[Adopted 12-21-1971 as Ch. XXII of the 1971 Code]
This article shall be known and may be cited
as the "Zoning Ordinance of the Township of Hillside."
The purpose of this article is to establish
a pattern for the use of land in the Township based on the Master
Plan and enacted in order to promote and to protect the public health,
safety, morals, comfort, convenience and the general welfare of the
people. This article is intended to regulate the use of land within
zoning districts, promote orderly development, regulate intensity
of use and the location of buildings, establish standards of development,
prohibit incompatible uses, regulate the alteration of existing buildings,
limit congestion in the streets, protect against hazards and conserve
the taxable value of land.
The provisions of this article shall be held
to be minimum requirements. Where this article imposes a greater restriction
than is imposed or required by other provisions of law or by other
rules or regulations or resolutions, the provisions of this article
shall control.
A.
The inclusion of the definition of any words or terms within this section is not to be construed as being a permitted or allowed use, unless such use is specifically provided for in the schedule of limitations in § 188-22.
B.
Whenever a term is used in this article which is defined in Chapter 291 of the Laws of New Jersey 1975,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of this article.
[Added 5-31-1977 by Ord. No. G-112-77]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
The word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "building" includes the word "structure"; the word
"dwelling" includes the word "residence."
D.
ACCESSORY BUILDING OR USE
AIR RIGHTS
AUTOMOBILE SALES LOT
BASEMENT
BILLBOARD
BUILDING
BUILDING, COMMUNITY
BUILDING COVERAGE
BUILDING, HEIGHT
BUILDING, HEIGHT OF MAIN ENTRANCE
CARPORT
CELLAR
CLINIC
COMMERCIAL VEHICLE
COURT
DISTRICT
DRIVEWAY
DWELLING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
EFFICIENCY UNITS
EXAMINATION ROOM
FAMILY
FLOOR AREA RATIO (F.A.R.)
GARAGE
(1)
(2)
(3)
GARDEN APARTMENT
GROSS FLOOR AREA
HIGH-RISE APARTMENTS
HOME OCCUPATION
HOSPITAL
IMPERVIOUS LOT COVERAGE
JUNKYARD
LIVABLE FLOOR
LOADING SPACE
LOT
(1)
(2)
(3)
(4)
(5)
(6)
LOT FRONTAGE
MOTEL
MULTIFAMILY
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NUISANCE
NURSING HOME
ONE-BEDROOM APARTMENT
OPEN SPACE
PARKING AREA
(1)
(2)
PARKING SPACE
PERMITTED USE
PLACES OF GENERAL ASSEMBLY
POOLS
(1)
(2)
(3)
(4)
PROFESSIONAL OCCUPATIONS
RECREATION SPACE
RESTAURANT
RESTAURANT, DRIVE-IN
REST HOME
RIGHT-OF-WAY
ROW HOUSE
SERVICE STATION
SETBACK LINE
SHOPPING CENTER
SIGN or ADVERTISING STRUCTURE
SITE PLAN REVIEW
STORY
STREET
STREET LINE
STRUCTURE
SWIMMING POOL
TEMPORARY SIGN
TOWN HOUSE
TURNING AREA
TWO-BEDROOM APARTMENT
USABLE RECREATION SPACE
USE
USE, ACCESSORY
USED CAR LOT
VARIANCE
YARD
(1)
(2)
(3)
ZONE
As used in this article, the following terms shall
have the meanings indicated:
A use or structure customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or building. (See § 188-23.)
The control over construction above the ground, right-of-way,
building or other structure by the owner of the property above which
construction is sought.
An open area, other than a street, which is used for the
display, sale or rental of new or used motor vehicles or trailers
in operable condition and where no repair work is done.
A story partly underground but having less than half of its
clear height below finished grade. A "basement" shall be considered
a story for purposes of height measurement in determining the permissible
number of stories.
Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than those on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted thereon or the products primarily sold or manufactured. (See definition of "sign" and § 188-32.)
Any structure having a roof supported by columns, posts or
piers and enclosed by walls and intended for the shelter, business,
housing or enclosing of persons, animals or property and including
tents, lunch wagons and trailers.
A public building for civic, social, educational, cultural
or recreational activities of a neighborhood or community.
The square footage or other area measurement by which a building
or structure occupies the land as measured at the grade line around
the foundation.
The vertical dimension measured from the average elevation
of the finished lot grade to the highest point of roofline, excluding
dish antennas and the like.
[Amended 4-20-2010 by Ord. No. O-10-016]
The vertical distance measured from the proposed garage floor. (See § 188-41A.)
An attached or detached accessory building designed for the
storage of motor vehicles and constructed primarily as an open-sided
building with only a roof and the necessary supporting columns and
of an area between the columns not to exceed 300 square feet.
A story partly underground and having more than one half
(1/2) of its clear height below the finished grade. A "cellar" shall
not be considered a story for purposes of height measurement in determining
the permissible number of stories.
A place where patients are studied or treated by physicians
specializing in various ailments and practicing as a group.
Includes every type of motor-driven vehicle used for commercial
purposes on the highways, such as the transportation of goods, wares
and merchandise.
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by the building.
Any part of the territory of the Township to which certain uniform regulations and requirements of this article apply. (See § 188-21.)
Any area providing parking or access to paved parking spaces.
A building or portion thereof which is designed or used exclusively
as the living quarters for one or more families.
DWELLING, APARTMENTA multifamily building containing seven or more dwelling units. See "garden apartment" and "high rise."
DWELLING, DUPLEXSee "semidetached dwelling," Subsection (6) of this definition.
DWELLING, FOUR-FAMILYA building occupied or intended to be occupied for residence purposes by four families living independently of each other and each with their own sleeping, cooking and sanitary facilities.
DWELLING, MULTIFAMILYA building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other each with their own sleeping, cooking and sanitary facilities.
DWELLING, ROW HOUSESee definition of "row house."
DWELLING, SEMIDETACHEDA two-family dwelling with one dwelling unit attached and located beside the other separated by a party or common wall, whether or not the wall is a fire wall.
DWELLING, SINGLE-FAMILYA detached building occupied or intended to be occupied for residence purposes by one family.
DWELLING, THREE-FAMILYA building occupied or intended to be occupied for residence purposes by three families living independently of each other and each with their own sleeping, cooking and sanitary facilities.
DWELLING, TWO-FAMILYA building containing two dwelling units only and occupied or intended for occupancy for residence purposes by two families living independently of each other and each with its own sleeping, cooking and sanitary facilities.
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities for one family.
A dwelling unit in an apartment consisting of a bath and
cooking facilities separated from the main room by a permanent partition
with folding or sliding doors and one large room without permanent
separations to be used for living, dining and bedroom facilities.
Any room used for testing, inspecting, investigation or treatment
of patients as distinguished from a waiting room, counseling room
or offices and where special medical or dental equipment may be installed
to assist in the examination or treatment.
One or more persons customarily living together as a single,
nonprofit housekeeping unit and who are engaged in a stable and continuing
housekeeping relationship.
[Amended 10-2-1979 by Ord. No. G-165-79; 4-16-1991 by Ord. No. G-306-91]
The gross floor area, in square feet, of a building or group
of buildings on a lot divided by the area, in square feet, of the
lot.
[Added 4-20-2010 by Ord. No. O-10-017]
|
Total gross floor area
| |||
|
F.A.R. =
|
| ||
|
Total lot area
|
COMMERCIALA building used for parking trucks and other motor vehicles used for delivery or other commercial purposes.
PRIVATEAn accessory building or portion of a main building for parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory and constructed of substantially the same materials as the main building. Garage floors in all residential zones shall be no less than 12 inches above the established center line elevation of the roadway. Garage doors shall not exceed a height of eight feet.
PUBLICA building or part thereof other than a private garage used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicle accessories or where such vehicles are kept for hire.
A multifamily dwelling with seven or more dwelling units
and not exceeding 35 feet in height or not more than three livable
floors above ground level.
Gross floor area shall be measured by using the outside dimensions
of the building, excluding the area of an attached garage and excluding
the area used as a basement. Only those floor areas which have a ceiling
height of seven feet or more shall be eligible for inclusion in the
"gross floor area."
All multifamily dwellings in excess of 35 feet in height.
A professional occupation of a service character located
in a residence. The occupation shall be conducted solely by a resident
occupant of the residential building, except that no more than one
person, not a resident of the building, may be employed and provided
also that no more than 350 square feet or the equivalent of 40% of
the first floor area of the building, whichever is smaller, shall
be used for such purposes and that no display of products shall be
visible from the street; that the residential character of the building
is not changed; that no sign shall be displayed exceeding a maximum
of two square feet; that the occupation is conducted entirely within
the dwelling; that no occupational sounds are audible outside the
building; that no article is offered for sale on the premises; and
that no machinery or equipment is used which will cause electrical
or other interference with radio or television reception in adjacent
residences as set forth in the definition of "professional occupations."
An institution where ill or injured persons may receive medical,
surgical or psychiatric treatment, nursing, food and lodging during
illness.
That portion of one lot or more than one lot which is improved
or is proposed to be improved with principal and accessory buildings
and structures, including driveways, parking lots, pedestrian walkways,
signs and other man-made improvements on the ground surface which
are more impervious than the natural surface.
[Added 4-20-2010 by Ord.
No. O-10-015]
The use of any area of a lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles not in operating condition or other vehicles or machinery or parts thereof. (See § 188-36.)
The floor area of rooms other than those used for closets,
bath, common hallways or utility purposes.
An off-street space or berth to the side or the rear of a
building or group of buildings for temporary parking of commercial
vehicles while loading or unloading materials.
A piece or parcel of land abutting on a street whose area
is sufficient to provide the yard space for the district in which
it is located as required in this article and conforms to the minimum
area requirements of this article. Only one building and its accessory
buildings shall be erected on one "lot."
LOT AREAThe acreage or square footage of a lot contained within the lot lines of the property.
LOT, CORNERA lot on the junction of and abutting on two or more intersecting streets where the interior angle of the intersection does not exceed 135°. On a "corner lot" the owner shall have the privilege of selecting any abutting street line as the front lot line, provided that the designation is clearly shown on the building plans filed with and approved by the Construction Official. However, each "corner lot" shall meet the minimum requirements for lot width and depth at either of the street lines as set forth for the specific district included in the schedule of limitations of this article.[2] (See also § 188-41D.)
LOT DEPTHThe horizontal distance between the front and rear lot lines measured from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT INTERIORA lot other than a corner lot.
LOT LINEThe boundaries of a lot as determined on the Tax Map or in the records of the County of Union.
LOT WIDTHThe horizontal distance between side lot lines measured shall be the minimum width required at the building setback line.
The horizontal distance of lot lines or portions thereof
which are coexistent with a street line. In the case of a street of
undefined width, said lot lines shall be assumed to parallel the center
line of the street at a distance of 50% of the statutory street right-of-way
width therefrom. In the case of corner lots or through lots, the smaller
of the two lot lines shall be coexistent with street lines and shall
be considered as the "lot frontage."
[Added 4-20-2010 by Ord.
No. O-10-014]
A building or group of buildings which provides for transient
guest rooms.
See definition of "dwelling."
A building existing on October 6, 1970, which in its design or location upon a lot does not conform to the regulations of this article for the zone in which it is located. (See § 188-30.)
A lot of record, existing on October 6, 1970, which does not have the minimum area for the zone in which it is located. (See § 188-30.)
A use which occupied a building or land on October 6, 1970, and which does not conform with the use regulations of the district in which it is located according to this article. (See § 188-30.)
An offensive, annoying, unpleasant or obnoxious thing or
practice; a cause or source of annoyance, especially in a continuing
or repeating invasion or disturbance on another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affects a human being or the generation of an excessive or concentrated
movement of people or things, such as but not limited to noise, dust,
smoke, odor, glare, vibration, heat, electronic or atomic radiation,
objectionable effluent and traffic.
A private hospital, especially one for convalescents.
A dwelling unit in an apartment containing not more than
one room devoted to sleeping purposes.
Land used for park or recreation space as well as any part
of a lot which is unbuilt upon and intended to meet the side, rear
or front yard requirements of this article; also, vacant open area
of potential developable use.
PRIVATEA paved parking space, other than a street, for the same uses as a private garage.
PUBLICA paved parking space, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
A paved area of not less than 180 square feet (nine feet
wide by 20 feet long) either within a structure or garage or in the
open for the parking of motor vehicles, exclusive of driveways or
access drives, adjacent and giving access thereto.
Any use of the land as permitted according to this article.
A building which permits public access where people gather
for purposes such as entertainment, sporting events or worship such
as an auditorium, movie theater or a house of worship. Houses of worship
shall include a temple, church, mosque or other place of religious
worship, together with its accessory buildings and uses, where persons
regularly assemble for religious worship and which building, together
with its accessory buildings and uses, is maintained and controlled
by an organized religious body.
[Added 3-25-2003]
[Amended 12-16-1975 by Ord. No. G-85-75]:
PRIVATE IN-GROUND RESIDENTIAL SWIMMING POOLSIn-ground constructed swimming pools or tanks, plastic or otherwise, permanently established or maintained upon any premises by any individual for his own or his family's use or guests of his household.
PUBLIC or PRIVATE CLUB SWIMMING POOLSEither outdoor or indoor pools which are constructed to provide recreational facilities for swimming, bathing or wading. It shall not include municipal swimming pools operated by the Township or any agency, commission or department thereof, private swimming pools as herein defined or bathing facilities installed as an integral part of a dwelling.
PRIVATE RESIDENTIAL ABOVEGROUND SWIMMING POOLSThose swimming pools which are constructed and maintained above ground. "Aboveground swimming pools" shall not be subject to the requirements of § 188-39 but shall be subject to the requirements of Chapter 269, Swimming Pools.
WADING POOLSConstructed pools not designed or used for swimming with a maximum area of 120 square feet and a maximum water depth of 18 inches.
The offices of a dentist, doctor, physician, attorney, accountant,
minister, engineer, lawyer, architect, planner, insurance or real
estate agent. Where the offices are part of a structure where there
are residences, the restrictions outlined for home occupations shall
apply.
See "usable recreation space."
Any establishment at which food is sold for consumption on
the premises. However, a snack bar or refreshment stand at a public
or community swimming pool, playground, play field or park operated
solely by the agency or group operating the recreational facility
and for the sole convenience of patrons of the facility shall not
be deemed to be a "restaurant."
A restaurant at which any food or refreshments are customarily
served to or consumed by any patrons while seated in automobiles,
regardless of whether or not, in addition, seats or other accommodations
are provided for patrons.
A place where ill, injured, elderly or recuperating patients
may convalesce.
The land and space established by local authorities on the
surface, subsurface and overhead for the construction and installation
of materials necessary to provide passageway for vehicular traffic,
pedestrians, utility lines, poles, conduits and mains, signs, hydrants,
trees and shrubbery and the proper amount of light and air.
A line of three or more connected dwellings whether or not
each dwelling unit is separated by a fire wall or whether it is a
line of connected duplex or semidetached dwelling units.
A place providing maintenance, service, parts and supplies for motor vehicles but not including body repair work or the storage of inoperable vehicles. (See § 188-36.)
A line drawn parallel to a street line measured at right angles to the street line and drawn through the point of a building nearest to the street line. The term "required setback" means a line that is established a minimum distance away from the street line and beyond which a building or part of a building is not permitted to extend toward the street line or under the provisions of this article, except as provided in § 188-23G, in order to provide the required yards.
One or more buildings or parts thereof designed as a unit
to be occupied by more than one business enterprise for the conduct
of business and conducted as an integrated and cohesively planned
area.
Every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product when placed in view of the general public. (See § 188-32.)
[Amended 3-17-2015 by Ord. No. O-15-01]
The examination of the site plan and description of the proposed
activities on the site of the proposed project, including the size,
height, location and arrangement of all proposed buildings and structures,
the proposed circulation pattern including access streets, aisles,
lanes, driveways, parking spaces, loading areas, loading berths and
docks, pedestrian walks and all related facilities for the movement
and storage of goods, vehicles and persons on the site and for ingress
and egress to and from the site; the landscaping plans including seeded
or sodded areas, fencing, signs, recreation areas, shrubbery, trees
and buffer areas which shall be provided for the purpose of isolating
the activities conducted on the site from adjoining residentially
zoned areas, if any, site drainage, sewage disposal facilities, water
facilities, outdoor lighting facilities and proposed signs; a written
description of the proposed operations in sufficient detail to indicate
the effects of those operations in producing traffic congestion, noise,
glare, air pollution, water pollution or safety hazards; all buildings,
lot lines, street rights-of-way and topographic features within the
lot and within 200 feet of any boundary of the lot; and proposed elevations
of the front, side and rear of the building in order to show the architectural
design.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, the space between the floor and the ceiling
next above it. The first "story" of any building shall be where more
than 50% of the story is above the finished grade along the front
of the building.
A right-of-way which is open to public travel and which has
been accepted for use and maintenance by the state, county or Township
and a right-of-way which has been mapped and dedicated for street
purposes. A "street" as used herein includes in its width the roadway,
curbs and sidewalks.
The dividing line between the street and a lot where title
to land extends to the center of a street. The sideline of the street
shall be deemed to be the "street line."
Anything constructed or erected which requires permanent
location, including buildings, fences, tanks, towers, advertising
devices or similar structures.
See definition of "pools."
A sign or advertising structure, whether fixed or mobile,
constructed of cloth, paper, cardboard, canvas, fabric, plywood, plastic,
metal, or other light material, or inflatable material, and designed,
displayed, or intended to be displayed, for a short period of time.
Temporary signs include but are not limited to banners, flags, posters,
balloons and placards.
[Added 3-17-2015 by Ord.
No. O-15-01]
A form of row house.
The area necessary in a parking lot for maneuvering vehicles
into and out of parking stalls and in other areas for allowing vehicles
to turn around.
A dwelling unit in an apartment containing not more than
two rooms devoted to sleeping purposes.
Open space designed and developed to be utilized for the
purpose of recreation, whether it be parkland, ball fields, playgrounds,
swimming pools or game courts.
The specific purpose for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained.
A use which is customarily associated with and subordinate
to the principal use of a lot or a building and which is located on
the same lot.
Any place out of doors where two or more motor vehicles in
operating condition are displayed or offered for sale.
A departure from the terms of this article authorized or
recommended by the Board of Adjustment in accordance with state statute.
FRONTAn open space extending across the full width of the lot between the main building and the rear lot line. The depth of the "front yard" shall be measured at right angles from the street line to the building.
REARAn open space extending the full width of the lot between the main building and the rear lot line. The depth of the "rear yard" shall be measured from the nearest part of the main building toward the nearest point of the rear line.
SIDEAn open space extending from the front yard to the rear yard between the main building and the side lot line. The width of the required "side yard" shall be measured from the nearest point on the side lot line toward the nearest part of the main building.
See definition of "district."
A.
Zoning districts. For the purpose of this article,
the Township is divided into 12 use districts as follows:
[Amended 2-23-2010 by Ord. No. O-09-032; 2-23-2010 by Ord. No. O-09-033; 2-23-2010 by Ord. No. O-09-038]
|
Symbol
|
Name
| |
|---|---|---|
|
R-40
|
Residential, Single-Family, 40 Feet
| |
|
R-40-T
|
Residential, Two-Family, 40 Feet
| |
|
R-50
|
Residential, Single-Family, 50 Feet
| |
|
R-65
|
Residential, Single-Family, 65 Feet
| |
|
R-75
|
Residential, Single-Family, 75 Feet
| |
|
RC
|
Retail Commercial
| |
|
OC
|
Office Commercial
| |
|
HC
|
Highway Commercial
| |
|
LI
|
Light Industrial
| |
|
HI
|
Heavy Industrial
| |
|
PL
|
Public Lands
| |
|
C
|
Cemetery
|
B.
Zoning Map. The boundaries of the districts are established
as shown on the map entitled "Zoning Map of the Township of Hillside,"
adopted May 1, 1979, which accompanies and is made a part of this
article.[1]
[Amended 5-1-1979 by Ord. No. G-152-79; 5-15-1979 by Ord. No. G-155-79]
[1]
Editor's Note: The current Zoning Map and
a Table of Zoning Map Amendments are included at the end of this chapter.
C.
Interpretation of boundaries. District boundary lines
are intended to follow street center lines and a lot or property lines
as they existed on May 1, 1979, unless otherwise indicated by dimensions
on the Zoning Map. The exact location of any disputed district boundary
line shall be determined by the Board of Adjustment.
[Amended 5-15-1979 by Ord. No. G-155-79]
D.
Vacation of streets or other public ways. Where a
vacated right-of-way is bounded on either side by more than one district,
the former center line of the right-of-way shall become the new district
line.
The restrictions and controls intended to regulate
development in each zoning district are set forth in this section
and schedule.
A.
Permitted uses.
(2)
R-40-T District. Permitted uses in this district shall
be as follows:
(7)
RC District. Permitted uses in this district shall
be as follows:
(a)
A retail store where goods are sold or personal
services rendered which are clearly incidental to the retail sales
and primarily for the need of those living in the neighborhood, provided
that there is no fabrication, manufacturing, converting, altering,
finishing or assembly, except incidental to such retail sale on the
premises and provided that these uses shall be confined to the first
floor and basement of the premises and no supplies, materials or goods
are stored, displayed or offered for sale outdoors.
(b)
Telephone exchanges and public utility installations.
(c)
Professional, business and government buildings.
(8)
OC District. Permitted uses in this district shall
be offices for business and professional uses.
(9)
HC District. Permitted uses in this district shall
be as follows:
[Amended 9-3-1991 by Ord. No. G-310-91]
(a)
Designed shopping centers, which shall be required to have site plan approval by the Planning Board. See § 188-20, the definition of "site plan review."
(b)
Warehousing, shipping offices, distribution
centers and storage yards, except lumber yards, coal yards and fuel
storage yards.
(c)
Fabrication, assembly and packaging of finished
products, provided that there is no chemical processing necessary
and no smoke, noise or odors are produced during the process of fabrication,
assembly or packaging.
(d)
Laboratories and research centers.
(e)
Business offices.
(f)
Laundries, cleaning, dyeing and carpet- and
rug-cleaning establishments.
(g)
The manufacturing, compounding, packing, processing
or treatment of beverages, candy, cosmetics, dairy products, ice and
toilet supplies.
(h)
Metal working, machining and welding shops,
excluding drop hammers and similar machinery of a nuisance-producing
character.
(i)
The finishing or assembling of articles made
from the following previously prepared or refined materials: bone,
cellulose, cork, feathers, fiberglass, gums, hair, horn, leather,
paper, plastics or textiles.
(j)
Telephone exchanges and public utility installations.
(10)
LI District. Permitted uses in this district
shall be as follows:
[Amended 9-3-1991 by Ord. No. G-310-91]
(a)
Warehousing, shipping offices, distribution
centers and storage yards, except lumber yards, coal yards and fuel
storage yards.
(b)
Fabrication, assembly and packaging of finished
products, provided that there is no chemical processing necessary
and no smoke, noise or odors are produced during the process of fabrication,
assembly or packaging.
(c)
Laboratories and research centers.
(d)
Business offices.
(e)
Laundries, cleaning, dyeing and carpet- and
rug-cleaning establishments.
(f)
The manufacturing, compounding, packing, processing
or treatment of beverages, candy, cosmetics, dairy products, ice and
toilet supplies.
(g)
Metal working, machining and welding shops,
excluding drop hammers and similar machinery of a nuisance producing
character.
(h)
The finishing or assembling of articles made
from the following previously prepared or refined materials: bone,
cellulose, cork, feathers, fiberglass, gums, hair, horn, leather,
paper, plastics or textiles.
(i)
Telephone exchanges and public utility installations.
(11)
HI District. Permitted uses in this district
shall be as follows:
[Amended 9-3-1991 by Ord. No. G-310-91]
(a)
The preparation and fabrication of metal and
metal products and chemicals and chemical products.
(b)
Same as the Light Industrial District.
[Amended 6-27-2001]
(c)
Public utility installation.
(d)
Manufacturing, processing, compounding, treatment,
assembly and packaging of materials or uses where the composition
of materials is chemically altered.
(e)
None of the above uses shall be interpreted
to permit the following uses which are specifically prohibited:
[1]
The slaughtering or processing of animals, fowl,
fish or component parts thereof.
[2]
The manufacture of heavy chemicals such as but
not limited to acids or other corrosives, ammonia, caustic soda and
sulfuric acid; the manufacture of basic or semifinished chemicals
such as cellulose products, resins, dye stuffs, glue, vegetable, animal
or mineral fats or oils, explosives, combustible gases, soaps and
detergents, fertilizers, asphalt and tar products; the manufacture
or production of metals and alloys in ingot form; the manufacture
or production of cement, plaster, cork and their constituents, matches,
paints, rubber and rubber products.
[3]
Sand, clay or gravel mining or other extractive
processes and the commercial stripping of topsoil.
[4]
The processing, sale, storage or reclamation
of junk of all kinds including automobile wrecking out of doors.
(12)
(13)
C District.
[Added 2-23-2010 by Ord.
No. O-09-038]
(b)
Height, area and bulk requirements in this district shall be as follows:
[1]
A cemetery shall have a minimum contiguous area of 60 acres.
[2]
A cemetery shall comply with all requirements of federal, state,
county and local law. Particularly, a cemetery shall comply with Tide
8A of the Statutes of the State of New Jersey as well as all rules
and regulations issued by the New Jersey Cemetery Board.
[3]
Crematories are expressly prohibited in a cemetery.
[4]
The perimeter of all cemeteries shall be attractively landscaped
with a combination of evergreen and deciduous plantings and decorative
fencing.
(14)
Any person found guilty of violating any provision of this subsection § 188-22A shall for a first offense be subject to a fine of $250, with court costs, and mandatory court appearance; shall for a second offense be subject to a fine of not less than $500 nor more than $1,000, with court costs and mandatory court appearance; and shall for a third or subsequent offense be subject to a fine of not less than $1,000 nor more than $2,000, with court costs and mandatory court appearance; or be subject to imprisonment for a term not exceeding 90 days, or both. Each violation, and each day a violation is committed or permitted to continue, shall constitute a separate violation and shall be punishable as such.
[Added 8-20-2013 by Ord. No. O-13-012]
B.
Permitted accessory uses.
(12)
Any person found guilty of violating any provision of this subsection § 188-22B, shall for a first offense be subject to a fine of $250, with court costs, and mandatory court appearance; shall for a second offense be subject to a fine of not less than $500 nor more than $1,000, with court costs and mandatory court appearance; and shall for a third or subsequent offense be subject to a fine of not less than $1,000 nor more than $2,000, with court costs and mandatory court appearance; or be subject to imprisonment for a term not exceeding 90 days, or both. Each violation, and each day a violation is committed or permitted to continue, shall constitute a separate violation and shall be punishable as such.
[Added 8-20-2013 by Ord. No. O-13-012]
C.
Height.
Height requirements are as specified for the zone(s) in the Schedule
of Area, Yard and Bulk Requirements attached hereto[3] and as set forth in § 188-22D of this chapter.
[Amended 2-23-2010 by Ord. No. O-09-032; 4-20-2010 by Ord. No. O-10-002; 4-20-2010 by Ord. No. O-10-004; 4-20-2010 by Ord. No. O-10-005; 4-20-2010 by Ord. No.
O-10-006; 4-20-2010 by Ord. No. O-10-007; 4-20-2010 by Ord. No. O-10-009; 4-20-2010 by Ord. No. O-10-010; 4-20-2010 by Ord. No. O-10-011; 4-20-2010 by Ord. No.
O-10-012; 4-20-2010 by Ord. No. O-10-013]
[3]
Editor's Note: The Schedule of Area, Yard and Bulk Requirements
is included at the end of this chapter.
D.
Area, yard and building requirements. Area, yard and
building requirements are as specified for the zones in the Schedule
of Area, Yard and Bulk Requirements attached hereto[4] and as set forth in this Subsection D of this chapter.
[Amended 12-5-1972 by Ord. No. G-9-72; 2-23-2010 by Ord. No. O-09-032; 4-20-2010 by Ord. No. O-10-002; 4-20-2010 by Ord. No. O-10-004; 4-20-2010 by Ord. No.
O-10-005; 4-20-2010 by Ord. No. O-10-006; 4-20-2010 by Ord. No. O-10-007; 4-20-2010 by Ord. No. O-10-009; 4-20-2010 by Ord. No. O-10-010; 4-20-2010 by Ord. No.
O-10-011; 4-20-2010 by Ord. No. O-10-012; 4-20-2010 by Ord. No. O-10-013]
(1)
Any person found guilty of violating any provision of this subsection § 188-22D, shall for a first offense be subject to a fine of $250, with court costs, and mandatory court appearance; shall for a second offense be subject to a fine of not less than $500 nor more than $1,000, with court costs and mandatory court appearance; and shall for a third or subsequent offense be subject to a fine of not less than $1,000 nor more than $2,000, with court costs and mandatory court appearance; or be subject to imprisonment for a term not exceeding 90 days, or both. Each violation, and each day a violation is committed or permitted to continue, shall constitute a separate violation and shall be punishable as such.
[Added 8-20-2013 by Ord. No. O-13-012]
[4]
Editor's Note: The Schedule of Area, Yard and Bulk Requirements
is included at the end of this chapter.
E.
Off-street parking.
(1)
R-40 District.
(b)
A minimum of one enclosed garage shall be provided.
No more than a two-car enclosed garage shall be permitted.
(c)
Public schools shall provide one space per employee
for grades kindergarten through 10th grade and 2 1/2 spaces per
employee for grades 11 and 12.
(d)
Parking or storing of commercial vehicles is
prohibited except for delivery purposes unless the same are parked
or stored in a garage.
(2)
R-40-T District.
(b)
A minimum of one enclosed garage parking space
shall be provided for each family unit. No more than a three-car enclosed
garage shall be permitted.
(c)
Public schools shall provide one space per employee
for grades kindergarten through 10th grade and 2 1/2 spaces per
employee for grades 11 and 12.
(d)
Parking or storing of commercial vehicles is
prohibited except for delivery purposes unless the same are parked
or stored in a garage.
(3)
R-50 District.
(b)
A minimum of one enclosed garage shall be provided.
No more than a three-car enclosed garage shall be permitted.
(c)
Public schools shall provide one space per employee
for grades kindergarten through 10th grade and 2 1/2 spaces per
employee for grades 11 and 12.
(d)
Parking or storing of commercial vehicles is
prohibited except for delivery purposes unless the same are parked
or stored in a garage.
(5)
R-65 District.
(b)
A minimum of one enclosed garage shall be provided.
No more than a three-car enclosed garage shall be permitted.
(c)
Public schools shall provide one space per employee
for grades kindergarten through 10th grade and 2 1/2 spaces per
employee for grades 11 and 12.
(d)
Parking or storing of commercial vehicles is
prohibited except for delivery purposes unless the same are parked
or stored in a garage.
(6)
R-75 District.
(b)
A minimum of two enclosed garages shall be provided.
No more than a three-car enclosed garage shall be permitted.
(c)
Public schools shall provide one space per employee
for grades kindergarten through 10th grade and 2 1/2 spaces for
grades 11 and 12.
(d)
Parking or storing of commercial vehicles is
prohibited except for delivery purposes unless the same are parked
or stored in a garage.
(7)
RC District.
(b)
All offices and professional buildings shall
provide one space for every 400 square feet of gross floor area.
(c)
Retail stores shall provide one space for the
first 1,500 square feet of floor area and one space for each 300 feet
or major fraction thereof.
(d)
In addition to the parking requirements noted
above, one off-street loading or unloading space shall be provided
for each store. Each space shall be a minimum area of 10 feet by 40
feet.
(e)
No vehicle or trailer which is not in good working
order and is not registered with the New Jersey State Division of
Motor Vehicles shall be stored or parked on any premises, and no vehicle
or trailer shall be used as a warehouse to store goods, merchandise
or personal property. No vehicle or trailer shall be stored or parked
unless used in conjunction with the use permitted on the property
on which the vehicle or trailer is stored or parked.
(8)
OC District.
(a)
Offices of business and professional, executive
or administrative purposes shall provide one space for each 300 square
feet of gross floor area or any fraction thereof, exclusive of any
access drives or aisles within the parking area.
(b)
Where the buffer zone adjoins or abuts residential
property, there shall be a ten-foot buffer zone landscaped as approved
by the Planning Board under its site plan review.
(c)
No vehicle or trailer which is not in good working
order and is not registered with the New Jersey State Division of
Motor Vehicles shall be stored or parked on any premises, and no vehicle
or trailer shall be used as a warehouse to store goods, merchandise
or personal property. No vehicle or trailer shall be stored or parked
unless used in conjunction with the use permitted on the property
on which the vehicle or trailer is stored were parked.
[Amended 8-20-2013 by Ord. No. O-13-012]
(9)
HC District.
(b)
For uses permitted in the Light Industrial District,
the parking and loading requirements of the Light Industrial District
shall be applicable.
(c)
Wholesale uses shall provide one parking space
for every 3,000 square feet of floor area used for warehousing, shipping
or receiving, plus one parking space for every 700 square feet of
floor area used for other purposes. Each use shall have separate loading
and unloading docks for the warehouse.
(d)
Each use shall provide sufficient off-street
loading, unloading and parking area for trucks and trailers both being
loaded and waiting to be loaded or unloaded so that the vehicles do
not interfere while maneuvering or are parked in automobile parking
areas, driveways or street rights-of-way.
(e)
In addition to the parking requirements noted
above, one off-street loading or unloading space shall be provided
for each truck or trailer. Each space shall be a minimum area of 15
feet by 50 feet.
(f)
In any event, the intent of the above provisions
is to provide sufficient off-street parking and loading spaces for
the maximum demand without utilizing curbside or other parking facilities.
(g)
No vehicle or trailer which is not in good working
order and is not registered with the New Jersey State Division of
Motor Vehicles shall be stored or parked on any premises, and no vehicle
or trailer shall be used as a warehouse to store goods, merchandise
or personal property. No vehicle or trailer shall be stored or parked
unless used in conjunction with the use permitted on the property
on which the vehicle or trailer is stored or parked.
(10)
LI District.
(b)
Off-street parking space shall be provided which
shall be located within 1,000 feet of the buildings the spaces are
intended to serve.
(c)
Off-street parking shall be provided on the
basis of one space for every 3,000 square feet or fraction thereof
of floor area used for other purposes.
(d)
Each use shall provide sufficient off-street
loading, unloading and parking facilities so that no parking area,
driveway or street right-of-way is used at any time for maneuvering
tractor-trailers or other trucks while being loaded, unloaded or waiting
to be loaded or unloaded. Each space shall be a minimum area of 15
feet by 50 feet.
(e)
In any event, the intent of the above provisions
is to provide sufficient off-street parking and loading spaces for
the maximum demand without utilizing curbside or other parking facilities.
(f)
No vehicle or trailer which is not in good working
order and is not registered with the New Jersey State Division of
Motor Vehicles shall be stored or parked on any premises, and no vehicle
or trailer shall be used as a warehouse to store goods, merchandise
or personal property. No vehicle or trailer shall be stored or parked
unless used in conjunction with the use permitted on the property
on which the vehicle or trailer is stored or parked.
(11)
HI District.
(b)
Off-street parking spaces shall be provided
which shall be located within 1,000 feet of the buildings they are
intended to serve.
(c)
Off-street parking spaces shall be provided
on the basis of one space for every 3,000 square feet or fraction
thereof of floor area used for other purposes.
(d)
Each use shall provide sufficient off-street
loading, unloading and parking facilities so that no parking area,
driveway or street right-of-way is used at any time for maneuvering
tractor-trailers or other trucks while being loaded, unloaded or waiting
to be loaded or unloaded. Each space shall be a minimum area of 15
feet by 50 feet.
(e)
In any event, the intent of the above provisions
is to provide sufficient off-street parking and loading spaces for
the maximum demand without utilizing curbside or other parking facilities.
(f)
No vehicle or trailer which is not in good working
order and is not registered with the New Jersey State Division of
Motor Vehicles shall be stored or parked on any premises, and no vehicle
or trailer shall be used as a warehouse to store goods, merchandise
or personal property. No vehicle or trailer shall be stored or parked
unless used in conjunction with the use permitted on the property
on which the vehicle or trailer is stored or parked.
(12)
Any person found guilty of violating any provision of this subsection § 188-22E, shall for a first offense be subject to a fine of $2500, with court costs, and mandatory court appearance; shall for a second offense be subject to a fine of not less than $500 nor more than $1,000, with court costs and mandatory court appearance; and shall for a third or subsequent offense be subject to a fine of not less than $1,000 nor more than $2,000, with court costs and mandatory court appearance; or be subject to imprisonment for a term not exceeding 90 days, or both. Each violation, and each day a violation is committed or permitted to continue, shall constitute a separate violation and shall be punishable as such.
[Added 8-20-2013 by Ord. No. O-13-012]
F.
Signs. Uses in all districts shall conform to those set forth herein below, except that for temporary signs, as defined in this chapter, the provisions of § 188-32.1 shall apply to all districts.
[Amended 3-17-2015 by Ord. No. O-15-01]
(7)
RC District.
(b)
Signs may be lighted or unlighted.
(c)
Signs shall not obstruct driving vision, traffic
sign or signals along any street right-of-way and shall be approved
by the Police Department.
(d)
All uses may have signs advertising the name
of the business or product operated or sold in the building on which
the sign is attached equivalent in area to 10% of the store area of
the front of the first two floors of the store, but in no case shall
a sign exceed 100 square feet.
(e)
New and used auto dealers may have two lighted
or unlighted exterior signs, provided that they do not exceed 40 square
feet each. The signs may be freestanding or attached to the building.
Freestanding signs shall be set back from the property line at least
10 feet. No sign shall be higher than 15 feet at its highest point.
(f)
Where more than one use is in a store, the sign
area for all the uses shall be contained within the area requirement.
(g)
Where both front and rear entrances are provided
to stores or where a store is on a corner lot with both front and
side exposures, one sign equal to 7% of the area of the front of the
first two floors of the building may be attached to both the front
and rear or front and side of the building.
(h)
Picture windows and display shelves inside a
store front shall not be considered sign area. Signs advertising sales
or special products shall be considered sign area and may be permitted,
provided that the total area occupied at any one time does not exceed
an additional 5% of the area of the front of the first two floors
of the building.
(i)
All signs shall be attached to the building.
Signs may be attached perpendicular to the front of the building but
shall not protrude further than four feet from the front wall and
shall be a minimum of 10 feet above the sidewalk at its lowest point
and be no higher than the roofline of the building or 25 feet, whichever
is the lowest height.
(8)
OC District. Same as the RC District.
(9)
HC District. Same as the RC District.
(10)
LI District.
(b)
Each use may have one lighted or unlighted sign,
freestanding or attached to the building, but not to exceed 120 square
feet in area. Any freestanding sign shall be set back a minimum of
20 feet from the property line and be no higher than 20 feet. No sign
attached to the building shall be higher than 10 feet above roof.
(11)
HI District.
(b)
Each use may have one lighted or unlighted sign,
freestanding or attached to the building, but not to exceed 200 square
feet in area or the equivalent of 20% of the front of the first two
floors of the building, whichever is less. Any freestanding sign shall
be set back a minimum of 20 feet from the property line and be no
higher than 25 feet unless attached to the building, in which case
the top of the sign may be no higher than 10 feet above the roofline
of the building.
G.
General district regulations.
(1)
No building shall hereafter be erected, altered, converted
or enlarged, wholly or in part, except in conformity with the schedule
of limitations and this article. The regulations listed for each zone
as designated are hereby prescribed for such zones, subject to the
other provisions in this article, and shall be deemed to be the minimum
requirements in every instance of their application.
(2)
Where a lot is formed from part of a lot already occupied
by a building, such separation shall be effected in such a manner
as not to impair any of the requirements of this article with respect
to the existing building and all yards and other open space in connection
therewith, and no permit shall be issued for the erection of a new
building on the new lot thus created unless it complies with all the
provisions of this article.
A.
Accessory buildings as part of principal buildings.
Accessory buildings may be attached to a principal building, provided
that all yard requirements of this article for the principal building,
including the attached accessory building, are complied with.
B.
Accessory buildings built prior to principal buildings.
Notwithstanding any other provisions of this article, no building
permit shall be issued for the construction of an accessory building
prior to the issuance of a building permit for the construction of
the main building upon the same premises. If construction of the main
building does not precede or take place at the same time with the
construction of the accessory building, the Construction Official
shall have cause to revoke the building permit for the accessory building.
C.
Distance from adjacent buildings and property lines.
The minimum distance of any portion of the accessory building from
an adjacent building or property line shall be: R-40 and R-40-T, two
feet; R-50, R-50-T, R-65 and R-75, three feet.
D.
Height and area of accessory buildings. Accessory
buildings shall not exceed one story or 15 feet in height and may
not occupy more than 25% of a required rear yard or a maximum of 700
square feet, whichever is smaller.
E.
Location. An accessory building or private parking
area shall be erected only on the rear half of the lot and, if erected
on a corner lot, shall be set back from the side street to comply
with the setback line applying to the principal building for that
street.
F.
Second dwelling prohibited. In no case shall there
be more than one residential building on any subdivision lot of record.
G.
Structures permitted within required open spaces.
Balconies, eaves, breezeways, fireplaces, chimneys and patios attached
to residences shall not be considered as part of a principal structure
and may project into required open spaces, provided that such structures
do not exceed 180 square feet, are not enclosed and do not extend
any closer than three feet to any lot line.
Within any residential district, no building
with a permitted professional office or home occupation shall be constructed
or altered so as to be inharmonious with the residential character
of the adjacent residential areas, such as unfinished concrete block,
cinder wall surfaces or storefront-type construction.
All principal buildings in all districts shall
be clearly identified as to street number by means of a small unobstructed
sign clearly visible and legible from the main abutting street.
[Amended 5-15-1979 by Ord. No. G-155-79]
Nothing in this article shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit has been granted
before May 1, 1979, provided that construction from such plans shall
have been started within 60 days after May 1, 1979, and shall be diligently
pursued to completion.
[Amended 5-15-1979 by Ord. No. G-155-79; 10-21-2003]
Except as specified in § 188-30, any use, building or structure shall conform to the provisions of this article for the district in which it is located.
A.
In any district on any corner lot no fence, wall, sign, structure, continuous planting or other obstruction to vision shall be erected or maintained above three feet in height as measured from the top of the curb within 25 feet of any street intersection except as provided in § 188-41D.
B.
On any interior lot in any residential district, no wall or fence shall be erected or altered so that the wall or fence shall be over six feet in height, except as required for yards with swimming pools in § 188-39.
C.
No fence around residential property shall be erected
of barbed wire, topped with metal spikes constructed of any material
or in any manner which may be dangerous to persons or animals.
Nothing herein provided shall be so construed
as to prohibit the owners of lands within any area threatened by floodwaters
or wetlands from lawfully filling, draining, constructing levees and
bulkheads or otherwise improving their land with clean fill so as
to eliminate or reduce the danger of flood or the erosion of soil
so long as it is done in compliance with any federal, state, county
or local regulations governing drainage rights-of-way. Topographical
plans for such work shall be approved by the Township Engineer.
[Added 3-5-2002; amended 11-12-2003; 3-28-2006; 6-24-2008 by Ord. No. O-08-018]
A.
LANDLORD
OWNER
TENANT
Definitions. As used in §§ 188-29.1 through 188-29.3, the following terms shall have the meanings indicated:
The owner, as defined hereinbelow, or person or persons who
own or purport to own, or exercise control of, any building or project
in which there is rented or offered for rent housing space for living
or dwelling purposes under either a written or oral lease, provided
that this definition shall not include owner-occupied two-unit premises.
This definition shall include but not be limited to any dwelling subject
to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust who owns, operates, exercises
control over or is in charge of a rental facility.
The lawful occupant of a dwelling unit or property recognized
by the owner and not the result of trespass or unauthorized sublease
or assignment. (N.J.A.C. 5:11-1.2.)
B.
Any landlord found to be in violation of the Zoning
Ordinance or the Code of the Township of Hillside, wherein it has
been determined that there exists an illegally subdivided premises
and the premises is found to violate any portion of the ordinance
or Code, shall, for the first offense, pay a fine up to an amount
equal to six times the monthly rental payment of the tenant.
C.
In the event the occupant of an illegal apartment
is required to relocate from the premises which is the subject of
a notice of illegal apartment and/or eviction pursuant to N.J.S.A.
2A:18-61.1 et seq. and/or the Zoning Ordinance and the Code of the
Township, said person is so considered a displaced person and is entitled
to relocation assistance in an amount equal to six times the monthly
rental payment of the tenant. This payment shall be made by the landlord
directly to the tenant prior to or upon the effective date of the
notice to vacate the premises.
D.
In the event a landlord shall fail to make the required relocation assistance payment to the displaced person as set forth in Subsection C above, then the Township shall tender the relocation assistance payment to the displaced person in an amount equal to six times the monthly rental payment of the tenant. Following any such payment made by the Township, the landlord shall be responsible for any relocation costs and payments borne by the municipality, or if not borne by the municipality then by the tenant, in accordance with the provisions of N.J.S.A. 2A:18-61.1(g), together with any security deposit and a pro rata portion of the tenant's rent which may have been paid in advance.
E.
Once a final adjudication in criminal or civil penalty
action has been obtained by the Township of Hillside against the landlord
in violation of the relevant portion of the Code, the Township shall
present a statement of the relocation costs to the landlord and the
date payment of said costs is due. If payment is not made by the landlord
within 10 days of the date on which payment is due, then:
(1)
Interest shall accrue on the unpaid balance
of the relocation costs and interest at the annual rate of 18%.
(2)
The unpaid balance of the relocation costs and
interest shall be a lien on the subject property.
(3)
A statement showing the amount and due date
of the unpaid balance shall be recorded with the Union County Clerk
as a lien against the subject property holding the priority of a mortgage
lien.
(4)
The Township officer charged with enforcing municipal liens on real property shall enforce all relocation costs and any lien thereon shown in the statement filed in accordance with Subsection E(3) immediately hereinabove and shall deposit in the municipal treasury all sums realized upon enforcement or upon liquidation of any property acquired by the municipality by virtue of enforcement. (N.J.S.A. 20:4-4.1)
(5)
The Township may recover all relocation costs,
together with the interest accrued thereon and attorneys' fees and
costs, in a civil action as a personal debt of the owner of the subject
property, including, in the event the owner is a corporation, recovering
relocation costs against the directors, officers, and each shareholder
controlling more than 5% of the total voting shares of the corporation.
(N.J.S.A. 20:4-4.2)
F.
Any landlord, person, firm or entity found liable under the foregoing who subsequently violates and is found liable under any portion of this section for a second time shall, in addition to the provisions set forth in Subsections B through E hereinabove, be fined an amount equal to the annual cost for any residents of the illegally occupied unit to attend a public school within the Township. Said additional fine shall be calculated in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19 and remitted to the Township of Hillside School District. Said fine shall be recovered by the Township by a summary proceeding pursuant to the Penalty Enforcement Law N.J.S.A. 2A:58-10 through 2A:58-12. Said proceedings may be commenced in Superior Court or the Township of Hillside's Municipal Court for enforcement of the fines provided herein.
G.
It shall be the duty of the Police Department and
Construction Official to coordinate their efforts in this regard.
Any violations found by the proper representatives of the Police Department
shall be immediately forwarded to the Construction Official (not more
than 24 hours from said noted violation), and the Police Department
representatives designated by the Chief of Police shall assist the
Construction Official and/or his representatives in obtaining legal
entrance into said premises in order to effectuate the enforcement
of this section.
H.
All ordinances, codes or parts thereof inconsistent
with any of the provisions of this section or provisions of this chapter
are hereby repealed to the extent of such inconsistency.
I.
Basement apartments, basement dwelling places or below-grade
dwelling places.
(1)
Any person, whether family member or other,
who utilizes the basement or floor-below-grade area of a residence,
whether multiple dwelling or not, as sleeping quarters or as a dwelling
space must comply with the provisions of Ordinance O-03-025,[1] adopted July 15, 2003, which refers to the International
Mechanical, Residential, and Building Codes, and N.J.A.C. 5:10-22.1
and N.J.A.C. 5:70 which refers specifically to basements, cellars
and dwelling units made applicable N.J.S.A. 55:13A-6C and A-7.
(2)
Failure to comply with the standards will constitute
an illegal apartment as defined by the Code and ordinances, the provisions
of which remain in effect.
J.
No tenant shall be eligible for relocation benefits
if the tenant was displaced as a result of:
K.
A tenant who is displaced by code enforcement activity
shall be provided a written notice to vacate the property by the Township
of Hillside, which notice shall include:
L.
When a tenant is displaced by code enforcement activity,
he or she shall be provided the following by the Township's Office
of Relocation Assistance:
(1)
A list of decent, safe and sanitary replacement
housing units that are available for sale or lease.
(2)
Assistance establishing priority in subsidized
housing and in applying therefor.
(3)
Information necessary to obtain mortgage financing.
(4)
Names and addresses of other agencies that provide
housing assistance to individuals.
[Added 6-24-2008 by Ord. No. O-08-018]
A.
The Township of Hillside hereby establishes a Revolving
Relocation Assistance Fund, which fund shall receive deposits from
the following actions:
(1)
Any relocation costs and interest recovered
by the Township from a landlord who has been held liable for a civil
or criminal penalty pursuant to a housing or construction code enforcement
action.
(2)
Any sums realized by the Township by virtue
of enforcing municipal liens or liquidation of any property as against
a landlord in pursuit of reimbursement for relocation assistance payments
tendered by the Township to a displaced tenant.
B.
Any sums realized by the municipality pursuant to
any fines and penalties imposed upon the landlord of the subject property
pursuant to the illegal occupancy or other code enforcement activity
regarding the subject property shall be deposited into the Township's
general fund.
[Added 6-24-2008 by Ord. No. O-08-018]
A.
The Township of Hillside hereby creates the Office of Relocation Assistance, the duties of which shall be shared and jointly carried out by the Township's Department of Buildings and the Department of Health. The Office of Relocation Assistance shall be responsible for ensuring full compliance by the Township with the provisions of §§ 188-29.1 through 188-29.3. The Office of Relocation Assistance shall be responsible for developing policies and implementing internal rules and procedures to effectuate both the express terms of §§ 188-29.1 through 188-29.3 and the statutory and regulatory requirements of the Township, including, but not limited to, those set forth in the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq.; the Relocation Assistance Law, N.J.S.A. 52:31B-1 et seq.; the Anti-Eviction Law, N.J.S.A. 2A:18-61.1 et seq.; and N.J.A.C. 5:11-1.1 et seq.
B.
In addition to the responsibilities set forth in Subsection A hereinabove, the Office of Relocation Assistance shall:
(1)
Ensure that displaced persons receive proper
and timely notice as to the availability of relocation payments and
relocation assistance;
(2)
Coordinate enforcement activities and communicate
with local law enforcement personnel, pertinent Township officials,
the Township Attorney and the New Jersey Department of Community Affairs
in order to impose fines and penalties upon and recoup relocation
assistance costs from property owners, where appropriate and as permitted
by law, on behalf of the Township;
(3)
Implement procedures to obtain assistance from
the State of New Jersey, where appropriate, to offset, fund or recoup
relocation assistance costs;
(4)
Monitor deposits into and disbursements from
the Revolving Relocation Assistance Fund; and
(5)
Periodically report to the Mayor and Township
Council as to the conduct, effectiveness, and needs of the Township's
relocation assistance program and related efforts.
[Amended 5-15-1979 by Ord. No. G-155-79]
Except as otherwise provided in this section,
the lawful use of land existing on May 1, 1979, may be continued although
such use does not conform to the regulations specified by this article
for the zone in which the land is located, provided that no existing
building, structure or lot devoted to a use not permitted by this
article in the district in which the building or premises is located
shall be enlarged, extended, constructed, reconstructed, substituted,
relocated, erected, converted to another use or structurally altered
except in conformity with the regulations of this article for the
district in which the building or premises is located. Also, land
on which a nonconforming building is located shall not be reduced
in size, nor shall any lot already nonconforming be made more nonconforming
in any manner.
A.
Abandonment. A nonconforming use shall be considered
to be abandoned if there occurs a cessation of the previous use or
activity on the part of the owner or tenant for a period of nine months
from the date of cessation of use or activity, at which time the building,
structure or premises shall not be used in a nonconforming manner
again.
B.
Conversion to permitted use. Any nonconforming building
or use which has been changed to a conforming building or use shall
not be changed back again into a nonconforming building or use.
C.
Restoration. Any nonconforming building or use which
has been destroyed by fire, explosion, flood, windstorm or other act
of God shall be considered partially destroyed if the cost of restoration
equals 1/2 or less than 1/2 of the estimated true value of the building
as determined by the Tax Assessor, and the building or use may be
rebuilt, restored or repaired not to exceed the area of the building
prior to its destruction. If the damage is greater than above outlined,
the building or use shall be considered completely destroyed and shall
not be rebuilt, restored or repaired unless in conformity with the
building and use requirements of this article.
D.
Repairs and alterations. Repairs and maintenance work
as required to keep a building in sound condition may be made to a
nonconforming building or structure.
A.
Elevation. Garage floors in all residential zones
shall be no less than 12 inches above the established center line
elevation of the roadway.
B.
Height. Garage doors shall not exceed a height of
eight feet.
C.
Landscaping. Screen planting of a dense evergreen
material not less than four feet nor more than six feet in height
shall be provided in off-street parking areas for more than six vehicles.
In lieu of screen planting, a fence or woven lattice, masonry wall
or wooden louver-type or split cedar fence with a maximum of three-fourths-inch
spacing may be provided not less than four feet nor more than six
feet in height, maintained in good condition and without advertising.
This provision shall not apply to the industrial districts except
where industrial districts border on a residential district.
D.
Lighting. Any lighting used to illuminate off-street
parking areas shall be so arranged as to reflect the light away from
residential uses.
E.
Setbacks. Parking areas for more than six vehicles
shall be separated from the street, right-of-way or other property
line by a setback of sufficient distance to prevent any part of a
vehicle from overhanging the street, right-of-way or property lines
by the installation of curbing or similar acceptable construction.
F.
Surfacing and curbing.
(1)
All driveways and off-street parking spaces provided
under the requirements of this article for six or more vehicles shall
be surfaced with an asphalt or concrete material so as to be hard
surfaced, drained and dust free.
(2)
All off-street parking areas shall be provided with
curbing or the equivalent so that vehicles cannot drive onto required
landscaped areas and street rights-of-way and so that each parking
area has controlled entrances and exits.
(3)
All off-street parking areas designated to accommodate
six or more vehicles shall be provided with painted lines indicating
traffic flow and parking spaces.
(4)
A plot plan shall be provided showing parking layout
and drainage and landscaping details.
G.
Location of parking. Off-street parking area for six
or more vehicles may occupy front, side and rear yard areas of residential
uses.
H.
Type of facility. Parking spaces for commercial facilities
may be on the surface of the ground or within underground or other
garage facilities.
I.
Time of provision. All minimum requirements for off-street
parking shall be met at the time of erection or enlargement of any
main building or structure and shall include provisions for adequate
ingress and egress.
J.
Driveways. The provision of parking spaces shall also
include adequate driveway and necessary turning areas for handling
the vehicles for which provision is made. Aisles providing access
to parking spaces shall be at least 25 feet wide.
[Amended 4-19-1977 by Ord. No. G-110-77; 7-5-1978 by Ord. No. G-122-78; 3-7-1995; 9-10-2002]
No billboard shall be erected without a variance and building permit. Billboards, where permitted, shall be constructed in accordance with the Building Code and shall be set back from the established right-of-way line of any street or highway at least as far as required for principal uses in the zoning district as set forth in § 188-22. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs and places of business.
A.
Flashing signs. In no case shall a flashing or revolving
light be permitted in any district.
B.
Illuminated signs. Where permitted, illuminated signs
shall be so arranged as to reflect the light and glare away from adjoining
premises in residential districts and away from all adjoining highways.
Illuminated signs shall be approved by underwriter law.
C.
Maintenance. Signs must be constructed in accordance
with the Building Code and be of durable materials, maintained in
good condition and not permitted to become dilapidated.
D.
Height and area. Billboards shall not exceed 250 square feet in total sign area as defined in Subsection J. Billboards shall be erected no higher than 25 feet at their highest point.
F.
Other signs. All other signs shall be set back at
least 10 feet from all street lines. Such signs shall not exceed the
maximum six square feet, except as otherwise provided in this article.
G.
Removal of signs. Removal of signs shall be at the
expense of the advertiser and within 30 days after the termination
or completion of the matter of business being advertised.
H.
Signs and sign structures. Signs and sign structures
of all types shall be set back or elevated sufficiently to allow a
clear, unobstructed line of sight from points of ingress or egress
for at least 400 feet along all abutting streets and highways.
I.
Signs with two exposures. Signs with two exposures
shall be measured for area by using the surface area of one side of
the sign only.
J.
Sign area. Sign area shall be measured around the
edges of a framed or enclosed sign or by the area utilized by isolated
words, including the space between letters and the space within those
letters having openings.
K.
Garage sales. The display of any signs stating that
there is a "Garage Sale" or any other words indicating that there
will be a garage sale is prohibited unless the following standards
are complied with:
(1)
Signs shall not exceed 10 inches by 14 inches in area.
(2)
Signs shall consist of black lettering on a white
background, which shall state only that there is a "Garage Sale."
(3)
The sign must be removed immediately after the garage
sale is over.
(4)
The sign can only be placed on the property where
the garage sale is taking place and no other areas.
(5)
The sign shall have a setback of at least 15 feet
from all street lines, if not attached to the premises.
[Added 3-17-2015 by Ord.
No. O-15-01]
A.
Real estate signs.
(1)
Temporary signs in the form of nonilluminated, real estate signs
announcing the sale, rental or lease of the premises on which the
sign is located and real estate signs announcing an open house are
permitted in accordance with this subsection. The sign may be double-faced
and, except as noted below, only one sign announcing the sale, rental
or lease of the premises shall be permitted on each lot or parcel
unless it fronts on more than one street right-of-way or property
line unless attached to a portion of a building that may be nearer
to said street right-of-way or property line. Temporary real estate
signs announcing an open house may be located so as to provide directions
to the open house, however in no event shall such signs remain in
place for a period exceeding 24 hours. Real estate signs shall not
be located so as to obstruct traffic in any way, and such signs shall
not be located in any landscaped traffic island. Any temporary sign
erected pursuant to this subsection may be erected on private property
only with the authorization of the owner of the property. The maximum
size of the sign shall be in accordance with the following schedule:
(2)
All real estate signs announcing the sale, rental or lease of
the premises shall be removed within seven days after closing or settlement
on said property or the execution of the lease. Temporary real estate
signs announcing an open house or providing directions therefor shall
be removed within six hours from the end of the open house event.
(3)
Developments with four or more homes for sale may be advertised
on a sign not to exceed 24 square feet nor a height of 12 feet. One
such sign shall be permitted on each frontage if the development fronts
on more than one street. The sign shall be removed when all of the
homes or lots have been initially sold or rented.
(4)
No "for sale," "for rent," "for lease" or similar real estate
sign sign shall exceed six feet in height.
(5)
The advertised use of the structure shall be in accordance with
the zoning in the district in which it is located.
(6)
Penalties. The penalty for a violation of this subsection shall
be a fine of not less than $100 for each violation. Each day during
or on which a violation occurs or continues shall be deemed a separate
offense. Each sign erected in violation of this subsection shall be
deemed a separate offense. The owner of any sign as identified on
such sign shall be liable for any penalty assessed for any sign deemed
to be in violation of this subsection.
B.
Public entities, charitable fund-raising and religious organizations.
Temporary signs for advertising public functions or fund-raising events
for charitable or religious organizations shall be permitted for a
period of 30 days prior to and during the event and shall be removed
within five days after the event. The sign shall be nonilluminated,
not larger than 24 square feet in area, not exceeding eight feet in
height and may be erected flat against the building or freestanding.
C.
Political signs.
(1)
Temporary political signs, and signs not related to a political
campaign, but containing political expressions, may be erected for
a period of 60 days. Campaign signs shall be removed within 15 days
after the election. Political signs in residential zones shall not
exceed 16 square feet, the dimension shall not exceed four feet on
any side and they shall not exceed the height limitation for residential
zones. Political signs in all other zones shall not exceed the maximum
size and height limitation for the zone in which they are placed.
(2)
In accordance with N.J.S.A. 19:44A-22.3, temporary political
signs aiding or promoting the nomination, election or defeat of any
candidate or providing political information on a political candidate
or aiding the passage or defeat of any public question or providing
political information on any public question shall clearly state on
the face thereof the name and business or residence address of the
committee, group or person that financed the temporary political sign
and shall contain a statement that the temporary political sign has
been financed by that group, committee or person.
D.
Relocation signs. Relocation information signs may be erected for
a period not exceeding 30 days. Relocation signs shall be restricted
to the present location of the relocating business and the future
location of the relocating business. The signs, one each at the present
and the future business sites, shall not be in excess of standards
set forth for the zone in which the business is located.
E.
Construction signs. One sign announcing the name of architects, engineers
and/or contractors, the building enterprise and related information
shall be permitted at a site under construction, alteration or repair,
provided that the sign shall not exceed 24 square feet in area and
that the sign shall be removed before a certificate of occupancy is
issued.
F.
Window and interior signs. Permanent and temporary window signs and
internal signs visible from the exterior of the building may be erected
in conformance with the standards set forth under facade signs and
other applicable requirements of this chapter. Temporary window signs
and internal signs advertising or describing sales or special merchandise
are permitted, provided that the same sign does not remain visible
from the exterior of the building for a period of longer than 20 days
and that all of the signs individually or collectively do not exceed
15% of all available window space or the wall on which the signs are
located.
G.
Commercial temporary signs. The construction, erection, replacement
or alteration of any temporary sign advertising a grand opening, anniversary
sale, moving sale, liquidation, going-out-of-business or similar temporary
special event for a commercial purpose, which shall be known as a
"commercial temporary sign," shall be prohibited unless the commercial
entity first obtains a permit from the Zoning Officer and pays the
applicable fee required by this subsection. It shall be unlawful for
any person to install, maintain, erect, replace, alter or display
within the Township any commercial temporary sign as defined herein
without first obtaining a permit. In addition to the sign requirements
applicable for the particular district within which the sign is erected,
all commercial temporary signs shall also comply with the following
standards:
(1)
One temporary sign not exceeding 24 square feet designed to
advertise a grand opening celebration of a commercial establishment
may be erected and maintained on the commercial premises which is
the subject of said grand opening celebration for a period of 14 days
prior to said event and for seven days thereafter. Streamers, pennants,
balloons and other like accessory decorations may also be erected
during the above time period.
(2)
One temporary sign not exceeding 24 square feet designed to
advertise a special sales event may be erected and maintained on the
commercial premises conducting said event for a period not in excess
of 30 calendar days. The erection of a temporary sign advertising
a special sales event shall be limited to four events per year per
commercial establishment.
(3)
Where the commercial premises fronts on Route 22, the area of
temporary signs shall not exceed 36 square feet.
(4)
Temporary signs shall not be so installed as to create a traffic
or fire hazard to create a condition that adversely affects public
safety.
(5)
Temporary signs not permitted by these regulations or the Land Use Ordinance of the Township (Chapter 188 of the Township Code) are prohibited.
(6)
Applications for a permit to install a temporary sign shall
be made to the Zoning Officer at least 10 days prior to the commercial
event or sale and shall contain or have attached thereto the following
information:
(a)
The name, address and telephone number of the applicant.
(b)
The name or names of the owner of the premises and location
of the building, structure or lot upon which the banner is to be installed.
(c)
Written consent of the owner or authorized agent of the building,
structure or land on which the banner is to be displayed.
(d)
The date(s) of the commercial event to be advertised on the
temporary sign.
(e)
The date when the temporary sign is to be installed.
(f)
The date when the temporary sign will be removed.
(g)
Chart or drawing attached to the application showing that the
temporary sign will not interfere with traffic or the safety of persons
using the premises.
(h)
A statement by the applicant swearing to the truth of the information
contained in the application by affidavit or certification.
(7)
The Zoning Officer, upon finding that the information contained
in the application is true, shall issue the permit.
(8)
Fees for a commercial temporary sign permit: $150. One hundred
dollars of the permit fee of $150 is refundable if the applicant has
complied with all provisions of this section, including but not limited
to the timely removal of said commercial temporary sign.
(9)
Any person, firm or corporation violating any provision of this
section shall be fined not less than $100 for a first offense and
shall forfeit the refundable portion of the permit fee, unless no
permit fee was paid, in which case the fine for such first offense
shall be $200. Second and subsequent offenders shall be fined not
less that $250 and shall forfeit the refundable portion of the permit
fee, unless no permit fee was paid, in which case the fine for such
second and subsequent offenses shall be $350. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
(10)
It is the duty of the Zoning Officer to enforce these regulations
and the penalties hereunder and to investigate all such signs which
are alleged to be unsafe, a menace to the public, or erected or displayed
in violation of the provisions of this section.
H.
Other temporary signs. Non-profit and public entity organizations and agencies shall be permitted to erect or display a temporary sign which shall comply with all standards and application procedures as set forth in Subsection G of this section, but shall be exempt from payment of permit fees.
J.
Illegal signs. Any sign erected or applied in violation of this chapter
shall be removed within 10 days after receipt of written notification
from the Zoning Officer of the violation by the property owner or
the person, group of persons, business, enterprise or organization
that erected or applied the sign. Anything to the contrary notwithstanding,
the Township reserves the right to remove any temporary sign, including,
but not limited to, temporary political signs, "for sale" signs, temporary
commercial signs and related advertising materials, that have been
erected or applied on public property or in the public right-of-way
immediately upon the determination by the Zoning Officer that the
same is in violation of this chapter, in which case the cost incurred
by the Township for the removal of the illegal temporary sign shall
be paid by the person, group of persons, business, enterprise or organization
that erected or applied the sign or, in the case of a temporary political
sign, paid by the individual, organization or political campaign committee
named on the temporary political campaign sign as being responsible
for providing funding for the sign.
Piers or bulkheads for the purpose of docking
boats and filling land shall be permitted along streams and rivers
so long as they do not interfere with the flow of water and provided
that they shall have the necessary approval of the New Jersey Bureau
of Navigation and any other agency having jurisdiction thereof.
The disposal of garbage or trash shall be by
means of incinerator only with the approval of the Township in accordance
with all standards and specifications set forth by the New Jersey
State Department of Health. Open dumps and the open burning of refuse
shall not be permitted in any district.
All lots being filled shall be filled with topsoil
or clean fill to allow complete surface drainage of the lot into local
storm sewer systems.
A.
No service station shall have an entrance or exit
for vehicles within 200 feet along the same side of a street of any
school, public playground, church, hospital, public building or institution,
except where such property is in another block or on another street
which the lot in question does not abut.
B.
No service station shall be permitted where any oil
draining pit or visible appliance for any purpose (other than gasoline
filling pumps or air pumps) is located within 20 feet of any street
line or 50 feet of any residential district. All appliances or pits,
other than gasoline filling pumps or air pumps, shall be within a
building. Gasoline pumps shall be permitted within the required front
yard space of service stations but shall be no closer than 15 feet
to the street line.
C.
Automobile, gas or service stations, car washing establishments
and pubic garages, including the repair of motor vehicles, shall be
a permitted use, provided that no use shall be located nearer than
25 feet to any residential zone, and provided further that no automobile,
gas or service stations, car washing establishments and public garages
shall be located within a radius of 1,000 feet of any existing automobile,
gas or service stations, car washing establishments and public garages.
D.
In cases where a service station is located, no junk
yards or premises used for storage of junked motor vehicles or vehicles
incapable of normal operation shall be permitted within the Township.
It shall be deemed prima facie evidence of violation of this article
if more than three motor vehicles incapable of operation are located
at any one time upon any premises not within a closed and roofed building
excepting, however, that a number not exceeding six motor vehicles
may be located upon any service station premises outside of a closed
or roofed building for a period of time not to exceed 48 hours and
provided that the motor vehicles are awaiting repair by the owners
thereof.
A.
When required.
[Amended 8-5-1975 by Ord. No. G-76-75; 5-31-1977 by Ord. No.
G-112-77; 12-19-1978 by Ord. No. G-137-78]
(1)
No building permit shall be issued for any of the
uses listed below unless a site plan shall have first been approved
by the Planning Board; provided, however, that this requirement shall
not apply when the proposed development involves only a change in
the use of any building or other structure or use of land for which
approval is required and no new construction or structural alteration
or enlargement of any existing building or other structure is contemplated:
(2)
A building permit may be issued without site plan
review, provided that the new construction, structural alteration
or enlargement does not exceed:
B.
Minor site plan.
[Amended 2-19-1980 by Ord. No. G-177-80]
(1)
The Planning Board may waive notice and public hearing
for an application for development if the Planning Board or Site Plan
Committee of the Board appointed by the Chairman finds that the application
for development conforms to the definition of "minor site plan." Minor
site plan approval shall be deemed to be final approval of the site
plan by the Board, provided that the Board or said Subcommittee may
condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-38, N.J.S.A. 40:55D-39, N.J.S.A. 40:55D-41
and N.J.S.A. 40:55D-53.
(2)
Minor site plan approval shall be granted or denied
with 45 days of the submission of a complete application to the Building
Department 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.
(3)
Whenever review or approval of the application by
the County Planning Board is required by 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.
(4)
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.
C.
Filing.
[Amended 5-31-1977 by Ord. No. G-112-77]
(1)
Applications for preliminary site plan approval, including those involving conditional use approval or planned development approval (where permitted by this article or other controlling land use ordinances and regulations) shall be filed with the Building Department, together with the required site plan application fee. Three copies of the application shall be filed, together with 12 copies of the site plan meeting the design and detail requirements of § 188-41 of this article. In addition, at the time of filing, but in no event less than 10 days prior to the date set for public hearing, if a hearing is required pursuant to §§ 188-54, 188-55 and 188-56 of this article, the applicant shall file such additional information, plats, maps, drawings and other documents as is required by this article or as may be required to be filed by the rules and regulations of the Planning Board, not inconsistent with the requirements of this article.
(2)
If the applicant is not the owner of all of the lands
which are the subject of the proposed development plan, all owners
shall either join in the application or indicate on the application
that they consent to such application. Proof of ownership in the form
of deed, affidavit or other form satisfactory to the Planning Board
shall be furnished with the application.
(3)
The Building Department shall retain the fee on behalf
of the Township, recording on the application the amount and date
of receipt and shall immediately forward the application and all copies
of the plat to the Planning Board.
(4)
Applications shall be filed upon forms provided by
the Planning Board and shall be obtainable from the Building Department
office.
(5)
Applications shall be filed not less than 14 days
prior to the date of the regular meeting of the Planning Board at
which consideration of the application is desired.
D.
Processing.
[Amended 2-19-1980 by Ord. No. G-177-80]
(1)
Upon the filing of the foregoing documents and the payment of all requisite fees, the application shall be deemed complete. If the application for development is found to be incomplete or otherwise unsatisfactory or in need of amendment to meet the requirements of this article and/or the reasonable demands of the Planning Board consisted herewith and with Chapter 291 of the Laws of 1975, the applicant shall be notified, in writing, of the deficiencies therein by the Secretary or Clerk of the Planning Board for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly submitted.
(2)
Upon receipt of the complete application meeting the
requirements of this article, the Planning Board shall retain two
copies of the site plan and forward copies of such plan and related
documents to: the County Planning Board, Township Clerk, Township
Engineer, Township Board of Health, Township Construction Official,
Township Tax Assessor, Township Planning Board Attorney and all other
state, county and Township offices and departments having jurisdiction
thereof, as required by law or by the provisions of this article,
for their reports and recommendations concerning the proposed development.
The reports shall be presented to the Planning Board at a regularly
scheduled meeting on the application; detailed reasons for the disapproval
must be set forth. Reports shall be filed with the Planning Board
within 30 days of receipt of the site plan and related documents.
E.
Hearings on applications for preliminary site plan
approval.
(1)
Procedure.
(a)
Upon the submission of a site plan involving
more than two acres of land, a public hearing shall be held pursuant
to the provisions and requirements of this article.
(c)
If the Planning Board or Zoning 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.
(2)
The Planning Board may allow the applicant to obtain
a performance bond in lieu of the certified check as a performance
guaranty. In the event that the Planning Board shall allow a performance
bond then, the following shall be submitted to the Planning Board:
[Added 8-5-1975 by Ord. No. G-77-75]
(a)
A performance guaranty estimate shall be prepared
by the Township Engineer setting forth all requirements as fixed by
the Planning Board and the estimated cost of providing the same.
(b)
The applicant shall present two copies of the
performance guaranty in an amount equal to the amount of the approved
performance guaranty estimate for approval as to form and sufficiency
by the Planning Board Attorney.
(c)
The performance bond shall be in the amount
of the approved performance guaranty estimate. The applicant shall
be the principal on the performance bond and the Township shall be
the beneficiary. The performance bond shall be issued by an acceptable
surety company authorized to do business in the State of New Jersey.
The performance bond shall contain a clause to the effect that a determination
by the Township Engineer that the principal has defaulted in the performance
of his obligation shall be binding and conclusive upon the surety
and the principal.
(d)
A final inspection of all improvements shall
be made by the Township Engineer to determine whether the work is
satisfactory and in agreement with the Planning Board's requirements.
The general condition of the site shall also be considered. Upon a
satisfactory written inspection report filed with the Planning Board
by the Township Engineer, action will be taken to release the performance
guaranty covering such improvements.
F.
Action upon application for preliminary site plan
approval: time limitations.
(1)
Following receipt and consideration of the reports received pursuant to Subsection C of this article or the expiration of 30 days without receipt of any such report(s), the holding of a public hearing pursuant to §§ 188-54, 188-55, and 188-56 of this article, if such a hearing is required, and amendments and charges, if any, made in the site plan in accordance with the reasonable demands of the Planning Board consistent with this article and the Municipal Land Use Law,[1] if the proposed development plan complies with this article
and said Land Use Law, the Planning Board shall grant preliminary
site plan approval.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Upon the submission of a complete application for
a site plan which involves 10 acres of land or fewer 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 be the applicant in writing. Upon
the submission of a complete application for a site plan, if so required
by the Planning Board, which involves more than 10 acres or more than
10 dwelling units, the Planning Board shall grant or deny the preliminary
approval within 95 days of the date of such submission or within such
further time as may be consented to by the applicant in writing. Otherwise,
the Planning Board shall be deemed to have granted preliminary approval
of the site plan.
[Amended 2-19-1980 by Ord. No. G-177-80]
(3)
Whenever review or approval of the application by
the County Planning Board is required by 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.
G.
Effect of preliminary site plan approval.
(1)
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 forms 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.
(2)
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.
(3)
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 may govern.
H.
Applications for final site plan approval.
(1)
Installation of improvements completed.
(a)
No application for final site plan approval
shall be filed until the applicant shall have installed all the on-site
and off-site improvements required as a condition of preliminary site
plan approval in accordance with this article,as amended. Such installation
shall have been accomplished under the supervision and inspection
of the Township Engineer and a certificate of satisfactory completion
filed by the Township Engineer with the Planning Board.
[Amended 10-21-2003]
(b)
The applicant, however, shall be permitted by the Planning Board to post adequate performance guaranties in accordance with § 188-10 of this chapter to assure the completion and installation of the following improvements or incomplete portions thereof, in lieu of the completion of the same prior to applying for and securing final site plan approval: monuments; shade trees; buffer and screening plantings and fencing; lighting; top roads, internal roadways and parking and loading areas; sidewalks; signs; traffic control signs and devices for which county and/or state approvals are required; final grading and seeding of public and open space areas; and such other on-site improvements as applicants can demonstrate will interfere with or will likely be damaged by the construction of the buildings and other structures forming a part of the development plan which will be constructed subsequent to final site plan approval or would not be in the best interest of the general public to install until after final approval due to conditions that are peculiar to the particular application for development.
(2)
Filing. Applications for final site plan approval shall be submitted at any time subsequent to the complete installation of on-site and off-site improvements as required by Subsection H(1) of this section and prior to the expiration date of preliminary approval and processed in the same manner and in accordance with the same requirements as provided above in § 188-37E for the submission of an application for preliminary site plan approval, upon forms provided by the Planning Board for final approval and accompanied by the fee specified in § 188-15 of this chapter.
(3)
Processing. Upon the filing of the required application for final site plan approval accompanied by the required number of copies 12 of the final site plan and other related documents meeting the design and detail requirements of § 188-9 of this chapter and the payment of the requisite fees and the posting of the performance guaranties required by § 188-10 of this chapter, the application shall be deemed complete. If the application for development is found to be incomplete or otherwise unsatisfactory or in need of amendment to meet the requirements of this article and/or the reasonable demands of the Planning Board consistent herewith and with Chapter 291 of the Laws of 1975, the applicant shall be notified thereof by the Secretary (or Clerk) of the Planning Board within 30 days of submission of such application or it shall be deemed to be properly submitted. Copies of the final site plan shall be submitted in the Township Engineer and to the County Planning Board and such other state, county and Township offices and departments having jurisdiction thereof, as required by law or by this article, including any and all of the persons and agencies to whom copies of the preliminary site plan were sent as specified in § 188-37C(2) of this article, if deemed advisable by the Planning Board, for their reports and recommendations. The reports shall be filed with the Planning Board within 30 days of the date of receipt of the final site plan and related documents from the Planning Board.
(4)
Decision.
(a)
The Planning Board shall act upon the application
and deny or grant final site plan approval within 45 days of the submission
of a complete application in writing.
(b)
Failure of the Planning Board to act within
this forty-five-day period shall constitute final approval, and a
certificate of the Secretary of the Planning Board as to the failure
of the Planning Board to act within the prescribed time shall be issued
upon the request of the applicant and shall be sufficient evidence
of final approval for any and all purposes.
(c)
A public hearing shall not be required on any
application for final site plan approval, except those involving more
than two acres of land with respect to which there is substantial
amendment in the layout of improvements and other significant changes
in the site plan which was previously granted preliminary approval.
In such instances, a new hearing shall be held and all the procedures
required for preliminary site plan approval shall be followed.
(d)
Whenever review or approval of the application
by the County Planning Board is required by N.J.S.A. 40:27-6.6, the
Planning Board shall condition an approval that it grants upon timely
receipt of a favorable report thereon within the required time period.
I.
Effect of final site plan approval.
(1)
Final approval of a site plan application shall remain
in full force and effect for a period of two years from the date of
final approval, during which time the zoning requirements applicable
to the preliminary approval first granted and all other rights conferred
as a part of preliminary approval, whether conditional or otherwise,
shall not be changed. If the developer has followed the standards
prescribed for final approval, the Planning Board may extend such
period of protection for extensions of one year but not to exceed
three such extensions.
(2)
Final site plan approval shall expire at the end of
this two-year period or two-year period as extended pursuant to this
article, if applicable, unless within this period all construction
work and site improvements covered by the approved site plan shall
have been substantially completed and a good faith application shall
have been made to the appropriate Township officer for a certificate
of occupancy.
J.
Performance and maintenance guaranties.
(1)
As a condition for final site plan approval, the Planning
Board shall require the furnishing of a performance guaranty in favor
of the Township in an amount not to exceed 120% of the cost of installation
of improvements, as estimated by the Township Engineer, which the
Planning Board may deem necessary or advisable to insure the installation
of the same for the protection of the health, safety and welfare of
the residents of the Township and other persons who may be affected
by or use the development which is the subject of final approval,
limited, however, to those improvements as specified above, said improvements
being those which are not required to be completed and/or installed
as a condition for final site plan approval.
(2)
The Planning Board shall be empowered to receive a
performance guaranty for both on-site and off-site improvements, whether
or not said are eventually to be accepted by and become the property
and responsibility (to operate) of the Township, involving streets,
graded pavement, gutters, curbs, sidewalks, shade trees, surveyor's
monuments, streets, traffic control signs and devices, water and water
system appurtenances, culverts, sewers, sanitary sewers and other
sewage disposal, drainage structure facilities, erosion control and
control devices, public improvement space, landscaping and other on-site
improvements related to the foregoing.
(3)
As a condition for final site plan approval, the Planning
Board shall require the furnishing of a maintenance guaranty for a
period not to exceed two years after final acceptance by the Township
of those improvements which are to be accepted by and become the property
and responsibility (to operate) of the Township in the amount not
to exceed 15% of the cost of the improvement, as estimated by the
Township Engineer.
K.
Site plan details and information required.
(1)
Every development plan shall be prepared by a New
Jersey licensed architect or a New Jersey licensed professional engineer
and shall contain the raised seal of said architect or said engineer,
and the development plan shall be drawn to a scale of not less than
(1) inch equals 30 feet if the subject property is fewer than two
acres; to a scale of not less than one inch equals 50 feet if the
subject property is more than two and fewer than five acres; and to
a scale of not less than one inch equals 100 feet if the subject property
is more than five acres. Every development plan shall show the following:
(a)
The name and title, address and telephone number
of the applicant, the owner and the person preparing the plan, maps
and accompanying data.
(b)
An appropriate place for the signatures of the
Chairman and of the Secretary of the Planning Board.
(c)
An appropriate place for the signature of the
Township Engineer.
(d)
The Township Tax Map lot and block number or
numbers of the premises affected.
(e)
A date, scale and North sign on any map.
(f)
The zone district in which the premises in question
is located and the zone district or districts of all the immediately
adjoining properties.
(g)
A key map showing and locating the subject property
in relation to surrounding areas.
(h)
Total number of acres contained in the subject
property.
(i)
The location of all existing watercourses, above
and below ground, wooded areas, easements, rights-of-way, streets,
roads, highways, freeways, railroads, canals, rivers, buildings, structures
or any other feature directly on the property or within 200 feet of
said property.
(j)
The location, use and ground area of each proposed
building, structure or any other land use.
(k)
The location, widths, grades, design and construction
details of proposed streets, internal roadways and driveways servicing
the site and the plan of traffic circulation, if appropriate.
(l)
The location, capacity, design and construction
of proposed off-street parking areas and loading and unloading facilities.
(m)
Utilities. Proposed location, design, size,
construction details and capacity of all public and private utility
facilities and systems, including but not limited to storm drainage,
sanitary sewers and/or sanitary disposal facilities, solid waste disposal,
water, gas, electricity, cable television systems and telephone.
[1]
Where the proposed development is not to be
connected to a public water system and water is to be supplied by
the drilling of new wells, sufficient feeting testing shall be performed
and results furnished to assure the Planning Board that adequate water
meeting all controlling governmental regulations can be furnished
without adverse effect upon private water systems serving adjacent
and nearby properties.
[2]
For all development plans involving more than
two acres, electric, telephone and cable television lines shall be
installed under ground, unless waived by the Planning Board for good
cause shown by applicant.
[3]
A map showing the entire drainage area and the
drainage area contributing to each pertinent drainage structure along
with drainage tabulation sheets showing calculations for each drainage
area shall be provided. Each drainage area shall be marked for identification
purposes.
(n)
The location and treatment of proposed entrances
and exits to public rights-of-way, including the possible utilization
of traffic signals, channelization, acceleration and deceleration
lane, additional width and any other device necessary to traffic safety
and/or convenience.
(o)
The location of and identification of proposed
open spaces, parks, recreation areas or other public areas.
(p)
Proposed plan for soil (erosion) and sedimentation control in accordance with the requirements of Chapter 257, Soil Removal, including all necessary design and construction details.
(q)
The location and design of landscaping, buffer
areas and screening devices and shade trees, including a plan for
landscaping showing the basic treatment of all unpaved areas and areas
not used for buildings.
(r)
The location, widths, grades, design and construction
details of sidewalks, walkways and all other areas proposed to be
devoted to pedestrian use.
(s)
Specific location, size, height and design of
signs and outdoor lighting, existing and proposed.
(t)
All lot line dimensions.
(u)
Existing contours and proposed final contours,
at contour intervals of two feet, as well as existing and proposed
finished grade elevations at all corners and entrances to buildings
and structures.
(v)
Required building setback, side yard and rear
yard requirements and all existing and proposed setback and yard dimensions.
(w)
Whether existing buildings and structures are
to remain or be demolished.
(x)
The type, specifications for and location of
all of proposed surface paving and curbing.
(y)
The location, size and nature of the entire
property in question and any contiguous property owned by the applicant
or owner of the subject property or in which the applicant or said
owner has a direct or indirect interest even though only a portion
of the entire property is involved in the site plan for which approval
is sought; provided, however, that where it is physically impossible
to show such entire property or contiguous property or properties
on one map, a key map thereof shall be submitted.
(z)
The location, names and widths of all existing
and proposed streets abutting the premises in question and the property
lines of all abutting properties, together with the names and addresses
of the owners as disclosed on the Township Tax Map and tax rolls on
file in the Township of Hillside municipal offices as of the date
of the site plan application.
(aa)
Deed restrictions. A copy of any existing or
proposed protective covenants or deed restrictions applying to the
land being developed shall be submitted with the preliminary plat.
(bb)
All information and data required to permit
the Planning Board to determine whether or not the proposed development
will conform fully with all applicable performance standards and the
requirements of this article.
[Amended 10-21-2003]
(2)
Building plans. There shall also be submitted one
set of drawings of every principal or accessory structure proposed
to be erected or altered on the subject property. The drawings shall
show at least the schematic floor plans and exterior design. The exterior
design shall show all elevations of the structures and indicate the
proposed construction materials and general design and architectural
styling.
(3)
Design standards and construction of on-site and off-site
improvements, streets, sidewalks, curbing, roadways and internal roads,
parking areas, pavement, street signs, storm drainage construction,
water mains, sanitary sewers and all related improvements shall be
constructed, installed and located in accordance with the design standards
and improvement requirements, to the extent applicable to site plans,
of this article, pursuant to this article.
L.
Scope and purpose of site plan review by the Planning
Board. The Planning Board shall review every site plan or revision
thereof after its submission to determine whether the plan or revised
plan complies with all of the applicable provisions of this article
and the purposes of the Municipal Land Use Law,[2] including those relating to:
(1)
Lot requirements and location, size and height and
structures.
(2)
Off-street parking.
(3)
Adequate landscaping, including screening and buffer
planting, and shade trees.
(4)
Stormwater disposal, impact of the same to ensure
against flooding.
(5)
Sanitary sewage disposal and waste disposal, water
supply and utilities in general.
(6)
Signs.
(7)
Outdoor lighting.
(8)
Building design.
(9)
Preservation of existing natural resources on the
site.
(10)
Safe and efficient vehicular and pedestrian
circulation, including suitable and safe access for fire-fighting
and emergency vehicles to buildings.
(11)
Prevention of unreasonable interference with
traffic on surrounding streets.
(12)
Suitable size, shape and location of any public
use areas or open space areas reserved and set aside for use and benefit
of residents of planned developments including residential cluster
to the extent permitted by this article.
(13)
Protection and conservation of soils from erosion
by wind, water or from excavation or grading.
(14)
Promotion of a desirable visual environment
and aesthetic consideration. The Planning Board shall in reviewing
a site plan generally consider the impact of the proposed development
upon the Township and its residents to determine if it is in furtherance
of the purposes of the Municipal Land Use Law as set forth in N.J.S.A.
40:55D-2 and whether the proposed site plan is conducive to the orderly
development of the site and the general area in which it is located.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
M.
Compliance with site plan requirements and the purposes
of site plan review.
(2)
In addition, an application for final site plan approval
and the final development plan must include and show the following:
(a)
Complete as-built plans showing the exact location,
size, capacity, grade, profiles, design and construction details with
respect to all on-site and off-site improvements installed in accordance
with the terms and conditions of preliminary site plan approval and
required as a prerequisite for final approval.
N.
Indication of approval or denial on site plan.
(1)
In the event that a preliminary or final site plan
is approved by the Planning Board, a notation to that effect shall
be made upon the development plan, including the date of approval,
and signed by both the Chairman and Secretary of the Planning Board,
following indication of approval thereon by the Township Engineer.
Copies of such plan bearing such notation and signatures shall be
forwarded to the applicant, the Township Engineer, the Township Clerk
and the Township Construction Official, and one such copy shall be
placed in the Planning Board files.
(2)
In the event that the Planning Board disapproves the
development plan or revised plan, a notation to that effect, including
the reasons therefor, shall be made upon or attached to the development
plan or revised plan and signed by the Chairman and Secretary of the
Planning Board. A copy of the plan bearing such notation shall be
returned to the submitting party.
No person shall occupy or let to another for
occupancy any dwelling unit, hotel room, hotel room or apartment for
the purpose of living therein which does not comply with the ordinances
of the Township.
[Amended 12-16-1975 by Ord. No. G-85-75]
Private in-ground residential swimming pools
shall adhere to the following standards:
A.
All pools shall be located only in rear yard areas,
and no pool or wading pool shall be constructed or installed on any
lot unless a residence building is located on the lot or unless the
lot is part of a residence curtilage.
B.
Pools shall occupy no more than 25% of the rear yard
area or a maximum of 800 square feet as measured along the surface
of the water, whichever is smaller.
C.
No edge of any pool shall be closer to any building
or any lot line than seven feet.
D.
In the case of a corner lot, a private permanent swimming
pool shall not be constructed, erected, installed or maintained closer
to the side street line than the prevailing setback line on that street.
E.
Suitable and appropriate trees, shrubbery, planting
or fencing shall be provided and maintained so that neither the pool
itself nor the bathers using it are visible at any time to a person
standing on the ground on any joining street or on any contingent
property, except that this provision does not apply to diving boards
or platforms or to bathers while they are on such diving boards or
platforms.
F.
The pool may be lighted by underwater or exterior
lights, or both, provided that all exterior lights are located so
that the light is neither directed nor reflected upon adjacent properties
in such a manner as to be a nuisance or an annoyance to neighboring
properties. All freestanding standards used for exterior lighting
shall not exceed 12 feet in height and shall be no closer than nine
feet to the edge of the pool. Underwater lighting shall be in compliance
with the applicable National Electrical Code. Accompanying the application
for a building permit shall be a certificate of approval from the
National Board of Fire Underwriters that the underwater lighting facilities
meet their specifications.
G.
The pool shall be completely surrounded by such fencing
as will effectively exclude children or trespassers, except that gates
shall be provided which shall be kept locked when the pool is not
in use.
H.
Sound-absorbing and sound-deflecting structures and
planting shrubbery and trees shall be provided in such manner and
number as to effectively reduce the sounds from the pool as heard
on contiguous property or streets to the end that there shall be no
unreasonably loud noise or sound which is abnormal to the surrounding
neighborhood.
I.
All areas surrounding the pool shall be made and kept
neat and attractive so as to be in conformity with surrounding property,
and no rubbish, debris or litter shall be permitted to remain or accumulate
in or about the pool.
J.
All material used in the construction of swimming
pools shall be waterproof and easily cleaned. The bottom and sides
of the pool shall be either white or a light color, except that aluminum
paint shall not be used as a finish. Sand or earth bottom shall not
be used.
K.
There shall be no physical connection between a potable
public or private water supply system and such pools at a point below
the maximum flow line of the pool or to a recirculating or heating
system of a pool unless such physical connection is so installed and
operated that no pool water can be discharged or siphoned into a potable
water supply system.
L.
All swimming pools hereafter constructed shall be
provided with not over one two-inch-diameter galvanized iron pipe
or approved equal drain extending from the pool to a brook, adequate
dry well, curb gutter opening or storm sewer where capacity is adequate
as determined by the Township Engineer. No pool drain shall be connected
to the sanitary sewer system. Pool drainage systems must be approved
by the Plumbing Inspector prior to the issuance of a permit by the
Construction Official.
M.
All swimming pools shall be so constructed, installed
and maintained as to provide necessary equipment for the chlorination
and other disinfection and filtering to comply with such approved
bacteriological standards as may be promulgated by regulations issued
by the Board of Health of the Township.
No open space provided around any principal
building for the purposes of complying with the front, side, rear
or other yard provisions of this article shall be considered as providing
open space for meeting the same requirements for another principal
building.
A.
Exceptions to height limits. Any portion of the roof structure above that which is used in measuring the height of a building as defined in § 188-20 as well as penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, spires, steeples, flagpoles, chimneys, smokestacks, monuments, water tanks, silos or similar structures may be erected above the height limits prescribed by this article but in no case more than 25% more than the maximum height permitted in the district, except water towers and radio and television towers shall have no height restrictions and except further that all such facilities shall comply with any requirements of the Federal Aviation Agency.
B.
Exception to area requirements. Where the owner of a lot of substandard size, irregular shape or substandard area owns vacant adjacent lots or parcels of land, the lots or parcels shall be considered as a single lot and the area and yard space provisions of this article shall hold. Also, whenever land for the widening of a public right-of-way has been dedicated and conveyed to the Township as part of a subdivision approval to meet minimum street right-of-way requirements of Article I, Subdivision of Land, of this chapter or the Master Plan, the Construction Official may issue a building permit for a lot whose depth and lot area are reduced by the same dimension and area as dedicated to the Township only if the applicant has no other adjacent lands to provide the minimum requirements.
C.
Exception to front yard requirements. Where more than
50% of the street frontage in any block is developed, the required
front yard for any building shall be a depth not less than the average
depth of the front yards of all the existing buildings.
D.
Corner lots. Where a building is situated on a corner
lot, the side yard on the street side shall be one-half (1/2) the
available depth of the front yards of the existing buildings on the
street but in no case less than eight feet.
A.
All uses that are not expressly permitted in this
article are prohibited. An applicant for a nonpermitted use, after
application for a permit has been denied, may apply to the Zoning
Board of Adjustment and at the same time shall apply to the Planning
Board in order that the Planning Board may review and make a recommendation
of standards to the Zoning Board of Adjustment in time for the public
hearing of the Zoning Board of Adjustment on the applicant's case.
The Planning Board may offer an opinion as to whether such proposed
new use is compatible with the uses specifically permitted in the
limitations for the district in which the applicant's land is located
and whether the new use will not seriously impair the intent of this
article and of the Master Plan.
B.
There shall be a moratorium meaning no approvals or
construction of any new or converted condominiums, townhouses or cooperatives
until further decision of the Township Committee of the Township of
Hillside. This subsection is enacted in view of a presently proposed
Master Plan for the Township of Hillside which has not yet been considered,
amended or adopted for the Township of Hillside. This moratorium shall
extend until the Township Committee considers the issue of construction
or conversion of condominiums, townhouses or cooperatives and enacts
some procedures based upon consideration of present circumstances
and the proposed Master Plan.
[Added 7-21-1987 by Ord. No. G-271-87]
It shall be the duty of the Construction Official or his representative in his absence to administer and enforce this article in accordance with the provisions of this article or any other applicable ordinance except as provided in § 188-25. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use would be in violation of any provision of this article. It shall be the duty of the Construction Official or his representative to cause any new buildings, plans or premises to be inspected or examined and to order, in writing, that any condition be remedied which is found to exist in violation of any provisions of this article, and he shall have the right to enter any building or premises during the daytime in the course of his duties and in compliance with all laws. The Construction Official shall prepare a report for the Township Committee on a monthly basis summarizing for the period since his last previous report all complaints of zoning violations and the action taken by him. A copy of each report shall be filed with the Planning Board at the same time it is filed with the Township Committee.
[Amended 1-9-2007]
A.
Building permits. Every application for a building permit shall be accompanied by three sets of printed plats and, as required by the Construction Official, showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of the buildings and accessory buildings existing and the lines within which the building or structure is to be erected or altered, the existing or intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this article. One copy of the plans shall be returned to the owner when the plans have been approved by the Construction Official, together with the permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey and filed upon completion of the foundation with the Construction Official. The lot and the location of the building shall be staked out on the grounds before construction is started. No building permit shall be issued for any new dwelling located in a subdivision unless that subdivision is duly approved by the Planning Board in accordance with the provisions of Article I, Subdivision of Land, of this chapter.
B.
Zoning permits. Every property owner or applicant
who seeks to enlarge any structure or building footprint; erect an
accessory structure; erect a shed; erect a fence; erect a deck; erect
a patio or sidewalk; erect exterior stairs; erect walls or change
use of any property must undergo a zoning review, to determine whether
changes meet existing zoning requirements, and obtain a zoning permit.
All zoning review requests shall be accompanied by:
(1)
Two sets of a sealed survey which shows all existing
structures, building, accessory structures, decks, patios, sidewalks,
stairs, fences and adjacent roadways;
(2)
Two sets of plans which show the size and location
of all proposed changes to the property;
(3)
If a change of use is being sought, a complete description
of the use must be included; and
(4)
Two sets of the application in a form as designated
by the Zoning Official.
C.
All zoning reviews are to be conducted by the Zoning
Official, and either a permit shall be issued or a written statement
of denial shall be provided to the applicant, within 20 days of the
completed application and all appropriate submissions having been
provided to the Zoning Official.
D.
The fee for a zoning permit is $35, which shall be
made payable to the Township of Hillside.
[Amended 7-15-1975 by Ord. No. G-75-75]
A.
It shall be unlawful for any owner to use or permit
the use of any building or part thereof hereafter erected, altered,
converted or enlarged wholly or in part or transferred until a certificate
of occupancy shall have been issued by the Construction Official.
An application for a certificate of occupancy may be made by an owner,
tenant, purchaser under contract or the legal representative of any
of said persons. The certificate shall show that the building or part
of a building and the proposed use conform to the requirements of
this article and other applicable ordinances. It shall be the duty
of the Construction Official to issue a certificate of occupancy only
when he is satisfied that the building or part of a building and the
proposed use thereof so conform. Occupancy permits shall be granted
or denied, in writing, within five days from the date that a written
request for the same is filed with the Construction Official.
B.
Should the Construction Official decline to issue
a certificate of occupancy, his reasons for doing so shall be stated,
in writing, on the copy of the written request and the copy shall
be returned to the applicant.
C.
Upon written request from an owner, tenant, purchaser
under contract or the legal representative of any of said persons,
the Construction Official shall issue a certificate of occupancy for
any building or use of land existing on October 6, 1970, certifying
after inspection the extent and kind of use made of the building and
whether the use conforms to the provisions of this article.
D.
Any application for a certificate of occupancy for
a building engaging in manufacturing, processing of any form of solid
waste, mixing of chemicals or housing of materials that may impact
upon the health, safety and welfare of the surrounding community must
include the approval of the local health administrator and appropriate
fire official.
[Amended 4-7-1992 by Ord. No. G-319-92]
E.
On the serving of notice of any violation of any of
the provisions or requirements with respect to any building or use
thereof or of land as provided in this article, the certificate of
occupancy for such use shall thereupon, without further action, be
null and void and a new certificate of occupancy shall be required
for any further use of the building or land.
F.
A monthly report of the certificates of occupancy
issued shall be filed with the Tax Assessor, Police Department, Combustible
Bureau and Board of Health. A record of all certificates of occupancy
shall be kept in the office of the Construction Official, and copies
shall be furnished on request to the Planning Board or to any person
having a proprietary or tenancy interest in the building or land affected.
The charge for each copy shall be $5, except that there shall be no
charge to a municipal agency.
In case any building or structure is or is intended
to be erected, constructed, reconstructed, altered or converted or
any building or structure is or is intended to be used in violation
of or contrary to the provisions of this article, the Township Attorney
is authorized, in addition to other remedies set forth in the statutes
of the State of New Jersey and in this article, to institute an action
to enjoin, or any other appropriate action or proceeding, to prevent
such erection, construction, reconstruction, alteration, conversion
or use.
The Township may from time to time amend or
change by ordinance the number, shape or area of districts established
on the Zoning Map of the Township and the regulations set forth in
this article in accordance with N.J.S.A. 40:55D-62.
[Added 5-31-1977 by Ord. No. G-112-77]
A.
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven residents
of the Township of Hillside appointed by the Mayor to serve for terms
of four years from January 1 of the year of their appointment.
B.
The terms of the members first appointed shall be
so determined that to the greatest practicable extent the expiration
of such terms shall be distributed evenly over the first four years
after their appointment, provided that the initial term of no member
shall exceed four years. Thereafter the term of each member shall
be for four years. Nothing in this article shall, however, be construed
to effect the term of any present member of the Zoning Board of Adjustment,
all of whom shall continue in office until the completion of the term
for which they were appointed.
C.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
D.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
E.
Alternative members of the Zoning Board.
[Added 9-19-1978 by Ord. No. G-130-78; amended 2-19-1980 by Ord. No. G-177-80]
(1)
The Mayor may appoint two alternate members of the
Zoning Board who are residents of the Township of Hillside. Alternate
members shall be designed by the Mayor at the time of appointment
as "Alternative No. 1" and "Alternative No. 2." The term of each alternative
member shall be for two years.
(2)
Alternative members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternative member. In the event that
a choice must be made as to which alternative member is to vote, Alternative
No. 1 shall vote.
F.
Officers. The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary,
who may be either a Board member or another municipal employee.
G.
Board of Adjustment Attorney. There is hereby created
the office of Attorney to the Zoning Board of Adjustment. The Zoning
Board of Adjustment may annually appoint, fix the compensation of
or agree upon the rate of compensation of the Zoning Board of Adjustment
Attorney, who shall be an attorney other than the Municipal Attorney.
H.
Experts and staff. The Zoning Board of Adjustment
may also employ or contract for and fix the compensation of such experts
and other staff and services as it may deem necessary. The Board shall
not authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
I.
Rules and regulations. The Board shall adopt such
rules and regulations as may be necessary to carry into effect the
provisions and purposes of this article. In the issuance of subpoenas,
administration of oaths and taking of testimony, the provisions of
the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
J.
Powers to the Zoning Board of Adjustment.
(1)
The powers of the Zoning Board of Adjustment shall
be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and
supplements thereto, and with the provisions of this article.
(2)
It is further the intent of this article to confer
upon the Zoning Board of Adjustment as full and complete powers as
may lawfully be conferred upon such Board, including, not by way of
limitation, the authority, in connection with any case, action or
proceeding before the Board, to interpret and construe the provisions
of this article, or any term, clause, sentence or word hereof, and
the Zoning Map, in accordance with the general rules of construction,
applicable to legislative enactments.
(3)
The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this article in accordance with the general or specific rules contained herein and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this article would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said Chapter 291 of the Laws of 1975[1] or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
K.
Appeals and applications.
[Amended 2-19-1980 by Ord. No. G-177-80]
(1)
Appeals to the Board of Adjustment may be taken by
any person aggrieved or by an officer, department, board or bureau
of the municipality affected by any decision of the administrative
officer. Each appeal shall be taken within the 20 days prescribed
by the statute by filing a notice of appeal with the officer from
whom the appeal was taken, together with three copies of said notice
with the Secretary of the Board of Adjustment. Said notice of appeal
shall specify the grounds for said appeal. The officer from whom the
appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
(2)
Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to any administrative
officer shall be filed with the Secretary of the Zoning Board of Adjustment.
Three copies of the application shall be filed. At the time of filing
the appeal or application, but in no event less than 10 days prior
to the date set for hearing, the applicant shall also file all plot
plans, maps or other papers required by virtue of any provision of
this article or any rule of the Board of Adjustment. The applicant
shall obtain all necessary forms from the Secretary of the Zoning
Board of Adjustment. The Secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
(3)
An appeal stays all proceedings in furtherance of
the action in respect of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Adjustment or by the Superior
Court of New Jersey on application or notice to the officer from whom
the appeal is taken and on due cause shown.
L.
Power to reverse or modify decisions. In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of Chapter 291 of the Laws of 1975 or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and to that end have all the powers of the administrative officer from whom the appeal was taken.
M.
Expiration of variance. Any variance from the terms
of this article hereafter granted by the Board of Adjustment permitting
the erection or alteration of any structure or structures or permitting
a specified use of any premises shall expire by limitation unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance, or unless
such permitted use has actually been commenced, within nine months
from the date of entry of the judgment or determination of the Board
of Adjustment; except, however, that the running of the period of
limitation herein provided shall be tolled from the date of filing
an appeal from the decision of the Board of Adjustment to the governing
body or to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
N.
Powers granted by law.
(1)
The Board of Adjustment shall have such powers as
are granted by law to:
(a)
Hear and decide appeals where it is alleged
by the appellant that there is error in any order, requirement, decision
or refusal made by an administrative official or agency based on or
made in the enforcement of this article.
(b)
Hear and decide requests for interpretation
of the map or this article or for decisions upon other special questions
upon which such Board is authorized by this article to pass.
(c)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic shape of a specific piece of property, or by reason of exceptional situation or conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in this article would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property to grant upon an application or an appeal relating to such property a variance from such strict application, so as to relieve such difficulties or hardship, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to the Subsection 47a of the Municipal Land Use Law of 1975, Ch. 291, P.L. 1975.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-60a.
(d)
In particular cases and for special reasons grant a variance to allow departure from regulations pursuant to § 188-41, including, but not limited to, allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of a least five members of the Board.
(2)
No variance or other relief may be granted under the
provisions of this section unless such variance or other relief can
be granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the zone plan and
this article. Any application under any subsection of this section
may be referred to any appropriate person or agency, including the
Planning Board, for its report, provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
O.
Additional powers.
[Amended 2-19-1980 by Ord. No. G-177-80]
(1)
The Zoning Board of Adjustment shall, in addition
to the powers specified in this article, have power given by law to:
(a)
Direct issuance of a permit pursuant to N.J.S.A.
40:55D-34 for a building or structure in the bed of a mapped street
or public drainageway, flood control basin or public area reserved
on the Official Map.
(b)
Direct issuance of a permit pursuant to N.J.S.A.
40:55D-36 for a building or structure not related to a street.
(2)
The Board of Adjustment shall have the power to grant
to the same extent and subject to the same restrictions as the Planning
Board subdivision or site plan approval pursuant to the statute or
conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the
proposed development requires approval by the Board of Adjustment
of a variance pursuant to N.J.S.A. 40:55D-70. The developer may elect
to submit a separate application requesting approval of the variance
and a subsequent application for any required approval of the variance
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
shall be conditioned upon grant of all required subsequent approvals
by the Board of Adjustment. No such subsequent approval shall be granted
unless such approval can be granted without substantial detriment
to the public good and without substantial impairment of the intent
and purpose of the zone plan and this article. The number of votes
of Board members required to grant any such subsequent approval shall
be as otherwise provided in this article for the approval in question,
and the special vote pursuant to the aforesaid N.J.S.A. 40:55D-70
shall not be required.
P.
Time for decision. The Board of Adjustment shall render
its decision not later than 120 days after the date an appeal is taken
from the decision of the Construction Official or the submission of
a complete application for development to the Board pursuant to the
provisions of N.J.S.A 40:55D-70b. In the event that the developer
elects to submit separate consecutive applications, the aforesaid
provision shall apply to the application for approval of the variance.
The period for granting or denying any subsequent approval shall be
as otherwise provided by law. Failure of the Board of Adjustment to
act within the time prescribed shall constitute approval of the application,
and a certificate of the Construction Official as to the failure of
the Board of Adjustment to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for purposes of filing subdivision plats.
[Amended 2-19-1980 by Ord. No. G-177-80]
Q.
Appeals to the Township Committee from Board of Adjustment.
[Amended 2-19-1980 by Ord. No. G-177-80]
(1)
When allowed. Any interested party desiring to may
appeal the decision of the Board of Adjustment granting a use variance
pursuant to this article and N.J.S.A. 40:55-70d.
(2)
All other final decisions of the Board of Adjustment
must be appealed to the Superior Court of New Jersey or other court
of competent jurisdiction within the time required by law.
R.
Time period for appeal. Any such appeal to the Township
Committee shall be made within 10 days of the date of publication
of such final decision by serving the Township Clerk in person or
by certified mail with a notice of appeal specifying the grounds thereof
and the name and address of the appellant and name and address of
his attorney, if represented. Such appeal shall be decided by the
Township Committee only upon the record established before the Board
of Adjustment.
S.
Notice of meeting to consider appeal. Notice of the
meeting at which the appeal is to be considered on the record below
shall be given by the Township Committee by personal service or certified
mail to the appellant or the attorney for appellant, if represented,
to those entitled to notice of a decision pursuant to this article
and to the Board from which the appeal is taken at least 10 days prior
to the date of the meeting. The parties may submit oral and written
argument on the record at such meeting, and the Township Committee
shall provide for verbatim recording and transcripts of such meeting.
T.
Time period for decision. The appellant shall, within five days of service of the notice of the appeal pursuant to § 188-48K hereof, arrange for a transcript pursuant to § 188-54 for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or within 35 days of service of the notice of appeal submit a transcript as otherwise arranged to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute. The Township Committee shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to § 188-48S, unless the applicant consents, in writing, to an extension of such period. Failure of the Township Committee to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.
[Amended 2-19-1980 by Ord. No. G-177-80]
U.
Decision of Township Committee. The governing body
may reverse, remand or affirm, wholly or in part, or may modify the
final decision of the Board of Adjustment. The affirmative vote of
a majority of the full authorized membership of the Township Committee
shall be necessary to reverse, remand or modify any final action of
the Board of Adjustment.
V.
Stay of proceedings. An appeal of a grant of a use
variance to the Township Committee shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Board of Adjustment certifies to the Township Committee,
after the notice of appeal shall have been filed with such Board,
that by reasons of facts stated in the certificate a stay would, in
its opinion, cause imminent peril to life or property. In such case
proceedings shall not be stayed other than by an order of the Superior
Court on application upon notice to the Board of Adjustment and on
good cause shown.
W.
Publication of decision. The Township Committee shall
mail a copy of the decision to the appellant or, if represented, then
to his attorney without separate charge, and for a reasonable charge
to any interested party who has requested it, not later than 10 days
after the date of the decision. A brief notice of the decision shall
be published in the official newspaper of the Township. Such publication
shall be arranged by the Township Clerk, provided that nothing contained
herein shall be construed as preventing the applicant from arranging
such publication if he so desires. The Township Committee shall charge
the applicant the cost for its publication. The period of time in
which an appeal to a court of competent jurisdiction may be made shall
run from the first publication, whether arranged by the Township or
the applicant.
X.
Court review. Nothing in this article shall be construed
to restrict the right of any party to obtain a review by any court
of competent jurisdiction according to law.
Y.
Appeals from the Planning Board. All final decisions
of the Planning Board must be appealed to the Superior Court of New
Jersey or other court of competent jurisdiction.
Z.
Appeals by a public utility. Nothing set forth in § 188-42 shall prevent a public utility pursuant to N.J.S.A. 40:55D-19 from appealing directly to the Board of Regulatory Commissioners of the State of New Jersey from an action of decision by the Board of Adjustment involving an application for a use variance without an appeal first to the Township Committee as permitted by this article. In such case the appeal to the Regulatory Commissioners shall be taken within 35 days after the action or decision of the Board of Adjustment being appealed.
[Amended 10-21-2003]
[Added 5-31-1977 by Ord. No. G-112-77]
A.
Creation. There is hereby established in the Township of Hillside, pursuant to Chapter 291 of the Laws of 1975 (Municipal Land Use Law),[1] a Planning Board of nine members, consisting of four classes
of members as follows:
(1)
Class I: the Mayor of the Township.
(2)
Class II: one of the officials of the Township other
than a member of the Township Committee, to be appointed by the Mayor,
provided that if there is an Environmental Commission, the member
of the Environmental Commission who is also a member of the Planning
Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class
II Planning Board Member for purposes of this article in the event
that there is among the Class IV members of the Planning Board both
a member of the Zoning Board of Adjustment and a member of the Board
of Education.
(3)
Class III: a member of the Township Committee, to
be appointed by said Committee.
(4)
Class IV: six citizens of the Township of Hillside,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office except that one such member may be a member
of the Zoning Board of Adjustment and one member may be a member of
the Board of Education. The member of an Environmental Commission
who is also a member of the Planning Board shall be a Class IV Planning
Board member, unless there is among the Class IV members of the Planning
Board both a member of the Zoning Board of Adjustment and a member
of the Board of Education, in which case the member common to the
Planning Board and Environmental Commission shall be deemed a Class
II member of the Planning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Alternative members of the Planning Board.
[Added 9-19-1978 by Ord. No. G-131-78; amended 2-19-1980 by Ord. No. G-177-80]
(1)
The Township Committee may appoint two alternate members
of the Planning Board for Class IV members and shall meet qualifications
of Class IV members. Alternate members shall be designated at the
time of appointment by the Mayor as "Alternate No. 1" and "Alternate
No. 2." The terms of the alternate members shall be for two years,
except that the terms of the alternate members shall be such that
the term of not more than one alternate member shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filed by the
appointing authority for the unexpired term only. An alternate member
may, after public hearing if he requests one, be removed by the governing
body for cause.
(2)
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
C.
Terms.
(1)
The terms of the Mayor shall correspond to his official
tenure.
(2)
The terms of the members composing Class II and Class
III shall be for one year or terminate at the completion of their
respective terms of office, whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission.
(3)
The term of a Class II or Class IV member who is also
a member of the Environmental Commission shall be for three years
or terminate at the completion of his term of office as a member of
the Environmental Commission, whichever occurs first.
(4)
The term of a Class IV member who is also a member
the Board of Adjustment or Board of Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first.
(5)
The terms of all Class IV members first appointed
under this article shall be so determined that, to the greatest practicable
extent, the expiration of such term shall be distributed evenly over
the first four years after their appointment, provided that the initial
Class IV term of no member shall exceed four years. Thereafter the
Class IV term of each such member shall be four years.
(6)
Nothing contained herein shall affect the term of
any present member of the Planning Board, all of whom shall continue
in office until the completion of the terms for which they were appointed
pursuant to N.J.S.A. 40:55D-23. Those members of the Planning Board
who are appointed pursuant to N.J.S.A. 40:55D-23 as alternate members
of the Planning Board shall expire.
(7)
If a vacancy in any class shall occur otherwise than
by expiration of the Planning Board term, it shall be filled by appointment,
as above provided, for the unexpired term. No member of the Planning
Board shall be permitted to act on any matter in which he has, either
directly or indirectly, any personal or financial interest. Any member
other than a Class I member, after a public hearing if he requests
one, may be removed by the governing body for cause.
D.
Organization of the Board.
(1)
The Planning Board shall elect a Chairman and Vice
Chairman from the members of Class IV and select a Secretary who may
or may not be a member of the Planning Board or a municipal employee.
(2)
The Planning Board Chairman may appoint from among
the members of the Board a Subdivision and Site Plan Committee to
review report and make recommendations to the full Board regarding
subdivision and site plan applications pending before the Board. The
Planning Board Chairman may also appoint from among the members of
the Board such other committees as the Chairman may deem advisable
in carrying out the functions of the Planning Board.
(3)
The Planning Board may employ or contract for and
fix the compensation of legal counsel, other than the Municipal Attorney,
and experts and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the governing body.
E.
Powers of the Planning Board. The Planning Board shall
have such powers and authority to:
[Amended 2-19-1980 by Ord. No. G-177-80]
F.
Time periods governing requests for relief.
(1)
Time periods. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 188-49E of this article, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer 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 approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Municipal Planning Board shall condition an 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.
G.
Review of capital projects. Whenever the Planning
Board shall have adopted any portion of the Master Plan, the Township
Committee or other public agency having jurisdiction over the subject
matter, before taking action necessitating the expenditure of any
public funds, incidental to the location, character or extent of such
project, shall pursuant to N.J.S.A. 40:55D-31 refer the action involving
such specific project to the Planning Board for review and recommendation
in conjunction with such Master Plan and shall not act thereon without
such recommendation or until 45 days have elapsed after such reference
without receiving such recommendation. This requirement shall apply
to action by a housing, parking, highway, special district or other
authority, redevelopment agency, school board or other similar public
agency, state, county or municipal.
H.
Referrals and recommendations.
(1)
Prior to the adoption by the Township Committee of
a development regulation, revision or amendment thereto, the Planning
Board pursuant to N.J.S.A. 40:55D-26a shall make and transmit to the
Township Committee, within 35 days after referral, a report including
recommendations concerning the proposed development regulation, revision
or amendment. The Township Committee when considering the adoption
of a development regulation, revision or amendment thereto shall review
the report of the Planning Board and may disapprove or change any
recommendation by a vote of a majority of its full authorized membership
and shall record in its minutes the reason for not following such
recommendation. Failure of the Planning Board to transmit its report
within the thirty-five-day period provided herein shall relieve the
Township Committee from the requirements of this subsection in regard
to the proposed development regulation, revision or amendment thereto
referred to the Planning Board.
(2)
The Township Committee pursuant to N.J.S.A. 40:55D-26b
may by ordinance provide for the reference of any matter or class
of matters to the Planning Board before final action therein by a
municipal body or municipal officer having final authority thereon.
Such reference shall not extend the time for action by the referring
body, whether or not the Planning Board has submitted its report.
Whenever the Planning Board shall have made a recommendation regarding
a matter authorized by N.J.S.A. 40:55D-1 et seq. to another municipal
body, such recommendation may be rejected only by a majority of the
fully authorized membership of such other body.
(3)
The Planning Board may exercise other duties as may be assigned to it by ordinance or resolution of the Township Committee and perform such other functions as may be authorized by the New Jersey Municipal Land Use Law (Chapter 291 of the Laws of 1975)[2] and other state statutes and administrative regulations.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 5-31-1977 by Ord. No. G-112-77; amended 2-19-1980 by Ord. No. G-177-80]
No member or alternative member of the Planning
Board or Zoning Board of Adjustment shall act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any discussion or decision
relating thereto. A member may, after public hearing if he requests
it, be removed by the governing body for cause.
[Added 5-31-1977 by Ord. No. G-112-77]
A.
Meetings of both the Planning Board and Zoning Board
of Adjustment shall be scheduled no less often than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
B.
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
C.
No action shall be taken at any meeting without a
quorum being present.
D.
All actions shall be taken by a majority vote of the members present at the meeting except as otherwise required by any provision of Chapter 291 of the Laws of New Jersey 1975 and its amendments and additions.[1]
[Amended 2-19-1980 by Ord. No. G-177-80]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
Chapter 231 of the Laws of New Jersey 1975.[2] An executive session for the purpose of discussing and
studying any matters to come before either Board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[2]
Editor's Note: See N.J.S.A.10:4-6.
Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a fee for reproduction of the minutes for his use as
provided for in the rules of the Board.
[Amended 6-27-2000; 10-19-2004
Fees for application or for the rendering of
any service by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staffs which is not otherwise provided
by ordinance may be provided for and adopted as part of the rules
of the Board, and copies of said rules or of the separate fee schedule
shall be available to the public.
A.
Planning and Zoning Board Fee Schedule.
(1)
$300 per adjournment, after first request.
(2)
$300 for informal work sessions (Planning Board only).
(3)
$300 for each additional hearing date, if hearing
carried over.
(8)
Preliminary site plan approval: industrial.
(a)
Industrial uses up to 5,000 square feet of gross
building floor area: $300; 5,001 to 20,000 square feet: $400, plus
$0.02/square foot of gross floor area; more than 20,000 square feet:
$500, plus $0.03/additional square foot; $1,500 escrow.
(9)
Preliminary site plan approval: commercial.
(a)
Commercial uses up to 5,000 square feet of gross
building floor area: $300; from 5,001 to 20,000 square feet: $400,
plus $0.02/square foot of gross building floor area; greater than
20,000 square feet: $500, plus $0.03/square foot of gross building
floor area. Escrow fee for nonresidential application not involving
new buildings: one to 25 parking spaces: $500; 26 to 400 spaces: $750;
more than 100 spaces: $1,000.
(10)
Final site plan approval: Residential.
(a)
50% of application fee; $1,000 escrow base fee;
escrow unit fee: $50/lot or dwelling.
(11)
Final site plan approval: commercial.
(a)
50% of preliminary application fee; escrow fee:
100% of preliminary application fee.
(12)
Final site plan approval: industrial.
(a)
50% of preliminary application fee; escrow fee:
100% of preliminary application fee.
(13)
Minor subdivision approval: residential.
(a)
$400 application fee and escrow base fee of
$300 and $200/lot.
(15)
Minor subdivision approval: industrial.
(a)
$500 application fee, plus $50 for each subdivision
in lot; any improvements will be 5% of the engineer's estimate; $1,000
escrow.
(17)
Major subdivision approval: commercial.
(a)
$600, plus $250/lot; $2,500 escrow fee; escrow
unit fee preliminary major subdivision: $50/lot or dwelling unit.
(18)
Major subdivision approval: industrial.
(a)
$600, plus $250/lot; $2,500 escrow fee; escrow
unit fee preliminary major subdivision: $50/lot or dwelling unit.
(19)
(20)
Appeal of Zoning Officer decision: $300; escrow
fee: $500.
(21)
Interpretation of Zoning Ordinance: $300; escrow
fee: $500.
(22)
Modification of previously approved plans without
change to floor area: 50% of original application fee; escrow fee:
$1,000.
(23)
Modification of all plans: 50% of original application
fee.
B.
The initial application fee entitles the applicant
to a professional review of the application along with one three-hour
hearing and a resolution once a decision is made. Should the applicant
require additional hearing time beyond the original three hours, an
additional assessment is levied in the amount of 1/2 the application
fee for every additional three hours of hearing. In the case of a
nondeveloper applicant, an additional fee of $150 shall become due
upon the third inspection until the project is complete.
[Added 6-27-2000]
A.
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this article.
B.
Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 1938 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
E.
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense. The Township shall not charge such interested party more
than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall
be certified, in writing, by the transcriber to be accurate.
[Amended 2-19-1980 by Ord. No. G-177-80]
[Added 5-31-1977 by Ord. No. G-112-77]
Whenever a hearing is required on an application
for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant
shall give notice thereof as follows:
A.
Public notice shall be given by publication in the
official newspaper of the municipality at least 10 days prior to the
date of the hearing.
B.
Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located in the
state and within 200 feet in all directions of the property which
is the subject of such hearing, provided that this requirement shall
be deemed satisfied by notice to the condominium association, in the
case of any unit owner whose unit has a unit above or below it, or
horizontal property regime, in the case of any co-owner whose apartment
has an apartment above or below it. Such notice shall be given by
serving a copy thereof on the owner as shown on said current tax duplicate
or his agent in charge of the property or by mailing a copy thereof
by certified mail to the property owner at his address as shown on
said current tax duplicate. A return receipt is not required. Notice
to a partnership owner may be made by service upon any partner. Notice
to a corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
[Amended 2-19-1980 by Ord. No. G-177-80]
C.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan
adjoining other county land or situate within 200 feet of a municipal
boundary.
E.
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of Chapter 291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
G.
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required
shall be deemed complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
[Added 5-31-1977 by Ord. No. G-112-77]
A.
Hearings shall be held on development applications
whenever required by the Municipal Land Use Law[1] and when any of the following are involved:
(1)
An application before the Planning Board for preliminary
major subdivision approval.
(2)
An application before the Planning Board for preliminary
site plan approval, except where the site plan involves two acres
of land or fewer.
(3)
An application before the Planning Board for final
site plan approval involving more than two acres where there has been
substantial and significant amendments in the layout of improvements
and otherwise in the site plan which was previously granted preliminary
approval.
(4)
The adaptation, revision or amendment of the Master
Plan or any part thereof by the Planning Board.
(5)
Any application before the Board of Adjustment.
(6)
An application for development before the Planning
Board, in which relief is requested pursuant to § 188-49D(6)
of this article.
(7)
Adoption, revision or amendment of any development
regulations by the Township Committee.
(8)
Adoption revision or amendment of the Township Official
Map by the Township Committee.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Notwithstanding any other provisions of this article,
nothing contained herein shall be construed to require hearings by
the Planning Board on minor subdivisions or applications for final
major subdivision or applications or final site plan approval.
[Added 5-31-1977 by Ord. No. G-112-77; amended 2-19-1980 by Ord. No. G-177-80]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality shall within seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25 per name or $10, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 188-55 of this article.
[Added 5-31-1977 by Ord. No. 5-31-1977;
amended 2-19-1980 by Ord. No. G-177-80]
A.
Each decision on any application for development shall
be reduced to writing as a resolution of the Board and shall include
findings of fact and conclusions based thereon.
B.
Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
C.
The Board may provide such written decision and findings
and conclusions either on the date of the meeting at which the Board
takes to grant or deny the approval or, if the meeting at which such
action is taken occurs within the final 45 days of the applicable
time period for rendering a decision of the application for development,
within 45 days of such meeting by adoption of a resolution of memorialization
setting forth the decision and findings and conclusions of the municipal
agency thereon.
(1)
An action resulting from the failure of a motion to
approve an application shall be memorialized by resolution as provided
above, notwithstanding the time at which such action occurs within
the applicable time period for rendering a decision on the application.
(2)
The adoption of a resolution of memorialization pursuant
to this subsection shall not be construed to alter the applicable
time period for rendering a decision of the application for development.
Such resolution shall be adopted by a vote of the majority of the
members of the municipal agency who voted for the action previously
taken, and no other member shall vote thereon.
(3)
The vote on such resolution shall be deemed to be
a memorialization of an action of the municipal agency and not to
be an action of the municipal agency, except that failure to adopt
such a resolution within the forty-five-day period shall result in
the approval of the application for development, notwithstanding any
prior action taken thereon.
(5)
At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such an informal review. The developer shall not be bound
by any concept plan for which review is requested, and the Planning
Board shall not be bound by any such review.
(6)
A member of a municipal agency who was absent for
one or more meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearing from which he was absent and certifies, in writing,
to the Board that he has read such transcript or listened to such
recording.
D.
A copy of the decision shall be mailed by the Board
within 10 days of the date of decision to the applicant or if represented,
then to his attorney without separate charge. A copy of the decision
shall also be mailed to all persons who have requested it and who
have paid the fee prescribed by the Board for such service. A copy
of the decision shall also be filed in the office of the Municipal
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the municipality.
[Added 5-31-1977 by Ord. No. G-112-77]
A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
[Added 5-31-1977 by Ord. No. G-112-77]
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or to the Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application,
or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provision for the payment thereof in such
manner that the municipality will be adequately protected.
[Added 5-31-1977 by Ord. No. G-112-77]
All sections of the Article I, Subdivision of Land, of this chapter, Article III, Site Plan Review, of Chapter 121, Building, Housing and Property Maintenance, or any other ordinance of the Township of Hillside which contains provisions contrary to the provisions of this article shall be and are hereby (to the extent of such inconsistency) repealed.
[Added 5-31-1977 by Ord. No. G-112-77]
Pursuant to the provisions of Chapter 291 of the Laws of New Jersey 1975, Section 81, Article I, Subdivision of Land, of this chapter, Article III, Site Plan Review, of Chapter 121, Building, Housing and Property Maintenance, the substantive provisions of and the development regulations set forth therein shall continue in full force and effect until the Township exercises the authority delegated by said statute to regulate development.
[Added 5-31-1977 by Ord. No. G-112-77]
All applications for development filed prior
to the effective date of this article may be continued, but any appeals
arising out of decisions made on any such application shall be governed
by the provisions of Article IV of this article.
[Added 5-31-1977 by Ord. No. G-112-77]
Immediately upon adoption of this article, the
Municipal Clerk shall file a copy of this article with the County
Planning Board as required by law. The Clerk shall also file with
said County Planning Board copies of all other ordinances of the municipality
relating to land use, such as the Subdivision, Zoning and Site Plan
Review Ordinances.
[Added 8-2-1988 by Ord. No. G-283-88]
Townhouse and condominium flats as defined below
shall be permitted in Zones OC, RC, HC and LI, provided that the requirements
for the same contained herein are met:
A.
CONDOMINIUM FLATS
TOWNHOUSE
As used in this section, the following terms shall
have the meanings indicated:
Single-family occupancy dwelling units joined together by
common horizontal and vertical structural elements and including patios,
porches and garages. "Condominium flats" shall be arranged in building
elements containing not more than 12 dwelling units. Not more than
two such building elements may be attached in an architecturally harmonious
configuration.
A single-family attached dwelling unit within a building
structure containing more than three but not more than six single-family
dwelling units, provided that each single dwelling unit is attached
to other similar dwelling units by one or more party walls or portions
thereof extending from the foundation to the roof.
B.
Area and density requirements:
(1)
Minimum area. Each development shall have a minimum
area of 30,000 square feet.
(2)
Maximum density. There shall be no more than 15 dwelling
units per acre.
(3)
Maximum coverage. The total ground floor area of all
buildings shall not exceed 355 of the lot area of the apartment development.
The total area of all impervious surfaces, including buildings, shall
not exceed 65% of the lot area of the apartment development.
C.
Setback requirements. No principal building shall
be located within 30 feet of a street right-of-way nor within 15 feet
of any property line.
D.
Distance between buildings. There shall be a minimum
distance between dwelling structures of 30 feet plus 1/2 foot for
each foot of opposite building wall length exceeding 51 feet up to
a maximum of 75 feet between buildings. This provision shall apply
to walls of the same building facing one another such as in a courtyard
formed by a U-shaped building. Notwithstanding the foregoing, whenever
a driveway is located between buildings, the minimum distance between
building walls shall be 50 feet.
E.
Building requirements.
(1)
Height. No building shall exceed a height of 40 feet.
Main roofs shall have a minimum grade of five inches per foot.
(3)
No more than four dwelling units in an unbroken building
line, with a setback of at least four feet, deemed to be a satisfactory
break in the building line.
(4)
Vertical masonry fire walls shall be installed between
all units to the roof rafters, and with the equivalent soundproofing
to eight-inch-thick concrete blocks.
(5)
Floors and ceilings and partitions between apartment
units shall be constructed so as to produce an airborne sound transmission
loss of at least 50 decibels. Reasonable measures shall be taken in
floor and ceiling construction to avoid disturbing levels of impact
sound.
(6)
Each unit shall be a minimum of 17 feet wide.
F.
Dwelling unit requirements.
(1)
Each dwelling unit shall contain as a minimum a separate
living room, a separate bedroom, a separate bath and a kitchen, which
kitchen facility shall be located separate and apart from other rooms
in the unit with the exception of the dining area.
(2)
Minimum floor area. Each dwelling unit shall have
a minimum floor area of 450 square feet, plus 150 square feet for
each habitable room other than a living room, dining room or kitchen.
(3)
Each dwelling unit shall have two exterior exposures,
with as least one window in each exposure.
(4)
Each dwelling unit shall have two means of access
to the outside. These may consist of either two doorways or one doorway
plus a sliding ground-floor window wall.
(5)
A space shall be provided for storage, utilities and
location of washers, dryers, water heaters and heating units in each
unit at least 50 square feet in size or as directed by other codes.
G.
Off-street parking and internal roadways.
(1)
Parking spaces required. At least two off-street parking
spaces shall be provided for each dwelling.
(a)
Each townhouse unit must contain a garage, minimum
size 10 feet by 20 feet.
(b)
Condominium developments shall have at least
20% of the total required parking spaces enclosed within the principal
buildings, attached to them or otherwise planned so as to avoid detached
rows of multiple garages.
(c)
Townhouse and condominium developments must
provide one additional space for every four dwelling units.
(d)
No parking is permitted within the required
front yard or within a required buffer strip.
(2)
Parking space size. Each parking space shall have
a minimum length of 20 feet (18 feet where curb over overhand is provided)
and a minimum width of nine feet measured perpendicular to the axis
of the length.
(3)
Parking aisle widths.
(a)
The provision of parking spaces shall also include
adequate driveway and necessary turning areas for handling the vehicles
for which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
it without requiring the moving of any other motor vehicles. Aisles
providing access to parking spaces shall have the following minimum
dimensions. Where the angle of parking is different on both sides
of the aisle, the larger aisle width shall prevail.
|
Angle of Parking Space
|
1-Way Aisle
(feet)
|
2-Way Aisle
(feet)
| |
|---|---|---|---|
|
90°
|
Prohibited
|
24
| |
|
60°
|
18
|
20
| |
|
45°
|
15
|
20
| |
|
30°
|
12
|
18
| |
|
Parallel
|
12
|
18
|
(4)
Parking setbacks.
(a)
All off-street parking and loading areas, except
for parking which is accessory to multifamily dwellings, shall be
located a minimum of 10 feet from all buildings, street and property
lines (except front yards).
(b)
No access drives or parking spaces shall be
closer than 10 feet to a building, except where parking is under or
within a building.
(c)
Access drives and parking areas shall be developed
according to Township specifications for paving and curbs, as related
to driveways and parking areas.
(5)
Surfacing. All parking and loading areas and access
drives shall be paved as outlined below or the equivalent as determined
by the Township Engineer and approved as part of the development application
approval. All parking areas, regardless of size and location, shall
be paved, drained and maintained.
(a)
Areas of ingress or egress, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience similar heavy traffic shall be paved with not less than
four inches of compacted base course of plant-mixed bituminous, stabilized
base course, constructed in layers of not more than two inches compacted
thickness and prepared and constructed in accordance with Division
3, § 2A, of the New Jersey State Department of Transportation
Standard Specifications for Roads and Bridge Construction (1983) and
amendments thereto. A minimum two-inch-thick compacted wearing surface
of bituminous concrete (FABC) shall be constructed thereon in accordance
with Division 3, § 10, of the aforesaid New Jersey State
Department of Transportation specifications and amendments thereto.
(6)
Location of parking and loading.
(7)
Lighting. All common areas such as walkways, access
drives and parking areas shall be adequately illuminated. Ornamental-type
fixtures shall be used wherever possible. Sufficient details should
be shown on site plans.
(8)
Landscaping and screening.
(a)
A dense evergreen material, not less than four
feet in height, shall be provided between the off-street parking areas
and any lot line or street line. There shall be a minimum of one tree
and five deciduous or coniferous shrubs for every 2,000 square feet
of lot area.
H.
Building design. Proposed structures shall be related
harmoniously to the terrain and to existing buildings in the vicinity.
Sufficient details of the proposed exterior finishes shall be shown
on the building plans. If requested, sample materials and renderings
shall be submitted for Township approval.
I.
Trash and garbage. There shall be at least one trash
and garbage pickup location provided by each building which shall
be separated from the parking spaces by either a location within the
building or in a pickup location outside the building which shall
be a steel-like, totally enclosed container located in a manner to
be obscured from view from parking areas, streets and adjacent residential
uses or zoning district by a fence, wall, planting or combination
of the three. If located within the building, the doorway may serve
both loading and trash/garbage functions, and if located outside the
building, it may be located adjacent to or within the general loading
area(s), provided that the container in no way interferes with or
restricts loading and unloading functions. All refuse containers must
comply with requirements of the Federal Consumer Product Safety Commission.
Suitable arrangements for private pickup of refuse must be made.
J.
Site maintenance. All buildings, paved areas, landscaping
and other site facilities and improvements shall be maintained at
all times. Dead trees or shrubs shall be replaced by the owner or
association. To comply with these provisions, any necessary replacements
or repairs shall be made within 30 days of notification by the Township.
The proposal addressing how common areas will be maintained (e.g.,
lawn maintenance, trimming trees and shrubbery, snow removal, trash
pickup, etc.) shall be submitted with the site plan.
K.
General provisions and requirements.
L.
Recycling.
(1)
Each individual unit should be designed to accommodate
a week's accumulation of paper, glass, aluminum or other recyclable
materials. This can be accomplished by allowing space under the sink
areas or in a closet for a three-tier stacking unit or for five-gallon
buckets. This would occupy only about three square feet of floor area
and would give residents a convenient area for storing their recyclables.
(2)
A central location should be provided so that residents
can drop off their source-separated recyclables for storage until
collection occurs. A suggested location for these sites would be near
the refuse receptacle units. These could be outdoor recycling bins
located near the refuse units or in a common area of the condominium
units, for example, near the laundry room. These storage areas should
be easily accessible for the residents of the building to drop off
their materials. They should also be planned with truck access in
mind in order to facilitate loading of materials for delivery to markets.
In a multistory building, a space provided on each floor will produce
the highest participation rates. The bins should be clearly labeled,
so it is obvious they are for recyclables and not trash.
(3)
It is also important that these storage areas be designed
in compliance with local fire codes.
[Added 5-7-1996; amended 4-24-2007]
A.
Introductory provisions.
(1)
Preliminary UEZ establishment. The Township of Hillside,
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq., has been approved as of April 12, 1996, as an Urban Enterprise
Zone.
(2)
UEZ Coordinator. The Township of Hillside has established
that there shall be an Urban Enterprise Zone Coordinator who shall,
among other duties, accept applications; verify that the business
applicant is within the designated zone; answer questions; dispense
information and provide any other legitimate assistance to zone applicants,
members and the Township to further the goals of the UEZ program.
(3)
Designation of Zone. The Township of Hillside governing
body accepts the designation by the Urban Enterprise Zone Authority
of the area so described in its zone application and the designation
of the zone development plan, as formulated and approved in the previously
passed resolution.
B.
Zone Development Corporation.
(1)
Statutory authority. Pursuant to N.J.S.A. 52:27H-67,
there shall be created a nonprofit corporation, to be incorporated
under Title 15A of the New Jersey Statutes, which shall function as
the zone development corporation and it shall be known and incorporated
under the name "Township of Hillside Zone Development Corporation."
(2)
Purpose and function of corporation.
(a)
The corporation shall be charged with implementing
the zone development plan previously approved by the Township Council
and submitted in support of the Township's application for designation
of the enterprise zone within the Township of Hillside. The corporation
shall implement the zone development plan and shall be responsible
to:
[1]
Utilize the powers conferred on the municipality
by law for the purpose of stimulating investment in and economic development
of the UEZ.
[2]
Secure involvement in, and commitment to, zone
economic development by private entities, including zone neighborhood
associations, voluntary community organizations supported by residents
and businesses in the zone.
[3]
Utilize the powers conferred by law to propose
revisions to municipal planning and zoning ordinances and other land
use regulations as they pertain to the zone, in order to enhance the
attraction of the zone to prospective developers.
[4]
Increase the availability and efficiency of
support services, public and private, generally used by and necessary
to the efficient functioning of commercial and industrial facilities
in the area, and the extent to which the increase or improvement is
to be provided and financed by the municipal government or by other
entities.
(3)
Certificate of incorporation.
(a)
The Township of Hillside is hereby authorized
to act as an incorporator to create the nonprofit corporation. The
Township Clerk is hereby authorized to execute and file a certificate
of incorporation containing provisions authorized by and consistent
with this section and required by law. The Mayor and the Township
Clerk are hereby further authorized to execute any and all additional
documents necessary to effectuate the express purposes of this section.
(b)
The certificate of incorporation shall include
the initial address of the corporation's registered office, which
shall be the office address of the Township Clerk of the Township
of Hillside and the name of the corporation's initial registered agent
who shall be the Township Clerk at that address as required by the
New Jersey Nonprofit Corporation Act.[1] Thereafter, the Board of Trustees may change the corporation's
registered office and the corporation's registered agent consistent
with the provisions of N.J.S.A. 15A:1-1 et seq.
[1]
Editor's Note: See N.J.S.A. 15A:1-1 et seq.
(c)
The certificate of incorporation shall also
contain the names and addresses of the Board of Trustees of the corporation
and such additional information as may be required by the New Jersey
Nonprofit Corporation Act.
(4)
Board of Trustees.
(a)
The initial Board of Trustees, which shall be
broadly representative of the government, businesses and residential
communities within the Township of Hillside, shall serve as the Board
of Directors of the Corporation and shall be appointed by majority
vote of the Township Council, with their names and addresses provided
in the Corporation's certificate of incorporation or bylaws, according
to law.
(b)
The Board of Trustees shall consist of nine
members as follows:
[1]
Three members of the Township Council whose
terms shall run for a period of three years.
[2]
Three members from the Township's business community
whose terms shall run for a period of one year.
[3]
Three resident members from the Township community
whose terms shall run for a period of one year.
(c)
All members of the Board of Trustees shall serve
on a nonsalaried basis and shall serve until a successor is appointed.
(5)
Voting procedures. All ordinary business conducted
by the Enterprise Zone Development Corporation shall be approved by
a simple majority of those Board members who are present at any regular
or special meeting of the Board of Directors. However, amendments
to the zone development corporation's bylaws, modification of zone
boundaries, proposals for projects to receive money from the Zone
Assistance Fund, the hiring of an Enterprise Zone Administrator and
the hiring of professional, technical and consultant personnel shall
require the affirmative vote of 2/3 of the entire Board of Directors.
(6)
Bylaws; Enterprise Zone Administrator; hiring of additional
personnel.
(a)
The Trustees of the Corporation shall develop
bylaws for the Corporation, which shall include an executive officer
to be known as the Enterprise Zone Administrator. The Board shall
develop qualifications for the Zone Administrator, and shall thereafter
appoint an administrator who meets these qualifications for a term
not to exceed four years. The Board may thereafter reappoint the same
individual as Zone Administrator for successive terms, provided that
no term shall exceed four years. The Board shall also hire such other
persons, including professional persons, as may be necessary for the
efficient operation of the Enterprise Zone Corporation. The UEZ Coordinator,
if duly qualified, may serve as the Zone Administrator.
(b)
The Board shall also hire such other persons,
including professional persons or administrative personnel, as may
be necessary for the efficient operation of the Enterprise Zone Corporation.
Upon the affirmative vote of at least five members of the Board of
Directors of the Corporation, the Board may engage the services of
such professional persons as may be necessary for the efficient operation
of the Enterprise Zone Corporation. Nothing herein shall prevent the
Board from entering into an interlocal agreement with a neighboring
enterprise zone municipality for the services of an administrator
or staff.
(7)
Reimbursement of startup money. The Corporation shall
reimburse to the Township any start-up monies paid by the Township
from funds collected or received by the Corporation as soon as such
funds are reasonably available. Once the Corporation has been created
and organized, and any initial funds provided by the Township, the
Township shall not be compelled to contribute additional funds to
the Corporation.
(8)
Duration of Corporation. The certificate of incorporation
shall provide that the duration of the Corporation shall be for a
period of 20 years following the date of incorporation, consistent
with N.J.S.A. 52:27H-66, which provides that any designation of an
enterprise zone shall be for a period of 20 years and shall not be
renewed at the end of that period. Should Title 52 be amended allowing
for the existence of designated enterprise zones for a period in excess
of 20 years, the certificate of incorporation shall be amended to
extend the duration of the corporation for the period of time so designated
by state statute.
(9)
Tax exempt status. The Board of Trustees of the Corporation
is authorized to apply to the federal government for tax-exempt status
under Section 501c(3) of the Internal Revenue Code or the corresponding
section of any future federal tax code. Consistent with the requirements
contained therein, the following provisions apply:
(a)
No part of the net earnings of the Corporation
shall inure to the benefit of or be distributed to its members, trustees,
officers, or other private persons, except that the Corporation shall
be authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of
the purposes set forth in the purpose clause hereof. No substantial
part of the activities of the Corporation shall be the carrying on
of propaganda, or otherwise attempting to influence legislation, and
the Corporation shall not participate in or intervene in (including
the publishing or distribution of statements) political campaigns
on behalf of any candidate for public office. Furthermore, the Corporation
shall not carry on any other activities not permitted to be carried
on by a corporation exempt from federal income tax under Section 501c(3)
of the Internal Revenue Code, or corresponding section of any future
federal tax code, or by a corporation, contributions to which are
deductible under Section 170c(2) of the Internal Revenue Code, or
corresponding section of any future federal tax code.
(b)
Upon the dissolution of the Corporation, assets
shall be distributed for one or more exempt purposes within the meaning
of Section 501c(3) of the Internal Revenue Code, or corresponding
section of any future federal tax code, or shall be distributed to
the federal government or to a state or local government for public
purposes. Any such assets not disposed of shall be disposed of by
a court of competent jurisdiction located within the county in which
the principal office of the Corporation is then located, exclusively
for such purposes or to such organizations as said court shall determine
which are organized or operated for such purposes.
[Added 3-25-2003]
Places of general assembly shall meet with the
area and bulk requirements of the particular zone and the applicable
state-adopted Building and Fire Codes and additional requirements.
A.
Minimum lot area: 20,000 square feet.
B.
Minimum frontage: 200 feet.
C.
D.
All buildings shall be located at least 50 feet from
a side property line and 50 feet from a rear property line, with a
twenty-five-feet front yard setback.
E.
Any property so used shall front on an arterial or
collector street, and said property shall have a minimum lot width
of 200 feet.
F.
Off-street parking shall be provided in accordance
with the following:
(1)
All parking areas and driveways shall be located at
least 50 feet from a residential district property line, at least
25 feet from any other property line or from a street and at least
10 feet from a building.
(2)
No parking shall be permitted within the front yard
setback.
(3)
Parking for places of public assemblage, places of
worship, halls and auditoriums: one parking space per three seats;
one space per six lineal feet of pew or one space per 25 square feet
of assembly area if not fixed seats, based on maximum seating capacity,
whichever is greater.
(4)
Parking lots shall be screened by a fence no higher
than six feet and/or landscaped buffer which shall be not less thin
50 feet in width when adjacent to a residence or residential zoned
property.
G.
Where an accessory use(s) is/are part of the application,
a combined/shared parking arrangement may be permitted by the approving
agency if the applicant can demonstrate that such combined/shared
on-site parking will not adversely impact the health, safety and welfare
of the citizens of Hillside in the area; however, the area waived
for parking shall remain as additional open space on site for possible
future parking.
