a.
In reviewing any application for development, the Planning Board
shall consider:
(1)
Pedestrian and vehicular traffic movement within and adjacent to
the site with particular emphasis on the provision and layout of parking
areas, off-street loading and unloading and movement of people, goods
and vehicles from access roads, within the site, between buildings,
and between buildings and vehicles. The Planning Board shall ensure
that all parking spaces are usable and safely and conveniently arranged
and adequately marked. Access to the site from adjacent roads shall
be designed so as to interfere as little as possible with traffic
flow on these roads and to permit vehicles a rapid and safe ingress
and egress to the site. In site plans, the Planning Board shall determine
which roads shall be public and which shall remain private. The circulation
plan of each development shall reflect the Master Plan's circulation
plan element.
(2)
The design and layout of buildings and parking areas shall be reviewed
so as to provide an aesthetically pleasing design and efficient arrangement.
Particular attention shall be given to safety and fire protection,
impact on surrounding buildings and lands and environmental and ecological
consideration. Architectural design shall be compatible with the environmental
and natural characteristics of the tract and the surrounding neighborhood.
(3)
Adequate lighting shall be provided to ensure safe movement of persons
and vehicles and for security purposes. Lighting standards shall be
of a type approved by the Planning Board. Directional lights shall
be arranged so as to minimize glare and reflection on adjacent properties.
(4)
Buffering where required shall be located around the perimeter of
the site to minimize headlights of vehicles, noise, light from structures,
the movement of people and vehicles, and to shield activities from
adjacent properties. Buffering may consist of fencing, evergreens
shrubs, bushes, deciduous trees or combinations thereof to achieve
the stated objectives. Extensive buffering shall be required where
intensive land uses abut less intensive uses. Existing natural vegetation,
if appropriate for the above stated purpose, shall be retained.
(5)
Landscaping shall be provided as part of the overall site plan designed
and integrated into building arrangements, topography, parking and
buffering requirements. Landscaping shall include trees, bushes, shrubs,
ground cover, perennials, annuals, plants, sculpture, art and the
use of building and paving materials in an imaginative manner.
(6)
Open Space. Open space shall be provided as part of any site plan
and shall serve as a buffer or help integrate buildings and uses.
Undeveloped open space should have as a prime objective the presentation
of a tract's natural amenities. Ponds, rock outcroppings, wooded areas,
vistas, steep slopes, ravines, and stream beds are prime lands recommended
for undeveloped open space.
(7)
Signs shall be designed so as to be aesthetically pleasing, harmonious
with other signs on the site, and located so as to achieve their purpose
without constituting hazards to vehicles and pedestrians.
(8)
Storm drainage, sanitary waste disposal, water supply shall be reviewed
and considered. Particular emphasis shall be given to the adequacy
of existing systems and the need for improvements, both on-site and
off-site to adequately carry runoff and sewage and to maintain an
adequate supply of water at sufficient pressure.
(9)
Waste storage.
[Ord. No. 2008-16 § 3]
(a)
Each nonresidential building shall provide at least one trash
and recycling pickup location, either within the building or outside
the building in the rear yard area. All outside locations shall be
obscured from view from parking areas, streets and adjacent districts
by a fence, wall, planting or combination of the three as approved
by the Planning Board. Garbage disposal and recycling shall be reviewed
to ensure frequent collection, vermin and rodent protection. All systems
shall meet governmental specifications as to installation and construction.
(b)
Any new multifamily housing development, single-family housing development of 50 or more units, or any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land (except those exempt under § 144-3B of the Borough Code, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the Borough Recycling Coordinator and § 17-24.9, Solid Waste and Recycling of the Borough of Mount Arlington's Code.
(10)
Soil erosion and sedimentation control shall meet the standards
established in the Morris County Soil Conservation District.
(11)
Conformance with Master Plan or Official Map. All developments
shall conform to the proposals and conditions shown upon the Master
Plan or Official Map. Streets, drainage rights-of-way, school sites,
public parks, and playgrounds and other public areas shown on the
Master Plan or Official Map shall be shown on the plan of a proposed
development in locations and sizes suitable to their intended uses.
The Board may reserve the location and extent of such public areas
in accordance with the requirements of N.J.S.A. 40:55D-44.
The requirements contained elsewhere in this Chapter as they
relate to circulation, performance standards, location of structures,
setbacks, yards, bulk, height and coverage, shall apply to site plan
approval.
The design criteria established in Article VI shall apply, where appropriate, to site plan approval.
Construction requirements for the handicapped established by
the State shall apply to all site plans.
a.
Driveway Dimensions. Driveway dimensions shall be designed to adequately
accommodate the volume and character of vehicles anticipated. The
following criteria shall be utilized in determining curb return radii,
locations and site distances, subject to particular requirements as
to circulations design:
|
Land Use
|
Curb Return Radius
(feet)
|
|---|---|
|
Multiple-family (less than 20 (families)
| |
|
One-way
|
20 min.
|
|
Two-way
|
30 min.
|
|
Multiple-family (more than 20 (families)
| |
|
One-way
|
20 min.
|
|
30 max.
| |
|
Two-way
|
25 min.
|
|
35 max.
| |
|
Commercial, Industrial, Office
| |
|
One-way
|
35 min.
|
|
Two-way
|
45 max.
|
|
Service stations
| |
|
One-way
|
20 min.
|
|
Two-way
|
35 max.
|
b.
Minimum Sight Distances. Any driveway providing access to a public
or private street shall be so designed in profile and grading and
shall be so located to permit the following minimum sight distances,
measured in each direction, along the intersecting street. Measurement
shall be made from the driver's seat of a vehicle standing on that
portion of the exit driveway with the front of the vehicle a minimum
of 10 feet behind the edge of the paved right-of-way, with the height
of the eye on 3.75 feet to the top of the object 4.5
|
Maximum Allowable Speed on Street
(mph)
|
Required Sight Distance
(feet)
|
|---|---|
|
25
|
300
|
|
30
|
350
|
|
35
|
425
|
|
40
|
475
|
|
45
|
525
|
|
50
|
600
|
c.
Minimum Distances Between Driveways. In all cases, a minimum clear
distance of 50 feet measured along the right-of-way line shall separate
the closest of any two driveways.
a.
The Planning Board in its discretion, may require roadway widening
or other street improvements, including acceleration and deceleration
lanes. Where such determination is made, the following minimum standards
shall be applicable:
b.
The area behind the taper shall be cleared of all obstructions for
an appropriate distance from the center line of the road which would
present a hazard to vehicles approaching the pavement taper edge.
a.
Required Number by Use:
|
Use
|
Required Parking Spaces
|
|---|---|
|
Automotive service station
|
3 parking spaces for each bay plus not less than 1 for each
service vehicle
|
|
Bank and savings institution
|
1 parking space for each 250 sq. ft. of gross floor area
|
|
Churches and other places of worship
|
1 for each 3 seats, or 1 for each 72 inches of seating space
when benches rather than seats are used
|
|
Community building, social hall, and place of public worship
|
1 parking space for each 2 seats, except where a specific amount
of seating is undetermined, then 1 parking space shall be required
for each 75 sq. ft. of assemblage area
|
|
Country club
|
1 for each 100 sq. ft. of gross floor area occupied by all principal
or accessory structures except those used for parking purposes
|
|
Farm or garden produce sold on the premises
|
10 parking spaces
|
|
Funeral home, mortuary
|
10 spaces plus 1 space for 50 sq. ft. of gross floor area
|
|
Golf driving range
|
2 for each tee.
|
|
Industrial use
[Reserved by Ord. No. 99-9 § 7] | |
|
Laboratory and research use
|
1 parking space for every 500 sq. ft. of gross floor area
|
|
Medical or dental clinic or office
|
4 spaces for each doctor or dentist, plus 1 space for each 250
sq. ft. of gross floor area
|
|
Motel, hotel, motor lodge
|
1 for each rental unit, and in addition, compliance with the
requirements for each particular additional use located on the property,
such as restaurants, eating and drinking establishments, retail stores
and meeting rooms
|
|
Nursing home
|
1 for each bed
|
|
Office, business or professional (other than medical or dental)
|
1 space for every 250 sq. ft. of gross floor area
|
|
Residential dwelling
|
2 parking spaces for each dwelling unit
|
|
Restaurant, eating and drinking establishment and catering hall
|
1 for each 2 1/2 seats
|
|
Retail store, store group, shops, etc.
|
1 for each 200 sq. ft. of gross floor area
|
|
Theater
|
1 for each 3 seats
|
|
Warehouse
|
1 for each 5,000 sq. ft. of gross floor area
|
(1)
Off-street parking requirements for a combination of uses shall
be computed separately and then added together to compute the total
number of required parking spaces. In all questionable or doubtful
cases, or for uses not enumerated, the Planning Board shall determine
the required number of spaces, utilizing as a standard the requirements
for the uses which are specifically enumerated in this section.
(2)
Parking of Commercial Vehicles in Residential Areas. The parking
of all commercial vehicles in residential areas shall be prohibited
except that one such vehicle may be parked in a wholly enclosed garage
as an accessory use to the principal permitted use. Outdoor parking
of commercial vehicles in a residential zone shall be prohibited.
No commercial vehicles weighing over 10,000 pounds or over 30 feet
in length shall be permitted on-site, whether garaged or not.
b.
Location of Stalls. No off-street parking or loading area shall be
located in a minimum required front yard except for single-family
structures. The minimum setback for parking or loading areas in the
side and rear yards shall be 10 feet.
c.
Off-street parking stalls shall not block principal entrances to
a building. A minimum of a 20 foot wide pedestrian drop-off island,
free of vehicular parking, shall be provided to permit unencumbered
pedestrian access to the principal building entrances. The circulation
systems should be designed so as to provide direct access to the building
without requiring pedestrians to pass between parked cars. The Planning
Board, in its discretions, may require appropriate breaks in the parking
bays to permit adequate pedestrian access to the building.
d.
A landscaped island having a minimum width of 12 feet shall be provided
between abutting bays of parking. Furthermore, no more than 20 parking
stalls may be developed in a continuous row without the introduction
of a landscaped island having a minimum dimension of nine feet by
18 feet.
e.
Size of Parking Stalls. Each off-street parking space shall have
an area of not less than 162 square feet at least nine feet in width
by 18 feet in length and shall be of usable shape and condition. Parallel
curb parking spaces shall measure eight feet in width and 24 feet
in length. Except in the case of one-family and two-family dwellings,
no parking area provided hereunder shall be established for less than
three spaces.
f.
Minimum and Maximum Grades in Parking Areas.
|
Maximum Grade
(percent)
|
Minimum Grade
(percent)
| |
|---|---|---|
|
Parking stalls and service aisles
|
6
|
1/2
|
|
Main approach walkways buildings
|
4
|
1
|
|
Collector or other service walkways
|
6
|
1
|
|
Principal circulation aisles
|
6
|
1/2
|
|
Driveway entrances and exits up to 25 feet from curbline
|
4
|
1/2
|
|
Driveway entrances and exits beyond 25 feet from curbline
|
12
|
1/2
|
|
Any vertical curve on a driveway connecting a street with a
parking lot or area shall be designed to prevent the dragging of any
vehicle's undercarriage.
|
g.
Access. There shall be adequate provision for ingress and egress
in all parking spaces. Access drives or driveways shall be not less
than 15 feet for either ingress or egress and 24 feet wide for both
ingress and egress area requirements. No driveway or access drive
shall be closer than 50 feet to any two intersecting streets.
h.
Size of Aisles. The width of all aisles providing direct access to
individual parking stalls shall be in accordance with the requirements
set forth below. Only one-way traffic shall be permitted in aisles
serving parking spaces placed at an angle other than ninety degrees.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
|---|---|
|
0 (parallel parking)
|
12
|
|
30
|
12
|
|
45
|
12
|
|
60
|
18
|
|
90 (perpendicular parking)
|
24
|
i.
Location in Different Zones. No access drive or driveway shall be
located in any residential zone to provide access to uses other than
those permitted in such residential zone.
j.
Sidewalks and Curbing. Sidewalks between parking areas and principal
structures, along aisles and driveways and a minimum width of four
feet of passable area and shall be raised six inches or more above
the parking area except when crossing streets or driveways. Guiderails
and wheel stops permanently anchored to the ground shall be provided
in appropriate locations. Parked vehicles shall not overhang or extend
over sidewalk areas, unless an additional sidewalk width of 2 1/2
feet is provided to accommodate such overhang.
k.
Landscaping, Paving, and Drainage.
(1)
In outdoor parking lots with 10 of more spaces, not less than
10% of the parking area shall be suitably landscaped to minimize noise,
glare, and other nuisance characteristics, as well as to enhance the
aesthetics, environment and ecology of the site and surrounding area.
Waived required parking areas which are landscaped shall not be included
in the required 10%.
(2)
The landscaping shall be located at the entrance of the lots,
in protected areas along walkways, center islands and at the end of
bays. In narrow islands, low spreading plants, such as creeping juniper,
are appropriate.
(3)
All landscaping in parking areas shall be carefully located
so as not to obstruct vision.
(4)
Off-site drainage facilities and structures requiring enlargement,
modification or reconstruction resulting in part from, or totally
as the result of the proposed development shall be subject to off-site
improvement requirements and standards as established in the Land
Development Chapter.
l.
Lighting. All areas lighting shall provide for lights focused downward,
translucent fixtures and shielding, or such other light orientation
and shielding to prevent light spillage off the site. The light intensity
provided at ground level shall be a minimum of 0.3 footcandle anywhere
and shall average a maximum of 0.5 footcandle over the entire area.
At no point shall the illumination over the property line exceed 0.2
footcandle. Mounting heights shall generally not exceed 20 feet. Lower
heights shall be used for walkways. Greater heights, not exceeding
25 feet, may be used in large parking areas. For each fixture and
lighted sign, the total quantity of light radiated above a horizontal
plane passing through the light source shall not exceed 7.5% of the
total quantity of light emitted from the light source. Any outdoor
lighting shall be shown on the site plan in sufficient detail to allow
determination of the effects at the property line and on nearby streets,
driveways, residences, and overhead sky glow. The objective of these
specifications is to minimize undesirable off-site effects. No light
shall shine directly into windows or onto streets and driveways in
such a manner as to create a nuisance or interfere with or distract
driver vision. To achieve these requirements, the intensity of such
light sources, light shielding, and similar characteristics shall
be subject to site plan approval.
m.
Markings and Access. Parking stalls, driveways, and aisles shall
be clearly marked and delineated. The Planning Board may require certain
areas be maintained for fire-fighting or other emergency purposes,
and these areas shall be appropriately designated.
n.
Waiver of Parking Requirements. If any applicant can clearly demonstrate
to the Planning Board or if the Planning Board determines that, because
of the nature of the operation or use, the parking requirements of
this section are unnecessary or excessive, the Planning Board shall
have the power to approve a site plan showing less paved parking area
than is required by this section; provided, however, that a landscaped
area of sufficient size to meet the deficiency shall be set aside
and reserved for the purposes of meeting future off-street parking
requirements in the event that a change of use or operation of the
premise shall make such additional off-street parking spaces necessary.
a.
In any zone, in connection with every building or building group
or part thereof hereafter erected which is to be occupied by nonresidential
uses, there shall be provided and maintained on the same lot with
such building, in addition to any required vehicular parking, off-street
loading and unloading space in the following ratio:
b.
Each such space shall be not less than 12 feet in width, 50 feet
in length and 14 feet in height and shall not occupy any part of any
required front or side yard; provided, however, that on lots on which
the side yard abuts a limited access highway such loading space may
occupy the side yard. No such space shall be located closer than five
feet to any property line.
c.
Loading and unloading areas may be used only for the parking of trucks
and/or trailer used solely to service the facility where located.
d.
A sign stating that all truck engines shall be turned off upon parking
shall be prominently posted in all loading and unloading areas.
e.
Where an applicant can demonstrate to the Board's satisfaction that
the number of off-street loading and unloading requirements are not
appropriate for the applicant's proposed use, the Board may waive
said requirements.
Off-street parking and loading facilities for separate uses
may be provided jointly if the total number of spaces so provided
is not less than the sum of the separate requirements for each use,
provided that all regulations governing the location of accessory
spaces in relation to the use served are adhered to. Further, no accessory
space or portion thereof shall serve as a required space for more
than one use unless otherwise approved by the Planning Board as provided
herein in accordance with the purposes and procedures set forth herein.
a.
Every parcel of land hereafter used as a public or private off-street
parking or loading area shall be maintained in good condition, free
of hazards and deterioration. All pavement areas, sidewalks, curbs,
drainage facilities, lighting, bumpers, guardrails, markings, signs,
landscaping and other improvements shall be maintained in workable,
safe and good condition.
b.
The Borough Council may authorize repairs for such improvements,
if, after proper notice, the owner fails to maintain such improvements
and such conditions constitute a hazard to health and safety or where
such improvements are governed by a development or other similar agreement.
a.
When Required. All uses, other than single-family detached dwellings
when used exclusively for residential purposes, which shall abut a
single-family residential zone, shall be required to install, plant
and maintain a buffer zone in accordance with the provisions of this
subsection.
b.
Restrictions on Buffer Zone.
(1)
No principal or accessory structure, other than as may be provided
herein, nor any off-street parking or loading areas or other use,
shall be permitted within the buffer zone.
(2)
No access or driveways, other than as may be permitted by the
Planning Board shall be permitted within the buffer zone.
(3)
In the instance where the Planning Board determines that the
buffer areas shall be installed to provide a year round visual screen,
the size, variety and planting design of the buffer areas shall be
as approved by the Planning Board. Buffer areas shall be located completely
within the site and either contain natural existing vegetation or
be created by the combined use of trees, shrubs, berms, fences or
walls designed to continuously limit view of the site from adjacent
properties. Planting shall consist of massed evergreen and deciduous
trees and shrubs, planted and maintained in such a fashion that they
will produce within two growing seasons a continuous visual screen
at least six feet in height. The quantity of natural screening existing
on the property shall be taken into consideration.
(4)
Underground utility easements shall be permitted, when deemed
necessary or desirable by the Planning Board.
(5)
Unless otherwise specified in this article, all buffer zones
shall be a minimum of 10% of the minimum lot width or lot depth in
the zone in which it is located; provided, however, that no buffer
zone need be greater than 75 feet.
(6)
The area encompassed in the buffer zone may be utilized for
the purpose of computing lot coverage and yard setbacks.
[Ord. No. 04-07 § 4]
It is the intent of these regulations to provide for attractive,
coordinated, informative and efficient signing for uses in the Borough.
The following signs shall be permitted only in compliance with the
following provisions:
a.
Signs in Residential Districts. Only the following types of signs
shall be permitted in residential districts:
[Ord. No. 04-07 § 3]
(1)
Nameplate
and Identification Signs for Single-Family Dwellings. A sign indicating
the name or address of the occupant may be permitted provided that
the sign shall be no larger than two square feet. Only one sign per
dwelling unit is permitted in addition to a mail box identification
sign.
(2)
Institutional Signs. Signs of schools, colleges, churches and
other institutions of a similar public or semi-public nature may be
erected and maintained provided that:
(a)
The size of any freestanding sign shall not exceed 32 square
feet and not more than one such sign is placed on a property, unless
such property fronts upon more than one street, in which instance
a sign may be erected on each frontage.
(b)
Signs may be affixed to a maximum of two walls of a structure
and the total sign area on each wall shall not exceed 5% of the area
of that wall measured from ground level to the bottom of the roof
eaves and from the side of the building to the other side.
(3)
Signs Accessory to Parking Areas. Signs designating entrance
or exits to or from a parking area shall be limited to one sign for
each such exit or entrance, with a maximum size of four square feet
for each sign. One sign per parking area designating the conditions
of use or identity of such parking area and limited to a maximum size
of six square feet shall be permitted. Private driveway signs indicating
the private nature of a driveway shall be permitted, provided that
the size of any such signs shall not exceed two square feet.
b.
Signs in the RG-5 Zone. One sign at the entrance of each development
shall be permitted, provided that no such sign shall exceed 20 square
feet. Conveniently located building identification and directory signs
shall be permitted within such developments.
c.
Signs in the B-1 District. No sign shall be permitted which is not
accessory to the business conducted on the property. Such signs may
be erect on an exterior wall in accordance with the following requirements:
(1)
Number and Size of Signs. No business establishment shall be
permitted a total of more than two signs, provided, however, that
no single exterior wall of any one establishment shall contain more
than one of the two permitted signs. The total sign area for the sign
permitted on the face of any wall shall not exceed 5% of the face
of the wall area or 40 square feet, whichever is less.
(2)
Rear Wall and Side Yard Signs. No signs will be permitted on
rear walls or side walls when said wall abuts a residential use or
zone or any public or institutional use.
(3)
Freestanding signs. There shall be permitted a maximum of one
freestanding sign advertising the business establishments and/or services
located on the lot therein, provided that:
(a)
The maximum height of the freestanding sign shall not exceed
20 feet.
(b)
The area of said sign shall not exceed 30 square feet on each
side or surface.
(c)
The location of said sign shall not be nearer than 1/2 the setback
from any abutting road right-of-way Line or property line.
(d)
The base of said sign shall be an improved area in harmony with
the overall internal road system and off-street parking layout, and
shall be appropriately landscaped.
(4)
For Sale or Rent Signs. These shall be permitted under the same
terms and conditions as set forth in residential zones except that
the area of for sale or rent signs for developed business properties
may be 20 square feet.
d.
Signs for Multi-Use Development, Shopping centers, Hotels, or Industrial
Parks. Shopping centers, industrial parks, planned developments, multi-tenanted
structures, or multi-structure uses shall be governed by the following
regulations.
(1)
Each such development shall submit a signing plan to the Planning
Board for approval. Such signing plan shall include details on:
(2)
The signing plan shall be based on an integrated design theme
to include all of the elements of (1) [a] through [h] above. All of
the above elements shall be designed to be in harmony and consistent
with each other, the architecture and materials of principal structure
and the landscaping plan. The Planning Board, in its sole discretion,
shall determine if a proposed signing plan meets the goals and objectives
of this section.
(3)
The total area of all signs affixed to a structure shall not
exceed 5% of the building facade of the structure. The Planning Board
may permit in total sign area up to 7% of the building facade, if,
in the Planning Board's judgment, such additional area shall assist
in developing a harmonious and integrated sign plan in accordance
with the goals and objectives of this subsection.
(4)
Freestanding signs to be located on poles, kiosks, stanchions,
or similar supports shall not project above 12 feet. Such signs shall
have an area not in excess of 5% of the building face fronting on
the street but in no event greater than 100 square feet. The Planning
Board may permit a total sign area of up to 150 square feet if in
the Planning Board's judgment, such additional area shall assist in
achieving the goals and objectives of this subsection.
Only one such freestanding sign shall be permitted on any single
property regardless of the number of establishments on the property
except that the Planning Board may authorize an additional freestanding
sign if the property has access from more than one public street.
The freestanding sign shall be located a minimum of 40 feet from the
right-of-way line or 1/2 the required minimum front or rear yard setbacks
and comply with the side yard requirements of the zone.
e.
General Regulations Applying to Signs. The following regulations
shall apply to all permitted and pre-existing nonconforming signs:
(1)
Whenever the Construction Official shall determine that a sign
has become structurally unsafe or endangers the safety of the building
or the public, the Construction Official shall order such sign be
made safe or removed. Such order shall be complied with within 10
days of the receipt thereof by the person owning or using the sign,
or the owner of the building or premises on which such unsafe sign
is affixed or erected.
(2)
Unless otherwise provided in this Chapter, signs shall not be
located closer than the following distances to street rights-of-way:
|
Area of Sign
|
Minimum Distance
|
|---|---|
|
Less than 25 square feet
|
20 feet
|
|
26-75 square feet
|
25 feet
|
|
74 or more square feet
|
30 feet
|
|
The Planning Board shall be authorized to waive the strict application of § 17-24.8e(2) if, because of local site conditions, strict adherence would cause inconvenience to the public or constitute a hazard. Unless otherwise specified in this Chapter or indicated on an approved site plan, the Construction Official shall approve the location of all signs.
|
(3)
The area surrounding ground signs shall be kept neat, clean,
and landscaped. The tenant, owner or occupant, to which the sign applies,
shall be responsible for maintaining the condition of the area.
(4)
Directional signs having areas less than three square feet are
exempt from area and location regulations but shall be shown on an
approved site plan and further providing they do not constitute a
hazard to the travelling public.
(5)
All signs shall be kept in good repair which shall include replacement
or repair of broken structural elements, casings, or faces, maintenance
of legibility and all lighting elements working.
(6)
Any location where business goods are no longer sold or produced
or where services are no longer provided shall have 90 days to remove
any remaining or derelict on-premise signs following notification
by the Borough and at the expense of the owner of such property. When
the written notification has been given by the Borough and compliance
has not been made within the required 90 day period, the Borough may
cause removal of such sign with the cost for such removal to be attached
to the property.
(7)
Applicant shall also comply with all applicable county, state,
and federal sign regulations.
(8)
Should a nonconforming sign be destroyed, it cannot be replaced
except in a conforming manner.
(9)
Where a sign for a nonresidential use is directly adjacent to
or across from a residential zone, the Planning Board may in its discretion
reduce the area of the sign by not more than 10% and the Planning
Board may further require additional screening, light control and
buffering so as to minimize any adverse impacts such sign will have
on the adjacent or abutting residential zone.
(10)
Obstruction of Access Ways. No sign or sign structure shall
obstruct a fire escape, door, window, or other required access way.
No sign shall be attached to a standpipe or fire escape, except those
signs required by the municipal authority.
[Ord. No. 22-09]
(11)
Obstruction of Window Surface. No sign shall project over, occupy
or obstruct any window surface required for light or ventilation.
[Ord. No. 22-09]
(12)
Signs in Rights-of-Way. No sign or any part of a sign, except
publicly owned or authorized signs, shall be placed in or extend into
or over any public right-of-way if same impedes traffic or obscures
the ability of persons traversing the public streets and sidewalks
to safely view the roadway as determined by the Police Department
using NJDOT regulations regarding traffic safety.
[Ord. No. 22-09, Ord. No. 09-10]
(13)
Signs Affixed to Certain Structures. No sign shall be affixed
to any roof, tree, fence, utility pole, or other similar structure
nor placed upon motor vehicles which are continually or repeatedly
parked in a conspicuous location to serve as a sign; however, nothing
is intended to prohibit the placement of signs not exceeding three
feet in any dimension, directing traffic or identifying various parking
locations within a lot on light poles and utility poles erected therein.
Signs painted on pavement surfaces shall be restricted to traffic
control markings only.
[Ord. No. 22-09]
(14)
To avoid confusion with vehicular traffic signs, no signs shall
use red, yellow, or green lighting within 100 feet of a traffic signal.
[Ord. No. 22-09]
(15)
No illuminated signs shall be permitted where the lighting constitutes
a safety hazard to vehicular traffic.
[Ord. No. 22-09]
(16)
No signs shall include wording that is obscene.
[Ord. No. 22-09]
(17)
No signs shall simulate; official, direction, or warning signs,
or otherwise create confusion with those erected or maintained by
the State, County, Borough, railroad, public utility or agency concerned
with the protection of public health or safety.
[Ord. No. 22-09]
(18)
No signs shall hide, conceal or obstruct from view any traffic
or street sign or signal.
[Ord. No. 22-09]
(19)
No sign shall distract the attention of the operator of a motor
vehicle.
[Ord. No. 22-09]
(20)
There shall be no placement of signs that interfere or otherwise
obstruct the view of the vehicular and pedestrian traveling public.
[Ord. No. 22-09]
(21)
All signs, unless specifically exempted, shall be placed upon
private property and with the consent of the property owner.
[Ord. No. 22-09]
f.
Temporary Signs. The following temporary signs are permitted:
[Ord. No. 04-07 § 4]
(1)
A sign advertising a "garage sale" located on the same residential
lot as the goods that are for sale. A permit for such sign shall be
obtained from the Borough Zoning Officer at a cost of $10 per sign.
There shall be no more than one garage sale per year and the display
of the sign shall not exceed three weeks.
(2)
A sign advertising a "grand opening" or other special event
located on the same lot as the goods, service or real estate that
is for sale. The size of the sign shall not exceed six square feet.
A permit for such sign shall be obtained from the Borough Zoning Officer
at a cost of $10. There shall be no more than one special event per
year and the display of the sign shall not exceed three weeks. In
the case of businesses located within a multi-unit development each
business shall be permitted one special event per year.
[Ord. No. 10-11 § 6]
(3)
A sign advertising the services of a tradesman on the lot on
which the service is being conducted. The sign shall be removed when
the services are completed.
(4)
A sign of no more than five square feet advertising the sale
or rental of real estate located upon the same lot as the real estate
that is for sale or rental.
(5)
A sign of no more than 32 square feet advertising the sale or
rental of developments of four or more dwellings or lots which is
located on the property being developed. One sign shall be permitted
on each frontage if the development fronts on more than one street.
The sign shall be removed when all the dwellings or lots are sold.
(6)
A sign of no more than thirty-two square (32) feet advertising
the sale or lease of land with five acres or more and 500 feet of
frontage which is located upon the land being sold or leased.
(7)
Temporary sign(s) may be installed and/or placed for no more
than 45 days from the date of approval of the application.
[Ord. No. 09-10]
(8)
Temporary sign(s) must be removed at the expiration of the 45
days.
[Ord. No. 09-10]
(9)
No temporary sign(s) shall be installed and/or placed on Borough
owned property and/or rights of way of the Borough except by the Borough.
[Ord. No. 09-10]
(10)
The owner of the temporary sign as well as any property owner
allowing same to be installed and/or placed or private property shall
be responsible for any violations of this section.
[Ord. No. 09-10]
(11)
Approval of an application for a sign permit by the Borough
of Mount Arlington does not constitute support, and/or approval of
any message contained on any temporary sign(s) authorized by this
section.
[Ord. No. 09-10]
(12)
Temporary sign(s) installed and/or placed within the bounds
of the Borough of Mount Arlington, not in accordance with this section,
shall be removed by the Zoning Officer at the sign owner's expense.
[Ord. No. 09-10, amended
by Ord. No. 12-2015]
g.
Political Signs. All political signs shall be clearly marked with the name and address of the person, organization or committee responsible for removal of such sign. Political signs shall otherwise comply with the provisions of this section regarding temporary signs and the general requirements for signs, except that no fee pursuant to § 17-24.8(i) shall be required for political signs.
[Ord. No. 04-07 § 4, Ord. No. 22-09, Ord. No.
09-10]
h.
Prohibited Signs. The following signs are prohibited in all zone
districts:
[Ord. No. 04-07 § 4]
(1)
Signs advertising the sale of goods, services or real estate
that are not located on the same lot with such goods, services or
real estate.
(2)
Signs erected on trees and utility poles.
(3)
Signs located within the right of way of any street.
(4)
Signs determined by the Borough Engineer to pose an obstruction
to the visibility of vehicles on, or entering onto, a street.
i.
Sign Permit Required. Prior to the erection or placement of any sign
regulated by this section, a permit shall be obtained from the Borough
Zoning Officer. The following shall be provided:
[Ord. No. 04-07 § 4]
(1)
Ten dollar ($10) permit fee
(2)
A plan showing the details of the sign including its dimensions.
All permanent signs shall include details of construction, including
materials, supports, loads, stresses, anchorage, and illumination.
(3)
A copy of a survey plan showing the location of the sign on
the lot.
(4)
The written consent of owner or lessee of the property upon
which the sign is to be located.
j.
Unsafe and Unlawful Signs. When any sign becomes insecure, in danger
of falling or otherwise unsafe, or if any sign shall be unlawfully
installed, erected or maintained in violation of any of the provisions
of this Article, the owner thereof or the person or firm maintaining
same shall, upon written notice of the Borough Zoning Officer forthwith
in the case of immediate danger, and in any case within not more than
10 days, make such sign conform to the provisions of this Article
or remove it. If within 10 days the order is not complied with, the
Borough Zoning Officer may remove such sign at the expense of the
owner or lessee of the property. The Borough Zoning Officer, together
with members of the Borough Council, Planning Board, Borough Engineer,
and Borough Department of Public Works employees are authorized to
immediately remove any unlawfully erected signs within the public
right of way.
[Ord. No. 04-07 § 4]
k.
Sign Enforcement Officer. The administration and enforcement of the
provisions of this section relating to signs shall be the primary
responsibility of the Borough Zoning Officer.
[Ord. No. 2008-16 § 4]
a.
Provision shall be made for the indoor or enclosed outdoor storage
and pickup of garbage and refuse to be approved by the Borough Engineer.
b.
There shall be included in: 1) any new multifamily housing development, 2) any single-family housing development of 50 or more units, or any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land (except those exempt under § 144-3B of the Borough Code), that requires subdivision or site plan approval indoor and outdoor recycling areas for the collection and storage of recyclable materials.
(1)
The dimension of the recycling area(s) shall be sufficient to
accommodate recycling bins or containers which are adequate size and
number and which are consistent with anticipated usage and with current
methods of collection in the area in which the project is located.
(2)
The dimensions of the recycling area(s) and the bins or containers
shall be determined in consultation with the Borough Recycling Coordinator
and shall be consistent with the district recycling plan adopted pursuant
to Section 3 of P.L. 1987, c. 102, and any applicable requirements
of the Borough Master Plan adopted pursuant to Section 6 of P.L. 1987,
c. 102. See N.J.S.A. 13:1E-99.13.
(3)
The recycling area(s) shall be conveniently located for the
residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from a refuse dumpster.
(4)
The recycling area(s) shall be well lit and shall be safely
and easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling area without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling area and the bins or containers placed
therein against theft of recyclable materials, bins or containers.
(5)
The recycling area(s) or the bins or containers placed therein
shall be designed so as to provide protection against adverse environmental
conditions which might render the collection of materials unmarketable.
Any bins or containers which are used for the collection materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard and which are located in an outdoor
recycling area shall be equipped with a lid or otherwise covered so
as to keep the paper or cardboard dry.
(6)
Signs clearly identifying the recycling area(s) and materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. The individual bins or containers shall be
equipped with signs indicating the materials to be placed therein.
(7)
Landscaping and/or fencing shall be provided around any outdoor
recycling area(s) and shall be developed in an aesthetically pleasing
manner.
[Added 11-9-2021 by Ord. No. 14-2021]
a.
Aesthetic design standards shall apply to all minor, preliminary
and final major site plans.
(1)
Architectural and building attributes.
(a)
Buildings shall be designed to evoke the architectural attributes
of lakeside resort architecture and/or existing architecturally significant
buildings in the Borough.
(b)
The building mass, footprint and architecture shall be designed
to create an attractive visual presence at a pedestrian scale. All
sides of a building visible from a street or parking area shall be
finished with architectural features.
(c)
The following photographs of buildings in the Borough, around
Lake Hopatcong, and the area, represent architectural and design elements
that are desired in the Borough:
  |
(d)
Building materials and colors.
[i]
All building materials and colors used on the exterior
of a building shall be compatible with its overall design. Wood clapboard,
or manufactured equivalent, is recommended. Natural wood or cedar
shake siding is also recommended. Natural or cultured stone is recommended
as a primary accent material especially for building foundations,
decorative piers and columns. Textured wood siding is recommended.
Textured vinyl, cement fiber materials and brick are permitted. Aluminum
siding, nondecorative concrete block and other similar materials are
prohibited. Stucco or stucco-like products may be used only as an
accent material and not encompass more than 40% of the wall surface.
[ii]
Building colors shall utilize historic paint color
palettes, such as Sherwin-Williams Historic Paint Collection or Benjamin
Moore's Historical Collection (shown below). Building colors shall
include a base color, complementary trim colors, and accent colors
for doors and shutters.
 |
[iii]
Buildings with multiple storefronts shall include
variations in roofline and building height to define the individual
stores within a building block.
[iv]
Buildings with multiple storefronts shall be unified
through the use of architecturally compatible styles, materials, colors,
details, awnings, signage and lighting fixtures on all storefronts.
[v]
Changes in building material should occur at a
logical place such as a change in building mass, roof or an inside
corner.
(e)
Building walls.
[i]
Blank, windowless walls are discouraged. The facade
shall be broken up into sections or bays to provide variety and interest.
Columns, recesses and variations in the rooflines shall be used to
break up the wall of the building into smaller sections. Variations
in buildings, materials, patterns and colors shall also be used to
differentiate the building wall. Landscaping may also be used to break
up a wall area; however, building material variations should be the
primary method for adding interest to the building.
[ii]
Building facades shall provide unified design
with a clearly defined building entrance. Recessed entrances are encouraged
similar to those on older commercial buildings. Columns, awnings,
canopies and pilasters can be used to define the entryway. Doors and
window trim shall be used to highlight these features.
[iii]
The architectural treatment of the front facade
shall continue around all visible exposed sides of the building. Each
facade of a building shall be consistent in style, materials, colors
and details. Buildings shall have a defined base and cap. The base
may align with the windowsill level of the first floor, the foundation
edge, or the ground with foundation plantings. The cap of the building
includes the building cornice, parapet or eaves at the top of the
building wall.
(f)
Roofs and roof material.
[i]
Roofs shall be designed to reflect the style of
the existing historic structures in terms of pitch and material. They
shall be compatible with the building's architecture and complementary
to adjoining structures. Roof offsets, dormers and gables are encouraged.
Architectural embellishments, including towers, cupolas, chimneys,
dormers and cross gables, can be used to break up large roof masses
and add visual interest.
[ii]
Roofs shall be designed to screen any proposed
rooftop service equipment.
[iii]
Roof materials for visible roofs shall include
textured asphalt shingles, slate, slate-like tiles or wood shingles
in tones compatible with the architecture of the building.
(g)
Windows.
[i]
The first-floor windows of commercial uses shall
be transparent to encourage pedestrian activity. A minimum of 50%
of the front facade shall be transparent. On corner lots each facade
facing the street shall be 50% transparent respectively. On the upper
floors a minimum of 30% of the front facade shall be transparent or
glazed.
[ii]
Windows arrangement shall be in a unified pattern
with windows in the upper level vertically aligned with windows and
doors on the ground level. The window locations and rooflines shall
be compatible with adjoining building bays and adjacent buildings.
(h)
Building location and orientation.
[i]
The buildings shall be located to front towards
and relate to public streets, both functionally and visually.
[ii]
In a multiple building development, the buildings
shall be organized, to the extent possible, around features such as
courtyards, quadrangles and alleys, which encourage pedestrian activity
and incidental social interaction among users. Smaller, individualized
groupings of buildings are encouraged.
(i)
Service equipment.
[i]
All air-conditioning units, HVAC systems, exhaust
pipes or stacks, elevator housing, satellite dishes and other telecommunications
receiving devices shall be screened from public view using walls,
roof elements or other such screening devices, designed to be architecturally
compatible with the building's style, materials, colors and details.
[ii]
In buildings requiring a second means of egress,
pursuant to Uniform Construction Code, internal stairs or other routes
of egress are preferred. Only in exceptional circumstances shall an
attached external fire escape be permitted as one of the required
means of egress, and only if located on a building's rear or side
elevation.
(j)
Outdoor seating and displays.
[i]
Outdoor seating, where permitted, may be located
on sidewalks, plazas, and courtyards, provided pedestrian circulation
or access to store entrances is not impaired.
[ii]
Removable enclosures are encouraged and should
be used as a way of defining the area occupied by the outdoor seating.
Extended cloth or canvas awnings, colorful canopies or large umbrellas
are also recommended as a way to define an outdoor seating area.
[iii]
Sidewalk displays, limited to the premises from
which items are being sold, are permitted directly in front of the
establishment along the sidewalk, provided at least six feet of clearance
is maintained at the storefront entrance and at least four feet of
sidewalk is maintained for pedestrians.
(k)
Awnings.
[i]
Fixed or retractable awnings are permitted at ground
floor level and on upper levels where appropriate. Awnings should
be compatible to the building's architectural style in terms of color,
materials and style and should not conceal architectural features
on the building, such as decorative columns, pilasters, cornices or
decorative details. They should be designed so as not to impair facade
composition and to work within the building facade's subdivision.
[ii]
Canvas or metal awnings are preferred, although
other waterproofed fabrics or materials may be considered. Solid or
striped patterns are preferred. Colors of awnings shall be compatible
with building and sign colors.
[iii]
In a building with multiple storefronts, compatible
awnings with similar styles or colors should be used as a means of
unifying the structure.
(2)
Lighting.
(a)
Street lighting is required along street frontages. Street lighting
and streetscape amenities shall match the standards of the Borough
Code and blend with the architectural style of the community. See
details below.
(b)
A lighting plan providing a maximum of 0.5 footcandle for streets,
sidewalks and parking areas shall be provided, consistent with the
Borough lighting standards in § 17-24.3I.
(c)
Lighting shall be shielded to prevent glare and off-site light
pollution.
(d)
The use of creative lighting schemes to highlight building facades
and related areas of a site is encouraged.
 |
(3)
Landscaping. The landscaping provided should be complementary
to the building and accentuate its important features. Plants shall
be chosen for year-round interest, including color, flowers or other
similar elements. Native plants should be used wherever possible.
(a)
Existing healthy and mature trees should be retained and incorporated
into the landscape plan wherever possible.
(b)
The landscaping shall be integrated with other site design features,
such as walkways, paths, gazebos, fountains, street furniture and
public art.
(c)
The use of planters, window flower boxes and hanging baskets
is encouraged to provide seasonal color.
(d)
Street trees, a minimum of 2.5 inches caliper at the time of
planting, shall be planted along street frontages. The bottom branches
shall be trimmed to a minimum of seven feet from the ground to allow
pedestrian passage. Tree spacing shall be generally 35 feet to 40
feet apart with variation for driveways, lighting and other streetscape
features.
(e)
Parking lots shall be suitably landscaped to provide shade and
visual relief. At least one shade tree a minimum of 2.5 inches caliper
in size shall be provided for every 10 parking spaces in the parking
lot.
(f)
The perimeter edge of the parking lot shall be planted with
evergreen hedges, shade trees, shrubs, related ground covers. Ornamental
trees should be provided throughout the development, particularly
at key locations such as site entrances and along existing roadway
frontages.
(g)
Hedges, shrubs, and ground cover shall be used to define space
and provide privacy. Foundation plantings should include evergreen
and deciduous shrubs.
(h)
All landscaping shall have a two-year maintenance guarantee.
If any planting material dies within two years of planting, it shall
be replaced the following planting season.
(4)
Buffer and screening requirements.
(a)
The applicant shall buffer or screen property lines adjacent
to existing residential properties.
(b)
The buffer shall be planted with a mix of evergreen and deciduous
trees and shrubs to provide a year-round natural looking screen.
(c)
Fences and walls shall not exceed six feet in height above ground
level.
(d)
The finished side of a fence must face adjoining properties.
Fence posts that are unfinished and any other structural component
of the fence must be installed facing the subject property rather
than the adjoining property.
(e)
Dumpsters must be fully screened from view with a screening
fence or wall.
(5)
Pedestrian and bicycle access and circulation.
(a)
Sidewalks must be provided along all street frontages and must
be a minimum of six feet wide (including a two-foot paver strip) on
Howard Boulevard and a minimum of four feet wide on other street frontages
to provide safe and convenient movement for pedestrians. Below is
an example of pedestrian space.
 |
[i]
Pedestrian-only walkways along building frontages
must be at least six feet wide. Other sidewalk areas must be at least
four feet in width to provide for the safe and convenient movement
of pedestrians.
[ii]
All building entrances must provide pedestrian
access to adjacent streets and parking areas.
[iii]
Crosswalks shall be provided to connect sidewalks and pedestrian areas. Crosswalks shall be constructed according to requirements as defined in § 17-22.8. The Land Use Board may require brick crosswalks to be installed if it deems them necessary for pedestrian safety and to improve the visual appearance of the area.
(b)
Bicycle access and parking should be considered as part of the
development. At least one bike rack capable of holding at least three
bicycles should be provided per parking area.
(c)
Electric vehicle charging stations should be provided as required
in parking areas to promote maximum usage while minimizing interference
with parking and circulation.
a.
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 certify that the use of such specific types of machinery, equipment,
devices, procedures or methods are required in order to assure 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.
b.
For conditional uses or for use variances which must meet these performance
standards, the Planning Board shall not issue a permit for any use,
structure, process or equipment until it receives a report or recommendation
from the Borough Engineer regarding compliance with the performance
standards established herein.
[Amended by Ord. No. 12-2015]
c.
The regulations contained in this section shall be items covered
in the developer's agreement.
[Temporary Certificate of Occupancy deleted by Ord. No. 12-2015]
a.
Definition of Nuisance Elements. A nuisance element is any noise,
radioactivity, vibration, glare, smoke, odor, air pollution or dust.
b.
The determination of the existence of nuisance elements shall be
made at the following locations.
|
Nuisance Characteristics
|
All R Zones
|
All Nonresidential Zones
|
|---|---|---|
|
Smoke
|
VS
|
VS
|
|
Solid particles and fly ash
|
VS
|
VS
|
|
Odors
|
PL
|
PL
|
|
Liquid wastes
|
BW
|
PL
|
|
Solid wastes
|
BW
|
SL
|
|
Radiation
|
VS
|
VS
|
|
Noise
|
SL
|
PL
|
|
Vibration
|
BW
|
PL
|
|
Glare
|
BW
|
PL
|
|
Heat*
|
PL
|
PL
|
|
*For heat, measurement shall be made at the vent or smokestack
for heated air, and at the property line for tested liquid or solid
discharge.
|
|
Code:
|
|---|
|
VS = Vent or Smokestack
|
|
PL = Property Line
|
|
BW = Building Wall
|
|
SL = Required Setback Lines
|
c.
Continued Compliance. Continued compliance with the performance standards
stated herein shall be a requirement for the continued occupancy of
any structure or the operation of any process or equipment.
a.
Air Pollution.
(1)
General. No substance shall be emitted into the atmosphere in
quantities which are injurious to human, plant or animal life or to
property, or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the Borough. All provisions
of the New Jersey Air Pollution Control Code, as amended, or the regulations
contained in this section, whichever shall be the more stringent,
shall be complied with.
(2)
Smoke. In any nonresidential zone, no smoke, the shade or appearance
of which is darker than No. 1 on the Ringelmann Smoke Chart, shall
be emitted into the open air from any fuel-burning equipment; provided,
however, that smoke emitted during the clearing of a fire box or the
building of a new fire, the shade or appearance of which is not darker
than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period
or periods aggregating no more than three minutes in any 15 consecutive
minutes.
(3)
Solid Particles and Fly Ash.
(a)
In any zone, no discharge of solid particles through a stack,
duct or vent shall be permitted that is greater than 50% of the allowable
emission in pounds per hour established by Chapters 7 and 8 of the
New Jersey Air Pollution Control Code.
(b)
No open bundles shall be permitted in any zone.
(c)
All incinerators shall be approved by the State Department of
Environmental Protection.
(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 established during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
(4)
Odors. In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected without instruments.
b.
Wastes.
(1)
Liquid Wastes. No liquid waste shall be discharged into any
watercourse in the Borough except as herein provided. If the applicant
proposes to construct facilities for the treatment of waste, he shall
supply:
(a)
A statement by the New Jersey Department of Environmental Protection
that such proposed facilities are in compliance with applicable state
laws and regulations.
(b)
Approval by the appropriate officials of the installation of
such facilities. No liquid waste shall be discharged into the public
sewage collection and disposal system unless the appropriate Borough
or authority officials shall have first investigated the character
and volume of such wastes and shall have certified that it will accept
the discharge of such waste material into the system. 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 wastes, control of pH and other methods
of improving such wastes prior to discharge, as a condition of approval
of such facilities.
(2)
Solid Wastes. Each property owner shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse except where the Borough assumes such responsibility.
(b)
Comply with all applicable provisions of the New Jersey Department
of Environmental Protection.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk
or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property
except as may be permitted by other Borough codes and ordinances.
(3)
Recycling.
[Ord. No. 2008-16 § 5]
(a)
The owner of any property shall be responsible for compliance with the Borough Recycling Ordinance, § 144-1 et seq. of the Borough Code.
(b)
Any new multifamily housing development, single-family housing development of 50 or more units, or any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land (except those under § 144-3B of the Borough Code), the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the Borough Recycling Coordinator and § 17-24.9, Solid Waste and Recycling of the Borough of Mount Arlington Code.
c.
Radiation. All use of materials, equipment or facilities which are
or may be sources or 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, Chapter 116, P.L. 1958, as amended,
whichever shall be more stringent.
d.
Noise.
(1)
The purpose of this section is to ensure that the environmental
character of the area surrounding the proposed use, with respect to
noise, shall not be altered. The standards established herein shall
be interpreted in any specific case with this objective in mind.
(2)
Measurements if required under this section shall be made at the location noted in § 17-25.3b. Measurements where required shall be made by a competent acoustical engineer using equipment meeting the United States of America Standards Institute Standard S 1.4 -1961 or the latest revision thereof and S 2.22 or the latest revision. All measurements shall be made in at least eight frequency bands.
(3)
Ambient noise levels shall be made between the hours of 8:00
a.m. and 11:00 p.m. for periods of at least one hour and three separate
occasions.
(4)
The permitted noise level of the proposed use, measured at the
measuring line, shall not exceed the ambient noise levels in each
frequency band.
(5)
In addition, noise control shall be subject to standards established
by the New Jersey Department of Environmental Protection. Where standards
are established and are more restrictive than contained in this article,
the more restrictive standards shall be applicable.
e.
Vibration. In any zone, no vibrations discernible without instruments
at the measuring point shall be permitted.
f.
Glare. No single standard for glare is promulgated in this Chapter
due to the impracticality of establishing such standards. It is the
intent of these performance standards to ensure that both direct and
indirect glare, to the extent possible, are eliminated or activities
producing such glare are carried on within a structure. Necessary
glare-producing devices such as roadway and walkway lighting shall
be designed, constructed and maintained in such a manner as not to
be a nuisance to surrounding uses.
g.
Heat is thermal energy of a radiative, conductive or convertive nature.
In any zone, any use of process shall not produce a temperature rise
discernible at the measuring point or discharge water into any watercourse
which shall produce a temperature increase of greater than three degrees
in that watercourse measured at a point 10 feet from the point of
discharge.
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 of:
(1)
Approval of the use, structure, process, or resulting product
or material from the State Department of Labor indicating that adequate
safeguards against fire and explosion have been taken or installed.
(2)
Approval from the Borough of Mount Arlington Fire Department
that the applicant has complied with all applicable Borough fire prevention
regulations.
