Borough of Northvale, NJ Article III Regulations and Restrictions

§ 200-6 R 12.5 and R 7.5 Residential Zones.

A. In the R 12.5 and R 7.5 Residential Zoning Districts, the following uses are hereby expressly permitted, and no building, land or premises shall be used and no building shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use than that which is expressly set forth herein:

(1) Principal uses.

(a) Single-family, detached dwellings.

(b) Churches and other houses of worship.

[Amended 5-9-2001 by Ord. No. 762-2001]

(c) Family day-care.

[Added 8-12-2020 by Ord. No. 1023-2020]

(d) Community residence for persons with developmental disabilities.

[Added 8-12-2020 by Ord. No. 1023-2020]

(2) Accessorial uses.

[Amended 11-10-2020 by Ord. No. 1025-2020]

(a) Garages, maximum four vehicles of the passenger type, in accordance with Section 200-10.

[Amended 7-10-1985 by Ord. No. 536-85; 5-9-2001 by Ord. No. 762-2001]

(b) Off-street parking.

(c) Swimming pools.

(d) Tennis courts.

(e) Greenhouses.

(f) Residential agriculture.

(g) Storage sheds.

[Added 12-23-1981 by Ord. No. 450-G]

(h) Fences or fence walls.

(i) Signs.

(j) Roof -mounted solar energy systems are permitted provided that solar panels mounted on a sloped roof shall not exceed a height of 12 inches above the roof surface and that solar panels mounted on a flat roof shall be screened by a parapet or other screening measure so that the panels are not visible from any street or adjacent property.

[Added 12-29-2020 by Ord. No. 1028-2020]

(3) Conditional uses.

[Added 12-22-1982 by Ord. No. 450-H]

(a)

[Amended 5-9-2001 by Ord. No. 762-2001] The following conditional uses are permitted:

[1] Mother-daughter dwelling unit. The Planning Board may, upon proper application and hearing, authorize the expansion or alteration of a dwelling in the R12.5 or R7.5 Residential Zone to create a mother-daughter dwelling unit, provided that the Planning Board shall conduct a hearing and determine that the following conditions and standards have been met:

[a] That the second housekeeping unit is occupied by persons related to the principal occupants by blood, adoption, or marriage, including foster children.

[b] That the bulk requirements as set forth in the Limiting Schedules have been complied with.[1]

[1] Editor's Note: The Limiting Schedules are included as an attachment to this chapter.

[c] That adequate provision has been made to provide off-street parking.

[d] That the expansion or alteration of the single-family dwelling unit shall not exceed 25% of the floor area of the entire dwelling.

[e] That the expansion or alteration does not divide nor give the appearance of dividing into two separate dwelling units capable of independent occupancy.

[f] The above requirements shall be updated and certified annually with the Zoning Officer. Such recertification shall be recorded as part of the certificate of occupancy.

[2] Home occupations as an accessory use, subject to the following conditions:

[Added 11-10-2020 by Ord. No. 1025-2020]

[a] No person other than members of the family residing on the premises shall be engaged in such occupation, and an occupant shall have a proprietary interest in the occupation.

[b] The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and provided further that such professional service or office is located on the first floor of said dwelling and not more than 25% of the floor area of the dwelling unit, including basement, shall be used in the conduct of the home occupation.

[c] There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one wall sign which may be a maximum of three square feet.

[d] The professional service or office shall be carried on wholly within the principal building and shall not be conducted in any accessory building.

[e] There shall be no on-site sales in connection with such professional service or office.

[f] No overnight hospital facilities shall be provided for animals or persons in connection with such professional service or office.

[g] No such professional service or office shall generate traffic in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

[h] No equipment or process shall be used in such professional service or office which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

[i] A "home occupation," as defined herein, does not include a veterinarian, construction or repair contractor, a real estate or insurance agent, a carpenter, cabinetmaker or furniture repairman, an animal hospital or kennel, an auto repairman, a restaurant, tearoom, coffee shop, tavern, mortuary or beauty or barber shop.

(b) The review by the Planning Board shall include any site plan review pursuant to Chapter 159, Site Plan Review, of the Code of the Borough of Northvale.

(c) Any conditional use authorized by the Planning Board under this chapter shall terminate immediately when and if the conditions and standards set forth herein are found to have been violated.

(d) The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.

B. Prohibited uses.

[Amended 12-10-1980 by Ord. No. 450-D; 12-22-1982 by Ord. No. 450-H; 5-9-2018 by Ord. No. 991-2018]

(1) Prohibited uses.

(a) The following uses are expressly prohibited in an R 12.5 and R 7.5 Residential Zoning District:

[1] Open storage of more than one motor vehicle which does not have a current license plate and motor vehicle registration.

[2] Trailers, whether enclosed or open, which are registered with commercial plates.

(b) The following uses are expressly prohibited in an R 12.5 Residential Zoning District:

[1] Vehicles bearing permanent, nonremovable signage on the front, back and side, except that vehicles bearing signage on the front driver side and front passenger side shall be permitted to the extent that they comply with all other provisions proscribed in § 200-6B.

[2] All other signage on vehicles must be removed or covered nightly between the hours of 10:00 p.m. and 6:00 a.m.

[3] Trailers, whether enclosed or open, which are registered with commercial plates.

(c) Except as herein otherwise provided, no vehicle other than a passenger automobile, motorcycle or passenger automobile of recreation design (Winnebago type or mobile homes of similar type) shall be parked in the R 12.5 or R 7.5 Residential District between the hours of 10:00 p.m. and 6:00 a.m., or on Sunday. The only exceptions to this provision shall be as follows:

[1] One vehicle used for the transportation of goods, materials or commercial transportation of people may be regularly parked or stored on a lot in a residential district, provided that the gross registered weight shall be less than 10,000 pounds, the height of the vehicle shall not exceed eight feet, and the vehicle shall not have more than four wheels.

[2] Any vehicles other than those as described and permitted in Subsection B(3)(a) must be parked or stored in enclosed garages in residential zones.

[3] The Code Compliance Officer of the Borough of Northvale may permit commercial vehicles or equipment to remain on residential property between the hours of 10:00 p.m. to 6:00 a.m. or on Sunday if, in the judgment of the Code Compliance Officer, such vehicles are necessary in the course of construction activities at the site. Such permit may not be issued prior to issuance of a building permit nor continue beyond the date on which a certificate of occupancy for the premises is issued.

C. Minimum living floor area.

[Amended 12-22-1982 by Ord. No. 450-H]

(1) The minimum living floor area in the R 12.5 Zoning District shall be no less than 1,200 square feet.

(2) The minimum living floor area in the R 7.5 Zoning District shall be no less than 1,000 square feet.

D. Bulk requirements; Limiting Schedules. Subject to modification or supplementary regulations in special cases as specified in subsequent or proceeding sections of this chapter, regulations as to use, lot size, bulk of buildings, off-street parking, signs and special requirements in the R 12.5 and R 7.5 Zoning Districts shall be as set forth in the Limiting Schedules which are hereby adopted and made a part of this chapter.[2]

[Amended 12-22-1982 by Ord. No. 450-H]

[2] Editor's Note: The Limiting Schedules are included as an attachment to this chapter.

§ 200-7 C, C-1 and C-2 Commercial Zones.

[Amended 9-12-1979 by Ord. No. 450-C; 12-10-1980 by Ord. No. 450-D; 4-22-1981 by Ord. No. 450-F; 12-23-1981 by Ord. No. 450-G; 11-19-1984 by Ord. No. 526-84; 9-11-1996 by Ord. No. 704-96; 5-9-2001 by Ord. No. 762-2001]

A. The following uses are expressly permitted in the C, C-1 and C-2 Commercial Zones in the Borough of Northvale, and no building, land or premises shall be used and no building shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use than that which is expressly set forth herein, provided further that all commercial uses located within the C-1 Zoning District shall have frontage on either Paris Avenue or Livingston Street:

(1) Principal uses.

(a) Retail sales of goods and services.

(b) Banks.

(c) Business, professional and governmental offices.

(d) Funeral parlors (single-family accessorial residential uses permitted).

(e) Printing shops.

(f) Restaurants. Restaurants with drive-through facilities are permitted in the C-2 Zone only.

[Amended 8-12-2020 by Ord. No. 1023-2020]

(g) Single-family residential uses in the C-1 Zoning District, provided that said residential use is not in any way combined with a commercial use. Multiple-family dwellings shall be prohibited in all zones unless specifically allowed. Two-family dwellings shall be prohibited in all zones within the Borough.

[Amended 8-12-2020 by Ord. No. 1023-2020]

(h) Service repair facilities only in the C-2 Commercial Zone.

[Added 8-12-2020 by Ord. No. 1023-2020]

(2) Accessorial uses.

(a) Signs.

(b) Fences or fence walls.

(c) Garages.

(d) Enclosed storage.

(e) Off-street parking.

(f) Storage shed, provided that the same is accessorial to a permitted residential use in the C-1 Zoning District.

(g) Roof -mounted solar energy systems are permitted provided that solar panels mounted on a sloped roof shall not exceed a height of 12 inches above the roof surface and that solar panels mounted on a flat roof shall be screened by a parapet or other screening measure so that the panels are not visible from any street or adjacent property.

[Added 12-29-2020 by Ord. No. 1028-2020]

(3) Conditional uses.

(a) Service cleaning establishments in the C-1 and C-2 Commercial Zones.

(b) Retail gas stations in the C-2 Commercial Zone.

[Amended 8-12-2020 by Ord. No. 1023-2020]

B. The following uses are expressly permitted in the C-1 and C-2 Commercial Zones:

[Amended 8-12-2020 by Ord. No. 1023-2020]

(1) Principal uses.

(a) Child-care centers.

(b) Cleaners.

(c) Exercise studios.

(d) Laundromats.

(e) Medical uses.

(f) Personal services.

C. Buffer strips. The following buffer strip requirements shall apply to any commercial use in the Borough of Northvale that adjoins or is adjacent to a residential use:

(1) The commercial use shall be screened along those portions of the property that are adjacent to or that adjoin a residential use by a buffer strip of not less than 15 feet in width and by a fence or fence wall not less than five feet in height or with a four-foot planting strip consisting of shrubs or trees which are at least four feet high at the time of planting.

(2) Such screening shall extend to an equidistant point between the minimum setback line for the district and the public right-of-way.

D. Bulk requirements. The bulk requirements for the commercial zoning districts shall be those as set forth in the Limiting Schedules which are hereby adopted and made a part of this chapter.[1]

[1] Editor's Note: The Limiting Schedules are included as an attachment to this chapter.

E. Service cleaning establishments.

(1) In addition to the requirements set forth in the Limiting Schedules[2] and elsewhere in this chapter for any particular conditional use, the following requirements shall apply to a service cleaning establishment which is herein permitted by conditional use:

(a) No part of a service cleaning establishment building may be situated within a radius of 1,500 feet of the building of another cleaning establishment.

(b) An attendant shall be present upon the premises at all times when it is open for customer use.

(c) The service cleaning establishment shall not be open for business prior to 7:00 a.m. or later than 10:00 p.m., prevailing time.

(d) The floor area of the premises shall be no greater than 3,000 square feet.

(e) The applicant for development or other interested party shall present extensive evidence to the approving authority that there will be no pollution, fire hazard or generation of excessive noise or vibration.

(f) The service cleaning establishment shall be housed in a fully enclosed structure.

[2] Editor's Note: The Limiting Schedules are included as an attachment to this chapter.

F. Retail gas stations.

[Amended 8-12-2020 by Ord. No. 1023-2020]

(1) In addition to the requirements set forth in the Limiting Schedules and elsewhere in this chapter for any particular conditional use, the following requirements shall apply to a retail gas station which is herein permitted by conditional use:

(a) (Reserved)

(b) The minimum frontage requirements for a retail gas station shall be 200 feet, and the minimum depth of any lot upon which a retail gas station is located shall be 200 feet.

(c) The area for use by motor vehicles, except access drives thereto, as well as any structures contained on the property, shall not encroach on any required yard area.

(d) No fuel pump shall be located within 20 feet from any side lot line nor within 35 feet of any front lot line.

(e) All repair work, servicing and the like shall be performed within a fully enclosed building.

(f) All automobile parts, scrap material and similar articles shall be stored within a fully enclosed building. No dismantled or wrecked vehicles shall be stored outside a fully enclosed building for a period in excess of 10 days.

(g) The area of all driveways and all areas over which motor vehicles will drive or be parked shall be paved with a bituminous or concrete surface.

(h) All lights used to illuminate the retail gas station shall be arranged so as to reflect down and so as to cause the minimum amount of glare to the surrounding properties.

(i) No product displays, parked vehicles or other obstructions shall be allowed that may adversely affect visibility at intersections or station driveways.

(j) Automobile repair work shall be permitted, provided that such automobile repair work shall not include spray paint operations or body or fender repair.

(k) All ingresses and egresses as well as dropped curbing shall comply with the standards and requirements as set forth by the New Jersey Department of Transportation.

§ 200-7.1 C-3 Commercial/Light Industrial Zone.

[Added 5-9-2001 by Ord. No. 762-2001]

A. Purpose. The purpose of this zone is to provide an appropriate location for light industrial uses while enabling the redevelopment of other properties in the zone for high-quality commercial uses in accordance with certain conditions. In the C-3 Zone, particular attention should be given to the relationship with neighboring residential properties, circulation, parking design and the scale and design of development.

B. The following uses are expressly permitted in the C-3 Commercial Zone.

[Amended 8-12-2020 by Ord. No. 1023-2020]

(1) Principal uses.

(a) All LI Light Industrial Zone permitted principal uses.

(b) Restaurants.

(c) Self-storage facilities.

(2) Accessorial uses. All LI Light Industrial Zone permitted accessorial uses except open storage of motor vehicles.

C. Prohibited uses.

(1) All uses prohibited in the C-2 Commercial Zone.

(2) Drive-through windows for food and beverage service.

D. Development regulations.

(1) Bulk requirements.

(a) Minimum frontage: 120 feet.

(b) Minimum lot area: one acre.

(c) Minimum lot width: 200 feet.

(d) Minimum lot depth: 200 feet.

(e) Building setback: 50 feet.

[1] Minimum side setback: 25 feet.

[2] Minimum rear setback: 50 feet.

(f) Maximum building coverage: 25%.

(g) Maximum total impervious coverage: 50%

(h) Maximum building height: 35 feet.

(i) Green area: 25%.

(2) Other requirements.

(a) Circulation.

[1] In order to minimize the number of curb cuts and enhance the appearance of properties, common vehicular access points and shared parking areas are encouraged for adjacent parcels in the C-3 Zone.

[2] Pedestrian and bicycle amenities shall be provided when possible. These may include benches, bicycle racks, walkways and other enhancements.

(b) Development character. When reviewing the site plan for commercial developments in the C-3 Zone, the Board shall ensure that the character of the proposed development is consistent with the intent of the Master Plan regarding this section of the Borough.

E. Buffer strips. The buffer strip requirements in § 200-8C shall apply to all developments in the C-3 Zone.

§ 200-7.2 Professional Office Zone.

[Added 8-10-2010 by Ord. No. 876-2010]

A. The following uses are expressly permitted in the PO Professional Office Zone in the Borough of Northvale; and no building, land or premises shall be used and no building shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use than that which is expressly set forth herein; provided, further, that all professional office uses located within the PO Zoning District, when able to, shall have frontage on either Paris Avenue or Livingston Street.

(1) Principal uses:

(a) Business, professional and governmental offices.

(b) Banks.

(c) Detached single-family residential uses in the PO Zoning District, provided that said residential use is not in any way combined with an office use.

[Amended 8-12-2020 by Ord. No. 1023-2020]

(d) Exercise studios.

[Added 8-12-2020 by Ord. No. 1023-2020]

(e) Personal service establishments.

[Added 8-12-2020 by Ord. No. 1023-2020]

(2) Accessorial uses:

(a) Signs.

(b) Fences or fence wall.

(c) Off-street parking, provided that it is located behind the principal structure, not covered and not under the building. All parking shall be set back a minimum of five feet from the property line.

(d) Storage shed, provided that the same is accessorial to a permitted residential use in the PO Zoning District.

(e) Roof -mounted solar energy systems are permitted provided that solar panels mounted on a sloped roof shall not exceed a height of 12 inches above the roof surface and that solar panels mounted on a flat roof shall be screened by a parapet or other screening measure so that the panels are not visible from any street or adjacent property.

[Added 12-29-2020 by Ord. No. 1028-2020]

(3) No conditional uses are permitted in the PO Zone.

B. Buffer. The following buffer requirements shall apply to any non-residential use in the Borough of Northvale that adjoins or is adjacent to a residential use:

[Amended 8-12-2020 by Ord. No. 1023-2020]

(1) The building shall be screened along those portions of the property that are adjacent to or that adjoin a residential use by a buffer strip of not less than five feet in width and by a fence or fence wall not less than six feet in height or with a four-foot planting strip consisting of shrubs or trees which are at least six feet high at the time of planting.

C. Bulk requirements. The bulk requirements for the Professional Office Zoning District shall be those as set forth in the Limiting Schedule, which is hereby adopted and made a part of this chapter.[1]

[1] Editor's Note: The Limiting Schedule is included as an attachment to this chapter.

§ 200-8 LI and LI-1 Light Industrial Zones. [1]

[Amended 12-23-1981 by Ord. No. 450-G; 8-12-2020 by Ord. No. 1023-2020; 12-29-2020 by Ord. No. 1028-2020; 6-11-2025 by Ord. No. 25-07]

A. The following uses are expressly permitted in the Light Industrial Zones in the Borough of Northvale, and no building, land or premises shall be used and no building shall be erected or altered which is constructed, designed, arranged or intended to be used in whole or in part for any other use than that which is expressly set forth herein:

(1) Principal uses.

(a) Research laboratories.

(b) Business, industrial or governmental offices.

(c) Publishing houses or printing firms.

(d) Manufacture by distillation, fabrication, assembling or other handling of products for industrial sale.

(e) Wholesale distribution centers or warehouses.

(f) Body shops in LI-1 Zones only, provided that no repair work of motor vehicles shall be done out of doors except the changing of tires and emergency work, that no body shop shall be located within 1,200 feet from any other body shop and that a security fence of the chain-link type, not exceeding six feet in height, shall be provided.

(g) Commercial kitchens and food/beverage production, provided that odors are not discernable at or beyond the property line of the commercial kitchen and food/beverage production use.

(h) Dog kennels, provided that the kennel is not located within 125 feet of a residential property line, measured from the property line of the parcel on which the dog kennel is located.

(2) Accessorial uses.

(a) Off-street parking.

(b) Fences or fence walls.

(c) Signs.

(d) Garages.

(e) Storage buildings.

(f) Buildings used for the purpose or processing or assembling of goods.

(g) Employee cafeterias.

(h) Open storage of motor vehicles when screened by a buffer zone in accordance with the requirements of this chapter.

(i) Roof -mounted solar energy systems are permitted provided that solar panels mounted on a sloped roof shall not exceed a height of 12 inches above the roof surface and that solar panels mounted on a flat roof shall be screened by a parapet or other screening measure so that the panels are not visible from any street or adjacent property.

(j) Exercise studios, Instructional dance or martial arts studios, and individualized instructional sports training facilities.

B. Prohibited uses. The following uses are expressly prohibited in the Light Industrial Zones:

(1) Residential uses.

(2) Retail sales of goods or services.

C. Buffer strips. The following buffer strip requirements shall apply to any use permitted in the Light Industrial Zones in the Borough of Northvale:

(1) The erection or construction of a buffer as shown on the Zoning Map of the Borough of Northvale which is hereby adopted and made a part of this chapter.

(2) All required buffers shall be at least 75 feet in width.

(3) All required buffers shall be landscaped with evergreens of at least six feet in height and shall be of sufficient density as to prevent the use from being visible by adjoining residential properties.

D. Bulk requirements. The bulk use requirements for the Light Industrial Zones shall be as set forth in the Limiting Schedules, which are hereby adopted and made a part of this chapter.[2]

[2] Editor's Note: The Limiting Schedules are included as an attachment to this chapter.

E. Open door industrial uses prohibited. All uses in the light industrial zones shall be limited to the confines of the physical premises so as not to emit any noise or odor, which the Mayor and Council find to be hazardous to the health and welfare of the citizens of the Borough of Northvale.

[1] Editor's Note: Ordinance No. 762-2001, adopted 5-9-2001, amended various sections of this chapter, but provided that § 200-8, LI and LI-1 Light Industrial Zones, remain unchanged. Ordinance No. 767-2001, adopted 7-11-2001, amended Ord. No. 762-2001 to provide that § 200-8 remain unchanged with the exception that there shall be created a Light Industrial Overlay Zone for the following properties: Block 1009, Lots 11, 12, 13 and 3. Said properties shall be afforded dual-use rights as conveyed in the R 7.5 Zone and the LI Light Industrial Zone and shall be subject to all use regulations provided therein.

§ 200-9 Provisions applicable to all zones.

The following provisions are applicable to all zones:

A. Principal uses. The following uses are expressly permitted in all zoning districts in the Borough of Northvale:

(1) Municipal, governmental or agency uses as shown on the Official Map which is hereby adopted and made a part of this chapter.[1]

[1] Editor's Note: Copies of the Official Map are available at the Borough offices.

B. Prohibited uses. The following uses are expressly prohibited in all zones in the Borough of Northvale:

(1) Motor courts, trailer camps, house trailers, hotels, motels or recreational vehicles which are being used as a dwelling or sleeping place.

(2) [2]Drive-in facilities, except in the C-2 Zone where restaurants with drive-in facilities shall be permitted.

[Added 11-10-2020 by Ord. No. 1025-2020]

[2] Editor's Note: Former Subsection B(2), Apartment houses, garden apartments, boardinghouses or any type of multifamily usage, two-family homes, duplex or double houses, was repealed 5-9-2001 by Ord. No. 762-2001. This ordinance also provided for the renumbering of former Subsections B(3) through (11) as Subsections B(2) through (10), respectively.

(3) Shooting galleries, skating rinks, bowling alleys, billiard parlors, dance halls, discotheques, model slot car racing, tattoo parlors, skateboard facilities, pinball establishments or other similar facilities.

(4) No automobile repair work shall be done out of doors except for the emergency repair of motor vehicles or the changing of tires.

(5) Metal- or wood working shops employing more than four persons.

[Added 7-25-1979 by Ord. No. 450-A]

(6) Blast furnaces, boiler works or coke ovens.

[Added 7-25-1979 by Ord. No. 450-A]

(7) Premises involved in the manufacture and/or distribution of disinfectant, insecticide, creosote or poisons.

[Added 7-25-1979 by Ord. No. 450-A]

(8) Premises involved in the manufacture, treatment and/or distribution of explosives, fireworks, match manufacture or storage or any type of substance possessing radioactive qualities.

[Added 7-25-1979 by Ord. No. 450-A]

(9) Any other trade or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise.

[Added 7-25-1979 by Ord. No. 450-A]

(10) Outdoor storage of any type.

[Added 7-25-1979 by Ord. No. 450-A]

(11) All uses not expressly permitted in this article are prohibited, including, but not limited to, the following:

[Added 8-14-2019 by Ord. No. 999-2019; amended 6-9-2021 by Ord. No. 1034-2021]

(a) All classes (1 through 6) of cannabis establishment or cannabis distributors or cannabis delivery services including cannabis cultivators, manufacturers, wholesalers, retailers, cannabis testing facilities, medical cannabis dispensaries, clinical registrant or cannabis retailer including any alternative treatment centers deemed to hold a medical cannabis dispensary permit pursuant to Section 7 of P.L. 2009, c. 307 (N.J.S.A. 24:6I-7), are expressly prohibited within the Borough of Northvale.

C. Closing hours.

[Added 9-11-1996 by Ord. No. 704-96]

(1) Intent. The purpose of this section is to exercise to the fullest extent the powers granted to the Borough to manage land use through zoning to the fullest extent permitted by the Municipal Land Use Law and the Constitutions of the United States and the State of New Jersey and to generally exercise the police power. The Mayor and Council of the Borough of Northvale do find it necessary to regulate the hours of service or operation of certain establishments located in the Borough of Northvale. These establishments are located in a residential milieu, and it is necessary, therefore, to regulate the hours of operation in order to protect the health, peace and comfort of the surrounding residential uses as well as the public health and welfare of the residential community.

(2) All establishments operating as service stations as defined by this chapter are prohibited from conducting any business whatsoever between the hours of 11:00 p.m. and 6:00 a.m.

[Amended 5-9-2001 by Ord. No. 762-2001]

(3) All commercial uses in the C or C-1 Commercial Zones, with the exception of pharmacies, restaurants or professional offices open to the public, are prohibited from conducting any business whatsoever between the hours of 12:00 midnight and 6:00 a.m.

[Added 5-9-2001 by Ord. No. 762-2001]

D. Borough-wide set-aside requirements.

[Added 8-27-2019 by Ord. No. 1006-2019]

(1) Any property in the Borough of Northvale that receives a subdivision or site plan approval, zoning change, density variance, use variance or approval of a redevelopment or rehabilitation plan to permit multifamily residential development at six units or more per acre, which multifamily residential development will yield five or more new dwelling units, shall provide a minimum affordable housing set-aside of:

(a) Fifteen percent if the affordable units will be for rent; or

(b) Twenty percent set-aside if the affordable units will be for sale.

(2) This requirement shall not apply to residential development on sites that are zoned for inclusionary residential development as part of the Borough's Housing Element and Fair Share Plan, which are subject to the affordable housing set-aside requirements set forth in the applicable zoning.

(3) This requirement does not, and shall not be construed to grant any property owner or developer the right to any rezoning, variance or other relief, nor does this requirement establish any obligation on the part of the Borough of Northvale to grant any such rezoning, variance or other relief.

(4) A property shall not be permitted to be subdivided so as to avoid compliance with this requirement.

(5) All affordable units created pursuant to this section shall be governed by the provisions of Chapter 200, Zoning, Article IX, Affordable Housing Regulations.

§ 200-10 General design standards.

[Added 5-9-2001 by Ord. No. 762-2001; amended 11-10-2020 by Ord. No. 1025-2020[1]]

A. Residential garages. The following design standards shall apply:

(1) Garages, maximum four motor vehicles of the passenger type. If the garage is detached from the principal use and it is located less than 70 feet from the front street line, it must comply with the Limiting Schedules[2] set forth in this chapter. In the event that the detached garage is more than 70 feet from the front street line, the side and rear yards of said detached garage shall be not less than five feet. If the garage is attached to the principal use, it must comply with the Limiting Schedules. Any detached garage shall be subject to a maximum height limitation of 20 feet.

[2] Editor's Note: The Limiting Schedules are included as an attachment to this chapter.

B. Restaurants. The following design standards shall apply:

[Amended 11-10-2020 by Ord. No. 1025-2020]

(1) Frontage and depth; conflicting provisions.

(a) The minimum frontage of the lot of a restaurant shall be 200 feet, and the minimum depth shall be 200 feet.

(b) This subsection shall take precedence over any conflicting provisions set forth in the Limiting Schedules which are hereby adopted and made a part of this chapter.[3]

[3] Editor's Note: The Limiting Schedules are included as an attachment to this chapter.

(2) In order to assure compliance with the requirement that a restaurant have as its primary function the preparation and serving of food and drink on the premises and for on-site consumption, the following design standards apply:

(a) All food and drink is to be ordered by a customer and served to the customer while he is seated at a table or counter where it is to be consumed.

(b) The restaurant shall not be designed in such a manner as to allow the ordering of food and drink in any location other than at the table or counter where it is to be consumed.

(c) All consumption of food and drink is to be within the building area designed for restaurant use. No food or drink shall be consumed in any other portion of the buildings and lot.

(d) Food and drink may be taken from the premises only when such take-out service is incidental to the primary restaurant use.

(3) Screening; wastes; property values.

(a) In the event that a restaurant use abuts a residential use or zone or institutional premises, the restaurant shall be screened along those portions that are adjacent to such residential zone or institutional premises by a fence or fence wall not less than five feet in height or with a four-foot planting strip consisting of shrubs or trees which are at least four feet high at the time of planting. Such screening shall extend to an equidistant point between the minimum setback line for the district in the public right-of-way.

(b) The developer, as a condition for approval, shall present evidence to the approving authority that there will be provisions for the disposal of solid, liquid and gaseous wastes and that there will be no air pollution or unreasonable odors.

(c) The restaurant use shall not depreciate the value of contiguous properties or create instances of discomfort or annoyance to the neighborhood residential uses and zones.

(4) All premises that are in existence at the time of the passage of this chapter and which fall within the definition of a "restaurant" only, as contained herein, are hereby declared to be legal conforming uses, regardless of the fact that they may not comply with the bulk or volume requirements contained in this definition. The within distinction is set forth expressly herein due to the findings of the Mayor and Council that numerous restaurants are currently operating in the Borough of Northvale that, but for this subsection, would otherwise be rendered nonconforming and would be depreciated in value.

C. Shopping centers. The following design standards shall apply:

(1) The developer shall present extensive evidence to the approving authority that there will be no traffic problems created by the proposed shopping center development. The approving authority's considerations in determining the existence or nonexistence of traffic problems are to include but not be limited to the following:

(a) The capacity of existing roadways to take any increased traffic flow.

(b) The need for left-hand turns in order to accommodate the ingress to and egress of traffic from the proposed use.

(c) Sight lines.

(d) The effect the proposed shopping center development will have on increasing traffic through the local residential streets.

(e) The location and design of the access driveways.

(f) Pedestrian and cyclist safety.

(g) The number, manner and design of all physical traffic control devices to be located in the interior parking lot and driveway.

(2) The proposed shopping center development shall promote a desirable visual environment through creative development techniques and good civic design in arrangements in accordance with the Municipal Land Use Law.[4] All masonry walls that serve as a facing shall be constructed of brick or a material of similar aesthetic appeal. Cement or cinder blocks shall not be exposed to view on a visually finished masonry wall.

[4] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(3) The developer shall comply with all provisions of Article VIII, Signs, of this chapter.

D. Commercial and light industrial buildings. The following design standards shall apply:

(1) All light industrial buildings shall be constructed with an exterior facing of a decorative masonry with a minimum thickness of four inches and approved by the Board at the time that the development application is being considered. The facing of commercial buildings shall be as required for light industrial buildings, except that commercial structures may be constructed with an exterior facing of shingles or siding at the discretion of the Board at the time that the development application is being considered. The Board shall give due consideration to the advice of the Borough Engineer, the aesthetics and the quality of construction for the structure and design, provided that all are in accordance with the purpose and principles of the Northvale Master Plan as well as the contents of this chapter.

E. Occupancy limitation in multidwelling units.

[Added 4-7-2009 by Ord. No. 865-2009]

(1) The following rules and regulations shall apply:

(a) Bedroom requirements. Every bedroom shall comply with the requirements of this subsection.

(b) Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.

(c) The total number of permanent residents allowed within any residence shall be based on the number of designated code-conforming bedrooms, with one person allowed per 50 square feet of bedroom area. ("Permanent resident" is defined as anyone residing for a period of greater than 30 days.)

(d) Access from bedrooms. Bedrooms shall not constitute the only means of egress to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. All bedrooms shall have direct access to exterior egress through windows. All bedrooms shall have direct access to natural light and ventilation through windows. No bedroom may be accessible only through an adjoining bedroom; all bedrooms shall have direct access to a corridor or other nonsleeping space. No bedrooms shall be located in cellar spaces.

(e) Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located on the same story as the bedroom or in an immediately adjacent story.

(f) Prohibited occupancy. Kitchens, bathrooms, cellars, storage areas and nonhabitable spaces shall not be used for sleeping purposes.

(g) Other requirements. Bedrooms shall comply with the applicable provisions of this code, including but not limited to the light, ventilation, room area, ceiling height, and room width of the IBC Residential Code, the IBC Plumbing Code, and the National Electrical Code. All bedrooms shall be in compliance with smoke detector and emergency escape requirements.

(h) Overcrowding. Dwelling units shall not be occupied by permanent residents of more than permitted by the minimum area requirements of Table 1. The maximum number of permitted permanent residents in any one dwelling or residence shall be based on the minimum area requirements of either the bedrooms/sleeping areas or the living/dining areas, whichever provides the more-restrictive minimum allowances.

Table 1 Minimum Area Requirements Minimum Area in Square Feet
Space	1-2 Occupants	3-5 Occupants	6 or More Occupants
Living room	No requirements	120	150
Dining room	No requirements	80	100
Bedrooms	Shall comply with § 200-10F(1)(b)

NOTES:
A.	See § 200-10F(3) for combined living room/dining room spaces.
B.	See § 200-10F(1)(b) for limitations on determining the minimum occupancy area for sleeping purposes.

(2) Sleeping area. The minimum occupancy area required by Table 1 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with § 200-10F(1)(b).

(3) Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 1 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combined living room/dining room.

(4) Efficiency unit. Nothing in this subsection shall prohibit an efficiency living unit (where permitted within the Zoning Code) from meeting the following requirements:

(a) A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear area of not less than 320 square feet. These required areas shall be exclusive of the area required by Subsection F(2) and (3).

(b) The unit shall be provided with a kitchen sink, cooking appliances and refrigeration facilities, each having a clear working space of not less than 30 inches in the front. Light and ventilation conforming to this code shall be required.

(c) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

(d) The maximum number of permanent persons in an efficiency unit shall be three.

F. Trash and recyclable containers. The following design standards shall apply:

[Added 11-10-2020 by Ord. No. 1025-2020]

(1) Trash and recyclable containers shall not be visible from any public street and shall be located in the rear half of the side yard or rear yard only.

(2) All trash and recyclable containers shall be enclosed by a solid fence or masonry on three sides and a solid, heavy-duty gate on the fourth side.

Parking lot landscaping. For every surface parking lot containing 20 or more parking spaces, the following design standards shall apply:

G. Parking lot landscaping. For every surface parking lot containing 20 or more parking spaces, the following design standards shall apply:

(1) For every 20 parking spaces, at least one landscape island, containing at least 162 square feet shall be provided within the parking area.

(2) Half of the landscape islands shall contain shade trees, while the remainder shall contain shrubs.

(3) Shade trees shall be planted with a caliper of at least three inches and shrubs shall be planted with a height of at least two feet.

[1] Editor's Note: This ordinance also repealed former § 200-10, Provisions applicable to all commercial and light industrial buildings, added 3-26-1980 by Ord. No. 450-B, as amended 10-15-1986 by Ord. No. 562-86.

§ 200-11 Nonconforming buildings or uses.

The following rules and regulations shall apply:

A. Any 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; provided, however, that any use or structure existing at the time of the passage of this chapter shall not be modified, intensified or altered by addition to the number of tenancies for said structure. A building or structure shall be considered to have sustained partial destruction when the frame of the building or structure, exclusive of its foundation, has been destroyed by no more that 50% of said frame. Then, and in that event only, said building or structure may be rebuilt, and the use of said building or structure as it existed at the time of its destruction may be continued.

[Amended 7-14-2004 by Ord. No. 796-2004]

B. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

C. No building shall be enlarged unless the use therein is changed to a conforming use.

D. No nonconforming use shall be extended so as to diminish the extent of a conforming use.

E. No nonconforming use or structure existing at the time of the passage of this chapter shall be modified, intensified or altered by addition to the number of tenancies for said structure.

[Added 7-14-2004 by Ord. No. 796-2004]

§ 200-12 Location of accessory buildings in residential zones.

Accessory buildings, except garages, in residential zones shall conform to the following regulations as to their location upon the lot:

A. In the case of an interior lot fronting on only one street, no accessory building shall be erected or altered so as to encroach upon that half of the lot depth nearest the street.

B. In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.

C. In the case of a corner lot fronting upon two streets, no accessory building shall be erected or altered so as to encroach upon the area between each respective street and a line drawn parallel to such street in a manner to divide the lot into two equal parts.

D. Notwithstanding any requirement in this section, the foregoing rules shall not restrict the location of any accessory building 70 feet or more from any street bounding the block or require such accessory building to be set back from a street which is not more than 25 feet in width.

E. Such accessory buildings shall additionally comply with all other bulk requirements set forth in this chapter.

§ 200-13 Off-street parking.

[Amended 12-10-1980 by Ord. No. 450-D; 12-22-1982 by Ord. No. 450-H; 5-9-2001 by Ord. No. 762-2001]

A. No building or premises shall be used nor shall any building be erected nor shall any building be altered so as to expand its usable floor area unless there is provided parking space on the same premises upon which the use or structure is located or upon such nearby premises as may be provided for in the site plan approval.

B. Off-street parking spaces for residential uses shall be provided in accordance with the State Residential Site Improvement Standards (N.J.A.C. 5:21). Required parking spaces for mother-daughter dwelling units shall be provided based upon the total number of bedrooms in the structure.

C. Parking spaces for nonresidential uses shall be not less than 10 feet in width and not less than 200 square feet in area, exclusive of adequate interior driveways for ingress and egress to connect the parking space with a public street.

D. Parking spaces required by this chapter for any use except dwellings may be provided on premises other than those upon which the use is located, provided that such premises are within a walking distance of 200 feet from the building entrance, and further provided that such premises are owned in fee by the owner of the lot upon which the use is located or that the owner of the lot upon which such use is located holds a lease or license which grants to him the right of uninterrupted use for parking purposes for at least 20 years.

E. Required off-street parking space may be reduced by the amount to which other off-street parking space, such as publicly owned space or jointly or cooperatively owned space, satisfying the requirements of this chapter is provided for the use that is involved, or such amount as may be justified by the reduction in need for such space by reason of a reduction in the size or change in the nature of the use to which such space is appurtenant.

F. All off-street parking spaces and driveways shall be paved with asphalt or concrete.

G. All nonresidential off-street parking areas adjacent to any residential zone and used by more than three vehicles shall be screened by a six-foot-tall solid fence or a five-foot-wide landscaping strip containing evergreen trees in a staggered row planted at a minimum height of six feet to screen vehicles from adjacent residential properties.

[Amended 11-10-2020 by Ord. No. 1025-2020]

H. The total width of all driveways on a lot used in a commercial or light industrial zone shall not exceed 30% of the width of the lot.

I. The Board is hereby authorized to establish the required number of parking spaces for any nonresidential use erected or to be erected pursuant to this chapter. In establishing the required number of parking spaces for any use, the Board shall use the following standards:

[Amended 11-10-2020 by Ord. No. 1025-2020]

(1) Retail and office uses: one parking space for every 300 square feet of floor area or any part thereof.

(2) Restaurants: one parking space for every three seats and one space for every two employees during the maximum shift.

(3) Medical offices and personal service establishments: one parking space for every 200 gross square feet.

(4) Exercise studio: one parking space for every 120 square feet of public area for students/customers.

(5) Laundromats: one parking space for every 200 gross square feet.

(6) Dog kennels: three parking spaces.

(7) All industrial uses in any zone shall be required to provide one parking space for every 600 square feet of floor area or one parking space for every employee during the maximum shift.

(8) Places of worship in any zone shall be required to provide one parking space for every three permanent or fixed seats based on seating capacity. Places of worship with no permanent or fixed seating shall provide one parking space for every three persons based on the maximum capacity of the facility, which shall be calculated by taking the total square footage of the space and dividing it by the square footage of space allotted to each person in attendance as determined by application of the Fire Department Occupancy Load Code.

J. All off-street parking and off-street loading areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective devices approved by the Borough Engineer and Construction Official of the Borough of Northvale.

K. Each lane of an interior driveway shall be at least 24 feet wide where used with ninety-degree-angle parking, at least 18 feet wide where used with sixty-degree-angle parking and at least 12 feet wide where used with forty-five-degree-angle parking. Where used with parallel parking or where there is no parking, interior driveways shall be at least 12 feet wide for one-way traffic movement and at least 24 feet wide for two-way traffic movement. Parking shall be prohibited in the interior driveways, and no part of this space shall be computed as part of the parking space requirement. All parking areas shall be a minimum distance of five feet from the exterior wall of any building; provided, however, that this subsection shall not apply to the residential uses.

L. Each off-street parking or loading area shall be connected to a street by means of a driveway constructed in accordance with at least the minimum standards required by the Borough of Northvale.

M. Each off-street parking space shall be clearly marked in pavement, and directional arrows or signs shall be provided wherever necessary. Markers, directional arrows and signs shall be properly maintained so as to ensure their maximum efficiency; provided, however, that this subsection shall not apply to the residential uses.

N. Adequate lighting shall be provided if the off-street parking facilities are used at night. If said parking facilities are near residential land, the lighting shall be arranged and installed so as not to reflect or cause glare on the residential land in accordance with the standards as required by the approving authority of the Borough of Northvale.

O. All applications for building permits and/or certificates of occupancy in the Commercial Zone or Light Industrial Zone shall be accompanied by a site plan setting forth a paved parking area with the number of spaces to be provided.

P. If, in the course of its site development plan review, the approving authority determines that, by reason of the proposed use of particular premises or for any other reason, the number of parking spaces which will be required to meet the parking needs of such premises is less than the number of spaces which would otherwise be required under this chapter, the approving authority shall have the power to permit the applicant to construct and pave only such number of parking spaces as the approving authority determines to be necessary to meet such requirements and to permit the remaining area, which would otherwise be required to be constructed and paved for parking purposes, to remain unpaved in a landscaped condition; provided, however, that the site development plan shall delineate the full number of parking spaces which, but for such finding of the approving authority, would be required, and any certificate of occupancy issued for such premises shall note the decision of the approving authority as described herein, and provided further that the Zoning Officer shall, from time to time, inspect said premises to determine the adequacy of existing parking spaces and report thereon to the approving authority, and the approving authority shall have the power, at any time that it determines that construction and paving of the remaining parking area is necessary in order to satisfy the parking requirements of the premises, to order such additional construction and paving. In the event that there is a transfer of ownership of the premises or a change in its use or if said premises are leased to a tenant other than as set forth in the original certificate of occupancy or should the holder of the certificate of occupancy, either as owner or tenant, increase the use beyond which the certificate of occupancy was issued, the approving authority shall have the power at that time to request additional site plans for presentation in order to determine whether the parking requirement shall be increased or decreased.

Q. Every off-street parking area shall be subject to site plan approval by the approving authority. The approving authority shall consider the effect of any parking area upon traffic safety and abutting properties.

R. All parts of all yards not used for off-street parking areas shall be adequately landscaped, subject to approval by the approving authority and maintained in good condition.

S. No certificate of occupancy shall be issued until the applicant has transferred to the Borough of Northvale a certified check only in an amount specified by the Zoning Officer, which amount shall be equal to 100% of the total cost of the unfinished paving and/or unfinished landscaping required herein. The total cost of unfinished paving and/or unfinished landscaping as set forth in the site plan shall be established by the Zoning Officer in the following manner:

(1) The Zoning Officer shall cause two estimates of the costs of such work to be made by qualified individuals chosen by the Zoning Officer; the cost of these estimates shall be paid by the property owner. The higher of the two estimates shall be designated as the cost of the landscaping and/or paving as set forth in the site plan.

(2) Said amount shall be released only upon said landscaping being completed and said macadam parking areas being completed within three months of the date of the certificate of occupancy or such further time as may be designated by the approving authority.

§ 200-14 Off-street loading.

A. No retail, industrial, manufacturing, warehousing, or wholesale distribution building shall be used, erected or expanded unless off-street loading space shall be provided in such amount and manner that all loading and unloading operations will be conducted entirely within the boundaries of the lot concerned, and no vehicles shall in any manner use public streets, sidewalks or rights-of-way for loading or unloading operations except for access to the lot.

[Amended 11-10-2020 by Ord. No. 1025-2020]

B. All exterior loading platforms of any commercial or industrial building shall be erected in the rear of said buildings so as to provide for rear yard loading and unloading only.

§ 200-15 Fences and fence walls.

A. Residential zones.

[Amended 9-9-2020 by Ord. No. 1024-2020; 7-14-2021 by Ord. No. 1038-2021]

(1) No fence shall be constructed, installed or replaced without a zoning permit, including a pool barrier fence.

(2) No fence or fence wall in a yard shall exceed six feet in height, measured from the highest point of ground at its base, except where required by this article to screen parking areas. Six-foot fences are permitted in side and rear yards.

(3) No fence or fence wall in any front yard shall exceed four feet in height. All fences in a front yard shall be a minimum of 10 feet in from the road/curbline and also must be on or within the homeowner's property line.

(4) Chain link fences are prohibited in a front yard. All fences in a front yard shall be a minimum of 10 feet in from the road/curbline and also must be on or within the homeowner's property line.

(5) Regarding corner lots, four-foot fences are permissible on the second front yard, and must maintain 10 feet from the right-of-way. The maximum height of six feet may start on the rear corner foundation and run parallel to the rear property line and also be on or within the homeowner's property line.

(6) Fence post caps are allowed to rise an additional six inches above the maximum fence panel heights.

(7) No fence, shrubs or other obstruction to visibility, exclusive of trim trees or existing buildings, shall be built, planted or maintained upon a corner lot within 25 feet of any street intersection. Plantings higher than 32 inches are prohibited. Any existing obstruction of this character which within the foregoing limits curtails the view of drivers of vehicles approaching the intersection, as determined by the Northvale Police Department Traffic Officer, shall be removed by and at the expense of the owner of such corner lots within six months of the date of the passage of this chapter.

(8) Any fence which is not aesthetically and visually identical on both sides must be erected so that the side facing an adjoining property owner, or a street, is of equal or better aesthetic and visual appearance than the side facing the property upon which the fence is erected.

(9) No fence panel, picket or slat shall be in excess of six feet in height. The total height of the top of the fence panel, picket or slat shall not include any slight undulations of the ground. An allowance of two inches from the bottom or any fence panel, picket or slat is permitted, provided that 80% of the fencing does not exceed a height of six feet two inches above the ground. This maximum height is intended to allow a six-foot-tall fence panel to be installed up to two inches above the ground, regardless of any undulations of the ground up to six inches above the ground when the ground does undulate. No fence post, including any decorative finial, shall be in excess of six feet eight inches.

B. Nonresidential zones. The regulations for residential zones shall apply herein. Nothing contained herein shall prevent an owner of nonresidential property, where necessary to protect the public from dangerous equipment, from applying to the Mayor and Council for permission to erect a security fence of the chain-link type above the six-foot height requirement imposed herein.

§ 200-15.1 Wireless telecommunication towers and facilities.

[Added 5-14-1997 by Ord. No. 710-97; amended 3-11-1998 by Ord. No. 724-98; 5-9-2001 by Ord. No. 762-2001; 3-13-2002 by Ord. No. 773-2002; 9-9-2009 by Ord. No. 870-2009]

A. Definitions. As used in this section, the following items shall have the meanings indicated:

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, flagpoles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANCILLARY FACILITIES

The buildings, cabinets, vaults, closures and equipment required for operation of telecommunication systems, including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.

ANTENNA

Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

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.

BUFFER AREA

The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.

CARRIER

A company that provides wireless services.

CO-LOCATION

When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

FAA

The Federal Aviation Administration.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC

The Federal Communications Commission.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular radio, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.

GUYED TOWER

A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.

HEIGHT

When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

(1) Roof-mounted: mounted on the roof of a building.

(2) Side-mounted: mounted on the side of a building.

(3) Ground-mounted: antenna support (tower) mounted on the ground.

(4) Structure-mounted: mounted on a structure other than a building.

PERSONAL WIRELESS SERVICE FACILITY

A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.

RADIO FREQUENCY RADIATION (RFR)

The emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHZ to 300,000 MHZ.

RADIO FREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

STEALTH DESIGN

A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").

TELECOMMUNICATIONS FACILITY

A facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not "telecommunications facilities."

TELECOMMUNICATIONS OR TRANSMISSION TOWER

The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not "transmission towers."

WIRELESS COMMUNICATIONS

Any personal wireless services, as defined in the Federal Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.

B. Applicability.

(1) New towers and antennas. All new telecommunications towers or antennas in the Borough of Northvale shall be subject to these regulations.

(2) Preexisting towers or antennas. Preexisting telecommunications towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections J and K, absent any enlargement or structural modification or the addition of any antennas.

(3) District height limitations. The requirements set forth in this section shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.

(4) Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall be encouraged, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Said approved publicly owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a conditional use under this section.

(5) Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

(6) Satellite dish antennas. This section shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.

C. General requirements.

(1) Principal or accessory use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Borough land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.

(2) 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.

(3) 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 90 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.

(4) 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 or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Borough of Northvale 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.

(5) Not essential services. Telecommunications 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.

(6) Co-location required. The Borough of Northvale mandates that carriers co-locate antennas on towers and other structures whenever possible. See Subsection F for co-location requirements.

(7) Conditional use. All telecommunications facilities in the Borough of Northvale shall be conditional uses in accordance with N.J.S.A. 40:55D-67.

(8) Site plan required. Site plan approval shall be required for all new telecommunications facilities in the Borough of Northvale, including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.

D. Use regulations.

(1) Conditional use. Wireless telecommunications facilities are permitted as conditional uses:

(a) On lands owned by Borough of Northvale or any other public entity within the Borough of Northvale.

(b) In the LI and LI-1 and C-3 Commercial/Light Industrial Zones.

(c) On existing buildings in the C, C-1 and C-2 Zones.

(d) On lands owned by religious institutions or other nonprofit entities.

(2) Conditional use standards. Wireless telecommunications facilities may be permitted on the above-referenced lands, provided that:

(a) The minimum lot size on which new telecommunications towers may be located is 30,000 square feet in area.

(b) Lattice towers and any type of guyed tower are prohibited.

(c) Telecommunications towers shall be limited to monopoles without guys and shall meet the following height and usage criteria:

[1] For a single carrier, up to 90 feet in height;

[2] For two carriers, up to 105 feet in height; and

[3] For three or more carriers, up to 120 feet in height.

(3) Factors considered in granting conditional use permits.

(a) In addition to the above standards, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:

[1] Proximity of the tower to residential structures and residential district boundaries;

[2] Nature of uses on adjacent and nearby properties;

[3] Surrounding topography;

[4] Surrounding tree coverage and foliage;

[5] Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs, which are encouraged;

[6] Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures; and

[7] Availability of the proposed tower to other potential carriers.

(b) This list is considered to be illustrative in nature and may not include all factors to be considered.

E. Site design standards. The following site design standards shall apply to wireless telecommunications facilities:

(1) New towers.

(a) Telecommunications towers may not be located closer than 150 feet to any residential lot line in a residential zone. Antennas located on preexisting buildings or structures are exempt from this requirement.

(b) Fall zone. A fall zone shall be established such that the tower is set back 150% of the height of the tower from any building intended for human occupancy on an adjoining lot.

(c) Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with appropriate anticlimbing measures.

(d) Landscaping. The following requirements shall govern the landscaping surrounding towers:

[1] Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least eight feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting.

[2] In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.

[3] Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.

(e) Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunication services located on the site.

(f) Aesthetics. Towers and antennas shall meet the following requirements:

[1] Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce 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.

(g) Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:

[1] The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building; and

[2] No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA) and that is specifically required at the discretion of the Planning Board, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(h) Signs. No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) or by law, such as warning and equipment information signs.

(2) Antennas mounted on existing structures or rooftops.

(a) Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure in the C-3, LI-1 and LI Zone Districts, provided:

[1] Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project more than 10 feet above the existing building or structure height.

[2] The antenna complies with all applicable FCC and FAA regulations.

[3] The antenna complies with all applicable building codes.

[4] The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 28 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.

[a] 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.

[b] Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.

(b) Aesthetics. 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.

(3) Antennas on existing towers. An antenna may be attached to a preexisting tower in a nonresidential zone, and to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

(a) A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.

(b) An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

(c) On-site location.

[1] A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on site within 50 feet of its existing location.

[2] After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.

F. Co-location.

(1) The Borough of Northvale requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good-faith effort to co-locate with other carriers. Such good-faith effort includes:

(a) A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;

(b) Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the county;

(c) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location; and

(d) A copy of a proposed lease or affidavit of compliance with this section.

(2) In the event that co-location is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the Borough. The Borough may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Borough may deny approval to an applicant that has not demonstrated a good-faith effort to provide for co-location.

(3) If the applicant does intend to co-locate or to permit co-location, plans and elevations which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.

G. Location priorities. Wireless telecommunications facilities shall be located and approved in accordance with the following prioritized locations:

(1) The first priority shall be co-location on existing towers within the Borough, upon application and approval of the Northvale Zoning Board of Adjustment.

(2) The second priority shall be new towers on lands owned by the Borough of Northvale or other public entity or on lands within the LI Zone District.

(3) The third priority shall be an existing building in the LI-1, C-2 or C-3 Zone District.

(4) The fourth priority shall be new towers within the LI, LI-1, C-2 or C-3 Zone District.

(5) The fifth priority shall be new towers on lands owned by religious institutions or other nonprofit entities in the LI, LI-1, C-2 or C-3 Zone District.

H. Site plan submission requirements. In addition to the site plan submission requirements of § 159-3 and other applicable sections of Chapter 159, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:

(1) Comprehensive service plan. In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Borough of Northvale at the time full service is provided by the applicant throughout the Borough, the applicant shall submit a comprehensive service plan. Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the Borough, and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services within the Borough of Northvale. The comprehensive service plan shall indicate the following:

(a) Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Borough of Northvale.

(b) How the proposed location of the antennas relates to the location of any existing towers within and/or near the Borough of Northvale.

(c) How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Borough of Northvale by both the applicant and by other providers of telecommunications services within the Borough of Northvale.

(d) How the proposed location of the antennas relates to the objective of co-locating the antennas of different service carriers on the same tower.

(e) How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the Borough of Northvale while, at the same time, limiting the number of towers to the fewest possible.

(2) 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), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.

(3) A legal description of the entire tract and leased parcel (if applicable).

(4) The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.

(5) The separation distance from other towers and antennas.

(6) A landscape plan showing specific landscape materials, including but not limited to species type, size, spacing and existing vegetation to be removed or retained.

(7) The method of fencing and finished color and, if applicable, the method of camouflage.

(8) A description of compliance with all applicable federal, state or local laws.

(9) A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

(10) Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the Borough.

(11) A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in a form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.

(12) A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas, and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier, with review and approval by the Planning Board planning consultant, to ensure that various potential views are represented.

(13) An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:

(a) Take into consideration all co-located radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.

(b) Be performed by an RF engineer, health physicist or similar knowledgeable individual.

(c) Follow current methods recommended by the FCC for performing such analyses.

I. Monitoring and maintenance. The applicant and co-applicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include but shall not be limited to painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.

J. Abandonment or discontinuation of use.

(1) At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Borough Clerk by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.

(2) Upon abandonment or discontinuation of use, at the option of the Borough, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include but not limited to:

(a) Removal of antennas, mount, equipment shelters and security barriers for the subject property.

(b) Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.

(c) Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.

K. Severability. The various parts, subsections and clauses of this section are hereby declared to be severable. If any part, sentence, paragraph, subsection or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the reminder of this section shall not be affected thereby,

L. Repealer. Any ordinances or parts thereof in conflict with the provisions of this section are hereby repealed as to their inconsistencies only.

M. Effective date. This section shall take effect upon final passage and publication pursuant to law.

§ 200-15.2 Unlawful residential units.

[Added 10-11-2017 by Ord. No. 982-2017]

A. Definitions. For the purposes of this section, the following terms shall have the meanings indicated:

ILLEGAL DWELLING UNIT

(1) Dwelling unit shall mean one or more rooms occupied or intended for occupancy as a separate living quarters by one or more families, not common to the main residence and/or has only access from directly outside and/or has locked doors separating units. Dwelling unit is a separate area providing cooking, sleeping and sanitary facilities.

(2) An additional dwelling unit, within a single-family, for which no certificate of occupancy has been issued after 1965.

(3) Any additional dwelling units, within any structure prior to 1965, that legal documentation cannot be shown built as preexisting nonconforming or have a Board use variance per the Northvale Zoning Ordinance.

(4) A dwelling unit which is created without the necessary building, electric, plumbing or fire permits and approval after 1965.

(5) The landlord shall be deemed to be the owner in fee, irrespective of residency within the building, or any entity that owns or possesses property due foreclosure.

(6) Any other dwelling or rental unit which is in violation of any state, county or municipal statue, regulation and/or ordinance.

B. Rental or payment for use prohibited.

(1) No person shall charge, demand, receive or accept any rent or other payment for the use or occupancy of any residential premises within the Borough of Northvale which is used or occupied in violation of the Zoning Ordinance of the Borough of Northvale. Each such charge, demand, receipt or acceptance of such rent or other payment in violation hereof shall constitute a separate offense.

(2) No person, specifically including but not limited to those persons commonly known as "real estate agents," "brokers" or "salespersons," shall assist, aid or facilitate in the rental, sale, use or occupancy of any residential premises within the Borough of Northvale which is used or occupied or intended to be used or occupied in violation of the Zoning Ordinance of the Borough of Northvale. For purposes of this article, the acts of listing for rental or sale, advertising or otherwise offering for rent, lease or sale any residential premises within the Borough of Northvale which are used or occupied or intended to be used or occupied in violation of the Zoning Ordinance of the Borough of Northvale shall be deemed to constitute a violation of this article. Any person who is to receive a commission, profit or other form of remuneration or emolument as a result of a rental, lease or sale of residential premises shall have a duty to make reasonable written inquiry to determine whether or not the use or occupancy or intended use or occupancy is or will be in violation of the Zoning Ordinance of the Borough of Northvale.

C. Notification of occupants.

(1) The Zoning Official or designee shall issue a court summons, in violation of this section, to the owner of record, and an order to vacate shall be posted. Within 10 days following receipt of this notice to abate an unlawful occupancy in violation of the Zoning Ordinance of the Borough of Northvale or within 10 days following receipt of a summons for violation of this section or the Zoning Ordinance of the Borough of Northvale or prior to the institution of dispossess proceedings to correct an illegal occupancy, whichever first occurs, the owner of residential premises within the Borough of Northvale shall serve upon all of the unlawful occupants using or occupying said residential premises a copy of this section and shall post a copy of this section in a common area of the premises accessible to all the occupants thereof for inspection.

(2) Upon written notification or violation by the Zoning Official that the apartment is illegal, the landlord shall place all prospective and future rent in an interest-bearing escrow account until finalization of the municipal action. The landlord shall have an affirmative obligation to produce proof of this account to the Municipal Court Judge at summoned hearing.

(3) In addition, other action or violations may be issued to the landlord, as required, by the appropriate Borough officials in regard to the health, safety and welfare of the occupants.

D. Violations and penalties.

(1) Any person violating and convicted of any provision of this section shall be subject to a fine of not less than $1,000 or more than $2,000 or by imprisonment for a term not exceeding 90 days, or both, for each separate violation of same.

(2) In addition to requiring reimbursement from the owner-landlord of the structure for relocation assistance paid to a displaced tenant, and notwithstanding the provisions of Subsection A of this section, the Municipal Court may impose an additional fine for zoning or housing code violation for an illegal occupancy up to an amount equal to six times the monthly rental paid by the displaced person to be paid to the municipality by the owner-landlord of the structure pursuant to the provisions of N.J.S.A. 2A:18-61.1g(c). Notwithstanding the penalties provided above, a second or subsequent violation for an illegal occupancy as provided in this subsection by any owner-landlord for a second or subsequent violation, the Municipal Court may impose a fine equal to the annual tuition costs of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.). The Municipal Court and the Superior Court shall have jurisdiction of the proceedings for the enforcement of the penalty provided by this section. The tuition costs shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fines shall be remitted to the appropriate school district.

(3) In those instances where a violation of this section is based on the maintenance of residential dwelling units above the number of units permitted by the Zoning Ordinance on a particular parcel of land (e.g., the maintenance of a structure with two residential dwelling units in a zoning district where single-family homes are permitted), the defendant who is the owner of a property shall be required to permanently remove the kitchen, bathroom, bedroom, point of entrance/egress or any other offending illegal structure, appliance or fixture. The Borough Construction Official or his designee shall inspect the premises to insure that said removal is accomplished within 30 days of the date of the entry of the judgment of conviction by the Municipal Court.

E. Costs of moving to be borne by violator.

(1) Any tenant who receives a notice of eviction pursuant to the provisions of N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section.

(2) The Borough of Northvale may pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to Subsection A. All relocation assistance costs incurred by a municipality pursuant to this subsection shall be repaid by the owner-landlord of the structure to the municipality in the same manner as relocation costs are billed and collected under the provisions of N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2.

F. Restitution to Borough. The Mayor and Council hereby determines that the use and occupancy of illegal residential apartments, as set forth above, are detrimental to the general health, safety and welfare of the Borough, and that such illegal occupancies generate the utilization of Borough services, including fire, police, sanitation, public works and general administration, and further generate the use of motor vehicles which take parking spaces and create traffic, while escaping real estate taxation. The Borough finds this to be an unfair and inequitable situation. The Borough further determines that the harm and detriment to the Borough is difficult to measure and hereby determines that the most reasonable way to calculate the damage and detriment caused to the Borough by illegal occupancies is by calculating same as a percentage of the rental payment charged by the owner to the occupant on account of the illegal occupancy. The Borough determines that a percentage of 10% of the rent to be fair and reasonable as a measure of the damage and detriment caused to the Borough, and the Mayor and Council may authorize the Borough Attorney to recover from any person who charges, demands, receives or accepts rent or payment for such an illegal occupancy to make restitution to the Borough for the damage and detriment caused to the Borough during a period of illegal occupancy.

G. Findings and declarations. The Mayor and Council hereby finds and declares that there has been a proliferation of what are commonly known as "illegal apartments," meaning residential dwelling units which are occupied in violation of zoning laws. These illegal apartments manifest themselves as a second residential unit in a building in a one-family zone. The Mayor and Council hereby further find and declare that such illegal units have a deleterious effect on the quality of life of Borough residents, require the provision of Borough services, generate young people who attend Borough schools, increase the utilization of Borough programs and services, contribute to the costs of the Borough by increasing the generation of refuse (garbage) and sewer flow, contribute to overcrowding, generate traffic within the Borough, generate automobiles which contribute to parking shortages throughout the Borough and lead to the maintenance of dwelling units which often fail to meet health, safety and building code standards. By their nature, such units generally escape taxation as their maintenance and existence is normally hidden and not used for tax assessment purposes. The use and maintenance of said illegal apartments is also unfair to the vast majority of Borough residents who abide by zoning laws.

H. Declaration of policy. The Borough of Northvale hereby declares it to be the policy of the Borough to eliminate all illegal dwelling units within the Borough of Northvale and prevent them from reoccurring.