Town of Secaucus, NJ District Regulations

No more than one accessory building and one residential tool shed per principal building shall be permitted. An accessory structure ancillary to a residential swimming pool may only be erected on the same lot as the principal structure and shall not exceed 50 square feet in floor area and 10 feet in height.

[Amended 5-10-2022 by Ord. No. 2022-5]

B Residence Zone permitted uses. The following uses only shall be permitted in the B Residence Zone:

(1)

Single dwelling unit.

(2)

Two dwelling units.

(3)

Churches, temples and houses of worship.

(4)

Public schools, public libraries and public museums.

(5)

Public parks and playgrounds.

(6)

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in conjunction with a principal use:

(a)

Private garage for residential purposes not to exceed 700 sf. in floor area.

(b)

Swimming pool.

(c)

Residential tool shed not to exceed 120 sf. in floor area.

(d)

Accessory uses customarily incidental to a residential use.

(e)

Low Density Residential (LDR) Zone permitted uses. In those areas of the Hackensack Meadowlands District where authority for the issuance of certain approvals and permits has been delegated to the Town of Secaucus pursuant to N.J.A.C. 19:4-3.2(a)4, the following use shall be permitted in accordance with N.J.A.C. 19:4-5.26:

(1)

Single-family and two-family dwellings.

(2)

Permitted accessory uses and structures. The following accessory uses shall be permitted pursuant to N.J.A.C. 19:4-5.4 in conjunction with a principal use:

(a)

Accessory uses and structures not permitted on required open space:

[1]

Private garages or carports.

[2]

A structure for storage incidental to a permitted use, excluding such structure accessory to a single-family or two-family dwelling.

[3]

Off-street parking and loading spaces pursuant to N.J.A.C. 19:4-8.2 and -8.3.

[4]

Storage of registered boats, boat trailers, camping trailers and small house trailers.

(b)

Accessory uses and structures permitted on required open space:

[1]

A child's playhouse.

[2]

A structure for storage accessory to a single-family or two-family dwelling not exceeding 100 sf. in floor area.

[3]

A private swimming pool in accordance with the standards of N.J.A.C. 19:4-5.4(c)3.

(3)

The jurisdiction of the Town of Secaucus shall be limited to one- and two-family dwellings.

(4)

No land which is located in the LDR Zone shall be used for a driveway, walkway or access purpose to any other land located in any zone created by N.J.A.C. 19:4-5.45 through -5.122.

C Commercial Zone permitted uses. The following uses only shall be permitted in the C Commercial Zone:

Banks.

Barber/beautician.

Churches.

Commercial laundry.

Dance, music and voice studios.

(6)

Drive-in restaurants.

(7)

Hotel/motel.

(8)

Laboratory: medical, dental or optical.

(9)

Mortuary.

(10)

Offices.

(11)

Parking garage, retail, or parking lot, retail.

(12)

Photographic studio.

(13)

Printing and blueprinting.

(14)

Reducing salon/health club.

(15)

Restaurant.

(16)

Retail stores.

(17)

Theaters.

I Industrial Zone permitted uses. The following uses only shall be permitted in the I Industrial Zone:

(1)

Lumberyard.

(2)

Public utility operations, substation or yard.

(3)

Truck and tractor sales, repair and storage.

(4)

Warehousing/wholesaling and retailing in conjunction thereof.

(5)

Printing and blueprinting.

Prohibited uses. All uses not expressly permitted in this chapter are hereby prohibited, with the following specifically prohibited:

(1)

The keeping, breeding or raising of horses, ponies, donkeys, mules, pigs, rabbits, sheep, goats, cattle, poultry and other farm animals and pigeons.

Cannabis establishments.

[Added 8-28-2018 by Ord. No. 2018-31; amended 8-18-2021 by Ord. No. 2021-21; 5-10-2022 by Ord. No. 2022-9]

(1)

Definitions.

CANNABIS ESTABLISHMENTS

Cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, a cannabis delivery service, except for the delivery of cannabis items and related supplies by a delivery service, as those items are defined in N.J.S.A. 24:6I-33, are hereby prohibited in all districts, except as otherwise specifically permitted herein.

(2)

Cannabis establishments, as defined above, shall be permitted as a conditional use/special exception in the Light Industrial A Zone, as defined in the regulations of the New Jersey Sports and Exposition Authority, N.J.A.C. 19:4-5.74, subject to the requirements set forth herein.

(3)

The following specifications and standards shall apply to the development of cannabis establishments including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, and a cannabis delivery service, as those terms are defined in N.J.S.A. 24:6I-33, within the Light Industrial A Zone, as defined in the regulations of the New Jersey Sports and Exposition Authority, N.J.A.C. 19:4-5.74, as a conditional use/special exception use:

(a)

Dimensional, Density and Other Bulk Restrictions. Except as specifically modified herein, dimensional, density and other bulk restrictions and other provisions and requirements of the Light Industrial A Zone shall apply;

(b)

Location. Cannabis establishments shall only be permitted within the following lot and blocks within the Light Industrial A Zone: Block 10, Lots 1, 2, and 4.01 and Block 9, Lots 5 and 6.03. No cannabis establishment shall be permitted unless the establishment is more than 1,000 feet away from any public or private educational institution (including elementary, high school and/or college level), day care center, public library, house of worship or any recovery and/or drug treatment facility;

(c)

Hours of operation. No cannabis retailer shall operate after 10:00 p.m. nor prior to 9:00 a.m. on any day of the week except for Saturday when the hours of operation may be expanded to 11:00 p.m. in the Town of Secaucus;

(d)

Outdoor cultivation prohibited. The cultivation of cannabis shall only be permitted within a fully enclosed building. There shall be no outdoor cultivation of cannabis permitted within the Town of Secaucus;

(e)

On-site consumption prohibited. No cannabis or cannabis product shall be smoked, eaten or otherwise consumed on the premises of any cannabis establishment within the Town of Secaucus;

(f)

Control of odors. Any facility for the cultivation or manufacture of cannabis products shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-ways, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of the building;

(g)

Noise control. Any facility for cannabis cultivation, processing, manufacturing or similar operation shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise generating equipment or machinery. All licensed cannabis establishments must operate within applicable State decibel limitations.

(h)

Security.

[1]

To the extent not already required by State law, all cannabis establishments must be equipped with security cameras covering all exterior parking and loading areas, points of entry, interior spaces which are either open to the public or used for storage or processing of cannabis products and points of payment. Security footage must be maintained for the period of time required under State law or for a period of six months, whichever is greater. Access to security camera footage shall be provided to the Secaucus Police Department upon request by the Department.

[2]

To the extent not already required by State law, all cannabis establishments must provide at least one security guard during all times when the facility is open or operating. At a minimum, the security guard shall be a State Certified security officer whose certification is in good standing.

[3]

Any applicant for a cannabis establishment shall coordinate with the Chief of Police, or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, surveillance systems, and site lighting consistent with the requirements of State law.

(i)

Age restriction. No person under the age of 21 years shall be permitted within any cannabis establishment. Any person seeking entry into a cannabis establishment shall be required to present proof of age to a security guard before gaining entry or access.

(j)

Lighting. The exterior and parking area of a cannabis establishment shall comply with the lighting requirements in accordance with any applicable ordinance or regulation promulgated by the Town of Secaucus and the New Jersey Sports and Exposition Authority.

(k)

The facility shall meet all of the requirements for licensure by the New Jersey Cannabis Regulatory Commission and/or the New Jersey Department of Health and/or other State agency.

(l)

Local Cannabis Control Board. At the discretion of the Mayor and Council, the Town of Secaucus may create a Cannabis Control Board which shall consist of three persons, who shall be appointed by the Mayor, with the advice and consent of Council, for a term of three years but one of the initial appointments shall be for one year, another for two years, and the third for three years. The Cannabis Control Board shall be responsible for reviewing and approving, when appropriate, applications for the operation of cannabis establishments and cannabis distributors and applications for the operation of cannabis consumption areas.

(4)

Local Cannabis Transfer Tax.

(a)

There is hereby established a local transfer tax imposed on the sale of cannabis or cannabis items by a cannabis establishment located in the Town of Secaucus on receipts from the sale of cannabis by a cannabis cultivator to another cannabis cultivator; receipts from the sale of cannabis items from one cannabis establishment to another cannabis establishment; receipts from the retail sales of cannabis items by a cannabis retailer to a retail customer 21 years of age or older; or any combination thereof at a rate of 2% of the receipts from each sale by a cannabis cultivator; 2% of the receipts from each sale by a cannabis manufacturer; 1% of the receipts from each sale by a cannabis wholesaler; and 2% of the receipts from each sale by a cannabis retailer and an equivalent user tax on non-sale transactions between cannabis businesses operated by the same license holder, payable to the Town of Secaucus.

(b)

Every cannabis establishment required to collect a transfer tax or user tax imposed by ordinance in accordance with N.J.S.A. 40:48I-1 shall be personally liable for the transfer tax or user tax imposed, collected, or required to be collected under this section. Any cannabis establishment shall have the same right with respect to collecting the transfer tax or user tax from another cannabis establishment or the consumer as if the transfer tax or user tax was a part of the sale and payable at the same time, or with respect to non-payment of the transfer tax or user tax by the cannabis establishment or consumer, as if the transfer tax or user tax was a part of the purchase price of the cannabis or cannabis item, or equivalent value of the transfer of the cannabis or cannabis item, and payable at the same time; provided, however, that the chief financial officer of the Town of Secaucus shall be joined as a party in any action or proceeding brought to collect the transfer tax or user tax.

(c)

All revenues collected from a transfer tax or user tax imposed by ordinance shall be remitted to the chief financial officer in a manner prescribed by the Town of Secaucus. The chief financial officer shall collect and administer any transfer tax or user tax imposed by ordinance. The municipality shall enforce the payment of delinquent taxes or transfer fees imposed by ordinance in the same manner as provided for municipal real property taxes.

(d)

In the event that the transfer tax or user tax imposed by ordinance is not paid as and when due by a cannabis establishment, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis establishment's premises in the same manner as all other unpaid municipal taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year.

(e)

The municipality shall file in the office of its tax collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis establishment's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.

(f)

The chief financial officer is charged with the administration and enforcement of the local transfer tax provisions of this ordinance, and is empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter pertaining to the administration and enforcement of this section, including provisions for the reexamination and correction of declarations and returns, and of payments alleged or found to be incorrect, or as to which an overpayment is claimed or found to have occurred, and to prescribe forms necessary for the administration of this section. Should a cannabis establishment fail or refuse to provide adequate information to the chief financial officer to determine the amount of tax due, the chief financial officer may use information provided to the chief financial officer from other sources (for example, the New Jersey Cannabis Regulatory Commission or the Department of Treasury) to determine the tax liability.

(g)

Taxpayers liable for the transfer tax are required to keep such records as will enable the filing of true and accurate returns for the tax and such records shall be preserved for a period of not less than three years from the filing date or due date, whichever is later, in order to enable the chief financial officer or any agent designated by him or her to verify the correctness of the declarations or returns filed. If records are not available in the municipality to support the returns which were filed or which should have been filed, the taxpayer will be required to make them available to the chief financial officer either by producing them at a location in the municipality or by paying for the expenses incurred by the chief financial officer or his/her agent to travel to the location where the records are regularly kept.

(h)

All cannabis establishments operating in the municipality are required to file a copy of their New Jersey transfer tax return with the chief financial officer to report their sales during each calendar quarter and the amount of tax in accordance with the provisions of this section. Returns shall be filed and payments of tax imposed for the proceeding calendar quarter shall be made on or before the last day of April, July, October and January, respectively. A taxpayer who overpaid the transfer tax, or which believes it is not liable for the tax, may file a written request on an amended tax return with the chief financial officer for a refund or a credit of the tax. For amounts paid as a result of a notice asserting or informing a taxpayer of an underpayment, a written request for a refund shall be filed with the chief financial officer within two years of the date of the payment.

(i)

The chief financial officer may initiate an audit by means of an audit notice. If, as a result of an examination conducted by the chief financial officer, a return has not been filed by a taxpayer or a return is found to be incorrect and transfer taxes are owed, the chief financial officer is authorized to assess and collect any tax due. If no return has been filed and tax is found to be due, the tax actually due may be assessed and collected with or without the formality of obtaining a return from the taxpayer. Deficiency assessments (i.e., where a taxpayer has filed a return but is found to owe additional tax) shall include taxes for up to three years to the date when the deficiency is assessed. Where no return was filed, there shall be no limit to the period of assessment.

(j)

Upon proposing an assessment, the chief financial officer shall send the taxpayer an interim notice by certified mail, return receipt requested, which advises the taxpayer of additional taxes that are due. Should the taxpayer determine to dispute the assessment administratively by requesting a hearing with the chief financial officer, it must do so within 30 days of the date of such interim notice. If, after the chief financial officer sends an interim notice, a taxpayer fails to timely request a hearing with the chief financial officer or requests a hearing and after conducting a hearing, the chief financial officer determines that taxes are due, the chief financial officer shall send the taxpayer by certified mail, return receipt requested, a final notice. Should the taxpayer determine to dispute the assessment set forth in the final notice, it must initiate an appeal in the New Jersey Tax Court within 90 days after the mailing of any final notice regarding a decision, order, finding, assessment, or action hereunder.

(k)

Any person or entity that receives an interim notice from the chief financial officer may within 30 days after the date of an interim notice, may request a hearing with the chief financial officer. Any person or entity that fails to request a hearing with the chief financial officer in a timely manner waives the right to administratively contest any element of the assessment. The chief financial officer shall accept payments of disputed tax amounts under protest pending appeals; however, any request for refund of such monies must be filed in accordance with this section.

(l)

Any aggrieved taxpayer may, within 90 days after the mailing of any final notice regarding a decision, order, finding, assessment or action hereunder, or publication of any rule, regulation or policy of the chief financial officer, appeal to the Tax Court pursuant to the jurisdiction granted by N.J.S.A. 2B:13-2a(3) to review actions or regulations of municipal officials by filing a complaint in accordance with New Jersey Court Rules. The appeal provided by this section shall be the exclusive remedy available to any taxpayer for review of a final decision of the chief financial officer with respect to a determination of liability for the tax imposed by this ordinance.

(5)

Cannabis License; Fees. In addition to any license issued by the State of New Jersey, cannabis establishments within the Town of Secaucus shall be required to obtain from the Health Department an annual license evidencing compliance with the requirements of this section. The license shall be for a one-year period commencing July 1 of the year in which it is issued and expiring June 30 of the following year. In the event of any violation of this section, the Health Department may, upon notice to and a hearing provided to the licensee, revoke the license. The annual fee for a Cannabis Establishment License is $2,500.

(6)

Civil Penalty. In accordance with N.J.S.A. 24:61-45, any person or cannabis establishment violating any provision of this section shall be subject to a civil penalty not to exceed the sum of $1,000 per violation in accordance with the provisions of the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. Any action to collect such penalty shall be brought in the Municipal Court of the Town of Secaucus, and any penalty assessed shall be payable to the Town of Secaucus.

§ 135-7.1 Height, area and bulk regulations for residential uses.

A Residential Zone. The following height, area and bulk requirements shall apply to the A Residential Zone.

(1)

Minimum lot area: No lot with less than 5,000 square feet of lot area shall be constructed upon.

(2)

Minimum lot width: No lot with less than 50 feet in lot width shall be constructed upon.

(3)

Maximum building height: If the property is located in a flood zone as designated by the Town of Secaucus by ordinance, no principal building shall be constructed in excess of 35 feet or more than three stories, and no basements or cellars shall be permitted. With respect to all properties not located in a designated flood zone by the Town of Secaucus by ordinance, no principal building shall be constructed in excess of 30 feet or more than two stories, and basements or cellars shall be permitted. No accessory building shall exceed 20 feet in height in the A Residential Zone.

(4)

Building setback, front yard: No building shall be constructed closer to the front property line than 20 feet, measured from the foundation walls of the principal structure or an enclosed portico/porch and the front property line. For structures located in a flood zone, no building shall be constructed closer to the front property line than 20 feet from the foundation of the principal structure.

[Amended 5-10-2022 by Ord. No. 2022-5]

(5)

Side yards: two side yards shall be provided, each no less than five feet.

(6)

Rear yard: A rear yard shall be provided with a minimum of 20 feet or 20% of the lot length, whichever is greater.

(7)

Maximum building coverage: The maximum building coverage shall be 35% of the total lot area.

(8)

Maximum lot coverage: The maximum lot coverage shall be 70% of the total lot area.

(9)

Cubic volume: The total volume of the principal structure shall not exceed 52,500 cubic feet.

(10)

Lot area per dwelling unit: Each dwelling unit shall have at least 5,000 square feet of lot area.

(11)

Parking requirement: See § 135-12.

(12)

Living space per family: Each dwelling unit must have a minimum of 800 square feet of living space.

(13)

Accessory uses: Notwithstanding the foregoing requirements, accessory buildings shall be permitted to be located within a distance of two feet of the rear lot line if the building is under 13 feet average height. Whether attached or unattached, only one accessory building shall be permitted on any one lot.

(14)

A single dwelling unit does not include rooming houses, boarding houses or commercial residences. Rooming houses, boarding houses, and commercial residences are strictly prohibited from this zone.

(15)

There shall be compliance with § 135-7.2.

(16)

A minimum five-foot lot line setback required for new AC equipment, heat pump units, pool filters or other equipment that serves one- and two-family dwellings. No such equipment can be installed in the front yard of a structure. Existing nonconforming AC equipment, heat pump units, pool filters or other equipment that serves one- and two-family dwellings. may be replaced in same location and same size.

[Added 5-10-2022 by Ord. No. 2022-5]

B Residential Zone. The following height, area and bulk requirements shall apply to the B Residential Zone.

(1)

Minimum lot area: No lot with less than 5,000 square feet of lot area shall be constructed upon.

(2)

Minimum lot width: No lot with less than 50 feet in lot width shall be constructed upon.

(3)

Maximum building height: If the property is located in a flood zone as designated by the Town of Secaucus by ordinance, no principal building shall be constructed in excess of 35 feet or more than three stories, and no basements, cellars or sunken or depressed driveways or garages shall be permitted. With respect to all properties not located in a designated flood zone by the Town of Secaucus by ordinance, no principal building shall be constructed in excess of 30 feet or more than two stories, and basements or cellars shall be permitted. No accessory building shall exceed 20 feet in height in the B Residential Zone.

[Amended 5-10-2022 by Ord. No. 2022-5]

(4)

Building setback: No building shall be constructed closer to the front property line than 20 feet, measured from the foundation walls of the principal structure or an enclosed portico/porch and the front property line, unless the proposed lot is an infill site which should be set back to match the existing average setback of dwellings on either side. For structures located in a flood zone, no building shall be constructed closer to the front property line than 20 feet from the foundation of the principal structure.

[Amended 5-10-2022 by Ord. No. 2022-5]

(5)

Side yards: two side yards shall be provided, each no less than five feet.

(6)

Rear yard: A rear yard shall be provided with a minimum of 20 feet or 20% of the lot length, whichever is greater. A minimum five-foot lot line setback required for new AC equipment, heat pump units, pool filters or other equipment that serves one- and two-family dwellings. No such equipment can be installed in the front yard of a structure.

(7)

Maximum building coverage: The maximum building coverage shall be 40% of the total lot area.

(8)

Maximum lot coverage: The maximum lot coverage shall be 75% of the total lot area.

(9)

Cubic volume: The total volume of the principal structure shall not exceed 60,000 cubic feet.

(10)

Lot area per dwelling unit: Each dwelling unit shall have a minimum of 2,500 square feet of lot area.

(11)

Parking requirement: See § 135-12.

(12)

Living space per family: Each dwelling unit must have a minimum of 800 square feet of living space.

(13)

(14)

Fences. All fences located in this zone shall comply with the requirements of Chapter 71 (Fences) of the Code of the Town of Secaucus as if said chapter were recited herein at length.

(15)

A single dwelling unit does not include rooming houses, boarding houses or commercial residences. Rooming houses, boarding houses, and commercial residences are strictly prohibited from this zone.

(16)

There shall be compliance with § 135-7.2.

(17)

[Added 5-10-2022 by Ord. No. 2022-5]

Low Density Residential Zone. Pursuant to N.J.A.C. 19:4-5.28 and -5.29, the following height, area and bulk requirements shall apply to the Low Density Residential Zone.

(1)

The lot size requirements in the Low Density Residential Zone are:

(a)

Single-family and two-family dwellings.

[1]

Minimum lot area: 7,500 sf.

[2]

Minimum lot width: 75 feet.

[3]

Minimum lot depth: 100 feet.

(2)

The bulk regulations in the Low Density Residential Zone are:

(a)

Single-family and two-family dwellings.

[1]

Maximum building coverage: 30%.

[2]

Minimum open space: 40%.

[3]

Yards.

[a]

Minimum front yard: 25 feet; or in the case where the Chief Engineer determines that the average prevailing setbacks of existing adjacent dwellings are less than 25 feet, the minimum front yard may be reduced accordingly to not less than 20 feet.

[b]

Minimum side yard: 10 feet.

[c]

Minimum rear yard: 20 feet.

(3)

Maximum building height: 35 feet.

§ 135-7.2 Residential driveway specifications and use; procedures.

Location of parking. Recreational vehicles, boats and trailers, whether registered or not, operational or not, shall be parked on a paved surface or in a garage located behind the building line established by the closest portion of the residence to a streetline, excepting the streetline abutting the rear yards of reverse frontage lots. Passenger vehicle parking shall not be permitted between the building line and the street right-of-way, except within an improved driveway parallel to a side or rear property line or in a garage. All inoperable or unregistered passenger vehicles shall conform to the parking location requirements for recreational vehicles, boats and trailers.

Location of driveway. No driveway shall lead to the front façade of a residence unless it provides access to an attached garage. The edge of a driveway shall be located no closer than 18 inches to a side or rear property line. Expansions of driveways beyond the width of the garage shall occur in that portion of the yard farthest from the main part of the dwelling and shall be no closer to any sidewalk paralleling a street than three feet. No parking apron or curb cut shall cross the extension of a side or rear property line of the subject property onto another property. On corner lots for residential uses, driveways shall be installed on the street classified as a residential access street, or otherwise having the lowest classification if not a residential access street, and be no closer than 30 feet to the intersection of the right-of-way lines.

Driveway and curb cut widths on all single- and two-family dwellings shall be limited to a maximum of one driveway curb cut per property. The following driveway and curb cut widths shall be permitted for single- and two-family dwellings:

[Amended 5-10-2022 by Ord. No. 2022-5]

(1)

Single car garage, stacked car (one vehicle behind another) garage or no garage.

(a)

The curb cut shall be a minimum of 10 feet and a maximum of 12 feet.

(b)

The driveway width shall be a minimum of nine feet and a maximum of 12 feet.

(c)

Driveways directly adjacent to the main entrance walkway should provide delineation buffer or either a raised curb or landscaping buffer along two-thirds (2/3) of the driveway/walkway length. Proposed design shall be approved by the Zoning Official.

[Added 5-10-2022 by Ord. No. 2022-5]

(2)

Multiple car garages.

(a)

The curb cut shall be consistent with the width of the driveway but not more than 20 feet in width.

(b)

The driveway width shall be a maximum of 20 feet.

(3)

Expansions as permitted in Subsection B above shall be limited to an additional eight feet in width added to the driveway but in no circumstance shall the width of the curb cut and driveway apron be greater than allowed herein.

The minimum driveway length shall be 18 feet measured from the streetline or the street sidewalk, whichever is farthest from the curb or edge of cartway.

Curb cuts shall be so located in relationship to on-street parking that no on-street parking in front of an adjacent property is eliminated.

All driveways shall be graded so as to direct stormwater to the street unless an alternative is approved by the Municipal Engineer. In no instance shall stormwater from a driveway be directed to an adjacent property.

Residential driveways, from the sidewalk to the garage, shall be constructed utilizing one of the following specifications:

[Amended 5-10-2022 by Ord. No. 2022-5]

(1)

2" FABC Mix I-5 bituminous surface course on a 6" quarry blend stone base;

(2)

4" thick NJDOT Class B concrete with No. 9 reinforcement wire or equivalent on a stabilized sub-base;

(3)

6" thick NJDOT Class B concrete on a stabilized sub-base;

(4)

Concrete pavers installed in accordance with the manufacturer's specifications as approved by the Construction Code Official; or

(5)

Another durable, dust free material as approved by the Construction Code Official.

Driveway aprons and street sidewalks. All driveway aprons and adjacent sidewalk areas shall be NJDOT Class B concrete. Curb cuts shall be formed by full depth depressed curb of a material consistent with the existing curb and installed in accordance with N.J.A.C. 5:21-4.17.

Procedure for curb cut and driveway approval. No person shall construct a curb cut or driveway in the Town of Secaucus without first obtaining a zoning permit, except for those streets under the jurisdiction of another level of government. The zoning permit shall include such information as required by the Zoning Officer who may from time to time amend such requirements. Approval, approval with conditions or denial of the zoning permit shall be as required in N.J.S.A. 40:55D-18. The zoning permit shall be precedent to any required construction permit, as necessary.

§ 135-7.3 Residential driveways; off-street parking of commercial vehicles.

In all residential zones in the Town of Secaucus all off-street parking of commercial vehicles and/or trucks shall be subject to the following:

(1)

No more than one commercial vehicle or truck as herein defined shall be permitted on any residential property (driveway) in the Town of Secaucus provided that such commercial vehicle and/or truck shall be owned, leased, or operated by a resident of such residential property (driveway).

(2)

The term "commercial vehicle" or "truck" shall include any open truck or closed van-type vehicle or "any commercial vehicle, commercial van, truck or certain oversized vehicles" as defined in Section 127-8B, Subsection A of the Code of the Town of Secaucus, with a registered gross vehicle weight (GVW) of not more than 9,500 pounds, and a height not in excess of seven feet and/or a length not in excess of 22 feet.

(3)

No vehicle set forth above shall be permitted to have exposed construction materials while parked on residential property; such construction materials may be placed on said vehicles provided that all such construction materials be covered fully.

Should this section be rescinded at any time, no person shall continue to park any commercial vehicle and/or trucks, as set forth in Section 135-7.3A(2) hereof. No nonconforming use status shall inure to any property or property owner by virtue of this subsection should this subsection be repealed.

§ 135-8 Height, area and bulk regulations for commercial uses.

Minimum lot area: No lot with less than 2,500 square feet of lot area shall be constructed upon.

Minimum lot width: No lot with less than 25 feet in lot width shall be constructed upon.

Maximum building height: No building shall be erected in excess of 40 feet nor more than three stories.

Building setback: No building shall be constructed closer to the front property line than 10 feet and should match the established average setback if an infill site.

Side yards: None required.

Lot coverage: No building shall cover more than 80% of the total lot area.

Rear yard: A rear yard must be provided with a minimum of 10 feet or 10% of the lot length, whichever is greater.

Parking requirements: As enumerated according to use in the accompanying table.

Fences: All fences located in this zone shall comply with the requirements of Chapter 71 (Fences) of the Code of the Town of Secaucus as if said chapter were recited herein at length.

Fire hydrant and apparatus access road requirements: There shall be compliance with the provisions of the current International Fire Code Appendix C "Fire Hydrant Locations and Distribution" and Appendix D "Fire Apparatus Access Roads," copies of which are available in the Town's Building Department.

§ 135-9 Height, area and bulk regulations for industrial uses.

Minimum lot area: No lot with less than 40,000 square feet of lot area shall be constructed upon.

Minimum lot width: No lot shall be less than 100 feet wide.

Minimum length: No lot shall be less than 200 feet in length.

Maximum building height: No building shall be erected in excess of 30 feet nor more than two stories.

Building setback: No building shall be closer to the curbline than 35 feet.

Side yards: two side yards are required, each not less than 20 feet.

Rear yard: A rear yard shall be provided with not less than 30 feet.

Lot coverage: No building shall occupy more than 50% of the total lot area.

Parking requirements: As enumerated according to use on the accompanying table.

Additional requirements: Properties providing for the open-air storage of vehicles must provide appropriate fencing and buffering for the storage area.

Fences. All fences located in this zone shall comply with the requirements of Chapter 71 (Fences) of the Code of the Town of Secaucus as if said chapter were recited herein at length.

Where an industrial use is proposed abutting a roadway, a 25-foot landscaped buffer shall be provided.

Where a light industrial use abuts a residential use or zone, a 25-foot landscaped buffer shall be provided.

§ 135-9.1 Signs for all uses.

Signs shall be permitted as accessory uses in all zoning districts within the jurisdiction of this chapter. Signs may be used, erected, maintained, altered, relocated, removed, or demolished only in compliance with the provisions of this section and any and all other ordinances and regulations of the municipality relating to the use, erection, maintenance, alteration, moving, or removal of signs or similar devices. In the event of conflicting regulations, the most restrictive shall apply.

General provisions. The following general provisions shall apply to signs within the Town of Secaucus.

(1)

Maintenance. All signs shall be kept in a proper state of repair, in accordance with property maintenance regulations. Signs which fall into such a state of disrepair as to become unsightly may be removed by the municipality 30 days following notice by certified mail to the owner of record. Any sign posing an immediate threat to public safety may be removed at any time, with notification to the owner of record by certified mail within 10 days of such removal. The municipality shall have the right to recover from said owner the full costs of the removal and disposal of such signs.

(2)

Official sign imitation. No sign shall be erected that is of such character, form, shape or color that it imitates or resembles any official traffic sign, signal or device, or that has any characteristics which are likely to confuse or dangerously distract the attention of the operator of a motor vehicle.

(3)

Permitted uses. No sign shall be erected containing a message that states or implies that a property may be used for any purpose not permitted in the zoning district, or by duly authorized variance, in which the sign is located.

(4)

Public property and rights-of-way. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be subject to confiscation and forfeiture to the public. In addition to other remedies that may be imposed under this chapter, the municipality shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such sign. No sign other than traffic control or similar official governmental signs shall be erected within or project over the right-of-way of any public street or sidewalk. Any sign located along the right-of-way of a county, state or federal road shall comply with any more restrictive requirements of such level of government.

(5)

Relief and sign face distance. No sign shall contain characters or graphics exceeding three inches in relief from the sign face. The maximum distance between the faces of a double-faced sign shall not exceed 18 inches. No façade sign shall project more than 12 inches from the plane of the attaching surface.

(6)

Sight triangles. No sign shall be erected within the clear sight triangle area as otherwise established in this chapter, unless the topmost portion of such sign is less than 30 inches high. Regardless of height or location, no sign shall be erected that impedes the vision of motorists in the operation of their vehicles, or otherwise endangers their safety.

Sign area calculation. For the purposes of this section, "sign area" shall mean the area expressed in square feet, within a rectangle enclosing the extreme limits of writing, symbols, logos, letters, figures, emblems, or other representations plus all material or color forming an integral part of the sign or used to differentiate the sign from the background against which it is placed, provided that:

(1)

In the event a sign is designed with more than one face, the area shall be computed by including only the maximum surface display area of one face, provided that the message is the same on each face. For round, triangular or other non-standard signs, the size shall be computed by the area as represented on one plane, provided that;

(2)

The supports, uprights, skirting or other structure on which any sign is attached or supported shall not be included in the calculation of sign area unless such structure is designed in such a manner as to form an integral part of the sign or conveys meaning;

(3)

The area of lamps, neon tubing, or other artificial illumination visible on a sign shall be counted as part of the total allowable sign area. The area of lamps trained on a sign to provide external illumination, however, shall not be included in this calculation.

Prohibited signs. All signs not permitted by this chapter are hereby prohibited, with the following signs specifically prohibited:

(1)

Flashing, blinking, twinkling, animated, moving, or projected signs of any type, with the exception of time and temperature displays.

(2)

Banners, pennants, streamers, pinwheels, or similar devices; vehicle signs; portable signs; balloon signs or other inflated signs (excepting grand opening signs); and searchlights, displayed for the purpose of attracting the attention of pedestrians and motorists.

(3)

Signs which emit smoke, visible vapors or particles, sound or odor. Any sign that emits electromagnetic radiation outside the wavelengths of visible light which is measurable beyond the property boundary and signs causing interference with radio or television reception.

(4)

Any sign attached or affixed to the roof of a building, or a façade sign that projects above the lowest level of a roof or beyond the corner of a wall.

(5)

Any sign which, when applying contemporary community standards, has a dominant theme or purpose which appeals to prurient interests or is obscene in nature.

(6)

Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

(7)

Any sign so erected, constructed, or maintained as to obstruct any fire escape, window, door, or other opening used as a means of ingress and egress or which prevents adequate light and air to the interior of any building.

(8)

A series of two or more signs placed in a line parallel to a street each of which contains part of such message or advertisement.

(9)

Signs attached, affixed or painted on trees, fences, utility poles, light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign.

(10)

Signs with a commercial message that advertise or otherwise direct attention to a product, service, individual, business entity, or other commodity that is not located on the premises containing the sign.

(11)

Portable signs, with or without changeable copy.

Signs allowed without permit. The following signs shall be allowed without the issuance of a permit:

(1)

Emergency. Emergency warning signs erected by a governmental agency, public utility, or contractor doing such work authorized or permitted by such agency, utility, or company. Such signs may be illuminated.

(2)

Governmental. Signs posted by governmental agencies.

(3)

Historical markers. Historical tablets, cornerstones, memorial plaques and emblems which are installed or installed under the direction of government agencies or civil or religious organizations, provided that the sign area does not exceed six square feet.

(4)

Incidental signs. Non-illuminated or internally illuminated incidental signs, such as those advertising the availability of rest rooms, telephone, credit cards accepted, hours of operation or similar public conveniences, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services, except those of public utilities and credit cards. Any such sign shall not exceed two square feet in area.

(5)

Name and address. Name and address signs attached to the facade of a building, lamp post or on a mailbox, provided that the size of the sign does not exceed one and one-half (1 1/2) square foot. Address numbers and letters shall be a minimum height of four inches for residential uses and six inches for commercial, industrial and institutional uses.

(6)

Project development. Project development signs shall be permitted where final approval of a site plan or subdivision has been granted by the board of jurisdiction and which may indicate the name of the development, developer, financier, architect, or contractors. Such signs shall not exceed 32 square feet in sign area or eight feet in height. No more than one sign per street frontage shall be permitted and not more than two such signs per project shall be allowed. All such signs shall be removed within 14 days of the issuance of a conditional certificate of occupancy that permits the occupation of a building, in the case of a nonresidential development, or when 75% of the dwelling units in a residential development have been issued certificates of occupancy.

(7)

Public notice. Any sign providing public notice required by a valid and applicable federal, state, or local law, regulation, or ordinance.

(8)

Public transportation. Signs indicating public transportation stops when installed by the municipality or a public transportation utility.

(9)

Residential. A residential façade or freestanding sign expressing the views of the landowner or tenant shall be permitted provided that the size of the sign does not exceed six square feet in area.

(10)

Traffic control signs. Temporary and permanent traffic signs and signals installed by the municipality, county and state for the purpose of directing and regulating the flow of traffic.

(11)

Trespassing. Trespassing signs; signs indicating the private nature of a road, driveway, or premises; and signs prohibiting or otherwise controlling fishing and hunting on a particular property, provided that the sign area shall not exceed two square feet.

Signs requiring permits. The following signs shall be allowed upon issuance of a permit.

(1)

Freestanding signs. Freestanding signs shall comply with the following requirements:

(a)

Freestanding signs for nonresidential uses shall only be permitted when the front façade of the building is greater than 25 feet from the right-of-way line.

(b)

Freestanding signs shall be permitted only in a front yard.

(c)

No freestanding sign shall be erected closer to the curbline or edge of paving than 10 feet; or, five feet from a public sidewalk, whichever is greater.

(d)

No freestanding sign shall be located closer than 10 feet to any side property line.

(e)

Any new freestanding sign shall be separated by a minimum of 75 feet to any existing freestanding sign on an adjacent lot, excepting directional or directory signs.

(f)

No freestanding sign shall exceed six feet in height in a residential district and 25 feet in nonresidential districts.

(g)

Allowed sign sizes. No sign shall exceed the maximum limitations on size as indicated below:

[1]

Identification sign for townhome and multi-family developments: 36 sf.

[2]

Institutional uses: 40 sf.

[3]

Commercial uses: 80 sf.

[4]

Industrial uses: 80 sf.

(2)

Facade signs. Facade signs shall comply with the following requirements:

(a)

Only one sign per establishment shall be permitted, except that on corner lots, one additional facade sign shall be permitted for the primary establishment.

(b)

Allowed sign sizes. No sign shall exceed the maximum limitations on size as indicated below:

[1]

Institutional uses: 60 sf.

[2]

Commercial uses: 2 sf. per lineal foot of street frontage, not to exceed 120 sf. in total sign area.

[3]

Industrial uses: 120 sf.

(3)

Awning signs. Awning signs shall comply with the following requirements:

(a)

Signs on awnings shall be limited to the lower vertical fringe of the awning; or, on curved awnings, the lower one-third of the curvature.

(b)

Lettering on awnings shall not exceed six inches in height.

(4)

Canopy signs. Canopy signs shall comply with the following requirements:

(a)

Canopy signs shall be permitted only in conjunction with service stations and similar commercial uses where the canopy is required to provide cover and protection for outdoor equipment and service areas.

(b)

No more than one canopy sign shall be allowed per canopy fascia, and no more than two such signs per canopy shall be permitted.

(c)

No part of the canopy sign shall be less than 12 feet or more than 18 feet above ground level.

(d)

The area of a canopy sign shall not exceed 50% of the area of the canopy fascia or 30 square feet, whichever is less.

(5)

Changeable copy signs. Changeable copy signs shall comply with the following requirements:

(a)

Changeable copy signs shall be permitted for commercial and institutional uses, only. Changeable copy signs for commercial uses shall be limited to the advertising of live performances and motor fuel prices, only.

(b)

Each changeable copy sign shall be integrated into a freestanding, canopy or façade sign. The sign may be increased up to 50% of the size permitted to accommodate the changeable copy.

(c)

Changeable copy signs shall be limited to one such sign per premises.

(d)

All such signs shall be permanently affixed to the ground or to a structure.

(e)

Copy shall be changed electronically or by means of movable lettering and shall not be changed more than once every 24 hours. Changeable copy signs that are changed more frequently shall be considered animated signs.

(f)

Changeable copy signs may not be located in any residential or industrial zoning district, excepting institutional uses located in same.

(6)

Directional signs. Directional signs shall comply with the following requirements:

(a)

Directional signs shall be permitted for entrance and exit drives and to direct traffic within a site as approved by the board of jurisdiction.

(b)

Directional signs that are freestanding shall not exceed 30 inches in height and may be located at the streetline, provided that such signs do not obscure the vision of motorists.

(c)

Directional signs shall not exceed three square feet in area.

(7)

Directory signs. Directory signs shall comply with the following requirements:

(a)

The sign shall be located within the site or complex so as to allow motorists to leave the flow of traffic and safely read the directory; or, shall be placed as a façade sign at the main entrance to a building.

(b)

The sign may contain a map or floor plan diagram, as the case may be, indicating the location of the buildings or offices listed on the directory.

(c)

One such sign per main entrance drive or main building entrance shall be permitted.

(d)

Any such sign shall not exceed 12 square feet in sign area.

(e)

A freestanding directory sign shall not exceed six feet in height.

§ 135-9.2 Landscaping.

General provisions. The following general provisions shall apply to the installation and design of landscapes:

(1)

All land areas not covered with buildings, parking, or other impervious surfaces shall be landscaped with suitable materials. Landscaping shall consist of trees, shrubs, ground cover, perennials, and annuals singly or in common as well as inanimate materials such as rocks, water, sculpture, art, walls, and fences.

[Amended 6-28-16 by Ord. No. 2016-17]

(2)

A landscape plan shall be provided as part of site plan submissions and may be required for subdivisions at the discretion of the board of jurisdiction. Every applicant for subdivision or site plan approval shall comply with the minimum standards as set forth in this section.

(3)

For any residential dwelling, there shall be a minimum of 30% of landscaped surface in the front yard. For purposes of calculation of this percentage, the strip between the sidewalk and the curb shall be included. The required percentage of landscaped surface shall include at least six shrubs from the approved species list and one tree from the approved species list, with said tree either on the property or along the street line. Other trees, shrubs, ground cover, perennials and annuals may be used to meet any remaining required percentage of landscaped surface. The approved species list shall be kept on file with the Town Clerk and the Construction Department.

[Amended 6-28-16 by Ord. No. 2016-17]

(4)

The board of jurisdiction may require landscaping in excess of the minimum requirements in order to create an appropriate landscaping scheme for the development given the existing condition of the site and the proposed project.

(5)

All landscape plants shall be typical in size and weight for their species and shall conform to the standards of the American Association of Nurserymen for quality and installation.

(6)

Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities and stormwater management facilities and should generally be no closer than 10 feet measured horizontally to such utilities.

(7)

All plants shall be tolerant of specific site conditions. The use of indigenous species is strongly encouraged. Exotic, non-native invasive plant species are strongly discouraged.

(8)

Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway cuts steeper than 3:1 shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

Street trees.

(1)

Location. Street trees shall be installed on both sides of all streets in accordance with an approved landscape plan. Trees shall be spaced evenly along the street between the curb and sidewalk. Where the distance between the curb and sidewalk is less than five feet, sidewalks should be placed in a public access easement outside of the right-of-way to create a planting strip at least five feet wide to facilitate street tree growth. In areas with wider sidewalks that extend to the curb, trees shall be placed in tree wells with root guard systems. Such tree wells shall have sufficient soil volume to support tree growth as follows:

Tree Size at Maturity (Height in feet)	Soil Volume (in cubic feet)
Large trees (45'+)	200
Medium-sized trees (30')	150
Small trees (to 30')	100

Areas under sidewalks may be used to meet the soil volume requirement provided no more than 50% of the volume is located under such hard paving.

(2)

Spacing. When trees are planted at predetermined intervals along streets, spacing shall depend on tree size.

Tree Size at Maturity (Height in feet)	Planting Interval (in feet)
Large trees (45'+)	40
Medium-sized trees (30'-45')	30
Small trees (to 30')	20

Trees may be planted closer together in order to avoid interference with utilities, roadways, sidewalks, sight easements, and street lights.

(3)

Street tree type. Tree type may vary depending on overall effect desired but as a general rule, all street trees shall be large deciduous trees except as needed to achieve special effects. Tree selection shall be approved by the board of jurisdiction.

(4)

Planting specifications. Street trees shall be substantially uniform in size and shape, and have straight trunks. Trees shall be properly planted and staked in accordance with standards promulgated by the American Nurserymen's Association. Provision shall be made by the developer for regular watering and maintenance until trees are established. Dead or dying trees shall be replaced by the developer during the next suitable planting season.

Buffers. Landscaping buffers shall be required to minimize and visually screen any adverse impacts or nuisances on a site or from any adjacent area.

(1)

Landscape buffers shall consist of a combination of deciduous trees, conifers, shrubs, and if appropriate, fences or walls in sufficient quantities and sizes to perform their necessary screening function.

(2)

Buffers may be installed in required yard areas except for reverse frontage buffers where they shall be in addition to the required yard area.

(3)

Buffers shall be continuous except for access drives as approved by the board of jurisdiction. Stormwater management facilities, parking, dumpster enclosures, accessory building or above ground structures, and similar encroachments shall not be permitted in the required buffer area.

(4)

The minimum width of a landscape buffer shall be dependent on the proposed use of a property and the land uses adjacent to it in accordance with Table 1.

Table 1. Required Minimum Buffer Widths.
Proposed Land Use	Adjacent Land Use
Proposed Land Use	Residential Type A ⁽¹⁾	Residential Type B ⁽²⁾	Commercial	Institutional/ Quasi-public	Industrial
Residential Type A ⁽¹⁾	None	15 ft.	15 ft.	None	25 ft.
Residential Type B ⁽²⁾	15 ft.	None	10 ft.	None	25 ft.
Commercial	15 ft.	10 ft.	None	None	15 ft.
Institutional/ Quasi-public	15 ft.	10 ft.	None	None	15 ft.
Industrial	25 ft.	25 ft.	15 ft.	15 ft.	None

⁽¹⁾ - Residential Type A equals single-family detached, duplex and semi-detached dwellings.

⁽²⁾ - Residential Type B equals all other dwellings except those in institutional settings, i.e. residential health care facilities, skilled nursing facilities and assisted living facilities. The Institutional category shall apply to these exceptions.

(5)

Required buffer widths may be reduced by five feet in width if an opaque fence or wall is used in conjunction with plantings and is sufficiently high to visually obstruct the view of persons at ground level. See Chapter 71 of the Town of Secaucus Code for fence and wall regulations.

Parking and loading area landscaping. The objectives of the landscape architectural treatment of all parking areas shall be to provide for safe and convenient movement of vehicles, to limit pedestrian/vehicular conflicts, to limit paved areas, to provide for screening from the public right-of-way and adjacent buildings, to reduce the overall visual impact of parking lots, and to provide shade and reduce heat island effects. All nonresidential parking lots and residential parking lots in excess of five spaces shall conform to the following requirements:

(1)

The minimum width of landscape islands shall be eight feet on the side of parking spaces. If sidewalks are incorporated through the long axis of the landscape islands, their width shall be added to these requirements. Where the parking lot design will result in pedestrians cutting perpendicularly through landscape islands, sidewalks shall be installed at regular intervals through its short axis.

(2)

Parking and loading areas shall be screened by a combination of hedges, fences and/or walls. The minimum screening height at planting shall be 30 inches and shall have a height of at least four feet within three years of installation, except for areas within clear sight areas. Loading dock areas shall be screened with a minimum height of six feet at planting and shall achieve a height of at least 10 feet five years after installation. Land use mitigation buffers pursuant to Table 1 may be used to meet these requirements. The board of jurisdiction may also approve a solid masonry wall of brick or architectural concrete masonry units in lieu of such screening.

(3)

Parking lot lighting should be sited within landscape islands, however, without hindering necessary lighting coverage.

(4)

No more than 20 parking spaces shall be placed in one row of parking without an intervening landscape island or depression (if being used for water infiltration purposes).

Removal of debris and incompatible material. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with New Jersey Department of Environmental Protection regulations. All material incompatible with plant growth, including but not limited to, asphalt, concrete, stones greater than one inch in diameter, brick, and excessively alkaline or acidic soils shall be removed from planting beds and other areas intended for landscaping to a depth of 24 inches. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development.