[Ord. No. 77:1]
Pursuant to Section 77, Chapter 291, Laws of New Jersey 1975,
and pending the adoption of a Zoning Ordinance, the Zoning Ordinance
of the Borough adopted September 20, 1949, as amended, including every
amendment thereof heretofore passed, is hereby readopted in its entirety
as an interim Zoning Ordinance so that the same shall read as follows.
[Ord. No. 77:1]
In interpreting and applying this article the provisions hereof
shall be held to be the minimum requirements adopted for the purpose
of:
a.
Promoting the health, safety, morals and general welfare of the community.
b.
Lessening congestion in the streets.
c.
Securing safety from fire, panic and other dangers.
d.
Preventing the overcrowding of land and avoiding undue concentration
of population.
e.
Facilitating adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements.
f.
Conserving the value of buildings and encouraging the most appropriate
use of land throughout the Borough.
g.
Providing for public health, comfort and general welfare in living
and working conditions.
h.
Regulating and restricting the location of trades and industries
and location of buildings designed for specified uses.
i.
Regulating and limiting the height and bulk of buildings hereafter
erected and for the purpose of regulating and determining the area
of yards, courts and other open spaces for buildings hereafter erected.
j.
Regulating the use and extent of use of land.
[Ord. No. 77:1]
a.
It is not intended by this article to repeal, abrogate, annul or
in any way impair or interfere with existing provisions of other laws
or ordinances, except those specifically or impliedly repealed by
this article, or any private restrictions placed upon property by
covenant, deed or other private agreement unless repugnant hereto.
b.
Where this article imposes a greater restriction upon the use of
buildings or premises or upon the height of buildings or lot coverage
or requires greater lot area or larger yards or other open spaces
than are imposed or required by such rules, regulations or permits
or by such private restrictions, the provisions of this article shall
control.
[Ord. No. 77:1; Ord. No. 80:10; Ord. No.
85:1 § 17; Ord. No. 91:16 § XX; Ord. No. 2005:25; Ord. No. 2016:05; Ord. No. 2017:01]
For the purpose of this article, the Borough is divided into
eight classes of zones:
[Ord. No. 77:1; Ord. No. 92:14 § 1; Ord. No. 2017:01]
a.
Such districts shall have the boundaries and areas as shown on the
map accompanying this chapter and made a part hereof and entitled
"Zoning Map Borough of New Milford, Bergen County accompanying Zoning
Ordinance 1949 as amended, map revised May 1, 1992" and the several
districts as therein laid out are hereby established.
b.
The districts created by this section, as well as the regulations,
limitations and restrictions hereinafter set forth, may be changed,
modified or altered in the manner provided by Chapter 291 of the Laws
of New Jersey 1975.
c.
Amendments. Pursuant to Ordinance No. 2017:01, Block 1309, Lot 1.02
and Block 501, Lots 9 and 10 are included in the Mixed Use Planned
Unit Development Zone.
[Added 9-23-2019 by Ord.
No. 2019:19]
Any use not specifically permitted in a zoning district established
by the Zoning Chapter is hereby expressly prohibited from that district.
a.
It is the policy of the Borough that the following uses are specifically
prohibited in all zoning districts:
1.
Businesses selling dispensing, manufacturing, growing, cultivating,
storing, handling, processing, packaging, delivering or producing
medicinal and recreational cannabis, cannabis products, and related
supplies are a prohibited use in all zones in the Borough of New Milford.
2.
All cannabis-related facilities, including clinics, treatment centers
and dispensaries.
3.
Businesses where cannabis, cannabis products, and related supplies
are sold, dispensed, manufactured, grown, cultivated, stored, handled,
processed, packaged, delivered or produced.
4.
Medical cannabis dispensary or clinical registrant holding a medical
cannabis consumption area endorsement.
5.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 6-14-2021 by Ord. No. 2021:07]
b.
All ordinances or parts thereof, which are inconsistent with the
provisions of this subsection, are hereby repealed to the extent of
their inconsistencies.
c.
In the event any section, part or provision of this subsection shall
be held unconstitutional or invalid by any court, such holding shall
not affect the validity of this subsection or any remaining part of
this subsection other than the part held unconstitutional or invalid.
d.
This subsection shall be subject to review and recommendation by
the Borough Planning Board in accordance with N.J.S.A. 40:55D-26.
e.
The County Planning Board shall be provided notice of this proposed
subsection in accordance with N.J.S.A. 40:27-6.10.
f.
This subsection shall take effect immediately upon its final passage
and publication as required by law and filing with the Bergen County
Planning Board.
[Ord. No. 77:1; Ord. No. 90:4 § 1; Ord. No. 91:16 § XXI; Ord. No. 97:10 § I]
In Residential A Zones, no land, building or structure shall
be used and no building or structure shall be built, altered or erected
on land to be used for any purpose other than as follows:
[Ord. No. 77:1; Ord. No. 90:4 § 2; Ord. No. 2011:24]
a.
There shall be permitted such accessories as are customarily incident
to the foregoing uses and are not injurious to the district primarily
a place of residence, as follows:
1.
A home professional office shall be limited to 50% of the building
area of the first floor or 750 square feet, whichever shall be less,
and subject to the following:
(a)
Those who may have a home professional office include the following
professionals: physician, dentist, nurse, architect, planner, engineer,
land surveyor, psychologist, marriage counselor, osteopath, podiatrist,
chiropodist, chiropractor, physical therapist, occupational therapist,
real estate broker, accountant, attorney, teacher, tutor so long as
the requirements stated in all subsections of this section are met.
(b)
The resident(s) of the dwelling or premises shall have a proprietary
interest in the home professional business.
(c)
There shall be no change in the outside appearance of the dwelling or property or other visible evidence of the conduct of such home professional business except that one sign may be erected in compliance with subsection 30-29.3.
(d)
The professional home office business shall be carried on wholly
within the principal building and shall not be conducted in any accessory
building or outside the dwelling.
(e)
No goods may be manufactured in the dwelling or on the property.
(f)
No equipment or process shall be used in such home professional
office which creates noise, vibration, glare, fumes, odors or electrical
interference or which creates visual or audible interference in any
radio or television receivers off the premises or causes fluctuations
in line voltage off the premises.
2.
A private garage.
3.
An accessory building.
b.
A driveway or walk used for access to a business or industrial use
shall in no case be permitted as an accessory use.
[Ord. No. 77:1; Ord. No. 79:11; Ord. No.
85:1 § 15; Ord. No. 90:1 § 3; Ord. No. 91:16 § XXII; Ord. No. 92:10 § II]
The following lands and premises known and designated as Block
902 Lots 2, 3, 4; Block 906 Lots 16, 17, 18, 19; Block 907 Lot 24;
Block 1104 Lots 4, 5, 6, 7, 8, 9; Block 116 Lots 3, 4, 5; Block 1214
Lot 19; Block 1404 Lot 9; Block 612 Lot 2; Block 117 Lot 1; Block
1109 Lot 4; Block 1110 Lot 2; Block 612 Lot 5; Block 903 Lot 14; Block
202 Lot 49; Block 1006 Lot 8; Block 311 Lot 1.02; Block 318 Lot 51;
Block 1115 Lot 1.01; Block 1511 Lots 1.01, 1.02; Block 1011 Lots 14.01,
14.02; Block 607 Lots 2.01, 2.02, 2.03, 2.04; Block 1503 Lots 1.01,
1.02, 1.03; Block 1501 Lot 1; Block 1310, Lot 16, as shown on the
current assessment map of the Borough of New Milford be and the same
are hereby located and included in Residential "A" zones and subject
to all of the terms and conditions, regulations, restrictions and
requirements which apply to Residential "A" zones.
[Ord. No. 77:1; Ord. No. 90:4 § 4; Ord. No. 91:16 § XXIII; Ord. No. 94:10 § I; Ord.
No. 2005:26; Ord. No. 2018:15]
a.
In Residential A Zones, each dwelling hereafter erected, together
with its accessory buildings and structures shall be located on a
lot having an average width of not less than seventy-five (75') feet,
provided that, in calculating the average width of a lot, the portions
thereof more than one hundred (100') feet distant from the street
line shall be disregarded, it being intended that each building lot
shall have a minimum area of 7,500 square feet. There shall be not
more than one dwelling on any lot.
b.
No one-family dwelling hereafter erected shall occupy a ground area
of less than 1,000 square feet, exclusive of porches and garages,
where all living spaces are located on one floor, and not less than
500 square feet per floor where living spaces are equally divided
on two floors. To constitute a second floor containing 500 square
feet, 75% of the floor area shall have a ceiling height of not less
than seven (7') feet six (6") inches. Finished living spaces in basements
or attics shall not constitute any part of the required area.
d.
The standards set forth in Chapter 25-1 et. seq. of the Borough Code
are hereby incorporated herein and are applicable to properties located
within Areas of Special Flood Hazard within the Residential A and
Residential B zoning districts.
[Added 12-19-2022 by Ord.
No. 2022:25]
[1]
Editor's Note: See also Schedule of Zoning Limitations which
may be found as an attachment to this chapter.
[Ord. No. 77:1; Ord. No. 91:16 § XXIV; Ord. No. 97:09 § 2; Ord. No. 2018:15]
a.
Front Yards.
1.
No new building shall be erected and no existing building shall be
altered or reconstructed to project beyond the average setback line
of the buildings situated within the same block and within two hundred
(200') feet of either side lot line and measured in a direction parallel
to the street on which the lot faces.
2.
No dwelling house either existing or in the process of construction
at the time of the passage of this chapter shall be deemed to be nonconforming
as to minimum frontage and minimum plot area, but such construction
or alteration shall be otherwise in conformity with the provisions
of this chapter.
3.
Where there is no existing building in the block, the minimum front
yard setback shall be 30' feet from the front lot line.
4.
In case of a corner lot, the owner shall designate either of the
two exterior yards as the front yard, the other to be governed by
the side yard provision of this subsection.
b.
Rear Yards. There shall be a rear yard of not less than 25% of the
depth of the lot at the ground level, except that a rear yard shall
not be less than twenty (20') feet deep. A building on a lot extending
through from street to street shall observe the front yard restrictions
on each street in lieu of a rear yard as provided above.
c.
Side Yards.
1.
There shall be two side yards. The least dimension of either side
yard shall be not less than ten (10') feet; provided, however, that
in the case of a corner lot, the exterior side yard shall be not less
than thirty (30') feet in width and the interior side yard not less
than ten (10') feet in width.
2.
Each side yard of an interior lot having a frontage of sixty-five
(65') feet or more shall be not less than ten (10') feet; where a
lot has a frontage less than sixty-five (65') feet, each side yard
shall be not less than seven and one-half (7 1/2') feet. However,
in the case of a corner lot, the exterior side yard shall be not less
than thirty (30') feet.
3.
An accessory building on a corner lot shall be set back a distance
equal to the average setback line of the buildings situated on the
side street. Where there is no established setback line, the accessory
building shall be set back a minimum of 30' feet from the street line.
4.
No building to be used as a dwelling shall be constructed or altered
in the rear of a building situated on the same lot, nor shall any
building be constructed in front of or moved to the front of a dwelling
situated on the same lot. These provisions shall not be construed,
however, as preventing the erection, alteration and maintenance of
dwelling quarters in connection with an accessory building upon the
rear of the lot when the persons occupying such quarters are employed
in domestic service upon the premises.
5.
Setback and side yards for accessory buildings. No accessory building
shall be nearer than ten (10') feet to either side yard, nor shall
any accessory building be nearer than five (5') feet to any rear line.
6.
A detached garage shall have a side yard of at least five (5') feet
regardless of lot frontage but shall not be nearer than five (5')
feet to any rear lot line, provided that the garage is set back beyond
the rear of existing buildings.
7.
A shed shall have a side yard of at least five (5') feet regardless
of lot frontage and shall not be closer than five (5') feet to any
rear lot line.
[Ord. No. 77:1; Ord. No. 90:5 § 5; Ord. No. 91:16 § XXV; Ord. No. 97:03 § 2; Ord.
No. 97:09 § 3; Ord. No.
2006:15; Ord. No. 2008:06]
Subject to the exceptions provided hereinafter, no dwelling erected, altered or reconstructed shall exceed two and one-half (2 1/2) stories nor thirty (30') feet in height (see Height of Building definition subsection 30-2.1). Nor shall the height of any dwelling be less than eighteen (18') feet.
a.
The height of any accessory building or structure shall in no case
exceed fifteen (15') feet.
b.
A person or entity which constructs, alters or reconstructs a dwelling
shall not alter the existing natural grade of the property by more
than two (2') feet.
c.
The height of a shed shall not exceed nine (9') feet.
[Ord. No. 97:10 § II]
The following uses are conditionally permitted uses in all zones
in the Borough of New Milford:
[Ord. No. 97:10 § II]
These uses are subject to the following requirements which shall
the precedence over any conflicting regulation for the zone district
in which the use is located.
a.
Lot Size. Minimum lot size per building lot shall be two acres. No
school or house of worship shall exceed thirty-two (32') feet and
two stories in height except that spires and cupolas shall not exceed
forty-seven (47') feet in height when combined with the building height.
b.
Parking. One parking space must be provided for each permanent seat
in a house of worship. Seating in schools shall be calculated using
seats or gross floor area in the auditorium or largest meeting room
in the school. Pews or bench seating is calculated as having one fixed
seat per each twenty (20") inches of length. If no fixed permanent
seating is provided, then one space for every 40 square feet of gross
floor area shall be provided.
c.
Front and Rear Yards. The front yard shall be fifty-five (55') feet
from the center line of the road or the average setback of the street
upon which the building is located. The rear yard shall be twenty-five
(25') feet and each side yard shall also be twenty-five (25') feet.
d.
Maximum Building Coverage. The total gross ground floor area of all
buildings shall not exceed 25% of the area of the lot. The total impervious
coverage per lot shall not exceed 40% of the lot area for a total
lot coverage not to exceed 65% of the lot.
e.
Buffering. A buffer strip of ten (10') feet minimum shall be provided
on the side and rear yards. This buffer strip shall provide a year
round visual screen consisting of plantings, fencing, evergreens,
ferns or a combination thereof in order to minimize adverse impacts
on the adjacent property or from adjacent areas. The height of the
planting buffer shall be a minimum of six (6') feet. A four (4') foot
fence shall be installed along each side and rear yard of the property.
f.
Parking Lot Landscaping. At least 5% of the interior parking area
shall be landscaped with plantings, and one tree for each 10 parking
spaces shall be installed. No parking spaces shall be located in the
required front yard areas and the parking lot frontage shall be adequately
screened.
g.
Lighting. Non-corrosive ornamental lighting shall be provided and
shielded to direct illumination downward for walks, steps, and parking
areas and roadways to insure safe and convenient night time use.
[Added 12-19-2022 by Ord.
No. 2022:25]
All new or elevated structures shall comply with the following
requirements:
a.
The maximum exposed foundation of structures that are built on conventional
concrete or concrete block foundations shall be 36 inches. Treatment
is required for exposed foundations in excess of the thirty-six-inch
limit and shall include treatments such as natural or faux stone facing,
brick facing, wood batten, lattice or siding. Treatment shall not
include a skim coat of mortar over concrete block work.
b.
Structures that are built on piling or pier type foundations shall
enclose the entire foundation with a finished architectural treatment,
such as stone, masonry, framed lattice, framed louvers or siding,
to enclose the entire foundation, the same to be reviewed and approved
by the Construction Official.
[Ord. No. 77:1; Ord. No. 91:16 § XXVI]
In Residential B Zones, no land, building or structure shall
be used and no building shall be built, altered or erected to be used
for any purpose other than as permitted in Residential A Zones, except
as follows:
[Ord. No. 77:1; Ord. No. 2005:26]
a.
Regulations controlling areas, yards, heights of building and open
spaces, building and impervious lot coverage in Residential B Zones
shall be the same as in Residential A Zones.
b.
All yard setbacks shall be measured from the nearest point of the
exterior building wall to the property line.
c.
No two-family dwelling hereafter erected or altered shall occupy
a ground area of less than 1,400 square feet, exclusive of porches
and garages, where all living spaces are located on one floor, and
not less than 700 square feet per floor where living spaces are equally
divided on two floors. To constitute a second floor containing 700
square feet, 75% of the floor area shall have a ceiling height of
not less than seven feet six (7'6") inches. Finished living spaces
in basements or attics shall not constitute any part of the required
area. The above requirements shall apply to any proposed alteration
of a one-family dwelling to a two-family dwelling.
[Ord. No. 91:16 § XXVII]
The following lands and premises known and designated as Block
1202 Lots 9, 10, 11 and 12; and Block 1203 Lot 17 as shown on the
current assessment map of the Borough of New Milford be and the same
are hereby located and included in Residential B zone are subject
to all the terms, conditions, regulations, requirements and restrictions
which apply to Residential B zones. The current Zoning Map of the
Borough of New Milford is hereby amended accordingly.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 77:1,
86:11, 91:16, 2013:19.
[Ord. No. 2014:13]
c.
Permitted Accessory Uses:
1.
Signs.
(a)
One sign identifying the development located at the entrance
to such development. Such a sign shall have a maximum of two sign
faces each not to exceed 25 square feet per side, and shall not exceed
six (6') feet in height, inclusive of a base or other supporting structure.
(b)
In a development with frontage on more than one street, additional development identification signs that comply with the regulations of subsection 30-23.1c1(a) shall be permitted. The total number of development identification signs shall not exceed one sign for every five acres of tract area.
(c)
One sign identifying the location of a sales or leasing office
shall be permitted. Such a sign shall have a maximum of two sign faces
each not to exceed nine square feet per side, and shall not exceed
six (6') feet in height, inclusive of a base or other supporting structure.
In a development with a tract area greater than 10 acres, a maximum
of two additional signs identifying the location of a sales or leasing
office that comply with the requirements of this subsection shall
be permitted.
(d)
Other signs shall be provided as otherwise regulated in Borough
ordinances.
2.
Recreational uses such as, but not limited to, common open spaces,
walking paths, gazebos, swimming pools, putting greens, and tennis,
shuffleboard and bocci courts.
3.
Fences and walls.
4.
Administration, maintenance, storage and utility buildings, including
leasing and management offices.
5.
Clubhouses.
6.
Off-street parking, including parking structures and parking areas
within residential buildings.
[Ord. No. 2014:13]
a.
Low-Rise Multifamily Dwellings:
1.
Minimum lot area: 2 acres.
2.
Minimum front yard: 30 feet. The minimum front yard shall be provided
along all public streets.
3.
Minimum side yard: 20 feet.
4.
Minimum rear yard: 20 feet.
5.
Minimum space between buildings: 20 feet.
6.
Maximum density: 16 dwelling units per acre, except that the maximum permitted density shall be increased when the requirements for the provision of affordable dwelling units in subsection 30-23.3 are met.
7.
Maximum building coverage: 50%.
8.
Maximum impervious coverage: 75%.
9.
Maximum principal building height: two and one-half stories/35 feet
of habitable space. Flat roofs are specifically prohibited, except
where necessary to permit mechanical equipment or other appurtenances
as primary roof structures except for parking garages which are shielded
from public view by other structures.
10.
Maximum accessory building height: one story/15 feet.
b.
Mid-Rise Multifamily Dwellings:
1.
Minimum lot area: 2 acres. However, a minimum tract area of 25 acres
shall be required to permit buildings 3 stories or greater in height.
2.
Minimum front yard: 25 feet. The minimum front yard shall be provided
along all public streets. A clubhouse, leasing office, or recreation
building may be located within a front yard, but shall be set back
at least 10 feet from a street.
3.
Minimum side yard: 25 feet for buildings up to 40 feet in height,
50 feet for buildings over 40 feet in height.
4.
Minimum rear yard: 50 feet.
5.
Minimum setback from any lot developed with a single-family dwelling:
65 feet from a building facade less than 100 feet in length, 85 feet
from a building facade 100 feet or greater in length.
6.
Minimum space between buildings: 25 feet from end to end, 50 feet
at any other location.
7.
Maximum density: 24 dwelling units per acre, except that the maximum permitted density shall be increased when the requirements for the provision of affordable dwelling units in subsection 30-23.3 are met.
8.
Maximum building coverage: 40%.
9.
Maximum impervious coverage: 65%.
10.
Maximum principal building height: three and one-half stories/48
feet of habitable space. Flat roofs are specifically prohibited, except
where necessary to permit mechanical equipment or other appurtenances
as primary roof structures except for parking garages which are shielded
from public view by other structures.
(a)
An additional one story, not to exceed 10 feet in height, shall
be permitted for a building that is located around the perimeter of
a parking garage and is designed to screen it from view.
(b)
An additional 2 stories, not to exceed 20 feet in height, shall
be permitted for a building that is setback 150 feet or more from
the boundary of the R-A zone.
11.
Maximum accessory building height: one story/15 feet, except that
the height limit may be increased to 30 feet for a recreation or clubhouse
building that has a peaked roof.
12.
Maximum length of a facade without a vertical element in facade design:
75 feet.
[Ord. No. 2014:13]
a.
All development in the R-C district that results in a net increase
in the number of dwelling units shall be required to provide a setaside
of affordable dwelling units.
b.
The maximum residential density shall be increased to 25 units per
acre for low-rise multifamily dwellings and 38 units per acre for
mid-rise multifamily dwellings, with a minimum affordable housing
set-aside of 10 percent of the net increase in dwelling units in the
development, unless a greater amount is required by State regulations
at the time site plan approval is granted. A minimum of 10 percent
of the affordable units shall be affordable to households earning
30 percent or less of the area median income for the Council on Affordable
Housing region. Affordable housing units shall not be required to
be provided on tax map lots that are less than 40,000 square feet
in area, but the developer shall post a contribution to the Borough's
affordable housing trust fund in lieu of providing affordable housing
on site. The developer shall demonstrate to the Planning Board that
the affordable housing obligation shall not be shifted to the municipality.
c.
Affordable dwelling units shall comply with the applicable rules
of the Council on Affordable Housing.
[Ord. No. 2014:13]
a.
Parking.
1.
All parking shall be confined to the areas specifically designated
on the site plan for that purpose. Parking may be provided in surface
parking lots, within residential structures and within garages.
2.
Parking shall be provided in accordance with the requirements of
the New Jersey Residential Site Improvement Standards at N.J.A.C.
5:21, as amended, which are as follows for low-rise and mid-rise multifamily
dwellings:
Studio/one-bedroom unit: 1.8 spaces per unit
Two-bedroom unit: 2.0 spaces per unit
Three-bedroom unit: 2.1 spaces per unit
The above requirements include provisions for guest parking
(0.5 spaces per dwelling unit).
3.
No outdoor surface parking area shall be permitted closer to a building
than 10 feet. Parking areas may be constructed in the rear and side
yards but in no event closer than 10 feet to a side or rear lot line.
No parking areas shall be constructed within a front yard setback
area.
4.
Exposed parking areas underneath buildings are prohibited. Below-building
parking within the building footprint shall only be permitted when
such parking is screened by permitted uses or by architectural detailing.
The architectural detailing for parking areas shall use a similar
or complimentary type and quality of materials as the remainder of
the building.
5.
Parking garages shall be fully surrounded by a residential building,
other than an access point to the garage through the residential building.
6.
Parking garages within or surrounded by a building shall comply with
the yard requirements for principal buildings.
b.
Street Trees, Landscaping and Buffering. All areas of a multifamily
dwelling development not used for the construction of buildings, roads,
accessways, parking areas or sidewalks shall be fully landscaped.
Street trees shall be provided along all public streets, with a maximum
distance between trees of 40 feet on center. Buffer areas with a minimum
depth of 15 feet shall be provided along all boundaries of the R-A
zone.
c.
Recreation. Adequate and sufficient open space shall be provided,
consisting of at least 15 percent of the tract area. Recreation facilities
shall be provided to serve the residents of a mid-rise multifamily
dwelling development. A clubhouse and a swimming pool shall be provided
for any mid-rise multifamily dwelling development that exceeds 750
dwelling units on a tract. The clubhouse shall be equipped with a
permanent standby generator capable of powering the entire building
in the event of a power outage.
d.
Utilities. All telephone, electric transmission and service lines,
cable television and all other utility wiring whatsoever shall be
placed underground. Any satellite dishes shall be screened so as not
to be visible from the ground.
e.
f.
All trash and recycling facilities shall be appropriately screened
from view.
g.
Additional Standards for Low-Rise Multifamily Dwellings.
1.
Each dwelling unit shall contain separate bedroom, separate bathroom,
separate living room and separate kitchen facilities, which kitchen
facilities shall be located separate and apart from other rooms. A
bedroom shall be construed as any separate room other than a dining
room, living room, kitchen or bathroom.
2.
A maximum of 16 dwelling units shall be permitted in a single low-rise
multifamily dwelling.
3.
The maximum length of a low-rise multifamily dwelling shall not exceed
160 feet in its longest dimension.
4.
Laundry facilities and storage space shall be provided for residents.
[Ord. No. 91:16 § XXX]
The following lands and premises known and designated as Block
104.01 inclusive; Block 104.02 inclusive; Block 104.03 inclusive;
Block 104.04 inclusive; Block 104.05 inclusive; Block 104.06 inclusive;
Block 105.07 inclusive; Block 104.08 inclusive; Block 104.09 inclusive;
Block 104.10 inclusive; Block 104.11 inclusive; Block 104.12 inclusive;
Block 104.13 inclusive; on the current assessment map of the Borough
of New Milford is hereby classified as the Residential D/ Townhouse
Zone.
[Ord. No. 80:10; Ord. No. 85:1 § 17; Ord. No. 91:16 § XXXI]
[Ord. No. 80:10]
a.
Site plan approval shall be required for all townhouse developments.
b.
The site plan review shall consider solid waste management, lighting,
pedestrian and vehicular circulation, parking location and arrangement,
building siting and arrangement, signs, landscaping and recreation
and open space.
c.
The common open space and recreation provided as part of any townhouse
development shall be owned and maintained in accordance with N.J.S.A.
40:55D-43. An applicant shall submit to the Board the master deed
or such other legal documents establishing said open space organization
providing for the use, enjoyment and responsibilities of all of the
owners of the units who would benefit from the common open space and
recreational facilities. Such master deed or other legal documents
shall be approved by the Planning Board Attorney. At least 25% of
the tract area shall be set aside for the common use and benefit of
the residents of the development.
d.
All facilities and utilities shall be built to Borough specifications.
[Ord. No. 80:10; Ord. No. 85:1 § 16]
The maximum density shall not exceed five units per acre.
[Ord. No. 80:10; Ord. No. 91:16 § XXXII]
a.
Maximum height shall be two and one-half (2 1/2) stories or
thirty-five (35') feet, whichever is lesser, no living space shall
be permitted above the second floor.
b.
Minimum setbacks for all buildings shall be fifty (50') feet from
the right-of-way line of any exterior public road; forty (40') feet
from the center line of any private interior road; and thirty-five
(35') feet from any perimeter boundary.
d.
Maximum building coverage shall be 20%.
e.
Maximum impervious surface coverage shall be 65%.
f.
Minimum interior road from curb to curb shall be not less than thirty
(30') feet wide.
g.
No accessory structure or building shall be more than fifteen (15')
feet in total height.
h.
The minimum area for any townhouse development shall not be less
than seven acres.
[Ord. No. 80:10]
a.
Width. The average width of all townhouses shall be not less than
twenty-two (22') feet. No residential townhouses shall be less than
twenty (20') feet wide.
b.
All townhouses shall be provided with individual private patios of
not less than ten (10') feet in depth.
c.
There shall not be more than eight townhouses in a single row.
d.
Not more than two adjacent dwelling units shall be constructed without
providing a front wall setback of not less than four (4') feet.
[Ord. No. 80:10; Ord. No. 91:16 § XXXIII]
No parking shall be permitted on any road or accessway within
the townhouse development. All parking shall be confined to the area
specifically designated on the site plan for the purpose. A minimum
of three off-street parking spaces shall be provided for each townhouse.
At least one of the required spaces shall be within the unit. Parking
areas shall be paved and curbed and provided with an adequate system
of storm water drainage. Parking areas may be constructed in the rear
and side yards but in no event closer than ten (10') feet to a side
or rear lot line. No parking areas shall be constructed within a front
yard setback area.
[Ord. No. 80:10]
a.
Refuse storage areas and receptacles shall be provided for each townhouse.
No central dumpster or similar type of storage shall be permitted.
b.
All utility wiring shall be underground.
c.
Typical landscaping plans for each unit shall be approved as part
of the site plan approval in addition to an overall landscaping plan.
d.
Sidewalks shall be provided throughout the development along all
streets and between buildings and to and from recreational facilities.
[Ord. No. 2005:25]
a.
The purpose of the Multi-Family Townhome (MFTH) District is to provide
an additional housing option for New Milford residents in the form
of a high-quality residential community. It is also intended to provide
an open-space component to residents of the proposed community and
greater New Milford.
b.
The purpose of this section is to establish rules, regulations, standards
and procedures designed to promote the integrated and logical development
of an area within the designated Block 104, Lot 18 on the Borough's
Official Tax Map.
[Ord. No. 2005:25]
[Ord. No. 2005:25]
[Ord. No. 2005:25]
a.
Site plan approval shall be required for all Townhome developments.
b.
The site plan review shall consider solid waste management, lighting,
pedestrian and vehicular circulation, parking location and arrangement,
building siting and arrangement, signs, landscaping and recreation
and open space.
c.
The common open space and recreation provided as part of any Townhome
development shall be owned and maintained in accordance with N.J.S.A.
40:55D-43. An applicant shall submit to the Board the master deed
or such other legal documents establishing said open space organization
providing for the use, enjoyment and responsibilities of all of the
owners of the units who would benefit from the common open space and
recreational facilities. Such master deed or other legal documents
shall be approved by the Planning Board Attorney.
d.
All facilities and utilities shall be built to Borough specifications.
[Ord. No. 2005:25]
The maximum density shall be 44 units per acre but shall not
exceed 38 units.
[Ord. No. 2005:25]
The Floor Area Ratio shall not exceed 1.60. This calculation
shall be made exclusive of the garage and parking structures.
[Ord. No. 2005:25; Ord. No. 2013:19; Ord.
No. 2014:13]
a.
Minimum lot area: .80 acres.
b.
Maximum height: four stories or fifty (50') feet, whichever is lesser.
c.
Minimum lot frontage along a county or municipal road: fifty (50')
feet.
d.
Minimum setbacks from roadways: twenty-five (25') feet from the right-of-way
line of any exterior public road; ten (10') feet from the centerline
of any private interior road; and twenty (20') feet from any perimeter
boundary.
e.
End wall to end-wall (no windows): twenty (20') feet.
f.
End wall to window wall: thirty (30') feet.
g.
Window wall to window wall: forty (40') feet.
h.
Maximum building coverage shall be 50%.
i.
Maximum impervious surface coverage shall be 95%.
j.
No accessory use or structure shall be closer than five (5') feet
from any property boundary.
k.
The land area for any townhome development shall not be less than
three-quarter (0.75) acres.
l.
Minimum interior road from curb to curb shall be not less than twenty-four
(24') feet wide.
m.
No accessory structure or building shall be more than fifteen (15')
feet in total height.
[Ord. No. 2005:25]
a.
No parking shall be permitted on any road or accessway within the
Townhome development.
b.
A minimum of 1.8 parking spaces and 2.0 parking spaces shall be provided
for one and two bedroom dwellings respectively as per New Jersey Residential
Site Improvement Standards (RSIS).
c.
All parking shall be confined to the area specifically designated
on the site plan for such purpose.
d.
Parking areas shall be paved and curbed and provided with an adequate
system of stormwater drainage.
e.
No parking area shall be constructed within a required front yard
setback area. Parking area may be constructed in the rear and side
yards but in no event closer than five (5') feet to any side or rear
lot line.
[Ord. No. 2005:25]
a.
Refuse and recyclable storage areas and receptacles shall be provided
for by means of a suitably located and screened enclosure.
b.
All utility wiring shall be underground. Utility connections for
each separate apartment shall be independently or jointly metered
as would be appropriate to the form of occupancy/ownership of the
apartments.
c.
All open space areas shall be attractively landscaped. The landscape
plan shall be subject to approval by the Planning Board.
d.
Sidewalks or other suitable means of pedestrian circulation shall
be provided throughout the development along all streets and between
buildings and any sidewalks within the public right-of-way.
[Ord. No. 2005:25]
a.
A minimum of 0.05 acre of active or passive recreation space shall
be provided for each one (1.0) acre of gross site area.
b.
Buffer areas, wetlands and conservation easements shall be eligible
as open space as required by this section.
c.
Active recreation space shall be improved with facilities, buildings
and structures for indoor and outdoor recreational activities consistent
with the residential character of the development and the lifestyle
needs of the residents herein.
d.
All active open space shall be connected to residential areas with
walkways or other reasonable means of access.
[Ord. No. 2005:25]
All public streets, internal roadways and private driveways
shall be in accordance with the requirements of the New Jersey Residential
Site Improvement Standards.
[Ord. No. 2005:25]
Any development in the Townhome District shall be subject to
all applicable ordinances of the Borough of New Milford. Where there
is any conflict between the provisions of this section and the provisions
of the Site Plan Ordinance and/or the Land Subdivision Ordinance,
the provision of this section shall prevail.
[Ord. No. 2005:25]
Any development in the Townhome District shall be subject to
New Milford's Housing Element and Fair Share Plan adopted September
of 2005 as per COAH's Third Round Rules and Regulations.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 77:1,
79:11, 91:16, 92:10, 2009:02.
[Ord. No. 2016:05; Ord. No. 2018:13]
a.
Permitted principal Uses:
1.
Retail stores.
2.
Personal services.
3.
Offices.
4.
Medical offices.
5.
Banks.
6.
Health clubs.
7.
Restaurants, excluding drive-through restaurants.
8.
Laundry and dry cleaning, including self-service but not commercial
laundries.
9.
Shopping centers.
10.
Commercial schools.
11.
Dwellings.
(a)
Lots less than one acre in area. Dwellings shall only be permitted
above the first floor, and shall only be permitted in a building containing
one or more permitted nonresidential uses on the first floor. Permitted
dwelling types are limited to studio, one-bedroom and two-bedroom
units, except that three-bedroom units shall only be permitted if
required for compliance with State affordable housing regulations.
(b)
Lots one acre in area or larger. Dwellings may be permitted
in a building containing one or more permitted nonresidential uses
on the first floor or a residential only building. Permitted dwelling
types are limited to studio, one-bedroom and two-bedroom units, except
that three-bedroom units shall be permitted as required for compliance
with State affordable housing regulations.
12.
Governmental buildings and uses.
b.
Permitted Conditional Uses:
[Ord. No. 2016:05]
[Ord. No. 2016:05; Ord. No. 2018:13]
a.
On lots one acre in area or larger, the maximum residential density
shall be 14 dwelling units per acre when low- and moderate-income
dwelling units are provided in accordance with this subsection. The
minimum affordable housing set-aside shall be 20 percent of the dwelling
units in the development, except that the minimum setaside shall be
15 percent where affordable rental units are provided. A minimum of
13 percent of the affordable units shall be affordable to households
earning 30 percent or less of the area median income for the Council
on Affordable Housing region.
b.
Affordable dwelling units shall comply with the applicable rules
of the Council on Affordable Housing and any other relevant state
regulations.
c.
All other affordable housing requirements of the Borough of New Milford,
including development fees and inclusionary zoning requirements, shall
apply to development in the Business zone.
[Ord. No. 2016:05]
Outdoor cafes shall comply with the following standards:
a.
Adequate access for emergency response personnel must be allowed
to the main entrance of the serving establishment from the outdoor
serving area.
b.
A clear area with a minimum width of four (4') feet shall be maintained
for passage of pedestrians on any public sidewalk or right-of-way.
c.
A form of formal space delineation, such as a removable fence, shall
be provided during cafe business hours to define sidewalk space from
cafe space. Where outdoor dining is proposed to be located directly
adjacent to parking spaces which provide for head-on parking or parking
angled towards the proposed outdoor dining area, protective bollards
or barriers shall be required.
d.
Outdoor or patio type furniture must be utilized.
e.
Signage beyond that permitted for the serving establishment is prohibited.
f.
Outdoor cafes shall not remain open after 10:00 p.m.
[Ord. No. 2016:05]
a.
Minimum lot area: 10,000 square feet.
b.
Minimum lot width: 100 feet.
c.
Minimum Setbacks:
1.
Front yard: 25 feet, except that the minimum front setback for a
canopy above a fueling area shall be 10 feet.
2.
Side yard: 10 feet, except when adjacent to a residential use or
zone, such setbacks shall be increased to 20 feet.
3.
Rear yard: 10 feet.
4.
Pump islands: 15 feet, except when adjacent to a residential use
or zone, such setbacks shall be increased to 25 feet.
5.
A five foot deep landscaped area shall be provided between curb cuts
and along all property lines, and shall be increased to 10 feet adjacent
to a residential zone or use. All unpaved areas shall be landscaped
with grass lawns, trees and shrubs or other vegetation.
d.
Maximum height of building or canopy: 25 feet.
e.
A freestanding convenience store with a maximum gross floor area
of 2,000 square feet shall be permitted as an accessory use to a fueling
station.
f.
Portable signs shall be prohibited.
g.
Repairing and servicing of vehicles shall be prohibited.
h.
A maximum of two driveways may be permitted, except for a corner
lot one additional driveway may be permitted on the side street.
i.
Motor vehicle fueling stations shall only be permitted on properties
with frontage on River Road, and shall not be permitted within 250
feet from the boundary line of property which is used as, or upon
which is erected, a public or private school, playground, place of
worship, hospital, public building or place of public assembly, firehouse
or fire station.
[Ord. No. 2016:05]
a.
Minimum lot area: 10,000 square feet.
b.
Minimum lot width: 100 feet.
c.
Minimum Setbacks:
1.
Front yard: 25 feet, except that the minimum front setback for a
canopy above a fueling area shall be 10 feet.
2.
Side yard: 10 feet, except when adjacent to a residential use or
zone, such setbacks shall be increased to 20 feet.
3.
Rear yard: 10 feet.
4.
Pump islands: 15 feet, except when adjacent to a residential use
or zone, such setbacks shall be increased to 25 feet.
5.
A five foot deep landscaped area shall be provided between curb cuts
and along all property lines, and shall be increased to 10 feet adjacent
to a residential zone or use. All unpaved areas shall be landscaped
with grass lawns, trees and shrubs or other vegetation.
d.
Maximum height of building or canopy: 25 feet.
e.
Portable signs, outdoor servicing and outdoor storage of tires, automobile
parts and accessories shall be prohibited. Any repairs of motor vehicles
shall be performed in a fully enclosed building. No parts or partially
dismantled motor vehicles may be stored out of doors.
f.
A maximum of two driveways may be permitted, except for a corner
lot one additional driveway may be permitted on the side street.
g.
Motor vehicle service stations shall only be permitted on properties
with frontage on River Road, and shall not be permitted within 250
feet from the boundary line of property which is used as, or upon
which is erected, a public or private school, playground, place of
worship, hospital, public building or place of public assembly, firehouse
or fire station.
[Ord. No. 77:1; Ord. No. 78:3; Ord. No.
91:16 § XXXIX; Ord. No.
92:10 § I]
The following lands and premises known as Block 501 Lots 12,
13, 14, 15, 16; Block 912 Lots 1, 2, 3, 4, 5, 6; Block 913 Lot 11
be and the same are hereby located and included in the Light Industrial
Zone and subject to all the terms, conditions, restrictions, regulations
and requirements which apply to the Light Industrial Zone. The current
Zoning Map of the Borough of New Milford is amended accordingly.
[Ord. No. 77:11; Ord. No. 2016:05]
In the Light Industrial Park Zone, no building or premises shall
be used and no building shall be erected which is arranged, intended
or designed to be used for any purpose other than as follows:
a.
Permitted principal uses:
1.
Business, professional or governmental offices.
2.
Research laboratories.
3.
General, operational and service public utility offices and electrical
utility facilities, including switching stations and substations.
4.
Commercial recreation.
5.
Any use consisting of the manufacture, fabrication, assembling or
other handling of products, provided that:
(a)
Only oil Grade No. 5 or better, gas or electricity is used as
fuel.
(b)
No use shall disseminate dust, smoke, observable gas or fumes,
odor, noise, vibration, glare or radiations beyond the lot lines of
the lot on which such use is located.
(c)
No use shall constitute a fire, explosion or other physical
hazard.
(d)
No use shall cause a discharge of waste materials that would
be detrimental to the public health.
(e)
No use shall create traffic hazards or congestion incongruous
with the prevailing character of the neighborhood or conflict with
the normal traffic of the neighborhood by reason of the type of vehicles
required in connection therewith or by reason of the manner in which
traffic enters or leaves the site thereof.
b.
Customary accessory buildings and accessory uses.
[Ord. No. 77:11; Ord. No. 78:3; Ord. No.
91:16 § XL]
All uses listed in subsection 30-27.1 and subsections 30-25.2a1-24 and 30-25.2a26-27 are also expressly prohibited in the Light Industrial Park Zone.
[Ord. No. 77:11; Ord. No. 78:3]
All lots shall have an area of not less than 30,000 square feet
and a frontage at the front street property line of not less than
one hundred fifty (150') feet on an improved public street.
[Ord. No. 77:11; Ord. No. 78:3]
a.
Front Yard. All new buildings or alterations to existing buildings
shall be set back at least thirty (30') feet from the front street
property line and, in the case of a corner lot, set back at least
thirty (30') feet from the side street property line.
b.
Side Yards. All new buildings or alterations to existing buildings
shall be set back at least twenty-five (25') feet from the side property
line.
c.
Rear Yard. All new buildings or alterations to existing buildings
shall be set back at least twenty-five (25') feet from the rear property
line.
[Ord. No. 77:11; Ord. No. 78:3]
No new buildings or alterations to existing buildings shall
exceed a height of two stories or thirty-five (35') feet.
[Ord. No. 77:1; Ord. No. 78:3]
Not more than 40% of the lot area shall be occupied by principal
and accessory buildings. No building or structure shall be erected
on any of the lands hereinabove described that is within fifty (50')
feet of the encroachment line of the Hackensack River as established
by the Department of Environmental Protection of the State of New
Jersey.
[Ord. No. 77:1; Ord. No. 78:3]
In the Light Industrial Park Zone, no building shall be erected
within one hundred (100') feet of any residence district boundary
line.
[Ord. No. 77:1; Ord. No. 78:3]
Except as specified below, all operations shall be conducted
entirely within a building or buildings fully enclosed on all sides.
Not more than 1% of the entire area of the lot may be used for outdoor
storage, provided that no part of such area shall be located nearer
than one hundred fifty (150') feet to any front lot line and one hundred
(100') feet to any side or rear lot line, and provided further that
any such area shall be screened adequately to conceal entirely at
all seasons of the year any stored items from the view of adjoining
lots or streets.
[Ord. No. 77:1; Ord. No. 78:3]
All open spaces, other than parking and circulation areas, shall
be landscaped so as to prevent any use from hindering or discouraging
the development and use of adjacent land and buildings or impair the
value thereof, the details of which shall be set forth on a plan to
be approved by the Planning Board, and all landscaping shall be properly
maintained throughout the life of any use.
[Ord. No. 77:1; Ord. No. 78:3]
a.
Off-Street Parking. In the Light Industrial Park Zone, provision
shall be made for two parking spaces for each three employees. Where
shift work is employed, off-street parking shall be based on the largest
shift. All off-street parking areas shall be designed to meet the
following standards:
1.
All parking spaces shall be not less than nine (9') feet in width
and not less than twenty (20') feet in depth.
2.
All parking areas shall be designed with service aisles to meet the
following standards:
|
Angle of Parking
|
Aisle Width (feet)
|
|---|---|
|
Parallel to 30 degrees
|
12
|
|
31 to 45 degrees
|
14
|
|
46 to 60 degrees
|
18
|
|
61 to 90 degrees and access drives
|
24
|
3.
Only one-way traffic circulation shall be permitted in twelve (12'),
fourteen (14'), and eighteen (18') foot aisle widths.
4.
Access to any lot shall be had by means of driveways twenty-four
(24') feet wide, with not more than one such driveway permitted for
each one hundred fifty (150') feet or fraction thereof of lot frontage.
5.
The perimeter of all off-street parking and loading areas and all
access drives shall be enclosed by a concrete or Belgian block curb
at least six (6") inches above the paved surface.
6.
Off-street parking shall be set back at least five (5') feet from
any building, twenty (20') feet from the front or side street property
line, ten (10') feet from any side or rear property line and twenty-five
(25') feet from any residence district boundary line. Wherever such
off-street parking or off-street loading abuts a residence zone, it
shall be screened adequately to conceal it entirely at all seasons
of the year.
b.
Off-Street Loading. For all new buildings or additions to existing
buildings, provision shall be made for off-street loading space adequate
to serve the intended use. Such space shall be at least ten (10')
feet in width, twenty-five (25') feet in length and have a fourteen
(14') foot clearance above grade, except that where larger vehicles
are anticipated, the dimension shall be adequately increased. Off-street
loading shall be in other than the front yard or side street front
yard.
c.
Off-Street Parking for Recreational Facilities and Other Than Light
Industry. The number of required spaces shall be determined by the
Planning Board, which shall base its determination upon reasonable
need for parking likely to result from such particular use based upon
a study and the experience of the same use under similar circumstances.
All off-street parking areas shall be designed to meet the above standards
and shall not be less than the minimum parking facilities required
by this paragraph.
[Ord. No. 77:11; Ord. No. 91:16 § XLI]
a.
Permits and Operations. An application for any building permit or
certificate of occupancy in the light industrial park zone shall be
accompanied by an application for site plan approval. The applicant
for any use in the above district shall submit a complete site plan
application as currently being used by the Borough. The applicant
shall submit all plans of any proposed development or construction
for proposed alteration, change or enlargement of an existing structure
including a description of the proposed use and the proposed machinery,
operation and products as well as an affidavit by the applicant acknowledging
his/her understanding of the applicable performance standards and/or
required conditions and agreeing to conform to same at all times as
follows:
1.
If the Planning Board determines that, due to the nature of the intended use, there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards and/or required conditions and that the site plan should be reviewed for report by one or more expert consultants, the Planning Board shall request a deposit as described in the current fee schedule subsection 30-3.2 to be submitted, which will be used to defray the cost of the special reports required to process it. The Planning Board shall refer the application for investigation and report to one or more independent expert consultants selected by the Board as qualified to advise on conformance to the required performance standards and/or required conditions. A copy of the consultant's report shall be promptly furnished to the applicant.
2.
Any permit authorized and issued shall be conditioned on, among other things, the applicant's completed buildings and installations in operation conforming to the applicable performance standards and/or required conditions and the applicants paying fees as described in the current fee schedule subsection 30-3.2 if needed to cover the expert's above mentioned reports. All monies not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Board for advice shall be returned to the applicant at the time the Board renders its decision.
3.
The Code Enforcement Officer shall investigate any alleged violation
of the performance standards and/or required conditions at any time
subsequent to site plan approval and, if there are reasonable grounds
to believe that a violation exists, shall notify the Planning Board.
The Planning Board shall investigate the alleged violation and for
such investigation may employ qualified experts. If the experts find
that such a violation exists, the cost of the expert's service shall
be paid by the violator. If there was no violation, the borough shall
pay said costs.
b.
Performance Standards. Before the issuance of any building or occupancy
permit for any use in the Light Industrial Park Zone, all of the following
minimum standards must be complied with:
1.
Fire and Explosion Hazards. All such activities shall be carried
on only in structures which conform to the standards of the National
Board of Fire Underwriters or the Borough Building Code or Fire Ordinance,
whichever is more restrictive. All operations shall be carried on
and explosive raw materials, fuels, liquids and finished products
shall be stored in accordance with the standards of the Board of Fire
Underwriters. Where required, every building shall be equipped with
automatic sprinklers which conform to the standards of the National
Board of Fire Underwriters.
2.
Radioactivity. Any industrial activity which emits dangerous radioactivity
at any point is prohibited.
3.
Smoke, Fumes, Gases, Dust, Odors. There shall be no emission of any
smoke, fumes, gas, dust or odors. These and any other atmospheric
pollutants which are detectable to the human senses at the boundaries
of the lot occupied by such use are prohibited.
4.
Liquid or Solid Wastes. No operation shall discharge wastes of any
kind into any reservoir, pond, lake, underground stream or underground
water source. The discharge of untreated wastes into a stream is prohibited.
All methods of sewage and industrial waste treatment and disposal
shall be approved by Borough and New Jersey State Health Departments.
5.
Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate site on which such use
is conducted.
6.
Noise.
(a)
There shall be no noise emanating from the operation or use
measured from any point on the property line of the lot on which the
industrial operation is located which shall exceed the values given
in the following table in any octave band of frequency. The sound
pressure level shall be measured with sound level meters and/or analyzers
conforming to United States of America Standard Specification for
General-Purpose Sound Level Meters, S1.4-1961, or latest revision;
and United States of America Standard Specification for Octave, Half-Octave
and Third-Octave Band Filter Sets, S1. 11-1966, or latest revision,
published by the United States of America Standards Institute, New
York, New York.
|
Octave Band Center
Frequency in Cycles Per Second
|
Sound Pressure Level
Decibels re 0.0002 dyne/cm2
|
|---|---|
|
63
|
58
|
|
125
|
49
|
|
250
|
42
|
|
500
|
37
|
|
1,000
|
33
|
|
2,000
|
25
|
|
4,000
|
25
|
|
8,000
|
24
|
(b)
For objectionable noises due to intermittence, beat frequency
or hammering, or if the noise is not smooth and continuous, corrections
shall be made to the above table by subtracting five decibels from
each of the decibel levels given.
[1]
Editor's Note: Former Section 30-27, Industrial Zones containing
portions of Ordinance No. 77:1 was deleted in entirety by Ordinance
No. 2016:05.
[Ord. No. 2016:05]
[Ord. No. 77:11; Ord. No. 91:16 § XLIII; Ord. No. 2016:05; Ord.
No. 2018:15]
a.
In conjunction with any building hereafter erected or any use of
land hereafter established, there shall be provided on the same lot
therewith sufficient parking spaces to meet the minimum requirements
specified herein.
b.
No parking spaces presently existing in conjunction with an existing
building or use of land shall be eliminated, nor shall any parking
spaces hereafter established be eliminated, unless the remaining parking
spaces meet the minimum requirements specified herein.
c.
All parking spaces, except for one- and two-family dwellings, shall
be individually designated on the ground by means of pavement markings.
For purposes of this section, a parking space shall be deemed to be
an area nine (9') feet wide by twenty (20') feet long, exclusive of
access driveway and aisles, which area is accessible from a public
street and which is available for the parking of one passenger vehicle
throughout the hours in which any use to which it may be necessary
is in operation.
d.
Access to any lot other than one- and two-family dwellings shall
be had by means of driveways twenty-four (24') feet wide, with not
more than one such driveway permitted for each two hundred (200')
feet or fraction thereof of street frontage, except that, where more
than one such driveway is provided for any lot, the width of such
driveway may be reduced to twelve (12') feet, and each such driveway
shall be used as a one-way entrance or exit. The entire street frontage
opposite any residential zone shall be landscaped so as to prevent
any use from hindering or discouraging the development and use of
adjacent land and buildings or the impairment of the value thereof,
and such landscaping shall be properly maintained throughout the life
of any use.
e.
Required Minimum Number of Parking Spaces For Various Uses.
1.
Dwelling: in accordance with the New Jersey Residential Site Improvement
Standards (N.J.A.C. 5:21), except that 1.5 spaces per unit shall be
provided for dwellings above nonresidential uses in the Business zone.
2.
Dwelling including professional office: two parking spaces per dwelling
unit plus one parking space for each 50 square feet of floor area
within such office space.
3.
School: one parking space per employee plus computation based on
the gross area of largest assembly or most intense use such as an
auditorium, all purpose room or in some instances a gymnasium. The
following formula shall be used.
4.
Church, auditorium, library, museum, art gallery, club, theater or
similar place of public assembly: one space for every five seats or
one space for every 50 square feet of gross floor area if without
seats.
5.
(Reserved)
6.
Restaurant or tavern: one parking space for every four seats. If
no seats are present, one space per 100 square feet of floor area.
7.
Other business, commercial, professional or governmental establishments,
in which operation the customer or client usually comes to the establishment:
one parking space for every 150 square feet of total area devoted
to such use.
8.
Manufacturing, assembling, processing, research, office use or other
establishments wherein the parking need is primarily created by employees:
one space for each two employees, based on peak shift of employment.
9.
Hospital: one parking space for every 300 square feet of sleeping
room area for patients, plus one space for each two employees and
staff members.
10.
Combination uses: the required parking shall be the sum of the requirements
for each individual use in the combination.
11.
Uses not included in the list above: the number of required parking
spaces shall be determined by the Planning Board, which shall base
its determination upon the reasonable need for parking likely to result
from such particular use based upon a study and the experience of
the same use under similar circumstances.
f.
Parking spaces required for other than a one- or two-family dwelling,
together with access aisles and drives, shall be paved with a minimum
of four (4") inch standard macadam-type pavement and shall be properly
drained. Illumination, if any, shall be so arranged as not to cause
undue glare upon any abutting street or adjoining residential zone.
g.
The following standards shall apply to all one- and two-family dwellings:
1.
Vehicle parking shall only be permitted on portions of a lot that
are paved, and shall not be permitted on lawns or landscaped areas.
If additional parking area is required, it must be paved to match
existing parking areas or driveways on the same property.
2.
Vehicle parking shall not be permitted in any front yard other than
in a paved driveway that traverses the front yard.
3.
The maximum area of a front yard covered by impervious surfaces shall
be 30 percent.
[Ord. No. 77:11]
Nothing herein contained shall prevent the projection of an
open fireproof fire escape or stairway into a side or rear yard for
a distance not to exceed eight (8') feet.
[Ord. No. 77:1]
Nothing herein contained shall restrict the height of a church
spire, belfry, clock tower, chimney flue, elevator, bulkhead, stage
tower, scenery lift or similar structure.
[Ord. No. 77:1]
No space applied or necessary under this chapter to satisfy
the yard requirements in relation to any building, whether now or
existing or subsequently built, shall be counted on as part of a yard
or other required open space in relation to any other building.
[Ord. No. 77:1]
a.
The boundaries are, unless otherwise indicated upon the Building
Zone Map, either street lines or lines drawn parallel to and one hundred
fifty (150') feet back from one or more of the street lines bounding
the block. Where two or more designations are shown within a block
three hundred (300') feet or less in width, the boundary of the more
restricted zone shall be deemed one hundred fifty (150') feet back
from the street line, and where two or more zone designations are
shown within a block more than three hundred (300') feet in width,
the boundary of the less restricted zone shall be deemed one hundred
fifty (150') feet back from the street line.
b.
A lot situated in the interior of a block and divided by the zone
boundary line into two different zones may, insofar as it is situated
at least one hundred fifty (150') feet from any street bounding the
block in which it is located, be used in accordance with the use regulations
of the less restricted zone into which it is divided.
[Ord. No. 77:1]
No room to be used for dwelling purposes shall have less opening
upon a court or other open space as required by this chapter than
15 square feet of window space for each 100 square feet of floor space.
See Section 30-29.
[Ord. No. 77:11; Ord. No. 91:16 § XLV]
a.
General.
1.
Any nonconforming use or structure existing at the time of the passage
of this chapter may be continued upon the lot or in the building so
occupied, and any such structure may be restored or repaired in the
event of partial destruction thereof.
2.
No nonconforming use shall, if once changed into a conforming use,
be changed back again into a nonconforming use.
3.
A nonconforming use shall not be enlarged, unless Board of Adjustment
approval is obtained, unless the use is changed to a conforming use;
provided, however, that where a building meets the use requirements
of this chapter and is nonconforming because of heights, area and/or
yard regulations, said use may be enlarged, upon receipt of the appropriate
Board approval provided that the height, area, volume or yard regulations
are not further violated. The cost of structural alterations made
in such building shall in no cases exceed 50% of its assessed value.
4.
No nonconforming use shall be extended so as to diminish the extent
of a conforming use.
5.
In a Residential Zone, no building or premises devoted to a use permitted
in a Business Zone shall be changed into a use excluded from a Business
Zone.
6.
In a Residential Zone or a Business Zone, no building or premises
devoted to a use permitted in an Industrial Zone shall be changed
into a use excluded from an Industrial Zone.
7.
In a Residential Business or Industrial Zone, no building or premises
devoted to a use excluded from an Industrial Zone shall be structurally
altered if its use shall have been changed since the time of the passage
of this chapter to another use also excluded from an Industrial Zone.
8.
In a Residential, Business or Industrial Zone, no building devoted
to a use excluded from an Industrial Zone shall have its use changed
to another which is excluded from an Industrial Zone if the building
shall have been structurally altered since the time of the passage
of this chapter.
b.
Completion of Existing Buildings. Nothing herein contained shall
require any change in the plan, construction or designed use of a
building for which a building permit has been heretofore issued or
plans for which are on file with the Code Enforcement Officer at the
time of the passage of this chapter and which entire building shall
have been completed according to such plans as filed within one year
from the date of the passage of this chapter.
[Ord. No. 77:1; Ord. No. 84:4 § 1; Ord. No. 88:12 §§ 1-2; Ord. No. 2002:10; Ord. No. 2004:24]
a.
Residential. In Residential Zones A, B, C, D and E, vehicles with commercial, omnibus, school bus or school vehicle license plates, and vehicles with passenger plates and displaying signs, shall not be parked at any time except in enclosed garages or as provided in Subsection a1 below.
[Amended 6-28-2021 by Ord. No. 2021:10]
1.
The tenant or owner of residential property may park one of the above
vehicles on the driveway of that property or in residential parking
lots providing that the vehicle complies with the following:
(a)
Vehicle does not exceed four tires.
(b)
Total vehicle height, and/or any vehicle with extensions, shall
not exceed seven and one-half (7 1/2') feet in height.
(c)
All open vehicles covered by this subsection shall be free of
debris between the hours of 6:00 p.m. and 6:00 a.m. the following
day, Monday through Friday, and at all times on Saturday, Sunday and
State and Federal legal holidays.
b.
This restriction shall not apply to vehicles with commercial plates
used by persons engaged in work or service within the building or
property line. Construction equipment may be parked on the premises
for only so long as necessary for the ongoing construction.
c.
Debris - Shall mean materials such as paper boxes, crates and materials
of a similar nature, and also included within this term are tin cans,
bottles, crockery, glassware, household sweepings, household receptacles
and utensils, lawn cuttings, hedge trimmings, leaves, brush, garden
rubbish, tree branches, discarded clothing, rags and any other household
wastes, and other refuse and rubbish of whatsoever kind or description,
including used building materials, fixtures and sweeping from construction
or destruction.
d.
In areas set forth in Subsection a of this subsection, not more than one trailered boat, 18 feet in length or smaller, shall be parked at any time (except when garaged). Boats shall be parked on a gravel or paved surface and cannot be parked in the front yard, with the exception of the driveway.
[Amended 6-28-2021 by Ord. No. 2021:10]
e.
Violations and Penalties. Any person convicted of a violation of
a provision of this subsection or any supplement thereto shall be
liable to a penalty of $67 for each day of occurrence.
[Ord. No. 77:1]
a.
Certain uses which are now or may be established within the Borough,
by their nature, require the imposition of special conditions to assure
that they may be established or enlarged within the purposes and intent
of this chapter.
b.
Accordingly, the following conditional uses are permitted in the
zones designated pursuant to Section 54, Chapter 291, Laws of New
Jersey 1975. Before a building permit is issued, however, the Planning
Board shall ascertain that such proposed conditional uses can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning regulations
that all special conditions as hereinafter set forth have been met
and that all other terms and conditions of this chapter and all applicable
Borough ordinances have been met.
c.
The Planning Board shall grant or deny an application for a conditional
use within 95 days of submission of a complete application by the
developer to the Planning Board or within such further time as may
be consented to by the applicant.
d.
The review by the Planning Board of a conditional use shall include the required site plan review pursuant to Article III of this chapter. The time period for action by the Planning Board on conditional uses pursuant to this subsection shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval herein required and shall be so accepted by the Code Enforcement Officer for the purposes of issuing a building permit.
e.
Whenever review or approval of the application by the Bergen County
Planning Board is required by N.J.S.A. 40:27-6.6, the Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the Bergen County Planning
Board or approval by the Bergen County Planning Board by its failure
to report thereon within the required time period.
[Ord. No 77:1]
The Planning Board may authorize, at its discretion, the issuance
of a conditional use permit for any of the following buildings or
uses in Residential A, B or C Zones: a bus passenger station: and
a telephone exchange or other public utility building or structure
except a storage yard, a garage or a workshop. Such permits may be
issued, however, only upon satisfaction in each instance of such conditions
as to general character, height and use of the structure, the provision
of surrounding open space and treatment of the grounds and as to street
capacity and use, as in the opinion of the Planning Board may be necessary
to safeguard public health and comfort and convenience, and as may
be required for preservation of the general character of the neighborhood
in which such building or structure is to be placed or such use is
to be conducted.
[Ord. No. 77:1; deleted
by Ord. No. 2016:05]
[1]
Editor's Note: Former subsection 30-28.12 Garages and Service
Stations was deleted in its entirety by Ordinance No. 2016:05.
[Ord. No. 84:13 § 1]
a.
Licensing and Site Plan requirements.
1.
Where there are five or less amusement game machines or other amusement machines in one place, location or premises and where such does not constitute the principal use of a building, these are permitted subject only to the licensing requirements of Section 4-4.
3.
The Planning Board shall consider the following factors in granting
the application for a conditional use.
(a)
Sufficient space for such machines has been provided to prevent
overcrowding of users or interference with other pedestrian traffic
in the building or on the premises.
(b)
That aisle space between machines is satisfactory for emergency
exit of the room or rooms housing such amusement machine complex.
(c)
The parking facilities required by this chapter for such amusement
machine complex can be adequately provided.
(d)
That such complex is adequately separated from public and parochial
schools, school playgrounds, religious buildings and municipal parks
and playgrounds.
4.
An applicant shall submit a site plan and an amusement machine complex
room layout in sufficient detail to allow the Planning Board to consider
the above factors.
b.
Location and Layout Requirements.
1.
A building within which an amusement machine complex is the principal
use or that portion of any building used as an amusement machine complex
shall be located at least four hundred (400') feet from the front
entrance of any premises used as a public, parochial or private elementary,
middle, junior high, high school, college or university, school playground
or premises upon which is located a place of worship.
2.
A building within which an amusement machine complex is the principal
use or that portion of any building used as an amusement complex shall
be located at least eight hundred (800') feet from another building
or portion of a building used as an amusement machine complex.
3.
Unless the amusement machine complex is the only principal use of
a building, it shall be located in a separate room, separated from
other uses on the premises and from pedestrian circulation to and
from such other uses. Such room or principal building housing an amusement
machine complex shall be arranged so that there is a management attendant
within the building or room or such that management attendants outside
of the room can easily see and supervise the interior of such room.
4.
Adequate space shall be provided to reach a machine so as to allow
its use without overcrowding.
(a)
A minimum width of six (6") inches shall be provided between
each machine.
(b)
The depth of the space in front of the machine shall be at least
three and one-half (3 1/2') feet, and there shall be a minimum
aisle width in addition to this three and one-half (3 1/2') feet
of an additional one (1') foot.
(c)
The provisions of the Uniform Construction Code shall be complied
with.
5.
Off-street parking in addition to that otherwise required for the
uses on the premises shall be provided in the amount of one space
for every 150 square feet of usable space for the amusement machine
complex in such building or portion of a building used as an amusement
machine complex, whichever is greater.
6.
Readily visible signs shall be installed, with their location, size and text shown on the plans submitted to the Planning Board indicating that persons under the age as specified in the licensing regulations in subsection 4-4.10 shall not be permitted to play such amusement game machine or amusement machine.
7.
A building or portion thereof used as an amusement machine complex shall comply with the requirements for a nonresidential building in a business zone, as set forth in Section 30-25.
8.
No noise shall emanate beyond the boundaries of such building or
room containing an amusement machine complex.
9.
A building or portion thereof used as an amusement machine complex
must have a window to provide a clear unobstructed view of video complex
from outside the complex.
c.
Amusement machine complex shall be a conditional use in the business
zones in the Borough of New Milford.
d.
The license fee for an application for an amusement machine complex
shall be $100 per machine, up to 10 machines and if there are more
than 10 machines, the fee shall be $1,500 for the entire complex.
[Ord. No. 97:04 §§ 2—8]
a.
Compliance Required. Fences may be erected in the Borough providing
that the same shall be erected in accordance with the terms hereof.
b.
Height Restrictions. Fences may be erected in accordance with the
following height restrictions:
1.
Fences not to exceed three (3') feet in height may be erected between
the front property line and the building line.
2.
Fences not to exceed four (4') feet in height may be erected between
the front building line and the rear line of the building.
3.
Fences not to exceed six (6') feet in height may be erected from
the rear line of the building to the rear of the property line.
|
The provisions of this subsection, however, shall not apply
to public utilities or agencies subject to the board of public utilities.
|
c.
Fence Requirements.
1.
Fences must be constructed with the face or finished side away from
the property and the structural side toward the interior.
2.
Fences shall be erected as close to the ground as possible without
interfering with the flow of natural drainage and shall not cause
surface water to be blocked or damned to create ponding.
4.
The following fences and fencing material are specifically prohibited
at any location on the lot upon which a dwelling or structure is situated
except during construction on such property: barbed wire fences; short
pointed fences; canvas; cloth; electrically charged fences; poultry
netting; temporary fences such as snow fences; expandable fences and
collapsible fences.
5.
Every fence or wall shall be maintained in a safe, sound and upright
condition and in accordance with the approved plan on file with the
construction code official.
6.
Fences constructed in the front of any residence or building shall
be no closer than ten (10') feet from the curbline or at the property
line whichever is greater.
7.
All fences or walls must be erected within the property lines, and
no fences shall be erected so as to encroach upon a public right-of-way
or to interfere with vehicular or pedestrian traffic or with visibility
on corner lots. This encroachment shall include footings for a proposed
fence.
8.
No fence shall be erected within ten (10') feet of any roadway and
within twenty-five (25') feet of the intersection of two roadways
in the Borough without first obtaining permission and approval therefrom
from the Borough Chief of Police, who shall grant approval only when
there is a reasonable assurance that the fence will not impair the
public's safety.
d.
Applications. Application for such fences shall be made in writing
to the Borough Code Enforcement Officer and shall set forth the following
information:
1.
Owner and address of premises where fence is to be erected;
2.
Sketch or plan of the fence;
3.
Description and specifications of the fence, including size, height,
dimensions, material and size and percentage of openings; and
4.
Sketch of the premises in question which shall show the streets abutting
and at the nearest intersection and shall approximately indicate the
location of structures within fifty (50') feet of the fence.
e.
Enforcement.
1.
If the Construction Subcode Official, upon inspection, determines
that any fence or wall or portion of any fence or wall is not being
maintained in a safe, sound and upright condition, he shall notify
the owner of such fence, in writing, of his findings and state briefly
the reasons for such findings and order such fence or wall or portion
of fence or wall repaired or removed within 10 days of the date of
the written notice. Each day that the person fails to obey the order
referred to above shall constitute a separate violation of this section.
f.
Appeals. All appeals of the Code Enforcement Officer with regard
to the approval or denial of an application pursuant to this section
shall be made to the Zoning Board of Adjustment.
g.
Existing Fences. Fences which pre-exist the date of adoption of this
subsection are deemed to be pre-existing nonconforming fences. Expansion
of an existing fence or construction of a new fence shall comply with
the provisions of this subsection.
h.
Violations and Penalties. Any person, firm or corporation violating
any of the provisions of this section, or neglecting or refusing to
comply with any of the terms or conditions hereof, shall, upon conviction
thereof, be liable to the penalty. Each and every non-conformance
with this section or each day any such provision of this section shall
have been violated, shall be construed as a separate and distinct
violation thereof.
[Ord. No. 2005:26; Ord. No. 2018:15]
a.
The ordinary projection of parapets, windowsills, doorposts, rainwater
leaders and similar ornamental or structural fixtures may project
a maximum distance of eight (8") inches into required yard setback.
b.
Cornices, canopies, eaves, bay windows, balconies, chimneys or flues,
and necessary landings and other similar architectural features may
project a maximum distance of two (2') feet into required yard setbacks.
Front steps may project a maximum distance of four (4') feet into
a required yard setback.
c.
Patios and Decks. Patios may be located in any required rear or side
yard setback. Decks must meet the yard requirements of the principal
building to which it is attached.
d.
Fences and walls may project into any required yard setback, subject to subsection 30-28.14, where applicable.
e.
An unenclosed small porch, or covered platform, may project a maximum
distance of four feet into a required front yard setback. The maximum
width of the porch or platform shall be 20 percent of the width of
the front façade, but not less than six (6') feet.
[Ord. No. 2009:09]
No tent or other temporary structure as defined in the International
Building Code 2000 (IBC), New Jersey Edition, Section 3103, shall
be used as a garage, carport, accessory building for storage, or for
any similar purpose, whatsoever.
Nothing in this subsection shall be construed to prohibit the
erection of a tent, membrane structure, gazebo, etc. covering a maximum
area of 144 square feet per lot for seasonal residential use between
May 1st and November 1st of any calendar year so long as said temporary
structure, tent or gazebo complies with all side and rear yard setback
requirements. Such structures cannot be placed in the front yard for
any reason. Such structures cannot have a permanent anchoring system
or foundation, nor be used for storage of solvents, fertilizers, gases
or other chemical or flammable materials.
A tent or temporary structure for other purposes than above,
may be erected for a period not exceeding 30 cumulative days during
one calendar year, provided, however, that nothing herein shall prevent
the use of a removable canvas or cloth cover that is designed to be
placed for protection directly upon a private vehicle.
In no case shall any temporary tent or similar accessory building
exceed a gross floor area of 600 square feet unless a permit is issued
for a larger tent by the Borough Council.
[Ord. No. 2016:17]
Solar panels shall be permitted as a rooftop installation in
any zoning district. A roof-mounted system may be mounted on a principal
building in accordance with applicable Borough Ordinance and fire
prevention requirements.
[Ord. No. 2018:15]
a.
Uses Other Than One- and Two-Family Homes. In connection with every
site plan application, the applicant shall submit plans for all proposed
exterior lighting. These plans shall include the location, type of
lighting fixture (luminair), geometry of light (photometric diagram)
and intensity in foot candles (photometric performance data). In addition,
the following design standards shall be followed:
1.
The style of the lighting fixture, mounting and hardware shall be
consistent with the architectural style of the principal building.
Subject to review and approval by the municipal agency.
2.
The maximum height of freestanding lights shall be no greater than
the principal building, but in any case shall not exceed 20' feet.
3.
Outdoor lighting fixtures used to illuminate architectural and landscape
features shall use a narrow cone of light for the purpose of confining
the light to the object.
4.
All lighting fixtures must have zero uplight (no light beyond nadir)
and qualify as a Nighttime Friendly™ product or be consistent with the LEED® and Green Globes ™ criteria for
eliminating wasteful uplight and protecting the night sky. Spotlight-type
fixtures attached to buildings are not permitted.
5.
Where lighting along a property lines will be visible from adjacent
residential uses, the lights shall be shielded and light shall not
exceed beyond the boundary of the property it serves.
6.
Lighting should be located along streets, parking areas, at intersections
and where various types of circulation systems merge, intersect or
split.
7.
Pathways, sidewalks and trails should be illuminated where feasible
but are not required to be illuminated.
8.
Stairways and sloping or rising paths and building entrances and
exits require illumination.
9.
Lighting should be provided where buildings are set back or offset.
10.
Lighting shall not be permitted which requires flashing, intermittent
illumination or simulates the effect of motion.
11.
Uplighting for principal structure façade shall be permitted
but shall not spill on to adjacent structures or properties, and shall
be extinguished no later than 10:00 p.m.
12.
The following intensity in foot candles should be provided:
(c)
Maximum at property lines: 0.5 footcandle.
(d)
In residential areas: average of 0.6 footcandle.
(e)
Where none of the prescriptive illumination levels meets the
requirements of the intended use, it is recommended that the IESNA
Lighting Handbook or a particular IESNA Recommended Practice (RP)
or IESNA Design Guide (DG) standard be consulted and the referenced
section be provided with the lighting plan of record for consideration
by the municipal agency.
b.
One- and Two-Family Homes. The following standards shall apply to
all one- and two-family homes:
1.
The style of the lighting fixture, mounting and hardware shall be
consistent with the architectural style of the principal building.
Subject to review and approval by the municipal agency.
2.
High mast lighting is not permitted.
3.
Free standing lighting shall not exceed 8' feet above grade.
4.
Outdoor lighting fixtures used to illuminate architectural and landscape
features shall use a narrow cone of light for the purpose of confining
the light to the object.
5.
All lighting fixtures must have zero uplight (no light beyond nadir)
and qualify as a Nighttime Friendly™ product or be consistent with the LEED® and Green Globes ™ criteria for
eliminating wasteful uplight and protecting the night sky. Spotlight-type
fixtures attached to buildings are not permitted.
6.
Where lighting along a property lines will be visible from adjacent
residential uses, the lights shall be shielded and light shall not
exceed beyond the boundary of the property it serves.
7.
Lighting shall not be permitted which requires flashing, intermittent
illumination or simulates the effect of motion.
8.
Uplighting for home façade shall be permitted but shall be
shielded, shall not exceed beyond the boundary of the property, shall
not spill on to adjacent structures, and shall be extinguished no
later than 12:00 midnight.
[Added 11-29-2021 by Ord.
No. 2021:20]
a.
Purpose. The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2 indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. Make-ready includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a plug-and-play basis. "Make-ready" is synonymous with the term "charger
ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
c.
Approvals and permits.
1.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
3.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Borough Zoning Officer and Borough Construction Official shall
enforce all signage and installation requirements described in this
subsection. Failure to meet the requirements in this subsection shall
be subject to the same enforcement and penalty provisions as other
violations of Borough of New Milford's land use regulations.
5.
An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to Subsection c5 above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for new installation of EVSE and make-ready parking
spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection d1 above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
e.
Minimum parking requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 8 of the Revised General Ordinances of the Borough of New Milford entitled "Parking and Parking Lots."
2.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
f.
Reasonable standards for all new EVSE and make-ready parking spaces.
1.
Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this municipal code. Signage indicating the penalties for violations shall comply with Subsection f5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection f5 below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with ordinances and regulations.
(c)
Adequate EVSE protection, such as concrete-filled steel bollards,
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection f4(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Borough of New Milford shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
5.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs, including parking restrictions, shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection f5(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage fees.
(a)
For publicly accessible municipal EVSE. In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be $0 per kWh.
(b)
This fee may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE. Nothing in this subsection shall be deemed to
preclude a private owner/designee of an EVSE from collecting a fee
for the use of the EVSE, in accordance with applicable state and federal
regulations. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 91:16.
[Ord. No. 2001:14; Ord. No. 2010:15]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the surface area computed by drawing a rectangle
touching the outermost edges of letters comprising the sign, or the
area established by reason of distinctive variation in background
color, by borders or by some other equivalent manner, whichever is
greater.
Shall mean any canopy or covering, consisting of a rigid
frame and canvas or vinyl material covering, which shelters the entrance
or window area of a commercial building from the elements.
Shall mean a sign that directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
Shall mean the area from grade level to the top of the highest
point of the structure and extending the full width of the structure
facing the frontage of the building.
Shall mean any sign, other than a pole sign, in which the
entire bottom is in line with or is close to the ground and is independent
of any other structure.
Shall mean any sign whereby the sign or a portion thereof
is not fixed as a whole or in part moves from its fixed position.
This definition shall not preclude a sign from incorporating a clock
or temperature reading indicator.
Shall mean a sign that is not permanently affixed to a building,
structure or the ground (i.e. sandwich board sign).
Shall mean any inscription written, printed, painted or otherwise
placed on a board, plate, banner or exterior wall, window or awning
or upon any material object or any device whatsoever, which by reason
of its form, color, wording, activity or technique, or otherwise,
attracts attention to itself whether it be used as means of identification,
advertisement or announcement. A sign shall also include a description,
display or illustration which is affixed to any building, structure
or part thereof or any piece of land which displays or includes any
letter, word, banner, model, flag, pennant, insignia, device or representation
used as, or which is in the nature of, an announcement, direction
or advertisement. For the purpose of this section, the word "sign"
does not include the flag, pennant or insignia of any nation, group
of nations, states, cities, or other governmental unit; or the number
and name of the street upon which the building is located. This term
shall apply only to such signs as are visible and intelligible to
persons located outside the building.
Shall mean signs of a size, number and composition described
in this section displaying the message "for sale," "for rent," "for
lease," "open house" or other message intended to attract attention
to real property. As used in this Article, "open house" shall mean
"real estate open house."
Shall mean signs of a size, number and composition described
in this section intended to direct traffic to real property that is
for sale, for rent at which an open house is being conducted.
Shall mean a sign located on the inside of a window, or a
sign being visible from the exterior, or a sign secured to the outside
face on a window.
[Ord. No. 2001:14; Ord. No. 2010:15; Ord.
No. 2012:18]
Except for those signs meeting the requirements of paragraphs a, c, e, f and g of subsection 30-29.3, no sign, awning or canopy shall be erected without a permit issued by the Construction Official, which permit shall only be issued for signs, awnings or canopies that comply with the following rules and regulations:
a.
No sign shall be erected or placed upon the roof of a building.
b.
A sign may be affixed to a parapet; provided, however, that no part
of the sign so affixed shall extend more than three (3') feet above
the roof deck of the building or from the base of the parapet.
c.
Where upon change of ownership a nonconforming sign exists on the
property, all applications for replacement and/or additional signs
shall be reviewed by and require approval of the Zoning Board of Adjustment.
A change of occupancy requires conformance to this section.
d.
A window sign that is permanent shall be calculated into the square
feet of allowable signage. Window signs shall not exceed 20% of total
area of the window, and no window sign shall be more than two (2')
feet in height. If there is more than one sign in any window, then
said signs shall be grouped together but shall not, as a group, cover
more than 20% of the square footage of said window. Any window sign
shall be located at either the top section of the window or the bottom
section of the window. No window sign or group of signs shall be permitted
above the first floor of any building unless the user of the space
occupies the area above the first floor only.
e.
No sign shall consist of more than four colors, inclusive of black
and white.
f.
If a sign, which is conforming, is destroyed it may be rebuilt or
repaired to its original condition by obtaining a permit. All existing
nonconforming signs are deemed to be permitted for current use at
the inception of this ordinance, (Ordinance No. 2012:18 was adopted
November 26, 2012), until one of the following occurs:
g.
No sign shall be illuminated by lighting of intermittent or varying
intensity nor by channel light. Lights shall not be arranged so that
they line the perimeter of any window in a commercial establishment.
h.
Signs may be illuminated but shall not be painted with or composed of neon, fluorescent, phosphorescent or similar material. The use of LED (Light Emitting Diode) lights for sign illumination or letting shall be permitted such that the origin of the light source is not visible in the sign's final display state (i.e. use of filter, lenses). No electronic signs shall be permitted that simulate the effect of motion. Any sign visible by the public advertising business shall conform to subsection 30-29.2d of this section.
i.
Illuminated signs shall have sources of reflective light shielded
in such a manner that the same is not visible from the street or adjoining
properties. Light from illuminated signs shall not exceed beyond your
property line.
j.
All illuminated signs used in connection with the operation of any
business shall be extinguished by 12:00 midnight or one hour after
closing, and shall remain extinguished until the business establishment
reopens.
k.
Permitted lighting for illuminated signs shall be limited to that
concentrated upon the face of the sign. All outdoor lighting shall
conform to the standards established for outdoor lighting under this
chapter. Flashing bulbs are not permitted.
l.
Signs in residential areas shall not exceed a maximum size of one
square foot per side and may be illuminated only between the hours
of 8:00 a.m. and 11:00 p.m. The maximum allowable combination of temporary
real estate signs and wayfinding directional signs that may be erected
on any one day by a permittee for a registered property is four. Temporary
real estate signs and wayfinding directional signs shall neither be
illuminated nor have any matter or structural hanging from, attached
or appended thereto.
m.
No billboards are permitted.
n.
Pennants or buntings are permitted, subject to obtaining a permit,
except only for openings of or re-openings of businesses for a period
of time not to exceed 30 days. No permanent pennants or buntings shall
be displayed upon public property. The United States flag, the State
flag, the County flag, the POW/MIA flag, and the municipal flag may
be displayed. In addition, flags of other states of the United States
and other sovereign nations may also be displayed. Multiple display
of any flag or flags in such a manner as to be reasonably considered
advertising shall not be permitted, with the exception of an opening
or reopening of a business, not to exceed 30 days.
o.
No signs shall be permitted which compete for attention with, or
may be mistaken for, a traffic signal.
p.
No wall sign shall extend more than eight (8") inches beyond the
face of a building or fascia to which it is attached and may not protrude
to obstruct pedestrian traffic.
q.
No permanent sign shall be permitted on a property unless it is related
to the occupancy of that property. It is the responsibility of the
owner to remove all signs which do not relate to an occupancy of the
property.
r.
Company logos may be permitted on a commercial sign, including temporary
real estate signs and wayfinding directional signs. The area of the
logo must be contained within the sign area limitations specified
in this section.
s.
No vehicle or mobile sign shall be used to circumvent the regulations.
t.
No revolving or moving sign shall be permitted.
u.
No permanent paper signs will be permitted.
v.
No temporary or permanent signs shall be permitted on any Borough-owned
property which shall advertise any alcoholic beverage.
w.
No sign of any type may be affixed to utility poles, traffic signs,
traffic sign boxes or poles, mail boxes, fire hydrants, fences, trees,
or any public fixtures, or placed along highways, street curblines,
or on highway dividers, islands or overpasses, or above streets or
highways or on any public property within ten (10') feet of any curbline.
x.
The display of a temporary real estate sign and/or wayfinding directional
sign complying with this section within any Borough right-of-way shall
require prior yearly payment of a fifty ($50.00) dollar fee and the
obtaining of a permit. Such permit shall be issued on a current calendar
year basis only, notwithstanding when during a year it is applied
for. In addition, prior to the placement of a temporary real estate
sign or wayfinding directional sign pursuant to such permit, the permittee
real estate broker or homeowner shall register the event.
[Ord. No. 2001:14; Ord. No. 2010-15]
The following signs shall be permitted in all zones of the Borough.
a.
A nonilluminated nameplate, with the name of the principal occupant
or the street number or name of a private dwelling, with an area of
not more than one square foot. The title or profession of the principal
occupant may also be on such sign.
b.
A single-faced sign or bulletin board for a church, school, library,
club or other public or quasi-public building or use, with an area
of not more than 18 square feet and a maximum length of six (6') feet.
Such signs shall not be lighted between the hours of 12:00 midnight
and 6:00 a.m.
c.
A nonilluminated job site sign giving the names of architects, engineers,
landscapers, general contractors, subcontractors, project title and
sponsor, owner or tenant, located on a lot during actual construction
or work on the premises for a period not to exceed 180 days. Only
one such location for a sign shall be permitted which shall be at
the principal entrance but at least ten (10') feet from the street
property line. The sign shall be removed within seven days after the
completion of the construction work. The total area of such sign shall
not exceed six square feet in area.
d.
One temporary sign, properly affixed, shall be permitted for a period
of no more than 30 days. Such temporary displays shall be permitted
for any business on no more than four occasions in any calendar year.
The total area of such sign on a lot shall not exceed 16 square feet.
e.
A nonilluminated temporary sign for advertising the immediate premises
for sale or lease which is located upon the premises may have an area
of not more than four square feet in surface area. Said sign shall
not remain for more than 180 consecutive days for commercial premises
and not more than 180 days for residential premises and must be set
back a minimum of ten (10') feet from the street property line.
f.
All temporary real estate signs and wayfinding directional signs
for which a permit is required shall have an area of not more than
four square feet in surface area.
1.
Once registered, such signs may be displayed only on the Saturday
and Sunday of an open house, between the hour of 11:00 a.m. and 6:00
p.m.
2.
Such signs shall not impede vehicular or pedestrian traffic in any
way and may be located (a) within the public right-of-way, but not
upon or within the travel portion of any street or sidewalk, within
a required sight triangle, or on any pole, tree, fire hydrant, traffic
or parking sign, public waste receptacle, bus shelter or other structure
located within the public right-of-way; or (b) or other property provided
there exists a written agreement signed by the owner.
3.
Such signs must be maintained in good condition and repair, be of
sound construction such as a metal "A" frame design, or secured to
the ground with metal stakes, the total height not to exceed thirty-six
(36") inches above the ground, and contain not more than two sign
faces.
4.
Every such sign shall identify, at a minimum, the real estate broker
or homeowner sponsoring the open house.
5.
The real estate broker or homeowner sponsoring an open house shall
be responsible for complying with the provisions of this section,
particularly the installation and removal of such signs within the
designated times provided for in paragraph 1, above.
6.
A permittee who will sponsor an open house shall file, before a permit
shall be issued, (a) a permit application form and fee with the Zoning
Official to obtain a permit; (b) a certificate of insurance with the
Zoning Official evidencing that liability insurance is in effect in
an amount of not less than one million ($1,000,000.00) dollars and
naming the Borough as an additional insured, issued by an insurance
company authorized to do business within the State of New Jersey;
and (c) with the Borough Clerk a signed indemnification and hold harmless
agreement, in a form acceptable to the Borough Attorney, agreeing
to indemnify and hold harmless the Borough, its officers, elected
officials, agents, employees and assigns, from any and all claims,
suits or causes of action for damages or injuries resulting from the
placement of such signs upon the public right-of-way.
g.
Portable signs, such as sandwich board signs, shall be permitted
under the following conditions: at commercial establishments in commercial
zones; shall have a maximum dimension of thirty by forty-eight (30"
x 48") inches on each face when folded; shall be professionally manufactured;
shall not be illuminated; shall not be located in the public right-of-way
nor be placed as to pose a danger to vehicles or pedestrians and must
be properly secured. Only one such sign shall be permitted per establishment.
All portable signs shall be removed at the end of the business day.
Portable signs shall be permitted at establishments without an existing
front yard only after application and approval from the Construction
Code Official.
h.
Wall signs for retail use shall be limited to one illuminated or
nonilluminated sign on the principal front facade of the building,
provided that where a retail use is located on a corner lot, it may
have a second sign on the wall facing the side street which second
sign shall not exceed 50% of that permitted on the principal front
facade. The front facade sign shall not exceed a size of 24 square
feet. The lettering on retail signs shall be limited to the principal
name of the company and its principal product of sale or occupation
and/or logo or address.
i.
In the event of multiple use of a retail building, one sign shall
be permitted for each such use on the first floor of the front facade.
The sign for each such retail use shall not exceed 24 square feet
or one and one-half (1.5) square feet of sign area for each linear
front foot of the building, whichever is less. Where a retail use
is located on a corner, such use may have a second sign on the wall
facing the side street, which second sign shall not exceed 50% of
that permitted on the principal front facade.
j.
Wall signs for office buildings, laboratories or nonretail commercial
uses shall have the same requirements as the signs for retail uses
covered under this section, with the exception that its lettering
shall be limited to the names of the occupants, a numerical sign indicating
the street address of the building and the name of the building. Also,
buildings exceeding 10,000 square feet can increase their sign size
to 5% of the area of the front facade or a size of 100 square feet,
whichever is less.
k.
Ground signs for office buildings, laboratories, nonretail commercial
or retail uses are permitted with the limitation of one double-faced
illuminated or nonilluminated sign allowed per building at a location
at least ten (10') feet back from the street property line and of
a size not to exceed 18 square feet on each side and/or nine (9')
feet in length. The top of the sign shall not exceed six (6') feet
above the average grade at the sign location. Multi-use buildings
will be permitted to list their occupants; however, no increase in
size from a single occupancy will be permitted.
l.
Directory signs are permitted. The total area shall not exceed eight
square feet. The directory sign shall not be included in computing
the footage of ground and/or facade signs.
m.
A double-faced or single-faced entrance/exit sign shall be permitted
for any building. The square foot area of the sign will not be deducted
from the allowed square footage for other permitted signs on the property.
Such signs shall be uniform in size, comply with the standards of
the "Uniform Manual of Traffic Control Devices" and shall as a minimum
meet the following requirements:
1.
Size. The size shall be one (1') foot in height; two (2') feet in
length; twelve (12") inches in depth.
2.
Lettering shall be limited to only the name of the principal occupant
and the word "Entrance" or "Exit."
3.
Illumination. The sign must be reflective surfaced or of illumination
which shall conform to the standards established for outdoor lighting
under this chapter.
4.
Height. The height of the sign from mean ground level shall not exceed
four (4') feet.
5.
Location. The sign shall be placed on the far side of the entrance
driveway relative to the direction of the traffic flow and shall be
located on the owner's property with no required setback from the
property line.
n.
Canopy and awning signs shall be permitted, provided that the proposed
canopy or awning is complementary in color, and proportionate in shape
and size, with the building to which it is affixed. The metal or rigid
frame portion of the canopy or awning shall be a minimum of eight
(8') feet in height from grade and not extend over public property.
The lettering on a canopy or awning shall be limited to the name,
address, logo and phone number of the occupant. The area of such lettering
shall be included in the total sign calculations. In the event a building
has more than one canopy or awning, all shall be uniform in color,
shape, and design.
[Ord. No. 2001:14]
a.
It is in the intention of this section to classify signs and awnings
as an accessory to the building. Thus, all signs and awnings shall
be designed to maintain and be consistent with the aesthetic design
of the structure and the character of the neighborhood, in addition
to identifying the structure and the services rendered therein.
b.
All sign and awning applications shall be submitted to the Construction
Official and shall depict on a drawing all the data necessary to evaluate
compliance with this section, including size, colors, method of illumination,
the materials of the sign, location, and a detailed drawing showing
the full facade of the building on which any proposed wall sign is
to be placed.
c.
A site plan bearing the seal of a New Jersey engineer or architect
must be submitted with each ground sign application indicating thereon
the location of the ground sign and setback measurements from the
street lines.
d.
All signs or awnings shall be properly maintained so as to be free
of any unsightly condition, unkempt appearance or safety hazard that
adversely affects the aesthetic quality of the surrounding neighborhood.
[Ord. No. 2001:14]
a.
A sign applicant or agent for a building occupied by a multiple-tenanted
building must apply to the Planning Board for a comprehensive sign
design review. The comprehensive sign design review is a vehicle to
encourage the imaginative integration of signage into the framework
of a new or existing building. Under this plan, the total area of
signs on a single- or multiple- tenanted building may, upon approval
of the Planning Board, be at variance to the maximum regulations set
forth in the sign ordinances. Upon completion, the necessary application
is to be filed with the Construction Official.
b.
In applying comprehensive sign design, the Planning Board shall consider,
but will not be limited to, such factors as:
c.
An application for a comprehensive sign design review must be filed
with the Construction Official and shall include:
1.
A scaled elevation drawing of the entire building facade(s);
2.
The proposed sign(s) clearly delineated on the elevation drawing,
plus detailed drawings, as deemed necessary by the Construction Official
and/or Planning Board, indicating color and style of lettering;
3.
An eight by ten (8" x 10") inch color photograph(s);
4.
An agency authorization of all tenants or occupants of a tenanted
building, stating their intention to participate in a comprehensive
sign design.
d.
The sign(s) must conform to this section in all other respects.
[Ord. No. 91:16 § XLVI]
The Construction Official, at his discretion, may refer any
application for a building permit to the approving authority for site
plan approval where, in the Construction Official's judgment, the
construction, reconstruction, alteration or changes of use will affect
motor vehicle and pedestrian circulation, drainage, water supply,
sewage disposal, landscaping, signs, lighting, off-street parking
or loading or any lack of any or all of these factors, environmental
factors, and other considerations as specified in this chapter.
[Ord. No. 2017:01]
The purpose of this district is for a mixture of residential,
commercial, and recreational uses.
These districts are primarily intended for the conduct of commerce,
general business and the sale of commodities, and all such uses shall
be permitted subject to the restrictions, if any, relating to that
business provided for herein.
[Ord. No. 2017:01]
The following lands and premises known and designated as Block
1309, Lot 1.02 and Block 501, Lots 9 and 10 as shown on the current
assessment map of the Borough of New Milford be and the same are located
and included in the MUPUD Zone and are subject to all the terms, conditions,
regulations, restrictions and requirements which apply to the MUPUD
Zone.
[Ord. No. 2017:01]
a.
The MUPUD Zone is divided in three areas as shown on the supplemental
zoning map. The designation of the areas on the map shall prevail
over the description of areas contained in this section, which is
for informational purposes only. The areas shall be designated as
follows:
b.
The following uses shall be permitted in the MUPUD Zone:
1.
Area A — Public recreation, including playing fields, grandstands,
concession stands, and public parking, restrooms, storage sheds and
any structure or use customary to playing fields.
2.
Area B — A bank, a supermarket (which may include, among other
things, an area of tables and seats where patrons may consume hot
and cold food purchased on site), and parking.
3.
Area C — Up to 135 multifamily housing units, which may in
the form of townhouses, garden apartments, or mid-rise multifamily
structures, and up to 12,500 square feet of floor area for the conduct
of commerce, general business and the sale of commodities and services
(including but not limited to supermarket and banking uses), and parking.
[Ord. No. 2017:01]
[Ord. No. 2017:01]
a.
Minimum Lot Area: 4.0 acres
b.
Minimum Lot Frontage: 200 feet
c.
Minimum Front Yard Setback: 50 feet
d.
Minimum Side Yard Setback: 30 feet
e.
Minimum Rear Yard Setback: 20 feet
f.
Maximum Building Coverage: 20%
g.
Maximum Impervious Coverage: 85%
h.
Maximum Building Height: 2 stories / 50 feet
i.
Parking: 1 space per 200 square feet of floor area
[Ord. No. 2017:01]
a.
Minimum Lot Area: 4.0 acres
b.
Minimum Lot Frontage: 200 feet
c.
Minimum Front Yard Setback: 50 feet
d.
Minimum Side Yard Setback: 20 feet
e.
Minimum Rear Yard Setback: 35 feet
f.
Maximum Building Coverage: 30%
g.
Maximum Impervious Coverage: 80%
h.
Maximum Building Height: 4 stories / 50 feet
i.
Maximum Gross Residential Density: 35 units/acre
j.
Maximum Number of Residential Units: 135 units
k.
Maximum Floor Area for Nonresidential Uses: 12,500 square feet, limited
to the first floor.
l.
Residential Parking: per RSIS
m.
Nonresidential Parking: 1 space per 200 square feet of floor area.
[Ord. No. 2017:01]
a.
Utilities. All telephone, electric transmission and service lines,
cable television and all other utility wiring whatsoever shall be
placed underground. Any satellite dishes shall be screened so as not
to be visible from the ground.
[Ord. No. 2017:01]
a.
The residential development in Area C shall include housing affordable
to low and moderate income households. Twenty percent of the units
must be reserved for, and affordable to, low or moderate income households.
Of these, at least half must be reserved for, and affordable to, low
income households. The developer may designate that the low and moderate
income units will be rental units. If the developer designates that
the low and moderate income units are rental units, at least 26 percent
of the low income units must be reserved for, and affordable to, very
low income households. Low and moderate income units designated as
rental units shall be maintained as rental units for a period of at
least 30 years.
b.
Low and moderate income housing units shall be governed by the standards
set forth in the Uniform Housing Affordability Controls, N.J.A.C.
5:89-26.1 et seq.
c.
Nonresidential development in the MUPUD Zone shall be exempt from
any municipal development fee or fee in lieu of construction of low
and moderate income housing.
d.
The construction of low and moderate income housing shall be phased
with the construction of market-priced housing, as follows:
|
Minimum Percentage of Low and Moderate Income Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
e.
For purposes of the schedule set forth in paragraph d above, a newly
constructed unit shall be considered complete when the certificate
of occupancy is issued.
[Ord. No. 2017:01]
In addition to any other signage permitted by ordinance, a pylon
sign shall be permitted in Area B facing Madison Avenue, which may
be 22 feet high and 14 feet wide, with a total signage area of no
more than 210 square feet.
[Ord. No. 2017:01]
a.
No development shall be permitted in the MUPUD Zone except pursuant
to a General Development Plan granted by the Planning Board. The General
Development Plan may include either Areas A and B, Area C, or Areas
A, B, and C.
b.
A general development plan shall include the following:
1.
A general land use plan at a scale specified by ordinance indicating
the tract area and general locations of the land uses to be included
in the planned development. The total number of dwelling units and
amount of nonresidential floor area to be provided and proposed land
area to be devoted to residential and nonresidential use shall be
set forth. In addition, the proposed types of nonresidential uses
to be included in the planned development shall be set forth, and
the land area to be occupied by each proposed use shall be estimated.
The density and intensity of use of the entire planned development
shall be set forth, and a residential density and a nonresidential
floor area ratio shall be provided;
2.
A circulation plan showing the general location and types of transportation
facilities, including facilities for pedestrian access.
3.
An open space plan showing the proposed land area and general location
of any land area to be set aside for conservation and recreational
purposes and a general description of improvements proposed to be
made thereon, including a plan for the operation and maintenance of
such recreational lands;
4.
A utility plan indicating the need for and showing the proposed location
of sewage and water lines, any drainage facilities necessitated by
the physical characteristics of the site, and proposed methods for
handling solid waste disposal;
5.
A storm water management plan setting forth the proposed method of
controlling and managing storm water on the site;
6.
A housing plan outlining the number of housing units to be provided
and the extent to which any housing obligation assigned to the municipality
pursuant to PL. 1985, c. 222 (C. 52:27D-301 et al.) will be fulfilled
by the development;
7.
A proposed timing schedule in the case of a planned development whose
construction is contemplated over a period of years, including any
terms or conditions which are intended to protect the interests of
the public and of the residents who occupy any section of the planned
development prior to the completion of the development in its entirety;
and
8.
A municipal development agreement, which shall mean a written agreement
between a municipality and a developer relating to the planned development.
[Ord. No. 77:1; New]
[Ord. No. 77:1; Ord. No. 91:16 § XLVII]
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter.
The Mayor and Council hereby declare that they would have passed this
chapter and each section and subsection thereof, irrespective of the
fact that any one or more of the sections, subsections, sentences,
clauses or phrases may be declared unconstitutional or invalid.
