A.
A Residence Zone permitted uses. The following uses only shall be
permitted in the A Residence Zone:
(1)
Single dwelling unit.
(2)
Churches, temples and houses of worship.
(3)
Public schools, libraries and museums.
(4)
Public parks and playgrounds.
(5)
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)
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.
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)
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.
C.
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.
(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.
D.
C Commercial Zone permitted uses. The following uses only shall be
permitted in the C Commercial Zone:
(1)
Banks.
(2)
Barber/beautician.
(3)
Churches.
(4)
Commercial laundry.
(5)
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.
E.
I Industrial Zone permitted uses. The following uses only shall be
permitted in the I Industrial Zone:
F.
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.
G.
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)
CANNABIS ESTABLISHMENTS
Definitions.
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.
A.
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.
(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.
(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.
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.
(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)
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.
(17)
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]
C.
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.
(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.
A.
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.
B.
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.
C.
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]
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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.
A.
Minimum lot area: No lot with less than 2,500 square feet of lot
area shall be constructed upon.
B.
Minimum lot width: No lot with less than 25 feet in lot width shall
be constructed upon.
C.
Maximum building height: No building shall be erected in excess of
40 feet nor more than three stories.
D.
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.
E.
Side yards: None required.
F.
Lot coverage: No building shall cover more than 80% of the total
lot area.
G.
Rear yard: A rear yard must be provided with a minimum of 10 feet
or 10% of the lot length, whichever is greater.
H.
Parking requirements: As enumerated according to use in the accompanying
table.
I.
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.
J.
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.
A.
Minimum lot area: No lot with less than 40,000 square feet of lot
area shall be constructed upon.
B.
Minimum lot width: No lot shall be less than 100 feet wide.
C.
Minimum length: No lot shall be less than 200 feet in length.
D.
Maximum building height: No building shall be erected in excess of
30 feet nor more than two stories.
E.
Building setback: No building shall be closer to the curbline than
35 feet.
F.
Side yards: two side yards are required, each not less than 20 feet.
G.
Rear yard: A rear yard shall be provided with not less than 30 feet.
H.
Lot coverage: No building shall occupy more than 50% of the total
lot area.
I.
Parking requirements: As enumerated according to use on the accompanying
table.
J.
Additional requirements: Properties providing for the open-air storage
of vehicles must provide appropriate fencing and buffering for the
storage area.
K.
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.
L.
Where an industrial use is proposed abutting a roadway, a 25-foot
landscaped buffer shall be provided.
M.
Where a light industrial use abuts a residential use or zone, a 25-foot
landscaped buffer shall be provided.
N.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
(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.
(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.
A.
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.
B.
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.
C.
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
| ||||
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.
D.
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).
E.
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.