[Editor's Note: Zoning Ordinance Nos. 1564, 1592, 1654,
1669, 1711, 1745, 1828, 1964, 1976, 1981, 2012, 2047 and §§ I
and II of 2051 previously codified herein were superseded in their
entirety by Ordinance #2067.]
[Ord. No. 2067]
This chapter shall be known and may be cited as the Zoning Ordinance
of the Township of Lyndhurst.
[Ord. No. 2067]
A comprehensive zoning plan for the township which is set forth
in the text, maps and schedule that constitute this chapter is adopted
for the purposes set forth in Section N.J.S.A. 40:55D-2 and more particularly
for the protection and promotion of the public health, safety and
welfare in the following manner.
a.
Guiding the future growth and development of the township in accordance
with a comprehensive plan of land use as set forth in the master plan
of the township which represents the most beneficial, economically
productive, and socially satisfactory relationships among the residential,
commercial and industrial areas within the township, having regard
to their suitability for the various uses appropriate to each of them
and their potentiality for such uses, as indicated by existing conditions
and trends in population, in building development, and in economic
activity, considering such conditions and trends both within the township
and with respect to its relation to adjacent areas.
b.
Protecting and conserving the value of land throughout the township
and the value of buildings appropriate to the various districts established
by this chapter.
c.
Assuring a harmonious relationship among the various districts established
by this chapter minimizing such conflicts among uses in connection
with the orderly development or redevelopment of various use districts.
d.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging locations
of such facilities and routes which result in congestion or blight.
e.
Aiding in providing a guide for public policy and action in the efficient
provision of public facilities and services, and for private enterprise
in building development, investment and other economic activity relating
to the uses of land and buildings throughout the township.
f.
Bringing about the gradual conformity of the uses of land and buildings
throughout the township to the comprehensive zoning plan as set forth
in this chapter.
[Ord. No. 2067; Ord. No. 2486, § I; Ord. No. 2522, § I; Ord.
No. 2534, § 1; amended 1-16-2018 by Ord. No. 2982-17]
For the purpose of this chapter, the township is hereby divided
into classes of districts as follows:
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R-A - One Family Residence
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R-B - One and Two Family Residence
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R-C - Multi-Family Residential
|
|
B - Business
|
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M-1 - Light Industrial
|
|
M-2 - Heavy Industrial
|
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C-GI - Commercial - General Industrial
|
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SHRC - Senior Housing and Residential - Commercial
|
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BR - Business Restaurant Overlay Zone
|
[Ord. No. 2067; Ord. No. 2486, § I; Ord. No. 2589, § 1]
The districts are bounded and defined as shown on a map entitled,
"Zoning Map of the Township of Lyndhurst, N.J." revised July 12, 1988,
which map shall be signed by the mayor and attested by the township
clerk, which map accompanies and which, with all explanatory matter
thereon is hereby made a part of this chapter.[1]
a.
Amendments.
1.
SHRC - Block 170, Lots 1, 2, 3, 1.01 and 3.01.
2.
All of the lots situated on the north side of New York Avenue between
the intersection of the said New York Avenue with the westerly sideline
of Ridge Road to and including the intersection of the said New York
Avenue with the easterly sideline of Lafayette Place shall be rezoned
from B (Business) use to R-B (Two Family Residential) use.
b.
The Business Restaurant Overlay Zone shall include all properties
situated along Stuyvesant Avenue, specifically between the northernmost
intersection with Court Avenue and the northernmost intersection with
Tontine Avenue, having any portion of a parcel of land adjacent to
Stuyvesant Avenue, and located in the Business Zone.
[Added 1-16-2018 by Ord.
No. 2982-17]
[1]
Editor’s Note: The Zoning Map is included as an attachment to this chapter.
[Ord. No. 2067]
a.
Where a boundary line is shown as approximately following the center
line of a street or highway, a street line or highway right-of-way
line, such center line, street line or right-of-way line shall be
construed to be such boundary. The boundary line will be changed automatically
whenever the center line, street line or highway right-of-way line
is changed, provided that the change does not exceed 20 feet.
b.
Where a boundary line is shown as following a lot line, such lot
line shall be construed to be the boundary.
c.
Where a boundary line is shown as following a railroad line, such
boundary shall be deemed to be located as the center line of such
railroad line easement, right-of-way, property, etc.
d.
Where a district boundary line is shown as approximately following
the township limits, such boundary shall be construed to be the township
limits.
e.
Where a boundary line follows a stream, such boundary shall be deemed
to be the center line of the stream. For any lake, pond, reservoir,
river or other body of water, the regulations of the district in which
they are located shall apply.
f.
Where a boundary line is shown as approximately parallel to a street,
highway, stream, or railroad line, such boundary shall be construed
as being parallel thereto and at such distance from the center line
thereof as indicated on the zoning map.
[Ord. No. 2067]
Except as hereinafter provided:
a.
No land or building hereafter shall be used, occupied, erected, moved
or altered unless in conformity with the regulations hereinafter specified
for the district in which it is located.
b.
No building shall hereafter be erected or altered:
1.
To exceed the height limit;
2.
To exceed the floor area ratio;
3.
To occupy a greater percentage of lot area;
4.
To accommodate or house a greater number of families; or
5.
To have narrower or smaller rear yards, front yards or side yards,
than is specified for the district in which such building is located.
c.
No part of a yard or other open space required for any building for
the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space similarly required
for another building.
d.
No lot shall be reduced in area that it does not meet the area requirements or that any required open space will be smaller than prescribed in the Schedule of Regulations, Section 21-6, (which schedule accompanies, and which is made a part of this chapter), for the district in which the lot is located. Yards or lots created after July 1, 1988 shall meet at least the minimum requirements established by this chapter.
e.
Off-street parking space and off-street loading space shall be provided
as specified in this chapter and shall be provided with necessary
passageways and driveways appurtenant thereto and giving access thereto.
All such parking space and loading space, together with such passageways
and driveways, shall be deemed to be required space on the lot on
which the same is situated and shall not thereafter be encroached
on or reduced in any manner except as otherwise provided in this chapter.
f.
No off-street parking or loading space required for one building
or use shall be included as meeting, in whole or part, the off-street
parking or loading space required for another building or use.
g.
No off-street parking or loading and unloading space shall be so reduced in area that it does not meet the requirements of Section 21-8.
h.
Nothing contained in this chapter shall require any change in the
plans, construction or designated use of a building complying with
existing law, a permit for which shall have been issued and the construction
of at least the foundation or slab of the building shall have been
started before the date of final adoption of this ordinance, which
date is June 14, 1988.
i.
Marijuana facilities.
[Added 12-19-2018 by Ord.
No. 3009-18; amended 6-10-2021 by Ord. No. 3073-21]
1.
In every zoning district referred to in this chapter, no land or
building shall be:
(a)
Used or allowed to be used for the growing, cultivating, processing,
storing, transporting, or selling of medicinal marijuana, its derivatives
or agents; and/or
(b)
The manufacture, distribution, storing or transporting of paraphernalia
that facilitates the use of medicinal marijuana; and/or
(c)
The distribution or sale of medicinal marijuana to retail and/or
wholesale stores; and/or
(d)
The manufacture, storage, and/or transportation of any and all medicinal
marijuana products, manufacturing facilities, retail and wholesale
medicinal marijuana products, retail and wholesale medicinal marijuana
testing facilities, and the operation of retail and wholesale medicinal
marijuana social clubs.
2.
All activities related to the above-mentioned retail and wholesale
uses, such as, but not limited to, cultivation, possession, extraction,
manufacturing, processing, storing, laboratory testing, labeling,
transporting, delivering, dispensing, transferring and distributing
of medicinal marijuana, are expressly prohibited within the Township.
The foregoing shall not be construed to limit any privileges or rights
of a qualifying patient or primary caregiver pursuant to the New Jersey
Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1.
3.
Fines and penalties. The maximum penalty for violation of any provision of this Subsection i shall, upon conviction, be a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge.
j.
All classes
of cannabis establishments, cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P. L. 2021, c.
16 (New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act), are prohibited from operating anywhere in the
Township of Lyndhurst, except for the delivery of cannabis items and
related supplies by an outside delivery service. All classes of cannabis
establishments, cannabis distributors, or cannabis delivery services
as said terms are defined in P. L. 2021, c. 16 (New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act) are hereby prohibited uses in all zones.
[Added 6-10-2021 by Ord. No. 3073-21]
[Ord. No. 2067; Ord. #2434,
§ I]
a.
The following uses may be established in any district:
1.
Public parks and playgrounds, together with recreational, administrative
and service buildings appurtenant thereto.
2.
Firehouses and other governmental functions.
3.
Public and private elementary and secondary schools, in accordance
with the following requirements:
(a)
Such use shall be subject to site plan review and approval.
(b)
Lot area. Minimum lot area shall be 1 1/2 acres.
(c)
Frontage. Minimum street frontage shall be 200 feet.
(d)
Front yard. Minimum front yard depth shall be 100 feet.
(e)
Side yards. Minimum side yard shall be 50 feet each.
(f)
Rear yard. Minimum rear yard depth shall be 100 feet.
(g)
Height. No building shall exceed the height limit permitted
in the zone district in which it is located.
(h)
Floor area ratio. The building floor area ratio shall not exceed
.25 of the lot area.
(i)
Impervious coverage. The impervious coverage shall not exceed
70% of the lot area.
(j)
Parking. All parking shall be located in the rear or side yards,
at a minimum of 25 feet from any property line, and shall be screened
from view from adjacent properties.
4.
Any agricultural or horticultural use not involving the raising,
keeping of poultry or livestock or the erection or alteration of commercial
greenhouses.
5.
Places of worship including parish house, rectory, parsonage, convent and other religious buildings provided the principal and accessory buildings conform to the minimum area and bulk requirements for a one-family dwelling in an R District and further conform to the minimum requirements for off-street parking as established in Section 21-8.
[Ord. No. 2067; Ord. No. 2340, § I; Ord. No. 2690, § 2; Ord.
No. 2833-12; Ord. No. 2913-15 § 2]
a.
Uses Allowed by Right.
1.
Single family homes, not to exceed one such dwelling on each lot.
3.
Community residence for the developmentally disabled and community
shelter for victims of domestic violence as defined by N.J.S.A. 40:55D-66.1
for not more than six persons exclusive of resident staff.
4.
A professional office shall be permitted as conditional uses provided
that:
(a)
The use is carried on wholly within the completely enclosed
building; and
(b)
Not more than 50% of the floor space is devoted to the professional
office with the remaining 50% to be devoted for residential use; and
(c)
One off-street parking space shall be provided for every 300
square feet of usable office area.
(d)
There shall be no exterior storage of materials and equipment;
and
(e)
Such professional office must be in keeping with the residential
character of the neighborhood and shall not materially depreciate
property values in the immediate area.
(f)
There can be no more than two principal uses associated with
the property in question, i.e., professional office and residence.
A professional occupation includes, but is not limited to, architect,
artist, accountant, contractor, dentist, surgeon or physician, chiropractor,
engineer, land surveyor, and lawyer. A professional occupation for
purposes of this section, does not include but is not limited to the
occupation of cabinet making and furniture repair work, musician,
real estate agent or broker, construction trades which include on
site work areas, an animal hospital or kennel, an automotive repair
shop, a barber shop, a restaurant, tearoom or tavern, a store, mortuary,
limousine and livery services, or other similar uses. Also for purposes
of this section, a professional office does not include any hospital,
clinic, or outpatient treatment center. If the professional office
to be located in a home is not stated as permitted, then it is prohibited.
[Ord. No. 2913-15 § 2]
b.
Conditional Uses. Conditional uses allowed, subject to approval by
the planning board.
[Ord. No. 2067; Ord. No. 2567, § 3]
[Ord. No. 2067]
b.
c.
Special Regulations. Special regulations applying to multi-family
dwellings and garden apartment style dwellings.
1.
Requirements as to minimum lot size, setbacks, density, coverage and height, as contained in the Schedule of Regulations, Section 21-6.
2.
All space not needed for building or parking shall be landscaped.
A minimum landscaped open space of 2,000 square feet shall be provided.
3.
The minimum distance between structures within the development shall
be 30 feet.
4.
The main entrance to the building shall not face the parking area.
5.
No structure shall be more than 150 feet in longest dimension. No
structure within 50 feet of the front lot line shall have a dimension
of more than 100 feet parallel or nearly parallel to the front of
the lot.
6.
Structures more than 50 feet in length shall have facade set backs
of at least two feet, not more than 50 feet apart.
7.
Parking areas and access drives shall be paved; uncovered parking areas shall be landscaped in accordance with subsection 21-8.10.
8.
Adequate facilities shall be provided for the handling and storage
of garbage by maintaining an enclosed and screened area or a separate
building into which all garbage and waste materials shall be deposited.
9.
A minimum of 100 square feet of recreation space per dwelling unit
shall be provided. The least dimension of such space shall be no less
than 20 feet.
10.
All driveways shall be at least five feet from any side lot line.
All driveways and parking areas shall be at least five feet from any
principal building.
[Ord. No. 2067; Ord. No. 2351, § I; Ord. No. 2394, § I; Ord.
No. 2567, § 3; Ord. No.
2618, § I; Ord. No. 2840-12; Ord. No. 2872-12, § 4;
amended 11-3-2022 by Ord. No. 3131-22]
a.
Uses Allowed by Right.
1.
Retail stores, markets and shops for the conducting of any retail business, except those specifically prohibited under subsection 21-4.5c.
2.
Service establishments as defined by this chapter, excluding automotive,
laundry and dry cleaning establishments where laundry and dry cleaning
is done on the premises and drive-in windows or facilities. Coin operated
laundries and dry cleaners are permitted provided there is an attendant
present whenever the establishment is open. A hand laundry is permitted
provided that no more than three persons are employed and provided
that the laundry is housed in a fully enclosed structure.
3.
Business, professional and governmental offices.
4.
Banks, without drive-in facilities.
5.
Nursery schools and day care centers.
6.
Restaurants applicable to the B-R Overlay Zone: eating and drinking
establishments, including delicatessens, having table service to a
minimum of 10 seats. The definition of "restaurant," for the purpose
of this subsection, shall not include fast-food establishments.
[Added 1-16-2018 by Ord.
No. 2982-17]
7.
Dwellings applicable to the B-R Overlay Zone: residences above the
ground floor where the ground floor has a restaurant establishment
(use) having a minimum of 2,000 square feet. "Dwellings" are defined
as residential units having a minimum of 700 square feet.
[Added 1-16-2018 by Ord.
No. 2982-17]
b.
Conditional uses. The following uses may be established as conditional
uses subject to approval by the planning board.
1.
Drive-in windows for financial institutions provided that:
(a)
The applicant demonstrates that there is sufficient space on
the site to provide for the maximum line of cars that may be reasonably
expected; and
(b)
Measures to increase traffic safety recommended in reports from
the police department and planning consultant be considered and may
be made a condition of approval.
2.
Automobile sales rooms provided that automotive repair or servicing
not normally incidental to the sale of automobiles is prohibited.
3.
Telephone exchanges and other public utility substations provided
they are housed in a building or suitably enclosed to harmonize with
the character of the neighborhood.
4.
Funeral parlors.
5.
Fully enclosed theaters.
6.
Gasoline stations, and repair garages in accordance with the following
conditions:
(a)
No gasoline station shall have an entrance or exit for vehicles
within 200 feet along the same side of a street of any school, playground,
church, hospital, public building or institution, except where such
property is in another block or abuts another street which the lot
in question does not abut.
(b)
No gasoline station or repair garage shall be permitted where
any oil draining pit or visible appliance for any purpose (other than
gasoline filling pumps or air pumps) is located within 50 feet of
any existing or future street line or within 150 feet of any residential
district. All such appliances or pits other than gasoline filling
pumps or air pumps, shall be within a building.
Gasoline and air pumps shall be permitted within the required
front yard space of a gasoline station, but shall be no closer than
20 feet to any existing or future street line.
(c)
No abandoned or unregistered motor vehicle shall be permitted
on the premises of any gasoline station or repair garage unless within
a closed and roofed building. Six motor vehicles may be located upon
any gasoline station or repair garage outside of a closed or roofed
building for a reasonable time while the motor vehicles are awaiting
repair by the gasoline station or repair garage.
7.
Fully enclosed eating and drinking establishment where food and drink
is served within the building only, or where take out customers constitute
less than 50% of the total customers.
9.
Emergency medical treatment centers provided that an off-street space
for an ambulance is provided.
10.
Private and commercial schools.
11.
Body art, including permanent cosmetics, tattooing and body piercing,
as defined in this chapter, subject to the following conditions:
(a)
Compliance with all requirements of the township department of health, pursuant to Section 22-9 et seq. of the Township ordinance.
(b)
Compliance with all requirements of the State Department of
Health pursuant to N.J.S.A. 26:1A-7 et seq., and the regulations promulgated
thereunder pursuant to N.J.A.C. 8:27-1 et seq.
12.
Vape
Shops.
[Added 11-3-2022 by Ord. No. 3131-22]
(a)
Vape Shop shall be Conditionally Permitted in the Business District
provided that the subject premises is not within 1,500 feet of the
nearest property line of any of the following uses:
(1)
Nursery school;
(2)
Preschool;
(3)
Child, adult or special needs day care centers;
(4)
Elementary, junior high school or high school;
(5)
State, County, or private university or college;
(6)
Other schools not falling within the definition of (1) through (5)
above;
(7)
Funeral parlor;
(8)
Health service facilities;
(9)
Other vape shops;
(10)
Assisted living facilities or group homes;
(11)
Church or other places of worship;
(12)
Parks, playgrounds and commercial recreational facilities.
(b)
The use is prohibited in all other districts in the Township.
c.
Excluded Uses. The following uses are specifically excluded from
Business District:
1.
Hotels, motels and motor inns.
2.
Shooting galleries, skating rinks, bowling alleys, billiard parlors,
dance halls, discotheques, model slot car racing, amusement arcades
and other similar amusements, drug paraphernalia sales and fortune
tellers.
3.
Automobile laundries.
4.
Automotive storage or repair garage.
5.
Used car lots.
6.
Boarding of animals.
7.
Truck terminals.
8.
Manufacturing, processing and assembly enterprises.
9.
Building or construction supply business.
10.
Milk depots.
11.
Warehouse and similar storage facilities.
12.
Wholesale establishments.
13.
Dwellings.
14.
Outdoor storage.
15.
Check cashing facilities.
d.
All business uses must be buffered from any adjacent residential
use or zone with a six foot high evergreen or decorative fence screen,
except that within ten feet of a public sidewalk, the buffer shall
be no more than 2 1/2 feet in height.
[Ord. No. 2067; Ord. No. 2331; Ord. No.
2338, § I; Ord. No. 2361]
a.
Uses Permitted by Right.
1.
Research laboratory, business office and offices accessory to an
industrial use.
2.
Animal hospital and veterinary office.
3.
Warehousing, except the storage of combustible matter, explosive
matter, dismantled vehicles, baled paper, rags, used building materials
or fuel.
4.
Manufacture by processing, distillation, fabrication assembly or other handling of products, provided that in its design and continued operation, compliance is had with the performance standards enumerated in subsection 21-4.6c.
5.
Living quarters for caretaker or watchman.
6.
Dry cleaning plants and laundries.
7.
Wholesale and/or storage conducted in enclosed building.
8.
The entire M-1 Zone and M-2 Zone property fronting on Schuyler Avenue
current permitted uses shall be expanded to permit the following uses:
(a)
All uses currently permitted in the township's B (Business)
Zone.
(b)
Indoor public storage facilities.
(c)
Food establishments which are defined as delicatessens, bakeries,
butchers, grocery stores and supermarkets. The food establishment(s)
building operation footprint can be no more than 60,000 square feet
of usable area.
(d)
Senior living center which includes nursing home and intermediate
convalescent care.
(e)
Post Office or governmental professional office facilities.
(f)
Garden center retail sale of fruits, vegetables, plants, and/or
related products. In addition, the outside usage must be approved
by the Lyndhurst Health Department.
(g)
This zone shall not permit any residential housing.
b.
Prohibited Uses. Uses specifically prohibited in the M-1 District
(Light Industrial).
1.
The storage of crude oil or any of its volatile by-products in tanks,
except as incidental to a permitted manufacturing process.
2.
Junk yards, automobile graveyards or dismantling plants or the storage
of secondhand materials derived therefrom.
3.
The baling or treatment of junk, iron, rags, bottles, glass or scrap
paper; or storage in connection therewith.
4.
Entertainment and amusement establishments and amusement arcades.
5.
Building materials storage yard, including such materials as sand,
plaster, brick, cement, lumber, roofing materials, boilers, tanks,
radiators, pipes and fittings.
6.
Outdoor storage of any material or product.
7.
Dog pounds or kennels.
c.
Performance Standards for M-1 Districts. Before any building permit
shall be issued for a use in any M-1 District satisfactory evidence
shall be presented to the construction official with the application
that the proposed use shall conform to the following performance standards.
1.
Vibration - no vibration shall be discernible at the lot lines or
beyond.
2.
Smoke - no emission of visible grey smoke of a shade equal to or
darker than No. 1 Ringelmann Chart.
3.
Odors - no odor shall be noticeable at the lot line or beyond.
4.
Fly-ash, dust - no emission which can cause any damage to health,
to animals or vegetation or other forms of property or any excessive
soiling at the lot line or beyond.
5.
Glare - no direct or sky reflected glare shall be visible at the
lot line or beyond.
6.
Liquid or solid wastes - no discharge into any disposal system, public
or private, or streams, or into the ground of any materials of such
nature or temperature that can contaminate any water supply, including
ground water supply.
7.
Noise - no emission or noise shall exceed the minimum standards set
by the most current regulation of the New Jersey State Department
of Environmental Protection.
8.
Fire and explosion hazard - no process or storage of material in
such manner as to create undue hazard by reason of fire or explosion.
9.
Any use or structure to be constructed in the M-1 District shall
meet the standards adopted by the New Jersey Department of Environmental
Protection for the control of air and water pollution.
d.
Where a light industrial area abuts a residential district there
shall be provided along any rear and/or side lot line coincidental
with any light industrial-residential district boundary an open buffer
strip not less than 15 feet in width measured at right angles to the
line, the exterior ten feet of which abutting the residential district
shall not be used for the parking of automotive vehicles or the storage
of any materials and shall be landscaped. The interior five feet of
the buffer strip may be devoted to parking, but not to the storage
of any materials.
[Ord. No. 2067; Ord. No. 2331; Ord. No.
2338, § II; Ord. No. 2348; Ord. No. 2361, § II]
a.
Uses Permitted by Right.
1.
Research laboratory, business office and offices accessory to an
industrial use.
2.
Living quarters for caretaker or watchman but no other residential
uses.
3.
Repair and machine shops.
4.
Dyeing and cleaning establishments.
5.
Commercial warehouses, lumber and coal yards and building materials
storage yards.
6.
Manufacture by processing, distillation, fabrication assembly of
other handling products.
7.
Animal boarding or hospitalization, veterinary office.
8.
Wholesale and/or storage establishments conducted in completely enclosed
buildings.
9.
The entire M-1 Zone and M-2 Zone property fronting on Schuyler Avenue
current permitted uses shall be expanded to permit the following uses:
(a)
All uses currently permitted in the town-ship's B (Business)
Zone.
(b)
Indoor public storage facilities.
(c)
Food establishments which are defined as delicatessens, bakeries,
butchers, grocery stores and supermarkets. The food establishment(s)
building operation footprint can be no more than 60,000 square feet
of usable area.
(d)
Senior living center which includes nursing home and intermediate
convalescent care.
(e)
Post Office or governmental professional office facilities.
(f)
Garden center retail sale of fruits, vegetables, plants, and/or
related products. In addition, the outside usage must be approved
by the Lyndhurst Health Department.
(g)
This zone shall not permit any residential housing.
b.
Prohibited Uses. Uses specifically prohibited in the M-2 District
(Heavy Industrial).
1.
Any use which cannot comply with the performance standards enumerated in subsection 21-4.6c or which constitutes a fire, explosion, atomic radiation, or other safety hazard.
2.
Residential uses except living quarters for a caretaker or watchman.
3.
Trailer camps.
4.
Automobile or other junk yards.
5.
Unscreened open storage yards and unscreened open storage of rags,
glass, iron or junk.
6.
Amusement arcades.
c.
Where an industrial district abuts a residential district there shall
be provided along any rear and/or side lot line coincidental with
any industrial-residential district boundary an open buffer strip
not less than 30 feet in width, measured at right angles to the line,
the exterior 15 feet of which abutting the residential district shall
not be used for the parking of automotive vehicles or the storage
of any materials and shall be landscaped. The interior 15 feet of
the buffer strip may be devoted to parking, but not to the storage
of any materials.
[Ord. No. 2067; Ord. No. 2168, §§ I —
IX; Ord. No. 2394, § II]
a.
Uses Permitted by Right.
1.
Research laboratory, commercial office buildings and offices accessory
to an industrial use.
2.
Automobile salesrooms; automobile repair shop only in connection
with a franchised automobile dealership and as part thereof. A used
car lot shall be permitted as an accessory use to a franchised dealer
of new automobiles, provided it is located on the same lot as the
principal use.
3.
Banking offices.
4.
Hotels and motels.
5.
Restaurants, but not including drive-in establishments, bars, taverns,
retail and service uses such as apparel stores, drug stores, gift
shops, newsstands, beauty shops, and barber shops but only when located
as an accessory to a structure containing a permitted use and accessible
to the public only through the principal use.
6.
Manufacture by processing, fabrication, assembly or other handling
of products.
7.
Wholesale and/or storage establishments conducted in completely enclosed
buildings.
8.
Check cashing facilities, providing same is not located within 1,000
feet from an elementary or secondary school building or property used
for elementary or secondary school or athletic purposes.
b.
Excluded Uses. Uses specifically excluded in the C-GI District:
1.
Any uses which cannot comply with the performance standards enumerated in subsection 21-4.6c, any use which exceeds in intensity and frequency the noise of street traffic at the adjoining street or streets, any use which constitutes a fire explosion, atomic radiation, or other safety hazard.
2.
Trailer camps, trailer leasing agency, trucking terminals and truck
leasing agency.
3.
Automobile junk yards; building street improvement contractors storage
yards.
4.
Unscreened open storage yards and unscreened open storage of rags,
glass, iron, junk or lumber.
5.
Manufacture, storage, transmission of chemicals and explosives of
any nature including plastic factories.
6.
Drive-in restaurants and drive-in eating establishments.
c.
The following uses may be established as conditional uses subject
to approval by the planning board.
4.
Recreational entertainment uses, provided that such use is limited
to that part of the district including the east side of Chubb Avenue
and extending eastward, provided that such use is accessory to a structure
containing a permitted use and accessible to the public only through
the principal use.
5.
Offensive uses in existing residential, commercial and industrial
zones.
(a)
Purpose. In that there are some uses which, due to their very
nature, are recognized as being so offensive on their face so as to
affront the community standards of decency.
In that it is further recognized that there are some uses which
have serious objectionable operational characteristics, and accordingly
having a deleterious effect upon the use and enjoyment of adjacent
areas, as well as upon minors who frequent said areas and accordingly
must be limited in terms of location within a specific zone in the
township.
In that specific regulations of the uses are required so as
to insure against blighting and/or downgrading of the surrounding
neighborhood and properties.
The primary purpose of this paragraph c5 is the prevention of
such offensive, deleterious uses in existing residential, commercial
and industrial zones within the township and further, prevention of
the operation of patently offensive business enterprises which appeal
to the prurient interests of individuals in such residential, commercial,
industrial, mixed use and/or any zone in question.
In that it is recognized that certain uses, despite their offensive
nature, are protected by virtue of the New Jersey and United States
Constitutions, it is the purpose and intent of this paragraph 5 to
limit such offensive and deleterious uses within the township to a
specific zone, all within the confines of the state and federal constitutions.
(b)
Uses Subject to Control. The paragraph c5 is specifically addressed
to adult only book stores, adult only motion picture theaters, massage
parlors, rap parlors, saunas, go-go-bars, juice bars, and such establishments
having paid dancers where such enterprises engage in activities hereinafter
described in this paragraph c5.
(c)
Definitions. For purposes of this paragraph c5, the following
words and/or phrases shall have the meaning hereafter ascribed to
them:
(1)
Adult type uses shall mean any use which includes adult only
book stores, adult only motion picture theaters, massage parlors,
rap parlors, saunas, go-go-bars, juice bars, dance establishments
having paid dancers and any such other uses which are recognized to
engage in or display acts or materials hereinafter described.
(2)
Adult only book store shall mean any establishment having 30%
or more of its dollar volume in trade, books, magazines or other periodicals,
which are distinguished or characterized by their principal emphasis
on matters depicting, describing or relating to nudity, sexual conduct,
sexual excitement or sadomasochistic abuse, obscenity, for sale to
patrons therein.
(3)
Adult only motion picture theaters shall mean any enclosed building
or premises for use in presenting 30% or more of its program material
distinguished or characterized by an emphasis on matters depicting,
describing or relating to nudity, sexual conduct, sexual excitement
or sadomasochistic abuse, obscenity, for sale to patrons therein.
(4)
Dance establishments shall mean any establishment or location
where dancers are paid by the business enterprise or someone on their
behalf.
(5)
Massage parlor shall mean any establishment primarily engaged
in the business of providing massage services.
(6)
Nudity shall mean any exhibiting or the showing of the human
male or female genitals, pubic area or buttocks with less than a fully
opaque covering, or the showing of the female breast with less than
a fully opaque covering of any portion thereof below the top of the
nipple, or the depiction of covered male genitals in a discernible
turgid state.
(7)
Obscene material shall mean any description, narrative, account
or display or depiction of a specified anatomical area or specified
sexual conduct activity 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, emits sensuality with sufficient impact to coordinate
prurient interest on the area or activity as defined under the laws
of the State of New Jersey.
(8)
Obscene film shall mean any motion picture film or preview or
trailer to a film, not including newsreels, portraying actual current
events or pictorial news of the day, in which a scene, taken by itself:
(i)
Depicts a specific anatomical area or specified
sexual activity or the simulation of a specified sexual activity,
or verbalization concerning a specified sexual activity, and
(ii)
Emits sensuality sufficient, in terms of the duration
and impact of the depiction, to appeal to prurient interest; and as
more fully defined under the laws of the State of New Jersey.
(10)
Specified sexual activity shall mean:
(12)
Rap parlor shall mean an establishment primarily in the business
of providing nonprofessional conversation or similar services for
adults.
(13)
Sauna shall mean an establishment primarily in the business
of providing (1) a steam bath and (2) massage services.
(14)
Sexual conduct shall mean acts of masturbation, homosexuality,
sexual intercourse, or physical contact with a person's unclothed
genitals, pubic area, buttocks or if such person be a female, her
breast.
(15)
Sexual excitement shall mean the condition of human male or
female genitals when in a state of sexual stimulation or arousal.
(16)
Sadomasochistic shall mean abusive flagellation or torture by
or upon a person clad in undergarments, a mask or bizarre costume,
or the condition of being fettered, bound or otherwise physically
restrained on the part of one so clothed.
(d)
Permissible adult type uses shall only be permitted in a C-G1
Zone to the extent that they are permitted by federal, state (See
N.J.S.A. 2C:34-1), county and local applicable laws. Nothing in this
paragraph shall permit the sale, rental, exhibition use or operation
of any obscene materials, obscene films or obscene products.
(e)
No permissible adult-type uses, as set forth above, shall be
operated or maintained within 500 feet of any residentially zoned
district, office-resident zoned district, any church, any state licensed
day care facility, any schools or public educational facilities.
(f)
The 500 foot distance limitations set forth above shall be measured
via a straight line from the property line of the premises in question
to the property line of the residential, school or church as set forth
above.
(g)
Any nonconforming use presently in existence shall be permitted
to remain, for the purpose for which it is operating, provided it
does not violate state or federal obscenity laws.
(h)
Severability clause. It is an express intention of this paragraph
c5 that if any portion of the same should become determined by a court
of proper jurisdiction as being invalid or unlawful, the remainder
of the paragraph c5 shall continue in full effect.
(i)
Violations. Any violation of this paragraph c5 shall be subject
to the fines or penalties existing under the violation section of
the Township of Lyndhurst Zoning Code Chapter.
[Ord. No. 2486, § I]
a.
Permitted Principal Uses. The following principal uses shall be permitted
in connection with a public access walkway constructed along the western
property lines and the required community amenities provided:
c.
Redevelopment Area Density. The residential portion of this Redevelopment
Area shall be limited to a maximum of 200 units with a minimum of
80 affordable senior age restricted housing units and the balance
market rate rentals with first preference given to persons 55 years
of age and older.
d.
Standards
|
Minimum lot area
|
1 acre
|
|
Minimum lot width
|
100 feet
|
|
Minimum lot depth
|
100 feet
|
|
Minimum yard dimensions
|
See below
|
|
Maximum (building) coverage
|
60%
|
|
Maximum building height
|
8 stories above existing building ± 3%
|
3.
Signage.
(a)
One nameplate per user which shall not exceed four square feet
in area and shall have only interior illumination, if any.
(b)
Freestanding sign - Maximum area of 48 square feet, maximum
height of four feet; setback in one-half of required setback (existing
pylon exempted).
(c)
Parking area informational signs shall be limited to those that
provide information pertaining to direction, identification of areas
in which parking is available, identification of pedestrian activity,
warning about clearance, oncoming traffic, and shall be easily readable.
(d)
Seasonal banners on light fixtures or display poles shall be
allowed along with other signage which can develop the character and
theme of the area and is specified in the project's site plan.
4.
Landscaping.
(a)
Street trees shall be planted 50 feet on center with a minimum
diameter at breast height (DBH) three inches along the redevelopment
area property boundaries.
(b)
All areas not containing buildings, sidewalks, driveways, utilities
or walkways shall be landscaped.
(c)
Trash receptacles shall be adequately secured, enclosed and
screened on all sides by landscaping or other type attractive material.
6.
Lighting. Adequate lighting shall be provided to promote a sense
of security in the redevelopment area. Artificial lighting used to
illuminate the premises shall be directed away from adjacent properties
and streets shining only on the subject site. Lighting fixtures and
posts shall conform architecturally and stylistically to buildings
and surrounding areas.
7.
The senior housing units to be created shall comply fully with the
township's building, health, plumbing and fire codes. Prior to the
granting of the site plan approval by the Planning Board, each department
shall inspect the plans and shall make any recommendations it may
deem to be necessary to insure the health, safety and welfare of the
public. All existing dwelling units within the building shall be inspected
prior to the granting of the temporary certificate of occupancy which
shall not be issued until the existing dwelling units comply with
fire and life safety codes.
e.
Waterfront Walkway Design Guidelines.
1.
The Walkway area shall be a minimum of 15 feet in unobstructed width.
Additional width shall be provided in areas with additional amenities
such as benches or planters.
2.
All design specifications shall be in accordance with the standards
set herein.
3.
Amenities and design elements shall be to the extent reasonably feasible
designed to be vandal resistant.
4.
All materials and street furniture shall be chosen to complement
the design of the surrounding developments in scale, color and style.
5.
Hard surfaces shall be used in all cases or paved areas of the waterfront
and connecting walkways.
6.
Sufficient landscaping and planting shall be designed so as to soften
the impact of the built environment, provide shade, define the use
areas of the walkway and provide visual buffers.
7.
Lighting shall be adequate to provide for safety and provide vision
to be maintained along the Walkway. Decorative and period lighting
at the option of the developer is encouraged and permitted.
8.
Trash receptacles for recyclable and nonrecyclable trash shall be
provided.
9.
Both pedestrian and bicycle access shall be provided.
[Ord. No. 2067]
a.
In accordance with N.J.S.A. 40:55D-67, the planning board may on
application, and after public notice and hearing, authorize the issuance
of conditional uses, for any of the conditional uses which this chapter
allows, in the district in which such use is proposed to be located.
In authorizing the issuance of conditional uses, the board shall take
into consideration the public health, safety and welfare and shall
prescribe appropriate conditions and safeguards to insure the accomplishment
of the following objectives:
1.
That all proposed structures, equipment or material shall be readily
accessible for fire and police protection.
2.
That the proposed use shall be of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed and will not be
detrimental to the orderly development of adjacent properties in accordance
with the zoning classification of such properties.
b.
Before approval of a conditional use in any district, the planning
board shall find the following:
1.
That there is no adverse impact upon traffic and circulation.
2.
That there is no undue impact upon the enjoyment of proximate land
use.
3.
That there is no undue impact of conditional use activities upon
real estate values of proximate properties.
4.
That there is no adverse impact of conditional use activities upon
utility systems.
c.
In case of any use located in, or directly adjacent to, a Residential
District, the planning board shall find, in addition to the above,
that:
1.
The location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets shall be such that both pedestrian
and vehicular traffic to and from the use and assembly of persons
in connection therewith will not be hazardous or inconvenient to or
incongruous with, the residential district or conflict with the normal
traffic of the neighborhood; and
2.
The location and height of buildings; the location, the nature and
height of walls and fences; and the nature and extent of landscaping
on the site shall be such that the use will not hinder or discourage
the appropriate development and use of adjacent land and buildings
or impair the value thereof.
[Ord. No. 2067; Ord. No. 2567, § 3; Ord. #2658,
§ 1]
a.
No accessory building or use shall be located in front yard, nor
nearer than three feet to a rear or side lot line. In case of a corner
lot fronting on two streets, no accessory building or use shall be
located closer than 10 feet to the street side lot line. Accessory
buildings shall be separated from the principal building by a distance
of at least 10 feet.
b.
Any accessory building attached to a principal building shall be
considered part of the principal building and the total structure
shall adhere to the yard requirements for the principal building regardless
of the technique of connecting the principal and accessory building.
c.
No accessory building shall exceed a height of 15 feet.
d.
No accessory buildings except swimming pools shall occupy an area
greater than 25% of the area of the required rear yard.
e.
Accessory uses in residential districts shall be limited to the following:
1.
Private garage for not more than four vehicles.
2.
Garden house, tool house, playhouse, greenhouse, flagpole or other
similar uses customarily incidental to residential use.
3.
Private swimming pool provided same shall be subject to the swimming
pool and health ordinances of the township.
7.
Recreational playground facilities or equipment.
f.
A/C compressor units to be a minimum of three feet from property
line in all districts.
[Ord. No. 2067; Ord. No. 2164, § I; Ord. No. 2354, § I; Ord.
No. 2567, § 3]
a.
Within a residential zone no rear or side yard fence, hedge or dividing
wall (serving as a fence) shall exceed six feet in height. The six
foot fence in question may extend from the rear yard to the beginning
of the home in question.
b.
Within any residential zone no front yard fence, hedge, or dividing
wall (serving as a fence) shall exceed three feet in height.
c.
In a business or industrial zone no fence or wall shall be over eight
feet in height.
d.
No fence, shrubs or other obstructions to visibility shall be erected,
planted or maintained upon a corner lot within 25 feet of any street
intersection.
e.
A dog run may have fencing of a maximum of six feet in height, provided
that such area is located in the rear yard areas only and is set back
from any lot line at least ten feet. The base of the dog run fence
must have an aluminum coping of at least six inches in height. In
no case may a dog run be closer to a neighboring building than it
is to the principal building on the lot.
f.
Fences in residential zones shall be installed so that the finished
side faces the street or the neighboring property.
[Ord. No. 2067; Ord. No. 2398, § I]
In all districts, except for (1) garden apartment developments,
and (2) lots containing more than 10.0 acres of land, there shall
be only one principal building on any single lot as designated by
the tax and assessment map of the township.
[Ord. No. 2067]
Every single-family or two-family dwelling hereafter erected
shall have one entire wall, without any intervening structure, facing
upon a public street. No detached building shall be constructed in
front of, or moved to the front of a dwelling on the same lot.
[Ord. No. 2067; Ord. No. 2652]
In any zone where outdoor storage is permitted, outdoor storage
of any material, products, supplies or waste shall be prohibited unless
it is suitably screened by a decorative fence. The outdoor storage
shall not be greater than 10 feet in height and the fence shall be
at least as high as the storage but no greater than 12 feet. No outdoor
storage area shall be permitted which infringes on the off-street
parking area required by this chapter.
[Ord. No. 2067]
No permit shall be issued for the construction of a garage for
the parking or storage of a motor vehicle or motor vehicles in a residential
zone, if any portion of the garage excepting the foundation is below
the street level of the lot upon which the garage is to be constructed.
[Ord. No. 2067]
a.
Buildings in all zones are required to have gutters and leader pipes
for water drainage.
b.
All leader pipes are required to be piped to curb lines or if it
is not possible to be piped to a curb line then they must drain into
either a storm water or dry well system or any other underground system
approved by the township engineer.
c.
Buildings and property in all zones are required to be constructed
and landscaped in such manner that their drainage will not adversely
affect neighboring property.
[Ord. No. 2067; Ord. No. 2567, § 1]
Except for permitted driveways and walkways, all parts of any
front yard or side yard which abut the street shall be landscaped
with grass or plant material and shall not be covered by concrete,
bituminous macadam or similar or artificial nonporous substances.
The grass or planting area must be maintained in front side yards
for a minimum distance of eight feet from the back line of a sidewalk,
with the exception that one side yard may have a driveway with a width
not to exceed eight feet leading to the back yard parking area or
garage(s).
[Ord. No. 2067]
Hospitals shall be allowed in the zones as set forth in this
chapter subject to the following requirements:
a.
Minimum lot size: two acres.
b.
Maximum coverage: 30%.
c.
Setbacks: front yard - 35 feet; rear yard - 50 feet; side yards -
1/4 height of the building but not less than 20 feet each.
d.
Height: 40 feet in the B, M-1 and M-2 zones; 100 feet in the C-G-1
zone.
e.
Parking: One space for each three beds; plus one space for each doctor
on staff; plus one space for each two employees on the maximum shift
plus one space for each ten daily visitors to out-patient facilities.
[Ord. No. 2067]
Nursing homes shall be allowed in the zones as set forth in
this chapter subject to the following requirements:
a.
Minimum lot size: one acre.
b.
Maximum coverage: 30%.
c.
Setbacks: front yard - 25 feet; rear yard - 35 feet; side yards -
1/2 height of the building but not less than 15 feet each.
d.
Parking: one space for each five beds; plus one space for each staff
member; and one space for each two employees on the maximum shift.
[Ord. No. 2067]
Such residential facilities shall be allowed in the zones as
set forth in this chapter subject to the following requirements:
a.
Minimum lot size, coverage, set-backs, height as required in the
R-C District, for multiple family dwellings of five units or over.
b.
Parking space - one space per resident; plus one space per employee.
c.
Approval by the health department, fire department and construction
official, as to conformance with applicable codes.
d.
The proposed residence or shelter is not within 1,500 feet of an
existing such residence or shelter.
e.
The number of persons, other than resident staff, resident at existing
such community residences or shelters within the municipality does
not exceed 50 persons or .5% of the population, whichever is greater.
f.
Any outdoor sitting and recreation areas shall be screened with a
solid evergreen hedge or solid fence at least five feet but not over
six feet in height designed to screen the view of such areas from
adjacent properties and from the street.
[Ord. No. 2547, § 1]
During construction of a new building or remodeling or renovation of an existing building, all or a portion of which consists of, or is intended to consist of, a residential use, the public right-of-way or sidewalk fronting the building shall remain open and protected in order for pedestrians to pass safely. No permit shall be issued for construction unless a proposed plan demonstrating the manner in which the right-of-way or sidewalk will remain open and protected is submitted and approved by the construction official. Barricades which block the right-of-way or sidewalk for more than a period of one day shall be prohibited. The use of gravel, or a similar material, in the right-of-way during construction shall be acceptable until new sidewalks are installed. In the event that the right-of-way or sidewalk does not remain open during construction in accordance with the requirements of this subsection, the department of public works of the Township of Lyndhurst shall have the authority to take appropriate action to keep the right-of-way open and protected. The cost of such service by the department of public works shall be imposed against the owner, contractor, or other person interested as general agent, architect, building contractor, owner, tenant, or any other persons who commit, take part, or assist in any violation of this subsection. A fine shall also be imposed for any violation of this subsection, pursuant to Section 21-14 of this chapter. The director of the department of public works, or his duly designated representative, shall certify to the tax collector/treasurer/chief financial officer of the department of revenue and finance the cost of the performance of the work and any penalty imposed, and upon the filing of the certificate by the director of the department of public works or his duly designated representative with the tax collector/treasurer/chief financial officer, it shall thereafter cause a lien to be placed upon the abutting lands wherein the work was performed.
[Ord. No. 2567 § 1; Ord. No. 2612, § 1; Ord. No. 2594, § 1; Ord.
No. 2622, § 1; Ord. No.
2633, § 1; Ord. No. 2766, § 1; Ord. No. 2839-12; Ord. No. 2867-12]
a.
Residential Structures.
1.
Main Entrance.
(a)
In the R-A and R-C Zones, the entire main entrance wall of all
residential structures shall face the approved street upon which they
are located, and shall have an articulated facade and architectural
setback sufficient to mitigate the bulk and size of the building.
(b)
In the R-B Zone, at least one main entrance of all residential
structures shall face the street upon which it is located. The other
main entrance, if any, shall not be required to face the street upon
which it is located, but the landing and stairs to this entrance shall
be located not less than six feet from any property line.
(c)
In all residential zones, the main entrance door of all residential
structures shall lead only to a walkway, and not directly to a driveway
or off-street parking area.
2.
Building facade shall be consistent with the size, scale, and setbacks
of adjacent buildings, including those where there is an aesthetic
relationship. Any new building or development plan shall not openly
conflict with the dominant design features of the character of the
neighborhood. Continuity shall be achieved through consideration of
elements of facade composition such as fenestration, cornice, soffit
line, and floor-to-floor elevation and the use of related materials;
and by maintaining the roof pitch, continuing a line of street trees,
placement of sidewalks and driveways, and building orientation.
3.
Flat roofs shall not be permitted in the R-A or R-B Zones. All roofs
in the R-A and R-B Zones shall have a minimum 4 1/2 inch on twelve-inch
pitch, with the exception that one-family homes 1 1/2 stories
in height may have a roof up to a minimum 8 1/2 inch on twelve-inch
pitch. Floor space above 2 1/2 stories created by a roof shall
be considered an attic, but not a story. A habitable attic shall constitute
a story only when it has a stairway as a means of access, and when
the ceiling has a height of at least seven feet, six inches above
the attic floor, and is no more than one-third the area of the floor
below. There shall be no plumbing fixtures in the attic.
4.
No residential structure in the R-A and R-B Zones shall be erected
or altered which would result in coverage in excess of 30% of the
entire lot. Open decks in R-A and R-B Zones shall not exceed an area
of 360 square feet. Decks covered with a roof shall be included in
the lot coverage, which shall not exceed 30%. Roofed unenclosed entrance
landings shall not be included in lot coverage. A porch shall be included
in lot coverage.
5.
The front, rear, or side yard setbacks shall be measured from the
cantilevered extension of a residential structure in the R-A and R-B
Zones.
6.
The grades at the four corners of a residential structure in the
R-A and R-B Zones shall not be higher than eight inches above the
adjoining properties at 90° angle to each corner.
7.
Only one electrical and one gas meter shall be permitted for each
dwelling unit in a one- or two-family dwelling.
b.
Nonresidential Structures. Buildings shall be designed so as to prevent
exterior elevations from containing large expanses of blank or featureless
wall on the front, side, and rear elevation where visible. All mechanical
equipment shall be hidden from view from the street by maintaining
such equipment at the rear or on the top of the building.
[Amended 4-11-2023 by Ord. No. 3149-23]
1.
In addition,
structures located in the Business District shall have building facades
consistent in design and color with adjacent buildings and those buildings
where there is an aesthetic relationship. Continuity shall be achieved
through consideration of elements of facade composition such as fenestration,
cornice, soffit line, awnings, signage and facade color, all of which
shall be compatible with adjacent buildings.
2.
In addition,
the facades of structures located in the business district shall be
one solid, neutral color and the color should be limited to: cream,
light to medium beige (tan), light to medium grey. Any facade existing
on the effective date of adoption of this section, which does not
conform to any provision hereof and which has previously been approved
by the Building Department, shall be deemed a nonconforming use and
may be continued. Any legal nonconforming facade of any premises involving
a change in tenancy of said premises, requiring any painting, or involving
a change of appearance, signage, awning, shall revoke the nonconforming
rights. Permits are required from the Building Department before any
painting may be done to the facades of any structures located in the
Business District.
c.
Location and Topographical Survey Required.
1.
For new construction, a foundation location survey showing all building
corners of the foundation shall be submitted to the construction official
after backfill and before framing commences. A land surveyor licensed
in the State of New Jersey shall prepare the survey. The proposed
foundation location as shown on the original plot plan shall also
be shown on the foundation location survey.
2.
The Township of Lyndhurst also requires a topographical survey showing
the height of the built in garage floor (if there is one) and grade
at four corners of the foundation and the average height of the curb
in front of garage. A built in garage floor shall be a minimum of
six inches above the average curb height in front of garage. Compliance
with the applicable requirements contained in this chapter must also
be shown, including those set forth in the definitions of "story above
grade," "basement," "grade plane" and "building height."
[Ord. No. 2067; Ord. No. 2567; Ord. No.
2679, § 2; Ord. No. 2875-12, § 2]
The schedule entitled "Schedule of Regulations" is hereby adopted
and declared to be a part of this zoning chapter, and may be amended
in the same manner as any other part of this zoning chapter. The regulations
listed in the schedule for each district are hereby adopted and prescribed
for such district and unless otherwise indicated, shall be deemed
to be the minimum requirements in every instance of their application.
[1]
Editor’s Note: The Schedule of Regulations is included as an attachment to this chapter.
[Ord. No. 2067; Ord. No. 2567, § 3]
No building shall be erected, altered or expanded on any lot
in any district requiring site plan approval and no building permit
shall be issued in connection with any use of such lot except in accordance
with all the regulations of this section and in accordance with the
site plan for such lot reviewed by the planning board or board of
adjustment as permitted by N.J.S.A. 40:55D-76, in the light of the
standards set forth in this chapter.
[Ord. No. 2067]
Site plan approval shall be required for all uses in all districts
except that no site plan approval shall be required for single-family
and two-family homes, unless attached at the lot line to a building
on an adjacent lot.
In cases where the building permit applied for covers renovations
only without increasing the floor area, affecting the number of dwelling
units, or affecting the off-street parking requirements, the construction
official may waive the full requirements for site plan approval. This
exemption shall not apply to a conditional use application.
[Ord. No. 2067]
Twelve copies of the required plans for site plan approval shall
first be filed with the construction official for review as to compliance
with all provisions of this chapter and all other applicable codes
and regulations. If the application complies with all applicable codes
and regulations other than the Zoning Ordinance, the construction
official shall within five days after receipt of such plans or following
any additional length of time as agreed to by the applicant, file
the site plans with the planning board or the board of adjustment
as the case may be for review and recommendations in the manner set
forth below. The clerk of the building department shall distribute
copies of the plans to the township engineer, planning consultant,
chief fire inspector, traffic safety officer, and for all uses permitted
in the B, M-1, M-2 or CGI zones, to the hazardous chemical control
board. A list of all corrosive, combustible toxic or flammable chemicals
to be used or stored at the site shall accompany plans for uses in
such zones.
[Ord. No. 2067]
In considering and approving the site plan, the municipal agency
shall take into consideration, the public health, safety and general
welfare, the comfort and convenience of the public in general and
the residents of the immediate neighborhood, and shall make any appropriate
conditions and safeguards in harmony with the general purposes and
intent of this chapter and particularly with regard to achieving the
following objectives:
a.
Maximum safety of traffic access and egress, and access by pedestrians
to buildings on the lot.
b.
A site layout which would have no adverse effect upon any adjoining
properties or districts by impairing the established character or
potential use of properties in such districts.
c.
The reasonable screening of all parking and service areas from the
view of adjacent properties and streets;
d.
Conformance of the proposed plan with such portions of master plan
as may be in existence from time to time;
e.
In applicable cases, a drainage system and layout which would afford
the best practical solution to any drainage problems. The municipal
agency shall have the township engineer review and approve the proposed
system and layout.
f.
The display of signs with due regard for public safety and welfare.
g.
The provisions of water lines and facilities for sanitary sewerage
adequate to serve the proposed use and to cause no adverse impact
on existing township facilities as approved by the township engineer.
h.
The effect of the development on surrounding properties.
[Ord. No. 2067]
Upon certification of the planning consultant or secretary of
the municipal agency that the site plans and two sets of preliminary
building plans of the proposed building or structure submitted by
the applicant are complete, the applicant shall be advised as to the
date of the public hearing. Prior to the hearing, the applicant shall
at its own expense cause notice of the hearing to be published in
a newspaper of general circulation in Lyndhurst at least 10 days prior
to the hearing, and shall give personal notice to all owners of property
within 200 feet of the property of the applicant in the same manner
as prescribed in N.J.S.A. 40:55D-12. The site plan of the proposed
development shall be available for study prior to the public hearing
at the office of the planning and zoning boards.
[Ord. No. 2067]
The planning board or board of adjustment, as the case may be,
shall hold a public hearing on the application and upon completion
of the public hearing make a determination on the application.
[Ord. No. 2067]
The municipal agency shall take action on the site plan pursuant
to the N.J.S.A. 40:55D-46(c) and 40:55D-50(b).
[Ord. No. 2067]
The developer shall observe the following standards and principles
in the design of any subdivision or site plan and the municipal agency
and all reviewing agencies and officials shall be guided by these
standards in reviewing any subdivision or site plan.
a.
Off-Street Parking.
1.
The municipal agency shall approve the most appropriate location
on the site for the proposed parking area, in view of the size and
topography of the property, considerations of safety and aesthetics,
the requirement of adequate buffer and the elimination of glare, dust
and noise caused by traffic. There shall be provided for each building
subject to this chapter the number and size of off-street parking
spaces as required by the Zoning Ordinance.
2.
If off-site, off-street parking is contemplated, the municipal agency
shall determine what provisions, if any, are required for the safe
and adequate circulation of pedestrians between the parking area and
the property.
3.
The parking plan shall provide adequate access to and egress from
each parking space and shall provide for safe and adequate circulation
of pedestrians and vehicles. The width of all aisles or driveways
providing direct access to four or more individual parking stalls
shall be in accordance with the following requirements:
|
Parking Angle
(Degrees)
|
Aisle Width
(Feet)
|
|---|---|
|
0° (parallel parking)
|
12
|
|
30°
|
11
|
|
45°
|
13
|
|
60°
|
18
|
|
90° (perpendicular parking)
|
24
|
|
Where possible, only one-way traffic shall be permitted in aisles
or driveways providing direct access to spaces placed at an angle
of other than 90° to the aisles or driveway. Any such aisle or
driveway providing two-way traffic shall be at least 24 feet in width.
|
4.
Off-street parking areas shall be designed to prevent the maneuvering
of vehicles into or out of parking spaces within any portion of an
entrance driveway that is within the right-of-way line of any street.
Off-street parking areas shall be designed so as to avoid the necessity
of vehicles backing onto any street from the site. One-, two- and
three-family dwellings shall be exempt from the provisions of this
paragraph.
5.
Where an off-street parking plan for the site in question is shown
on the Lyndhurst Master Plan, the municipal agency shall require that
the parking plan conform as closely as is practicable to the master
plan. Where immediate conformance is not practicable the municipal
agency shall require that the parking plan be adaptable to future
conformance to the master plan.
b.
Access Driveways.
1.
Driveway Location. All entrance and exit driveways shall be located
so as to afford maximum safety to and minimum disruption of traffic
on the street. Where practicable, no part of any driveway entrance
or exit to a public street shall be closer than 50 feet to the intersection
of the street lot lines of two intersecting streets.
Where the frontage of the lot is too narrow to permit the above
distance, the driveway shall be located as far from the intersection
as possible.
2.
Traffic Signs. To facilitate the safe and efficient movement of traffic
into and out of a site, the municipal agency may require the installation
of specified directional regulatory or advisory signs or pavement
markings at designated locations on the site or on the right-of-way.
Such signs shall be of a size, color and design specified in accordance
with the "Uniform Manual of Traffic Control Devices".
c.
Customer Service Areas. In addition to the parking spaces required under Section 21-8, any use such as a bank or gasoline station that provides or expects to provide temporary stopping space or maneuvering space for vehicles of patrons seeking service while seated in a vehicle, shall show such space on the site plan. A gasoline station shall provide at least two stopping spaces per pump. A bank shall provide at least five stopping spaces per drive-in teller station. All such stopping spaces shall be located so as not to block any entrance or exit driveway, unless such driveway is designed for the exclusive use of cars patronizing a drive-in bank window. Stopping spaces shall be at least 20 feet long and eight feet wide and shall be located entirely within the confines of the lot.
d.
Sidewalks. Sidewalks shall connect the main entrance of each building
with the street or with the interior road giving access to the building.
Interior roads giving access to buildings shall have a sidewalk on
at least one side of such road. Sidewalks shall further be provided
where needed to protect the safety of pedestrians.
e.
Sidewalks in the Street Right-of-Way. In residential zones a sidewalk
of a minimum of 44 inches and a maximum of 52 inches is to be placed
with a minimum distance of three feet between the sidewalk and curb
line or where there are sidewalks already in place on abutting properties,
must conform to same.
f.
Landscaping.
1.
In residential zones the area between the curb line and the sidewalk
area is required to be landscaped with live plant materials and with
a tree planted a minimum of one tree for every 40 feet of lot frontage.
In business or industrial zones a minimum of one tree for every 25
feet of lot frontage is required either in the street right-of-way
or within 10 feet of the right-of-way.
2.
In all districts all areas not utilized for building, parking, loading,
ingress, egress, patios, tennis courts or swimming pools or pedestrian
walkways shall be attractively landscaped with live plant or organic
material.
Existing trees of six inch caliper or over shall not be removed
unless they are so located as to interfere unduly with construction.
No tree, hedge or shrub over three feet in height shall be located
or maintained within a 25 foot radius of a lot corner formed by two
intersecting street lines.
g.
Paving and Curbs. Paving of interior roadways, driveways and sidewalks,
shall be of bituminous concrete or other dustless durable, all-weather
pavement. Curbs shall be concrete and shall be adequate in size and
location to direct surface water runoff away from neighboring properties
and toward approved drainage systems. Construction of all roadways,
driveways, curbs and sidewalks shall be in accordance with any specifications
heretofore or hereafter established for these purposes by or pursuant
to township ordinance. Paved areas within a lot shall be maintained
so as to be free of holes and ruts.
h.
Drainage - Surface Runoff. Provisions shall be made for safe and
adequate drainage of the surface runoff waters in and from the premises
so that flooding and erosion of the development and the property of
others will be prevented.
i.
Sewage Disposal and Water Supply. Provisions shall be made in accordance
with applicable regulations of all boards and bodies with jurisdiction
over the collection and disposal of sewage and the supply of water,
respectively. If the municipal agency deems necessary, approval may
be withheld until the board of health and/or the township engineer
have certified that the sanitary and water supply systems have been
designed to their satisfaction.
j.
Buffer Strips, Fencing and Screening. The site plan shall indicate
buffer strips and planting strips as required by the Zoning Ordinance
of the Township of Lyndhurst as it may be amended from time to time,
or by or pursuant to any other township ordinance. In the event the
municipal agency shall determine that additional buffer strips or
planting strips are required to protect public areas or neighboring
properties from adverse effects of the proposed building or addition,
the agency may require such additional buffer or planting strips.
Provision shall be made for the protection, fencing and screening
of such portions of the property as the municipal agency may deem
necessary for the safety and welfare of those persons most likely
to be exposed to the property.
k.
Garbage and Refuse. Provision shall be made for the indoor or enclosed
storage of garbage and refuse. In multiple dwellings provision shall
be made to conform to Lyndhurst Recycling Program. Sufficient space
in appropriate location must be provided for separation, storage and
pickup of recyclable items.[1]
l.
Outdoor Storage. Outdoor storage, when permitted by the Lyndhurst
Zoning Ordinance or by variance of the board of adjustment, shall
be permitted only in areas of the lot approved by the municipal agency.
Such areas, as nearly as may be practicable, shall be shielded from
public view and protected by adequate fencing or screening.
m.
Retaining Walls. Retaining walls shall be designed to be safe and
adequate for the purpose intended.
n.
Performance Standards. Any use requiring site plan approval shall
conform to the performance standards of the Lyndhurst Zoning Ordinance.
Satisfactory evidence of conformance shall be presented to the municipal
agency with the development application. The agency may obtain expert
advice, at the expense of the applicant, regarding compliance with
the performance standards where there is reasonable doubt that a proposed
development will conform.
o.
Additional Measures. The municipal agency may require provision of
such additional measures as it deems necessary to protect public areas
or neighboring properties from adverse effects of the proposed development
which would be harmful to health, safety, conservation of property
values and general welfare.
[Ord. No. 2067]
Upon approval of the site plan, the municipal agency shall notify
the applicant and the construction official in writing, together with
such recommendations, conditions and limitations as it may be empowered
to suggest or impose by this chapter or under the N.J.S.A. 40:55D-37
et seq.
[Ord. No. 2067]
The conditions of site plan approval shall be transmitted to
the construction official by the municipal agency, and it shall be
their responsibility to see that all conditions of site plan approval
are met.
All site plan details, including building construction, parking
areas, landscaping and screening shall be commenced within one year
from the date of issuance of a building permit. No certificate of
occupancy shall be issued until all site plan approval requirements
have been fully met.
Preliminary and final site plan approval shall expire as provided
by N.J.S.A. 40:55D-49 and 52, unless the applicant seeks and is granted
an extension of time. The applicant whose site plan approval has expired
may resubmit a site plan.
[Ord. No. 2067]
In the event it is determined that the site work to be performed
in order to comply with the requirements of the municipal agency cannot
be completed before the building or buildings are ready for occupancy,
the municipal agency may allow the applicant to post a performance
bond to cover the cost of the work remaining to be done. The amount
of the bond shall be determined by the construction official or township
engineer, as designated by the municipal agency.
[Ord. No. 2067]
In cases where a use requiring site plan approval is located
on a county road, the applicant shall submit the site plan to the
Bergen County Planning Board for approval in conformance with the
county site plan resolution prior to receiving final approval from
the municipal agency.
[Ord. No. 2067]
No building or premises shall be built or erected, nor shall
any building be altered so as to expand its usable floor area, nor
shall the use of any building or premises be expanded unless there
is provided parking space in accordance with the requirements of this
section.
[Ord. No. 2067]
Required spaces shall be computed on the basis of 162 square
feet per space. The dimensions of individual spaces shall be at least
nine feet by 18 feet. When the number of required spaces result in
a fraction the fraction shall require one parking space.
[Ord. No. 2067]
If a use is not listed in subsection 21-8.18 then the number of required off-street parking spaces shall be the number of spaces required for the use which most nearly approximates the proposed use.
[Ord. No. 2067]
All off-street parking areas shall be paved according to specifications
established for this purpose by the township engineer.
[Ord. No. 2067]
[Ord. No. 2067]
All off-street parking spaces within any parking area shall
be clearly marked to show the parking arrangement within the parking
area, and shall be easily accessible.
[Ord. No. 2067]
All lighting for off-street parking areas shall be so arranged
and shielded as to reflect the light downward and prevent any light
from shining directly on adjoining streets, residential zones and
buildings.
[Ord. No. 2067; Ord. No. 2567, § 1]
Off-street parking spaces shall not be located in any required front yard, except for one family and two family homes as permitted by subsection 21-8.14. No off-street parking areas shall be located any closer than five feet to any lot line, except for one or two family dwellings. No tandem parking shall be permitted in the R-A and R-B Residential Zoning Districts.
[Ord. No. 2067]
Unobstructed access to and from a street shall be provided.
No access to a parking lot in a Business or Industrial District shall
be located within a Residential District.
[Ord. No. 2067]
a.
All off-street parking areas which are located in front of a building
other than a one-and-two-family home shall be landscaped with a bordering
hedge, decorative concrete wall, or fence not less than 2 1/2
feet in height.
b.
All parking areas of 15 parking spaces or more shall be landscaped
with a tree for every 15 spaces, and a landscaped island at least
three feet wide separating every 15 spaces.
[Ord. No. 2067; Ord. No. 2567, § 3]
b.
Curb cuts for one, two, and three family dwelling lots shall lead
directly to the driveway and garage.
c.
Except for one, two, three family dwelling lots, access to an egress
from off-street parking areas shall be limited to two driveways for
each frontage of over 100 feet, provided a minimum distance of three
feet shall separate the closest edges of such driveways.
d.
No driveway curb cut shall be closer than 20 feet to the point where
the curb return radius of an intersection meets the curb line of the
street.
e.
No driveway curb cut in the RC, M-1, M-2, or GC-I zone shall be closer
than 10 feet to the side or rear property line.
f.
Widths of driveways and curb cuts shall be limited by the following
schedule:
|
Minimum and Maximum Widths, Driveways and Curb Openings
| ||||
|---|---|---|---|---|
|
Width in Feet
One-Way Operation
|
Width in Feet
Two-Way Operations
| |||
|
Drive
|
Curb Opening
|
Drive
|
Curb Opening
| |
|
1-3 Family Residence:
|
10
|
12
| ||
|
2-Car Attached Garage or in Basement
|
20
|
22
|
N/A
|
N/A
|
|
1-Car Garage
|
10
|
12
|
N/A
|
N/A
|
|
All Other Uses Except One, Two, and Three Family
| ||||
|
Dwellings
|
10-13
|
12-15
|
20-24
|
22-26
|
[Ord. No. 2067]
Entrances or exit drives shall have at least 60 feet of unobstructed
vision in both directions along the street into which the drive enters
measured from the center line of the drive at the point where it enters
the street, and the center line of such drive shall be at least 60
feet from the center line of any street intersecting the street onto
which the drive enters.
[Ord. No. 2067]
Such drives shall have on each side a triangular area formed
by the intersection of the driveway line, the street line and a straight
line adjoining these lines at points 30 feet distant from their point
of intersection. Within such triangular area no parking or loading
or unloading shall be permitted, nor shall there be located therein
any sign, fence, other structure or plant material over 2 1/2
feet in height.
[Ord. No. 2067; Ord. No. 2567, § 1; Ord. No. 2567, § 1]
In a residential districts, unregistered vehicles, commercial
vehicles, automobiles, motor homes, motorcycles, or utility and recreational
trailers, trailers for carting, and trucks over 1 1/2 tons shall
not be parked or left standing or stored in any front yard, side yard,
or rear yard area abutting a street; provided, however, that this
restriction shall not apply to the parking or standing of registered
automobiles or motorcycles on driveways of one family and two family,
or motor home dwellings.
The use of a driveway for the parking of motor vehicles shall
be subject to the following limitations.
a.
Front Yard. The driveway shall consist of an area directly opposite
and adjacent to the front of an attached garage, detached garage,
the extension of the side year into the front yard.
b.
Side Yard of Corner Lots. The driveway shall consist of the area
directly opposite and adjacent to an attached garage, detached garage
or the extension of the rear yard into the side yard which abuts a
street.
[Ord. No. 2067; Ord. No. 2567, § 3]
In residential districts, the following motor vehicles and boats
shall not be parked or left standing in any yard area or on a driveway:
a.
Unregistered motor vehicles of any type or design.
b.
Buses.
c.
Trailers used for dwelling, camping, and carting purposes; motor
homes; trucks over 1 1/2 tons; and boats exceeding 18 feet in
length.
d.
Trucks, meaning every motor vehicle with commercial plates and designed,
used or maintained primarily for the transportation of property in
a business and having a capacity of more than 1,500 pounds; provided,
however, that this restriction shall not apply to trucks being used
in the rendering of services to the premises.
e.
Trailers used for dwelling purposes; camping trailers exceeding 18
feet in length.
f.
Boats of any type or design in excess of 18 feet in length.
[Ord. No. 2067]
Nothing herein shall prohibit the storing or garaging of commercial
vehicles having a capacity of one ton or less in an enclosed garage.
[Ord. No. 2067]
A conditional use may be granted by the municipal agency to
permit certain required off-street parking space to be located elsewhere
than on the same lot with the use to which it is appurtenant, provided
that: all such space, through ownership or permanent easement, shall
be under the control of the owner or operator of the use to which
such space is appurtenant; such space shall not be in a residential
zone and such space shall be not more than 500 feet from the property
to be used.
[Ord. No. 2067; Ord. No. 2679, § 1]
No building or premises shall be used nor shall any building
be built or erected, nor shall any building be altered so as to expand
its usable floor area, unless there is provided parking spaces upon
the same premises upon which the use or structure is located in accordance
with the following schedule:
|
Use
|
Required Number of Parking Spaces
|
|---|---|
|
Single-family dwelling
|
2 spaces
|
|
Two-family dwelling
|
4 spaces[1]
|
|
Multi-family dwelling
|
2 spaces per dwelling unit
|
|
Dwellings with 5 or more units
|
1 visitor space per 5 units
|
|
Retail stores
|
1 space per 200 square feet of sales area (in excess of 1,000
square feet)
|
|
Service establishments
|
1 space per 300 square feet of usable floor area
|
|
Business, professional and governmental offices
|
1 space per 300 square feet of usable floor area
|
|
Banks
|
1 space per 300 square feet of usable floor area
|
|
Eating and drinking establishments
|
1 space per each 3 seats in excess of 10
|
|
Bowling alleys
|
4 parking spaces per alley
|
|
Theaters
|
1 space per each 2 seats
|
|
Meeting rooms, clubs, places of public assembly
|
1 space per 50 square feet of seating area
|
|
House of worship
|
1 space per each 2 seats
|
|
Funeral homes
|
20 spaces per visiting room
|
|
Elementary schools
|
1 space per classroom
|
|
High schools
|
5 spaces per classroom
|
|
Automobile showroom
|
1 space per 800 square feet of usable floor area
|
|
Industrial uses
|
1 space per each 2 employees but not less than 1 space for each
500 square feet of usable floor area
|
|
Warehouses
|
1 space per each 2 employees but not less than 1 space for each
2,000 square feet of floor area
|
|
Motor inns and hotels
|
1 space per unit; plus 1 space for each 2 employees plus space
for meeting rooms and restaurants as provided above
|
|
Uses not listed above
|
According to that category which most nearly approximates the
use
|
|
More than 1 use on a premises
|
The sum of the component requirements
|
|
Amusement arcades
|
3 spaces per electronic game or pinball machine
|
|
Day care center
|
1 space per employee
|
[1]
The parking for more than two motor vehicle in tandem, or
behind one another, shall not be permitted so as to satisfy off-street
parking requirements. This is inclusive of garage parking.
[Ord. No. 2067]
Off-street loading space shall be provided in such amount and
manner that all loading, unloading and maneuvering manner use public
streets, sidewalks or rights-of-way for loading or unloading operations,
other than ingress or egress to the lot.
[Ord. No. 2067]
Off-street loading space shall not be located in the required
front yard.
[Ord. No. 2067]
a.
A non-illuminated real estate sign not more than six feet in area
advertising the sale, rental or lease of only the premises on which
such signs are located are permitted, provided same is set back 10
feet from street lines. Not more than two such signs shall be permitted
per hundred feet of lot frontage.
b.
Political Signs. For each lot, one non-illuminated temporary sign
of not more than 24 square feet in area announcing a political campaign.
Such sign must be removed within 24 hours following the election to
which it pertains.
[Ord. No. 2067]
Permitted in all residential districts:
a.
One name plate with any residential building which shall not: exceed
two square feet in area and shall have only interior illumination
if any.
b.
One bulletin board sign, not exceeding 12 square feet in surface
display area shall be permitted for a house of worship, school or
permitted institutional use provided that if the bulletin board sign
is not attached to the facade of the building, it shall be located
no closer than 10 feet to a street line. Such signs may be illuminated
by backlighting or by direct lighting provided the latter is so screened
that light is not directed or reflected toward any adjacent property.
Any lighting must be white or yellow.
[Ord. No. 2067]
Permitted in R-C: one identification sign for each entrance
to a development, which signs shall not exceed six square feet in
area.
[Ord. No. 2067; Ord. No. 2493, § I; Ord. No. 2567, § 3; Ord.
No. 2760, § 1; Ord. #2897-13]
Permitted in Business District:
a.
Awnings.
[Amended 4-11-2023 by Ord. No. 3149-23]
1.
Awnings shall not project into the public right-of-way.
2.
Waterfall-shaped
awnings are strictly prohibited.
3.
Only one line of lettering shall be permitted which shall be painted
on the lowest 12 inches of the awning and shall not be illuminated.
The lettering shall not exceed 11 inches in height. If a flat board
sign, wall-mounted sign or block lettering is used to advertise a
business, no lettering shall be permitted on that business's awning.
4.
Awnings shall consist of a canvas material. All other materials,
including but not limited to, vinyl, wood or plastic, shall be prohibited.
5.
Awnings and lettering shall each consist of only one solid color.
The colors of the awning shall be limited to black, brown or maroon.
The lettering must be white.
6.
Awnings shall not be illuminated, except that goose lighting above
the awning shall be permitted.
7.
Any new,
replacement or modifications of awnings must be wrapped with canvas
and comply with other provisions herein.
8.
All existing
awnings that become tattered, worn or altered must be replaced, not
rewrapped, unless original awning structure adheres to current standards.
9.
All awnings
on a single building shall be uniform in color. As awnings are altered,
replaced, modified or installed on any building, they shall be of
such color to be uniform with others on the same building.
10.
A change
of business or transfer of business ownership shall require awnings
to be brought into compliance with this chapter.
b.
Window Signs and Covering.
[Amended 4-11-2023 by Ord. No. 3149-23]
1.
Windows
shall not be covered or blocked by any signs or temporary curtains,
blinds or other window treatments.
2.
The total sign area in any one window shall not exceed 10% of the window area in the business district, notwithstanding any provisions to the contrary that may be contained within Chapter 13. Internal illumination of a window sign shall be prohibited. Lights which outline the interior or exterior perimeter of a storefront window or doorway, in whole or in part, are prohibited.
3.
Any window
treatments installed must be properly installed shades with semi-transparency.
4.
Internal
illumination of a window, including, but not limited to, signs in
the window, shall be prohibited.
c.
Wall Mounted Signs.
1.
Wall mounted signs shall be no larger than 24 square feet and shall
not extend beyond the business front to which they are attached.
2.
Wall mounted signs shall be mounted flat onto the building. Painting
of a sign directly on the building shall be prohibited.
3.
Internal illumination of wall signs is prohibited.
4.
Neon framing signs are prohibited.
5.
All wall-mounted
signs or block lettering shall be illuminated with gooseneck lighting
only.
[Added 4-11-2023 by Ord. No. 3149-23]
6.
Block
lettering shall not be back lit or exceed 24 square feet in total
area and shall not extend beyond the business front where such block
lettering is used.
[Added 4-11-2023 by Ord. No. 3149-23]
7.
All wall
-mounted signs shall consist of only one solid color. The color of
the sign shall be limited to black, brown, or maroon. The lettering
must be white.
[Added 4-11-2023 by Ord. No. 3149-23]
8.
If a
business has lettering on its awning, it is not permitted to advertise
on any flat board sign, wall mounted sign or otherwise.
[Added 4-11-2023 by Ord. No. 3149-23]
d.
Freestanding Signs. Where the building is set back from the street
line a distance of 25 feet or more, not more than one freestanding
sign, with a total area of not more than 40 square feet, may be erected.
e.
Closing of Business. All signs shall be removed upon the closing
of the business to which they pertain.
[Ord. No. 2067; Ord. No. 2567, § 3]
Permitted in M-1 and M-2 Districts:
a.
Business signs attached to the main wall of the building, or ground
signs which comply with the setback regulations, and are no more than
15 feet in height. The total permitted surface display area of permitted
signs shall not exceed the square footage figures produced by application
of the following formula (street frontage being expressed here in
linear feet): 0.75 times the total principal street frontage plus
0.30 times the secondary street frontage in the case of a corner lot.
b.
Permitted as a conditional use to be granted by the planning board:
advertising signs. The total permitted surface display area of permitted
signs shall not exceed the square footage figure produced by application
of the following formula (street frontage being expressed here in
linear feet): .5 times the total principal street frontage plus 1.0
times the secondary street frontage in the case of a corner lot; but
in no case larger than 500 square feet in area. The height shall be
not more than .50 times the length of the sign.
Advertising signs shall be limited to the number in existence
on February 13, 1973 and may be replaced or relocated in permitted
district within one year after the sign is destroyed or removed from
the original location.
c.
Freestanding signs shall be permitted as follows:
1.
One freestanding sign, which may have interior lighting, may be erected.
It shall be not more than six feet in height, nor more than six feet
in length and have not more than two sides and be set back at least
1/2 the distance of the required building setback from the street
right-of-way.
2.
Where the building is set back from the street line a distance of
25 feet or more, not more than one freestanding sign with a total
area of not more than 40 square feet may be erected.
[Ord. No. 2067; Ord. No. 2587, § 1]
The following signs shall be prohibited in all zoning districts:
a.
Rooftop signs, and any signs which shall extend above the height
of the roof of the building to which it is attached.
b.
Signs which project over any point of any street or public right-of-way.
c.
Signs illuminated by intermittent rotating or flashing lights, and
no rotating or moving signs shall be permitted.
d.
Signs in which the colors red, green, and amber are used in direct
illumination or high reflection by the use of special preparations
such as fluorescent paint or glass within a radius of 60 feet of any
intersection.
e.
Signs which consist of banners, posters, pennants, ribbons, streamers,
strings of light bulbs, series of lights, neon lights, spinners, freestanding
flexible or rigid pole-type signs ("feather flags") or other similarly
moving devices. These devices when not part of any sign are similarly
prohibited. On the opening of a new business, temporary exterior signage,
including, but not limited to, banners, pennants, ribbons, streamers
or flexible or rigid pole-type signs (" feather flags") may be permitted
for a period not to exceed 30 days.
[Amended 4-11-2023 by Ord. No. 3149-23]
f.
Signs affixed or erected within the public right-of-way of any street,
and no sign shall be located so as to constitute a traffic hazard.
g.
Signs painted on, or affixed to any public building, structure, or
fixture.
h.
Signs printed on or affixed to water towers, storage tanks, smoke
stacks, or similar structures.
i.
Signs placed so as to interfere with or be mistaken for a traffic
light or similar safety device, or which interfere with traffic visibility.
j.
Signs placed, located, or displayed upon any sidewalk, right-of-way,
or passageway.
k.
Off-site signs.
l.
Projecting signs.
m.
Signs on trees or utility poles.
n.
Advertising search lights outside of a building or structure.
o.
Freestanding pole-type signs, except for automotive service stations.
p.
All interior
or exterior LED or neon window wrappings shall be banned immediately
and shall be hereafter prohibited in the Business District.
[Added 4-11-2023 by Ord. No. 3149-23]
q.
Any and
all light-box signs shall be prohibited.
[Added 4-11-2023 by Ord. No. 3149-23]
[Ord. No. 2067; Ord. No. 2587, § 1]
A sign existing on the effective date of adoption of this section[1] which does not conform to any provision thereof, shall
be deemed a nonconforming use and may be continued, maintained, and
repaired upon its present premises, provided that such sign was lawful
under any prior ordinance. Any legal nonconforming sign on any premises
involving a change in tenancy of said premises or involving a change
in the physical appearance of the sign shall revoke the nonconforming
rights as soon as the physical appearance of the sign is changed in
any manner whatsoever. Nothing herein shall be construed to prohibit
the normal maintenance of a legal, nonconforming sign, such as bulb
replacement, painting, or replacement of existing lettering.
[1]
Editor’s Note: Ordinance No. 2587, codified herein,
was adopted January 16, 2007.
[Ord. No. 2067; Ord. No. 2587, § 1]
Any sign unlawful under any prior ordinance shall remain unlawful
unless it complies with the provisions of this chapter. Any new sign
hereafter erected either for a new building or a change in tenancy
of an existing building, shall comply with all of the provisions of
this chapter.
[Ord. No. 2067; Ord. No. 2587, § 1]
If the construction code official determines that any sign has
been erected in such a manner or has deteriorated to such a degree
as to be unsightly or to constitute a hazard to the general public,
it shall be removed or repaired to the satisfaction of the construction
code official within 48 hours after written notice of such condition
has been served upon the owner, owner's agent, lessee, or occupant.
Failure to comply therewith shall be a violation of this zoning code
and subject to its penalties. The construction code official may cause
any sign which is an immediate peril to persons or property to be
removed summarily and without notice.
[Ord. No. 2067; Ord. No. 2515, § I; Ord. No. 2587, § 1; amended 6-13-2023 by Ord. No. 3159-23]
All exterior illuminated signs and window lights shall be extinguished
by 11:00 p.m., or at the close of business, whichever is later.
[Ord. No. 2067]
At the termination of a business, commercial or industrial enterprise,
all signs pertaining thereto shall forthwith be removed from the public
view. Responsibility for violation shall resides with the property
owner, according to the latest official tax rolls listing.
[Added 4-11-2023 by Ord.
No. 3149-23]
a.
No person, entity, business owner, tenant or landlord shall alter,
amend, paint, or otherwise change any facade, awning or sign in the
Business District without first obtaining a permit therefor.
b.
Permits shall be obtained from the Building Department during normal
business hours. Applications for such permits shall be in a form approved
by the Building Department and shall be accompanied swatches and material
samples as requested by the Building Department.
c.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish from its activities.
d.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and sidewalks and shall comply with all lawful directives
issued by the Lyndhurst Police and Fire Departments and with respect
thereto.
e.
The Construction Official/Zoning Officer may refuse to issue a permit
whenever it is determined, on the basis of objective facts that the
application does not comply with the provisions of this chapter.
f.
A $25 fee is due when each application for permit is submitted.
[Added 4-11-2023 by Ord.
No. 3149-23]
a.
If the Construction Official/Zoning Officer finds that any awning,
sign or lighting has been erected in such a manner or has deteriorated
to such a degree as to be unsightly or to constitute a hazard to the
general public, the violation shall be eliminated within 30 days after
written notice unless there is an imminent danger posed by the condition,
which shall be abated within 24 hours of notice.
b.
Any person who shall violate any of the provisions of this section
shall be subject to a fine of at least $100 and not exceeding $1,000
for each and every offense each day said violation occurs or is occurring;
or imprisonment in the county jail for not more than 90 days; or to
a period of community service not exceeding 90 days; or any combination
thereof, at the discretion of the Municipal Court Judge.
[Ord. No. 2067]
A nonconforming use or structure may be continued but shall
not be enlarged or extended. In the event a nonresidential nonconforming
use or structure is partially damaged to an extent less than 50% of
the equalized assessed value of the damaged structure, it may be rebuilt
to the extent which previously existed within one year from the date
of damage. In the event such a use or building is damaged to an extent
greater than 50% it may only be rebuilt upon approval of a use variance
or such other variance as is provided by the Municipal Land Use Act
40:55D-1 et seq. In the case of nonconforming radio transmitters,
these uses may be rebuilt if changes in technology produce a more
advanced type of transmitter provided site plan approval first be
obtained from the planning board.
[Ord. No. 2067]
A nonconforming use discontinued for a period of one year or
changed to a conforming use shall be considered abandoned and such
nonconforming use shall not be reestablished.
[Ord. No. 2067; Ord. #2478]
Normal maintenance and repair, structural alteration, moving,
reconstruction or enlargement of a one and two family home which does
not house a nonconforming use, but is a nonconforming structure as
to the district regulations, is permitted, if the same does not increase
the degree of, or create any new nonconformity with such regulations
in such building.
[Ord. No. 2067]
Any structure or portion thereof declared unsafe by a proper
authority may be restored to a safe condition.
[Ord. No. 2067]
A nonconforming use or structure lawfully under construction
at the time of passage of this chapter, February 13, 1973 which has
any part of the actual structure including footings and foundations
in place, may be completed according to the plans filed with the construction
official at the time of the passage of this chapter or amendment.
[Ord. No. 2067]
In any district in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of this chapter,
a single-family dwelling and customary accessory buildings may be
erected on any single lot of record on July 1, 1988.
A two-family dwelling may be erected on a single lot of record
on July 1, 1988, provided such lot is located in a district which
permits two-family dwellings and further provided that at least 25%
of all other lots fronting on the street upon which the lot fronts,
between intersecting streets, are of lesser width and area than the
average of all substandard lots fronting on the street in question
between intersecting streets. Such lot shall be in separate ownership
and not of continuous frontage with other lots in the same ownership.
This provision shall apply even though such lot fails to meet the
requirements for area or width, or both, that are applicable in the
district, provided that the yard dimensions and other requirements
not involving area or width, or both, of lot shall conform to the
regulations for the district in which such lot is located. Variance
of yard requirements shall be obtained only through action of the
board of adjustment. Sale of nonconforming use is allowed if all provisions
are met.
[Ord. No. 2067]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of public health, safety, morals and general welfare.
[Ord. No. 2067]
This chapter shall be enforced by the construction official
who shall in no case except under a written order of the municipal
agency, issue any permit for the erection or structural alteration
of any building, nor grant any occupancy permit for any building or
land where the proposed erection, structural alteration, or use thereof
would be in violation of any provisions of this chapter. Proof of
all taxes paid, three sets of plans, lot and location of building
staked out prior to beginning construction.
[Ord. No. 2067]
It shall be the duty of the construction official to keep a
record of all applications for permits and a record of all permits
issued, with a notation of all special conditions involved. He shall
file and safely keep copies of all applications, plot plans and other
plans submitted, and the same shall form a part of the records of
his office. These records shall be available for use of all municipal
boards and officials.
[Ord. No. 2067; Ord. No. 2213, § I; Ord. No. 2352, § V]
c.
Site Plan Applications. All applications for site plan approval for
all uses and in all zones shall be $250.
e.
Conditional Uses - $100.
f.
Transcript Costs - full costs.
g.
Transcript Copies - $1 per page.
h.
Publication of Decisions - cost.
i.
Copies of Resolution - $1 per page.
j.
List of Property Owners within 200 feet - $10.
k.
Certificate of Subdivision - $25.
[Ord. No. 2067]
A certificate of occupancy and a certificate of fire code status
shall be obtained from the construction official for any of the following.
a.
Occupancy and use of building hereafter constructed including additions
for commercial, industrial and multi-family structures.
b.
A change in the use of an existing building.
c.
Occupancy and use of vacant land, or change in the use of land except
for any use consisting primarily of tilling the soil.
Certificates of occupancy shall be obtained for each dwelling
unit in a multi-family structure.
d.
Any change of ownership for occupancy of an existing building.
[Ord. No. 2067]
Every application for a certificate of occupancy shall refer
to the building permit issued, or (if none was required) shall set
forth the additional data required in an application for building
permit.
[Ord. No. 2067]
No such occupancy, use or change of use shall take place until
a certificate of occupancy therefore has been issued by the construction
official. No certificate of occupancy shall be issued unless the proposed
occupancy is in full conformity of this chapter.
[Ord. No. 2067]
A certificate of occupancy shall be deemed to authorize, and
is required for, both initial and continued occupancy and use of the
building or land to which it applies, and shall continue in effect
so long as such building and the use thereof or the use of such land
is in full conformity with the provisions of this chapter and any
requirements made pursuant thereto. However, on the serving of notice
of any violation of any of the provisions or requirements with respect
to any building or the use thereof or of land, the certificate of
occupancy for such use shall thereupon, without further action, be
null and void, and a new certificate of occupancy shall be required
for any further use of such building or land.
[Ord. No. 2067]
Duplicate copies of every certificate of occupancy issued hereafter
shall be filed with the town assessor. A record of all certificates
of occupancy shall be kept in the office of the construction official,
and copies shall be furnished, on request, to the zoning board of
adjustment or to any person having any legal interest in the building
or land affected.
[Ord. No. 2067; Ord. No. 2165, § I; Ord. No. 2206, § 1; Ord.
No. 2522, § III; Ord.
No. 2534, § 1; Ord. No.
2567, § 3; Ord. No. 2618, § 1; Ord. No. 2624, § 1; Ord. No. 2679,
§ 1; Ord. No. 2867-12; Ord. No. 2872-12; Ord.
No. 2914-15; amended 11-3-2022 by Ord. No. 3131-22]
a.
General Interpretation. Except where specifically defined herein
all words used in this chapter shall carry their customary meanings.
Words used in the present tense shall include the future; and words
used in the singular number shall include the plural number, and the
plural the singular. The word "shall" is mandatory and not discretionary.
The word "may" is permissive; the word "building" includes all other
structures of every kind regardless of similarity to buildings; and
the phrase "used for" shall include the phrases "intended for", "maintained
for" and "occupied for".
b.
ACCESSORY BUILDING
ACCESSORY USE
ADVERTISING SIGNS
ALTERATIONS
AMUSEMENT ARCADE
ANIMAL HOSPITAL
APPLICANT
APPLICATION FOR DEVELOPMENT
AUTO LAUNDRY
BASEMENT
BEAUTY PARLOR
BLOCK
BOARDER
BODY ART
BODY ART ESTABLISHMENT
BODY PIERCING
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING, DETACHED
BUILDING, FULLY ENCLOSED
BUILDING, PRINCIPAL or PRINCIPAL BUILDING
BULK
BULK, NONCONFORMING
CONDOMINIUM
DAY CARE CENTER
DRIVEWAY
DWELLING
DWELLING UNIT
DWELLING, DETACHED
DWELLING, MULTIPLE-FAMILY or MULTIPLE-FAMILY DWELLING
DWELLING, ONE FAMILY or ONE-FAMILY DWELLING
DWELLING, TWO FAMILY or TWO-FAMILY DWELLING
ELECTRONIC SMOKING DEVICE
FAMILY
FLOOR AREA OF BUILDING
FLOOR AREA RATIO
FOOD ESTABLISHMENT, TAKE OUT
GARAGE, PRIVATE
GARAGE, REPAIR
GARAGE, STORAGE
GARDEN APARTMENT DEVELOPMENT
GASOLINE STATION
GRADE PLANE
HOSPITAL
HOUSEKEEPING UNIT
JUNK YARD
LANDING
LIQUID NICOTINE
LIQUID NICOTINE CARTRIDGE
LIQUID NICOTINE CONTAINER
LOADING SPACE
LOT
LOT LINE, FRONT or FRONT LOT LINE
LOT LINE, REAR or REAR LOT LINE
LOT LINE, SIDE or SIDE LOT LINE
LOT, CORNER
LOT, DEPTH OF
LOT, FRONTAGE
LOT, LINE
LOT, THROUGH
LOT, WIDTH OF or LOT WIDTH
MOTOR VEHICLE, ABANDONED
MUNICIPAL AGENCY
NONBUILDING USE
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSERY SCHOOL
NURSING HOME
OPEN SPACE
PARKING SPACE
PERFORMANCE STANDARD
PERMANENT COSMETICS
PORCH
PREMISES
PROFESSION
RECREATION SPACE
RESTAURANT
RESTAURANT, DRIVE IN
RESTAURANT, TAKE OUT
ROOMER
SERVICE ESTABLISHMENT
SETBACK
SIGN
SIGN, ADVERTISING
SIGN, AREA
SIGN, BUSINESS
SIGN, GROUND
STORY
STORY ABOVE GRADE PLANE
STORY-HALF
STREET
TATTOO or TATTOOING
TOTAL LOT COVERAGE
TRUCK TERMINAL
USE ALLOWED BY RIGHT
USE, PRINCIPAL
USE, PROHIBITED
VAPE SHOP
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. As used in this chapter:
Shall mean a building subordinate to the main building on
a lot the use of which is customarily incidental to the use of the
main building.
Shall mean a use customarily incidental to the principal
use of a building or land, such as the office of a professional person,
a driveway or a parking area.
See Sign, advertising.
Shall mean, as applied to a building or structure, a change
or rearrangement in the structural parts or in the existing facilities
of an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
Shall mean any business that provides for use by the public,
six or more video games, electronic games, pin ball machines, or other
similar type games.
Shall mean any place where animals are offered medical treatment,
boarding, or breeding.
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plot, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant by law.
Shall mean a building or premises where automobiles are washed
either by automatic equipment or by hand.
Shall mean that portion of a building that is partly or completely
below grade plane (see "story above grade plan"). A basement shall
be considered as a full story above grade where the finished surface
of the floor above the basement is more than six feet above the finished
ground level for more than 50% of the total building perimeter. Where
there is a two car garage located in the basement with minimum dimensions
of 22 feet in depth and 26 feet in width, a basement shall be considered
1/2 story. There shall be no installation of walls, berms, fill, or
build-up of soil to reduce the height of the building. From the rear
line of the building the rear yard may be leveled with walls and fill
on both sides and the rear yard thereby splitting the difference equally
in grade.
Shall mean any business providing hair cutting, manicures,
pedicures, facials, or other cosmetic treatments, or tanning salons.
Shall mean an area bounded by streets and streams or township
boundary lines.
Shall mean an individual, other than a domestic employee
or home health caregiver, who is given lodging in a dwelling unit
in exchange for a fee. Ingress and egress to and from the dwelling
unit shall be shared by such individual with the housekeeping unit
residing in the dwelling unit. Sleeping facilities for such individual
shall be located in a room or area within the dwelling unit.
Shall mean the practice of physical body adornment in permitted
establishments by operators utilizing, but not limited to, the following
techniques: (1) body piercing, (2) tattooing, and (3) permanent cosmetics.
Shall mean any place or premises, whether public or private,
temporary or permanent in nature or location, where the practices
of body art, whether or not for profit, are performed.
Shall mean the puncturing or penetration of the skin of a
person using presterilized, single-use needles and the insertion of
presterilized or disinfected jewelry or other adornment thereto in
the opening.
Shall mean any structure built for the support, shelter,
or enclosure of persons, animals, chattels, or movable property of
any kind, and which is permanently affixed to the land.
Shall mean the ratio of the lot area which lies within the
outside lines of the exterior walls of principal buildings on the
lot to the total area of the lot, expressed as a percentage.
Shall mean the vertical distance measured from the top of
the average curb height in front of the building to the highest point
of the roof for flat roofs, to the deck line of mansard roofs, and
to the top of the ridge line for gable, hip, and gambrel roofs.
Shall mean a building surrounded by open space on the same
lot.
Shall mean a building separated on all sides from the adjacent
open space or from other buildings or other structures by a permanent
roof and by exterior or party walls, pierced only by windows and normal
entrance or exit doors.
Shall mean a nonaccessory building in which a principal use
of the lot on which it is located is conducted.
Shall mean the volume and shape of a building or of a nonbuilding
use in relation to lot lines, center lines of streets, other buildings
and all open spaces appurtenant to a building or a nonbuilding use.
Shall mean that part of a building or nonbuilding use which
does not conform to one or more of the applicable bulk regulations
prescribing the maximum floor area ratio, maximum height per foot
of distance from each lot line, length, or height of building or nonbuilding
use, or the minimum lot area per dwelling unit, lot frontage yards,
courts, required spacing between detached buildings on the same lot
and usable open space on the lot for the district in which such building
or nonbuilding use is located.
Shall mean an apartment or townhouse building(s) where each
dwelling unit is individually owned, while common property is collectively
owned and maintained by all residents of the building.
Shall mean any building or part thereof used for the purpose
of care for, supervising or babysitting six or more children at any
given time. This definition shall not apply to any licensed educational
or medical institution.
Shall mean an open area used as a means to provide vehicular
ingress or egress to a property.
Shall mean a building or portion thereof, but not an automobile
house trailer, designed or used exclusively for residential occupancy,
including one and two family dwellings, and multiple family dwellings,
but not including hotels.
Shall mean living quarters for one housekeeping unit and
up to two boarders or roomers. A dwelling shall be self-contained
and shall not require the use of outside stairs or common hallways
passing through another dwelling unit or other indirect route(s) for
access to any portion of the dwelling unit, nor shall there be shared
facilities with another housekeeping unit.
Shall mean a building physically detached from other buildings
or portions of buildings, which is occupied or intended to be occupied
for residential purposes by one housekeeping unit.
Shall mean a building, or portion thereof, containing three
or more dwelling units.
Shall mean a detached dwelling containing one dwelling unit.
Shall mean a dwelling containing two dwelling units.
shall mean a device that can be used to deliver aerosolized
or vaporized nicotine to the person inhaling from the device, including,
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah.
Electronic Smoking Device includes any component, part or accessory
for such a device, whether or not sold separately and includes any
substance intended to be aerosolized or vaporized during the use of
the device.
[Added 11-3-2022 by Ord. No. 3131-22]
Shall mean one or more persons, including domestic employees,
occupying a dwelling unit and living as a single housekeeping unit.
Shall mean the sum of the gross horizontal areas of the several
floors of the building and its accessory buildings on the same lot.
The floor area shall include kitchens, closets, bathrooms, basements,
hallways, and areas of enclosed roofed porches, terraces, and any
other habitable space within the dwelling unit in addition to the
area of all other rooms within the dwelling unit. In residential buildings,
the areas of an attached garage, cellar, or uncovered patio and decks
are excluded. All dimensions shall be measured between the exterior
faces of walls.
Shall mean the floor area of all buildings on a lot, divided
by the area of such lot.
Shall mean any business primarily (50% or more in customer
volume) engaged in preparation and/or sale of prepared meals for walk-in
or delivery take-outs. This definition will include, but not be limited
to, the following businesses: pizza parlors, sub shops, ice cream
or cappuccino parlors, or businesses offering other types of American
or other ethnic prepared meals for sale. This definition does not
include those businesses where take out meal service is ancillary
to the primary business, or businesses which sell food products but
not prepared meals, such as: supermarkets, delicatessens, bakeries
and butchers.
Shall mean an enclosed space for the storage of one or more
motor vehicles, provided that no business, occupation or service is
conducted for profit therein nor space therein for more than one car
is rented to a non-resident of the premises.
Shall mean an enclosed space other than a private garage,
available to the public, operated for gain and which is used for repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles.
Shall mean a garage available to the public, operated for
gain, used for storage of motor vehicles.
Shall mean a development containing two or more multiple
family dwelling structures on the same lot or parcel of land.
Shall mean an area of land including structures thereon which
is used for the retail sale and direct delivery to motor vehicles
of gasoline and lubricating oil and may include in the building facilities
for lubricating, washing or otherwise servicing of vehicles but not
to include auto body work, nor welding, nor painting, nor the repairing
in any manner of buses or of trucks of 1 1/2 ton capacity or
more, nor the renting of cars, trailers or trucks.
Shall mean a reference plane representing the average of
finished ground level adjoining the building at exterior walls. Where
the finished ground level slopes away from the exterior walls, the
reference plane shall be established by the lowest points within the
area between the building and the lot line or, where the lot line
is more than six feet from the building, between the building and
a point six feet from the building.
Shall mean a facility for general medical and surgical treatment
of patients, for in-hospital or out-patient care, but not to include
treatment for drug addiction, alcoholism, mental health disturbances.
Anything inconsistent with this definition will not be considered
a permitted hospital use.
Shall mean one or more persons living together in one dwelling
unit on a nonseasonal basis and sharing living, sleeping, cooking
and sanitary facilities on a nonprofit basis.
Shall mean the use of more than 100 square feet of open area
of any lot for the deposit, collection, storage, keeping or abandonment
of wrecked or inoperative automobiles or other vehicles or parts thereof,
waste paper rags, sheet metal, used building materials, house furnishings,
machinery or other scrap materials or junk.
Shall mean the floor at the head or foot of a flight of stairs
or a platform between flights of stairs, which shall not exceed 10
feet in length across the front of a residential structure and 50
square feet in area. In the event that such dimensions are exceeded,
such floor shall be deemed to be a porch.
Shall mean any solution containing nicotine, which is designed
or sold for use with an electronic smoking device.
[Added 11-3-2022 by Ord. No. 3131-22]
Means a liquid nicotine container that is prefilled with
Liquid Nicotine and sealed by the manufacturer with the seal remaining
permanently intact through retail purchase and use.
[Added 11-3-2022 by Ord. No. 3131-22]
Shall mean a bottle or other container of a liquid, wax or
gel, or other substance containing nicotine, where the liquid or other
contained substance is sold, marketed, or intended for use in an electronic
smoking device.
[Added 11-3-2022 by Ord. No. 3131-22]
Shall mean any off-street space not less than 10 feet wide
and 25 feet long, surfaced to be available in all weather, suitable
for the loading or unloading of goods, and having direct access to
a street.
Shall mean one or more contiguous parcels of land united
by a common interest or use considered as a unit, occupied or designed
to be occupied by a principal building or use and its accessory buildings
and uses, if any, including the open spaces of such unit of land.
It may or may not coincide with the deed description thereof or the
tax boundaries of the same as shown on the tax assessment map of the
township or a map filed for record or otherwise.
Shall mean that boundary of a lot which is along an existing
or dedicated public street, or where no public streets exist is along
a public way. The owner of a corner lot may select either street lot
line as the front lot line.
Shall mean that boundary of a lot which is most distant from
and is or is most nearly parallel to, the front lot line.
Shall mean any boundary of a lot which is not a front lot
line or a rear lot line.
Shall mean a parcel of land two or more boundary lines of
which are coincident with street lines which form an interior angle
with each other.
Shall mean the mean horizontal distance between the front
and rear lot lines.
Shall mean the horizontal distance measured along the full
length of the front lot line.
Shall mean a boundary line of a lot.
Shall mean a lot which runs from one street to another.
Shall mean the straight line distance between points on opposite
side lot lines where the boundary between the front yard and the side
yards meet the side lot lines.
See the Property Maintenance Code.
Shall mean either the planning board or board of adjustment
as the case may be as determined by the applicable powers granted
by the Municipal Land Use Act N.J.S.A. 40:55D-1 et seq.
Shall mean a use generally a principal use land, to which
the buildings on the lot, if any are accessory, such as an advertising
sign, trailer camp, or an open storage yard for materials or equipment
and on which the buildings, if any, may be used (a) for processing
the materials stored in such yard (b) for storage of the more valuable
equipment and materials than that generally stored in the open, or
(c) as an office or place of shelter for the keeper of the yard.
Shall mean a structure which conforms to the use regulations
of this chapter but which violates one or more of the applicable bulk
regulations; also a structure which occupies a lot which does not
meet one or more of the requirements regarding off-street parking
or loading, fences, walls or signs.
Shall mean any use of land, buildings or structures which
does not comply with all of the regulations of the chapter governing
use for the zoning district in which such use is located.
See Day Care Center.
Shall mean a facility for medical or convalescent care or
for long-term care of chronically ill patients but not to include
treatment for drug addiction, alcoholism, or mental health disturbances.
Shall mean an open space area within the development designed
and intended for the use or enjoyment of the residents of the development
and including such complimentary structures and improvements such
as recreation facilities or open shelter buildings as are appropriate
for the use or enjoyment of residents of the development.
Shall mean an off-street space accessible and available for
the parking of one motor vehicle and having dimensions of at least
nine feet by 20 feet; in computing the number of spaces in any given
parking area a total of 300 square feet inclusive of passageways and
aisles shall be used.
Shall mean a criterion established to control noise, order,
smoke, toxin or noxious matter, vibration, fire and explosive hazards
and glare or heat generated by or inherent in uses of land or buildings.
Shall mean the implanting of inert pigments, colors and/or
dyes intradermally which results in a permanent alteration of tissue
to gain a cosmetic effect. Permanent cosmetics is also known as "micro-pigmentation"
or "dermal pigmentation."
Shall mean a roofed open area which may be screened, attached
or part of and with direct access to or from a building. It ceases
to be a porch and becomes a room when the space is enclosed and heated
or air conditioned, and when the percentage of window area to wall
area is less than 50%.
Shall mean the lot, and any structures thereon, on, or in
which the subject use is situated.
Shall mean and include the following: architect, artist,
accountant, dentist, surgeon or physician, engineer, land surveyor,
lawyer, musician, real estate or insurance agent or broker.
Shall mean an outdoor space specifically designated for recreation
use. This space shall not have any other uses, such as parking, or
refuse storage. The space shall be open with a lawn surface.
Shall mean an establishment preparing and serving food for
consumption within the building in which the food is prepared.
Shall mean an establishment serving food to persons outside
the building in which the food is prepared and/or providing tables,
benches or automobile parking space where food may be eaten outside
such building.
Shall mean an establishment preparing food for retail sale
on the premises but for consumption off the premises, includes delicatessens,
shops preparing ice-cream on the premises, bakeries, confectioneries,
pizza shops and similar shops where at least 90% of the food prepared
is sold at retail and not for resale.
See Boarder.
Shall mean a business establishment conducted to render a
personal service including shoe repair shops, beauty shops, barber
shops or conducted to render a household service including the repair
of watches, clocks, furniture, radios, television sets and other household
appliances, but not including the repair of furnaces and boilers,
refrigerators, air conditioners and other articles of similar bulk
and weight, or to render a business service such as photocopying or
photography but excluding printing establishments except those in
which no individual motor exceeds 10 horsepower.
Shall mean the distance from the property line to the nearest
projection of any building. The front, interior, side and rear setbacks
shall be measured from the front, interior side, corner side and rear
lot lines respectively.
Shall mean any structure or part thereof or device attached
thereto or painted or represented thereon which shall display or include
any letter, work, model banner, flag, pennant, insignia device or
representation used as, or which is in the nature of an announcement,
direction or advertisement.
The word "sign" includes the word "billboard," but does not
include the flag, pennant or insignia of any nation, state, city or
other political unit, or of any political, educational, charitable,
philanthropic, civic, professional, religious or like campaign, drive,
movement or event.
Shall mean a sign which directs attention to a business,
commodity, service or entertainment conducted, sold or offered elsewhere
than on the premises and only incidentally on the premises if at all.
Shall mean the area within the shortest line that can be
drawn around the outside perimeter of a sign including all decorations
but excluding supports, if any, unless the supports are illuminated.
In computing the area of a sign, the area of all faces of such sign
shall be included.
Shall mean a sign which directs attention to a business or
profession conducted on the premises.
Shall mean a sign fixed to or located on the ground rather
than attached to a building.
Shall mean that portion of a building included between the
surface of any floor and the surface of the floor next above, or if
there is no floor above, the space between the floor and the ceiling
next above.
Shall mean any story having its finished floor surface entirely
above grade plane, except that a basement shall be considered as a
story above grade plane where the finished surface of the floor above
the basement is more than six feet above the finished ground level
for more than 50% of the total building perimeter.
Shall mean that portion of a building situated above a full
story and having at least two opposite exterior walls meeting a sloping
roof at a level not higher above the floor than a distance equal to
one-half the floor to ceiling height of the story below.
Shall mean an existing state, county or municipal road, or
a street shown upon a plat approved by the planning board of the township
or a street on a plat duly filed and recorded in the office of the
county clerk prior to the creation of such planning board and the
grant to such planning board of the power to approve plats.
Shall mean any method of placing ink or other inert pigment
into or under the skin or mucosa by the aid of needles or any other
instrument used to puncture the skin, resulting in permanent coloration
of the skin or mucosa. This includes all forms of permanent cosmetics.
Shall mean the building coverage and the ratio of the lot
area, which is covered by accessory buildings, patios, in ground swimming
pools, driveways, sidewalks, roofed or enclosed decks and porches
expressed as a percentage. Above ground swimming pools and unenclosed
or unroofed decks shall not be included in the total lot coverage.
[Ord. No. 2914-15]
Shall mean any lot or premises used for a business, the primary
purpose of which is the transfer and shipping of goods and/or materials.
Shall mean any use designated as "allowed by right" in this
chapter shall be permitted and all required certificates and permits
shall be issued without any administrative discretion on the part
of any elected or appointed official or duly constituted board provided
the use complies with all requirements of this chapter.
Shall mean the specific purpose for which land or a building
is designed, arranged, intended, or for which it is or may be occupied
or maintained.
Shall mean a use not permitted within a district. The listing
of certain uses as specifically prohibited reiterates the prohibition
regarding those particular uses to avoid doubt and confusion.
Shall mean any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of electronic smoking
devices, liquid nicotine containers, liquid nicotine, liquid nicotine
cartridges, CDB products, vapor products, smoke products or aerosol
products as defined by N.J.S.A. 26:3D-57 and N.J.S.A. 2A:170-51.9(a)(2).
[Added 11-3-2022 by Ord. No. 3131-22]
Shall mean the space on a lot extended along a lot line between
such lot line and a principal building or buildings, or nonbuilding
use occupying such lot.
Shall mean a yard extending the full width of the lot and
situated between the street line and the front line of the building
projected to side lines of the lot. The depth of the front yard shall
be measured between the front line of the building and the street
line. Covered porches whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required
front yard.
Shall mean a yard extending the full width of the lot and
situated between the rear line of the building and the rear line of
the lot.
Shall mean a yard situated between the building on the side
line of the lot and extending from the front yard to the rear yard.
[Ord. No. 2067]
The board of commissioners may, by ordinance, amend, change,
and modify or repeal regulations, limitations, restrictions or boundaries
of districts herein contained on its own motion, upon resolution of
the planning board or on petition, in accordance with the regulations
set forth below and in accordance with the provisions of the Municipal
Land Use Law N.J.S.A. 40:55D-1 et seq.
[Ord. No. 2067]
Petitions to amend this chapter shall be made on forms prescribed
by the board of commissioners. Every such petition shall be accompanied
by a map showing the area for which the change is asked and all immediately
abutting property and uses thereof. Such petition shall state the
details of the proposed change in regulations or districts and the
reasons advanced by support thereof. The petition is to be signed
by a minimum of 20% of the property owners whose land is the subject
of the petition.
[Ord. No. 2067]
When such amendment is requested either by petition or by resolution
of the planning board, the board of commissioners shall either deny
such request or introduce the necessary amending ordinance within
60 days after the filing of such resolution or petition with the township
clerk.
[Ord. No. 2067]
A public hearing after notice, as required by law, shall be
held on all proposals to amend this chapter. All parties in interest
and all citizens shall be given an opportunity to be heard.
[Ord. No. 2067]
Prior to such hearing the proposed amendment shall be referred
to the planning board which shall report thereon within 30 days after
receiving such request. The report shall be read at the public hearing.
If the planning board requests such amendment by resolution, the board
may subject this report to the board of commissioners simultaneously
with its resolution requesting such amendment.
[Ord. No. 2067]
In its report the planning board shall give due consideration
to the following:
a.
Whether the proposed amendment is consistent with the aims of the
master plan.
b.
If it is not consistent with the master plan, the effect of change
upon the pattern of land use population distribution as set forth
in the plan.
c.
If the proposed change will affect land adjacent to the township
boundaries, the effect of such change upon the adjoining municipality.
[Ord. No. 2067]
Should any proposed amendment consist of or include:
a.
Any change in the boundaries of any district, which change would
occur within a distance of 200 feet of the boundary of any other municipality;
or
b.
Any change in the regulations prescribed for any district any portion
of which is located within 500 feet of such boundaries, then the township
clerk shall transmit to the municipal clerk of such other municipality
a copy of the official notice of the public hearing thereon not later
than the day after such notice appears in the official newspaper of
the township. Failure of the township clerk to give such notice to
another municipality shall invalidate the procedure only if the proposed
amendment is adopted.
[Ord. No. 2067]
Should any proposed amendment consist of or include the following.
a.
Lands adjoining county roads or other county lands;
b.
Lands lying within 200 feet of a municipal boundary;
c.
Lands lying within 200 feet of proposed facilities or public lands
shown on the county master plan or official county map, then the township
clerk shall give notice to the county planning board at least 10 days
prior to the public hearing thereon by personal delivery or certified
mail of the official notice of the public hearing together with a
copy of the proposed ordinance.
[Ord. No. 2067]
If the planning board unfavorably reports on such change or
if the owners of 20% or more either of the area of the lots or land
included in such proposed change, or of the lots or land within 100
feet of the rear thereof, or of the lots or land within 100 feet on
either side or directly across the street therefrom within 100 feet,
exclusive of street space, protest in writing such amendment shall
not become effective except by favorable vote of two-thirds of all
members of the board of commissioners.
[Ord. No. 2067]
All applications must be reviewed by the fire official, police
department, township planner, township engineer, and, if applicable,
the hazardous chemical control board prior to final consideration
by any municipal agency.
[Ord. No. 2067]
For each and every violation of any provision of this chapter the owner, contractor or other person interested as general agent, architect, building contractor, owner, tenant, or any other persons who commit, take part, or assist in any violation of this chapter or who maintain any building or premises of uses of any land in violation of this chapter shall for each and every violation be liable to the penalty stated in Chapter 3, § 3-1. There will be five days' written notice, $200 fine, or 90 days imprisonment, or both for each violation.
[Ord. No. 2067]
Where the provisions of this chapter are less restrictive than
the regulations as laid down in the Sanitary Code, Building Code,
or other ordinances of the township the more restrictive provisions
of such code or ordinance shall remain in effect.
[Ord. No. 2067]
Ordinance No. 1564 entitled "An Ordinance Establishing a Comprehensive Zoning Plan and Map for the Township of Lyndhurst, County of Bergen, State of New Jersey Through and by the Division of Territory Thereof into Various Districts and Prescribing Certain Regulations and Restrictions Concerning the Use of Lands and the Locations and Use of Buildings, Trades and Industries for Each of Said Districts" as amended and supplemented and contained in the Revised General Ordinances of the Township of Lyndhurst as Chapter 21, in accordance with Chapter 291, Laws of New Jersey 1975, and to serve as an interim ordinance as required by law to be reviewed, revised and codified in substantial conformance with the master plan of the township within one year from the date hereof, as amended and supplemented is hereby saved from repeal and adopted, established and confirmed as an ordinance of the township to serve as an interim ordinance as required by law to be reviewed, revised and codified in substantial conformance with the master plan of the township within one year from the date hereof.
[Ord. No. 2067]
The following term shall have the meanings indicated:
Shall mean any apparatus, building or structure which is
designed for the purpose of receiving and/or transmitting television,
radio, microwave, satellite or similar signals in connection with
what are commonly referred to as "dish-type antennas."
[Ord. No. 2067]
The provisions of this section shall be administered by the
construction official of the Township of Lyndhurst.
[Ord. No. 2067]
a.
Any property owner or person or entity in possession of property
shall submit to the construction official, prior to the placement
of a satellite earth station, a plan showing the size of the satellite
earth station, the proposed location of the same on the subject premises
and such other information as may be required herein.
b.
The construction official shall review the plan and render a decision
within 20 days of the submission of plan or within such further time
as may be consented to by the property owner or person in possession
of property.
[Ord. No. 2067]
The plan shall be drawn on a map to a scale no smaller than
one inch equals 40 feet and not larger than one inch equals 10 feet
and shall include and show the following information:
a.
The name and address of the applicant and the owner and the name,
address and the title of the person or entity preparing the plan and
accompanying data, the date of preparation and the dates of each revision,
where applicable.
b.
An appropriate place for the signature of the construction official.
c.
The lot(s) and block number of the lot(s) from the township tax map
and the length and bearings of the lot lines of the proposed project.
d.
The location, names and pavement and right-of-way width of all existing
and proposed streets abutting the lot or lots in question, the property
lines of all abutting properties together with the names and addresses
as disclosed on the township tax map and the tax rolls as of the date
of the application, and the location of existing buildings within
200 feet of the site in question.
e.
All existing buildings and structures and all accessory buildings
and structures on the lot, if any, with dimensions showing present
and finished grade elevations at all corners.
f.
All existing and proposed setback dimensions and landscape areas.
g.
Existing and proposed plantings to provide screening as required
by this section.
h.
Any and all other information necessary to meet any of the requirements
of this section not listed above.
[Ord. No. 2067]
a.
The diameter of satellite earth station antennas (parabolic dishes)
shall not be greater than six feet, 1 1/2 inches.
b.
The maximum height of antennas and mounting structures, measured
vertically from the highest point of the antennas when positioned
for operation, shall not be greater than 14 feet above the ground.
c.
In R-A, R-B and R-C Zoning Districts, satellite earth stations shall
only be installed on ground level.
d.
No ground level satellite earth station shall be closer at any point
than 13 feet to any side property line and no closer at any point
than 20 feet to any rear property line.
e.
Ground level satellite earth stations shall be located in the rear
yard only.
f.
Satellite earth stations that are installed other than in R-A, R-B
and R-C Zoning Districts, shall be so installed as to not exceed the
district height limitation, and any such installation shall be completed
with appropriate architectural screening.
g.
Every satellite earth station shall be effectively screened by a
special planting screen or fence, as approved by the construction
official, which shall be maintained in good condition so that said
satellite earth station shall not be readily visible from ground level
of any adjacent property or public street.
h.
Power control and signal cables from or to the satellite earth station
shall be underground and installed in accordance with the appropriate
building code, if any.
[Ord. No. 2067]
The application fee for a permit to install a satellite earth
station shall be in accordance with the township ordinance. In addition,
the construction official may, in his discretion, require the deposit
of a sum not to exceed $750 to cover the cost of review sources deemed
necessary by the construction official, such as the township engineer,
township attorney or other township personnel. The treasurer shall
place the deposit in a trust account and shall charge all disbursements
for said review services. Any unused portion of the deposit shall
be returned to the applicant. If the cost of review services exceeds
the amount of the deposit, sufficient additional funds shall be deposited
before any permit shall be issued.
[Ord. No. 2067]
Any person who violates any provision of this section shall,
for each and every violation thereof and for each and every day that
the violation continues to be in existence, be subject to a fine of
not more than $200 per violation at the discretion of the Municipal
Court Judge of the Township of Lyndhurst.
[Ord. No. 2067]
The construction official of the Township of Lyndhurst is hereby
designated as the public officer charged with the enforcement of the
terms of this section. All complaints for alleged violation of any
of the terms of this section shall be submitted, in writing, to said
construction official.
[Ord. #2143, § I]
The storage, handling or use of propane gas in aboveground or
underground tanks, cylinders, containers or in vessels having an individual
capacity greater than 35 pounds or 10 gallons is prohibited in all
Township of Lyndhurst zones, except as set forth in this section hereinafter.
[Ord. No. 2143, § II]
a.
It is the expressed intention of this section that propane gas utilized
by servicemen, contractors, or households (barbecues or recreational
use) is permissible in all zones, without the necessity of obtaining
a permit, as long as the individual propane gas capacity is less than
35 pounds or less than 10 gallons. However, service-men, contractors
or households who utilize propane gas by tank, cylinders, containers,
vessels or equipment having individual capacity greater than 35 pounds
or 10 gallons as part of their day to day servicing or household needs
must apply to the fire official for a permit for the use of the propane
gas in question. The permit requirements must require, but are not
limited to, that the propane gas in question be kept a safe distance
from the home or structure being repaired, that the propane tank is
securely fastened, and that all other reasonable safety requirements
of the fire official are met.
[Ord. No. 2143, § III]
Should any article, subsection, paragraph, sentence, clause
or phrase of this section be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
article, subsection, paragraph, sentence, clause or phrase thereof
directly involved in the controversy in which said judgment shall
have been rendered.
[Ord. No. 2143, § IV]
All ordinances or parts of ordinances presently in effect in the Township of Lyndhurst except those mentioned in subsection 21-18.3 (Ordinance No. 2033 and Ordinance No. 1874[1]) which are inconsistent with or in conflict with this
section are hereby repealed to the extent of any inconsistency and/or
conflict.
[Ord. No. 2143, § V]
This section shall take effect immediately upon the final passage
and publication according to the Municipal Land Use Act.
[Ord. No. 2143, § VI]
Any violation of this section shall be subject to a fine and penalties as set forth in the Lyndhurst Zoning Code subsection 21-17.7. This section does not limit possible fine or penalties under the Bureau of Fire Safety Regulations which are separate and distinct from the above mentioned zoning fines and/or penalties.
[Ord. No. 2546, § 1]
a.
The purpose of this section is to establish general guidelines for
the siting of wireless communications towers and antennas. The goals
of this section are to:
1.
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
2.
Require the location of towers in nonresidential zones;
3.
Minimize the total number of towers throughout the community;
4.
Require the joint use of new and existing tower sites as a primary
option rather than construction of additional single-use towers;
5.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
6.
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques;
7.
Enable the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
8.
Consider the public health and safety of communication towers, as
appropriate; and
9.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
b.
In furtherance of these goals, the Township of Lyndhurst shall give
due consideration to the Township's Master Plan, Zoning Map, existing
land uses and environmentally sensitive areas in approving sites for
the location of towers and antennas.
[Ord. No. 2546, § 1]
As used in this section, the following terms shall have the
meanings set forth below:
Shall mean man-made trees, clock towers, bell steeples, light
poles, and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
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, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals, or other communication signals.
Shall mean the lines that connect a provider's towers/cell
sites to one or more cellular telephone switching offices and/or long
distance providers, or the public switched telephone network.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean, when referring to a tower or other structure,
the distance measured from the lowest finished grade of the parcel
to the highest point on the tower or other structure, including the
base pad and any antenna.
Shall mean any tower or antenna for which a building permit
or conditional use permit has been properly issued prior to the effective
date of this section,[1] including permitted towers or antennas that have not yet
been constructed so long as such approval is current and not expired.
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for telephone,
television, radio, and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
Shall mean any personal wireless services as defined in the
Federal Telecommunications Act of 1966 which includes FCC licensed
commercial wireless telecommunications services, including cellular,
personal communications services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), paging, and similar services
that currently exist or that may in the future be developed. It does
not include any amateur radio facility that is owned and operated
by a federally licensed amateur radio station operator or is exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
[1]
Editor’s Note: Ordinance No. 2546, codified herein,
was adopted December 20, 2005.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
b.
Amateur Radio Station Operators/Receive Only Antennas. This section
shall not govern any tower or the installation of any antenna that
is under 50 feet in height and is owned and operated or is used exclusively
for receive-only antennas. Applications for towers under this section
shall be received and approved by the planning board.
c.
Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsection 21-19.4, absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.
d.
AM Array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array, subject to the review of the planning board to ensure
that the additional units do not violate any provisions of the Township
of Lyndhurst Zoning Code.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
a.
Principal or Accessory Use. Antenna and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
b.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with zone development regulations, including
but not limited to setback requirements, the dimensions of the entire
lot shall control even though the antennas or towers may be located
on leased parcels within such lot.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the township engineer an inventory of its existing
towers, antennas, or sites approved for the towers or antennas, as
well as all sites where an application is pending, that are either
within the jurisdiction of the Township of Lyndhurst or within five
miles of the border thereof, including specific information about
the location, height, and design of each tower. The township engineer
may share such information with other applicants applying for administrative
approvals or permits under this section or other organizations seeking
to locate antennas within the jurisdiction of the Township of Lyndhurst;
provided, however, that the township engineer is not, by sharing such
information, in any way representing or warranting that such sites
are available or suitable.
d.
Aesthetics. Towers and antennas shall meet the following requirements:
1.
Towers shall maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color so as
to reduce the visual obtrusiveness. Monopoles may include a design
commonly referred to as a "monopole tree" to provide camouflaging.
2.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
3.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
e.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least amount
of disturbances to the surrounding views.
f.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within 120 days of the effective date of
such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
g.
Building Codes; Safety Standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state, local,
and appropriate industry building codes. If, upon inspection, the
Township of Lyndhurst concludes that a tower fails to comply with
such codes and standards and constitutes a danger to persons or property,
then, upon notice being provided to the owner of the tower, the owner
shall have 30 days to bring such tower into compliance with such standards.
Failure to bring such tower in compliance within said 30 days shall
constitute grounds for removal of the tower or antenna at the owner's
expense.
h.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Township of Lyndhurst irrespective of municipal and county jurisdictional
boundaries.
i.
Not Essential Services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities or private utilities, unless
mandated by federal or state law.
j.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Township of Lyndhurst have
been obtained and shall file a copy of all required franchises with
the Township of Lyndhurst.
k.
Public Notice and Hearing. For purposes of this section, any conditional use request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection 21-19.6b5(b), Table 2, in addition to any notice otherwise required by the Zoning Ordinance. A public hearing must be held before the Lyndhurst Planning Board for all conditional use requests under this section.
l.
Signs. No signs or advertisements shall be allowed on an antenna
or tower.
m.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 21-19.7.
n.
Multiple Antenna/Tower Plan. The Township of Lyndhurst encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
a.
Conditional Uses. The following are specifically permitted as conditional
uses: tower or antennas, including the placement of additional buildings
or other supporting equipment used in connection with said tower or
antenna in the Light Industrial (M-1), Heavy Industrial (M-2), and
Commercial-General Industrial (C-GI). A tower or antenna, including
the placement of additional buildings or other supporting equipment
used in connection with said tower or antenna, in the Business (B)
District are also permitted as conditional uses.
b.
Prohibited Uses. Towers and antennas are prohibited in any residential
district. No towers or antennas shall be permitted on any recreational
facilities, parks, passive parks or areas set aside as green acre
areas by the Township of Lyndhurst. No towers or antennas shall be
permitted on any property in which a public or private school is located
or on which a church is located.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
a.
General. The following provisions shall govern the issuance of conditional
use permits for towers or antennas by the planning board.
1.
A conditional use permit shall be required for the construction of
a tower or the placement of an antenna in designated zoning districts.
2.
Applications for conditional use permits under this section shall be subject to the procedures and requirements of subsection 21-5.1 of the Township Code, except as modified in this section.
3.
In granting a conditional use permit, the planning board may impose
conditions to the extent the planning board concludes such conditions
are necessary to minimize any adverse effect of the proposed tower
on adjoining properties.
4.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by a licensed
professional engineer.
5.
An applicant for a conditional use permit shall submit the information
described in this subsection and a nonrefundable application fee and
an escrow deposit as required by the Township Code for conditional
use applications.
b.
Towers.
1.
Information Required. In addition to any information required for applications for conditional use permits pursuant to subsection 21-5.1 of the Township Code, applicants for a conditional use permit for a tower shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to the other municipalities), master plan classification of the site and all properties within the applicable separation distances set forth in subsection 21-19.6b5, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the township engineer to be necessary to assess compliance with this section.
(b)
Legal description of the entire tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 21-19.4c shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, and
the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers,
other structures, or alternative technology not requiring the use
of towers or structures to furnish the services to be provided through
the use of the proposed new tower.
(k)
A description of the feasible location(s) of future towers or
antennas within a two mile radius surrounding the Township of Lyndhurst
based upon existing physical, engineering, technological, or geographical
limitations in the event the proposed tower is erected.
(l)
A visual study depicting where, within a three mile radius,
any portion of the proposed tower could be seen.
(m)
A statement of intent on whether excess space will be leased.
2.
Factors Considered in Granting Conditional Use Permits for Towers.
In addition to any standards for consideration of conditional use
permit applications pursuant to the Township Code, the planning board
shall consider the following factors in determining whether to issue
a conditional use permit:
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential structures and residential
district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress;
(h)
Availability of suitable existing towers, other structures or
alternative technologies not requiring the use of towers or structures,
as discussed in subsection 21-19.4b3 of this section; and
(i)
Availability of proposed tower to other potential users.
3.
Availability of Suitable Existing Towers, Other Structures or Alternative
Technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the planning board that no existing
tower, structure of alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the planning
board related to the availability of suitable existing towers, other
structures, or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure, or alternative technology can accommodate
the applicant's proposed antenna may consist of the following:
(a)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as cable micro-cell
network using multiple low-powered transmitter/receivers attached
to a wire-line system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
4.
Setbacks. The following setback requirements shall apply to all towers
for which a conditional use permit is required:
(a)
Towers must be set back a distance equal to at least 50% of
the height of the tower from any adjoining lot line.
(b)
All accessory buildings must satisfy the minimum zoning district
setback requirements.
(c)
No tower shall exist within required buffer areas if adjacent
to residential zones as prescribed under local ordinances.
5.
Separation. The following separation requirements shall apply to
all towers and antennas for which a conditional use permit is required:
(a)
Separation from off-site uses/designated areas.
(1)
Tower separation shall be measured from the array line to the
lot line of the off-site uses and/or designated areas as specified
in Table 1, except as otherwise provided in Table 1.
(2)
Separation requirements for towers shall comply with the minimum
standards established in Table 1.
|
Table 1
| |
|---|---|
|
Off-site Use/Designated Area
|
Separation Distance
|
|
Residential, public parks, schools or house of worship
|
200 feet or 300% height of tower, whichever is greater from
lot line
|
|
Vacant residentially zoned land
|
200 feet or 300% height of tower, whichever is greater from
lot line
|
|
Nonresidentially zoned lands or nonresidential uses
|
None, only zoning code setbacks apply
|
(b)
Separation distances between towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and preexisting towers. The separation distances shall be measured
by drawing or following a straight line between the base of the existing
tower and the proposed base, pursuant to a site plan of the proposed/tower.
The separation distances, listed in linear feet, shall be as shown
in Table 2.
|
Table 2
| ||||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height
|
Monopole Less Than 75 Feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
1,500
|
1,500
|
750
|
|
Monopole 75 feet in height
|
750
|
750
|
750
|
750
|
|
Monopole less than 75 feet
|
750
|
750
|
750
|
750
|
6.
Security Fencing. Towers shall be enclosed by security fencing not
less than six feet nor more than eight feet in height, and shall also
be equipped with an appropriate anti-climbing device.
7.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a conditional use is required.
(a)
Towers facilities shall be landscaped with a buffer of plant
materials that effectively screen the view of the tower compound from
property used for residences or planned residences. The standard buffer
shall consist of a double-staggered row of evergreens consisting of
no less than seven nor more than ten foot wide buffer to screen views
of the facility.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wood lots, natural growth around property
perimeter may be sufficient buffer.
8.
Access and Parking. There must be a suitable ingress/egress to/from
the tower facility and a minimum of two parking spaces.
9.
Real Estate Values. The tower will not have a material adverse impact
on real estate values of surrounding properties.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
a.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
1.
The cabinet or structure shall not contain more than 100 square feet
of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 40 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure.
2.
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
3.
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
b.
Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following:
1.
In front or side yards, provided the cabinet or structure is no greater
than six feet in height or 100 square feet of gross floor area and
the cabinet/structure is located a minimum of 75 feet from all lot
lines. The cabinet/structure shall be screened by an evergreen hedge
with an ultimate height of at least 42 inches and a planted height
of at least 36 inches.
2.
In a rear yard, provided the cabinet or structure is no greater than
eight feet in height or 120 square feet in gross floor area. The cabinet/structure
shall be screened by an evergreen hedge with an ultimate height of
eight feet and a planted height of at least 48 inches.
3.
In all other instances, structures or cabinets shall be screened
from view of all residential properties which abut or are directly
across the street from the structure or cabinet by a solid fence six
feet in height or an evergreen hedge with an ultimate height of eight
feet and a planted height of 72 inches.
c.
Antennas Located on Towers. The related unmanned equipment structure
shall not contain more than 200 square feet of gross floor area or
be more than 10 feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
Any antenna or tower that is not operated for a continuous period
of six months shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within 90 days of receipt of
notice from the Township of Lyndhurst notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within
90 days shall be grounds to remove the tower or antenna at the owner's
expense. If there are two or more users of a single tower, then this
provision shall not become effective until all users cease using the
tower. The township may condition the issuance of any permit to demolish
or remove a tower or antenna on the posting of an appropriate performance
bond or other suitable guarantee in a face amount of not less than
120% of the cost (as determined by the planning board engineer) of
such removal, grading and restoration to a state required under all
applicable township ordinances.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
a.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in subsection 21-19.6b4 and 5. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 21-19.8.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
The planning board or zoning board may retain technical consultants
as it deems necessary to provide assistance in the review of the site
location alternatives analysis. The service provider shall bear the
reasonable cost associated with such consultation, which cost shall
be deposited in accordance with the township's escrow policies.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
Site plan approval by the planning board is required for the
installation of any wireless communications tower and/or antenna within
the municipal boundaries in all zoned districts. Each application
shall include a site plan showing the specific design, location, size,
and construction of the proposed structure which shall comply in all
respects with the standards enumerated herein.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
The wireless communications facility shall be maintained in
good condition. Such maintenance shall include, but not be limited
to, painting, structural integrity of the mount and security barrier,
and maintenance of the buffer areas and landscaping.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
This section and all of its terms and conditions, including
annual reporting and continued maintenance, shall be binding upon
the applicant, co-applicant, any legal successor in interest, and
the real party in interest.
[1]
Editor’s Note: Prior ordinance history includes portions
of Ordinance No. 2541.
[Ord. #2678, § 21-20.1]
The following terms, as used in this ordinance, shall have the
following meanings:
Shall mean housing properly reserved for occupancy, by deed
restriction or other legal mechanism, for COAH income qualified moderate-,
low-, and very-low-income families. All units must comply with those
standards and guidelines set forth by COAH.
Shall mean the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean the assessed value of a property divided by the
current average ratio of assessed to true value for the municipality
in which the property is situated, as determined in accordance with
sections 1, 5, and 6 of P.L. 1973, c. 123 (C. 54:1-35a through C.
54:1-35c).
Shall mean 50% or less of the median gross household income
for households of the same size within the housing region in which
the household is located, based upon the U.S. Department of Housing
and Urban Development's (HUD) Section 8 Income Limits (uncapped) averaged
across counties for the housing region.
Shall mean more than 50% but less than 80% of the median
gross household income for households of the same size within the
housing region in which the household is located, based upon the U.S.
Department of Housing and Urban Development's (HUD's) Section 8 Income
Limits (uncapped) averaged across counties for the housing region.
Shall mean 30% or less of the median gross household income
for households of the same size within the housing region in which
the household is located, based upon the U.S. Department of Housing
and Urban Development's (HUD) Section 8 Income Limits (uncapped) averaged
across counties for the housing region.
[Ord. #2678, § 21-20.2]
The affordable housing requirements contained in this section
shall be applied to all construction within the Township of Lyndhurst.
Responsibility for constructing an affordable housing unit shall be
as provided for under this section. Furthermore, this section shall
apply regardless of whether a minor subdivision, major subdivision
or site plan is involved in the creation of the lot under construction
or if the construction is on a preexisting lot. The obligation for
affordable housing construction shall apply regardless of whether
or not the property owner or developer has obtained preliminary or
final approval for the construction. For buildings currently under
construction, the property owner is responsible for complying with
the affordable housing requirements in this section if a certificate
of occupancy for the construction has not been issued prior to the
adoption of this section. For all other construction, the triggering
mechanism for the affordable housing responsibility shall be the issuance
of a building permit for new construction.
[Ord. #2678, § 21-20.3]
a.
Inclusionary Development.
1.
Mandatory Set-Aside.
(a)
Within all district(s), any applicant for a residential development
in the Township of Lyndhurst that includes four or more residential
lots and/or dwelling units shall be required to provide the number
of affordable housing units equivalent to 20% of the total number
of market rate units which will result from the proposed development,
with any decimal amount rounded to the next highest whole number.
All residential lots and/or dwelling units created from sub portions
of an original tract of land during the time period between January
1, (2008) and December 31, (2018) shall be added together for the
purposes of this section provision, even if an individual subdivision
and/or site plan created less than eight residential lots and/or dwelling
units.
(b)
In the case where the Planning Board of the Township of Lyndhurst has determined, due to site conditions or other factors which the planning board finds compelling, that the affordable housing obligation of a proposed development is incapable of being rounded to the next highest whole number, the secretary of the planning board shall serve notice of all relevant facts upon the clerk of the Township of Lyndhurst, with copies to all parties to the application for development. The developer shall be subject to subsection 21-20.7 ("Cash Contribution") below.
2.
Requirements for Inclusionary Development.
(a)
Developers shall fully integrate very-low-, low- and moderate-income
units with the market units.
(b)
Developers shall ensure that affordable units have access to
all community amenities available to market-rate units that are subsidized
in whole by association fees and utilize the same heating source as
market units.
(c)
Developers of new townhouse dwelling units shall ensure compliance
with N.J.A.C. 5:97-3.14.
3.
Compensatory Benefits to Developers. The Township of Lyndhurst shall
permit a developer of an inclusionary development, for which affordable
housing units are created on-site, one or more of the following incentives:
(a)
Permissibility of alternate structure types (for example, duplex);
(b)
Reduction in parking standards;
(c)
Increases in permitted density;
(d)
Waiver of sidewalk and/or tree requirements;
(e)
Relief from regulatory requirements, if such relief will yield
a cost reduction to the developer;
(f)
Relief from single family zoning (duplex or triplex)
(g)
Waiver or reduction of filing and other fees; tax abatements;
(h)
Financial aid, loans or grants to subsidize affordable housing
production; and
(i)
Reduced requirements for setbacks, and/or height and/or stories,
and/or lot widths and/or lot sizes, if necessary to accommodate affordable
housing production.
[Ord. #2678, § 4]
a.
Imposed Fees.
1.
Within all zoning districts, nonresidential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to 2 1/2% of the equalized assessed value of
the land and improvements, for all new nonresidential construction
on an unimproved lot or lots.
2.
Nonresidential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to 2 1/2%
of the increase in equalized assessed value resulting from any additions
to existing structures to be used for nonresidential purposes.
3.
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2 1/2%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e. land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1.
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2 1/2% development fee,
unless otherwise exempted below.
2.
The 2 1/2% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
3.
Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New
Jersey Nonresidential Development Certification/Exemption" Form. Any
exemption claimed by a developer shall be substantiated by that developer.
4.
A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to P.L. 2008, c. 46 shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the nonresidential development fee, in that event,
within three years after that event or after the issuance of the final
certificate of occupancy of the nonresidential development, whichever
is later.
5.
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable in Lyndhurst Township as a lien against the real
property of the owner.
c.
Compensatory Benefits to Developers. The Township of Lyndhurst shall
permit a developer of nonresidential development one or more of the
following incentives:
[Ord. #2678, § 21-20.5]
Fifty percent of the affordable housing units required to be produced in accordance with subsections 21-20.2 and 21-20.3 hereinabove shall be available to "low" income households and 50% shall be available to "moderate" income households, provided that any single remaining unit shall be available to a "low" income household.
Thirteen percent of the affordable housing units required to be produced in accordance with subsections 21-20.2 and 21-20.3 hereinabove shall be available to "very low" income households. Affordable housing that is available to "very low" income households also qualifies as both "low" and "moderate" income housing.
[Ord. #2678, § 21-20.6]
All affordable housing units shall fully comply with all applicable
"Substantive Rules" and policies of the New Jersey Council on Affordable
Housing (COAH) including, unless modified above, but not limited to,
bedroom distribution, controls on affordability, household income
qualification and eligibility, range of affordability, affirmative
marketing and the construction phasing of the market versus the affordable
housing units.
[Ord. #2678, § 7]
a.
For residential development which proposes less than four residential
units the developer shall be required to provide a cash contribution
for each new housing unit, but in no event would a cash contribution
for residential construction be less than $45,067 which for the purposes
of this section is determined to be one-fourth of the cost of constructing
an affordable housing unit, pursuant to N.J.A.C. § 97-6.4.
b.
When, pursuant to subsection 21-20.3 above, the Planning Board of the Township of Lyndhurst has determined, due to site conditions or other factors which the planning board finds compelling, that the affordable housing obligation of a proposed development is incapable of being rounded to the next highest whole number, the developer shall be required to provide a cash contribution for each new housing unit, but in no event would a cash contribution for residential construction be less than $45,067, which for the purposes of this section is determined to be one-fourth of the cost of constructing an affordable housing unit, pursuant to N.J.A.C. § 97-6.4.
c.
For those developments proposing more than four residential units,
the developer shall be required to provide on-site production of affordable
housing and shall pay the pro rata contribution as stated above for
any fractional obligation remaining after the production of the mandated
affordable housing units.
d.
For purposes of this section, the cash contribution shall be $180,267
for one affordable unit, in accordance with N.J.A.C. § 97-6.4.
The cash contribution for residential development is presumptively
the cost of an affordable unit either in a single-family subdivision
setting including land, or one unit in a multi-family setting including
land. The planning board may adjust from time to time the presumptive
amount based upon modifications by COAH to the presumptive subsidy
required for the creation of one affordable housing unit in COAH Region
1.
e.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) has been permitted, developers may be required
to pay a development fee of 6% of the equalized assessed value for
each additional unit that may be realized. However, if the zoning
on a site has changed during the two-year period preceding the filing
of such a variance application, the base density for the purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two-year period preceding the filing
of the variance application.
Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1 1/2%
of the equalized assessed value on the first two units; and the specified
higher percentage up to 6% of the equalized assessed value for the
two additional units, provided zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
[Ord. #2678, § 21-20.8]
The applicant may satisfy its affordable housing obligation calculated in accordance with subsections 21-20.2 and 21-20.3 in accordance with one or more of the following alternatives as permitted by COAH's "Substantive Rules" as set forth below:
a.
On-site production of affordable housing units.
b.
The purchase of an existing market rate dwelling unit within the
municipality and its conversion to an affordably priced unit. The
satisfaction of an affordable housing obligation through this method
shall subject the developer to an additional obligation equal to an
additional one-half affordable unit for every affordable unit otherwise
required. Example: If a development generates an on-site affordable
housing obligation of two units, the affordable housing obligation
will be increased to three affordable housing units if the units are
provided by the purchase of an existing market rate dwelling unit
within the municipality for conversion to an affordably priced unit.
c.
The purchase of an existing market rate dwelling unit within the
municipality and its conversion to an "alternative living arrangement"
facility (i.e., group home). The satisfaction of an affordable housing
obligation through this method shall subject the developer to an additional
obligation equal to an additional one-half affordable unit for every
affordable unit otherwise required. Example: If a development generates
an on-site affordable housing obligation of two units, the affordable
housing obligation will be increased to three affordable housing units
if the units are provided by the purchase of an existing market rate
dwelling unit within the municipality for conversion to an "alternative
living arrangement" facility.
d.
Participation in gut rehabilitation and/or buy down/write down or
buy-down/rent down programs. The satisfaction of an affordable housing
obligation through this method shall subject the developer to an additional
obligation equal to an additional one-half affordable unit for every
affordable unit otherwise required. Example: If a development generates
an on-site affordable housing obligation of two units, the affordable
housing obligation will be increased to three affordable housing units
if the units are provided by gut rehabilitation and/or buy down/write
down or buy-down/rent down.
[Ord. #2678, § 21-20.9]
Applicant shall obtain written permission from the township
board of commissioners endorsing the applicant's plan for satisfying
the affordable housing obligation created by the proposed development
which shall be submitted to the planning board at the time the application
for development is submitted for review and approval and shall be
considered a condition for the application being determined "complete."
[Ord. #2678, § 21-20.10]
a.
Permitted Housing Types for Affordable Units. More than one affordable
unit may be on a building lot. Single-family, duplex and triplex structures,
which are affordable housing units, are permitted in the Township
of Lyndhurst.
b.
The affordable housing structures shall be consistent in size and
architectural features with the neighborhood or as approved by the
planning board.
[Ord. #2678, § 21-20.11]
The residential units shall be constructed on a schedule in
accordance with the COAH regulations at N.J.A.C. § 5:97-6.4:
|
Percentage of Market Rate Units Completed
|
Minimum Percentage of Low and Moderate Income Units Completed
|
|---|---|
|
25
|
0
|
|
25 plus 1 unit
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
[Ord. #2678, § 21-20.12]
Affordable housing is a permitted use in every residential zone
and a conditionally permitted use in every nonresidential zoning district
to the extent that production of affordable housing units is mandated
by this section. Mandatory on-site production of affordable units
shall not increase the density permitted in any residential district.
The applicant must satisfy the affordable housing requirements within
the existing density. In nonresidential zones, the residential density
shall be the minimum required by COAH to satisfy the COAH obligation.
[Ord. #2678, § 21-20.13]
a.
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit.
b.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c.
The construction official responsible for the issuance of a building
permit shall notify the local tax assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
d.
Within 90 days of receipt of that notice, the municipal tax assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
e.
The construction official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final
inspection, the municipal assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
g.
Should the Township of Lyndhurst fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b of section 37 of P.L. 2008, c. 46 (C. 40:55D-8.6). The payment of monies by a developer pursuant to this section shall have no effect on the developer's obligation to provide affordable housing where no development fee is due.
h.
The developer shall pay 100% of the calculated development fee amount
prior to the municipal issuance of a final certificate of occupancy
for the subject property.
i.
Appeal of Development Fees.
1.
A developer may challenge residential development fees imposed by
filing a challenge with the county board of taxation. Pending a review
and determination by the board, collected fees shall be placed in
an interest bearing escrow account by the Township of Lyndhurst. Appeals
from a determination of the board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
2.
A developer may challenge nonresidential development fees imposed
by filing a challenge with the director of the division of taxation.
Pending a review and determination by the director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Township of
Lyndhurst. Appeals from a determination of the director may be made
to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
[Ord. #2678, § 21-20.14]
a.
Monitoring. The Township of Lyndhurst shall complete and return to
COAH all monitoring forms included in monitoring requirements related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with the Township
of Lyndhurst's housing program, as well as to the expenditure of revenues
and implementation of the plan certified by COAH. All monitoring reports
shall be completed on forms designed by COAH.
b.
Ongoing Collection of Fees. The ability for the Township of Lyndhurst
to impose, collect and expend development fees shall expire with its
substantive certification unless the Township of Lyndhurst has filed
an adopted Housing Element and Fair Share Plan with COAH, has petitioned
for substantive certification, and has received COAH's approval of
its development fee ordinance. If the Township of Lyndhurst fails
to renew its ability to impose and collect development fees prior
to the expiration of substantive certification, it may be subject
to forfeiture of any or all funds remaining within its municipal trust
fund. Any funds so forfeited shall be deposited into the "New Jersey
Affordable Housing Trust Fund" established pursuant to section 20
of P.L. 1985, c. 222 (C. 52:27D-320). The Township of Lyndhurst shall
not impose a residential development fee on a development that receives
preliminary or final site plan approval after the expiration of its
substantive certification or judgment of compliance, nor shall the
Township of Lyndhurst retroactively impose a development fee on such
a development. The Township of Lyndhurst shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
[Ord. #2683, § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of Township of Lyndhurst's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 2683, § 2]
As used in this section, the following term shall have the meaning
indicated:
Shall mean the employee charged by the governing body with
the responsibility for oversight and administration of the affordable
housing program for the Township of Lyndhurst and shall be responsible
for administering the affordability controls of some or all units
in the affordable housing program for the Township of Lyndhurst to
ensure that the restricted units under administration are affirmatively
marketed and sold or rented, as applicable, only to low- and moderate-income
households.
[Ord. No. 2683, § 3]
a.
Establishment of Position of Municipal Housing Liaison and Affordable
Housing Administrator. There is hereby established the position of
municipal housing liaison and affordable housing administrator for
the Township of Lyndhurst.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the municipal housing liaison shall be appointed by the governing
body and may be a full or part time employee.
c.
The municipal housing liaison and affordable housing administrator
shall be responsible for oversight and administration of the affordable
housing program of the Township of Lyndhurst, including the following
responsibilities which may not be contracted out, exclusive of paragraph
c6 which may be contracted out:
1.
Serving as Township of Lyndhurst's primary point of contact for all
inquiries from the state, affordable housing providers, administrative
agents, and interested households;
2.
Monitoring the status of all restricted units in the Township of
Lyndhurst's Fair Share Plan;
3.
Compiling, verifying, and submitting annual reports as required by
COAH;
4.
Coordinating meetings with affordable housing providers and administrative
agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6.
If applicable, serving as the administrative agent for some or all
of the restricted units in the Township of Lyndhurst as described
in paragraph f below.
d.
Subject to approval by COAH, Township of Lyndhurst may contract with
or authorize a consultant, authority, government or any agency charged
by the governing body, which entity shall have the responsibility
of administering the affordable housing program of the Township of
Lyndhurst, except for those responsibilities which may not be contracted
out pursuant to paragraph c above. If the Township of Lyndhurst contracts
with another entity to administer all or any part of the affordable
housing program, including the affordability controls and Affirmative
Marketing Plan, the municipal housing liaison shall supervise the
contracting administrative agent.
e.
Compensation shall be fixed by the governing body at the time of
the appointment of the Municipal Housing Liaison.
f.
Administrative Powers and Duties.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Township of Lyndhurst and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low and moderate income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Township of Lyndhurst when referring households
for certification to affordable units.
3.
Affordability Controls
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
county's register of deeds or county clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the administrative agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
administrative agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the administrative agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls, and
(g)
Providing annual reports to COAH as required.
7.
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Ord. No. 2621, § 1; Ord. No. 2762, § 2]
The purpose of this section is to establish regulations of illegal
dwelling units and the relocation of displaced persons resulting from
the vacation by a tenant from an illegal dwelling unit within the
Township of Lyndhurst (the "township").
[Ord. No. 2621, § 1; Ord. No. 2762, § 2]
As used in this Section, the following definitions shall apply:
a.
Illegal apartment or dwelling unit. Any one of the following shall
constitute an "illegal apartment or dwelling unit:"
1.
An apartment or unit for which no certificate of occupancy or certificate
of continuing occupancy has been issued.
2.
An apartment or unit which would exceed the number of units permitted
under the Zoning Ordinance or any approvals granted by a land use
agency of the Township.
3.
An apartment or unit which fails to meet the requirements of any
regulation affecting the health, safety and welfare of the general
public.
4.
An apartment or unit which fails to satisfy the requirements of the
Multiple Dwelling Law or any other statute, or ordinance or regulation
governing multiple dwellings.
5.
An apartment or unit which the owner has permitted occupancy thereof
without obtaining required plumbing, electrical and building permits.
6.
Any other apartment or unit deemed by the Construction Code Official
or a program of law enforcement or any governmental agency or by judicial
decree to be in violation of any state, county or Township regulations.
b.
Owner-Landlord.
Owner or Landlord shall mean the holder or holders of the title
to the premises in fee simple or having charge, care or control of
the premises, as owner or agent of the owner or as executor, administrator,
trustee, receiver or guardian of the estate or mortgagee in possession,
regardless of how such possession was obtained.
c.
Tenant.
Tenant or Displacee shall mean any person residing with the
consent or constructive knowledge of the owner in an illegal apartment
or dwelling unit.
d.
Displacement, Relocate/Relocation.
Displace/Displacement and Vacate/Vacation shall all refer to
the cessation of a tenancy, either voluntarily or compulsorily, due
to housing, zoning, construction, or building code violations, a program
of law enforcement, or for related reasons.
[Ord. No. 2621, § 1; Ord. No. 2762, § 2; Ord. #2799-11]
a.
Establishment and Purpose. There is hereby established in the Township
of Lyndhurst a Relocation Assistance Committee (hereinafter, "the
Committee") to advise and assist the Commissioner of the Department
of Public Affairs (hereinafter "Commissioner") with the administration
and enforcement of this section, and with the provisions of the Relocation
Assistance Law of 1967, N.J.S.A. 52:31B-1 et seq. (hereinafter "the
Law"), the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. (hereinafter
"the Act"), the Anti-Eviction Law, N.J.S.A. 2A:18-61.1 et seq., and
the regulations promulgated thereunder, N.J.A.C. 5:11-1.1 et seq.
(hereinafter "the Regulations"), in order to ensure the uniform, fair
and equitable treatment of displaced persons. The Committee shall
be responsible for creating a relocation assistance advisory program
to assist tenant displacees, performing all record keeping required
under N.J.A.C. 5:11-1.1 et seq., assuring owner-landlords' timely
submission of the Workable Relocation Assistance Plan to the Department
of Community Affairs, and approval of same, and assuring the payment
of relocation expenses and collection thereof from owners-landlords.
b.
Membership. The Committee shall consist of five members. The members
shall be nominated by the Commissioner, and appointed by a majority
of the full membership of the board of commissioners. The membership
of the Committee shall consist of the following:
1.
All members shall be officers and/or employees of the Township, including
the following: the Construction Code Official and the Township's Building
Inspector. These members shall be compensated pursuant to Township
ordinance, funding for which shall result from surplus fees received
under the Uniform Construction Code.
c.
Officers. The Chairperson of the Committee shall be the Construction
Code Official of the Township. A Secretary shall be appointed from
the membership of the Committee at its annual reorganization meeting,
which shall be in January of each year.
d.
Term. The term of office for members shall be one year, which shall
commence in January of each year.
e.
Annual Report. The Committee shall prepare and file a report in or
about January of each year with the Commissioner. The report shall
include a summary of actions, cases handled, and decisions or recommendations
made during the prior year.
f.
Bylaws. The Committee shall adopt bylaws governing the administration
and operation of the Committee at its annual reorganization meeting.
g.
Where practicable, the committee shall adopt resolutions commemorating
the findings of its deliberation.
[Ord. No. 2621, § 1; Ord. No. 2762, § 2]
No owner of real property shall rent an illegal dwelling unit
or apartment in the Township or permit same to be occupied by any
tenant(s) or any other person(s).
[Ord. No. 2621, § 1; Ord. No. 2162, § 2]
Any owner of real property who, in violation of law or ordinance,
rents an apartment or unit or permits same to be occupied, shall be
required to prepare a Workable Relocation Assistance Plan in accordance
with N.J.A.C. 5:11-6.1, and make timely submission and assure timely
approval of same prior to the displacement of any tenant.
[Ord. No. 2621, § 1; Ord. No. 2762, § 2]
In the event that the relocation costs to be paid to the Township
with regard to any parcel of real property shall not be paid within
10 days after the due date, interest shall accrue and be due to the
Township on the unpaid balance at the rate of 18% per annum until
the costs, and the interest thereon, shall be fully paid to the Township.
[Ord. No. 2621, § 1; Ord. No. 2762, § 2]
In the event that the relocations costs to be paid to the Township
with regard to any parcel of real property shall not be paid within
10 days after the date due, the Township may pursue all remedies available
at law, including imposition of liens.
[Ord. No. 2621, § 1;
Ord. #2762, § 2; Ord. No. 2823-11]
a.
In the case of displacement of any person(s) by enforcement of this
section or other applicable laws or regulations, any owner of real
property who, in violation of law or ordinance, rents an apartment
or unit or permits same to be occupied, shall pay to the Township
all relocation costs incurred pursuant to applicable statutes, ordinances,
and regulation. Relocations costs shall be paid per apartment and
apportioned among the inhabitants therein. Individual tenants of a
single-dwelling unit shall not each be entitled to individual payments
of the entire relocation costs attributable to the entire delinquent
unit. Prior to payment of the relocation costs, the payee shall certify,
upon such form provided by or acceptable to the Township, the monthly
rental amount of the dwelling unit, and shall further certify that
to the best of the payee's knowledge, relocation benefits attributable
to that dwelling unit have not been previously paid by the owner or
its agent.
b.
In accordance with N.J.S.A. 2A:18-61.1g, any tenant evicted pursuant
to N.J.S.A. 2A:18-61.2 because of zoning or code enforcement activity
shall be considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six times the monthly rental, with
the owner-landlord liable for the payment. Such relocation assistance
shall be paid by the Township to the tenant immediately upon presentation
to the Township of a true and correct copy of the Judgment for Possession,
Warrant of Removal, or other proof eviction, and thereafter reimbursed
by the owner-landlord to the Township.
c.
In accordance with N.J.S.A. 20:4-4.1, any tenant displaced by police,
the Township Fire Official, Construction Code Official, Code Enforcement
Official, Health Officer and/or other applicable municipal officer
for reasons of housing or construction code enforcement shall be considered
a displaced person and shall be entitled to relocation assistance
in an amount equal to six times the monthly rental. Such relocation
assistance shall be paid by the Township to the tenant subsequent
to displacement from the illegal apartment or dwelling unit and upon
the owner's entry of a guilty plea to all charges relative to the
tenant's displacement, and/or 20 days after the owner's conviction.
The owner-landlord shall be liable for the repayment and reimbursement
of all relocations costs paid by the Township to the tenant. This
provision shall not bar the tenant from collecting a greater total
relocation assistance payment if the tenant demonstrates that the
amount necessary to enable the tenant to lease or rent a decent, safe,
and sanitary dwelling of adequate accommodation standards in an area
not generally less desirable in regard to public utilities and public
and commercial facilities, and reasonably accessible to his place
of employment, for a period not to exceed four years, plus moving
expenses and actual direct losses of tangible personal property, exceeds
the total amount paid under this Section.
d.
In accordance with N.J.A.C. 5:11-2.1, any tenant displaced by police,
the Township Fire Official, Construction Code Official, Code Enforcement
Official, Health Officer and/or other applicable municipal officer
for reasons of building, housing, health, or construction code enforcement
shall be considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six times the monthly rental, with
the owner-landlord liable for the payment. Such relocation assistance
shall be paid by the Township to the tenant subsequent to displacement
from the illegal apartment or dwelling unit and upon the owner's entry
of a guilty plea to all charges relative to the tenant's displacement,
and/or 20 days after the owner's conviction, and upon the payee's
execution of a certification pursuant to paragraph a above. The owner-landlord
shall be liable for the repayment and reimbursement of all relocation
costs paid by the Township to the tenant. This provision shall not
bar the tenant from collecting a total relocation assistance payment
in excess of an amount equal to six times the monthly rental if the
tenant demonstrates that such amount is less than it would be entitled
to under N.J.A.C. 5:11-1.1 et seq. in the absence of this Section.
e.
In accordance with N.J.S.A. 52:31B-4, any tenant displaced by police,
the Township Fire Official, Construction Code Official, Code Enforcement
Official, Health Officer and/or other applicable municipal officer
by a program of law enforcement shall be considered a displaced person
and shall be entitled to relocation assistance in an amount equal
to six times the monthly rental. Such relocation assistance shall
be paid by the Township to the tenant subsequent to displacement from
the illegal apartment or dwelling unit and upon the owner's entry
of a guilty plea to all charges relative to the tenant's displacement,
and/or 20 days after the owner's conviction. The owner-landlord shall
be liable for the repayment and reimbursement of all relocations costs
paid by the Township to the tenant. This provision shall not bar the
tenant from collecting a greater total relocation assistance payment
if the tenant demonstrates that a fair and reasonable relocation assistance
payment exceeds the total amounts paid under this Section.
f.
This section shall be construed in conjunction with all other applicable
statutes, ordinances, and regulations.
[Ord. No. 2621, § 1]
In addition to paying costs and damages as provided in this
Section, the owner of the real property shall also return to the displaced
tenant or person any security deposit, together with interest thereon,
plus any rental payment required to be apportioned upon notification
by the enforcement official that the illegal apartment or dwelling
unit must be vacated.
[Ord. No. 2621, § 1; Ord. No. 2762, § 2; Ord. No. 2823-11]
a.
Any person who violates this Section shall be subject to a fine of
not less than $500 nor more than $1,000 or a confinement of not more
than 90 days in jail, or both. For purposes of determining violations
of this Section, each and every day of continued rental or occupancy
shall be deemed to be a separate and distinct violation.
b.
In addition to all other provisions set forth herein and applicable
statutes and regulation, the owner-landlord of the structure from
which a displaced tenant is relocated shall be subject to additional
fines for zoning or housing code violation for an illegal occupancy,
up to an amount equal to six times the monthly rental paid by the
displaced person, to be paid to the Township.
c.
In addition to all other provisions set forth herein and applicable
statutes and regulation, the owner-landlord of the structure from
which a displaced tenant is relocated shall be subject to a fine equal
to the annual tuition cost of any resident of the illegally occupied
unit attending a public school, which fine shall be recovered in a
civil action by a summary proceeding in the name of the Township pursuant
to The Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.
d.
In addition to all other provisions set forth herein and applicable
status and regulations, the owner-landlord of a dwelling adjudicated
as an illegal dwelling shall be subject to additional penalties and
costs, including but not limited to: increased tax assessments reflecting
the observed use of property, and penalties, fines, and increases
in taxation from the Internal Revenue Service and the State Department
of the Treasury. The Township reserves the right to notify insurers,
mortgagees, and other parties in interest of any fact or allegation
of which the Township becomes aware.
[Ord. No. 2762, § 2]
For second or subsequent violation for an illegal occupancy,
the Township may impose a fine, in addition to any other fine or penalty
within this Section, equal to the annual tuition cost of any resident
of the illegally occupied unit attending a public school, which fine
shall be recovered in a civil action by a summary proceeding in the
name of the municipality pursuant to "The Penalty Enforcement Law
of 1999," N.J.S.A. 2A:58-10 et seq. The Municipal Court and the Superior
Court shall have jurisdiction, pursuant to N.J.S.A. 2A18-61.1g(3.c).
[Ord. No. 2621, § 1; Ord. No. 2762, § 2]
The provisions of this Section may be enforced by all members
of the Township Police Department, the Fire Official, the Construction
Code Official, and the Code Enforcement Official and/or the Health
Officer of the Township of Lyndhurst.
