Attachment 1 - Schedule 2-1, Schedule of District Use Regulations
Attachment 2 - Schedule 2-2, Area Bulk and Yard RequirementsAttachment 3 - Schedule A, Parking StandardsAttachment 4 - Schedule B, Loading StandardsAttachment 5 - Appendix A-7, Checklist of Requirements for ApplicationsAttachment 6 - Zoning Map
Attachment 2 - Schedule 2-2, Area Bulk and Yard RequirementsAttachment 3 - Schedule A, Parking StandardsAttachment 4 - Schedule B, Loading StandardsAttachment 5 - Appendix A-7, Checklist of Requirements for ApplicationsAttachment 6 - Zoning Map
[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.
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.
Shall mean the borough's zoning official who shall be designated
as the administrative officer for purposes of this chapter.
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.
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.
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.
Shall mean a conventional television or radio antenna or
satellite dish antenna, as defined by this chapter.
Shall mean any multifamily dwelling for three (3) or more
families, living independently of each other, and having separate
cooking and sanitary facilities.
Shall mean premises used for the mechanical repair or painting
and bodywork of motor vehicles.
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.
Shall mean a space having less than half (1/2) of its clear
height below finished grade.
Shall mean any outdoor advertising sign other than one related
to a business conducted on the premises or lot.
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.
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.
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.
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.
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.
Shall mean a line, established by law, beyond which a building
shall not extend, except as specifically provided law.
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.
Shall mean a space having more than half (1/2) of its clear
height below finished grade.
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.
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.
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.
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.
Shall mean any ground mounted receiving antenna other than
a satellite dish antenna.
Shall mean a right of way, dedicated to public use, to facilitate
pedestrian access through a paved public street.
See "street."
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.
Shall mean any part of the territory of the borough to which
certain uniform regulations and requirements of this chapter apply.
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.
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.
Shall mean a detached building occupied and intended to be
occupied exclusively for residence purposes by not more than one (1)
family.
Shall mean a building or part thereof having cooking, living
and sanitary facilities for the exclusive use of one (1) family.
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.
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.
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.
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.
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.
Shall mean the mayor and council of the Borough of Bogota,
in the County of Bergen and the State of New Jersey.
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]
Shall mean a building used primarily for worship but not
including missions, district offices or regional headquarters of a
religious group.
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]
Shall mean a use engaged in the manufacture, predominantly
from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly and packaging.
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.
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.
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.
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.
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.
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.
Shall mean a lot other than a corner lot.
Shall mean the legal boundaries of a lot as determined by
an accurate survey or in the records of the borough engineer.
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."
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.
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.
Shall mean the average horizontal distance between the side
lot lines, measured along the front lot line.
Shall mean a building situated on a lot in which the principal
use is conducted.
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.
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]
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.
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.
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.
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.
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.
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:
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,
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole, and
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.
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.
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.
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.
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.
Shall mean a paved area, other than street, used for the
parking of automobiles in the same manner as a private garage.
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.
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.
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.
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.
Shall mean an individual, proprietorship, partnership, corporation,
association, or other legal entity.
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.
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.
Shall mean any sign that permanently attaches to the ground
or a building.
See "main building."
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.
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.
Shall mean space allocated for collection and storage of
source-separated recyclable materials.
Shall mean that parcel of undeveloped land designated for
dedication as a public or quasi public use.
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.
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.
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.
Shall mean an apparatus capable of receiving signals from
geostationary orbital satellites.
Shall mean:
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
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.
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.
Shall mean:
Shall mean:
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.
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]
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.
Shall mean those which carry traffic from local streets to
the arterial streets and designed to have considerable continuity
and traffic capacity.
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.
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.
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.
Shall mean anything constructed or erected which requires
permanent location on the ground or attachment to something having
such location.
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."
Shall mean all subdivisions not classified as minor subdivisions.
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.
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.
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.
Shall mean a right of way, dedicated to public use, to facilitate
pedestrian access through a subdivision.
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.
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:
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Class I. The mayor or the mayor's designee in the absence of
the mayor.
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Class II. One (1) of the officials of the borough other than
a member of the borough council, to be appointed by the mayor.
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Class III. A member of the borough council, to be appointed
by it.
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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.
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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:
[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.
[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
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
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:
[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.
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.
4.
The redevelopment plan dated October 16, 2020, entitled “South
End Redevelopment Plan” is hereby adopted to guide the development
of the redevelopment area. The Redevelopment Plan shall act as an
overlay zone of all provisions of the Borough of Bogota Land Development
Ordinance regulating development in the redevelopment area, and this
adoption of the Redevelopment Plan shall be considered an amendment
to the Borough of Bogota Zoning Map for the redevelopment area.
Redevelopment plans and amendments may be found in the Borough
offices.
[Added 12-3-2020 by Ord. No. 1553]
(a)
Adopts an amended Redevelopment Plan for an Area in Need of Redevelopment
consisting of Block 112, Lots 1 and 2; and Block 113, Lots 3, 4, 5,
6, 7 and 8, South End Redevelopment Plan.
[Added 8-17-2023 by Ord. No. 1602]
[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.
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.
12.
All
classes of cannabis establishments, cannabis distributors and cannabis
delivery services, as said terms are defined in Section 3 of P.L.
2021, c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 6-24-2021 by Ord. No. 1562]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[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]
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:
[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:
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]
[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;
[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:
[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.
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:
[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.
