[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.]
[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:
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]
Any change in use that triggers an increase in intensity of
use as defined by the number of parking spaces required; and/or
Erection or replacement or relocation of a fence or retaining
wall, excluding exact replacement of existing walls and fences; and/or
Redesign of the layout or internal traffic flow of an existing
parking area; and/or
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:
Consists of any one of the following:
Construction of any building or addition to a building having
a floor area of over 100 square feet; and/or
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
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
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.
[Added 10-4-2011 by Ord. No. O-11-53]
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.
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.
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]
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.
