Borough of North Caldwell, NJ Article III ZONING

§ 107-9 Zoning districts enumerated.

[Ord. No. 7-95; Ord. No. 1-01; Ord. No. 9-13; amended 8-13-2019 by Ord. No. O-10-19; 8-13-2019 by Ord. No. O-11-19; 7-21-2020 by Ord. No. O-8-20; 12-19-2023 by Ord. No. O-25-2023[1]]

For the purposes of this chapter, the Borough of North Caldwell is hereby divided into the following districts, known as:

R-1 Residence District

R-1E Residence District

RAD Redevelopment Area District

R-1V Residence District

R-2 Residence District

R-1 Residential Cluster District

R-2 Residential Combination Cluster District

R-3 Residential Cluster District

R-4 Residential Combination Cluster District

O Golf Course, Country Club and Open Space District

Office Office District

P.I.P. Planned Industrial Park District

BAO Bloomfield Avenue Overlay District

FRO Fairfield Road Overlay District

SIRO Senior Inclusionary Residential Overlay Zone

[1] Editor's Note: Ord. No. O-25-2023 replaced the IRO Inclusionary Residential Overlay Zone with the SIRO Senior Inclusionary Residential Overlay Zone.

§ 107-10 District boundaries.

[Ord. No. 1-01; Ord. No. 9-13; amended 12-19-2023 by Ord. No. O-25-2023]

In determining the boundaries of districts shown on the Zoning Map of the Borough of North Caldwell, dated February 2001, delineating the boundaries of the above districts, which map is incorporated herein and made a part hereof by reference, the following rules shall apply:

A. Zone boundary lines are established to follow the center lines of streets, electric transmission line rights-of-way, watercourses, existing lot or property lines or municipal boundary lines, all as shown on the Zoning Map.

B. Where a zone boundary line does not follow such a line and its position is determined by the Zoning Board of Adjustment, after hearing on notice, to be within 20 feet of a lot line existing at the time of passage of this chapter, then the lot line shall be considered the zone boundary.

C. In the event that the zone boundary is unclear, the exact location of the zone boundary line shall be decided by the Zoning Officer, whose decision may be appealed to the Zoning Board of Adjustment.

D. Where a zone boundary line divides one or more lots which are in single ownership at the time of the passage of this chapter, any authorized use in either district of such lot or lots may extend not more than 50 feet beyond the boundary line of the district in which the use is permitted. The use so extended shall be deemed conforming.

Note: The Zoning Map can be found on file in the Borough Offices.

E. Zoning Map Amendments:

(1) The Borough of North Caldwell Zoning Map last dated February 12, 2001 is hereby revised by removing the IRO Zone designation from Block 1600 Lot 1 and placing these parcels in the new SIRO Zone. The overlay zone is supplemental to the underlying C Golf Course, Country Club and Open Space Zone for Block 1600 Lot 1, which shall remain in effect.

[Added 12-19-2023 by Ord. No. O-25-2023]

§ 107-11 Conformity with zoning districts required.

No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zoning district in which such building or premises is located.

§ 107-12 Satellite earth station antennas and other fixed external antennas. (Ord. No. 11-86)

A. Purpose. The governing body of North Caldwell finds that the uncontrolled construction of satellite earth station antennas and other fixed external antennas in the Borough would be inimical to the health, safety and general welfare of the citizens of North Caldwell. It is the purpose of this chapter to establish standards for the construction and erection of satellite earth station antennas within North Caldwell in order to protect against injury to persons who may be attracted to such satellite earth station antennas, particularly children, and to prevent the depreciation of land values that could result from the indiscriminate placement of satellite earth station and other types of fixed external antennas. This chapter acknowledges the interest of the Federal Communications Commission in promoting amateur radio operations as expressed in FCC Order PRB-1 by imposing the minimum practicable regulation on amateur radio antennas necessary to accomplish the Borough's legitimate zoning purposes.

[Ord. No. 22-86]

B. No satellite earth station antenna exceeding 18 inches in diameter, including its mount, and no amateur radio or fixed external television antenna (hereinafter collectively referred to as "fixed external antennas") shall be built, erected or modified until a building permit is issued by the Construction Official. Any person, which shall include corporations, partnerships, associations or any other legal entity, applying for such a permit shall furnish to the Construction Official such plans, drawings and specifications as he may reasonably require as to the antenna to be constructed, erected or modified. It is the express intent of this section not to apply to satellite antennas of 18 inches in diameter or less, which antennas may be roof-mounted without application to the Construction Official and which are exempt from the regulations of this section.

[Ord. No. 8-95]

C. Fixed external antennas shall not be built upon any lot on which there is no principal building or structure, shall be located only in the rear yard, shall not exceed the height of the principal building or structure or 14 feet, whichever results in a lesser height, and shall be located at least 15 feet from any side or rear lot line. Antenna structures operated by holders of a Federal Communications Commission amateur radio license may exceed the aforesaid height limitations; provided, however, that the amateur radio antenna shall not exceed the height of 70 feet, and any person applying for a permit to build an amateur radio antenna in excess of 14 feet shall furnish to the Construction Official, in addition to such other information as may be required by Subsection B, a plot plan showing the proposed location of the antenna and the location of all structures on the applicant's property and neighboring properties within a radius equal to the proposed height of the antenna.

[Ord. No. 22-86]

D. All satellite earth station antennas shall be designed in conformance with the American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification of or successor to said standards, as well as any other construction or performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance to the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Construction Official shall be submitted to the Construction Official as a condition of the issuance of the building permit required by this section.

E. Every satellite earth station antenna shall be enclosed with a wooden or wire-mesh fence having a height of four feet in order to prevent unauthorized persons from gaining access to the antenna. The fence required hereby may be constructed on the perimeter of the property in accordance with § 107-32 governing fences, but the screening requirements set forth in this section shall remain in effect even if the fence constructed is at or near the perimeter of the property rather than in closer proximity to and surrounding the satellite earth station antenna and mount.

F. All satellite earth station antennas shall be reasonably screened to minimize the view of the antenna from public thoroughfares and the ground level of the adjacent properties. Screening may consist of trellis, latticework, decorative block, basket-weave fencing, open artistic block or other similar material at least four feet in height, as is approved by the Construction Official or may consist of approved plantings of at least four feet in height of such kind, proximity and density of growth as shall effectively screen the antenna and mount in all seasons of the year. All screening shall be maintained as originally approved. If the screening is not so maintained, any permit granted in connection with the satellite earth station antenna is subject to revocation by the Construction Official. All screening shall conform to all other Borough ordinances, including § 107-32.

§ 107-13 Location of building to be used as dwelling.

No building to be used as a dwelling shall be constructed, altered or moved in or to 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.

§ 107-14 Removal of trees.

A. No tree measuring six inches or more at a point four and one-half (4 1/2) feet above the ground shall be removed in any manner without complying with the Tree Removal Ordinance, Chapter 96 of the Code of the Borough of North Caldwell.

[Ord. No. 3-2008]

B. Removal of diseased and dead trees is not prohibited if said removal is in compliance with Chapter 96 of the Code of the Borough of North Caldwell, except that girding or poisoning of trees in order to avoid compliance with Chapter 96 shall constitute a violation of this chapter.

§ 107-15 Removal of topsoil.

No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or use off of the site on which it is stripped, excavated or removed, except in connection with the construction or alteration of a building from such premises and excavating or grading incident thereto. No fill or soil shall be removed from any site, unless in compliance with Chapter 54, Grading, Drainage and Erosion Control, of the Borough Code, without the prior written approval of the Borough Engineer.

§ 107-16 Retention of natural features.

Existing natural features, such as trees, brooks, rocks, drainage channels and views, shall be retained. Whenever such natural features interfere with the proposed use of such property, the maximum amount of such features consistent with the use of the property shall be retained. Any such removal or alteration of such natural features shall be explained by note on any plan, drawing or application submitted to the Borough of North Caldwell.

§ 107-17 Frontage on improved streets required for construction of principal buildings.

Every principal building shall be built upon a lot with frontage upon a dedicated public street improved to meet the Borough's requirements or for which such requirements have been ensured by the posting of a performance guaranty.

§ 107-18 Visual obstructions at intersections.

At the intersection of two or more streets, no hedge, shrub or wall or any obstruction to visibility shall be permitted unless in compliance with Chapter 88, Article III, Sight Distances at Intersections, of the Borough Code.

§ 107-19 Prohibited uses.

Any use not specifically permitted in a zoning district as established by this chapter is hereby expressly prohibited from that district, provided that the following uses and activities shall be specifically prohibited from any zoning district:

A. Junkyards, automobile wrecking or disassembly yards and assorting or baling of scrap metal, paper, rags or other scrap or waste material.

B. The keeping of pigs, sheep, goats, cattle, horses or other animals, except domestic cats or dogs, except within a lot containing over two acres and except within an enclosure distant at least 75 feet from each side and rear lot line and at least 100 feet from the street line and except for the use and consumption of the persons residing on said premises and not for sale. The keeping of chickens or other fowl is permitted only for the use and consumption of persons residing on the premises and not for sale, provided only that they are never allowed outside an enclosure, everywhere distant at least 15 feet from each side lot line and on corner lots also from the rear lot line. Horses for the use of the occupants of the premises may be kept, but only provided that manure shall be removed from the premises daily or be kept only within a covered enclosure or pit, all parts of which must be at least 75 feet from each lot line.

C. Trailers, mobile homes, trailer courts or trailer coaches.

D. Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar material.

E. The manufacturing of paints and varnishes.

F. Any use which emits excessive and objectionable dust, fumes, noise, odor, smoke, vibration, glare or waste products.

G. Dealerships or individuals regularly or habitually engaged in the sale of used automobiles or trucks.

H. Truck dealers, when not part of a permitted commercial or industrial or manufacturing use.

I. The use of animated, flashing, pulsing or twirling signs, banners or similar moving reflectors.

J. Foundries or steel fabricators.

K. The use of trucks, trailers or other type of vehicles for stage or advertising purposes.

L. Chemicals, drugs or allied trades. Any use as a chemical of any red label chemical shall be specifically prohibited for commercial or industrial purposes.

M. Any use of any buildings or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.

N. All classes of cannabis establishments or cannabis distributors or cannabis delivery services are prohibited 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. Cannabis does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P. L. 2009, c. 307 (C.24: 6I-1 et al.) and P.L. 2015, c. 158 C. 18A:40-12.22 et al.) and this provision shall not be construed to limit any privileges or rights of a qualifying patient, primary caregiver, physician, registered dispensary or other person acting in accordance with the New Jersey Compassionate Use Medical Cannabis Act.

[Ord. No. 1-2018; amended 7-20-2021 by Ord. No. O-17-2021]

§ 107-20 Parking and loading requirements.

A. Off-street parking in residential districts. Provisions shall be made for one usable off-street parking space which shall be no less than 20 feet in length and 10 feet in width for each residence in an R-1 and R-2 Residential District. This shall be in addition to any garage requirement as set forth in this chapter. The parking requirement for any cluster zone shall be as set forth in the section of this article governing cluster development.

B. Garages required for dwellings in certain districts. No building permit shall hereafter be granted for the erection of a new dwelling in the R-1 or R-2 Residence District and the R-1 or R-3 Residential Cluster Districts unless provisions have been made for the construction of a garage for not more than three motor vehicles nor less than two motor vehicles, connected by a driveway to the adjacent street, roadway or lane. No building hereafter constructed shall be constructed with any garage doorway facing the street, road or land facing the front of the dwelling, except in a Commercial, Industrial, R-2 Residence or Cluster District or except for good cause shown to the Municipal Agency. All garage requirements for cluster districts shall be as set forth in the provisions of this article concerning those districts.

C. General regulations. All off-street parking areas for uses other than single-family residences shall meet all of the following requirements:

(1) All off-street parking areas shall be surfaced with either a bituminous concrete pavement with a minimum four-inch crushed stone base and a two-inch wearing surface or a six-inch reinforced concrete pavement maintained in good condition and shall be so graded and drained as to dispose of all surface waters to the satisfaction of the Borough Engineer.

(2) All parking spaces within any parking area shall be clearly marked and maintained to show the parking arrangement within said parking area.

(3) All lighting for off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets, residential zones and residential buildings.

(4) All parking areas shall be effectively screened on any side which abuts or faces any premises situated in any residential zone by a fence, wall or hedge at least five feet in height, maintained in good condition, if required by the site plan approved by the Municipal Agency; provided, however, that such fence, wall or hedge requirement may be waived by the Municipal Agency if, because of topographical or other extraordinary or exceptional conditions, the same shall not be necessary to shield any abutting or facing premises situated in any residential zone.

(5) If any fence, wall or hedge shall have been required for any parking area under Subsection C(4) of this section, then the bottom of said fence, wall or hedge shall be at least five but not more than six inches in height above the paved surface adjacent to said fence, wall or hedge and shall be a sufficient distance therefrom to protect said fence, wall or hedge from the impact or motor vehicles. Utility poles or railroad ties shall not be used to meet required curbing or bumper guard requirements.

(6) The Municipal Agency shall have the authority to require a concrete curb, bumper guard or the equivalent at least five inches in height above the paved surface along and parallel to any landscaped areas as sufficient to protect the same from the impact of motor vehicles.

(7) All such parking areas shall be used only for the parking of automobiles. No commercial repair work or sales of any kind shall be conducted in any parking areas. No sign other than entrance, exit, identification and conditions of use signs shall be maintained in any parking area. No such sign shall be larger than four square feet in area. Nothing herein contained shall be construed to permit any required parking area to be used for the commercial storage of new or used motor vehicles by a new or used car dealer or motor vehicle rental agency.

(8) Each and every off-street parking area shall be subject to site plan approval as described in Article IV of this chapter. The Municipal Agency shall consider the effect of any parking area upon traffic safety and the abutting properties and shall ascertain that all requirements of this chapter are met.

(9) Off-street parking facilities shall be located as hereinafter specified in this article. Where a distance is specified, it shall be the distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. For all residential buildings, regardless of the district in which they may be located, and for all nonresidential buildings in residence zone districts, required parking shall be provided on the same lot with the building.

(10) For the purpose of this article, a "parking space" is a rectangular space 10 feet wide and 20 feet long, either outdoors or enclosed within a structure, and used as accommodation for off-street motor vehicle parking with an area of not less than 200 square feet per vehicle, exclusive of access drives or aisles; provided, however, that a longitudinal (end-to-end) parking space is a rectangular space 10 feet wide and 25 feet long with an area of not less than 250 square feet, exclusive of access drives or aisles. All parking spaces shall be provided with adequate means of ingress and egress which shall be kept open and unobstructed at all times and which shall be designed to provide surface driveways or aisles to meet the following minimum standards:

Angle of Parking	Width (feet)
Longitudinal (end-to-end) parking	12
30°	11
45°	13
60°	18
90°	24

D. Off-street parking in nonresidential districts. In all nonresidential zone districts, permitted residential uses shall be provided with two off-street parking spaces for each dwelling unit. For nonresidential uses in the nonresidential zone districts, off-street parking accommodations shall be furnished for all new buildings or additions to buildings as follows:

(1) In the Office District: one off-street parking space for every 180 square feet of floor area or any fraction thereof.

(2) In the P.I.P. District: one off-street parking space for every 250 square feet of floor area or any fraction thereof.

E. Location of parking area in Office and Planned Industrial Park District; buffer zone.

(1) The required off-street parking facility in all Office and P.I.P. Districts shall be in the rear of the front building line as now or hereafter established. Where any required off-street parking is provided by a garage or other covered space, the location of such garage or other covered space shall be in conformity with the zoning regulations relating to that zone and building area.

(2) All off-street parking facilities in Office and P.I.P. Districts shall be surrounded, wheresoever possible, by a buffer zone. The width and plantings to be included in any buffer zone shall be subject to the approval of the Planning Board, giving due consideration to the nature of the facility, its location and its relationship to the surrounding area.

F. Off-street loading space required in Office and Planned Industrial Park Districts. Every building or part thereof hereafter erected which is designed or intended to be occupied or used in any Office or P.I.P. District shall have on the premises with such building one off-street loading space. Such loading space shall be at least 12 feet in width and 40 feet in length and shall have a clearance of at least 14 feet above grade. Such loading space shall be located in any required side or rear yard and conform to § 107-20E(2) above.

§ 107-21 R-1 Residence District.

A. Permitted principal uses are as follows:

(1) Single-family detached dwellings used as a residence by not more than one family.

(2) A church or any place of worship, including the parish house and Sunday school building, being used exclusively for religious purposes and not for residential purposes.

(3) Public or parochial school, including playgrounds and accessory buildings, but not a private school operated for profit.

(4) Municipal buildings and facilities of the Borough of North Caldwell, including the installation thereon of private cellular telephone communication antennas, radio transmitting and receiving facilities, and associated equipment and improvements in connection with wireless communications.

[Ord. No. 11-02]

B. Accessory uses.

(1) Required accessory uses are as follows:

(a) Private garages intended for the shelter and storage of motor vehicles and providing off-street parking as required in § 107-20 of this article.

(2) Permitted accessory uses are as follows:

(a) A private swimming pool on any residence plot, provided that swimming pools containing more than 750 gallons of water shall comply with the following requirements:

[1] Application shall be filed with the Zoning Officer, showing the size and location of the pool and distance from all side and rear lot lines and from the dwelling on the lot, and installation or construction shall be subject to the approval of the Construction Official and Board of Health of the Borough of North Caldwell.

[2] The swimming pool shall be constructed in the rear yard, as that term is defined in the definition section of this Zoning and Land Use Chapter, and the area of the swimming pool shall not exceed 10% of said rear yard.

[3] The pool shall have adequate filtering, circulation, clarification and chlorination systems on the lot.

[4] The swimming pool shall be enclosed with a wooden or wire mesh fence, having a minimum height of four feet and a maximum height of five feet, preventing access to the pool, except when in use under the supervision of the resident of the premises or by his permission.

[Ord. No. 12-00]

[5] Said pool shall be constructed at least 20 feet from each side lot line and the rear lot line.

[6] Well water or water from the Borough water supply shall be permitted, provided that when restrictions shall be enacted against the use of water for any purpose other than normal domestic use, no water shall thereafter be used from the Borough water supply system, except in accordance with the regulations promulgated by the Borough.

[7] Adequate and suitable provisions shall be made for disposal of all wastewater in a manner approved by the Board of Health and Construction Official.

[8] Lights, if any, shall be restricted to such lights as shall not become a nuisance to adjoining property owners and shall be extinguished at 10:30 p.m.

(b) A private tennis court on any residential lot, provided that it shall comply with the following requirements:

[1] Said tennis court, including the fence built around it, shall be constructed in the rear yard at least 30 feet from each side lot line and the rear lot line and shall be at least 10 feet from the building line of the principal building.

[2] Any fence built around a tennis court shall not exceed 10 feet in height, notwithstanding the provisions of § 107-32A(1) of this chapter to which this subsection is an exception.

[3] The installation or use of artificial lighting for the purpose of illuminating the tennis court for play during non-daylight hours is prohibited.

(c) Home-based business operation. A home-based business operation may be an accessory use, not requiring a use variance pursuant to section 57 of P.L. 1975, c.291 (N.J.S.A. 40:55D-70), which is permitted in all residential zones of the Borough provided that:

[Ord. No. 1-2010]

[1] The activity is comparable with the residential use of the property and surrounding residential uses;

[2] The activity employs no employees other than individuals actually residing in the dwelling or unit;

[3] Clients, customers, or other business associates shall not visit the residential dwelling or unit;

[4] There is no outside appearance of a business operation including, but not limited to, parking, signs or lights;

[5] The volume of deliveries or truck and other vehicular traffic is not in excess of what is normally associated with residential use in the neighborhood;

[6] The activity uses no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by any neighbors;

[7] The activity does not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use in the neighborhood;

[8] The activity does not involve any illegal activity, use, or storage of any hazardous materials except these consistent with the residential use in kind and quantity;

[9] The activity does not involve manufacturing, warehousing or retailing within or from the dwelling unit or its appurtenant or accessory structures; and

[10] In the case of a dwelling unit that is part of a common interest ownership community, which is a community in which at least some of the property is owned in common by all of the residents, the provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, by-laws or other documents that prohibit such activity within a dwelling unit.

(3) Accessory buildings. No accessory building shall be built upon any lot on which there is no principal building or structure. No accessory building shall exceed the height of the principal building or structure or 14 feet, whichever results in a lesser height. Accessory buildings shall be located at least 15 feet from any side or rear lot line and shall be at least 10 feet from the rear building line of the principal building. Every accessory building shall be everywhere distant at least 70 feet from the street line. The maximum percentage of lot that may be covered or occupied by accessory buildings, exclusive of a swimming pool and/or tennis court, shall not exceed 5% of the rear yard.

[Ord. No. 3-90]

C. Height restrictions. No dwelling shall exceed 32 feet in height; provided, however, that this limitation shall not apply to churches and public buildings. This limitation shall not apply to flagpoles, domes, cupolas and chimneys, provided that no such flagpoles, domes, cupolas and chimneys, when constructed or erected on any lot on which there is a principal dwelling, shall exceed the height of the main building by 1/2 of the height of such main building.

[Ord. No. 10-88)]

D. Area, yard and building requirements are as follows:

(1) Minimum lot size: 21,875 square feet within the first 175 feet of depth.

(2) Minimum lot width: not less than 125 feet as measured along the setback line.

(3) Minimum depth: 150 feet.

(4) Front yard.

(a) A front yard is required on every lot, which shall have a minimum depth of not less than 50 feet from the street right-of-way line.

(b) Corner lots shall have one front yard of 50 feet and one facing yard of 50 feet.

(c) Nothing in this subsection shall justify the violation of any existing ordinance, contract or deed which prescribes a building line, although such building line would create a front yard or equivalent open space of a greater mean depth than that specified in this subsection.

(5) Rear yard. The depth of the rear yard shall be 50 feet.

(6) Side yards. The side yards for each dwelling shall be a minimum of 25 feet along each side lot line. Where any residential zone abuts a nonresidential zone, a buffer shall be provided in the residential zone, which shall be a minimum of 30 feet from any lot line of the residential zone for the entire length of the abutting zones. Within the 30 feet of the buffer provided herein, the Planning Board shall require appropriate plantings, landscaping and fencing.

[Ord. No. 12-86)]

(7) Minimum size. Every one-story dwelling hereafter erected or placed in an R-1 Residence District shall have a minimum living floor space, as herein defined, of not less than 1,600 square feet. In a one-and-one-half-story dwelling, there shall be a finished minimum living floor space of 1,200 square feet on the first floor and a minimum of 600 square feet on the second floor. The second floor area may be left unfinished; provided, however, that rough facilities shall be extended to the second floor and that a permanent stairway to the second story is constructed and the second floor plan for the structure is filed with the Building Inspector at the time of the making of the application for the building permit. In a two-story dwelling, there shall be a minimum living floor space of 1,100 square feet on the first floor and a minimum living floor space of 800 square feet on the second floor.

(8) Minimum frontage: not less than 50 feet at the front lot line.

(9) Maximum lot coverage. The total percentage of a lot that can be covered by impervious surfaces shall be no greater than 30%. Nothing contained herein shall prohibit the repair or replacement of existing impervious surfaces, provided the area of impervious coverage being repaired or replaced is not expanded.

[Ord. No. 14-05; Ord. No. 21-05; Ord. No. 15-06]

§ 107-22 R-1E Residence District.

A. Permitted principal uses are as follows:

(1) Single-family detached dwellings used as a residence by not more than one family.

(2) A church or any place or worship, including the parish house and Sunday school building, being used exclusively for religious purposes and not for residential purposes.

(3) Public or parochial school, including playgrounds and accessory buildings, but not a private school operated for profit.

(4) Municipal buildings and facilities of the Borough of North Caldwell.

B. Accessory uses are as follows:

(1) Required accessory uses are as follows:

(a) Private garages intended for the shelter and storage of motor vehicles and providing off-street parking as required in § 107-20 of this article.

(2) Permitted accessory uses are as follows:

(a) A private swimming pool on any residence plot, provided that swimming pools containing more than 750 gallons of water shall comply with the following requirements:

[1] Application shall be filed with the Building Inspector, showing the size and location of the pool and distance from all side and rear lot lines and from the dwelling on the lot, and installation or construction shall be subject to the approval of the Building Inspector and Board of Health of the Borough of North Caldwell.

[2] The swimming pool shall be constructed in the rear yard, as that term is defined in the definition section of this Zoning and Land Use Chapter, and the area of the swimming pool shall not exceed 10% of said rear yard.

[3] The pool shall have adequate filtering, circulation, clarification and chlorination systems on the lot.

[4] The swimming pool shall be enclosed with a wooden or wire mesh fence, having a minimum height of four feet and a maximum height of five feet, preventing access to the pool, except when in use under the supervision of the resident of the premises or by his permission.

[Ord. No. 12-00]

[5] Said pool shall be constructed at least 20 feet from each side lot line and the rear lot line.

[6] Well water or water from the Borough water supply shall be permitted, provided that when restrictions shall be enacted against the use of water for any purpose other than normal domestic use, no water shall thereafter be used from the Borough water supply system, except in accordance with the regulations promulgated by the Borough.

[7] Adequate and suitable provisions shall be made for disposal of all wastewater in a manner approved by the Board of Health and Building Inspector.

[8] Lights, if any, shall be restricted to such lights as shall not become a nuisance to adjoining property owners and shall be extinguished at 10:30 p.m.

(b) A private tennis court on any residential lot, provided that it shall comply with the following requirements:

[1] Said tennis court, including the fence built around it, shall be constructed in the rear yard at least 30 feet from each side lot line and the rear lot line and shall be at least 10 feet from the building line of the principal building.

[2] Any fence built around a tennis court shall not exceed 10 feet in height, notwithstanding the provisions of § 107-32A(1) of this chapter to which this subsection is an exception.

[3] The installation or use of artificial lighting for the purpose of illuminating the tennis court for play during non-daylight hours is prohibited.

(c) Home-based business operation, subject to the provisions of § 107-21 B (2) (c).

[Ord. No. 1-2010]

(3) Accessory buildings. No accessory building shall be built upon any lot on which there is no principal building or structure. No accessory building shall exceed the height of the principal building or structure or 14 feet, whichever results in a lesser height. Accessory buildings shall be located at least 15 feet from any side or rear lot line and shall be at least 10 feet from the rear building line of the principal building. Every accessory building shall be everywhere distant at least 70 feet from the street line. The maximum percentage of lot that may be covered or occupied by accessory buildings, exclusive of a swimming pool and/or tennis court, shall not exceed 5% of the rear yard.

[Ord. No. 3-90]

C. Height restrictions. No dwelling shall exceed 32 feet in height; provided, however, that this limitation shall not apply to churches and public buildings. This limitation shall not apply to flagpoles, domes, cupolas and chimneys, provided that no such flagpoles, domes, cupolas and chimneys, when constructed or erected on any lot on which there is a principal dwelling, shall exceed the height of the main building by 1/2 of the height of such main building.

[Ord. No. 10-88)]

D. Area, yard and building requirements are as follows:

(1) The minimum buildable lot size is two acres or 87,120 square feet.

(2) The principal dwelling shall be set back a minimum depth of 75 feet from the center line of the street or private drive servicing the property.

(3) The principal dwelling shall be constructed no closer than 50 feet to any property line.

(4) The minimum frontage at the front lot line shall be 50 feet.

(5) The principal dwelling may be constructed in an R-1E Residence Zone on the street other than a public thoroughfare; provided, however, that ingress and egress to the dwelling must be shown on a plat approved by the Planning Board, and no building permit shall be issued unless the street shall have been certified to be suitably improved to the satisfaction of the governing body or such suitable improvements shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the governing body as adequate with respect to the public safety and general welfare of the special circumstances of the particular street in accordance with the requirements of N.J.S.A. 40:55D-35.

(6) Maximum lot coverage. The total percentage of a lot that can be covered by impervious surfaces shall be no greater than 30%. Nothing contained herein shall prohibit the repair or replacement of existing impervious surfaces, provided the area of impervious coverage being repaired or replaced is not expanded.

[Ord. No. 14-05; Ord. No. 21-05; Ord. No. 15-06]

E. Whenever in the Code of the Borough of North Caldwell, other than in this article, reference is made to the R-1 Residential Zone, such reference shall be deemed to include the R-1E Residential District.

§ 107-23 R-2 Residence District.

A. Permitted principal uses are as follows:

(1) Single-family detached dwellings used as a residence by not more than one family.

(2) A church or any place of worship, including the parish house and Sunday school building, being used exclusively for religious purposes and not for residential purposes.

(3) Public or parochial school, including playground and accessory buildings, but not a private school operated for profit.

(4) Any use permitted in an R-1 Residence District.

B. Accessory uses are as follows:

(1) No accessory building shall be built upon any lot on which there is no principal building or structure. No accessory building shall exceed the height of the principal building or structure or 14 feet, whichever results in a lesser height. Accessory buildings shall be located at least 15 feet from any side or rear lot line and shall be at least 10 feet from the rear building line of the principal building. Every accessory building shall be everywhere distant at least 70 feet from the street line. The maximum percentage of lot that may be covered or occupied by accessory buildings, exclusive of a swimming pool and/or tennis court, shall not exceed 5% of the rear yard.

[Ord. No. 3-90]

(2) Required accessory uses are as follows:

(a) Private garages used exclusively for the shelter and storage of motor vehicles and providing off-street parking as defined in § 107-20 of this article.

(3) Permitted accessory uses are as follows:

(a) Private swimming pools, subject to the provisions of § 107-22B(2)(a) of this article.

(b) Private tennis courts, subject to the provisions of § 107-22B(2)(b) of this article.

(c) Home-based business operation, subject to the provisions of § 107-21 B (2)(c).

[Ord. No. 1-2010]

C. Height requirements. No building shall exceed 32 feet in height. Cooling towers, water storage towers, light stanchions, air conditioners and other rooftop structures shall be specifically regulated by the Municipal Agency, giving due consideration to the nature and characteristics of the building, the topography of the land on which it is situated and the general characteristics of the land surrounding the area.

[Ord. No. 10-88]

D. Area, yard and building requirements are as follows:

(1) Minimum lot size: 15,000 square feet within the first 150 feet.

(2) Minimum lot width: not less than 100 feet.

(3) Minimum depth: 125 feet.

(4) Minimum frontage: not less than 50 feet at the front lot line.

(5) Maximum lot coverage. The total percentage of a lot that can be covered by impervious surfaces shall be no greater than 30%. Nothing contained herein shall prohibit the repair or replacement of existing impervious surfaces, provided the area of impervious coverage being repaired or replaced is not expanded.

[Ord. No. 14-05; Ord. No. 21-05; Ord. No. 15-06]

E. Front yard.

[Ord. No. 19-87]

(1) A front yard is required on every lot, which shall have a minimum depth of not less than 30 feet from the street right-of-way line.

(2) Corner lots shall have one front yard of 30 feet and one facing yard of 30 feet.

(3) Nothing in this subsection shall justify the violation of any existing ordinance, contract or deed which prescribes a building line, although such building line would create a front yard or equivalent open space of a greater depth than that specified in this subsection.

F. Rear yard. The depth of the rear yard shall be 30 feet.

G. Side yards. The side yards for each dwelling shall be a minimum of 20 feet along each side lot line. Where any residential zone abuts a nonresidential zone, a buffer shall be provided in the residential zone, which shall be a minimum of 30 feet from any lot lines of the residential zone for the entire length of the abutting zones. Within the 30 feet of the buffer provided herein, the Planning Board shall require appropriate plantings, landscaping and fencing.

[Ord. No. 12-86]

H. Minimum size. Every one-story dwelling hereafter erected or placed in an R-2 Residence District shall have a minimum living floor space, as herein defined, of not less than fourteen hundred (1,400) square feet. In a one-and-one-half (1 1/2) story dwelling, there shall be a finished minimum living floor space of eleven hundred (1,100) square feet on the first floor and a minimum of 550 square feet on the second floor. The second floor area may be left unfinished; provided, however, that rough facilities shall be extended to the second floor and that a permanent stairway to the second floor is constructed and that a practical, second floor plan for the structure is filed with the Construction Official at the time of the making of the application for the building permit. In a two story dwelling, there shall be a minimum living floor space of 1,000 square feet on the first floor and a minimum living floor space of 800 square feet on the second floor.

I. Minimum lot depth. There shall be 15,000 square feet within the first 150 feet of depth as measured from the right-of-way.

J. Parking requirements. Parking is required as set forth in § 107-20 of this article.

§ 107-24 Residential Cluster Districts.

A. Purpose. The objectives and purpose of this section are to encourage innovations in residential development; to encourage flexibility in the design, layout and development of residential land; to permit more efficient use of open space ancillary to said buildings; to encourage a more efficient use of land and of public services; to reflect changes in the technology of land development so that resulting economies may inure to the benefit of both the developer and those who need homes; to promote the sound growth of the Borough; to conserve the value of the land; to ensure the protection of green areas for present and future generations; and to provide for a variety of housing types at locations which will promote the safe, efficient, economical and reasonable extension of municipal services while providing for the protection and enhancement of the natural environment as well as protection for existing uses in the surrounding neighborhoods and the conservation of property values in those neighborhoods.

B. Standards and conditions. The following standards and conditions shall be those by which a proposed residential cluster plan shall be evaluated. The Planning Board may prescribe, from time to time, rules and regulations to supplement the standards and conditions herein set forth, provided that said rules and regulations are not inconsistent with said standards and conditions, said rules and regulations are placed on public record and any change or amendment shall not affect a plan previously granted tentative approval of any of the general terms and conditions conferred thereon; provided, however, that nothing contained herein shall preclude an upgrading or modification of standards for improvements, such as streets, curbs, aprons, sewer drainage or other utilities, and their applicability to the plan consistent with general powers of municipality to impose such modifications.

(1) Permitted uses. Residential cluster districts shall constitute areas established and intended for the use and occupancy only for the following, exclusive of uses permitted within the common open spaces of such districts:

(a) In the R-1 Residential Cluster District and R-3 Residential Cluster District: one-family detached dwelling units.

(b) In the R-2 Residential Combination Cluster District and the R-4 Residential Combination Cluster District: one-family detached, semidetached, attached, groups of attached or cluster structures or any combination thereof.

(c) Buildings to house public or municipal facilities as permitted in R-1 or R-2 Residence Districts.

(d) Accessory uses and structures as permitted in R-1 or R-2 Residence Districts.

(e) In addition thereto, these zones also permit those uses as permitted and regulated in the R-1 or R-2 Districts.

(2) Minimum cluster tract. The minimum size of the tract or parcel of land proposed for development under the cluster development provisions of this chapter shall be 10 adjacent and/or contiguous acres. Tract and lot sizes and dimensions and building locations may be freely disposed and arranged in conformity with the overall density standards set forth herein and with the conditions of a Comprehensive Plan therefor, the general features and design of which shall be approved by the Planning Board.

(3) Density. The maximum density for the entire subdivision shall not be more than the following:

(a) In R-1 Residential Cluster Districts: a gross density of 30,000 square feet and a minimum lot size of 15,000 square feet, subject to site plan review and approval, downstream drainage study and availability of utilities.

(b) In R-2 Residential Combination Cluster Districts: a maximum of no more than three dwelling units per acre gross density and no more than three dwelling units shall be attached to produce one overall structure, all subject to site plan review and approval, availability of utilities and traffic feasibility study. The density applicable to portions of land contained in the plan may be varied; provided, however, that the overall density in the entire plan shall not exceed three dwelling units per acre of the site in an R-2 Residential Combination Cluster District. The intent of this subsection is to permit a density in a section of the plan to exceed the above-cited standard of three, provided that the overall density of the plan does not exceed said density standard of three. In the event that the density is increased in any one section, then the Planning Board shall require and secure reservations of open space to achieve the proper balance of densities. No residential cluster development shall contain more than six bedrooms per gross acre in the R-2 Residential Combination Cluster District.

(c) In R-3 Residential Cluster Districts: a one-dwelling unit per 20,750 square feet gross density and a minimum lot size of 11,250 square feet, subject to site plan review and approval, downstream drainage study and availability of utilities.

(d) In R-4 Residential Combination Cluster Districts: a maximum of no more than five dwelling units per acre gross density and no more than six dwelling units shall be attached to produce one overall structure, all subject to site plan review and approval, availability of utilities and traffic feasibility study. The density applicable to portions of land contained in the plan may be varied; provided, however, that the overall density in the entire plan shall not exceed five dwelling units per acre of the site in a R-4 Residential Combination Cluster District. The intent of this subsection is to permit a density in a section of the plan to exceed the above-cited standard of five, provided that the overall density of the plan does not exceed said density standard of five. In the event that the density is increased in any one section, then the Planning Board shall require and secure reservations of open space to achieve the proper balance of densities. No residential cluster development shall contain more than twelve and one-half (12 1/2) bedrooms per gross acre in the R-4 Residential Combination Cluster District.

(e) In determining the appropriate density for a plan, the following factors shall be considered:

[1] The amount, location and proposed use of common open space. The common open space must contain at least 10% of the total land area of the development as usable open space for recreation for the residents of the development.

[2] The location and physical characteristics of the site of the proposed plan.

[3] The location, design and type of dwelling units.

[4] Where otherwise feasible, the rounding off to the nearest whole number the number of units permitted under Subsection B(3)(b) and (d) above to the next higher number, if 1/2 or greater, or to the next lower number, if below 1/2.

(4) Common open space. Any common open space resulting from the application of standards for density of land use shall be set aside for the use and benefit of the residents in such development, and the amount and location of such common open space shall be determined and its improvement and maintenance for common open space use shall be secured, subject, however, to the following:

(a) The Borough of North Caldwell may, at any time, accept the dedication of land or any interest therein for public use and maintenance, but no land proposed to be set aside for common open space shall be required to be dedicated or made available to public use as a condition of the approval of a plan.

(b) The applicant for the proposed development must provide for and establish a home association, hereinafter referred to as an "organization," for the ownership and maintenance of any common open space, and such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise, except to an organization conceived and established to own and maintain the common open space, without first offering to dedicate the same to the Borough of North Caldwell.

(c) In the event that the organization established to own and maintain common open space or any successor organization shall, at any time after establishment of the development, fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Borough may serve written notice upon such organization or upon the residents and owners of the development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured, such extension not to exceed 65 days, unless circumstances warrant a longer time period. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 35 days or any extension thereof, the Borough, in order to preserve the common open space within the residential cluster zone and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for an initial period of not more than one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, except when the same is voluntarily dedicated to the public by the residents and owners and accepted by the Borough. Before the expiration of said year, the Borough shall, upon its initiative or upon the request therefor of the organization responsible for the maintenance of the common open space, call a public hearing, upon 15 days' written notice to such organization or to the residents and owners of the development, to be held by the governing body, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, be discontinued or continued for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year or earlier, at the Borough's election. If the governing body shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision, subject to judicial review.

(d) The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space, in accordance with the assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

(e) As a condition of the approval of a proposed residential cluster application, the Planning Board shall require the organization established or to be established to own and maintain common open space or any common areas or elements to adopt certain binding rules and regulations or bylaws, not subject to change without prior governing body approval, with respect to ensuring the objectives and purposes of reasonable maintenance. Said requirements of the Planning Board may vary as to particular applications and the buildings, structures and uses proposed therein; provided, however, that any such variations of requirements may not be inconsistent with each other. The following information and/or documents shall be submitted on or before the granting of final approval for any plan or section thereof:

[1] Time when organization is created.

[2] The entity of the organization, whether a corporation, partnership, trust or otherwise.

[3] Mandatory or automatic nature of membership in the organization by residents or successors.

[4] Liability of the organization for insurance, taxes and maintenance of all facilities.

[5] Provision for pro rata sharing of costs and assessments.

[6] Capacity of the organization to administer common facilities and preserve the benefits of common open space and assure the integrity of the development and general compliances with municipal regulations and codes.

[7] Whether a member of the organization is any owner or renter of a unit or units, and distinctions of types of members, if any.

[8] Submission of recordable documents evidencing a reservation and/or restriction on areas allocated for open space and/or common areas pursuant to the requirements of approval(s) pursuant to this chapter. Any such reservations or restriction shall be binding on all successors in interest in the lands in question and subject to the approval of the Borough Attorney.

(f) Any organization or association pursuant to this subsection shall submit a true copy of its charter and bylaws and a list of all of its officers, trustees or any person, corporation, firm or association having a vote or power to regulate the affairs of said organization or association. Said documents shall be filed in the office of the Borough Clerk, and any amendments thereto shall be submitted to the Borough Clerk within 10 days of their effective date.

(5) Permitted uses and structures within common open space shall be limited to the following:

(a) Recreation facilities suitable to serve the residents of the residential cluster development as approved by the Planning Board, such as swimming pools, playgrounds, athletic fields, recreation halls or clubhouses, tennis courts, shuffleboards and any other approved compatible facility.

(b) Signs identifying a residence cluster development and signs necessary for traffic regulation, the size and location of which are to be approved by the Planning Board.

(c) Open space and conservation of nature areas and preserves as approved by the Planning Board.

(6) Site and structure standards. The standards and criteria by which the design, bulk, location of buildings and other features of a plan shall be required are as follows:

(a) In an R-1 Residential Cluster District, no building or structure shall be constructed closer to a street or property line than 30 feet, unless such requirements shall be specifically expanded or modified by the Planning Board for good cause. Yard requirements shall be the same as in the R-2 Residential Zone District.

[1] Maximum lot coverage. The total percentage of a lot that can be covered by impervious surfaces shall be no greater than 30%. Nothing contained herein shall prohibit the repair or replacement of existing impervious surfaces, provided the area of impervious coverage being repaired or replaced is not expanded.

[Ord. No. 18-05; Ord. No. 21-05; Ord. No. 15-06]

(b) In an R-3 Residential Cluster District, no building or structure shall be constructed with a front yard setback of less than 30 feet, a side yard of less than 12 feet, a rear yard of less than 40 feet and a frontage of less than 90 feet.

[1] Maximum lot coverage. The total percentage of a lot that can be covered by impervious surfaces shall be no greater than 30%. Nothing contained herein shall prohibit the repair or replacement of existing impervious surfaces, provided the area of impervious coverage being repaired or replaced is not expanded.

[Ord. No. 18-05; Ord. No. 21-05; Ord. No. 15-06]

(c) In an R-2 Residential Combination Cluster District, no building or structure shall be constructed closer to a street or property line than 30 feet nor closer to a zone district line or property line in another zone district than 100 feet. In addition, no parking area shall be paved closer to a zone district line or property line in another zone district than 60 feet. Dense screen planting of an evergreen material not less than four feet in height shall be provided and maintained between off-street parking areas and any lot line or street line, such planting to be located within 25 feet of the parking areas, and along any zone district line within 50 feet of the zone district line.

(d) In an R-4 Residential Combination Cluster District, no building or structure shall be constructed closer to a street or property line than 30 feet nor closer to an R-1 Residential Zone District line or property line in an R-1 Residential Zone District than 100 feet. In addition, no parking area shall be paved closer to a zone district line or property line in another zone district than 60 feet. Screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking areas and any lot line or street line, such planting to be located within 25 feet of the parking areas, and along any zone district line within 50 feet of the zone district line.

(e) In the R-1 and R-3 Residential Cluster Districts, there shall be a private garage and parking requirement for each dwelling unit, to be of the size and located in accordance with R-1 or R-2 requirements. In an R-2 Residential Combination Cluster District, there shall be a private garage for each dwelling unit, to be of a size and located as approved by the Planning Board on site plan review. Any group of attached garages in an R-2 Residential Combination Cluster District shall have a joint capacity of no more than four automobiles and shall be attached to or within each dwelling structure they serve. In addition, in any R-2 Residential Combination Cluster District, there shall be off-street parking facilities, which, together with private garages, shall provide adequate space for the parking of three full size automobiles for each dwelling unit. In an R-4 Residential Combination Cluster District, there shall be a private garage attached to or within each dwelling structure it serves for each two dwelling units, to be of a size and location as approved by the Planning Board on site plan review. In addition, in any R-4 Residential Combination Cluster District, there shall be off-street parking facilities, which, together with private garages, shall provide adequate space for the parking of 2.3 full size automobiles for each dwelling unit. Each off-street parking space shall consist of at least 200 square feet. Off-street parking shall be planned in such manner so as to conform to the existing topography.

(f) Each dwelling unit in an R-1 Residential Cluster District shall contain living floor space of not less than 1,200 square feet for a one-story unit, 1,400 square feet for a one-and-one-half-story unit and 1,600 square feet for a two-story unit.

(g) Each dwelling unit in an R-2 or R-4 Residential Combination Cluster District shall contain at least one bedroom separate from the living area. No dwelling unit shall be less than 20 feet wide. No building shall be constructed or occupied whereby the living floor space of a dwelling unit or any part thereof shall be directly above the living floor space of another dwelling unit or any part thereof. The gross floor area for a one-bedroom dwelling unit shall be no less than 1,000 square feet and 1,250 square feet for a two-bedroom unit. Each additional bedroom shall require at least 250 additional square feet added to the gross floor area of the dwelling unit. All bedrooms shall be above the ground and shall contain at least one window to the outside. Each dwelling unit shall provide adequate cooking, sleeping and living areas.

(h) In any R-2 or R-4 Residential Combination Cluster District:

[1] Reasonable yard lighting may be provided to illuminate the premises at night. Where feasible, all wiring shall be laid underground. All lighting fixtures shall be so arranged so that the direct source of light is not visible from any residential areas as approved by the Planning Board.

[2] There shall be between each single attached residence (dwelling) a fire wall, which shall be constructed pursuant to the following specifications as verified by the Building Inspector. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52, based on the laboratory test procedure specified in the ASTM, American Society for Testing and Materials, Recommended Practice E 90-66T.

[3] To provide attractiveness to the development, the combined complex of structures and dwelling units shall have a compatible architectural theme designed to preserve the character of the site. In achieving this architectural standard, consideration shall be given to landscaping techniques; building orientation to the site and to other structures; topography and natural features; individual dwelling unit design, such as unit widths, setbacks and heights, types of windows, shutters, doors and porches; and horizontal or vertical orientation of the face, singularly or in combination with each dwelling unit.

[4] All front, side and rear yards shall be as approved by the Planning Board on site plan review, except that the distance of any building from any public street shall be no less than 30 feet, and the distance between one overall structure of attached dwelling units and another overall structure of dwelling units shall be the sum of two abutting side yards of not less than 20 feet each. The foregoing requirements may be modified by the Planning Board for good cause. Where a driveway or vehicular access aisle is located in a side yard, the side yard shall be increased by the equivalent width of the driveway or access aisle.

[5] Any outdoor storage area shall be completely screened from view from any public right-of-way, yard and any residential use. All organic rubbish or storage shall be contained in an airtight, vermin proof container. Such area shall be surrounded by a fencing that is of appropriate height and thickness to accomplish the required screening and shall not be located in a required buffer zone.

[6] Any part or portion of a site which is not used for building area, paved area, recreation area or is not reserved as a natural wooded area shall be planted with an all-season ground cover and shall be landscaped according to an overall plan and in keeping with the natural surroundings.

[7] Every residence (dwelling unit) must be connected to the public sanitary sewer and water systems, as approved by the Planning Board, prior to the issuance of any certificate of occupancy. Fire hydrants shall be installed by the developer in adequate numbers and at locations as approved by the Borough Engineer. Adequate provision for storm drainage must be made as approved by the Planning Board after consultation with the Borough Engineer.

[8] The Planning Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern, both on and abutting the site. The Planning Board may require the applicant to submit a traffic engineering study prepared by a licensed professional engineer, which will indicate the impact that the proposed development of the site will have on surrounding areas. This traffic study shall include the following elements:

[a] Estimated peak hourly traffic to be generated by the proposal.

[b] Assignment of estimated peak hourly traffic by percentage and volume on surrounding streets. If the results of the survey indicate necessary off-site improvements of existing Borough streets, the applicant shall be required to comply with the terms of Article V of this chapter.

[9] Each dwelling unit shall take care of and dispose of its garbage and refuse as does a single-family dwelling in other residential districts: provided, however, that subject to the approval of the governing body, the association shall have the right to manage and/or dispose of garbage of its development, all in accordance with the ordinances and applicable municipal codes relating to garbage and health regulations.

[10] No building shall exceed a maximum of two and one-half (2 1/2) stories or 32 feet in height, whichever is less.

[Ord. No. 10-88]

[11] On-site and off-site improvements, landscaping and site plan requirements shall be complied with as required by municipal ordinances.

[12] No laundering or drying facilities, including but not limited to washing machines and dryers, shall be located outside of any individual dwelling units.

[13] Common open spaces of land and/or water shall be provided in an amount or amounts totaling not less than 25% of the total land area of the development. The type and amounts of areas to be counted towards establishing the minimum amount of common open spaces shall be determined by the Planning Board but shall not include areas designated as roadway rights-of-way and off-street parking. The Planning Board may require other areas to be considered as part of common open spaces for maintenance and other purposes even though such other areas are not the type to be counted toward establishing the minimum areas of 25%.

[14] Each individual dwelling unit shall contain not less than two private separate entrances.

[15] Notwithstanding any other provision of this Subsection B(6), the following provision relating to buffer zones shall apply. At least a 60 foot buffer area, as defined in Article II, § 107-8 of this chapter, shall be required between a cluster zone and another noncluster residential zone; provided, however, that the Planning Board shall require a one-hundred-foot buffer between an active recreational use within a cluster zone and the nearest boundary line of another noncluster residential zone. This buffer area shall be kept in its natural state where wooded. When natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a visual screen. Within the buffer area, no principal or accessory structure or any off-street parking areas or other uses shall be permitted. Utility easements may be permitted within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for the purpose of computing required open space for cluster development plans.

§ 107-25 Office District.

A. Permitted principal uses are as follows:

(1) Administrative, executive and editorial offices.

(2) Banks and financial offices.

(3) Medical and dental offices and clinics.

(4) Professional offices.

(5) Retail uses.

[Ord. No. O-2-13)]

(6) Eating and drinking establishments with table service, excluding drive-thru windows as accessory uses.

[Ord. No. O-2-13]

B. Accessory uses.

(1) Required accessory uses are as follows:

(a) Off-street parking as provided for in § 107-20 of this article.

(b) Off-street loading and unloading spaces. In the Office District, for every building or part thereof hereafter erected which is to be occupied for manufacturing, storage, wholesale store or warehouse or other use similarly requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such use, at least one off-street loading space, which shall be at least 12 feet wide, 40 feet long and have a fourteen-foot overhead clearance. A loading space shall only be permitted in a side or rear yard, and no part of such space shall be nearer than 25 feet to any property line.

(c) A reasonable buffer zone as may be required on site plan review. The Planning Board shall consider the proposed use of the property, its proximity to any other zone, the characteristics of the surrounding uses and the topography and site characteristics of the site in question.

(2) Permitted accessory uses are as follows:

(a) Signs, subject to the provisions of this chapter.

(b) Other customary uses and structures which are clearly incidental to the principal use.

(3) No accessory building shall be built upon any lot on which there is no principal building or structure. No accessory building shall exceed the height of the principal building or structure. Accessory buildings shall be located at least 15 feet from any side or rear lot line and shall be at least 10 feet from the rear building line of the principal building. Every accessory building shall be everywhere distant at least 70 feet from the street line.

(4) An accessory building attached to the principal building shall comply in all respects with the yard requirements of this chapter for the principal building.

(5) Detached accessory buildings, yard utility buildings and storage buildings are permitted in the rear yard only.

(6) No accessory building shall encroach upon any required buffer zone nor shall it be closer than 10 feet from a rear or side property line.

(7) On through lots, no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback in the Office District.

C. Required conditions. Area, yard and building requirements shall be as follows:

(1) Minimum front footage: 150 feet at the curbline.

(2) Minimum lot size: 22,500 square feet.

(3) Minimum front yard setback: 20 feet.

(4) Minimum side yard: 10 feet and combined side yard of 40 feet.

(5) Minimum rear yard: 15 feet.

(6) Maximum lot coverage: 35% of total lot size.

D. Height restrictions. No building shall exceed 35 feet in height. Cooling towers, water storage towers, light stanchions, air conditioners and other rooftop structures shall be specifically regulated by the Municipal Agency, giving due consideration to the nature and characteristics of the building, the topography of the land on which it is situated and the general characteristics of the land surrounding the area.

E. Additional requirements.

(1) Front yard areas shall not be utilized for parking.

(2) All rubbish, garbage and waste material shall be stored in metal or plastic containers securely closed and stored in completely enclosed structures.

(3) Prior to the issuance of a building permit, all uses shall be subject to site plan approval pursuant to Article IV of this chapter.

(4) No use of land or building shall be permitted in the Office District which will result in any:

(a) Dissemination of smoke, fumes, gas, dust, odor or other atmospheric pollutant beyond the boundaries of the lot occupied by such use.

(b) Noise audible beyond the boundaries of the lot occupied by such use.

(c) Dissemination of glare or vibration beyond the immediate lot on which such use is conducted.

(d) Discharge of waste of any kind into other than a sewage disposal system designed and approved for such use. Such system shall be as approved by the Borough Engineer at the time of approval of any application for a building permit or a street opening permit.

(e) Physical hazard to property in the same or adjacent zone by reason of fire, explosion, radiation or similar cause.

§ 107-26 Golf Course, Country Club and Open Space District.

A. There is specifically hereby established a zone, as shown on the Zoning Map of the Borough of North Caldwell, designated for use as a country club, a golf course or as open space.

B. Permitted principal uses are as follows:

(1) A golf course consisting of 18 or more regulation golf holes owned either by members of such golf course, by a public or private corporation or by the municipality.

(2) A country club consisting of a golf course, tennis courts, a swimming pool, squash courts, platform tennis courts, basketball courts, handball courts, badminton courts and any combination of the uses contained in this subsection; provided, however, that no tennis court, swimming pool, squash court, handball court, badminton court or basketball court shall be enclosed, temporarily or permanently, without a review and approval of the planned enclosure by the Planning Board of the Borough of North Caldwell and compliance with all site plan requirements as set forth in Article IV.

(3) The retention and use by individuals, corporations or the Borough of North Caldwell of areas within the zone designated as open space, which may remain in its natural state or be developed as a park or natural area.

C. Minimum area requirements. The minimum areas for development of the uses permitted hereunder shall be:

(1) For a golf course: 90 acres.

(2) For a country club: 90 acres.

(3) For open space area: 10 acres.

D. Additional requirements.

(1) A golf course or country club may have as a part of its facilities a dining area, locker rooms, shower facilities and guest room accommodations of not more than 20 sleeping units, provided that all such facilities are included within the main clubhouse building on the site.

(2) There shall be no use of a golf course, outdoor swimming pool, outdoor tennis court or other out-of-doors recreational facility between the hours of 11:30 p.m. and 7:00 a.m. prevailing time.

(3) No building, structure or temporary shelter shall be erected or maintained closer than 200 feet to any structure on an adjoining property line. The maximum coverage by all buildings, structures and accessory buildings of a site under this article shall be not greater than 5% of the gross site. No building shall be greater than 35 feet in height.

(4) Minimum off-street parking for motor vehicles shall be provided, based on the designed capacity or actual use of each facility, as follows:

Type of Use	Number of Parking Spaces
Country club	1 for each 200 feet of floor, terrace or patio space devoted to patron use
Golf club	3 for each tee and each practice putting green

(5) Suitable screening, landscaping or fencing shall be provided along the boundaries of any parking area to protect adjacent properties form physical damage, noise, glare of headlights or other similar nuisance.

(6) Parking areas shall be permanently improved and shall be located at least 100 feet away from all property lines. The Planning Board may reduce this distance by not less than 50 feet if additional screening or fencing is provided to safeguard adjoining properties.

(7) Access drives from existing streets and highways shall be so located as to avoid unsafe conditions and traffic congestion.

(8) There shall be no more than two permanent dwellings on the club site, and each dwelling shall not be occupied by more than one family. Dormitory facilities for employees may be permitted upon application to and approval of the Planning Board.

(9) All outdoor athletic or recreation areas and facilities, except golf course tees, fairways and greens, shall be located at least 100 feet from all property lines.

(10) Suitable screening, landscaping or fencing shall be provided along the boundaries of any outdoor athletic or recreation areas to protect adjacent properties from physical damage, noise and excessive light and to shield from the view of any adjacent residence use the general patron activity within such athletic or recreation areas.

(11) All permitted uses shall be maintained or conducted in such manner as not to cause or result in the dissemination of light, noise, vibration, smoke, gas, fumes or dust beyond the boundaries of the site or property on which the use is located in excess of levels normal and reasonable for the district in which said use is located.

(12) Outdoor lighting shall be shielded and/or directed from the view of all adjacent properties and streets.

(13) There shall be no more than one sign facing each public street announcing the name of the club. Such sign shall be nonmoving and, if lighted, shall be nonflashing.

E. Accessory buildings. No accessory building shall be built upon any lot on which there is no principal building or structure. No accessory building shall exceed the height of the principal building or structure. Accessory buildings shall be located at least 15 feet from any side or rear lot line and shall be at least 10 feet from the rear building line of the principal building. Every accessory building shall be everywhere distant at least 70 feet from the street line.

§ 107-26.1 SIRO Senior Inclusionary Residential Overlay Zone.

[Added 7-21-2020 by Ord. No. O-8-20; amended 12-19-2023 by Ord. No. O-25-2023[1]]

A. Purpose and Planning Rationale. The purpose of the SIRO Senior Inclusionary Residential Overlay Zone is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned inclusionary development, and thereby help to address a portion of the Borough's combined Prior Round (1987-1999) and Round 3 (1999-2025) "unmet need" as per the terms of the Settlement Agreement entered into between the Borough of North Caldwell and Fair Share Housing Center ("FSHC") on December 11, 2018 (hereinafter "FSHC Settlement Agreement") and the Borough and Green Brook Realty Associates, LLC (hereinafter "Green Brook LLC") on December 11, 2018 (hereinafter ("Green Brook Settlement Agreement"), as may be amended. This overlay zone will conform with the FSHC Settlement Agreement, the Green Brook Settlement Agreement, the Borough's Affordable Housing Ordinance (Chapter 107, Article XVI of the Borough Code), the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the Borough's Housing Element and Fair Share Plan, which may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order.

B. Applicability. The following standards shall apply to development within the SIRO Senior Inclusionary Residential Overlay Zone. All other provisions of Chapter 107, Zoning and Land Use, of the North Caldwell Borough Code shall apply to development in the SIRO Senior Inclusionary Residential Overlay Zone only where specifically indicated as applicable in this § 107-26.1 of the North Caldwell Code. Sections 45-1, 80-19, 80-20, and 88-17 shall not apply in the SIRO Senior Inclusionary Overlay Zone. When development of a use permitted by the SIRO Senior Inclusionary Residential Overlay Zone is proposed, only the SIRO Senior Inclusionary Residential Overlay Zoning shall apply and the C Golf Course, Country Club and Open Space District zoning shall be of no force or effect. No overlay zoning, other than the SIRO Senior Inclusionary Residential Overlay zoning, shall apply to the Tract.

C. Definitions. The definitions provided in § 107-7, § 107-8, and § 107-97 of the Borough of North Caldwell Code shall apply in the SIRO Senior Inclusionary Residential Overlay Zone, except as provided herein. The following definitions shall apply only within the SIRO Senior Inclusionary Residential Overlay Zone, shall supplement any non-conflicting definitions within Chapter 107 of the Borough Code, and shall supersede any conflicting definitions in the Borough Code, except for the definitions in the Borough's Affordable Housing Ordinance (Chapter 107, Article XVI of the Borough Code).

AFFORDABLE

A sales price or rent within the means of a low- or moderate-income household as defined by COAH in its applicable regulations or an equivalent controlling New Jersey state agency; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE AGE-RESTRICTED UNIT

An Affordable housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either 62 years, or 55 years and meets the provisions of the 42 U.S.C. §§ 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.

AFFORDABLE NON-AGE-RESTRICTED UNIT

An Affordable Dwelling Unit for which there are no requirements as to the age of any occupant.

APARTMENT

A Dwelling Unit in a building having three or more Dwelling Units that is leased to its occupant(s).

ATTIC

The space between the ceiling beams of the top story and the roof rafters in any building.

ATTIC STORY

An attic having, within its space, possible floor area with headroom of five feet or greater over 60% or more of the attic area.

BASEMENT

That portion of a building, wholly or partially underground, having more than 1/2 of its floor to ceiling height above the average grade of the adjoining ground, which shall constitute a story.

BUILDING HEIGHT

The vertical distance measured in feet from the finished first floor to the highest point of the roof. For the avoidance of doubt, the finished first floor shall not be a Basement, Cellar, or Walkout Basement.

CELLAR

That portion of a building, wholly or partially underground, having more than one-half (1/2) of its floor to ceiling height below the average grade of the adjoining ground, or with a floor-to-ceiling height of less than 6 1/2 feet, which shall not constitute a story.

FAIRFIELD TRACT

The remainder of the existing Green Brook County Club, which includes Block 2003 Lot 1, Block 2101 Lot 8.03 and Block 19.02 Lot 13 located in Fairfield Township.

FIRST FLOOR DECK

A deck that extends from the first floor of a Townhouse that is not extended from a second floor, Townhouse Basement or Walkout Basement.

INTERNAL ROADWAYS

Private streets, roads, and/or rights-of-way connecting any two or more lots created by subdivision and located entirely in the Tract.

INTERNAL TRACT LOT LINE

The boundary between any two or more lots created by subdivision and located entirely within the SIRO Senior Inclusionary Residential Overlay Zone.

LOT

A piece, plot or parcel of land existing in common ownership, whether acquired in separate parcels or as a whole, abutting on a street or Internal Roadway, the location, dimension or boundaries of which are determined by the latest office record in the Register's Office of Essex County.

MARKET-RATE

Housing not restricted to low- and moderate- income households.

MARKET-RATE AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted population such that the units are occupied by at least one person that is 55 years or older, except that due to death, a surviving co-owner or beneficiary residing in the unit of less than 55 years of age shall be permitted to continue to reside. Children under the age of 19 shall not be permitted to permanently reside in Market-Rate Age-Restricted Units.

RESIDENTIAL LIVING AREA

The acreage of the Tract to be developed with Market Rate Age-Restricted Stacked Flats, Market Rate Age-Restricted Townhouses, Affordable Age-Restricted Apartments, and/or Affordable Non-Age-Restricted Apartments.

RESIDENTIAL LIVING USES

Market Rate Age-Restricted Stacked Flats, Market Rate Age-Restricted Townhouses, Affordable Age-Restricted Apartments, and/or Affordable Non-Age-Restricted Apartments.

STACKED FLAT

A portion of a Building or Structure designed for, or occupied by, no more than one Family or household and attached to one or more Stacked Flats within the same Building or Structure by one or more party walls. Up to eight Stacked Flats may be located within one building. Stacked Flats, or portions of Stacked Flats may be located above another Stacked Flat and/or parking. Furthermore, each Stacked Flat shall be provided with a maximum of two bedrooms, one study, and cooking and sleeping facilities for the use of each family or household of the flat. Each Stacked Flat shall have at least two outside exposures.

STORY

That portion of a building, exclusive of cellars and townhouse basements, but inclusive of basements and walkout basements, contained between the surface of any floor above the average grade elevation and the surface of the floor next above it, or if there is no floor above it, then the space between the highest floor and the top of the roof beams above it. Walkout basements shall be considered a story in all instances.

TOWNHOUSE

A portion of a Building or Structure designed for, or occupied by, no more than one Family or household and attached to one or more Townhouses within the same Building or Structure by one or more party walls extending from the foundation. Townhouses, or portions of Townhouses may not be located above another Townhouse. Each Townhouse shall be provided with cooking, sleeping and sanitary facilities for the use of each Family or household of the Townhouse. Title to a Townhouse may be held in a fee simple, condominium, or cooperative ownership, or any combination thereof.

TRACT

The entirety of the parcel of land comprising the SIRO Senior Inclusionary Residential Overlay Zone, meaning Block 1600, Lot 1, including parcels subdivided therefrom.

TRACT IMPERVIOUS COVERAGE

The percentage of the Tract that is developed with an Impervious Surface, excluding any roads, streets, and Internal Roadways. To calculate Tract Impervious Coverage, the denominator shall be the gross acreage of the Tract and the numerator shall be the acreage of the Tract developed with Impervious Surfaces, excluding roads, streets, and Internal Roadways.

WALKOUT BASEMENT

A Basement of a Townhouse that has direct access via a doorway to the exterior of the Townhouse from the Basement, which shall count as a building story.

D. Application Requirements.

(1) Any application for development for any portion or the entirety of the SIRO Senior Inclusionary Residential Overlay Zone shall be submitted in accordance with the requirements of § 107-5 and § 107-6, § 107-34 through § 107-41 and § 107-43 through § 107-45 of the Borough of North Caldwell Code, except as provided herein. An application for development of permitted uses within the SIRO Senior Inclusionary Residential Overlay Zone shall delineate the boundaries of New Jersey Department of Environmental Protection regulated riparian buffers, flood plains, freshwater wetlands, freshwater wetland buffers, all existing wooded areas, excepting vehicular access and utilities which may be within such buffers. An application for development in the SIRO Senior Inclusionary Residential Overlay Zone shall also include existing setback dimensions, width and direction of flow of watercourses, existing wooded areas, signs, utility poles, electric lines, telephone lines, principal and accessory buildings or structures, catch basins, storm drainage facilities, sanitary sewers and utilities, design data supporting the adequacy of such existing facilities, curbs, sidewalks, driveways, fences, retaining walls, parking space areas and the layouts thereof and all off-street loading areas on the site and within 100 feet of the site.

(2) Consistent with N.J.A.C. § 5:93-10.1(b), the New Jersey Fair Housing Act (N.J.A.C. 52:27D-301 et seq.), and Section 7 of the Green Brook Settlement Agreement, no unnecessary cost generative requirements shall apply to any development of permitted uses within the SIRO Senior Inclusionary Residential Overlay Zone, including but not limited to the Planning Board/Zoning Board of Adjustment application checklist requirements B(5)(j), B(5)(o)(1), and B(7) and § 107-36C(7) and (12) and D(3), § 107-38A(1), B(1), (3), (6), and (8), § 96-3A through E, § 96-4, § 96-6, and § 96-7. Further to that end, notwithstanding § 107-36C and § 107-38A, an application for development of permitted uses within the SIRO Senior Inclusionary Residential Overlay Zone shall not be required to delineate trees six inches or over in diameter, or existing landscaping but shall be required to delineate all existing wooded areas. Additionally, notwithstanding § 107-41B, no application for development in the SIRO Senior Inclusionary Residential Overlay Zone shall be required to include the location of gas and electric transmission lines, telephone service or any other wire services, except that the location of all easements to be imposed, including easements for public utilities or copies of all easements, including those to public utilities, shall be provided to the extent practicable.

(3) Application for development of permitted uses in the SIRO Senior Inclusionary Residential Overlay Zone shall not be deemed an application for a Residential Cluster Plan.

(4) For the avoidance of doubt, the North Caldwell Planning Board shall be the "Municipal Agency" to which all submissions shall be made and reviewed in connection with proposed development in the SIRO Senior Inclusionary Residential Overlay Zone, including but not limited to those required by § 107-36D unless otherwise set forth herein.

(5) The application fee for preliminary and final major subdivision and site plan approval in the SIRO Senior Inclusionary Residential Overlay Zone shall be subject to § 107-45 and shall be determined at the time of the filing pursuant to the fee structure in place at the time of filing, but in no event shall exceed $10,000. The initial escrow fee due at the time of initial filing of an application for development in the SIRO Senior Inclusionary Residential Overlay Zone shall be as determined by the joint decision of the Borough Engineer, the Borough Planner and the Borough Attorney. The initial escrow fee shall be subject to increase and replenishment by the applicant as necessary to cover project costs from application through construction inspection subject to the joint decision of the Borough Engineer, the Borough Planner and the Borough Attorney.

(6) Stormwater Management. Application for development in the SIRO Senior Inclusionary Residential Overlay Zone shall not be subject to § 53-5 or § 53-28 through § 53-38. Applications for development in the SIRO Senior Inclusionary Residential Overlay Zone shall comply with the stormwater management standards of the Residential Site Improvement Standards and N.J.A.C. 7:8.

(7) For the avoidance of doubt, development of permitted uses in the SIRO Senior Inclusionary Residential Overlay Zone shall constitute an Affordable Housing Development and be exempt from payment of Development Fees to the Affordable Housing Trust Fund pursuant to N.J.S.A. 52:27D-329.2 and § 107-95 through § 107-106 of the Borough Code. Under no circumstances will Borough Affordable Housing Trust Fund money be used for project.

(8) All Sections in Chapter 107 of the Borough Code shall apply to the SIRO Senior Inclusionary Residential Overlay Zone unless otherwise modified herein. Application may be made simultaneously for preliminary and final subdivision (minor or major) and/or site plan approval. Application for development to the Planning Board shall be deemed to also serve as application for an excavation and regrading permit, diversion permit, soil movement permit, grading, drainage and erosion control permit pursuant to Chapter 54, stormwater permit, tree removal permit, signs, retaining walls, fencing and sight line variances. The Planning Board has the authority to approve and issue, in conjunction with all other applicable agencies, excavation and regrading permits, diversion permit, stormwater permits, soil movement permits, grading, drainage, and erosion permits pursuant to Chapter 54, tree removal, signs, retaining walls, fencing, and sight line variance applications in connection with any development proposed via application in the SIRO Senior Inclusionary Residential Overlay District.

(9) Recognizing that because the existing structures have been refurbished periodically and as recently as 2003, the Tract is not a historic site, so no application or review by the Historic Preservation Commission shall be required in connection with any application for development.

(10) With the exception of such on and off-tract infrastructure necessary to provide potable water, wastewater, and stormwater service to permitted uses to be developed on the Tract, is further the intent of this section to not require off-site or off-tract improvements for development, unless the need for such improvements arise from the development and conditions within the Tract nor shall the approving authority require items deemed as "cost-generating" as prohibited by the Fair Housing Act (N.J.S.A. 52:27D- 314), or as further prohibited and defined by COAH Prior Round Regulations (N.J.A.C. 5:93-10.1 to 10.5). A developer of the Tract shall cooperate with the Borough, Essex County and all public entities, public utilities, and private entities and individuals to assess the impact of any proposed development of the Tract to assure the stability of existing utility and access points along the Green Brook.

(11) To the extent consistent with N.J.S.A. 40:55D-53, § 107- 42 (regarding performance guarantees and inspection fees) and § 88-47 (maintenance bond) of the North Caldwell Code shall apply.

E. Permitted principal uses area as follows:

(1) Market Rate Age-Restricted Stacked Flats.

(2) Market Rate Age-Restricted Townhouses.

(3) Affordable Age-Restricted Apartments.

(4) Affordable Non-Age-Restricted Apartments.

F. Accessory Uses.

(1) Required Uses Accessory to Residential Living Units are as follows. Market-rate Residential Living Required Accessory Uses shall utilize all or portions of or replace applicable amenities existing on the Tract.

(a) Clubhouse.

(b) Outdoor swimming pool.

(c) Fitness center.

(d) Outdoor patio/barbecue area.

(e) Dog Park.

(2) Permitted Accessory Uses to All Permitted Uses in the SIRO Senior Inclusionary Residential Overlay Zone are as follows:

(a) Signs.

(b) Buildings and uses customary and incidental to the principal use.

(c) Recreational facilities, clubhouse, lobbies, fitness facilities, outdoor barbecues, fire pits, gazebos, leasing and management offices, club rooms, lounges, libraries, business centers, game rooms, pool rooms, community gardens, rec rooms, children's play rooms, private theater rooms, community kitchens for tenant use, locker rooms, mail rooms, package storage areas, valet spaces, interior tenant amenities, provided that such amenities serve only the residents of the Tract and their guests.

(d) Attached private garages to the building in which they serve that are intended for the shelter and storage of motor vehicles and providing off-street parking.

(e) Mechanical Equipment.

(f) Sports facilities, including but not limited to, paddle, bocce, or similar courts, putting greens and swimming pools.

(g) Tennis courts.

(h) Playground facilities.

(i) Dog park or dog run.

(j) Storage spaces unattached to Residential Living Units, but used exclusively by occupants of Residential Living Units, which are incorporated into the Building where the user's Residential Living Unit is located.

(k) Waste and recycling receptacles and dumpster enclosures.

(l) Fences and walls.

(m) Surface parking.

(n) Home-based business operations as may be permitted by law.

(o) Maintenance facilities.

(p) Leasing Offices.

G. Height Restrictions. The following limitations on Building Height shall apply to each Permitted Use.

Permitted Use	Maximum Permitted Building Height
Market-Rate Age-Restricted Stacked Flats	2 Stories/40 feet
Age-Restricted Townhouses	3 Stories/45 feet
Age-Restricted and Non-Age Restricted Affordable Apartment Buildings	3 Stories/45 feet

H. Tract Requirements.

(1) The Tract may be subdivided into multiple Lots, such that each permitted use or a combination of permitted uses may be located on a separate lot. Notwithstanding the foregoing, the Tract shall be subdivided such that no Affordable Apartments shall be located on the same Lot as the Market Rate Age-Restricted Stacked Flats or the Market Rate Age-Restricted Townhouses. To the extent necessary, access, drainage, and utilities to subdivided lots within the Tract may be provided for via cross-easements. Any subdivision of land creating not more than three Lots shall be classified as a "Minor" subdivision, even in the event that a new road or utilities are to be extended to a Lot created by the subdivision.

(2) Tract Design Requirements. The exterior building materials of the Affordable Buildings on the Tract shall be the same as those utilized on the Market-Rate Buildings on the Tract.

(3) Impervious Coverage. Tract Impervious Coverage shall not exceed 33%.

(4) Encroachments. Provided that notwithstanding the following, no encroachment shall be permitted within 100 feet of residential lots in North Caldwell immediately adjacent to, but not included in the Tract, the following encroachments shall be permitted within required setbacks:

(a) Balconies, porches, appurtenances such as HVAC units, stationary generators, and pedestrian structures such as stairs, pads, roof overhangs may extend into any required setback by no greater than six feet.

(b) Decks, patios, and privacy partitions may extend into any required setback by no greater than 10 feet.

(c) Parking spaces, trash enclosures, and above and below ground storm water detention basins and/or facilities, shall be permitted within any setback required in the SIRO Senior Inclusionary Residential Overlay Zone, but shall be setback minimally five feet from all Internal Tract Lot Lines or Internal Roadway boundaries and 25 feet from public roads.

(d) Retaining walls, sidewalks, walkways, and lighting shall be permitted within any setback required in the SIRO Senior Inclusionary Residential Overlay Zone, but shall be setback minimally five feet from all Internal Tract Lot Lines, Tract, or road boundaries.

(e) Public and private streets, driveways, underground utilities as needed, and landscaping shall be permitted within any setback.

I. Municipal Boundary Lines. For the avoidance of doubt, setbacks shall be required from all municipal boundary lines.

J. Requirements for Residential Living Uses.

(1) Area, Yard and Bulk Requirements. The area, yard, and bulk requirements for the Residential Living Uses are as follows:

Minimum Residential Living Area	87 Acres
Maximum Residential Living Units	321
Minimum Building Setbacks from Green Brook Road.	100 Feet (Age-Restricted Townhouses) 200 Feet (Age-Restricted Stacked Flats) 100 Feet (Affordable Apartments)
Minimum Building Setbacks from Central Avenue.	100 Feet (Age-Restricted Townhouses) 200 Feet (Age-Restricted Stacked Flats)+n100 Feet (Affordable Apartments)
Minimum Building Setbacks:
From Internal Roadways	25 Feet
Building to Building	25 Feet
Internal Tract Lot Lines	25 Feet
Municipal Lot Line	25 Feet
Parking	2.0 spaces/Unit (Age-Restricted Townhouses and Stacked Flats) 1.5 spaces/Unit (Affordable Apartments)

(2) Buffer requirement. Buffer requirement. Where residential living uses abut an existing single-family residential lot or public right-of-way in North Caldwell, but outside of the tract, there shall be a one hundred-foot setback, which shall include a twenty-five-foot buffer immediately adjacent to such single-family lot, intended to provide year-round screening which may be composed of a combination of the following: berming, fencing, existing landscaping, vegetation and/or proposed landscaping, subject to Planning Board approval. Notwithstanding the foregoing, retaining walls, sidewalks, shielded lighting on public and private streets, driveways, underground utilities, and landscaping shall be permitted in such buffer.

K. Market-Rate Age Restricted Stacked Flats and Townhouse Requirements.

(1) Maximum Units. The total of all Market-Rate Age-Restricted Stacked Flats and Market-Rate Age-Restricted Townhouses may not exceed 271 Dwelling Units.

(2) Market-rate age restricted units shall have deed restrictions for such use.

(3) Townhouse units shall be "for sale" and including no more than three bedrooms in any configuration.

(4) Townhouse buildings shall include no more than five attached townhouse units.

(5) All townhouse units shall have either a first floor master suite or second floor master suites of at least 500 square feet, including a bathroom, closet and accessory and appurtenant spaces thereto.

L. Affordable Apartments Requirements.

(1) Affordable Non-Age-Restricted Units and Buildings Per Tract. Twenty-five Affordable Non-Age Restricted Family Rental Apartments shall be provided.

(2) Affordable Age-Restricted Units and Buildings Per Tract. The Total of Affordable Age-Restricted Apartments on the Tract shall be 25 age-restricted rental Dwelling Units.

(3) The Affordable Non-Age Restricted Units and Affordable Age-Restricted Units shall be located in two or more buildings, located on one or more Lots on the Tract. No other principal permitted use shall be located within a Building containing Affordable Apartments.

(4) Age-Restricted Affordable Units shall have deed restrictions for such use.

(5) Residents of the Affordable Age-Restricted Apartments shall have access to all site amenities available to Market-Rate Age-Restricted Units.

(6) The Affordable Buildings and/or Lots on which Affordable Buildings are located shall have amenities available solely to the Affordable Non-Age-Restricted Units. Residents of the Affordable Non-Age-Restricted Units shall not have the right to access the site amenities available to Age-Restricted Units.

(7) Washer and dryer facilities shall be provided in each individual affordable unit or in an area of the building intended to serve all residents of the building.

(8) Trash.

(a) Trash produced by the Affordable Apartments may be stored inside the Affordable Apartment building(s) and/or in outdoor trash containment areas.

(b) All outdoor trash containment areas must be enclosed with a six foot high enclosure to prevent windblown litter. The enclosure shall be opaque and constructed of materials consistent with the principal building(s) which it serves.

(c) Landscape plantings shall be located to blend the outdoor trash enclosures into the visual environment and obscure them from view.

M. Other Requirements.

(1) Utilities. Applicant(s) for development in the SIRO Senior Inclusionary Residential Overlay Zone shall be responsible for creating, extending or improving on- and off-site infrastructure necessary to provide adequate potable water, wastewater, and stormwater service to the lot, including control of stormwater generated by the development of the Tract, which is the subject of an application for development.

(2) Affordable Housing. In accordance with the FSHC Settlement Agreement, the Green Brook Settlement Agreement, the Borough's Affordable Housing Ordinance (Chapter 107, Article XVI of the Borough Code), the Borough's Housing Element and Fair Share Plan, and any applicable Order of the Court, including a Judgment of Compliance and Repose Order, the following requirements for Affordable Housing shall apply:

(a) Except as provided herein, all Affordable Apartments within the SIRO Senior Inclusionary Residential Overlay Zone shall comply with the Borough's Affordable Housing Ordinance at Article XVI, § 107-107 through § 107-128 of the Borough Code, applicable Council on Affordable Housing ("COAH") regulations, Uniform Housing Affordability Controls, N.J.A.C. 5:80:26-1 et seq. ("UHAC"), the Borough's Housing Element and Fair Share Plan, and any applicable Order of the Court, including a Judgment of Compliance and Repose Order. In the event of any conflict between the zoning for the SIRO Senior Inclusionary Residential Overlay Zone, and UHAC, the zoning for the SIRO Senior Inclusionary Residential Overlay Zone shall control, as long as it still complies with the Borough's Affordable Housing Ordinance (Chapter 107, Article XVI of the Borough Code).

(b) Deed Restrictions. All Affordable Apartments shall be deed restricted as Affordable to Very-Low, Low-, or Moderate-Income Households for a period of at least 30 years from the date of the initial occupancy of each Affordable Unit (the "Deed Restriction Period") in accordance with Section 107-116 of the Borough Code. All Age-Restricted Units shall be deed restricted to maintain their age-restricted status indefinitely.

(c) Income Distribution. Thirteen percent of the total number of Affordable Apartments must be for Very Low-Income Households, 37% shall be for Low-Income Households, and 50% of shall be for Moderate Income Households. This distribution shall be met both cumulatively across all Affordable Apartments (age-restricted and non-age-restricted), and separately for each of the Affordable Age-Restricted Apartments and Affordable Non-Age-Restricted Apartments.

(d) Number of Affordable Units. The developer shall provide a minimum of 50 affordable units to be incorporated in the development of the tract in accordance with the FSHC Settlement Agreement and the Green Brook Settlement Agreement. Twenty-five of the affordable units shall be family rental units in one building and 25 units shall be age-restricted senior rental units restricted to seniors (55 and over) located in a second building.

(e) Bedroom Distribution.

[1] Affordable Age-Restricted Apartments. Affordable Age-Restricted Apartments may be efficiency, one- or two-bedroom units, or any combination thereof, provided that the number of bedrooms shall equal the number of Affordable Age-Restricted Apartments. This standard may be met by one-bedroom units or by including a two-bedroom unit for each efficiency unit provided.

[2] Affordable Non-Age-Restricted Apartments. At least five Affordable Non-Age-Restricted Apartments shall be three bedroom units. No more than four of the Affordable Non-Age-Restricted Apartments shall be one-bedroom units. The remainder of the Affordable Non-Age-Restricted Affordable Apartments may be two or three bedroom units, or any combination thereof.

(f) Phasing Requirements. Construction of Affordable Apartments shall comply with N.J.A.C. 5:93-5.6(d) with the certificates of occupancy for market-rate dwelling units being phased with the certificates of occupancy for the affordable apartments in accordance with that regulation.

(g) Administrative Agent. Administration of Affordable Apartments shall be by a qualified and experienced third party administrative agent, which may be the administrative agent for the Borough of North Caldwell.

(h) Location Requirements. Within the SIRO Senior Inclusionary Residential Overlay Zone, Affordable units shall be located in two or more buildings. Such a building need not contain any market-rate units.

(i) Other Affordable Housing Unit Requirements. Developers shall also comply with all of the other requirements of the Borough's Affordable Housing Ordinance, including, but not limited to, (1) affirmative marketing requirements, (2) candidate qualification and screening requirements, and (3) adaptability requirements.

(3) Circulation.

(a) Roadways shall comply with Residential Site Improvement Standards.

(b) Sidewalks. Notwithstanding the Residential Site Improvement Standards, sidewalks shall be required on one side of Internal Roadways.

(c) All roadways for the Tract shall be located only within the Tract.

(d) The Fairfield Tract road network shall not connect directly to the interior road network of the North Caldwell Tract. The Fairfield Tract road network may connect to Old Mill Road.

(e) Primary tract access shall be provided on both West Greenbrook Road and Central Avenue.

(f) Upon site plan approval, the developer's agreement shall include the application of N.J.S.A. 39 to permit Borough to enforce motor vehicle and traffic regulations within the Tract.

(4) Residential Site Improvement Standards. To the extent any waiver, exemption, or exception is required from the Residential Site Improvement Standards due to an inconsistency with this zoning or otherwise, the Borough Planning Board may liberally grant such waiver, exemption, or exception as permitted by law so as to refrain from imposing cost-generative requirements upon the application and/or development as such requirements are not allowed as per the Fair Housing Act (N.J.S.A. 52:27D-314) and COAH Prior Round Regulations (N.J.A.C. 5.93-10.1 to 10.5).

(5) Retaining Walls and Fencing.

(a) Orientation toward Central Avenue or West Greenbrook Road. Any retaining wall, retaining wall tier, or fence oriented toward Central Avenue of West Greenbrook Road, and within 75 feet of Central Avenue or West Greenbrook Road shall be no more than eight feet in height, provided that there shall be a minimum distance between any retaining wall tiers of no less than 10 feet and all such walls or fences shall be screened with evergreen trees of a minimum height of six feet.

(b) Internal orientation. Any retaining wall, retaining wall tier, or fence oriented away from Central Avenue or West Greenbrook Road and away from any existing single-family residential lot, and more than 75 feet from Central Avenue or West Greenbrook Road shall be no more than 10 feet in height, provided that there shall be a minimum distance between any tiered walls of no less than eight feet.

(6) Landscaping. Landscaping shall be provided to promote a desirable visual environment, accentuate building design, define entranceways, provide screening for parking areas, garbage enclosures, buffer zones, and various equipment.

(a) A comprehensive landscape plan shall be prepared by a licensed landscape architect subject to Planning Board review and approval. Existing mature trees shall be preserved where practical. Within the buffers established by § 107-26.1I(2) and J(2), existing vegetation adjacent existing single-family residential uses and public roadways in North Caldwell, but outside of the Tract, shall be preserved where practical.

(b) The landscape plan shall provide for a variety of trees, shrubs, annual and/or perennial beds, groundcover, grasses and/or other plant material as determined by the Planning Board to be appropriate.

(c) Foundation plantings shall be installed along building walls, and where appropriate, porches and decks.

(d) Surface parking and loading areas shall be appropriately screened with landscape plantings.

(e) New parking areas containing 25 spaces or more shall have landscaped islands at least six feet in width to break up the expanse of pavement.

(f) Shade trees should be installed with a minimum caliper of 2.5 to three inches.

(g) Areas not improved with buildings, structures and other man-made improvements shall be landscaped, grassed, and/or provide functional recreation/open space.

(7) Shade Trees. Shade trees shall be planted at a distance of not more than 50 feet from each other along all Internal Roadways.

(8) Lighting.

(a) On-site lighting shall protect and enhance the character and quality of the surrounding neighborhood.

(b) LED (light-emitting diode) light of the soft white category shall be incorporated into site, service and parking lot lighting, not to exceed 3,500k.

(c) All exterior lights shall be designed so as to reduce glare, lower energy usage and direct lights only to where they are needed and away from existing residential homes.

(9) Signage. Within the SIRO Senior Inclusionary Residential Overlay Zone, the following shall apply:

(a) Ground signs. One site identification ground sign shall be permitted at each entrance to the tract from a public roadway outside of the tract and one ground sign shall be permitted for each distinct permitted use at their respective entrances within the tract.

[1] The face of each such ground sign shall not exceed 45 square feet in area, exclusive of any monument or structure to which the sign is affixed. The maximum height of a ground sign from the ground, including base support, shall be six feet. The sign may be internally or externally illuminated, provided the sign shall not incorporate digital messaging, scrolling, animation, or flashing elements. The sign materials and design should complement the architecture of the associated principal Buildings.

[2] Each such ground sign shall be set back a minimum distance of 10 feet from any Internal Roadway or public street so as to preserve sight triangles.

(b) Wall signs. Wall signs for purposes of address and unit number identification shall be permitted. No other wall signs shall be permitted.

(c) Directional signs not to exceed four square feet shall be permitted where it is determined that such signage promotes the safe circulation of vehicles onsite.

(d) Temporary banners, pennants, and bunting. Banners, streamers, pennants and/or bunting used for sales or marketing purposes shall be permitted, provided they do not exceed four feet in height and do not impair traffic or create potential driver distraction. Such temporary signs shall only be permitted at each entrance to the Tract from a public roadway outside of the Tract, and may otherwise be permitted within the Tract at minimum setbacks of 50 feet from adjacent public roadways and properties outside the Tract and 25 feet from other temporary signs. Temporary signs shall be permitted for an initial period of one year at the commencement of unit leasing/sales, after which requests for extensions may be submitted to the borough for review and approval.

(e) The area of sign shall be computed as the total square footage encompassing the lettering, illustration, logo or display, including any background, wall support, frame, base or other supporting element. If there is no circumscribed background, the sign area shall be computed as the product of the extreme limits of the lettering, illustration or display. This shall not be construed to include the base or supporting members of any sign which are used solely for such purpose. For signs with two display faces, the maximum area requirement shall be permitted on each side. Signs with more than two display faces are prohibited.

(10) Inapplicable Provisions. The following sections of the North Caldwell Zoning and Land Use Ordinance shall not apply to developments in the SIRO Senior Inclusionary Residential Overlay Zone.

(a) Section 107-13 (regarding location of buildings) shall not apply in the SIRO Senior Inclusionary Residential Overlay Zone because it is not intended for the multifamily residential development contemplated in the SIRO Senior Inclusionary Residential Overlay Zone.

(b) In lieu of § 107-14 regarding tree removal, § 107-26.1.D(1), discussing the application requirement to include a delineation of certain New Jersey Department of Environmental Protection regulated features and certain wooded areas, and O(6), discussing landscaping and tree preservation, of this section applies. Additionally, wooded areas of the Tract that are designated as wetland buffers or riparian buffers are otherwise required to be preserved pursuant to the New Jersey Department of Environmental Protection statutes and regulations.

(c) In lieu of § 107-15 regarding topsoil removal, § 107-26.1.D(8) of this section discussing applications for soil movement and drainage and erosion control permits applies.

(d) In lieu of § 107-16 regarding retention of natural features, § 107-26.1O(5)(b) and the New Jersey Department of Environmental Protection rules and regulations shall govern the retention and preservation of natural features, including brooks, rocks, drainage channels, and views.

(e) All roads to be constructed within the Tract shall remain private, meaning that they will not be dedicated to the municipality at any point in time. As such, the requirement in § 107-17 is not applicable to development in the SIRO Senior Inclusionary Residential Overlay Zone.

(f) In lieu of § 107-20 regarding residential parking requirements, § 107-26.1I(3) and J(1) of this section, which provide the required number of parking spaces, and Residential Site Improvements Standards shall apply. Section 107-20 shall apply to nonresidential uses of, and commercial parking on, the tract. Notwithstanding the foregoing, nonresidential uses on the tract shall not be required to increase the number of parking spaces as exist at the time of the adoption of this section, unless application is made and approved to (i) increase the square footage of the clubhouse, including any banquet facility and restaurant, beyond the square footage existing as of December 11, 2018, or (ii) to grant a use variance pursuant to N.J.S.A. 40:55D-70d.

(g) Given the topography of the tract and the IRO Inclusionary Residential Zoning requirement for the inclusion of affordable housing and provided a detailed soil erosion and sediment control plan is submitted with an application for development pursuant to § 107-26.1D(8) of this section, the New Jersey Department of Environmental Protection statutes and regulations regarding flood hazard areas shall apply in lieu of § 107-30. The aforementioned soil erosion and sediment control plan shall incorporate temporary sediment basins and other temporary drainage structures, which shall be constructed in accordance with a construction sequencing plan approved by the Borough. Such structures shall remain in place until permanent drainage structures are completed. Said plans shall comply with the statutes, rules, regulations, and requirements of the New Jersey Environmental Protection and the Hudson- Essex-Passaic Soil Conservation District.

(h) In lieu of § 107-31 regarding signage, § 107-26.1O(9) of this section discussing the signage requirements within the SIRO Senior Inclusionary Residential Overlay Zone applies. In lieu of § 107-32 regarding fences and retaining walls, § 107-26.1O(5) of this section discussing the retaining wall and fencing requirements in the IRO Inclusionary Residential Overlay Zone applies.

(i) In lieu of § 107-46, regarding street design, and in lieu of § 107-48 regarding lot design, § 107-26.1H, regarding subdivision of the tracts, I, regarding the bulk requirements for an assisted living facility, J, regarding the bulk requirements for residential living uses, K, regarding the bulk requirements for market-rate age-restricted stacked flats and townhouses and L, regarding the bulk requirements for market-rate non-age-restricted townhouses, apply.

(j) For the avoidance of doubt, a pergola with a closable roof shall not constitute a "Building" in the SIRO Zone.

[1] Editor's Note: Ord. No. O-25-2023 replaced the IRO Inclusionary Residential Overlay Zone, previously codified at § 107-26.1, with the SIRO Senior Inclusionary Residential Overlay Zone.

§ 107-27 P.I.P. Planned Industrial Park District.

A. In the P.I.P. District, a building or group of buildings may be erected or used and a lot may be used or occupied for any of the following nonnuisance manufacturing, research, office and processing uses not specifically prohibited by § 107-19 of this article, and no other:

(1) Laboratory for scientific or industrial research or testing, including experimentation and project development, but not involving danger from fire or explosion.

(2) Headquarters or branch office building, constructed for and occupied solely by a single company or affiliated member of a single corporate family for administrative or management activities, including data processing and records storage.

(3) Assembly of jewelry from precious or rare stones and metals; professional, engineering and scientific precision instruments; optical goods; clothing and textile products, not including hosiery; and clocks and watches.

(4) Assembly of small office equipment, machinery and electrical appliances, such as lighting fixtures, toasters and fans, and small industrial and electronic instruments and devices, including the incidental manufacture of small parts.

(5) Manufacture of small or novelty products from previously prepared materials, such as bone, canvas, glass, horn and paper.

(6) Printing or publishing establishment.

(7) Indoor storage building or warehouse, not to include, however, truck terminal or similar establishment.

(8) Governmental and public utility use as permitted in the Office District.

B. Accessory use on the same lot with and customarily incidental to any of the above permitted uses and not detrimental to the neighborhood, including storage in a completely enclosed building or as permitted in a cafeteria located within a building and operated by the employer for the exclusive use of employees; employee recreational area; living quarters for watchmen, caretakers or similar employees; signs pursuant to the provisions of § 107-31 of this article; and private garage or parking area pursuant to the provisions of § 107-20 of this article.

C. Area and height regulations. In any P.I.P. District, the following area and height regulations shall apply:

(1) Lot area and lot width. Each permitted principal use or combination of uses permitted on a lot shall have a minimum lot area of not less than two acres, and each such lot shall have a lot width at the curbline of not less than 200 feet.

(2) Lot coverage and floor area. The lot coverage shall not exceed 40%, inclusive of accessory structures, and the total floor area of all buildings on the lot shall not exceed 50% of the lot area.

(3) Building placement. No building shall be located less than 50 feet from a street line or less than 30 feet from a side or rear property line.

(4) Height. No building or structure shall exceed 35 feet or two stories in height.

(5) Accessory buildings. No accessory building shall be built upon any lot on which there is no principal building or structure. No accessory building shall exceed the height of the principal building or structure. Accessory buildings shall be located at least 15 feet from any side or rear lot line and shall be at least 10 feet from the rear building line of the principal building. Every accessory building shall be everywhere distant at least 70 feet from the street line.

D. Specific regulations. The P.I.P. District is designed primarily to provide for modern, light, nonnuisance research, office and processing uses which do not detract from the residential or nonindustrial character of surrounding areas. Therefore, in addition to the applicable provisions of other general regulations of this chapter, the following specific regulations should apply:

(1) Each use permitted in the district shall be conducted within a completely enclosed building or within an inner court, except for parking and loading. Outdoor storage may be allowed in conjunction with a permitted use if the area used for storage is located or screened so as not to be visible from an adjoining property line or street.

(2) The area surrounding each permitted building or structure shall be suitably and attractively landscaped, and each building shall be designed so as to minimize external evidence of the nature of the operation conducted therein.

(3) No product regularly produced shall exceed one ton in weight, unless authorized by the Board of Adjustment as a use variance.

(4) All equipment shall be operated by electric power, oil, gas or other smokeless fuel, and each use shall provide and utilize such smoke, odor, dust or other control devices as are necessary to assure that the use will not constitute an objectionable condition and will comply with state standards.

(5) No products or goods shall be publicly displayed on the premises nor shall a retail establishment be permitted.

(6) Liquid or solid wastes. No industrial operation shall discharge untreated industrial wastes of any kind into any reservoir, pond or lake. The discharge of untreated wastes into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough Health Department and New Jersey Department of Environmental Protection. Effluents shall at all times comply with the following standards and any applicable federal, state and/or municipal standards. No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors or discolor, poison or otherwise pollute the stream in any way.

(7) Along any residence zone boundary line in the Borough or any similar zone boundary line in an adjoining municipality, a buffer area shall be provided which shall be not less than 70 feet in width. The required area shall be measured from the boundary line or from the street line where the street constitutes the boundary line. The 30 feet of such buffer space nearest the zone of the Borough boundary line shall be used only as a buffer planting strip on which shall be placed shrubbery, trees or other suitable plantings sufficient to constitute an effective screen. Where a street constitutes the boundary, a screen effect will not be required. The remaining 40 feet of space may be used for off-street parking or for any permitted purpose other than a building or permanent structure or any processing activity.

(8) Where necessary, adequate provision shall be made to supplement public fire-fighting facilities.

(9) Radioactivity. No activities shall be permitted which cause radioactivity in violation of 10 CFR 1.20, Standards for Protection Against Radiation, dated June 16, 1957, or any subsequent revision or amendment thereto.

(10) Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments. Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by the Manufacturing Chemists Association, Inc., Washington, D.C., or the latest approved revision thereof, shall be utilized as a guide in determining such quantities of offensive odors.

(11) Each use shall comply with the provisions of Article IV concerning site plan review prior to the issuance of any necessary building permit.

E. Parking requirements. Parking and loading spaces shall be as set forth in § 107-20 of this article.

§ 107-28 RAD Redevelopment Area District. (Ord. No. 1-01; Ord. No. 9-13) [1]

A. Legislative findings and purpose. The purpose of this section is to implement the Settlement Agreement by adopting the Amended North Caldwell Hilltop Redevelopment Plan, which shall supersede the provisions of this chapter with respect to the Redevelopment Area District.

B. Proposed land uses. The land uses in the Redevelopment Area District as set forth in the Redevelopment Plan shall consist of a reservation/conservation zone dedicated to low-impact recreation and public education uses; a municipal recreation zone dedicated to active and passive recreation uses; a residential zone; and a senior housing zone dedicated to assisted living or age-restricted housing. The Redevelopment Area District shall be developed in accordance with the standards detailed in the Redevelopment Plan.

[1] Editor's Note: Ordinance Nos. 1-01 and 9-13 adopting and modifying the Hilltop Redevelopment Plan can be found on file in the Borough Offices.

§ 107-28.1 BAO Bloomfield Avenue Overlay District.

BAO Map

O-10-19 Bloomfield Avenue Overlay MAP.pdf 

2023-07-31

[Added 8-13-2019 by Ord. No. O-10-19]

A. Purpose. The purpose of the BAO Bloomfield Avenue Overlay District is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of North Caldwell, and thereby help to address the fair share housing obligation of the Borough of North Caldwell under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on December 11, 2018, the Borough's Housing Element and Fair Share Plan, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. The BAO Bloomfield Avenue Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential above the ground floor; however, developers shall also have the option of developing in accordance with the underlying zone standards.

B. Permitted uses. The uses permitted in the BAO Bloomfield Avenue Overlay District shall be identical to those uses permitted in the Office District as set forth at § 107-25A; provided, however, that any developer that elects to develop in accordance with the BAO Bloomfield Avenue Overlay District standards as set forth hereinbelow shall be required to provide residential apartments above the first floor of all buildings.

C. Accessory uses. Permitted accessory uses in the BAO Bloomfield Avenue Overlay District shall be identical to those accessory uses permitted in the Office District as set forth at § 107-25B. In addition, permitted accessory uses in the BAO Bloomfield Avenue Overlay District shall include those accessory uses that are customary and incidental to residential apartments, including but not limited to community rooms and other ancillary uses to serve only the residents of the development. The requirements for permitted accessory uses shall be consistent with those set forth at § 107-25B.

D. Affordable housing requirements.

(1) All developments constructed in accordance with the BAO Bloomfield Avenue Overlay District standards shall be required to set aside a minimum percentage of the required residential apartment units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.

(2) All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Regulations at Article XVI of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. This includes, but is not limited to, the following requirements for all affordable units:

(a) Low/moderate income split: A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units within each bedroom distribution, which shall be counted as part of the required number of low-income units within the development.

(b) Bedroom mix: If the development is not age-restricted, the following bedroom mix shall apply:

[1] The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

[2] At least 30% of all low- and moderate-income units shall be two-bedroom units;

[3] At least 20% of all low- and moderate-income units shall be three-bedroom units; and

[4] The remaining units may be allocated among two-and three-bedroom units at the discretion of the developer.

(c) Deed restriction period: All affordable units shall be deed restricted for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "Deed-Restriction Period"). The affordability controls shall expire only after they are properly released by the Borough and/or the Borough's administrative agent at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11 for rental units or N.J.A.C. 5:80-26.5 for for-sale units.

(d) Administrative agent: All affordable units shall be administered by a qualified administrative agent paid for by the developer, which may or may not be the Borough's administrative agent.

(e) Other affordable housing unit requirements: Developers shall also comply with all of the other requirements of the Borough's Affordable Housing Regulations at Article XVI, including, but not limited to, 1) affirmative marketing requirements, 2) candidate qualification and screening requirements, 3) integrating the affordable units amongst the market-rate units, and 4) unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.

E. Area and bulk requirements. The area and bulk requirements for developers electing to build in accordance with the BAO Bloomfield Avenue Overlay District standards are set forth below. For developers not electing to build in accordance with the BAO Bloomfield Avenue Overlay District standards, the area and bulk regulations of the underlying zoning shall remain in full force and effect.

(1) Minimum front footage: 150 feet at the curbline.

(2) Minimum lot size: 22,500 square feet.

(3) Minimum front yard setback: 20 feet.

(4) Minimum side yard setback (each): 10 feet.

(5) Minimum combined side yard setback: 40 feet.

(6) Minimum rear yard setback: 15 feet.

(7) Maximum building coverage: 35% of total lot size.

(8) Maximum impervious coverage: 80% of total lot size.

(9) Maximum density: 10 dwelling units per acre.

(10) Maximum building height: 35 feet. Cooling towers, water storage towers, light stanchions, air conditioners and other rooftop structures shall be specifically regulated by the municipal agency, giving due consideration to the nature and characteristics of the building, the topography of the land on which it is situated and the general characteristics of the land surrounding the area.

F. Additional requirements. The following additional requirements shall be complied with for developers electing to build in accordance with the BAO Bloomfield Avenue Overlay District standards.

(1) The additional requirements set forth at § 107-25E shall be complied with.

(2) Dwelling units.

(a) Dwelling units shall only be located above the ground floor, except that ground-floor areas used for access to such uses shall be permitted.

(b) Any dwelling unit shall contain a minimum habitable floor area of 600 square feet.

(c) The gross floor area devoted to residential use, including hallways and other common areas accessory to the residential use, shall not exceed 2/3 of the total gross floor area of the building within which the residential use is located.

(3) Off-street parking and loading.

(a) The minimum number of off-street parking spaces to be provided shall be consistent with the requirements set forth at § 107-20D; with the exception, however, that permitted residential apartments shall be provided with off-street parking spaces consistent with the Residential Site Improvement Standards (N.J.A.C. 5:21).

(b) The location and buffering requirements for the proposed parking area shall be consistent with those set forth at § 107-20E.

(c) Off-street loading shall be consistent with the requirements set forth at §§ 107-20F and 107-25B(1)(b).

(4) Stormwater detention. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect properties or the public storm drainage system. Stormwater shall be removed from all roofs, canopies and paved areas and carried away in an efficient and approved manner. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved areas.

§ 107-28.2 FRO Fairfield Road Overlay District.

[Added 8-13-2019 by Ord. No. O-11-19]

A. Purpose. The purpose of the FRO Fairfield Road Overlay District is to create a realistic opportunity for the construction of low- and moderate-income housing in a suitable portion of the Borough of North Caldwell, and thereby help to address the fair share housing obligation of the Borough of North Caldwell under the New Jersey Fair Housing Act ("FHA"), applicable Council on Affordable Housing ("COAH") regulations, the settlement agreement entered into between the Borough and Fair Share Housing Center ("FSHC") on December 11, 2018, the Borough's Housing Element and Fair Share Plan, which may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. The FRO Fairfield Road Overlay District encourages the development of low- and moderate-income housing by allowing for inclusionary multifamily residential; however, developers shall also have the option of developing in accordance with the underlying zone standards.

B. Permitted uses. The uses set forth below shall be permitted as a development alternative to the underlying zoned uses allowed by this chapter, but shall not replace the underlying zoning district. The principal permitted uses in the FRO Fairfield Road Overlay District are as follows:

(1) Single-family attached dwellings; and

(2) Multifamily apartments.

C. Accessory uses. Permitted accessory uses shall include any other accessory use that is customary and incidental to the permitted uses in the FRO Fairfield Road Overlay District, including but not limited to signs, solid waste storage enclosures, community rooms, and other ancillary uses to serve only the residents of the complex.

D. Affordable housing requirements.

(1) All single-family attached and multifamily apartment developments constructed in the FRO Fairfield Road Overlay District shall be required to set aside a minimum percentage of units for affordable housing. Where units will be for sale, the minimum set-aside shall be 20%. Where units will be for rent, the minimum set-aside shall be 15%. When calculating the required number of affordable units, any computation resulting in a fraction of a unit shall be rounded upwards to the next whole number.

(2) All affordable units to be produced pursuant to this section shall comply with the Borough's Affordable Housing Regulations at Article XVI of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC")(N.J.A.C. 5:80-26.1 et seq.), or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the Court, including a Judgment of Compliance and Repose Order. This includes, but is not limited to, the following requirements for all affordable units:

(a) Low/moderate income split: A maximum of 50% of the affordable units shall be moderate-income units and a minimum of 50% of the affordable units shall be low-income units. At least 13% of all restricted rental units shall be very-low-income units within in each bedroom distribution, which shall be counted as part of the required number of low-income units within the development.

(b) Bedroom mix: If the development is not age-restricted, the following bedroom mix shall apply:

[1] The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

[2] At least 30% of all low- and moderate-income units shall be two-bedroom units;

[3] At least 20% of all low- and moderate-income units shall be three-bedroom units; and

[4] The remaining units may be allocated among two and three-bedroom units at the discretion of the developer.

(c) Deed restriction period: All affordable units shall be deed restricted for a period of at least 30 years from the date of the initial occupancy of each affordable unit (the "Deed-Restriction Period"). The affordability controls shall expire only after they are properly released by the Borough and/or the Borough's administrative agent at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11 for rental units or N.J.A.C. 5:80-26.5 for for-sale units.

(d) Administrative agent: All affordable units shall be administered by a qualified administrative agent paid for by the developer.

(e) Other affordable housing unit requirements: Developers shall also comply with all of the other requirements of the Borough's Affordable Housing Regulations at Article XVI, including, but not limited to, 1) affirmative marketing requirements, 2) candidate qualification and screening requirements, 3) integrating the affordable units amongst the market rate units, and 4) unit phasing requirements. Developers shall ensure that the affordable units are dispersed between all of the buildings on its site, and shall identify the exact location of each affordable unit at the time of site plan application.

E. Area and bulk requirements. The area and bulk requirements for the uses allowed in the FRO Fairfield Road Overlay District are set forth below. The bulk regulations of the underlying zoning district shall remain in full force and effect for development devoted exclusively to underlying zoning district permitted uses.

(1) Minimum lot area: 35,000 square feet.

(2) Minimum lot width: 100 feet.

(3) Minimum front yard setback: 30 feet.

(4) Minimum side yard setback: 30 feet.

(5) Minimum rear yard setback: 30 feet.

(6) Minimum distance between buildings: 20 feet.

(7) Maximum building height: 35 feet.

(8) Maximum building coverage: 25%.

(9) Maximum impervious coverage: 55%.

(10) Maximum density: 10 dwelling units per acre.

(11) Minimum buffer width along side and rear lot lines: 15 feet.

F. Additional requirements.

(1) Off-street parking requirements. Off-street parking for development in the FRO Fairfield Road Overlay District shall be provided in accordance with the following:

(a) The minimum number of off-street parking spaces shall be as set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21).

(b) All parking areas, including drive aisles, shall be located a minimum of 10 feet from buildings and a minimum of 15 feet from property lines. Parking spaces are prohibited in the front yard. Under-building parking and attached garages shall be permitted, provided that same are oriented to the side or rear of the property and are not visible from the public right-of-way.

(c) All parking areas shall be designed in accordance with the applicable provisions of § 107-20 of this chapter.

(d) Adequate fire and emergency access must be provided subject to the Borough of North Caldwell Fire Department.

(e) On-site parking shall not be provided for any use or to any party other than a resident or visitor of the site, nor shall parking areas be used for any purpose other than parking.

(f) Signage shall be provided where parking spaces are to be reserved for residents. Visitor parking shall be signed and painted for each space designated for such a purpose.

(g) Adequate parking facilities for accessibility to people with mobility impairments shall be provided as required by the Americans with Disabilities Act (ADA).

(2) Buffer requirements.

(a) A minimum planted buffer area of 15 feet shall be planted along all side and rear lot lines. The buffer area shall be used only as a buffer planting strip on which shall be placed evergreen trees, shrubbery, berms, hedges, fencing and/or other suitable elements sufficient to constitute an effective screen.

(b) Buffers shall provide a year-round visual screen in order to minimize adverse impacts from the site on adjacent properties or from adjacent areas. If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings and/or fencing to provide the required landscaped screen.

(c) No structure, activity, storage of materials, drive aisles or parking spaces shall be permitted in the buffer area, other than the crossing of utilities or nonstructural stormwater measures.

(d) Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material that does not live shall be replaced within one year or one growing season, provided all landscape plans as approved shall be continually complied with.

(3) Signs. Signs are permitted and shall be subject to the requirements outlined under § 107-31 of this chapter.

(4) Fences and retaining walls. Fences and retaining walls are permitted and shall be subject to the requirements outlined under § 107-32 of this chapter.

(5) Refuse and recycling. All refuse and recycling material shall be stored at all times in airtight covered containers which shall be kept in a centrally located, concealed area. They may be stored in private garages or outside of buildings. If the materials are stored outside, they must be kept in a permanent enclosure with a latching gate in a centrally located, concealed area approved by the Planning Board. Where an enclosure is visible from the public right-of-way, it shall be supplemented with a hedge and/or other suitable plantings to provide an effective screen.

(6) Lighting.

(a) Adequate lighting shall be provided for all common areas and pedestrian walkways.

(b) All lighting fixtures shall be so arranged so that the direct source of light is not visible from any adjacent residential properties, as approved by the Planning Board.

(c) A lighting plan shall be prepared to allow a determination of lighting impacts on adjacent properties and public rights-of-way.

(7) Sidewalks. Sidewalks shall be provided along Fairfield Road at a minimum width of five feet.

(8) General design standards.

(a) Design: Building plans and elevations shall show a variation in design to be achieved by the types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade that is utilized. The following design standards shall be utilized:

[1] Architectural elements such as varied roof forms, articulation of the facade, breaks in the roof, and walls with texture materials and ornamental details should be incorporated to add visual interest.

[2] Roof height, pitch, ridgelines and roof materials should be varied to create visual interest and avoid repetition.

[3] Architectural elements such as fenestrations and recessed planes should be incorporated into facade design. Architectural treatment shall be applied to all elevations of a building.

[4] A variety of building colors, materials and textures are encouraged.

[5] Architectural features that enhance the facade or building form, such as decorative moldings, windows, shutters, dormers, chimneys, balconies and railings, are encouraged.

(b) Equipment: Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be painted the same color as the roof and, where possible, located to the rear of the building, away from the public view.

(c) Accessory buildings: Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings. All accessory buildings shall be subject to the same minimum yard requirements as principal buildings.

§ 107-29 Nonconforming uses.

A. Continuance. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.

B. Conformance with requirements. Nonconforming uses or structures in all zone districts shall conform to the following requirements:

(1) Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.

(2) There shall be no structural alterations made to any nonconforming building or structure that is nonconforming because of use. Structural alterations may be made in a building which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, so long as the structural alteration does not extend, enlarge or aggravate the nonconformance.

(3) A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of the building declared unsafe by the Construction Official, the Chief of the Fire Department or the Borough Engineer.

(4) In the event that there shall be a cessation of operation of any nonconforming use for a period of six consecutive calendar months, the same shall be a rebuttable presumption of an intent to abandon such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use, the provisions of this § 107-29 notwithstanding, shall be presumptively deemed a violation of the terms of this chapter.

(5) Nothing in this chapter shall be construed as authorization for an approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect immediately preceding the time of the effective date of this chapter.

(6) Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter shall not be changed or altered to enlarge the nonconformance.

C. Restoration and alterations.

(1) Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God or of any public enemy or the like.

(2) Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter and which is partially destroyed by fire, explosion, act of God or of any public enemy or the like; provided, however, that any restoration of any such building or structure shall not enlarge the previously existing nonconformance.

D. Applicability of provisions in district changes. Whenever the boundaries of a district shall be changed so as to transfer to area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

§ 107-30 Development controls within flood-prone areas and excessive slope areas.

[Amended 6-27-2023 by Ord. No. O-10-2023[1]]

[1] Editor's Note: § Excessive Slope Areas, previously codified as § 107-30B, was renumbered to § 107-30.2 with the codification of Ord. No. O-10-2023.

§ 107-30.1 Flood Damage Prevention.

[Amended in entirety 6-27-2023 by Ord. No. O-10-2023. Prior history includes Ord. No. 14-87; Ord. No. 12-07; and Ord. No. O-3-20]

§ 107-30.1-101 SCOPE AND ADMINISTRATION.

§ 107-30.1-101.1 Title.

These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of Borough of North Caldwell (hereinafter "these regulations").

§ 107-30.1-101.2 Scope.

These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in § 107-30.1.102 of these regulations.

§ 107-30.1-101.3 Purposes and objectives.

A. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

(1) Protect human life and health.

(2) Prevent unnecessary disruption of commerce, access, and public service during times of flooding.

(3) Manage the alteration of natural floodplains, stream channels and shorelines;

(4) Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

(5) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

(6) Contribute to improved construction techniques in the floodplain.

(7) Minimize damage to public and private facilities and utilities.

(8) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

(9) Minimize the need for rescue and relief efforts associated with flooding.

(10) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

(11) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

(12) Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.

§ 107-30.1-101.4 Coordination with Building Codes.

Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Borough of North Caldwell administer and enforce the State building codes, the Mayor and Council of Borough of North Caldwell does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

§ 107-30.1-101.5 Ordinary building maintenance and minor work.

Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement § 107-30.1-103.14 of this section.

§ 107-30.1-101.6 Warning.

The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

§ 107-30.1-101.7 Other laws.

The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.

§ 107-30.1-101.8 Violations and penalties for noncompliance.

No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this section or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

Each day in which a violation of this section exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Any person who is convicted of violating this section within one year of the date of a previous violation of this section and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the violation of this section.

§ 107-30.1-101.8.1 Solid waste disposal in a Flood Hazard Area.

Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this section or fails to comply with any of its requirements shall upon conviction thereof be fined at a minimum not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

§ 107-30.1-101.9 Abrogation and greater restrictions.

These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

§ 107-30.1-102 APPLICABILITY.

§ 107-30.1-102.1 General.

These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

§ 107-30.1-102.2 Establishment of Flood Hazard Areas.

A. The Borough of North Caldwell was accepted for participation in the National Flood Insurance Program on April 3, 1985.

The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the office of the Borough Engineer, Borough of North Caldwell, 141 Gould Avenue, North Caldwell, NJ 07006.

The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:

(1) Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study Essex County, New Jersey (All Jurisdictions)" dated April 3, 2020 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose effective date is April 3, 2020 are hereby adopted by reference.

Table 102.2(1)
Map Panel #	Effective Date	Suffix	Map Panel #	Effective Date	Suffix
34013C0019	April 3, 2020	G	34013C0082	April 3, 2020	G
3413C0084	June 4, 2007	F	34013C0101	June 4, 2007	F

(2) Federal Best Available Information. Borough of North Caldwell shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this section must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

Table 102.2(2)
Map Panel #	Preliminary Date	Map Panel #	Preliminary Date
None as of the date of this section

(3) Other Best Available Data. Borough of North Caldwell shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Borough of North Caldwell. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Section § 107-30.1-102.2A(1) and (2), above. This information shall be used for floodplain regulation purposes only.

(4) State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation", as defined in § 107-30.1-201, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.

Table 102.2(3) List of State Studied Waters
Name of Studied Water	File Name	Map Number
Peckmans River Tributary	AB000010	L-6
Green Brook	E0000001	DWG. NO. 1
Green Brook	E0000002	DWG. NO. 2
Green Brook, Kane Brook	E0000027	H-6
Kane Brook	E0000028	H-7
Passaic River	G0000008	Q-18
Green Brook, Deepavaal Brook	G0000017	P-18
Passaic River	G0000067	R-18
Passaic River	AB000062p	62P
Passaic River	G0000056p	PR-1, DVBL-1

§ 107-30.1-102.3 Establishing the Local Design Flood Elevation (LDFE).

A. The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in § 107-30.1-102.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this section.

At a minimum, the Local Design Flood Elevation shall be as follows:

(1) For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in § 107-30.1-102.2, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or

(2) For any undelineated watercourse (where mapping or studies described in § 107-30.1-102.2A(1) and (2) above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:

(a) A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or

(b) A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 107-30.1-105.2-3.

(3) AO Zones - For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is three feet above the highest adjacent grade.

(4) Class IV Critical Facilities - For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.

(5) Class III Critical Facilities - For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional one foot of freeboard in accordance with ASCE 24.

§ 107-30.1-103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.

§ 107-30.1-103.1 Floodplain administrator designation.

The Borough Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

§ 107-30.1-103.2 General.

The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 107-30.1-107 of these regulations.

§ 107-30.1-103.3 Coordination.

The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

§ 107-30.1-103.4 Duties.

A. The duties of the Floodplain Administrator shall include but are not limited to:

(1) Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 107-30.1-102 of these regulations.

(2) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

(3) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

(4) Determine whether additional flood hazard data shall be obtained or developed.

(5) Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.

(6) Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 107-30.1-103.14 of these regulations.

(7) Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

(8) Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to § 107-30.1-107 of these regulations.

(9) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

(10) Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

(11) Inspect development in accordance with § 107-30.1-106 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

(12) Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 107-30.1-107 of these regulations.

(13) Cite violations in accordance with § 107-30.1-108 of these regulations.

(14) Notify the Federal Emergency Management Agency when the corporate boundaries of Borough of North Caldwell have been modified.

(15) Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in § 107-30.1-102.2.

§ 107-30.1-103.5 Use of changed technical data.

The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

§ 107-30.1-103.6 Other permits.

It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

§ 107-30.1-103.7 Determination of local design flood elevations.

A. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

(1) Obtain, review, and reasonably utilize data available from a Federal, State, or other source, or

(2) Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in § 107-30.1-102.2 and § 107-30.1-102.3 respectively. This information shall be provided to the Construction Official and documented according to § 107-30.1-103.15.

§ 107-30.1-103.8 Requirement to submit new technical data.

Base Flood Elevations may increase or decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

§ 107-30.1-103.9 Activities in riverine flood hazard areas.

In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.

§ 107-30.1-103.10 Floodway encroachment.

Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

§ 107-30.1-103.10.1 Floodway revisions.

A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

§ 107-30.1-103.11 Watercourse alteration.

Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

§ 107-30.1-103.11.1 Engineering analysis.

The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

§ 107-30.1-103.12 Alterations in coastal areas.

The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

§ 107-30.1-103.13 Development in riparian zones.

All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this section unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this section. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

§ 107-30.1-103.14 Substantial improvement and substantial damage determinations.

A. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

(1) Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

(2) Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 107-30.1-101.5, performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.

(3) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

(4) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

(5) Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.

§ 107-30.1-103.15 Department records.

In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.

§ 107-30.1-103.16 Liability.

The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

§ 107-30.1-104 PERMITS.

§ 107-30.1-104.1 Permits required.

Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

§ 107-30.1-104.2 Application for permit.

A. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

(1) Identify and describe the development to be covered by the permit.

(2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

(3) Indicate the use and occupancy for which the proposed development is intended.

(4) Be accompanied by a site plan and construction documents as specified in § 107-30.1-105 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.

(5) State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.

(6) Be signed by the applicant or the applicant's authorized agent.

§ 107-30.1-104.3 Validity of permit.

The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

§ 107-30.1-104.4 Expiration.

A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

§ 107-30.1-104.5 Suspension or revocation.

The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

§ 107-30.1-105 SITE PLANS AND CONSTRUCTION DOCUMENTS.

§ 107-30.1-105.1 Information for development in flood hazard areas.

A. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:

(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.

(2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 107-30.1-105.2.

(3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 107-30.1-105.2A(3) of these regulations.

(4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.

(5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

(6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.

(7) Extent of any proposed alteration of sand dunes.

(8) Existing and proposed alignment of any proposed alteration of a watercourse.

(9) Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

§ 107-30.1-105.2 Information in flood hazard areas without base flood elevations (approximate Zone A).

A. Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

(1) Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.

(2) Obtain, review, and reasonably utilize data available from a Federal, State or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.

(3) Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.

Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.

§ 107-30.1-105.3 Analyses and certifications by a licensed professional engineer.

A. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:

(1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 107-30.1-105.4 of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

(2) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

(3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 107-30.1-105.4 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.

(4) For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.

(5) For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).

§ 107-30.1-105.4 Submission of additional data.

When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 107-30.1-106 INSPECTIONS.

§ 107-30.1-106.1 General.

Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

§ 107-30.1-106.2 Inspections of development.

The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

§ 107-30.1-106.3 Buildings and structures.

A. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

(1) Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 107-30.1-801.2 shall be submitted to the Construction Official on an Elevation Certificate.

(2) Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 107-30.1-801.2 shall be submitted to the Construction Official on an Elevation Certificate.

(3) Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in § 107-30.1-801.2.

(4) Final inspection. Prior to the final inspection, certification of the elevation required in § 107-30.1-801.2 shall be submitted to the Construction Official on an Elevation Certificate.

§ 107-30.4-106.4 Manufactured homes.

The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.

§ 107-30.1-107 VARIANCES.

§ 107-30.1-107.1 General.

The Board of Adjustment shall hear and decide requests for variances. The Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 107-30.1-107.5, the conditions of issuance set forth in § 107-30.1-107.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

§ 107-30.1-107.2 Historic structures.

A variance to the substantial improvement requirements of this section is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this section, and the variance is the minimum necessary to preserve the historic character and design of the structure.

§ 107-30.1-107.3 Functionally dependent uses.

A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

§ 107-30.1-107.4 Restrictions in floodways.

A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 107-30.1-105.3A(1) of these regulations.

§ 107-30.1-107.5 Considerations.

A. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:

(1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

(2) The danger to life and property due to flooding or erosion damage.

(3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

(4) The importance of the services provided by the proposed development to the community.

(5) The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

(6) The compatibility of the proposed development with existing and anticipated development.

(7) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.

(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.

(10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

§ 107-30.1-107.6 Conditions for issuance.

A. Variances shall only be issued upon:

(1) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.

(2) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5) Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

§ 107-30.1-108 VIOLATIONS.

§ 107-30.1-108.1 Violations.

Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

§ 107-30.1-108.2 Authority.

The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.

§ 107-30.1-108.3 Unlawful continuance.

Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

§ 107-30.1-108.4 Review period to correct violations.

A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 107-30.1-201 DEFINITIONS.

§ 107-30.1-201.1 General.

The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

§ 107-30.1-201.2 Definitions.

100-YEAR FLOOD ELEVATION

Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.

500-YEAR FLOOD ELEVATION

Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.

A ZONES

Areas of 'Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1

A30, AR, AR/A, AR/AE, AR/A1

A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this section, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.

AH ZONES

Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

AO ZONES

Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.

ACCESSORY STRUCTURE

Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

AGRICULTURAL STRUCTURE

A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).

ALTERATION OF A WATERCOURSE

A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

AREA OF SHALLOW FLOODING

A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD

See SPECIAL FLOOD HAZARD AREA.

ASCE 7

The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.

ASCE 24

The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].

BASE FLOOD ELEVATION (BFE)

The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation".

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BEST AVAILABLE FLOOD HAZARD DATA

The most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA AREA

The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA ELEVATION

The most recent available preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BREAKAWAY WALLS

Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.

BUILDING

Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.

CONDITIONAL LETTER OF MAP REVISION

A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION- FILL

A Conditional Letter of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING

Per the FHACA, "Critical Building" means that:

A. It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or

B. It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.

DEVELOPMENT

Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.

DRY FLOODPROOFING

A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

ELEVATED BUILDING

A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.

ELEVATION CERTIFICATE

An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

ENCROACHMENT

The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

FEMA PUBLICATIONS

Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.

FLOOD HAZARD AREA DESIGN FLOOD ELEVATION

Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the State, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 - 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOOD OR FLOODING

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

(3) Mudslides (I.e. mudflows) which are proximately caused by flooding as defined in paragraph A(2) of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph A(2) of this definition.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN OR FLOOD PRONE AREA

Any land area susceptible to being inundated by water from any source. See "Flood or flooding."

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODPROOFING CERTIFICATE

Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

HABITABLE BUILDING

Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.

HARDSHIP

As related to § 107-30.1-107 of this section, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Board of Adjustment requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved State program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in States without approved programs.

LAWFULLY EXISTING

Per the FHACA, means an existing fill, structure and/or use, which meets all Federal, State, and local laws, and which is not in violation of the FHACA because it was established:

A. Prior to January 31, 1980; or

B. On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.

Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this section to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.

LETTER OF MAP AMENDMENT

A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP CHANGE

The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on a Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision -Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.

LETTER OF MAP REVISION

A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP REVISION- FILL

A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL

Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER

A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LOCAL DESIGN FLOOD ELEVATION (LDFE)

The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.

LOWEST ADJACENT GRADE

The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.

LOWEST FLOOR

In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of these regulations.

MANUFACTURED HOME

A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.

NON-RESIDENTIAL

Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.

ORDINARY MAINTENANCE AND MINOR WORK

This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.

RECREATIONAL VEHICLE

A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

RESIDENTIAL

Pursuant to the ASCE 24:

A. Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;

B. Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and

C. Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

SOLID WASTE DISPOSAL

The storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

SPECIAL FLOOD HAZARD AREA

The greater of the following: (1) Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.

START OF CONSTRUCTION

The Start of Construction is as follows:

A. For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

B. For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

THIRTY-DAY PERIOD

The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this section has been issued.

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES

Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.

VARIANCE

A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION

A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

WATERCOURSE

A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

WET FLOODPROOFING

Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.

§ 107-30.1-301 SUBDIVISIONS AND OTHER DEVELOPMENTS.

§ 107-30.1-301.1 General.

A. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

(1) All such proposals are consistent with the need to minimize flood damage.

(2) All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.

(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.

§ 107-30.1-301.2 Subdivision requirements.

A. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(1) The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.

(2) Residential building lots shall be provided with adequate buildable area outside the floodway.

(3) The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.

§ 107-30.1-401 SITE IMPROVEMENT.

§ 107-30.1-401.1 Encroachment in floodways.

Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 107-30.1-105.3A(1) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 107-30.1-105.3A(1) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 107-30.1-801.2 of this section and the floodway requirements of N.J.A.C. 7:13.

§ 107-30.1-401.1.1 Prohibited in floodways.

A. The following are prohibited activities:

(1) The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.

(2) Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

§ 107-30.1-401.2 Sewer facilities.

All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.

§ 107-30.1-401.3 Water facilities.

All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

§ 107-30.1-401.4 Storm drainage.

Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

§ 107-30.1-401.5 Streets and sidewalks.

Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

§ 107-30.1-401.6 Limitations on placement of fill.

Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

§ 107-30.1-401.7 Hazardous materials.

The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

§ 107-30.1-501 MANUFACTURED HOMES.

§ 107-30.1-501.1 General.

All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

§ 107-30.1-501.2 Elevation.

All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 107-30.1-801.2.

§ 107-30.1-501.3 Foundations.

All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301 (c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.

§ 107-30.1-501.4 Anchoring.

All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

§ 107-30.1-501.5 Enclosures.

Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 107-30.1-801.2.

§ 107-30.1-501.6 Protection of mechanical equipment and outside appliances.

Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 107-30.1-801.2 of these regulations.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 107-30.1-801.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 107-30.1-601 RECREATIONAL VEHICLES.

§ 107-30.1-601.1 Placement prohibited.

The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

§ 107-30.1-601.2 Temporary placement.

Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

§ 107-30.1-601.3 Permanent placement.

Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 107-30.1-801.2 for habitable buildings and § 107-30.1-501.3.

§ 107-30.1-701 TANKS.

§ 107-30.1-701.1 Tanks.

Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

§ 107-30.1-801 OTHER DEVELOPMENT AND BUILDING WORK.

§ 107-30.1-801.1 General requirements for other development and building work.

A. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:

(1) Be located and constructed to minimize flood damage;

(2) Meet the limitations of § 107-30.1-105.3A(1) of this section when located in a regulated floodway;

(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to § 107-30.1-102.3;

(4) Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;

(5) Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to § 107-30.1-102.3 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:

(a) Specifically allowed below the Local Design Flood Elevation; and

(b) Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.

(6) Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and

(7) Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.

§ 107-30.1-801.2 Requirements for habitable buildings and structures.

Construction and Elevation in A Zones not including Coastal A Zones.

A. No portion of a building is located within a V Zone.

B. No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.

C. All new construction and substantial improvement of any habitable building (as defined in § 107-30.1-201) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in § 107-30.1-102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.

D. All new construction and substantial improvements of non-residential structures shall:

(1) Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in § 107-30.1-102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or

(2) Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:

(a) Meets the requirements of ASCE 24 Chapters 2 and 7; and

(b) Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.

E. All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:

(1) For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;

(2) Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of § 107-30.1-801.2D(2) are met;

(3) Be constructed to meet the requirements of ASCE 24 Chapter 2;

(4) Have openings documented on an Elevation Certificate; and

(5) Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:

(a) The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.

(b) The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;

(c) The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement;

§ 107-30.1-801.3 Garages and accessory storage structures.

Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

§ 107-30.1-801.4 Fences.

Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 107-30.1-105.3A(1) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 107-30.1-107 of this section.

§ 107-30.1-801.5 Retaining walls, sidewalks, and driveways.

Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 107-30.1-105.3A(1) of these regulations and N.J.A.C. 7:13.

§ 107-30.1-801.6 Swimming pools.

Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 107-30.1-105.3A(1) of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

§ 107-30.1-801.7 Roads and watercourse crossings.

A. For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.

B. Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low- water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 107-30.1-105.3A(1) of these regulations.

§ 107-30.1-901 TEMPORARY STRUCTURES AND TEMPORARY STORAGE.

§ 107-30.1-901.1 Temporary structures.

Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.

§ 107-30.1-901.2 Temporary storage.

Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

§ 107-30.1-901.3 Floodway encroachment.

Temporary structures and temporary storage in floodways shall meet the requirements of 107-30.1-105.3A(1) of these regulations.

§ 107-30.1-1001 UTILITY AND MISCELLANEOUS GROUP U.

§ 107-30.1-1001.1 Utility and Miscellaneous Group U.

In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

§ 107-30.1-1001.2 Flood loads.

Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in § 107-30.1-102.3.

§ 107-30.1-1001.3 Elevation.

Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in § 107-30.1-102.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

§ 107-30.1-1001.4 Enclosures below base flood elevation.

Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 107-30.1-801.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

§ 107-30.1-1001.5 Flood-damage resistant materials.

Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in § 107-30.1-102.3.

§ 107-30.1-1001.6 Protection of mechanical, plumbing, and electrical systems.

Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in § 107-30.1-102.3.

Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electri.1-1001.1cal wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 107-30.2 Excessive Slope Areas. [1]

[Ord. No. 2-00]

A. Excessive Slope Areas.

(1) Statement of purpose and definition. The governing body of the Borough of North Caldwell finds that the removal of vegetative cover, disturbance of soil and construction of buildings and structures in areas of excessive slopes will increase surface water runoff and soil erosion, thereby creating a potential for flooding, endangering public and private property and life, and that the most appropriate means of alleviating such condition and protecting natural features of geology, hydrology, vegetation, ecological balance and environmental quality is through regulation of construction and development on excessive slopes. For purposes of this subsection, the term "excessive slope" shall be defined as any slope which has a grade of 10% or more based upon New Jersey Geodetic Control Survey datum. Slopes shall be measured between two foot contour intervals.

Ord. No. 18-2008]

(2) Excessive slope area requirements. Within any excessive slope area as defined herein, no soil or vegetation shall be disturbed nor shall any building or structure be erected, constructed or substantially enlarged unless and until it can be demonstrated by information, plans and studies furnished by an applicant that the following requirements can be met:

(a) No soil shall be excavated, removed, deposited or disturbed within an excessive slope area except as a result of and in accordance with a site plan or preliminary subdivision plan approved under the terms of this chapter.

(b) Proposed disturbance of soil shall be for purposes consistent with the intent of this subsection, and it shall be executed in a manner that will not cause excessive erosion or other unstable conditions.

(c) Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions; appropriate storm drainage facilities shall be constructed as deemed necessary; and adequate protective measures shall be provided for downstream properties.

(d) Provision shall be made for any structures or protective measures that proposed slopes may require for the protection of the public safety, including but not limited to retaining walls, headwalls and fences.

(e) Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage.

(f) Any proposed building or structure or attendant protective measures will not impede the flow of surface waters through any watercourse or cause an increase in flood heights or velocities.

(g) Any proposed building or structure shall be of sound engineering design with footings designed to extend to stable soil and/or rock with proper lateral support and when built may be occupied without peril to the health or safety of the occupants.

(h) Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.

(3) Additional information required. Where development is proposed on slopes greater than 10% as part of a subdivision or site plan application, in addition to the other information required pursuant to this chapter, the following exhibits prepared, signed and sealed by a New Jersey licensed engineer shall be submitted:

(a) Erodibility potential of exposed soils.

(b) Length, steepness and surface roughness of exposed slopes.

(c) Resistance of soil to compaction and stability of soil aggregates.

(d) High-water table, water infiltration capacity and capacity of soil profile.

(e) Type and location of construction activity, including the amount of site grading.

(f) Location of construction access roads.

(g) Any other engineering data which shall be deemed reasonably necessary by the Borough Engineer to determine compliance with this subsection.

(4) Density modification.

(a) In order to meet the purposes, goals and standards set forth in this subsection, the applicable provisions of this chapter relating to minimum lot sizes and density of development shall be modified in areas of slopes greater than 10%. The maximum number of dwelling units allowed on any tract shall be computed by application of the following formula:

Land with 30% or more slopes × 0.2

Land with 20% to 29% slopes × 0.4

Land with 11% to 19% slopes × 0.6

Land with 0% to 10% slopes × 1.0

(b) Sample calculations example.

[1] Assume a three-acre tract with 1 acre having slopes of 25% and two acres having slopes of 15%. The density modification calculation would be as follows:

1 acre — 25% slopes × 0.4 = 0.4 net acres

2 acres — 15% slopes × 0.6 = 1.2 net acres

1.6 acres

[2] The total acreage of land available for development resulting from the above calculation which would be utilized to calculate permissible density is 1.6 acres. In zones which have a minimum lot area, said minimum shall be determined after application of the density modification formula as set forth in this subsection.

3 acres x minimum lot size as established by zoning

1.6 acres

[3] The sample calculation set forth above illustrates the determination of the acreage of land available for development based upon the density modification created by the existence of steep slopes only and is not intended to supersede the influence of other zoning regulations that bear upon the determination of permissible density.

[1] Editor's Note: § Excessive Slope Areas, previously codified as § 107-30B, was renumbered to § 107-30.2 with the codification of Ord. No. O-10-2023.

§ 107-31 Signs.

A. Permit required: nonresidential zones.

[Ord. No. 7-90; Ord. No. 3-96]

(1) No permits are required for signs in residential zones. In all nonresidential zones, it shall be unlawful for any person to erect, paint or locate any signs, as defined by this chapter, without first obtaining a sign permit from the Construction Official. The Construction Official shall issue permits only for such signs as are specifically allowed for the particular premises and zone district in which the premises are located or as have been approved by the Planning Board during site plan or subdivision review.

(2) Standard "for sale" or "for lease" real estate signs measuring no more than nine square feet are exempt from the permit requirement.

B. Area. The area of sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented, including any wall support or frame. If there is no circumscribed background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. For signs with two display faces, the maximum area requirement shall be permitted on each side. Signs with more than two display faces are prohibited. A double faced sign having an included angel of over 45° is prohibited.

C. General regulations.

(1) No sign shall be placed so as to interfere with or be mistaken for a traffic light, emergency vehicle signal or similar safety device.

(2) All illuminated signs, in zones where permitted, shall be either indirectly lighted or of the diffusely lighted type. No sign shall be lighted by means of flashing, revolving or intermittent illumination. All lights used for the illumination of any use or building or the areas surrounding them or for the illumination of display merchandise or products shall be completely shielded from the view of vehicular traffic using any public thoroughfare. Floodlights used for the illumination of said premises or any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project more than 18 inches above the highest elevation of the front wall of the building or more than 20 feet above the street level of the premises, whichever is less.

[Ord. No. 3-96]

(3) No sign, as permitted, shall extend or project above the highest elevation of the wall to which it is attached.

(4) (Reserved)

(5) Temporary signs used as an accessory to new construction or alternation on the premises are permitted only after a building permit for said construction and sign has been issued; provided, however, that said temporary sign shall not be larger than 16 square feet and must be removed prior to the issuance of a certificate of occupancy for said construction.

[Ord. No. 3-96]

(6) No sign shall have any moving or revolving parts to be illuminated with flashing, revolving or intermittent lighting.

(7) Real estate signs shall comply with the following regulations:

[Ord. No. 7-90; Ord. No. 3-96)]

(a) They are not illuminated.

(b) They must pertain only to the lease, future use or sale of the premises upon which they are placed.

(c) They shall not exceed nine square-feet in total sign area.

(d) They shall be removed within seven days after the consummation of the lease, rent or sale transaction.

(e) No more than one real estate sign shall be permitted on a lot.

(8) Signs deemed necessary to the public welfare by the Borough, including but not limited to customary "no trespassing" and traffic or circulation direction signs, are permitted in all zones. Such signs shall not pertain to any company, individual or business establishment or organization, fraternal or otherwise.

(9) A sign advertising the name of a church on the church premises, its pastor and its coming activities shall not be more than 32 square feet in total sign area.

[Ord. No. 3-96]

(10) Signs painted directly on any part of any building wall are prohibited.

[Ord. No. 7-90]

D. In residential zones, signs must comply with the following regulations:

[Ord. No. 3-96]

(1) No sign shall be placed within 10 feet of any property line or within a street right-of-way.

(2) No sign shall exceed nine square feet in total sign area.

(3) No sign shall have a height greater than four feet, as measured from the ground surfaces to the top of the sign.

(4) No sign may be affixed or attached to a wall or roof of any structure.

(5) Any sign displayed from a window shall not occupy more than 25% of the surface area of the window.

(6) Signs may not be illuminated.

(7) The maximum number of signs that may be displayed on a lot is two, and no sign may be closer than 50 feet from any other ground sign on the same premises.

(8) No sign may be displayed by a resident for a fee.

[Ord. No. 6-2017]

(9) Signs advertising and/or identifying commercial activities or enterprises, including but not limited to architects, internet or telephone providers, engineers, contractors, painters, landscapers and similar tradesman engaged in the construction, improvement, repair, refurbishing or landscaping of residential dwellings or properties, are prohibited, except for real estate signs on the residential property being sold.

[Ord. No. 6-2017]

E. Requirements for signs in Office and Planned Industrial Park Districts. In the Office and P.I.P. Districts, no signs other than those accessory to the business conducted on the premises are permitted. All signs must comply with the provisions of Subsection C as well as the following requirements:

(1) Every sign must be attached and parallel to the face of the building and shall not extend further than 12 inches from the face of the building; provided, however, that where a sign extends more than three inches from the face of said building, no portion of said sign shall be closer than 10 feet to the ground level below said sign, and further provided that where a building has a permanent canopy or marquee constructed as an integral part of said building, a sign, as permitted in this section, may be placed on the front line of the marquee, provided that no part of said sign extends below or beyond the front edge of the canopy or marquee. For the purposes of administering this section, the permitted area of the sign on the canopy or marquee shall be determined by the area of the wall from which said canopy or marquee extends.

(2) There shall be not more than one such sign, as herein regulated, to each separate tenant of the premises; provided, however, that where a building is served with a rear entrance or entrance opening on a parking area and intended for use by the public as approved by the Planning Board, each tenant with such entrances or entrances in the building is permitted a second sign facing such parking area as regulated for the front of the building.

(3) The total sign area for all signs permitted shall not exceed 5% of the area of the face of the wall of the building upon which said sign is attached.

(4) The area of any single sign shall not exceed 1/2 square foot for each linear foot of street frontage of the building or part thereof occupied by the tenant displaying said sign.

(5) Either the horizontal or vertical dimension of any sign shall not exceed two feet.

(6) Signs may be illuminated in compliance with the provisions of § 107-31C(2) of this article.

F. Permitted signs for gas stations. Notwithstanding any other provisions of this chapter, gasoline service stations, where permitted, may display only the following signs, which are deemed customary and necessary for their respective business:

(1) One freestanding sign advertising the name of the station and/or the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 30 square feet in area on each side and shall be placed not less than 10 feet within the property line, and no portion of said sign, other than supporting members, shall be less than 10 nor more than 15 feet above the ground.

(2) Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" and other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, the letters thereof shall not exceed 12 inches in height and the total area of each such sign shall not exceed three square feet.

(3) Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator and any other sign required by law and not exceeding a total of two square feet on each pump.

(4) One temporary sign located inside the property line and specifically advertising special season servicing of automobiles, provided that such sign does not exceed six square feet in area.

(5) No streamers, signs or any other article shall be attached to any permitted sign or sign structure.

G. Required signs. All signs required by law or placed by the municipality shall be permitted.

§ 107-32 Fences and retaining walls. (Ord. No. 24-86, Ord. No. 13-89, Ord. No. 4-97, Ord. No. 12-00, Ord. No. 7-04) [1]

A. Fences, general regulations.

(1) In all residential districts, no fence, partition, screen, structure, wall or other device used as a fence, as herein defined, shall be erected, constructed or installed which is over five feet in height.

(2) All finished fences shall be installed so that the finished surface shall face away from the lot of the property owner installing same.

(3) Fences shall only be of one color.

(4) No fence shall be erected in a residential district in the front yard, in the facing yard with respect to corner lots or along a public right-of-way, unless the fence is uniformly less than 50% solid. Notwithstanding the foregoing, fences more than 50% solid shall be permitted in the rear portion of the facing yard from the rear line of the principal building extended to the facing street, so long as the fence is substantially perpendicular to the facing street.

(5) The following fences and fencing materials are specifically prohibited:

(a) Barbed wire.

(b) Short, pointed fences.

(c) Canvas fences.

(d) Cloth fences.

(e) Electrically charged fences.

(f) Poultry fences.

(g) Turkey wire.

(h) Temporary fences, such as snow fences.

(i) Expandable fences and collapsible fences, except during construction of a building.

(j) Chain link fences in the front yard.

(6) All chain link fences erected shall be erected with the closed loop at the top of the fence.

(7) No fence shall be constructed within the right-of-way of any public street.

(8) Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

(9) Any fence, wall or similar structure, as well as shrubbery which unduly cuts off light or air which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to combating fires or an obstruction to men and equipment for combating fires which may affect public safety, is hereby expressly prohibited.

B. Permit required. No fence shall be built until a building permit is issued by the Construction Official unless such fence is a part of a site plan or subdivision and is reviewed and approved under the standards outlined in Article IV of this chapter.

C. Existing fences. All existing fences and other barriers which do not conform to the provisions of this section may be continued as they presently exist.

D. Conflicts with other ordinances; severability; repealer. Nothing in this section shall be construed as prohibiting any fence required by any other section of this chapter or any other ordinance of the Borough of North Caldwell to be constructed or maintained, such as fences around swimming pools, and such fences shall not be subject to this section, nor shall this chapter be construed to supersede in any way the provisions of § 107-18 of this chapter prohibiting visual obstructions at intersections.

E. Retaining walls, general regulations.

(1) "Retaining wall" means a structure that is designed and constructed to stabilize two generally horizontal surfaces which are vertically displaced.

(2) No retaining wall shall be built in a residential zone until a building permit is issued by the Construction Official.

(3) No retaining wall shall be erected within 25 feet of a street center line nor within (10) feet of the street right-of-way, or be installed in such a manner as to constitute a traffic or other hazard.

(4) The maximum height of a retaining wall in the front yard and side yard (including the facing yard on a corner lot) which is essentially parallel to or facing the street shall be three feet. For purposes of this subsection, a facing yard on a corner lot shall be deemed to extend to the rear lot line. A maximum of one additional retaining wall of a height no greater than three feet may be erected in the front or side yard so long as such walls are tiered with a minimum horizontal distance of four feet between the face of the lower wall and the base of the higher wall.

(5) The maximum height of a retaining wall in the front yard and side yard that is essentially perpendicular to the street, i.e., a retaining wall constructed for purposes of stabilizing a driveway cut, shall be six feet up to the line of the building envelope. No height limitation is established for retaining walls within the building envelope.

(6) The maximum height of a retaining wall in the rear yard shall be five feet. Additional retaining walls of a height no greater than five feet may be erected in the rear yard so long as such walls are tiered with a minimum horizontal distance of four feet between the face of the lower wall and the base of the higher wall.

(7) Any fence placed on the top of a retaining wall shall be set back four feet from the face of the retaining wall measured horizontally.

(8) Any retaining wall over three feet in height must be designed by a licensed professional engineer.

(9) All existing retaining walls which do not conform to the provisions of this section may be continued as they presently exist and may be repaired or replaced to the same or lesser dimensions, line and grade.

[1] Editor's Note: See also Borough Code Chapter 37, Deer Fencing.