Article XI of the Borough of Waldwick Zoning, Land Use and Development Code shall be viewed as permissive. In no instance after the adoption of this article shall any use be permitted in the Borough which is not listed as a permitted, accessory or conditional use as specified herein. Any uses not permitted or specified shall be prohibited. All permitted uses shall not be noxious or injurious to adjacent properties by reason of the production or emission of smoke, refuse matter, odor, gas fumes, noise, vibration or unsightly conditions.
A.
Uses specifically prohibited. Uses prohibited in all districts include
but are not limited to the following:
1.
Trailer or tourist camps.
2.
Any unenclosed business, such as used car lots, unless an accessory
use.
3.
Restaurants which sell or permit the consumption of food or beverages
on any portion of their premises not within a fully enclosed building.
This prohibition shall not apply to a restaurant that has obtained
an outdoor cafe permit from the Borough of Waldwick.
[Amended 8-22-00 by Ord. No. 12-00]
4.
Junkyards.
5.
Automated Car Washes
[Amended 05-27-14 by Ord. No. 12-14]
6.
Auction establishments.
7.
Storage trailers and movable enclosures whether on wheels or otherwise.
8.
Roller skating rinks.
9.
Any unattended vending machines.
10.
Tattoo parlors.
11.
Retail sale of tobacco, tobacco products, electronic smoking devices
and products, and accessories where such sale is the primary business
of the establishment.
[Added 4-10-2018 by Ord.
No. 09-2018]
12.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 10-9-2018 by Ord.
No. 17-2018; amended 5-25-2021 by Ord. No. 2021-09]
For the purpose of this ordinance, the Borough of Waldwick is
hereby divided into the classes of districts listed below:
|
Symbol
|
Name
|
|---|---|
|
R-1
|
Single-Family Residential District
|
|
R-2
|
Single-Family Residential District
|
|
R-3
|
Village Residential District
|
|
R-4
|
Senior Citizen Residential District
|
|
C-1
|
Village Commercial District
|
|
C-2
|
Turnpike Commercial District
|
|
C-3
|
Neighborhood Commercial District
|
|
I
|
Limited Manufacturing-Industrial District
|
|
VC-2
|
Village Center District
|
|
VC-3
|
Village Center District
|
|
AH
|
Affordable Housing District
|
|
AH-1
|
Affordable Housing District
[Added 5-13-97 by Ord. No. 11-97] |
|
CAH
|
Commercial Affordable Housing District
|
[Amended 11-26-96 by Ord. No. 22-96; 9-27-05 by Ord. No. 11-05]
The boundaries of these districts are hereby established as
shown on the map entitled "Zoning Map-Borough of Waldwick" dated June,
2002. The Schedule of Requirements (Schedule A, B and C) summarizing
the required condition for each district above, is hereby made a part
of this ordinance. Copy of said map indicating the latest amendments
shall be kept up to date in the office of the Building Department/Construction
Official and Borough Clerk for the use and benefit of the public.
In determining the boundaries of districts shown on the Zoning
Map, the following rules shall apply:
A.
Unless otherwise shown, the district boundaries shall be construed
to coincide with the center lines of streets, highways, waterways,
railroad rights-of-way or such lines extended.
B.
Where such boundaries are indicated as approximately following lot
or property lines as they exist at the time of enactment of this ordinance
or any district change, such lines shall be construed to be the boundaries
unless otherwise indicated by dimensions on the Zoning Map.
Where a district boundary line divides a lot, other than by
following a stream or street, which lot is in single ownership at
the time of adoption of this ordinance or any district change, any
use permitted in either district may be extended not more than twenty
percent (20%) of the existing zone penetration into said lot, or one
hundred (100) feet into the adjacent district, or to the boundary
line of the divided lot, whichever is the lesser. A use permitted
in the district so extended shall thereafter be a permitted use in
the extended area. A property owner, however, shall be permitted only
one (1) election, after which the lot use shall be governed by the
regulations of the district to which the portion of the lot shall
have been annexed by such extension.
Where a vacated street is bounded on either side by different
districts, the former center line of the vacated right-of-way shall
be considered the district's boundary line.
A.
No building shall be erected, moved, altered, converted, rebuilt
or enlarged, nor shall any land or building be used, reduced, designed
or arranged to be used, for any purpose or in any manner except in
conformity with all regulations, requirements and restrictions specified
in this ordinance for the district in which such building or land
is located.
B.
No permit for the erection of any building or structure shall be
issued unless the lot abuts an improved street in accordance with
N.J.S.A. 40:55D-35.
C.
No lot shall be formed from part of a lot already occupied by a building
unless such building, all yards and open spaces connected therewith
and the remaining lot comply with all requirements prescribed by this
ordinance for the district in which said lot is located. No permit
shall be issued for the erection of a building on any new lot thus
created unless such building and lot comply with all the provisions
of this ordinance.
D.
No yard or open space required in connection with any building or
use shall be considered as providing a required open space for any
other building on the same or any other lot.
For the purpose of this ordinance, all terms or words defined
in N.J.S.A. 40:55D-1 et seq. are made part of this ordinance unless
a contrary intention is clearly expressed herein.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings herein indicated.
Words used in the present tense include the future; the singular number
includes the plural and the plural, the singular; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the word "plot"; the word "building" includes the word "structures";
the word "dwelling" includes the word "residence". The term "occupied"
or "used" as applied to any building shall be construed as though
followed by the words "or intended, arranged, constructed, altered,
converted, rented, leased or designed to be occupied or used." The
word "shall" is mandatory and not discretionary.
As used in this article, the following terms shall have the
meanings indicated:
A building, structure, or use clearly incidental or subordinate
to, and customarily in connection with, the principal building or
use on the same lot.
A sales price or rent within the means of a low or moderate
income household as defined by the New Jersey Council on Affordable
Housing.
As applied to a building, structure or use, a change or rearrangement
in the structure's parts or in the existing facilities, or an enlargement,
whether by extension of a side or by an increase in height or by a
move from one location or position to another.
Any device, game or contrivance for which payment is made
for the privilege of playing or operating the device, including, but
not limited to video games, computer games, electronic games, pin
ball machines, air hockey, foosball, redemption games (game of skill
that rewards the user with prize tickets), merchandiser games (game
of skill where merchandise is won by playing the game), interactive
player participation games, and simulation games.
A business or establishment wherein a portion of the gross
floor area of the premises is devoted to amusement machines, billiard
or pool tables, whether or not said amusement machines constitute
the principal or accessory use of the premises for the purpose of
being played, operated or used by the patrons on a prepaid basis or
for money or tokens deposited in the amusement machine.
Any fixed or mobile establishment, or premises wherein or
whereon the practice of veterinary medicine or any part thereof is
conducted, which such profession is licensed and regulated under N.J.A.C.
13:44-1 et seq.
[Added 05-27-14 by Ord. No. 12-14]
A room or suite of connecting rooms, with private bath and
kitchen facilities, for occupancy as a single dwelling unit by one
(1) family in a building having three (3) or more such dwelling units
in a larger building.
A higher order regional level street designed for greater
vehicle speeds and traffic volumes than collector streets. Arterial
streets connect and distribute traffic to collector and neighborhood
streets.
The space between the ceiling beams of the top story and
the roof rafters.
Any structure or facility utilized for the purpose of washing
or cleaning the exterior or interior of any automobile, truck, or
other motorized vehicle by a method other than employee hand washing.
This shall include but not be limited to washing or cleaning via mechanical
brushes, brushless or touchless facilities, conveyor systems, or self-service
bay washes.
[Added 05-27-14 by Ord. No. 12-14]
The final elevation of the average ground level adjoining
a building at all exterior walls after development.
A reference plane representing the average 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
6 feet from the building, between the building and a point 6 feet
from the building.
The portion of a building that is partly or completely below
grade plane. 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 (6) feet above grade plane, for more than fifty percent
(50%) of the total perimeter or more than twelve (12) feet above the
finished ground level at any point.
A mound of earth.
A person who pays rent in return for exclusive possession
of a portion of a home or structure.
[Added 3-23-93 by Ord. No. 3-93]
A house where lodging or meals, can be had for pay.
A light industrial use where beer, wine, liquor or other
alcoholic beverage is manufactured, packaged and distributed. A tasting
room, restaurant, or food service establishment shall be permitted
as accessory to the same, subject to the rules and regulations of
the New Jersey Division of Alcohol Beverage Control.
[Added 9-24-2019 by Ord.
No. 2019-21]
A continuous planting strip of trees and/or shrubs not less
than six (6) feet in height densely planted so as to restrict a clear
view beyond said strip.
A public building for the civic, social, educational, cultural
and/or recreational activities of a neighborhood, apartment project
or community not operated primarily for monetary gain.
The ratio of horizontal area by which a principal building
or structure occupies the land to total lot area (as measured at the
grade line around the foundation, using outside dimensions). Building
coverage shall include porches, decks, balconies and cantilevered
parts of a building at any level.
The vertical distance measured from the elevation of the
proposed average finished grade plane to the highest point of the
building exclusive of chimneys and similar structures as identified
in 97-122.1.
A line formed by the vertical projection to the ground of
the exterior surface of the building on any side. In cases of a cantilevered
section of a building, or sun parlors and covered porches, whether
enclosed or unenclosed and not including the steps, the vertical projection
will coincide with the surface nearest the lot lines. All yard requirements
are measured to the "building line."
A building within which is conducted the major or principal
use of the lot on which said building is situated.
An attached or detached accessory building designed for the
storage of motor vehicles and constructed primarily as an open building
with only a roof and the necessary supporting columns, the area between
the columns not to exceed five hundred (500) square feet.
A story partly or completely underground having more than
one-half (1/2) of its clear height below the average finished grade
at the perimeter of the building.
A document certifying that a general inspection of the visible
parts of a building has been made, and that there are no apparent
violations of regulations. See 97-128.5.
A certificate issued by the Building/Construction Official
upon the completion of construction, alteration or change in occupancy
of a building. The certificate shall acknowledge compliance with all
the requirements of this ordinance, such appeals thereto granted by
the Board of Adjustment and/or all other applicable requirements.
A development design technique that concentrates subdivided
building lots or buildings within a portion of a development tract
such that remaining land area can be utilized for open space or the
preservation of environmentally sensitive features.
A street designed to collect and distribute traffic from
lower order local streets to higher order arterial streets.
Authorization of the Planning Board, issued in accordance with § 97-124 of this ordinance, which is required as a condition precedent to the commencement of a use for the erection, construction, reconstruction, alteration, conversion or installation of a structure or building for the conditional use as so designated in this ordinance.
A lot which has a frontage contiguous to more than one (1)
street or other public open space through which there is a permanent
access to the lot.
[Added 4-23-96 by Ord. No. 6-96]
An open, unoccupied space, other than a yard on the same
lot with a building or group of buildings and which is bounded on
two (2) or more sides by such building or buildings.
Any facility which is maintained for the care, development
or supervision of six (6) or more children who attend the facility
for less than twenty-four (24) hours a day, and which is licensed
as a child care center by the Department of Human Services. This term
shall not include any of those facilities or uses which are not included
within the definition of "child care center" contained in the "Child
Care Center Licensing Act" (N.J.S.A. 30:5B-1 to 15).
A facility providing care for the elderly in a protective
setting for part of a 24-hour day.
See restaurant, take-out.
The ratio of residential dwelling units to total lot area.
An accessory structure supported by pillars or posts, which
is either freestanding or attached to a principal structure and does
not include a permanent roof.
An existing or proposed deck located on an undersized lot
that, if constructed, deviates from the rear yard setback requirements
of the Land Use and Development Code of the Borough of Waldwick as
regulated per 97-123.11.
A building or portion thereof which is designed or used exclusively
as a living quarters for one (1) or more families.
A two-family dwelling with one (1) dwelling unit attached
and located beside the other and separated therefrom by a party or
common wall, whether or not that wall is a fire wall.
A detached building containing three (3) or more dwelling
units and occupied or designed for occupancy by three (3) or more
families living independently of each other, each with its own sleeping,
cooking and sanitary facilities.
A series of attached single-family dwellings with two (2)
common or party walls separating it from adjacent units on both sides,
or one (1) party wall in the case of a building at the end of a group
of attached buildings.
A detached building and dwelling unit designed for or intended
to be occupied exclusively for residence purposes by one (1) family,
individual or individuals living together as a family unit.
A detached building containing only two (2) dwelling units;
each building intended for residential occupancy by two (2) families,
each with its own separate sleeping, cooking and sanitary facilities.
A building or entirely self-contained portion thereof having
cooking, sleeping and sanitary facilities and providing complete housekeeping
facilities for only one (1) family individual or individuals living
together as a family unit. A house trailer, camper, a boarding or
rooming house, assisted living home, fraternity or sorority house,
hotel, inn, lodging, nursing or other similar home or other similar
structure shall not be deemed to constitute a "dwelling unit."
A dwelling unit in an apartment house consisting of one (1)
large room with bath and cooking facilities separated from such room
by a permanent wall or folding or sliding doors.
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single housekeeping unit. This definition shall not include any
society, club, fraternity, sorority, association, lodge, federation
or like organizations, or any group of individuals who are in a group
living arrangement as a result of criminal offenses. The number of
individuals constituting a family unit shall be consistent with the
standards of the building, fire, housing and health codes of the Borough
of Waldwick.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A Family Day Care Home shall comply with the requirements
of the "Family Day Care Provider Registration Act." N.J.S.A. 30:58-16
et seq.
[Added 3-23-93 by Ord. No. 3-93]
An artificially constructed, freestanding barrier of solid
or open design, consisting of wood, manufactured material, or combination
of materials erected for the enclosure of yard areas.
A lot that does not have a continuous width from the street
to the building set back line at least equal to the minimum street
frontage required. For purposes of this definition, the portion of
the lot abutting an improved street shall not be declared to be a
private road or private street so as to defeat the intent and purpose
of this chapter.
[Added 4-23-96 by Ord. No. 6-96]
The ratio of gross floor area to total lot area.
A building used for the parking of trucks and other motor
vehicles used for delivery or other commercial purposes.
A building or part thereof used as an accessory to the main
building, which provides for the storage of motor vehicles and in
which no occupation, business or service for profit is carried on.
A building or part thereof, other than a private garage,
used for the sale, lease, maintenance, servicing, repair, washing,
painting, or storage of motor vehicles and automotive accessories,
including fuels and lubricants, for profit.
See Service Station, Automotive.
The sum of the gross horizontal areas of all floors of the
building on the lot measured from the exterior faces of the exterior
walls or from the center line of the party walls separating two (2)
buildings, excluding, however, attic and basement floors, open porches,
breeze-ways and garages.
See Building Height.
An accessory use of business or service character located
in a residence, such as a professional occupation, subject to 97-123.14.
An incorporated, non-profit organization operating under
recorded land agreements through which:
A wind energy conservation system (WECS) in which turbine
rotor blades are secured on a horizontal axis. HAWT are designed for
tower mounted installation.
A facility offering transient overnight lodging accommodations
to the general public and which may include additional facilities
and services, such as restaurants, meeting rooms, entertainment, personal
services, and recreational facilities.
That percentage of the plot or lot area which is improved
and covered with any principal or accessory building, use, structure,
or other improvement, including but not limited to parking lots, patios,
driveways, sidewalks, swimming pools, concrete pavers, pervious pavers,
and other paving. Improved lot coverage shall include porches, decks,
balconies and cantilevered parts of a building at any level.
A permanent building or structure that becomes part of, or
is affixed to a lot, parcel or principal or accessory building or
structure.
A residential housing development in which a percentage of
the housing units is provided for a reasonable income range of low
and moderate income households. The term may also mean housing developments
comprised completely of low and moderate income units.
A privately owned commercial establishment designed and equipped
for the conduct of leisure activities and other recreational activities
wholly within an enclosed building. Examples of such uses include
but are not limited to indoor play areas, training studios for martial
arts, gymnastics, and dance.
Nonprofit institutions limited to churches, public and private
schools, libraries and other governmental uses.
Any area and/or structure used or intended to be used for
the selling, buying, storing or trading of used or discarded metal,
glass, paper, cordage, wood, rags, plastic, brush or any used or disabled
fixtures, vehicles, boats or equipment of any kind. The premises on
which the deposit or storage of any used, wrecked or otherwise disabled
vehicles, boats or other parts occurs for a period of one (1) month
or more shall be deemed to be a "junk-yard".
A commercial establishment where domesticated animals, dogs
and/or cats, are bred or boarded for an overnight time period.
The floor area within a residential structure to be used
for habitation, excluding cellars, attics, utility (heating and cooling)
rooms, garages and open porches, and in multifamily housing, excluding
common hallways.
An off-street space or berth, on the same lot with a building
or group of buildings, for the temporary parking of a commercial vehicle
while loading or unloading material.
The area contained in the lot lines of a lot, expressed in
terms of square feet or acres. Any portion of a lot included in a
street right-of-way shall not be included in calculating "lot area".
See Corner Lot.
The average horizontal distance between the front and rear
lot lines as measured from the midpoint of the front lot line, at
right angles or radially to the street line, to the rear lot line.
A lotline or portion thereof which is coexistent with a street
line. In the case of a street of undefined width, the lot line shall
be assumed to be parallel with the center line of the street at a
distance twenty-five (25) feet therefrom. In the case of corner lots
the smaller of the two (2) lotlines coexisting with street lines shall
be considered as the frontage.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot according to maps and plots of record filed with the county recorder.
The horizontal distance between the side lotlines measured
at right angles to its lot depth at a point which constitutes the
rear line of the required front yard space.
Housing subject to affordability controls and defined as
affordable according to the United States Department of Housing and
Urban Development or other recognized standards for home ownership
and rental, and occupied or reserved for occupancy by households with
a gross household income equal to 50 percent or less of the median
gross household income for households of the same size within the
housing region in which the housing is located.
Any process whereby the nature, size or shape of articles
or raw materials are changed or where articles are assembled or packaged.
A building or buildings that includes one or more dwelling
units above one or more non-residential uses on the ground floor.
Housing subject to affordability controls and defined as
affordable according to the United States Department of Housing and
Urban Development or other recognized standards for home ownership
and rental, and occupied or reserved for occupancy by households with
a gross household income equal to or more than 50 percent but less
than 80 percent of the median gross household income for households
of the same size within the housing region in which the housing is
located.
A building or group of buildings providing guest rooms, where
each unit has direct access to a parking space for use by that unit's
occupant, a public lobby, one (1) or more public dining rooms and
efficiency units, where the total number of such efficiency units
does not exceed twenty percent (20%) of the total number of guest
rooms. It may contain the following uses incidental to its operation:
meeting rooms, swimming pools, cabanas, cocktail lounges and sales
of newspapers, periodicals, souvenirs, cigars and cigarettes.
The elevation of the ground level in its natural state, before
construction, filling, or excavation.
Any practice which annoys, disturbs or interferes with one
in the possession and enjoyment of his/her property, rendering its
use or operation physically uncomfortable, e.g., excessive noise,
noxious odors, electronic radiation, vibrations, smoke discharge,
glare, improper drainage, etc.
A place where trees, shrubs, vines and other ornamental horticultural
products are grown and where incidental retail sales are made.
A privately operated establishment where four (4) or more
children under six (6) years of age are kept during the daytime while
parents or guardians are at work or otherwise engaged.
A licensed health facility where persons are housed and furnished
with meals and continued nursing care, in return for compensation,
under the general supervision of a licensed physician or registered
nurse; or a structure designed and used for the housing and care of
persons afflicted by illness or infirmity, before or following hospitalization,
especially the care of elderly, infirm or handicapped persons, in
which surgical facilities are not provided. A home for the sheltered
care of adult persons as defined by N.J.S.A. 30:11A-1 shall not be
considered a "nursing, rest or convalescent home," nor shall it be
permitted under this ordinance.
The specific purpose for which land or a building is used,
designed or maintained. A dwelling unit shall be construed to be occupied
if one (1) or more persons or a family customarily reside in said
dwelling unit overnight.
The ratio of area unimproved with man-made buildings, structures,
uses, and paving to total lot area.
Shall mean a designated outdoor area that is located on the
property of an existing restaurant or on the public sidewalk or the
right of way immediately adjacent to the property of an existing restaurant
where food and beverages that are normally offered to the public for
consumption inside the restaurant are offered and served to the public
for consumption in the designated outdoor area.
An off-street space available for the parking of a motor
vehicle, either within a structure or in the open, exclusive of driveways
or access drives. Private driveways for one- and two-family dwellings
may be considered off-street parking areas, provided that no portion
of such private driveway is within the street right-of-way line and
no home occupation is conducted upon the lot. A non-residential parking
space must have a means of ingress and egress and tandem parking is
not considered a valid parking space for any non-residential use.
The yard area adjacent to a principal structure covered by
brick, concrete or other material that is not covered by a permanent
roof.
Any use of land or buildings as permitted by this ordinance.
Includes any individual, firm, corporation, association,
partnership, business entity or organization of any kind or nature.
A commercial establishment where domesticated animals, dogs
and/or cats, are kept for a limited time period in which no overnight
boarding occurs.
A commercial establishment providing services for domesticated
animals, dogs and/or cats that may include bathing, cleaning, clipping
and grooming. No animals are boarded overnight.
A minimum contiguous land development project comprehensively planned as a single entity via a unitary site plan which contains one (1) or more residential housing types designed in accordance with § 97-123.6 so as to provide ample usable open space in proportion to the number of residents, which is laid out in a manner that preserves significant natural features.
[Added 3-26-85 by Ord. No. 3-85]
The offices of a dentist, physician, attorney, clergyman,
accountant, consultant, engineer, architect, insurance or real estate
agent or other similar professionals. Where such office is part of
a structure in which said professionals reside, the restrictions as
outlined under "home occupation" shall apply.
A portable structure or wheelbased structure built on a chassis,
which is either self-propelled or designed to be transported by traction,
which is intended by its manufacturer to be used as a temporary dwelling
for travel, camping or vacation purposes. "Recreational vehicles"
shall include camping trailers, motorized homes, travel trailers and
boat and snowmobile trailers, which are defined as follows:
CAMPING TRAILERA type of trailer that is designed and constructed with collapsible walls. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TRAVEL TRAILERA wheelbased vehicle built on a chassis designed to be hauled by traction.
BOAT AND SNOWMOBILE TRAILERSA wheelbased vehicle on a chassis designed to be hauled by traction, which is specifically designed for transporting items including but not limited to boats, snowmobiles, "ATVs", motorcycle dirtbikes, off-road vehicles and other conveyances not intended for on-road use.
An establishment where the principal use is the preparation
and sale of food to be served and consumed by patrons seated within
the establishment.
An establishment where the principal use is the preparation
and sale of food, and drinks, for consumption primarily outside the
confines of the principal building, or in an automobile parked upon
the premises. In addition thereto, indoor or outdoor seating may be
provided for the patrons within or adjacent to the principal building.
See Restaurant, Take-Out.
An establishment where the principal use is the preparation
and sale of food and drinks, to patrons for consumption primarily
outside the confines of the principal building, and where ordering
and pickup of food may also take place from an automobile drive-through.
In addition thereto, indoor or outdoor seating may be provided for
the patrons within or adjacent to the principal building.
The extent of the area occupied or intended to be occupied
for street purposes including the paved cartway, curbs, shoulders,
sidewalks, and areas for the placement of public utilities.
Any apparatus which is designed for the purpose of receiving
telephone, radio, microwave, satellite or similar signals, with the
exception of conventional television antennas.
[Added 8-9-83 by Ord. No. 15-83]
A visual barrier of plant materials as described in the definition
of "buffer strip," or appropriate fencing or other material which
may be agreed to by the Planning Board.
A residential building or group of buildings, together with
accessory structures and uses, having more than three (3) dwelling
units, designed for and intended to be occupied by persons who are
fifty-five (55) years of age or older, in a private communal setting,
except:
A facility intended to provide recreational, social, educational
and cultural activities for adults fifty-five years of age or older.
Land and building designed and used for the sale of fuel, lubricants and automotive accessories, which provides maintenance and minor repairs for motor vehicles, but not including body repairs and under no circumstances including storage of inoperable or wrecked vehicles. (See § 97-124.2.)
A line drawn parallel to a street line or lot line and drawn
through the point of a building nearest to the street or lot line.
The term "required setback" means a line that is established as a
minimum distance from a street line or lot line and within which a
building or part of a building, patio, deck or pool is not permitted
to extend towards the street or lot line in order to provide the required
yard. Setback lines shall be measured to the nearest portion of any
building on the premises.
[Amended 3-23-93 by Ord. No. 3-93]
One (1) or more buildings or parts thereof to be occupied
and used by more than one (1) enterprise for the conduct of business
as an integrated, comprehensively planned and managed area.
Please see definitions included in § 97-123.9 of this chapter.
An establishment similar to a restaurant, but limited to
the extent that no food is cooked on the premises other than heating
by a microwave oven, warming oven, or device that does not require
fire suppression or exhaust per the New Jersey Building Code. Additionally,
no drive-through windows exist on the premises, and seating for customers
does not exceed twelve (12).
Portable pools shall not be subject to the requirements of § 97-123.10 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed two (2) feet of water depth; do not exceed a water surface area of one hundred twenty (120) square feet; and do not require braces or supports.
An accessory structure in or above the ground, associated
with a residential dwelling unit or units and located on an individual
residential lot, which is permanently established and maintained upon
the premises for the residents and the guests of their household.
Include either outdoor or indoor pools which are artificially
constructed to provide recreational facilities for swimming, bathing
or wading.
A non-residential parking space in which automobiles are
stacked one behind another, so that one automobile must be moved for
full access and egress.
An establishment where the principal use of the building
is for the sale and on-site consumption of alcoholic beverages, which
may also offer use of certain amusement machine devices, and a limited
menu of prepared food items to be consumed by patrons seated within
the establishment.
Any container, storage unit or portable structure (commonly
known as PODS®) designed to be used
on a temporary basis and without a foundation for the purpose of storing
tangible property and not for occupancy by persons.
A use permitted only as part of any approved automobile service station (§ 97-124.2), which moves disabled vehicles. No towing equipment shall be parked or stored outside overnight.
An attached single-family dwelling unit in a line of three
(3) or more connected dwellings, each separated by a fire wall and
having direct access to a private fenced-in outdoor living space in
addition to either private garages or common carports and auxiliary
open areas. Each single-family unit may have one (1) or two (2) stories,
but nothing in this definition shall be construed to allow one (1)
dwelling unit over the other.
A temporary structure utilized on a construction site as
a field office or for the storage of materials to be removed upon
completion of a construction project.
Any vehicles designed, equipped or used for sleeping or living
or eating and designed to be moved from place to place on wheels and
to be propelled on its own power or propelled by another vehicle.
Any vehicle designed to be moved from place to place on wheels
and to be propelled on its own power or propelled by another vehicle,
whose purpose is primarily for storage of equipment, materials or
machinery.
The area necessary in a parking lot for maneuvering vehicles
into and out of parking stalls and, in other areas, the space provided
for vehicles to turn around.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
A use which is customarily associated with and subordinate
to the principal use of the lot or a building and which is located
on the same lot therewith.
Any place out of doors where two (2) or more used motor vehicles
are displayed, or offered for sale or lease.
A wind energy conservation system (WECS), also known as an
"egg beater" style wind turbine, that produces energy from a vertical
axis. VAWT are capable of being secured as a tower or roof mounted
installation.
A horizontal axis wind turbine (HAWT) or vertical axis wind
turbine (VAWT) that converts wind energy into electricity through
use of a wind turbine generator and includes such elements as a wind
turbine generator hub, blade or rotor, tower and transformer.
An open, unoccupied space extending across the full width
of the lot and lying between the street line and building setback
line. The depth of the "front yard" shall be measured horizontally
at right angles from the street line, or radially on a curved street,
to the building line.
An open, unoccupied space extending the full width of the
lot between the main building and the rear lot line. The depth of
the "rear yard" shall be measured horizontally from the nearest part
of the main building toward the nearest point of the rear lot line.
An open, unoccupied space extending from the front yard to
the rear yard between the main building and each side lot line. The
width of the required "side yard" shall be measured horizontally at
right angles from the nearest point on the side lot line toward the
nearest part of the main building.
Within the R-1 Single-Family Residential District the following
standards shall apply:
A.
Permitted uses.
B.
Within the R-2 Single-Family Residential District the following
standards shall apply:
A.
Permitted uses: the same uses as permitted in the R-1 District, § 97-119.1A, except that cluster development shall not be permitted in the R-2 District.
B.
Permitted accessory uses, buildings and structures: the same accessory uses, buildings and structures as permitted in the R-1 District, § 97-119.1B.
Within the R-3 Village Residential District the following standards
shall apply:
A.
B.
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
Within the R-4 Senior Citizen Residential District the following
standards shall apply:
A.
Permitted uses.
1.
Single-family detached dwellings.
2.
Senior citizen projects at a density not to exceed ten (10) dwelling
units for each acre of land within the site.
3.
Public parks, playgrounds and recreation sites.
4.
Private clubs and recreation facilities.
5.
Public buildings essential to the health, safety and welfare of the
community.
B.
Permitted accessory uses, buildings and structures: the same accessory uses, buildings and structures as permitted in the R-3 District, § 97-119.3B.
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
D.
Conditional uses. The following uses are subject to the conditions contained in § 97-124 of this ordinance:
1.
The same conditional uses as permitted in the R-2 District (§ 97-119.2D).
[Added 3-26-85 by Ord. No. 3-85]
Within the VC-2 Village Center District the following standards
shall apply:
[Added 3-26-85 by Ord. No. 3-85]
Within the VC-3 Village Center District the following standards
shall apply:
Within the C-1 Village Commercial District the following standards
shall apply:
A.
Permitted uses.
3.
Business and professional offices.
5.
Laundry and dry cleaning, including self-service but not commercial
laundries.
6.
Assembly halls, theaters, bowling alleys, tennis courts, racquet
ball courts, health/fitness centers, gymnasiums, and similar recreational
uses, provided that their activities occur entirely within an enclosed
building.
[Amended 3-23-93 by Ord. No. 3-93]
7.
Governmental buildings and uses other than storage yards for the
maintenance and service of equipment.
8.
Public transit stations and terminals.
9.
Shopping centers.
10.
Parking lots or structures for private passenger vehicles.
11.
Schools for art, music and dance.
12.
Nonprofit clubs, lodges, social and fraternal organizations.
13.
Child day care centers
14.
Brewery/winery/distillery.
[Added 9-24-2019 by Ord. No. 2019-21]
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
D.
Conditional uses. The following are subject to the conditions contained in § 97-124 of this ordinance:
1.
Automotive service stations.
2.
Churches and places of worship and religious instruction.
3.
Restaurants and taverns.
4.
Private preschools and public and private schools.
5.
Public utilities.
6.
Funeral parlors.
[Added 7-14-87 by Ord. No. 10-87]
7.
Mixed-use developments.
8.
Animal Hospitals.
[Added 05-27-14 by Ord. No. 12-14]
E.
Additional requirements.
[Amended 5-9-06 by Ord. No. 13-06]
1.
Buffer strip. Where the property line of a non-residential lot abuts a residential zone or a residential land use, a strip of land at least ten (10) feet in width adjacent to the abutting zone line or property line shall be kept free of any building, structure, use, development or improvement, except sidewalks and landscaped improvements are permitted. Landscaped improvements shall be densely planted as a buffer strip as defined in this ordinance. Additional screening shall be provided in conjunction with § 97-123.7C(11).
Within the C-2 Turnpike Commercial District the following standards
shall apply:
A.
B.
Permitted accessory uses, buildings, and structures: the same accessory uses, buildings, and structures as permitted in the C-1 District, § 97-119.9B.
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
Within the C-3 Neighborhood Commercial District the following
standards shall apply:
A.
B.
Permitted accessory uses, buildings, and structures. The same accessory uses, buildings and structures permitted in the C-1 District, § 97-119.9B.
C.
Area and bulk requirements: as specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
Within the I Limited Manufacturing-Industrial District the following
standards shall apply:
A.
Permitted uses.
1.
Uses of a light manufacturing nature.
a.
Manufacturing of light machinery, and fabrication of metal,
paper and wood products, provided that all manufacturing and fabrication
activities are contained within enclosed structures
b.
Fabrication of plastic products of a low or moderate hazard
classification as set forth in the Building Code, provided that all
fabrication activities are contained within enclosed structures.
c.
Food and associated industries comprised of baking, bottling,
processing or manufacturing, provided that all activities are contained
within enclosed structures
d.
Scientific or research laboratories comprising any of the following:
biological, chemical, dental, electronic, pharmaceutical and general
research.
2.
Storage buildings, warehouses and wholesale distribution centers,
provided that such activities are conducted entirely within an enclosed
structure or are conducted in open yard areas which are screened from
view of adjacent lots or roads.
3.
Office buildings for executive or administrative purposes.
4.
Government buildings and government uses, by a Municipal, County,
State or Federal Agency or authority.
[Amended 3-23-93 by Ord. #3-93]
5.
Lumber or building material yards and fuel dealers' and contractors'
storage yards, where such storage is not visible at the street line.
6.
Automotive repair, excluding auto body work.
7.
Facilities used for assembly halls, theaters, bowling alleys,
tennis courts, racquet ball courts, health/fitness centers, gymnasiums
and similar recreational uses provided that their activities are carried
on entirely within the enclosed building.
[Amended 3-23-93 by Ord. No. 3-93]
8.
Child day care centers.
9.
Brewery/winery/distillery.
[Added 9-24-2019 by Ord. No. 2019-21]
B.
Permitted accessory uses:
2.
Food vending machines and snack shops where food is consumed by patrons of facilities permitted per § 97-119.12A2 and 7.
C.
Area and bulk requirements. As specified in § 97-117.2 and contained in the zoning schedule located at the end of this chapter.
E.
Other requirements for industrial uses.
1.
Buffering and landscaping. Where the property line of an industrial
lot abuts or is across the street from a residential use or residential
zone, a fifty-foot (50) wide strip of land in the yard area nearest
to the abutting property line or zone line shall be kept free from
any building, development or improvement, except for landscaping which
shall include a buffer strip or fence as defined in this ordinance.
2.
Storage and waste disposal.
a.
No highly flammable or explosive liquids, solids or gases shall
be stored in bulk above ground. Their location and construction shall
comply with the safety standards of the Fire Prevention Bureau.
b.
All outdoor storage facilities for raw materials and products
shall be clearly incidental to and necessary to support the principal
permitted use and building on the property and shall be enclosed by
a fence no higher than eight (8) feet and adequate to conceal the
facilities from the adjacent properties.
c.
No materials or wastes shall be deposited upon a lot in such
a form or manner that may be transferred off the lot by natural causes
or force.
d.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only in closed containers.
F.
Performance requirements for industrial uses. If the performance
characteristics of any proposed industrial use are questionable, a
building permit may be withheld until the applicant for such a use
shall, at the request of the Planning Board, furnish the following:
1.
A report, in accordance with performance standards covered in §§ 97-85 and 97-123.8, prepared by competent technical experts showing that at no time will such use cause or result in any:
a.
Dissemination of dust, smoke, smog, observable gas, fumes or
odors or other atmosphere pollution, glare, heat, noise, radiation
or vibration beyond the boundaries of the lot on which it is located.
b.
Hazard of fire or explosion or other physical hazard to any
adjacent building or to any plant growth on any land adjacent to the
site of the use.
c.
Hauling of materials, goods or products to or from the site
of the use in a volume or manner materially incongruous with the normal
traffic on the streets in the neighborhood.
d.
Dissemination or discharge of thermal energy, chemicals, waste
or other matter, except stormwater runoff directly or indirectly into
a stream, pond or any natural body of water.
2.
A site plan with a detailed description of the proposed industrial
process and its products accompanied by approval from the Sewer Authority.
3.
Any process which may involve the creation or emission of any
odors shall be provided with a secondary safeguard system so that
control will be maintained if the primary system should fail.
[Amended 3-13-90 by Ord. No. 2-90]
Within the AH Affordable Housing District the following standards
shall apply:
A.
Permitted uses in an AH Zone. A building may be erected or used and
a lot may be used or occupied for townhouse and multi-family residential
dwelling units.
B.
Permitted accessory uses in an AH Zone. Permitted accessory uses
in an AH zone are off street parking, recreation facilities, fences,
signs, and other customary accessory uses and buildings which are
clearly incidental to the principle use and building.
C.
Permitted Uses in a CAH Zone. A building shall be used and property
developed for all uses permitted in a "AH" zone.
1.
Alternatively, a building may be used and property developed
for all uses permitted in a "C-1" zone, provided that there is compliance
with the additional requirements established for development in a
CAH Commercial Affordable Housing District.
D.
Additional requirements for development in an AH Affordable Housing
District.
1.
Inclusionary development set aside. An affordable housing set
aside shall be applied to all dwelling units in a development in the
AH District in accordance with all current regulations of the New
Jersey Council on Affordable Housing (COAH). All development shall
also be subject to 97-120, Affordable Housing Controls of the Borough
of Waldwick Land Use and Development Code.
[Added 5-13-97 by Ord. No. 11-97]
A.
All the provisions applicable to the AH Affordable Housing District as set forth in § 97-119.13 of the Municipal Code shall apply to the AH-1 Affordable Housing District.
B.
All other definitions which were set forth in the Borough of Waldwick Land Use and Development Code including § 97-118.3 entitled "Definitions and Word Usage" shall apply to the AH-1 Affordable Housing District created by this Ordinance and are incorporated by reference herein.
[Added 5-13-97 by Ord. No. 11-97]
[Added 10-9-2018 by Ord.
No. 18-2018]
The AHO-1 Zone shall encompass the entire VC-3 Zone and a portion
of the VC-2 Zone on the east side of the New Jersey Transit railroad
tracks. Within the AHO-1 Zone, the following standards shall apply:
A.
Permitted uses in the AHO-1 Zone. In addition to any use permitted
in the underlying zone district, the following uses shall be permitted:
1.
Multifamily residential.
2.
Mixed-use development. Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the C-1 District as listed in § 97-119.9A1, 2, 3, 4, and 13: retail trade stores, service uses, business and professional offices, personal services and child day-care centers. Dwelling units in a mixed-use development shall only be permitted on upper floors.
B.
Required conditions. The regulations of the underlying zone district
are still applicable. However, properties within this overlay zone
may also be developed with multifamily residential or mixed-use development
in accordance with the following requirements:
1.
Minimum lot area: 10,000 square feet.
2.
Minimum lot frontage: 75 feet.
3.
Minimum front yard setback: five feet.
4.
Minimum side yard setback: five feet.
5.
Minimum rear yard setback: 20 feet.
6.
Maximum building coverage: 40%.
7.
Maximum impervious coverage: 85%.
8.
Maximum building height: three stories/42 feet.
9.
Maximum gross residential density: 10 dwelling units/acre.
10.
Residential parking: per New Jersey Residential Site Improvement
Standards.
11.
Nonresidential parking: one space per 250 square feet of floor
area.
C.
Affordable housing requirements. Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20% of the dwelling units in the development, except that the minimum set-aside shall be 15% where affordable rental units are provided. Of these, at least half must be reserved for, and affordable to, low-income households. A minimum of 13% of the affordable units shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to § 97-120, Affordable Housing Controls, of the Borough of Waldwick Land Use and Development Code.
[Added 10-9-2018 by Ord.
No. 18-2018]
The AHO-2 Zone includes two properties located a short distance
from the Borough's central business district, Block 101, Lot 6.01
and Block 109.02, Lot 6.04. Within the AHO-2 Zone, the following standards
shall apply:
A.
Permitted uses in the AHO-2 Zone. In addition to any use permitted in the underlying zone district, mixed-use development shall be permitted. Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the C-1 District as listed in § 97-119.9A1, 2, 3, 4, and 13: retail trade stores, service uses, business and professional offices, personal services and child day-care centers. Dwelling units in a mixed-use development shall only be permitted on upper floors, except that ground-floor dwelling units shall be permitted on the portion of the property located more than 80 feet from any public street.
B.
Required conditions. The regulations of the underlying zone district
are still applicable. However, properties within this overlay zone
may also be developed in accordance with the following requirements:
1.
Minimum lot area: 30,000 square feet.
2.
Minimum lot frontage: 200 feet.
3.
Minimum front yard setback: 10 feet.
4.
Minimum side yard setback: 15 feet.
5.
Minimum rear yard setback: 30 feet.
6.
Maximum building coverage: 35%.
7.
Maximum impervious coverage: 85%.
8.
Maximum building height: three stories/42 feet.
9.
Maximum gross residential density: 10 dwelling units/acre.
10.
Residential parking: per New Jersey Residential Site Improvement
Standards.
11.
Nonresidential parking: one space per 250 square feet of floor
area.
C.
Affordable housing requirements. Low- and moderate-income dwelling units shall be provided in accordance with this subsection. The minimum affordable housing set-aside shall be 20% of the dwelling units in the development, except that the minimum set-aside shall be 15% where affordable rental units are provided. Of these, at least half must be reserved for, and affordable to low-income households. A minimum of 13% of the affordable units shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing and any other relevant state regulations. All development including affordable dwelling units shall also be subject to § 97-120, Affordable Housing Controls, of the Borough of Waldwick Land Use and Development Code.
[Amended 10-9-2018 by Ord. No. 18-2018; 3-26-2019 by Ord. No. 2019-08; 8-16-2022 by Ord. No. 2022-21]
A.
Affordable housing obligation.
(1)
BE IT ORDAINED by the governing body of the Borough of Waldwick,
Bergen County, New Jersey, that the Code of the Borough of Waldwick
is hereby replaced to include provisions addressing Waldwick's constitutional
obligation to provide for its fair share of low- and moderate-income
housing, as directed by the Superior Court and consistent with N.J.A.C.
5:93-1 et seq.,[1] as amended and supplemented, N.J.A.C. 5:80-26.1 et seq.,
as amended and supplemented, and the New Jersey Fair Housing Act of
1985. This section is intended to provide assurances that low- and
moderate-income units are created with controls on affordability over
time and that low- and moderate-income households shall occupy those
units. This section shall apply except where inconsistent with applicable
law.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq.
expired 10-16-2016.
(2)
The Borough of Waldwick Planning Board has adopted a Housing
Element and Fair Share Plan pursuant to the Municipal Land Use Law
at N.J.S.A. 40:55D-1 et seq. The Housing Element and Fair Share Plan
have been endorsed by the governing body. This section implements
and incorporates the adopted and endorsed Housing Element and Fair
Share Plan and addresses the requirements of N.J.A.C. 5:93-1 et seq.,
as amended and supplemented, N.J.A.C. 5:80-26.1 et seq. as amended
and supplemented, and the New Jersey Fair Housing Act of 1985.
(3)
The Borough of Waldwick shall provide annual reporting of its
Affordable Housing Trust Fund activity to the New Jersey Department
of Community Affairs, Council on Affordable Housing or Local Government
Services, or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing or
Local Government Services. The reporting shall include an accounting
of all Affordable Housing Trust Fund activity, including the source
and amount of funds collected and the amount and purpose for which
any funds have been expended.
(4)
The Borough of Waldwick shall provide annual reporting of the
status of all affordable housing activity within the municipality
through posting on the municipal website, with copies provided to
Fair Share Housing Center, using forms previously developed for this
purpose by the Council on Affordable Housing or any other forms endorsed
by the Court-appointed Special Master and Fair Share Housing Center.
(5)
For the midpoint realistic opportunity review due on July 1,
2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough of
Waldwick shall post on its municipal website, with copies provided
to Fair Share Housing Center, a status report as to its implementation
of its Plan and an analysis of whether any unbuilt sites or unfulfilled
mechanisms continue to present a realistic opportunity. Such posting
shall invite any interested party to submit comments to the municipality,
with copies provided to Fair Share Housing Center, regarding whether
any sites no longer present a realistic opportunity and should be
replaced. Any interested party may by motion request a hearing before
the Court regarding these issues.
(6)
Every three years, the Borough of Waldwick will post on its
municipal website, with copies provided to the Fair Share Housing
Center, a status report as to its satisfaction of its very-low-income
requirements, including the family very-low-income requirements referenced
herein. Such posting shall invite any interested party to submit comments
to the municipality, with copies provided to the Fair Share Housing
Center, on the issue of whether the municipality has complied with
its very-low-income housing obligation.
B.
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENTS
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
MULTIFAMILY UNIT
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms when used in this section shall
have the meanings given in this subsection:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low-or moderate-income
household as defined in N.J.A.C. 5:93-7.4[4]; in the case of an ownership unit, that the sales price
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
as may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in or approved pursuant to the Housing
Element and Fair Share Plan, or otherwise intended to address the
Borough's fair share obligation and includes, but is not limited to,
an inclusionary development, a municipal construction project or a
100% affordable development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act and
approved for crediting by the Court and/or funded through an affordable
housing trust fund, (housing unit proposed or created pursuant to
the Act, credited pursuant to N.J.A.C. 5:97-4,[5] and/or funded through an affordable housing trust fund.)
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to weatherization, roofing, plumbing (including
wells), heating, electricity, sanitary plumbing (including septic
systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH or a successor entity approved by the
Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
A structure containing five or more dwelling units.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as calculated pursuant to § 97-120G(4)(a)[1].
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, "rent" does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
C.
Applicability. The provisions of this section shall apply to all
affordable housing developments and affordable housing units that
currently exist and that are proposed to be created within the Borough
of Waldwick pursuant to the Borough's most recently adopted Housing
Element and Fair Share Plan.
D.
Affordable housing programs. The Borough of Waldwick has determined
that it will use the following mechanisms to satisfy its affordable
housing obligations:
(1)
A rehabilitation program.
(a)
County of Bergen CDBG rehabilitation program shall be designed
to renovate deficient housing units occupied by low- and moderate-income
households such that, after rehabilitation, these units will comply
with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(b)
Both owner-occupied and renter-occupied units shall be eligible
for rehabilitation funds.
(c)
All rehabilitated units shall remain affordable to low- and
moderate-income households for a period of 20 years (the control period).
For owner-occupied units the control period will be enforced with
a lien and for renter-occupied units the control period will be enforced
with a deed restriction.
(d)
The Borough of Waldwick shall dedicate a minimum of $10,000
for each unit to be rehabilitated through this program, reflecting
the minimum hard cost of rehabilitation for each unit.
(e)
The Borough of Waldwick shall designate, subject to the approval
of COAH, one or more administrative agents to administer the rehabilitation
program in accordance with N.J.A.C. 5:96[6] and N.J.A.C. 5:97.[7] The administrative agent(s) shall provide a rehabilitation
manual for the owner occupancy rehabilitation program and a rehabilitation
manual for the rental occupancy rehabilitation program to be adopted
by resolution of the governing body and subject to approval of COAH.
Both rehabilitation manuals shall be available for public inspection
in the Office of the Municipal Clerk and in the office(s) of the administrative
agent(s).
(f)
Units in a rehabilitation program shall be exempt from N.J.A.C.
5:97-9[8] and Uniform Housing Affordability Controls (UHAC), but
shall be administered in accordance with the following:
[1]
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
[2]
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
[3]
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:97-9.
[4]
Applicant and/or tenant households shall be certified as income-
eligible in accordance with N.J.A.C. 5:97-9 and UHAC, except that
households in owner-occupied units shall be exempt from the regional
asset limit.
[8]
Editor's Note: N.J.A.C. 5:97 is reserved.
(2)
A supportive and special needs housing unit program.
(a)
All supportive and special needs housing units shall meet the
following conditions:
[1]
Supportive and special needs housing units shall be permitted
in the VC-2 Village Center District, the VC-3 Village Center District
and the C-1 Village Commercial District. Supportive and special needs
housing includes, but is not limited to: residential health care facilities
as licensed and/or regulated by DCA or the New Jersey Department of
Health and Senior Services if the facility is located with, and operated
by, a licensed health care facility; group homes for people with developmental
disabilities and mental illness as licensed and/or regulated by the
New Jersey Department of Human Services; permanent supportive housing;
and supportive shared living housing. Long-term health care facilities
including nursing homes, and Class A, B, C, D, and E boarding homes
do not qualify as supportive and special needs housing.
[2]
Supportive and special needs housing shall comply with all applicable
statutes and regulations of the State of New Jersey in addition to
all building codes.
[3]
The following provisions shall apply to permanent supportive
housing, group homes, residential health care facilities and supportive
shared living housing:
[a]
The unit of credit shall be the unit for permanent
and supportive housing, but shall be the bedroom for group homes,
residential health care facilities and supportive shared living housing.
[c]
Units/occupancy shall not be restricted to youth
under 18 years of age.
[d]
All sites shall meet the site suitability criteria
set forth in N.J.A.C. 5:97-3.13.
[e]
The municipality or developer/sponsor shall have
site control or the ability to control the site(s).
[f]
The bedrooms and/or units shall comply with N.J.A.C.
5:97-9 and UHAC with the following exceptions:
[i]
Affirmative marketing (N.J.A.C. 5:80-26.15); however,
group homes, residential health care facilities, permanent supportive
housing and supportive shared living housing shall be affirmatively
marketed to individuals with special needs in accordance with a plan
approved by the Council's Executive Director;
[ii]
Affordability average and bedroom distribution
(N.J.A.C. 5:80-26.3); and
[iii]
With the exception of units established with
capital funding through a twenty-year operating contract with the
Department of Human Services, Division of Developmental Disabilities,
group homes, residential health care facilities, supportive shared
living housing and permanent supportive housing shall have the appropriate
controls on affordability in accordance with N.J.A.C. 5:97-9.
[4]
The following documentation shall be submitted prior to marketing
the completed units or facility:
[a]
An affirmative marketing plan in accordance with Subsection D(2)(a)[3] above; and
[b]
If applicable, proof that the supportive and/or
special needs housing is regulated by the New Jersey Department of
Health and Senior Services, the New Jersey Department of Human Services
or another state agency in accordance with the requirements of this
section, which includes validation of the number of bedrooms or units
in which low- or moderate-income occupants reside.
[c]
Municipal building permit fees shall be waived
in all cases involving permanent supportive housing, group homes,
residential health care facilities and supportive shared living housing
development under this section.
(3)
Inclusionary housing requirements for rezonings, variances and
redevelopment or rehabilitation plans. Any development that produces
a net increase of five or more new multifamily residential units as
a result of a rezoning, Zoning Board approval, or a new or amended
redevelopment or rehabilitation plan shall produce low- and moderate-income
housing on-site or elsewhere in the Borough or pay a fee in lieu of
providing affordable units. The number of affordable units to be provided
or in lieu payment shall be equal to 20 percent of the residential
units in the development, or 15 percent for affordable rental units.
The amount of the payment in lieu of providing housing shall be as
determined by the appropriate rules of the New Jersey Council on Affordable
Housing and any other relevant state regulations. This requirement
does not give any applicant the right to any such rezoning or similar
relief. Any affordable units created in accordance with this section
shall be administered in accordance with UHAC and have deed restrictions
of at least 30 years.
E.
Alternative living arrangements.
(1)
The administration of an alternative living arrangement shall
be in compliance with N.J.A.C. 5:93-5.8[10] and UHAC, with the following exceptions:
(a)
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however,
that the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the Court.
(b)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
[10]
Editor's Note: The provisions of N.J.A.C. 5:93-1.1 et seq.
expired 10-16-2016.
(2)
With the exception of units established with capital funding
through a twenty-year operating contract with the Department of Human
Services, Division of Developmental Disabilities, alternative living
arrangements shall have at least thirty-year controls on affordability
in accordance with UHAC, unless an alternative commitment is approved
by the Court.
(a)
The service provider for the alternative living arrangement
shall act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
F.
Phasing schedule for inclusionary zoning. In inclusionary developments
the following schedule shall be followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25 + 1 unit
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
G.
New construction.
(1)
The following general guidelines apply to all newly constructed
developments that contain low-and moderate-income housing units, including
any currently unanticipated future developments that will provide
low- and moderate-income housing units.
(a)
Low-/moderate-income split and bedroom distribution of affordable
housing units:
[1]
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit. At least 13% of all restricted units shall be very-low-income
units (affordable to a household earning 30% or less of median income).
The very-low-income units shall be counted as part of the required
number of low-income units within the development, and shall be within
each bedroom distribution.
[2]
At least 25% of the obligation shall be met through rental units,
including at least half in rental units available to families.
[3]
A maximum of 25% of the Borough's obligation may be met with
age-restricted units. At least half of all affordable units in the
Borough's Plan shall be available to families.
[4]
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
[5]
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[a]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[b]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[c]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[d]
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
[6]
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
(2)
Accessibility requirements:
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[1]
An adaptable toilet and bathing facility on the first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel on the first floor;
[4]
An interior accessible route of travel shall not be required
between stories within an individual unit;
[5]
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
[6]
If not all of the foregoing requirements in Subsection G(2)(b)[1] through [4] can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection G(2)(b)[1] through [4] above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
[7]
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Borough of Waldwick
has collected funds from the developer sufficient to make 10% of the
adaptable entrances in the development accessible:
[a]
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b]
To this end, the builder of restricted units shall
deposit funds within the Borough of Waldwick's affordable housing
trust fund sufficient to install accessible entrances in 10% of the
affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection G(2)(b)[7][b] above shall be used by the Borough of Waldwick for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Borough
of Waldwick.
[e]
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7
(and N.J.A.C. 5:97-3.14), and that the cost estimate of such conversion
is reasonable, payment shall be made to the Borough of Waldwick's
affordable housing trust fund in care of the Municipal Treasurer (Chief
Financial Officer) who shall ensure that the funds are deposited into
the affordable housing trust fund and appropriately earmarked.
[f]
Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is site impracticable
to meet the requirements. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7
(and N.J.A.C. 5:97-3.14).
(4)
Maximum rents and sales prices.
(a)
In establishing rents and sales prices of affordable housing
units for which income limits are not already established through
a federal program exempted from the Uniform Housing Affordability
Controls pursuant to N.J.A.C. 5:80-26.1, the administrative agent
shall utilize the regional income limits calculated by the Borough
of Waldwick, which shall be updated by the Borough annually within
30 days of the publication of determinations of median income by HUD
as follows:
[1]
Regional income limits shall be established for the region that
the Borough is located within (i.e., Region 1) based on the median
income by household size, which shall be established by a regional
weighted average of the uncapped Section 8 income limits published
by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial Census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial Census in the Borough's
housing region. This quotient represents the regional weighted average
of median income for a household of four. The income limit for a moderate-income
unit for a household of four shall be 80% of the regional weighted
average median income for a family of four. The income limit for a
low-income unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
[2]
The income limits attached hereto as Exhibit C are the result of applying the percentages set forth in Subsection G(4)(a) above to HUD's determination of median income for FY 2017, and shall be utilized until the Borough updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
[3]
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Borough annually by taking the percentage increase of the income limits calculated pursuant to Subsection G(4)(a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units provided that at least 13%
of all low- and moderate-income rental units shall be affordable to
very-low-income households earning no more than 30% of median income.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
(e)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities and age-restricted developments, the
following standards shall be used:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
(g)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size including an allowance for tenant-paid utilities, as
determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(i)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(j)
The rent of low- and moderate-income units may be increased
annually based on the permitted percentage increase in the Housing
Consumer Price Index for the United States. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low- income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
(k)
For any affordable housing unit that is part of a condominium
association and/or homeowner's association, the master deed shall
reflect that the association fee assessed for each affordable housing
unit shall be established at 100% of the market-rate fee.
H.
Utilities.
(1)
Affordable units shall utilize the same type of heating source
as market units within an inclusionary development.
(2)
Tenant-paid utilities that are included in the utility allowance
shall be so stated in the lease and shall be consistent with the utility
allowance approved by DCA for its Section 8 program.
I.
Affirmative marketing requirements.
(1)
The Borough of Waldwick shall adopt by resolution an Affirmative
Marketing Plan, subject to approval of the Court that is compliant
with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
(2)
The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being
marketed by a developer, sponsor or owner of affordable housing. The
affirmative marketing plan is also intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs all marketing
activities toward Housing Region 1 and covers the period of deed restriction.
(3)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 1 comprised
of Bergen, Hudson, Passaic and Sussex Counties.
(4)
The municipality has the ultimate responsibility for adopting
the Affirmative Marketing Plan and for the proper administration of
the affirmative marketing program, including initial sales and rentals
and resales and re-rentals. The administrative agent designated by
the Borough of Waldwick shall implement the Affirmative Marketing
Plan to assure the affirmative marketing of all affordable units.
(5)
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(6)
The Affirmative Marketing Plan shall describe the media to be
used in advertising and publicizing the availability of housing. In
implementing the Affirmative Marketing Plan, the administrative agent
shall consider the use of language translations where appropriate.
(7)
The affirmative marketing process for available affordable units
shall begin at least four months (120 days) prior to the expected
date of occupancy.
(8)
All units being affirmatively marketed shall be listed on the
State Housing Resource Center website in accordance with applicable
law. The list of organizations to be the organizations set forth in
Paragraph 10 of the Settlement Agreement. The following community
and regional organizations shall be notified when affordable units
are available: Fair Share Housing Center, the New Jersey State Conference
of the NAACP, the Latino Action Network, the Bergen County Chapter
of the NAACP, and Bergen County Urban League. Any other entities,
including developers or persons or companies retained to do affirmative
marketing, shall comply with this subsection.
(9)
Applications for affordable housing shall be available in several
locations, including, at a minimum, the county administration building
and/or the county library for each county within the housing region;
the municipal administration building and the municipal library in
the municipality in which the units are located; and the developer's
rental office. Pre-applications shall be emailed or mailed to prospective
applicants upon request.
(10)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by Borough of Waldwick.
J.
Occupancy standards.
(1)
In referring certified households to specific restricted units,
to the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
(2)
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal operating manual.
K.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented. Each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years until the Borough
of Waldwick elects to release the unit from such requirements. Prior
to such action, a restricted ownership unit must remain subject to
the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
except that, for any units approved after October 13, 2016, such controls
shall be for at least 50 years, or until such time after the initial
fifty-year period as the Borough of Waldwick elects to release the
unit from such requirements.
(2)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the nonrestricted, fair market value of the unit based on either an
appraisal or the unit's equalized assessed value without the restrictions
in place.
(4)
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the administrative agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the requirements of this section, an amount equal to
the difference between the unit's nonrestricted fair market value
and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
(5)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
L.
Price restrictions for restricted ownership units, homeowner association
fees and resale prices.
(1)
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
(a)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(b)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(c)
The master deeds of inclusionary developments shall provide
no distinction between the condominium or homeowner association fees
and special assessments paid by low- and moderate-income purchasers
and those paid by market purchasers.
(d)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
M.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
Notwithstanding the foregoing, however, the administrative agent
may, upon approval by the Borough Council, and subject to the Court's
approval, permit moderate-income purchasers to buy low-income units
in housing markets if the administrative agent determines that there
is an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing and
pricing restrictions for low-income units.
(3)
A certified household that purchases a restricted ownership
unit must occupy it as the certified household's principal residence
and shall not lease the unit; provided, however, that the administrative
agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
(4)
The administrative agent shall certify a household as eligible
for a restricted ownership unit when the household is a low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
N.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the administrative agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the administrative agent
shall issue such determination prior to the owner incurring such indebtedness.
(2)
With the exception of original (first) purchase money mortgages,
during a control period neither an owner nor a lender shall at any
time cause or permit the total indebtedness secured by a restricted
ownership unit to exceed 95% of the maximum allowable resale price
of that unit, as such price is determined by the administrative agent
in accordance with N.J.A.C. 5:80-26.6(b).
O.
Capital improvements to ownership units.
(1)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that adds an additional bathroom. In no
event shall the maximum sales price of an improved housing unit exceed
the limits of affordability for the larger household.
(2)
Upon the resale of a restricted ownership unit, all items of
property that are permanently affixed to the unit or were included
when the unit was initially restricted (for example, refrigerator,
range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be
included in the maximum allowable resale price. Other items may be
sold to the purchaser at a reasonable price that has been approved
by the administrative agent at the time of the signing of the agreement
to purchase. The purchase of central air conditioning installed subsequent
to the initial sale of the unit and not included in the base price
may be made a condition of the unit resale provided the price, which
shall be subject to ten-year, straight-line depreciation, has been
approved by the administrative agent. Unless otherwise approved by
the administrative agent, the purchase of any property other than
central air conditioning shall not be made a condition of the unit
resale. The owner and the purchaser must personally certify at the
time of closing that no unapproved transfer of funds for the purpose
of selling and receiving property has taken place at the time of or
as a condition of resale.
P.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Waldwick
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit shall remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
except that, for any units approved after October 13, 2016, such controls
shall be for at least 50 years, or until such time after the initial
fifty-year period as the Borough of Waldwick elects to release the
unit from such requirements. For new projects receiving nine-percent
low-income housing tax credits, a control period of not less than
a thirty-year compliance period plus a fifteen-year extended use period
shall be required.
(2)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Bergen. The deed shall also identify each affordable
unit by apartment number and/or address and whether that unit is designated
as a very low, low or moderate income unit. Neither the unit nor its
affordability designation shall change throughout the term of the
deed restriction. A copy of the filed document shall be provided to
the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
Q.
Price restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental
units, except for units in an assisted living residence, and tenants
shall be responsible for security deposits and the full amount of
the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the administrative agent.
(2)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
(4)
No rent control ordinance or other pricing restriction shall
be applicable to either the market units or the affordable units in
any development in which at least 15% of the total number of dwelling
units are restricted rental units in compliance with this section.
R.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible
for a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from
an outside sources such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
S.
Municipal Housing Liaison.
(1)
The Borough of Waldwick hereby appoints a specific municipal
employee to serve as a Municipal Housing Liaison responsible for administering
the affordable housing program, including affordability controls,
the Affirmative Marketing Plan, monitoring and reporting, and, where
applicable, supervising any contracted administrative agent. Waldwick
shall adopt a resolution appointing a Municipal Housing Liaison. The
Municipal Housing Liaison shall be appointed by the governing body
and may be a full- or part-time municipal employee. The Municipal
Housing Liaison shall be approved by the Court and shall be duly qualified
through a training program sponsored by Affordable Housing Professionals
of New Jersey before assuming the duties of Municipal Housing Liaison.
(2)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Waldwick,
including the following responsibilities which may not be contracted
out to the administrative agent:
(a)
Serving as Waldwick's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents
and interested households;
(b)
Monitoring the status of all restricted units in Waldwick's
Fair Share Plan;
(c)
Compiling, verifying and submitting annual monitoring reports
as may be required by the Court;
(d)
Coordinating meetings with affordable housing providers and
administrative agents, as needed; and
(e)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing at least
annually and more often as needed.
(3)
Subject to the approval of the Court, the Borough of Waldwick
shall designate one or more administrative agent(s) to administer
newly constructed affordable units in accordance with UHAC. An operating
manual for each affordable housing program shall be provided by the
administrative agent(s) to be adopted by resolution of the governing
body and subject to approval of the Court. The operating manual(s)
shall be available for public inspection in the office of the Borough
Clerk, in the office of the Municipal Housing Liaison, and in the
office(s) of the administrative agent(s). The Municipal Housing Liaison
shall supervise the contracting administrative agent(s).
T.
Administrative agent.
(1)
The administrative agent shall be an independent entity serving
under contract to and reporting to the municipality. For new sale
and rental developments, all of the fees of the administrative agent
shall be paid by the owners of the affordable units for which the
services of the administrative agent are required. For resales, single-family
homeowners and condominium homeowners shall be required to pay 3%
of the sales price for services provided by the administrative agent
related to the resale of their homes. That fee shall be collected
at closing and paid directly to the administrative agent. The administrative
agent shall perform the duties and responsibilities of an administrative
agent as set forth in UHAC, including those set forth in §§ 5:80-26.14,
16 and 18 thereof, which include:
(a)
Affirmative marketing:
(b)
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Borough of Waldwick and the provisions of N.J.A.C. 5:80-26.15;
and
(c)
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 a random selection process as provided in the Affirmative
Marketing Plan of the Borough of Waldwick 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 Bergen
County 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)
Resales and re-rentals:
(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 re-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 re-rental.
(5)
Processing requests from unit owners:
(a)
Reviewing and approving requests for determination from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this section;
(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 depreciated cost of central air-conditioning
systems;
(c)
Notifying the municipality of an owner's intent to sell a restricted
unit; and
(d)
Making determinations on requests by owners of restricted units
for hardship waivers.
(6)
Enforcement:
(a)
Securing annually from the municipality a list 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 or other charges 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; and
(f)
Creating and publishing a written operating manual for each
affordable housing program administered by the administrative agent,
to be approved by the Borough Committee and the Court, setting forth
procedures for administering the affordability controls.
(7)
Additional responsibilities:
(a)
The administrative agent shall have the authority to take all
actions necessary and appropriate to carry out its responsibilities
hereunder.
(b)
The administrative agent shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time to meet any monitoring,
requirements and deadlines imposed by the Court.
(c)
The administrative agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
U.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
[1]
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
[2]
In the case of an owner who has rented his/her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Borough of Waldwick Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
[3]
In the case of an owner who has rented his/her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for and to the extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(5)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
Each of the provisions of this section shall apply to all zone
districts unless otherwise stated.
A.
Accessory buildings, structures, emergency generators, temporary
ADA ramps or uses as part of or incidental to principal buildings.
Any building, structure, emergency generator, temporary ADA ramps,
or use, or any part of a building, structure, or use attached to a
principal building, whether temporary or permanent, shall adhere to
the yard requirement for the principal building except as indicated
herein.
[Amended 05-27-14 by Ord. 13-14; 5-25-2021 by Ord. No. 2021-12]
B.
Construction after principal building. No accessory building, structure
or use may be built on any lot on which there is no principal building
or structure.
C.
Distance from adjacent buildings. No portion of an accessory building, structure, or use (except for utility sheds as regulated by § 97-121.2I and temporary ADA ramps as regulated by § 97-121.2K) shall be no closer to an adjacent building on the same lot than ten (10) feet or the height of said accessory building, whichever is greater.
[Amended 5-25-2021 by Ord. No. 2021-12]
D.
Distance from property lines. No accessory building, structure, emergency generator, or use (except for utility sheds as regulated by § 97-121.2l and temporary ADA ramps as regulated by § 97-121.2K) shall be located within the front yard. Accessory buildings, structures, emergency generators, or uses shall comply with the minimum distance from the side and rear property lines as contained in the schedule.
[Amended 05-27-14 by Ord. 13-14; 5-25-2021 by Ord. No. 2021-12]
E.
Height. No accessory building, structure, or use (except for utility
sheds as regulated by 97-121.2I) shall exceed one (1) story or the
height contained in the schedule for the district in which it is located,
except for accessory buildings, structures, or uses constructed in
connection with agricultural uses.
F.
Area of accessory buildings, structures or uses. The total ground
floor area of all accessory buildings, structures, or uses shall not
exceed the ground floor area of the principal building and may not
occupy more than twenty-five percent (25%) of the required rear yard,
whichever is smaller. Agricultural and horticultural buildings, structures
or uses may be excluded from these requirements.
G.
Corner and Flag lots. Accessory buildings, structures, emergency
generators, or uses on corner and flag lots may not be erected nearer
to the street than the front yard required on the adjacent lot.
[Amended 05-27-14 by Ord. 13-14]
H.
Dwellings prohibited. No accessory building, structure, or use shall
be used as a dwelling.
I.
Utility sheds. A utility shed shall be exempt from the provision of § 97-121.2C, D and E, provided that it is located on a lot whose principal building is a residence; and it is located no closer than ten (10) feet to any adjacent building; and it is located in the rear yard at a minimum three-foot setback from the rear lot line and interior side line. No utility shed shall be greater than ten (10) feet in height, or larger than one hundred forty-four (144) square feet.
[Added 6-10-86 by Ord. No. 15-86]
J.
Except during the course of an emergency, emergency generators shall
only be utilized or tested between 9:00 am and 8:00 pm any day of
the week.
[Added 05-27-14 by Ord. 13-14]
K.
K. Temporary
ADA Ramps. A temporary ADA ramp shall be exempt from the provision
of §97-121.C, D, and G, provided that:
[Added 5-25-2021 by Ord. No. 2021-12]
1.
The
ramp is located on a lot whose principal building is a residence;
and
2.
The
ramp is located no closer than ten (10) feet to any structure on an
adjacent lot and no closer than five (5) feet from any property line,
except the front property line whereby the ramp may be adjacent thereto
subject to paragraph 3 below; and
3.
The
ramp shall terminate upon the same property from which it starts and
said ingress/egress of the ramp shall not be upon public property,
a public right-of-way or any other property traversed by the public,
such as a public sidewalk or roadway; and
4.
The
owner agrees that within sixty (60) days for which the purposes of
the need for the ramp is no longer necessary, the ramp shall be removed
from the property.
5.
If
any of these conditions can not be met, the property owner or their
representative shall contact the Borough Zoning Official to discuss
a reasonable solution or alternative and the Borough Zoning Official
shall be permitted to waive any of the above conditions if he deems
it appropriate as a reasonable accommodation.
A.
Agricultural buildings, including customary accessory structures,
shall be at least one hundred (100) feet from any property line.
B.
Permitted agricultural uses shall be principally for the raising
of field and garden crops, and for vineyards and orchard farming.
C.
The raising and breeding of livestock shall be prohibited.
D.
Agricultural uses on five (5) acres or more shall be permitted incidental
farm animals, provided that they are housed and kept in a manner which
will not constitute a public nuisance.
E.
Provided that the lot involved consists of two (2) acres or more,
the keeping of one (1) horse for riding purposes is permitted. The
keeping of one (1) additional horse for riding purposes is permitted
for each one (1) acre in the lot involved over the minimum of two
(2) acres.
F.
The sale of farm produce grown and produced on the same property
is permitted, provided that said property has an area of at least
five (5) acres.
Within any residential district no building where a permitted
professional office or home occupation is to be located shall be constructed
or altered in a manner so that its exterior design and appearance
are not compatible and harmonious with a normal exterior residential
appearance.
No lot, yard, parking area or other open space shall be so reduced
in area or dimension as to make it less than the minimum required
under this ordinance. No lot, yard or parking area or other open space
which is already less than the minimum required under this ordinance
shall be further reduced in area or dimension.
All principal buildings in all districts shall be clearly identified
as to street numbers, in accordance with the Borough of Waldwick Street
Numbering Ordinance, by means of a small unobstructed sign clearly
visible and legible from the main abutting street. The Official Waldwick
Street Numbering Map shall be used for selection of street numbers
assigned by the Borough tax assessor. Street numbers shall be placed
only on the side of a building for which the tax department has determined
the street address.
No lot shall have erected upon it more than one (1) principal
residential building except in the case of multifamily dwelling projects
as permitted by this ordinance.
Nothing herein contained shall require any change in plans,
construction or designated use for which a building permit has heretofore
been issued and the construction of which shall have been diligently
pursued within the applicable period of time regulated by the State
of New Jersey.
A.
All front yards must face upon a public street or private street
approved by the Planning Board or the Borough Council. On streets
less than fifty (50) feet in width, the required front yard shall
be increased by one-half (1/2) of the difference between the width
of the street and fifty (50) feet. If a width greater than fifty (50)
feet is shown on the adopted Master Plan or Official Map, the required
front yard shall be increased by one-half (1/2) of the difference
between the width of the street and said greater width. The provisions
of this subsection shall not apply if an established setback of fifty
(50) feet had been formed for a distance of five hundred (500) feet
in either direction of the proposed lot.
B.
Front, side and rear building locations within five (5) feet of the
minimum setback requirements of this section shall be surveyed and
certified by a licensed engineer or land surveyor. The survey may
be performed at any time prior to the erection of a building above
the foundation. A certified copy of the survey shall be presented
to the Building Inspector when the foundation of the building is complete.
C.
On corner lots the front yard shall be construed as the yard on which
the main entrance to the dwelling faces and the rear yard shall be
the yard opposite the front yard. If a building is located diagonally
on a lot facing two (2) streets, the yard adjoining both streets,
shall comply with the front yard requirement.
The conversion of any existing dwelling to a business or industrial
use shall comply with the district regulations of this ordinance and
shall be subject to the review and approval of a site plan prior to
the issuance of the building permit or certificate of occupancy.
Where a lot is bounded by more than one (1) street the front
yard setback shall be taken along the side on which the main entrance
is located; the side yard setback shall not be less than seventy percent
(70%) of the front yard requirement in the district or conform to
the setback line established along the same side of the street within
five hundred (500) feet, whichever is greater. On corner lots, the
average lot depth measured from any abutting street shall not be less
than one hundred twenty-five percent (125%) of the required minimum
lot width.
No permit shall be granted for a building or use if the design
or construction of the same is likely to involve exceptional risk
of traffic congestion, public safety or hazard, nor shall a permit
be issued for a building or use if the design or construction of same
is so markedly incongruous with the character of the neighborhood
as to materially affect the value of adjacent property.
[Deleted on January 22, 1994 by Ord. No.
2-94]
A.
Residential driveways shall not exceed twenty (20) feet in width;
except that circular driveways extending from a driveway of twenty
(20) feet in width shall be no wider than eleven (11) feet. The minimum
setback to a property line shall be three (3) feet.
B.
No driveway shall provide access to a lot located in another district,
which lot is used for any use prohibited in the district in which
such driveway is located.
Except as specified in § 97-125 of this ordinance, any use, building, sign or structure existing at the time of the enactment of this ordinance may be continued, even though such use, building, sign or structure may not conform with the provisions of this ordinance for the district in which it is located.
A.
Distance restriction for structures near supplies. No building or
structure shall be erected in any zone district of the Borough of
Waldwick within fifty (50) feet of any well, infiltration gallery,
spring or similar source of groundwater now or hereafter developed
for a public water supply system.
B.
Special requirements for sanitary sewer construction near supplies.
No sewer or line carrying sanitary or industrial waste located within
one hundred (100) feet of any well, infiltration gallery, spring or
other similar source of groundwater now or hereafter developed for
a public water supply system may be installed in any zone district
in the Borough of Waldwick unless the same shall be of steel-reinforced
concrete, cast iron or other similar material, properly protected
and of completely watertight construction and other constructed in
accordance with the Rules and Regulations for the Preparation and
Submission of Plans for Public Water Supply Systems and Water Treatment
Plants now or hereafter issued by the New Jersey State Department
of Health.
C.
District restriction for sanitary sewer manholes and connections.
No manholes or connections on a sanitary sewer system shall be permitted
within one hundred (100) feet of any well now or hereafter developed
for a public water supply system in any zone district in the Borough
of Waldwick.
D.
Public water systems. "Public water system" is defined as a system
comprising structures which, operating alone or with other structures,
result in the derivation, conveyance, transmission or distribution
of water for potable or domestic purposes to consumers in twenty (20)
or more dwellings or properties.
All lots being filled shall be filled with topsoil and/or clean
fill to allow complete surface draining of the lot into local storm
sewer systems. No construction shall be permitted which creates or
aggravates water stagnation or a drainage problem.
All properties shall be suitably landscaped, except for areas
covered by buildings or surfaced as parking or service areas. All
landscaping shall be properly maintained throughout the life of any
use on any lot.
The control and regulation of the uses of buildings and structures
as herein provided shall equally apply to the nature and extent of
the use of the land.
The provisions of this section shall apply to all principal
and accessory uses or activities permitted within a residential district
or within two hundred (200) feet of a residential district boundary
line.
The minimum lot width as set forth in the schedule shall be
measured in the following manner:
A.
Irregularly shaped lots. In the case of irregularly shaped lots,
the minimum lot width specified in the schedule may be measured at
the building line, provided that in no case shall the lot frontage
measured at the street right-of-way line be less than fifty percent
(50%) of the minimum lot width requirement or fifty (50) feet, whichever
is the greater.
B.
Frontage along curves. Lot frontage shall be measured along the street
right-of-way line at a public street. The measurement of lot frontage
along curves shall be taken in a straight line between the two (2)
side lot lines, along the chord, and not measured along the arc of
the curve.
No structure shall be built within fifty (50) feet of the bed
of a stream. No building shall be constructed on land subject to periodic
overflow or on land which has an average water table within two (2)
feet of the ground surface. No person shall strip, excavate or otherwise
remove topsoil for sale or other use other than on the premises from
which taken, except in accordance with the construction or alteration
of a building on such premises and excavating or grading incidental
thereto or except as hereinafter specified. Existing natural features
such as trees, brooks, drainage channels and views shall be retained.
Whenever such features interfere with the proposed use of such property
a retention of the maximum amount of such features consistent with
the use of the property shall be required wherever possible at the
discretion of the Planning Board. Natural waterways are not to be
altered.
A.
No outdoor storage of materials, or storage of vehicles, trailers
or other such equipment shall be permitted in the front yard in any
zone. This should not be considered to prohibit the use of a designated
commercial parking area within a front yard for customer and employee
parking.
B.
No article or material shall be kept, stored or displayed outside
the confines of a building unless the same is so screened by fences,
walls or plantings so that it cannot be visible from the public street
or adjoining property.
C.
Outdoor storage of materials, vehicles, trailers or other such equipment
shall be limited to items associated with the principal use of a property.
D.
In all nonresidential zones, outdoor storage is only permitted in
rear yard, as herein regulated. No articles, equipment, vehicles,
supplies or materials shall be kept, stored or displayed outside the
confines of any building unless and until the same are screened by
special planting or fencing, as approved by the Planning Board, and
maintained in good condition, so that they shall not be visible from
any adjacent property or public street. Any fence required to screen
the outdoor storage of flammable material otherwise permitted by this
ordinance shall not be closer than twenty (20) feet to any property
line on the lot upon which it is erected.
A.
No person shall place upon their property or upon any premises in
the Borough a temporary storage unit, unless the owner of the premises
has previously obtained a temporary storage unit permit from the Borough
Zoning Official.
B.
Application for such temporary storage unit shall be in writing and
shall be presented to the Zoning Official and state the following:
1.
Name and address of the owner of the property;
2.
Name and address of the applicant;
3.
If the applicant is different from the owner, an affidavit from
the owner that the applicant has permission to request such permit;
5.
An executed statement indicating that the applicant understands
and agrees that this storage unit is temporary in nature and the applicant
has read the ordinance regulating the same.
C.
The cost for such temporary storage unit permit shall be twenty dollars
($20) and submitted to the Zoning Official with the application. Any
extension requested pursuant to Subsection 7 below shall be an additional
ten dollars ($10) which shall be submitted with the extension request.
D.
The temporary storage unit shall be placed in a location as directed
by the Zoning Official and preference shall be given to locating the
temporary storage unit in the rear yard.
E.
The application shall be reviewed by the Zoning Official who shall
review the application for completeness and issue said permit within
seven (7) business days of filing.
F.
The temporary storage unit shall be temporary in nature and unless
approved by the Planning Board, no temporary storage unit shall be
placed or remain on the same premises more than one hundred and twenty
(120) days, cumulatively, within a twelve (12) month period. The start
date of the time period shall be the date delivery, as shown on the
delivery ticket, which must be supplied to the Zoning Official upon
request.
G.
The temporary storage unit permit shall be granted for an initial
period of no more than sixty (60) days, however, two thirty (30) day
extensions of the permit may be granted, but in no case shall more
than two (2) extensions be granted unless otherwise approved by the
Planning Board. After expiration of the initial time period as well
as the two (2) extensions, if additional time is still required, the
applicant may submit such an application to the Planning Board for
consideration. Such application must be submitted to the Planning
Board within fourteen (14) days of the expiration of the second extension
so as to have the matter heard prior to or as close as possible to
the expiration of the maximum one hundred and twenty (120) day period
as set forth in Subsection 6 above.
H.
No more than one (1) temporary storage unit shall be placed upon
any single lot at any one (1) time, and the temporary storage unit
shall not exceed sixteen (16) feet in length.
I.
If upon expiration of the permit period, the temporary storage unit
has not been removed and remains on the premises, the Zoning Official
shall notify the applicant and the property owner that they have five
(5) days to correct such violation. Said notification shall be sent
via regular and certified mail and if the violation is not remedied,
a summons shall be issued.
The storage of refuse outside a structure shall be in tightly
closed containers located no closer than ten (10) feet to the property
line or the setback prescribed for accessory buildings in that district
whichever is greater. All areas providing for the outside storage
of refuse shall be screened so that it is not visible from the public
street or adjoining property.
[Amended 2-28-84 by Ord. No. 2-84]
Not more than one (1) truck or commercial vehicle owned or used
by a resident shall be parked or stored outside overnight in any residential
zone; provided, however, that no truck which is licensed by a state
for a gross weight of such vehicle and load exceeding eight thousand
(8,000) pounds shall be parked or stored overnight in any residential
zone. In addition, the washing and maintenance of commercial vehicles
is prohibited on residential property.
[Amended 10-14-97 by Ord. No. 20-97]
On any corner lot in any residential zone, no structure, (except for fences conforming to the requirements of § 97-123.3) planting or shrubbery over thirty (30) inches in height above the level of the pavement of the roadway, except deciduous trees, shall be erected or maintained within twenty-five (25) feet of the intersection formed by the projections of the two (2) street side lines at the corner so as to interfere with traffic visibility across the corner. All trees adjoining street side lines in all zones shall have their branches trimmed at all times to ensure unobstructed vision eight (8) feet above street pavement level. This section of this ordinance shall be enforced by the Police Department of the Borough of Waldwick.
No part of a building or structure may exceed the building height
limits defined elsewhere in these ordinances with the following exceptions
and clarifications:
1)
Housings or roof structures, including but not limited to, elevators,
stairways, tanks, ventilating fans, air-conditioning equipment required
to operate and maintain a building, fire walls or parapet walls, skylights,
towers, chimneys, cupolas, smoke stacks, monuments, water tanks, silos
or similar structures may be erected above the height limits permitted
by this ordinance provided that they are adequately screened or decorative
in nature, but in no case more than twenty-five percent (25%) more
than the maximum height permitted in the district.
2)
Spires and steeples on building for the exclusive use of non-profit
and religious institutions may be approved through the site plan process
but in no case more than 50% the maximum building height limits in
that district.
3)
Roof mounted flagpoles on a building may not exceed twenty-five percent
(25%) of the building height limits for any district.
4)
Antennas for broadcast reception, amateur radio, and similar uses
shall be located to minimize visual impact on the neighborhood. In
no case shall any part of the structure or antennas mounted thereon
be closer than ten feet from any property line. Any antenna must comply
with any regulations of the Federal Communications Commission, the
Federal Aviation Authority and must comply with any other applicable
federal or state statues or regulations.
A.
Contiguous lots. Whenever title to two (2) or more contiguous lots
is held by the same owner, regardless of whether or not each of said
lots have been approved as portions of a major subdivision or acquired
by separate conveyance or by other operation of law, and one (1) or
more of said individual lots should, by reason of exceptional narrowness,
shallowness, topographical conditions, substandard area or yard space,
not conform with the minimum lot area and dimensional requirements
of the zone in which it is located, the contiguous lots of said owner,
for the purpose of this ordinance, shall be considered as a single
lot, and the provisions of this ordinance shall hold.
B.
Deficient because of dedication. Whenever land has been dedicated to the Borough by a lot owner to meet the minimum street width requirements of this chapter or to implement the Official Map (Chapter 61 of the Borough of Waldwick Municipal Code) or Master Plan of the Borough, the Building Inspector shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent land to provide the minimum requirements.
[Exceptions to corner lot requirements, was repealed 3-36-85
by Ord. No. 3-85]
For residential lots not fronting on a public road:
A.
Where an existing single-family use is set back a greater distance
than the minimum lot depth required for that district and has access
from a public street by means of a private lane, the required frontage
on a public road may be reduced to not less than fifty (50) feet,
if such reduction will not adversely affect the development of the
remaining undeveloped land, and as long as any such frontage reduction
shall be measured at the street line and the side lines perpendicular
to such frontage so that the lot area created is reasonably suited
for the construction and used as a private lane and possible development
of a Borough road.
B.
The remainder of the lot, exclusive of the private lane, shall meet
all requirements of the schedule for the district in which it is located.
C.
In the event that an additional lot be located and developed on such private lane and said private lane becomes the access road for the additional lot, the owner of the private lane shall, at his/her own expense, pave and improve and dedicate to the Borough said private lane in accordance with all Borough standards regulating street construction and the provisions of Article VIII, Subdivision of Land. Furthermore, such road improvements shall be made prior to the issuance of a building permit for the additional dwelling.
Uses may be located closer to the street right-of-way than required in the schedule but only where the pattern of existing buildings within three hundred (300) feet on either side of the lot on the same side of the street is established at a closer distance. Such new buildings may then be built no closer to the street line than the average setbacks of these existing buildings but no closer than the adjoining buildings. Undersized lots where § 97-122.2 is not applicable may be permitted a reduction in the side yard requirements in proportion to the width of the undersized lot related to the minimum requirements of this ordinance; however, in no case shall any side yard be less than five (5) feet.
Where roads or streets are curved, the measurement of lot width
may be met at the building setback line, but in no case may the lot
frontage at the street line be less than one-half (1/2) of the required
lot width or fifty (50) feet, whichever is the greater.
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval or preliminary site plan approval, shall
have the power to grant such exceptions from requirements for subdivision
or site plan approval as may be reasonable and within the general
purpose and intent of the provisions for subdivision and/or site plan
revision and approval of an ordinance adopted pursuant to this ordinance,
if the literal enforcement of one (1) or more provisions of the ordinance
is impractical or will exact undue hardship because of peculiar conditions
pertaining to the land in question.
Except as provided below, in the Borough of Waldwick the outside
storage or parking and use of a boat, recreational vehicle, trailer
(box trailer or utility trailer) or disabled vehicle by any person
or persons is hereby prohibited in all districts.
A.
Parking and storage of boats and recreational vehicles. The outside
parking and storing of boats and recreational vehicles in any zone
shall be permitted subject to the following restrictions and regulations:
1.
All recreational vehicles, boats or boat trailers shall be stored
in the side or rear yard only. No recreational vehicle, boat or boat
trailer shall be parked or stored in the front yard of a lot or in
front of the front yard building line.
2.
Any recreational vehicle, boat or boat trailer parked in the side
or rear yard of a lot shall meet the requirements and regulations
applicable to accessory buildings.
3.
Any recreational vehicle, boat or boat trailer parked or stored in
a side or rear yard and not in an enclosed garage shall be screened
from view of any adjoining street or property. Such screening shall
not exceed six (6) feet and shall consist of a wall, dense shrubbery,
fence or other attractive material. Such screening may be waived if
topographic or other physical conditions would render the screening
ineffective.
4.
The area devoted to the storage of boats or recreational vehicles
shall not exceed five percent (5%) of the lot area or four hundred
(400) square feet, whichever is the lesser.
5.
The area in which any recreational vehicle, boat or boat trailer
is to be parked or stored shall not preempt any off-street parking
space required to be provided by any provision of this ordinance.
6.
At no time shall a stored recreational vehicle be occupied or used
for working, living, sleeping or storage purposes.
B.
Use of temporary storage trailers in connection with site construction.
The use of temporary storage trailers in any zone in connection with
a temporary construction field office shall be permitted subject to
the following restrictions and regulations:
1.
Such trailers shall be located on the lot on which construction is
progressing and shall not be located within twenty-five (25) feet
of the boundary line of any abutting residential lot.
2.
Such trailers shall be used only as field offices and not for any
dwelling use whatsoever.
3.
Such trailers shall not be moved onto a construction site until a
date on or after which construction actually commences and shall be
removed from such site on or before the completion of construction.
4.
A permit for the location and use of such trailer shall be obtained
from the Zoning Officer. Such a permit shall be renewed every six
(6) months.
C.
Disabled and nonregistered vehicles. Disabled and/or nonregistered
vehicles may not be stored longer than seventy-two (72) hours in any
zone except in an enclosed garage unless the same are awaiting repair
at a licensed public garage or unless the same are new vehicles being
stored or displayed at a licensed motor vehicle dealership. For the
purpose of this ordinance, the term "disabled" shall refer to a motor
vehicle which is in such a state of disrepair that it cannot readily
be made operable and conforming to all requirements of the New Jersey
Division of Motor Vehicles.
Cluster development shall be permitted subject to Planning Board
site plan approval in the districts permitting such use subject to
the following regulations. Nothing contained herein shall be construed
to require the Planning Board to approve any subdivision employing
cluster development standards if said subdivision is in conflict with
any provision of the Waldwick Master Plan or if said subdivision will
in any way result in a land use pattern that will adversely affect
that portion of the Borough in which it lies.
A.
Area and bulk requirements. Within the R-1 Single-Family Residential
District cluster development proposals shall be subject to the following
regulations:
1.
The number of proposed dwelling units in such cluster developments
shall be no greater than if proposed as a conventional subdivision.
2.
One-third (1/3) of the total tract area must be devoted to open space
and for public uses which area shall be subtracted from the total
tract area before streets and lots are delineated.
3.
The minimum tract area for which cluster development standards may
be applied for shall not be less than five (5) acres.
4.
Fifty percent (50%) of the lots may be ten thousand (10,000) square
feet in area but in no case shall the average lot size be less than
twelve thousand (12,000) square feet.
[Amended 3-26-85 by Ord. No. 3-85]
5.
The minimum lot width shall be seventy-five (75) feet.
6.
All buildings shall comply with the minimum required yard areas for
principal and accessory buildings.
B.
Open space. Lands to be devoted to public purpose and accepted by
the Borough shall be deeded to the Borough of Waldwick. Land to be
used as common open space by all homeowners and tenants shall be deeded
to a duly created homeowners' association. Lands reserved as open
space shall be subject to the following regulations:
1.
No area to be deeded to the Borough or reserved as open space under
terms of this ordinance shall be less than one (1) acre unless said
area is to be joined to an existing parcel of Borough land or unless
a smaller area is shown on the Master Plan or Official Map of the
Borough.
2.
The area deeded to the Borough or reserved as open space under the
terms of this ordinance shall be used only for one (1) or more of
the following purposes:
3.
The area to be deeded to the Borough or reserved as open space under
the terms of this section shall be at a location and of a shape as
required by the Planning Board, provided that:
a.
Said area shall adequately accommodate one (1) or more of the
permitted uses listed above and shall complement the existing and
contemplated future surrounding development.
b.
Said area shall be adaptable to the above permitted uses without
undue public expenditure that might be required by reason of adverse
topography, adverse drainage or slope conditions or inadequate accessibility.
C.
Homeowners' association.
1.
The dedication of open space land, streets or other land in common
ownership of the homeowners' association shall be absolute, perpetual
and not subject to reversion for possible future use or further development.
Membership in a homeowners' association by all property owners shall
be mandatory, such required membership and the responsibilities upon
the members shall be in writing between the homeowners' association
and the individual in the form of a covenant, each member agreeing
to their liability for their pro rata share of the association's costs
and providing that the Borough shall be a part beneficiary to such
covenant entitled to enforce its provisions. Such association shall
be responsible for liability insurance, local taxes, maintenance of
land deeded to them and any facilities that may be erected on this
land. The property owners in the approved homeowners' association
shall pay their pro rata share of the cost for providing liability
insurance, local taxes, and maintenance of such deeded open land and
recreation facilities upon it. The assessment levied by the association
may become a lien on the private properties in the development. The
duly created homeowners' association shall be allowed to adjust the
assessment to meet changing needs, and any deeded land may be sold,
donated or in any other way conveyed to the Borough for a public purpose
only, i.e., schools, parks, municipal facilities and other public
uses.
2.
The homeowners' association, initially created by the developer,
shall clearly describe in its bylaws the rights and obligations of
any homeowner in the cluster development, along with the covenants
and model deeds, the articles of incorporation of the association
and any other information that the Borough and its attorney may deem
necessary for the protection of all parties concerned prior to the
granting of final approval by the Planning Board.
3.
The developer shall assume all responsibility for the homeowners'
association until a majority of the dwelling sites are sold at which
time the homeowners' association shall be automatically established.
Provisions shall be made to ensure that control of the homeowners'
association shall be transferred to the individual homeowners in the
development at such time as the lot owners, on the basis of one (1)
vote per lot, shall represent two-thirds (2/3) of the total number
of votes.
4.
Prior to site plan approval the developer shall file with Borough
Council a performance bond to ensure the proper installation of all
recreation and park improvements shown on the site plan and a maintenance
bond to ensure the proper maintenance of all common lands until the
homeowners' association has been established. The amount and period
of said bond shall be determined by the Planning Board and the form,
sufficiency, manner of execution and security shall be approved by
the Borough Attorney and Borough Council.
5.
In the event that the organization established to own and maintain
common open space shall, at any time after establishment of the cluster
development, fail to maintain the common open space in reasonable
order and condition in accordance with the plan, the Borough may serve
notice, hold hearings and enter upon said common open space in order
to maintain the same, and the cost of such maintenance by the Borough
shall be assessed proportionately against the properties within the
cluster development that have a right of enjoyment of the common open
space and shall become a tax lien on said properties.
6.
In the event that the organization established to own and maintain
stormwater management facilities shall, at any time after establishment
of the cluster development, fail to maintain the stormwater management
facilities in reasonable order and condition in accordance with the
plan, the Borough may serve notice, hold hearings and enter upon said
stormwater management facilities in order to maintain the same, and
the cost of such maintenance by the Borough shall be assessed proportionately
against the properties within the cluster development and shall become
a tax lien on said properties.
A.
In any district on any corner lot, no fence, wall, sign, structure or other obstruction of vision shall be erected or maintained in any front yard. Shrubbery, trees, bushes and other natural growth is allowed except where the height of same obstructs visibility at a corner as regulated by § 97-121.28.
B.
On any lot, except as provided in Subsection A, in any residential district, no fence of a solid type of either wooden or masonry construction, less than seventy-five percent (75%) open, shall be more than thirty (30) inches high in the required front yard area, and any fence seventy-five percent (75%) or more open may be four (4) feet high in the front yard. In the side and rear yards, any type of fence is permissible up to six (6) feet in height. Plantings used as screening/fencing in driveway areas must not create an obstruction to a clear view.
C.
No fence around residential property shall be erected of barbed wire,
topped with metal spikes or constructed of any material or in any
manner which may be dangerous to persons or animals.
D.
Every fence shall be maintained in a safe, sound, upright condition
and in accordance with the approved plan on file with the Building
Inspector.
E.
All fences must be erected within the property lines, with the finished
side facing the street or adjoining property, and no fences shall
be erected so as to encroach upon a public right-of-way.
F.
The foregoing restrictions shall not be applied so as to prevent
the erection of an open wire fence not exceeding eight (8) feet in
height above ground level anywhere within public park, public playground
or public school properties. These restrictions shall not be applied
so as to restrict the erection of a wall for the purpose of retaining
space, provided that such wall does not exceed such height to be measured
from the ground level of the highest adjacent grade.
G.
On any corner lot fences may be erected under the following conditions:
[Added Oct. 14, 1997 by Ord. No. 20-97]
1.
When a corner lot's rear yard abuts the rear yard of another corner
lot a six foot high fence may be erected along the sideline adjacent
to the right-of-way. The fence shall have a front yard setback equal
to one and one half times the required front yard setback for that
particular zone. The fence may be extended to the rear property line.
2.
When a corner lot's rear yard abuts a yard line other than a rear
yard line of the adjacent property a four foot high fence of any permitted
type construction may be erected. The fence shall have a front yard
setback equal to one and one half times the required front yard setback
for that particular zone. The fence may be extended to the rear property
line.
H.
Fences on top of retaining walls, berms, or other features. No fence
constructed on a retaining wall, berm, or other man-made feature shall
exceed a height of six (6) feet above the natural grade.
I.
Fences on above-ground swimming pools shall not exceed four (4) feet
in height.
[Added 8-22-00 by Ord. No. 12-00]
An outdoor cafe shall be permitted as an accessory use to a
restaurant located in the VC-2 Village Center District, VC-3 Village
Center District, C-1 Village Commercial District, C-2 Turnpike Commercial
District, C-3 Neighborhood Commercial District subject to the standards
and conditions set forth below:
A.
Outdoor Cafe Permit. Any person, firm, corporation or organization
(hereinafter referred to as the applicant) shall first apply for and
obtain from the Construction Code Official an outdoor cafe permit.
In connection with the outdoor cafe permit application signed by the
applicant on a form prepared by the Borough of Waldwick, which shall
include the following information:
1.
A description of the proposed design and location of the outdoor
cafe and all temporary structures, equipment, furniture, and apparatus
to be used in connection with its operation, including tables, chairs,
planters, awnings, umbrellas, lighting and electrical outlets, if
any, and the type and amount of plant material to be used in the planters;
2.
A statement of seating capacity of the proposed outdoor cafe and
the existing eating establishment actually operated by the applicant
in the adjacent building. All outdoor seating is subject to the Borough
parking requirements within 97-123.7.
3.
The number of feet and location of unobstructed space permitting
free passage of pedestrian traffic around or through each outdoor
cafe. There shall be a minimum of four (4) feet of unobstructed paved
surface of the sidewalk available for pedestrian traffic. The applicant
shall submit a diagram showing the area to be utilized and the location
of the table and chairs.
4.
The location of all fire hydrants, parking meters, utility poles,
benches, handicap ramps or any other fixtures permanently located
on the sidewalk abutting the restaurant or within ten (10) feet thereof
on either side or any side;
5.
That the location of the outdoor cafe shall be directly abutting
the restaurant to which the outdoor cafe is accessory. Any doors leading
from the restaurant shall not be obstructed in any manner.
6.
The name, residence address and telephone number of each individual,
owner, partner or if a domestic corporation, the names, residence
addresses and telephone numbers of the directors and officers owning
a ten percent (10%) or greater interest in the corporation and the
chief operating executive of the corporation and if a non-domestic
corporation, the name, residence address and telephone number of the
managing office for service of process within the State of New Jersey
and a copy of the qualification of said non-domestic corporation to
conduct business in the State of New Jersey.
7.
The name and address of the person owning the premises, if other
than the applicant, and the consent of the owner of the premises to
the application.
B.
Action on Application and Appeal. The Construction Code Official will review the application for completeness and compliance with the terms of this Ordinance. The Construction Code Official will act on the application within seven (7) business days of its receipt. If the permit application meets the standards of this Ordinance, the permit shall be granted. The applicant or any interested party may appeal the grant or denial of the permit application to the Zoning Board of Adjustment within twenty (20) days by filing a notice of appeal in accordance with § 97-38 of this chapter.
C.
Rules and Specifications. An outdoor cafe authorized and operating
pursuant to this section shall comply with all of the following rules
and regulations and such others as may be adopted from time to time
by resolution or ordinance of the governing body of the Borough of
Waldwick:
1.
The cafe shall be operated and maintained in accordance with the
finally approved permit.
2.
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the outdoor cafe shall be located in such a
way as to impede the safe and speedy ingress and egress to or from
any building or structure. Tables and chairs shall be placed adjacent
to the building on the premises.
3.
The cleanliness of the outdoor cafe area is the responsibility of
the restaurant. The area utilized for the cafe shall be kept clean
and free of litter. Trash receptacles shall be provided. Litter shall
not be permitted on adjoining sidewalks or property. Sidewalks must
be swept daily and debris placed in appropriate containers and not
in the street or gutter. Sidewalks shall be washed as necessary.
4.
Noise shall be kept at such a level as to comply with all provisions
of the Borough ordinances relating to noise. In addition, there shall
not be any public address systems, loudspeakers, sound systems, radios,
or any other type of exterior sound system.
5.
Outdoor cafes shall be permitted to operate from 7:00 a.m. to 10:00
p.m. from April 1st through March 31st of each calendar year. The
license shall be valid for one (1) season each calendar year. The
application fee shall be paid annually.
[Amended 5-28-13 by Ord. No. 8-13]
6.
Within one (1) hour after the closing of the outdoor cafe, the operator
shall have all furniture, apparatus, decoration and appurtenances
and any other items used in connection with the operation of such
outdoor cafe removed from the outdoor cafe area. All such materials
shall be stored in a safe and secure interior location in such a way
as to not interfere with speedy ingress to the premises after hours
by emergency service personnel.
7.
The outdoor cafe shall be actually operated and maintained by the
same person who operates and maintains the restaurant of which the
cafe is a part and extension thereof.
8.
All food preparation shall be in the regular kitchen area of the
restaurant and such food preparation shall not be permitted within
the outdoor cafe area.
9.
All outdoor furniture used in the cafe operation shall be of quality
construction and durable for continued outdoor use.
10.
All necessary amendments to liquor license applications with regard to the description of the area of the licensed premises shall be made and approval for such obtained prior to the operation of an outdoor cafe which is a part of a premises for which a liquor license has been previously issued. The provisions of Chapter 29 shall not apply to the area covered by the outdoor cafe permit.
11.
There shall be no additional signage on the premises.
12.
The Borough retains the right to temporarily suspend an outdoor
cafe license to allow for construction activity, utility repairs,
special events or for any reasons deemed appropriate.
13.
No condiments, or other food or beverage shall be stored outside.
14.
The placement of the outdoor cafe shall not reduce the parking
available or violate any land use development approval.
15.
The area containing the tables and chairs should be, if reasonably
practicable, separated from the pedestrian passageway. This should
be accomplished by planters, fence, or other decorative devices. The
divider shall not be a permanent structure and shall be removed at
the expiration of an outdoor cafe permit.
E.
Consent to Inspection. Acceptance of the outdoor cafe permit by the
applicant shall operate as a consent to the Board of Health, Fire,
Police and Building officials of the Borough to inspect the outdoor
cafe for continued compliance with the terms and conditions of this
ordinance and any federal, state, county or local law, ordinance or
regulation affecting the same.
F.
Enforcement. The Borough Clerk shall be responsible for licensing
and the collection of fees. This section shall be enforced by the
Construction Code Official, the Police Department, the Board of Health,
as to the sanitary code, Superintendent of Public Works as to trash,
litter and recycling regulations, the Borough's Fire Safety Official,
the Borough Construction Official or any other Borough Official as
designated by the Mayor and Council.
G.
Notice of violation; Failure to Comply. Upon a determination of an
officer or employee of the Borough of Waldwick charged with the responsibility
for enforcing the provisions of this section that a permittee has
violated one (1) or more of such provisions, such officer or employee
shall give written notice to the permittee to correct such violation
within twenty-four (24) hours of the receipt of such notice by the
licensee. In the event that the licensee fails or refuses to correct
such violation within such period, the permittee's outdoor cafe license
shall thereupon and automatically be revoked.
1.
Upon the revocation of such license, the licensee, upon written request,
shall be entitled to a hearing before the governing body of the Borough
of Waldwick within fourteen (14) days of the date of its request.
The governing body may, in its sole discretion, restore such license
as a result of the information presented to it at the hearing.
2.
In addition to revocation of the outdoor cafe license, any violation
of this Ordinance may be prosecuted in the Waldwick Municipal Court.
Any person convicted of a violation of any of the provisions of this
section shall be subject to a fine not to exceed five hundred dollars
($500). Each violation of a provision of this section and each day
that a violation continues, shall constitute a separate offense.
All senior citizen projects shall comply with the following
standards:
A.
Area, density and lot coverage.
1.
Area. No senior citizen housing project shall be permitted on a lot
having an area of less than fifteen (15) acres.
[Amended 2-28-84 by Ord. No. 2-84]
2.
Density. There shall be no more than ten (10) dwelling units for
each acre of land within the site.
3.
Lot coverage. No more than fifty percent (50%) of the total lot area
shall be used for structures, vehicular driveways and parking area
with a minimum of fifty percent (50%) of the total area left with
existing natural features and/or landscape plantings and pedestrian
site improvements.
B.
Site plan review and approval.
1.
Necessity. No building or occupancy permit shall be issued for any
senior citizen project until the site plan has been reviewed and approved
by the Planning Board.
2.
Application. Application for site plan approval of a senior citizen project shall be submitted to the Waldwick Planning Board in accordance with the Municipal Land Use Law of the State of New Jersey, Article IX, Site Plan Review, and the procedures established in accordance therewith.
3.
Site plan details. In addition to the requirements of § 97-83 of this chapter, the applications for review and approval of a site plan for a senior citizen housing project shall include the following:
a.
Plot plan or plans showing the location and use of each proposed
building and/or accessory uses and structures, the gross floor area
of all buildings, driveways and private roads, pedestrian site improvements,
area and arrangements for parking, drainage systems, utilities, landscaping,
exterior lighting, screening, fire hydrants and other safety devices
or equipment.
b.
General floor plan and unit floor plan for each type of dwelling
unit.
c.
General elevations.
d.
Outline specifications providing a brief description of construction
materials, finishes and equipment.
e.
Schedule showing minimum requirements together with details
of the proposal relating to area, density, lot coverage and off-street
parking.
f.
Proposed rules, restrictions, covenants, etc., if cooperative
or condominium ownership is planned.
g.
Land uses of adjoining lands within five hundred (500) feet
from each boundary of the proposed site/
h.
Such other data as may be necessary or appropriate to ascertain
compliance with minimum standards and required conditions and to judge
the effectiveness of the design and the character of the proposed
project and to consider properly such things as its relationship to
a surrounding area, anticipated traffic and public health, safety
and welfare.
4.
Additional information. Prior to approving or disapproving the site
plan, the Planning Board shall have the right to require the applicant
to furnish additional information, documents, deeds, agreements and
other items which it considers relevant and material to its consideration
of the proposed site plan or as may be necessary to give proper assurance
and guarantee to the Borough of Waldwick that the said senior citizen
project will be developed, constructed and maintained in the manner,
form and within the limitations set forth in the application, plans,
specifications, conditions and regulations governing said senior citizen
project, and as may be required for the protection of the health,
welfare and safety of the citizens of the Borough of Waldwick, and
the Planning Board may require such other documents or information
as it may deem necessary to show proper compliance by said applicant
for a senior citizen project with all standards, regulations and provisions
of the municipal ordinances of the Borough of Waldwick, or such of
them as the Planning Board may determine to be applicable to the specific
senior citizen project in question.
5.
Swimming Pools within senior citizen housing projects. See § 97-123.10C.
C.
Required conditions. The Planning Board shall not approve a site
plan for the development of a senior citizen project which does not
give reasonable assurance that such project will comply with the following
required conditions:
1.
Access. Access to each dwelling unit shall be not more than fifty
(50) feet from a driveway, private road or parking area which is available
to be used by emergency or other service vehicles.
2.
Clustering. No more than four (4) grade level dwelling units shall
be constructed within a cluster or building group utilizing common
or party walls. A second floor shall be permitted, the area of which
shall not exceed twenty-five (25%) of the building or cluster and
may constitute not more than one (1) additional dwelling unit. Each
grade level dwelling unit shall have more than one (1) exit to provide
ingress and egress from two (2) different sides of the building.
3.
Completion schedules. General scheduling shall be provided for the
construction, installation and completion of structures and site improvements
included within the plan. No site plan shall be approved which includes
structures or other improvements not to be completed within three
(3) years after initial commencement of construction.
4.
Design and construction. The design of all buildings and recreational
facilities shall be consistent with the overall intent and purpose
of such project and the reasonably anticipated needs and desires of
its residents for privacy and participation in community and social
activities. All dwelling units shall be provided with an adequate
heating system with a design capacity to maintain a temperature of
eighty degrees Fahrenheit (80 F) in all bathrooms and seventy degrees
Fahrenheit (70 F) in all other habitable areas when the outside temperature
is zero degrees Fahrenheit (0 F). Each dwelling unit shall have bath
facilities. The size of the bathroom and arrangement of the facilities
shall be designed to meet the needs of older persons and have a floor
finish with nonslip characteristics and an imperviousness to water.
All plumbing fixtures, accessories and treatment shall be selected
for and provide design features that contribute to the safety, convenience
and aid of older persons. Shower stalls shall include a built-in seat
or bench or sufficient space for a bath stool.
5.
Driveways or private roads. Within a senior citizen project there
shall be provided a system of drives or private roads of a functional
design adequate to meet reasonably anticipated traffic needs and give
safe and convenient vehicular access to all dwelling units and other
facilities. Any such drive or private road intended to serve more
than one (1) dwelling unit shall have a minimum width of twenty-four
(24) feet, except that a driveway which is less than fifty (50) feet
in length and which is intended for the sole purpose of providing
access to one (1) designated parking area shall have a minimum width
of sixteen (16) feet. All such drives or private roads shall have
suitable indications of any parking restrictions provided herein and
shall conform to the following minimum specifications for construction:
a.
The roadway shall consist of a four-inch macadam base course,
a two-inch modified penetration intermediate course and a one and
one half inch bituminous concrete surface course Type FABC-1 Mix No.
5.
b.
The roadway shall conform to New Jersey State Highway Department
Standard Specifications. A standard six-by-nine-by-twenty-inch concrete
curb shall be constructed on both sides of the roadway and shall also
conform to the New Jersey State Highway Department Standard Specifications.
6.
Fire hydrants. Fire hydrants and other fire safety protection equipment
shall be installed and maintained in accordance with the specification
of the Waldwick Fire Prevention Bureau.
7.
Height. No building shall exceed a maximum of two and one-half (2-1/2)
stories or thirty-five (35) feet in height, whichever is the lesser.
8.
Landscaping. All existing prominent natural features, such as large
rock outcrops, large trees, tree groves, ponds, streams, glens and
wildlife and plant conservation areas, shall be preserved, maintained
or enhanced wherever possible. Such natural features shall be considered
to be a desired asset and an integral part of the site. Landscape
plantings and shade trees shall be shown for the areas around and
between all buildings, around the perimeter and/or within parking
service areas and along driveways or private roads. Pedestrian site
improvements, such as sidewalks, paths, benches and statuary, shall
be provided for the use and enjoyment of the residents. All landscaping
details shall be an integral part of the site plan.
9.
Lighting. Lighting shall be provided to illuminate all driveways,
private roads, sidewalks, walkways and parking areas during the hours
of darkness. The intensity of such illumination and the arrangement
of all fixtures shall be such as to minimize the effect of any beam
or glare on adjoining properties or dwelling windows.
10.
Parking. Parking as required by the New Jersey Residential Site
Improvements Standards shall be provided in designated parking areas.
Parking shall not be permitted along any drive or private road having
a width of less than thirty (30) feet and which is intended to be
used to serve more than one (1) dwelling unit. All parking areas shall
be constructed so as to provide a smooth and safe driving surface,
properly drained with suitable concrete curb protection. All parking
spaces within any parking area shall be clearly marked to show the
parking arrangement within said parking area.
11.
Pedestrian site improvements. Due consideration shall be given
in planning walks, ramps and driveways to minimize any danger of tripping,
slipping or stumbling. Gradients of walks shall not exceed ten percent
(10%), and handrails shall be required where appropriate. Outdoor
areas available to residents shall be designed to permit older persons
to move about with minimum effort or danger.
12.
Screening. All parking or service areas shall be effectively
screened on any side which faces a public street or adjoining property
by a fence, wall or hedge at least five (5) feet in height, approved
by the Planning Board and maintained in good condition.
13.
Setbacks.
a.
No structure shall be located within
forty (40) feet of any property line or State, County or municipal
road, and no driveway, private road or parking area shall be located
closer than forty (40) feet to any adjoining property. Buildings shall
be located to conform to the following minimum open space requirements
between such building and any vehicular driveway, parking areas or
other structures.
b.
No portion of the open space required around any building for
the purpose of complying herewith shall be included as part of the
open space similarly required for another building.
c.
In applying the minimum setback and open space requirements
as set forth herein, distances shall be measured on a horizontal plane
to the closest part of any structure. Building overhangs, protrusions
and attachments, whether at or above grade level and whether temporary
or permanent, shall be deemed to be part of the structure for purposes
of determining the minimum setback or open space requirements.
14.
Unit size. All rooms of a dwelling unit shall be one (1) level,
except that a split-level design shall be considered as one (1) level.
Each unit shall contain one (1) or two (2) bedrooms. One-bedroom dwelling
units shall have a minimum floor area of not less than seven hundred
twenty (720) square feet, and two-bedroom dwelling units shall have
not less than eight hundred (800) square feet.
15.
Utilities. All utility lines, pipes and wires shall be placed
underground.
D.
Approval with conditions. The Planning Board may attach such conditions
for any site plan approval for a senior citizen project as it shall
deem necessary to protect the safety, health and welfare of the citizens
of the Borough of Waldwick and future occupants of such project and
to assure delivery of proper water supply, disposal of sewage and
solid wastes, drainage, policing of the project, assurance of right
of ingress and egress by the police, health, fire, inspecting officials
and other officials of the Borough of Waldwick and guarantee of maintenance
of facilities to be used by the residents of the said senior citizen
project, and should said senior citizen project be organized as a
cooperative or condominium, the Planning Board may require such covenants
and agreements to be filed by the applicant prior to the issuance
of a certificate of occupancy as may be necessary for the protection
of the occupants of said project and the citizens of the Borough of
Waldwick and guaranteeing compliance by the project and the cooperative
or condominium with the rules, regulations, plans, specifications
and conditions established by the Planning Board pertaining to said
project.
[Added 3-26-85 by Ord. No. 3-85]
All planned residential development projects shall be developed in accordance with an approved comprehensive site plan (see Article IX, Site Plan Review) that complies with the following standards:
A.
Area, density, lot coverage and size:
1.
Area. A planned residential project shall have a minimum lot size
of thirty thousand (30,000) square feet and a maximum lot size of
five (5) acres.
2.
Density. There shall be no more than one (1) dwelling unit for each
three thousand six hundred thirty (3,630) square feet of land within
the site.
3.
Lot coverage. Not more than thirty-five percent (35%) of the lot
area shall be occupied by buildings.
4.
Lot width. The minimum lot width and frontage shall be one hundred
fifty (150) feet.
5.
Lot depth. The minimum lot depth shall be one hundred fifty (150)
feet.
B.
Purpose of planned residential development project. The intent of
the planned residential development regulations is to permit greater
flexibility and consequently, more creative and imaginative design
for the development of residential uses than generally possible under
conventional zoning regulations. It is further intended to promote
more economical and efficient use of the land while providing a harmonious
variety of housing choices, a higher level of urban amenities and
preservation of natural scenic qualities of open spaces. It is the
responsibility of the applicant to provide documentation and demonstrate
compliance with the objectives herein stated.
C.
Access to planned residential development project. Access to a planned
residential development project containing twenty (20) or more dwelling
units shall be directly onto an arterial or collector street as shown
in the Master Plan.
D.
Yard requirements.
1.
Street and property line setback. Every principal building shall
have a minimum setback of one and five-tenths (1.5) times the highest
portion of wall or building facade which faces the public street or
property line. The wall height shall be the vertical distance measured
from the lowest perimeter finished grade of the building wall to the
highest point of the wall or roof peak adjacent to the property line.
In any event, no principal building setback shall be less than the
following:
a.
Front. Every principal building shall have a minimum front yard
setback of at least thirty-five (35) feet from all public streets,
but not less than the average prevailing setback that exists for two
hundred (200) feet on either side, whichever is greater.
b.
Side. Every principal building shall have a minimum side yard
setback of at least twenty (20) feet on one (1) side and a combined
side yards setback for both sides of not less than fifty (50) feet.
c.
Rear. Every principal building shall have a minimum rear yard
setback of at least thirty-five (35) feet.
2.
Interior setback. Every building shall have a minimum setback of
ten (10) feet from all interior roads and parking areas.
3.
Buffer strip. There shall be a buffer strip along the entire perimeter
of the property exclusive of the front yard, of at least ten (10)
feet in width measured inward from the property line and suitably
landscaped with grass and/or ground cover, shrubs and trees. Said
buffer strip is included in the setback requirement.
4.
Courtyards. Courtyards bounded on three (3) or more sides by the
wings of the same building or by the walls of separate buildings shall
have a minimum court width of two (2) feet for each foot of height
of the tallest building.
5.
Accessory buildings. No accessory building shall be located in the
front yard. All accessory buildings shall not be located closer than
ten (10) feet to any property line, except for pools which require
twenty (20) feet.
6.
Distance between buildings. The total minimum distance between buildings
shall be the sum of the two (2) abutting yard requirements. The following
yard areas shall be the minimum distances as measured horizontally
in feet and shall be measured away from the front, side and rear of
each building or group of attached townhouses. When the ends of buildings
are opposite, or generally opposite, no building as measured radially
from any corner shall be closer to another building than forty (40)
feet where vehicular access is required between the buildings. The
closest radial distance between the buildings may be reduced to not
less than twenty (20) feet, provided that one (1) or more of the following
conditions exist: the facing walls overlap no more than fifty percent
(50%); the acute angle formed by the intersection of projected lines
of each sidewall is greater than forty-five degrees (45); and if the
height of the building is no greater than one (1) story.
E.
Bulk requirements.
1.
Open space. At least thirty-five percent (35%) of the tract area,
exclusive of roads, shall either be left in its natural state, appropriately
landscaped or grassed, not to be occupied by driveways, parking areas
or buildings.
2.
Building height. No principal building shall be more than two and
one-half (2-1/2) stories and not in excess of thirty-five (35) feet
in height. No accessory building shall be more than one (1) story
and not in excess of twenty (20) feet in height.
3.
Building length. No building shall exceed two hundred (200) feet
in length. A row of townhouses shall be considered as one (1) building.
F.
Construction requirements.
1.
The design layout of buildings shall provide, where possible, that
the front of one (1) building does not face the back of another building
or accessory building.
2.
Each building shall contain a minimum of two (2) means of egress
to the ground.
3.
Each dwelling unit shall contain complete kitchen facilities, toilet,
bathing and sleeping facilities, as well as living space and shall
have a minimum livable floor area in accordance with the following:
4.
There shall be no dwelling unit below the first floor nor above the
second story of any such structure.
5.
There shall be no more than sixteen (16) bedrooms per acre. A studio
apartment shall be considered a one-bedroom apartment.
6.
There shall be no more than ten (10) dwelling units in each garden-type
apartment building or group of duplexes.
7.
Each dwelling unit shall contain central utilities, heating and storage
space.
G.
Storage areas. Required storage areas shall be centrally provided
in garden and attached rental-type housing construction and individually
provided within each dwelling for townhouse, duplex or other condominium-type
construction.
1.
In addition to any room closets contained inside individual dwelling
units, there shall be provided for each dwelling unit a minimum of
three hundred (300) cubic feet of storage area in convenient, centrally
located place in the basement or ground floor where personal belongings
and effects of occupants may be separately stored and secured from
those of other occupants without constituting a fire or health hazard.
2.
There shall be a common storage area in each building for strollers,
bicycles and similar types of frequently used equipment of at least
fifty (50) cubic feet per dwelling unit.
H.
Circulation and parking.
1.
Off-street parking. Parking shall be provided in conformance with
the New Jersey Residential Site Improvement Standards. A total of
twenty-five percent (25%) of all required parking spaces shall be
in garages. Garages may be located within the principal building or
separated as an accessory structure.
2.
Parking areas shall be located in the side or rear yards no less
than ten (10) feet from a property line.
3.
Means of traffic ingress and egress to all parking areas shall be in accordance with § 97-123.7. For one-way traffic movements, driveway entrance-exit width shall not be less than fifteen (15) feet. For two-way traffic movements, driveway's width shall not be less than twenty-five (25) feet with a minimum two-foot wide concrete median separating opposing traffic lanes.
I.
Landscaping and screening.
1.
All housing developments shall be provided with liberal and functional
professional landscaping schemes. The developer shall furnish along
with the plans and specifications required under this ordinance, landscaping
plans drawn by a licensed landscape designer, which shall include
plans for lighting the grounds, roads, drives, walks, parking areas
and building entrances to the development as well as the plantings
and other landscaping intended for the development.
2.
Screening or buffers, consisting of planting strips and fences, shall
be required around outdoor utility and around other similar areas,
along property lines of adjacent property and around all parking areas,
in order to shield apartment occupants and adjoining properties from
such unsightly, disturbing or light-glaring areas. Clothes-drying
areas shall not be permitted out-of-doors. Refuse disposal areas shall
be completely enclosed.
J.
Utilities and facilities.
1.
Garbage and refuse storage and collection areas shall be provided
with each apartment project in the appropriate numbers and locations
to serve the convenience of the residents; such areas shall be screened
from view but in suitable locations to permit the use of dumpsters
which shall be required.
2.
Coin-operated laundry washing and drying machines shall be located
in the basement of garden apartment buildings.
3.
All utilities shall be located underground.
4.
Pedestrian sidewalks shall also be provided in other suitable locations,
including entrances and exits wherever normal pedestrian traffic will
occur and in order to handle the pedestrian traffic which the development
will create.
K.
Signs.
1.
Housing developments may have one (1) unlighted sign for advertising
purposes with a gross area of not more than sixty-five (65) square
feet. Such signs shall be of a temporary nature and may be located
in the required front yard space, provided that such sign shall be
no closer than twenty (20) feet to any street right-of-way line. Such
sign may be erected during the construction period, but shall be permitted
to remain for a period of one (1) year from date of occupancy of the
first unit. A permanent project identification sign, architecturally
consistent with the design of the dwelling unit may be erected, provided
that such sign does not exceed twenty (20) square feet and which may
bear only the name of the project, the street address and the presence
or lack of vacant units.
2.
No other signs, other than pedestrian and vehicular directional signs,
shall be visible from the premises.
All off-street parking and loading areas shall be subject to
the approval of the Planning Board to ensure their adequacy, relation
to traffic safety and protection of adjacent properties.
A.
Residential and agricultural off-street
parking.
(1a)
Quantity. Provision shall be made for off-street
parking spaces for all residential development subject to the New
Jersey Residential Site Improvement Standards (RSIS). For detached
dwellings, at least one residential parking space shall be in an enclosed
garage, for each dwelling unit hereinafter erected. Those residential
dwelling units without an enclosed garage prior to the effective date
shall be considered legal, non-conforming structures.
[Amended 7-22-97 by Ord. No. 15-97]
(1b)
For mixed-use developments, the residential portion
of the development shall require two spaces per dwelling unit.
(1c)
Non-residential uses permitted in residential zones or the non-residential portion of a mixed-use development shall provide the number of parking spaces required by the specific use prescribed in the parking schedule in Subsection B(1). The effective date shall be October 14, 1983.
(1d)
Any residential structure which had an enclosed garage prior to the effective date but after the effective date no longer has an enclosed garage, shall be deemed a legal, non-conforming structure if all of the following conditions are met: (i) on or before December 31, 1997, the residential lot is inspected by the zoning officer and Building Department; (ii) the inspection reveals that the residential lot has at least three usable off-street parking spaces; (iii) the payment of the appropriate fee as set forth in Chapter 48; (iv) the width of the driveway does not exceed twenty (20') feet; (v) conversion of the enclosed garage so that it cannot be used for off-street parking occurred prior to June 1, 1997; (vi) a letter is issued by the zoning officer of the Borough of Waldwick that there is compliance with § 97-59A(1b) (i-v).
(2)
Driveway. Off-street parking areas shall be so designed as to permit all vehicles to turn around on the site onto streets in order to prevent any vehicles backing out onto a public street from the site, designated as arterial or collector streets on the Master Plan. Refer to § 97-121.15 for additional standards.
(3)
Surface materials. All parking areas, passageways and driveways
shall be entirely surfaced with a properly designed durable, all-weather
pavement either bituminous concrete or Portland cement concrete or
of pavers. Driveways in excess of one hundred (100') feet in length
with grades not exceeding four percent (4%) may, in lieu of the foregoing
requirements, be constructed of shale, stone or other materials as
approved by the Borough Engineer.
(4)
Grades. Driveway grades shall not exceed fifteen percent (15%)
at any point along the driveway's entire length. In addition, the
driveway grade shall not exceed eight percent (8%) for a distance
of eight (8) feet from the curbline and a vertical curve provided
between said eight-percent grade and any increasing grade.
(5)
Side slopes. The side slopes of driveways shall be topsoil,
seeded, fertilized and mulched to prevent erosion. If banks exceed
a grade of thirty percent (30%), crown vetch or some other stabilizing
material shall be planted or a retaining wall constructed based upon
recommendations of the Borough Engineer.
(6)
Farmer's roadside stands. Any permit approved for the erection
of a farmer's roadside stand shall hereinafter provide for parking
and maneuvering space at least ten (10) feet back from the existing
or, when applicable, future right-of-way line of a public street.
Such roadside business establishments shall provide at least two (2)
off-street parking spaces in addition to what may be required for
the operator of the stand. Under no circumstances shall the parking
areas and driveway be so designed as to permit vehicles to back out
onto a public street.
B.
Non-residential off-street parking.
(1)
For all new buildings or uses or additions to existing buildings
or uses in the non-residential zones and for non-residential buildings
and uses in the residential zones, there shall be provided the number
of off-street parking spaces required by the specific use in accordance
with the following schedule:
[Amended 7-14-87 by Ord. No. 10-87]
|
Parking Schedule
| |
|---|---|
|
Uses
|
Required Parking Spaces
|
|
Assembly halls, dance halls, community buildings, social clubs
and institutions
|
1 for every 200 square feet of floor area
|
|
Automobile Service stations
|
2 for each gasoline service pump and 2 for each garage service
bay
|
|
Banks
|
1 for every 200 square feet of floor area
|
|
Bowling alleys
|
4 for each alley
|
|
Churches, auditoriums and theaters
|
1 for every 4 seating spaces including school auditoriums
|
|
Dwelling units within mixed-use developments
|
2 per dwelling unit
|
|
Funeral homes and mortuaries
|
1 for every 4 seating spaces at maximum capacity
|
|
Furniture and appliance stores, motor vehicle sales, wholesale
stores, building material stores and similar hard good sales
|
1 for each 300 square feet of floor area plus 1 for every 2
employees on the maximum shift
|
|
Health Club/Fitness Center
|
1 space per 200 square feet of floor area
|
|
Home occupations
|
1 for every 150 square feet of floor area utilized for said
business
|
|
Hospitals, nursing homes, assisted living and medical institutions
|
1 for every 200 square feet of floor area
|
|
Hotels and motels
|
1 for each sleeping room
|
|
Indoor commercial recreation facility
|
1 space per 500 square feet of floor area, plus 1 space per
each employee on the maximum shift
|
|
Industrial uses
|
1 for each 400 square feet of floor area
|
|
Kennel
|
1 space for each 600 square feet of floor area
|
|
Laundromats
|
1 space for every 3 washing machine
|
|
Medical and dental clinics or offices
|
1 per every 200 square feet of floor area, plus 1 space for
every 2 employees, but not less than 1 space for every 200 square
feet of floor area
|
|
Offices: general and professional
|
1 for every 200 square feet of floor area
|
|
Parks and other outdoor recreation sites
|
5 for each acre up to 50 acres and 1 for each acre above 50
acres
|
|
Physical therapy clinic
|
1 space per every 200 square feet of floor area
|
|
Private preschools and private schools
|
Elementary schools: one (1) for each staff member or employee,
plus one (1) for each twenty (20) pupils
All other schools: one (1) for each staff member or employee,
plus one (1) for each five (5) pupils, plus adequate space for buses
and delivery vehicles.
The Planning Board shall determine if adequate space for buses
and delivery vehicles is provided. Further, the Planning Board may
increase parking requirements, if such considerations as the unavailability
of bus services, the distance from centers of population, or a relatively
high percentage of pupils driving their own cars, make such increased
requirements desirable.
|
|
Public/Private Swimming Pools and Swim Clubs
|
1 per each 75 square feet of water surface area, plus one space
for every 200 square feet of office square footage
|
|
Public Utilities
|
1 space per vehicle required to service the facility
|
|
Restaurants: taverns, eating and drinking places, and snack
shops
|
1 for every 4 seats (including maximum outdoor seating) and
1 for every two employees on the maximum shift
|
|
Restaurants: drive-in/take-out and fast food
|
1 for each 4 seats (including maximum outdoor seating) and 1
for each 150 square feet of floor area if no seats
|
|
Retail store and service establishments
|
1 for each 200 square feet of floor area
|
|
Supermarkets and self-service food stores
|
1 for each 200 square feet of floor area
|
|
Warehouses and storage
|
1 for each 400 square feet of floor area
|
(2)
In using the above table for calculating required parking spaces
if the number derived comes out to be a fraction of a parking space,
the required number shall be rounded off to the next highest whole
number.
(3)
Any building containing more than one (1) use shall meet the
combined parking space requirements for all uses in the building.
Any change in use within a building shall be required to meet the
minimum parking requirements for the new use.
(4)
If it can be clearly demonstrated that because of the peculiar
nature of any use all of the required parking is not necessary, the
Planning Board may permit a reduction in the amount of parking area
to be paved; provided, however, that the entire required parking area
shall be shown in the site plan so that it will be available in the
event that future conditions should so require it. For any parking
spaces that are waived, the applicant shall be required to post a
performance bond for two (2) years in the amount estimated by the
Borough Engineer as the cost to construct the additionally required
parking spaces.
(5)
Parking for disabled persons compliant with the standards of
the Americans with Disabilities Act (ADA). In any parking lot designed
to accommodate the public, a minimum number of designated parking
spaces accessible to disabled persons shall be required as follows
For example in a 25 space parking lot, one handicap accessible space
and 24 additional spaces are required.
|
Total Parking Spaces in Lot
|
Required Number of Accessible Spaces
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
2% of total
|
|
501 to 1,000
|
20, plus 1 for each 100 over 1,000
|
C.
General
requirements for nonresidential off-street parking. Unless otherwise
provided in this ordinance, all nonresidential off-street parking
and loading areas shall meet the following requirements:
(1)
Aisles.
(a)
All parking areas shall be designed with service aisles from
which cars directly enter or leave parking spaces to meet the following
standards:
|
Type of Parking
|
Aisle Widths (feet)
|
|---|---|
|
Parallel
|
15
|
|
30-degree angle
|
20
|
|
45-degree angle
|
20
|
|
60-degree angle
|
22
|
|
90-degree angle
|
25
|
(b)
In addition, there shall be a minimum distance between the ends
of parallel parking spaces of six (6) feet when found necessary to
provide convenient access.
(2)
Curbing. Curbing shall be provided so that vehicles cannot drive
onto required landscaped areas or street rights-of-way except at controlled
entrance and exit points. Parking areas shall be enclosed by concrete
or Belgian block curbing six (6) inches above the paved surface located
at least five (5) feet from a property line, street right-of-way or
nearest structural wall of a building. Within similar commercial districts,
abutting lots may pave their adjacent parking lots up to the property
line, provided that the proper access and circulation between the
two (2) parking areas is provided and approved by the Planning Board.
Upon recommendation of the Borough Engineer, the Planning Board may
waive the curbing requirement where considered advisable in order
to facilitate surface drainage.
(3)
Drainage. All parking and loading areas shall be graded and
equipped with adequate drainage facilities as approved by the Borough
Engineer.
(4)
Driveways.
a.
The number of driveways provided from site directly to any one
(1) municipal street shall be as follows:
|
Length of Site Frontage (feet)
|
Recommended Number of Driveways
|
|---|---|
|
100 or less
|
1
|
|
100 to 800
|
2
|
|
Over 800
|
Specified by Borough Engineer
|
b.
No driveway to or from a parking area shall be located closer
than one hundred (100) feet to the nearest right-of-way line of an
intersecting street. However, any major use, such as a shopping center
or industrial use, which in the opinion of the Planning Board will
generate large traffic volumes shall not be located closer than two
hundred (200) feet to the nearest right-of-way line of a street intersection.
c.
The width of driveway entrances to and from a site shall be
designed to adequately accommodate the volume and character of the
vehicles anticipated to be attracted daily onto the site. Driveways
serving large volumes of traffic shall be required to utilize high
to maximum dimensions, while sites served by low traffic volumes shall
be permitted to use low two minimum dimensions. For one-way traffic
movements driveway entrance-exit widths shall be from twenty (20)
feet to thirty (30) feet. For two-way traffic movements driveway widths
shall range from twenty-five (25) feet up to forty-fix (46) feet.
d.
Driveways used by vehicles in a one-way direction of travel
shall not form any angle smaller than forty-five degrees (45º)
with the public street, unless acceleration and deceleration lanes
are provided. Driveways used for two-way traffic movements will intersect
the public streets at an angle as near to ninety degrees (90º)
as the site conditions will permit and in no case shall be less than
sixty degrees (60º).
(5)
Fire zones. Parking areas shall be so arranged as to provide
adequate access to all buildings in case of fire or other emergencies.
No parking shall be allowed within thirty (30) feet of the outer walls
of the structure or within such other adequate distances as the Planning
Board in consultation with the Borough Fire Officials may approve.
The owner of the site shall post adequate signs and provide pavement
marking, approved by the Planning Board, prohibiting parking in areas
designated as fire zones.
(6)
Interior traffic islands. All parking areas for thirty (30) or more vehicles shall contain grassed or landscaped island areas of at least eight (8) feet in width separating rows of proposed head-on parking spaces. Such interior traffic islands shall be spread throughout the parking area to control traffic movement in accordance with a site plan approved by the Planning Board. Interior traffic islands shall occupy a minimum of ten percent (10%) of the area, formed by the outer perimeter of the paved parking lot. Interior traffic islands shall be landscaped and contain shade trees as required under Subsection C(7).
(7)
Landscaping. All portions of the property not used for off-street
parking shall be attractively landscaped with grass lawns, trees and
shrubs as approved by the Planning Board. Off-street parking areas
providing parking for twenty (20) or more vehicles shall be provided
with shade trees of a type approved by the Borough Engineer. These
shade trees shall be located in a planned manner with the parking
lot area in a quantity equal to not less than one (1) shade tree for
each two thousand (2,000) square feet of parking area or part thereof.
Provisions shall be made for the protection of said trees from vehicles
by curbing or other acceptable methods. The property owner shall be
responsible for the maintenance of said shade trees and the replacement
of any tree which dies.
(8)
Lighting. All parking areas, passageways and driveways serving
commercial, industrial and multifamily uses shall provide an average
lighting level of two-tenths (0.2) horizontal footcandles of illumination
during the hours between sunset and sunrise when the use is in operation.
Adequate shielding shall be provided by commercial and industrial
uses to protect adjacent residential zones from the glare from such
illumination and from that of automobile headlights.
(9)
Location of parking. Parking areas may be located in any yard
space for commercial uses and in any yard but the front yard for other
uses, but shall not be closer than five (5) feet to any street or
property line.
(10)
Pavement markings. All parking and loading spaces shall be appropriately
marked with painted lines. Parking spaces shall be delineated by hairpin
or double-line markings. Parking stalls delineated by hairpin markings
shall be measured from the centerline of each side to determine width.
Traffic flow indicators shall also be marked on the pavement as specified
in the approved site plan. All pavement markings shall be adequately
maintained.
(11)
Screening. All off-street parking areas shall be effectively
screened on any side which adjoins or faces any residential use or
zone, by a fence, wall or landscaped buffer area. Commercial areas
shall be required to be screened from a residential use or zone by
a fence for the purpose of protecting the residential property from
litter, debris, light and glare and other such nuisances that would
disturb peaceful possession. A fence or wall six (6) feet in height,
containing no advertising, shall be maintained in good condition by
the owner and tenant of the property. Fencing used shall be of closed
post picket solid fence containing no more than twenty-five percent
(25%) open space. The Planning Board may substitute a hedge or other
natural landscaping for the required fence or wall. The fence as required
by this section may be waived by the Planning Board if, in the Board's
judgment, because of topographic or other unusual conditions, said
fence is not necessary to screen adjoining residential property. Where
parking is located in the front yard, the Planning Board may require
construction of a landscaped berm up to a height of five (5) feet
with slopes at a ratio of not less than two to one (2:1).
(12)
Setbacks. Off-street parking areas shall be separated from the
street right-of-way or other property lines by a minimum setback of
five (5) feet to prevent any part of a vehicle from overhanging street
or property lines.
(13)
Sight distance. Wherever possible, driveway exits onto public
streets shall be so designed with regard to profile, grading and location
to permit the following recommended sight distance measured in each
direction at the edge of pavement along the public street.
|
Allowable Speed on Municipal Street
(miles per hour)
|
Required Sight Distance
(feet)
|
|---|---|
|
25
|
150
|
|
30
|
200
|
|
35
|
250
|
|
40
|
300
|
|
45
|
350
|
|
50
|
400
|
(14)
Size. Each off-street parking space shall be measured not less
than nine by eighteen (9 x 18) feet, exclusive of access drives and
aisles, except that parallel curb parking spaces shall be ten by twenty-three
(10 x 23) feet.
(15)
Surface material. All parking areas, passageways and driveways
shall be surfaced with a properly designed impervious durable concrete
all-weather pavement either bituminous concrete or portland cement
concrete.
D.
Shared parking. Any owner or group of owners of a business building
or buildings in a commercial district may jointly sponsor off-street
parking facilities, provided that the area of the parking facility
equals the total area required for each owner participating therein,
that such jointly sponsored facilities comply with all other requirements
of this ordinance and further provided that any participating use
is no further from the parking area than three hundred (300) feet.
E.
Off-street loading space.
1.
Number of loading spaces. In all districts, for every building or
use requiring the receipt or distribution in vehicles of materials
or merchandise, there shall be provided, on the same property with
such building or use, off-street loading spaces in relation to floor
area as follows:
|
Floor area (square feet)
|
Number of spaces
|
|---|---|
|
Under 10,000
|
1
|
|
10,000 to 19,999
|
2
|
|
20,000 to 49,999
|
3
|
|
50,000 to 99,999
|
4
|
|
Each additional 100,000 or part thereof
|
1
|
2.
Size of loading space. Each loading space shall be at least twelve
(12) feet in width, by forty (40) feet in length and have a fourteen-foot
clearance above the grade; provided, however, that the Planning Board
may require additional length of up to fifty-five (55) feet depending
upon the length of vehicles using said space.
3.
Location. Off-street loading spaces shall be located in the side
or rear yard only, but in no case in a side yard adjoining a street.
4.
Whenever an off-street loading and unloading space shall be located next to a residential use or zone, the loading and unloading space shall be suitably screened and buffered in accordance with Subsection C(11).
5.
Surface material. Off-street loading and unloading spaces shall be
surfaced with a dustless, all-weather pavement, of either bituminous
concrete or portland cement concrete, which shall be adequately drained
and designed and clearly marked as loading spaces, all subject to
the approval of the Borough Engineer.
6.
Access. Access to loading spaces shall be provided directly from
a public street or alley or from any right-of-way that will not interfere
with public convenience and will permit orderly and safe movement
of truck vehicles.
7.
Loading spaces shall be provided in addition to off-street parking
spaces and shall not be considered as supplying off-street parking
space.
F.
Electric
vehicle supply/service equipment and make-ready parking spaces.
[Added 4-12-2022 by Ord. No. 2022-07]
1.
Purpose. The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the State's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and storm water
runoff contaminants. The goals are to:
a.
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
b.
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
c.
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
d.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
2.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
a.
b.
c.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen (15) to twenty (20) amp breaker
on a one hundred twenty (120) volt AC circuit.
Level 2 operates on a forty (40) to one hundred (100) amp breaker
on a two hundred eight (208) or two hundred forty (240) volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty (60)
amp or higher breaker on a four hundred eighty (480) volt or higher
three phase circuit with special grounding equipment. DCFC stations
can also be referred to as rapid charging stations that are typically
characterized by industrial grade electrical outlets that allow for
faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. "Make-ready" includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a plug and play basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
al.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
3.
Approvals and permits.
a.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
c.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
d.
The zoning officer and/or Code Enforcement Officer shall enforce
all signage and installation requirements described in this subsection.
Failure to meet the requirements in this ordinance shall be subject
to the same enforcement and penalty provisions as other violations
of the Borough of Waldwick's land use regulations.
e.
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(1)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(2)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(3)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
f.
An application pursuant to Subsection F3e above shall be deemed complete if:
(1)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(2)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(3)
A one-time written correction notice is not issued by the zoning
officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
g.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
h.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
4.
Requirements for new installation of EVSE and make-ready parking
spaces.
a.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(1)
Prepare as make-ready parking spaces at least 15 percent of
the required off-street parking spaces, and install EVSE in at least
one-third of the 15 percent of make-ready parking spaces;
(2)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15 percent of make-ready parking spaces; and
(3)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15 percent of make-ready parking spaces.
(4)
Throughout the installation of EVSE in the make-ready parking
spaces, at least five percent of the electric vehicle supply equipment
shall be accessible for people with disabilities.
(5)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
b.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection F4a above shall:
(1)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(2)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(3)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(4)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(5)
Install at least four percent of the total parking spaces as
make-ready parking spaces, at least five percent of which shall be
accessible for people with disabilities, if there will be more than
150 off-street parking spaces.
(6)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(7)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(8)
Notwithstanding the provisions of this subsection, a retailer
that provides 25 or fewer off-street parking spaces or the developer
or owner of a single-family home shall not be required to provide
or install any electric vehicle supply equipment or make-ready parking
spaces.
5.
Minimum parking requirements.
a.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 97-123.7.
b.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10 percent of the total required parking.
c.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
6.
Reasonable standards for all new EVSE and make-ready parking spaces.
a.
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
b.
Installation:
(1)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(2)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than 9 feet wide or
18 feet in length. Exceptions may be made for existing parking spaces
or parking spaces that were part of an application that received prior
site plan approval.
(3)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(4)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
c.
EVSE parking:
(1)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(2)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(3)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or § 91-4. Signage indicating the penalties for violations shall comply with Subsection F6e below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(4)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
d.
Safety.
(1)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F6e below.
(2)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Borough of Waldwick's ordinances
and regulations.
(3)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be 3 to 4 feet high with concrete footings placed to protect the EVSE
from accidental impact and to prevent damage from equipment used for
snow removal.
(4)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F6d(5) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(5)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(6)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(7)
Publicly accessible EVSE shall be maintained in all respects,
including the functioning of the equipment. A 24-hour on-call contact
shall be provided on the equipment for reporting problems with the
equipment or access to it. To allow for maintenance and notification,
the Borough of Waldwick shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
e.
Signs.
(1)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(2)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(3)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F6e(2) above.
(4)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(a)
Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
(b)
Usage fees and parking fees, if applicable; and
(c)
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
f.
Usage fees.
(1)
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be specified in Chapter 48, Fees, for each hour that the electric vehicle is connected to the EVSE.
(2)
Private EVSE: Nothing in this subsection shall be deemed to
preclude a private owner/designee of an EVSE from collecting a fee
for the use of the EVSE, in accordance with applicable state and federal
regulations. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
As a condition of approval and the continuance of any use, occupancy
of any structure and operation of any process or equipment, the applicant
shall supply evidence, satisfactory to the Planning Board or to its
designated representative, that the proposed use, structure, process
or equipment will conform fully with all of the applicable performance
standards. As evidence of compliance the Board may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant. The
Planning Board may require that specific operating procedures or methods
be followed or that specific types of equipment, machinery or devices
be installed if the government agencies or testing laboratories examining
the proposed operation shall determine that the use of such specific
types of machinery, equipment, devices, procedures or methods are
required in order to ensure compliance with the applicable performance
standards. Permits and certificates required by other government agencies
shall be submitted to the Planning Board as proof of compliance with
applicable codes.
A.
Preservation of natural features. No structure shall be built within any drainage or conservation easement or, in their absence, within one hundred (100) feet of the top of the bank of a stream. No building shall be constructed within the floodplain of any stream or on land subject to periodic overflow or on land which has an average water table within two (2) feet of the ground surface. No persons, firms or corporation shall strip, excavate or otherwise remove soil for sale or other use than on the premises from which it was taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified or pursuant to the terms of Article X, Soil Movement. Existing natural features such as trees, brooks and drainage channels shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required wherever possible at the discretion of the Planning Board.
B.
Noise.
1.
Noise produced within any structure in any zone shall not be in excess
of the standards set by the Department of Labor, Occupational Safety
and Health Administration, Occupational Safety and Health Standards
and applicable established federal standards.
2.
Any noise produced on any premises in any zone shall not be in excess of 55 decibels from any property line, unless otherwise indicated in this ordinance, and shall comply with Chapter 62, the Borough Noise Ordinance.
3.
If the noise is not smooth and continuous but is of an impulsive
or periodic character, the decibel levels indicated above shall be
reduced by fifteen percent (15%).
C.
Air pollution. All standards and provisions of the New Jersey State
Department of Environmental Protection Air Pollution Control Code,
as amended or supplemented, shall be complied with.
1.
Smoke. In any nonresidential zone, smoke shall not be emitted into
the open air from any fuel-burning equipment in excess of the standards
set by the New Jersey Department of Environmental Protection, New
Jersey Air Pollution Control Code, Ch 4, Control and Prohibition of
Air Pollution by Smoke, as amended or supplemented.
2.
Solid particles.
a.
In any zone there shall be no discharge of solid particles through
a stack, duct or vent in excess of the standards set by the New Jersey
Department of Environmental Protection, New Jersey Air Pollution Control
Code Chptr 7 Control and Prohibition of Solid Particles, as amended
or supplemented.
b.
No open burning shall be permitted in any zone, except in compliance
with the New Jersey State Department of Environmental Protection Air
Pollution Control Code, Ch 2, Control and Prohibition of Open Burning,
as amended or supplemented.
c.
All incinerators shall be approved by the New Jersey Department
of Environmental Protection and comply with all standards and provisions
of the New Jersey Department of Environmental Protection, New Jersey
Air Pollution Control Code, Ch 11, Control and Prohibition of Air
Pollution From Incinerators, as amended or supplemented.
d.
Any road, parking area, driveway, truck loading or unloading
station or any other exterior area having a substantial movement of
vehicles or equipment shall be paved or otherwise stabilized during
construction sufficiently to minimize the generation of dust from
the movement of such vehicles or equipment.
D.
Odors. In any zone, odorous material shall not be emitted into the
atmosphere in quantities sufficient to be detected without instruments
or in excess of the standards and provisions set by the New Jersey
Department of Environmental Protection, New Jersey Air Pollution Control
Code, Ch 6, Prohibition of Air Pollution, as amended or supplemented.
Any process which may involve the creation or emission of any odors
shall be provided with a secondary safeguard system, so that control
will be maintained. Table 1, Odor Thresholds in Air, in Part 1, Odor
Thresholds for 53 Commercial Chemicals, of Research on Chemical Odors,
copyrighted October, 1968, by the Manufacturing Chemists Association,
Inc., Washington, D.C., shall be used as a guide in determining quantities
of offensive odors.
E.
Liquid waste.
1.
No liquid waste shall be discharged, directly or indirectly, into
any watercourse except as to conform to federal, state and local statutes,
laws and rules and regulations, as amended or supplemented. If the
applicant proposes to construct facilities for the treatment of waste,
he/she shall supply:
2.
No liquid waste shall be discharged into any sewage collection and
disposal system unless the appropriate administering officials shall
first have investigated the character and volume of such waste and
shall have certified that the system is adequate to receive the liquid
waste. The applicant shall comply with any requirements of said officials
including the pretreating of such wastes, the installation of processing
methods, separation or screening of waste, control of pH and other
methods of improving such wastes prior to discharge, as a condition
of approval of such facilities.
F.
Solid waste. All users in the Borough shall:
1.
Assume full responsibility for adequate and regular collection and
removal of all refuse except if the municipality assumes the responsibility.
2.
Comply with all applicable provisions of the New Jersey State Department
of Environmental Protection Air Pollution Control Code, as amended
or supplemented.
3.
Comply with all provisions of the State Sanitary Code, Chapter 8,
Refuse Disposal, and standards and provisions of the Borough of Waldwick
Board of Health codes.
4.
Permit no accumulation on the property of any waste, trash or garbage
except in areas designated for temporary accumulation of such material
prior to disposal. Any such areas shall be appropriately designed
and adequately fenced and screened with suitable landscaping when
required by the Planning Board.
5.
Not engage in any sanitary landfill operation on the property except
as permitted by other Borough codes and ordinances.
G.
Radiation. All uses of materials, equipment or facilities which are
or may be sources of radiation shall comply with all controls, standards
and requirements of the Atomic Energy Act of 1954, as amended, and
any codes, rules or regulations promulgated under such act, as well
as the Radiation Protection Act, P.L. 1958, c. 116, as amended(See
N.J.S.A. 26:2D-1 et seq.), whichever shall be more stringent, and
also all provisions and standards of the Occupational Safety and Health
Act of 1971 as applicable at any time, and as amended from time to
time.
H.
Fire and explosion hazards. If it appears that any proposed use,
structure, process or resulting product or material may constitute
a fire or explosion hazard, the Planning Board may require the applicant
to supply proof:
1.
Of approval of the use, structure, process or resulting product or
material from the State Department of Labor and Industry indicating
that adequate safeguards against fire and explosion have been taken
or installed.
2.
Of approval from the appropriate Borough Fire Prevention Officer
that the applicant has complied with all applicable Borough fire prevention
regulations.
3.
That no activity shall be maintained on the premises which will produce
heat or glare beyond any property line.
4.
That no machinery or operation shall be permitted which shall cause
perceptible earth-shaking vibration beyond the property line of the
lot on which the use is located.
No sign shall be constructed, erected, displayed, altered, relocated
or reconstructed unless a permit shall have first been obtained from
the Building Inspector.
A.
ABANDONED SIGN
ANIMATED SIGN
AWNING
AWNING SIGN
BACKGROUND AREA OF SIGN
BACK-LIT AWNING
BANNER
BILLBOARD
CANOPY (ATTACHED)
CANOPY (FREESTANDING)
CANOPY SIGN
CHANGEABLE SIGN
1.
2.
COPY
COPY AREA OF SIGN
DIRECTIONAL SIGN
DOUBLE-FACED SIGN
EXTERIOR SIGN
FACADE
GROUND SIGN
ILLUMINATED SIGN
INTERIOR SIGN
MANSARD
OFF-PREMISE SIGN
ON-PREMISE SIGN
PARAPET
POLE SIGN (also known as "Ground Sign")
POLITICAL SIGN
PROJECTING SIGN
REVOLVING SIGN
ROOF LINE
SANDWICH BOARD SIGN
SIGN
SIGN STRUCTURE
TEMPORARY SIGN
TEMPORARY REAL ESTATE SIGN
UNDER CANOPY SIGN
V SIGN
WALL OR FASCIA SIGN
WINDOW SIGN
Definitions.
A sign that no longer identifies or advertises a location,
product, or activity conducted on the premises on which the sign is
located.
A sign employing actual motion or the illusion of motion.
Animated signs can be activated by environmental factors such as wind
or thermal changes, mechanically activated by motors, or electrically
activated through flashing or patterned illusionary movement.
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or non rigid materials and/or fabric on a supporting framework
that may be either permanent or retractable.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also: Wall or Fascia Sign.
The entire area of a sign on which copy and/or graphics could
be placed.
An awning whose covering material exhibits the characteristic
of luminosity obtained by means of a source of illumination contained
within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign or portion of any structure upon which lettering or
pictorial matter is displayed for advertising purposes, which directs
attention to a business, commodity, service, entertainment or attraction
sold, offered or existing elsewhere than upon the same lot where such
sign is displayed or only incidentally upon such lot.
A multi-sided structure or architectural projection supported
by attachment to a building on one or more sides and either cantilevered
from such building or also supported by columns at additional points.
A multi-sided structure supported by columns.
A sign affixed to the visible surface(s) of an attached or
freestanding canopy. Canopy signs may not be internally or externally
illuminated.
A sign with the capability of content change by means of
manual or remote input. Includes the following types:
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually on a display surface.
ELECTRICALLY ACTIVATEDChangeable sign, such as a light-emitting diode (LED) electronic message board or digital display, whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display.
The graphic content or message of a sign.
The actual area of the sign copy as applied to any background.
Copy area on any individual background may be expressed as the sum
of the geometrically computed area(s) encompassing separate individual
letters, words, or graphic elements on that background.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A sign with two faces, commonly back to back.
Any sign placed outside a building.
That portion of any exterior elevation of a building extending
vertically from grade to the top of the parapet wall or eaves and
horizontally across the entire width of the building elevation.
Any sign supported by one (1) or two (2) uprights or braces
upon the ground and not attached to any building shall be considered
a ground sign.
A sign characterized by the use of artificial light, either
projecting through its surface(s) (Internally illuminated); or reflecting
off its surface(s) (Externally Illuminated).
Any sign placed within a building, but not including Window
Signs as defined by this ordinance. Interior signs, with the exception
of Window signs as defined, are not regulated by this ordinance.
A roof-like facade comparable to an exterior building wall.
A sign whose message content may not necessarily bear any
relationship to the activities conducted on the premises on which
it is located, or to the expression of commercial or non-commercial
speech by the owner or bona fide user of the premises on which it
is located.
A sign whose message content bears a direct relationship
to the activities conducted on the premises on which it is located,
or to the expression of any commercial or non-commercial speech by
the owner or bona fide user of the premises on which it is located.
The extension of a building facade above the line of the
structural roof.
A sign principally supported by one or more columns, poles
or braces placed in or upon the ground. Pole signs shall advertise
only the permitted use, products or services conducted on the premises.
A temporary sign intended to advance a political statement,
cause, or candidate for office.
A sign other than an Wall sign that is attached to or projects
more than four (4) feet from a building face or wall or from a structure
whose primary purpose is other than the support of a sign.
A sign that revolves three hundred and sixty (360) degrees
about an axis. See also: Animated sign.
The uppermost line of the roof of a building or, in the case
of an extended facade or parapet, the uppermost point of said facade
or parapet.
An "A-frame" shaped sign that identifies or advertises a
place of business and that consists of two sign boards that are hinged
together at the top.
Any device, visible structure or object for visual for visual
communication that is used for the purpose of bringing the subject
to the attention of others, but not including any flag or insignia
of any public, civic, charitable or religious groups.
Any structure designed for the support of a sign.
A sign intended to display either commercial or non-commercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
A sign attached to the underside of a canopy or marquee.
A sign containing two faces of equal size, positioned at
an interior angle subtending less than one hundred seventy-nine degrees
(179) at the point of juncture of the individual faces.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than eighteen
(18) inches from the building or structure wall. Also includes signs
affixed to architectural projections that project from a building
provided the copy area of such signs remains on a parallel plane to
the face of the building facade or to the face or faces of the architectural
projection to which it is affixed. They shall advertise only the permitted
use, products or services on the premises on which they are displayed.
A sign affixed to the surface of a window with its message
intended to be visible to the exterior environment.
B.
General Provisions. The following regulations apply to all permitted
signs.
1.
Any sign hereafter erected or maintained shall conform to the provisions
of this ordinance and the provisions of the Municipal Building Code
and of any other ordinance or regulations of the municipality.
2.
No sign shall be constructed, erected, displayed, altered, relocated
or reconstructed unless a permit shall have first been obtained from
the Building Inspector.
3.
No sign other than an official traffic sign or similar sign shall
be erected within the lines of any street or public way unless specifically
authorized by other ordinances or regulations of the municipality
or by specific authorization of the municipal authorities.
4.
No sign or sign structure shall be erected at the intersection of
any street in such a manner as to obstruct free and clear vision,
nor at any location where by its position, shape or color may interfere
with or obstruct the view of or be confused with any authorized traffic
sign, signal or device.
5.
If a premise contains walls facing more than street or other property
usages, the sign area(s) for each building wall will be computed separately
for each building wall facing a different street. The sign area(s)
thus calculated may then be applied to permitted signs placed on each
separate wall.
6.
Every sign permitted by this ordinance must be kept in good condition
and repair. When any sign become insecure, in danger of falling, or
is otherwise deemed unsafe by the Municipal Building Sub-Code Official
responsible for the maintenance of public safety, or if any sign shall
be unlawfully installed, erected, or maintained in violation of any
of the provisions of this ordinance, the owner thereof or the person
or firm using same shall, upon written notice by the Building Sub-Code
Official forthwith in the case of immediate danger and in any case
within not more than ten (10) days, make such sign conform to the
provisions of this ordinance, or shall remove it. If within ten (10)
days, the order is not complied with, the Building Sub-Code Official
may remove or cause such sign to be removed at the expense of the
owner and/or the user of the sign.
7.
Any sign that no longer advertises or identifies a use conducted
on the property on which said sign is erected must be removed within
ten (10) days after written notification from the Municipal Building
Sub-Code Official; and upon failure to comply with such notice, the
Building Sub-Code Official is hereby authorized to cause removal of
such sign, and any expense incident thereto shall be paid by the owner
of the building, structure, or ground on which the sign is located.
8.
Illumination.
a.
No sign shall be illuminated except as provided herein.
b.
All light shall be shielded to the greatest extent possible
to minimize glare from the street or adjoining property. Light levels
off site from sign lights shall be less than 0.1 footcandles.
c.
Flashing signs, highly reflective glass or fluorescent paint
and illuminated tubing outlining roofs, doors, windows or wall edges
of a building are prohibited.
e.
Any permitted sign may be illuminated 1/2 hour before and after
closing. No sign within 150 feet of any residential zone shall be
illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the
business is open during these hours or permitted to operate signage
by resolution of approval.
f.
The Borough of Waldwick encourages illumination of signs from
external sources, provided glare is minimized. Floodlights used for
illumination of any sign, whether or not such floodlights are attached
to or separate from the building, shall not project above the height
of the highest elevation of the illuminated wall of the building.
Wherever it is impractical to provide such a source of illumination,
and only as specifically permitted by this chapter, internally illuminated
signs may be permitted. Light sources from internally illuminated
signs shall not be visible from outside the sign, and the light from
the light source shall be diffused to eliminate hot spots. Light sources
shall be protected from damage. Light levels at property lines shall
be less than 0.1 footcandles.
9.
The area of a sign is to be calculated as follows:
a.
Computation of area of individual signs. The area of a sign
face shall be computed by measuring the total area of the space utilized
for sign purposes including the spaces between all letters, figures,
numbers, images or symbols. Where a sign frame and any material or
color forming an integral part of the background of the sign display
is used as a backdrop against the structure in which it is placed,
sign area shall be measured to the extreme limits of the sign frame
or backdrop. Sign area shall also include the ground structure or
any decoration which is an integral part of the sign, but excluding
supports.
b.
Computation of area of multifaced signs. The sign area for any
double faced sign shall be computed based on one face only, except
in the case of a double faced sign with unequal sides, in which the
area of the larger side shall be used to determine sign area.
10.
Any sign legally existing at the time of the passage of this
ordinance that does not conform in use, location, height, or size
with the regulations of the zone in which such sign is located shall
be considered a protected nonconforming use and may continue in such
status until such time as it is either abandoned or removed by its
owner.
C.
General Prohibitions. The following types and uses of signs are prohibited
in all districts for all temporary or permanent signs.
1.
Any new sign erected in violation of any section of this chapter.
Any sign not specifically permitted is hereby prohibited.
2.
No flashing, moving, rotating or apparent motion signs or lights,
including searchlights. Barber poles are permitted.
3.
No signs with more than two (2) display faces are allowed.
4.
No sign as permitted shall extend or project above the highest elevation
of the wall to which it is attached, nor shall any sign be erected
on or attached to the roof of a building.
5.
No sign shall be painted on or affixed to water towers, storage tanks,
smoke stacks or similar structures.
6.
Signs emitting a sound, odor or visible matter such as smoke or vapor.
7.
No sign erected shall contain audio equipment.
8.
No billboard or billboard sign shall be permitted.
9.
Off-premises signs advertising an article or product not manufactured,
assembled, processed, repaired, serviced or sold upon the premises
are prohibited in all districts.
10.
Projecting signs are prohibited other than as specified for
On-Premises Signs Permitted in Non-Residential Zones
11.
Pole signs, except as otherwise provided for in this chapter.
12.
Exterior use of advertising devices such as banners, streamers,
pennants, flags, and balloons, lights (whether flashing, flickering,
blinking, or rotating), wind-operated devices and any other type of
fluttering or flashing devices or emitting an unsteady or glaring
light. This regulation should not be considered to restrict the erection
of a non-advertising flag or flagpole on a lot occupied by a residential
dwelling.
13.
Signs placed or affixed to vehicles and/or trailers which are
parked on a public right-of-way, public property or private property
so as to be visible from a public right-of-way where the apparent
purpose is to advertise a product or direct people to a business or
activity located on the same or nearby property. However, this is
not in any way intended to prohibit signs placed on or affixed to
vehicles and trailers, such as permanent lettering on motor vehicles,
where the sign is incidental to the primary use of the vehicle or
trailer.
14.
Paper posters and painted signs applied directly to a tree,
rock or natural feature of any kind or to a wall of a building, fence
or pole or other support.
15.
Signs painted or otherwise affixed on the inside or outside
of automobile windows except for pricing information associated with
the sale of new and used cars and only when such vehicles are located
on the premises of an establishment which has been approved for such
use.
16.
Portable or movable signs, except temporary sandwich board signs
as permitted by this chapter.
17.
Neon signs of any kind, whether located on the exterior or interior
of a wall or window if visible from the street upon which the premises
fronts.
18.
Signs erected or painted or composed of day-glow or phosphorescent
or similar material.
19.
Signs on parking lot light standards not relating to traffic
control.
20.
Signs within the public street right-of-way (other than public
notices and temporary political signs and unless otherwise allowed
in this chapter).
21.
Signs that are in such a state of disrepair as to constitute
an immediate threat to the public health, welfare and safety.
22.
Business signs for businesses which are discontinued for a period
in excess of 30 days.
23.
Signs or other advertising structures, as regulated by this
chapter, erected at the intersection of any streets in such a manner
as to obstruct free and clear vision, or at any location where, by
reason of the position, shape or color, it may interfere with, obstruct
the view of, cause optical illusion or be confused with any authorized
traffic sign, signal or device, or which makes use of words, phrases,
symbols, or characters in such manner as to interfere with, mislead
or confuse traffic.
24.
Any sign not in compliance with the Borough Building or Electrical
Codes, as amended, as to design, structural members and connections.
25.
Any sign located or displayed upon any sidewalk or street or
area between the sidewalk and curb or projecting on or over a sidewalk
or street except as provided in this chapter.
26.
Hand-lettered interior window signs.
27.
Exhibiting statements, words, pictures or images of an obscene
or pornographic nature.
28.
Signs attached to, projecting from or hanging underneath a building
eave.
29.
Any manually activated or electronically activated changeable
copy sign (including a light-emitting diode (LED) electronic message
center sign or digital display), used to temporarily display time
and weather, and/or other information. Automotive service stations
are permitted a manually activated changeable copy sign to display
prices. Changeable copy signs within automotive service stations are
limited to pricing, and shall not include copy pertaining to the business,
occupation, or tenant advertised or identified.
D.
Permits.
1.
Unless specifically exempted, a permit must be obtained from the
Building Sub-Code Official for the erection of all signs erected in
the municipality. No new sign shall hereafter be erected, constructed
except as herein provided and until after a permit, if required, has
been issued by the Building Sub-Code Official. Exemptions from the
necessity of securing a permit, however, shall not be construed to
relieve the owner of the sign from responsibility for its erection
and maintenance in a safe manner and in a manner in accord with all
the other provisions of this ordinance.
2.
Before any permit is granted for the erection of a sign or sign structure
requiring such permit, plans and specifications shall be filed with
the Building Sub-Code Official. All sign permit applications shall
include sign dimensions (height, size, sign area), colors, materials,
illumination and required details of construction including loads,
stresses, anchorage, and any other pertinent data. A scaled facade
elevation plan that indicates the placement and location of signage
shall be provided for all proposed wall signage or signage attached
to a structure. A scaled site plan shall be submitted for all proposed
pole and ground signage indicating sign location and setbacks from
existing property lines and road right-of-way. The permit application
shall be accompanied by the written consent of the owner or lessee
of the premises upon which the sign is to be erected.
3.
No sign shall be enlarged or relocated except in conformity to the
provisions herein, nor until a proper permit, if required, has been
secured. The changing of movable parts or components of an approved
sign that is designed for such changes, or the changing of copy, display
and/or graphic matter, or the content of any sign or sign structure
shall not be deemed an alteration.
E.
Exempt Signs. The following signs are exempt from the requirements
of securing a permit:
1.
Municipal, County or State traffic or directional signs located within
the right-of-way of a public street.
2.
A memorial sign or tablet, which indicates the name of the building
and/or its date of erection, when cut into any masonry surface or
when constructed of bronze or other incombustible materials.
3.
Real estate offering signs, "for sale", or "to let", erected by the
owner of the property, not to exceed two (2) square feet in area,
which do not advertise an agent or agency.
4.
Temporary Political Signs.
5.
Garage and Yard Sale Signs shall be governed by Ordinance 96-6.
6.
Public safety or public notice signs which are required by provision
of the law or other ordinance.
7.
Directional and informational signs for nonresidential uses, provided
the area of such sign is not more than three square feet, and provided
the number of such signs on site is limited to that which is reasonably
necessary and appropriate for safety, circulation, information or
other noncommercial purposes. Such directional or informational signs
shall not contain advertising, logo, symbols, business identification
or other nondirectional copy.
8.
Signs for official governmental or quasi-governmental business, including
temporary signs or banners advertising public or quasi-public events
that are posted or displayed with the permission of the governing
body or its designee(s).
F.
Regulation
by Zone.
1.
On-Premise Signs Permitted In All Zones. In addition to any signs
designated as permissible in the General Provisions and/or in any
other sections of this ordinance, the following signs and/or sign
types are permitted in all zones:
A.
Temporary Real Estate signs as defined herein, provided that
the area of such signs shall not exceed the following limitations
by zone:
ii.
All other zones except Industrial: eight (8) square feet.
iii.
Industrial: eight (8) square feet.
And further provided that not more than one (1) such sign shall
be placed on property held in single and separate ownership unless
such property fronts on more than one street, in which case one such
sign shall be permitted on each separate street frontage. All such
signs shall be permitted only during the time in which the property
advertised is available for sale, lease or rental, and must be removed
within 48 hours after execution of an agreement of sale, lease or
rental. This includes the posting of such property as sold, leased
or rented.
B.
Trespassing signs, signs indicating the private nature of a
road, driveway or premises, provided that the area of any such sign
shall not exceed one (1) square foot.
C.
Temporary signs erected in connection with the development or
proposed development of the premises or property provided that the
area of any such sign shall not exceed nine (9) square feet per each
ten thousand (10,000) square feet of lot area in the subject development,
or thirty two (32) square feet, whichever is smaller. Not more than
one (1) such sign shall be placed on property held in single and separate
ownership unless the property fronts on more than one (1) street,
in which case one (1) such sign shall be permitted on each separate
street frontage. Such signs shall be removed within ten (10) days
after the development has been completed and/or the last structure
occupied.
D.
Temporary Political signs as defined herein provided that the
area of any such signs shall not exceed six (6) square feet and that
not more than two (2) such signs shall be displayed on any single
privately owned premises or property, unless such premises or property
fronts on more than one street in which case two (2) such signs shall
be permitted on each separate street frontage. If used for the purpose
of advertising political parties and/or candidates for election or
issues subject to referendum, such signs shall be allowed for a period
not to exceed forty-five (45) days prior to such election or referendum,
and shall be removed within five (5) days following such election
or referendum. If the person(s) responsible for the sign has not removed
it within five (5) days the local municipal chairman of the political
party affiliated with the sign shall be ordered to remove it.
[Amended 3-25-08 by Ord. No. 5-08]
2.
On-Premise Signs Permitted In Residential Zones. In all residential
zones only the following signs shall be permitted, provided that no
sign area limitation is exceeded:
A.
Nameplate and professional signs. A professional sign or nameplate
sign, indicating the name and/or address of the occupant, shall not
be larger than one (1) square foot. If illuminated, the direct source
of the light shall be shielded in such a manner that it is not visible
from the street or any adjoining residential property, unless lit
by porch light or lamppost light. A permitted home occupation may
be included with the name of the occupant and occupation. Only one
(1) sign per dwelling unit is permitted.
B.
Temporary signs of contractors or artisans displayed during
the period such contractors or artisans are performing work on the
premises on which such signs are displayed, provided that the area
of any such sign shall not exceed twelve (12) square feet. Such signs
shall be limited to one (1) sign per contractor or artisan, and shall
be removed immediately upon completion of the work of the contractor
or artisan.
C.
Subdivision identification signs, and/or signs identifying apartment
or condominium complexes, provided that the area of any such sign
shall not exceed sixty-four (64) square feet, and further provided
that one (1) such sign shall be permitted for each separate street
and/or separate building frontage occupied by the subdivision, apartment,
or condominium complex and/or for each means of entrance to or exit
from the subdivision, apartment or condominium complex.
D.
Permitted on-premises signs for institutional uses within residential
zones. One (1) sign identifying permitted institutions such as schools,
colleges, churches, nursing, assisted living facilities or other institutions
of a similar public or semipublic nature may erect and maintain ground
signs provided that:
i.
The height of such sign does not exceed 6 feet from grade to
the highest point of the sign.
ii.
The sign face does not exceed a height of three feet above the
surrounding grade base of the sign
iii.
No sign shall be located no closer than 10 feet
to any property line and 25 feet from any residential land use.
iv.
The size of such signs is not in excess of sixteen (16) square
feet.
v.
If such signs are illuminated, the direct source of light shall
be shielded in such a manner as not to be visible from the street
or any adjoining residential property.
3.
General Regulations — On-Premise
Signs In Residential Zones.
a.
Animated, Changeable or Revolving signs are prohibited.
b.
Billboard and Projecting signs are prohibited.
c.
Setback — None of the signs permitted in the residential
zones shall be erected within fifteen (15) feet of any street right-of-way
line, provided that a nameplate sign not more than one (1) square
foot in area as regulated above may be placed anywhere in the front
yard.
4.
On-Premises Signs Permitted in
Non-Residential Zones. In non-residential zones only the following
signs shall be permitted: Only one (1) wall or projecting sign per
tenancy and either (1) ground sign for the property shall be permitted,
except for uses in which this section dictates specific sign regulations
per use. No sign shall be permitted which is not accessory to the
business conducted on the property and then only if the following
requirements are complied with:
A.
All signs shall be limited to a maximum of four (4) colors (including
black and white). Garish, fluorescent and day-glow colors are prohibited.
B.
Ground signs. One (1) ground sign is permitted per parcel in
the C-1, C-2 and C-3, C-AH, and I Zones, except for uses in which
this section dictates specific sign regulations per use. Said signs
shall be subject to the following conditions:
1.
Said sign shall be located in the front yard no closer than
(5) feet from the front property line and ten (10) feet from any other
property line, except that no ground sign shall be less than 25 feet
from a residential land use.
2.
The area of said sign shall not exceed twenty-four (24) square
feet.
3.
The height of the sign structure, including its supporting members,
shall not exceed six (6) feet.
4.
The bottom of the sign display area shall not exceed three (3)
feet above grade at the base of the sign.
5.
The maximum width of the sign, including its supporting structure,
shall not exceed six (6) feet.
6.
No ground sign shall be placed upon a lot so as to cause a visual
hazard for vehicular traffic. When necessary the Building Sub-Code
Official shall consult an opinion for the Chief of the Police Department.
7.
A directory ground sign identifying two or more businesses located
in a single office, mixed-use, industrial or other similarly utilized
building is permitted and subject to the requirements of this section.
C.
Wall signs are permitted for uses in all non-residential zones,
except where the requirements of this section provide sign regulations
for specific uses. One (1) wall shall be permitted for every parcel
or lot fronting on a public street. For parcels or lots that front
on more than one street, one (1) such sign shall be permitted for
each separate street frontage. Wall signs shall be subject to the
following conditions:
1.
No sign shall extend further than ten (10) inches from the face
of the building upon which it is attached. Where a sign extends more
than three (3) inches from the face of a wall, the bottom of said
sign shall not be closer than ten (10) feet to the ground level below
said sign.
2.
The maximum height of any sign shall not exceed six (6) feet
or twenty five percent (25%) of the height of the wall of the establishment
to which it is attached, whichever is the lesser.
3.
The maximum width of any sign shall not exceed twenty (20) feet
or ninety (90%) percent of the width of the wall of the establishment
to which it is attached, whichever is the lesser.
4.
The maximum area of any sign shall not exceed thirty-two (32)
square feet. In those cases where a parcel or lot has more than one
street frontage, the maximum sign area for additional permitted wall
signage shall not exceed 24 square feet.
5.
In the case of a shopping center, group of stores, multi-tenant
building, or other business uses on a lot held in single and separate
ownership, the provisions of this section relating to the total area
of signs permitted on a premises shall apply with respect to each
building, separate store, or facade of each individual leasing unit.
6.
Each building or property may have one (1) additional wall sign
for tenant(s) in a single or multi-tenant building located above an
entrance that faces customer parking areas or pedestrian walkways
not visible from either a public or private street. Said sign is not
to exceed sixteen (16) square feet.
7.
No wall signage is permitted above the first floor of any commercial
building, except where permitted elsewhere in this chapter.
D.
Projecting signs. Projecting signs are permitted for all uses
in all non-residential zones, and limited to one (1) such sign per
establishment. A business establishment shall not erect both a projecting
sign and a wall sign. Projecting signs shall be subject to the following
conditions:
1.
Said sign shall project at right angles to the structure.
2.
The area of said sign shall not exceed eight (8) square feet.
3.
The bottom of said sign shall not be closer than eight (8) feet
to the sidewalk and shall not project more than four (4) feet from
the structure.
4.
All such signs from a series of stores should have the same
area and proportional dimensions.
E.
Automotive service station signs. In addition to signage permitted
within this section, automotive service stations may display the following
signs:
1.
Directional signs or lettering displays on the building walls
over individual entrance doors or bays consisting only of the words
"washing", "lubrication", "repairs", "mechanic on duty" or other words
closely similar in importance, provided that there shall be no more
than one (1) such sign over each bay or entrance, the letters thereof
shall not exceed twelve (12) inches in height and that such letters
shall be limited to a single line.
2.
Customary lettering on, or other insignia which are a structural
part of, a gasoline pump consisting only of the brand name of gasoline
sold, lead warning signs, a price indicator and any other sign required
by law and not exceeding a total of three (3) square feet on the pump.
3.
Pole sign. One (1) pole sign is
permitted for gasoline service stations and shall be subject to the
following conditions:
i.
Said sign shall be located in the front yard no closer than
(15) feet from any property line.
ii.
The area of said sign shall not exceed fifty (50)
square feet inclusive of the gasoline service station price sign.
Such sign shall not be separated from the gasoline price sign, but
shall appear as a single integrated sign.
iii.
The height of the sign structure, including its
supporting members, shall not exceed sixteen (16) feet.
iv.
The maximum width of the sign, including its supporting
structure, shall not exceed six (6) feet.
v.
No pole sign shall be placed upon a lot so as to cause a visual
hazard for vehicular traffic. When necessary the Building Sub-Code
Official shall consult an opinion for the Chief of the Police Department.
4.
Automotive service station canopy
signs.
i.
A gasoline service station with a canopy shall be permitted
two canopy signs in total.
ii.
The canopy sign or signs shall collectively not
exceed 20 square feet in area.
iii.
The canopy sign shall be a flat sign permanently
affixed to the vertical face of the canopy and shall not project above
or below or from any side of the vertical face of the canopy.
iv.
The canopy sign may be illuminated by internal
and nonintermittent light sources.
v.
A business logo, inclusive of striping or other symbols, may
appear on this canopy sign as part of the allowable sign area. Any
striped area of the canopy shall be counted towards the permissible
area of the sign.
F.
Shopping Center signs. In addition to signage permitted within
this section, the following signs are permitted within shopping centers:
1.
Pole sign. One (1) pole sign is
permitted for shopping centers and shall be subject to the following
conditions:
i.
Said sign shall be located in the front yard no closer than
(15) feet from any property line.
ii.
The area of said sign shall not exceed fifty (50)
square feet.
iii.
The height of the sign structure, including its
supporting members, shall not exceed sixteen (16) feet.
iv.
The maximum width of the sign, including its supporting
structure, shall not exceed six (6) feet.
v.
No ground sign shall be placed upon a lot so as to cause a visual
hazard for vehicular traffic. When necessary the Building Sub-Code
Official shall consult an opinion for the Chief of the Police Department.
G.
Freestanding office buildings, laboratories and other non-retail
commercial buildings in excess of 6,500 square feet. In addition to
signage permitted within this section, the following signs are permitted
for said uses:
1.
Identification signs.
i.
One wall-mounted identification sign, with the copy limited
to a company name and/or corporate logo, is permitted on said uses
with frontage on one street. For establishments with frontage on two
or more streets, a maximum of two identification signs are permitted.
ii.
Identification signs shall be located no more than
four feet below the parapet or uppermost roofline or facade of the
building. Signs shall not project above the roofline or parapet of
the building.
iii.
The maximum size of each identification sign shall
be one square foot for each 250 square feet of building space for
the first 10,000 square feet of building space and one square foot
for each 500 square feet of building space above 10,000 square feet,
up to a maximum of 200 square feet. No identification sign shall exceed
200 square feet in size.
2.
Ground sign or pole sign. Ground signs and pole signs are subject
to the regulations within § 97-123.9F4B and F1, except office
buildings, laboratories and similar non-retail commercial structures
are permitted one ground sign or pole sign per street frontage.
H.
Canopy signs.
1.
Signs affixed or applied in an essentially flat plane to the
face of a freestanding canopy or architectural projection provided
that the sign area of any such sign, as defined herein, does not exceed
an area equal to forty percent (40%) of the area of the face area
of the canopy or architectural projection to which such sign is affixed
or applied.
2.
Graphic treatment in the form of striping or patterns shall
be permitted on the face of any building or freestanding canopy, or
architectural projection without restriction, and the area of any
such graphic treatment shall not be calculated as a component of permitted
copy area.
3.
No canopy sign can be illuminated by either internal or external
lighting.
4.
No establishment shall contain both a wall sign and a canopy
sign. No canopy shall be erected, and no canopy sign shall be permitted
above the first floor of any building.
I.
Awning signs.
1.
Signs affixed or applied to the face or side surfaces of an
awning provided that the sign area, as defined herein, does not exceed
10 percent of the total facade area to which the awning is secured,
or 24 square feet, whichever is lesser. For buildings and property
containing more than one use or tenant, permitted awning sign area
shall be determined by the facade area of the individual lease unit.
2.
Graphic treatment and/or embellishment in the form of striping,
patterns, or valances shall be permitted on the face or side surfaces
of any awing or backlit awning without restriction, and the area of
any such graphic treatment and/or embellishment shall not be calculated
as a component of permitted sign area.
3.
No awning shall be illuminated.
4.
No awning shall be erected above the first level of any building
except on the upper floors of buildings in which a commercial tenant
is present. Awnings attached to the same building shall be of the
same shape, color and height. To the extent possible, awnings shall
be of the same size.
5.
No establishment shall contain both a wall sign and an awning
sign, and no awning sign shall be permitted above the first level
of any building.
J.
Window Signs. Window advertising signs shall be prohibited in
all non-residential districts, with the exception of permitted ground
level retail and personal service business uses, supermarkets and
restaurant establishments located in the VC-2, VC-3, C-1, C-2 and
C-3 Zones, subject to the following conditions:
1.
Information on such signs shall be limited to advertisements
for special promotions, grand openings, temporary sales and other
such similar nonpermanent sales promotions. An exception shall be
granted for restaurants, which may post one permanent menu not larger
than two square feet in size. In addition, an exception shall be granted
for supermarkets which may permanent display signage in accordance
with item 5 below.
2.
The period such signs are permitted to be displayed shall be
per the regulations of § 97-123.9F4L1 and 4.
3.
Such signs may be constructed of paper, cardboard or other such
written, numerical, graphic or photographic material or information
displayed in the window of such establishment.
4.
Such signs shall be contained entirely within the ground level
interior of the building in which the business is located.
5.
Window signs shall not exceed 15% of the total area of the window
to which they are affixed. All letters, numbers and symbols of window
signage shall include lettering not more than 5 inches in height.
Window and window signs shall not be more than 15% opaque.
6.
Such signs shall be maintained in an orderly manner at all times.
K.
Directory signs are permitted in all non-residential districts
subject to the following conditions:
1.
Directory signs for office or mixed use commercial buildings
in the VC-2, VC-3, shall be limited to one wall-mounted directory
sign not exceeding six square feet in size and no higher than 10 feet
above surrounding grade in addition to permitted wall, awning and/or
projecting signs.
2.
For office, mixed-use, industrial
and other similar uses in the C-1, C-2, C-3, C-AH and I Zone Districts,
one (1) ground sign or one (1) wall directory sign is permitted. A
wall directory sign is permitted in addition to permitted wall, awning
and/or projecting signs. No more than one ground sign is permitted
per parcel, development tract or lot. The following additional requirements
are required for directory signs in the above listed zoning districts:
i.
Directory ground signs are subject to the provisions for ground
signs within item 2 of this section.
ii.
Buildings containing less than 50,000 square feet
and more than 10,000 square feet of gross floor area may have one
wall directory sign containing a maximum of 20 square feet of sign
area.
iii.
Buildings containing less than 10,000 square feet
of gross floor area may have one wall directory sign containing a
maximum of 12 square feet of sign area.
L.
Temporary signs. General Regulations for exterior temporary signs. Temporary signs are subject to the General Provisions section of § 97-123.9, as well as the following requirements:
1.
Except for those temporary signs whose time of display is specifically
addressed elsewhere in this ordinance, no temporary sign shall be
permitted to be displayed for a period in excess of thirty (30) days
unless a longer span of display time is approved by the municipal
Zoning Official.
2.
Except for those temporary signs whose size is specifically
addressed elsewhere in this ordinance, the size of any temporary sign
shall not be in excess of the size permitted for any permanent sign
of like configuration and/or type in a given zone. In the event existing
permanent signage is present on a structure or parcel, temporary signage
shall not exceed the size of any existing signage, unless the size
of said temporary sign is dictated elsewhere in this ordinance.
3.
No temporary sign shall be electrically energized or contain
any electrical device.
4.
Temporary signs advertising special events and/or promotions
of a commercial or non-commercial nature, unless specifically addressed
elsewhere in this ordinance, and provided that such signs shall be
non-illuminated, shall be displayed during a time period of no more
than ten (10) days prior to the special event and/or promotion, and
shall be removed within twenty-four (24) hours following the special
event and/or promotion. Not more than one (1) such sign shall be placed
on any single premises or property unless such premises or property
fronts on more than one street, in which case one (1) such sign shall
be permitted on each separate street frontage.
5.
Ground Signs — Forty percent (40%) of the area permitted
for a permanently installed pole and ground sign as permitted within
this section.
6.
Building-mounted temporary signs — Ten percent (10%) of
the building facade area on which such sign is mounted.
7.
Sandwich Board Signs — One
(1) sign not exceeding thirty-two (32) inches in width and thirty-six
(36) inches in height may be permitted within the sidewalk or grass
strip of a public right of way, subject to the following standards:
i.
The sign is located in front of, and within twelve (12) feet
of the main entrance to the establishment it advertises.
ii.
Placement of the sign allows a minimum of thirty-six
(36) inches of unobstructed sidewalk clearance between it and any
building or other obstruction.
iii.
The sign must be free-standing and shall not be
affixed, chained, anchored, or otherwise secured to the ground or
to any pole, parking meter, tree, tree grate, fire hydrant, railing,
or other structure.
iv.
No materials such as papers, balloons, wind socks,
etc., may be added to the sign to increase its height and/or width.
v.
The sign shall not contain foil, mirrors, bare metal or other
reflective materials which could create hazardous conditions to motorist,
bicyclist, or pedestrians.
vi.
The sign must be internally weighted so that it
is stable and windproof.
vii.
The sign is placed within the public right of
way only during the hours of the establishment's operation.
viii.
No sign shall be placed within a public parking
space or such that it obstructs vehicle sight distance.
A.
Permanent private pools. Permanent private residential swimming pools
are permitted as an accessory structure subject to the following standards:
1.
Pools may be located in side or rear yards only. No pool or
wading pool shall be constructed or installed on any lot unless upon
said lot shall be located a dwelling unit.
2.
No edge of any pool shall be closer to any lot line than ten
(10) feet.
3.
In the case of a corner lot, a permanent private swimming pool
shall not be constructed, erected, installed or maintained closer
to the street line than the prevailing setback line on that street.
4.
The pool may be lighted by underwater or exterior lights, or
both, provided that all exterior lights are located so that the light
is neither directed or reflected upon adjacent properties in such
a manner as to be a nuisance or any annoyance to neighboring property.
Underwater lighting shall be in compliance with the applicable National
Electrical Code.
5.
The pool shall be completely surrounded by fencing between four
(4) feet and six (6) feet in height. All fences shall be constructed
in conformance with required building codes.
6.
No public amplifying system shall be used with a private residential
swimming pool.
7.
All accessory cabanas and pool houses shall be subject to § 97-121.2 Accessory buildings, structures, and uses.
8.
All pools shall be properly filtered to the specifications of
the Construction Official.
B.
Commercial; recreational pools. Swim clubs, commercial recreation
associated with lakes and public swimming pools shall adhere to the
following standards:
1.
Said uses shall be located within a lot area of a minimum of
five (5) acres. Within such area may also be located clubhouse, open
space, terraces, pools, recreational uses, cabanas, etc. Where the
pool is located in a tract in excess of five (5) acres in area in
which other recreational facilities are provided, a specific allocation
of the five-acre area does not have to be provided.
2.
No edge of any pool or separate swimming tank shall be closer
to any property line than one hundred fifty (150) feet.
3.
Pools shall be enclosed with a fence or in lieu thereof located
on a terrace or landscaped or surrounded by structures or any combination
of the above or similar techniques in order to control access to the
immediate pool area.
4.
Pools shall be lighted both internally and externally but in
no case shall any light be directed in a direct or indirect fashion
upon any adjacent property. All freestanding pole standards used for
exterior lighting shall not exceed twenty-five (25) feet in height
and shall be no closer than twenty-five (25) feet to the edge of any
pool. All lighting shall be in compliance with the applicable National
Electrical Code.
5.
Pools shall be constructed below the surface of the ground except
that nothing shall prohibit the pool areas from being terraced on
side hill locations.
6.
Pools shall be landscaped to effectively screen the view of
the pool from neighboring properties.
7.
All loudspeakers or public address systems shall be located
in such recreation areas so that speakers are not directly aimed at
any adjacent residential properties.
8.
One (1) off-street parking space shall be provided for every
thirty (75) square feet of water surface. Such parking facilities
may be included with other parking areas associated with clubhouses,
other recreational uses and similar uses as part of a total site plan.
C.
Pools within senior citizen housing projects. Pools included as part
of the overall development are permitted as a private accessory structure
for the residents or guests and shall adhere to the following standards:
1.
Pools shall be located in the side or rear yards only and within
an area no less than four thousand (4,000) square feet that is devoted
to the use of the pool.
2.
No edge of any pool or separate swimming tank shall be closer
to any building or property line than twenty (20) feet.
3.
The total land devoted to the use of the pool shall be enclosed
with a fence no less than six (6) feet in height nor more than ten
(10) feet in height.
4.
The pool shall be lighted both internally and externally, but
in no case shall any light be directed in a direct or indirect fashion
upon any dwelling or adjacent property. All lighting shall be in compliance
with the applicable National Electrical Code.
5.
All pools shall be constructed below the surface of the ground.
6.
If any portion of the pool, part of the land devoted to the
use of the pool, light pole standards or loudspeakers are located
closer than one hundred (100) feet to any residential building located
outside this property, adequate dense buffers of trees and shrubs
shall be provided.
D.
Maintenance. All pools referred to in the above section shall have
all the area surrounding the pool made and kept neat and attractive
so as to be in conformity with surrounding property, and no rubbish,
debris or litter shall be permitted to remain or accumulate in or
about the pool.
[Added 5-22-84 by Ord. No. 8-84; amended 12-12-00 by Ord. No. 22-00]
A.
A rear deck may be constructed, erected or altered on any building
lot, provided that the construction of the deck conforms to the requirements
of the Land Use and Development Code of the Borough of Waldwick. The
property owner or contractor shall apply to the Construction Code
Official for, and obtain, a building permit prior to the construction
of the deck.
B.
A property owner must apply for a permit to the Construction Code Official. The permit may be issued only if the Construction Code Official determines that construction of the nonconforming rear deck complies with the conditions enumerated in § 97-123.11C.
C.
Conditions for construction of a nonconforming deck.
1.
After the construction of the deck, the rear yard setback of
the subject property shall not be less than twenty-five (25) feet,
and the side yard setback shall not be less than 10 feet
2.
The deck shall be constructed only at the rear of the dwelling.
3.
The deck shall have a maximum size of two hundred seventy-five
(275) square feet.
4.
The deck shall be constructed of natural wood, pressure-treated
lumber which is rot resistant, or simulated wood engineered plastics.
The appearance of the deck shall conform to the aesthetics of the
existing neighborhood, and the deck itself shall be constructed and
maintained in conformance with the New Jersey Uniform Construction
Code.
5.
The maximum height of the platform portion of the deck shall
not exceed six (6) feet from the grade at any point.
6.
No permanent cover, of any type, shall be permitted over the
deck.
7.
The deck shall not protrude beyond either side of the dwelling
to which it is attached.
8.
The area of a rear deck shall be excluded from determining the
applicable maximum percent of building coverage
[Added 7-14-87 by Ord. No. 10-87]
[Added 8-12-97 by Ord. No. 19-97]
1.
Purpose. The purpose of this section is to establish general guidelines
for the siting of wireless communications towers and antennas. The
goals of this section is to: (1) protect residential areas and land
uses from potential adverse impacts of towers and antennas; (2) encourage
the location of towers in non-residential areas; (3) minimize the
total number of towers throughout the community; (4) strongly encourage
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) enhance 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; and (9) avoid potential damage
to adjacent properties from tower failure through engineering and
careful siting of tower structures. In furtherance of these goals,
the Borough of Waldwick shall give due consideration to the Borough
of Waldwick's master plan, zoning map, existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
2.
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
(a)
"Alternative tower structure" means 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.
(b)
"Antenna" means 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.
(c)
"Backhaul network" means 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.
(d)
"FAA" means the Federal Aviation Administration.
(e)
"FCC" means the Federal Communications Commission.
(f)
"Height" means, 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.
(g)
"Preexisting towers and preexisting antennas" means any tower
or antenna for which a building permit or conditional use permit has
been properly issued prior to the effective date of this ordinance,
including permitted towers or antennas that have not yet been constructed
so long as such approval is current and not expired.
(h)
"Tower" means any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
3.
Applicability.
(a)
New Towers and Antennas. All new wireless telecommunications
towers or antennas in the Borough of Waldwick shall be subject to
these regulations, except as provided in Sections 3(b) through (d),
inclusive.
(b)
Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern the installation of any antenna that is under seventy (70) feet in height, owned and operated by a federally licensed amateur radio operator exclusively for private noncommercial purposes. See § 97-124.11 for regulations applicable to amateur radio.
(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 Sections 4(f) and 4(g), absent any
enlargement or structural modification of the addition of any structures.
(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 by right.
4.
General Requirements.
(a)
Principal or Accessory Use. Antennas 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, lot-coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
(c)
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the zoning officer an inventory of its existing
towers, antennas, or sites approved for towers or antennas, that are
either within the jurisdiction of the Borough of Waldwick or within
one mile of the border thereof, including specific information about
the location, height, and design of each tower. The Zoning Officer
may share such information with other applicants applying for administrative
approvals or conditional use permits under this ordinance or other
organizations seeking to locate antennas within the jurisdiction of
the Borough of Waldwick, provided, however that the Zoning Officer
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 either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(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 disturbance
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 ordinance
shall bring such towers and antennas into compliance with such revised
standards and regulations within six (6) months 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 or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Borough of Waldwick 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 thirty (30) days to bring
such tower into compliance with such standards. Failure to bring such
tower into compliance within said thirty (30) days shall constitute
grounds for the 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 Borough of Waldwick irrespective of municipal and county
jurisdictional boundaries.
(i)
Not Essential Services. Towers and antennas shall be regulated
and permitted pursuant to this ordinance section and shall not be
regulated or permitted as essential services public utilities, or
private utilities.
(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 Borough of Waldwick
have been obtained and shall file a copy of all required franchises
with the Zoning Officer.
(k)
Public Notice. For purposes of this ordinance, 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 Section 7(b)(5)(ii),
Table 2, in addition to any notice otherwise required by this Ordinance.
(l)
Signs. No signs shall be allowed on an antenna or tower.
(m)
(Reserved)
(n)
Buildings and Support Equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements
of Section 8.
(o)
Multiple Antenna/Tower Plan. The Borough of Waldwick 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.
(p)
Height. The maximum height of a new tower shall be one hundred
fifty (150) feet.
5.
Permitted Uses.
(a)
General. The uses listed in this section are deemed to be permitted
uses and shall not require administrative approval or a conditional
use permit.
(b)
Permitted Uses. The following uses are specifically permitted:
(1)
Antennas or towers located on property owned, leased, or otherwise
controlled by the Borough of Waldwick provided a license or lease
authorizing such antenna or tower has been approved by the Borough
of Waldwick. However, the Borough may, as a condition of such lease,
require site plan approval. The decision to extend such leases to
an applicant shall be vested solely with the municipality, and shall
not be governed by this ordinance.
6.
Administratively Approved Uses.
(a)
General. The following provisions shall govern the issuance
of administrative approvals for towers and antennas.
(1)
The Zoning Officer may administratively approve the uses listed
in this section.
(2)
Each applicant for administrative approval shall apply to the
Zoning Officer providing the information set forth in Sections 7(b)
(1) and 7(b)(3) of this ordinance and a nonrefundable fee as established
by resolution of the Governing Body to reimburse the Borough of Waldwick
for the costs of reviewing the application.
(3)
The Zoning officer shall review the application for administrative
approval and determine if the proposed use complies with sections
4, 7(b)(4) and 7(b)(5) of this ordinance.
(4)
The Zoning Officer shall respond to each such application within
sixty (60) days after receiving it by either approving or denying
the application. If the Zoning Officer fails to respond to the applicant
within said sixty (60) days, then the application shall be deemed
to be approved.
(5)
In connection with any such administrative approval, the Zoning
officer may, in order to encourage shared use, administratively waive
any zoning district setback requirements in Section 7 (b) (4) or separation
distances between towers in Section 7 (b) (5) by up to fifty percent
(50%).
(6)
In connection with any such administrative approval, the Zoning
Officer may, in order to encourage the use of monopoles, administratively
allow the reconstruction of an existing tower to monopole construction.
(7)
If an administrative approval is denied, the applicant shall
file an application for a conditional use permit pursuant to Section
7 prior to filing any appeal that may be available under this Ordinance.
(b)
List of Administratively Approved Uses. The following uses may
be approved by the Zoning Officer after conducting an administrative
review:
(1)
Locating antennas
on existing structures or towers consistent with the terms of subsections
(a) and (b) below.
(a)
Antennas on existing structures. Any antenna which
is not attached to a tower may be approved by the Zoning Officer as
an accessory use to any commercial, industrial, professional, institutional
structure not located in a residential zone, provided:
(i)
The antenna as measured from the lowest grade,
does not extend more than the maximum building height for the zone
wherein the structure is located;
(ii)
The antenna complies with all applicable FCC and
FAA regulations; and
(iii)
The antenna complies with all applicable building
codes.
(iv)
The property is not located in a residential zone.
(b)
Antennas on existing
towers. If an antenna is attached to an existing tower in a non-residential
zone collocating antennas may be approved by the Zoning Officer to
minimize adverse visual impacts associated with the proliferation
and clustering of towers, provided such collocation is accomplished
in a manner consistent with the following:
(c)
Replacement or upgrading existing antennas or improvements.
Any existing antenna, improvement, trade fixture, or other personal
property which is requested by the owner or tenant to be replaced
or upgraded shall be permitted provided:
[Added 9-24-2019 by Ord.
No. 2019-20]
(i)
An engineered site plan be provided indicating
the nature and extent of such replacement or upgrade including the
specific antenna, improvement, trade fixture, or other personal property
to be removed, replaced, or upgraded having all the technical specifications,
including but not limited to the existing and proposed size, height,
weight and location; and
(ii)
A recent, no older than six months, structural
analysis is provided that certifies that such removal, replacement,
or upgrades to such antenna, improvements, trade fixture, or other
personal property meets the applicable structural industry standards;
and
(iii)
An application fee in the amount of $1,500 for
an existing installation or $2,500 for a new collocation, which amount
shall be collected by the Borough.
7.
Conditional Use Permits.
(a)
General. The following provisions shall govern the issuance
of conditional use permits for towers or antennas by the Planning
Board:
(1)
(Reserved)
(2)
If the tower or antenna is not a permitted use under Section
5 of this ordinance or permitted to be approved administratively pursuant
to Section 6 of this ordinance, then a conditional use permit shall
be required for the construction of a tower or the placement of an
antenna in all zoning districts.
(3)
Applications for conditional use permits under this section shall be subject to the procedures and requirements of § 97-124 of this Ordinance, except as modified in this section.
(4)
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.
(5)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a licensed professional engineer.
(6)
An applicant for a conditional use permit shall submit the information
described in this section and a non-refundable application fee and
an escrow deposit as established by the Borough of Waldwick for the
costs of reviewing the application.
(7)
Locating a tower or antenna, including the placement of additional
buildings or other supporting equipment used in connection with said
tower or antenna are permitted as conditional uses only in the following
zones: C-1, C-2, C-3, I.
(8)
No towers or antennas shall be permitted as conditional uses
in residential zone districts.
(b)
Towers.
(1)
Information required. In addition to any information required for applications for conditional use permits pursuant to § 97-124 of this Ordinance, applicants for a conditional use permit for a tower shall submit the following information
(i)
A scaled site plan clearly indicating the location,
type and height of the proposed tower, on site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within the
applicable separation distances set forth in Section 7(b)(5), 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 Zoning Officer
to be necessary to assess compliance with this ordinance.
(ii)
Legal description of the parent tract and leased
parcel (if applicable).
(iii)
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
(iv)
The separation distance from other towers described
in the inventory of existing sites submitted pursuant to Section 4(c)
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.
(v)
A landscape plan showing specific landscape materials.
(vi)
Method of fencing, and finished color and, if
applicable, the method of camouflage and illumination.
(vii)
A description of compliance with Sections 4(c),
(d), (e), (f), (g), (j), (1), and (m), 7(b)(4), 7(b)(5) and all applicable
federal, state or local laws.
(viii)
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
(ix)
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.
(x)
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 provide the services to be provided
through the use of the proposed new tower.
(xi)
A description of the feasible locations of future
towers or antennas within the Borough of Waldwick based upon existing
physical, engineering, technological or geographical limitations in
the event the proposed tower is erected.
(2)
Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 97-124 of this chapter, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this ordinance are better served thereby:
(i)
Height of the proposed tower;
(ii)
Proximity of the tower to residential structures
and residential district boundaries;
(iii)
Nature of uses on adjacent and nearby properties;
(iv)
Surrounding topography;
(v)
Surrounding tree coverage and foliage;
(vi)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(vii)
Proposed ingress and egress; and
(viii)
Availability of suitable existing towers, other
structures, or alternative technologies not requiring the use of towers
or structures, as discussed in Section 7(b)(3) of this ordinance.
(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 or 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 any of the following (although nothing should be construed to infer
that meeting one, some, or all of the following shall entitle the
applicant to approval):
(i)
No existing towers or structures are located within
the geographic area which meet applicant's engineering requirements.
(ii)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(iii)
Existing towers or structures do not have sufficient
structural strength to support applicants proposed antenna and related
equipment.
(iv)
The applicants 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.
(v)
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.
(vi)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(vii)
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable micro-cell network using multiple low-powered transmitters/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; provided,
however, that the Planning Board may reduce the standard setback requirements
if the goals of this ordinance would be better served thereby:
(i)
Towers must be set back a distance equal to at
least seventy-five percent (75%) of the height of the tower from any
adjoining lot line.
(ii)
Guys and accessory buildings must satisfy the
minimum zoning district setback requirements.
(iii)
No tower shall exist within required buffer areas,
if adjacent to residential zones and as prescribed under local ordinance.
(5)
Separation. The following separation requirements shall apply
to all towers and antennas for which a conditional use permit is required;
provided, however, that the Planning Board may reduce the standard
separation requirements if the goals of this ordinance would be better
served thereby.
(i)
Separation from off -site uses/designated areas.
(a)
Tower separation shall be measured from the base
of the tower 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.
(b)
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1:
| |
|---|---|
|
Off-site Use/Designated Area
|
Separation Distance
|
|
Public parks, schools or house of worship(1)
|
200 feet or 300% height of tower whichever is greater
|
|
Vacant single-family residentially zoned land which is either
platted or has preliminary subdivision plan approval which is not
expired
|
200 feet or 300% height of tower whichever is greater
|
|
Off-site Use/Designated Area
|
Separation Distance
|
|
Vacant unplatted residentially zoned lands(2)
|
100 feet or 200% height of tower whichever is greater
|
|
Non-residentially zoned lands or non-residential uses
|
None; only setbacks apply
|
|
Notes:
|
|
(1) Including nursing homes and other similar uses wherein people
are housed or receive care at least 8 hours per day.
|
|
(2) Includes any unplatted residential use properties without
a valid preliminary subdivision plan or valid development plan approval
and any multi-family residentially zoned land greater than duplex.
|
(ii)
Separation distances between towers.
(a)
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:
| ||||
|---|---|---|---|---|
|
Existing Tower — Types
| ||||
|
Lattice
|
Guyed
|
Monopole 50 Ft. in Height
|
Monopole Less Than 30 Ft in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
1,000
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
1,000
|
|
Monopole 50 Ft in Height
|
1,500
|
1,500
|
1,500
|
1,000
|
|
Monopole Less Than 30 Ft
|
1,000
|
1,000
|
1,000
|
1,000
|
(6)
Security fencing. Towers shall be enclosed by security fencing
not less than six 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 conditional use permit is required.
(i)
Tower facilities shall be landscaped with a buffer
of plant materials that effectively screens the view of the tower
compound from property used for residences or planned residences.
The standard buffer shall consist of a landscaped strip at least four
(4) feet wide outside the perimeter of the compound.
(ii)
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced.
(iii)
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 wooded lots, natural
growth around the property perimeter may be sufficient buffer.
8.
No Tower or alternative tower shall be constructed in any residential
zone.
9.
Buildings or other Equipment Storage.
(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 forty (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 percent of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(b)
Antennas Mounted on Utility Poles Light Poles or Towers. The
equipment cabinet or structure used in association with antennas shall
be located in accordance with the following:
(1)
In a front or side yard provided the cabinet or structure is
no greater than 6 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 42-48 inches and a planted
height of at least 36 inches.
(2)
In a rear yard, provided the cabinet or structure is no greater
than 8 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 (8) 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 6
feet in height or an evergreen hedge with an ultimate height of eight
(8) feet and a planted height of at least 72 inches.
(4)
Emergency Generators shall be located below grade and suitably
soundproofed so that noise volumes measured at all property lines
do not exceed ambient levels. A nighttime restriction of 50 decibels
measured at all lot lines shall be imposed.
10.
Removal of Abandoned Antennas and Towers. Any antenna or tower
that is not operated for a continuous period of twelve (12) months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within ninety (90) days of receipt of notice
from the Borough of Waldwick notifying the owner of such abandonment.
Failure to remove an abandoned antenna or tower within said ninety
(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.
11.
Existing Towers. Rebuilding Damaged or Destroyed
Nonconforminq Towers or Antennas. Nonconforminq 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 Sections
7 (b) (4) and 7(b)(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 Section 9.
A.
Purpose. The Borough of Waldwick intends to promote the utilization
of solar energy systems and wind energy conversion systems (WECS)
in order to maximize the utilization of a clean, safe and available
energy source.
B.
Solar energy systems.
1.
Solar panels shall be permitted as an accessory rooftop installation
in any zoning district. The solar panels shall not exceed a height
of eight inches from the rooftop. In no event shall the placement
of the solar panels result in a total height including building and
panels than what is permitted in the zoning district which they are
located for the principal building.
2.
Solar panels shall be permitted
as accessory ground arrays in accordance with the following:
(a)
All ground arrays shall be set back a distance of 20 feet from
all property lines in a residential zoning district, 25 feet from
all property lines in a commercial zoning district, and 40 feet from
all property lines in an industrial district.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
C.
Wind energy conversion systems
(WECS).
1.
General Standards:
(a)
A WECS (horizontal axis and vertical axis) shall be permitted
in the R-1 and R-2 Single-Family Residential Districts, the R-3 Village
Residential District, the R-4 Senior Citizen Residential District,
the AH-1 Affordable Housing District, the C-AH Commercial Affordable
Housing District, and the I Limited Manufacturing District.
(b)
A horizontal axis wind turbine (HAWT) tower is permitted as
an accessory use on the same lot as a principal use.
(c)
A vertical axis wind turbine (VAWT) is permitted as an accessory
rooftop installation or as permitted accessory tower on the same lot
as a principal use.
(d)
No more than one wind turbine shall be permitted per property,
and it is prohibited to install both a rooftop vertical axis turbine
and a ground level turbine tower on the same lot.
(e)
A WECS is not permitted in any front yard.
2.
3.
Standards in nonresidential
districts
4.
Standards for vertical
axis wind turbines:
(a)
Residential District Requirements.
(i)
A maximum of one (1) VAWT is permitted per lot
(ii)
Building mounted VAWTs shall not exceed 20% the
maximum permitted height within the zoning district measured from
the base attached to the structure to the highest point on the VAWT.
(iii)
The maximum tower height for a VAWT tower shall
not exceed fifty (50) feet measured from the base of the tower to
the highest point on the VAWT.
(iv)
A VAWT tower shall be setback from the property
line a distance equal to 100% of the height of the structure as measured
from the base to the highest point.
(v)
A VAWT tower shall be set back a minimum 20 feet
from the principal structure.
(vi)
Every two (2) years the owner of the VAWT shall
submit a structural report to the Building Department attesting to
the structural integrity of the wind generator, tower and/or support
system.
(b)
Non-Residential District Requirements
(i)
Building mounted VAWTs shall not exceed 20% the
maximum permitted height within the zoning district measured from
the base attached to the structure to the highest point on the VAWT.
(ii)
The maximum tower height for a VAWT shall not
exceed sixty (60) feet measured from the base of the tower to the
highest point on the VAWT.
(iii)
A VAWT tower shall be setback from the property
line a distance equal to 100% of the height of the structure as measured
from the base to the highest point.
(iv)
A VAWT tower shall be set back a minimum 20 feet
from the principal structure.
(v)
Every two (2) years the owner of the VAWT shall
submit a structural report to the Building Department attesting to
the structural integrity of the wind generator, tower and/or support
system.
(c)
Electromagnetic Interference.
(i)
As part of the required site plan submission, the
applicant shall provide sufficient data and documentation from the
manufacturer in order to establish that the installation will not
cause electromagnetic interference to any abutting property.
(ii)
If documentation is provided that indicates that
the installation is causing electromagnetic interference to any abutting
property, the installation shall be deemed a public nuisance which
nuisance shall be corrected within ninety (90) days of receipt of
a notice of violation. If the electromagnetic interference cannot
be remedied, the installation shall be removed or relocated, as appropriate.
D.
Additional Standards
for Solar Energy Systems and Wind Energy Conversion Systems (horizontal
axis turbines and vertical axis turbines)
1.
Noise.
(a)
Between a residential use or residential zone sound levels of
the WECS shall not exceed 55 decibels at a common property line or
at the closest occupied structure of the neighboring lot or lots.
2.
Access to WECS.
(a)
All ground-mounted electrical and control equipment shall be
labeled or secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as to not provide
step bolts or a ladder readily accessible to the public for a minimum
height of eight feet above the ground.
(c)
All moving parts of the WECS shall be a minimum height ten feet
above the ground.
3.
Electrical wires. All electrical wires associated with a WECS,
other than wires necessary to connect the wind generator to the tower
wiring, the tower wiring to the disconnect junction box, and the grounding
wires shall be located underground.
4.
Wind turbines shall be designed with an automatic brake or other
similar device to prevent overspeeding and excessive pressure on the
tower structure.
5.
Lighting. A wind tower and generator shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration,
and is subject to Planning Board or Board of Adjustment approval as
part of the site plan application.
6.
Appearance, color, and finish. WECS shall be constructed of
corrosive resistant material. WECS and solar energy panels shall be
painted, finished or screened with landscaping or other materials
to the extent reasonably possible to blend the facility into existing
structures and natural surroundings in order to minimize potential
visual impacts on the surrounding landscape.
7.
Signs. WECS and solar energy systems shall not be used for displaying
signage or advertising, other than the manufacturer's or installer's
identification, appropriate warning signs, or owner identification.
8.
Code compliance. A WECS shall comply with all applicable construction
and electrical codes, and the National Electrical Code adopted by
the New Jersey Department of Community Affairs.
9.
Utility notification and interconnection. WECS that connect
to the electric utility shall comply with the New Jersey's net metering
and interconnection standards for Class I renewable energy systems.
10.
Meteorological towers utilized to monitor the feasibility of
a WECS shall be permitted under the same standards, permit requirements,
restoration requirements, and permit procedures as a WECS.
E.
Permit requirements.
1.
Site plan approval. Site plan approval from the Planning Board
or Board of Adjustment, as appropriate, shall be required for the
installation of a WECS (horizontal axis turbine or vertical axis turbine)
or a ground array solar energy system. The site plan application shall
include the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing structures on the
property;
(c)
Location of the proposed WECS tower or ground array solar energy
system;
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
For WECS applications, the location of any overhead utility
lines;
(f)
WECS and ground array solar energy systems specifications, including
manufacturer and model, rotor diameter, tower height;
(g)
Stamped, engineered tower and tower foundation drawings for
WECS;
(h)
Noise levels of the proposed WECS at all property lines and
at the closest neighboring inhabited dwelling.
2.
A visual site distance analysis must be submitted, including
photos of the subject property, that graphically simulates the appearance
of any proposed WECS and indicating its view from at least five locations
around and within one mile of the proposed tower.
F.
Abandonment.
1.
A WECS or solar energy system that is out of service for a continuous
twelve-month period will be deemed to have been presumptively abandoned.
The Zoning Officer may issue a notice of abandonment to the owner
of a WECS or solar energy system that is deemed to have been abandoned.
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date. The Zoning Officer shall
withdraw the notice of abandonment and notify the owner that the notice
has been withdrawn if the owner provides information that demonstrates
the WECS or solar energy system has not been abandoned. In the event
that the Zoning Officer, after investigation, determines that a WECS
or solar energy system has been abandoned, the Zoning Officer may
issue a notice of abandonment during the presumptive twelve-month
period and the owner shall have the right to respond to the notice
of abandonment.
2.
If the WECS or solar energy system is determined to be abandoned,
the owner of the WECS or solar energy system shall remove the facility
at the owner's sole expense within six months of receipt of notice
of abandonment. If the owner fails to remove the facility, the Zoning
Officer may, at the option of the Mayor and Council, have the facility
removed at the owner's expense, and impose a lien on the property.
G.
Violations. It is unlawful for any person to construct, install,
or operate a WECS or solar energy system that is not in compliance
with this section or with any condition contained in a building permit
issued pursuant to this section. Solar energy systems and WECS installed
prior to the adoption of this section are exempt.
A.
Home occupations are permitted as an accessory use in all residential
districts of the Borough of Waldwick.
a.
Home
occupation uses shall be conducted entirely within either the dwelling
or an accessory building, but not both.
b.
No
more than five hundred (500) square feet of the first floor area or
the equivalent of twenty-five percent (25%) of the floor area of the
building, whichever is smaller,
c.
Such
an occupation shall be conducted solely by a resident occupant of
the residential building, except that no more than one (1) person
at a time who is not a resident of the building may be employed therein
d.
No
sign shall be displayed exceeding a maximum of one (1) square foot
on each side, that
e.
Parking
shall be provided in accordance with commercial off-street parking
spaces in addition to the residence needs.
f.
No
occupational sounds are audible outside the building, that and that
no machinery or equipment is used which will cause interference with
radio and television reception in neighboring residences.
g.
No
display of products shall be visible from the street, and that no
article is offered for sale on the premises shall be used for such
purposes, so as not to change the residential character of the property
h.
Board
of Health, Fire Prevention Bureau and Environmental Commission approval
and a Certificate of Occupancy shall be required for all "Home Occupations"
and "Family Day Care Homes".
i.
Anyone
operating a Family Day Care Home shall file with the Borough Clerk
a copy of the Certificate of Registration issued by the New Jersey
Division of Youth and Family Services and shall submit a certification
of the operator setting forth the operator's name, address and telephone
number and the hours of operation.
A.
A. Child day care is permitted in all non-residential zones in the
Borough of Waldwick, and subject to the following requirements:
[Amended 05-27-14 by Ord. No. 13-14]
1.
The maximum height of a freestanding flagpole shall be 20 feet, provided
that flagpoles on roofs shall be no more than 25% the maximum permitted
height in the district feet in which the structure is located.
2.
One freestanding flagpole shall be permitted per lot.
3.
All freestanding flagpoles shall be located no closer than 10 feet
from a front, side or rear property line.
4.
All flagpoles shall be equipped with either interior halyards or
exterior halyards with vinyl snap covers.
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the borough and, at the same time, recognizing that such uses may be or become harmful to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and the character of the surrounding area, such uses are hereby designated as conditional uses . The procedures for application, public hearing and notice for special use permits are set forward under § 97-128.7. The granting of a permit for conditional uses shall comply with the terms and conditions established by this section using the following stipulations and guiding principles:
A.
Stipulations. The use for which application is being made is specifically authorized as a conditional use in the zoning district in which it is located. (See § 97-119).
B.
Principles. The design, arrangement and nature of the particular
use is such that the public health, safety and welfare are protected
and reasonable consideration is afforded to the following:
1.
The character of the neighborhood and zone.
2.
Conservation of property values and the proposal's impact upon the
orderly development of adjacent properties in accordance with the
zoning classification of such properties.
3.
Health and safety of residents or workers on adjacent property and
in the surrounding neighborhood.
4.
Potential congestion of vehicular traffic or the creation of undue
hazard.
5.
Principles and objectives of the ordinance and the Master Plan of
the Borough.
Automotive service stations may be permitted as a conditional
use in all commercial zones, provided that the following standards
and conditions are met:
A.
Lot size. The lot or parcel of land so to be used shall have a street
frontage of at least one hundred (100) feet and an average depth of
at least one hundred twenty-five (125) feet.
B.
Setbacks.
1.
Buildings. The walls of any building shall be set back at least fifty
feet from any residential zone boundary or existing residential property,
at least twenty-five (25) feet from any adjoining property line and
at least forty (40) feet from a street right-of-way line.
2.
Gasoline pumps. All fuel and oil pumps and other apparatus shall
be located as to permit safe and convenient traffic circulation. Every
gasoline or oil tank, pump or other device, appliance or apparatus
shall be located at least forty (40) feet from a street right-of-way
line or property line, and at least fifty (50) feet from a residential
zone boundary or existing dwelling.
3.
Paved areas. All paved areas within the property shall be at least
five (5) feet from a property line, ten (10) feet from a street right-of-way
line and twenty-five feet from a residential zone boundary or existing
residential use and shall be bounded by concrete curbing at least
six (6) inches above the surface.
4.
Driveways. Entrance and exit driveways shall be at least thirty (30)
feet in width with a three (3) foot radius at the curbline. There
shall be a safety zone between driveways of at least thirty (30) feet,
and the driveway shall be at least ten (10) feet from adjoining property
lines. Driveways shall be at least one hundred (100) feet from an
intersection of street lines. No more than two (2) driveways shall
be permitted for each two hundred (200) feet of street frontage.
C.
Location. The nearest boundary line of the lot or parcel of land
to be used as an automobile service station shall be at least three
hundred (300) feet from the boundary line of property which is used
as, or upon which is erected, a public or private school playground,
church or other place of worship, hospital, public building or place
of public assembly, theater or other building or structure used or
intended to be used for public entertainment, public playground or
civic center, firehouse or fire station. The distance shall be measured
in a straight line from the center line of streets forming the shortest
route from a point opposite the nearest side boundary line of the
public entrance to a point opposite the nearest boundary line of the
service station or garage lot. No automobile service station shall
be located within two thousand (2,000) feet of another service station
or existing public garage.
D.
Landscaping. A five-foot planted strip, suitably landscaped, shall
be provided between curb cuts and along all property lines. All unpaved
areas shall be attractively landscaped with grass lawns, trees and
shrubs or other vegetation or material deemed suitable. All landscaping
shall be suitably maintained.
E.
Parking. Adequate parking for service vehicles and automobiles of
employees and patrons shall be provided. Not more than three (3) patron
parking spaces shall be provided for each service bay. Not more than
six (6) motor vehicles may be located upon any automobile service
station premises, outside of a closed or roofed building, for a period
of time not to exceed forty-eight (48) hours and provided that said
motor vehicles are awaiting repair by the owners thereof.
F.
Prohibited uses.
1.
No new or used automobile sales shall be conducted on the premises.
2.
No major body work shall take place at automobile service stations.
3.
No junked motor vehicle or part thereof or motor vehicle incapable
of normal operation upon the highway shall be permitted on the premises
of any service station. It shall be deemed prima facie evidence of
violation of this ordinance if more than three (3) motor vehicles
incapable of operation are located at any one time upon any premises
not within a closed and roofed building.
G.
Repairs. Any repairs of motor vehicles shall be performed in a fully
enclosed building. No parts or partially dismantled motor vehicles
may be stored out of doors.
H.
Tanks and Drains:
1.
Floor drains shall contain oil and grease traps and shall not be
connected to any sanitary sewer system or storm drain.
2.
All storage tanks shall be installed below ground level. Where the
possibility of contamination of underground water resources exists,
the applicant will be required to show that ample precautions against
leakage and seepage have been taken.
[Amended 7-14-87 by Ord. No. 10-87]
Funeral parlors, Churches, places of worship, and religious
instructional facilities may be permitted in any commercial zone as
a conditional use and are subject to the following conditional use
standards to allow use of a property for said land use:
A.
Lot area. The minimum lot area shall be thirty thousand (30,000)
square feet; the minimum lot width shall be two hundred (200) feet.
B.
Setbacks. The minimum requirements for lot depth, front yard, rear
yard, side yard, setbacks and building height shall conform to those
established for the R-1 Single-Family Residential Zone. However, in
no event shall the front or rear yards be less than the height of
the building, nor shall side yards be less than one-half (1/2) the
height of the building.
C.
Parking. Off-street parking facilities shall be provided on the premises in the rear and side yards, but not in the front yard, in the ratio and manner prescribed in § 97-123.7.
D.
Driveways. The construction of driveway entrances shall conform to the requirements set forth in § 97-123.7. Driveways must be at least ten (10) feet from any side lot lines and twenty-five (25) feet from the side line of residential property.
E.
Landscaping. The site plan shall clearly demonstrate that the location
of buildings and parking and entrance drives shall have been so located
as to minimize any detrimental effects upon adjacent property. It
may require buffers of foliage if necessary to protect surrounding
property from either light or noise generated in connection with the
use of the property.
Restaurants and taverns may be permitted as a conditional use
in all commercial zones, provided that the following standards and
conditions are met:
A.
Lot size. The minimum lot or parcel of land so used shall be twenty-five
thousand (25,000) square feet in area, with a minimum street frontage
of at least one hundred (150) feet and an average depth of at least
one hundred fifty (150) feet.
B.
Setback. The walls of the building shall be located at least fifty
(50) feet from an adjoining street right-of-way line, twenty-five
(25) feet from a side property line and fifty (50) feet from a rear
property line.
C.
Building size. The ground floor area of the building shall be at
least five hundred (500) square feet.
D.
Parking. Off-street parking shall conform to the requirements contained in § 97-123.7, and, in addition, the following conditions shall be met:
1.
Fencing, screening and buffers. Fencing and screening shall be provided along the side and rear property lines in accordance with the provisions of § 97-123.7C(11). All applicants shall provide buffers as defined in the ordinance and per the requirements of § 97-119.9E.
2.
Sidewalks. Sidewalks shall be raised and protected from vehicular
traffic, at least five (5) feet in width, and shall be provided along
the front and side building walls.
3.
Fire lanes. Appropriate fire lanes adjoining the building shall be
maintained where required.
E.
Driveways. The construction of entrance and exit driveways shall be in accordance with the provisions contained within § 97-123.7. There shall be a safety zone of at least twenty-five (25) feet between driveway openings, and no entrance or exit shall be located within ten (10) feet of an adjoining property line.
F.
Trash.
1.
Trash receptacles for customers shall be provided in the parking
area conveniently located for all parking spaces. There shall be at
least one (1) receptacle for each five (5) parking spaces, but in
no event less than four (4) receptacles. Such receptacles shall be
of appropriate design which will not detract from the general appearance
of the site and shall be well secured to the ground surface.
2.
An area shall be provided for the orderly and convenient deposit
and pickup of trash. Said area shall be known as the "refuse storage"
and shall be located in the rear yard, shall be enclosed on all four
(4) sides and shall be designed to conform in appearance to the principal
building. Said area shall be at least fifteen feet from an adjoining
property line.
G.
Fire. All restaurants and fast food establishments shall meet or
exceed all applicable fire code regulations.
Hospitals, nursing, assisted living facilities may be permitted
as a conditional use in the R-1 Single-Family Residential District,
provided that the following standards and conditions are complied
with:
A.
Lot size. The minimum lot area shall be forty thousand (40,000) square
feet; the minimum lot width shall be two hundred (200) feet.
B.
Setbacks. The structure or use shall conform to all the yard requirements
set forth in the R-1 Single-Family Residential District. Under no
conditions shall a principal structure be located closer to a property
or street line than the height of the building.
C.
Location. The lot or parcel upon which a hospital or hospital use
is located shall have direct access to an arterial street designated
on the Master Plan. The lot or parcel upon which a nursing, rest and
convalescent home is located or said use is located shall have direct
access to a street designated as either arterial or collector, as
shown on the Master Plan. None of said uses shall have access provided
to said site via a local residential street.
D.
Parking. Off-street parking facilities shall be provided on the premises in the rear, but not in the front or side yard, in accordance with the ratio and locational requirements contained in § 97-123.7. Hospitals shall be permitted to have emergency access and parking for access to the emergency room only, located within their front and/or side yard.
E.
Driveways. Driveways shall be located in accordance with the regulations contained within § 97-123.7 and shall be at least twenty-five (25) feet from any adjoining property lines.
F.
License. Hospitals, nursing homes and assisted living facilities
shall possess and/or secure a license as prescribed under the New
Jersey Hospital Licensing Act and shall conform to all regulations
and standards prescribed by the Bureau of Community Institutions,
State of New Jersey. A certificate of need shall be secured from the
New Jersey Department of Health for the proposed use.
G.
Signs. The erection and location of signs shall be in accordance with the provisions of § 97-123.9.
H.
Area impact. The hearing and review of said application shall disclose
that the proposed use in the proposed location will not adversely
affect the value of adjacent properties, that the design of any structures
erected in connection with such use are in keeping with the general
character of the residential area and that sufficient landscaping,
including trees, shrubs and lawn, are provided to serve as a buffer
between said use and the residential properties and to ensure an attractive
appearance of the use.
Kennels may be permitted as a conditional use in the I Limited
Manufacturing-Industrial District, provided that the following standards
are complied with:
A.
Lot size. The lot or parcel so to be used has an area of at least
two (2) acres. Not more than ten (10) dogs or cats or combination
thereof for each acre of lot area shall be kept at any time.
B.
Setbacks. Building, structures, pens or other enclosures in which
animals are kept shall be located at least one hundred (100) feet
from a property line.
C.
Outdoor runs or pens. Outdoor runs and pens shall be located within
the rear yard and shall be screened from view of the adjoining properties
by fencing and planting.
D.
Animals outside. Dogs and cats shall be contained in buildings, pens
or other enclosures at all times and shall be kept within the confines
of a building between the hours of 9:00 p.m. and 8:00 a.m.
E.
Sanitation. Any such kennels shall be approved by the Board of Health
to ensure proper sanitation and compliance with applicable state and
local health codes.
Fraternal, social, civic, recreational, philanthropic, charitable
or eleemosynary uses may be permitted as a conditional use in the
R-3 Village Residential District, provided that the following standards
and conditions are complied with:
A.
Lot size. The lot or parcel so to be used shall have area and lot
requirements in accordance with the district in which it is located.
B.
Setbacks. All buildings shall comply with the setback requirements
for the zone in which it is located. No building or structure shall
be located closer to any property line than the height of said building.
C.
Location. The property so proposed for this use shall have direct
access to an arterial or collector street as defined within the Master
Plan.
D.
Parking. Off-street parking facilities shall be provided on the premises in the rear and side yards, but not in the front yard, in the ratio, location and quantity prescribed in § 97-123.7.
E.
Driveways. Driveways must be at least twenty-five (25) feet from
any side or rear property lines.
F.
Screening. Fencing and screening shall be provided alongside and rear property lines in accordance with § 97-123.7C(11).
G.
Area impact. The hearing and review of said application shall disclose
that the proposed use in the proposed location will not adversely
affect the value of adjacent properties, that the design of any structure
erected in connection with such use are in keeping with the general
character of the residential area, and that sufficient landscaping,
including trees, shrubs and lawn, are provided to serve as a buffer
between said use and residential properties and to ensure an attractive
appearance for the use.
[Amended 7-8-86 by Ord. No. 16-86]
Private schools, but not trade schools, business schools, high schools or institutions of higher learning, may be permitted as a conditional use within residential and commercial districts as provided for in § 97-119 of this ordinance:
A.
Lot size. The minimum lot area for a nursery school shall be two
(2) acres, plus one (1) additional acre for each one hundred (100)
pupils. The minimum lot area for an elementary school shall be five
(5) acres, plus one (1) additional acre for each one hundred (100)
pupils. The minimum lot area for an intermediate school, high school
or institution of higher learning shall be ten (10) acres, plus one
(1) additional acre for each one hundred (100) pupils. No more than
ten percent (10%) of the site shall be covered by a building.
B.
Setbacks. The buildings proposed to be erected on the lot shall comply
with the yard and height requirements set forth for the zone district
in which they are located.
C.
Driveways. No driveway shall open onto a public street or road within
one hundred fifty (150) feet of an intersection of such street or
road with another public street or road. In determining the suitability
of proposed or existing driveways upon the site, the Planning Board
shall consider such factors as grade and site distances, the number
and pattern of driveways designed for ingress and egress points within
the area, the volume of traffic which may be anticipated on the site
and upon adjoining roads and the condition and width of the pavement
of the adjoining roads.
D.
Lighting. Illumination for night athletic activity shall be shielded
from view from adjoining streets and residential areas.
E.
Use statement. In addition to the use statement required in Article IX for site plan review, the applicant shall include a statement indicating the grade level of the pupils to be in the building or buildings, the planned pupil capacity of each building or buildings and the contemplated eventual enrollment of the school.
F.
State certification. The curriculum of the proposed school shall
be approved by the New Jersey Department of Education.
G.
Screening. Fencing and screening shall be provided alongside and
rear property lines in accordance with § 97-123.7C(11)where outdoor
athletic fields or play spaces are proposed within one hundred (100)
feet of a residential property line.
[Added 3-23-93 by Ord. No. 3-93]
Family Day Care Homes shall be deemed to be a home occupation
use and shall be subject to the same conditional use standards as
all other home occupations in the particular zone in which the family
day care home is located.
Public utility uses intended to be regulated by this section
apply to utility installations such as power-generating stations,
electric substations, power transmission lines, radio or television
signal towers, telephone exchanges and similar facilities, but shall
not apply to telephone, gas, water, sewer, electric or community antenna
television facility distribution lines and similar facilities intended
to provide direct service to properties, may be permitted in any zone
district by conditional use, provided that the following are complied
with:
A.
Lot size. The lot shall conform with the lot area requirements of
the zone in which it is located.
B.
Setbacks. All structures shall meet the yard and height requirements
of the zone in which it is located.
D.
Appearance. Any such building, structure or use shall be designed
and arranged so as not to detract from the appearance of the general
neighborhood nor have a detrimental effect on the value of adjoining
properties.
E.
Location. The utility shall provide proof that the proposed installation
in its specific location is necessary and essential for the efficiency
of the public utility system or the satisfactory and convenient provision
of service by the utility to the neighborhood or area in which the
particular use is to be located, provided that the design of any building
in connection with the facility conforms to the general character
of the area and will in no way adversely affect the safety and comfortable
enjoyment of property rights of the zone in which it is located, that
adequate and attractive fences and other such safety devices will
be provided and that sufficient landscaping including shrubs, trees
and lawns are provided and will be periodically maintained.
[Added 8-9-83 by Ord. No. 15-83; amended 4-12-94 by Ord. No. 7-94]
The intent and purpose of this section is to establish a procedure
and criteria to avoid the installation of amateur radio and satellite
reception antennas in a manner that would create an aesthetically
unpleasant or unsafe condition. There shall be permitted in all zoning
districts of the Borough, as a conditional use accessory to the principal
building.
(1)
Exemption of certain antennas from regulations. Pursuant to
the 1996 ruling of the Federal Communications Commission (FCC), the
following antennas are exempt from the provisions of this article:
(a)
A transmission satellite dish no greater than one meter (39.37
inches) in diameter.
(b)
A receive-only satellite dish greater than one meter (39.37
inches) and less than or equal to two meters (78.74 inches) in diameter
and located in a nonresidential zone district.
(c)
A transmission satellite dish no greater than two meters (78.74
inches) in diameter and located in a nonresidential zone district.
(2)
Limited applicability of regulations involving certain antennas.
Pursuant to the 1996 ruling of the Federal Communications Commission
(FCC), the provisions of this article shall apply to the following
antennas only to the extent such provisions do not impair the installation,
maintenance or use of such antennas. The determination regarding such
impairment shall be made by the Zoning Officer and may be appealed
in accordance with the procedures of the Borough of Waldwick.
(a)
Antennas designed to receive direct broadcast satellite service
(DBS), including direct-to-home satellite service, and no greater
than one meter (39.37 inches) in diameter.
(b)
Antennas designed to receive video programming services via
multipoint distribution services, including multichannel multipoint
distribution services (MMDS), instructional television fixed services
and local multipoint distribution services, and no greater than one
meter (39.37 inches) in diameter or diagonal measurement, provided
that, if such antennas are located on a mast, the mast is 12 feet
or less in height.
(c)
Antennas designed to receive television broadcast signals (TVBS),
provided that, if such antennas are located on a mast, the mast is
12 feet or less in height.
(3)
Freestanding satellite and amateur radio antennas.
(a)
Freestanding antennas shall only be permitted in the rear yard.
(b)
Freestanding antennas shall be effectively screened by a special
planting screen or fence as determined by the reviewing authority
to be necessary to minimize the view of the antenna from any adjacent
property or public street.
(c)
Freestanding antennas shall be set back a minimum of 35 feet
from all lot lines.
(d)
The height of an amateur radio freestanding antenna shall not
exceed 60 feet above the ground at the base of the antenna
(e)
The height of freestanding satellite dish antennas shall not
exceed 15 feet above the ground.
(f)
The diameter or diagonal dimension of freestanding satellite
dish antennas shall not exceed one meter (39.37 inches) in any residential
zone district or two meters (78.74 inches) in any nonresidential zone
district.
(4)
Roof-mounted antennas and satellite dishes.
(a)
If mounted on the roof of the principal building, the antenna
and supporting structures shall be set back from the building facade
a distance equal to or greater than the height of such antenna and
related structures above the elevation of the building where the antenna
and related structures are mounted, or as required by the Construction
Code, whichever is more restrictive. The antenna and supporting structures
shall also be located so as to minimize the view of the same from
any street, as determined by the Zoning Officer.
(b)
The height of any roof-mounted antenna shall not exceed the
height of the roof by more than 12 feet.
[Added 4-24-84 by Ord. No. 6-84]
A building or structure may be used, erected or converted for
use as supportive and special needs housing for the developmentally
disabled or a community shelter for victims of domestic violence (as
defined by N.J.S.A. 40:55D-66.1), subject to the following conditional
use requirements:
A.
No building or structure shall be used, erected or converted for
the use of community residences for the developmentally disabled or
community shelter for victims of domestic violence unless said building
or structure complies with the minimum requirements for fire safety,
sanitary facilities, structural safety as established by the current
edition of New Jersey Uniform Construction Code, and the requirements
of the American's with Disabilities Act (ADA).
B.
No building or structure shall be erected or converted for use of
community residences for the developmentally disabled or community
shelter for victims of domestic violence unless it complies with the
minimum current requirements of the barrier-free design regulations
as established by the State of New Jersey, Department of Community
Affairs.
C.
No community residence for the developmentally disabled or community
shelter for victims of domestic violence shall be located within one
thousand five hundred (1,500) feet of an existing community residence
or shelter.
D.
No community residence shall be considered for establishment within
the municipality when the number of persons other than resident staff,
resident at existing such community residences or community shelters
within the municipality, exceeds fifty (50) persons or five-tenths
(0.5) of the population of the municipality, whichever is greater.
E.
Signs shall not be permitted on the premises.
F.
Fencing and screening shall be provided along the side and rear property
lines.
G.
Any such building, structure, or use shall be designed and arranged
so as not to detract from the appearance of the general neighborhood
nor have a detrimental effect on the value of adjoining properties.
H.
A set of building plans and specifications, along with a plot plan
and statement setting forth the full particulars on the operation
of the structure or use, shall be filed with the application.
I.
Any application shall not adversely affect the health, safety and
welfare of the residents of the district. Furthermore, the proposed
use shall be in keeping with the general character of the residential
area, and sufficient landscaping, including trees, shrubs and lawn,
shall be provided to serve as a buffer.
[Amended 11-28-89 by Ord. No. 22-89]
A.
An amusement machine arcade shall be permitted to be located only
in the "I" Limited Manufacturing-Industrial zoning district of the
Borough of Waldwick and such amusement machine arcade shall be allowed
in such "I" district only upon approval by the Planning Board under
a conditional use procedure. An amusement machine arcade shall not
be permitted in any other zone even though such zone might permit
those uses permitted in the "I" Limited Manufacturing-Industrial Zone.
B.
An applicant shall submit a site plan and an amusement machine arcade
room layout in sufficient detail to allow such determination by the
Planning Board.
C.
The following specific requirements shall apply to the location,
layout and operation of an amusement machine arcade:
1.
A building within which an amusement machine arcade is the principal
use or that portion of any building used as an amusement machine arcade
shall be located at least two hundred (200) feet from any premises
used as a public, parochial or private elementary, middle, junior
high, high school, or premises upon which is located a place of worship.
A building within which an amusement machine arcade is the principal
use or that portion of any building used as an amusement machine arcade
shall be located at least eight hundred (800) feet from another building
or portion of a building used as an amusement machine complex.
2.
Adequate space shall be provided to reach a machine so as to
allow its use without overcrowding. A minimum width between amusement
machines of one and one-half feet shall be provided. The depth of
the space in front of the machine shall be at least five (5) feet.
3.
Off-street parking in addition to that otherwise required for
the users on the premises shall be provided in the amount of one space
per two amusement game machines or the minimum required off-street
parking for a retail use in the "I" District, whichever is greater.
Adequate parking shall be provided per the Americans with Disabilities
Act (ADA).
4.
Readily visible signs shall be installed, with their location, size and text, shown on the plans submitted to the Planning Board indicating the hours of operation and that persons under the age as specified in the licensing ordinance of Chapter 30 shall not be permitted during school hours to play such amusement game machine or amusement machine.
5.
A building or portion thereof used as an amusement machine arcade
shall comply with requirements for a non-residential building in an
"I" Zoning District as specified in this ordinance.
6.
To prevent obstruction of the public sidewalk and entry and
exits to an amusement machine arcade, a special on-site area shall
be set aside and designated for bicycle parking. Bicycle racks shall
be provided at the rate of one bicycle space for every three amusement
machines. Bicycle racks shall not be located in any required landscaped
areas, walkways to buildings, driveways, required vehicular parking
space nor shall such bicycle racks be spaced so as to obstruct any
entrance or exit to any premises.
7.
An amusement machine arcade shall be designed to minimize noise
emanating beyond the boundaries of such building or room containing
amusement game machines or amusement machines.
8.
An amusement machine arcade shall at all times have at least
one supervisory adult employee in attendance during operating hours.
Between 3 p.m. and closing in addition to the supervisory adult employee,
there shall be an additional adult employee to act as a security person
whose sole responsibility is to maintain good order and compliance
with all regulations.
9.
An amusement machine arcade shall maintain an operating telephone
or other device to alert police, fire and ambulance services in the
event of an emergency.
10.
At least two (2) bathroom facilities shall be provided for the
exclusive use of the patrons. One bathroom facility shall be designated
for use by members of the female sex and one for use by members of
the male sex.
11.
There shall be at least two (2) emergency exit doors.
12.
All requirements of the Fire Underwriters Code and the Uniform
Construction Code of the State of New Jersey shall be complied with.
A.
Banks are permitted as a conditional use in the C-2 Turnpike Commercial
District or C-3 Neighborhood Commercial District, provided that the
following standards and conditions are met:
1.
Minimum lot size shall be 18,000 square feet, and the minimum
street frontage of such lot shall be 120 feet. If a bank is located
on a corner lot, the minimum street frontage on each street shall
be 120 feet.
2.
No part of any building or structure shall be located within
100 feet of any residential use or residential zone district boundary
line.
3.
Minimum distance between driveways shall be 50 feet measured
from the two closest driveway curbs.
4.
Trash areas shall be fully enclosed and at least 15 feet from
any property line.
5.
Fencing, screening and buffers. Fencing and screening shall be provided along the side and rear property lines in accordance with the provisions of § 97-123.7C(11). All applicants shall provide buffers as defined in the ordinance and per the requirements of 97-119.9E.
6.
Stacking facilities to accommodate a queue of eight (8) vehicles
shall be provided for each drive-through lane proposed in a drive-through
bank. Each drive-through bank shall provide at least one (1) bypass
lane to allow customers to exit the queue and depart the premises.
A.
Mixed-use developments shall be permitted as a conditional use in
the VC-2 Village Center District, VC-3 Village Center District and
the C-1 Village Commercial District, provided that the following standards
and conditions are met:
1.
Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the C-1 District as listed in § 97-119.9A1, 2, 3, 4 and 13: retail trade stores, service uses, business and professional offices, personal services and child day care centers.
2.
One or more dwelling units shall be permitted on the upper floor(s) above any of the permitted ground floor uses in § 97-124.15A1. Access to upper floor uses shall be provided by means of a separate entrance than provided for ground floor uses.
3.
Minimum lot size shall be 10,000 square feet, and the minimum
street frontage of such lot shall be 100 feet.
4.
Trash areas shall be fully enclosed and at least 15 feet from
any property line.
5.
Fencing, screening and buffers. Fencing and screening shall be provided along the side and rear property lines in accordance with the provisions of § 97-123.7C(11). All applicants shall provide buffers as defined in the ordinance and per the requirements of 97-119.9E.
[Added 05-27-14 by Ord. No. 12-14]
A.
Animal Hospitals are permitted as a condition use in the C-1 Village
Commercial District, C-2 Turnpike Commercial District, C-3 Neighborhood
Commercial District, or I - Industrial District, provided the following
standards and conditions are met:
1.
Minimum lot size shall be 25,000 square feet, and the minimum
street frontage of such lot shall be 120 feet. If an animal hospital
is located on a corner lot, the minimum street frontage on each street
shall be 120 feet.
2.
No part of any building or structure shall be located within
100 feet of any residential use or residential zone district boundary
line.
3.
Minimum distance between driveways shall be 50 feet measured
from the two closest driveway curbs.
4.
Trash areas shall be fully enclosed and at least 15 feet from
any property line.
5.
Fencing, screening and buffers. Fencing and screening shall be provided along the side and rear property lines in accordance with the provisions of § 97-123.7C(11). All applicants shall provide buffers as defined in the ordinance and per the requirements of § 97-119.9E.
7.
All such facilities must be licensed by and meet the requirements
of any county, state or federal regulatory agency.
8.
Sufficient space shall be provided indoors for all animals kept
at the facility, and no animals shall be kept outside between 9:00
pm and 8:00 am.
[Amended 12-12-00 by Ord. No. 22-00]
Except as otherwise provided in this section, the lawful use
of land, structures or buildings existing at the date of the adoption
of this ordinance may be continued, although such use, building or
structure does not conform to the regulations specified by this ordinance
for the zone in which such land, structure, or building is located.
No nonconforming lot shall be further reduced in size.
A.
No nonconforming use may be enlarged or expanded. In addition, a
building or structure in which a nonconforming use is carried on may
not be enlarged or expanded.
B.
The abandonment or discontinuance of a nonconforming use shall result
in its termination. A nonconforming use shall be considered abandoned
when there occurs a cessation of any use or activity by an apparent
act or failure to act on the part of the tenant or owners to reinstate
such use within a period of one (1) year from the date of cessation
or discontinuance.
C.
The total destruction of a nonconforming use, or the total destruction
of a building or structure in which a nonconforming use is carried
on shall terminate the use.
A.
The total destruction of a nonconforming structure or building shall
terminate the right to maintain the nonconforming structure or building.
B.
No nonconforming building or structure shall be enlarged, extended
or increased, except that in residential zones, a nonconforming single-family
dwelling or a single family dwelling on a nonconforming lot may be
enlarged, extended or increased if:
1.
Said enlargement, extension or increase by itself conforms with all requirements of the zoning and site plan requirements of the Borough of Waldwick Land Use and Development Code and the dimensions and setback of said enlargement, extension or increase, when aggregated with the existing building, do not create or increase any yard, area, height, dimensional, bulk, parking or setback violation of Article XI, Zoning; and,
2.
The area of said enlargement, extension or increase, when aggregated
with the area of the existing building, does not exceed the maximum
lot coverage standard permitted in that zone.
A prospective purchaser, a prospective mortgagee or any other
person interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. The application
may be made to the zoning officer within one (1) year of the adoption
of the ordinance which rendered the use or structure nonconforming
or at any time to the Zoning Board of Adjustment.
No nonconforming use or structure shall, if once changed into
a conforming use or structure, shall be changed back again into a
nonconforming use or structure.
Lots appearing on maps which have been approved for filing and
which have been filed in the office of the Registrar of the County
of Bergen since the effective date of the Land Subdivision Ordinance
of the Borough of Waldwick are hereby exempted from the minimum lot
and yard requirements as provided in this ordinance. The minimum area
of all contiguous lots in single ownership shall be those shown on
said filed maps.
The minimum front and rear yard setback shall conform to the
established set back of existing buildings within one hundred (100)
feet of either side of said lot. If there are no existing buildings
within one hundred (100) feet on either side of said lot, front and
rear yard setbacks shall comply with the existing setback established
in this ordinance. When the average lot width is less than as prescribed
in the current zone district requirements, the side yard may be reduced
by the percentage that the average lot width bears to the zone district
requirements, but in no event shall a side yard be less than five
(5) feet. Off-street parking requirements shall be complied with.
All necessary elements permitted by the New Jersey Municipal Land Use Law regarding establishment, powers and function of the Board of Adjustment; conduct of hearings; notices; and appeals are thoroughly covered in Articles II through IV, (§§ 97-4 through 97-37) of the Land Use and Development Ordinance of the Borough of Waldwick.
[Amended 4-23-96 by Ord. No. 5-96]
(See § 48:56A-27.)
If an applicant desires a certified court reporter, the cost
of taking testimony and transcribing it with a copy of the transcription
available to the Borough shall be at the expense of the applicant
who shall also arrange for reporter's attendance.
[N.J.S.A. 40:55D-17]
(See § 48:97-83 of the Code of the Borough of Waldwick.)
(See § 48:97-84 of the Code of the Borough of Waldwick.)
A.
Before any person shall commence to construct, erect, raise, alter
or repair any building or structure, he/she shall first apply for
and obtain from the Building Inspector a permit signed by him/her,
and shall pay to the Building Inspector such fees as established by
this ordinance.
Before any person shall occupy a building or structure which has been constructed, he/she shall first apply for and obtain from the Building Inspector a certificate of occupancy and shall pay to the Building Inspector the fees as provided for in Chapter 39.
(See § 48:97-87 of the Code of the Borough of Waldwick.)
Following the review called for in § 97-128.7 for conditional use applications and approval of the application by the Planning Board, the Building Inspector shall be notified of the Planning Board's review and findings, and, if approved, said Inspector shall be instructed to issue a conditional use permit. No additional fee will be required other than that specified in § 97-127.1.
It shall be the duty of the Zoning Administrator of the Borough
of Waldwick to administer and enforce this ordinance. The Borough
Building Inspector may be appointed Zoning Administrator. In no case
shall a permit be granted for the construction or alteration of any
building where the proposed construction, alteration or use would
be in violation of any provision of this ordinance. It shall be the
duty of the Zoning Administrator to cause any new buildings, plans
or premises to be inspected or examined and to order in writing to
the owner that any condition be remedied which is found to exist in
violation of any provisions of this ordinance. He shall have the right
to enter any building or premises during the daytime in the course
of his/her duties.
No building in any district shall be erected, reconstructed,
restored or structurally altered that is not in compliance with the
New Jersey Uniform Construction Code (UCC), and that has not also
been issued a building permit upon application to the Building Inspector.
No building permit shall be issued unless the proposed construction
or use is in full conformity with all the provisions of this ordinance.
Any building permit issued in violation of the provisions of this
ordinance shall be null and void and of no effect, without the necessity
for any proceedings or revocation and nullification thereof, and any
work undertaken or use established pursuant to any such permit shall
be unlawful.
A.
Submission. Every application for a building permit shall contain
the following information and be accompanied by the required fee and
a plot plan drawn to scale and signed by the person responsible for
such drawing. All dimensions shown on these plans relating to the
location and size of the lot to be built upon shall be based upon
an actual survey of the lot by a licensed land surveyor in the State
of New Jersey.
1.
The actual shape, dimensions, radii, angles and area of the lot on
which the building is proposed to be erected or of the lot on which
it is situated, if an existing building.
2.
The block and lot numbers as they appear on the latest tax records.
3.
The exact location, size and height of the buildings and accessory
buildings existing and proposed, or alterations of existing buildings
or accessory buildings on the same lot.
4.
The dimension of all yards in relation to the subject building and
the distance between such buildings and any other existing building
on the same lot.
5.
The existing and intended use of all buildings, existing or proposed,
the use of land and the number of families or dwelling units the building
is designed to accommodate.
6.
The number and location of off-street parking spaces and off-street
loading areas, existing and proposed, designed to accommodate the
use proposed on such lot.
7.
Such topographic or other information with regard to the building,
the lot or neighboring lots as may be necessary to determine that
the proposed construction will conform to the provisions of this ordinance.
B.
Street access. No building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street
or highway as stipulated in N.J.S.A. 40:55D-35 and 55D-36.
C.
Site plan approval. No building permit shall be issued for any building
to be constructed or altered where such building is subject to the
site plan review and approval of the Planning Board except in conformity
with the plans approved by the appropriate municipal agency.
D.
Conditional use approval. No building permit shall be issued for
a building to be used for any conditional use in any district where
such use is allowed, except by approval of the Planning Board.
E.
Subdivision approval. No building permit shall be issued for any new building located in a subdivision unless that subdivision is duly approved by the Planning Board in accordance with the provisions of Article VIII, Subdivision of Land.
F.
Application. The building permit application and all supporting documents
shall be made in triplicate. On the issuance of a building permit,
the Building Inspector shall return one (1) copy of all filed documents
to the applicant.
G.
Time of approval. The Building Inspector shall, within twenty (20)
days after the filing of a complete and properly prepared application,
either issue or deny a building permit. If a building permit is denied,
the Building Inspector shall state in writing to the applicant the
reasons for such denial.
H.
Expiration of permit. Every building permit shall expire if the work
authorized has not been commenced within twelve (12) months after
the date of the issuance, or construction has not been completed within
eighteen (18) months from such date of issuance.
I.
Building to be staked out. The lot and the location of the building
thereon shall be staked out on the grounds before construction is
started.
J.
Certified foundation survey. As soon as the foundation of a new building
or alteration to an existing building is completed, and before the
first story framing or wall construction is begun, there shall be
filed with the Building Inspector a certified survey prepared by a
licensed New Jersey land surveyor, showing the exact location of such
foundation with respect to the street and other property lines on
the lot.
Zoning permits shall be secured from the Zoning Administrator
prior to the issuance of a building permit or construction, erection
or alteration of any structure or part of a structure or sign or upon
a change in the use of the land or a structure.
The occupancy and use of a building or part of a building hereafter
erected, structurally altered or moved, the change in use of an existing
building, the change in use of land or the change in use of a nonconforming
use or building shall be unlawful until a certificate of occupancy
shall have been applied for and shall have been issued by the Building
Inspector.
A.
Application requirements. Application for a certificate of occupancy
shall be made for a new building, or an existing building which has
been altered, on a form furnished by the Building Inspector. Such
certificate shall show that the building or part of a building and
the proposed use thereof conforms to the requirements of this ordinance.
Such application shall be applied for when all construction is completed
and a final inspection is desired certifying that the use and all
improvements on the property meet the requirements of this and other
applicable ordinances and codes of the Borough of Waldwick. It shall
be the responsibility of the Building Inspector to notify all appropriate
departments and agencies, including the Engineer and Sewer Authority,
that an application has been made for a certificate of occupancy and
that all final inspections should be made on the premises within five
(5) days of notice and, where necessary, that they shall include their
endorsement stipulating that all work has been complied with.
B.
Variance information. Every certificate of occupancy in connection
with which a variance has been granted shall contain a detailed statement
of such variance and of any conditions to which the same is subject.
C.
Time of approval. The Building Inspector shall, within ten (10) days
after the filing of a complete and properly prepared application,
either issue or deny a certificate of occupancy. If a certificate
of occupancy is denied, the Building Inspector shall state in writing
to the applicant the reasons for such denial.
D.
Duration. A certificate of occupancy shall be deemed to authorize,
and is required for, both initial and continued occupation and use
of the building or land to which it applies.
E.
More than one use in a building. In a building containing more than
one (1) use a certificate of occupancy shall be required for each
use. Upon the vacation of any building or use a new certificate of
occupancy shall be required prior to reestablishment of a new use
in such buildings.
F.
Owner's request. Upon written request by the owner, the Building
Inspector shall, after inspection, issue a certificate of occupancy
for any building or use thereof or of land existing at the time of
the adoption of this ordinance or of any applicable amendment thereto,
certifying that such use, including the number of employees, and whether
or not the use and/or building conforms to the provisions of this
ordinance.
G.
Violation and revocation. The Building Inspector shall serve notice upon the owner of the property of a violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified within this ordinance. The certificate of occupancy shall become null and void and the owner of the property shall be deemed to be in violation of this ordinance and subject to the penalties prescribed in § 97-129. A new certificate of occupancy shall be required for any further use of such building or land.
H.
Records. A record of all certificates of occupancy shall be kept
in the office of the Building Inspector, and copies shall be furnished
on request to any agency of the Borough or to any person having a
proprietary or tenancy interest in the building or land affected.
I.
Monthly reports. A monthly report of all certificates of occupancy
issued shall be filed with the Tax Assessor.
[Added 2-10-87 by Ord. No. 1-87; amended 2-25-03 by Ord. No. 6-03; 9-11-12 by Ord. No. 15-12]
A certificate of compliance is a document certifying that a
general inspection of the visible parts of the building has been made
and that there are no apparent violations of regulations.
B.
Exceptions. The following transactions are exempt from obtaining
a certificate of compliance:
C.
Application for certificate of compliance. The applicant shall apply
for a certificate of compliance on the form provided by the Borough
of Waldwick. A record of all certificates shall be kept on file at
the office of the Construction Code Official, and copies shall be
furnished upon request to any person having proprietary or tenancy
interests in the building affected.
D.
Fees. The following fees shall be charged for the issuance of a certificate
of compliance: (See§ 48:97-92-1D of the Code of the Borough of
Waldwick).
E.
Time limitations for approval. All certificates of compliance shall
be issued or denied within ten (10) days of the filing of the application.
A certificate of compliance shall be deemed valid for one (1) year
from the date of issuance. If a certificate of compliance is denied,
the Construction Official shall state the reasons for the denial.
An appeal of denial must be filed within ten (10) calendar days of receipt of the denial. Such appeal shall be filed with the Board of Adjustment if the basis of the denial involves violation or interpretation of Article XI, Zoning. If the basis of the denial involves a violation of the Uniform Construction Code the appeal shall be taken to the Bergen County Construction Board of Appeal. If the basis of the denial involves a violation of the Health Code the appeal shall be filed with the Board of Health.
[Added 3-23-93 by Ord. No. 3-93]
F.
Inspections. The applicant shall permit the building to be inspected
by the following Borough officials: Construction Official, who will
be responsible for the inspection and who can recommend further inspection
by the construction sub-code officials, Tax Assessor, Water Department,
and Board of Health. Refusal to permit one (1) or more inspections
shall result in the denial of the application. In addition to determining
that the premises is in compliance with the property maintenance,
Land Use and Development Ordinance, and all other applicable Municipal
ordinances and State laws. A certificate of compliance inspection
shall include a determination of compliance with the following:
1.
Installation of Smoke and Carbon Monoxide detectors in accordance with § 51-11 of the code of the Borough of Waldwick.
2.
Handrails shall exist for all stairways having three or more risers.
3.
No sump pump connections are to be connected to the sanitary sewer
piping.
4.
All open construction permits are to be closed.
5.
All newly installed (within ten years) items such as a furnace, hot
water heater, roof, siding, finished basement and electrical or plumbing
work have all received the necessary and required permits.
7.
Garages converted to other uses without permit or Municipal approval
(written proof required) shall be restored to a usable garage.
8.
House numbers are to be visible from the street.
G.
Responsibility for obtaining certificates. The responsibility for obtaining a certificate of compliance rests with the current owner of the property. No owner shall permit the occurrence of any event requiring a certificate of compliance under this section unless the requisite certificate has been issued, nor shall a tenant or occupant occupy any premises unless the requisite certificate has first been issued. Owners, tenants and occupants shall be jointly and separately responsible for failure to obtain the requisite certificate and are subject to penalties under § 97-129.1, entitled "Penalties". Transfer of title to real property may be permitted by the Construction Official provided the purchaser certifies in writing to the Construction Official that the purchaser shall correct all violations upon which the denial of the Certificate of Compliance was based in a reasonable time and further provided the purchaser and seller have established a reasonable escrow for the repair work.
[Amended 8-10-99 by Ord. No. 11-99]
H.
Notification. To assist in the enforcement of this section, a notice
shall be included on all tax searches and added assessment searches
prepared by the Tax Collector of the Borough of Waldwick, stating
that a certificate of continuing occupancy is required for a change
in use and occupancy, sale or the vacation of any building or portion
thereof used for a residential purpose within the Borough of Waldwick;
provided, however, that a failure to affix such notice shall not constitute
a defense for the failure to obtain a certificate of continuing occupancy
in violation of this section.
(See § 48:97-92.1 of the Code of the Borough of Waldwick.)
A.
Eligibility. It is recognized that it may be in accordance with the
purpose of this ordinance to permit temporary activities for a limited
period of time, which activities may be prohibited by other provisions
of this ordinance, if such uses are of such a nature and are so located
that at the time of petition, they will:
B.
Procedure. Then the Board of Adjustment may subject to all regulations
of this ordinance specified, direct the Zoning Administrator to issue
a permit for a period not to exceed six (6) months. Such a period
may be extended no more than once for an additional period of six
(6) months.
The Planning Board, in reviewing conditional use applications shall use the guiding principles and standards set forth in § 97-124 to determine that the proposed use will not be detrimental to the health, safety and general welfare of the Borough and is deemed necessary for its convenience.
A.
Application for permits. Application for permit for any conditional
use shall be made to the Planning Board by filing an application with
the Zoning Administrator. Such application shall set forth and be
accompanied by the following:
(1)
A site plan, drawn in accordance with Article IX, which site plan shall, in addition, show the location, type or kind of structure and present use of all buildings within two hundred (200) feet of any boundary line of the lot.
(2)
Where the applicant is a person other than the owner of the
lot, the written consent of the owner or owners authorizing the filing
of the application.
B.
Planning Board review. The Planning Board shall evaluate the proposed
conditional use and its relationship and conformity to the goals,
objectives and policies established by the Master Plan. In making
its recommendations, the Planning Board may suggest any revision to
the site plan, landscaping plan or other plans as will, in its opinion,
cause the proposed conditional use to be in substantial conformance
with the Master Plan and its principles of land use and development.
The findings, conclusions and recommendations of the Planning Board
shall be included in the record.
C.
Public hearing and notice. Within forty-five (45) days after the
receipt of a complete application, the Planning Board shall schedule
a public hearing on the application. At the time of the hearing the
applicant shall present to the Planning Board:
(1)
Certification of public notice in the local official newspaper
of the time, date, location and purpose of the public hearing on the
application at least ten (10) days prior to the hearing as required
by law.
(2)
Proof of service to all owners of record within two hundred
(200) feet of the site of the application.
D.
Planning Board actions. The Planning Board shall, within ninety-five (95) days of the date of a complete application, approve or deny such application. In approving any such application the Planning Board may impose any modifications or conditions it deems necessary to carry out the intent of this ordinance or to protect the health, safety or general welfare of the community. If an application is approved the Zoning Officer shall be instructed to issue a conditional use permit upon request of the applicant in accordance with the terms and conditions of the Planning Board's approval. The Planning Board may respectively deny any such application that complies with the minimum standards contained in § 97-124 of this ordinance but would in its judgment be deemed detrimental to the health, safety and welfare of the Borough.
In the application and interpretation of this ordinance, all
provisions hereof shall be held to be minimum standards or requirements
adopted for the promotion of the public health, safety, convenience
and general welfare of the Borough. Whenever the requirements of this
ordinance are at variance with the requirements of any other lawfully
adopted rules, regulations or ordinances, the most restrictive or
that imposing the highest standards shall govern.
An appeal to the Borough Council from a decision of the Board
of Adjustment approving an application for development pursuant to
N.J.S.A. 40:55D-70d shall be made by serving the Borough Clerk, in
person or by certified mail, a notice of appeal specifying grounds
in accordance with the provisions of N.J.S.A. 40:55D-17. Such appeal
shall be made within ten (10) days of the date of publication of such
final decision. Appellant shall within five (5) days of service of
the notice of appeal arrange for copies of the transcript from the
hearing below to be made. Notice of the meeting to review the record
shall be given to the applicant and those entitled to notice, by personal
service or certified mail, at least ten (10) days prior to the date
of the meeting. The Borough Council shall conclude a review of the
record not later than forty-five (45) days from the date of receipt
of the transcript of the hearing unless the appellant consents in
writing to an extension of such period.
In connection with powers exercisable hereunder, the designation
"Zoning Board of Adjustment" shall be deemed to include "Planning
Board" to the extent that the Planning Board has concurrent jurisdiction
of power by virtue of N.J.S.A. 40:55D-60 or the Zoning, Land Use and
Development Ordinance of the Borough of Waldwick, and the designation
"Planning Board" shall be deemed to include "Zoning Board of Adjustment"
to the extent that the Zoning Board of Adjustment has concurrent power
or jurisdiction by virtue of N.J.S.A. 40:55D-76 or the Land Use and
Development Ordinance of the Borough of Waldwick".
See § 1:14.1 of the Code of the Borough of Waldwick.
In case any building or structure is or is intended to be erected,
constructed or reconstructed, altered or converted, or any building
or structure is or is intended to be used in violation or contrary
to the provisions of this ordinance, the Borough Attorney shall, after
authorization by the governing body and in addition to other remedies
set forth in the statutes of the State of New Jersey and in this ordinance,
institute an action to enjoin, or any other appropriate action or
proceeding to prevent, such erection, construction, reconstruction,
alteration, conversion or use.
The Borough Council may from time to time amend or change, by
ordinance, the number, shape or area of the districts established
on the Zoning Map and the regulations set forth in this ordinance
in accordance with N.J.S.A. 40:55D-62.
If any section, paragraph, subdivision, clause or provision
of this ordinance shall be adjudged by the courts to be invalid, such
adjudication shall apply only to the section, paragraph, subdivision,
clause so adjudged, and the remainder of this ordinance shall be deemed
valid and effective.
Any and all other ordinances or parts thereof inconsistent with
the provisions of this ordinance are hereby repealed to such extent
as they are so deemed to be in conflict or inconsistent; provided,
however, that the adoption of this ordinance shall not prevent or
bar the continuance or institution of any proceedings for offenses
heretofore committed in violation of any existing ordinance of the
Borough of Waldwick.
This ordinance shall take effect immediately upon passage and
publication in the manner provided by law.
