The Schedule of Bulk and Coverage Controls, attached to this chapter, is hereby made a part hereof.[1] The standards and requirements set forth therein shall be considered as the minimum standards and requirements governing the use of land in the Borough, and, should there be a similar regulation or restriction which is more restrictive in this chapter or any other ordinance of the Borough or statute affecting any application hereunder, then the more restrictive provision shall apply.
[1]
Editor's Note: The Schedule of Area, Bulk, and Coverage Controls is included as an attachment to this chapter.
Any lot or plot as recorded at the time of passage of this chapter that fails to comply with the minimum requirements of this article 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.
Where a use is not specifically permitted in a zone district, it is prohibited. Businesses engaged in the sale of medical or recreational marijuana or paraphernalia that facilitates the use of marijuana shall be prohibited in all zoning districts.
In residential zones, there shall be not more than one principal dwelling structure and two accessory structures, including a private garage, on each lot within said zones, except in those residential zones where multiple dwellings are expressly permitted.
Chimneys or flues may be erected within a rear yard or side yard, provided that they do not project more than 18 inches into the required yard space. No HVAC or aboveground oil tanks shall be permitted within the required front yard. Permanent outdoor BBQ or outdoor kitchen facilities are permitted within the rear yard only subject to the required setback of the zone.
No court, yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a court area, yard or open space for any other building, and no court, yard or other open space on one lot shall be considered as providing a court, yard or open space for a building on any other lot.
No building to be used as a dwelling shall be constructed or altered in the rear of a building situated on the same lot. No building shall be constructed in front of or moved to the front of a dwelling situated on the same lot.
No person shall regularly sleep or reside in any building or portion thereof unless the same shall be a dwelling as defined by § 540-50 and located within a zone district in which dwellings are a permitted use.
The use of any truck, truck body, tractor, van, bus or vehicle, whether motorized or not, for the principal purpose of storing materials, inventory, waste, rubbish or other matter as a container and not as a vehicle for transport is prohibited in any zone district through the Borough.
No building, structure, retaining wall or part thereof shall be erected, razed, moved, extended, enlarged, altered or demolished or the existing grade of any lot or parcel changed until a permit for the same has been granted by the Construction Official.
A. 
Every owner of every lot upon which a building is to be erected in accordance with this chapter, or for which a building permit has been issued by an appropriate authority so as to permit the construction of a building as defined herein, shall, within seven days after the completion of the foundation of the building, file with the Borough Engineer for review, approval and verification of conformity with the approved plan a foundation survey marked as "as-built foundation plan" and certified by a licensed land surveyor, to show the actual foundation location and elevation. Driveway location and elevation, seepage pit locations, and final site grades over the entire site shall be submitted to the Borough Engineer five working days prior to a request for the issuance of a final certificate of occupancy.
B. 
No certificate of occupancy shall issue unless the Borough Engineer has approved the as-built plans for the entire site as defined above. For purposes of this section, the following shall be exempt from the requirements hereof:
(1) 
All additions to existing structures, not including as part thereof the expansion or extension of any foundation wall.
(2) 
Any addition to an existing single-family home where the new foundation wall or the extension of any existing foundation wall does not result in the extension of such foundation wall beyond the limit of any existing foundation wall in terms of front yard, side yard or rear yard setback; provided, however, that the footprint of the existing home does not increase by more than 25%.
(3) 
Any addition to an existing single-family home where the new foundation wall or extension of any existing foundation wall will result in an increased square footage at ground level of not more than 200 square feet greater than the existing square footage of the building.
(4) 
Notwithstanding the foregoing, the building official may, in his or her discretion, require the submission of a foundation survey where the building official determines that the same is appropriate under the circumstances. The determination of the building official in this regard is final and shall not be subject to review.
No business operation established in any residential zone shall have hours of operation with opening of the business earlier than 7:00 a.m. and closing of the business later than 10:00 p.m., except on Sundays, when no business may have hours of operation with opening before 12:00 noon. No deliveries to such business shall likewise commence prior to 7:00 a.m. and all deliveries must be completed before 10:00 p.m., Monday through Saturday, or before 12:00 noon on Sundays, except as otherwise approved by any reviewing board. Nothing herein shall preclude the reviewing board hearing any application from establishing more restrictive hours, based upon the nature of the proposed business operation and other facts and circumstances considered by the board. The foregoing restriction shall not apply to any business already established and in operation on the date this section is adopted where approved hours of operation differ from the requirements of this section. No business already established and in operation as of the date of this section shall increase or expand hours of operation beyond existing hours of operation or the hours permitted by this section, whichever is the greater.
A. 
Planning Board review. Whenever, by reason of the nature of the application, the Planning Board finds it necessary to obtain the special technical advice or testimony of specialists or consultants in connection with an application, such specialists or consultants shall be compensated by the applicant as reasonably required by the Board, and the applicant will be required to establish an escrow fund for such purposes with a deposit payable to the Zoning Administrator. All reports, advice or testimony of such specialists or consultants shall be given at the hearing, and the applicant shall have full access to the same and the right of cross-examination of any such consultants.
B. 
Board of Adjustment review. Whenever, by reason of the nature of the application, the Board of Adjustment finds it necessary to obtain the special technical advice or testimony of specialists or consultants in connection with an application, such specialists or consultants shall be compensated by the applicant as reasonably required by the Board, and the applicant may be required to establish an escrow fund for such purpose. All reports, advice or testimony of such specialists or consultants shall be given at the hearing, and the applicant shall have full access to the same and the right of cross-examination of any such consultants.
C. 
Special meeting fee. Upon written request by an applicant, the Planning Board or Board of Adjustment may consider but is not obligated to schedule a special meeting. Should the request for special meeting be granted, there shall be a minimum special meeting fee charged of $1,000 to offset administrative costs incurred by the municipality.
A. 
Unless otherwise provided herein, all yard, open spaces, vehicular access and off-street parking must be contained on the lot and within the zone district in which the use is located.
B. 
Shared parking.
(1) 
Adjacent lots in all commercial, industrial, or office zones may, in conjunction with securing site plan approval, enter into shared parking arrangements. Such shared parking shall be considered a permitted, accessory use in all commercial, industrial, or office zones. The integration, traffic flow plan for such shared parking shall be reviewed and approved by the relevant land use board and shall be memorialized in a permanent easement, which instrument shall be recorded with the relevant state or county recording agency.
(2) 
The relevant land use board shall apply the standards set forth herein for site plans and shall ensure that the shared parking arrangement makes adequate provision for ingress, egress, emergency access and circulation of traffic, as well as for adequate and safe pedestrian access and use. All uses on each site shall be considered when assessing the adequacy of such proposed parking arrangements. Any change in any such use shall require either site plan approval, or a waiver thereof.
(3) 
When two such adjacent lots employ such a shared parking arrangement, the yard, buffer and setback provisions of the zoning and land development provisions of this chapter otherwise applicable to such parking arrangements shall not apply to the common boundary.
C. 
Off-tract parking. It shall be a permitted accessory use for any existing parking area, or any area proposed for construction or expansion, in any commercial, industrial, or office zone, to be used to satisfy the parking obligation on another lot, subject to the following provisions and subject to site plan approval secured from the appropriate land use board for both affected lots:
(1) 
The Board shall determine the number of spaces available for use on the proposed off-tract parking site;
(2) 
The Board shall review the application, consistent with the standards imposed by the land development and zoning provisions of this chapter unless same are waived by the Board in accordance with the law;
(3) 
The Board shall impose reasonable conditions upon the use of such spaces, including but not limited to the imposition of valet parking arrangements;
(4) 
The Board shall review the easement agreement entered into between the property owners, which agreement shall contain such conditions as the Board may deem appropriate, including limitations on the use of the servient lot during such periods when the shared parking agreement will be in effect, which agreement shall be perpetual, and which agreement shall, as a condition of approval, be recorded with the appropriate state or county recording agency;
(5) 
Any violation of the terms and conditions of site plan approval, or of the easement agreement entered into in conjunction therewith, shall be punished/enforced through such methods as the Borough shall deem appropriate, and shall be considered a violation of a municipal ordinance susceptible to prosecution in the Municipal Court.
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 article. If already less than the minimum required under this Part 4, said area or dimension shall not be further reduced.
Structures which are accessory to a principal building or use shall be subject to the regulations of this section. Unless otherwise provided, these regulations shall apply to both accessory buildings and to accessory structures other than accessory buildings. These regulations shall not apply to signs, swimming pools, communications antennas, fences and walls, outdoor storage, parking garages, home occupations, solar energy devices, or green roofs, which are regulated elsewhere in this chapter, unless otherwise indicated.
A. 
Accessory structures in residential districts.
(1) 
No accessory structure shall exceed a height of 15 feet.
(2) 
An accessory structure shall be located at least 10 feet from a principal building situated on the same lot and shall be at least six feet from any other accessory structure.
(3) 
No accessory structure shall be located in a front yard, except that attached open porches and steps may be located in the front yard, subject to the following:
(a) 
Attached open porches shall meet the setback requirements set forth in Subsection A(7) below.
(b) 
Attached steps may be permitted to extend up to four feet beyond the foundation into the required yard, provided that such steps are neither enclosed nor roofed, and further provided that the width of the steps shall not exceed eight feet.
(c) 
Nothing in this provision shall be read to restrict the right to provide ramps and other reasonable means of access for the handicapped consistent with the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
(4) 
Accessory structures on corner lots and through lots may not be erected nearer to any street than the required front yard setback for the zone district in which said lot is located.
(5) 
Accessory structures located in a side or rear yard shall be set back a minimum distance of four feet from side and rear lot lines.
(6) 
No accessory structure or combination of accessory structures shall cover more than 25% of the required rear yard area.
(7) 
Accessory structures which are attached to the principal building, including decks, porches, elevated patios, gazebos and like constructions, shall be subject to the minimum yard requirements for the principal building.
(8) 
Decks, porches, elevated patios and like structures which are attached to the principal building shall be excluded from the calculation of building coverage, provided that such structures are neither roofed nor enclosed.
(9) 
Fifty percent of the gross area of decks, porches, elevated patios, gazebos and like constructions which are attached to the principal building shall be excluded from the calculation of impervious coverage, provided that such structures are neither roofed nor enclosed, and further provided that such exclusions shall not be applied where there is a concrete or other impervious base underlying said structures.
(10) 
Twenty percent of the gross area of concrete pavers or stone pavers used for driveways, walkways or at-grade patios which serve single-family residential dwellings shall be excluded from the calculation of impervious coverage, provided that such exclusions shall not be applied where there is a concrete or other impervious base underlying said pavers.
(a) 
When individual plot plans are submitted and the applicant elects to apply the paver reduction factor, the applicant shall be required to provide a table depicting the various impervious coverage components, including but not limited to building, accessory structures, driveways, walkways, patios, pools, etc., and any applicable reduction factors for each of the proposed impervious coverage components shall be identified as to their square footage and percentage of requested reduction.
(b) 
When individual plot plans are submitted and the applicant elects to apply the paver reduction factor, additional stormwater management measures may be required to be reviewed and approved by the reviewing engineer.
B. 
Accessory structures in nonresidential districts.
(1) 
Accessory structures shall not exceed 20 feet in height.
(2) 
An accessory structure shall not be located closer than 25 feet to another structure.
(3) 
Accessory structures shall meet the minimum yard requirements for principal buildings.
(4) 
Accessory uses and structures shall only be permitted to be located on a lot that contains a principal building.
A. 
Yard requirements. 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. The provisions of this section shall not apply in residential districts if an established building line has been formed as follows:
(1) 
If buildings have been erected within 75 feet and on both sides of a lot with front yards different from that required by this chapter, the minimum front yard for a new building or addition on said lot shall be the average of the front yards on the adjoining lots and the minimum front yard required by this chapter; provided, however, that no front yard shall be decreased by more than 20% of the front yard requirement, and no front yard need be increased by more than 20% of the front yard requirement of the zone in which the lot is located.
(2) 
If a building has been erected within 75 feet and on only one side of a lot with a front yard different from that required by this chapter, the minimum front yard for a new building on said lot shall be the average of the front yard on the adjoining lot and the minimum front yard required by this chapter; provided, however, that no front yard shall be decreased by more than 20% of the front yard requirement, and no front yard need be increased by more than 20% of the front yard requirement of the zone in which the lot is located.
B. 
Corner lots. Where a lot is bounded by more than one street, the minimum front yard setback requirement from each abutting street shall be met. The actual front yard of a corner lot shall be defined as the widest side serving the front of the property, provided that the minimum required front yard setback is observed from each abutting street. In addition, the following requirements shall apply to yards on corner lots:
(1) 
Once determined, the front yard shall be so designated clearly on all filed maps, deed filing to record minor subdivisions, construction permit drawings and applications, and the Assessor's property records.
(2) 
Said designation shall not be changed in any future development application.
(3) 
The yard opposite and most distant from the front yard so designated shall be deemed to be the rear yard in any future application for development.
(4) 
Any yard(s) other than front or rear yards shall be deemed to be a side yard.
(5) 
Eaves up to two feet, rainwater leaders, window wells and other such fixtures, bay windows up to two feet deep and 10 feet wide and open steps with a maximum dimension of four feet shall be permitted on the side wall of the house that faces the side street. Stoops, steps, terraces, chimneys and/or balconies, located on the side wall of the house, extending not more than 36 inches into the required front yard along the side street, shall not be construed as part of the building unless said projections are roofed.
C. 
Through lots. The following requirements shall apply to all through lots, as defined herein:
(1) 
The minimum front yard setback requirements shall apply to both streets on which a through lot fronts. The determination of a building's orientation to the street shall take into consideration the surrounding development pattern and the orientation that would best complement the existing neighborhood character and fabric. Where neither street has a uniform development pattern, the determination of the building's orientation shall be at the discretion of the developer.
(2) 
The placement of accessory structures shall be limited to the rear of the building, as established under Subsection C(1) above.
(3) 
In the case of residential through lots, the area to the rear of the dwelling, as established under Subsection C(1) above, shall be buffered from the abutting street by a landscaped buffer not less than 20 feet in width. For lots backing up on arterial streets or highways, the landscaped buffer shall not be less than 20 feet in width. Said buffer area shall be used for no purpose other than landscaping, underground utilities or for any required sidewalk.
D. 
Extensions into yards. Unless otherwise permitted per § 540-116, no part of any building shall extend beyond the foundation into any required yard, except the following, which shall not extend more than 18 inches beyond the foundation into any required yard:
(1) 
Roof overhangs.
(2) 
Bay or bow windows.
(3) 
Chimneys.
The height provisions of Part 4 shall not apply to the erection of church spires, belfries, towers designed exclusively for ornamental purposes, chimneys, flues or similar appurtenances not exceeding the height limit by more than 10 feet. The height provisions of Part 4 shall, moreover, not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% 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 more than 10 feet. Nothing in Part 4 shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than four feet.
No fence, structure, planting, or other sight obstruction over 30 inches in height or exceeding the sight line elevation shall be erected or maintained on a corner lot within the sight triangle required per § 540-54Q.
Transportable or wheel-based structures or other temporary structures used for sales, office, storage, or other purpose incidental to and in connection with a permitted construction project may be placed on a construction site subject to the issuance of a construction permit by the Borough Construction Official. The location, placement and relevant site conditions, including parking, landscaping, screening, fencing, lighting and the like, shall be shown on or submitted as part of the preliminary subdivision or site plan. In reviewing a proposal for any such structure, the location and amount of parking, vehicular and pedestrian traffic circulation, dust and erosion control, drainage, screening, landscaping, lighting and other relevant matters shall be considered. Any such structure shall be removed from the site prior to the issuance of the last certificate of occupancy for the permitted construction project or building. Temporary storage containers, as defined in Article VII, § 540-50, shall be permitted only as provided and regulated by § 540-142.
The outdoor storage or parking in the open in residential districts of recreational or commercial vehicles, boats and trailers of any kind is only permitted subject to the following conditions:
A. 
Any such vehicle or piece of equipment shall be owned or leased by a resident of the premises.
B. 
Any such vehicle or piece of equipment shall be located in a side or rear yard only, but in no event in a side yard adjoining a street.
C. 
Any such vehicle or piece of equipment shall be located so as to meet yard and setback requirements applicable to accessory buildings.
D. 
No such vehicle or equipment shall preempt any required off-street parking space nor interfere with access to that space.
E. 
Any such vehicle or piece of equipment shall be screened from view from an adjoining property or street by fencing or dense evergreen planting, except where existing natural screening exists or where topographic conditions would render such screening ineffective as determined by the Zoning Officer.
F. 
No recreational vehicle or camper shall exceed a length of 35 feet or exceed a height of 13 feet.
G. 
No boat or trailer shall have overall dimensions exceeding 25 feet in length, eight feet in width and eight feet in height.
H. 
A commercial vehicle shall not exceed a gross vehicle weight of 10,000 pounds, classified as a Class 2 Light-Duty Vehicle by the U.S. Department of Transportation Federal Highway Administration (FHWA).
I. 
No vehicle or equipment regulated herein shall be used as a dwelling, place of abode or sleeping place.
J. 
In no event shall unhitched trailers used for storage be permitted in residential districts.
Nothing in Part 4 shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewer and telephone and electric distribution lines, along with related attendant facilities, intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency.
A. 
Before the issuance of any building permit or certificate of occupancy for a nonresidential use, all of the following regulations must be complied with:
(1) 
Noise. All activities shall comply with Chapter 333 of the Borough's Code regulating noise.
(2) 
Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the New Jersey Uniform Fire Code. All operations shall be carried on and combustible raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said National Fire Protection Association or Factory Insurance Association.
(3) 
Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments.
(4) 
Smoke, dust, gases and other forms of air pollution. There shall be no emission of smoke, dust, gases or other forms of air pollution which would in any way violate the New Jersey Air Pollution Control Laws or the New Jersey Air Pollution Control Code (see N.J.S.A. 26:2C-1 et seq. and N.J.A.C. 7:27-1.1 et seq.).
(5) 
Liquid and solid wastes. 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 into the public sewer system, which are dangerous to the public health and safety. All methods of sewage and industrial waste treatment and disposal shall be approved, as applicable, by the New Jersey Department of Environmental Protection, the Borough Board of Health and the Water and Sewer Department. All methods of treatment and disposal shall comply with the requirements of these agencies.
(6) 
Radioactivity. No activities shall be permitted which cause radioactivity in violation of 10 CFR 1.20, entitled, "Standards for Protection Against Radiation," dated June 16, 1957, or any subsequent revision or amendment thereto.
(7) 
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate side on which such use is conducted.
(8) 
Glare and heat. No operation will be conducted which will produce heat or direct or sky-reflected glare beyond the property line of the lot on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on public highways and neighboring property.
(9) 
Utilities. All telephone and electric service on the property shall be by underground conduit.
B. 
Procedure for building permits and certificates of occupancy.
(1) 
If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Zoning Officer or Approving Authority (Planning Board or Board of Adjustment), in the event of an application for development application, shall request a deposit of $1,000 to be submitted with the application, which will be used to defray the cost of the special reports required to process it. The Zoning Officer or Approving Authority shall refer the application for investigation and report to one or more expert consultants selected by them as qualified to advise on conformance with the required performance standards. Such consultant or consultants shall make their report within 45 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 Approving Authority or within 30 days of receipt of the consultant's report by the Zoning Officer, whichever comes sooner, the Zoning Officer or Approving Authority shall render a decision in the form of a written report regarding said application. 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 $1,000, if needed, to cover expert's above-mentioned reports. All moneys not used to pay for the services of the expert consultant or consultants deemed reasonable and necessary by the Zoning Officer or Approving Board for advice shall be returned to the applicant at the time the Zoning Officer or Board renders the written decision.
(2) 
The Zoning Officer shall investigate any alleged violation of the performance standards, and, if there are reasonable grounds to believe that a violation exists, he/she shall notify the governing body. The governing body shall investigate the alleged violation and for such investigation may employ qualified experts.
Businesses that engage in the sale, cultivation or distribution of medical or recreational cannabis or paraphernalia that facilitates the use of cannabis shall be prohibited in all zoning districts in accordance with Chapter 160 of the Borough of Hawthorne Code.
A. 
Definitions. The following terms shall have the meanings indicated below:
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and communication for marketing, used to solicit, encourage, persuade or manipulate viewers, readers or listeners into contracting for goods and/or services in violation of this chapter, as same may be viewed through various media, including but not limited to newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, for consideration, which are prohibited by this chapter.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any legally recognized form of consideration including a promise or benefit, a quid pro quo, cash rent, fees, other form of payment, remuneration or thing of value.
DWELLING UNIT
Any structure, or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged or designed to be occupied, for sleeping, dwelling, cooking, gathering and/or entertaining, as a residential occupancy, by one or more persons. This definition includes an apartment, condominium, building, cooperative, converted space, or portions thereof, that is offered to use, made available for use, or is used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guest(s), for consideration, for a period of 30 days or less.
HOUSEKEEPING UNIT
Constitutes a family-type unit, involving one or more persons, living together, that exhibit the kind of stability, permanency and functional lifestyle equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.
OCCUPANT
Any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessor right(s) within a dwelling unit.
OWNER
Any person(s) or entity(ies), association, limited-liability company, corporation, or partnership, or any combination, who legally use, possess, own, lease, sublease or license (including an operator, principal, shareholder, director, agent, or employee, individual or collectively) that has charge, care, control, or participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.
PERSON
An individual, firm, corporation, association, partnership, limited-liability company, association, entity, and any person(s) and/or entity(ies) acting in concert or any combination therewith.
RESIDENTIAL OCCUPANCY
The use of a dwelling unit by an occupant(s).
B. 
Permitted uses.
(1) 
The residential occupancy of an otherwise lawfully occupied dwelling unit for a period of 30 days or less by any person who is a member of the housekeeping unit of the owner, without consideration, such as house guests, is permitted.
(2) 
The residential occupancy of an otherwise lawfully occupied dwelling unit for a period of 30 days or less where the dwelling unit has received zoning approval as a hotel, motel or boarding house, and the dwelling unit is otherwise licensed and/or permitted as required by applicable laws and regulations.
C. 
Short-term rentals prohibited.
[Amended 8-16-2023 by Ord. No. 2323-23]
(1) 
Notwithstanding any other contrary provisions as contained in this chapter, the renting or leasing of a dwelling unit for residential occupancy for a period of 30 days or less is prohibited in all zones within the Borough.
(2) 
Notwithstanding any other contrary provisions as contained in this chapter, the renting or leasing of any amenity, feature, accessory, or appurtenance associated with the dwelling unit, including, but not limited to, swimming pools, is prohibited.
D. 
Advertising prohibited. It shall be unlawful to advertise, solicit or promote by any means actions in violation of this chapter.
A. 
All development shall be in accordance with the regulations set forth in Article XI, Stormwater Management. Site design is encouraged to incorporate green design elements to achieve the following goals: reduce stormwater volume, minimize impervious coverage, decrease and delay peak discharge, reduce pollution and recharge groundwater.
B. 
Various design elements may be incorporated into site design with the following specifically low-impact development techniques encouraged: rain gardens, bio-infiltration planters, infiltration basins, vegetated swales and pervious paving.
A. 
The purpose of this chapter 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. 
Definitions.
CERTIFICATE OF OCCUPANCY
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.[1]
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
(1) 
Level 1 operates on a 15- to 20-amp breaker on a 120-volt AC circuit.
(2) 
Level 2 operates on a 40- to 100-amp breaker on a 208- or 240-volt AC circuit.
(3) 
Direct-current fast charger (DCFC) operates on a 60-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.
ELECTRIC VEHICLE
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.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
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."
MAKE-READY PARKING SPACE
The pre-wiring 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.).
PRIVATE EVSE
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).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park-and-ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multifamily parking lots, etc.).
[1]
Editor's Note: See Ch. 185, Construction Codes, Uniform.
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.
(2) 
EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.
(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 chapter. Failure to meet the requirements in this chapter shall be subject to the same enforcement and penalty provisions as other violations of Borough of Hawthorne's land use regulations.
(5) 
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.),[2] any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
[2]
Editor's Note: See Ch. 185, Construction Codes, Uniform.
(6) 
An application pursuant to Subsection C(5) 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. 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(1) 
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;
(2) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(3) 
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.
(4) 
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.
(5) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
E. 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in above shall:
(1) 
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(2) 
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(3) 
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(4) 
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.
(5) 
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.
(6) 
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(7) 
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.
(8) 
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.
F. 
Minimum parking requirements.
(1) 
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces.
(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.
(4) 
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection E above may be encouraged, but shall not be required in development projects.
G. 
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.[3]
[3]
Editor's Note: See Ch. 185, Construction Codes, Uniform.
(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.
H. 
EVSE parking.
(1) 
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(2) 
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.
(3) 
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Hawthorne Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection K 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.
I. 
Private parking. The use of EVSE shall be monitored by the property owner or designee.
J. 
Safety.
(1) 
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 K below.
(2) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with § 540-82, Lighting.
(3) 
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 set back a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three 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.
(4) 
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 J(5) 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.
(5) 
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.
(6) 
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.
(7) 
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 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.
K. 
Signs.
(1) 
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.
(2) 
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.
(3) 
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 K(2) above.
(4) 
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:
(a) 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
(b) 
Usage fees and parking fees, if applicable; and
(c) 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.