Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No. 80-12 as Ch. 184 of the 1979 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 202.
Subdivision of land — See Ch. 301.
Zoning — See Ch. 347.
[Amended 7-12-2005 by Ord. No. 05-34; 10-4-2011 by Ord. No. O-11-53]
For the purposes of this chapter, the following terms shall have the meanings indicated:
MINOR SITE PLAN
A site plan of one or more lots, excluding one lot with a single one-family or two-family dwelling, for approval of:
[Amended 1-19-2016 by Ord. No. O-15-042]
A. 
Any change in use that triggers an increase in intensity of use as defined by the number of parking spaces required; and/or
B. 
Erection or replacement or relocation of a fence or retaining wall, excluding exact replacement of existing walls and fences; and/or
C. 
Outdoor installation or relocation of:
(1) 
A refuse or solid waste storage and collection area and its screening; or
(2) 
An emergency power generator or condensing unit; or
(3) 
Freestanding signs; and/or
D. 
Redesign of the layout or internal traffic flow of an existing parking area; and/or
E. 
Site improvements to provide, increase or improve barrier free access for persons with disabilities, provided always that such site plan contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met and does not involve approval of:
(1) 
A use or other variance;
(2) 
A planned development;
(3) 
Any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42 or ordinance.
SITE DEVELOPMENT
Consists of any one of the following:
A. 
Construction of any building or addition to a building having a floor area of over 100 square feet; and/or
B. 
The conversion of any existing building to more dwelling units, other than detached one-family or two-family dwellings or buildings accessory to one-family or two-family dwellings; and/or
C. 
The construction or redesign of parking areas and driveways for more than two vehicles, except in connection with a detached one-family or two-family dwelling; and/or
D. 
The regrading, removal of vegetation or displacement of soil in an area of over 5,000 square feet.
The provisions of this chapter shall be administered by the Township of Montclair Planning Board in accordance with N.J.S.A. 40:55D-37, except that the Zoning Board of Adjustment shall substitute for the Planning Board whenever the Zoning Board of Adjustment has jurisdiction over a site plan under the ordinance establishing a Planning Board and a Zoning Board of Adjustment, adopted February 1, 1977.[1] In this chapter where reference is made to the Planning Board, the words "Board of Adjustment" shall be substituted in those situations where the Zoning Board of Adjustment has jurisdiction.
[1]
Editor's Note: See Ch. 202, Land Use Procedures.
[Added 10-4-2011 by Ord. No. O-11-53]
A. 
A minor site plan application shall be filed in accordance with § 281-1 above and shall contain all data and information required in § 202-29.2. Minor site plan approval, with or without conditions, shall be deemed to be final approval of the site plan.
B. 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.
C. 
Whenever review or approval of the application by the County planning board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
D. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves, to the reasonable satisfaction of the Board, that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: what would otherwise be the expiration date; or the 91st day after the date on which the developer receives the last of the legally required approvals from other governmental entities, whichever occurs later.
A. 
Any owner or developer of land within the Township of Montclair shall, prior to developing a site as defined in this chapter, submit to the administrative officer of the Planning Board a preliminary site plan and such other information as is required in Article IV below, in tentative form for preliminary approval. If any architectural plans are required, the preliminary plans and elevations shall be sufficient. If the application is found to be incomplete, as not meeting the requirements of § 281-7 below, the applicant shall be notified within a period of 45 days or it shall be deemed to be properly submitted. However, the applicant may confer with and submit sketch plans to the Board for discussion prior to the submission of a formal application.
[Amended 4-29-1980 by Ord. No. 80-20]
B. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development, and the time period within which the Planning Board shall be required to make a decision shall be computed from the date of the submission of the amendment to the administrative officer.
C. 
The Planning Board shall, following public hearing as required in the ordinance establishing a Planning Board and a Zoning Board of Adjustment,[1] if the proposed development complies with this chapter and N.J.S.A. 40:55D-1 et seq., grant preliminary site plan approval. If the application for development is under the jurisdiction of the Zoning Board of Adjustment, the hearing, review and approval procedures shall be included with and subject to the same requirements as for a zoning variance.
[1]
Editor's Note: See Ch. 202, Land Use Procedures.
D. 
Time limit for approval.
[Amended 4-29-1980 by Ord. No. 80-20]
(1) 
Upon submission of a complete application for a site plan, the Planning Board shall grant or deny preliminary approval within the time specified in Chapter 202, Land Use Procedures, § 202-8, of the Montclair Code. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
(2) 
Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or fewer, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
E. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, the Township Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or the failure of such Board to report negatively thereon within the required time period.
F. 
The Planning Board may waive in whole or in part the requirements for the submission of a preliminary or final site plan or waive the requirements of a public hearing where it is determined that the site development proposed is of a minor nature not having potentially adverse effects on adjoining properties or on the public health, comfort, safety and general welfare. The Planning Board may also simultaneously grant preliminary and final approval of a site plan based upon application complying with the requirements of § 281-7.
G. 
The Planning Board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
H. 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
A. 
Preliminary approval of a site plan shall protect the applicant, for a three-year period from the date of the preliminary approval, from changes in the general terms and conditions on which preliminary approval was granted, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and any requirements peculiar to such preliminary site plan approval. However, nothing herein shall be construed to prevent the township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
B. 
The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.
C. 
The applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.
The final site plan shall be submitted to the administrative officer of the Planning Board within the time limit specified in § 281-4. If the plan and related information are not complete as specified in § 281-7, the applicant shall be notified within 45 days after the date of submission, or the application shall be deemed to be complete. The Planning Board shall act upon the final site plan within 45 days of the submission of a complete application. A public hearing shall not be required, except that if any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing is made or is required, the plan shall again go through the procedure required for preliminary site plans.
The installation of improvements as required in §§ 281-8 and 281-9 hereunder and as included in the site plan shall not commence until after the approval of the final site plan. Such installation shall be subject to inspection by the Township Engineer, and approval shall be revoked if there is significant deviation from the site plan as approved. Performance and maintenance bonds shall be released, subject to approval by the Township Engineer and Township Council. All improvements shall be completed in a timely manner so as not to leave the site in an unfinished or unsightly condition, as determined by the Council, and if this is not done, the final approval shall be deemed to be revoked and the performance and maintenance bonds may be used by the township to restore the site to an acceptable condition. The issuance of building and occupancy permits shall be conditioned on the completion of improvements as specified in the final site plan approval.
[Amended 10-6-1998 by Ord. No. 98-41; 5-9-2006 by Ord. No. 06-19; 7-25-2006 by Ord. No. 06-45; 12-19-2006 by Ord. No. 06-70; 2-11-2008 by Ord. No. 08-01; 11-10-2009 by Ord. No. O-64-09; 10-4-2011 by Ord. No. O-11-53]
All site plan applications shall provide the information required in § 202-29.2.
[Amended 2-1-1977 by Ord. No. 77-3; 10-4-2011 by Ord. No. O-11-53]
The purpose of good site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure a project will be an asset to the community. In project design and in reviewing project applications, the following principles of site design shall apply and shall be deemed to be the minimum standards and prerequisites for Planning Board or Zoning Board of Adjustment approval.
[Added 10-4-2011 by Ord. No. O-11-53]
Each site plan shall provide for the following:
A. 
The development shall be consistent with Chapter 347, Zoning, except in those cases where application is being made to the Zoning Board of Adjustment for a variance from the terms and provisions of said Chapter 347. In acting on an application, the Planning Board or Zoning Board of Adjustment shall also consider the application in the light of all other applicable codes and ordinances, including but not limited to Chapter 301, Subdivision of Land, Chapter 186, Health Standards, and Building Codes, and in relation to any portion of the Master Plan.
B. 
Environmental impact. The site design and arrangement of streets, lots, parking areas, buildings, and units shall minimize cut and fill, reduce unnecessary impervious cover, and mitigate adverse effects of shadow, noise, odor, traffic, transportation, drainage, and utilities on neighboring properties.
C. 
Energy conservation. To the extent consistent with the reasonable use of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide the maximum utilization of renewable energy sources. Significant solar access to roads and buildings are possible with variations from east/west orientations of up to 25%. Storm drainage facilities shall be designed as an integral part of the development, and arrange the design to use as much of the natural drainage as possible.
D. 
Neighborhood context. The arrangement of buildings and structures on the site shall be designed so as to create a harmonious appearance with respect to each other and with existing structures in the immediate neighborhood. Consideration shall be given to topographic conditions, the relationship of open space between buildings both on and off the site and the effect the plan will have on properties in the immediate neighborhood. The use of different textures, complementary colors, detailing and contrasting shapes to create an appealing facade is strongly encouraged. The use of single colors and blank walls is discouraged. Each phase of a phased development project should be able to stand alone as architecturally and visually complete.
E. 
Utilities. The site plan shall provide adequate water supply connections, drainage, sewage connections, electric and telephone lines and other utilities necessary for essential service to residents and occupants. Electric and telephone lines shall be installed underground unless excepted by the Planning Board or the Board of Adjustment.
F. 
Soil conservation. The site plan shall provide adequate protection and conservation of soils through an erosion and sedimentation control plan where over 5,000 square feet of ground area is being disturbed.
G. 
Other improvements. Standards for the grading, improvement and construction of streets or driveways and for walkways, curbs, gutters, streetlights, screening, fire hydrants and water, drainage, sewerage facilities and other improvements found necessary shall be as required by the Township Engineer. Such improvements shall be installed by the developer and shall be subject to performance guaranty requirements and maintenance guaranty requirements before issuance of a building permit and a certificate of occupancy. Where certain utilities to be installed are under other governmental authority or jurisdictions, their requirements shall be adhered to by the developer. A letter approving the proposed installations and a statement as to who will carry out the construction shall be required.
H. 
Exterior garbage and recycling storage areas. Exterior garbage and recycling storage areas for multifamily and commercial developments shall be screened around their perimeter by wood fence enclosures with a roof or by solid walls of compatible design with the adjacent facade materials. Chain link fences are not permitted. Such enclosures shall have a minimum height of five feet and a maximum height of seven feet and shall extend on three sides of the area with a wooden gate or solid door on the fourth side. The storage area shall have a concrete pad as its surface and shall be safely and easily accessible by recycling personnel and vehicles. The design and dimensions should be consistent with anticipated usage, current methods of garbage and recycling collection and any district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.
I. 
Rooftop equipment. All rooftop equipment shall be screened from view of public streets and adjoining properties.
[Added 10-4-2011 by Ord. No. O-11-53]
Each site plan shall provide for the following:
A. 
Landscape design.
(1) 
General provisions. The following general provisions shall apply to the installation and design of landscapes and streetscapes:
(a) 
All land areas not covered with buildings, parking, or other impervious surfaces shall be landscaped with suitable materials. Landscaping shall consist of trees, shrubs, ground cover, perennials, and annuals singly or in common as well as other inanimate materials such as rocks, water, sculpture, art, walls, fences, and paving materials.
(b) 
A landscape design shall be provided as part of site plan and subdivision submissions. Every applicant for subdivision or site plan approval shall comply with the minimum standards as set forth in this section.
(c) 
The approving authority may require additional plant material to create an appropriate landscaping scheme for the site given the nature of the site and the proposed development.
(d) 
Where subdivisions only are applied for the minimum standards shall apply only to street trees and to common open space and areas proposed to be dedicated to the public.
(e) 
All landscape plants shall be typical in size and weight for their species and shall conform to the standards of the American Association of Nurserymen for quality and installation.
(f) 
Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities and stormwater management facilities and should generally be no closer than 10 feet, measured horizontally.
(g) 
All plants shall be tolerant of specific site conditions. The use of indigenous species is strongly encouraged. Exotic, nonnative invasive plant species shall not be permitted.
B. 
Landscape design guidelines. The following guidelines are to be used when designing the landscape plan:
(1) 
Landscaping shall be designed to achieve a thorough integration of the various elements of site design, including building and parking placement, the natural features of the site and the preservation of pleasing or aesthetic views. Landscaping shall be used to accent and complement the form and type of building(s) proposed.
(2) 
Every possible consideration shall be given and every possible measure taken in the interest of retaining all standing live trees with special emphasis on trees in excess of six inches diameter breast height (d.b.h.). All dead or diseased trees shall be removed.
(3) 
Landscaping shall be located to provide effective climatic control. The east and west walls of a building should be the most heavily vegetated to shade for summer sun and the north to northwest area for winter prevailing winds. The southerly facing side of a building should be shaded from summer sun but open for solar gain during the winter.
(4) 
Plants' susceptibility to disease, their colors, textures, shapes, blossoms, foliage characteristics and drought tolerance shall be considered in the overall design of a landscape plan.
(5) 
Local soil conditions and water availability shall be considered in the choice of landscaping.
(6) 
In the design process, the eventual maturity of the plant shall be considered for its effect on circulation patterns, solar access, site lighting, drainage, emergency access and relationship to buildings and the streetscape.
C. 
Street trees. The following street tree standards shall be met in any application for development:
(1) 
Location. Street trees shall be installed on both sides of all streets in accordance with an approved landscape plan, unless off tract. Trees shall be spaced evenly along the street between the curb or edge of cartway and sidewalk or bikeway.
(2) 
Spacing. Street trees should be planted at predetermined intervals along streets depending on the size of the tree.
(a) 
Street trees shall be planted to meet the following planting intervals:
Tree size at Maturity
(height in feet)
Planting Interval
(in feet)
Large trees (45+)
40
Medium trees (30 to 45)
30
Small trees (less than 30)
20
(b) 
Trees may be planted closer together in order to avoid interference with utilities, roadways, sidewalks, sight easements, and streetlights. Street tree species shall be as approved by the Township Arborist.
(3) 
Planting specifications. All street trees shall be deciduous varieties and have a minimum caliper as noted in § 281-8.2E. Street trees shall be substantially uniform in size and shape and shall have straight trunks. Trees shall be properly planted and staked in accordance with ANSI or American Association of Nurserymen. Provision shall be made by the developer for regular watering and maintenance until the street trees are established. Dead or dying trees shall be replaced by the developer during the next suitable planting season.
D. 
Landscape buffers. Landscaping buffers are areas that are required to minimize and visually screen any adverse impacts or nuisances from a site or from any adjacent area.
(1) 
Landscape buffers shall consist of a combination of deciduous trees, conifers, shrubs, berms and, if appropriate, fences or walls in sufficient quantities and sizes designed to continuously limit the view of and/or sound from the site to adjacent sites or properties. Fences and walls may only be used for decoration or as supplements to required landscaping to achieve a higher degree of visual blocking.
(2) 
Landscape buffers shall be continuous except for access drives as approved by the approving authority.
E. 
Minimum planting sizes. The following minimum plant sizes shall be required:
(1) 
Deciduous trees. The minimum planting size (measured in calipers) shall be three inches for large trees, 2 1/2 inches for medium-sized trees and two inches for small trees, balled and burlapped.
(2) 
Coniferous and evergreen trees. The minimum planting size shall be five feet to six feet, except that, when used as a landscape buffer, plant material between residential and nonresidential uses shall be increased to a minimum planting size of six feet to eight feet.
(3) 
Large evergreen and deciduous shrubs. The minimum planting size for large evergreen and deciduous shrubs shall be three feet to four feet, except that arbovitae shall be a minimum of five feet to six feet in height.
(4) 
Small evergreen and deciduous shrubs. The minimum planting size for small evergreen and deciduous shrubs shall be 18 inches to 24 inches.
[Added 10-4-2011 by Ord. No. O-11-53]
Each site plan shall provide for the following:
A. 
Lighting plan. A lighting plan prepared by a qualified individual shall be provided with all major subdivision and site plan applications.
B. 
Street lighting. Street lighting of a type supplied by or approved by the utility and of a type and number approved by the Board shall be provided for all street intersections and along all arterial, collector and local streets as deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for street lighting.
C. 
Parking areas.
(1) 
All parking areas and walkways thereto and appurtenant passageways, building entrances, loading areas and driveways required for nonresidential or multifamily uses shall be adequately illuminated during the hours of operation which occur after sunset.
(2) 
Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.
(3) 
Freestanding lights within parking lots shall be protected to avoid being damaged by vehicles. Freestanding lights at the perimeter of parking lots shall be aligned with the parking stall striping and located a minimum of 2 1/2 feet to the edge of curb. The exposed concrete light foundation shall not exceed two inches above grade or six inches above grade if located within a lawn area.
D. 
Security lighting. With the exception of light sources with twenty-four-hour businesses, commercial property shall provide security lighting required for safety not to exceed 40% of the site lighting or those required for safety as determined by the Montclair Township Police Department. Lighting in mixed or residential use areas shall be turned off between 11:00 p.m. and 6:00 a.m. in residential or mixed-use areas. This shall also apply to signage lighting. Provisions shall be made for reduction in the intensity of illumination to the minimum need for security purposes when a facility is not in operation.
E. 
Lighting intensity.
(1) 
The lighting plan shall show the proposed light intensity (including fixtures noted to remain) at ground level indicated where 0.5 footcandles occur.
(2) 
Dimensioned manufacturer's lighting details and specifications including footcandle distributions shall be provided.
(3) 
All lights shall be concealed source nonglare lighting and shall be focused downward so that the direct source of light is not visible from adjoining streets or properties. No light shall shine into building windows or onto streets and driveways so as to interfere with or distract driver vision.
(4) 
The lens of the light shall be flush with the fixture housing and shall be parallel to the ground. Movable fixture housings are prohibited.
(5) 
The minimum footcandle in areas used by the public shall be 0.5; the maximum footcandle is two. The light intensity shall not exceed 0.3 footcandles along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.
F. 
Height of fixture. Lighting shall be provided by fixtures with a mounting height not more than 15 feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.
G. 
Style. The style of any light or light standard shall be consistent with the architectural style of the principal building and, where appropriate, the architectural character of the surrounding area.
H. 
Other.
(1) 
Freestanding lights or light fixtures attached to utility poles are prohibited within the road right-of-way with the exception of street lights.
(2) 
Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan, in sufficient detail to allow a determination of effects upon adjacent properties, traffic safety and overhead sky glow.
(3) 
To achieve the above requirements, the intensity of light sources, light shielding and similar characteristics shall be subject to site plan approval.
(4) 
Shade trees shall be planted a minimum of 10 feet from any freestanding lighting fixture.
[Added 10-4-2011 by Ord. No. O-11-53]
Each site plan shall provide for the following:
A. 
Multifamily residential design.
(1) 
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide an attractive development. The design shall include landscaping techniques, building orientation to the site and to other structures, topography and natural features.
(2) 
The exterior of each building wall shall be of brick or stone facing, solid brick or stone, or some other accepted durable material; provided, however, asbestos shingle or cinder block as an exterior finish is prohibited.
(3) 
In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 feet of storage area in a convenient, centrally located area in the basement or ground floor of the existing dwelling structure or elsewhere where personal belongings and effects may be stored without constituting a fire hazard and where the said belongings and effects may be kept locked and separated from the belongings of other occupants. There shall be a further minimum common storage area in each building for bicycles, strollers and similar types of equipment of 50 cubic feet per dwelling unit.
(4) 
Service features, garages and parking areas shall, where possible, be located on a side of the individual lot having access to an interior street or road.
(5) 
Building entrances units shall be oriented towards existing streets.
B. 
Single-family attached residential site and building design standards.
(1) 
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide an attractive development. The design shall include landscaping techniques, building orientation to the site and to other structures, topography and natural features.
(2) 
Individual dwelling unit design features shall include staggering unit setbacks, providing changing roof lines and roof designs, altering building heights and shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combinations for each dwelling unit.
(3) 
No more than two adjacent dwelling units may be constructed without providing a front wall offset of not less than two feet.
(4) 
Each building shall contain eight dwelling units or less.
(5) 
All exterior and party walls of each dwelling unit shall be of masonry construction.
(6) 
All side and rear elevations shall be faced with brick or quarried stone; the balance of such area shall be faced with material suitable in terms of quality, durability and appearance, as approved by the Board; provided, however, asbestos shingle or cinder block as an exterior is prohibited.
(7) 
Not less than 50% of the total area of front elevation in each group of dwelling units shall be faced with brick or quarried stone; the balance of such area shall be faced with material suitable in terms of quality, durability and appearance, as approved by the Board; provided, however, asbestos shingle or cinder block as an exterior is prohibited.
(8) 
Building entrances units shall be oriented towards existing streets.
[Added 10-4-2011 by Ord. No. O-11-53]
The following standards apply upon construction or alteration of, or addition to, any business building or a facade of such building.
A. 
Entrances.
(1) 
All building entrances shall be oriented to the public street. On corner lots, building entrances shall be located at or near the corner.
(2) 
Building entrances shall be emphasized through use of distinctive architectural treatment and/or awnings.
B. 
Windows.
(1) 
A minimum of 60% of the street-facing facade must be transparent glass.
(2) 
Opaque, dark-tinted or reflective glass is not permitted. Reflective glass with 50% tinting may be used to reduce sun glare.
(3) 
Windows must be transparent and may not be covered with opaque material.
(4) 
Through window/wall air-conditioning units may not be installed at any facade that faces the street or parking area.
(5) 
Storefront windows shall provide interior visibility or merchandise display. Paper signs are not allowed except for advertising sales or special promotions on a temporary basis. They may be up for no longer than 21 business days and must be professionally designed.
(6) 
Window display areas shall remain lighted from dusk until at least store closing or 10:00 p.m., whichever is later.
C. 
Awnings and canopies.
(1) 
Canvas color-fast awnings, standing seam/metal or weathercoated fabric-like plastic awnings and glass canopies are the recommended materials.
(2) 
Awnings and canopies must be mounted below the retail sign board if there is one. Internally illuminated awnings are prohibited.
(3) 
Product brand advertising is not permitted on awnings or canopies.
D. 
Planters and greenery. All permanent (stay-out-overnight) pots and planters must be a minimum of 1.5 feet in height.
E. 
Sidewalk furniture. Outdoor furniture must be weighted or fixed to the ground to avoid pilferage or movement from the wind. All furniture should be made of metal, wood or of some combination of these materials.
F. 
Facade and building renovations; new construction applicability. All renovations and additions to business buildings and establishments, whether undertaken by an owner or tenant, construction of new buildings for business purposes. Construction of additions to buildings used for business purposes.
(1) 
Existing facade: windows and doors.
(a) 
Existing window openings on facade may not be filled in unless finished materials are made to match adjacent finishes. Leaving brick and stone facades unpainted is encouraged.
(b) 
Windows and transoms on the facade(s) that have been blocked and covered over must be made to match adjacent finishes.
(2) 
Facade divisions. A continuous facade greater than 100 feet and continuous facades created by combining several smaller buildings into one long facade shall be subdivided by smaller vertically oriented sections or vertical relief (i.e., pilaster) expressed as individual buildings of traditional width.
[Added 1-4-1982 by Ord. No. 82-53]
A. 
Garages and parking spaces shall be paved with a hard-surface paving and shall be accessible from similarly paved areas (herein called "aisles") which must be connected directly or by means of a similarly paved driveway to a public street. Any driveway used as an aisle must satisfy the aisle width requirements. All such paving shall be properly drained and maintained.
B. 
Each parking space shall consist of a rectangular area having minimum dimensions of nine feet by 19 feet. Where vehicle overhang is unobstructed and does not interfere with pedestrian traffic, paved stall lengths may be reduced to 17.5 feet. However, vehicle overhang areas shall not be considered part of required setbacks or required landscaped areas.
[Amended 10-11-1983 by Ord. No. 83-34]
C. 
The required minimum parking space dimensions may be waived and dimensions of eight feet by 17 feet permitted where the approving authority finds that such spaces can reasonably be reserved for use by small cars. Vehicles with lengths of 16 feet or less are considered small cars.
D. 
Minimum parking lot aisle widths.
(1) 
Minimum parking lot aisle widths shall be as follows:
Parking Angle
Aisle Width
(feet)
45° or less
12
60°
18
90°
24
(2) 
Required minimum parking lot aisle widths may be waived and widths of 21 feet and 16 feet permitted for ninety-degree and sixty-degree parking, respectively, where the approving authority finds that the abutting parking spaces can reasonably be reserved for use by small cars.
E. 
Parking spaces reserved for small cars shall be delineated by pavement markings or signs not in excess of one square foot indicating "small cars only" or similar words.
F. 
All off-street parking areas with provision for more than five vehicles and establishments with loading bays or spaces for the temporary parking of commercial vehicles shall be effectively screened on each side which adjoins a residential district or an institutional premises. Such screening shall be a solid wall or a solid fence not less than five feet in height or a compact evergreen hedge of not less than three feet in height at the time of planting. The fence, wall or hedge shall be maintained in good condition, and no advertising shall be placed thereon. The screening shall be so designed that vehicle sight distance shall not be affected at entrances, exits and street intersections. Where an off-street parking area abuts or adjoins another, a five-foot-wide planting strip maintained in good condition may be used in lieu of the required screening.
G. 
All off-street parking areas shall be set back a minimum of four feet from side and rear property lines with the intervening space appropriately landscaped. All off-street parking areas shall be set back a minimum of four feet from front property lines with the intervening space appropriately landscaped. Corner lots shall be considered to have front property lines along each street frontage.
[Amended 10-11-1983 by Ord. No. 83-34]
H. 
All off-street parking lots or groups of lots on the same property accommodating 50 or more cars in total shall provide landscaped areas within the pavement perimeter amounting to at least 5% of the paved area.
I. 
A two-way driveway shall be not less than 18 feet wide, and a one-way driveway shall be not less than 12 feet wide. The maximum driveway gradient shall be 10%.
J. 
Each required parking space shall consist of a suitably graded, drained and unobstructed rectangular area in the plane of which no straight line shall have a grade in excess of 6%.
K. 
Required parking spaces parallel to or disposed at an angle of less than 30° from the axis of the aisles serving them shall be not less than 22 feet in length.
[Amended 7-12-2005 by Ord. No. 05-34]
Site plan submissions shall be accompanied by a fee to cover the cost of review services, the publication of notices and other required expenses as provided in Chapter 202, Land Use Procedures, Article III, § 202-28.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. Written notice of revocation by the Construction Official, requiring compliance with conditions of site plan approval within a period of time not less than five days after receipt by the owner or developer, shall effectively revoke any building permit or certificate of occupancy, as the case may be, if compliance shall not be made within the time limit set.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.