Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. #1007, A1]
An ordinance establishing zoning districts within the Borough of Bogota and regulating the use of lands within said districts and establishing rules, regulations and standards for development of such lands, pursuant to the authority and provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., and providing for the administration and enforcement of the provisions contained herein.
[Ord. #1007, A1]
This chapter shall be known and may be cited as the "Borough of Bogota Land Development Ordinance of 1990."
[Ord. #1007, A1]
The purpose of this chapter is to establish a precise and detailed plan for the use of land in the borough based on the Master Plan of the Borough of Bogota and to provide rules, regulations and standards for the development of said land, in order to: promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people of the borough; protect the character and maintain the stability of residential, commercial and industrial areas within the borough and to promote their orderly and beneficial development; regulate the intensity of use of lots, and to determine the area of open spaces surrounding buildings necessary to provide light and air, privacy and convenience of access to property; fix reasonable standards to which buildings or structures shall conform; prohibit uses, buildings or structures which are incompatible with the character of development or the uses permitted within specified zoning districts; regulate additions to, and alterations or remodeling of existing buildings in compliance with the restrictions and regulations hereunder; limit congestion of public streets; provide protection against fire, flood, explosion, noxious fumes and other hazards; conserve the true taxable value of land and buildings; and promote a desirable visual environment through create development techniques and good civic design and arrangements.
[Ord. #1007, A2; Ord. #1032, S1; Ord. #1041, S7; Ord. #1085, SI; Ord. #1087, SIV; Ord. #1129, S4; Ord. #1282, S6; Ord. #1288, S1; Ord. #1291, S1]
For the purpose of this chapter, certain words are defined as follows: Any work not defined herein shall be construed to have the meaning that is conferred upon it by standard usage for the context in which the word is used. However, if said word is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., that word shall have the same meaning conferred upon it by that statute unless a contrary intent is clearly expressed from the context of this chapter.
Words used in the present tense include the future; words in the singular number include the plural number and vice versa.
The words "used for" include "designed for" and vice versa.
The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used; the word "building" includes the word "structure;" the word "dwelling" includes the words "residence" and "housing unit;" the word "shall" is mandatory and not discretionary.
ACCESSORY BUILDING OR USE
Shall mean a use or structure customarily incidental and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or building.
ADMINISTRATIVE OFFICER
Shall mean the borough's zoning official who shall be designated as the administrative officer for purposes of this chapter.
AGE-RESTRICTED HOUSING
Shall mean housing designated for and occupied by at least one (1) person fifty-five (55) years of age or older per dwelling unit and which has significant facilities and services specifically designed to meet the physical or social needs of older persons.
ALLEY
Shall mean a minor way that is used primarily for vehicular service 'access to the rear or side of properties that otherwise abut on a street.
ALTERATION
Shall mean any change or rearrangement in the structural parts or in the exit facilities; or an enlargement whether by extending on a side or by increasing in height; including work, other than repairs, that would affect safety or a vital element of an elevator, plumbing, gas piping, wiring, ventilating or heating installation; the term "alter" in its various moods and tenses and its principal forms, refers to the making of an alteration.
ANTENNA
Shall mean a conventional television or radio antenna or satellite dish antenna, as defined by this chapter.
APARTMENT HOUSE
Shall mean any multifamily dwelling for three (3) or more families, living independently of each other, and having separate cooking and sanitary facilities.
AUTO REPAIR SHOPS
Shall mean premises used for the mechanical repair or painting and bodywork of motor vehicles.
AUTOMOBILE SERVICE STATION or GASOLINE STATION
Shall mean a building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, and where mechanical repair but not body repair may be rendered as an accessory activity, provided that all mechanical repair may be rendered as an accessory activity, provided that all mechanical repair takes place within the confines of a building.
BASEMENT
Shall mean a space having less than half (1/2) of its clear height below finished grade.
BILLBOARD
Shall mean any outdoor advertising sign other than one related to a business conducted on the premises or lot.
BLOCK
Shall be considered as all those lots fronting on the same side of the street between and including corner lots. All those lots fronting on a cul-de-sac shall be construed as being included in one block.
BOROUGH ENGINEER
Shall mean a licensed professional engineer of the State of New Jersey hired by the governing body to provide professional services to the borough and its agencies.
BUILDING
Shall mean any structure having a roof supported by columns, posts, or walls and intended for the shelter, housing or enclosing of persons, animals or property.
BUILDING AREA
Shall mean the total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT OF
Shall mean the vertical distance measured from the average elevation of the finished grade along the front of the building to the highest elevation of the roof surface.
BUILDING LINE
Shall mean a line, established by law, beyond which a building shall not extend, except as specifically provided law.
CARPORT
Shall mean an attached or detached accessory building to be considered an enclosed building, designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns and a minimum area of two hundred (200) square feet.
CELLAR
Shall mean a space having more than half (1/2) of its clear height below finished grade.
COMMERCIAL VEHICLE
Shall mean any bus, taxi, truck, tractor, trailer, van or any type of motor vehicle that is not manufactured and designed as, or normally considered to be, a passenger car or station wagon, provided that a recreational vehicle shall not be considered a commercial vehicle.
COMMUNICATIONS ANTENNA
Shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
COMMUNICATION TOWER
Shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and similar structures. The term shall include the structure and any support thereof, together with other accessory structures and equipment associated therewith.
CONVENIENCE STORE
Shall mean a retail business or establishment engaged in the sale of consumer goods, having a floor area of less than five thousand (5,000) square feet and open for business sixteen (16) or more hours per day on a regular basis.
CONVENTIONAL TELEVISION OR RADIO ANTENNA
Shall mean any ground mounted receiving antenna other than a satellite dish antenna.
CROSSWALK
Shall mean a right of way, dedicated to public use, to facilitate pedestrian access through a paved public street.
CUL-DE-SAC
See "street."
DISPATCH SERVICES
Shall mean any use that primarily involves motor vehicles to provide transportation-related services, including, but not limited to taxis, buses, limousines, and ambulances, on an as-needed basis involving direct customer contact at the time the service is required.
DISTRICT
Shall mean any part of the territory of the borough to which certain uniform regulations and requirements of this chapter apply.
DONATION STORAGE BIN
Shall mean any enclosed receptacle or container made of wood, metal, steel, or similar materials, or combination of materials, that is designed or intended for the deposit of and/or the temporary storage of clothing or other goods that are being donated or held for donation.
DRAINAGE RIGHT OF WAY
Shall mean the lands or interest in lands required for the installation of storm water sewers or drainage ditches, or land or interests therein required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein so as to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-1 et seq.
DWELLING, ONE (1) FAMILY
Shall mean a detached building occupied and intended to be occupied exclusively for residence purposes by not more than one (1) family.
DWELLING UNIT
Shall mean a building or part thereof having cooking, living and sanitary facilities for the exclusive use of one (1) family.
EASEMENT
Shall mean a use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, a corporation or particular persons for specified use.
FAMILY
Shall mean one (1) or more persons living together as a single, nonprofit housekeeping unit whose relationship is of a permanent and domestic character, as distinguished from fraternities, sororities, societies, clubs, associations, lodges, combines, halfway houses, shelters, specialized housing and other forms of transient associations. Nothing herein contained shall be deemed to interfere with or restrict the placement of children in a group home pursuant to N.J.S.A. 40:55D-66, or any other use of a single family dwelling protected by State statute.
FAST SERVICE CARRY OUT ESTABLISHMENT
Shall mean a business or establishment engaged primarily in the sale of food, soft drinks, ice cream and similar confections, that are packaged or served in paper, plastic or other types of disposable wrappers and containers, and dispensed at service counters, either inside or outside the confines of a building, or to persons in motor vehicles, and sold for immediate consumption off premises.
FLOOR AREA
Shall mean the gross leasable floor area designed for tenant or owner occupancy and exclusive use, including basements, mezzanines and upper floors, if any, measured from center lines of joint partitions and exteriors of outside walls.
GARAGE, PRIVATE
Shall mean a detached accessory building or portion of a main building for the parking or temporary storage of automobiles owned by the occupants of the main building to which the garage is accessory, and wherein not more than one (1) commercial vehicle not to exceed six thousand five hundred (6,500) pounds G.V.W. in capacity may be parked or stored.
GOVERNING BODY
Shall mean the mayor and council of the Borough of Bogota, in the County of Bergen and the State of New Jersey.
HOME OCCUPATION
Shall mean an occupation carried on in a dwelling by one (1) or more residents thereof, which occupation is incidental to the use of the dwelling for dwelling purposes, does not objectionably obtrude into the surrounding community and does not change the character of the dwelling. A home occupation shall not be construed as to include a tea room or restaurant, the conduct of an animal hospital or kennel, a stable, an automotive repair shop, a barber shop, a beauty parlor, a tavern, a mortuary, a store, a trade or business not herein permitted, or any similar use. In the event that a person desired to conduct an occupation that is not specifically prohibited herein, the zoning official shall direct the applicant to apply to the Planning Board/Zoning Board of Adjustment for a determination as to whether or not the contemplated use falls within the definition of a home occupation.
[Amended by Ord. No. 11-2]
HOUSE OF WORSHIP
Shall mean a building used primarily for worship but not including missions, district offices or regional headquarters of a religious group.
JOINT SUBDIVISION AND SITE PLAN REVIEW COMMITTEE
Shall consist of the zoning officer, as well as four Planning Board/Zoning Board of Adjustment members appointed by the chairman of the board, with the consent of a majority of the board. This committee shall review major development applications at the request of the chairman of the Planning Board/Zoning Board of Adjustment and perform such other duties as may be conferred on this committee by the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
LIGHT INDUSTRY
Shall mean a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly and packaging.
LIVABLE FLOOR AREA
Shall mean the area of floors within a dwelling which area is finished and in which are retained elements, such as walls, ceilings and electrical wiring have been finished, and in which area the permanent heating system has been installed. The following shall be excluded from such area: cellars, porches, breezeways, the area immediately beneath the roof rafters between the finished ceiling height and less than four (4') feet above the finished floor under a pitches roof, or less than seven (7') feet under a flat roof. Notwithstanding anything herein to the contrary, the area of the second floor or story shall not be counted as livable floor area, despite the fact that the same is finished as aforesaid, unless the second floor or story is connected by a permanent built-in stair area with the floor below.
LOADING SPACE
Shall mean an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT
Shall mean a place or parcel of land abutting on a street, whose area in addition to the parts thereof occupied or which may be hereafter occupied by a principal building and its accessory buildings, is sufficient to provide the yard space required in this chapter and conforming to minimum area requirements of this chapter.
LOT, CORNER
Shall mean a lot at the junction of and abutting on two (2) or more intersecting streets when the interior angle of intersection does not exceed one hundred thirty-five (135o) degrees. On a corner lot, the owner shall have the privilege of selecting any abutting street line as the front line, providing such designation is clearly shown on the building plans filed with and approved by the zoning official. However, each side of a corner lot abutting a street line shall meet the minimum requirements for front yard and lot width at the street line as set forth for the specific district involved in the Schedule of Limitations of this chapter.
LOT COVERAGE
Shall mean the area of the lot covered by structures and paved surfaces. For purposes of computing lot coverage only, a swimming pool shall not be considered a structure.
LOT DEPTH
Shall mean the average horizontal distance between the front and rear lot lines measured perpendicular to (or radial on curved streets) the front lot line.
LOT, INTERIOR
Shall mean a lot other than a corner lot.
LOT LINE
Shall mean the legal boundaries of a lot as determined by an accurate survey or in the records of the borough engineer.
LOT LINE, FRONT
Shall mean the right of way line of the street on which a lot fronts or abuts. The front lot line of all corner lots shall be determined by the owner. See "lot, corner."
LOT LINE, REAR
Shall mean a lot line other than another front line on another street which is both opposite the front lot line and is the farthest rear boundary line from the street.
LOT LINE, SIDE
Shall mean any lot line not a front line or rear lot line, including a lot line of an offset portion of a lot which may be the rear line of an adjacent line.
LOT WIDTH
Shall mean the average horizontal distance between the side lot lines, measured along the front lot line.
MAIN BUILDING
Shall mean a building situated on a lot in which the principal use is conducted.
MAINTENANCE GUARANTEE
Shall mean any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
MASTER PLAN
Shall mean a comprehensive plan consisting of mapped and written proposals for the future growth, protection and development of the Borough of Bogota, recommending standards for the promotion of the comfort, convenience, public health, safety and general welfare of the community, which plan was duly adopted by the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
MULTI-FAMILY HOUSING DEVELOPMENT
Shall mean a building containing three (3) or more dwelling units occupied or intending to be occupied by persons living independently of each other or a group of such buildings.
NONCONFORMING LOT
Shall mean a lot the area, dimension or location of which was lawful prior the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
Shall mean a use or activity that was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NUISANCE
Shall mean any unreasonable practice or thing that causes injury to the health or comfort of ordinary people to an unreasonable extent, especially a continuing or repeated invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by or affects an ordinary person, or the generation of an excessive or concentrated movement of people or things such as, but not limited to: noise; dust; smoke; fumes; odor; glare; flashes; vibration; shock waves; heat; electronic or atomic radiation; objectionable effluent; noise of congregation of people, especially at night; passenger traffic; transportation of things by truck, rail or other means.
OBSCENE MATERIAL
Shall mean any description, narrative account, display, or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means, of posing, composition, format or animated sensual details:
a. 
Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals,
b. 
Lacks serious literary, artistic, political, or scientific value, when taken as a whole, and
c. 
Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
OFFICIAL MAP
Shall mean a map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed conclusive with respect to the location and width of streets, public parks and playgrounds, and drainage rights of way shown thereon.
OFFICIAL NOTICE
Shall mean notification of all property owners affected by the proposed development within the limits defined in this chapter by either registered mail or delivery in person to the owner, his agent or to a competent member of his household over fourteen (14) years of age, and the requirement to have a notice of the public hearing published in a newspaper of general circulation within the borough at least ten (10) days prior to the hearing.
OPEN SPACE
Shall mean any part of a lot with a building which is unbuilt upon and intended to meet the side, rear or front yard requirements of this chapter, or an open area of potentially developable use as park or active recreational area.
OWNER
Shall mean any person or legal entity having legal title to the lands sought to be developed or having written consent from the legal owner of said lands to act on his behalf.
PARKING AREA, PRIVATE
Shall mean a paved area, other than street, used for the parking of automobiles in the same manner as a private garage.
PARKING AREA, PUBLIC
Shall mean a paved area, other than street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
PARKING SPACE
Shall mean an off street area of not less than one hundred sixty-two (162) square feet, nine (9') feet by eighteen (18') feet, either within a structure or garage or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle, and having direct access to a street or alley.
PERFORMANCE GUARANTEE
Shall mean any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.1 and cash.
PERMITTED USE
Shall mean any use of the land as permitted according to this chapter. The term "permitted use" or its equivalent shall not include any nonconforming use.
PERSON
Shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity.
PLAT, PRELIMINARY
Shall mean the preliminary map indicating the proposed layout of the proposed development which is submitted to the secretary of the board for consideration and tentative approval.
PLAT, FINAL
Shall mean the final map of all or a portion of the subdivision which is presented to the board for final approval in accordance with the regulations of this chapter, and which, if approved, shall be filed with the proper County Recording Officer.
PORTABLE SIGN
Shall mean any sign that permanently attaches to the ground or a building.
PRINCIPAL BUILDING
See "main building."
PROFESSIONAL OCCUPATION
Shall mean a professional activity that is carried on as an accessory use of a residential lot by one (1) or more residents thereof who are duly licensed by the State of New Jersey and practicing as an architect, attorney at law, certified public accountant, dentist, licensed professional engineer, medical doctor, osteopath, chiropractor, optometrist, chiropodist, podiatrist, physical therapist or psychologist. Such a use must be carried on (a) wholly within a completely enclosed building, (b) in an area equal to or not more than one-half (1/2) of the area of the ground floor of the principal building, and (c) by not more than one (1) person other than members of the family residing on the premises shall be employed, and (d) no exterior sign for display shall be allowed for said use except as permitted by this chapter.
RECREATIONAL VEHICLE
Shall mean a vehicle, either self propelled or capable of being towed by a passenger car, station wagon or pickup truck, of such size and weight as not to require any special highway movement permits and primarily designed or constructed to provide temporary, movable, livable quarters for recreational, camping or travel use, or to carry such equipment but not for profit or commercial use. Included as "recreational vehicle," but not to the exclusion of any other types not herein mentioned are trailers, trailer coaches, camping trailers, motor homes, pickup (slide in) campers, chassis mounts, converted vans, chopped vans, mini motor homes, fifth-wheel trailers of "recreational vehicle" construction, design and intent (as opposed to commercial fifth-wheel trailers), boats and boat trailers, snowmobile and snowmobile trailers, and truck caps.
RECYCLING AREA
Shall mean space allocated for collection and storage of source-separated recyclable materials.
RESERVE STRIP
Shall mean that parcel of undeveloped land designated for dedication as a public or quasi public use.
RESTAURANT
Shall mean and include any restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, and any other place in which food is sold for consumption on the premises.
RIGHT OF WAY
Shall mean the land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, trees and shrubbery and the proper amount of light and air as established by local authorities. Street rights of way shall be measured from lot line to lot line.
ROOMING HOUSE
Shall mean any building or portion thereof containing sleeping accommodations without individual cooking facilities and rented for compensation to people who are not members of the family as defined in this section. The term "rooming house" shall be deemed to include lodging house and boarding house.
SATELLITE DISH ANTENNA
Shall mean an apparatus capable of receiving signals from geostationary orbital satellites.
SEXUALLY ORIENTED BUSINESS
Shall mean:
a. 
A commercial establishment that, as one of its business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material; computer programs or software; or photographs, films, compact or video disks, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion picture machines, projectors, or other image-producing devices that show images to one (1) or more person per machine at any one (1) time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia that are designed for use in connection with a specified sexual activity; or
b. 
A commercial establishment that features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or that regularly shows films, motion pictures, video cassettes, slides, or any computer generated or electronically generated images or other photographic representations that depict or describe a specified sexual activity or specified anatomical area.
SIGN
Shall mean a structure that is arranged, intended, designed or used as an advertisement, announcement or directory. For the purpose of this chapter, the term "sign" shall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning, banner or canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product when the same is placed in view of the general public.
SPECIFIED ANATOMICAL AREA
Shall mean:
a. 
Less than completely and opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola; or
b. 
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
a. 
The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock, or female breast; or
b. 
Any actual or simulated act of human masturbation, sexual intercourse, oral sex, or deviate sexual intercourse.
STORY
Shall mean that part of any building comprised between the level of one (1) finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, County, or municipal roadway, or (b) which is shown upon a plat heretofore approved pursuant to law, or (c) which is approved by official action as provided by the Municipal Land Use Law, or (d) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board/Zoning Board of Adjustment and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
[Amended by Ord. No. 11-2]
STREET, ARTERIAL
Shall mean a street used primarily for fast or heavy volumes of traffic and used generally to proceed between major urban centers, or other large areas of development as commercial centers, industrial areas, and concentrated residential communities through or around the locality of the borough.
STREET, COLLECTOR
Shall mean those which carry traffic from local streets to the arterial streets and designed to have considerable continuity and traffic capacity.
STREET, CUL-DE-SAC
Shall mean a local dead end street terminating in a circular, or other turn around area generally not used for ingress and egress by more than twenty (20) abutting lots and not longer than five hundred (500) feet.
STREET, LOCAL
Shall mean those streets which need to be entered only for stopping at a designation on that street and which need not be used for general traffic circulation through the borough.
STREET LINE
Shall mean the dividing line between the street right of way and a lot. Where title to land extends to the center of a road, easement, or right-of-way, the side line of such road, easement or right-of-way shall be deemed to be the street line of a street.
STRUCTURE
Shall mean anything constructed or erected which requires permanent location on the ground or attachment to something having such location.
SUBDIVISION
Shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: (a) divisions of land found by the Planning Board/Zoning Board of Adjustment subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, (b) divisions of property by testamentary or interstate provisions, (c) divisions of property upon court order, including but not limited to judgments of foreclosure, (d) consolidation of existing lots by deed or other recorded instrument and (e) the conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR
Shall mean all subdivisions not classified as minor subdivisions.
SUBDIVISION, MINOR
Shall mean a subdivision of land for the creation of not more than two (2) lots provided that such subdivision does not involve (a) a planned development, (b) any new street or (c) the extension of any off tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
SWIMMING POOL, PRIVATE, RESIDENTIAL
Shall mean a tank or basin of water, containing in excess of five hundred (500) gallons, to be used for private, recreational swimming by private families and their social guests on residential premises.
USE
Shall mean the specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, constructed, altered, converted, occupied, maintained, rented, leased or intended to be used.
WALKWAY
Shall mean a right of way, dedicated to public use, to facilitate pedestrian access through a subdivision.
YARD
Shall mean the space on a lot extending along a lot line between such lot line and a principal building, or nonbuilding use occupying such lot.
YARD, FRONT
Shall mean an open space extending across the full width of the lot, the depth of which is the minimum distance between the nearest point on the street line and the nearest part of the main or accessory building.
[1]
Editor’s Note: The Planning Board and Zoning Board of Adjustment in existence at the time of the adoption of this section shall be abolished and disbanded upon the effective date of this section, except as provided below. Any development application that is not certified to be complete pursuant to subsection 21A-5.12 of the Zoning Ordinance upon the effective date of this section will be heard and determined by the Planning Board/Zoning Board of Adjustment established by this section. Nevertheless, the existing Planning Board and Zoning Board of Adjustment will be authorized to continue to hold public hearings on and to render decisions on applications duly filed and certified to be complete before the effective date hereof pursuant to subsection 21A-5.12 of the Zoning Ordinance. Prior ordinance history includes portions of Ordinance Nos. 1007 and 1041.
[Ord. #1112, S1]
a. 
Pursuant to N.J.S.A. 40:55D-25(c) as amended by P.L. 1994 c. 184, there is hereby established in the borough a Planning Board/Zoning Board of Adjustment. All powers and functions previously vested in the planning board and zoning board of adjustment are transferred and assigned to the Planning Board/Zoning Board of Adjustment.
[Ord. #1112, S1]
a. 
The Planning Board/Zoning Board of Adjustment shall consist of nine (9) regular members consisting of the following four (4) classes:
Class I. The mayor or the mayor's designee in the absence of the mayor.
Class II. One (1) of the officials of the borough other than a member of the borough council, to be appointed by the mayor.
Class III. A member of the borough council, to be appointed by it.
Class IV. Six (6) other citizens of the borough to be appointed by the mayor. The members of Class IV shall hold no other municipal office, except that one (1) member may be a member of the board of education.
b. 
The term of the Class I member shall correspond with his/her tenure in office as mayor. The term of any mayor's designee shall be at the mayor's pleasure, during the mayor's tenure in office. The terms of the Class II and Class III members shall be for one (1) year or at the completion of their respective terms of office whichever occurs first.
c. 
The term of a Class IV member who is also a member of the board of education shall terminate whenever he/she is no longer a member of the board of education, or at the completion of his/her Class IV term, whichever occurs first.
d. 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four (4) years after their appointment provided, however, that no term of any member shall exceed four (4) years. Thereafter, all Class IV members shall serve for a four (4) year term. All terms shall run from January 1 of the year in which the appointment was made.
[Ord. #1112, S1]
a. 
The mayor shall appoint two (2) alternate members to the board, which members shall meet the qualifications of Class IV members of the board. Alternate members shall be designated at the time of appointment by the mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the mayor for the unexpired term only.
b. 
Alternate members may participate in the discussions of proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. If a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Ord. #1112, S1]
Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the governing body for cause. Cause for removal shall include, but is not limited to:
a. 
Any cause creating a vacancy as set forth by N.J.S.A. 40A:9-12.1.
b. 
Failure to attend seminars or continuing education courses as prescribed by the mayor and council.
c. 
Any other good cause found by the mayor and council to require the removal of a member.
[Ord. #1112, S1]
If a vacancy of any class shall occur otherwise than by expiration of a term, it shall be filled by appointment as above provided, for the unexpired term.
[Ord. #1112, S1]
The board shall elect a chair and vice chair from the members of Class IV and select a secretary who may be either a member of the board or a municipal employee designated by the board.
[Ord. #1112, S1]
There is hereby created the office of board attorney. The board may annually appoint and either fix the compensation of or agree upon the rate of compensation of the board attorney who shall be an attorney other than the borough attorney.
[Ord. #1112, S1]
The board may also employ or contract for the services of and fix the compensation of such experts and other staff and services as it may deem necessary. The board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the borough council for its use.
[Ord. #1112, S1]
a. 
Unless otherwise provided by statute, on all actions other than a variance under N.J.S.A. 40:55D-70(d), an affirmative concurring vote of a majority of the members present and eligible to vote shall be required.
b. 
For variance applications under N.J.S.A. 40:55D-70(d), the Class I and Class III members shall not be entitled to vote, and the variance may only be granted by an affirmative vote of five (5) members of the board.
[Ord. #1112, S1]
Inquiries as to whether a proposed land use is permissible under the zoning ordinance or official Zoning Map may be submitted in writing to the board, which shall issue a written response within forty-five (45) days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.
[Ord. #1112, S1]
There may be appointed by the chairman of the board with the consent of a majority of the board a committee of at least three (3) members of the board, which committee shall review all development applications in accordance with subsection 21-11.2a of these Revised General Ordinances and perform such other duties as may be conferred on it by the board.
[1]
Editor’s Note: Prior ordinance history includes portions of Ordinance No. 1107 and 1041.
[Ord. #1112, S1]
The powers of the board shall include all powers granted to planning boards by the Municipal Land Use Law, 40:55D-1 et seq., and any amendments or supplements thereto, including but not limited to the following:
a. 
To make and adopt and from time to time amend a master plan for the physical development of the borough including any areas outside its boundaries, which in the board's judgment, bear essential relation to the planning of the borough, in accordance with the provisions of N.J.S.A. 40:55D-28.
b. 
To approve subdivision plats by resolution as a condition for the filing of such plats with the County Recording Officer and approval of site plans by resolution as a condition for the issuance of a permit for any development, except that subdivision or individual lot applications for detached one (1) or two (2) dwelling unit buildings shall be exempt from such site plan review and approval.
c. 
To approve conditional use applications in accordance with the provisions of the zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-67.
d. 
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
e. 
To assemble data on a continuing basis as part of a continuous planning process.
f. 
To annually prepare a program of municipal capital improvement projects projected over a term of six (6) years, and amendments thereto, and recommend same to the borough council, pursuant to N.J.S.A. 40:55D-29.
g. 
To consider and make reports to the borough council within thirty-five (35) days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the Planning Board/Zoning Board of Adjustment by the borough council pursuant to the provisions of N.J.S.A. 40:55D-26(b).
[Amended by Ord. No. 11-2]
h. 
When reviewing applications for approval of subdivision plats, site plans, or conditional uses, to grant variances to the same extent and subject to the restrictions as provided by N.J.S.A. 40:55D-60.
i. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the borough council or other agencies or officers of the borough.
[Ord. #1112, S1]
The powers of the board shall include powers granted to the zoning boards of adjustment by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and any amendments or supplements thereto, including the following powers and duties:
a. 
To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made by an administrative officer or agency based on or made in the enforcement of the zoning regulations of this chapter.
b. 
To hear and decide requests for interpretation of the map or zoning regulations of this chapter, or for decisions upon other special questions upon which such board is authorized by this chapter to pass.
c. 
To grant variances in accordance with the provisions of the Municipal Land Use Law, including but not limited to variances under N.J.S.A. 40:55D-70(c) and (d) as amended and supplemented.
d. 
It is further the intent of this chapter to confer upon the board as full and complete powers as may lawfully be conferred upon zoning boards of adjustment, including, but not by way of limitation, the authority, in connection with any case, action or proceeding before the board, to interpret and construe the provisions of this chapter, or any term, clause, sentence or word hereof, in accordance with the general rules of construction, applicable to legislative enactments.
[Ord. #1112, S1]
In addition to the powers specified above, the board shall have the power:
a. 
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin, or public area reserved on the official map.
b. 
To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
c. 
Pursuant to N.J.S.A. 40:55D-76(b) and (c) and in accordance with the terms thereof, the board shall have the power to grant site plan approval or conditional use approval whenever the proposed development requires approval by the board of a variance pursuant to N.J.S.A. 40:55D-70(d).
[Ord. #1112, S1]
a. 
Appeals may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning ordinance or development map. Each appeal shall be taken within twenty (20) days by filing a notice of appeal with the officer from whom the appeal was taken, together with twelve (12) copies of the notice at the office of the Planning Board/Zoning Board of Adjustment. The notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken.
[Amended by Ord. No. 11-2]
b. 
Applications addressed to the original jurisdiction of the board without prior application to an administrative officer, shall be filed at the office of the board. Twelve (12) copies of the application shall be filed.
c. 
At the time of filing the appeal, the applicant shall pay the filing fee established by this chapter and file all plot plans, maps, or other papers required by virtue of any provision of this chapter or any rule of the board.
d. 
The applicant shall obtain all necessary forms from the secretary of the board. The secretary of the board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the board.
e. 
If the appeal or application for development is found to be incomplete, the applicant shall be notified in writing of the deficiencies therein by the board or the board's designee for the determination of completeness within forty-five (45) days of submission of such appeal or application or same shall be deemed to be properly submitted.
f. 
An appeal shall stay all proceedings in furtherance of the action appeal from, unless the officer from whom the appeal is taken certifies to the board, after notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the board or the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and for good cause shown.
[Ord. #1112, S1]
The board shall file with the mayor and council the annual report required by N.J.S.A. 40:55D-70.1.
[Ord. #1007, A5; Ord. #1041, S1; Ord. #1112, S2]
a. 
No member of the Planning Board/Zoning Board of Adjustment shall act on any matter if such action would violate N.J.S.A. 40A:9-22.5(d), nor will any board member act in any way contrary to the provisions of the Local Government Ethics Law, N.J.S.A. 40A:9-22 et seq., and the borough's ordinances enacted pursuant to that law.
b. 
If a board member is disqualified from acting on a particular matter, he or she shall not continue to sit with the board at the hearing of such matter nor participate in any discussion or decision relating thereto as a board member.
[Ord. #1007, A5; Ord. #1112, S2]
a. 
Meetings of both the Planning Board/Zoning Board of Adjustment shall be scheduled no less than once a month and any meeting so scheduled shall be held as scheduled unless canceled because no applications for development are pending at the time.
b. 
Special meetings may be provided for at the call of the chairman or on the request of any two (2) board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
c. 
No action shall be taken at any meeting without a quorum being present. A quorum shall consist of the majority of the full authorized regular membership of the board, provided that for purposes of determining the presence of a quorum, an alternate member shall be counted as a regular member if that alternate member is eligible to vote at that meeting.
d. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law., N.J.S.A. 10:4-6 et seq.
[Ord. #1007, A5]
Minutes of every regular or special hearing shall be kept and shall include the names of the persons appearing and addressing the board and of the persons appearing by attorney, the action taken by the board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use, which fee shall be calculated in the same manner as that established for copies of other public documents in the borough.
[Ord. #1007, A5]
a. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law," N.J.S.A. 2A:67A-1, et seq., shall apply.
b. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties, through their attorneys or directly, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
c. 
Evidence. Technical rules of evidence shall not apply to the hearing, but the board may exclude irrelevant, immaterial or unduly repetitious evidence.
d. 
Records. The board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested part at his expense. In furnishing a transcript of the proceedings to an interested party at his expense, the board shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.
e. 
Representations. Any applicant or interested party may appear before or file papers with the applicable board, either pro se or through an attorney at law licensed to practice in New Jersey, provided, however, that a corporation shall neither appear nor file any paper with any board except through an attorney at law licensed to practice in New Jersey
[Ord. #1007, A5; Ord. #1041, S2]
Whenever a hearing is required on an application for development pursuant to the Municipal Land Use Law, or pursuant to the determination of the board in question, the applicant shall give notice thereof as follows at least ten (10) days prior to the date of the hearing:
a. 
Public notice shall be given by publication n the official newspaper of the borough.
b. 
Notice shall be given by the applicant to the owners of all real property as shown on the current tax duplicate to be located within two hundred (200') feet in all directions of the property which is the subject of such hearing, whether located within or without the borough. Such notice shall be given by:
1. 
Serving a copy thereof on the owners as shown on the current tax duplicate or his agent in charge of the property.
2. 
Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required.
3. 
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, a secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
c. 
Notice of all hearings on applications for development involving property located within two hundred (200') feet of an adjoining municipality shall be given by personal service or certified mail by the applicant to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection 21A-5.5b to the owners of lands in such adjoining municipality which are located within two hundred (200') feet of the subject premises.
d. 
Notice shall be given by personal service or certified mail by the applicant to the County Planning Board of a hearing on an application for development of property that is adjacent to an existing County road or proposed road shown on the Official County Map or on the Master Plan that affects a county drainage facility that adjoins other county land, or that is situated within two hundred (200') feet of a municipality boundary.
e. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of property adjacent to a State highway.
f. 
Notice shall be given by personal service or certified mail by the applicant to the State Planning Commission of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the borough clerk pursuant to N.J.S.A. 40:55D-10(B).
g. 
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under the Municipal Land Use Law requiring public notice pursuant to N.J.S.A. 40:55D-12(a), shall be given to any public utility, cable television, or local utility that possesses a right-of-way or easement within the borough that has registered with the borough clerk in accordance with Section 5 of P.L. 1991 c. 412 (N.J.S.A. 40:55D-12.1), by serving a copy of the notice on or mailing a copy thereof by certified mail to the person whose name appears on any registration form filed with the borough by any public utilities, local utilities, or cable television companies as required by N.J.S.A. 40:55D-12.1(a) (Chapter 412 of the Laws of 1991).
h. 
All notices specified in this subsection shall be given by the applicant at least ten (10) days prior to the date fixed for hearing. The applicant shall file, at least five (5) days before the hearing, an affidavit of proof of service with the board holding the hearing on the application for development.
i. 
Any notice made by certified mail shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
j. 
All notices required to be given pursuant to the terms of this subsection shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's Office and the location and times at which any maps and documents for which approval is sought are available as required by law.
[Ord. #1007, A5; Ord. #1041, S2; Ord. #1112, S2; Ord. #1214, S1]
Pursuant to the provisions of N.J.S.A. 40:55D-12(c), the secretary to the building department and Planning Board/Zoning Board of Adjustment, the borough administrator or the borough clerk (in that order of priority) shall within seven (7) days after receipt of a written request, and upon receipt of payment of the required fee, make and certify the following:
a. 
List from the current tax duplicates of names and addressees of owners to whom the applicant is required to give notice, and
b. 
A list of the names, addresses and positions of those persons who, not less than seven (7) days prior to the date on which the applicant requested the list, have registered with the borough clerk to receive notice of an application pursuant to N.J.S.A. 40:55D-12(h) on behalf of any public utility, cable television company, or local utility, as those terms are defined by N.J.S.A. 40:55D-3, 4 and 6.
[Ord. #1007, A5]
a. 
Each decision on an application for development shall be reduced to writing as provided in this section and shall include findings of facts and conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval, or, if the meeting at which such action is taken occurs within the final forty-five (45) days of the applicable time period for rendering a decision on the application for development, within forty-five (45) days of such meeting, by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by the resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
b. 
The adoption of a resolution memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application. Such resolution shall be adopted by a vote of the majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency, and not to be an action of the municipal agency; except that failure to adopt such a resolution within a forty-five (45) day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
c. 
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by subsections 21A-5.8 and 21A-5.9.
[Ord. #1007, A5]
A copy of the decision shall be mailed by the board within ten (10) days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and paid the prescribed fee. A copy of the decision shall be filed in the office of the board, which shall make a copy of such filed decision available to any interested party upon payment of the prescribed fee.
[Ord. #1007, A5; Ord. #1112, S2]
A brief notice of every final decision shall be published in the official newspaper of the borough. Such publication shall be arranged by the Planning Board/Zoning Board of Adjustment, as the case may be, and the applicant shall be charged a fee therefor as set forth in subsection 21A-6.2d5. This notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision.
[Ord #1007, A5; Ord. #1112, S2]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board/Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property that is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of provision for payment thereof in such manner that the borough will be adequately protected.
[Ord. #1007, A5; Ord. #1112, S2]
The Planning Board/Zoning Board of Adjustment shall adopt, and may from time to time amend, such rules and regulations with respect to the provisions and purposes of this chapter, which rules and regulations shall not be inconsistent with this chapter. Said rules and regulations shall be available for inspection at the office of the respective boards and copies thereof shall be provided to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the borough.
[Ord. #1033; Ord. #1112, S2]
a. 
No application shall be deemed complete unless the Planning Board/Zoning Board of Adjustment, or its authorized committee or designee, has certified that the applicant has provided all of the information required by the application checklist, set forth in Appendix A-7 of this section.[1] The completeness determination will be made within forty-five (45) days of the submission of the application to the board secretary. If the application is deemed to be complete, the board, or its committee or designee, shall so certify in writing, as of the date of certification. If the application is deemed incomplete, the applicant will be notified in writing of the deficiencies of the application, with specific reference to the missing items that are required by the application checklist.
[1]
Editor’s Note: Appendix A-7 is included as an attachment to this chapter.
b. 
The applicant may request that one or more of the checklist requirements be waived. If the applicant makes this request, the board, or its authorized committee or designee, shall grant or deny the request within forty-five (45) days of the receipt of the request.
c. 
Nothing herein shall be construed to diminish the applicant's obligation to prove in the application process that he is entitled to approval of the application. The board may subsequently require correction of any information found to be in error and the submission of additional information not specified in this subsection or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision whether the requirements necessary for approval of the application for development have been met.
d. 
All applicants seeking approval from the Planning Board/Zoning Board of Adjustment will be provided with a copy of the checklist with all application forms.
[Amended by Ord. No. 11-2]
[Ord. #1041, S3]
Every public utility, cable television company, and local utility interested in receiving notice of zoning or planning applications pursuant to N.J.S.A. 40:55D-12(h) may file a registration form with the borough clerk on the form provided by the clerk. The registration shall remain in effect until it is revoked by the public utility, cable television company, or local utility, or by its successor in interest. The borough clerk shall maintain a record of all registration forms filed, and the information thereon shall be provided to applicants requesting same who pay the required fee. A fee of ten ($10.00) dollars shall be paid by any public utility, cable television company, or local utility that files a registration form and wishes to receive notice pursuant to N.J.S.A. 40:55D-12.
[Ord. #1112, S2]
Any applicant or other interested person may, within twenty (20) days after the publication of notice of the decision, move the board for a rehearing of the matter by filing an application in the form of a letter addressed to the board containing a brief statement of the grounds relied upon. If the motion is granted by the board, it shall fix a date for rehearing and shall require the moving party to give notice to all persons who participated in the original hearing or hearings, upon such terms as the board may deem adequate. The board may grant a rehearing on its own motion when unusual circumstances so require in the interest of justice.
[Ord. #1112, S2]
At any time after the adoption of a resolution granting a variance, any person having an interest in such decision may move the board for an order vacating or modifying any term of condition of said decision by filing with the board a petition in the form of a letter setting forth the reasons therefor and the grounds relied upon. If the petition is granted, the board shall fix a date for hearing, and the movant shall give notice of such hearing in the same form and manner as required in the case of original petitions. The board, on its own motion, may in a proper case similarly order all parties in interest to show cause at a time and place fixed in the notice why the terms or provisions of any variance ought not to be vacated or modified.
[Ord. #1112, S2]
Any variance or exception from the terms of this chapter hereafter approved permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by variance, or unless such permitted use has been commenced, within one (1) year from the date of publication of the notice of the judgment or determination. The running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the board to a court of competent jurisdiction, until the termination of such appeal or proceeding. For purposes of this subsection, the mere receipt of a building permit, without more, shall not be deemed to constitute actual commencement of construction or alteration.
[Ord. #1112, S2]
The board shall render its decisions in all matters in accordance with the time constraints established by the Municipal Land Use Law.
[Ord. #1007, A6; Ord. #1112, S2]
All fees as hereinafter required shall be payable at the time of filing any application for development. All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided for in this chapter, and no approvals shall be given by the Planning Board/Zoning Board of Adjustment until proof has been submitted to them that the requisite fees have, in fact, been paid.
[Ord. #1007, A6; Ord. #1041, S4; Ord. #1112, S2; Ord. #1423]
All applicants or appellants to the Planning Board/Zoning Board of Adjustment, construction official or governing body shall pay the following applicable fees:
a. 
Application for Subdivision:
1. 
Minor subdivisions.
(a) 
One-family, two-family and charitable organizations or lands to be used for these purposes: $100.00
(b) 
Three-family to ten-family dwelling units, or land to be used for these purposes: $160.00
(c) 
Multiple family dwellings in excess of ten (10) units, or land to be used for this purpose: $500.00
(d) 
Business and industrial buildings and structures, or land to be used for these purposes on property less than two (2) acres: $200.00
(e) 
Business and industrial buildings and structures, or land to be used for these purposes on property of two (2) acres or more: $400.00
2. 
Major subdivisions.
(a) 
All classes: $1,100.00
b. 
Application for Site Plan Approval:
1. 
For use of property for residential purposes of one- and two-family houses: $100.00
2. 
For multiple family residences of three (3) or more units: $10.00 per dwelling unit with minimum fee of $150.00
3. 
All other nonresidential applications for site plan approval: $10.00 per thousand sq. ft. of gross floor area or $200.00, whichever is greater
c. 
Application for Variance Relief:
1. 
For property in the Industrial or Business Zone: $200.00
2. 
For use of property for three (3) or more dwelling units: $400.00
3. 
For any use prohibited in all zones: $400.00
4. 
For sign variances: $100.00
5. 
To use or convert property for two-family dwelling purposes: $200.00
6. 
All other variance applications: $100.00
d. 
Miscellaneous:
1. 
List of owners within 200 feet and public utilities, cable television companies or local utilities: The greater of $10.00 or $0.25 per name
2. 
Copy of rules and regulations: $5.00
3. 
Reproduction of minutes, each page: $1.00
4. 
Reproduction of hearing:
(a) 
Reproduction of tape: $5.00 plus actual cost
(b) 
Transcript of hearing: $5.00 plus actual cost
5. 
Publication of decision: $10.00 plus actual cost of publishing
6. 
Certified copy of resolution of decision: $15.00
[Ord. #1354, S21A—2.1]
A permit shall be required to be obtained from the Zoning Officer for the following, same to be issued upon payment of the fee indicated:
a. 
Residential.
1. 
Nonresidential improvement: $15.00
2. 
Accessory structure: $15.00
3. 
Addition: $15.00
4. 
New structure: $50.00
5. 
Alteration: $25.00
b. 
Nonresidential:
1. 
Sign: $15.00
2. 
Addition: $75.00
3. 
New structure: $100.00
4. 
Change in use*: $50.00
* The type of change in use covered here is the type allowed within that same zone and not requiring a variance.
5. 
Alteration: $50.00
6. 
Nonstructural improvement: $25.00
[Ord. #1007, A6; Ord. #1041, S5; Ord. #1423; Ord. #1435]
a. 
In addition to the required application fees established by this chapter, a developer shall be required to establish one (1) or more escrow accounts with the Borough of Bogota to cover the reasonable and necessary review and consultation costs for the following applications:
1. 
Preliminary site plan review: $3,500.00 or board's discretion
2. 
Final site plan review: 1/2 of preliminary escrow
3. 
Preliminary subdivision review: $3,500.00 or board's discretion
4. 
Final subdivision review: 1/2 of preliminary escrow
5. 
Any subdivision requiring site plan review: $3,500.00 or board's discretion
6. 
Any subdivision requiring planned development review: $3,500.00 or board's discretion
7. 
Any subdivision requiring a variance of any type: $3,500.00
8. 
Any application for a variance other than that for the alteration of a one- or two-family dwelling: $3,500.00
9. 
Any application for a variance under N.J.S.A. 40:55D-70(d): $3,500.00
10. 
Concept Plans: $1,000.00
b. 
The escrow accounts shall be used to reimburse the borough for all expenses of professional personnel incurred and paid by it necessary to process an application for development before a municipal agency, such as, but not by way of limitation:
1. 
Charges for reviews by professional personnel of applications and accompanying documents,
2. 
Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by applicant,
3. 
Charges for any telephone conference or meting requested or initiated by applicant, his attorney or any of his experts.
4. 
Review of additional documents submitted by applicant and issuance of reports relating thereto,
5. 
Review or preparation of easements, developers' agreements, deeds, resolutions or the like,
6. 
Preparation for and attendance at meeting,
7. 
The cost of expert advise or testimony obtained by the municipal agency for the purpose of corroborating testimony of applicant's experts; provided that the municipal agency gives prior notice to applicant of its intention to obtain such additional expert advice or testimony and affords applicant an opportunity to be heard as to the necessity for such additional advice or testimony and definition of the limitations on the nature and extent thereof.
c. 
The term "professional personnel" or "professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser or other expert who would provide professional services to insure an application meets performance standards set forth in this section and other experts whose testimony is in an area in which the applicant has presented expert testimony.
d. 
Upon the filing of an application as set forth in paragraph a this subsection, an applicant shall deposit in an escrow account with the borough's treasurer the following initial escrow deposits:
1. 
Site Plans:
(a) 
Concept plan. No charge where the applicant asks for review without input and advice from the board's professional advisors. Where the applicant requests review with input and advise from the board's professional advisors, there shall be a minimum escrow deposit fee of one thousand ($1,000.00) dollars.
(b) 
Preliminary site plan. For any site plan involving nonresidential development there shall be a review fee of fifty ($50.00) dollars for the first twenty thousand (20,000) square feet of lot area or fraction thereof, plus ten ($10.00) dollars for each ten thousand (10,000) square feet or fraction thereof of lot area over twenty thousand (20,000) square feet, plus fifty ($50.00) dollars for the first one thousand (1,000) square feet of floor area of any new building or alteration of or addition to any existing building on the subject property, plus ten ($10.00) dollars for each one thousand (1,000) square feet. No site plan for preliminary approval shall have a review fee less than one thousand ($1,000.00) dollars.
(c) 
Final site plan. The final site plan review fee shall be one-half (1/2) the preliminary site plan review fee prorated. Any site plan containing both nonresidential and residential development shall pay a fee that equals the collective technical review fee of the nonresidential and residential parts as above outlined.
2. 
Conditional use. The review fee for a conditional use shall be one thousand ($1,000.00) dollars.
3. 
Subdivision:
(a) 
Concept plan. No charges where the applicant asks for review without input and advice from the board's professional advisors. Where the applicant requests review with input and advice from the board's professional advisors, there shall be a minimum escrow deposit fee of one thousand ($1,000.00) dollars.
(b) 
Minor subdivision or resubdivision. One hundred ($100.00) dollars for each lot within the proposed subdivisions or five hundred ($500.00) dollars, whichever is greater.
(c) 
Preliminary plat of a major subdivision. One hundred ($100.00) dollars for each lot within preliminary plat of subdivision or five hundred ($500.00) dollars, whichever is greater.
(d) 
Final plat of a major subdivision. Fifty ($50.00) dollars for each lot within the final plat of subdivision.
4. 
Variance under N.J.S.A. 40:55D-70(d):
(a) 
When no site plan or subdivision is sought, one thousand ($1,000.00) dollars for each variance.
(b) 
When a variance is sought in connection with an application listed in paragraphs 1-3 of this paragraph d, no charge.
e. 
Upon receipt of an application for one (1) of the developments listed in the preceding section, the board secretary shall send a copy of the application and one (1) set of all plans and reports to the municipal engineer, the planning consultant, the board attorney and any other professional authorized by the board. Within seven (7) days of the receipt of same, said professionals shall submit an estimate of funds sufficient in the amount to undertake technical reviews and findings of fact relative to the application. If upon review of those estimates, the board and/or its designee or committee finds that the fees listed in the preceding subsection are insufficient to pay the estimated necessary costs for examination and review of an application, such additional amount as in the reasonable judgment of the board will be necessary to pay said costs shall be requested from the applicant.
f. 
The board and/or its designee or committee, shall not determine an application is complete until the necessary escrow deposit is paid.
g. 
The treasurer of the borough shall place all escrow deposits in an escrow account to be used to pay all costs referred to in this section, which shall be paid in the ordinary manner after the submission of vouchers by the professionals.
h. 
If during the review of an application the board determines that additional escrow deposits are required, the applicant shall be directed to pay the additional estimated costs, within fourteen (14) days of the receipt of a demand for the additional escrow deposit.
i. 
No professional personnel submitting charges to the borough for any of the services referred to in this subsection shall charge for any of the services at any higher rate or in any different manner than would normally be charged the borough for similar work as ascertained by the professional's contract employment with the borough or by provisions of the salary ordinance. Payment of any bill rendered by a professional to the borough with respect to any service for which the municipality is entitled to reimbursement under this subsection shall in no way be contingent upon receipt of reimbursement by developer, nor shall any payment to a professional be delayed pending reimbursement from a developer.
j. 
No plat or site plan shall be signed, nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services have been received by the borough from professional personnel rendering services in connection with such application and payment has been approved by the borough's clerk an amount agreed upon by applicant and the board is likely to be sufficient to cover all reimbursable items; and upon posting said deposit with the borough, the appropriate maps or permits may be signed and released or issued to the developer. If the amount of the deposit exceeds the actual costs is approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allows by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency.
k. 
If any fees paid by an applicant into the professional review escrow account shall exceed five thousand ($5,000.00) dollars the applicant's account shall be placed into an interest bearing trust account in conformance with the requirements of N.J.S.A. 40:55D-53. The applicant shall be notified, in writing, of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A. 40:55D-53.1. The borough shall not be required to refund an amount of interest paid on a deposit that does not exceed one hundred ($100.00) dollars for the year. If the amount of interest exceeds one hundred ($100.00) dollars, that entire amount shall belong to the applicant and shall be refunded to him by the borough annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the borough may retain for administrative expenses, a sum equivalent to no more than thirty-three and one-third (33-1/3%) percent of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
1. 
All payments charged to the escrow deposit shall be made pursuant to vouchers from the professionals stating the hours spent, the hourly rate, and the expenses incurred. The borough shall render a written final accounting to the developer on the use to which the deposit was put. Thereafter, the borough shall, upon written request, provide copies of the vouchers to the developer, within thirty (30) days of receipt of the request.
[Ord. #1007, A7; Ord. #1091, SII; Ord. #1256, S1; Ord. #1268, S1; Ord. #1282, S6]
For the purpose of this chapter, the Borough of Bogota is hereby divided into use districts as follows:
Zone Designation
Zone Description
R-1
One-Family Residential
R-1A
One-Family Residential/Multi-Family, Senior Citizen
R-2
One- and Two-Family Residential
R-3
Multi-Family Residential
R-4
Residential/Multi-Family Senior Citizen
PD
Planned Development
AR
Age Restricted Housing
B-1
Business, Retail
B-2
Business
B-3
Business, Office
I
Industrial
P
Parkland
[Ord. #1007, A-7; Ord. No. 1247, S1; Ord. #1256, S1; Ord. #1268, S1; Ord. #1282, S6]
The location and boundaries of said districts are hereby established on the Zoning Map of the Borough of Bogota prepared by Stewart/Burgis dated January, 1990, as amended or supplemented, which hereby is made a part of this chapter. Said map or maps and all notations, references and designations shown thereon shall be, as such, a part of this chapter as if the same were fully described and set forth herein.[1]
a. 
Amendments.
1. 
The following properties, as designated on the Borough's Tax Map, have been rezoned from the B-1 zoning district to the B-3 zoning district: Lots 7, 8, 8.01, 9, 9.01, 10, 11, and 12 in block 40 and lots 15, 16, 17, 18, 19, and 24 in block 35.
2. 
The Zoning Map of the Borough is amended to create in the area currently contained within the Planned Residential Development ("PD-1") and Planned Mixed Development ("PD-2") zoning districts a new zoning district that shall be designated as the Planned Development Zone District ("PD").
3. 
The Zoning Map of the Borough is hereby revised to delete the R-2 Residential District designation for Block 39, Lot 7.01, and to redesignate Block 39, Lot 7.01 as the AR-Age Restricted Housing District.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Ord. #1007, A7]
a. 
Designations of Zone Boundaries. The zone boundary lines are intended generally to follow the center lines of streets, existing lot lines, the center lines of rivers, streams and other waterways, and municipal boundary lines. When a district boundary line does not follow such a line, its position shall be shown on the Zoning Map by a specific dimension expressing its distance, in feet, from a street line or other boundary line as indicated, or shall be determined by the use of the scale appearing on such map.
b. 
Where a vacated right-of-way is bounded on either side by more than one (1) district, the former center line of such right-of-way shall become the new district line.
c. 
Determination of Doubtful Lines. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall lie with the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
[Ord. #1007, A7]
Except as previously or hereinafter provided, it shall be unlawful to relocate, erect, construct, reconstruct, enlarge, convert, alter, or use, wholly or in part, any building, structure or land except in conformity with the regulations of the district in which such building, structure or land is located.
[Ord. #1007, A7; Ord. #1098, SI; Ord. #1129, S5; Ord. #1288, S2; Ord. #1291, S2; amended by Ord. No. 11-2; 12-5-2019 by Ord. No. 1535]
All uses not expressly permitted in this chapter or by statute are prohibited. If any proposal for a use not specifically permitted by this chapter is made to the Board of Adjustment, the Planning Board shall be notified of the date, time and place of the public hearing and be supplied with a copy of the application in order that the Planning Board may review and make a recommendation to the Board of Adjustment at the public hearing of the Board of Adjustment. The Planning Board may offer an opinion as to whether such proposed new use is compatible with the Master Plan.
a. 
Specified Prohibitions:
1. 
Any use of any building or premises in such a manner that the health, safety, morals or welfare of the community may be endangered is prohibited.
2. 
The transportation of hazardous materials through the Borough, or the storage or dumping of such materials on any property located in the Borough is expressly prohibited. For purposes of this subsection, "hazardous materials" shall be defined as those substances listed in accordance with the current National Fire Protection Association Standard # 704, "Identification of Hazardous Materials as to Fire Hazard, Health Hazard and Reactivity Hazard," or set forth in the United States Department of Transportation Hazardous Materials Guidebook (1980).
3. 
The use for habitation of a recreational vehicle or other trailer not permanently affixed to the land is prohibited, except on the site of a residence rendered uninhabitable by fire and other casualty. In such event, such recreational vehicle or trailer may be inhabited only by the persons displaced by the casualty, after a temporary certificate of occupancy has been issued by the Building Department. The foregoing shall not preclude the use of trailers for construction purposes on construction sites, provided such use begins not sooner than 30 days prior to commencement of construction and ends no later than seven days after completion of construction as determined by the Construction Official.
4. 
Automobile junkyards.
5. 
Carousel, roller coasters, whirligigs, merry-go-rounds, ferris wheels or similar amusement devices except as provided for in § 4-10 of the Borough Ordinances.
6. 
Carting, express, hauling or storage yards for solid waste and/or recycling, collection and disposal.
7. 
Businesses engaged in the sale, distribution, rental, or exhibition of obscene material.
8. 
Massage parlors.
9. 
Sexually oriented businesses, except as permitted as a conditional use in § 21A-12.7.
10. 
Communications towers and communication antennas, except as permitted as conditional uses in § 21A-12.8.
11. 
Dispatch services, except as permitted as conditional uses in the I Industrial Zone.
[Ord. #1007, A7]
Any lawful structure or use existing at the time of the enactment of this chapter may be continued, even though such structure or use may not conform with the provisions of this chapter for the district in which it is located. No such structure or use, however, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the said district.
a. 
Abandonment. A cessation of a lawful nonconforming use or activity on the part of the occupant for a period of one (1) year shall be deemed prima facie evidence of abandonment of such use, and shall preclude return of said nonconforming use absent presentation to the Planning Board/Zoning Board of Adjustment of satisfactory proof of a lack of intent to abandon.
[Amended by Ord. No. 11-2]
b. 
Conversion to Permitted Use. Any nonconforming structure or use that has been changed to a conforming use shall not be changed back again to a nonconforming use.
c. 
Restoration. Any nonconforming structure or use that has been partially destroyed by fire, explosion, flood, windstorm or other act of God may be rebuilt, restored or repaired, provided that such rebuilding, restoration, or repair shall not alter or extend the nonconforming use that existed prior to the partial destruction. If the building or use is completely destroyed, it shall not be rebuilt, restored or repaired unless in conformity to the building and use requirements of this chapter.
d. 
Repairs and Alterations. Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming structure, provided that no structural alterations shall be made except such as are required by law.
e. 
Accessory Structures. Even though an existing principal structure may violate the minimum yard requirements set forth in this section but not the building coverage requirements, there may be constructed without recourse to the Planning Board/Zoning Board of Adjustment, an accessory structure or an addition to a structure conforming to the building lines of the principal structure, provided said accessory structure or addition in itself does not violate any other part of this chapter.
[Amended by Ord. No. 11-2]
[Ord. #1007, A8; Ord. #1129, SS1, 2; Ord. #1244, S1; Ord. #1256, SS2, 3; Ord. #1268, SS2, 3]
The regulations which control development in each district are set forth in the attached Schedules 2-1 and 2-2,[1] which are also supplemented by other sections of this chapter.
[1]
Editor’s Note: Schedules 2-1 and 2-2 are included as attachments to this chapter.
[Ord. #1007, A8]
a. 
No building shall be erected, moved, altered, constructed, reconstructed, or enlarged, except as specified in this chapter, nor shall any land or building be used for any purpose or in any manner, except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
b. 
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals and general welfare.
[Ord. #1007, A8]
a. 
Any use not specifically designated as a principal permitted use, accessory use, or conditional use is specifically prohibited from any zone district in the Borough of Bogota.
b. 
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.
c. 
The area or dimension of any lot, yard or other space shall not be reduced to less than the minimum required by this chapter and if already existing at less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
d. 
All off-street parking and loading shall be located on the lot on which the principal use is located.
e. 
In cases of uncertainty or disagreement as to the proper application of any of the requirements of this chapter, the determination thereof shall lie with the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
f. 
The sale or display of goods outside the confines of a building or structure is prohibited except for the following:
1. 
The sale of products for garden supply and building material establishments;
2. 
The sale of gasoline and related automotive goods at automobile service stations;
3. 
Sidewalk sales, subject to the issuance of the applicable permit by the borough;
4. 
Outdoor sales for nonprofit and philanthropic organizations, subject to the issuance of any applicable permit by the borough;
5. 
Where two (2) or more contiguous lots exist under the same ownership and one (1) or more of said lots do not conform with the area and/or dimension requirements of this chapter, said contiguous lots shall be considered merged into the greatest number of conforming lots;
6. 
This section shall not be applied so as to prevent any occupant from conducting a garage sale on residential premises, provided that each such sale shall have a maximum duration of three (3) days and that no more than two (2) such sales shall be conducted during any one (1) calendar year from the same residential premises.
[Ord. #1007, A8]
There shall be no more than one (1) principal building on each lot in any district, except as permitted for townhouses, garden apartments and planned developments, as regulated herein.
[Ord. #1007, A8]
Corner lots shall have one (1) front yard for measurement purposes. The applicant shall have the discretion to select which yard fronting a street represents the front yard for measurement purposes.
[Ord. #10078, A8]
Pre-existing nonconforming owner occupied two-family dwellings shall be permitted to be enlarged or otherwise improved, provided that no additional dwelling units result from the improvement, and that none of the applicable zone district's yard, coverage and height restrictions are violated.
[Ord. #1007, A8]
Driveways serving detached dwellings shall have a curb cut which does not exceed eighteen (18') feet in width. The driveway apron shall have a width no greater than ten (10') feet wider than the width dimension of the garage it serves.
[Ord. #1007, A9]
a. 
Every principal building or structure shall be built upon a lot with at least the minimum required frontage upon an improved and approved street.
b. 
The minimum lot width shall be measured at the front lot line.
c. 
The sketch maps in the appendix illustrate the delineation of yards for measurement purposes regarding corner lots and other lots. The location of driveways, front doors or front facades shall not be relevant in regard to the foregoing regulations.
d. 
Within any sight triangle, no grading, vegetation, sign or other object shall be allowed to exceed a height or thirty (30") inches above the adjacent roadway, or be placed in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Said triangle shall be formed by the street lines of such lot and a line drawn between points along such street liens twenty-five (25') feet distant from their point of intersection.
e. 
Where a single lot under individual ownership extends from one street to another, defined herein as a through lot, both frontages shall be subject to the front yard requirements of this chapter.
f. 
In all cases where a lot is divided by one (1) or more district boundary lines, regulations for the less restricted portions of such lot shall not extend into the more restricted portion.
[Ord. #1007, A9]
a. 
General Regulations.
1. 
No building or part thereof shall project into any required yard except as provided hereafter.
2. 
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
b. 
Projections Into Required Yards — General Exceptions.
1. 
The ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures may project a maximum distance of six (6") inches into required yards.
2. 
Cornices, canopies, eaves, bay windows, balconies, and necessary landings and other similar architectural features may project a maximum distance of two (2') feet into required yards. Front steps may reject a maximum distance of four (4') feet into a required front yard.
3. 
Chimneys or flues may project a maximum distance of three (3') feet in required yards.
4. 
Patios, decks and swimming pools shall not be located in any rear yard closer than six (6') feet to a property line. Swimming pools shall not be closer than six (6') feet from a structure.
5. 
Fences and walls may project into any required yard, subject to the applicable regulations set forth in the Borough Land Development Ordinance.
c. 
Front Yard Requirements Affected by Master plan or Official Map. Where any lot fronts upon a street right-of-way which is proposed to be widened as indicted on an official map or an adopted Master Plan of the Borough of Bogota, the front yard shall be measured from such proposed future right-of-way line.
d. 
Front Yard Requirement Affected by Future Widening. Where any lot fronts upon a street right-of-way which is proposed to be widened by means of a proposed dedication of land for a right-of-way widening or proposed easement for road widening purposes, the front yard shall be measured from such proposed future right-of-way or easement line.
[Ord. #1007, A9]
a. 
No building or structure shall have a greater number of stories or greater number of feet than are permitted in the district where such building is located.
b. 
Chimneys, flues, church spires, belfries, cupolas, parapet walls, flagpoles, fire towers, water towers and all other necessary mechanical appurtenances and similar features, but excluding telegraph, radio and television transmission or other antennas, shall be exempt from the height provisions of this chapter provided that:
1. 
The height of each such feature except parapet walls shall not exceed ten (10') feet above the level of such roof. Parapet walls shall not extend more than four (4') feet above the height of the building;
2. 
The aggregate area covered by all such features, but excluding solar heating features, shall not exceed fifteen (15%) percent of the area of the roof of the building or which they are a part;
3. 
The exterior treatment of all such mechanical penthouses and other projections permitted herein shall be of materials substantially similar to the façade of the building itself and shall be similarly designed so as to be architecturally an integral part of the structure. The determination of compliance with all aspects of this section shall be by the approving authority as a function of site plan approval.
[Ord. #1007, A9]
a. 
All nonresidential uses adjoining or abutting a residential use or zone shall provide a buffer strip or buffer zone on the side or sides facing said use or zone, which shall measure minimally seven (7') feet in depth. Plantings shall consist of a double row of evergreen or other plantings designed to effectively screen on site activity from the adjoining residential use or zone.
b. 
Buffer zone requirements for attached residential uses and planned developments are set forth herein.
c. 
Any fencing or landscaping installed in a buffer zone shall be maintained in good condition to achieve the desired screening effect. Failure to maintain fencing or to replace dead or diseased landscaping or to remove any refuse which may collect in a buffer zone shall be considered a violation of this chapter.
d. 
The required buffer area shall be kept in its natural state where wooded, and when natural vegetation is sparse or nonexistent, the landowner shall be required to provide a year round visual screen as determined by the approving authority.
e. 
Encroachments into a required buffer area are prohibited, except as provided in this chapter.
[Ord. #1007, A10]
a. 
Churches, temples and other places of worship shall be governed by the following regulations:
Minimum lot area
15,000 sq. feet
Minimum lot width
100 feet
Minimum lot depth
150 feet
Minimum front yard
25 feet
Minimum side yards
20 feet
Minimum rear yard
25 feet
Maximum building height
2-1/2 stories, 35 feet
Maximum building coverage
30%
Maximum impervious coverage
75%
Minimum buffer width
20 feet
[Ord. #1007, A10]
a. 
Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be a permitted use in all residential districts, subject to the following:
1. 
A community residence or shelter shall comply fully with all zoning and health regulations applicable to single family residences in the zone district in which it is located;
2. 
A community residence or shelter may not be occupied by more than six (6) residents excluding resident staff.
[Ord. #1007, A10]
a. 
Density. The maximum gross residential density for multi-family residential uses shall be twenty (20) dwelling units per acre in the R-3 zone.
b. 
Buffer Area.
1. 
A minimum twenty (20') foot buffer shall be provided from all external lot lines, except that portion which fronts on an external street. Such buffer shall be kept in its natural state where wooded; and when its natural vegetation is sparse or nonexistent, the landowner shall be required to provide a year-round visual screen as determined by the approving authority.
2. 
No principal or accessory use or structure, including, without limitation, off street parking and loading areas, shall be permitted within the required buffer area, but the approving authority may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property.
3. 
Required buffer areas shall be included for the purposes of computing compliance within open space requirements and may be conveyed to unit owners as part of common elements, but in no case shall a buffer area be utilized for any active recreational or other active use.
c. 
Area, Yard and Bulk Requirements.
1. 
The area, yard and bulk requirements applicable to permitted uses are as set forth in Schedule 2-2, Area, Yard and Bulk Requirements.[1]
[1]
Editor's Note: Schedule 2-2 is included as an attachment to this chapter.
2. 
Yards Between Buildings. The following minimum yards between buildings shall be provided:
(a) 
Front to front units: 60 feet
(b) 
Back to back units: 60 feet
(c) 
Front to back units: 60 feet
(d) 
Front to side units: 45 feet
(e) 
Side to side units: 20 feet
(f) 
Side to back units: 30 feet
(g) 
Residential buildings to accessory buildings: 10 feet
3. 
Buildings shall not exceed a one hundred eighty (180') foot length.
4. 
Each residential development shall contain a minimum of twenty-five (25%) percent of its total land area in open space.
5. 
A minimum twenty (20') foot setback from buildings to internal roads shall be provided. A minimum ten (10') foot setback to parking areas shall also be maintained.
d. 
Recreation Space. Recreation and sitting areas shall be provided at a ratio of two hundred (200) square feet per dwelling unit.
[Ord. #1007, A10; Ord. #1256 S4; Ord. #1268, S4]
a. 
Permitted uses, density, area, and bulk requirements shall be in accordance with the Schedule of District Use Regulations (Schedule 2-1) and the Schedule of Area, Bulk, and Yard Requirements (Schedule 2-2).
b. 
Buffer Area.
1. 
A minimum twenty-five (25') foot buffer shall be provided from all external lot lines except that portion which fronts the Hackensack River, which shall be subject to paragraph c below. Said buffer shall be landscaped so as to ensure the provision of a year round visual screen as determined to be appropriate by the approving agency.
2. 
No principal or accessory use or structure, including, without limitation, off-street parking and loading areas, shall be permitted within the required buffer area, but the approving authority may upon a finding for reasons thereof, permit a portion of a buffer area to be used for utility easements or driveways to ensure access from adjacent property. Such use of the buffer shall be designed to minimize the extent of the intrusion into the buffer.
3. 
Required buffer areas shall be included for the purposes of computing compliance with open space requirements and may be converted to unit owners as part of common elements, but in no case shall a buffer area be utilized for any active recreational use.
c. 
Waterfront Amenity. Every development shall include suitable provisions to ensure a design which incorporates the waterfront as an integral visual and aesthetic amenity serving the subject site. A minimum fifty (50') foot open space amenity shall be required along the waterfront.
[Ord. #1282, S6]
a. 
Age restricted housing shall be governed by the following regulations:
Minimum lot area
24,000 square feet
Minimum lot width
150 feet
Minimum lot depth
150 feet
Maximum building height
60 feet
Minimum front yard
4 feet
Minimum side yards
10 feet
Maximum building coverage
20%
Maximum impervious coverage
85%
Parking
1 space per dwelling unit
[Ord. #1007, A10]
The maximum gross residential density for apartments above commercial uses permitted in the B-1 and B-2 zones shall be twelve (12) dwelling units per acre.
[Ord. #1007, A10]
Assembly operations and light manufacturing of finished material shall be permitted provided the activity is clearly subordinate to a primary retail or office function occurring on site, and provided there is no chemical processing involved.
[Ord. #1007, A10]
Indoor and outdoor recreational uses shall be permitted in accordance with the area and bulk requirements set forth in subsection 21A-10.5.
[Ord. #1007, A8, 10; Ord. #1060, SI; Ord. #1070, SII]
a. 
No fence, wall or retaining wall shall be erected without a building permit;
b. 
Barbed wire and razor wire fencing is prohibited;
c. 
No fence, wall, or retaining wall shall be erected, altered or constructed nor shall any shrubs or bushes be planted in a residential zone which shall exceed six (6') feet in height above ground level, except no such fence, wall, retaining wall, shrubs or bushes exceeding four (4') feet in height shall be permitted in a required front yard;
d. 
No fence, wall or retaining wall shall be erected, altered or constructed nor shall any shrubs or bushes be planted in any nonresidential zone which shall exceed eight (8') feet in height above ground level, except that no fence, wall, retaining wall, shrubs or bushes exceeding six (6') feet in height shall be permitted within a required front yard;
e. 
Notwithstanding the above provisions, if it is demonstrated that a retaining wall of a height greater than set forth in c or d above is necessary, and such demonstration is accomplished as required by the applicable provisions of the MLUL, said retaining wall shall be terraced to enable suitable plantings to be installed along the terrace sections of the retaining wall;
f. 
In the event a fence is placed upon a wall, the total height of said wall and the fence, collectively shall not exceed the height limits prescribed herein. If, however, a fence is placed upon a retaining wall, then the wall, individually, and the fence, individually, shall not exceed the height limits as prescribed in this subsection. Shrubbery and bushes shall not be permitted on a retaining wall unless a fence of height equal to the shrubbery or bushes shall be placed on the retaining wall in accordance with the height restrictions as set forth in this subsection;
g. 
Notwithstanding the above provisions, within any sight triangle, no fence or wall shall be erected, altered or constructed in any zone to exceed a maximum height of thirty (30") inches above the adjacent roadway, or be placed in such a manner as to limit or obstruct the sight triangle of motorists entering or leaving an intersection. Said triangle shall be formed by the street lines of a corner lot and a line drawn between points along such street lines twenty-five (25') feet distant from their point of intersection;
h. 
The finished side of all fences shall face adjoining property lines and streets;
i. 
Fences around tennis courts shall be exempt from the above height restrictions. Said fence shall not exceed twelve (12') feet in height above ground level, and shall not be closer than ten (10') feet to any side or rear property lines nor be located in any required front yard.
[Ord. #1007, A10]
a. 
See Schedule A.[1]
[1]
Editor's Note: Schedule A, Parking Standards, is included as an attachment to this chapter.
b. 
Off-street parking spaces shall be located no closer than five (5') feet to the nearest front lot line.
c. 
Off-street parking spaces shall be no less than nine (9') feet by eighteen (18') feet. Access aisles shall be no less than specified on the attached schedule.
d. 
All parking areas shall be adequately drained. Curbing shall be provided so that vehicles cannot drive into unpaved areas.
e. 
All ingress and egress roads from the property line to the parking area shall be at least sixteen (16') feet wide, if one way, and twenty-four (24') feet wide if two way. Any curves in access roads shall have a minimum radius of twenty (20') feet.
f. 
Any lighting used to illuminate any off-street parking area shall also be so arranged as to reflect the light away from adjoining residential premises, residential zones, and from all adjoining streets.
g. 
Five (5) or More Vehicles. All off-street parking areas designated to accommodate five (5) or more vehicles shall be approved by the Planning Board/Zoning Board of Adjustment with respect to traffic circulation and the location of parking spaces. All such parking area shall be provided with painted lines indicating traffic flow and parking spaces.
[Amended by Ord. No. 11-2]
h. 
Time of Provision. All minimum requirements for off street parking shall be met t the time of construction or enlargement of any main building or structure.
i. 
Commercial vehicles in residential zones.
[Added 4-5-2018 by Ord. No. 1509]
1. 
Residential. In all residential zones, vehicles with commercial, omnibus, school bus or school vehicle license plates, and vehicles with passenger plates and displaying commercial signs upon the vehicle, shall not be parked at any time during the day or night except in enclosed garages or as provided in Subsection i1(a) below.
(a) 
The tenant or owner of residential property may park one of the above vehicles on the driveway of that property or in residential parking lots, providing that the vehicle complies with the following:
(1) 
Vehicle does not exceed two axles.
(2) 
All vehicles with open storage capacity (such as an uncovered truck bed, dump truck, etc.) covered by this subsection shall be free of debris between the hours of 6:00 p.m. and 6:00 a.m. on Monday through Friday, and at all times on Saturday, Sunday and state and federal legal holidays.
2. 
This restriction shall not apply to vehicles with commercial plates used by persons engaged in work or service within the building or property line and in conjunction with a validly issued building permit. Construction equipment may be parked on the premises for only so long as necessary for the ongoing construction.
3. 
"Debris" shall mean materials such as paper boxes, crates and materials of a similar nature, and also included within this term are tin cans, bottles, crockery, glassware, household sweepings, household receptacles and utensils, lawn cuttings, hedge trimmings, leaves, brush, garden rubbish, tree branches, discarded clothing, rags and any other household wastes, and other refuse and rubbish of whatsoever kind or description, including used building materials, fixtures and sweeping from construction or destruction.
4. 
Exemptions. The Land Use Board of the Borough may grant variances to this Code section.
5. 
Violations and penalties. Any person convicted of a violation of a provision of this subsection or any supplement thereto shall be liable to a penalty as prescribed in Chapter 3, § 3-1, with the understanding that every day a violation shall occur shall be considered a separate offense as prescribed in Chapter 3, § 3-2.
[Ord. #1007, A10]
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof, for which any building permit or use permit has been granted before the enactment of this chapter, provided that a foundation is completed. Construction from such plans shall have been started prior to enactment of this chapter and shall be diligently pursued to completion.
[Ord. #1007, A10]
Nothing in this chapter shall prevent the structural reinforcement or restoring, in accordance with the requirements of the Borough of Bogota, any building declared unsafe or unlawful by the construction official or other duly authorized municipal officials.
[Ord. #1007, A10]
All lots shall be filled with topsoil and/or clean fill to allow complete surface drainage of the lot into local storm sewer systems. No construction shall be permitted or certificate of occupancy granted upon a lot that lacks proper surface drainage or that lies below the level of the groundwater table.
[Ord. #1007, A9]
a. 
No loading or unloading shall take place from a street and no truck maneuvering shall take place on the street.
b. 
Off-street loading spaces shall be constructed of the same materials used for off street parking areas.
c. 
Off-street loading spaces shall have a minimum width of twelve (12') feet, a minimum length of forty (40') feet and a minimum clearance of fourteen (14') feet.
d. 
Off-street loading areas adjacent or contiguous to a residential district shall be approved by the Planning Board/Zoning Board of Adjustment for proper screening and traffic circulation.
[Amended by Ord. No. 11-2]
[1]
Editor's Note: See Schedule B, Loading Standards, is included as an attachment to this chapter.
[Ord. #1027; Ord. #1091, SIV]
In the R-4 Zone a building may be erected or used and a lot may be used or occupied for the following purposes:
a. 
Principal Permitted Uses. Multi-family attached residential dwelling units including senior citizen housing;
b. 
Permitted Accessory Use. Off-street parking, recreation facilities, fences and walls, signs, and other customary accessory uses which are clearly incidental to the principal use and building.
c. 
Area and Bulk Requirements.
1. 
The following standards and bulk requirements shall be applicable to the R-4 Zone:
(a) 
Minimum Lot Area: 8,000 square feet.
(b) 
Minimum Lot Width: 65 feet.
(c) 
Minimum Lot Depth: 100 feet.
(d) 
Minimum Front Yard: 12 feet.
(e) 
Minimum Side Yard: 6 feet.
(f) 
Minimum Rear Yard: 15 feet.
(g) 
Minimum Open Space: 30 feet.
(h) 
Minimum Density: 50 du/ac or br/ac.
(i) 
Minimum Building Coverage: 35 percent.
(j) 
Maximum Imperious Coverage: 70 percent.
(k) 
Maximum Building Height (st/ht): 2-1/2 stories or 35 feet.
2. 
A minimum of 2.0 parking spaces per dwelling unit shall be required for all multi-family dwellings, provided, however, that a minimum of .70 spaces per unit shall be required for senior citizens' housing developments. Parking shall be provided either on-site or within one hundred fifty (150') feet of the site on which the housing is located.
[Ord. #1085, SII]
a. 
There shall be included in any new multi-family housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of the P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
b. 
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
c. 
The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft or recyclable materials, bins or containers.
d. 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
e. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
f. 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
[Ord. #1007, A11]
a. 
Accessory structures or uses shall not be located in the required front yard or within the front half of the side yard of any residential zone and may be erected anywhere within the required rear yard, except as provided herein:
1. 
In all residential zones no accessory structure or use shall be located within three (3') feet of a side or rear property line;
2. 
Accessory buildings shall be setback minimally ten (10') feet from the principal building;
3. 
Light posts, mailboxes, fences, signs and retaining walls shall be permitted within the required front yard of any residential use. Off street parking is also permitted in a front yard, restricted to the driveway area, and limited to a paved width of eighteen (18') feet or one-half (1/2) the lot width, whichever is less.
b. 
No accessory structure or use in residential zone shall exceed a height of twelve (12') feet or one and one-half (1-1/2) stories.
c. 
No accessory building or use shall occupy an area greater than fifteen (15%) percent of the area of the rear yard.
d. 
When an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
e. 
In the case of a through lot no accessory structure or use shall encroach upon that fourth of the lot depth nearest each street upon which the lot has frontage.
f. 
No accessory building shall be used for human habitation.
[Ord. #1007, A11]
a. 
Accessory structures or uses shall not be located in the required front yard of a lot in a nonresidential zone, except that off-street parking spaces shall be permitted but in no case shall said parking lot or portion thereof be permitted closer than twenty-five (25') feet from the street line.
b. 
Accessory structures or uses shall not be located within seven (7') feet of a side or rear lot line. Accessory structures shall be minimally ten (10') feet from the principal building.
c. 
No off-street loading area or loading facility shall be permitted in a front yard.
d. 
No accessory structure or use in a nonresidential zone shall exceed a height of fifteen (15') feet or one and on-half (1-1/2) stories.
e. 
In any nonresidential zone, when an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
f. 
No accessory building or use shall occupy an area greater than fifteen (15%) percent of the area of the rear yard.
[Ord. #1007, A11]
Private garages shall be permitted as accessory uses in all residential zones either as a detached structure of a part of the main building for the storage of no more than three (3) automobiles, of which only one (1) may be a truck, van or recreational vehicle and none of which may exceed six thousand five hundred (6,500) pounds in gross weight.
[Ord. #1007, A11]
a. 
Swimming pools and tennis courts shall not be located within six (6') feet of a property line.
b. 
Swimming pools and tennis courts shall be suitably fenced in accordance with the borough requirements, as set forth in subsection 21A-10.9.
[Ord. #1007, A11]
a. 
An office of a resident professional shall not exceed fifty (50%) percent of the first floor area of the building in which it is located.
b. 
An office of a resident professional shall have a maximum of two (2) employees and one (1) professional, and provide four (4) parking spaces in a double width driveway.
[Ord. #1007, A12]
a. 
Intent of Conditional Uses. Whereas certain uses, activities, structures and buildings are considered necessary to serve the needs and convenience of the community, and at the same time, recognizing that such uses may be or become detrimental to the public health, safety and general welfare, if located and operated without proper consideration being given to the existing conditions and character of the community and surrounding neighborhood, such uses and activities may be permitted in certain specified areas under the terms of this chapter and pursuant to the provisions of this section.
b. 
Procedures and Standards of Review. Before any permit shall be issued for a conditional use, applications shall be made to the Planning Board/Zoning Board of Adjustment who shall grant or deny the application after public hearing within ninety-five (95) days of submission of a complete application or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being herd, including site plan and/or subdivision, and the Planning Board/Zoning Board of Adjustment shall review and approve or deny any applicable subdivision or site plan simultaneously with the conditional use application. Failure of the Planning Board/Zoning Board of Adjustment to act within the required time period shall constitute approval of the application. In reviewing the application, the Planning Board/Zoning Board of Adjustment shall review the number of employees or users of the property, the requirements set forth in the chapter, and shall give due consideration to elements that would affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s). Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the developer even though a conditional use shall be permitted use in the district in which it is located. Prior to making its decision, the board shall be satisfied the conditional use is reasonably necessary for the convenience of the public in the location proposed.
c. 
Application Details. The application shall follow the submission requirements for the site plan review as outlined in this chapter and be in accordance with the standards outlined below.
[Ord. #1007, A12]
a. 
Automobile Service Stations. Automobile service stations may be permitted in the "B" business and "I" industrial districts provided the following are complied with:
1. 
No outdoor repair or painting of automobiles shall be made in connection with any automobile service station.
2. 
The gasoline dispensing units of any service station shall be set back at least the average depth of such existing front yard setbacks within the same block but in no case shall the setback line be less than twenty (20') feet from the curb line or lines of the street on which said premises shall be located and shall be so located that no vehicles can be serviced from any portion of the street or sidewalk areas. No mobile gasoline pump shall be used or operated no the grounds of any such service station.
3. 
No service station shall be erected on a plot having a front lot line of less than two hundred (200') feet. In the event that said service station shall be erected on a corner plot, the front line thereof shall be that line which is opposite the front wall of the service station. Said use shall be located on a lot having a minimum area of twenty thousand (20,000) square feet, and lot coverage shall not exceed twenty (20%) percent. In addition, if the Planning Board/Zoning Board of Adjustment finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard or other such considerations is such that a larger site area is necessary to protect the public welfare, then it shall impose such additional restriction.
4. 
The entrances to and exits from any such station shall have a maximum aggregate width of one-fourth (1/4) the lot line with an allowance of three (3') foot curb returns at each end of the street line. The street lines of such lot on which said service station is erected other than said entrances and exists shall be curbed in accordance with borough road specifications.
5. 
No such automobile service station shall be permitted within one hundred (100') feet of any lot line of any plot on the same side of the street on which any residence, church, school, firehouse or other public building or other automobile service station is erected.
6. 
All structures, including fuel pumps, car lifts and other service appliances or equipment shall be located not less than thirty (30') feet from side and rear property lines.
7. 
All fuel tanks, or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground.
b. 
Home Occupations. Home occupation uses, as defined in this chapter, may be permitted in "R-2" and "R-3" residential districts provided that:
1. 
No more than twenty-five (25%) percent of the ground floor area is used for such use;
2. 
No exterior alterations of the principal structure are required in carrying out the contemplated use;
3. 
The use generates no sounds, odors or other objectionable characteristics to adjacent premises;
4. 
No article is offered for sale on the premises;
5. 
There is no display of goods or advertising;
6. 
Such occupation shall not also be carried on in a accessory building; and
7. 
Such occupation shall be practiced by a person using the dwelling as his private residence.
c. 
Public Utilities. Public utility uses, such as high voltage transmission lines and towers, substations, telephone exchanges, and cable television installations, may be permitted in any district in the borough provided that:
1. 
Proof is furnished to the Planning Board/Zoning Board of Adjustment that the proposed installation in a specific location is necessary for the convenient and efficient operation of the public utility system or a satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is located;
[Amended by Ord. No. 11-2]
2. 
The design of any building in connection with such facility conforms to the general character of the area in which it is proposed and will not adversely affect the safe and comfortable employment of property rights of the zone in which it is located. Adequate and attractive fencing and other safety devices will be provided in conjunction with such use and sufficient landscaping, including trees, shrubs, lawns, and other screening shall be provided; and
3. 
Buildings, facilities, fences and other safety devices and landscaping will be periodically maintained.
d. 
Community Residences for the Developmentally Disabled and Community Shelters for Victims of Domestic Violence.
1. 
No such permit shall be issued unless said building or structure complies with the minimum requirements for fire safety, sanitary facilities, and structural safety as established by the current edition of the New Jersey Uniform Construction Code.
2. 
No such permit shall be issued unless said building or structure complies with the minimum current requirements of the Barrier Free Design Regulations as established by the State of New Jersey, Department of Treasury.
3. 
No such permit shall be issued to any community residence or shelter that would be located within fifteen hundred (1,500') feet of an existing community residence or community shelter.
4. 
No additional such permits shall be issued for any community residence or community shelter within the municipality when the number of persons, other than resident staff, resident at existing such community residences or community shelters within the municipality exceed fifty (50) persons, or five-tenths (0.5%) percent of the population of the municipality, whichever is greater.
5. 
Community residences, housing more than six (6) persons, for the developmentally disabled and community shelters for victims of domestic violence shall be permitted as a conditional use in all residential districts, subject to the provisions of this section.
6. 
A community residence or shelter shall comply fully with all zoning and health regulations applicable to single family residences in the zoning district in which it is located.
7. 
A community residence or shelter shall not be occupied by more than fifteen (15) developmentally disabled persons or victims of domestic violence, as defined herein.
8. 
A community residence or shelter must be located at a distance of at least one thousand five hundred (1,500') feet from any other existing community residence, shelter or school.
9. 
A minimum of two (2) parking spaces shall be required for the first six (6) occupants of a community residence or shelter, plus one additional space of each additional three (3) occupants.
[Ord. #1007, A12]
The regulatory controls set forth in subsection 21A-10.3 shall apply, with the exception that the minimum site size shall be 2.5 acres, and the maximum permitted density shall be fifteen (15) dwelling units per acre.
[Ord. #1007, A12]
The regulatory controls set forth in subsection 21A-10.3 shall apply, with the exception that the minimum site size shall be 2.5 acres and the maximum permitted density shall be twenty-five (25) dwelling units per acre.
[Ord. #1032, S2]
Satellite dish antennas and conventional television or radio antennas are permitted as conditional uses only as accessory structures to a principal use, provided that the following are complied with:
a. 
There shall be one (1) such antenna per lot or one (1) per principal structure, whichever is less;
b. 
The antenna shall be used only for the lot or principal use for which it is an accessory use;
c. 
No such antenna may be placed in the front yard of any lot in the borough;
d. 
A satellite dish antenna may be placed only in the rear yard of a lot, provided however, that on a showing that a reasonably satisfactory television signal cannot be obtained from a rear yard location, the Planning Board/Zoning Board of Adjustment shall permit the antenna to be located in the side yard, and if the signal cannot be obtained in either yard, the Planning Board/Zoning Board of Adjustment shall permit the antenna to be located on the roof of any main or accessory building on the lot;
[Amended by Ord. No. 11-2]
e. 
The diameter of the satellite dish antenna shall not exceed ten (10') feet, and if the applicant can demonstrate that a reasonably satisfactory signal cannot be obtained, a larger dish may be permitted
f. 
All wiring for ground mounted antennas shall be placed underground;
g. 
No ground mounted antenna may be erected on a public utility easement;
h. 
When the satellite antenna is roof mounted, the overall height from roof level to the highest point of the satellite antenna or any attachments thereto, when installed and extended to full height, shall not exceed ten (10') feet;
i. 
When ground mounted in a residential zone, the antenna shall be located in the rear yard of the lot and shall not be closer to any side yard or rear yard property line than the minimum side yard requirements for accessory structure, as set forth in the Zoning Ordinances. In the case of a corner lot, the antenna shall be located no closer to the street line than the front setback requirement;
j. 
The overall height from mean ground level to the highest point of the antenna or any attachments thereto, when installed and extended to full height, shall not exceed ten (10') feet when ground mounted;
k. 
All ground mounted antennas shall be screened by landscaping from ground level view of persons on streets and surrounding lots. Said screening is not required to be so complete that it interferes with the reception of the antenna;
l. 
All antennas shall be erected on a secure platform, as approved by the construction official;
m. 
No permit for an antenna shall be issued until the applicant shall receive site plan approval for the installation of the same. Any person desiring to construct and operate an antenna shall, prior to such construction and operation, submit an application to the Planning Board/Zoning Board of Adjustment which shall consist of the following:
[Amended by Ord. No. 11-2]
1. 
A site plan prepared by an architect, planner, engineer, or land surveyor, as allowed by N.J.A.C. 13:40-7.2 and 7.3, showing:
(a) 
The proposed satellite antenna and ground platform, existing and proposed plantings and fencing or other barriers to provide protection and screening. If the satellite antenna is roof-mounted, the proposed satellite antenna and the roof mounting assembly and attachments and building elevations shall be shown.
(b) 
The height of the proposed satellite antenna and the diameter of the main reflector.
(c) 
The name and address of the applicant and owner of the property on which the satellite antenna is to be located.
(d) 
The tax lot and block numbers and property lines of the property, as disclosed on the borough tax map.
(e) 
All existing buildings and structures and all accessory buildings and structures on the property.
(f) 
The tax lot and block numbers and the property lines of all properties within two hundred (200') feet of the property.
(g) 
Such other information as is required by the applicable sections of the Revised General Ordinances of the Borough of Bogota for site plan approval.
2. 
A statement, certified by the applicant, that any proposed satellite dish antenna fully complies with all applicable federal and state statutes, regulations and requirements. The statement shall have attached thereto copies of any license or approval for construction, placement or operation of the proposed satellite antenna required by any Federal or State agency having jurisdiction.
3. 
All satellite antennas shall be designated in conformance with the American National Standards Institute Standards A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures and the Electronics Industry Association Standards RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modifications or successors to said standards, as well as any other construction or performance standards, rules or regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission.
n. 
An applicant receiving final approval for construction, placement and operation of an antenna shall not subsequently modify or alter the structure of the antenna except to change the direction of its main reflector, without the approval of the Planning Board/Zoning Board of Adjustment pursuant to an application as set forth in this subsection.
[Ord. #1087, SIII; Ord. #1153, S1]
Billboards are permitted as conditional uses on those nonresidential lots which abut the south side of the Interstate Highway Route 80 right of way provided that the following conditions are complied with:
a. 
No billboard shall have a sign area of more than eight hundred sixteen (816) square feet or shall be no more than seventeen feet by forty-eight (17' x 48') feet on each side of the billboard;
b. 
Only free standing billboards are permitted. No billboards shall be permitted to be attached to any building;
c. 
Billboards shall have no more than two (2) signs on the front and on the back of the billboard;
d. 
A minimum front yard setback for a free standing billboard shall be thirty (30') feet, except that where the lot on which the billboard is located adjoins a residential zone, the billboard shall be set back at a minimum of fifty (50') feet from a residential structure;
e. 
There shall be no more than one (1) free standing billboard per lot;
f. 
The minimum side and rear setbacks for free standing billboards shall conform to the minimum setbacks for accessory structures in the applicable zone, except as modified by this section;
g. 
The height of the billboard, including stanchions, shall comply with the height limitation for principal structures in the applicable zone, provided that where a billboard is within seventy-five (75') feet of a residential structure the maximum permitted height shall be fifty-seven (57') feet;
h. 
A minimum clearance of fifteen (15') feet from grade to the bottom of billboard must be provided, however, except that where a billboard is within seventy-five (75') feet of a residential structure, a minimum clearance of thirty (30') feet shall be required and a maximum clearance of forty (40') feet from grade to the bottom of the billboard shall be permitted;
i. 
Billboards shall be supported by vertical stanchions. Billboards supported on platforms with lattice work supports shall be prohibited;
j. 
All billboards shall comply with subsections 21A-13.1(b), (c), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(6) and (d)(7).
[Ord. #1129, S3]
Sexually oriented businesses are permitted as conditional uses on nonresidential lots located in the Industrial Zone provided that the following conditions are complied with:
a. 
No person shall operate a sexually oriented business within one thousand (1,000') feet of any existing sexually oriented business, place of worship, elementary or secondary school, school bus stop, municipal or County playground, or any area zoned for residential use.
b. 
Every sexually oriented business shall be surrounded by a perimeter buffer of at least fifty (50') feet in width with plantings, fencing, or other physical dividers along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.
c. 
No sexually oriented business shall display more than two (2) exterior signs, consisting of one (1) identification sign and one (1) sign giving notice that the premises are off limits to minors. The signs shall be in compliance with the requirements for signs in the Industrial Zone, except that the two (2) signs shall be of equal size, and the total sign area for both signs shall not exceed the area limits for signs permitted in the zone.
d. 
Every sexually oriented business shall comply with the area and bulk requirements of the zone in which the business is located.
[Ord. #1288, S3]
Communications antennas and communications towers are permitted as conditional uses in all zoning districts, subject to the following conditions:
a. 
Communication towers and communications antennas shall be permitted only on property that is owned, leased, or otherwise controlled by the Borough of Bogota;
b. 
The mayor and council of the Borough of Bogota must give its consent before borough property may be used for a communication tower or communications antenna. This consent shall be in the form of a resolution of approval adopted by the mayor and council of the Borough of Bogota;
c. 
No communication tower or communication antenna shall be erected or operated in the borough except pursuant to a license issued by the mayor and council or a lease entered into between the operator of the facility and the borough;
d. 
Communications towers shall have either a galvanized steel finish, or, subject to any applicable standards of the Federal Aviation Administration ("FAA"), shall be painted a neutral color so as to reduce visual obtrusiveness;
e. 
Communications towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views; and
f. 
No signs shall be allowed on a communications antenna or communications tower.
[Ord. No. 1291, S3]
Dispatch services are permitted as conditional uses on non-residential lots only in the I Industrial Zone, and subject to the following conditions:
a. 
In addition to the number of off-street parking spaces that would otherwise be required, an additional one and one-half (1 1/2) parking spaces shall be provided for each vehicle to be dispatched from the property; and
b. 
All other requirements of the zoning district shall be satisfied.
[Ord. #1007, A13; Ord. #1087, SSI, II; Ord. #1256, S5; Ord. #1268, S5]
a. 
Sign Permits. No sign shall be erected without a sign permit.
b. 
Sign Area Measurements. The area of a sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or total display. This shall not be construed to include the supporting members of any signs which are used solely for such purpose. For signs with two (2) sides, the maximum area requirement shall be permitted on each side. Signs with more than two (2) sides are prohibited.
c. 
Sign Height Measurement. The height of a sign shall be computed as the largest vertical height of the background upon which the lettering, illustration or display is presented. If there is no background, the height shall be the largest vertical height of the lettering, illustration or total display. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the letters, illustrations or displays are attached directly to the face of a building, the height of the sign shall be the height of the largest letter, illustration or total display, whichever is greater.
d. 
General Sign Provisions.
1. 
No sign or any type shall obstruct either the access to or the light and air of any adjacent property or place of business.
2. 
No sign of any type shall be permitted to obstruct driving vision, traffic signals and signs, or similar safety devices.
3. 
No sign of any type shall be moving or give illusion of moving.
4. 
All illuminated signs shall be either indirectly lighted or of the diffused lighting type. No sign shall be lighted by means of flashing or intermittent illumination. All lights used for the illumination of any use or building or the area surrounding them or for the illumination or display of merchandise or products of business establishments, shall be completely shielded from view of vehicular traffic using the abutting streets. Floodlights used for the illumination of said premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building shall not project above the highest elevation of the front wall of the building or more than eighteen (18') feet above the street level of the premises, whichever is less. Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining residential premises.
5. 
No sign as permitted shall extend or project at any point above or outside the limits of the roof, the highest elevation of the wall to which it is attached,, or above the height of the principal building as defined in this chapter. No signs shall be permitted on accessory buildings.
6. 
Signs and sign structures of all types shall be set back or elevated sufficiently to allow a clear, unobstructed line of sight from points of ingress and egress for a least one thousand (1,000') feet along all abutting streets and highways.
7. 
Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.
8. 
The use of billboards shall be a conditional use, governed by subsection 21A-12.6 of this section.
9. 
A sign having two (2) sides shall be deemed to be one (1) sign, provided the sides are identical.
10. 
All portable signs shall comply with the provisions of this section.
e. 
Signs deemed necessary to the public welfare, as expressed by resolution of the governing body, are permitted in all districts.
f. 
Signs Permitted in R-1, R-1A and R-2 Districts.
1. 
Nameplate signs. One (1) nameplate sign per dwelling shall be permitted per lot, provided said nameplate sign does not exceed seventy-two (72) square inches in area.
2. 
Professional Office Signs. One (1) sign per occupant identifying the name and profession of the professional occupant shall be permitted per lot provided same does not exceed two (2) square feet in area. No sign or other display related to a home occupation shall be permitted.
3. 
Real Estate Signs. One (1) nonilluminated, temporary sign advertising the sale, rental or lease of the premises or portion thereof shall be permitted per lot. Such signs in residential districts shall not exceed four (4) square feet, and in all other districts shall not exceed nine (9) square feet. These provisions shall further apply to all signs announcing that the premises or portion thereof has been sold, rented or leased. Real estate signs shall be removed within seven (7) days after the conveyance of title or the execution of a lease.
4. 
Public Interest Message Signs. One (1) nonilluminated, temporary sign bearing a message of public interest shall be permitted per lot, provided that said sign shall not exceed twelve (12) square feet in area or five (5') feet in height. No consideration shall be given or received for the display of any such sign.
Any such sign urging the public to vote for or against any person or proposition in an election shall be removed within three (3) days after that election has been held.
g. 
Signs in R-3 Apartment Residential District. Any sign permitted pursuant to paragraph f above shall be permitted in an R-3 district. No other sign shall be permitted in connection with an apartment development except as follows:
1. 
One (1) nonflashing sign per each two hundred (200') feet of abutting public streets may be permitted which sign shall not exceed fifteen (15) square feet in area or eight (8') feet in height and shall only contain the name of the apartment development, the street address, the location of the manager and the presence or lack of available vacant dwelling units.
2. 
Apartment developments may be permitted to have one (1) sign for advertising purposes with a gross area of not more than fifty (50) square feet. Such sign shall be of a temporary nature in the required front yard space of the tract, provided such sign shall be no closer than thirty (30') feet to any street line. Such sign may be erected during the construction of the apartment development, but shall be permitted to remain for a period of no more than one (1) year from the date of opening of the first model apartment unit.
h. 
Signs in the Business Districts.
1. 
Business signs shall be permitted provided same are accessory to the business use conducted on the premises in accordance with the following criteria:
(a) 
One (1) sign for each business occupant of the building, which shall be placed or inscribed upon the front façade of the building.
(b) 
If the building faces more than one (1) public street, one (1) additional sign for the business occupant of the building whose premises face in the secondary street, placed or inscribed upon the façade adjoining the secondary street.
(c) 
If the rear or side of the building contains a public entranceway adjoining a public or private off street parking area, one (1) additional sign for each business occupant of the building facing said parking are, which shall be placed or inscribed upon the façade adjoining the off street parking area.
(d) 
Where one (1) or more business occupants are located within a single building, there shall be permitted by this subsection a business directory sign indicating the name and locations of each occupant.
2. 
The total area for a sign permitted on the face of any wall shall not exceed ten (10%) percent of the area of the face of the wall upon which such sign is located.
3. 
No sign shall extend further than twelve (12") inches from the face of the building upon which it is attached, provided, however, that where a sign extends more than three (3") inches from the face of said wall, the bottom of said sign shall not be closer than ten (10') feet from the ground level below said sign.
4. 
The maximum height of any single sign shall not exceed five (5') feet and the maximum width shall not exceed ninety (90%) percent of the width of the wall on which the sign is located.
5. 
No sign shall be painted on or attached to the window of any building in which a business use is being conducted unless the area of said sign is less than twenty-five (25%) percent of the area of the total window space on the side of the building on which the sign appears.
6. 
Business signs shall be removed within fifteen (15) days of the closing of the business to which said signs refer. Removal shall be the obligation of the owner of the premises.
7. 
Announcement Signs. A church, school or other public institutional building may display for its own use, one (1) announcement sign or bulletin board not over twelve (12) square feet in area.
i. 
Free Standing Signs in Business Districts. A business building may display one (1) free standing sign provided:
1. 
The business building sets back at least fifty (50') feet from the front street property line and is located on a lot one hundred (100') feet or more in width.
2. 
The height of said sign structure including the supporting members shall not exceed twenty (20') feet.
3. 
Said sign must be set back ten (10') feet from the front street property line and be perpendicular to said line.
4. 
The area of one (1) side of said sign shall not exceed fifty (50) square feet in area.
5. 
Said sign must comply with the side yard requirements for the principal building.
j. 
Automobile Service Stations. Automobile service stations may display, in addition to the signs provided herein, the following signs, which signs are deemed customary and necessary to their respective business:
1. 
One (1) temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, providing that said sign does not exceed seven (7) square feet in area.
2. 
Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words "lubrication," "repairs," "mechanic on duty," or other words closely similar in import, provided that there shall be not more than one (1) such sign over each entrance or bay and the letters thereof shall not exceed twelve (12") inches in height, and the total area of each sign shall not exceed ten (10) square feet.
3. 
Customary lettering on or other insignias which are a structural part of a gasoline pump, consisting only of a brand name of gasoline sold, lead warning sign, a price indicator, and any other sign required by law, and not exceeding a total of three (3) square feet on each pump.
k. 
Signs in the Industrial Districts. In the "I" district, no sign shall be permitted which is not related to the use on the premises and then only if all the following requirements are complied with:
1. 
Signs attached to a building are permitted as regulated in the "B" business district.
2. 
One (1) free standing sign is permitted as regulated in the "B" business district.
l. 
Signs in Planned Development (PD) Zone District. Signs in the PD district shall be permitted in accordance with the regulations for signs in the Business Districts, subsection 21A-13.1h and i.
[Ord. #1007, A14]
A total of twenty (20%) percent of the total number of dwelling units in a development in the PD-1 Zone shall be set aside for low and moderate income households.
[Ord. #1007, A14]
a. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
1. 
Affordable shall mean a sales price or rent within the means of a low or moderate income household as defined by the Council on Affordable Housing.
2. 
Inclusionary development shall mean a residential housing development in which a substantial percentage of the housing units is provided for a reasonable income range of low and moderate income households. The term may also mean housing developments comprised completely of low and moderate income units.
3. 
Low income housing shall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to fifty (50%) percent or less of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
4. 
Moderate income housing shall mean housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross income equal to or more than fifty (50%) percent but less than eighty (80%) percent of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
b. 
Low and Moderate Income Housing Unit Distribution.
1. 
Unit Distribution. A maximum of fifty (50%) percent of low and moderate income housing units shall be designed for and occupied by low income households. The remaining fifty (50%) percent of housing units shall be designed for and occupied by moderate income households.
2. 
Bedroom Distribution. All inclusionary developments shall provide the following bedroom distribution for low and moderate income housing:
Number of Bedrooms
Percent of Low and Moderate Income Dwellings
Efficiency and 1 bedroom
50%*
2 bedroom
35%
3 bedroom
15%
TOTAL
100%
*
No more than twenty (20%) percent of these units may be efficiency units.
[Ord. #1007, A14]
a. 
Within any development, the low and moderate income units shall be priced as follows:
1. 
The average price of low and moderate income units shall be, as best as practicable, affordable to households at fifty-seven and one-half (57.5%) percent of median income as contained in N.J.A.C. 5:92-12.4.
2. 
In devising a range of affordability for purchased housing, the Borough of Bogota shall provide, as best as practicable, for the following distribution of prices for every twenty (20) low and moderate income units:
Units
Proposed Pricing Stratification
Low
1
At 40.0 through 42.5 percent
3
At 42.6 through 47.5 percent
6
At 47.6 through 50.0 percent
Moderate
1
At 50.1 through 57.5 percent
1
At 57.6 through 64.5 percent
1
At 64.6 through 68.5 percent
1
At 68.6 through 72.5 percent
2
At 72.6 through 77.5 percent
4
At 77.6 through 80.0 percent
For initial occupancy, priority shall be given to households within a particular income category with flexibility based on NJ Housing and Mortgage Finance Agency affordability controls criteria.
b. 
The distribution of units by bedroom mix shall be approximately similar within each of the price categories set forth herein.
c. 
Each unit offered for sale shall be affordable to a household at the appropriate income level — spending not more than twenty-eight (28%) percent of the eligible gross household income for the sum of the following:
1. 
Principle and interest on a mortgage, based on a percent down payment and realistically available mortgage interest rates;
2. 
Property taxes at the rate currently levied in the borough, based upon the assessed value of the unit which shall be the low and moderate income dwelling unit selling price multiplied by the current equalization ratio;
3. 
Insurance; and homeowner's association fees, if any;
4. 
The proposed prices of low and moderate income units, and the calculations by which those prices have been established, shall be submitted to the administering agency as a part of the application for preliminary site plan approval. Nothing contained herein shall prevent any applicant from qualifying purchasers on the basis of mortgage interest rate established through use of New Jersey Housing and Mortgage Finance Agency financing, or through use of mortgage buydowns or adjustable rate mortgages, provided that any such buydown or mortgage provides for an annual rate of increase in mortgage interest rate of no more than one-half (1/2) of one (1%) percent.
d. 
If low or moderate income units are to be offered for rent, they shall be rented for no more than thirty (30%) percent of the eligible gross household income of a household at each income level. Said rental is to be inclusive of all services, maintenance and utilities. In the event that any utility or other charges are paid directly by the tenant, the maximum rental of thirty (30%) percent shall represent the sum of the contract rent and all such utility or other charges. Rents shall be set individually for each tenant, on the basis of individually verified household income.
In establishing affordability of a unit of a given number of bedrooms, such units shall be priced to be affordable as set forth above to household sites as follows:
Efficiency unit
1 person household
1 bedroom unit
1 person household
2 bedroom unit
3 person household
3 bedroom unit
5 person household
[Ord. #1007, A14]
a. 
Any application submitted under the provisions of this chapter shall be required to provide a plan for controlling resale or rerental of the units in order to ensure that the units remain affordable to low and moderate income households for no less than twenty (20) years from the date of initial occupancy.
b. 
Any plan for controlling the resale of low and moderate income units shall permit the owner of each unit, upon resale, to sell such unit for a price determined as follows:
1. 
The initial price paid for the unit, plus the initial price of the percentage increase in the median income for the housing region as determined from the uncapped Section 8 income limits, published by HUD between the date of initial purchase and date the owner notified the agency responsible for administering these controls of intent to sell the unit.
2. 
Reimbursement for documented monetary outlays made for reasonable property improvements, the determination of reasonableness to be at the discretion of the administering agency.
c. 
The plan shall provide that the low income units upon resale may be sold to low income buyers, and the moderate income units to either low or moderate income buyers; provided, however, that the administering agency may establish reasonable provisions for waivers of this condition on a case by case basis in the event it finds that a particular unit may not feasibly be sold subject to this condition. In the event that the administering agency grants such a waiver, it shall provide that the unit be sold at the formula price and that the resale controls remain in effect for any subsequent sale of the unit.
d. 
Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the developer at the time of preliminary site plan approval, and shall be subject to approval by the municipal attorney and by the administering agency. All deed restrictions shall be consistent with all of the provisions of this section, and with any regulations adopted by the administering agency.
e. 
Any low or moderate income unit offered as a rental unit shall continue to be offered as a rental unit for at lest twenty (20) years. After twenty (20) years, they may be converted to condominium or cooperative occupancy, but must be sold at prices affordable to low or moderate income households, and subject to resale controls consistent with this section.
f. 
Rehabilitated owner occupied single family housing units that are improved to code standards shall be subject to affordability controls for a least six (6) years and rehabilitated renter occupied housing units meeting code standards shall be subject to affordability controls for a least ten (10) years.
g. 
The Bergen County Housing Authority shall b e the administering agency responsible for administering the provisions of this section.
h. 
Property owners of single family, owner occupied housing may apply to Bogota for permission to increase the maximum price for 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 municipality if an increase in the maximum sales price is sought.
[Ord. #1007, A14]
a. 
For all low and moderate income housing units provided in inclusionary developments, the borough of Bogota shall establish occupancy such that initially no more than fifty (50%) percent of the units are made available to income eligible households that reside in the borough, or work in the borough and reside elsewhere.
b. 
The Borough of Bogota shall have primary responsibility for developing and implementing an Affirmative Marking Program that addresses the occupancy preference requirements in N.J.A.C. 5:92-15.1, or direct developer/sponsors to prepare such a program. The borough shall either require developers and/or sponsors of low and moderate income housing to market, screen, offer occupancy and select income eligible households accordingly, perform this responsibility themselves, establish an agency to perform on their behalf and/or enter into an agreement with outside agents. This Affirmative Marking Program shall identify representative groups operating in the municipality and its respective housing region. The developer and/or sponsor of low and moderate income housing shall actively market these units to appropriate representative groups, as specified in the Affirmative Marking Program.
c. 
The Affirmative Marketing Program shall commence at least ninety (90) days before issuance of either temporary or permanent certificates of occupancy, and shall continue until all low and moderate income housing units are under contract of sale and/or lease.
d. 
For initial occupancy priority, households shall be screened for occupancy preference as required in N.J.A.C. 5:92-15.1. These households shall be offered contracts of sale and/or least first and before other income eligible households. When fifty (50%) percent of the housing units have been purchased or leased, according to N.J.A.C. 5:92-15.1, the remaining income eligible applicants, not yet under contract, shall be pooled and offered contracts.
e. 
Within all rounds of applicant selection, random selection of eligible applicants should prevail.
f. 
The Borough of Bogota shall prepare progress reports on an eighteen (18) month cycle from the date of substantive certification. These shall be made available to the public and filed with the Council on Affordable Housing. These reports shall provide an analysis of the actual characteristics of households occupying low and moderate income units compared to the occupancy preference in N.J.A.C. 5:92-15.1.
g. 
Three (3) and six (6) years from substantive certification, the Borough of Bogota shall prepare summary reports of their affirmative marking programs. If applicable, the borough shall recommend improvements to redress their record of occupancy preference to reflect requirements in N.J.A.C. 5:92-15.1.
h. 
Where the affirmative marking regulations of the U.S. Department of Housing and Urban Development, the New Jersey Department of Community Affairs and/or the New Jersey Housing and Mortgage Finance Agency are applicable, the affirmative marking regulations of these agencies shall be applicable.