[Chapter 34 was amended and replaced in entirety 6-10-2021 by Ord. No. 08-21. Amendments noted where applicable.]
[6-10-2021 by Ord. No. 08-21]
This chapter shall be known as the "Zoning Regulations of the
Borough of Midland Park."
[6-10-2021 by Ord. No. 08-21]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals and general welfare. Among other
purposes, such provisions are intended to provide for adequate light,
air and convenience of access; to lessen congestion in the streets;
to secure safety from fire and other dangers; to avoid undue concentrations
of population by regulating and limiting the use of land and the height
and bulk of buildings wherever erected; to limit and determine the
size of yards, courts and other open spaces; and to regulate the density
of population, all with reasonable consideration to the character
of the district and its peculiar suitability for particular uses and
with a view to conserving the value of property and encouraging the
most appropriate use of land throughout the Borough of Midland Park.
[6-10-2021 by Ord. No. 08-21]
It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws and ordinances, except those specifically or impliedly repealed
in this chapter, or any private restrictions placed on property by
covenant, deed or other private agreement unless repugnant hereto.
Where this chapter imposes a greater restriction upon the use of the
buildings or premises or upon the height of the buildings, or lot
coverage, or requires greater lot areas or larger yards, courts or
other open spaces than are imposed or required by such existing provisions
of law or ordinance or by such rules, regulations or permits or by
such private restrictions, the provisions of this chapter shall control.
[6-10-2021 by Ord. No. 08-21; amended in entirety 9-14-2023 by Ord. No. 19-2023]
As used in this section, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "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 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c.158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this State, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
Pursuant to section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all cannabis establishments, cannabis distributors or cannabis
delivery services are hereby prohibited from operating anywhere in
the Borough of Midland Park, except for the delivery of cannabis items
and related supplies by a licensed cannabis delivery service based
and initiated from a cannabis delivery service licensed location outside
of the Borough of Midland Park.
The sale of vaping products of any kind or nature be and are
hereby prohibited in the Borough of Midland Park.
Any person found guilty of violating the provisions of this section shall be subject to such fines and penalties as set forth in § 1-5 of the Borough Code.
[6-10-2021 by Ord. No. 08-21]
Any person, firm or entity violating the provisions of this
chapter shall be liable to a penalty of up to $1,000 for the first
violation, and up to $2,000 and or imprisonment for a term not exceeding
90 days, for each subsequent violation.
[6-10-2021 by Ord. No. 08-21]
For the purpose of this chapter, the Borough of Midland Park
is hereby divided into nine zone districts known as:
a.
R-1 Residential Single Family.
b.
R-2 Residential Multifamily.
c.
R-3 Residential (Age-Restricted, Multifamily).
d.
B-1 Business District Retail.
e.
B-2 Professional Offices.
f.
B-3 Business Retail/Office.
g.
I-1 Office/Research Laboratory.
h.
I-2 Industrial.
i.
ASFD Attached Single-Family Dwelling.
j.
MFO-1 Multifamily Overlay 1.
k.
MFO-2 Multifamily Overlay 2.
[6-10-2021 by Ord. No. 08-21]
a.
The map entitled "Zoning Map, Borough of Midland Park, Bergen County,
New Jersey" prepared by Burgis Associates, Inc. dated December 14,
2017, delineating the above zone districts and the Schedule of Bulk
Requirements which accompany this chapter are hereby declared to be
part hereof. Any use not specifically designated as a principal permitted
use, an accessory use or a conditional use is specifically prohibited
from any district.
[6-10-2021 by Ord. No. 08-21]
The height provisions of this chapter shall not apply to church
spires, belfries, and domes, air-conditioning and ventilating equipment,
chimneys, radio, television and telecommunication antennas, bulkheads,
elevator enclosures, water tanks or similar accessory structures occupying
an aggregate of 20% or less of the area of the roof on which they
are located, and further provided that such structures do not exceed
the height limit by the less of 20% of the height limit or 10 feet.
All structures shall meet all height limitations required by the Federal
Aviation Administration. Nothing in this chapter shall prevent the
erection above the height limitation of a parapet wall or cornice
extending above such height limit not more than three feet.
[6-10-2021 by Ord. No. 08-21]
Zone district boundary lines as shown on the Zoning Map[1] accompanying this chapter are intended to coincide with
lot lines, the center lines of streets, drainage courses or railroads
as they existed at the time of adoption of this chapter, or they are
designated on the Zoning Map by figures or dimensions. Whenever a
zoning district boundary is located not farther than 25 feet away
from a lot line of record, such boundary line shall be construed to
coincide with such line. In case of uncertainty or disagreement as
to the true location of any zone boundary line, the determination
thereof shall lie with the Board of Adjustment.
[1]
Editor's Note: The current Zoning Map can be found on the
Borough website.
[6-10-2021 by Ord. No. 08-21]
No land or premises may be used and no building or structure
may be erected, raised, moved, extended, enlarged, altered or used
for any purpose other than a purpose permitted herein, in the district
so located, and all construction shall be in conformity with the regulations
provided for the district in which such building or premises is located.
The control and regulation of the nature and extent of uses of structures
as herein provided shall apply equally to the nature and extent of
the uses of land.
[6-10-2021 by Ord. No. 08-21]
a.
ACCESSORY BUILDING
ACCESSORY STRUCTURE
ACCESSORY USE
ACID-PRODUCING SOILS
ADVERTISE
ALTERATION OF A BUILDING OR STRUCTURE
ALTERNATIVE TOWER STRUCTURE
ANTENNA
APPLICANT
APPROVING AUTHORITY
AREA
ATTIC
BACKHAUL NETWORK
BASEMENT
BILLBOARD
BOARDER OR ROOMER
BUILDABLE AREA
BUILDING
BUILDING AREA
BUILDING COVERAGE
CATEGORY ONE WATERS or C1 WATERS
CATERING
CELLAR
CHANGE IN USE
CHILD-CARE CENTER
CIRCULATION
COMMERCIAL VEHICLE
COMMERCIAL VEHICLE AUXILIARY
COMMON OPEN SPACE
COMMON OWNERSHIP
CONDITIONAL USE
CORNER LOT
DRAINAGE
DRIVE-THRU/DRIVE-UP SERVICE AREA
DWELLING OR DWELLING UNIT
DWELLING, ONE-FAMILY
ERECT
ESSENTIAL SERVICE
EXISTING
EXPANSION
FAA
FAMILY
FAMILY, LOW-INCOME
FAMILY, MODERATE-INCOME
FARMER'S MARKET
FCC
FENCE
FLAG LOT
FLOOR AREA
FLOOR AREA, BUILDING
GARAGE, PRIVATE
GARDEN APARTMENT
GROUND ARRAY
HEIGHT
HEIGHT, ANTENNA/TOWER
HOME OCCUPATION
HOSPITAL
HOTEL
IMPERVIOUS LOT COVERAGE
IMPROVED LOT COVERAGE
INSTITUTIONAL USE
INTERMITTENT STREAM
LAKE, POND, OR RESERVOIR
LOT AREA
LOT CORNER
LOT FRONTAGE
LOT, DEPTH
LOT, FLAG
LOT, WIDTH
MEDICAL OFFICE
MIXED USE
MOTOR VEHICLE REPAIR SHOP
MOTOR VEHICLE SERVICE STATION
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSERY SCHOOL
OFFICIAL MAP
OPEN SPACE
OWNER, SOLAR SYSTEM
PARKING AREA
PARKING SPACE
PERENNIAL STREAM
PERSON
PERSONAL SERVICES
PLACE OF AMUSEMENT
PLANNED RESIDENTIAL DEVELOPMENT
PLANNED UNIT DEVELOPMENT
PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS
PREMISES
PRINCIPAL/PRIMARY USE
PRIVATE SCHOOL
PROFESSIONAL OFFICE
PROPERTY OWNER
PUBLIC AREAS
PUBLIC BUILDINGS
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESTAURANT
RESTAURANT, DRIVE-THROUGH
RESTAURANT, OUTDOOR CAFE
RESTAURANT, QUICK SERVICE
RETAIL STORE/SHOP
RIPARIAN ZONE
SECONDARY USE
SHED
SIGN
SIGN, AREA OF
SINGLE OWNERSHIP
SOLAR ENERGY SYSTEM
SOLAR PANELS
SPECIAL WATER RESOURCE PROTECTION AREA or SWRPA
STORY
STORY, HALF
STREET
STRUCTURE
SUPERMARKET
SURFACE WATER BODY(IES)
THREATENED OR ENDANGERED SPECIES
TOWER
TOWNHOUSE
TRAILER
TROUT MAINTENANCE WATER
TROUT PRODUCTION WATER
USE
VETERINARY OFFICE
WAREHOUSE
WINDOW
WINDOW SPACE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING CERTIFICATE
ZONING PLAN or ZONING CHAPTER
For the purpose of this chapter the terms used herein are defined
as follows:
A subordinate building on the same lot with a principal building
occupied or devoted exclusively for an accessory use. Where an accessory
building is attached to a principal building, it shall be considered
part of the principal building. This building shall be nonhabitable.
A subordinate structure on the same lot with a principal
building or structure, occupied or devoted exclusively for an accessory
use. Also included, but not limited to, all "tent-like" structures
used as garages or storage facilities, pools/ponds, swing sets, trampolines,
animal coops, tree houses, patio, antennas, solar systems, satellite
dishes, generators, HVAC units and any other similar as deemed by
the Zoning Official. Where a deck or raised patio is touching a wall
or covered by a roof of the principal structure the deck or raised
patio shall be considered part of the principal structure.
A use naturally and normally incident and subordinate to
the principal use of a structure, lot or business, and operated by
the same entity as the principal use.
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid-producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid-producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
Giving or attempting to give or intending to give any notice
or information, or any activity which gives, or attempts to give or
intends to give notice, information or warning.
A change in the supporting members of a building or structure;
an addition, diminution, change in use or conversion of a building
or a part thereof; or removal of a building from one location to another.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
A person, corporation, government body or other legal entity
applying to the Planning Board, Board of Adjustment or the Construction
Office proposing to engage in an activity that is regulated by the
provisions of this section.
The Planning Board or the Zoning Board of Adjustment of the
Borough of Midland Park.
The surface of a lot, building or structure measured on a
horizontal plane.
An open, nonhabitable space between the ceiling beams of
the top story and the roof rafters of a building.
The lines that connect a providers towers/cell sites to one
or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
A story partly but not more than 1/2 below the average elevation
of ground at the foundation wall. A basement shall be counted as a
story in determining building height.
A sign which directs attention to a business, commodity,
service, entertainment, or attraction, conducted, sold or offered
elsewhere than upon the lot on which such sign is located.
A person, not a member of a family as defined in this chapter,
who pays for the privilege of meals, lodging or both.
The portion of a lot remaining after the required yard and
setbacks and required landscaped areas and buffer zones have been
provided.
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
For purposes of determining building coverage, the area of
the building shall be the projected area on a horizontal plane of
the outer extremities of the structure, including by way of example
as part of the structure in determining said outer extremities, the
foundation, roofs, protruding floors, patios, and any overhangs and
the floors of any structures not having a roof.
That portion of a lot which is occupied by buildings and
accessory structures but not including walkways, driveways, patios
and open parking spaces.
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards, for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
A business involving the preparation of food for distribution
off the premises.
A story which is more than 1/2 below the average elevation
of ground at the foundation wall. A cellar shall not be counted as
a story in determining the height of a building.
As used in this chapter, "change in use" shall mean the new
use of a building or premises which is of a different type, kind or
nature from the previous existing use of said building or premises.
Any new use for which any requirement of this chapter is different
than for the previous existing use shall be considered a change in
use.
Every private child-care center, day nursery, nursery school
or other establishment of similar character for the care of children,
in which any tuition fee or other form of compensation for the care
of children is charged, in which more than five children are cared
for and which is licensed by the State of New Jersey pursuant to N.J.S.A.
30:5B-1 et seq.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings and transshipment points.
Includes every type of motor driven vehicle designed or used
for commercial purposes, such as transportation of goods, wares, equipment
and merchandise, including omnibuses and school buses, and every motor
vehicle used for commercial purposes for drawing other vehicles and
which is so constructed as not to carry any load thereon. Vehicles
run on rails or tracks and vehicles of the passenger-motor-vehicle
type are excluded.
Includes every type of vehicle designed or used for commercial
purposes which is not motor-driven and which is designed to be drawn
by another vehicle and to be attached to the towing vehicles.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use and enjoyment of residents and owners
of the development.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons owning such property jointly,
as tenants by entirety or as tenants in common.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this Zoning chapter and upon issuance of an authorization
therefor by the Planning Board.
A lot at the junction of or having frontage on two or more
intersecting streets. In interpreting the front, side and rear yard,
the lesser dimension shall be considered the frontage of the lot and
the greater dimension as the depth of the lot. If the dimensions are
equal, either dimension may be considered the frontage.
The removal of surface water or groundwater from land by
drains, grading, or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
on-point pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
Any location where the customer pauses the vehicle for interaction
with the business.
A building or portion thereof designed or used as the residence
or sleeping place of a family.
A building containing one dwelling unit only and not occupied
or designed for occupancy by more than one family. A building intended
for occupancy or occupied by two or more families, with a separate
and direct means of access to the outside for each family, and provided
with separate cooking, sleeping and sanitary facilities for each family,
separated from each other, either vertically or horizontally, shall
not be construed to be a one-family dwelling.
To build, construct, attach, hang, place, reface, suspend
or affix, and shall also include the painting of wall signs.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground,
surface or aerial gas, electrical, steam or water transmission systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cable,
fire alarm boxes and signals, light stations, telephone lines, hydrants
and other similar equipment and adequate service by such public utilities
or municipal, state, county, regional or federal agencies or for the
public health, safety or general welfare.
Any building or structure or use that was in existence on
the effective date of this chapter.
An increase in the amount of floor area used for an existing
use.
The Federal Aviation Administration.
Any group of two or more persons living together as a single
housekeeping unit and sharing cooking, sleeping and sanitary facilities
to the exclusion of other occupants of the same building.
A household with a gross aggregate family income which does
not exceed 50% of the regional median income with adjustments for
household size.
A household with a gross aggregate family income which is
greater than 50% of the regional median income, but which does not
exceed 80% of said regional median income, with adjustments for household
size.
An open-air location where vendors sell locally grown fruits
and vegetables, baked goods, plants and flowers.
The Federal Communications Commission.
Any artificially constructed barrier or wall of wood, masonry,
stone, wire, plastic, metal or any other manufactured material or
combination of these materials.
A lot that does not have a continuous width from the street
to the building setback line at least equal to the minimum street
frontage required. For purposes of this definition, the portion of
the lot abutting an improved street shall not be declared to be a
private street so as to defeat the intent and purpose of this chapter.
The sum of the horizontal areas devoted to a use, including
all sales, office, service, and storage space, measured from the exterior
faces of exterior walls, the center line of party walls separating
two buildings, or the center line of walls separating the uses. The
floor area devoted to a use shall normally include the entire floor
devoted to such use. In computing floor area per establishment, when
several uses share one floor, the publicly used spaces such as halls,
elevator shafts, stairwells, and bathroom facilities shall be considered
as divided among several uses proportionate to the private and separate
spaces devoted to each use.
The sum of the gross horizontal areas of all floors of the
building or buildings on a lot measured from the exterior faces of
exterior walls or from the center line of party walls separating two
buildings, excluding roof areas but including cellar and basement
areas used for storage or for the operation or land maintenance of
the building and any and all parking structures or areas attached
thereto, under or within the building.
A detached accessory building or portion of the principal
building used for the storage of a passenger vehicle or vehicles or
commercial vehicles having no more than two axles and owned or used
by the occupant of the principal building. A minimum clear dimension
of nine feet wide by 18 feet long shall be required per vehicle.
A building or group of buildings situated on the same lot containing dwelling units intended as the residences for families on a rental basis or as a condominium or cooperative and conforming to the requirements in § 34-6.
The installation of solar panels on the ground or on a structure
that has the sole primary purpose of supporting the solar panels.
Maximum height of all structures shall be determined from
the highest point, excluding chimneys, to the lowest adjacent grade,
excluding basement walk-outs, measured at the minimum of four outermost
corners of the structure, offset six feet from the structure. The
maximum height shall be the average of these measurements.
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
An accessory use which is customarily carried on in a dwelling
unit; is carried on by an occupant of the dwelling unit; clearly incidental
or secondary to the residential use of the dwelling unit, and is conforming
to all requirements of this chapter. This use shall be carried on
in the principal structure.
A state-accredited institution where persons are given inpatient
and/or outpatient medical and surgical care, excluding institutions
exclusively for mental patients and drug addicts.
A building or buildings used primarily to provide shelter
for overnight and resident guests for compensation with at least five
sleeping rooms.
That portion of a lot which is occupied by buildings, accessory
structures, paved surfaces, structures, macadam, or other impervious
materials. Aboveground or in-ground pools are not considered impervious
(used for site drainage calculations).
The percentage of lot area which is improved with principal
and accessory buildings, structures and uses, including but not limited
to paved or gravel driveways, parking areas, garages, stepping stones,
pavers, decks, walkways, in-ground pools and other man-made improvements.
Aboveground pools are not considered "improved coverage."
A nonprofit public or quasi-public use such as a church,
school, library, hospital, club, lodge and fraternal, civic, service
or charitable organization.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, the case of a Special Water Resource
Protection Area (SWRPA) pursuant to the Stormwater Management rules
at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys; that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
The total square unit contents included within lot lines.
A parcel of land at the junction of and abutting on two or
more intersecting streets where the interior angle of intersection
does not exceed 135°. Any lot abutting a curved street shall be
considered a corner lot if the tangents to the curve at the points
of intersection of the side lot lines with the street lines intersect
at an interior angle of less than 135°.
The length of the front lot line or the length of a lot having
frontage upon an improved street consistent with the standards for
streets and roads established by the Borough.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
See "flag lot."
The distance between the side lines, measured parallel to
the front lot line at the required front yard setback line.
A premises where human patients are treated by one person
or group of licensed or certified medical professionals practicing
any form of healing or health building service to humans, whether
the practitioners are physicians (i.e., medical doctors), chiropractors,
dentists, osteopaths, podiatrists, nurse practitioners, physicians
assistants, or any similar medical profession that is licensed to
prescribe pharmaceuticals, the practice of which is regulated by New
Jersey law.
A mixture of compatible commercial, office and residential
land uses. It is based on an integrated, comprehensive design with
respect to the location and relationship of the buildings, parking,
landscaping, open space, roadways and walkways.
A business which services and repairs motor vehicles without
the sale of gasoline or other fuels, but not including facilities
for body repair work or painting or for an automatic car wash.
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline and/or lubricating oil, and/or diesel fuel, but
not including liquid propane or bottled fuels, which business may
or may not include facilities for servicing motor vehicles, but shall
not include facilities for body repair work or painting or for an
automatic car wash.
A lot with the area, dimension or location which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails to conform to
the requirements of the zoning district in which it is located by
reason of such adoption, revision or amendment.
See "child-care center."
The map adopted in accordance with N.J.S.A. 40:55D-32 et
seq., or any prior act authorizing such adoption. Such map shall be
deemed conclusive with respect to the location, width and extent of
streets and other areas shown thereon, as provided in N.J.S.A. 40:55D-32.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, street
and off street parking and other improvements that are designed to
be incidental to the natural openness of the land.
The individual or entity that intends to own and operate
the solar energy system in accordance with this chapter.
Land or any part of a building used for the parking of motor
vehicles.
An off-street space, open or enclosed and paved or graveled,
which is accessible and available at all hours when the building which
it serves is in use for the parking of one passenger vehicle or a
commercial vehicle with no more than two axles and owned or used by
the occupant of the principal building.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map in the County Soil Surveys.
Any person, individual business entity, partnership, association,
corporation, company or organization of any kind.
An establishment primarily engaged in providing services
involving the care of a person or his or her personal apparel, such
as laundry, including cleaning and pressing services; linen supply,
diaper service; beauty shops; hair salon; barbershops; shoe repair;
funeral services; steam baths; health clubs; clothing rental; locker
rental; porter service; and domestic services.
Any place wherein are located any mechanical amusement devices
for the playing of games, commonly known as pinball machines, shooting
galleries, mechanical grabbing machines or any game, operation or
transaction similar thereto, under whatever name it may be indicated,
whether or not a prize is offered and whether mechanical, electrical
or electromechanical or otherwise operated, including any game of
skill or chance, or both, played and operated with or without numbers,
symbols or figures.
An area of a minimum contiguous acreage as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
residential uses and any other uses incidental to the predominant
use as may be permitted by ordinance.
An area of a minimum contiguous acreage as specified by ordinance
to be developed as a single entity according to a plan, containing
one or more residential clusters or planned unit residential developments
and one or more public, quasipublic, commercial or industrial areas
in such ranges of ratios of nonresidential use to residential uses
as shall be specified in this chapter.
Any tower or antenna for which building permit has been properly
issued prior to the effective date of this chapter, including permitted
towers or antennas that have not yet been constructed so long as such
approval is current and not expired.
A building or structure, or a piece or tract of land or real
estate, vacant or otherwise.
The predominant use of the premises. Any use operated by
the same corporate entity shall not be construed as a separate use.
An institution of education whose general course work is
comparable to the public school system whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education.
Lawyers, engineers, architects, real estate, insurance, non-drug-prescribing
psychologists, psychiatrists, etc.
The owner of the property (lot).
Public parks, playgrounds, trails, paths, and other recreation
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
Any building owned or operated by the Borough of Midland
Park, Bergen County, State of New Jersey or the United States, or
any of their duly authorized agencies or administrative units, including
a school district.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development as may be specified by this chapter.
Food service establishments that allow for patrons to be
seated typically in excess of 15 minutes.
An establishment in which food or drink is served to customers
within automobiles outside of the confines of the building and where
the consumption of such food or drink is intended to occur off the
premises.
[Added 10-28-2021 by Ord. No. 19-21]
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served, or where permitted on private
property pursuant to the Land Use Ordinance. To qualify as an outdoor
cafe, the eating establishment must have interior seating. See Ord
4-18.
Takeout with or without limited capacity for seated patrons
or stand-up consumption up to 15 minutes.
A building or part thereof in which or from which merchandise
is furnished directly to the public.
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to, lakes, ponds,
reservoirs, perennial and intermittent streams, up to and including
their point of origin, such as seeps and springs, as shown on the
New Jersey Department of Environmental Protection's GIS hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys. There is no riparian zone along the Atlantic Ocean nor along
any man-made lagoon or oceanfront barrier island, spit or peninsula.
A use with no direct connection to the principal use such
as a franchise or concession.
An accessory structure used for storage. The structure shall
not be habitable and shall not have an exterior staircase to the attic
or second floor area.
Any device, freestanding or attached to a building or structure,
or erected, painted, represented or reproduced upon or in (to the
extent provided herein) any building or structure, which displays,
reproduces or includes any letter, word, name, number, model, insignia,
design, device or representation used for one or more of the following
purposes: to identify the premises or occupant or owner of the premises;
to advertise any trade, business, profession, industry, service, event
or other activity; to advertise any product or item; to advertise
the sale or rental or use of all or part of any premises, including
that upon which it is displayed; to direct vehicular or pedestrian
traffic, other than state, county or municipal highway and roadway
markers; and shall include any announcement, declaration, demonstration,
display, illustration, insignia or any representation used to advertise
or intended to advertise or promote the interests of any person. In
no event shall the word "sign" be construed to mean any sign in the
interior of any structure unless specifically set forth in this chapter.
For the purpose of this chapter the word "sign" does not include the
flag, pennant, or insignia of any nation, group of nations, state,
city, or other political unit.
The maximum projected area of the oblong parallelogram, or
other shape, which encloses the sign structure, device or representation.
For a freestanding or projected sign, the area of all surfaces used
as a sign or for sign purposes shall be included and totaled, except
that a sign may have a second opposing face which shall not be counted
toward the total sign area. For a freestanding sign, the structure
supporting the sign area shall not be included in the calculation.
Ownership by one person or by two or more persons, whether
jointly, as tenants, by the entirety or as tenants in common, of a
separate parcel of real property not abutting land in the same ownership.
A solar system and all associated equipment, including any
base, foundation, structural support, wire, batteries or other components
necessary to fully utilize the solar system.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
the flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy or
array.
A 300-foot area provided on each side of a surface water
body designated as a C1 water or tributary to a C1 water that is a
perennial stream, intermittent stream, lake, pond, or reservoir, as
defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
That portion of a building exclusive of cellars, but inclusive
of basements, included between the surface of any floor and the surface
of the floor next above it or, if there be no floor above it, then
the space between the floor and the ceiling next above it.
That portion of a building situated above a story and having
at least two opposite walls meeting a sloping roof and having a headroom
of at least five feet, whose area shall not exceed 60% of the area
of the floor below.
Any road, avenue, lane or other way commonly used by the
public for vehicular movement and determinable from official roads
on file in the County Recording Office.
An object consisting of one or more materials which is constructed,
or erected below, upon or above grounds or an object attached to one
or more materials which is constructed, or erected below, upon or
above ground. This shall not be construed to include any type of mobile
vehicle. The term structure shall include the term "building".
A retail establishment primarily selling prepackaged food
products and household goods and supplies as part of its primary use,
with a gross floor area of more than 25,000 square feet. Separate
uses within the building shall not exceed 10% of the retail floor
area.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. §§ 1531 et seq. or the
Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent
amendments thereto.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
A building or structure designed for or occupied by no more
than one family and attached to other similar buildings or structures
by not more than two party walls extending from the foundation to
the roof and providing two direct means of access from the outside.
Furthermore, each such dwelling unit shall be provided with cooking,
sleeping and sanitary facilities for the use of each family of the
townhouse. For purposes of this chapter, a townhouse may include a
building or structure in a fee simple, condominium, cooperative or
leasehold ownership or any combination thereof.
Any vehicle mounted on wheels or on a truck body or chassis,
movable either by its own power or by being drawn by another vehicle,
which is initially designed or converted to be used for living or
sleeping quarters, including mobile homes. The term "trailer" shall
include such vehicles if mounted on temporary or permanent foundations
with the wheels removed.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
An office for animal treatment. Facilities for overnight
stay are permitted for treatment use only and not boarding.
A building in which products, goods, materials, or merchandise
are stored and including the display and/or sale of wholesale merchandise.
Any opening in the exterior wall or roof of any structure
for the purpose of admitting air or light whether or not covered with
glass, plastic or other covering.
The aggregate square footage of all windows on any given
side and any given story of any structure regardless of the angle
or angles at which they are set. In computing window space, there
shall be included all portions of any door which if part of a wall
would constitute a window.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward except as herein permitted.
An open unoccupied space extending the full width of the
lot between a principal building and the front lot line, unoccupied
and unobstructed from the ground upward except as may be specified
elsewhere in this chapter. The depth of the front yard shall be measured
parallel to and at right angles to the front lot line.
An open unoccupied space extending across the full width
of the lot lying between the rear line of the lot and the nearest
line of the principal building. The depth of the rear yard shall be
measured parallel to and at right angles to the rear property line.
An open unoccupied space between the side line of the lot
and the nearest line of the principal building extending from the
front to the rear yard. The width of the side yard shall be measured
parallel to and at right angles to the side line of the lot.
A permit issued by the Zoning Officer which attests that
the premises or building complies with all provisions of this chapter.
This chapter entitled "Chapter 34, The Zoning Regulations of The Code of The Borough Of Midland Park."
b.
Word Usage. The present tense shall include the future; the singular
number shall include the plural, and the plural, the singular. The
word "shall" is always mandatory. The words "zone" and "district"
are the same.
[6-10-2021 by Ord. No. 08-21]
a.
Only the following uses shall be permitted in the R-1 zone:
1.
Single-family dwellings.
2.
Accessory uses incidental to a permitted use.
3.
Uses of land and buildings by the Borough for public purposes.
4.
Automobile parking operated in conjunction with permitted uses.
5.
Boarders - not more than two per dwelling unit.
6.
Community residences for the developmentally disabled, as defined
in N.J.S.A. 40:55D-66.2, other than residential staff.
7.
Home occupations.
8.
Libraries.
9.
Public buildings of a governmental or cultural nature.
[6-10-2021 by Ord. No. 08-21]
Individual dwelling units shall be governed by the following
regulations:
a.
Successively placed dwellings not in planned residential developments
shall have different front elevation designs without repeating any
front elevation design within any successive group of four homes.
b.
Lots containing individual dwelling units shall have no more than
one curb cut, unless for the provision of a circular driveway.
[6-10-2021 by Ord. No. 08-21]
a.
In all residential districts there shall be at least one enclosed
garage for each dwelling unit hereafter erected. A garage for not
more than three vehicles may be erected on a single lot. Not more
than two commercial vehicles with not more than two axles each and
each not exceeding an overall length of 20 feet and an overall height
of 10 feet shall be permitted on said lot, and if there are two such
vehicles, at least one shall be garaged regularly. Only commercial
vehicles owned or operated by occupants of the principal residential
dwelling located on said lot shall be permitted thereon.
b.
In all residential districts, any garage which is demolished, destroyed
or made a part of the dwelling unit shall be required to be replaced
with another garage.
c.
Garages shall not have an exterior staircase to the attic or second
floor area.
[6-10-2021 by Ord. No. 08-21]
a.
Use Regulations. Home occupations/residence-based businesses shall
be a permitted accessory use provided that such business shall: 1)
be operated solely by the primary occupant of the residence and have
no more than one employee, assistant or associate unless it is a family
member; 2) have no customers or business invitees to the residence;
3) not have deliveries or cause vehicular traffic to the residence
in excess of that normally related to residential use; 4) shall only
be permitted to be operated within the principal building; and 5)
medical and veterinarian offices shall not be permitted.
b.
Requirements. Business shall be performed for pecuniary gain in or
directed from one or more residents of that dwelling unit and shall
1) not be inconsistent with the residential character of the dwelling
unit and present no outside appearance of business use; 2) require
no exterior modifications of a structural nature for operation; 3)
exhibit no exterior sign or other indication of a business; 4) use
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 neighbors; 5) not
involve use, storage, or disposal of any grouping or classification
of materials that the federal Secretary of Transportation or the state
or local ordinance designates as hazardous material; and 6) and shall
provide on-site parking for all employees, and no on-street parking
by such employees shall be permitted.
[6-10-2021 by Ord. No. 08-21]
In the R-1 Residence District the following conditions shall
be met:
a.
Height. The maximum height of a principal building shall be 2 1/2
stories or 32 feet, whichever is the lesser.
b.
Front Yard. There shall be a minimum front yard of 25 feet; provided,
however, that where existing buildings on the same side of the street,
in the same block or within 200 feet form an established setback line
less than 25 feet, new buildings shall conform to such established
line, provided no new building may project closer than 15 feet to
the front street property.
c.
Rear Yard. There shall be a minimum rear yard equal to 25 feet.
d.
Side Yards. There shall be two side yards and no side yard shall
be less than 12 feet.
e.
Lot Area. There shall be a minimum lot area of 12,500 square feet
which shall be measured within 125 feet of the front street property
line; provided, however, that the lot width at the street line shall
not be less than 60 feet and the lot width at the setback line shall
not be less than 100 feet.
f.
Floor Area. Every residence shall have a minimum floor area of 1,000
square feet. Dwellings having more than one story shall have a minimum
floor area of 700 square feet on the first floor and a minimum floor
area of 500 square feet on the second floor. Maximum one bedroom per
2,500 square feet of lot area.
g.
Building and Improved Lot Coverage.
1.
Total buildings: shall not exceed 30% of the lot area.
2.
Improved lot: shall not exceed 45% of the lot area.
3.
Total footprint of the accessory buildings, garages and sheds shall
not exceed 75% of the footprint of the principle building or 840 square
feet (e.g., 24 feet by 35 feet), whichever is less.
4.
Engineering review shall be required for all improved lot coverage
increase of more than 300 square feet.
h.
Driveways.
1.
Maximum curb cut width shall be 20 feet.
3.
Two curb cuts shall only be allowed on lots having a width of 100
feet or greater provided that there is a minimum of 50 feet between
the two curb cuts.
4.
In all cases, driveway areas shall be deemed as part of the improved
lot coverage.
6.
Installations and modifications to driveways shall require:
(a)
A permit from the Building Department at a fee as designated
by the Borough shall be required whether replacing, modifying or adding
to an existing or installing a new driveway.
(b)
A drawing subject to the Borough Code Official's reasonable
approval shall be required in order to confirm dimensions, placement
relative to the lot and type of material for the proposed construction
of the driveway.
(c)
An assessment by the Borough Code Official as to whether or not any additional documentation on stormwater runoff calculations and/or soil moving permits are required. The Borough Code Official shall be guided by the provisions of Subsection 32-6.10a of the Site Plan Review Ordinance in determining whether additional information and permits are required.
(d)
A driveway shall be required to provide access to a garage on
the property.
i.
Front Yard Setback Encroachments (for houses constructed prior to
2019).
1.
A landing or pad not greater than five feet by five feet plus its
associated steps may encroach no more than 10 feet into the front
yard setback without requiring a variance.
2.
Steps, assuming the associated elevated landing or pad to the house
conforms to the front yard setback, may encroach no more than 10 feet
into the front yard setback without requiring a variance.
3.
Roof covering of the elevated or non-elevated landing or pad to the
house shall be limited to the front edge of the landing or pad with
a maximum width of one foot beyond the width of the pad in either
direction.
[6-10-2021 by Ord. No. 08-21]
In the R-2 Residence District only the following uses are permitted:
a.
Any use as permitted and regulated in the R-1 Residence District.
Any such use shall comply with all required conditions of the R-1
Residence District.
b.
Garden apartments as conditional uses only in compliance with all of the requirements established in this § 34-5.
c.
The following accessory buildings only restricted to the use of tenants
are permitted in connection with garden apartments.
[6-10-2021 by Ord. No. 08-21]
Garden apartments shall be governed by the following regulations:
a.
The minimum distance between any two buildings shall not be less
than as required under the following formula,
|
HD = La + Lb + 2 (Ha + Hb)/8
|
|
HD is the required minimum horizontal distance between any wall
of building A, at any given level, and any wall of building B, at
any given level, or the vertical prolongation of either.
|
|
La is the total length of building A.
|
|
Lb is the total length of building B.
|
|
Ha is the height of building A; which is the average height
above the finished grade of the nearest wall facing building B.
|
|
Hb is the height of building B; which is the average height
above the finished grade of the nearest wall facing building A.
|
|
Density. The maximum permitted density may vary in accordance
with the following schedule.
|
|
Percentage of Apartment Units Containing Not More Than One Room
in Addition to Living Room Kitchen, Dining Room or Dinette, Bathrooms
and Closets
|
Maximum Number of Apartment Units Per Gross Acre
|
|---|---|
|
80 to 90
|
15
|
|
90 to 100
|
19
|
b.
Each building shall contain not more than eight individual dwelling
units, and attached buildings shall contain not more than 24 dwelling
units.
c.
The maximum length of any garden apartment building shall not exceed
160 feet.
d.
Unit Requirements.
1.
Number of Rooms per Unit. No dwelling unit shall contain more than
two rooms in addition to the living room, kitchen, dining room or
dinette, bathrooms. In addition, not more than 20% of the total number
of units in a development shall contain two such additional rooms.
2.
Minimum Floor Area. Each dwelling unit shall have a minimum floor
area in accordance with the following schedule:
|
Number of Rooms Exclusive of Living Room, Dining Room or Dinette,
Bathroom and Closets
|
Minimum Required Floor Area per Dwelling Unit (In square feet)
|
|---|---|
|
0 or 1
|
800
|
|
2
|
900
|
3.
Each unit shall have at least two exterior exposures with at least
one window in each exposure.
4.
Floors and ceilings and partitions between apartment units shall
be constructed so as to have a minimum airborne sound transmission
loss classification of 50 decibels. The Planning Board shall ascertain
that reasonable measures are taken in floor and ceiling construction
to avoid disturbing levels of impact sound.
5.
Basement storage space of 500 cubic feet shall be provided for each
unit.
e.
Where a court is provided, it shall have dimensions the minimum of
which shall be 45 feet. No court shall exceed in depth twice its width.
f.
Garages and Accessory Buildings. Garages may be built into the apartment
structure or separately constructed as hereinafter provided.
1.
Size. Each garage space shall be at least 10 feet in width and 20
feet in depth. Each group of attached garage spaces shall have a joint
capacity of not more than 10 automobiles arranged in a row.
2.
Height. The maximum height of any garage or accessory building shall
be 16 feet.
3.
Design. Architectural design and materials used in the construction
of garages and accessory buildings shall conform to those used in
the construction of the principal buildings.
4.
Setbacks. Garages and accessory buildings shall be erected beyond
the street setback of the principal buildings and shall be at least
25 feet from a principal building and at least 15 feet from another
accessory building.
g.
Parking and Traffic Circulation. Off-street parking facilities shall be provided in accordance with § 34-16, and in addition shall meet the following requirements:
1.
Location. Off-street parking areas shall be located beyond the street
setback for principal buildings. All parking areas shall be at least
15 feet from a principal building and at least 10 feet from a property
line.
2.
Two access drives leading to a street shall be required unless the
Planning Board determines that one such drive is sufficient for the
safe ingress and egress of traffic. Access drives shall be at least
20 feet in width and shall be located not closer than 10 feet to any
building or property line, except that access drives may be located
adjacent to a building when providing access to garage space in said
building. Access drives shall not enter a street closer than 50 feet
to an intersection.
h.
Utilities.
1.
All telephone and electric service lines on the property shall be
underground in accordance with the specifications and provisions of
the applicable standard terms and conditions incorporated as a part
of the public utility's tariff as the same are then on line with the
State of New Jersey Board of Regulatory Utility Commissioners.
2.
Water supply and sanitary sewerage facilities shall be subject to
the approval of all such agencies having jurisdiction.
i.
There shall be provided on the site of any garden apartment development
an area or areas of not less than 100 square feet of recreation space
for each dwelling unit. In no case shall there be less than 1,900
square feet devoted to joint recreational uses by the residents thereof.
Such recreational space shall be located in other than a front yard
and shall provide amenities usually associated with either passive
and/or active pursuits.
j.
Any unenclosed use or area may be required by the Planning Board to be landscaped and provisions, when deemed necessary, shall also be made for landscaping in accordance with the Chapter 32, Site Plan Review.
l.
Off-street parking and loading shall be subject to Schedule II, Off-Street
Parking Requirements; Schedule III, Off-Street Loading Requirements[1]; § 34-16, Regulations Governing Off-Street Parking and Loading; and Chapter 32, Site Plan Review.
[1]
Editor's Note: Said schedules are included as an attachment to this chapter.
m.
Miscellaneous.
1.
Television/satellite antennas shall be limited to one master antenna
per building.
2.
Air-conditioning units shall not extend more than 12 inches from
the exterior wall.
3.
Laundry facilities shall be provided in each building. Outside clothes
drying is prohibited.
4.
There shall be no incinerators on the premises or in the buildings.
All trash and garbage shall be stored at all times in air-tight covered
containers, which shall be kept in a centrally located, concealed
area outside the building.
5.
Except for public telephones and laundry machines, there shall be
no coin-operated machines.
[6-10-2021 by Ord. No. 08-21]
The purpose and intent of the R-3 District is to allow for a
redevelopment of the site for age-restricted multifamily development,
related ancillary activities and open space designed to complement
the existing surrounding development pattern.
[6-10-2021 by Ord. No. 08-21]
The principal permitted uses allowed in the R-3 District are
as follows:
[6-10-2021 by Ord. No. 08-21]
Parking areas shall be permitted as a use when the lot is located
within 100 feet of R-3 zoned property with age-restricted housing
and shall be required to satisfy the following standards:
[6-10-2021 by Ord. No. 08-21]
The following accessory uses shall be permitted in the R-3 District:
[6-10-2021 by Ord. No. 08-21]
a.
A minimum lot area of 34,000 square feet shall be required.
b.
Limitation
on Number of Uses on Each Lot. There shall not be more than one principal
use for each lot.
c.
Number of Buildings Permitted. There shall not be more than one principal
structure for each lot.
d.
One shade tree, with a minimum diameter of 2 1/2 inches measured
three feet above the ground, shall be provided for every 10 outdoor
parking spaces, with a maximum linear distance of 100 feet between
trees in the same parking row. Trees shall be staggered and/or spaced
so as not to interfere with driver vision and shall have branches
no lower than six feet.
[6-10-2021 by Ord. No. 08-21]
The following area and bulk requirements shall apply to all
development in the R-3 District:
|
Regulation
|
Age-Restricted Multifamily
|
Accessory Uses
|
|---|---|---|
|
Minimum lot area (acres)
|
7.0
|
NA
|
|
Minimum front yard setback (feet)
|
25
|
25
|
|
Minimum side/rear yard setback (feet)
|
25
|
25
|
|
Minimum buffer (feet)
|
10
|
10
|
|
Minimum open space (o/o)
|
25
|
NA
|
|
Maximum density (du/ac)
|
22
|
NA
|
|
Maximum building height (stories/feet)
|
4/42
|
2.5/32
|
|
Maximum building coverage (o/o)
|
40
|
40
|
[6-10-2021 by Ord. No. 08-21]
A minimum of 20% of the residential units constructed in the
R-3 Zone must be made available for occupancy to low- and moderate-income
residents age 62 years or older. The residents must be income qualified
utilizing the income eligibility requirements mandated by the State
of New Jersey, Council On Affordable Housing (COAH).
[6-10-2021 by Ord. No. 08-21]
Only the following principal permitted uses shall be permitted
in the B-1 Zone:
a.
Permitted Uses.
1.
Banks and financial institutions.
2.
Business and professional offices.
3.
Child-care centers pursuant to N.J.S.A. 40:55D-66.6.
4.
Medical offices.
5.
Public buildings of a governmental or cultural nature.
6.
Retail, trade, and service establishments, excluding automobile sales.
7.
Restaurants; provided, however, that drive-through restaurants as
defined in this chapter are deemed to be prohibited.
[Amended 10-28-2021 by Ord. No. 19-21]
8.
Personal services.
9.
Physical fitness establishments.
b.
Conditional Uses. Permitted only upon compliance with all conditions established in this chapter. See § 34-12, Conditional Uses.
c.
Mixed use shall be permitted, provided that commercial uses shall
be confined to the first floor of the structure and residential uses
(no more than one bedroom per 2,500 square feet lot area) shall be
confined to the second: except, however, that commercial uses shall
be permitted on the first and second floor of the structure where
all of the required on-site parking spaces are provided. In all buildings,
cellars shall be used only for utilities or storage.
[6-10-2021 by Ord. No. 08-21]
Vehicular driveway connections between any use on a lot in the
B-1 Zone and an abutting nonresidential district are encouraged and
may be permitted by the Planning Board upon its determination that
the same may be made without danger to the health and general welfare
of the surrounding properties and with due consideration of such factors
as congestion in the street, fire, panic, adequate light and air,
overcrowding of property or buildings, undue concentration of population
and conservation of value of property.
[6-10-2021 by Ord. No. 08-21]
In the B-1 District, the following conditions shall be met:
a.
Height. The maximum height of a principal building shall be 2 1/2
stories, or 32 feet, whichever is the lesser.
b.
Front Yard. There shall be a minimum front yard of 25 feet.
c.
Lot Area. There shall be a minimum lot area of 6,000 square feet.
d.
Building Coverage. Total building coverage shall not exceed 30% of
a lot area.
e.
Improved Lot Coverage. Total improved lot coverage shall not exceed
75% of the lot area.
f.
Lot Depth. There shall be a lot depth of a minimum of 100 feet.
g.
Lot Width. There shall be a minimum lot width of 60 feet.
h.
Side Yard. See Schedule I, Zoning District Area, Bulk and Yard Requirements.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
i.
Farmer's Market, which shall be defined as an open-air location where
vendors sell locally grown fruits and vegetables, baked goods, plants
and flowers, shall be permitted as a conditional use subject to the
following standards:
1.
A minimum lot area of 2/3 of an acre shall be required.
2.
A minimum of 20 parking spaces for patrons shall be provided.
3.
No vehicle having a weight in excess of 15,000 pounds shall be parked
on the premises.
4.
The Farmer's Market shall operate seasonally from June 1 to October
31 and on Saturdays only from 9:00 a.m. to 4:00 p.m.
5.
The operator of the Farmer's Market shall submit to the Construction
Official a plan illustrating the site of the proposed market that
addresses customer parking, vendor parking, vendor staging of materials,
on-site vehicular circulation and security. The plan shall also designate
the number of vendors who will be selling produce to the public. The
Construction Official shall have the authority to refer the matter
to the governing body for formal approval in its sole discretion.
In addition, the Chief of Police shall review the submitted plan as
same pertains to vehicular circulation and security considerations.
6.
The use shall be governed by the provisions of Ordinance No. 02-10 entitled, "An Ordinance To Authorize The Issuance Of A Seasonal Agricultural Market License Under Certain Terms and Conditions (Section 4-19) And To Amend Chapter 90 Of The Code Of The Borough Of Midland Park, Fees, To Provide Fees For The Licensing Thereof."
[6-10-2021 by Ord. No. 08-21]
Only the following uses shall be permitted in the B-2 Zone:
a.
Permitted Uses.
1.
Business and professional offices.
2.
Studios for artists, teachers and musicians.
3.
Public buildings of a governmental or cultural nature.
4.
Institutional uses.
5.
Medical offices.
6.
Physical fitness establishments.
7.
Physical therapy offices.
8.
Accessory uses customarily incidental to the above uses.
b.
Mixed use shall be permitted, provided that commercial uses shall
be confined to the first floor of the structure and residential uses
(no more than one bedroom per 2,500 square feet lot area) shall be
confined to the second; except, however, that commercial uses shall
be permitted on the first and second floor of the structure where
all of the required on-site parking spaces are provided. In all buildings,
cellars shall be used only for utilities or storage.
[6-10-2021 by Ord. No. 08-21]
Vehicular driveway connections between any use on a lot in the
B-2 Zone and any abutting nonresidential district is encouraged and
may be permitted by the Planning Board upon its determination that
the same may be made without danger to the health and general welfare
of the surrounding properties and with due consideration of such factors
as congestion in the street, fire, panic, adequate light and air,
overcrowding of property or buildings, undue concentration of population
and conservation of value of property.
[6-10-2021 by Ord. No. 08-21]
In the B-2 Zone, the following conditions shall be met:
a.
Lot Area. There shall be a minimum lot area of 12,500 square feet.
b.
Lot Width. There shall be a minimum lot width of 100 feet.
c.
Lot Depth. There shall be a minimum lot depth of 125 feet.
d.
Building Height - Stories. The maximum height of a principal building
shall not exceed three stories.
e.
Building Height - Feet. The maximum height of a principal building
shall not exceed 36 feet.
f.
Building Coverage. Total building coverage shall not exceed 30% of
the lot area.
g.
Improved Lot Coverage. Total improved lot coverage shall not exceed
40% of the lot area.
h.
Front Yard. There shall be a minimum front yard of 30 feet.
i.
Side Yard. See Schedule I, Zoning District Area, Bulk and Yard Requirements.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[6-10-2021 by Ord. No. 08-21]
In the Business Retail/Office District only the following uses
are permitted, provided that they do not exceed the limitations imposed
by the standards hereinafter set forth in this section.
a.
Retail and service commercial uses, but excluding automobile sales.
b.
Business and professional offices.
c.
Medical offices.
d.
Banks and financial institutions.
e.
Municipal facilities.
f.
Child-care centers pursuant to N.J.S.A. 40:55D-66.6.
g.
Supermarkets.
h.
Restaurants; provided, however, that drive-through restaurants as
defined in this chapter are deemed to be prohibited.
[Amended 10-28-2021 by Ord. No. 19-21]
i.
Personal services.
j.
Physical therapy.
k.
Physical fitness establishments.
l.
Mixed uses.
[6-10-2021 by Ord. No. 08-21]
a.
In the Business Retail/Office District the following conditions shall
apply to the designated class of uses:
|
Requirements
|
Retail
|
Office
|
|---|---|---|
|
Minimum lot area (square feet)
|
10,000
|
25,000
|
|
Minimum lot width (feet)
|
100
|
200
|
|
Minimum lot depth (feet)
|
100
|
125
|
|
Minimum building height (feet)
|
36
|
36
|
|
Maximum building height (stories)
|
2.5
|
2.5
|
|
Maximum lot coverage (%)
|
30
|
30
|
|
Maximum improved lot coverage (%)
|
75
|
75
|
|
Minimum front yard (feet)
|
25
|
25
|
|
Minimum side yard (feet)
|
12
|
12
|
|
Minimum rear yard (feet)
|
25
|
25
|
b.
No side yard is required adjacent to other property in the B-3 Zoning
District. If a side yard is provided, the minimum shall be 12 feet.
c.
For lots adjacent to any residential zoning district, a side yard
of a minimum of the greater of 20 feet or the height of the building
on the nonresidential lot shall be required.
[6-10-2021 by Ord. No. 08-21]
The following accessory uses shall be permitted in the B-3 District:
[6-10-2021 by Ord. No. 08-21]
Supermarkets in the B-3 District shall be governed by the following
conditions:
a.
Minimum lot area of three acres;
b.
Supermarkets shall be located on a lot with frontage on a major arterial
road as identified in the Borough Master Plan;
c.
All buffer zone requirements set forth in section 7-15 shall be complied with, provided that the minimum buffer zone shall not be less than 15 feet along each rear and side property line which abuts a residentially zoned or developed property, or abuts a public street. Furthermore, a minimum of thirty-foot buffer shall separate any loading space from a residentially zoned or developed property. No structure shall be placed in any buffer zone.
e.
Parking spaces shall be minimally nine feet by 18 feet.
f.
There shall be one nine-foot by eighteen-foot outdoor shopping cart
corral for every 15,000 square feet of gross floor area of the supermarket.
g.
When the business is not in operation, all on-site lighting shall
be reduced to an average maintained footcandle intensity of 0.3 footcandle.
h.
All parking areas shall be screened from view from residential areas
or streets by nondeciduous landscaping; provided, however, that no
screening shall be placed at any location which will interfere with
ingress and egress from the site or with the line of sight. Vehicles
exiting the site shall be directed by channelization, driveway design,
signalization or other appropriate traffic controls so that the traffic
flows away from portions or streets containing residential uses.
[6-10-2021 by Ord. No. 08-21]
Only the following uses shall be permitted in the I-1 Zone:
a.
Permitted Uses.
1.
Business and professional offices.
2.
Scientific and research laboratories, including incidental pilot
plants for testing of products or materials as accessories to a research
laboratory; provided, however, that in no case shall more than 25%
of the total floor space of any building be devoted to such incidental
use.
3.
Retail sales and services only if conducted within the confines of
the principal building and conducted only for the convenience of employees
and visitors of the permitted principal building.
4.
Public buildings of a governmental or cultural nature.
5.
Institutional uses.
7.
Accessory uses customarily incident to the above uses.
b.
Required Conditions. In the I-1 Industrial District the following
conditions shall be met:
1.
Height of Buildings. No building shall exceed three stories or 36
feet in height, whichever is the lesser.
2.
Front Yard. There shall be a front yard of not less than 50 feet.
3.
Side Yard. Each side yard shall have a minimum width of 25 feet.
4.
Rear Yard. There shall be a rear yard of not less than 50 feet.
5.
Storage. All materials and equipment shall be stored in completely
enclosed buildings.
6.
Minimum Lot Area. There shall be a minimum lot area of two acres
and every lot must have a minimum street frontage of at least 200
feet.
7.
Maximum bulk of buildings. The total floor area of all buildings
on a lot shall not exceed 30% of the area of the lot.
c.
In addition, a construction permit or certificate of occupancy shall
be issued only when the intended use will comply with the requirements
of paragraph c. of this subsection.
[6-10-2021 by Ord. No. 08-21]
a.
In the I-2 Industrial District only the following uses are permitted,
provided that they do not exceed the limitations imposed by the performance
standards hereinafter set forth in this section.
1.
Any process of manufacture, fabrication, treatment or conversion
of products.
2.
Scientific or research laboratories.
3.
Business and professional offices.
4.
Commercial warehouses, wholesale distribution centers and catering
operations.
5.
Retail, trade, and service establishments, excluding automobile sales.
6.
Public garages.
7.
Restaurants.
8.
Physical fitness establishments.
9.
Physical therapy.
10.
Personal services.
11.
Studios for artists, teachers and musicians.
12.
Mixed uses.
[6-10-2021 by Ord. No. 08-21]
In the I-2 Zone, the following conditions shall be met:
a.
Height of Buildings. No building shall exceed three stories or 36
feet in height, whichever is the lesser.
b.
Front Yard. There shall be a minimum front yard of 25 feet.
c.
Side Yard. There shall be a side yard requirement of a minimum of
15 feet for each side yard.
d.
Rear Yard. There shall be a minimum rear yard of not less than 25
feet.
e.
Building Coverage. Total building coverage shall not exceed 40% of
the lot area.
f.
Improved Lot Coverage. Total improved lot average shall not exceed
80% of the lot area.
[6-10-2021 by Ord. No. 08-21]
The purpose of this district is to replace inappropriate and
conflicting land use arrangements with attached single-family dwellings
which are in close proximity to a commercial district located on collector
roadways consistent with the findings and conclusions of the Midland
Park Master Plan and the current State Development and Redevelopment
Plan.
[6-10-2021 by Ord. No. 08-21]
Only the following enumerated uses shall be permitted in the
Attached Single-Family Dwelling Zone (ASFD):
[6-10-2021 by Ord. No. 08-21]
a.
Minimum required lot area: 20,000 square feet.
b.
Minimum required frontage upon an improved public right-of-way: 200
feet.
c.
The maximum attached single-family dwelling density shall not exceed
20 units to the acre.
d.
Maximum building height shall not exceed two residential stories
with a maximum building height of 38 feet above a single garage level.
e.
The garage level may contain, in addition to parking, utility rooms,
storage areas, recreation rooms, closets and bathrooms.
g.
Number of Buildings. Multiple principal buildings shall be permitted
on a building lot.
h.
No building shall contain more than six dwelling units.
i.
Building Fronts. There shall be a staggered offset of a minimum of
four feet for every two dwelling units in a row of units.
j.
Building Coverage. Not more than 30% of the lot shall be covered
by buildings or structures.
k.
Total Improved Coverage. No more than 65% of the lot shall be covered
by a combination of buildings, accessory structures, parking areas,
driveways, sidewalks and other improved surfaces.
l.
Minimum Open Space. Not less than 35% of the parcel area shall remain
as open and pervious space. Such areas shall be appropriately landscaped
and include a combination of ornamental trees, foundation plantings,
shrubs, bushes and lawn areas.
m.
At-grade patio features are encouraged but shall not encroach to
within 15 feet or a rear or side property line. Building coverage
shall be calculated without inclusion of at-grade patios.
n.
All development in the ASFD Zone shall provide on-site dwelling units
affordable to low- and moderate-income households in sufficient numbers
to satisfy the "growth share" of low- and moderate-income housing
attributed to such development consistent with the current rules promulgated
by the Council on Affordable Housing (COAH).
o.
All affordable housing units shall be affirmatively marketed in accordance
with current applicable COAH rules and regulations and at all times
be occupied by a certified low- or moderate-income household.
p.
All affordable housing units shall be deed restricted for a period
of years in accordance with current applicable COAH rules and regulations.
q.
All affordable housing units shall at all times comply with applicable
COAH uniform affordability controls.
r.
Parking. Off-street parking shall be provided in pursuant to the
standards contained in the Residential Site Improvement Standards.
s.
Utility Connections. All utilities shall be installed underground.
Appropriate utility easements shall be established and conveyed to
the appropriate provider.
t.
Signs. One ground development identification sign not to exceed 20
square feet is permitted. The required setback for any identification
sign shall be five feet from front property lines and 10 feet from
all other property lines. Said sign shall not be higher than six feet
above grade. Such sign shall be of a design complementary to the principal
buildings and may be illuminated, but not from internal lights. Any
identification sign shall include landscape elements that complement
and replicate the landscaping associated with the principal buildings.
u.
Privacy Screens. Privacy screens or fences between dwelling units
may be provided, but in no event shall they exceed a height of six
feet.
v.
Storage Areas. A minimum of 500 cubic foot storage area for each
dwelling unit shall be provided on site.
[6-10-2021 by Ord. No. 08-21]
b.
All conditional uses in the ASFD Zone shall be required to satisfy
the following conditional use conditions.
1.
The parcel must meet each of the development standards pursuant to Subsection 34-11A.3 of this section other than the parking standard. A shared parking arrangement between residential and nonresidential uses is encouraged in order to promote the more efficient utilization of land. The amount of required parking for the nonresidential portion of the mixed-use development shall be reduced 15% from applicable nonresidential parking standard. The amount of parking for the residential portion of the mixed used development shall be in accordance with RSIS.
2.
Conditional uses shall be located in a separate building from any
principal permitted use. Not more than one building containing conditional
uses per development is permitted.
3.
Any building containing conditional uses shall have a footprint not
to exceed 1,200 square feet.
4.
A building containing conditional uses shall not exceed two stories
or 28 feet.
5.
Buildings containing conditional uses shall be permitted in front
yards with a required setback of 15 feet from adjacent street lines
and five feet from all other property lines.
6.
Conditional uses shall be permitted one wall-mounted sign on each
wall surface facing a street, but in no event shall contain more than
two wall signs. The maximum width of any such sign shall not exceed
12 linear feet, and the height of any such sign shall not exceed two
feet.
7.
Buildings containing conditional uses shall maintain separate off-street
parking facilities which shall be no closer than five feet to any
property line.
Where applicable, but not limited to shall be governed by the
following regulations:
[6-10-2021 by Ord. No. 08-21]
a.
The minimum lot size shall be 10,000 square feet, and the minimum
width along the street shall be 100 feet.
b.
Motor vehicle service stations shall not be located within 200 feet
of the following uses: schools, parks and playgrounds, municipal buildings,
churches and other houses of worship, hospitals, nursing homes and
institutions for the education and welfare of children or adults.
c.
Vehicular access to motor vehicle service stations shall not be closer
to the intersection of any two street lot lines than 50 feet, nor
shall a motor vehicle service station be located within 25 feet of
any boundary line of any residential zoning district.
d.
Automobile repair work shall be performed within a building except
for sale of gasoline or oil.
e.
No merchandise shall be sold or kept for sale except petroleum products
and automobile accessories reasonably necessary for the safe, lawful
or convenient operation of motor vehicles.
f.
All automobile parts shall be stored within a fully enclosed building.
g.
No space may be rented for any motor vehicle or trailer, nor may
any motor vehicle or trailer be stored in the front yard. Vehicles
left for servicing may not be parked at a motor vehicle service station
for more than 30 days from the date vehicle was brought to the station.
Vehicles shall be parked only in such location as is shown on an approved
site plan.
h.
A wall, fence or suitable evergreen hedge row or screen planting
at least five feet in height shall be constructed and maintained between
the gasoline service station and any abutting lot. The design of such
wall, fence or planting shall be subject to the approval of the Planning
Board, which may also require additional planting to screen the service
station from adjoining lots.
j.
No motor vehicle or trailer may be used on these premises for signage
or storage.
[6-10-2021 by Ord. No. 08-21]
Community residences for the developmentally disabled and community
shelters for victims of domestic violence shall be a permitted use
in all residential districts, subject to the following:
a.
A community residence or shelter shall comply fully with all zoning
and health regulations applicable to single-family residences in the
zone district in which it is located.
b.
A community residence or shelter may be occupied by no more than
the number of residents allowed as per N.J.S.A. 40:55D-66.1 excluding
residential staff.
[6-10-2021 by Ord. No. 08-21]
a.
Establishments serving food or drink for consumption on the premises
but outside enclosed building are permitted according to outdoor cafe
ordinance (4-18).
b.
Outside service counters are prohibited.
c.
Seating shall be limited to the max of 24 seats or 50% of the indoor
seating.
d.
No additional parking shall be required for seasonal.
e.
Nothing contained in this subsection shall be deemed to prevent or
limit the sale of food or refreshments or refreshment stands at authorized
fairs, carnivals, public events and the like.
[6-10-2021 by Ord. No. 08-21]
a.
Outlets and pickup for laundries, cleaning and dry cleaning establishments
and self-service automatic laundry and dry cleaning establishments
shall be prohibited from storing strong flammable solvents, except
for the incidental removal of spots, and as provided in the latest
edition of the New Jersey Fire Prevention Code as modified and adopted
by the Borough.
b.
Self-service automatic laundry and dry cleaning establishments shall
not be permitted to contain more than 20 machines for washing, cleaning
and drying. This shall not apply to a room or rooms containing laundry
machines in a residential structure used for the convenience of the
occupants, whether or not coin operated.
[6-10-2021 by Ord. No. 08-21]
A house of worship shall be permitted in all zone districts
of the Borough as a conditional use, subject to the following requirements,
which shall take precedence over any conflicting regulation for the
zone district in which the use is located:
a.
Height. No building shall exceed a maximum height as regulated for
the zone district in which it is situated. A steeple is not to be
included in determining the maximum height of the building.
b.
Front and Rear Yard. There shall be front and rear yards having depths
not less than those which are regulated for the zone district in which
they are situated.
c.
Side Yard. There shall be two side yards, and no side yard shall
be less that which is required for the zone in which it is located,
except the R-1 and R-2 Residence Districts, where the minimum width
shall not be less than 25 feet.
d.
Minimum Lot Area. There shall be a minimum lot area of two acres,
having a minimum frontage of 200 feet on an improved street.
e.
Maximum Building Coverage. The total gross ground floor area of all
buildings shall not exceed 25% of the lot.
f.
Buffering. A buffer strip of 10 feet minimum width shall be provided
where the lot abuts a nonresidential district and a minimum of 15
feet where it abuts residential property. This buffer strip shall
provide a year-round visual screen consisting of native vegetation
in order to minimize adverse impacts on the adjacent property or from
adjacent areas. Buffer strips may also be used for stormwater management
by the disconnection of impervious surfaces and treating runoff from
these impervious surfaces.
h.
Parking Lot Landscaping. At least 5% of the interior parking area
shall be landscaped with native vegetation and one tree for each 10
spaces shall be installed. No parking spaces shall be located in the
front yard area, and the parking lot street frontage shall be adequately
screened.
i.
Walkways. Adequate walkways shall be provided within the parking
area and adjacent to buildings for the safe travel and discharge and
pickup of vehicle passengers.
[6-10-2021 by Ord. No. 08-21]
a.
A minimum lot area of 2/3 of an acre shall be required.
b.
A minimum of 20 parking spaces for patrons shall be provided.
c.
No vehicle having a weight in excess of 15,000 pounds shall be parked
on the premises.
d.
The Farmer's Market shall operate seasonally from June 1 to October
31 and on Saturdays only from 9:00 a.m. to 4:00 p.m.
e.
The operator of the Farmer's Market shall submit to the Construction
Official a plan illustrating the site of the proposed market that
addresses customer parking, vendor parking, vendor staging of materials,
on-site vehicular circulation and security. The plan shall also designate
the number of vendors who will be selling produce to the public. The
Construction Official shall have the authority to refer the matter
to the governing body for formal approval in its sole discretion.
In addition, the Chief of Police shall review the submitted plan as
same pertains to vehicular circulation and security considerations.
f.
The use shall be governed by the provisions of Ordinance No. 02-10 entitled, "An Ordinance To Authorize The Issuance Of A Seasonal Agricultural Market License Under Certain Terms and Conditions (§ 4-19) And To Amend Chapter 90 Of The Code Of The Borough Of Midland Park, Fees, To Provide Fees For The Licensing Thereof.
[6-10-2021 by Ord. No. 08-21]
a.
Commercial uses shall be confined to the first floor of the structure
when mixed with residential uses.
b.
Residential uses (no more than one bedroom per 2,500 square feet
of lot area) shall be confined to the upper floors.
c.
Commercial uses shall be permitted on any floor of the structure
where all of the required on-site parking spaces are provided.
d.
Cellars/basements shall be used only for utilities or storage.
[6-10-2021 by Ord. No. 08-21]
a.
The minimum lot size shall be 10,000 square feet, and the minimum
width along the street shall be 100 feet.
b.
A car
wash shall not be located within 200 feet of the following uses: schools,
parks and playgrounds, municipal buildings, churches and other houses
of worship, hospitals, nursing homes and institutions for the education
and welfare of children or adults.
c.
No merchandise shall be sold or kept for sale except automobile accessories
reasonably necessary for the cleaning of motor vehicles.
d.
A wall, fence or suitable evergreen hedge row or screen planting
at least five feet in height shall be constructed and maintained between
the gasoline service station and any abutting lot. The design of such
wall, fence or planting shall be subject to the approval of the Planning
Board, which may also require additional planting to screen the car
wash from adjoining lots.
[6-10-2021 by Ord. No. 08-21]
[6-10-2021 by Ord. No. 08-21]
a.
Located in excess of 500 feet from a residential use.
b.
Outdoor exercise areas for no more than five animals at a time.
c.
All boarding must be contained within the confines of the buildings.
d.
Parking requirements: one space per three animal spaces.
e.
A wall, fence or suitable evergreen hedge row or screen planting
at least five feet in height shall be constructed and maintained between
the gasoline service station and any abutting lot. The design of such
wall, fence or planting shall be subject to the approval of the Planning
Board, which may also require additional planting to screen any outdoor
areas from adjoining lots.
[6-10-2021 by Ord. No. 08-21]
Accessory buildings and structures shall be governed by the
following regulations:
a.
Accessory buildings and structures in all residential zoning may
be erected in any side yard or rear yard provided that:
1.
No such accessory building or structure shall exceed 12 feet in height,
except for a private garage which shall not exceed 18 feet.
2.
No accessory building or structure shall be closer to any lot line
than five feet.
3.
The aggregate of all accessory buildings and structures shall not
occupy more than 30% of the area of the side or rear yard in which
said accessory building or structure is located.
4.
In no event, within the front yard, shall any accessory building
or structure, which is not ornamental in nature, be located between
the principal building and the street right-of-way.
5.
No portion of an accessory building or structure shall be used for
living quarters, home occupations/residence-based businesses, temporary
or permanent except storage.
6.
No accessory building shall be located closer than 10 feet to the
principal dwelling or another accessory building.
7.
No accessory building shall have a height that exceeds the height
of the principal building.
b.
In all nonresidential zoning districts, accessory buildings and structures
which are not attached to a principal building or structure may be
erected in any side yard or rear yard provided that:
1.
No such accessory building or structure shall be located closer than
15 feet to any lot line. This shall not apply to retaining walls and
fences, provided these do not exceed six feet in height.
2.
The aggregate of all such accessory buildings or structures shall
not occupy more than 25% of the side yard or rear yard in which said
accessory building or structure is located.
3.
No accessory building or structure shall be located closer to the
street right-of-way line than the required front yard setback of the
principal building. In no event, within the front yard, shall any
accessory building or structure, except of an ornamental nature, be
located between the principal building and the street right-of-way.
4.
No portion of an accessory building or structure shall be used for
living quarters, temporary or permanent.
5.
No accessory building shall be located closer than 12 feet to a principal
building.
6.
Except as otherwise specifically provided, accessory buildings and
structures which are attached to the principal building and are within
a nonresidential zoning district shall comply in all respects with
the requirements of this chapter governing the principal building.
[6-10-2021 by Ord. No. 08-21]
a.
Fences in all residential zoning districts shall be governed by the
following regulations:
1.
Fences within a radius of 25 feet from the corner of an intersection
of any two or more roadways shall not exceed 2 1/2 feet in height
above the curb level. The open area of the fence shall be a minimum
of 50%.
2.
Except on corner lots, fences between the front property line and
the front building line shall not exceed four feet in height above
ground level, where the grade shall not be changed more than 12 inches
from existing grade. The open area of the fence shall be a minimum
of 50%.
3.
Fences from the front building line to the rear property line and
along the rear property line shall not exceed five feet in height
above ground level, where the grade shall not be changed more than
12 inches from existing grade.
4.
Fences on corner lots shall not exceed four feet in height and not
impair traffic line-of-sight, except for fences along the rear lot
line which shall not exceed five feet in height, where the grade shall
not be changed more than 12 inches from existing grade. The open area
of the fence in both front yards shall be a minimum of 50%.
5.
The finished side of all fences shall face outward from the property.
6.
Application for such fences shall be made in writing to the Construction
Official. The Construction Official shall deliver a copy of such application
to the Zoning Officer. The application shall set forth the following
information:
7.
The Zoning Officer may approve the construction of such fence if
it complies with the terms hereof, and provided it is set back a reasonable
distance from the property line so as to permit its erection and maintenance
without trespassing on property of other persons, provided it does
not unreasonably obstruct the enjoyment of light and air to the owners
of adjoining property, and provided further it does not endanger the
safety of persons lawfully using public streets.
9.
If a property is abutting another property of a different zone, then
the maximum fence height allowed shall be the greater of either zone
for that portion of the property which abuts the property with a different
zone.
b.
Fences in all nonresidential zoning districts are governed by the
following regulations:
1.
Fences or other approved buffers are required for all properties
in all nonresidential zoning districts where such properties abut
any residential zoning district boundary line or residential use.
2.
All fences in nonresidential zoning districts are subject to site plan approval and shall be subject to all requirements applicable to the zoning district, as well as the provisions governing buffer zones as set forth in § 34-15.
3.
The maximum allowable fence height in the B-1, B-2 and B-3 Districts
shall be six feet, and in the I-1 and I-2 Districts shall be eight
feet. If a property is abutting another property of a different zone,
then the maximum fence height allowed shall be the greater of either
zone for that portion of the property which abuts the property with
a different zone.
[6-10-2021 by Ord. No. 08-21]
Outside storage areas shall be governed by the following regulations:
a.
Flammable and explosive liquids, solids or gases shall be stored
in appropriate containers as regulated in the Borough's Fire Prevention
Code.[1] Such materials shall not be permitted for outdoor storage
in residential zoning districts and shall not be stored on lots abutting
residential zoning districts.
b.
No material or wastes which might cause fumes or dust or which might
constitute a fire hazard or which may be edible by or otherwise attractive
to animals or insects shall be stored outdoors unless in closed containers.
c.
All outdoor storage facilities shall be enclosed by a fence or wall adequate to buffer and/or screen such facilities and the contents thereof from adjacent property. Where the storage facility abuts a residential use, a landscaped buffer shall be provided in accordance with § 34-15.
d.
In the I-1 and I-2 Zones, the following are permitted:
1.
The storage and/or sale of landscape products, related landscape
products and related landscape merchandise at nursery stands.
2.
The sale of gasoline and related automobile engine fluids at motor vehicle service stations. The requirements of Subsection 34-12.1 shall also apply.
3.
Sales of goods by nonprofit and/or philanthropic organizations subject
to issuance of a special permit by the Borough Clerk.
e.
Notwithstanding the foregoing provisions, the Planning Board may
authorize the outdoor sale and display of special seasonal products
not normally sold throughout the year and not normally stored in the
building of a particular business subject to the following limitations:
1.
Said display or sale shall be limited to 60 days in any year for
any one business.
2.
Said display is not located in any parking area or on any public
sidewalk nor so located as to interfere with pedestrians or vehicular
movement. The foregoing provision shall not be deemed to permit junkyards
or the outdoor storage of used or abandoned articles or equipment.
[6-10-2021 by Ord. No. 08-21]
Essential services shall be governed by the following regulations:
a.
Enclosed or permanent structures providing public utility services
including the following uses, electric substations, transformers,
switches and auxiliary distribution equipment, water pumping and distribution
stations and similar stations and equipment, located in any residential
zoning districts shall be subject to the following regulations:
1.
The locations, design and operation of such facilities may not adversely
affect the character of the surrounding residential or nonresidential
neighborhood.
b.
Open, unenclosed uses shall be limited to the erection, construction,
alteration or maintenance, by public utilities or municipal, state
or other governmental agencies, of underground or overhead electrical,
gas, water transmission or distribution systems or collection, communication,
supply or disposal systems. Such systems may include poles, wires,
mains, conduits, drains, sewers, pipes, cables, alarms, signals, hydrants
and other similar equipment and auxiliary supplies in connection therewith
reasonably necessary for the delivery and supply of adequate services
by such public utilities and governmental agencies. No buildings are
permitted.
[6-10-2021 by Ord. No. 08-21]
In all districts, noncommercial trailers, mobile homes, boats,
campers, aircraft and similar portable or wheel-based objects must
be completely garaged or otherwise stored within a building at all
times, except that one such vehicle or object may be stored outside
the confines of a building subject to the following conditions:
a.
Said vehicle or object is registered to or leased by the occupant
of the premises.
b.
The area devoted to storage of the vehicle or object is located in
the side or rear yard only.
c.
The length of said vehicle or object does not exceed 32 feet.
d.
Said object is not located closer to the property line than the greater
of five feet or the height of the vehicle or object.
e.
Said object is screened from view from any adjoining property.
f.
No trailer, mobile home, boat, camper or other vehicle shall be used
as a residence or signage.
[6-10-2021 by Ord. No. 08-21]
a.
In all business zones, no noise-making devices such as phonographs,
loudspeakers, amplifiers, radios, television sets or similar devices
shall be used or so situated so as to be heard beyond the limits of
the property. A public address system is permitted in a shopping center
in the B-1 and B-3 District if operated by the management and not
in the individual stores, and provided that no commercial announcement
or advertisements shall be used in connection therewith, and provided
that the sound is restricted to the immediate area of the buildings
and is not audible in any residential districts.
b.
In all residential and business districts R-1, R-2, R-3, B-1, B-2
and B-3, no person shall permit or cause the loading or unloading
of any goods, wares or merchandise of any kind whatsoever from or
upon any truck or vehicle to be parked for the purpose of loading
or unloading during the hours between 10:00 p.m. and 6:00 a.m., Monday
through Friday, and between 10:00 p.m. Saturday through 6:00 a.m.
Monday, with the following exceptions:
1.
Where any loading or unloading shall not require a vehicle to be
parked in excess of five minutes.
2.
Vehicles requiring freezer compressors or engine operation shall
not operate such equipment for periods in excess of three hours per
day, such periods to be between the hours specified above.
3.
Where the Planning Board or Board of Adjustment has, prior hereto
or hereafter, in particular cases effecting particular property, imposed
greater restrictions than imposed herein, the greater restriction
shall prevail.
[6-10-2021 by Ord. No. 08-21]
a.
Unless a soil movement permit is first obtained, no excavation shall
be made in any district for the purpose of removing soil, sand, gravel,
rock or other earthen material, nor shall any soil, gravel, rock or
other earthen substance be placed on any lot provided that this regulation
shall not apply to:
1.
Excavations for basements or structures to be erected on the land
forthwith.
2.
Grading or landscaping incidental to the development of the land as shown on a site plan approved pursuant to Chapter 32, Site Plan Review.
3.
Work performed by or under contract with the Borough.
4.
Work which does not require site plan approval, provided that the
Borough Engineer determines that no adverse impact on drainage will
result from the work and provided further that no soil from off-site
sources is placed on the lot.
5.
Installation of crushed stone for the purpose of construction or
repair of driveways serving one- or two-family residential dwellings
or repair of driveway and parking areas shown on existing approved
site plans.
6.
Any movement or excavation of soil in an amount less than 50 cubic
yards.
b.
Applications for soil movement permits shall be made to the Planning
Board, provided that if the soil movement involves an application
for development within the jurisdiction of the Board of Adjustment,
the application may be made to the Board of Adjustment.
c.
Application Requirements; Factors Considered; Additional Requirements.
1.
Applications for soil movement permits shall include a reasonable
accurate drawing of the lot or lots to be affected by the proposed
movement. The application shall indicate the proposed quantity of
soil to be moved and shall also contain the following information
and shall be certified as to accuracy by a licensed engineer:
(a)
Existing and proposed contour lines at appropriate intervals.
(b)
A description of the existing natural growth and any topographic
or geologic features which may characterize the affected property.
(c)
Natural drainage features.
(d)
The location of any existing or proposed structures on the affected
property.
(e)
A detailed statement of the method or process to be employed
for the movement and the proposed time period.
(f)
Such additional information as reasonably may be required by
the Borough Engineer or approving Board in order to carry out the
intent of this chapter.
2.
Particular consideration shall be given to the following factors:
3.
Additional Requirements. The approving board shall not recommend
and no soil movement permit shall be granted unless there is a finding
that adequate provision is made for the following:
(a)
There is appropriate provision for safety, including appropriate
access points for the affected area.
(b)
The test results have been delivered to the Borough Engineer.
(c)
The Borough Engineer notifies the approving Board that the soil
to be placed contains no hazardous substances as that term is defined
in the Environmental Clean-Up Responsibility Act, N.J.S.A. 13:1K-6
et seq.
(d)
Adequate provision shall be made to prevent any surface waters
from damaging the surface of any excavation or the sloping surface
of a cut or fill and otherwise adequate provisions have been made
for surface and subsurface drainage.
(e)
The soil movement shall not be made so close to a property line
as to damage or endanger any adjoining property.
(f)
Grades and elevations of adjoining streets and lands shall not
be adversely affected, and such other factors as may relate to appropriate
physical development of the Borough and the Master Plan shall be considered
and provided for.
(g)
Soil movement will not extend over an unreasonable period of
time, and a prerequisite to the issuance of a permit for such solid
movement shall be the filing with the Borough of an appropriate surety
bond for the benefit of the Borough and any person suffering loss
or injury by reason of any violation of applicable laws, ordinances
or the conditions imposed in connection with the granting of such
a soil movement.
[6-10-2021 by Ord. No. 08-21]
a.
Public utilities buildings and facilities may be located in any business
or industrial district as a conditional use. However, before a construction
permit or certificate of occupancy shall be issued, application shall
be made to the appropriate Board, which after a hearing may grant
such permit or certificate if in the Board's judgment it will not
be detrimental to the health, safety and general welfare of the community
and is reasonably necessary for the convenience of the community.
In granting such permit, the Board may require such conditions as
it deems appropriate for the proper development of the property and
protection to the adjacent properties and shall ascertain that all
of the following requirements are met:
b.
The provisions of this section shall not apply to utilities such
as telephone, gas, water, sewer or electric distribution lines and
similar facilities necessary to the public health, safety and general
welfare of the municipality, which facilities are permitted in all
zones subject to the approval of the Borough.
[6-10-2021 by Ord. No. 08-21]
[6-10-2021 by Ord. No. 08-21]
a.
Purpose. The purpose of this section is to permit solar energy systems
as an accessory use when certain standards are met and to provide
an opportunity for and promote the effective and efficient use of
solar energy systems while minimizing the potential negative impacts
that such systems may create on surrounding properties. It is the
intent that the system will be to provide energy for the principal
use of the property whereon said system is to be located and shall
not be for the generation of power for commercial purposes, although
this provision shall not be interpreted to prohibit the sale of excess
power generated from time to time from a solar energy system designed
to meet the energy needs of the principal use.
b.
Standards.
1.
Solar energy systems are permitted as an accessory use on the same
lot as the principal use in all zone districts, subject to the provisions
herein. Solar energy systems shall not be permitted as a principal
use in any zone. The main purpose of such systems shall be to generate
energy to satisfy all or a portion of the energy requirements associated
with the on-site dwelling(s) or business(es), rather than for sale
back into the electrical grid system or for the power supply of any
other property. This provision shall not be interpreted to prohibit
the sale of excess power generated from time to time from a solar
energy system that is designed to meet the energy needs of the principal
use.
2.
Solar panels shall be permitted as a rooftop installation in any
zoning district. The solar panels shall not exceed a height of eight
inches from at any location on the rooftop in a pitched roof installation.
For any flat roof installation the roof top installation panels shall
not exceed three feet in height from the rooftop in the I-1 and 1-2
Zones and two feet in all other zones. In no event shall the placement
of the solar panels result in a total height, including building and
panels greater than what is permitted for the principal building or
accessory structure in the zoning district in which the property is
located.
3.
Solar panels shall be permitted as ground arrays only in the I-1
and 1-2 Zones in accordance with the following:
(b)
Ground arrays shall not be permitted in a front or side yard.
(c)
Ground arrays shall not exceed seven feet in height.
(d)
Ground arrays shall not exceed 50% of the principal building
floor area. Measurement of the area of the ground array shall be from
the outside edges of the ground array and shall include the area between
the solar panels.
(e)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(f)
Ground arrays shall be a minimum of 15 feet from any building
or structure.
(g)
A buffer shall be installed for all ground arrays, which buffer
shall consist of a solid or tightly woven fence or evergreen plantings
at least six feet in height.
4.
A solar energy system installed on a nonconforming structure or on
a site containing a nonconforming structure or use shall be considered
an expansion of the nonconforming structure or use.
5.
In residential zones and in other zones where the use of the property
is residential, all accessory equipment, including any ground-mounted
mechanical equipment associated with and necessary for operation,
including an enclosure for batteries and storage cells, but not including
solar panels, shall be screened so as not be visible from the street.
In all other zones, all such accessory equipment shall be enclosed
with a six-foot high fence or evergreen plantings. A separate building
for the accessory equipment is permitted as an accessory structure,
which structure shall be subject to the zoning requirements related
to accessory structures and may not exceed 140 square feet or more
than eight feet in height.
c.
General Provisions.
1.
The installation of a solar energy system is subject to local electric
public utility requirements for interconnection to the electrical
distribution system. All interconnections shall comply with the applicable
regulations established by the agency having jurisdiction.
2.
All new electrical transmission lines associated with the installation
of a solar energy system shall be located underground, unless the
local electric public utility requires they be installed on existing
utility poles.
3.
Solar energy systems installed on, within or above a stormwater management
facility, parking lot, sign structure or any other type of freestanding
structure not specifically considered a roof by the Construction Official
shall be considered a ground-mounted system.
4.
The design of solar energy systems shall, to the maximum extent practicable,
use materials, colors, textures, shades, screening and landscaping
that will blend into the natural setting and existing environment.
5.
Solar energy systems shall not be used for displaying any advertising.
Reasonable identification of the manufacturer and/or operator of the
system is permitted using text that does not exceed a height of two
inches. Hazard and/or warning signs pertinent to the electrical nature
of the equipment shall also be permitted.
6.
An external disconnect switch, which is clearly identified, unobstructed
and accessible, shall be provided in accordance with NEC requirements
and any other local or state law, regulation code or ordinance that
may be applicable.
7.
Signage identifying the use of solar panels shall be posted at a
location approved by the Fire Prevention Official and as may be required
by other local or state law, regulation, code or ordinance. The signage
shall clearly state the name, address and telephone number of the
vendor authorized to deactivate the solar energy system in the case
of an emergency and NEC requirements and shall also include any other
information that is required by any local or state law, regulation,
code or ordinance. The signage shall be a size and design approved
by the Fire Prevention Official.
8.
In addition to the required signage, owners or property owners shall
provide the Borough Fire Official with a map illustrating the location
of the disconnect switch, as well as any information regarding the
vendor authorized to deactivate the solar panel.
9.
Marking is required on all interior and exterior direct conduit,
raceway, enclosures, cable assemblies and junction boxes to alert
the fire service to avoid cutting them.
10.
The installation of a solar energy system is subject to all
the requirements of all electrical companies providing electric services
within the Borough of Midland Park
11.
Solar energy systems that connect to the electric utility shall
comply with the New Jersey's Net Metering and Interconnection Standards
for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.m, Standards
for and regulations of solar energy systems.
12.
The structural design shall be signed and sealed by a professional
engineer, licensed in the State of New Jersey, certifying that the
structural design complies with all of the standards set forth for
safety and stability in all applicable codes then in effect in the
State of New Jersey and all sections referred to hereinabove.
d.
Installation Requirements.
1.
The design of the solar energy system shall conform to all applicable
industry standards including the New Jersey Uniform Construction Code,
the National Electric Code and the Borough of Midland Park Building
Code and Zoning Regulations. The applicant shall submit certificates
of design compliance obtained by the equipment manufacturer from a
certified organization and any such design shall be certified by an
engineer licensed in the State of New Jersey. The manufacturer specifications
shall be submitted as part of the application. Such design shall include
sufficient information to establish that the system is designed solely
for the energy needs and consumption of the residential or commercial
building.
2.
All solar panels installed on a pitched roof shall be installed at
least three feet from the roof edges, and three feet from the ridge
of the roof. There shall also be a three-foot access to all mechanical
units and skylights.
3.
Subject to the other provisions of Subsection 34-13.10e, commercial rooftop arrays shall be installed in sections no greater than 75 feet by 75 feet in distance in either axis with a four-foot pathway between sections. There shall be a minimum four-foot pathway on center access of building in both directions. A four-foot access to skylights, roof hatches, and fire standpipes shall be provided to the perimeter wall.
4.
No solar panel or other part of the solar energy system shall be
installed in front of or otherwise interfere with an egress window
(as defined in the International Building Code, New Jersey Edition
and the International Residential Code).
e.
Abandonment.
1.
A solar energy system that is out of service for a continuous twelve-month
period will be deemed to have been abandoned.
2.
The Construction Official may issue a notice of abandonment to the
solar system owner and to the property owner for a solar energy system
that is deemed to have been abandoned. The notice shall be sent return
receipt requested.
3.
The solar system owner and/or the property owner shall have the right
to respond to the notice of abandonment within 30 days from notice
receipt date.
4.
If the solar system owner or the property owner provides information
that demonstrated the solar energy system has not been abandoned,
the Construction Official shall withdraw the notice of abandonment
and notify the solar system owner and the property owner that the
notice has been withdrawn.
5.
If the Construction Official or the Borough Administrator determines
that the solar energy system has been abandoned, the solar system
owner or the property owner shall remove the facility in its entirety
at the solar system owner's and/or property owner's sole expense within
six months after the receipt of the notice of abandonment.
6.
When a solar system owner has been notified to remove the solar system
and has not done so within six months after receiving said notice,
then the Construction Official may remove such system and place a
lien upon the property for the cost of the removal. If removed by
the solar system owner, a demolition permit shall be obtained and
the facility shall be removed. Upon removal, the site shall be cleaned,
restored and vegetated to blend with the existing surrounding vegetation
at the time of abandonment.
f.
Approval Requirements.
1.
The Construction Official is authorized to issue a building permit for the installation of any roof-mounted solar energy system in any zone if such solar energy system conforms to all of the requirements herein. Notwithstanding, in the event that the installation includes any ground array, structure or any equipment that is not located within the existing building structure or if the installation does not meet all of the requirements of this chapter, the applicant must submit an application for development to the Planning Board for site plan approval. Any deviation from the requirements of this section shall require a variance. The applicant shall comply with all of the requirements of the New Jersey Municipal Land Use Law and the Ordinances of the Borough of Midland Park with respect to a hearing before the Planning Board or Board of Adjustment on said application, and shall comply with the remaining requirements of this section. Any application for site plan approval shall include all of the items and information required by the site plan ordinance. In addition, the applicant shall include design drawings of the solar energy system including the information required by Subsections 34-13.10d and e.
2.
The Planning Board shall make a determination of completeness upon
recommendation of the Planning Board Engineer in accordance with the
New Jersey Municipal Land Use Law and shall schedule a public hearing
as required by the provisions of the New Jersey Municipal Land Use
law with respect to publication of notice and notice to property owners
within 200 feet of the site.
3.
If the application is approved, the Planning Board or Board of Adjustment
shall adopt a resolution of approval and forward the same to the Construction
Official for the issuance of a permit by the Construction Official.
In the event that the Planning Board or Board of Adjustment denies
the application for the construction and erection of solar panels,
the same will be done by written resolution in accordance with the
requirements of the New Jersey Municipal Land Use law.
5.
All applications, whether or not an application for development is
required, shall be submitted to the Building Department and Fire Sub-Code
Official for review and comment.
g.
Existing Alternative Power Sources (Solar Facilities). Existing alternative
power sources which have been approved and are in operation as of
the date of the passage of this section, and not in conformance of
the terms and conditions of this section, may continue operation;
however, in the event that the same are upgraded for any reason whatsoever,
shall comply with this section in all respects.
h.
Fees and Escrows. Application fees and escrows will be paid in accordance
with the existing fee schedule applicable to the fees and escrows
required for site plan and variance applications.
i.
Violations. It is unlawful for any person to construct, install,
or operate a solar energy system that is not in compliance with this
section. Both the solar system owner and the owner of the property
on which the solar energy system is located shall be liable.
j.
Administration and Enforcement.
1.
This section shall be enforced by the Construction Official or other
official as designated by the Mayor and Council.
2.
The Construction Official/Electrical Inspector may enter any property
for which a permit has been issued under this section to conduct an
inspection to determine whether the conditions stated in the permit
have been met.
3.
The Construction Official may issue orders to abate any violation
of this section.
4.
The Construction Official may issue a citation to the owner and the
owner of the property on which the violation exists for any violation
of this section.
[6-10-2021 by Ord. No. 08-21]
a.
The installation of a generator, air-conditioning units, and/or any
similar utilities may not result in any change to the existing parking,
traffic and/or building layout.
b.
The location of a generator, air-conditioning units and/or any similar
utilities shall conform to all required accessory structure setbacks.
c.
In all nonresidential zones, the location of a generator, air-conditioning
units and/or any similar utilities shall be no less than 15 feet from
any property line.
d.
In all residential zones, the location of a generator, air-conditioning
units and/or any similar utilities shall be no less than five feet
from any property line.
e.
A generator, air-conditioning units and/or any similar utilities
shall be screened such that it is not visible from the front yard.
f.
A generator, air-conditioning units and/or any similar utilities
shall only be located in the side or rear yards.
[6-10-2021 by Ord. No. 08-21]
In all districts, flag poles shall be permitted provided that:
[6-10-2021 by Ord. No. 08-21]
[6-10-2021 by Ord. No. 08-21]
a.
Except as otherwise regulated in this chapter, any multifamily residential
development of five or more units at or above six units per acre approved
as a result of any action of the Midland Park Planning Board or Board
of Adjustment shall be required to set aside a minimum percentage
of units for affordable housing. Where units will be for purchase,
the minimum set-aside shall be 20%. Where units will be for rent,
the minimum set-aside shall be 15%.
[6-10-2021 by Ord. No. 08-21 ]
a.
Any developer with an affordable housing set-aside requirement pursuant to Subsection 34-13A.1 above shall be permitted to satisfy said requirement through any of the following mechanisms, or a combination thereof, provided that advanced written permission is obtained from the Borough of Midland Park:
1.
On-site housing production;
2.
Off-site housing production in the Borough;
3.
The purchase of an existing market-rate dwelling at another location
in the Borough and conversion thereof to an affordable deed-restricted
dwelling in accordance with the applicable New Jersey Council on Affordable
Housing (COAH) regulations, as may be amended from time to time;
4.
Participation in gut rehabilitation and/or buy-down/write-down and/or
buy-down/rent-down programs;
5.
Payment in lieu of providing affordable housing; and
6.
Any other compliance mechanism permitted under the applicable COAH
regulations, as may be amended from time to time.
b.
Satisfaction of the affordable housing compliance mechanism(s) so
permitted shall be an automatic condition of all approvals. Said condition
shall be satisfied in accordance with COAH's phasing requirements
pursuant to N.J.A.C. 5:93-5.6(d).
[6-10-2021 by Ord. No. 08-21]
b.
The affordable units to be produced shall either be purchase or rental
units, which shall be at the discretion of the developer.
c.
It shall be the developer's responsibility, at its cost and expense,
to arrange for an administering agency that may either be the Borough
of Midland Park Municipal Housing Liaison, or some other entity approved
by COAH and the Borough, to ensure full compliance with these rules
and such certifications, reports and/or monitoring forms as may be
required to verify compliance of each affordable unit.
[6-10-2021 by Ord. No. 08-21]
a.
The amount of payments in lieu of constructing affordable units on
site shall be based on the cost of constructing each new residential
unit, less proceeds anticipated from the sale of the unit or the capitalization
of rental income from the unit. The cost of constructing new residential
units includes the sum of development hard costs, related soft costs
and developer's fees pursuant to the cost containment provisions of
N.J.A.C. 5:43-2.4(a)1 through 6, and land costs equal to 25% of the
first quartile of new construction costs as reported to the Homeowner
Warranty Program.
b.
Example:
|
1st Quartile
|
Land Costs
|
Construction Costs
|
Total Cost
|
Affordable Price
|
Required Payment in Lieu Amount
|
|---|---|---|---|---|---|
|
$330,000
|
$82,500
|
$165,798
|
$267,332
|
$87,065
|
$180,267
|
[6-10-2021 by Ord. No. 08-21]
The purpose of the Multifamily Residential Overlay Zones is
to create a realistic opportunity for housing in the Borough that
is affordable to low and moderate-income households. This section
establishes two Multifamily Residential Overlay Districts, Overlay
1 (MFO-1) and Overlay 2 (MFO-2), and permits the development of multifamily
housing provided that such housing complies with the required inclusionary
set-aside requirement specified herein and with the requirements of
this chapter.
[6-10-2021 by Ord. No. 08-21]
The Multifamily Residential Overlay Zones are comprised of the following blocks and lots as further described by the Zoning Map included as an attachment to this chapter[1]:
a.
MFO-1: Block 3 Lots 1.01, 1.02, 2, 3, 23.01, 24.03 and 24.04.
b.
MFO-2: Block 32 Lots 2, 3.02, 3.03, 3.04, 5.01; Block 33 Lots 1 through
6,7.01; Block 36 Lots 1.01, 1.02, 2; Block 52 Lot 1; Block 53, Lot
1, 2.01, 2.02, 2.03, 3, 3.03 and 4.
[1]
Editor's Note: The current Zoning Map can be found on the
Borough website.
[6-10-2021 by Ord. No. 08-21]
The following uses shall be permitted within the Multifamily
Residential Overlay Zones subject to compliance with this chapter:
a.
Multifamily development.
b.
Townhouse development.
c.
Accessory buildings, structures and uses shall be permitted when used in conjunction with a principal permitted use, and in compliance with § 34-13.1, Accessory Buildings and Structures.
d.
Private residential garage and off-street parking.
e.
Decks, balconies and porches.
f.
Outdoor recreational uses for residents and their guests.
g.
Fences and hedges subject to the requirements of § 34.13.2,
Fences, except where superseded by this chapter.
i.
Satellite antenna less than one meter in diameter.
j.
Other customary accessory uses and structures which are clearly incidental
to the principal structures and uses.
[6-10-2021 by Ord. No. 08-21]
b.
Maximum Building Coverage: 40%
c.
Maximum Improved Coverage: 60%
d.
Maximum Front Yard Setback: 25 feet
f.
Maximum Height and Stories: 36 feet/three stories.
g.
Minimum Side Yard: 25 feet.
h.
Minimum Rear Yard: 25 feet.
i.
Buffers: There shall be a planted buffer of at least 25 feet between
any principal building and the boundary of a contiguous residential
zone or residential property.
[6-10-2021 by Ord. No. 08-21]
Multifamily/townhouse development is permitted in each MFO Multifamily
Residential Overlay Zone, conditioned on compliance with this chapter
and the following limitations:
a.
All multifamily/townhouse development constructed within the Multifamily
Residential Overlay Zones shall be required to set aside a minimum
percentage of units for affordable housing. Where units will be for
purchase, 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.
b.
All affordable units produced in the Multifamily Residential Overlay Zones shall comply with the Chapter 22, Affordable Housing, of the Borough Code and the applicable COAH regulations, as may be amended from time to time.
c.
The affordable units to be produced shall either be purchase or rental
units, which shall be at the discretion of the developer.
d.
The requirements of this chapter shall supersede the requirements of the Borough-wide mandatory set-aside at § 34-13A.
e.
The current provisions of the underlying zone continue to remain in full force and effect, except that any development that occurs as a result of the underlying zoning, that is not multifamily residential as permitted herein, shall be subject to the payment of affordable housing fees in accordance with § 22-3.
[6-10-2021 by Ord. No. 08-21]
a.
The minimum amount of parking required for a site shall be based
on the New Jersey Residential Site Improvement Standards (RSIS) but
may be reduced consistent with N.J.A.C. 5:21-4.14(f) but shall not
be less than 1.5 parking spaces per unit.
b.
Off-street parking shall be restricted to the rear yard or the side
yard except for townhouse units, parking shall be permitted within
the front yard within paved driveways leading to a garage space as
permitted by RSIS.
c.
All parking areas shall be at least 15 feet from a principal building
and at least 10 feet from a property line.
d.
Parking areas shall provide a minimum ten-foot landscaped buffer
strip as to any building or property line, except that access drives
may be located adjacent to a building when providing access to garage
space in said building.
e.
Access drives shall not enter a street closer than 50 feet to an
intersection.
[6-10-2021 by Ord. No. 08-21]
To provide designs that create and promote a sense of neighborhood
through appropriate massing, scale, use of building materials and
original architectural details, and fenestration.
To provide multistory buildings to be designed with horizontal
and vertical articulation to facilitate an enhanced visual interest
in the neighborhood's architecture, and discourage buildings that
are characterized by nondescript blank walls.
To provide the use of such building materials as brick, wood,
native stone and clapboard to ensure complementary visual interest
such as is found in the neighborhood, and discourage use of vinyl,
cement block and aluminum.
[6-10-2021 by Ord. No. 08-21]
a.
Facade Design.
1.
Horizontal articulation between floors. Each facade should be designed
to have a delineated floor line between street level and upper floors.
This delineation can be in the form of a masonry belt course, a concrete
lintel or a cornice line delineated by wood detailing.
2.
Vertical Articulation. Each building facade facing a public right-of-way
must have elements of vertical articulation comprised of columns,
piers, recessed windows or entry designs, overhangs, ornamental projection
of the molding, different exterior materials or wall colors, or recessed
portions of the main surface of the wall itself. The vertical articulations
shall be designed in accordance with the following:
(a)
Each vertical articulation shall be no greater than 30 feet
apart.
(b)
Each vertical articulation shall be a minimum of one foot deep.
(c)
Each vertical projection noted above may extend into the required
front yard a maximum of 18 inches in depth.
(d)
Building walls with expansive blank walls are prohibited on
any building facade regardless of its orientation.
b.
Materials. Exterior building materials shall be classified as either
primary, secondary or accent materials. The facade shall be designed
in accordance with the following:
d.
Townhouse Design.
1.
For townhouses, no more than a maximum of six dwelling units in a
single row shall be permitted and a minimum offset of two feet between
every two dwelling units shall be required.
2.
There shall be a minimum separation of 15 feet between building clusters.
3.
The rooflines of at least 30% of the number of units attached in
a structure are to be staggered in height by not less than 2.5 feet
of the height of the rooflines of the other units in such structures,
and/or by other features which will provide relief or articulation
to the roofline.
e.
Street Trees.
1.
Street trees shall be provided along all public rights-of-way located
at a minimum distance of 40 feet on center. The exact spacing and
planting location shall be evaluated on a site-specific basis and
adjusted to reflect the neighborhood and existing or proposed buildings
to minimize potential obstruction and visibility impacts on street
corners and street signage.
2.
Trees shall have a minimum caliper size of three inches measured
six inches from grade at time of planting, and evergreen trees shall
have a minimum height of seven to eight feet of planting. All plant
materials, planting practices and specifications shall in accordance
with standards established by the American Association of Nurserymen.
Trees shall be nursery-grown, free of disease, substantially uniform
in size and shape and have straight trunks. The minimum branch height
at planting shall be six feet, except where planting is on a sight
triangle, in which case no branches shall be below eight feet.
3.
Trees shall be properly planted and firmly supported with two or
three guyed wires attached to stakes. Pieces of rubber hose shall
be used under the wires where they are attached to the trees. Wires
and stakes shall be removed by the applicant after one year.
f.
Garbage and Recycling.
1.
Garbage and refuse containers shall be located in the rear yard where
that yard is accessible by collection vehicles. If the rear yard is
not accessible by collection vehicles, the containers may be located
in the side yard or inside the building provided that they are properly
screened from public view.
2.
Containers stored outdoors must be screened by a fence or other enclosure.
Landscaping is encouraged around the enclosure.
g.
Landscape Standards.
1.
A landscape plan prepared by a licensed landscape architect, licensed
by the New Jersey State Board of Architects, or other qualified individual,
shall be submitted with any plan for development.
2.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, existing vegetation, and the planting
of coniferous and/or deciduous trees native to the area in order to
maintain or reestablish the vegetation in the area and lessen the
visual impact of the structures and paved areas.
3.
Plants and other landscaping materials shall be selected in terms
of aesthetic and functional considerations. The landscape design shall
create visual diversity and contrast through variation in size, shape,
texture and color. The selection of plants in terms of susceptibility
to disease and insect damage, wind and ice damage, habitat (wet-site,
drought, sun and shade tolerance), soil conditions, growth rate, longevity,
root pattern, maintenance requirements, etc., shall be considered.
Consideration shall be given to accenting site entrances and unique
areas with special landscaping treatment. Flower bed displays are
encouraged.
4.
Landscaping shall be designed to achieve a thorough integration of
the various elements of site design, including building and parking
placement and natural features.
5.
Landscaping within sight triangles shall not exceed a mature height
of 30 inches. Shade trees shall be pruned up to an eight-foot branching
height above grade.
6.
The use of indigenous/native plant material is to be encouraged to
establish sustainable landscapes that blend with the natural environment,
reduce the use of pesticides and reduced irrigation.
7.
The use of passive systems such as rain gardens to offset off-site
stormwater discharge shall be utilized to the extent feasible.
8.
Water conservation measures such as drip irrigation and soil moisture-sensing
irrigation systems shall be used where practicable.
9.
The design standards are minimum requirements. The Board may request
additional development features exceeding these standards if conditions
warrant.
h.
Mechanical and Utility Equipment.
1.
Heating, ventilation and air conditioning located on, beside or adjacent
to the building or development shall be fully screened from the street
and adjacent property.
2.
All roof-mounted equipment, such as HVAC units, shall be screened
from public view by use of parapet walls, as regulated elsewhere in
this chapter, provided that the maximum height for screening roof-mounted
elevator equipment shall be eight feet, with such screening set back
minimally 10 feet from the edge of the roof.
i.
Lighting.
1.
On-site lighting shall protect and enhance the character and quality
of the surrounding neighborhood. Glare trespass shall be minimized
via fully shielded or full cutoff fixtures.
2.
It is important that on-site lighting achieves the following:
(a)
Transmit accurate messages to the public about the low-intensity
residential nature of the development.
(b)
Serve as an integral part of the overall design. It should support
visibility for pedestrians as well as for motorists.
(c)
Minimize glare by controlling the amount of light that tends
to create glare. It should also minimize sky glow by controlling the
amount of uplight and minimize the amount of off-site impacts or light
trespass.
(d)
Light design should establish uniformity of lighting levels
over an area, avoiding uplight, backlight and glare, thus reducing
the contrast between shadows and illuminated areas, except when highlighting
a specific area or feature.
(e)
All lighting fixtures and footcandle standards for the site
should be consistent with the standards outlined by the Illuminating
Engineering Society of North America (IESNA).
(f)
A lighting plan prepared by a qualified individual shall be
provided with site plan applications.
(g)
The intensity, shielding, direction and reflecting of lighting
shall be subject to site plan approval by the approving authority.
(h)
All parking areas, walkways, building entrances, and driveways
shall be adequately illuminated after sunset. Any adjacent residential
zone shall be shielded from the glare of illumination from site lighting
and automobile headlights.
3.
General Guidelines.
(a)
Site lighting shall be full cutoff or fully shielded.
(b)
Lights shall be aimed downward and away from the property line.
Maximum light level at the property line of an adjoining residential
property shall not greater than 0.5 footcandle. There shall be no
light trespass onto adjoining parcels.
(c)
All parking lot lighting shall have no light emitted above 90°.
(d)
Permitted illuminance, horizontal foot-candle measured at grade:
average 2.0.
[6-10-2021 by Ord. No. 08-21]
a.
Corner Lots. On corner lots, the yard depth or setback from each
street shall not be less than the required front yard on each street.
b.
Through Lots. Where a lot extends from one street to another and
is not a corner lot, no building shall be erected within 25 feet of
the rear property line.
c.
Lots in More Than One District. Where any lot is situated in more
than one zoning district, all yard and other bulk requirements shall
be measured from the true lot line and not the zoning district boundary
line. All use requirements of the zoning district in which each portion
of the lot is located shall apply to the portion of the lot located
in that zone.
d.
Flag Lots. Flag lots are prohibited.
[6-10-2021 by Ord. No. 08-21]
Any lot or plot as recorded at the time of passage of this chapter
that fails to comply with the minimum requirements of this chapter
may be used for any use not otherwise prohibited in such district
in which it lies, provided that all of the following requirements
are complied with:
a.
Said lot is in single ownership as defined in this chapter.
b.
All yard requirements are complied with, except that where the average
lot width is less than its zone district requirements the side yards
may be reduced by the percentage that the lot width bears to the zone
district requirements; provided, however, no side yard shall be less
than six feet.
6-10-2021 by Ord. No. 08-21
When a new lot or lots are formed from part of a parcel of land,
the separation must be effected in such a manner as not to impair
any of the provisions of this chapter.
[6-10-2021 by Ord. No. 08-21]
a.
No lot, yard, parking area or other space shall be so reduced in
area or dimension as to make said area or dimension less than the
minimum required under this chapter. If already less than the minimum
required under this chapter, said area or dimension shall not be further
reduced.
b.
No yard or open space required in connection with any building or
use shall be considered as providing a required open space for any
other building on the same or any other lot, except as otherwise provided
herein.
c.
No minimum off-street parking, loading or unloading areas shall be
considered as providing off-street parking, loading or unloading for
a use, building or structure on any other lot or parcel than the principal
use to which it is ancillary, except as provided herein.
[6-10-2021 by Ord. No. 08-21]
Only one principal building may be erected on a lot except as
permitted for planned developments or as otherwise specifically permitted
by this chapter.
[6-10-2021 by Ord. No. 08-21]
In addition to any other requirement governing yards, setbacks
or fences on corner lots, no fence, wall, planting, shrubbery or other
structure over 30 inches in height shall be permitted on any corner
lot within 25 feet of the intersection formed by the projections of
the edge of pavement at the corner.
[6-10-2021 by Ord. No. 08-21]
a.
Every lot must provide front, rear and side yards as required by
its zone district. All front yards must face upon a dedicated public
street or a private street approved by the Planning Board. On streets
less than 50 feet in width, the required front yard shall be increased
by 1/2 the difference between the width of the street and 50 feet;
provided, however, that any lot that abuts a street with a proposed
right-of-way greater than 50 feet as adopted on the Official Map pursuant
to the Municipal Land Use Law, the front yard setback shall be measured
from the nearest line of the building to the proposed right-of-way
line adopted on said Official Map.
b.
No area providing front, side or rear yard space for one building
shall be considered as providing the yard requirements of another
building except as provided in this chapter.
c.
Required yard areas shall be open to the sky, unobstructed except
for customary extension of parapets, window sills, doorposts, leaders
and gutters and similar structural or ornamental fixtures which may
not extend more than nine inches into any yard area.
d.
Cornices, eaves, bay windows, roofs and fire escapes may project
not more than 2.5 feet into any setback area.
e.
Chimneys or flues may be erected within any yard area provided that
they do not exceed 16 square feet in total external area and do not
project more than two feet into any setback area.
f.
Improved lot coverage shall not be within five feet of the lot lines
with the exception of driveways and walkways where permitted by code.
g.
All fences and walls may project into any required side or rear yard
area provided that any fence or wall is not higher than allowed in
this chapter, and shall not block or obstruct automobile vision.
h.
Improved lot coverage shall not occupy more than 30% of any front
yard for any residential use in any zoning district.
i.
Patios may be located in any side or rear yard, provided that they
are not closer than five feet to any property line.
j.
When a solar panel or other device to utilize solar energy for the
heating of water or a dwelling is installed, 7.5 feet shall be the
minimum side yard requirement, and the minimum rear yard setback shall
be 20 feet. In the case of the side yard, the height of the solar
panel or other device may not exceed 10 feet. All plans for solar
panels shall be submitted to the Construction Official and Plumbing
Subcode Official prior to installation. A permit is required from
the Construction Official.
[6-10-2021 by Ord. No. 08-21]
All nonresidential uses which abut a residential zone shall
be required to install, plant and maintain a buffer zone in accordance
with the provision of this section.
[6-10-2021 by Ord. No. 08-21]
a.
Buffer zones shall consist of a strip of land equal to:
|
Minimum Buffer
| ||
|---|---|---|
|
Lot Width (feet)
|
Side Yard (feet)
|
Rear Yard (feet)
|
|
<75
|
5
|
5
|
|
75 to 150
|
10
|
10
|
|
150 +
|
15
|
15
|
b.
The buffer zone shall be kept in its natural state where wooded.
Where natural vegetation is sparse, the buffer zone shall be a continuous
screen of plant material at least six feet in height and/or a solid
or tightly woven fence may be required by the Planning Board, so as
to provide a year-round visual screen. Said planting may be placed
in suitable areas in the buffer area as shall be required by the Planning
Board.
c.
Except as provided in Subsection d, no structure, activity, parking of vehicles, access driveways, loading areas, outdoor storage nor any principal or accessory structures shall be permitted within the buffer zone.
d.
Underground utility easements, access driveways from public streets,
one unlighted direction sign per each direction of traffic per access
drive and signs permitted by this chapter are permitted within the
buffer zones.
[6-10-2021 by Ord. No. 08-21
Exposed storage areas, exposed machinery installations, service
areas, truck loading areas, utility buildings and structures and similar
accessory areas and structures within 25 feet of a residential zone's
property shall be subject to screening. The screening shall consist
of a fence or shrub row along the side facing the residential zone.
[6-10-2021 by Ord. No. 08-21]
It shall be the responsibility of the owner to assure the continued
viability of plant materials, to maintain the buffer zone, including
fences and to keep the buffer zone clean of all debris and rubbish.
Any screen planting which does not live shall be replaced within 30
days after the season permits.
[6-10-2021 by Ord. No. 08-21]
Lighting of parking areas or other areas serving multifamily
or nonresidential uses shall be screened from adjoining residential
properties. There shall be no glare or spillage of lighting in excess
of 5/10 footcandle onto adjoining residential property.
[6-10-2021 by Ord. No. 08-21]
(Reserved)
[6-10-2021 by Ord. No. 08-21]
It is the intent of this section to provide compliance with
N.J.A.C. 7:15-4.25(g)3 which requires municipalities to adopt an ordinance
that prevents new disturbance for projects or activities in riparian
zones. Authority is provided or limited as follows:
a.
Compliance with the riparian zone requirements of this section does
not constitute compliance with the riparian zone or buffer requirements
imposed under any other federal, state or local statute, regulation
or ordinance.
b.
Use powers given to Midland Park under the provisions of the New
Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes
each municipality to plan and regulate land use in order to protect
public health, safety, and welfare through the protection and maintenance
of native vegetation in riparian areas. Midland Park is also empowered
to adopt and implement this section under provisions provided by the
following legislative authorities of the State of New Jersey:
1.
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
2.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
3.
Spill Compensation Control Act, N.J.S.A. 58:10-23 et seq.
4.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
5.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
[6-10-2021 by Ord. No. 08-21]
a.
Riparian zones adjacent to all surface water bodies as described
below in this subsection shall be protected from avoidable disturbance:
1.
The riparian zone shall be 300 feet wide along both sides of any
Category One water (C1 water), and all upstream tributaries situated
within the same HUC 14 watershed.
2.
The riparian zone shall be 150 feet wide along both sides of the following waters not identified in Subsection a above:
(a)
Any trout production water and all upstream waters (including
tributaries);
(b)
Any trout maintenance water and all upstream waters (including
tributaries) within one linear mile as measured along the length of
the regulated water;
(c)
Any segment of a water flowing through an area that contains
documented habitat for a threatened or endangered species of plant
or animal, which is critically dependent on the regulated water for
survival, and all upstream waters (including tributaries) within one
linear mile as measured along the length of the regulated water; and
(d)
Any segment of a water flowing through an area that contains
acid-producing soils.
3.
For all other surface water bodies, a riparian zone of 50 feet wide
shall be maintained along both sides of the water.
b.
The portion of the riparian zone that lies outside of a surface water
body is measured landward from the top of bank. If a discernible bank
is not present along a surface water body, the portion of the riparian
zone outside the surface water body is measured landward as follows:
1.
Along a linear fluvial or tidal water, such as a stream or swale,
the riparian zone is measured landward of the feature's center line;
2.
Along a nonlinear fluvial water, such as a lake or pond, the riparian
zone is measured landward of the normal water surface water limit;
and
3.
Along an amorphously shaped feature such as a wetland complex, through
water flows but which lacks a discernible channel, the riparian zone
is measured landward of the feature's center line.
c.
The applicant or designated representative shall be responsible for
the initial determination of the presence of a riparian zone on a
site, and for identifying the area on any plan submitted to Midland
Park in conjunction with an application for a construction permit,
subdivision, land development, or other improvement that requires
plan submissions or permits. This initial determination shall be subject
to review and approval by the Municipal Engineer, governing body,
or its appointed representative, and, where required, by the New Jersey
Department of Environmental Protection.
[6-10-2021 by Ord. No. 08-21 ]
a.
The following disturbances are excepted:
1.
Redevelopment within the limits of existing impervious surfaces;
and
2.
New disturbance in the riparian zone necessary to protect public
health, safety or welfare; to provide an environmental benefit; to
prevent extraordinary hardship on the property owner peculiar to the
property; or to prevent extraordinary hardship, provided the hardship
was not created by the property owner, that would not permit a minimum
economically viable use of the property based upon reasonable investment.
b.
An exception to any of the disturbances listed in Subsection a1 above shall be granted by the Municipal Engineer upon proof by virtue of submission of appropriate maps and drawings, that the proposed redevelopment is within the limits of impervious surfaces that existed at the time of passage of this section and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
c.
For all riparian zones an exception to any of the disturbances listed in Subsection a2 above shall be granted by the Zoning Board of Adjustment upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance protects public health, safety or welfare; provides an environmental benefit; prevents extraordinary hardship on the property owner peculiar to the property; or prevents extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment.
[6-10-2021 by Ord. No. 08-21]
Adjustments to the riparian zones established by this section
are allowed to the extent they comply with the Stormwater Management
Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C.
7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38), and shall be subject to review and approval by the New Jersey
Department of Environmental Protection, unless exempt.
[6-10-2021 by Ord. No. 08-21]
The Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), subchapter
7, Permits-By-Rule, establishes permits-by-rule for certain regulated
activities. This section hereby adopts by reference said subchapter
as it exists at the time of passage of this section and as it may
change from time to time, as a means of allowing regulated activities
in the riparian zone without any other permits or approvals. In addition,
any permit-by-rule provision that requires notification to the New
Jersey Department of Environmental Protection shall also be copied
to the Borough of Midland Park Municipal Engineer.
[6-10-2021 by Ord. No. 08-21]
a.
A prompt investigation shall be made by the appropriate personnel
of the Midland Park, of any person or entity believed to be in violation
hereof. If, upon inspection, a condition which is in violation of
this section is discovered, a civil action in the Special Part of
the Superior Court, or in the Superior Court, if the primary relief
sought is injunctive or if penalties may exceed the jurisdictional
limit of the Special Civil Part, by the filing and serving of appropriate
process. Nothing in this section shall be construed to preclude the
right of the Borough of Midland Park, pursuant to N.J.S.A. 26:3A2-25,
to initiate legal proceedings hereunder in Municipal Court. The violation
of any section or subsection of this section shall constitute a separate
and distinct offense independent of the violation of any other section
or subsection, or of any order issued pursuant to this section. Each
day a violation continues shall be considered a separate offense.
[6-10-2021 by Ord. No. 08-21]
There shall be at least two off-street parking spaces located
together and a required one-car garage minimum, total of three spaces,
for each dwelling unit hereafter erected. No off-street parking areas
shall be located closer than two feet to a side property line and
five feet to a rear property line. Said parking space and any additional
area used for off-street parking shall be paved with asphalt or other
dust-free material. Paved driveways may be considered part of the
required parking area. Unless garaged, no inoperable or unregistered
vehicles shall be parked on these premises. Nonresidential uses permitted
in residential districts shall provide the number of parking spaces
required by the specific use prescribed in this chapter. These requirements
shall apply to all surface and above-grade parking areas and facilities.
All parking facilities shall be complete prior to issuance of the
certificate of occupancy by the Construction Official.
[6-10-2021 by Ord. No. 08-21]
Off-street parking shall not be located in a required front
yard. No off-street parking area shall be located closer than six
feet to a side or rear lot line. The number of off-street parking
spaces required shall be as set forth in Schedule II, Off-Street Parking
Requirements which accompanies this chapter.[1] If the determination of the number of required parking
spaces results in a fractional space, the fraction shall require one
additional space. These requirements shall apply to all surface and
above-grade parking areas and facilities. All parking facilities shall
be complete prior to issuance of the certificate of occupancy by the
Construction Official.
[1]
Editor's Note: Schedule II, Off-Street Parking Requirements referred to herein is included as an attachment to this chapter.
[6-10-2021 by Ord. No. 08-21]
In all districts, for every building or use requiring the receipt
or distribution in vehicles of materials or merchandise, and for large
scale public and quasi-public uses, there shall be maintained on the
same lot with such building or use off-street loading spaces in accordance
with Schedule III, Off-Street Loading Space Requirements which accompanies
this chapter.[1] No off-street loading spaces shall be located in the front
yard.
[1]
Editor's Note: Said schedule is included as an attachment
to his chapter.
[6-10-2021 by Ord. No. 08-21]
Off-street parking and loading facilities for separate uses
on the same site may be provided jointly if the total number of spaces
so provided is not less than the sum of the separate requirements
for each use and provided that all regulations governing the location
of accessory spaces in relation to the use served are adhered to.
No accessory space or portion thereof shall serve as a required space
for more than one use unless otherwise approved by the Planning Board.
[6-10-2021 by Ord. No. 08-21]
Every public or private off-street parking or loading area shall
be maintained in good condition, free of hazards and deterioration.
All improved and paved areas, sidewalks, curbs, lighting area bumpers,
guard rails, signs and landscaping and other improvements shall be
maintained in a safe and good condition. Parking spaces shall be clearly
delineated and the striping thereof shall be clearly visible.
[6-10-2021 by Ord. No. 08-21]
a.
Required parking and loading areas and spaces shall be provided upon
the same lot as the use to which they are accessory, or, for nonresidential
buildings only, within 300 feet of such lot, measured by straight
line from the nearest of such spaces to the property line of the lot
containing the use served. All parking and loading areas and spaces
located on a different lot from the use to which they are accessory
shall be permanently established for such accessory use as follows:
deed restrictions approved by the Borough Attorney shall be placed
upon such areas and filed with the County Clerk, binding an owner
and his heirs and assigns to maintain the required number of spaces
available, either for the entire life of the use to which they are
accessory or until such spaces are provided elsewhere and approved
by the Planning Board.
b.
When a use is located on a lot which is partly in one zoning district
and partly in another zoning district, parking spaces for such lot
may be located without regard to district lines provided that no parking
or loading areas or spaces shall be located in any residential zoning
district, unless the use to which they are accessory is permitted
in such district.
[6-10-2021 by Ord. No. 08-21]
In all zoning districts, noncommercial trailers, mobile homes, boats, campers and similar portable or wheel-based objects shall comply with requirements of Subsection 34-13.5.
[Added 11-10-2022 by Ord. No. 17-2022]
a.
Purpose. The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act, and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial
grade electrical outlets that allow for faster recharging of electric
vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. Make-ready includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a plug-and-play basis. "Make-ready" is synonymous with the term "charger
ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
c.
Approvals and Permits.
1.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
3.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Zoning Officer shall enforce all signage and installation requirements
described in this subsection. Failure to meet the requirements in
this subsection shall be subject to the same enforcement and penalty
provisions as other violations of the Borough of Midland Park's land
use regulations.
5.
An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the Zoning Officer, provided the application meets the following
requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to Subsection c5 above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, which includes a residential component,
the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces.
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces.
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection d1 above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
e.
Minimum Parking Requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Section 34-16.
2.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
f.
Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.
1.
Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or Section 7-14. Signage indicating the penalties for violations shall comply with Subsection f5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection f5 below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Borough of Midland Park's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection f4(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Midland Park shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
5.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs, including parking restrictions, shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection f5(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
(e)
Signage shall be restricted to the required regulatory signs
and static signs pertaining solely to the premises where the ESVE
is installed.
6.
Usage Fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be specified in Chapter 90, Fees and Charges, for each hour that the electric vehicle is connected to the EVSE.
(b)
Private EVSE and nonmunicipal publicly accessible EVSE: Nothing
in this subsection shall be deemed to preclude a private owner/designee
of an EVSE from collecting a fee for the use of the EVSE, in accordance
with applicable state and federal regulations. Fees shall be available
on the EVSE or posted at or adjacent to the EVSE parking space.
[6-10-2021 by Ord. No. 08-21]
This section shall be known as the "Midland Park Sign Regulations."
[6-10-2021 by Ord. No. 08-21]
The area of a sign is the area within a line drawn around the
surface of a sign, including all decorations, but excluding any supports
whether decorative or not. In computing sign area, the area of all
surfaces used or employed or designed for use as a sign or for sign
purposes shall be included and totaled, except that a sign may have
a second opposing face which shall not be counted toward the total
sign area.
[6-10-2021 by Ord. No. 08-21]
a.
It shall be unlawful for any person to erect or relocate any sign within the Borough of Midland Park, as defined by this chapter, without first obtaining a permit from the Construction Official pursuant to Subsection 34-17.12 of this chapter.
b.
The Construction Official shall issue permits only for such signs as are specifically allowed for the particular premises and district by the provisions of this chapter which govern, unless otherwise ordered pursuant to a sign exception granted under Subsection 34-17.10 of this chapter.
c.
Job site signs are permitted during construction of the project and
must be removed when job is completed.
d.
Garage sale are signs only permitted on private property during the
sale and must be removed immediately after the sale has concluded.
[6-10-2021 by Ord. No. 08-21]
Within the one-family zones only the following signs shall be
permitted:
a.
On-premises used for residential purposes, a sign or signs identifying
the resident or the street address, or both, and no such sign shall
have an area of more than two square feet, nor shall the aggregate
square footage of such signs, if there be more than one, exceed three
square feet in area.
c.
On-premises used for church, hospital, library, museum, or other charitable purposes allowed by the Zoning Ordinance of Midland Park, New Jersey, a sign referring to the premises upon which it is located or displayed or to the activities carried on therein, not to exceed 16 square feet in area, whether affixed to the structure or freestanding, said sign to be permitted in addition to any sign allowed under Subsection a above.
[6-10-2021 by Ord. No. 08-21]
There shall be permitted within the R-2 Residential and R-3 Residential/Industrial Zones such signs that are permitted in the R-1 Zone, as well as signage identifying the name of the building or complex, subject to the size limitations set forth in Subsection 34-17.6.
[6-10-2021 by Ord. No. 08-21]
Within the retail business and industrial zones only the following
signs shall be permitted:
b.
Regulations.
1.
In addition to the foregoing, a sign or signs referring to or advertising
the premises upon which it is located or displayed, or to the identity
of the occupant thereof, or to a service rendered thereon or therein,
or to a product or item available therein, or to a trade, business
or profession carried thereon or therein; one such sign may be erected
on any entrance wall and one on any wall facing on a street, and one
on any wall facing a municipal or public parking area, and shall be
erected parallel to the face of such wall, not extending more than
12 inches from the face of said wall shall have the bottom of said
sign structure not less than eight feet above the ground level.
2.
The maximum aggregate total sign area of all signs shall not exceed
1 1/2 square feet for each linear foot of that portion of the
building front occupied by the applicant. The maximum height of such
sign shall not exceed two feet if the building front is 40 feet or
less in width, 2 1/2 feet high if building front is more than
40 feet but less than 80 feet in width, and three feet high if the
building front is 80 feet or more in width.
3.
The maximum width of such sign shall not exceed 90% of the width
of the storefront or wall of that portion of the premises occupied
by the occupant erecting the sign and upon which it is attached. In
determining maximum width of the store front or main entrance wall
of the premises or the width of the wall upon which any such sign
shall be erected, whichever is less, shall govern.
4.
Awnings are permitted provided they comply with the IBC Code and
the requirements of this section. Signage is permitted on any vertical
edge only and the lettering shall not be more than eight inches in
height.
5.
Signs are to be removed within 30 days after a vacancy of premises.
6.
Signs painted or placed or hung within 48 inches from the inside
window glass of any building shall be limited to 20% of the area of
said glass, but in no event shall they exceed a total area of 36 square
feet; the more restrictive limitation shall apply.
c.
In the case of premises other than motor vehicle service stations, in which the structure is set back at least 30 feet from the curbline, a freestanding sign of an area not in excess of 12 square feet may be erected for the purposes set forth in Subsection b, provided that the top of such sign shall not be more than 15 feet above the level of the ground and shall not extend over the property line.
1.
For properties with a street frontage of 200 feet or greater the
freestanding sign are is not in excess of 24 square feet, with a maximum
width of six feet and maximum height of 18 feet above the level of
the ground and shall not extend over the property line.
2.
For properties with a street frontage of 300 feet or greater the
freestanding sign are is not in excess of 36 square feet, with a maximum
width of six feet and maximum height of 18 feet above the level of
the ground and shall not extend over the property line.
d.
In addition to any sign or signs permitted under Subsections a, b, and c, a sign or signs limited to those purposes set forth in Subsection b and to show or evidence membership in a retail or professional organization or credit card or credit association or plan, to show manufacturers' or legally required licenses, attached to or painted on a store window or windows on the exterior or interior of any structure, the total area of such sign or signs not to exceed 30% of the window space.
e.
Motor Vehicle Service Station. In addition to any sign or signs permitted
in other sections of this chapter, one sign bearing the brand or trade
name of the gasoline sold on the premises of a design specified by
the manufacturer, permanently affixed to the building or its own metal
substructure, said sign not to exceed 30 square feet in area which
shall be rigidly and securely attached to the ground surface so as
to create no danger to life or limb and shall not exceed 18 feet in
height overall. The area of a two-sided sign shall be determined by
dimensions of one side.
[6-10-2021 by Ord. No. 08-21]
Without limiting the generality of the preceding provisions
of this section:
a.
No billboard or billboard signs shall be permitted. No sign otherwise
lawful under this chapter shall be prohibited because of this section.
b.
No sign shall be placed or located or displayed upon any sidewalk
or area between sidewalk and curb.
c.
No roof sign often known also as "sky sign" shall be permitted. No
sign otherwise lawful under this section shall be prohibited because
of this subsection.
d.
No sign projecting on or over a sidewalk shall be permitted.
e.
Except as otherwise specifically provided in this section, no freestanding
signs shall be permitted.
f.
No signs shall be erected or painted or composed of fluorescent,
phosphorescent or similar material.
g.
No sign shall be, in whole or in part, moving, mobile or revolving,
flashing or changing colors.
h.
No strings or streamers of flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether or not as a part of any sign, shall be allowed within any zone, except those which shall be specifically exempted under Subsection 34-17.10 of this section.
i.
No neon signs may be installed or placed in or upon any property
in any zone.
j.
The portion of a sign identifying a business use shall be removed
within 30 days after the business ceases operation on the premises.
k.
Lighting used to primarily illuminate a sign, whether internal or
external, shall be extinguished by 11:00 p.m.
[6-10-2021 by Ord. No. 08-21]
The provisions and regulations of this section shall not apply to the following signs; provided, however, that said signs remain subject to the provisions of size, number and location and the provisions of Subsection 34-17.13 of this section.
a.
A professional nameplate affixed to the door or adjacent wall of
premises so used, not to exceed eight inches by 20 inches per professional
occupant.
b.
A bulletin board not exceeding five square feet in area for public charitable or religious institutions when located upon the premises of said institutions, said bulletin board to be in addition to any sign or signs permitted under Subsection 34-17.6c of this section.
c.
A memorial sign or tablet, or a sign indicating the name of a building
or the date of its erection, when cut into any masonry surface or
when constructed of bronze or other noncombustible material.
d.
The following signs, customary and necessary to the operation of
filling and motor vehicle service stations:
1.
Lettering on buildings displayed over individual entrance doors consisting
of the words "washing," "lubrication," "repairing" or words of similar
import, provided that there shall be not more than one such sign over
each entrance and that the letters shall not exceed 10 inches in height.
2.
Lettering or other insignia which are a structural part of a gasoline
pump consisting only of a brand name, lead-warning sign and other
signs as required by law.
3.
A credit card sign not exceeding two square feet in area affixed
to the building.
4.
A sign attached to each gas pump with the price of the product, as
required by law.
e.
Signs of every kind and nature erected by or on behalf of the United
States of America, the State of New Jersey, the County of Bergen and
the Borough of Midland Park, traffic controls in private ways and
parking lots, legal notices, railroad crossing signs, or other signs
required by law, and such temporary signs for public and charitable
purposes as may be approved by the Zoning Official for a period of
time not to exceed 30 days.
f.
A sign customary and necessary in the offering of real estate for
sale or to let by the owner thereof and his agent or broker in R-1,
Residence Zone, not to exceed three square feet in area.
g.
Signs customary and necessary in the offering of real estate for
sale or to let by the owner thereof and his real estate agent or broker
in retail business and industrial zones not to exceed 16 square feet
in area.
h.
Signs customarily used to indicate that real estate offered for sale
or to let has been sold or leased by the real estate agent or broker
concerned in R-1, R-2 and R-3 Residence Zones, not to exceed six square
feet in area and not to be maintained more than two weeks after closing.
i.
Signs customary and necessary in the offering of a newly constructed
building for sale or to let by the owner thereof and his real estate
agent or broker in the R-1, R-2 and R-3 Residence Zones, not to exceed
three square feet in area, and in the retail business and industrial
zones, not to exceed 16 square feet in area.
j.
Temporary signs customary and necessary in connection with the erection
of buildings or other construction work shall be limited to one sign
for each construction project, to include only the identification
of the project, the architect, the builder and the subcontractors.
Such sign may be freestanding or attached to the premises, but shall
not exceed 20 square feet in area, and shall be removed at the completion
of construction, rental or sale.
k.
The interior contents of lawfully permitted signs specifically designed
to be changed from time to time, such as church announcement boards,
theater marquees, restaurant menus and the like.
l.
Temporary signs for governmental, political, religious and charitable
purposes, provided that the same are not in excess of 50 square feet
in area and do not violate the placement or construction provisions
of this chapter, including exterior decorating for holiday or patriotic
purposes for a period not to exceed 30 days.
m.
Flags and banners customarily used in connection with the opening of a new business or enterprise shall be permitted to be displayed on the face of the building within which the enterprise or business is opening, on the day of opening thereof and for 10 consecutive business days thereafter, provided only that the person or entity desiring to so display flags and banners on the opening of the business shall obtain a permit in accordance with Subsection 34-17.12 of this section and be charged a minimum permit fee.
n.
Temporary A-frame, sandwich board or sidewalk signs shall be permitted
during business hours only and the frame shall not be greater than
two feet wide and four feet high. If placed near/on sidewalk a minimum
of three feet of clearance on the sidewalk shall be maintained for
pedestrians.
[6-10-2021 by Ord. No. 08-21]
Any sign permitted by the provisions of this section or allowed pursuant to a sign exception granted under Subsection 34-17.14 of this section may be nonilluminated or non-flashing-illuminated. Illuminated signs shall have sources of illumination shielded in such a manner that such sources are not visible from the street or adjoining property.
[6-10-2021 by Ord. No. 08-21]
Any person desiring and intending to construct, place or relocate
any sign within the Borough of Midland Park shall first apply for
and obtain a sign permit from the Building Department.
[6-10-2021 by Ord. No. 08-21]
If the Construction Official shall find that any sign is unsafe
or insecure, or is a menace to the public, he shall give written notice
to the owner, agent or person having the beneficial use of the premises
upon which such sign may be erected. If such owner, agent or person
fails to remove or alter the sign so as to comply with the standards
herein set forth within 10 days after such notice, such sign or other
advertising structure may be removed, or altered to comply, by the
Construction Official at the expense of the owner, agent, or person
having the beneficial use of the premises upon which such sign may
be erected. The Construction Official may cause any sign or other
advertising structure which is an immediate peril to persons or property
to be removed summarily and without notice.
[6-10-2021 by Ord. No. 08-21]
Any person who has been denied a sign permit by the Construction
Official for any reason may apply for a sign variance to the Board
of Adjustment of the Borough of Midland Park in the manner following:
[6-10-2021 by Ord. No. 08-21]
a.
Notwithstanding anything herein before set forth, special exception
may be made for signs advertising public events of a civic, benevolent
or charitable nature to be temporarily erected or suspended over or
across any street, sidewalk, roadway or other public right-of-way
by a civic, charitable or other nonprofit organization of the Borough
in accordance with the following provisions:
1.
The applicant shall submit the application for a sign erection permit
to the Borough Council for their approval prior to the submission
of the application to the Construction Official.
2.
The applicant shall obtain the approval of the owner of any utility
poles or other structures upon which the sign shall be affixed, attached
or otherwise supported.
3.
The applicant shall obtain the approval of the County of Bergen if
the sign is suspended over or across any county street or roadway.
4.
The applicant shall submit proof of insurance coverage in accordance
with the amount specified by the Borough Council.
b.
No sign under this section shall be displayed for a period in excess
of 10 days.
c.
No sign under this section shall be erected or suspended less than
15 feet above the surface of the street, sidewalk, roadway or other
public right-of-way.
d.
All signs under this section extending over any public sidewalk,
street, alley or other public place must be securely fastened and
constructed so that there will be no danger of the same being dislodged
by ordinary winds or falling from other cause. No sign shall be erected
or maintained extending over any public sidewalk, street, alley or
other public place in such a location as to obstruct the view of any
traffic light or other traffic sign or sign.
e.
Application fees set forth in Subsection 17.12b may be waived by
the Borough Council.
f.
All signs permitted under this section shall be removed within 36
hours after completion of the public event or occurrence for which
the special exception was made.
[6-10-2021 by Ord. No. 08-21]
A zoning variance granted pursuant to N.J.S.A. 40:55D-70d, which
varies a use allowed in a particular district for particular premises,
shall be deemed to vary the provisions of this section in the same
respect for the same premises.
[6-10-2021 by Ord. No. 08-21]
Any sign existing at the time of the passage of this chapter
and which violates any provision thereof shall be deemed a nonconforming
use and may be continued, maintained and repaired upon the present
premises or location; provided, however, such sign was lawful under
any prior ordinance. Any sign unlawful under any prior ordinance shall
remain unlawful unless it complies with the provisions of this section
and there is issued by the Construction Official a sign erection permit
therefor.
[6-10-2021 by Ord. No. 08-21]
For each and every violation of the provisions of this section, the owner, lessor, lessee, occupant, sign erector, contractor or other person interested in the premises upon which the violation has been committed and who refuses to abate said violation within 10 days after written notice has been served upon him by regular mail or personally shall, upon conviction, be subject to a fine or imprisonment or both in accordance with § 1-5, General Penalty, of the Borough Code.
[6-10-2021 by Ord. No. 08-21]
This section shall be administered and enforced by both the
Construction Official and Zoning Officer.
a.
If any person shall have been convicted of a violation of this chapter under Subsection 34-17.18 hereof, and the sign or signs shall continue as violations despite said conviction, then, upon the expiration of the time for appeal as provided by law, if no appeal has been taken, or upon affirmation of the conviction by the Superior Court, if an appeal has been taken, the Construction Official and the Zoning Officer may serve an additional ten-day notice upon the person so convicted to require him to remove the sign or signs in violation, and if said sign or signs shall not have been so removed upon the expiration of the said ten-day period, the Construction Official and the Zoning Officer shall have the power to remove the sign or signs or cause the same to be removed without further notice, but at the sole expense of the owner of the premises.
b.
False Advertising.
1.
It shall be unlawful for any person to intentionally erect, locate, relocate or maintain any sign which falsely identifies the premises or occupant of any premises or building, or which falsely advertises for sale on any premises or in any building any product no longer available therein and an intentional violation of this section shall subject the violator to the penalty provisions of Subsection 34-17.18 of this chapter after due notice as required therein.
2.
In addition, if any person shall have been convicted of a violation of this chapter under Subsection 34-17.18 hereof because of a violation of Subsection 34-17.19b and the sign or signs shall continue as violations despite said convictions, then upon the expiration of the time for appeal as provided by law, if no appeal has been taken, or upon affirmation of the conviction by the Superior Court, if an appeal has been taken, such sign no longer advertising a bona fide business conducted or a product sold on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the premises upon which such sign may be erected within 10 days after further written notifications from the Construction Official, and, upon failure to comply with such notice within the time specified in such order, the Construction Official shall have the power to remove the sign or cause the same to be removed without further notice, but at the expense of the owner of the premises. Any expense incurred in connection with such removal shall become a lien on the premises in the manner prescribed by law.
[6-10-2021 by Ord. No. 08-21]
Any lawful nonconforming use which existed at the time of the
passage of this chapter may be continued and no existing use, building
or structure designed, arranged, intended or devoted to a nonconforming
use may be reconstructed or structurally altered, except when changed
to a conforming use and in accordance with the following regulations:
a.
The structural alterations made in such buildings shall in no case
exceed 50% of the true value of the buildings, nor shall the building
be enlarged, unless the use therein is changed to a conforming use;
provided, however, that where a building meets the use requirements
of this chapter and is nonconforming because of height and area regulations,
structural alterations made in such buildings may exceed 50% of the
true value, provided the height and area requirements are not further
violated.
b.
A nonconforming use changed to a conforming use may not hereafter
be changed back to a nonconforming use.
c.
A structure or use of land which is nonconforming in use shall not
be enlarged or extended except as provided under this chapter. A building
or use of land which is nonconforming in a manner other than use may
be extended or enlarged provided that the nonconformance is not further
increased.
d.
Nothing in this chapter shall require any change in plans, construction
or designated use of a structure for which a building permit has been
heretofore issued when construction has been diligently prosecuted
and completed within one year of the effective date of this chapter.
e.
Nothing in this chapter shall be interpreted as authorization for
or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect the time of the effective
date of this chapter.
f.
Normal maintenance and repair of a structure containing a nonconforming
use is permitted, provided that it does not extend the area or volume
of space occupied by the nonconforming use and does not increase the
number of dwelling units.
g.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe or lawful condition any part of any building or structure
declared unsafe or unlawful by the Construction Official and/or other
authorized state or Borough official.
h.
Any existing single-family residential dwelling with a permitted
use located on a conforming lot which violates any yard requirements
may have additions to the principal building and/or construct an accessory
building without an appeal for a variance, provided the total permitted
building coverage is not exceeded and the accessory building and/or
addition does not violate any requirements of this chapter or exacerbate
any existing or nonconforming yard requirement.
i.
Any preexisting nonconforming two-family residential dwelling located
on a conforming lot may construct one deck with a deck floor elevation
not higher than the floor elevation of the first floor dwelling without
an appeal for a variance; provided that (1) the permitted building
coverage is not exceeded; (2) all yard and setback requirements are
complied with; (3) the deck shall be constructed of a material and
in such a manner that shall allow water to pass through the floor
of said deck; (4) that said deck shall be open to the elements beneath
the floor; and (5) that there shall be no roof over the deck.
j.
A nonconforming use shall be considered abandoned if it is terminated
by the owner, if a nonconforming use involving a structure is discontinued
for 12 consecutive months, or if a nonconforming use of land without
structure(s) ceases for a period of six months. The subsequent use
of the abandoned structure and/or land shall be in conformity with
this chapter.
[6-10-2021 by Ord. No. 08-21]
a.
Nothing in this chapter shall prevent the restoration of a nonconforming
building or use where less than 75% of the existing area of such building
or structure destroyed by fire, explosion, act of God or act of public
enemy or prevent the continuance of the use of such building or part
thereof as such as existed at the time of such destruction of such
building or part thereof or prevent a change of such existing use
under the limitations provided in this chapter; but any building totally
destroyed in the manner aforesaid may be reconstructed and thereafter
used only in such a manner as to conform to all the provisions of
this chapter. When 75% or more of the existing area of a nonconforming
building or structure is destroyed by fire or other casualty or an
act of God, the use of such nonconforming building or structure shall
thereafter be terminated.
b.
The owner of any nonconforming use that is partially destroyed as
above mentioned must apply for a construction permit to rebuilding
the nonconforming use within 12 months from the time of destruction.
If the application to rebuilding the nonconforming use is filed after
the above-mentioned twelve-month period, a construction permit shall
only be issued for a conforming use.
[6-10-2021 by Ord. No. 08-21]
a.
All industrial, commercial, office, business, planned, residential development and multifamily residential uses are subject to the following performance standards and regulations, and to the applicable sections of Chapter 32, Site Plan Review. Other uses, existing or proposed, which the Construction Official has reasonable grounds to believe violate these performance standards shall be subject to the provisions of this section.
b.
Any application for a building permit for a use which shall be subject
to performance standards shall be accompanied by a statement by the
owner of the subject property that the use will be operated in accordance
with the performance standards set forth herein.
c.
Continued compliance with performance standards is required and enforcement
of continued compliance with these performance standards shall be
enforced by the Construction Official.
d.
Performance Standards.
1.
Air, Water and Environmental Pollution. No use shall emit heat, odor,
dust, gases, vibrations, noise or any other pollutant into the ground,
water or air that exceeds the most stringent, applicable State of
New Jersey Department of Environmental Protection and Federal Environmental
Protection Administration regulations and criteria. No permit shall
be issued for any use where a state and/or federal permit is required
until the state and/or federal agencies have ascertained and approved
the level and quality of emission control, and level of monitoring
to be conducted.
2.
Storage and Waste Disposal. No materials shall be deposited so they
can be transferred off the lot, directly or indirectly, by natural
forces such as precipitation, surface water, evaporation or wind.
All materials which may create a pollutant or be a safety and health
hazard shall be stored indoors and be enclosed in appropriate containers
to eliminate such pollutant or hazard.
3.
There shall be no discharge at any point of treated or untreated
sewage or industrial waste into any stream, lake, reservoir or into
the ground of any material which may contaminate the water supply
or endanger human health and welfare. No industrial waste shall be
discharged into any system, nor shall any wastes be discharged in
the public sewer system which are dangerous to the public health and
safety.
4.
Effluent shall at all times comply with the following standards:
(a)
Maximum five-day biochemical oxygen demand: five parts per million.
(b)
Maximum quantity of effluent: 10% of minimum daily steam flow.
(c)
Maximum five-day biochemical oxygen demand after dilution (BOD
of effluent multiplied by quantity of effluent divided by quantity
of stream flow): 0.25 part per million.
(d)
Maximum total solids: 500 parts per million.
(e)
Maximum phenol: 0.01 part per million.
(f)
No effluent shall contain any other acids, oils, dust, toxic
metals, corrosive or other toxic substances in solution or suspension
which would create odors, discolor, poison or otherwise pollute in
any way.
5.
No flammable or explosive substance shall be stored on a property
except under conditions approved by the Midland Park Fire Official
pursuant to the Fire Safety Act.
6.
All activities shall be carried on only in structures which conform
to the standards of the National Board of Fire Underwriters or the
Borough Building Code or Fire Prevention Code, whichever is the more
restrictive. All operations shall be carried on and explosive raw
materials, fuels, liquids and finished products shall be stored in
accordance with the standards of said Board of Fire Underwriters.
7.
There shall be no noise emanating from the operating or use measured
from any point on the property line of the lot on which an industrial
operation is located which shall exceed the values given in the following
table in any octave band of frequency. The sound pressure shall be
measured with sound level meters and/or analyzers conforming to the
United States of America Standard Specification for Octave, Half-Octave
and Third-October Band Filter Sets, S1.11-1966, or latest revision,
published by the United State of America Standards Institute, New
York, New York.
|
Octave Band Center Frequency (cycles per second)
|
Sound Pressure Level Decibels (re 0.0002 dyne/cm)
|
|---|---|
|
31.5
|
59
|
|
63
|
58
|
|
125
|
57
|
|
250
|
50
|
|
500
|
45
|
|
1,000
|
40
|
|
2,000
|
37
|
|
4,000
|
33
|
|
8,000
|
29
|
8.
For objectionable noises due to intermittence, beat frequency or
hammering, or if the noise is not smooth and continuous, or for any
noise that takes place between 10:00 p.m. and 8:00 a.m., corrections
shall be made to the above table by subtracting five decibels from
each of the decibel levels given.
9.
There shall be no direct or sky-reflected glare exceeding 0.5 footcandle
measurable beyond the property line of the lot occupied by such use
when adjacent to or within a residential zone. This regulation shall
not apply to lights used at the entrance or exit of service drives.
10.
Emission of odorous matter shall be below odor threshold concentrations at the lot line and at the point of maximum ground level concentration of this point is beyond the lot line. Recognized compilations of odor threshold concentrations may be used as standards of granting permits, but for an established use the actual detect ability of odor shall be the standard. Odor threshold compilations include Air Pollution Control Association Paper 68-131 (1968); Table III, Chapter 5, of Air Pollution Abatement Manual, Manufacturing Chemists Association, Washington, 1951; and U.S. Bureau of Mines Technical Paper 480.
11.
Dust, dirt, fly ash and other particulate shall be controlled so
that no such emission will cause damage to human health, animals,
vegetation or other property or cause any excessive soiling beyond
the lot line of the source use. There shall be no emission of any
solid or liquid particulate matter in excess of 0.15 grain per dry
standard cubic foot of stack gas, corrected to 12% CO2. Particulate emission determinations shall be made according to
standards of the New Jersey Department of Environmental Protection
and the United States Environmental Protection Agency, whichever standards
are greater.
12.
Fugitive dust shall be held to a minimum by use of good housekeeping
practices and other appropriate control techniques.
13.
There shall be no emission of smoke or other visible atmospheric
pollutant to give a plume equivalent opacity in excess of 15%. Opacity
readings may be made visually by a trained observer or by a stack-mounted
opacity meter. Steam plumes are exempt from this limit, but steam
may not be used to mask other emissions.
14.
Under no circumstances shall any use emit noxious, toxic or corrosive fumes or gases. Reference shall be made to Table I, Industrial Hygiene Standards, Maximum Allowable Concentrations, Chapter 5, of the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.
15.
Radioactivity shall not be emitted to exceed quantities established
as safe by the United States Bureau of Standards, as amended from
time to time, as well as standards as adopted by the New Jersey Department
of Environmental Protection, as amended from time to time, whichever
are more restrictive. No electrical disturbances, except from domestic
household appliances, shall adversely affect the operation at any
point of any equipment other than that of the creator of such disturbance.
[6-10-2021 by Ord. No. 08-21]
b.
Amateur Radio Station Operators/Receive-Only Antennas. This section
shall not govern the installation of any antennas owned and operated
by an amateur radio operator or that is used exclusively for receive-only
antenna or for private noncommercial purposes or the installation
of any antenna by a commercial entity for use in its operations where
transmission is not made or provided to third parties for payment
or on a profit basis, which shall be regulated elsewhere in the Code
of the Borough of Midland Park.
c.
Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of Subsection 34-20.3f and g, absent any enlargement or structural modification of the addition of any structures, including additional antennas.
d.
AM Array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
functions as one AM broadcasting antennas, shall be considered one
tower. Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included in the AM
array. Additional tower units may be added within the perimeter of
the AM array by right.
[6-10-2021 by Ord. No. 08-21]
a.
Principal or Accessory Use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
b.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with zone development regulations, including
but not limited to setback requirements, lot coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Officer an inventory of all existing
towers, antennas or sites approved for towers or antennas, that are
either within the jurisdiction of the Borough of Midland Park or within
one mile of the border thereof, including specific information about
the ownership, location, height, and design of each tower. The Zoning
Officer may share such information with other applicants applying
for approvals under this section or other organizations seeking to
locate antennas within the jurisdiction of the Borough of Midland
Park; provided, however that the Zoning Officer is not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable.
d.
Aesthetics. Towers and antennas shall meet the following requirements:
1.
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
2.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
3.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
e.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
f.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antenna into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
g.
Building Codes; Safety Standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Borough of Midland Park concludes that
a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
h.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Borough of Midland Park irrespective of municipal and County jurisdictional
boundaries.
i.
Nonessential Services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities, or private utilities.
j.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Borough of Midland Park
have been obtained and shall file a copy of all required franchises
with the Zoning Officer.
k.
Public Notice. For purposes of this section, any conditional use
request, variance application, site plan application or appeal of
a decision of an administrative officer shall require public notice
in accordance with the requirements of N.J.S.A. 40:55D-12.
l.
Signs. No signs shall be allowed on an antenna or tower, except for
safety signs.
m.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection 34-20.8.
n.
Multiple Antenna/Tower Plan. The Borough of Midland Park encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
[6-10-2021 by Ord. No. 08-21]
a.
General. The uses listed in this subsection are deemed to be permitted
uses and shall not require Planning or Zoning Board formal approval,
except that an application for a use permit and a waiver of site plan
may be filed with the approving authority, if required by the Zoning
Officer or Construction Code Official.
b.
Permitted Uses. The following uses are specifically permitted: Antennas
or towers located on property owned, leased, or otherwise controlled
by the Borough. However, the Borough may, as a condition of such lease,
require site plan approval. The decision to extend such leases to
an applicant shall be vested solely with the municipality, and shall
not be governed by this section. All other uses not specifically permitted
shall be deemed prohibited.
[6-10-2021 by Ord. No. 08-21]
a.
The following provisions shall govern the issuance of a site plan
approval for towers or antennas by the approving authority:
1.
Site plan approval shall be required for the construction of a tower
or the placement of an antenna in all zoning districts, in addition
to any other approvals which may be required by law.
2.
An application for site plan approval under this section shall be subject to the procedures and requirements set forth in Chapter 32, Site Plan Review, of the Borough Code, except as modified by this section.
3.
In granting site plan approval, the approving authority may impose
such conditions which it concludes are necessary to minimize any adverse
impact of a proposed tower on adjoining properties. Any information
of an engineering nature or details submitted by the applicant, whether
civil, mechanical or electrical in nature, shall be certified by a
licensed professional engineer.
b.
An applicant seeking site plan approval for a tower or antenna shall
submit the following information:
1.
A scaled site plan clearly indicating the location, type and height
of the proposed tower or antenna, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
Master classification of the site and all properties within the applicable
separation distances set forth in Table 1 of this subsection, adjacent
roadways proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and antenna, and any other structures,
topography, parking and other information deemed by the approving
authority to be necessary to assess compliance with this section.
2.
Legal description of the parent tract and leased parcel (if applicable).
3.
The setback distance between the proposed tower and antenna and the
nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
4.
The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to Subsection d shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s) and antenna, if known.
5.
A landscape plan showing specific landscape materials.
6.
Method of fencing, and finished color and, if applicable, the method
of camouflage and illumination.
7.
A description of compliance with the requirements of this chapter,
and applicable federal, state or local laws.
8.
Towers Only. A notarized statement by the applicant as to whether
construction of a tower will accommodate collocation of additional
antennas for future users.
9.
Identification of the entities providing the backhaul network for
the owner(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
10.
A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed new tower.
11.
A description of the feasible location(s) of future towers or antennas
within the Borough of Midland Park based upon existing physical, engineering,
technical or geographical limitations in the event the proposed tower
is erected.
12.
A visual study depicting where, within a three-mile radius, any portion
of the proposed tower could be seen. If the application concerns an
antenna on an existing structure, sign measurements to the point closest
to the structure wherein a person standing at grade could first observe
the antenna shall be provided for all four building elevations.
13.
A statement of intent on whether excess space will be leased, and
how much of the structure's basement or common internal area has been
made available for the storage of equipment accessory to the antenna.
c.
Criteria for Granting Site Plan Approval for Towers. In addition
to any standards for consideration of site plan applications pursuant
to, if required, by the Borough Code, the approving authority shall
consider the following factors in determining whether to grant site
plan approval provided that the approving authority may waive or reduce
the requirements of one or more of the following criteria if the approving
authority determines that the goals of this section are better served
thereby:
1.
Height of the proposed tower and antenna;
2.
Proximity of the tower/antenna to residential structures and residential
district boundaries;
3.
Nature of uses on adjacent and nearby properties;
4.
Surrounding topography;
5.
Surrounding tree coverage and foliage;
6.
Design of the tower or antenna, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
7.
Proposed ingress and egress; and
d.
Availability of Suitable Existing Towers, Other Structures, or Alternative
Technology. No new tower or antenna shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the approving
authority that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the Board related to the availability of suitable existing
towers, other structures or alternative technology. Evidence submitted
to demonstrate that no existing tower, structure or alternative technology
can accommodate the applicant's proposed antenna may consist of any
of the following (although nothing should be constructed to infer
that meeting one, some, or all of the following shall entitle the
applicant to approval):
1.
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
2.
Existing towers or structures are not of sufficient height to meet
the applicant's engineering requirements.
3.
Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment.
4.
The applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna
on the existing towers or structures would cause interference with
the applicant's proposed antenna.
5.
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
6.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
7.
The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable micro
cell network using multiple low-powered transmitters/receivers attached
to a wire line system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
e.
Setbacks. The following setback requirements shall apply to all towers
for which a conditional use permit is required; provided, however,
that the approving authority may reduce the standard setback requirements
if the goals of this chapter would be better served thereby:
1.
Towers must be set back a distance equal to at least 75% of the height
of the tower from any adjoining lot line.
2.
Guys and accessory buildings must satisfy the minimum zoning district
setback requirements.
3.
No tower shall exist within required buffer areas, if adjacent to
residential zones and as prescribed under local ordinance.
f.
Separation. The following separation requirements shall apply to
all towers and antennas for which a conditional use permit is required;
provided, however, that the approving authority may reduce the standard
separation requirements if the goals of this chapter would be better
served thereby.
1.
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in Table 1, except as otherwise provided in Table 1.
(b)
Separation requirements for towers shall comply with the minimum
standards established in Table 1.
|
Table 1 - Required Separation Distances
| |
|---|---|
|
Off-site Use/Designated Area
|
Separation Distance
|
|
Residential, schools or house of worship (1)
|
200 feet or 300% height of tower whichever is greater
|
|
Vacant single-family residentially zoned land which is either
platted or has preliminary subdivision plan approval which is not
expired
|
200 feet or 300% height of tower whichever is greater
|
|
Vacant unplatted residentially zoned lands (2)
|
200 feet or 300% height of tower whichever is greater
|
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
|
|
Notes:
| |
|---|---|
|
(1)
|
Including nursing homes and other similar uses wherein people
are housed or receive care at least eight hours per day.
|
|
(2)
|
Includes any unplotted residential use properties without a
valid preliminary subdivision plan or valid development plan approval
and any multifamily residentially zoned land greater than duplex.
|
2.
Separation distances between towers.
(a)
Separation distances between towers shall be applicable for
and measured between the proposed tower and preexisting towers. The
separation distances shall be measured by drawing or following a straight
line between the base of the existing tower and the proposed base,
pursuant to a site plan of the proposed tower. The separation distances
(listed in linear feet) shall be as shown in Table 2.
|
Table 2 - Existing Tower Types
| ||||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 50 feet in Height
|
Monopole Less than 50 feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
1,000
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
1,000
|
|
Monopole 50 feet in height
|
1,500
|
1,500
|
1,500
|
1,000
|
|
Monopole less than 50 feet
|
1,000
|
1,000
|
1,000
|
1,000
|
g.
Security Fencing. Towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anti-climbing device.
[6-10-2021 by Ord. No. 08-21]
a.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
1.
The cabinet or structure shall not contain more than 100 square feet
of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 40 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure.
2.
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structure
shall not occupy more than 10% of the roof area.
3.
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
b.
Antennas Mounted on Utility Poles, Light Poles or Towers. The equipment
cabinet or structure used in association with antennas shall be located
in accordance with the following:
1.
In a front or side yard provided the cabinet or structure is not
greater than six feet in height or 100 square feet of gross floor
area and the cabinet/structure is located a minimum of 75 feet from
all lot lines. The cabinet/structure shall be screened by an evergreen
hedge with an ultimate height of at least 42 inches to 48 inches and
a planted height of at least 36 inches.
2.
In a rear yard, provided the cabinet or structure is no greater than
eight feet in height or 120 square feet in gross floor area. The cabinet/structure
shall be screened by an evergreen hedge with an ultimate height of
eight feet and a planted height of at least 48 inches.
3.
In all other instances, structures or cabinets shall be screened
from view of all residential properties which abut or are directly
across the street from the structure or cabinet by a solid fence six
feet in height or an evergreen hedge with an ultimate height of eight
feet and a planted height of at least 72 inches.
4.
Emergency generators shall be located below grade and suitably soundproofed
so that noise volumes measured at all property lines do not exceed
ambient levels. A nighttime restriction of 50 decibels measured at
all lot lines shall be imposed.
c.
Equipment Storage in a Structure's Basement. Where an applicant proposes
to store equipment, structures or cabinets required to operate an
antenna within the confines of the structure wherein the antenna is
to be located, the applicant need only make application for a building
permit for this use, which shall be granted so long as in conformance
with all construction codes. The applicant must indicate, to the approving
authority, why this option is not available from a construction standpoint.
[6-10-2021 by Ord. No. 08-21]
Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within 90 days of receipt of
notice from the Borough of Midland Park notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within
said ninety-day period shall be grounds to remove the tower or antenna
at the owner's expense. If there are two or more users of a single
tower, then this provision shall not become effective until all users
cease using the tower. The Borough may condition the issuance of any
permit to construct, demolish or remove a tower or antenna on the
posting of an appropriate performance bond or other suitable guarantee
in a face amount of not less than 120% of the cost (as determined
by the approving authority) of such removal, grading and restoration
to a state required under all applicable Borough ordinances, including
but not limited to the Borough Property Maintenance Code.
[6-10-2021 by Ord. No. 08-21]
a.
Rebuilding damaged or destroyed nonconforming antennas. Nonconforming
towers or antennas that are damaged or destroyed may not be rebuilt
without having to first obtain site plan approval and a conditional
use permit and shall be required to meet the separation requirements
specified in Table 1. The type, height, and location of the tower
on site shall be of the same type and intensity as the original facility
approval. Building permits to rebuild the facility shall comply with
the then applicable building codes and shall be obtained within 180
days from the date the facility is damaged or destroyed. If no permit
is obtained or if said permit expires, the tower or antenna shall
be deemed abandoned as specified.
[6-10-2021 by Ord. No. 08-21]
a.
The provisions of this chapter of all of the rules, conditions and
requirements adopted or specified pursuant thereto, shall be enforced
literally by the Zoning Officer. Nothing in this chapter shall prevent
any property owner or resident of the Borough from availing themselves
of any lawful remedy in preventing or abating any violation of any
provision of this chapter.
b.
It shall be the duty of the Zoning Officer to investigate any violation
of this chapter coming to his attention, whether by complaint for
from his own personal knowledge or observation. Where any building
or structure is erected, constructed, altered, repaired, converted
or maintained or any building, structure or land is used in violation
of any provision of this chapter, the Zoning Officer shall serve notice
upon the owner or person of a violation of this chapter, either personally
or by certified mail, to remove said violation within 10 days. If
after 10 days the violation still exists, the Zoning Officer shall:
1.
Issue a summons returnable in the Municipal Court and file a complaint
against the owner, its agent, or any person or entity causing the
violation, and shall serve notice thereof in the manner prescribed
by law; and/or
2.
Upon the express authority of the Borough Council and with the advice
and assistance of the Borough Attorney, file in the Superior Court
a complaint to terminate said violation.
[6-10-2021 by Ord. No. 08-21]
a.
The Zoning Officer or his duly authorized assistant shall have the
right to enter any building or enter upon any land at any reasonable
hour as is essential in the execution of their duties, provided that:
1.
The consent of the owner or occupant is first obtained or applicable
law permits entry onto property without such consent.
2.
The Zoning Officer or his duly authorized assistant displays proper
identification upon commencing an inspection.
3.
Unless otherwise permitted by law, the inspection shall be commenced
in the presence of the owner or his representative or tenant.
b.
The Zoning Officer shall maintain files and records of all applications
for building permits and plan submitted therewith and for zoning certificates
issued by him, with notations of all special conditions involved.
He shall keep a record of every identifiable complaint of a violation
of any of the provisions of this chapter and of the action taken consequent
of each such complaint. These files and records shall be public records,
open to public inspection.
c.
The Zoning Officer shall report to the Council monthly, summarizing
for the period since his last previous report all zoning certificates
issued by him. The Council may request and shall be furnished with
information regarding all complaints of violations and the action
taken by him consequent thereto.
[6-10-2021 by Ord. No. 08-21; amended 4-13-2023 by Ord. No. 11-2023]
a.
A zoning certificate shall be secured from the Zoning Officer prior
to the construction, erection or alteration of any building or structure,
except a one-family dwelling: of any parking area not accessory to
a single-family dwelling; or of any fence of two feet in height or
more or of any change in occupancy of any nonresidential premises.
A construction permit issued in accordance with the New Jersey Uniform
Construction Code shall not satisfy the requirements of this section.
The fee for each such zoning permit shall be as set forth in the fee
schedule.
b.
All requests for a zoning certificate shall be made in writing by
the owner, or authorized representative, and shall contain a statement
of the use or intended use of the buildings, structure or land and
shall be accompanied by, among other things which the Board of Adjustment,
Planning Board or Zoning Officer may require, a plan and elevation
of the building and a plot plan drawn to scale, showing the proposed
building in its exact relation to lot and street lines, and by evidence
satisfactory to the Zoning Officer to the effect that the line of
the bounding street or streets have been accurately located and staked
on the ground.
c.
No zoning certificate permit shall be issued for the construction
or alteration of any building upon a lot without access to a street.
d.
No zoning certificate shall be issued for any new structure, for any addition to an existing structure or for any change in use or occupancy of a structure unless: (1) such certificate has been approved by the Planning Board, provided that the property is located in the I-1 or I-2 zone, (2) if required by law, a site plan shall have first been approved by the Planning Board or Board of Adjustment, in accordance with the terms of Chapter 32, Site Plan Review. Notwithstanding the foregoing, Planning Board or Board of Adjustment approval of a zoning certificate or site plan approval shall not be required prior to the issuance of a zoning certificate for any new structure or addition to an existing structure if such structure is used or to be used solely as a single or two-family dwelling or is an accessory thereto.
e.
No zoning certificate shall be issued for a building or structure
to be used for any conditional use in any district unless and until
such approval has been duly granted by the Planning Board or Board
of Adjustment.
f.
The zoning certificate application and all supporting documentation shall be made in duplicate. On the issuance of a building permit the Zoning Officer shall return one copy of all filed documents to the applicant. If the zoning certificate must be approved by the Planning Board pursuant to Subsection d above, the applicant shall submit 12 copies of all required materials.
g.
The Zoning Officer shall, within 20 working days after the filing
of a complete and properly prepared application approved, where necessary,
by the Planning Board or Board of Adjustment, either issue or deny
a building permit. If a building permit is denied, the Zoning Officer
shall state in writing to the applicant the reasons for such denial.
h.
Every zoning certificate shall expire if the work authorized has
not commenced within six months after the date of issuance, or has
not been completed within two years from such date. If no zoning amendments
or other codes or regulations affecting such property have been modified
and no publication of notice of a public hearing on such amendment
or code regulations have occurred in the interim, the Zoning Officer
may authorize in writing the extension of either of the above periods
for an additional six months, as per schedule, after which no further
work is to be undertaken without a new zoning certificate.
i.
Procedure for Construction and Occupancy Permits.
1.
An application for any construction permit or certificate of occupancy
for industrial use in the Industrial District shall be submitted to
the Construction Official in duplicate on forms prepared by the Planning
Board.
2.
The applicant shall also submit in duplicate all plans of the proposed
construction and development, including a description of the proposed
machinery, operation and products, as well as an affidavit by the
applicant acknowledging his understanding of the applicable performance
standards and agreement to conform with same at all times. If there
is any reasonable doubt as to the likelihood of the intended use conforming
to the performance standards, the Planning Board shall request a deposit
of $500 to be submitted with the application which will be used to
defray the cost of the special reports required to process it. The
Planning Board shall refer the application for investigation and report
to one or more expert consultants selected by the Board as qualified
to advise on conformance to the required performance standards. Such
consultant or consultants shall make their report within 30 days after
his or their receipt of such application. A copy of such report shall
be promptly furnished to the applicant. At the next regular meeting
of the Board or within 30 days of receipt of consultant's report,
whichever comes sooner, the Board shall render a decision in the form
of a written report regarding said application.
3.
Any permit authorized and issued shall be conditioned on, among other
things, the applicant's completed buildings and installations, in
operation, conforming to the applicable performance standards and
the applicant's paying fees in excess of $500, if needed, to cover
the expert's above-mentioned reports. All monies not used to pay for
the services of the expert consultant or consultants deemed reasonable
and necessary by the Board for advice shall be returned to the applicant
at the time the Board renders the written decision. The Construction
Official and appropriate subcode officials shall investigate any alleged
violation of the performance standards and, if there are reasonable
grounds to believe that a violation exists, shall notify the Planning
Board and Mayor and Council.
j.
Revocation of Zoning Certificate.
1.
Any person, corporation, partnership, firm or entity which has received
a zoning certificate pursuant to this section and is subsequently
determined to have violated the terms and conditions of the zoning
certificate or has otherwise been determined to have violated any
statute, ordinance or other provision pertaining to the use of the
structure shall be subject to having the zoning certificate revoked
by the Zoning Officer. Any party subject to such revocation shall
have the right to appeal such revocation pursuant to N.J.S.A. 40:55D-70a.
2.
A construction permit or certificate of occupancy for industrial
use in the Industrial District shall also be subject to having the
construction permit or certificate of occupancy revoked by the Zoning
Officer if it is determined that the holder of the construction permit
or certificate of occupancy has violated the terms and conditions
thereof or has otherwise been determined to violate any statute, ordinance
or other provision pertaining to the use of the structure. Any party
subject to such revocation shall have the right to appeal such revocation
pursuant to N.J.S.A. 40:55D-70a.
[6-10-2021 by Ord. No. 08-21]
A temporary zoning certificate may be issued by the Zoning Officer
for a specified period not to exceed one year for storage of building
supplies and machinery and assembly of building materials ancillary
to a lawfully approved construction project on the same premises;
provided that the issuance of such temporary certificate shall be
conditioned upon agreement by the owner to remove any such supplies
and materials upon the earlier of expiration of the certificate or
30 days following completion of the project.
[6-10-2021 by Ord. No. 08-21]
a.
Any owner or agent, and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to a fine not exceeding $1,250 or imprisonment or both as stated in Chapter 1, § 1-5, General Penalty of the Revised General Ordinances of Midland Park. Each and every day such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed a separate and distinct violation.
b.
The owner of any building or structure, lot or land or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate misdemeanor and, upon conviction thereof, shall each be liable to the fine or imprisonment or both specified in Subsection a above.
[6-10-2021 by Ord. No. 08-21]
If any section, sentence or any other part of this chapter is
adjudged unconstitutional or invalid, such judgment shall not effect,
impair, or invalidate the remainder of this chapter but shall be confined
in its effect to the section, sentence or other part of this chapter
directly involved in the controversy which such judgment shall be
rendered.
[6-10-2021 by Ord. No. 08-21]
All ordinances or parts or ordinances which are inconsistent
with the provisions of this chapter are hereby repealed, but only
to the extent of such inconsistencies.
[6-10-2021 by Ord. No. 08-21]
This chapter shall take effect immediately upon final passage
and publication as provided by law.
