[Ord. No. 2-1979, § 17-1]
This chapter shall be known and may be cited as the Zoning Chapter of the Township of Weehawken.
[Ord. No. 2-1979, § 17-2]
The Township Council deems it necessary to encourage the appropriate use and development of all lands within the Township in a manner which will promote the public health, safety, morals and general welfare; to regulate the use, size and location of buildings and other structures as well as the size and location of yards and open spaces in relation to building; to provide for the uses of land in each district considering its peculiar suitability for particular uses and to encourage the most appropriate use of land; and to provide a zoning plan which is substantially consistent with the land use plan element of the adopted Master Plan of the Township. The following regulations are hereby established for the aforementioned purposes.
As used in this chapter:
All words in the present tense shall include the future tense; all words in the plural number shall include the singular number and all words in the singular number shall include the plural number unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "building" shall include the word "structure"; the word "lot" shall include the word "plot"; the word "used" shall be deemed to mean and include "designed, intended or arranged to be used"; the term "erected" shall be deemed also to include "constructed", "reconstructed", "altered", or "moved"; and the word "shall" is mandatory and not directory. The word "zone" includes the word "district", the word "Township" shall mean the "Township of Weehawken" in the County of Hudson, State of New Jersey. The terms "Township Council", "Board of Adjustment", "Planning Board", "Building Inspector" and "Administrative Officer" shall mean the respective boards and officers of the Township.
[Ord. No. 2-1979, § 17-3; Ord. No. 7-1983, § 1; Ord. No. 8-1984, § 2; Ord. No. 18-1984, § 9; Ord. No. 20-1984, § 4; Ord. No. 4-1986, § 4; Ord. No. 17-1986, §§ 1 — 3; Ord. No. 1-1987, § 1; Ord. No. 2-1987, § 1; Ord. No. 17-1987, §§ ; Ord. No. 9-1989, § 1; Ord. No. 13-1993, § 1; Ord. No. 23-1993, § 1; Ord. No. 1997-3, § 1]
As used in this chapter:
Housing made and kept "affordable" for "low income families" and "moderate income families". For purposes of this definition, the terms "affordable", "low income families" and "moderate income families" shall have the meanings ascribed thereto by the United States Department of Housing and Urban Development (HUD), or its successor agency.
Any establishment, room, or place where more than two coin-operated amusement devices are available to the public as defined in Chapter 4, Subsection 4-7.1. "Arcade" shall also mean any establishment, room, or place where more than two coin-operated devices are available to the public, and which derives more than 50% of its gross revenue in Weehawken, from coin-operated amusement devices.
Detailed architectural floor plans, elevations drawn to scale by a professional registered architect of the State of New Jersey. Sectional drawings, details, or perspective drawings might also be required as part of the architectural plans in special cases.
A person involved in the production of art, design, crafts, poetry, literature, creative writing, or the like, entirely within a dwelling unit in which the person resides, whether or not the person is also the owner thereof, and which production does not require or involve the hiring of any employees or assistants, does not constitute the conduct of a business or occupation in which the general public is invited onto the premises (except by appointment), and the conduct of which is not advertised by sign or any other means visible from the exterior of the building in which the dwelling unit is located. By way of example only, this definition includes, but is not limited to, persons involved in sculpture, creative writing, poetry, painting, sketching, calligraphy, the making of crafts, and similar endeavors.
A story partly underground and having more than 1/2 of its clear height above the finished grade. A basement shall not be considered a story for purposes of height measurement, in determining the permissible number of stories when used for incidental or accessory storage or for the housing of mechanical equipment.
That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, parking bounding, or waterway.
An area where two or more boats or similar waterborne conveyances are stored, sold, rented or repaired.
Any structure or edifice designed or intended for use as an enclosure, shelter, protection or support of persons, animals or property.
The total of areas taken on a horizontal plane at the largest level of the principal building and all accessory buildings, exclusive of the uncovered porches, terraces and steps.
A line parallel to the front lot line and removed from it by the depth of the required front yard.
A subordinate building, the use of which is customarily incidental to that of the main or principal building on the same lot.
A building having, on all sides, walls of solid construction.
A building in which is conducted the principal use of the lot on which it is situated.
A story partly underground and having more than 1/2 of its clear height below the finished grade. A cellar shall not be considered a story for purposes of height measurement in determining the permissible number of stories when such cellar is used for storage or the housing of mechanical equipment.
Premises or building reserved for the exclusive use of members of an organization and their guests for civic, charitable, social or recreational purposes not conducted for gain, provided there are no sales on the premises of any merchandise or service except to members raising for club purposes.
Any amusement machine or device operated by means of the insertion of a coin, token, or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. It shall include devices such as pinball machines or any device which utilizes a video tube to reproduce symbolic figures and line intended to be representative of real games or activities. "Coin-operated amusement device" does not include vending machines in which are not incorporated gaming or amusement features, nor does the term include any coin-operated mechanical musical device.
Every type of vehicle used for commercial purposes, such as transportation of goods, wares, merchandise and passengers excepting vehicles of the passenger car type and the type commonly known as station wagons, but including trailers, vans and construction equipment of every kind.
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
An application for development and shall be deemed to be "complete" when the Planning Board or Board of Adjustment takes an action to declare that all requirements for submission have been met and that all necessary documentation has been provided which is necessary for the Planning Board or Board of Adjustment to review and act on the application.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 23, Zoning, and upon the issuance of an authorization therefore by the Planning Board.
An open, unoccupied space on a lot, other than a yard, and not extending to a street or a front or rear yard.
An open, unoccupied space on a lot, other than a yard, and extending to a street or a front or rear yard.
That percentage of the lot area covered by the building area.
The mean level of the existing curb or of the lot at the street line.
Any ballroom, hall, area or other like place used for the purpose of social dancing, regardless of whether or not a fee or charge is made, either upon entering the premises or per dance. Nothing herein contained shall be construed to apply to the premises of a bona fide public, or parochial school, hotel, restaurant, tavern, civic center, religious, charitable, fraternal or veterans organization wherein dancing is conducted.
When referring to a seat on a mass transit facility, available solely for use by occupants of the planned development.
Developed open space that is dedicated to the Township of Weehawken or other appropriate governmental agency for the use and enjoyment of the public and that is designed and developed in accordance with the standards of this chapter in connection with the approval of a planned development.
Open space that is developed with physical facilities for recreation uses such as, but not limited to, tennis, swimming, running, volleyball, basketball, football, soccer, rugby, baseball, children's play, exercise, picnicking, bocce, horseshoes, shuffleboard, or board games.
Land which has been fully developed to permit maximum public access and enjoyment.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
When applied to a planned development, shall mean:
The land area and the horizontal area of all air rights in the proposed development including all land, piers and platforms existing at the time of application for preliminary approval of the planned development; and
The land area and the horizontal area of all air rights of land under water at the time of such application, provided that such land area and air rights shall be included in the development area only at such time as the land is to be filled, piered or platformed and thereafter; and
The land area of any protected body of water which the developer is required to create under governmental regulations governing the filling of land.
A vehicle in, upon or by which a person or property may be transported, which is in such state or condition that it is incapable of being operated under its own power, or is in such state or condition that, if operated it would constitute a hazard.
A building containing only dwelling units and permitted accessory uses; a dwelling is not deemed to include hotel, rooming house or other accommodations used or designed for transient occupancy.
A building or portion thereof designed for occupancy by one family and having living, cooking, sleeping, eating and sanitation facilities for its exclusive use.
A dwelling containing three or more dwelling units.
A dwelling containing one dwelling unit.
A dwelling containing two or dwelling units.
One or more persons related by blood, marriage or adoption, and foster children placed by the New Jersey Board of Child Welfare or a duly incorporated child care agency, living together as a single housekeeping unit; or a group of not more than three persons not necessarily related by blood or marriage living together as a single housekeeping unit.
A retail and food service area having a maximum floor area ratio of 0.08 measured over the development area and a building and parking area coverage of not more then 50% of the land area devoted to the festival marketplace. A festival marketplace may include, within its floor area, accessory family entertainment facilities such as, but not limited to, theaters, show areas, environmental learning and play spaces, or science exhibits.
A view corridor that is not less than 80 feet wide located, as nearly as may be practicable, so as to provide a view corridor from the center line of 51st Street in the Township projected across Boulevard east to the easterly right of way line of Boulevard East. This view corridor may include property, whether or not owned by the applicant for planned development approval, that is located in West New York provided that adequate provisions have been made by ordinance and/or site plan approval in West New York to preserve this view corridor.
A reference plane representing the average of finished ground level adjoining the building, at all exterior walls.
When applied to a determination of the required parking in any district, shall mean the gross floor area of spaces devoted to each use for which a parking determination is required by this chapter, but shall not include mechanical equipment space and floor space devoted to required parking places and the circulation therefor.
When applied to a planned development, shall mean the sum of the gross areas of the floors of the buildings within the planned development, except that floor area shall not include mechanical equipment space and floor space devoted to required parking places and the circulation therefor.
The total floor area of the planned development divided by the development area, except as otherwise specifically provided in this chapter.
The total of all floor space within a building, including walls, cellar, basement and any portion of an attic with a floor and measuring at least six feet in height.
The area of that portion of the building projected to the ground.
An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use for four or less vehicles.
A building or part thereof, used for auto body work, auto body spray painting and auto body welding.
A building, or part thereof, other than an accessory or auto body or repair garage, used for the parking of passenger vehicles and which may include servicing of the vehicles as an incidental use if conducted within the structure.
A building or part thereof, other than an accessory or parking garage, used for the storage, care or repair of motor vehicles, including the sale of fuel and lubricants, but not including auto body work, welding or spray painting.
The number of dwelling units per acre of a portion of a planned development devoted to residences and appurtenant parking and recreation areas required by this chapter and including any access streets or drives used for access to the residential uses only.
The vertical distance in the case of flat roofs to the level of the highest point of the roof and in the case of pitched roofs to the mean level between the eaves and the highest point of the roof, measured from the average finished grade level at the perimeter of the building or court. A space under a sloping roof shall be counted as a story if it is used for any purpose other than storage or mechanical equipment.
A port, with accessory service and passenger facilities, for one or more helicopters.
A landing pad for a single helicopter.
A building at least five stories in height containing dwelling units and such accessory uses as are permitted herein.
An occupation or profession which is conducted as an accessory use entirely within the dwelling unit of a one- or two-family dwelling by one or more members of the family residing in the dwelling unit. Such home occupation:
Must be clearly secondary and incidental to the use of the one or two family dwelling for residential purposes;
Must not change the character of the one or two family dwelling; and
Must not have any exterior evidence of the occupation or profession except a sign permitted by Subsection 23-12.1, paragraph g.
By way of example only, this definition includes, but is not limited to, occupations or professions such as doctors, dentists, chiropractors, attorneys, architects, photographers, dressmakers, music instructors and tutors. "Artists", as herein defined, shall not be deemed to be conducting "Home Occupations" provided that all regulations of this chapter pertaining to such Artists are met. |
A building containing both:
The use of more than 100 square feet of the area of any lot for the storage, keeping, placing, collecting, storing or abandoning any waste or discarded materials obtained from dismantled buildings, old iron, or other metal or substance, glass, paper, machine parts, accessories, discarded machines in whole or in part, motor vehicles not in operating condition, used parts of motor vehicles and any material acquired or collected commercially and commonly known as junk in the ordinary meaning of the word, or any of the above items.
The property line dividing Block 36D from Block 34C as shown on Sheet 2 of the Weehawken Tax Map, revised December 11, 1969.
A land or building area covered with soil, gravel, unit pavers or other pervious material and planted with live grass, shrubs, trees or other plant material. No landscaping covered or completely enclosed by the walls of a structure, such as but not limited to, an atrium, shall qualify as a landscaped area. A landscaped area may contain pools, fountains, sculptures or other similar facilities, provided that such elements meet the requirements of this chapter governing height.
Any off-street space not less than 10 feet wide and 25 feet long, surfaced to be available in all weather, suitable for the loading or unloading of goods and having direct access to a street or alley.
A parcel of land under common ownership which is occupied or can be occupied by a building and its accessory buildings or by a group of buildings having any yard or court in common and the building accessory to such group, together with the open space appurtenant to such building or group, or which is used for the storage of goods and wares or their display or sale regardless of whether or not the boundaries of such parcel coincide with the boundaries of lots or parcels as shown on any map of record.
That portion of a lot covered by the largest floor area of all structures, both principal and accessory.
The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
The narrower side of the lot abutting a street, regardless of the location of the principal entrance of a building thereon. Where two lot lines abutting streets are of equal width, the owner shall have a choice in designating which shall be the lot frontage.
A line bounding a lot as defined herein.
The street line of a lot.
The lot line which is most distant from and most nearly parallel to the front lot line.
An any lot line which is not a front or rear lot line.
The mean width of a lot measured at right angles to its depth, at the building setback line.
A lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°.
A lot other than a corner lot.
A lot abutting on two parallel or approximately parallel streets.
Facilities for the transportation of people other than by private automobile including, but not limited to, buses, rail transport, water transport.
Any portable or mobile structure or vehicle used as a dwelling unit or for sleeping purposes whether or not such vehicle or structure is attached to a foundation.
A building or group of buildings used primarily to provide overnight shelter for pay for transient guests.
An area of land including structures thereon that is used for the retail sale of gasoline to motor vehicles or for the service, repair or washing of motor vehicles or for any combination of the above.
An imaginary plane bounded:
On the west by a line which is elevated five feet above the elevation, measured from sea level, of the westerly boundary of the Planned Development District beginning at the southwest corner of Lot 17 in Block 36C and extending to the easterly prolongation of the center line of Cooper Place; and
Bounded on the east by the center line of the Hudson River at mean low water.
Block 64, Lot 10 on the tax may of the Township of Weehawken as it exists on the date of adoption of this ordinance,[1] which is dedicated and maintained by the Township as a public park.
A plane defined by the Old Glory Park Viewing Point and the following two lines:
A line having a bearing of South 2 degrees 52 minutes West using the datum of the "Weehawken Quadrangle, New Jersey-New York" published by the U.S. Department of the Interior, Geological Survey, and having a vertical angle from the Old Glory Park Viewing Point of 90 degrees, 30 minutes 15 seconds; and
A line having a bearing of South 13 degrees 21 minutes West using the datum of the "Weehawken Quadrangle, New Jersey-New York" published by the U.S. Department of the Interior, Geological Survey, and having a vertical angle from the Old Glory Viewing Point of 90 degrees, 30 minutes 15 seconds.
The Old Glory Park harbor view plane is geographically shown on a plan entitled "Sketch of Old Glory Park View Study" dated July 11, 1994 prepared by Alfred N. Faraldi Group, PC which is on file with the Township Clerk. |
That view of the New York Skyline and portion of the Hudson River from the Old Glory Park Viewing Point that is bounded on the north by the center line of West 58th Street, New York projected westerly to the easterly shoreline of the Hudson River and on the south by the tip of Manhattan Island.
A view corridor that is not less than 100 feet wide located, as nearly as may be practicable, so as to provide a view corridor from the Old Glory Park Viewing Point. This view corridor may be oriented and calculated at an angle other than orthogonal to the pierhead line of the Hudson River line provided that in no event shall this view corridor be oriented at an angle that is greater than 30 degrees southerly from the orthogonal to the pierhead line as viewed from Old Glory Park.
That point which is five feet, five inches above a point in the surface of Old Glory Park having coordinates North 709,300 and East 2,180,700 as shown on the map entitled "Weehawken Quadrangle, New Jersey-New York" published by the U.S. Department of the Interior, Geological Survey.
The storage of parts or supplies at an outdoor location as an accessory use to a commercial or industrial establishment, but not including any waste material, dismantled parts, discarded machinery or motor vehicles not in operating condition.
An imaginary horizontal plane passing through a point at the lowest elevation of the western boundary of the Planned Development District adjacent to the portion of the planned development for which a determination is required. The Palisades Plane shall apply only to land lying north of Cooper Place. All measurements shall be made from sea level.
An area where vehicles may be stored for the purpose of short-term, daily or overnight off-street parking.
An off-street space:
A seat on a mass transit facility available in the sixty-minute period (the 'peak hour') occurring in each 24 hours during which the greatest number of people can be expected to enter or leave the planned development. If a mass transit facility is capable of making more than one round trip in a peak hour the number of peak hour seats on such mass transit facility shall be determined by multiplying the number of seats thereon by the number of round trips which the facility is capable of making in the peak hour. Determinations of the number of seats, the number of round trips and the peak hour shall be made in accordance with accepted traffic engineering principles.
A criterion established to control noise, air or water pollution, vibration, fire and explosion hazards, glare, heat or other condition harmful to the health, safety and comfort of humans, animals and plants which such conditions are generated by or inherent in uses of land or buildings.
Meeting hall, club house, auditorium, church, synagogue, or other structure or portion of a structure, accommodating 25 or more persons and used at regular or periodic intervals as a gathering place for purposes of conference, deliberation, worship, entertainment, amusement, recreation or education, or performance of social, athletic, or cultural programs.
When used in relation to a planned development, the provisions for development of a planned development including a plat of subdivision all covenants relating to use, location and bulk of structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities. The phrase, "provisions of the plan" shall mean the written and graphic materials related to in this definition.
An area of minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of non-residential uses to residential uses as shall be specified in Chapter 23, Zoning.
An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.
Open space that is contiguous to the required waterfront walkway and that is appropriately designed and developed in a manner that will provide significant opportunity for passive enjoyment of the openness of the waterfront environment. No open space that is required, by this chapter or any other governmental regulation, to be part of the waterfront walkway described in Subsection 23.10-4, paragraph a5, shall be deemed to be quality passive open space.
Parking facilities located outside the Township but connected to a planned development by mass transit facilities.
A building for experimentation in pure or applied scientific or engineering theory or design or development of prototype machines or devices, or of new products and processing and fabricating incidental thereto, provided that:
Any manufacturer shall be subjected to the applicable performance standards.
No commercial servicing or repair of commercial products shall be performed.
No materials or products for sale shall be permitted other than models or samples directly related to the permitted research or development.
An establishment serving food and/or beverages for consumption within the building in which the food is prepared.
An establishment serving food to persons outside the building in which the food is prepared and/or providing tables, benches or automobile parking space where food may be eaten outside such building.
A structure or portion of a building that extends above the roof of a building. Such Rooftop Structure shall include, but not be limited to, chimneys, church spires, belfries, standpipes, water towers, flag poles, elevators, radio or television aerials, satellite antennas (as otherwise defined in this chapter), skylights, ventilators, clocktowers, cupolas, water tanks or similar structures or mechanical appurtenances.
Any building or portion thereof or any single dwelling unit containing sleeping accommodations for three or more persons who are not members of the family, as defined in the chapter, occupying the building, portion thereof or single dwelling unit. The term "rooming house" shall be deemed to include lodging house and boarding house, but not hotel or other accommodations used for more or less transient occupancy.
Any apparatus which is designed or used for the purpose of receiving or transmitting television, radio, microwave or other similar signals between the Satellite Antenna and a space satellite but does not include conventional television, radio and amateur radio antenna.
A school limited to special instructions such as a business, art, music, trades, handicraft, dancing or riding.
An elementary or intermediate school other than a parochial school, giving regular instruction capable of meeting the requirements of State compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds.
"Mean low water" as determined by the United States Coast and Geodetic Survey.
A person 62 years of age or older or handicapped.
A business establishment conducted to render a personal or business service including shoe repair shops, dry cleaning shops, laundries or conducted to render a household service including the repair of watches, clocks, locks, furniture, radios, television sets and other household appliances, but not including the repair of furnaces and boilers, refrigerators, air conditioners and other articles of similar bulk and weight.
Any lot or premises used for a business, the primary purpose of which is the transfer and shipping of goods and/or materials.
Any structure or part thereof or device attached thereto or painted on or displayed in any manner or represented thereon which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purposes of this chapter, the word "sign" shall include "billboard" but shall not include flag, pennant or insignia of any nation, state, or other political unit, or of any political, educational, charitable, philanthropic, civic, professional or religious organization.
ADVERTISING SIGNAny sign (other than an identification/directional sign) which calls attention to a commercial or noncommercial activity, service, commodity, or entertainment conducted, sold or offered at a site other than on the premises where the sign is located. Billboards shall be considered advertising signs and classified as either Ground signs or roof signs.
AWNING SIGNA sign which is painted, stamped, perforated, stitched or otherwise displayed on an awning, canopy or marquee.
BUSINESS SIGNA sign which directs attention to a business, profession, commodity or service conducted, sold, or offered on the premises where the sign is located and which sign shall be deemed an integral part of that profession, office, business, commercial enterprise or industry. A business sign may take the form of text, graphics, a logo, or other readily recognizable symbol.
CONSTRUCTION SIGNA temporary sign erected on a construction site by the owner of the site to identify the owner, the name of the project, the financing source and the names of the general contractor, subcontractor, architect, developer and/or engineer, or to identify the location for delivery of construction materials.
DESIGNATION SIGNA sign which identifies a residential building or the occupant of the residential building by name or street number.
Within a planned development, a permanent sign which identifies and/or provides direction to a number of business establishments, services, or other occupants or uses in the planned development; and
Outside a planned development, a permanent sign which identifies and/or provides direction to a number of business establishments, services, or other occupants or uses located within a single structure or upon a single lot.
GROUND SIGNAny sign supported by uprights or braces or placed upon the ground, and not attached to any building.
IDENTIFICATION/DIRECTIONAL SIGNA sign containing only the name and/or address of a business, occupant, development or establishment, and information designed to help visitors and employees navigate to the location of the establishment or on or through the site on which the establishment is located.
PATHFINDER SIGNA temporary identification/directional sign.
ILLUMINATED SIGNA sign which is lighted in any manner by an artificial light source.
MOVING SIGNAny sign which flashes on or off, blinks with varying light intensity, moves or gives the impression of movement, or revolves.
POLITICAL SIGNA temporary sign advancing the candidacy of any candidate or group of candidates for public office or pertaining to a public question listed on the ballot of a particular election, expressly excluding, however, such signs posted or displayed on existing advertising signs by or with the consent of the owner thereof, and any such signs posted or displayed on licensed motor vehicles in operating condition.
PORTABLE SIGNAny sign not affixed to a building or other structure or to the ground.
PROJECTING SIGNAny sign other than a wall sign, awning sign or roof sign which is attached to a building perpendicular to the building facade to which it is affixed.
PROMOTIONAL SIGNA temporary sign which directs attention to a business, commodity, service or event conducted or sold at a location other than the premises on which the sign is located or to which the sign is affixed. Promotional signs shall not include real estate signs.
REAL ESTATE SIGNA temporary sign advertising the sale, rental or lease of the premises on which the sign is displayed.
ROOF SIGNAny sign erected, constructed and maintained upon or over the roof of any building with the principal support of the roof structure.
SPECIAL SIGNAGEAll signs in a planned development in the Planned Development District which, by virtue of their nature, location, or unusual requirements, cannot be anticipated and subjected to detailed design standards and which are proposed in connection with a specific site plan or planned development application.
SPECIAL VIEW AREAThat portion of the Township lying (a) east of the center line of Boulevard East from the northerly boundary of the Township to its intersection with the center line of Hamilton Avenue; and (b) east of the center line of Hamilton Avenue.
TEMPORARY SIGNA sign intended for display during a limited period of time which shall, in each particular case, be before and after a specific event or occurrence.
TRAFFIC SIGNA necessary traffic control sign located adjacent to or painted on roadways for purposes of traffic safety.
WALL SIGNA sign which is painted, attached or affixed to the front, rear or side wall of a building and which does not extend above or beyond the face of the wall to which it is attached.
WINDOW SIGNA sign which is painted on or affixed to a window and which is visible from outside the building.
The area, including the background, within the frame or border which forms the outer limits of the sign display. Where individual letters, numbers, symbols, or other devices form the display without a background, the sign area shall be deemed to be the area within the smallest rectangle enclosing such display. The area of double-sided signs shall be calculated on the basis of one side only, so long as the perimeter of both sides coincide and are parallel.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping structures and signs, lighting, screening devices; and
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board or Board of Adjustment.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. In a structure having floors that do not extend across the entire length and width of the structure at one height, commonly known as split-level design, the number of stories shall be determined by counting the number of floors directly over each other at that side or end of the building having the greater number of floors or levels.
That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road or any other thoroughfare. A street as used herein includes in its width the entire right-of-way.
A lot line coinciding with the boundary line of a street right-of-way.
Any change in or addition to the supporting members of a structure.
Any combination of materials forming any construction, the use of which requires location on the ground or attachment to something having location on the ground except that:
Any area adjacent to a dwelling improved by pavement or other construction material to be used for outdoor dining or other recreational purposes commonly known as a "patio" provided that the surface of said improved area shall be not more than 18 inches above the ground level and that the improved area shall be without walls or railings of any kind and without a roof, canopy and other, similar permanently fixed coverages; and
Any permanently surfaced walkway or driveway installed at ground level shall not be deemed to be a "structure" within the meaning of that term as used in this chapter.
A building used as a departmentalized, usually self service, retail market of a chain store or system or an independent selling foods and other household merchandise and which contains a gross floor area of 4,000 or more square feet.
A dwelling unit having no less than two stories and a common or party wall with an adjacent unit.
The same as "Shipping Terminal".
The specific purpose for which land or a building is designed, intended, occupied or maintained.
A use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.
A use or structure in conflict with the provisions of this chapter which regulate the types of use permitted in the various zones and existing as a legal use by virtue of establishment prior to the institution of Chapter 23, Zoning, and the Zoning Map.
The primary purpose for which land or building is designed, arranged, intended, or for which it is or may be occupied or maintained.
Any area where two or more vehicles in operating condition are offered for sale or are displayed other than within a completely enclosed structure.
A space unobstructed (except as provided herein) from the ground to the sky. A view corridor may contain a street, sidewalks, landscaping elements and other street fixtures such as, but not limited to, street lights, directional signs, and fire hydrants. In addition, a view corridor may contain parking or other structures provided that the roofs of the structures are landscaped areas, are not higher than 50 feet above sea level, and do not block the Weehawken view of the shoreline.
An imaginary line that is five feet above that portion of the westerly boundary of the Planned Development District which extends from the southwest corner of Lot 17 in Block 36C to the northerly boundary of the Township.
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest point of the building.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest point of the building.
A yard between the side line of the lot and the nearest point of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot line, as may be.
[1]
Editor's Note: Ordinance No. 3-1997 was adopted February 13, 1997.
[Ord. No. 2-1979, § 17-4.1; Ord. No. 18-1980; Ord. No. 2-2003, § 1; Ord. No. 3-2003, § 1]
The Township is hereby divided into the following zones and special districts:
R-1 | One Family Residence Zone |
R-2 | One, Two and Three Family Residence Zone |
R-3 | One, Two and Three Family Residence Zone including Townhouses |
R-4 | Multi-Family Residence Zone |
RA-1 | One, Two and Three Family Residence Zone |
R/B-1 | Multi-Family with Business Zone |
R/B-2 | High Rise Multi-Family with Business Zone |
B-2 | Outdoor Recreation Zone |
B-3 | Office Park Zone |
I | Industrial Park Zone |
I/O | Industrial and Office Zone |
PD | Planned Development District |
SW | Special Waterfront Zone |
B-1 | Shopping Center Business |
(Editor's Note: Redevelopment Plan Ordinances may be found in Appendix D of the Code.) |
[Ord. No. 2-1979, § 17-4.2; Ord. No. 18-1980; Ord. No. 13-1982, § 1; Ord. No. 12-1986, § 1; Ord. No. 2-2003, § 1]
The map entitled "Zoning Map, Township of Weehawken," dated January, 1979 and revised through July, 1984, and designating the above zones is hereby made a part of this chapter with the following exception:
a.
The zone designated as R-4 and bounded on the south by the City of Hoboken, on the west by Union City and on the east by the center line of Willow Avenue, is hereby designated as "R-3 One, Two and Three-family Residence Zone including Townhouses."
b.
There is hereby established the RA-1 Zone as delineated on the attached "Exhibit A" entitled "Proposed RA-1 Zone."[2]
No building or premises shall hereafter be erected or used for any purpose other than a purpose permitted in the zone in which the building or premises is located, and no building shall hereafter be erected except in accordance with the regulations prescribed for the zone in which the building is located.
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Ord. No. 2-1979, § 17-4.3; Ord. No. 17-1986, § 17-4.3; Ord. No. 17-1987, § 1]
The Zone boundaries shall be either street center lines, bulkhead or pierhead lines, or property lines, except where otherwise indicated by a dimension shown on the Zoning Map. The Planned Development District boundary line shall follow the property lines; in the case where the PD District boundary is shown adjacent to a zone boundary line, the PD District boundary is intended to be along the same property line as the zone boundary. To the extent that the zone boundary line of the B-2 Outdoor Recreation Zone is defined by the west boundary of the Conrail Right of Way, the zone boundary is the westerly boundary of such Conrail right of way as shown on the map entitled "Weehawken Zoning Map" dated July 2, 1984. Questions arising from the application or interpretation of this section shall be decided by appeal to the Board of Adjustment or Planning Board in accordance with N.J.S.A. 40:55D-70 of the Municipal Land Use Law.
[Ord. No. 2-1979, § 17-5.1; Ord. No. 7-1983, § 2; Ord. No. 17-1998, § 1]
a.
Permitted uses.
1.
The following uses are permitted in all zones
(a)
Parks and playgrounds open to the public without charge together with recreational, administrative and service buildings appurtenant thereto.
(b)
Uses of land and buildings by the Township for government purpose.
(c)
Any outdoor agricultural use not involving the raising or keeping of animals, provided that no storage or use of odor or dust producing substance be permitted within 100 feet of any property line.
(d)
Fences, walls and hedges as regulated by this chapter.
(e)
Accessory buildings customarily incidental to the above uses.
2.
Medical Cannabis Alternative Treatment Centers.
[Added 6-23-2021 by Ord. No. 9-2021]
(a)
Within the B-1 (Shopping Center Business) and SW (Special Waterfront) Districts, a duly licensed Medical Cannabis Alternative Treatment Center may be established and operate within the Township of Weehawken, so long as such center(s) are authorized by, and operate in full compliance with the "Jake Honig Compassionate Use Medical Cannabis Act," P. L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
(b)
Within the R/B-1 (Multi-Family with Business) and R/B-2 (High Rise Multi-Family with Business) Districts of the Township of Weehawken, a duly licensed Medical Cannabis/Marijuana Dispensary may be established and operate, so long as such dispensary(ies) are authorized by, and operate in full compliance with, all applicable New Jersey State laws, rules and regulations.
b.
Uses prohibited. The following uses are prohibited in all zone districts (except as specifically noted) throughout the Township of Weehawken:
1.
All classes of cannabis establishments, all cannabis distributors and all cannabis delivery services, as said terms are defined in Section 3 of P.L. 2021, c. 16, except as follows:
[Amended 2-28-2018 by Ord. No. 03-2018; 6-23-2021 by Ord. No. 9-2021]
(a)
A cannabis delivery service, duly licensed by another jurisdiction and lawfully operating from such location outside the Township of Weehawken, may transport and/or deliver cannabis items and related supplies within the Township of Weehawken if and as may be permitted under the terms and provisions of its said license.
c.
Uses prohibited in the residence districts (R-1, R-2, R-3, R-4, R/B-1 and R/B-2 Zones). No rooftop shall be used for dwelling purposes or for purposes accessory to a dwelling (such as, but not limited to, a sundeck, a dining facility or any other similar purpose). No rooftop structure shall be used for a greenhouse, as part of the living area of a dwelling unit, or for any other similar purpose.
d.
Conditional uses. The following use(s) listed in this Subsection 23-5.1d are not permitted by right in any district and possess characteristics of a nature such as to require special review and the application of special standards before being permitted, in order to assure an orderly and harmonious arrangement of land uses in the district and in the community. Such uses may be permitted conditionally, only upon issuance of a special use permit by the Weehawken Planning Board, after public hearing.
[Added 2-28-2018 by Ord. No. 03-2018]
1.
Arcades.
(a)
Arcades may be permitted only as a conditional use, upon issuance of a special use permit.
(1)
Before a special use permit is issued, the appropriate Board shall find that the proposed use:
(i)
Will be properly located in regard to transportation, water supply, waste disposal, fire protection and other facilities;
(ii)
Will not create undue traffic congestion or traffic hazard;
(iii)
Will not adversely affect the value of property, character of the neighborhood or the pattern of development;
(iv)
Will encourage an appropriate use of land consistent with the needs of the Township; and
(v)
Will not impair the public health, safety or welfare and will be reasonably necessary for the public health or general welfare and interest.
(2)
Before any special use permit is issued, the appropriate Board shall determine that all applicable requirements of this chapter have been met and may impose any additional requirements to assure that the proposed use will be in harmony with the character of the district and will not materially impair the use or value of adjacent properties. Before imposing such conditions, the Board shall consider the following:
(i)
Location and intensity of use;
(ii)
Location and height of buildings;
(iii)
Traffic access and circulation;
(iv)
Location and extent of parking and loading areas;
(v)
Location, extent and types of exterior artificial lighting devices and advertising devices;
(vi)
Landscaping, screening and fencing; and
(vii)
Probable extent of noise, vibration, smoke, dust or other adverse influences as compared to similar influences incident to unconditionally permitted uses in the district.
(3)
The Board may impose a limit on hours of operation upon a finding that such limit is necessary to the conditions set forth in this section.
(b)
Time limit. No special use permit for any coin-operated amusement device(s) shall be granted for a period longer than two years.
(c)
Literal enforcement.
(1)
The Planning Board, upon a showing of good cause, may, at the time it grants a special use permit for any coin-operated amusement device, modify or delete any condition otherwise required by this section if it finds that the condition imposes an undue hardship upon the applicant and the requirement is, as applied to the proposed business location, unnecessary for the protection of the health, safety or welfare of the public, the patrons of the establishment or surrounding residences or businesses.
(2)
The Planning Board may impose any additional conditions upon the granting of any such special use permit which it determines are necessary or desirable to effectuate the purposes set forth in this section.
(d)
Review. Conditional uses as may be permitted by special use permit shall be subject to site plan and architectural plan reviews and approved by the Planning Board, subject to the requirements of the Weehawken Planning Board review regulations.
(e)
Space requirements.
(1)
Site area. Site areas shall be adequate to provide for access, egress and off-street parking, landscaping and buffering as required under the respective subparagraphs following.
(2)
Floor area. The minimum floor area for coin-operated amusement devices, in order to avoid overcrowding, shall be a minimum width of two feet provided between each machine where the machine is designed for the use of one player and 3 1/2 feet where the machine is designed for use by two players. The depth of the space in front of the machine shall be at least five feet, and there shall be a minimum aisle beyond this five-foot space of an additional three feet. Fire Underwriters' Code requirements shall also be complied with.
(f)
Parking. There shall be one additional on-site, off-street parking space provided for every two coin-operated amusement devices in addition to that which may otherwise be required.
(1)
To eliminate any obstruction of the public sidewalk and entryway to the facility, a special area shall be set aside and designated for bicycle parking, where bicycle racks shall be provided.
(2)
Bicycle racks shall be provided within 25 feet of any game area and must provide a total of at least one bicycle stall for every two coin-operated amusement devices located within the arcade. Bicycle racks shall not be located in any required landscaped areas, entrances, exits, walkways to buildings, driveways, within any legally required parking spaces, public way, or in such a fashion as to obstruct any entrance or exit to any premises.
(g)
Restrooms. Whenever coin-operated amusement devices exceed, in any one establishment, two in number, the minimum restroom facilities shall consist of two toilet and lavatory facilities accessible to customers.
(h)
Signs. Readily visible signs shall be installed, with their location, size, and text shown in the plans submitted to the Planning Board, indicating that the use of coin-operated amusement devices by persons under 16 years of age shall not be permitted during normal school hours; and where the premises are used primarily for the serving or consumption of liquor, that the use of amusement machines by persons under the age of 19 is prohibited at all times.
(i)
Noise. The arcade shall be designed and/or laid out so that no sound from any game machines shall be discernible in any adjacent premises.
(j)
Hours of operation. Hours of operation shall be between the hours of 9:00 a.m. and 10:00 p.m. and shall not be operated between the hours of 10:00 p.m. and 9:00 a.m.
(k)
Age limit. No persons under the age of 16 years shall be permitted on the premises of coin-operated device before the hour of 4:00 p.m. on any day the Weehawken public schools are in session unless accompanied by a parent or legal guardian.
(l)
Code requirements. No site plan approval shall be granted an establishment housing one or more coin-operated amusement devices unless the licensed premises shall meet all requirements of the fire, housing, building, sanitary, and electrical and plumbing requirements of the Township.
(m)
Revocation of site plan approval or license. Any site plan approval and/or license granted under this chapter may be revoked, in accordance with due process of law, for any of the following reasons:
(1)
The violation of any of the provisions of this chapter.
(2)
The violation of any law, ordinance, rule or regulation of any governmental officer, agency or department governing or applicable to the maintenance or conduct of the premises upon which such device is located.
(3)
Upon conviction of the licensee, holder of a license, or any person in responsible charge of the premises, of a crime.
(4)
Upon the recommendation of the Director of Public Safety in writing, stating the reasons therefor.
(5)
Otherwise, if for cause.
[Ord. No. 2-1979, § 17-5.2; Ord. No. 1-1987, § 3&4]
b.
Permitted accessory uses. The following uses only are permitted as accessory uses:
1.
Carport or attached or detached garage or any combination of the same provided that total garage and carport space provides space for not more than three permitted vehicles. Not more than one garage space may be rented for the storage of one private passenger automobile used by persons not residing on the premises.
2.
Toolshed, playhouse, private greenhouse, covered patio and similar outbuildings.
3.
Flag pole, play equipment, statuary and similar structures customarily incidental to residential use.
4.
Private outdoor swimming pool for the use of the occupants of the dwelling and guests subject to Chapter 13, Swimming Pools, as it may be amended. If an outdoor pool is covered by a dome or other structure, the setback and other requirements for accessory buildings shall apply.
5.
The provision of sleeping accommodations for hire for not more than two persons not a member of the family as defined by this chapter. Such persons may eat on the premises but shall not use separate cooking facilities.
6.
A home occupation as defined by this chapter, provided that:
(a)
Only one home occupation shall be permitted in a dwelling unit;
(b)
Not more than 25% of the first floor living area, nor more than 10% of the total living area of the dwelling unit shall be used for the conduct of such home occupation;
(c)
The home occupation shall not be open to the public earlier than 8:00 a.m. or later than 9:00 p.m., on weekdays, and shall not be open to the public on Saturdays or Sundays;
(d)
No accessory building shall be used for, or in connection with, the conduct of the home occupation;
(e)
Not more than three employees shall be permitted in the operation of the home occupation;
(f)
There shall be no exterior evidence of the home occupation, except for a sign meeting the requirements of Subsection 23-12.1;
(g)
Before any home occupation is commenced, the person conducting such occupation shall have obtained any and all necessary governmental approvals, permits and licenses, including, but not limited to building, fire, safety and health approvals;
(h)
No services may be performed upon the person except by a licensed medical professional; and
(i)
No services to animals may be performed.
7.
Use of a dwelling unit by an artist, as defined in this chapter, as the principal place for the production of art work, crafts or literature, as an accessory use which is clearly secondary and incidental to the use of the dwelling for residential purposes and which does not change the character thereof and does not cause a disturbance to surrounding property owners or tenants.
[Ord. No. 2-1979, § 17-53]
c.
Conditional uses. Hospitals, museums, houses of worship, libraries and non-profit schools for nursery, primary or secondary education are permitted as conditional uses provided the following standards are met:
1.
Minimum lot size: 5,000 square feet.
2.
Minimum distance from outdoor play or sitting area to lot line: 10 feet.
3.
Other yard and bulk restrictions: Same as for R-1 Zone.
4.
Any parking area for six or more cars shall be provided with an evergreen hedge or decorative fence at least five feet in height, designed to screen the view of the parking area from adjacent properties and from the street.
5.
Any outdoor play or sitting area shall be provided with an evergreen hedge or decorative fence at least five feet in height, designed to screen the view of such area from adjacent properties and from the street.
[Ord. No. 2-1979, § 17-5.4]
a.
Permitted principal uses. The following uses only are permitted as principal uses:
1.
Uses permitted as principal uses in the R-2 Zone, provided that Site Plan Approval shall be required for any attached dwelling pursuant to the Municipal Land Use Law.
2.
Townhouses as defined by this chapter subject to the following provisions:
(a)
No townhouse unit shall be less than 18 feet wide measured to the center lines of its enclosing walls.
(b)
Each group of attached townhouses shall have provided on the same site a landscaped open area, not occupied by parking area or driveways, equivalent to at least 400 square feet per dwelling unit, with a minimum area of 1,600 square feet.
(c)
The total area covered by parking areas and driveways shall equal not more than 25% of the lot on which any group of townhouses is situated.
(d)
Two off-street parking spaces shall be provided for each unit, one of which shall be in a garage. The off-street space for each unit may be the driveway in front of the garage for that unit, provided that such driveway shall not exceed nine feet in width, nor be less than 20 feet in length.
(e)
No more than two contiguous dwelling units shall have a continuous front wall facade. Off-sets breaking the facade shall be set back or forward at least two feet from the adjacent front wall.
(f)
Site Plan Approval shall be required for any attached dwelling, pursuant to the Municipal Land Use Law.
3.
Clubs as defined by this chapter.
b.
Permitted accessory uses. Uses permitted as accessory uses in the R-2 Zone are permitted.
c.
Conditional uses. Conditional uses as permitted in the R-2 Zone are permitted under the same conditions.
[Ord. No. 2-1979, § 17-5.5]
a.
Principal uses. The following uses only are permitted as principal uses.
1.
Uses permitted as principal uses in the R-3 Zone.
2.
Multi-family dwellings as defined in this chapter provided that the following requirements are met:
(a)
There shall be no parking between the front of the building and the street in developments of more than six units.
(b)
There shall be provided on the same lot a landscaped open area, not occupied by parking areas or driveways, equivalent to at least 200 square feet per dwelling unit, at least 30% of which shall have a minimum width of 20 feet.
(c)
Parking lots and driveways shall cover not more than 45% of the lot area.
(d)
All lot areas not covered by buildings, parking areas, driveways and walkways shall be landscaped with plant material.
b.
Permitted accessory uses. Accessory uses as permitted in the R-2 Zone are permitted, plus buildings or enclosures for waste and garbage containers.
c.
Conditional uses. Conditional uses as permitted in the R-2 Zone are permitted under the same conditions except that minimum side yard and maximum height requirements shall be the same as for the R-4 Zone, and except that screening is not required for parking areas to the rear or side of the building.
[Ord. No. 2-1979, § 17-5.6]
a.
Permitted principal uses. The following uses only are permitted as principal uses provided they conform to the performance standards set forth in § 23-8 of this chapter:
1.
Uses permitted as principal uses in the R-4 Zone.
2.
Retail stores selling personal and household goods but excluding the sale of building material, plumbing supplies, motor vehicles or boats.
3.
Personal and household service establishments as defined by this chapter, but excluding drive-in windows or facilities.
4.
Financial institutions, but excluding drive-in windows or facilities.
5.
Restaurants excluding drive-in restaurants.
6.
Offices and business service establishments.
7.
Printing establishments provided that no individual motor exceeds 10 horsepower.
8.
Bowling alleys, theatres and other indoor amusement services.
9.
Colleges and commercial schools.
10.
Mortuaries.
11.
Parking lots open to the public.
12.
Permitted residential uses in the same building with other permitted uses, except that residence shall not be permitted in the same building as any business selling food of any kind.
[Ord. No. 2-1979, § 17-5.7]
a.
Permitted principal uses. The following uses are permitted as principal uses provided they conform to the performance standards set forth in § 23-8 of this chapter.
1.
Uses permitted as principal uses in the R/B-1 Zone.
2.
High-rise multi-family dwellings as defined in this chapter, provided that the following requirements are met:
(a)
There shall be provided on the same lot a landscaped open area, not occupied by parking areas or driveways, equivalent to at least 100 square feet per dwelling unit, and provided with walks and benches. Within the landscaped area there shall be provided a fenced area equivalent in size to 25 square feet per dwelling unit, fenced on all sides and with a gate, and equipped with playground equipment suitable for children of five years of age and under.
(b)
There shall be provided on the same lot or on a lot within 100 feet of an entrance to the multi-family dwelling, parking spaces equivalent to two spaces for each unit, at least 50% of which spaces shall be in a garage. Rent for two parking spaces shall be included in the rent for each dwelling unit, and only tenants of the high-rise development shall be permitted to park in the garage.
(c)
Garage space may be provided under the multi-family dwelling but no such garage space shall extend higher than 20 feet above the grade of the development at any lot line, nor higher than two floors at or above the grade level. Above-ground garage space not directly under the multi-family dwelling shall conform to the requirements for accessory buildings.
(d)
No parking area shall be constructed in the required front yards, except as a covered underground parking area, the roof of which shall be landscaped with plant material in all areas not required for driveways or walkways.
(e)
All lot areas not used for buildings, parking spaces and necessary driveways and walkways shall be landscaped with plant material.
3.
Museums, houses of worship and libraries.
b.
Permitted accessory uses. Accessory uses as permitted in R/B-1 Zones are permitted.
c.
Conditional uses. Hospitals and non-profit schools for nursery, primary or secondary education are permitted as conditional uses, provided the following standards are met:
1.
Minimum lot size: 5,000 square feet.
2.
Minimum distance from outdoor play or sitting area to lot line: 10 feet.
3.
Other yard and bulk restrictions: same as for R/B-1 Zone.
4.
Any outdoor play or sitting area shall be provided with an evergreen hedge or decorative fence at least five feet in height, designed to screen the view of such area from adjacent properties and from the street.
[Ord. No. 2-1979, § 17-5.8; Ord. No. 18-1980]
a.
Permitted principal uses. The following uses only are permitted as principal uses:
1.
Retail stores selling personal and household goods but excluding the sale of building material, plumbing supplies, motor vehicles or boats.
2.
Personal and household service establishments as defined by this chapter, but excluding drive-in windows or facilities.
3.
Financial institutions, but excluding drive-in windows or facilities.
4.
Business and professional offices on the second story.
5.
Restaurants excluding drive-in restaurants.
b.
Permitted accessory uses. Uses permitted as accessory uses in the R/B-1 Zone are permitted as accessory uses.
c.
Conditional uses. Drive-in windows or facilities for financial institutions or personal and household service establishment, including photographic service, are permitted as a conditional use, provided that.
1.
The applicant shall demonstrate that there is sufficient space on the site to provide for the line of waiting vehicles that may reasonably be expected;
2.
Reports shall be received from the Planning Consultant and the Police Department regarding traffic safety and that any recommendation in such reports as to measures to increase safety shall be considered by the Planning Board and may be made a condition of approval.
[Ord. No. 2-1979, § 17-5.10; Ord. No. 17-1986, § 5; Ord. No. 17-1987, § 2]
a.
Permitted principal uses. The purpose of the Outdoor Recreation Zone is to provide an area on the Hudson Waterfront for public and/or commercial outdoor recreation compatible with the aims of preserving the beauty of the Palisades, improving the condition of the waterfront, and securing a portion of the waterfront for recreational use by the public. In order to provide an area where such purpose may be served while protecting the health, safety, comfort and convenience of residents and workers, the following uses only, subject to the Performance Standards set forth in § 23-8 of this chapter are permitted.
1.
Commercial and non-commercial outdoor recreation uses including golf short courses and driving ranges, swimming pools, archery ranges, marinas, ice skating rinks, tennis courts, day camps, nature study areas, uses similar in nature and impact.
2.
Uses of land and buildings by the Township for Township purposes.
b.
Permitted accessory uses. Accessory uses and buildings incidental and necessary to the above uses provided that the total area covered by such buildings does not exceed 15% of the area of the lot.
[Ord. No. 2-1979, § 17-5.11; Ord. No. 17-1986, § 6; Ord. No. 17-1987, § 3]
a.
Permitted uses. The purpose of the Office Park Zone is to provide an area on the Hudson Waterfront for the development of office buildings compatible with the aims of preserving the beauty of the Palisades and improving the conditions of the waterfront. In order to provide an area where such office buildings may be protected from the encroachment of other uses and to protect the health, safety, comfort and convenience of residents and workers, the following uses only, subject to the performance standards set forth in § 23-8 of this chapter, are permitted:
b.
Permitted accessory uses. Accessory uses incidental and necessary to the above uses, but excluding outdoor storage.
c.
Conditional uses. Drive-in windows or facilities for financial institutions are permitted as a conditional use provided that.
1.
The applicant shall demonstrate that there is sufficient space on the site to provide for the line of waiting vehicles that may be reasonably expected;
2.
Reports shall be received from the Planning Consultant and Police Department regarding traffic safety and that any recommendations in such reports as to measures to increase safety shall be considered by the Planning Board and may be made a condition of approval.
[Ord. No. 2-1979, § 17-5.12; Ord. No. 17-1986, § 7, 8]
a.
Permitted principal uses. The purpose of the Industrial Park Zone is to provide an area on the Hudson River waterfront for the development of non-nuisance industries compatible with the aims of preserving the beauty of the Palisades and improving the condition of the waterfront. In order to provide an area where such industries may be protected from the encroachment of other uses and to protect the health, safety, comfort and convenience of residents and workers, the following uses only, subject to the performance standards set forth in § 23-8 of this chapter are permitted.
1.
Enclosed buildings for the manufacturing, processing, compounding, assembling, packaging, treatment or repair of materials or products.
2.
Enclosed buildings housing research laboratories.
3.
Enclosed buildings used for warehousing or wholesaling activities, but excluding shipping terminals and tank storage.
4.
Utility substations, pumping stations or telephone buildings.
5.
Uses of land and buildings by the Township for Township purposes.
b.
Permitted accessory uses. Accessory uses incidental and necessary to the above uses, but excluding outdoor storage.
[Ord. No. 2-1979, § 17-5.14; Ord. No. 17-1986, §§ 9, 10, 11]
[Ord. No. 2-1979, § 17-5.15]
Use regulations for this district are contained in § 23-10 of this chapter.
[Ord. No. 2-1987, § 2]
A satellite antenna is permitted as a conditional use in any zone provided the following standards are met:
a.
In any residential district the diameter of a satellite antenna shall not exceed four feet; and the maximum height shall not exceed eight feet.
b.
In any nonresidential district the diameter shall not exceed eight feet; and the maximum height shall not exceed 12 feet.
c.
The satellite antenna shall be erected on a secure ground mounted foundation if mounted on the ground. If mounted on a flat roof it shall protrude no higher than four feet above the highest point on the building. If mounted on a sloped roof, it shall protrude no higher than the ridge and (1) shall not be on any slope facing a street; and (2) shall not be on the front 50% of a roof facing a side yard.
d.
If mounted on the ground, the satellite antenna shall be located in the rear yard and shall be not closer than five feet to any lot line.
e.
The satellite antenna shall be located and screened so as to minimize motor noise and visual impact from the street and neighboring properties. The ability to install the antenna in an unobtrusive location and to minimize noise and visual impact shall be an important factor in determining whether the conditional use shall be permitted.
f.
The satellite antenna shall be designed only for the use by residents or occupants of the principal building on the lot, provided however, that in the PD District, the satellite antenna may be designed for use by the residents or occupants of more than one principal building.
g.
Only one satellite antenna shall be permitted for each principal building on the lot.
h.
All wiring to and from the satellite antenna shall be placed underground.
i.
The color of the satellite antenna and all its components shall blend with its surroundings.
j.
The satellite antenna shall have an open mesh surface.
k.
The satellite antenna shall have no lettering thereon and shall not be used as an advertising or identification sign.
l.
A satellite antenna used for transmitting signals shall be permitted only if the applicant has demonstrated that the transmissions of such signals will not create any hazard to the health of or any annoyance to the occupants of the property upon which the satellite antenna is to be placed or to the occupants of surrounding or neighboring properties.
[Ord. No. 2-2003, § 2; Ord. No. 3-2003, § 2]
[Ord. No. 2-1979; § 17-6.1; Ord. No. 8-1984; Ord. No. 17-1986, § 12; Ord. No. 9-2001 § 1; Ord. No. 12-2012]
Subject to modification in special cases as specified in subsequent or preceding sections of this chapter, requirements for the lot size and bulk of buildings permitted in each district shall be set forth in the Schedule of Lot and Bulk Requirements, which is hereby adopted and made a part of this chapter.[1]
[1]
Editor's Note: The Schedule of Lot and Bulk Requirements referred to in this chapter as Schedule A can be found as an attachment to this chapter.
[Ord. No. 2-1979 § 17-6.2; Ord. No. 17-1986 § 13; Ord. No. 17-1987 § 7]
a.
Except as otherwise provided in this chapter, rooftop structures shall be permitted to exceed the otherwise permitted height of a building provided:
1.
The height of the rooftop structure shall not be greater than 25% of the actual height of the building on which it is located, or greater than 25% of the maximum height of buildings permitted in Schedule "A" in the District, whichever is less.
2.
The aggregate horizontal area of all such rooftop structures on a building shall not exceed 10% of the ground area covered by the building.
b.
No parapet, wall or cornice may exceed the height limitations of this chapter.
c.
A railing on a flat roof may exceed the height limitations by up to five feet provided such railing has at least 50% of its vertical face open.
d.
No height exception permitted by this subsection shall permit a building or rooftop structure to exceed the following:
1.
In that portion of the I and SW Zones lying north of the Kings Bluff Dividing Line and south of the southerly boundary of the North Weehawken View Plane, the overall height of building, including rooftop structures, shall not exceed 50 feet above sea level.
2.
In that portion of the I, B-2 and B-3 Zones lying north of the southerly boundary of the North Weehawken View Plane and south of the easterly prolongation of Cooper Place no building or rooftop structure shall penetrate the North Weehawken View Plane.
3.
In that portion of the B-2 and B-3 Zones lying north of the easterly prolongation of Cooper Place no building or rooftop structure shall penetrate the Palisades Plane.
[Ord. No. 2-1979 § 17-6.3]
Extensions of a structure into a required front, side or rear yard shall be permitted as follows:
a.
By cornices, canopies, window sills, eaves, overhangs and similar extensions which are 10 feet or more above grade: one foot;
b.
By open, fireproof fire escapes: four feet;
c.
By any terrace or uncovered porch having its floor level no higher than three feet above the average grade level at its perimeter and having no railing or other member higher than three feet above its floor level: 10 feet, but not closer than five feet to any front or rear lot line and not closer than three feet to any side lot line.
[Ord. No. 2-1979 § 17-6.4; Ord. No. 08-2012]
No accessory structure shall be located in the front or side yard. Accessory structures shall be permitted in the rear yard provided that:
a.
No more than 40% of the required rear yard is occupied by such accessory structure.
b.
At least 50% of the required rear yard is landscaped in accordance with the requirements of Subsection 23-7.3 of the Township Zoning Ordinance.
c.
No accessory structure shall be located within five feet of the rear lot line or within three feet of any side lot line or within 15 feet of any street line; or within 10 feet of any front yard or portion of the side yard in front of the principal structure.
d.
Accessory structures shall be separated from the principal building by a distance of at least 10 feet.
e.
No accessory structure shall exceed one story and 15 feet in height.
f.
There shall be no more than one accessory structure associated with any use and lot.
g.
Accessory structure shall not be utilized for the storage of flammable or hazardous materials or for materials utilized in conjunction with a home occupation as defined in § 23-3 of the Township Zoning Ordinance.
h.
Accessory structures, in residential districts, shall be limited to the following:
1.
Private garage for not more than two vehicles.
2.
Garden house, shed, deck, child's playhouse, greenhouse, gazebo, flagpole or other similar uses customarily incidental to the residential use.
3.
Private swimming pool provided same shall be subject to the swimming pool and health ordinance of the Township.
[Ord. No. 12-1986; Ord. No. 2-1979 § 17-6.5; Ord. No. 17-1986 § 14]
For purposes of preservation of the Palisades cliff face, no portion of any building or structure shall be constructed in the I, B-2 or B-3 Zones on that portion of a lot which has a grade, prior to such construction, in excess of 10%, or on any portion of the lot which lies within 10 feet of the portion having such grade.
[Ord. No. 2-1979 § 17-7.1]
The use of any radioactive source, material or process is permitted only by conditional use granted by the Planning Board, provided that the following conditions are met:
a.
All current regulations of the State and Federal Government in regard to the radioactive source, material or process are complied with.
b.
The Planning Board makes a finding, based on expert testimony that the presence and use of the radioactive source, material or process will entail no threat to any property within the Township or to the life or health of any person whatsoever.
[Ord. No. 2-1979, § 17-1.2; Ord. No. 17-1986, § 15; Ord. No. 17-1987, § 9]
a.
Landscaped area. There shall be provided on each lot in the B-3, I and SW Zones landscaped areas equal to at least 20% of the lot area, and in the B-2 Zone, landscaped areas equal to at least 15% of the lot area. Such landscaped area may include walkways, but not roads, driveways, parking or loading areas.
b.
Riverfront easement area. On each lot adjacent to the Hudson River, the owner, in connection with development or redevelopment thereof, shall make adequate provision for an easement or other form of encumbrance along, or in close proximity to, the bank of the Hudson River, to allow access for riverbank maintenance and to allow passage along the riverfront by pedestrians and bicyclists. Such easement area shall have a minimum width of 30 feet and shall be provided with a paved walkway, provided, however, that the Planning Board may approve a lesser width at locations where the thirty-foot width is not practicable. If a bicycle path is to be included, such path shall be separated from the pedestrian walkway. Such easement shall be granted in perpetuity, without charge, upon such terms as the Planning Board or other governmental authority having jurisdiction shall deem appropriate to assure the continued maintenance thereof. Such easement area shall be designed so as to be contiguous with easement areas in other properties. If, with respect to such easement for walkway or bikeway purposes, any requirements or recommendations of the State of New Jersey or any department or agency thereof would impose more stringent requirements on an applicant than those required herein, the more stringent requirements shall be deemed to be incorporated in this chapter.
c.
Rooftops. Any rooftop in the B-2, B-3, I or SW Zone that is visible from the view elevation shall be appropriately landscaped or otherwise improved or beautified in a manner satisfactory to the Planning Board. The Planning Board may require the applicant for site plan approval in those zones to landscape, improve or otherwise beautify any rooftop that is visible from any portion of the Township lying within any of those zones and in making its determination as to the quality of rooftop landscaping, improvement or beautification required, the Planning Board shall consider the size and scale of the building and adjacent buildings, the extent to which rooftops are visible from both within and without the district, the visual impact of the rooftops on the views from the Palisades and the visual impact of the rooftops on views of the Palisades.
d.
Landscaping in parking areas. Any parking area, (including, but not limited to, parking areas on the upper deck of parking garages) in the B-2, B-3, I or SW Zone that is visible from the view elevation shall be appropriately landscaped or otherwise improved or beautified in a manner satisfactory to the Planning Board. The Planning Board may require the applicant for site plan approval of a parking area in those zones to landscape, improve or otherwise beautify any parking area that is visible from any portion of the Township lying within those zones. In making its determination as to the quality of the parking area when such landscaping, improvement or beautification is required, the minimum standard for such landscaping, beautification or improvement shall be one shade tree designated on the list for urban shade trees promulgated by the New Jersey Shade Tree Federation for each 10 parking spaces in the parking area. At least 5% of the parking area shall be landscaped. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays, or in diamonds between parking stalls. All landscaping in parking areas shall be placed so that it will not obstruct sight distance. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs or ground cover and mulch.
[Ord. No. 2-1979, § 17-7.3]
For any residence for one to four families, the total area of the required front yard covered with pavement, sidewalk, stepping stones or other impervious material or gravel shall not exceed 50% of the area of such required front yard, and the remainder of such required front yard shall be landscaped with grass, ground-cover or other plant material. For any residence for one to four families, the total area of the required rear yard, exclusive of accessory buildings, covered with pavement, sidewalks, stepping stones or other impervious material or gravel shall not exceed 50% of the area of such required rear yard exclusive of accessory buildings, and the remainder of the required rear yard shall be landscaped with grass, ground cover or other plant material.
[Ord. No. 2-1979, § 17-7.4]
a.
For any State and Township approved Senior Citizen Housing Project, the height may be extended to 18 stories or 190 feet, except in the PD Zone where the height limit shall be 130 feet. The parking requirements may be reduced to three spaces for each 10 dwelling units or fraction thereof. The density in R/B-1 and R/B-2 Zones may be increased to a maximum density of 135 dwelling units per acre.
[Ord. No. 2-1979, § 17-8]
Any use in any zone shall conform to the minimum performance standards set forth in this section. Satisfactory evidence of conformance shall be presented to the Planning Board with the site plan application. The Planning Board may obtain expert advice, at the expense of the applicant, regarding compliance to the performance standards where there is reasonable doubt that a proposed development will not conform.
[Ord. No. 2-1979, § 17-8.1]
a.
General. No noise shall be conveyed across lot lines so as to interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the State of New Jersey's "Noise Control Act of 1971" as amended and augmented and the following provisions stated, whichever shall be more stringent, shall be complied with. Conformance with said provisions shall not be deemed conclusive proof of the nonexistence of either a nuisance or the more subjective state of annoyance.
b.
The sound pressure levels emanating from any source of acoustic noise, excepting those sources enumerated in paragraph c of this regulation, shall not exceed, at any time, the maximum values of Table 1 as modified by Table 1a when measured in the designated octave bands and in accordance with the referenced American National Standards, at any point on the lot line of the lot containing the noise source, or at 100 feet from the noise source, whichever shall be less.
Table 1 | |
|---|---|
Octave Bank Center Frequency, Hz | Maximum S.P.L. (db) (rms) ref. 20 micro N/M2 |
35.1 | 79 |
63. | 78 |
125. | 72 |
250. | 64 |
500. | 58 |
1000. | 52 |
2000. | 46 |
4000. | 41 |
8000. | 39 |
Note: For monitoring purposes only the (A) weighted level is 62 db(A). |
Table 1a Adjustment Factors | |
|---|---|
Condition | Required Adjustment in Decibels |
On a site adjacent to or across the street from any residence zone boundary. | Minus 5 |
Operation between the hours of 10:00 p.m. and 7:00 a.m. | Minus 5 |
Sound of impulsive character (e.g. hammering). | Minus 5 |
Sound of periodic character (e.g. hum or screech). | Minus 5 |
Sound produced less than 5 minutes in any 1 hour period. | Plus 5* |
Sound produced less than 1 minute in any 1 hour period. | Plus 10* |
* | Apply only one of these adjustments. All other adjustments, including either of the starred adjustments, are cumulative. |
c.
The sound pressure levels emanating from any engine powered mobile vehicular equipment not suitable for enclosure in a permanent structure shall not exceed the maximum A weighted levels specified in the Society of Automotive Engineers (S.A.E.) Standard J 952 b as shown in Table 2 below, or subsequent revisions thereof. The instrumentation and procedure for the test of Standard J 952 b shall apply. The use of the engine powered equipment shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m. All other engine powered equipment shall comply with the regulations of paragraph b.
Table 2 | |
|---|---|
Type of Equipment | Maximum Sound Level dbA at 50 feet (A-Weighting Network) |
Construction and industrial machinery encompassing only mobile equipment, powered by internal combustion engines, such as crawler tractors, dozers, loaders, power shovels, and cranes, motor graders, paving machines, off-highway trucks, ditchers, trenchers, compactors, scrapers and wagons. | 88 |
Engine powered equipment of 5 hp or less intended for use in residential areas at frequent intervals. Typical pieces of such equipment are lawn mowers, small garden tools, riding tractors, and snow removal equipment. This specifically excludes commercial equipment not intended for frequent use in residential areas. | 70 |
Engine powered equipment exceeding 5 hp but not greater than 20 hp intended for use in residential areas at frequent intervals. Typical pieces of such equipment are lawn mowers, small garden tools, riding tractors, and snow removal equipment. This specifically excludes commercial equipment not intended for use in residential areas. | 78 |
Engine powered commercial equipment of 20 hp or less intended for infrequent use in a residential area. | 88 |
Farm and light industrial tractors. | 88 |
d.
The following American National Standards or subsequent revisions available from A.N.S.I., Inc. - 1430 Broadway, N.Y., N.Y., shall apply for paragraphs b and c.
Title | Standard No. |
|---|---|
Acoustic Terminology | S 1.1 - 1960 (Rev. 1971) |
Physical Measurement of Sound | S 1.2 - 1962 (Rev. 1971) |
Sound Level Meters | S1.4 - 1971 |
Octave, Half Octave - Filter Sets | S 1.11 - 1966 (Rev. 1971) |
Methods for Measurement of Sound Pressure Levels | S 1.13 - 1971 |
[Ord. No. 2-1979, § 17-8.2]
No source of light shall cause direct, reflected or sky reflected glare exceeding 1.0 foot candle. The glare shall be measured at any point greater than 50 feet from the boundary of the property from which it emanates.
No source of light shall cause a color rendering effect perceptible without the aid of instruments at or on any portion of a residential or recreational zone or area.
This regulation shall not apply to such lights or beacons as may be required for compliance with safety standards or regulations of the Township, County, State or Federal government or their agencies.
[Ord. No. 2-1979, § 17-8.3]
No use shall be permitted which disseminates any shock or vibration detectable by the unaided human senses beyond the boundaries of the lot on which such use is located. Detection of the shock and vibration may be made without the use of measuring instruments.
[Ord. No. 2-1979, § 17-8.4]
No activities shall be permitted which produce electrical disturbance adversely affecting the operation of any equipment at any point outside the lot.
All machines, engines, equipment or processes which are inherently capable of generating electromagnetic interference whether radiated or conducted or both shall be designed or modified to conform to all applicable requirements of "The Communications Act of 1934", Sections 15 and 18 of the Rules and Regulations of the Federal Communications Commission, and all future amendments or revisions which shall be enacted by the F.C.C.
[Ord. No. 2-1979, § 17-8.5]
The use of any radioactive source, material or process is permitted only as a conditional use under the conditions set forth in § 23-7 of this chapter. Atomic energy power plants are expressly prohibited.
[Ord. No. 2-1979, § 17-8.6]
a.
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended and augmented by regulations hereinafter designated as "the State Code" and all following provisions stated, whichever shall be more stringent, shall be complied with.
b.
Smoke and other visible emissions. No smoke or other visible emission, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart shall be emitted into the open air, provided, however, that smoke emitted during the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes. No open burning shall be permitted. All incinerator burning shall be approved by the State Department of Health and shall be in compliance with Chapter 2 of the State Code. No use shall have its own power source except for an emergency power supply to be used only when public electric power is not available. The regular power supply shall be electric power from a public source.
c.
Solid particles. No discharge of solid particles through a stack, duct or vent shall be permitted that is greater than the allowable emission in pounds per hour established by Chapter 7 of the State Code, or greater than that permitted by the following table, whichever is more restrictive.
Process Weight in Pounds Per Hour | Allowable Emission of Particles in Pounds Per Hour |
|---|---|
100 or less | 0.5 |
1,000 | 2.3 |
5,000 | 6.7 |
10,000 | 10.8 |
25,000 | 20.0 |
50,000 | 32.0 |
75,000 | 43.0 |
1,000,000 or over | 50.0 |
d.
Sulphur compounds. No discharge of sulphur compounds shall be permitted that exceeds the allowable emissions permitted as of March 1, 1969, by Chapter 8 of the State Code or as of October 1, 1971, by Chapter 10 of the State Code. The exceptions permitted by Section 2.3 of the State Code shall not be permitted under this chapter.
e.
Odors. No odorous material may be emitted into the atmosphere in quantities sufficient to be detected by the human senses without instruments at any point along the property line or at any point outside of the property lines for periods aggregating more than five minutes in any hour.
[Ord. No. 2-1979, § 17-8.7]
No use or process shall produce an air temperature rise of more than 3° F. at any point less than 20 feet above the adjacent ground level outside the walls of the building or part thereof containing such use. No use or process shall discharge into any water course a fluid which is hot enough to produce a rise of 3° F. or more degrees Fahrenheit in the water temperature of the water course.
[Ord. No. 2-1979, § 17-8.8]
All operations shall be carried on in such a manner and with such precaution against fire and explosion hazard, as determined by the New Jersey Inspection Bureau and the applicable Township Ordinances.
[Ord. No. 2-1979, § 17-9]
No structure shall be erected nor premises used nor shall any structure be altered so as to expand its usable floor area, nor shall the use of any premises be expanded nor shall the use of any premises be changed to a use requiring more parking spaces than required by the existing use unless there is provided parking and loading space in accordance with the following standards.
[Ord. No. 2-1979, § 17-9.1]
Uses | Required Parking Spaces |
|---|---|
One and Two Family Dwellings | Per Dwelling Unit: 2 spaces, 1 to be in a garage or covered carport. |
Multi-Family Dwellings | 1 1/2 per each efficiency or 1 bedroom unit, 2 per each unit of 2 or more bedrooms; (2) per each unit in high-rise apartments |
Home Occupations | No additional spaces required |
Senior Citizen Housing | 3 spaces per 10 units |
Places of Public Assembly | 1 for each 4 seats. Where benches are provided, each 20 inches of bench shall be considered 1 seat. Where no fixed seats, 1 space for each 50 square feet of assembly space |
Museums, Art Galleries, Exhibit Halls | 1 for each 100 square feet of floor area |
Community Centers (except Senior Citizens), Boys' Clubs, Y's and similar facilities | 1 for each 100 square feet of general social and recreational area, plus spaces required for office, restaurant and assembly areas |
Community Centers for Senior Citizens | 1 for each 300 square feet of floor area |
Motels, Hotels, Motor Lodges, Rooming Houses | 1 for each bedroom unit plus 1 for each 2 employees on the maximum shift |
Funeral Homes, Mortuaries | 10 for each parlor |
Hospitals | 1 for each 3 beds plus 1 for each 3 employees on the maximum working shift, plus 1 per each 18 daily visitors to outpatient facilities, plus 1 for each doctor on staff |
Nursing Homes and Homes for the Aged | 1 per each 3 beds or each 3 dwelling units |
Manufacturing and Industrial Uses, except warehouses | 1 for each 500 square feet of floor area or 1 for each 2 employees on the maximum working shift whichever is greater |
Warehouses | 1 for each 1,000 square feet of floor area or 1 for each 2 employees, maximum shift, whichever is greater |
Banks and Savings Institutions | 1 parking space for each teller station and each desk, excluding drive-in teller stations |
Offices, Business and Professional | 1 space for every 300 square feet of floor area, except 1 space for every 200 square feet in Office, Park and Industrial Park Zones |
Medical or Dental Clinics, or Offices | 4 spaces for each doctor or dentist, plus 1 space for each 2 employees |
Restaurants, or other eating or drinking places | 1 for each 3 seats |
Retail Stores, except as noted below; Service Establishments | 1 for each 300 square feet of floor area where the floor area shall not exceed 10,000 square feet; 1 for each 200 square feet of floor area where the floor area shall not exceed 10,000 square feet |
Retail stores wherein at least 75% of the sales area is devoted to major appliances, furniture or machinery; wholesale stores or sales rooms. | 1 for each 500 square feet of floor area |
Bowling Alley | 2 for each alley plus 1 for each 3 employees |
Tennis or racquetball courts, squash courts | 2 for each court |
Gasoline station, public garage, auto repair establishment | 1 per each vehicle left for service or storage plus 1 per each 2 employees |
Motor vehicle sales establishment | 1 per each 2,000 square feet of display and storage area, plus above requirement for repair facility |
Marinas and boat yards | 1 per each boat accommodation space plus 1 per each 2 employees |
Schools, Nursery | 1 per each staff member |
Schools, Elementary | 3 for every 2 teaching stations |
Schools, High School | 3 for every 2 teaching stations plus 1 for every 20 students |
Schools, Business or trade | 1 for each staff member plus 1 for each 5 students |
Uses Not listed | Number of spaces required for the use which the Planning Board determines most nearly approximates the proposed use |
[Ord. No. 2-1979; Ord. No. 16-1979, § 1]
Each off-street parking space shall be at least nine feet wide and 19 long, except that spaces for one, two, three and four family dwellings shall be at least nine feet wide and 17 feet long. In no case, except as may be required by other statutes, ordinances and regulations respecting parking for the handicapped, shall any off-street parking space accessory to a residential use of four families or less be more than nine feet wide.
[Ord. No. 2-1979, § 17-9.3]
Off-street parking spaces required herein shall be used solely for the parking of passenger automobiles of visitors, patrons, occupants or employees of the use for which required. In addition to the parking spaces required in Subsection 23-9.2 there shall be a space for each truck, ambulance, hearse, company car or other vehicle regularly stored on a lot during the business hours of any business, or at any time in the case of a residence.
[Ord. No. 2-1979, § 17-9.4]
Whenever the number of spaces required results in a fraction or a whole number plus a fraction equal to 1/2 or more, such fraction shall require one parking space.
[Ord. No. 2-1979, § 17-9.5]
All off-street parking spaces within any parking area shall be clearly marked to show the parking arrangement within the parking area.
[Ord. No. 2-1979, § 17-9.6]
All lighting for off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets and residential zones and buildings.
[Ord. No. 2-1979, § 17-9.8]
No access to a parking or loading area in a Business or Industrial District shall be located within a residential district. No off-street parking shall be permitted in any zone where the use which it serves is prohibited.
[Ord. No. 2-1979, § 17-9.10; Ord. No. 16-1979, § 4]
Wherever feasible, curb-cuts for driveways shall be located so as to preserve existing trees located in the public right-of-way.
[Ord. No. 2-1979, § 17-9.11; Ord. No. 17-1986, § 16]
In the I, B-3 and SW zones, no parking shall be permitted in any required front yard or within 10 feet of any rear or side lot line. When any parking area is visible from a public street adjacent to the lot containing such parking area, the parking area shall be screened from the street by a landscaped wood fence, landscaped decorative masonry wall or a solid evergreen hedge, each at least five feet but not more than six feet in height.
[Ord. No. 2-1979, § 17-9.12]
Each lot shall have an off-street loading area adequate in size to accommodate all vehicles expected to be used in loading and unloading operations at any given time, but not less than required by the following schedule:
Use | Square Feet of Floor Area | Minimum Number of Loading Berths Required |
|---|---|---|
School | 15,000 or more | 1 |
Hospital and/or | From 10,000 to 30,000 | 1 |
Nursing Home (in addition to space for ambulances) | For each additional 30,000 or major fraction thereof | 1 additional |
Funeral Parlors | Up to 5,000 | 1 |
For each additional 5,000 or major fraction thereof | 1 additional | |
Hotel or Office | 10,000 or more | 1 |
Warehousing | From 2,000 - 5,000 | 1 |
Wholesaling | From 5,001-15,000 | 2 |
Manufacturing or Industrial | From 15,001 - 30,000 | 3 |
From 30,001 - 50,000 | 4 | |
From 50,001 - 75,000 | 5 | |
For each additional 25,000 square feet or major fraction thereof | 1 additional | |
Business and Commercial Uses | 1 less than required for uses in category #5 above | |
Multi-Family Dwelling | 50 units or more | 1 |
[Ord. No. 2-1979, § 17-9.13]
Each loading space shall be at least 12 feet wide, 56 feet long and 14 feet high and shall as nearly as may be practicable, be located in such a position as to cause the least hindrance to internal circulation of traffic and the least noise and aesthetic disturbance to the public and neighboring property owners. No loading space shall be located in a position in which any vehicle using the space will block the free passage of pedestrians or vehicles. Where practicable, no loading space shall be located in any front yard.
[Ord. No. 2-1979, § 17-9.14]
All applicable standards for off-street loading and parking areas, driveways, paving, curbs and drainage, prescribed by the site plan approval regulations as amended shall be adhered to in the design of off-street parking and loading areas.
[Ord. No. 2-1979, § 17-9.15]
In I, B-2 and B-3 Zones, the off-street loading area shall not be located in the front yard or within 10 feet of any rear or side lot line.
[Ord. No. 2-1979, § 17-10.1]
The following are the objectives of the Township in permitting planned developments pursuant to the authority granted by the Municipal Land Use Law:
a.
To provide for well-located, clean, safe and pleasant sites for industrial, office, commercial and recreational purposes and a high quality environment for the people who live, work and visit there;
b.
To encourage innovations in residential, commercial, industrial and cultural development which will conserve open space and provide greater variety of land uses and the type, design and layout of buildings;
c.
To provide for high-quality residential development of the waterfront to reinforce and enliven other developments;
d.
To encourage preservation of the beauty of recognized topographical features, namely the face of the Palisades; and to preserve public enjoyment of the view from the top of the Palisades.
e.
To provide public access to and beautification of the Hudson River waterfront.
f.
To encourage a more efficient use of land and public services or private services in lieu thereof;
g.
To provide industrial, research, office, hotel, other commercial and recreational development which will aid in strengthening the economic base of the Township;
h.
To promote the sound growth, health, morals and general welfare of the Township;
i.
To promote development and redevelopment of the Hudson River waterfront area in a comprehensive and orderly manner;
j.
To promote the development or redevelopment of affordable housing to enable Weehawken to meet its fair share of the regional need for such housing.
k.
To encourage development of an infrastructure that is integrally related to the infrastructure of the region.
[Ord. No. 2-1979, § 17-10.2]
Planned development is permitted within that area set forth as the Planned Development District on the map entitled "Weehawken Zoning Map" dated July 2, 1984, which area encompasses the Industrial Park, Office Park, Outdoor Recreation and Special Waterfront Zones as shown on such map.
[Ord. No. 2-1979, § 17-10.3]
Application for a planned development shall be made in accordance with the provisions set forth in Chapter 22, Land Development Review.
[Ord. No. 2-1979, § 17-10.4; Ord. No. 8-1984, § 1; Ord. No. 18-1984, § 1-8; Ord. No. 20-1984, § 1-3; Ord. No. 4-1985, § 1-3; Ord. No. 3-1987; Ord. No. 17-1987, § 5; Ord. No. 9-1989, §§ 2-6; Ord. No. 10-1989, §§ 1, 2; Ord. No. 9-1990, § 2; Ord. No. 3-1997, §§ 2-5; Ord. No. 1-2005, §§ 1, 2, 4]
a.
General conditions. A planned development shall not be permitted in the Planned Development District unless:
1.
Such planned development is, to the extent possible with due consideration for differing land ownerships, an integral part of a general plan or plans for development of the entire Planned Development District;
2.
The applicant for such planned development can demonstrate that the water, sanitary sewer, storm sewer, sewage treatment and other utilities for the planned development will be adequate and complete for the planned development and each stage thereof and will be an integral part of a general plan or plans for development of all such utilities in the entire Planned Development District;
3.
The applicant for such planned development can demonstrate that the means for vehicular and mass transit access to the planned development will be adequate and complete for the planned development and each stage thereof; will be an integral part of a general plan or plans for development of vehicular and mass transit access for the entire Planned Development District; and can be accomplished without substantial new congestion to streets and intersections in other districts of the Township;
4.
The applicant for such planned development can demonstrate that the means of pedestrian access to the planned development will be adequate and complete for the planned development and each stage thereof; will be an integral part of a general plan or plans for development of pedestrian access for the entire Planned Development District; and will permit and encourage, to the greatest extent possible, integration of the planned development with other portions of the Township;
5.
The applicant for such planned development can demonstrate that adequate provision has been made for an easement or other form of encumbrance along, or in close proximity to, the bank of the Hudson River, to allow access for riverbank maintenance and to allow passage along the riverfront by pedestrians and bicyclists. Such easement area shall have a minimum width of 30 feet and shall be provided with a paved walkway, provided however that the Planning Board may approve a lesser width at locations where thirty-foot width is not practicable. If a bicycle path is to be included, such path shall be separated from the pedestrian walkway. Such easement shall be granted in perpetuity, without charge, upon such terms as the Planning Board or other governmental authority having jurisdiction shall deem appropriate to assure the continued maintenance thereof. Such easement area shall be designed so as to be contiguous with easement area in other properties in the Planned Development District;
If with respect to such easement for walkway or bikeway purposes any requirements or recommendations of the State of New Jersey or any department or agency thereof would impose more stringent requirements on an applicant than those required herein, the more stringent requirements shall be deemed to be incorporated within this chapter;
6.
The applicant for such planned development can demonstrate that the planned development and each stage thereof will be a marketable development and will not have any substantial adverse fiscal impact on the Township;
7.
The applicant for such planned development can demonstrate that such planned development and each stage thereof will not cause any substantially adverse environmental impacts; and
b.
Development size. The minimum size of the development area of a planned development shall be 40 adjacent or contiguous acres under a single ownership or control. Public roads or a railroad mainstem traversing a tract shall not render the tract noncontiguous.
The Planning Board may permit a planned development containing a development area of less than 40 acres if the following conditions are met:
1.
All other land in the Planned Development District has either been developed or included within a previously approved planned development;
2.
The development area of the proposed planned development is not less than 50% of the land which remains undeveloped and not included within a previously approved planned development;
3.
The development area of the proposed planned development is, in no event, less than 10 adjacent or contiguous acres; and
4.
No residential uses are proposed.
c.
Uses.
1.
Permitted principal uses. In order to further the objectives of this chapter, only the following principal uses are permitted in a planned development, subject to compliance with the performance standards set forth in § 23-8 of Chapter 23, Zoning:
(a)
Any use permitted in the I, (Industrial Park), B-2 (Outdoor Recreation), B-3 (Office Park), or SW (Special Waterfront) District;
(b)
Hotels and/or Conference Centers;
(c)
Festival marketplaces;
(e)
Retail Uses, but excluding the sale of building material, plumbing supplies, motor vehicles or boats;
(f)
Service establishments, excluding motor vehicle service stations; and
(g)
Any other use which the Planning Board, in connection with the approval of the planned development, specifically determines by Resolution to be consistent with the standards of the Planned Development District.
2.
Permitted accessory uses. Uses customarily accessory and incidental to any permitted principal use shall be permitted, provided however:
(a)
No outside storage shall be permitted;
(b)
Accessory buildings or structures incidental to an outdoor recreation use shall not cover more than 15% of the portion of the development area devoted to such outdoor recreation uses;
(c)
Except when permitted as principal uses, piers and docks shall only be permitted as uses accessory to the manufacturing or storage of goods at indoor facilities located in the planned development; and
(d)
Public, quasi-public or private parking garages or facilities are permitted as accessory uses. Such garages or facilities shall be permitted as an accessory to more than one permitted use provided that the Planning Board, upon site plan review, determines that adequate assurances exist to meet the requirements of this chapter for the number of parking spaces.
(e)
Public, quasi-public or private land or water transport passenger stations are permitted only if such stations are accessory to the Planned Development and are designed primarily to serve the transportation needs of the residents and workers in the Planned Development.
3.
Conditional uses. Subject to compliance with the performance standards of Chapter 23, Zoning, the following uses shall be permitted as conditional uses only with the approval of the Planning Board if the respective standards of this section are met:
(a)
Drive-in windows or facilities for financial institutions are permitted as conditional uses provided that:
(1)
The applicant shall demonstrate that there is sufficient space on the site to provide for the line of waiting vehicles that may reasonably be expected; and
(2)
Reports shall be received from the Planning Consultant and Police Department regarding traffic safety and that any recommendations in such reports as to measures to increase safety shall be considered the Planning Board and may be made a condition of approval.
(b)
Motor vehicle service stations and public garages for the rental of storage space for more than five motor vehicles are permitted as conditional uses provided that:
(1)
No part of the premises is within 500 feet of any lot containing a school, hospital, church, or public library; and
(2)
Reports shall be obtained from the Planning Consultants and the Police Department regarding traffic safety and any recommendations in such reports as to measures to increase safety shall be considered by the Planning Board and may be a condition of approval.
(c)
Helistops, (as defined in Subsection 23-3.1), are permitted as conditional uses provided that each such helistop is:
(1)
Accessory to a permitted principal use;
(2)
Located no higher than 50 feet above sea level;
(3)
Located below the North Weehawken View Plan, (as defined in Subsection 23-3.1), if the Helistop is located north of the King's Bluff Dividing Line;
(4)
Located so as to minimize noise impact on the planned development and the remainder of the Township;
(5)
Located no less than 1,000 feet from any other helistop; and
(6)
Approved by all other appropriate governmental authorities having jurisdiction.
(d)
Heliports, (as defined in Subsection 23-3.1), are permitted as conditional uses provided that:
(1)
No part of the heliport or its accessory structures or uses is north of the King's Bluff Dividing Line or within 200 feet thereof;
(2)
No landing pad shall be within 1,000 feet of any property zoned or used for residential purposes.
(3)
No accessory service structure shall be within 800 feet of any property zoned or used for residential purposes;
(4)
The regular take-off and landing patterns are over the Hudson River;
(5)
No helicopter having a length overall of greater than 50 feet shall be permitted to use the heliport except in an emergency; and
(6)
The location is approved by all other appropriate governmental authorities having jurisdiction;
4.
Prohibited uses. The following uses are expressly prohibited:
d.
Lot and bulk regulations and design standards. Plot and lot sizes and dimensions, and the location and height of buildings, if meeting the standards of this chapter, may be freely disposed and arranged provided the construction conforms to a site plan, approved by the Planning Board pursuant to Chapter 22, Land Development Review. In reviewing and approving all plans, the Planning Board may utilize, in addition to the standards set forth herein, the standards of the subdivision, zoning or site development plan review regulations as well as the opinions of the Township Engineer, the Township Planning Consultant and the Township Water or Sewer Consultants. The Planning Board shall have full power to require modifications when considering plans for preliminary approval submitted by the applicant.
Except when otherwise varied by the Planning Board for a planned development in accordance with the criteria and standards of this chapter, the minimum bulk and lot regulations shall be as set forth in Schedule "A" attached to and made a part of this chapter.[1]
[1]
Editor's Note: The Schedule of Lot and Bulk requirements referred to as Schedule A can be found as an attachment to this chapter.
e.
Minimum and maximum use areas. Each planned development shall have at least the following minimums, and no more than the following maximums, devoted to the uses as hereinafter set forth:
[Amended 12-11-2019 by Ord. No. 32-2019; 11-22-2021 by Ord. No. 16-2021]
Use: Common Open Space |
South of the Kings Bluff Dividing Line: |
Minimum: 20% of the Development Area |
Maximum: No Maximum. |
North of Kings Bluff Dividing Line: |
Minimum: 30% of the Development Area. |
Maximum: No Maximum. |
Use: Residential |
South of the Kings Bluff Dividing Line: |
Minimum: 250 Dwelling Units. |
Maximum: Eight hundred fifty (850) Dwelling Units; provided, however, that the residential units on the Hamilton Cove site (800 Harbor Boulevard, Block 34.03, Lot 4.01), on the Pier D site (1500 Harbor Boulevard, Block 34.03, Lot 4.05), in the proposed development of not to exceed 261 units on the ATIR site (200 Harbor Boulevard, Block 34.03, part of Lot 2.03 and Lots 1.01 & 1.02), in the proposed development of not to exceed 150 units on the 400 Harbor Boulevard Site (Block 34.03, Lot 2.03, also known as Site C), and in the proposed development in the Estuary IV Phase (on Block 34.03, Lot 4.28, a/k/a Estuary D site), of not to exceed 180 units, or such greater number, as may be determined to be appropriate by the Board, provided that the developer does not make application for a hotel thereon, but which number shall in no event exceed 269 units, shall not count against the total number of residential units permitted in the planned development; and provided further however, the square footage of the excluded residential units for these listed five parcels, Hamilton Cove, Pier D, ATIR, Site C and Estuary IV, shall count in determining whether a proposed project remains within the limitation on the total amount of square footage approved for the planned development. The total Gross Floor Area approved by the Planning Board in the March 17, 2009, Resolution approving the Eighth Amendment to Preliminary Approval and Amended Phase II Final Planned Development Approval, that is 3,120,127 square feet, shall be the maximum permitted density that the Planning Board has authority to approve for the Planned Development, unless the Planning Board shall determine that certain incentives provided in the future would allow the Board to approve an increase in that number, based on the SW/PD Criteria and Standards. For clarification, nothing in the Master Redevelopment Agreement dated May 19, 2017, that was entered into by and between Hartz Mountain Industries, Inc., and the Township of Weehawken, which agreement was a necessary prerequisite for the Financial Agreements approved by the Weehawken Governing Body and was not controlling as to land use and building requirements permitted under the Zoning Ordinance, shall provide a justification to increase that square footage. Nothing in the above paragraph with respect to the maximum number of units referenced for the projects for which the Planning Board has not yet approved development applications is controlling with regard to proposed development; those development applications will be subject to all of the other limitations and requirements in the SW/PD Criteria and Standards. |
North of the Kings Bluff Dividing Line: |
Minimum: 500 Dwelling Units. |
Maximum: As set forth in Subsection 23-10.4, paragraph 1. |
In order to effectuate more fully the purposes and intents of this ordinance, the Other Lots Redevelopment Plan, is hereby amended to eliminate the additional hotel envisioned thereby, with a total of 232 rooms having been envisioned under the Master Redevelopment Agreement dated May 19, 2017, that was entered into by and between Hartz Mountain Industries, Inc., and the Township of Weehawken, to be developed on Block 34.03, Lot 4.28.
f.
Floor area. The regulations for determining the permitted floor area for planned development are as follows:
1.
Floor area ratio permitted without incentives. Subject to other requirements of this chapter, the maximum floor area ratio of a planned development without the incentives set forth in subparagraphs 2 and 3 shall be:
(a)
0.25 over all land, including land under water out to the pierhead line of the Hudson River, in the planned development; plus
(b)
0.60 over all land above water and piers existing in the planned development, provided, however, that piers removed but replaced prior to the date of application for preliminary approval of a planned development shall not be counted twice for purposes of any floor area ratio.
2.
Floor area increases permitted with "As Of Right" Incentives: In addition to the floor area ratio permitted by subparagraph f1 of this subsection, the following increases in floor areas shall be permitted by the Planning Board upon compliance with the conditions of the following paragraphs:
(a)
Floor area ratio increase for the creation of new land. If a developer of a planned development creates new land by filling, piering, or creating platforms over the Hudson River in a manner permitted by law, the floor area ratio, measured over such new land, shall be 3.75 but in no event shall the aggregate floor area permitted under this incentive exceed 4,000,000 square feet in the entire Planned Development District.
(b)
Floor area ratio increase for the donation to, and acceptance by, the Township of Weehawken of Open Space uplands. If a developer of a planned development donates to the Township Open Space uplands which are accepted by the Township, the floor area ratio, measured over such donated and accepted uplands, shall be spread over, and added to, the balance of the lands within the planned development such that the aggregate floor area permitted within the planned development area prior to such uplands donation and acceptance shall be equivalent to the aggregate floor area permitted within the reduced area of the planned development after such uplands donation and acceptance and the subtraction of the area of such uplands donation and acceptance from the planned development.
[Added 6-23-2021 by Ord. No. 10-2021]
(c)
Repealed.
(d)
Floor area increase for creation of special pedestrian access to a planned development. If a developer creates motorized means of vertical transportation (such as, but not limited to, elevators or escalators) between Boulevard East or a plaza connected thereto and the ground level of a planned development, the floor area ratio in the development shall be increased by 0.05 measured over the development area.
(e)
Floor area increase for affordable housing. If the developer of a planned development creates new low and moderate income units in the planned development, rehabilitates low and moderate income units elsewhere in Weehawken, or makes contributions to the Housing Trust Fund for Low and Moderate Income Units such that the total number of low and moderate income units created, rehabilitated or subsidized is greater than the number of low and moderate income units required by the provisions of § 23-10B, the floor area of the planned development shall be increased by 2,500 square feet for each unit of such low and moderate income housing in excess of the number required by § 23-10B, provided however, that in no event shall the additional floor area ratio allowed for such affordable housing exceed 0.2 measured over the development area.
3.
Floor area increases permitted with "discretionary" incentives.
(a)
The Planning Board may, in its discretion, permit an increase in the floor area of a planned development if the developer thereof provides public or quasi-public land, (other than that otherwise required under any other section of this chapter), or facilities such as, but not limited to schools, municipal offices, fire stations, police stations, hospitals, swimming pools, tennis courts or other public recreation facilities, parking spaces for Weehawken residents other than those living in the planned development, view plazas, or other similar facilities.
(b)
In no event shall the aggregate increase in floor area ratio for all such facilities exceed 0.30 measured over the development area.
(c)
In determining the floor area increase for each such facility for which an incentive is herein allowed, the Planning Board shall consider: (1) the value of the facility to the Township; (2) the estimated cost of the facility to the developer; and (3) such other factors as the Planning Board may deem relevant.
4.
Overall limitation on the floor area ratio of a planned development. In no event shall the aggregate floor area ratio of a planned development exceed 1.85 measured over the development area. For clarification, nothing in the master redevelopment agreement dated May 19, 2017, that was entered into by and between Hartz Mountain Industries, Inc., and the Township of Weehawken, which agreement was a necessary prerequisite for the financial agreements approved by the Weehawken governing body and was not controlling as to land use and building requirements permitted under the Zoning Ordinance, shall provide a justification to increase that square footage.
[Amended 12-11-2019 by Ord. No. 32-2019]
5.
In calculating the floor area, the square footage of the residential units that have been determined not to be included in the maximum number of dwelling units under § 23-10.4e, above, once developed, shall be included in the calculation of the amount of floor area for the purposes of determining the maximum permitted floor area.
[Added 12-11-2019 by Ord. No. 32-2019]
g.
Height. The following regulations shall control the height of all buildings, structures and signs in the Planned Development District:
1.
North of the King's Bluff Dividing Line.
(a)
No building, rooftop structure, other structure or sign located north of the King's Bluff Dividing Line but south of the southerly boundary of the North Weehawken View Plane shall have a height greater than 50 feet above sea level.
(b)
No building, rooftop structure, other structure or sign located north of the southerly boundary of the Weehawken View Plane and south of the easterly prolongation of the center line of Cooper Place shall penetrate the North Weehawken View Plane.
(c)
No building, rooftop structure, other structure or sign located north of the easterly prolongation of the center line of Cooper Place shall penetrate the Palisades Plane.
(d)
Any rooftop that is visible from the view elevation (as defined in Subsection 23-3.1) shall be appropriately landscaped or otherwise improved or beautified in a manner satisfactory to the Planning Board. Such rooftop areas shall not be included as common open space. The Planning Board may require the applicant for a planned development to landscape, improve or otherwise beautify any rooftop that is visible from any portion of the Township lying within the Planned Development District, and may, in its discretion, allow such rooftop areas to be included as common open space. In making its determination as to the quality of rooftop landscaping, improvement or beautification required, the Planning Board shall consider the size and scale of the buildings in the planned development, the extent to which rooftops are visible from both within and without the district, the visual impact of the rooftops on the views from the Palisades and the visual impact of the rooftops on views of the Palisades.
(e)
No building, rooftop structure, other structure or sign located north of the King's Bluff Dividing Line shall penetrate the Old Glory Park Harbor View Plane.
2.
South of the King's Bluff Dividing Line.
(a)
Except as otherwise expressly permitted by this section, no building, structure or sign (excluding any other accessory structures such as, but not limited to, mechanical penthouses, T.V. antennas, water towers and the like) located south of the King's Bluff Dividing Line shall be greater than 50 feet in height.
(b)
Clarifying and confirming the already existing buildings over 50 feet and the plans for future redevelopment, and taking into consideration the need of, and restrictions providing for, view corridors between buildings, the maximum height limits shall be as follows: i) the 160-foot limit as addressed in Ordinance 27-2016[2] for certain residential development on Block 34.03, Lot 4.01, shall also be the limit on the portion of Block 34.03, Lot 2.03 and Lots 1.01 and 1.02, which was the subject of the proposed development application, commonly referred to as the "Atir site"; ii) development (residential or commercial) on the properties that are the subject of the conservation easement imposed by NJDEP and recorded in Deed Book 6034, in which Exhibit A begins at page 130, shall be controlled by that NJDEP easement; iii) residential buildings already developed on the following two piers which are part of the planned development shall be limited by the stated height of the existing buildings, that is [Riva Point/Pier H (66 feet plus clock tower) and 1500 Harbor Boulevard/Pier D (79 feet)]; similarly the existing two garages located on Block 34.03, Lot 4.03 and on Lot 4.27 and part of Lot 4.28, shall be limited by the height of those existing garage buildings, that is 66 feet and 55 feet, respectively; iv) if a residential building is proposed for Block 34.03, Lot 2.03, in lieu of the commercial building already approved for that property (Site C), it shall be no greater than the height permitted for commercial development on that lot as described below; v) not more than the two existing commercial buildings located at 1000 and 1200 Harbor Boulevard which have a height of 160 feet, and not more than four commercial buildings having a height greater than 50 feet but less than 110 feet (these four buildings include the existing two hotel buildings located on Block 34.03, Lot 2.03, and the approved commercial building for the location 400 Harbor Boulevard, also a part of Block 34.03, Lot 2.03). All such measurements authorized by this Subsection g2(b) shall be made from grade. Buildings with such heights shall be permitted in all planned developments south of the King's Bluff Dividing Line, provided that no such building:
[Amended 12-11-2019 by Ord. No. 32-2019]
(c)
Provision shall be made for appropriate landscaping or screening of roofs and roof structures.
(d)
No building, rooftop structure, other structure or sign located south of King's Bluff Dividing Line shall penetrate the Old Glory Park Harbor View Plane.
(e)
Notwithstanding the other provisions of Subsection 23-10.4g(2)(b), the following provisions shall apply to those portions of Lot 4.21 shown as cross hatched on Exhibit A annexed hereto and made a part hereof:
(1)
Subject to the provisions of paragraph (3) hereafter, one building containing principally permitted nonresidential uses may have a height (including any other accessory structures such as, but not limited to, mechanical penthouses, T.V. antennas, water towers and the like) greater than 50 feet, but not more than 160 feet, provided that the width of such building shall be not more than 150 feet wide measured perpendicular to the Kings Bluff Dividing Line.
(2)
Subject to the provisions of paragraph (3) hereafter, buildings which principally contain dwelling units and accessories thereto may have a height (including any other accessory structures such as, but not limited to, mechanical penthouses, T.V. antennas, water towers and the like) greater than 50 feet, but not more than 85 feet, provided that:
i.
The width of each such building having a height greater than 50 feet shall be not more than 80 feet wide measured perpendicular to the Kings Bluff Dividing Line;
ii.
The minimum distance between such buildings having a height greater than 50 feet, shall be not less than 100 feet measured perpendicular to the Kings Bluff Dividing Line; and
iii.
At least one acre of land across Harbor Boulevard from Lot 4.22 as shown on Exhibit A annexed hereto and made a part hereof shall be common open space devoted to passive and active park purposes or accessory uses thereto, open to the public.
(3)
In no event shall any building exceed the height set forth in that certain Conservation Easement dated June 27, 2002 and recorded in the Office of the Hudson County Clerk/Register at Deed Book 6034, Page 127.
h.
Prohibited locations of buildings.
1.
Palisades preservation setback. Except for a special entry building and other facilities permitted under Subsection 23-10.4, paragraph i2, no building, structure or sign shall be permitted in any portion of the Planned Development District lying west of the Conrail right-of-way south of the center line of 48 Street projected easterly. North of the center line of 48 Street projected easterly, no building, structure, or sign, except for a special entry building and such other facilities described above, shall be permitted in any portion of the Planned Development District lying west of a line drawn 350 feet easterly from, and parallel to the center line of Boulevard East.
2.
Limited build zone. A Limited Build Zone is hereby established from the southerly line of the North Weehawken View Plane to the easterly projection of the center line of 48 Street, which Limited Build Zone shall extend from the westerly line of the Conrail right-of-way 70 feet in an easterly direction. In the Limited Build Zone 50% of the lineal footage shall be limited to buildings of a height of no more than 70 feet above sea level. In the 70 feet height limit zones landscaped roofs or such other innovative rooftop and attendant beautification which shall effectively integrate the structures and the Limited Build Zone with the natural landscape of the Palisades Preservation shall be required. In the view corridors, the height shall be limited to no more than 50 feet above sea level. The permitted 50% of the lineal footage in which the height shall be limited to 70 feet above sea level shall include all of the lineal footage of the Limited Build Zone between the southerly side of Duer Place prolonged easterly and the northerly side of Eldorado Place prolonged easterly.
3.
Minimum distances between buildings.
(a)
Except as otherwise provided in this chapter, the distance between buildings shall be at least 60 feet at street level and at least 100 feet at an elevation of 100 feet above the street level.
(b)
In a planned development north of the King's Bluff Dividing Line, there shall be an east-west view corridor at least 60 feet wide at street level along every east-west street in the planned development. In addition, for the portions of buildings at an elevation of 80 feet or more above street level, there shall be a distance of at least 50 feet from those portions to the center line of the view corridor.
(c)
In the Planned Development District north of the southerly boundary of the North Weehawken View Plane, there shall be:
(1)
The Old Glory Park View Corridor;
(2)
The Fifty-First Street View Corridor; and
(3)
Other view corridors in the area governed by the Palisades Plane such that the total width of the view corridors in that area (including the Old Glory Park View Corridor and the Fifty-First Street View Corridor) shall not be less than 250 feet at grade level; and
(4)
Other view corridors such that the total width of all such view corridors, (including the Old Glory Park View Corridor, the Fifty First Street View Corridor and all other view corridors in the area governed by the Palisade Plane), shall be not less than 1,150 feet at grade level.
To the extent practicable, view corridors shall be provided at intervals of not more than 600 feet, center line to center line.
i.
Common open space.
1.
General provisions.
(a)
Except as otherwise provided herein, parks, playgrounds, natural areas, landscaped areas, conservation areas, waterfront areas and waterfront easement areas designated in a planned development site plan as common open space, either deeded to the municipality or county or reserved for residents or employees of the Planned Development shall be considered common open space;
(b)
Required recreation spaces to serve residents as required by Subsection 23-10.4.1 shall not be considered common open space;
(c)
Ponds within land areas existing at the time of application for preliminary approval of a planned development may be considered as common open space provided that the area of such ponds is not included within the priority areas in Subsection 22-10.2 of the Land Development Review Ordinance; and
(d)
Water areas may, in the discretion of the planning board, be considered as common open space provided that all of the following conditions are met:
(1)
The area of such water shall not have been included within priority areas in Subsection 22-10.2 of the Land Development Review Ordinance;
(2)
Such water areas shall not be more than 10% of the required common open space;
(3)
Such water areas must be located west of the present shoreline as shown on the map entitled "Proposed Zoning Map, Township of Weehawken" prepared by Planning Association of North Jersey in August 1974 and revised through December 8, 1986 and filed with the Township Clerk; and
(4)
Such water areas must be used solely as landscape elements.
(5)
Water areas for the dockage of vessels shall not be considered common open space. Areas for dockage of vessels shall include all areas where ships and boats, either for pleasure or commercial use, are permitted to remain tied or made fast to any dock, slip, pole or structure for any period of time;
(e)
Any open space land area less than 20 feet in its least dimension shall not be included in calculating the required common open space area;
(f)
Any area of piers less than 10 feet in its least dimension shall not be included in calculating required common open space area;
(g)
Any area of land or piers less than 100 feet long shall not be included in calculating required common open space area;
(h)
The aggregate of all open space land and pier areas that are less than 50 feet wide or less than 5,000 square feet in area shall not be more than 25% of the remaining required common open space after deducting from the total common open space: (i) the land areas on top of the Palisades and the cliff face described in Subsection 22-10.2, paragraph b1 and 2; and (ii) the aggregate of developed open space and quality passive open space required by Subsection 23-10.4, paragraph i4.
(i)
The required waterfront walkway described in Subsection 23-10.4, paragraph a5, shall not be included as common open space.
(j)
The required common open space shall not include any open space that is restricted in its enjoyment to particular owners, tenants, and occupants of the Planned Development or their respective employees, licensees or invitees.
(k)
The following public parking requirements shall be included among the standards within the Planned Development, in addition to any other more specific conditions or requirements that may be set forth elsewhere in this section with respect to parking: the planned development shall include at least 200 surface and/or structured parking spaces which shall be made available to the public permanently, which shall be free of charge for a period of four consecutive hours. The locations and any other conditions of all such required parking shall be as approved by the Planning Board.
[Added 12-11-2019 by Ord. No. 32-2019]
(l)
The following Weehawken resident parking requirements shall be included among the standards within the Planned Development, in addition to any other more specific conditions or requirements that may imposed by the Board: in addition to the public parking required pursuant to Subsection i1(k), at least 70 contiguous surface and/or structured parking spaces shall be made available free of charge, to be dedicated permanently, accessible to and reserved for the use of those residents of Weehawken who do not live or work in the Planned Development. The locations and any other conditions of all such required parking shall be as approved by the Planning Board.
[Added 12-11-2019 by Ord. No. 32-2019]
2.
Palisades reservation area. The common open space shall include those areas designated as "Public or Private Open Space" on the Township of Weehawken Land Use Plan dated April 1976, prepared by the Planning Association of North Jersey and adopted by the Weehawken Planning Board, except that common open space need not include that portion of a special entry building (hereinafter defined) located within such designated area.
Such common open space shall be held, or dedicated to the public, upon such terms, approved by the Planning Board or other governmental authority having jurisdiction, as will most effectively preserve the beauty of the Palisades and the continued public enjoyment of the vacant areas at the top of the Palisades east of Boulevard East within the Planned Development District.
In the Palisades Reservation Area, existing roads may be improved, widened or relocated so as to facilitate access to a planned development and street fixtures and landscaping elements appurtenant to such a roadway may be constructed. Pedestrian facilities (such as but not limited to walkways, stairways, elevators, or funiculars), open to the public without charge may be built in the Palisades Reservation Area.
In that portion of the Palisades Reservation Area lying north of the easterly prolongation of the center line of Cooper Place, a "Special Entry Building" may be constructed under the following conditions:
(a)
Such a special entry building shall contain means of vertical public transportation, (such as but not limited to elevators or escalators) from the level of Boulevard East to the ground level of the planned development.
(b)
The special entry building shall not be higher in elevation than the Palisades Plane and shall have a landscaped plaza at the Boulevard East level, open to the sky.
(c)
From the plaza of the special entry building, a pedestrian shall have an unobstructed view, at least 150 feet wide, of the New York City skyline and the shoreline of the Hudson River. The area of such plaza shall be part of the common open space required in a planned development.
(d)
The special entry building may, with the approval of the Planning Board, contain any or all of the following:
(e)
Satisfactory provisions shall be made for perpetual public access to the facilities of the special entry building and for maintenance of all common spaces contained therein.
4.
Developed open space.
(a)
For each 200 square feet of floor area in each planned development north of the Kings Bluff Dividing Line, at least 25 square feet of the required common open space shall be:
(1)
Developed open space in contiguous parcels that are reasonably accessible both from the Planned Development and other portions of the Township and that are open for use by the residents, tenants and occupants of the planned development and other residents of the Township; or
(2)
Quality passive open space; provided that in no event shall the aggregate of the quality passive open space utilized to meet the requirements of this paragraph (a) exceed, in any planned development, five square feet for each 200 square feet of floor area in the Planned Development.
(b)
The construction of such developed open space may be staged in accordance with a plan to be approved by the Planning Board in connection with site plan approval provided that:
(c)
In determining whether an applicant has met the requirements of this Subsection 23-10.4, paragraph i4, the Planning Board shall have the right to permit the substitution of other public use facilities (either within the Planned Development or elsewhere in the Township) for the required developed open space provided that:
(1)
No substitute public use facilities shall be permitted in lieu of the required quality passive open space provided under Subsection 23-10.4, paragraph i4(a) in the Planned Development; and
(2)
The Planning Board, in its discretion, determines that: (i) the common open space provided in the planned development meets the minimums set forth in Subsection 23-10.4, paragraph e; and (ii) the developed open space theretofore provided in the Planned Development District is sufficient to meet the needs of the Planned Development and the Township.
5.
Dedicated developed open space. In each planned development north of the Kings Bluff Dividing Line, the applicant may meet its requirement for developed open space by providing dedicated developed open space, if:
(a)
The improvement plans for the developed open space are satisfactory to the Planning Board. In making any such determination, the Board shall consider the following standards:
(1)
The dedicated developed open space shall be accessible to residents of the Planned Development and the Township;
(2)
The improvements proposed for the dedicated developed open space shall be of appropriate quality and design to make it usable and enjoyable to the residents, tenants, and occupants of the Planned Development and residents of the Township;
(3)
The dedicated developed open space shall include improvements designed to address the recreational needs of the Township; and
(4)
The improvements shall be of substantial quality and design and constructed in a manner that will minimize as much as practical, maintenance and repair expenses.
(b)
The applicant for the Planned Development shall undertake, as a condition of preliminary approval, to construct and complete the approved improvements of the dedicated developed open space in accordance with the approved plans and an approved staging plan and shall provide appropriate performance guarantees therefor;
(c)
The Township Council shall agree to accept such dedicated developed open space when the improvements have been completed; and
(d)
Upon completion of the improvements the approved dedicated developed open space shall be dedicated to the Township or other designated governmental authority in a manner approved by the Township Council.
j.
Off-street parking and loading. All regulations governing parking and loading areas set forth in Subsections 23-9.2 through 23-9.15, as amended, shall be applicable to a planned development except that the number of parking spaces for office use shall be one space for every 300 square feet of floor area. In lots or garages of 300 spaces or more, up to 30% of the spaces may be nine feet by 17 feet in size.
In approving a planned development, the Planning Board shall modify the number of required parking spaces to take into account the capacity of mass transit facilities for the planned development. In no event however shall the number of parking spaces be reduced to less than one space per 1,000 square feet of office space or one space per dwelling unit.
Remote site parking shall be encouraged and parking in such remote sites shall be included in determining compliance with parking requirements under this section, provided that arrangements satisfactory to the Planning Board have been made to assure that such parking will remain available for the planned development.
k.
Landscaping in parking areas. Any parking area, (including, but not limited to, parking areas on the upper deck of parking garages) in a planned development that is visible from the view elevation shall be appropriately landscaped or otherwise improved or beautified in a manner satisfactory to the Planning Board. The Planning Board may require the applicant for site plan approval of a parking area in a planned development to landscape, improve or otherwise beautify any parking area that is visible from any portion of the Township lying within the Planned Development District. In making its determination as to the quality of the parking area when such landscaping, improvement or beautification is required, the minimum standard for such landscaping, beautification or improvement shall be one shade tree designated on the list for urban shade trees promulgated by the New Jersey Shade Tree Federation for each 10 parking spaces in the parking area. At least 5% of the parking area shall be landscaped. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays, or in diamonds between parking stalls. All landscaping in parking areas shall be placed so that it will not obstruct sight distance. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs or ground cover or covered with mulch.
l.
Special regulations for residence. Residences are permitted as part of a planned development under the following conditions:
2.
Conditions applicable south of the king's bluff dividing line. In all planned developments south of the King's Bluff Dividing Line:
3.
Conditions Applicable North of the King's Bluff Dividing Line. In all planned developments north of the King's Bluff Dividing Line:
[Amended 6-23-2021 by Ord. No. 10-2021]
[Ord. No. 18-2001, § 1]
The purpose of this section is to amend Chapter 23 of the Township Code of the Township of Weehawken entitled Zoning to include the regulation of cellular communication antennas located within the Township of Weehawken. The goal of this section is to establish general guidelines for the siting of cellular antennas and to:
a.
Restrict the location of antennas to nonresidential areas;
b.
Minimize the total number of antenna locations throughout the Township;
c.
Encourage strongly the joint use of new and existing antenna sites;
d.
Encourage users of antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
e.
Encourage users of antennas to configure them in a way that minimizes the adverse visual impact of the antennas;
f.
Enhance the ability of the providers of telecommunications service to provide such services to the community quickly, effectively and efficiently;
g.
Consider the public health and safety of communication antennas;
h.
Encourage the use of existing structures for antennas.
In furtherance of these goals, the Township of Weehawken should give due consideration to the Township of Weehawken master plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of antennas.
[Ord. No. 18-2001, § 2]
As used in this section, the following terms shall have the meanings indicated:
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. Satellite dishes shall not be included within this definition.
The lines that connect a provider's cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
When two or more receiving and/or transmitting facilities are placed together in the same location or on the building or structure.
The Federal Aviation Administration.
The Federal Communication Commission.
When referring to an antenna or other structure, the distance measured from ground level to the highest point on the structure, even if said highest point is an antenna.
Any antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted antennas that have not yet been constructed so long as such approval is current and not expired.
Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals.
Any structure that is designated and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
Township of Weehawken, County of Hudson, State of New Jersey.
The governing authority of the Township of Weehawken.
[Ord. No. 18-2001, § 3]
a.
New antennas. All new antennas in the Township of Weehawken shall be subject to these regulations, except as provided in Subsection 23-10A.4, paragraphs f and g.
b.
Amateur radio antennas. This section shall not govern any tower, or the installation of any antenna, that is under seven feet in height and is owned and operated by a federally-licensed amateur radio station operator.
c.
Preexisting antennas. Any antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection 23-10A.4f and g. Any such antenna shall be referred to in this section as "preexisting antennas." This exception shall not apply to any expansion or intensification of said preexisting antenna.
d.
Government agencies. Communication antennas owned, operated or used by the Federal, State, County or Municipal governments shall be exempt from the requirements of this section.
e.
One and two-family dwellings. The provisions of this section do not apply to antennas constructed on one and two-family dwellings that are for personal use.
[Ord. No. 18-2001, § 4]
a.
Principal or accessory use. All antennas shall be considered principal uses.
b.
Prohibited structures. Wireless telecommunication towers are prohibited. All antennas must be situated on existing buildings or structures.
c.
Inventory of existing sites. Each applicant for an antenna shall provide an inventory of its existing wireless communication facilities and antennas that are either within the jurisdiction of the Township or within one-quarter mile of the border thereof, including specific information about the location, height and design of each facility and/or antenna. The Township Departments may share such information with other applicants or organizations seeking to locate antennas within the jurisdiction of the Township, provided, however, that the Township Departments are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
d.
Aesthetics. The antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
e.
Lighting. The antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the appropriate Township body may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
f.
State or federal requirements. All antennas must meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the State or Federal government with the authority to regulate antennas. If such standards and regulations are changed, then the owners of the antennas governed by this section shall bring such antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling governmental or quasi-governmental agency. Failure to bring antennas into compliance with such revised standards and regulations shall require the removal of the antenna at the owner's expense.
g.
Building codes: safety standards. To ensure the structural integrity of the antenna and any accessory structures, the owner of the antenna shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable national, State and local standards for antennas as amended from time to time, If, upon inspection, the appropriate Township official concludes that an antenna and/or its accessory structures fail to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the antenna, the owner shall have 30 days to bring such antenna and/or accessory structures into compliance with such standards. If the owners fail to bring such antenna and/or accessory structures into compliance within 30 days, the antenna and accessory structures shall be removed at the owner's expense.
h.
Not essential services. 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.
i.
Franchises. Owners and/or operators of antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township have been obtained and shall file a copy of all required franchises with the Clerk of the Township of Weehawken who shall distribute copies of same to the Township Construction Official and Township Planning Department.
j.
Signs. No signs or other nonessential accouterments shall be allowed on any antenna with the exception of warning signs or other signs required by Federal, State or local law.
k.
Buildings and support equipment. Buildings and support equipment clearly related to the use of antenna shall be considered accessory structures. Buildings and support equipment associated with antennas shall comply with the accessory building setback requirements of the appropriate zoning district.
[Ord. No. 18-2001, § 7]
The following regulations and standards shall apply to all antennas:
[Ord. No. 18-2001, § 8]
a.
General procedures. No person shall construct or erect, or cause to be constructed or erected an antenna unless site plan approval is obtained from the appropriate Township board. The following provisions shall also apply:
1.
Applications for site plan approval under this section shall be subject to the procedures and requirements of § 22-8 of the Township's Land Development Review Chapter, except as modified in this section.
2.
In granting site plan approval, the appropriate Township board may impose conditions to the extent such board concludes such conditions are necessary to minimize any adverse effect of the proposed antennas on adjoining properties, or the community at large.
3.
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
4.
An applicant for site plan approval shall submit the information described in this section and a nonrefundable fee as established by the governing Township body, or pursuant to existing Township escrow fee regulations, to reimburse the Township for the costs of reviewing the application.
b.
Information required for site plan approval. In addition to any information required for applications for site plan approval pursuant to § 22-8 of the Township's Land Development Review Chapter, applicants for site plan approval for antennas shall submit the following information:
1.
A scaled site plan clearly indicating the location, type and height of the proposed antennas, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, elevation drawings of the proposed antennas and any other structures, parking, and other information as required by this and other Township ordinances to enable comprehensive review of the application.
2.
Survey of the property, signed and sealed by a surveyor licensed in the State of New Jersey, dated no earlier than 12 months prior to the date of the application.
3.
The distance between the proposed antennas and the nearest residential unit.
4.
If applicable, the method of screening and illumination.
5.
Identification of the entities providing the backhaul network for the antennas described in the application and other cellular sites owned or operated by the applicant in the municipality.
6.
A description of the suitability of the use of existing antenna sites, other structures or alternative technology not requiring the use of structures to provide the services to be provided.
7.
Line of sight analysis detailing the view of the proposed antenna from various directions and angles from adjacent residential areas. The analysis shall be utilized to determine screening requirements.
c.
Factors considered in granting site plan approval. In addition to any standards for consideration of site plan approval applications pursuant to § 22-8 of the Township Land Development Review Chapter and this Zoning Chapter, the appropriate Township board shall consider the following factors and make specific and separate written findings thereon in determining whether to issue site plan approval; although the appropriate Township board may waive or reduce the burden on the applicant of one or more of these criteria if the appropriate Township board concludes that the goals of this section are better served thereby:
d.
Availability of suitable existing structures or alternative technology. No new antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the appropriate Township board and said board makes specific and separate written findings thereon, that no existing structure with antennas or alternative technology can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the appropriate Township board related to the availability of suitable existing structures with antennas or alternative technology.
[Ord. No. 18-2001, § 9]
The equipment cabinet or structure used in association with antennas shall comply with the following:
a.
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 12 feet in height. The related unmanned equipment structure may be located within the principal structure.
b.
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.
c.
If the equipment structure is located on the roof of a building, it shall be appropriately screened.
d.
Equipment storage buildings or cabinets shall comply with all applicable building codes.
e.
The equipment cabinet or structure shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet.
[Ord. No. 18-2001, § 10]
Any antenna that is not operated for a continuous period of 12 months shall be presumed abandoned, and the owner of such antenna shall remove same within 30 days of being notified of such abandonment.
[Ord. No. 18-2001, § 11]
The provisions of this section will be enforced by the Township Zoning Officer, Township Construction Official and/or Township Land Use Director as appropriate.
[Ord. No. 9-1990, § 1; amended 12-23-2020 by Ord. No. 20-2020]
The Township Council, by way of implementation of the Housing Element of the Weehawken Master Plan, hereby determines that an affordable housing program should be established in the Township in order to:
a.
Provide housing opportunities for lower-income families in order to meet the existing and anticipated housing needs of such persons, maintain a socioeconomic mix in the community, provide a range of housing types dispersed throughout the community in a suitable living environment, and satisfy the community's obligation to provide a fair share of the region's housing needs;
b.
Assure that the lower-income units constructed under this program continue to remain available to lower-income households through controls on rental and resale prices;
c.
Provide that developments which create additional affordable housing demand within the Township, including commercial developments, share in the burden of providing such affordable housing; and
d.
Provide for increases in public facilities and other community benefits as may be determined by the Township Council, in its discretion, to be appropriate due to increases in demand therefor as the number of residential units and/or the resident population in the Township increases.
[Ord. No. 9-1990, § 1; Ord. No. 20-1991, § 1; amended 12-23-2020 by Ord. No. 20-2020]
The Township Council, by way of implementation of the Housing Element of the Weehawken Master Plan, hereby determines that an affordable housing program should be established in the Township in order to:
For purposes of this § 23-10B, the following words and phrases shall have the meanings herein stated:
Those controls established by the Affordable Housing Agency, not inconsistent with this section, designed to assure that lower-income dwellings remain available to lower-income households.
With respect to a dwelling unit for sale, shall mean a dwelling unit for which the household occupying it pays not more than 28% of gross aggregate family income for mortgage payments, property taxes, insurance and association fees and, with respect to a rental unit, shall mean a dwelling unit for which the household occupying it pays not more than 30% of gross aggregate family income for rent and utilities.
Any public facility or any improvement thereto, such as, but not be limited to, schools, recreational facilities, government offices, police stations, parking garages, transportation systems or facilities, roads, utility infrastructure and systems and the like.
A planned development under the provisions of Subsection 23-5.13 of this chapter.
The total annual income from all sources of all members of the household, as determined in accordance with rules and regulations promulgated by the Affordable Housing Agency.
That number of lower-income units which represents Weehawken's fair share of the regional need for lower-income units as determined by the Housing Element of the Weehawken Master Plan in accordance with any and all regulations promulgated, after giving effect to all adjustments and credits.
A trust fund created from contributions made pursuant to this section, to be administered by the Township Council for the purposes of providing and maintaining housing affordable to lower-income households, and as otherwise provided herein.
The United States Department of Housing and Urban Development, or its successor department carrying on similar functions.
A development in which at least 20% of the dwelling units are made affordable to lower-income households and are subject to affordability controls.
Eighty percent of the regional median income for a moderate-income household; and 50% of the regional median income for a low-income household.
A household with a gross aggregate income between 0% and 50% of the regional median income for the region, as adjusted for household size.
A dwelling unit affordable by a low-income household.
A low-income household or a moderate-income household.
A low-income unit or a moderate-income unit.
A household with a gross aggregate income between 50% and 80% of the regional median income for the region, as adjusted for household size.
A dwelling unit affordable by a moderate-income household.
Any residential or nonresidential construction in a planned development, pursuant to the Zoning Ordinance and Land Development Regulations of the Township.
Bergen, Hudson and Passaic Counties, in New Jersey.
The average median income published by HUD for the region.
Housing available to persons of low and moderate income, 62 years of age or older, to families of low or moderate income which consist of two or more persons and the head of which, or his spouse, is 62 years of age or older.
Those dwelling units in a development that are affordable to lower-income households and are subject to affordability controls.
Those utilities that are essential to the safe and sanitary operation of a household and shall include water, sewer, electric, gas and heat, but shall not include telephone or cable television.
[Ord. No. 9-1990, § 1; Ord. No. 20-1991, § 1; Ord. No. 2-2015 § 1; Ord. No. 21-2015 § 1; amended 12-23-2020 by Ord. No. 20-2020]
a.
Senior Citizens/Family Affordable Housing Agency.
1.
Creation and Composition. There is hereby created the Senior Citizens/Family Affordable Housing Agency of the Township of Weehawken (which may also be referred to as the Affordable Housing Agency or SCFAHA). These affordable housing regulations shall be administered, within the funding limits allocated by the Township Council, by the Senior Citizens/Family Affordable Housing Agency, which shall consist of all of the members of the Board of Trustees of the Weehawken Senior Housing Corporation (WSHC) and all of the members of the Board of Trustees of the Weehawken Senior Housing Rehabilitation Corporation (WSHRC) from time to time. The term of each member of the SCFAHA shall be coextensive with his or her term as a member of the WSHC or of the WSHRC, as the case may be, and therefore, shall terminate immediately upon the termination of his or her membership thereon; provided, however, that such member shall continue to serve in office as a member of the SCFAHA until a successor has been appointed and qualified. Vacancies shall be filled for the balance of an unexpired term only.
2.
Staff and Consultants. For the purposes of this section, the Affordable Housing Agency may employ or contract for and fix the compensation of such experts and other staff and services as it deems necessary. As is the case with all expenditures under the Township's Affordable Housing Program, whether or not specifically so stated in each instance, obligations for the foregoing shall not exceed the amounts appropriated for its use by the Township Council.
3.
Powers and Duties. The Affordable Housing Agency shall have the powers and duties established by this section, including, but not limited to, the following:
(a)
To create any rules and regulations which may be necessary to implement the objectives of these affordable housing regulations and which shall not be inconsistent with any other law, regulation or ordinance;
(b)
To qualify households for purchase or rental of affordable units, as set forth in Subsection 23-10B.7 of this section;
(c)
To review and administer any proposals submitted by developers for compliance with this section;
(d)
To report to the Township Planning Board as to the compliance of any development proposal with the provisions of the Township's Affordable Housing Program;
4.
Within the limits of appropriations made by the Township Council from the Housing Trust Fund, as set forth in Subsection 23-10B.9, and for those projects designated by the Township Council, the Affordable Housing Agency shall utilize funds of the Housing Trust Fund to provide housing affordable to low- and moderate-income households through new construction, rehabilitation of existing substandard units, purchase or whatever other techniques may be available and appropriate to further the objectives of this section; and
5.
To provide annual reports of all aspects of implementation of this section to the Township Council.
b.
Budget. For purposes of carrying out its duties under the Township's Affordable Housing Program, the Affordable Housing Agency shall annually prepare and present to the Township Council a proposed budget for the next calendar year. The budget shall be in such form, containing such itemization of revenues and expenses, as the Township Council shall prescribe and shall be submitted in a timely manner so as to allow for adequate consideration by the Township Council in connection with the municipal budget. The Township Council shall have the power to approve and/or modify the budget submitted by the Affordable Housing Agency from time to time.
c.
Reference to Affordable Housing Agency. Wherever in this or any other ordinance, or in the Administrative Code, of the Township of Weehawken reference is made to the Affordable Housing Agency, such reference shall be read to mean and refer to the Senior Citizens/Family Affordable Housing Agency (SCFAHA).
[Ord. No. 9-1990, § 1; Ord. No. 9-1997, § 2; Ord. No. 2-2015 § 2; amended 12-23-2020 by Ord. No. 20-2020]
a.
Residential Developments. The developer of any project creating new residential units, including previously constructed or partially constructed projects for which the affordable housing obligation related thereto, either in whole or in part, and to such extent thereof, has not been satisfied, shall be required to create as set-aside units, or to contribute in lieu, or by any combination thereof, pursuant to the following options, 20% of the number of such new residential units:
1.
To build up to 20% of the units as part of the development; or
2.
To rehabilitate an equal number of existing substandard units in the Township, on the certified list described in Subsection 23-10B.5 or, if no such units exist, to create set-aside units elsewhere in the Township, subject to the approval of the Affordable Housing Agency; or
3.
With the approval of the Affordable Housing Agency, to create an equal number of senior citizen housing units outside the development but elsewhere in the Township; or
b.
Nonresidential Developments. The developer of any new nonresidential project containing in excess of 50,000 square feet shall have an obligation to contribute to the Housing Trust Fund, as set forth in Subsection 23-10B.9.
[Ord. No. 9-1990, § 1; amended 12-23-2020 by Ord. No. 20-2020]
a.
Certification of Units.
1.
The Township Housing Inspector shall annually provide to the Affordable Housing Agency a certified list of dwelling units in the Township which do not meet housing code requirements and are thus substandard.
2.
Any units to be rehabilitated by a developer in lieu of building new affordable units shall be selected from the Affordable Housing Agency's certified list.
b.
Reservation of Rehabilitated Units. All units which are rehabilitated in lieu of providing new affordable units shall be reserved for sale or rent at prices affordable to low- and moderate-income households and shall be subject to affordability controls.
[Ord. No. 9-1990, § 1; amended 12-23-2020 by Ord. No. 20-2020]
a.
Bedroom Distribution. In any inclusionary development, the bedroom distribution among the low- and moderate-income units shall contain the following minimum and maximums:
b.
Range of Affordability for Purchased Housing.
1.
The average price of all low- and moderate-income units within any inclusionary development shall, as best as practicable, be affordable to households at 57.5% of regional median income.
2.
As best as practicable, the following distribution of prices for every 20 low- and moderate-income units shall apply in any inclusionary development:
(b)
Moderate-income units:
(1)
One at 50.1% through 57.5% of regional median income.
(2)
One at 57.6% through 64.5% of regional median income.
(3)
One at 64.6% through 68.5% of regional median income.
(4)
One at 68.6% through 72.5% of regional median income.
(5)
Two at 72.6% through 77.5% of regional median income.
(6)
Four at 77.6% through 80% of regional median income.
c.
Phasing. In any inclusionary development, low- and moderate-income units shall be phased in accordance with the following schedule:
Minimum Percentage of Low- and Moderate-Income Units Completed | Percentage of Market Housing Units Completed |
|---|---|
0% | 25% |
10% | 25% + 1 unit |
50% | 50% |
75% | 75% |
100% | 90% |
100% |
[Ord. No. 9-1990, § 1; amended 12-23-2020 by Ord. No. 20-2020]
a.
Length of Controls; Developer's Assurances; Certification of Compliance.
1.
The low- and moderate-income units provided under this section shall be subject to affordability controls on rents and resales for a period of 20 years after issuance of the first certificate of occupancy, with the following exceptions:
(a)
Rehabilitated owner-occupied single-family housing units that are improved to code standard shall be subject to affordability controls for at least six years;
(b)
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years; and
(c)
Housing units created through conversion of a nonresidential structure or through new construction in municipalities receiving state aid pursuant to P.L. 1978, c. 14 (N.J.S.A. 52:27D-178 et seq.) that exhibit one of the characteristics delineated in N.J.S.A. 5:92-5.3(b) at the time of substantive certification shall be subject to affordability controls for at least 10 years.
2.
Each inclusionary development shall include in its development application assurances that purchasers and renters of lower-income housing shall qualify by income for the particular category of low- or moderate-income housing, pursuant to eligibility standards established by the Affordable Housing Agency under Subsection 23-10B.8a, and that on resale or reletting, subsequent purchasers or renters shall also meet the applicable standards. The subdivision and/or site plan for any inclusionary development shall not be approved by the Planning Board unless it complies with the provisions of this section and with the regulations of the Affordable Housing Agency pursuant to this section.
3.
No affordable housing unit shall be occupied unless a certificate of occupancy is issued therefor. No certificate of occupancy for an affordable unit shall be issued unless the Affordable Housing Agency has certified that the unit complies with the provisions of this section and that the purchaser or renter meets the eligibility standards which the Affordable Housing Agency has established pursuant to this section.
b.
Initial Pricing. The following criteria shall be considered in determining rents and sale prices:
c.
Price Increases. The price of an owner-occupied affordable housing unit and the rents of affordable housing units may increase annually based on the percentage increase in regional median income, or other recognized standard approved by the Affordable Housing Agency that applies to the rental housing unit.
d.
Resale Procedures. Persons wishing to sell affordable units shall notify the Affordable Housing Agency of the intent to sell. If no eligible buyer enters a contract of sale for the unit within 90 days of notification, the Affordable Housing Agency shall have the option to purchase the unit for the maximum price permitted based on the regional increase in median income as defined by HUD or other recognized standard approved by the Affordable Housing Agency. If the Affordable Housing Agency does not purchase the unit, the seller may apply for permission to offer the unit to a non-income-eligible household at the maximum price permitted. The seller shall document efforts to sell the unit to an income-eligible household as part of this application. If the request is granted, the seller may offer low-income units to moderate-income households and moderate-income units to households earning in excess of 80% of median income. In no case shall the seller be permitted to receive more than the maximum price permitted. In no case shall a sale pursuant to this section eliminate the resale controls on the unit or permit any subsequent seller to convey the unit except in full compliance with the terms of this section.
e.
Eligible Capital Improvements. Property owners of single-family, owner-occupied affordable housing may apply to the Affordable Housing Agency for permission to increase the maximum price on account of eligible capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household. In no event shall the maximum price of an improved housing unit exceed the limits of affordability for the larger household. Property owners shall apply to the Affordable Housing Agency if an increase in the maximum sales price is sought.
f.
Effect of Foreclosure.
1.
A judgment of foreclosure or a deed in lieu of foreclosure by a financial institution regulated by state and/or federal law shall extinguish controls on affordable housing units provided there is compliance with N.J.A.C. 5:92-12.10. Notice of foreclosure shall allow the Affordable Housing Agency to purchase the affordable housing unit at the maximum permitted sale price.
2.
In the event of a foreclosure sale, the owner of the affordable housing unit shall be personally obligated to the Affordable Housing Agency for any surplus funds, but only to the extent that such surplus funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount due to the institution, including costs of foreclosure.
[Ord. No. 9-1990, § 1; amended 12-23-2020 by Ord. No. 20-2020]
a.
Eligibility; occupancy preference.
1.
For all inclusionary developments, the Affordable Housing Agency shall establish eligibility standards for persons wishing to purchase or rent affordable units. Such standards shall be consistent with the provisions of this section. The Affordable Housing Agency shall further establish procedures for administering eligibility to purchase and rent the affordable units.
2.
In order to address the objective of providing adequate, affordable housing opportunity to those who live and/or are employed in the Township, preference may be given to those who currently live in substandard units within the Township or who work in the Township and reside elsewhere.
b.
Affirmative marketing program.
1.
The Affordable Housing Agency shall have the primary responsibility for developing and implementing an affirmative marketing program which furthers the provisions of this section. The Affordable Housing Agency may itself develop the program or may require the developer to formulate a written affirmative marketing program. Affirmative marketing programs formulated by the developer shall be submitted to the Affordable Housing Agency for approval prior to implementation.
2.
The affirmative marketing program shall be realistically designed to ensure that low- and moderate-income persons are informed of the housing opportunities to be provided. It shall include advertising and other outreach activities realistically designed to reach low- and moderate-income persons who reside or work in the Township and the region.
3.
The developer shall be required to implement the affirmative marketing program, as formulated or approved by the Affordable Housing Agency, and shall furnish evidence of the marketing efforts to the Affordable Housing Agency.
[Ord. No. 9-1990, § 1; Ord. No. 9-1997, §§ 3 — 5; Ord. No. 15-2005, § 1; Ord. No. 21-2015 § 2; amended 9-28-2016 by Ord. No. 14-2016; 11-13-2019 by Ord. No. 31-2019; 12-23-2020 by Ord. No. 20-2020]
a.
Formation. The Township Council shall establish and maintain an Affordable Housing Trust Fund, to be funded by contributions from residential and nonresidential developers in lieu of set-aside units. The members of the Township Council, from time to time, shall serve as the trustees of the Affordable Housing Trust Fund and shall have such powers as are necessary and convenient to utilize the trust funds for the purposes of implementing the provisions of the Township's Affordable Housing Program, as contained in this section.
b.
Developers Contributions. Whenever, under Subsection 23-10B.4, a developer is required or permitted to contribute to the Affordable Housing Trust Fund, the amount of the contribution is to be determined as follows:
1.
A nonresidential developer required to contribute to the Housing Trust Fund shall make a contribution to such fund in the amount of 1% of the equalized assessed value of the nonresidential development.
2.
A residential developer electing to contribute to the Affordable Housing Trust Fund, in lieu of building low- or moderate-income housing, shall make a contribution of $120,000 in lieu of constructing each required low-income unit and $80,000 in lieu of constructing each required moderate-income unit, except that, with respect to units that have obtained building permits at any time from January 1, 2017, through December 31, 2020, the contribution shall be $100,000 in lieu of constructing each required low-income unit and $60,000 in lieu of constructing each required moderate-income unit and; provided, further, that any development which is not granted any exemption or abatement of real estate taxes shall be responsible to make discounted contributions of 80% of the amounts set forth hereinabove in lieu of construction for the units attributable to the development so abated or exempted.
c.
Timing of Contribution. A developer making a contribution to the Housing Trust Fund shall make such contribution as follows:
1.
For nonresidential developments, 50% of the estimated contribution to the Housing Trust Fund, based upon the then-estimate by the Tax Assessor of the equalized assessed value of the development, shall be paid at or before the issuance of the first building permit for the development; and the balance of the contribution to the Housing Trust Fund, based upon the final equalized assessed value of the development as determined by the Tax Assessor, shall be paid at or before the issuance of the first certificate of occupancy for the development.
2.
For residential developments, 50% of the total contribution shall be prorated among the total number of housing units in the proposed residential development and such prorated amount shall be paid at or before the issuance of a building permit for each unit. The balance of the required contribution shall be prorated among the number of housing units in the proposed residential development and such prorated amount shall be paid at or before the issuance of a certificate of occupancy for each unit.
d.
Deposit of Funds. The Township shall establish and maintain an account for the Housing Trust Fund in such bank licensed to hold trust funds in New Jersey as designated, in writing, by the Township Council for the purpose of receiving contributions from developers. All contributions paid by developers pursuant to this subsection shall be deposited into this fund.
e.
Use of Funds. Money deposited into the Housing Trust Fund may be used for any activity, project or purpose determined by the Township Council, including any community benefit to address the low- and moderate income housing and related needs of the Township of Weehawken. Such activities may include, but are not necessarily limited to: housing rehabilitation, new construction, regional contribution agreements, the roads and infrastructure for low- and moderate-income housing sites, assistance designed to render units more affordable to low- and moderate-income households, any public facility or any improvement thereto, such as, but not limited to, schools, recreational facilities, government offices, police stations, parking garages, transportation systems or facilities, roads, utility infrastructure and systems and the like, and administrative costs necessary to implement the Township's Housing Element and its affordable housing and related projects.
f.
Miscellaneous Provisions.
1.
Developers of at least 20% low- and moderate-income units in a residential development shall be exempt from paying Housing Trust Fund contributions.
2.
Developers that expand an existing structure by adding more than 5,000 square feet to a building in a previously approved development shall contribute to the Housing Trust Fund. The contribution shall be calculated based on the increase in the equalized assessed value of the improved structure.
[1]
Editor's Note: Any fees collected from developers prior to December 13, 1990, shall be retained by the Township pursuant to the rules and regulations of COAH regarding the retention of development fees.
[Ord. No. 9-1990, § 1; amended 12-23-2020 by Ord. No. 20-2020]
Failure of a developer to comply with the provisions of this section in the manner prescribed shall be cause for denial of certificates of occupancy to market-level dwelling units or to nonresidential buildings in the development for which such certificates have not already been granted.
[Ord. No. 4-1987, § 17-10A.1]
It is the purpose of this chapter to establish special land use development controls for portions of the Township in the vicinity of the Palisades Cliffs in order to:
a.
Preserve and enhance the Palisades as a prime natural resource;
b.
Protect people and property from potentially hazardous conditions due to grades and geology encountered in the vicinity of the Palisades Cliffs;
c.
Preserve a view of the cliffs as well as a view from the cliffs;
d.
Encourage innovative design solutions while concurrently employing the best natural resource management practices.
[Ord. No. 4-1987, § 17-10A.2]
a. BEDROCK CLIFF FACE CUT AND FILL DEVELOPABLE AREA HEIGHT OF BUILDING REGOLITH SIDE SLOPE SLOPE TOP OF CLIFF
As used in this section:
Continuous solid rock that underlies regolith, as hereinafter defined.
A sheer, nearly vertical slope of exposed bedrock. It shall be presumed, subject to rebuttal by competent evidence, that an area of land is "cliff face" if it is so designated on the map entitled "Zoning Map, Township of Weehawken, revised through November 1986" which is annexed hereto and on file in the office of the Township Clerk.
The excavating of rock fragments and mineral grains, including soil, in one place and depositing of it as fill in an adjacent place.
The area of a lot exclusive of any portion containing cliff face;
The vertical distance, in the case of a flat roof, to the level of the highest point of the roof and, in the case of a pitched roof, to the mean level between the eaves and the highest point of the roof, measured from the average finished grade level at the perimeter of the building that is adjacent only to a municipal right-of-way. In the case of a lot with frontage on more than one municipal right-of-way, the taller of the height calculations shall prevail as the established building height.
[Added 9-28-2017 by Ord. No. 15-2017]
The noncemented rock fragments and mineral grains, including soil, which overlie bedrock.
The section of a hill that is below the Talus Slope and generally of moderate or lesser gradient than the Talus Slope or cliff face.
The inclination of the surface of land from the horizontal.
The portion of a hill located above the cliff face, overlain with regolith, generally the plateau or hill crest.
[Ord. No. 4-1987, § 17-10A.3.1]
There is hereby established within the Township an area which shall be known as the Steep Slope District, in which land development and construction shall be subject to the special regulations contained in this section. The Steep Slope District shall include those portions of the R-1 (one family residence zone), R-2 (one, two and three-family residence zone), R-3 (one, two and three family residence zone including townhouses), R-4 (multi-family residence zone), B-2 (outdoor recreation zone) and Planned Development District, designated on a map entitled "Zoning Map, Township of Weehawken, Hudson County, New Jersey revised through November 1986" which is on file with the Township Clerk and which is hereby adopted by reference.
[Ord. No. 4-1987, § 17-10A.3.2]
Prior to construction, reconstruction, alteration or improvement of any buildings or the development or clearing of any lands located within the Steep Slope District, the owner or developer thereof shall first obtain a Steep Slope Permit in accordance with the regulations contained in this section. In the event the application is for a one or two-family dwelling, the Steep Slope Permit shall be issued by the Construction Code Official after consultation, if the Construction Code Official deems it necessary, with the Planning Board. All other Steep Slope Permit applications shall be reviewed and approved by the Planning Board as part of an application for site plan approval prior to issuance by the Construction Code Official of the Steep Slope Permit.
[Ord. No. 4-1987, § 17-10A.4]
All uses permitted in the zone in which the property is located shall be permitted in the Steep Slope District, provided, however, that the special density, coverage and procedural regulations and performance standards of this section shall apply to any such uses.
[Ord. No. 4-1987, § 17-10A.5]
The regulations of this section shall not supersede or replace the Planned Development Regulations specified in § 23-10 of this chapter, provided however that if a Planned Development involves the development of any land lying in a Steep Slope District, the procedural regulations of this section shall apply to any such development.
[Ord. No. 4-1987, § 17-10A.6]
a.
General formula. The maximum number of dwelling units permitted on any lot in the Steep Slope District shall be determined by multiplying the developable area of the lot (determined in accordance with paragraph b) by the otherwise permitted density (determined from Table 1 of paragraph c) and by the Density Factor (determined from Table 2 of paragraph e).
b.
Developable area. For purposes of calculating the maximum number of dwelling units permitted on a lot, the developable area shall include the area of the lot less any areas identified as cliff face.
c.
The otherwise permitted density. The otherwise permitted density for a lot shall be the number of dwelling units permitted on the lot in the zone district in which the lot is located without regard to the Steep Slope regulations. The otherwise permitted density for each zone district is summarized in the following Table 1:
Table 1 Density By Zone District | |
|---|---|
Base Zone | Maximum Dwelling Units/Acre |
R-1 | 9 |
R-2 | 17 |
R-3 | 35 |
R-4 | 40 |
B-2 | 0 |
d.
Calculation of the average slope. The average slope of a lot in the Steep Slope District shall be calculated by applying the following formula:
 |
Where: | ||
0.0023 | = | Conversion factor of square feet to acres; |
I | = | Contour interval; |
L | = | Total length of contour lines within the lot but not including any contour lines within an area of cliff face; and |
A | = | Area of the lot in acres, but not including cliff face. |
e.
Calculation of density. Once the average slope of the lot has been determined, the density factor shall be determined in accordance with Table 2 below:
Table 2 Slope and Density Factor | |
|---|---|
Average Slope % | Density Factor |
0.0 to 5.0 | 100% |
5.1 to 10.0 | 70% |
10.1 to 15.0 | 40% |
15.1 or more | 10% |
[Ord. No. 4-1987, § 17-10A.7]
In the Steep Slope District the ratios of maximum building coverage, maximum impervious surface, and minimum open space on the lot to the developable area of the lot shall be based upon the average slope of the lot in accordance with the following Table 3:
Table 3 | |||
|---|---|---|---|
Average Slope | Maximum Building Coverage | Maximum Impervious Surface (%) | Minimum Open Space (%) |
0.0 to 5.0 | 40 | 70 | 30 |
5.1 to 10.0 | 30 | 60 | 40 |
10.1 to 15.0 | 20 | 40 | 60 |
15.1 or more | 10 | 25 | 75 |
[Ord. No. 4-1987, § 17-10A.8]
For any land development application in the Steep Slope District, the following information shall be submitted in addition to any information required to be submitted under Chapter 22, Land Development Review, and Chapter 23, Zoning:
a.
A topographic map of the lot at a two-foot contour interval with the cross slope identified by measurement of those areas under 8%, eight to 8-15%, 16-25%, and over 26%.
b.
A physical description of the lot which shall include a technical summary of the site characteristics including a soils description and evaluation (i.e., loading-bearing capacity, erodability potential, depth to bedrock, seasonal high water table, etc.); a description of exposed rock if any exists on the lot; and a complete site description of existent vegetation (type, intensity and cover);
c.
Site grading and development data which shall include the type and location of development activity; procedures for grading, excavation, construction access, stockpiling; extent and phasing of construction; and cut and fill operations. The technical descriptions should also include an explanation of mitigating measures that will be employed to conserve and maintain the physical and aesthetic integrity of the lot;
d.
A land forms analysis showing the location and extent of the site's major landforms including the top of cliff, the cliff face, the side slope and the base of the slope. Any exposed cliff face shall be shown on the land forms analysis. The area in each landform category shall be calculated and shown on the land forms analysis.
Such information shall be submitted to the Construction Code Official in connection with the application for a one or two family dwelling and shall be submitted to the Planning Board in connection with all other applications for development.
[Ord. No. 4-1987, § 17-10A.9]
a.
Performance standards. Any application for development in the Steep Slope District shall comply with the following performance standards.
1.
Any exposed soils shall be stabilized both during and after construction and development;
2.
The number and extent of cuts shall be minimized to prevent groundwater discharge or ponding;
3.
The maximum number of trees and other vegetative cover shall be preserved;
4.
Soil and rock slippage shall be impeded, and any environmentally sensitive areas shall be protected;
5.
Improvements shall be designed to follow the natural contours of the land, and to provide the least disruption to the land form;
6.
Blasting shall not be conducted unless clearly necessary for site preparation, and, not before a permit is issued from the Bureau of Mine Safety. Blasting shall be conducted during daylight hours consistent with Municipal ordinances and State laws.
b.
Design and construction standards. Each application for development shall demonstrate that the following minimum criteria will be met:
1.
Cut and fill requirements.
(a)
The uppermost point of a cut slope shall not be higher than the top of the nearest downhill structure or building.
(b)
Vegetation shall be re-established on all exposed fill slopes. Exposed graded areas shall be mulched and seeded to provide a basic ground cover which will prevent erosion and permit revegetation. In the alternative, they may be riprapped and blended into the natural setting.
(c)
No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one foot for each two feet of horizontal distance between abutting lots, and may do so within a lot only where a stone or masonry retaining wall of sufficient height and thickness is provided to retain the graded bank.
2.
Grade requirements.
(a)
A grading plan shall include details of existing site contours at two foot intervals, terrain and area drainage; and provide elevations, or finished contours to be achieved by the grading.
(b)
Parking and walkways shall not be in excess of 6% unless some provision is made to ease pedestrian access either by ramps or steps.
6.
Design guidelines.
(a)
Structures shall be built on the lesser slopes. No structures shall be located on the cliff face.
(b)
Roads shall be primarily north-south to follow contours, to take advantage of winter sun melt and to reduce storm water runoff velocity.
(c)
The higher and lower sections of the residential development should be linked, where possible, by an internal pedestrian system of steps and ramps. The pedestrian system will typically be perpendicular to the road system. The vertical access stairs that currently exist shall be preserved and maintained when possible.
7.
Vegetation and revegetation.
(a)
A stabilization and revegetation plan shall include a complete description of the existing vegetation, the vegetation to be planted, and slope stabilization measures to be installed. The revegetation and slope stabilization plan shall be submitted with the grading plan.
(b)
Vegetation shall be removed only when absolutely necessary, e.g., for buildings, filled areas, roads.
(c)
Vegetation sufficient to stabilize the soils shall be established on all disturbed areas as each stage of grading is completed. All disturbed soil surfaces shall be stabilized or covered prior to the first day of November. If the planned impervious surface (e.g., roads, driveways, etc.) cannot be established prior to November, a temporary treatment adequate to prevent erosion shall be installed on those surfaces.
(d)
Construction shall be scheduled to minimize soil disturbance between the first day of November and the first day of April.
[Ord. No. 4-1987, § 17-10A.10]
The Planning Board shall have the right to waive any of the requirements of this section if the strict enforcement thereof will cause undue hardship to the applicant or if the benefits of the granting of the waiver will outweigh any detriments caused by the waiver. Notwithstanding the foregoing, the Planning Board shall not have jurisdiction to grant a density greater than that permitted by Subsection 23-11.7. Such jurisdiction shall lie only with the Board of Adjustment in accordance with applicable provisions of the Municipal Land Use Law.
[Ord. No. 4-1987, § 17-10A.11]
At the request of the Construction Code Official, the applicant for development or any interested person, the Planning Board shall, in connection with a particular application, interpret the provisions of this section to determine whether the application complies with the provisions hereof.
[Ord. No. 13-1993, § 2]
Signs in the Township of Weehawken should be regulated in a manner that supports and compliments the land use objectives of the Weehawken Master Plan and this Zoning Ordinance. It is the purpose of this section to provide for signage that will (a) enhance the aesthetic appearance of the community, (b) maintain a vibrant urban character, (c) support property values and business opportunity, (d) preserve scenic areas, and (e) facilitate the safe and orderly flow of vehicular and pedestrian traffic throughout the community. The regulations hereafter set forth are intended to prohibit signs that, by reason of their size, location, construction, or manner of display, will endanger the public health, safety and welfare, create a sense of urban blight or visual clutter, or obstruct visibility necessary for traffic safety. To achieve these goals, the administering agency shall ensure that permitted signs are compatible with their immediate surroundings and zoning district and are legible for the circumstances in which they are displayed.
[Ord. No. 13-1993, § 2]
The following provisions shall apply in all zones:
a.
No sign shall be erected, altered, relocated, maintained or reconstructed unless it conforms to the regulations of this section and unless a sign permit has been issued by the Construction Code Official of the Township provided however that no permit shall be required for the following:
1.
Designation signs not exceeding an aggregate of one square foot in area on any building;
2.
On one to four family dwellings Real Estate Signs that are four square feet or less in area and do not contain a name and telephone number of a person other than the owner or occupant offering the premises for sale, rental or lease;
3.
Signs erected or required by governmental bodies as necessary to the public welfare;
4.
Political signs provided that such political signs shall meet all of the other requirements of this § 23-12 and shall be removed within 48 hours after the election to which they relate;
5.
Promotional signs advertising a "garage sale," "open house" or other similar event in connection with a one to four family dwelling or a permitted home occupation, provided that such promotional sign is installed no earlier than 48 hours before the event and removed no later than 24 hours after the event. Such promotional signs may be portable signs;
b.
No wall sign, awning sign or projecting sign shall project beyond the property line of the lot on which it is located, except that a sign attached to the face of an existing structure which is located on the street line may so project.
c.
Identification/directional signs shall be permitted only along Boulevard East, Hackensack Plank Road, 19th Street, Park Avenue, Pershing Road and the North and South Marginal Roads provided that:
1.
No more than five identification/directional signs shall be permitted in the entire Township for any single business, occupant, development or establishment.
2.
The sign area of each identification/directional sign shall not exceed one square foot;
3.
The sign shall not have its own support but be attached to an existing traffic sign support or traffic light stanchion, with the written permission of the owner;
4.
No more than one sign of a single business, occupant, development or establishment and no more than five signs in the aggregate shall be permitted on any single support.
5.
No more than two signs per use identified shall be permitted on the northbound side and no more than two signs per use identified shall be permitted on the southbound side of Boulevard East; and
d.
No illuminated sign or moving sign shall be located or illuminated in such a manner as will interfere with or be mistaken for a traffic light or similar safety device, nor shall any glare-producing signs be permitted.
e.
No signs affixed to a motor vehicle as defined in Chapter 39 of the New Jersey Revised Statutes (N.J.S.A. 39:1-1 et seq.) shall be utilized to circumvent any of the sign regulations of this section. This provision shall not be construed to prevent the temporary parking of a commercial vehicle which has markings on it that would otherwise be regarded as a sign.
f.
Except as otherwise expressly permitted by this section, no portable signs shall be allowed.
g.
No sign shall be erected on or affixed to private property or to public utility property without the consent of the record owner.
h.
Except as otherwise expressly permitted by this section, no signs shall be affixed to public property including but not limited to traffic sign supports, traffic light stanchions, fences, benches, walls, or similar structures.
i.
No banners, pennants, balloons or other signs shall be strung from private property across a public sidewalk or street to a pole or tree.
j.
No sign shall emit audible sounds.
k.
Special signage shall be permitted with the permission of the Planning Board. Applications for special signage shall be reviewed in light of reasonable standards relating to size, scale, illumination, safety, duration, maintenance, location and design harmony. Factors to be considered by the Board shall include, but not necessarily be limited to, marketing impact, compatibility with surrounding uses and structures, and compatibility with other signage in the immediate area and in the zoning district in which the special signage will be located.
l.
Traffic signs are permitted in all zones and shall comply with all applicable governmental regulations.
m.
Wall signs shall not project more than 12 inches in front of the building facade to which they are affixed, nor shall they be higher than the building facade to which they are affixed.
n.
Projecting signs shall not project more than five feet in front of the building facade to which they are affixed and shall not be higher than the building facade to which they are affixed.
o.
No sign shall be fastened by screws, nails or other fasteners inserted into the trunk or limbs of any tree within the public right of way.
[Ord. No. 13-1993, § 2]
The following regulations shall apply to signs in the residence zones:
a.
Designation signs shall be limited to one wall sign per residential dwelling unit for one to four family dwellings and one per street frontage for multi-family buildings. The aggregate area of all designation signs on one to four family buildings shall not exceed two square feet in area and the aggregate area of all designation signs on a multi-family building shall not exceed 10 square feet in area.
b.
No business signs shall be permitted, except in connection with a permitted home occupation in which event, in lieu of the permitted designation sign for such occupant, one wall sign, one ground sign or one window sign per business shall be permitted. No permitted business sign shall exceed two square feet in area.
c.
Construction signs shall be limited to one wall sign, one ground sign or one window sign per building. For one to four family dwellings, the construction sign shall not exceed four square feet in area and for multi-family dwellings, the permitted construction sign shall not exceed eight square feet in area. A construction sign shall be removed prior to the issuance of the last Certificate of Occupancy for the building.
d.
Real estate signs shall be permitted as follows:
1.
One sign may be installed for each unit advertised for sale, lease or rent. In one to four family dwellings, such signs may be ground signs, wall signs or window signs, provided that the sign area of each sign permitted for one to four family dwellings shall not exceed seven square feet and no window sign shall be placed in the window of a dwelling unit other than the one advertised for sale, lease or rent. In multi-family buildings, such signs shall be non-illuminated, interior window signs and shall not exceed four square feet in area.
2.
Notwithstanding the foregoing limitations, in multi-family buildings, two signs per building may be erected by the management company of such building to advertise, generally, units for sale, lease or rent. Such signs may be wall signs or window signs. The aggregate sign area of all such window or wall signs for a multi-family building shall not exceed 1% of the facade area of the building facade on which the window or wall sign is affixed.
3.
Real estate signs shall be removed within seven days after the last sale or rental advertised or one year from the issuance of the sign permit, whichever is earlier.
e.
Directory signs shall be prohibited in all residential zones.
h.
Advertising signs shall be prohibited.
i.
Designation signs and permitted business signs may be illuminated only by indirect white light. Any illumination of permitted business signs shall be restricted to the hours of operation of the home occupation identified by the sign. No other signs in the residence zones shall be illuminated.
j.
No moving signs shall be permitted.
[Ord. No. 13-1993, § 2; Ord. No. 19-1996, § 1]
The following regulations shall apply to Signs in the B-1, B-2, B-3, R/B-1 and R/B-2 Zones:
a.
Designation signs shall be limited to one wall sign per residential dwelling unit for one to four family dwellings and one per street frontage for multi-family buildings. The aggregate area of all designation signs on one to four family buildings shall not exceed two square feet in area and the aggregate area of all designation signs on a multi-family building shall not exceed one square foot for each two dwelling units but, in no event, more than 10 square feet in the aggregate.
c.
Business signs shall comply with the following standards:
1.
One ground sign or one awning sign shall be permitted per street frontage. Such ground sign shall not exceed 25 square feet in area or 10 feet in height. Such ground sign may be a directory sign.
2.
One wall sign, one window sign or one projecting sign shall be permitted for each occupant in a commercial building. The aggregate sign area for all wall signs, window signs and projecting signs shall not exceed the lesser of 50 square feet or 1% of the building facade to which the sign is affixed.
3.
In the event that multiple businesses are located on a single lot, one directory sign shall be permitted in lieu of multiple wall, window and projecting signs. Such directory sign shall be a wall sign and shall not exceed the lesser of 50 square feet in area or 1% of the building facade to which it is attached.
4.
Business signs of any type shall be illuminated by internal means only. Such signs may be illuminated during the hours of operation, provided, however, that no business sign in the R/B1 or R/B2 zones may be illuminated between 12:00 a.m. and 7:00 a.m.
5.
Business signs may be portable signs provided that:
(a)
The aggregate sign area of all portable business signs for a single use shall not be more than 15 square feet;
(b)
The portable business sign must be removed from its location when the business is closed to the public; and
(c)
If placed on a sidewalk adjacent to a building, the portable business sign shall be located so as to minimize interference with pedestrian traffic.
d.
Construction signs shall be limited to one wall sign, one ground sign or one window sign per building. For one to four family dwellings, the construction sign shall not exceed four square feet in area, for multi-family dwellings, the permitted construction sign shall not exceed eight square feet in area, and for commercial buildings the permitted construction sign shall not exceed 16 square feet in area. A construction sign shall be removed prior to the issuance of the last Certificate of Occupancy for the building.
e.
Real estate signs shall be permitted as follows:
1.
One sign may be installed for each unit advertised for sale, lease or rent. In one to four family dwellings, such signs may be ground signs, wall signs or window signs, provided that the sign area of each sign permitted for one to four family dwellings shall not exceed seven square feet and no window sign shall be placed in the window of a dwelling unit other than the one advertised for sale, lease or rent. In multi-family buildings, such signs shall be nonilluminated, interior window signs and shall not exceed four square feet in area.
2.
Notwithstanding the foregoing limitations, in multi-family buildings, two signs per building may be erected by the management company of such building to advertise, generally, units for sale, lease or rent. Such signs may be wall signs or window signs. The aggregate sign area of all such window or wall signs for a multi-family building shall not exceed 1% of the facade area of the building facade on which the window or wall sign is affixed.
3.
For commercial buildings, the permitted signs may be ground signs, wall signs or window signs, provided that sign area of any ground sign for a commercial building shall not exceed eight square feet, and the aggregate sign area of all window or wall signs for a commercial building shall not exceed 1% of the facade area of the building facade on which the window or wall sign is affixed.
4.
Real estate signs shall be removed within seven days after the last sale or rental advertised or one year from the issuance of the sign permit, whichever is earlier.
g.
Promotional signs shall comply with the following standards:
1.
Promotional signs shall be limited to two signs per event advertised, if such signs exceed eight square feet in area, and five signs per event advertised, if such signs are less than eight square feet in area.
2.
Such signs may be ground signs, wall signs, or window signs. Ground signs shall not exceed 25 square feet in area or eight feet in height. Wall signs shall not exceed the lesser of 25 square feet in area or 15% of the building facade to which the sign is affixed. Window signs shall not exceed 50% of the window area.
3.
Promotional signs shall not be erected more than 30 days prior to the date of the event advertised and shall be removed within 48 hours after completion of the event.
h.
Designation signs, advertising signs, and business signs may be illuminated by indirect means. Permitted business signs may be illuminated during the hours of operation of the business or home occupation identified by the sign provided, however, that no permitted business signs in the R/B-1 and R/B-2 Zones shall be illuminated between the hours of 12:00 and 7:00 a.m. No permitted advertising signs in the R/B-1 and R/B-2 Zones shall be illuminated between the hours of 12:00 and 7:00 a.m. No other signs shall be illuminated in the B-1, B-2, B-3, R/B-1 and R/B-2 Zones.
[Ord. No. 13-1993, § 2]
The following regulations shall apply to signs in the I and SW Zones:
a.
Advertising signs shall comply with the following standards:
b.
Business signs shall comply with the following standards:
1.
One ground sign shall be permitted per street frontage. Such ground sign shall not exceed 50 square feet in area or 10 feet in height.
2.
One wall sign or one window sign shall be permitted for each occupant of a building. The aggregate sign area for all wall signs and window signs shall not exceed the lesser of 50 square feet or 1 1/2% of the building facade to which the sign is affixed.
3.
In the event that multiple businesses are located on a single lot, one directory sign shall be permitted in lieu of multiple wall and window signs. Such directory sign shall be a wall sign and shall not exceed the lesser of 50 square feet in area or one and one half (1-1/2% of the building facade to which it is attached.
c.
Construction signs shall be limited to one wall sign, one ground sign or one window sign per building. A permitted construction sign shall not exceed 16 square feet in area and shall be removed prior to the issuance of the last Certificate of Occupancy for the building.
d.
Real estate signs shall be limited to two signs per building. The permitted signs may be ground signs, wall signs or window signs, provided that the sign area of any real estate sign shall not exceed 16 square feet. Real estate signs shall be removed within seven days after the last sale or rental advertised.
f.
Identification/directional signs shall be permitted provided that (i) the overall requirements of Subsection 23-12.2c are met; (ii) the sign area of each identification/directional sign shall not exceed two square feet; and (iii) if attached to an existing signpost, utility pole, traffic light stanchion or similar facility, written permission of the owner will be required. No other identification/directional signs shall be permitted.
g.
Promotional signs shall comply with the following standards:
1.
Promotional signs shall be limited to two signs per event advertised, if such signs exceed eight square feet in area, and five signs per event advertised, if such signs are less than eight square feet in area.
2.
Such signs may be ground signs, wall signs or window signs. Ground signs shall not exceed 25 square feet in area or 10 feet in height. Wall signs shall not exceed 25 square feet in area. Window signs shall not exceed 50% of the window area.
3.
Promotional signs shall not be erected more than 30 days prior to the date of the event advertised and shall be removed within 48 hours after completion of the event.
h.
Permitted business signs may be illuminated by indirect means. No other signs in the I and SW Zones may be illuminated.
[Ord. No. 13-1993, § 2]
a.
The Township of Weehawken deems it necessary and appropriate to designate the Special View Area in order to preserve and protect the particular scenic beauty of the area.
b.
Notwithstanding anything to the contrary contained in this § 23-12, no signs shall be permitted in the Special View Area, except for necessary traffic signs erected by governmental authorities in accordance with applicable law, identification/directional signs in accordance with Subsection 23-12.2c, and special signage permitted with the approval of the Planning Board.
[Ord. No. 13-1993, § 2]
a.
Any sign which was lawful prior to the adoption, revision or amendment of this § 23-12, but which fails to conform to the requirements of these regulations, shall be deemed a nonconforming sign.
b.
Any nonconforming sign may be continued on the lot or structure on which it is located, so long as the nonconforming sign is not enlarged, extended, reconstructed or structurally altered; provided, however, that a nonconforming sign may be structurally altered to correct an unsafe condition. A nonconforming sign may be restored or repaired in the event of partial destruction thereof if such destruction does not exceed 65% of the value of the sign immediately prior to such partial destruction.
c.
Upon a change of use or occupant, the message of a nonconforming sign may be altered to reflect the change; provided, however, that any such change shall not enlarge, extend, reconstruct or structurally alter the nonconforming sign or change its method of illumination unless the enlargement, extension, reconstruction or alteration shall bring the sign into conformity with this section.
[Ord. No. 13-1993, § 2]
a.
All signs shall comply with applicable construction and safety standards contained in the BOCA and New Jersey Uniform Construction Codes.
b.
Any holder of a sign permit pursuant to this chapter and Subsection 22-7.19 shall have an affirmative duty to maintain the sign erected under said permit. No sign shall be permitted which is in a dangerous or defective condition. Failure to maintain such sign shall be grounds for revocation of the permit and such other enforcement mechanisms as may be provided for under this chapter.
c.
Any permanent sign related to a building which becomes vacant or a use which is discontinued for a period of six months or longer shall be deemed abandoned. An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner of the premises on which the sign is located.
[Ord. No. 2-1979, § 17-12.1; Ord. No. 2-1998]
Fences, walls and/or hedges are permitted to heights not exceeding five feet except that no fence, wall or hedge in any required front yard shall exceed three feet.
a.
Stockade or cyclone fencing shall be erected only subsequent to proper application and issuance of permit therefor.
b.
Stockade or cyclone fencing to be installed between applicant's and adjoining property shall only be permitted with the "good" side facing adjoining property.
c.
Barbed wire, spike or picket fencing is prohibited.
[Ord. No. 2-1979, § 17-12.2; Ord. No. 2-1998]
Fences, walls and/or hedges are permitted to heights not exceeding six feet. In an I or I/O Zone, fences up to a height of eight feet shall be permitted.
[Ord. No. 2-1979, § 17-12.3]
Notwithstanding the above provisions, a solid fence, hedge or wall not exceeding six feet in height shall be permitted contiguous to a lot line which also serves as a boundary line between any Residence zone and any nonresidence zone, provided that such fence, hedge or wall shall not extend to within 10 feet of any street line.
[Ord. No. 2-1979, § 17-13]
a.
For purposes of this section, "nonconforming structure" and "nonconforming lot" shall mean the same as defined in the Municipal Land Use Law.
b.
Any nonconforming use or structure or any lawful use on a nonconforming lot may be continued on the lot or in the structure so occupied. Nothing in this section shall be deemed to constitute a waiver of a violation of any zoning regulation heretofore adopted or to make lawful any unlawful nonconforming use, structure or lot.
c.
No nonconforming use nor structure containing a nonconforming use shall be enlarged, extended, reconstructed or structurally altered except that such structure may be structurally altered to correct an unsafe condition. A nonconforming structure or a structure containing a nonconforming use or located on a nonconforming lot may be restored or repaired in the event of the partial destruction thereof if such destruction does not exceed 65% of the assessed value of such structure immediately prior to such partial destruction.
d.
A nonconforming structure or a structure on a nonconforming lot may be enlarged, except as to height, provided that:
e.
An existing open porch shall not be enclosed if such porch violates the setback or yard regulations of this chapter.
[Ord. No. 2-1979, § 17-14.1]
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a Certificate of Occupancy has been issued by the Construction Official, stating that the premises or building complies with all the provisions of this chapter.
[Ord. No. 2-1979, § 17-14.2]
No change or extension of use shall be made in a nonconforming use or premises without a Certificate of Occupancy having first been issued by the Construction Official that such change or extension is in conformity with the provisions of this chapter.
[Ord. No. 2-1979, § 17-14.3; Ord. No. 19-1994, § 1]
Certificates of Occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building has been completed. A record of all certificates shall be kept on file in the office of the Construction Official, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. A fee of $100 shall be charged for each original certificate and one $1 for each copy.
[Ord. No. 2-1979, § 17-14.4]
No permit for excavation for or the erection of any building shall be issued before application has been made for a Certificate of Occupancy. No building or premises may be occupied until a certificate has been issued.
[Ord. No. 2-1979, § 17-14.5]
Upon written request by the owner or his agent, the Construction Official shall, after inspection, issue a Certificate of Occupancy for any building or use thereof, or any use of land, existing at the time of adoption of this chapter, providing that such a structure or use is a conforming or lawful nonconforming use, such certificate to state whether or not use and/or building and/or lot conform to the provisions of this chapter.
[Ord. No. 2-1979, § 17-14.6]
A Certificate of Occupancy is required for both initial and continued occupancy and the use of the building or land to which it applies, and shall continue in effect so long, and only so long, as such building and the use thereof or the use of the land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto or any requirements made pursuant to the site plan review regulation or Chapter 21, Land Use Procedures, establishing the Planning Board and Board of Adjustment.
[Ord. No. 23-1994, § 8]
No Certificate of Occupancy or Certificate of Continued Occupancy shall be used where there has been any construction, reconstruction or demolition unless all receipts and other documentation have been filed with, and approved by, the Weehawken Recycling Coordinator to evidence proper recycling of all recyclable construction materials, including but not limited to concrete, asphalt, steel and clean wood, in accordance with the Origin and Destination Form previously filed in accordance with Subsection 10-5.13d of the Weehawken Administrative Code.
[Ord. No. 2-1979, § 17-15.1]
The provisions of this chapter shall be enforced and interpreted by the Construction Official. It shall be his duty to keep a record of all applications for building permits and a record of all such permits issued, with a notation of any conditions that may have been imposed by the Planning Board or Board of Adjustment under the provisions of this chapter. He shall file and safely keep copies of all plans submitted. He also shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter, and of the action taken consequent on each such complaint. All such records and plans shall form a part of the records of his office and shall be available for the use of the Township Council and of other official agencies and officials of the Township.
[Ord. No. 2-1979, § 17-15.2]
No board, agency, officer, or employee of the Township shall issue, grant or approve any permit, license, or certificate or other authorization (excluding conditional uses, variances, and other lawful authorizations by the Planning Board or Board of Adjustment), for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of any land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate, or other authorization issued, granted, or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, license, certificate or other authorization shall be unlawful.
[Ord. No. 2-1979, § 17-15.3]
a.
Every application for a construction permit or Certificate of Occupancy shall be made in writing by the owner or his authorized agent, and shall include a statement of the use or intended use of the structure or vacant land, and shall be accompanied by a plan drawn to scale, showing the proposed structure or use in its exact relation to lot and street lines. The Construction Official shall grant or refuse a construction permit within 10 days after receipt of application, except when site plan approval is required, in which case the Zoning Officer shall grant or refuse the permit upon receipt of notice of final action on the site plan by the Planning Board. If the Zoning Officer refuses to issue a permit hereunder, he shall state in writing the grounds of his refusal.
b.
A construction permit shall be obtained from the Construction Official for any of the following:
1.
The construction or alteration of any building or part of a building or any sign.
2.
The painting of a sign on a building.
3.
Occupancy and use of vacant land.
4.
Occupancy and use or change in the occupancy or use of any building.
5.
Change in the use of land or part of a lot. No such construction, alteration, occupancy, use or change of occupancy or use, shall take place until a construction permit or Certificate of Occupancy therefore has been issued by the proper official, and no excavation for any building or use of land shall commence until a construction permit for such building or use has been issued by the Construction Official.
c.
If the occupancy and use of a building or of land for which a Certificate of Occupancy has been issued is not commenced within six months after the date of such issuance, or such longer period as the Construction Official may authorize in writing, because of the occurrence of conditions unforeseen at the time of issuance, such Certificate of Occupancy shall expire and a new Certificate of Occupancy shall be obtained before such occupancy and use are commenced. No such extension of time for a period longer than 90 days shall be authorized except upon approval by the Planning Board.
[Ord. No. 2-1979, § 17-15.4]
a.
In the event of failure to comply with any provisions of this chapter, including any performance standard as stated herein, or of failure to comply with any conditions of site plan approval or variance under which a construction permit or Certificate of Occupancy is issued, the Construction Official shall revoke the building permit or Certificate of Occupancy or take such other steps as may be lawful to enforce such provisions or conditions.
b.
Upon his becoming aware of any violation of any of the provisions of this chapter, the Construction Official shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within such reasonable time as the Construction Official has specified in such notice, he shall institute such action as may be necessary to terminate such violation including revocation of the Certificate of Occupancy where applicable.
[Ord. No. 2-1979, § 17-15.5]
Any person violating any of the provisions of any part of this chapter or of any amendment thereof shall upon conviction thereof be subject to a penalty as established in Chapter 1, § 1-5a. The application of the above penalty shall not be held to prevent the enforced removal or prohibited conditions.
[Ord. No. 2-1979, § 17-15.6]
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, prosperity and general welfare.
[Ord. No. 2-1979, § 17-16]
a.
The Township Council may, on its own motion or on petition or other application, after public notice and hearing in accordance with law, amend, supplement, or change the regulations and districts herein established and adopt rules and regulations for the purpose of interpreting and carrying the chapter into effect.
b.
When owners of more than 50% of the frontage within a district or part of a district comprising not less than one block shall present to the Township Council a petition or other application, duly signed, requesting the change, relocation or revision of the district or a part thereof, the Township Council shall act upon the request within 60 days after the filing of the petition or other application with the Township Clerk. The petition shall be accompanied by a map showing the area for which the change of district is asked and all immediately abutting property and uses thereof, and further, shall be accompanied by a statement setting forth the grounds or reasons for the proposed change.
c.
Prior to the hearing on adoption of Chapter 23, Zoning, or any amendments thereto, the Township Council shall refer any such proposed ordinance or amendment thereto to the Planning Board. The Planning Board shall transmit a report on the proposed ordinance or amendment to the Township Council within 35 days after referral. The Township Council shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of the majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period shall relieve the Township Council from the requirement to review the Planning Board's recommendations.
d.
A protest against any proposed amendment or revision of Chapter 23, Zoning, may be filed with the Township Clerk, signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the Township. Such amendment or revision shall not become effective following the filing of such protest except by a favorable vote of 2/3 of all the members of the Township Council.
[Ord. No. 2-1979, § 17-6.1; Ord. No. 8-1984; Ord. No. 17-1986, § 12; Ord. No. 19-1986, § 1; Ord. No. 2-2003, § 3; Ord. No. 3-2003, § 3]
Every person wishing to make an application to the Board of Adjustment shall be provided with an application form and a set of instructions in the form and fashion attached hereto and made a part hereof. No application before the Board of Adjustment will be deemed complete until and unless the attached application form has been completed in full, signed and notarized, and all instructions have been complied with.