Unless otherwise stated in this chapter, the
provisions of this article shall be applicable to all districts.
[Added 8-6-2018 by Ord.
No. 2018-10]
A.
Prohibited uses generally. Any use of any building or premises in
such a manner that the health, safety, morals or welfare of the community
may be endangered is prohibited.
B.
The following uses are specifically prohibited in any zoning district:
(1)
Auction markets where goods, wares or merchandise of any description
whatsoever are offered for sale to the highest bidder.
(2)
Massage parlors.
(3)
Heavy commercial trucking garages.
(4)
Sale of explosives and similar products.
(5)
Yards for scrapped or junked motor vehicles, vehicle parts,
tires, metal, lumber, paper, rags and similar materials.
(6)
Vaping parlors and cigar lounges.
(7)
Retail marijuana dispensaries.
(8)
No land or building in any zoning district within the Borough
of Leonia shall be used or shall be allowed to be used as any classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P.L. 2021, c. 16.[1]
[Added 7-19-2021 by Ord.
No. 2021-06]
[1]
Editor's Note: See N.J.S.A. 24:6I-3.
[Added 7-20-2020 by Ord. No. 2020-17]
A.
All multifamily residential development, including the residential
portion of a mixed-use project, which consists of five or more new
residential units, over and above that which is currently permitted,
whether permitted by a zoning amendment, a use variance granted by
the Zoning Board, or adoption of a redevelopment plan or amended redevelopment
plan in areas in need of redevelopment or rehabilitation, shall require
that an appropriate percentage of the residential units be set aside
for very-low-, low- and moderate-income households.
B.
This requirement shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development
that does not result in a net increase in the number of dwellings
of five or more.
C.
For inclusionary projects in which the affordable units are to be
offered for sale, the set-aside percentage should be 20%; for projects
which the affordable units are to be offered for rent, the set-aside
percentage should be 15%.
D.
The developer shall provide that 1/2 of the affordable units constructed
be reserved for low-income households and that the remaining 1/2 be
reserved for moderate-income households. At least 13% of all restricted
units shall be very-low-income units (affordable to a household earning
30% or less of median income). The very-low-income units shall be
counted as part of the required number of low-income units within
the development.
E.
Subdivision and site plan approval shall be denied by the Board unless
the developer complies with the requirements to provide very-low-,
low- and moderate-income housing pursuant to the provisions of this
section. A property shall not be permitted to be subdivided so as
to avoid meeting this requirement. The Board may impose any reasonable
conditions to ensure such compliance.
F.
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of redevelopment
plan or amended redevelopment plan in area in need of redevelopment
or rehabilitation or for approval of any particular proposed project.
G.
In the event that the inclusionary set-aside percentage (15% or 20%)
of the total number of residential units does not result in a full
integer, the developer shall round the set-aside upward to construct
a whole additional affordable unit.
No land or premises may be used and no building
or structure may be erected, raised, moved, extended, enlarged, altered
or used for any purpose, other than a purpose permitted herein, in
the district so located, and all construction shall be in conformity
with the regulations provided for the district in which such building
or premises is located. The control and regulation of the nature and
extent of uses of structures as herein provided shall apply equally
to the nature and extent of the uses of land.
No accessory structure may be built on any lot
on which there is no principal building or structure. Unless otherwise
regulated in this chapter, accessory structures shall meet the following
conditions:
A.
Accessory structures in District A.
(1)
Accessory structures shall not exceed one story nor
15 feet in height. No shed on property shall exceed 10 feet in height
or have an area greater than 120 square feet.
[Amended 9-9-2020 by Ord. No. 2020-06]
(2)
No accessory structure shall be nearer than 50 feet
to the street line nor, in the case of a corner lot, nearer than 25
feet to the side street, but in no event shall an accessory structure
be located nearer to any street line than the principal building.
(3)
Accessory structures erected in a side yard shall
meet the side yard requirements of the principal building.
(4)
Accessory structures erected in the rear yard shall
be at least three feet from a side or rear property line.
(5)
Accessory structures shall be at least 10 feet from
a principal building and at least six feet from another accessory
structure.
(6)
Not more than one garage structure may be placed on
a lot.
(7)
Not more than 25% of the rear yard area may be devoted
to accessory structures.
(8)
All satellite earth station antenna, commonly referred
to as "dish antennae," shall be deemed accessory building and shall
be subject to all regulations set forth in this chapter governing
accessory structures.
[Added 4-7-1986 by Ord. No. 1020]
C.
Accessory structures in District D. Accessory structures in District D shall meet the requirements of Subsection A.
D.
Accessory structures in District LI. For the purposes
of this chapter, accessory buildings in District LI shall meet the
requirements for principal buildings. No such accessory building shall
be located closer to another building than the height of the lower
building.
E.
Solar energy systems are permitted in all zoning districts and shall
meet the following requirements.
[Added 12-18-2017 by Ord.
No. 2017-22]
(1)
Permit requirements.
(a)
Before any solar energy system may be installed, plans for such
installation shall be submitted to the Leonia Construction Official.
No solar energy system shall be installed without a permit issued
by the Borough.
(b)
The applicant shall submit a certification prepared by licensed
architect or other comparable professional that the design of the
solar energy system complies with all applicable construction and
zoning regulations. The manufacturer specifications shall be submitted
as part of the application.
(c)
A copy of the permit shall be provided to the Leonia Fire Prevention
Officer.
(2)
Installation requirements.
(a)
Solar panels may be mounted on a principal building or accessory
building.
(b)
Roof-mounted solar panels shall be mounted parallel to the roof
angle and shall not exceed a height of 12 inches above the rooftop.
No such mounted solar panel shall exceed the maximum permitted height
of the structure.
(c)
A roof-mounted solar panel that is mounted on a flat roof may
be angled to achieve maximum sun exposure but shall not exceed five
feet above the roof. No such mounted solar panel shall exceed the
maximum permitted height of the structure.
(d)
All roof-mounted solar panels shall be installed at least three
feet from the roof edges for residential structures and 10 feet from
the roof edges for nonresidential structures.
(e)
All solar energy systems shall comply with the following conditions:
[1]
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties, businesses,
residential homes or roadways.
[2]
All exterior electrical lines must be painted a color scheme
that matches as closely as reasonable possible the color of the structure
and adjacent materials, unless other colors are required by the Uniform
Construction Code.
[3]
An external disconnect switch, which is clearly identified and
unobstructed, shall be provided and shall be located as close as reasonably
possible to the electric meter panel.
F.
Emergency standby generators are permitted in all zoning districts
and shall meet the following requirements:
[Added 12-18-2017 by Ord.
No. 2017-20]
(1)
Emergency standby generators may be located in the rear or side yard,
and must be set back at least five feet from any lot line. Emergency
standby generators are prohibited in any front yard.
(2)
Relative to the distance from the structure to which the emergency
standby generator is connected, the emergency standby generator shall
be located in accordance with its manufacturer's installation instructions
or the building codes adopted by the State of New Jersey, whichever
is more stringent, but in no event shall it be located further than
five feet from the structure to which it is connected.
(3)
Emergency standby generators shall be placed so as to minimize the
visual impact on adjacent properties and any municipal right-of-way
with the use of appropriate sound-attenuating architectural materials
and landscape screen. The Construction Official shall determine whether
sound-attenuating architectural materials or landscaping screens are
required.
(4)
Emergency standby generators shall only be used during electrical
power outages and as required by the manufacturer for maintenance
purposes. Maintenance operation shall only take place during day light
hours between the hours of 10:00 a.m. and 5:00 p.m. not to exceed
once a week.
(5)
Emergency standby generators shall be installed on a concrete or
pre-made pad. Emergency standby generators for one- and two- family
residential use shall sit on a footprint that is no more than 16 square
feet, and shall not exceed five feet in height. There shall be no
limit to the size of an emergency standby generator for multifamily
residential and nonresidential uses, but the Borough of Leonia Planning
Board shall review and determine the appropriate size of any emergency
standby generator for a multifamily residential or nonresidential
use during site plan review.
(6)
No emergency standby generator shall be permitted to produce sound
output that exceeds New Jersey Noise Control Act, N.J.S.A. 13:1G-1,
as measured from the closest property line. Sound attenuation enclosures,
screening and landscaping may be used to minimize noise on adjacent
properties and bring noise output into compliance with the standards
of the New Jersey Noise Control Act. It shall be the obligation of
the person seeking to install any emergency standby generator to demonstrate
that the emergency standby generator will not exceed the decibel limit
imposed by the New Jersey Noise Control Act prior to receiving a permit.
(7)
Permit requirement.
(a)
Where an emergency standby generator is sought for a one- or
two-family residential dwelling, applications for an emergency standby
generator permit and a zoning permit shall be submitted to the Construction
Officer and Zoning Officer. The application for a zoning permit must
include a site drawing showing the proposed location of the standby
generator and associated setbacks to all adjacent property lines.
The applicant must demonstrate to the satisfaction of the Construction
Officer that the emergency standby generator is appropriately screened
and that it complies with the New Jersey Noise Control Act by providing
information concerning the noise generated, in decibels, at the property
line.
(b)
Where an emergency standby generator is sought for multifamily
residential use or nonresidential uses, an application to the Borough
of Leonia Planning Board for site plan review shall be required. The
Planning Board shall review such application subject to the criteria
set forth above.
(c)
An emergency standby generator permit is revocable if the property
owner does not continue to meet the requirements set forth above.
G.
Exterior air conditioning units are permitted in all zoning districts
and shall meet the following requirements:
[Added 12-18-2017 by Ord.
No. 2017-21]
(1)
Exterior air conditioning units may be located in the rear or side
yard provided that they are set back at least five feet from any lot
line. Exterior air conditioning units are prohibited in any front
yard.
(2)
Relative to the distance from the structure to which the exterior
air conditioning unit is connected, the exterior air conditioning
unit shall be located in accordance with its manufacturer's installation
instructions or the building codes adopted by the State of New Jersey,
whichever is more stringent, but in no event shall it be located further
than five feet from the structure to which it is connected.
(3)
Exterior air conditioning units shall be placed so as to minimize
the visual impact on adjacent properties and any municipal right-of-way
with the use of appropriate sound-attenuating architectural materials
and landscape screen. The Construction Official shall determine whether
sound-attenuating architectural materials or landscaping screens are
required.
(4)
Exterior air conditioning units shall be installed on a concrete
or pre-made pad. Exterior air conditioning units for one- and two-
family residential use shall sit on a footprint that is no more than
16 square feet, and shall not exceed five feet in height. There shall
be no limit to the size of an exterior air conditioning unit for multifamily
residential and nonresidential uses, but the Borough of Leonia Planning
Board shall review and determine the appropriate size of any exterior
air conditioning units for a multifamily residential or nonresidential
use during site plan review.
(5)
No exterior air conditioning unit shall be permitted to produce sound
output that exceeds New Jersey Noise Control Act, N.J.S.A. 13:1G-1,
as measured from the closest property line. Sound attenuation enclosures,
screening and landscaping may be used to minimize noise on adjacent
properties and bring noise output into compliance with the standards
of the New Jersey Noise Control Act. It shall be the obligation of
the person seeking to install any exterior air conditioning unit to
demonstrate that the exterior air conditioning unit will not exceed
the decibel limit imposed by the New Jersey Noise Control Act prior
to receiving a permit.
(a)
Permit requirement.
[1]
Where an exterior air conditioning unit is sought for a one-
or two-family residential dwelling, an application for a zoning permit
shall be submitted to the Zoning Officer. The application must include
a site drawing showing the proposed location of the exterior air conditioning
unit and associated setbacks to all adjacent property lines. A zoning
permit shall not be required when an existing exterior air conditioning
unit is to be replaced and the property owner or applicant can demonstrate
that the existing exterior air conditioning unit was installed with
all permits that were necessary at the time of installation.
[2]
Where an exterior air conditioning unit is sought for multifamily
residential use or nonresidential uses, an application to the Borough
of Leonia Planning Board for site plan review shall be required. The
Planning Board shall review such application subject to the criteria
set forth above.
On corner lots, either street may be taken as
the front lot line, except that in Districts D and LI, the street
line on the street of greatest width shall be the front lot line.
[Amended 12-4-1991 by Ord. No. 1134; 11-8-1999 by Ord. No.
18-99]
A.
In residence districts A, B and AH, fences and walls
located in side and rear yards shall not exceed six feet in height.
Fences and walls located in front yards shall not exceed four feet
in height and shall not be more than 50% solid. Fences and walls located
on corner lots shall have both street exposures conform to front yard
requirements.
B.
Any fence which is considered to have a face or front
side shall be erected so that such face or front side is placed outward
from the area being enclosed. All posts supporting any fence are to
be placed inward to the areas being enclosed.
C.
Chain link and barbed wire fences are prohibited in
front yards of A, B, D and AH Districts.
D.
In District D, no fence shall exceed a height of six
feet.
E.
In District LI, no fence shall exceed a height of
eight feet.
F.
The foregoing limitations shall not apply to fences
or walls required by the Planning Board or Board of Adjustment in
connection with site plan approval.
[Amended 12-4-1991 by Ord. No. 1134]
Every lot shall have frontage on a public street,
and said frontage shall not be less than required in the district
in which the lot is located. In the case of a corner lot, the frontage
calculation shall be the frontage exposure with the street address
as listed in the Borough's tax records.
A.
The height provisions of this chapter shall not apply
to the erection of church spires, belfries, towers designed exclusively
for ornamental purposes, chimneys or flues. The height provisions
of this chapter shall, moreover, not apply to bulkheads, elevator
enclosures, water tanks or similar accessory structures occupying
an aggregate of 10% or less of the area of the roof on which they
are located. All such structures shall not exceed the height limit
by more than 10 feet.
B.
Nothing in this chapter shall prevent the erection
above the height limitation of a parapet wall or cornice extending
above such height limit not more than three feet.
C.
No radio antenna or television antenna shall be more
than 12 feet above the roof ridge of the building upon which it is
erected.
D.
No radio tower, television tower or observation tower,
other than those for municipal use, shall exceed 45 feet in height,
measured from the ground level at the base of said structure.
No part of any building nor any structure attached
to a building shall project into any required yard or setback area
except as follows:
A.
No part of a building shall extend into the surrounding
yards as herein required except:
(1)
Steps.
(2)
Leaders, windowsills, belt courses and similar features
projecting not more than six inches.
(3)
Ornamental features not extending to the foundation
walls and chimneys, in either case projecting not more than two feet.
(4)
Eaves projecting not more than three feet.
(5)
Window air-conditioning units not more than 18 inches
and outside air-conditioning units on the ground not more than three
feet.
B.
Open porches one story in height or open porticoes
not more than two stories in height, in either case projecting not
more than five feet, provided that such porches or porticoes do not
exceed the maximum permitted coverage, may extend into the front and
rear yards.
C.
Except in Districts A, open metal fire escapes may
extend into a required side or rear yard by not more than four feet.
D.
Under no circumstances shall any of the foregoing
projections extend closer to a property line than 1/2 the required
setback distance.
No lot, yard, parking area or other space shall
be so reduced in area or dimension as to make said area or dimension
less than the minimum required under this chapter. If already less
than the minimum required under this chapter, said area or dimension
shall not be further reduced.
The erection, alteration and maintenance of signs and billboards in this Borough shall continue to be governed Chapter 232, Signs, or any amendment thereto or subsequent ordinance regulating signs.
In Districts D and LI, no building shall extend
nearer the center lines of the following streets than the distance
specified for each street; and in Districts A and B the distance specified
from the center of the street shall determine the point of measurement
for the front yard requirements of said districts.
|
Name of Street
|
Distance of Building from Street
(feet)
|
|---|---|
|
Fort Lee Road
|
35
|
|
Grand Avenue
|
39
|
|
Grandview Terrace
|
30
|
|
Hillside Avenue
|
30
|
|
Hillside Avenue between Broad Avenue and Glenwood
Avenue on the north side
|
36 1/2
|
|
Lakeview Avenue
|
30
|
When a new lot or lots are formed from part
of a parcel of land, the separation must be effected in such a manner
as not to impair any of the provisions of this chapter.
Whenever in connection with an application for
a permit to erect or alter a building or buildings of a specified
lot or adjoining lots in conformity with the requirements of this
chapter, an application is also made by the same applicant for a permit
to erect an accessory building or structure on the same lot, to be
used temporarily for uses incidental to the construction or sale of
the main building or buildings, which are nonconforming uses in the
district, the Zoning Officer shall have authority, in his discretion,
to issue a temporary permit for a specified period, not exceeding
one year, for the incidental uses specified therein. Such uses may
include storage of building supplies and machinery, mixing or assembling
of building materials and supplies, a construction office and a real
estate office used solely for the purpose of selling all or any part
of said property. Such temporary permits may be renewed for periods
not to exceed six months; provided, however, that any such permit
shall expire three months after completion of construction.
A.
Permit required. No person, firm or corporation shall
do, cause or allow any of the following actions to occur on any land
in the Borough, unless and until a soil permit shall first have been
issued by the Borough Engineer:
(1)
The addition, removal or movement of more than 100
cubic yards of soil from or on any lot or change in its contour of
greater than six inches.
(2)
The moving of any soil on a lot where the activity
results in a change in the lot contours which result in a change in
the drainage characteristics of the lot to the extent that there is
increased or decreased runoff to any abutting properties or private
or public roads.
(3)
The installation of retaining walls over two feet
in height, swales, pools or ponds, headwalls or drainage facilities.
B.
Responsibility of landowner where other party causes removal. No owner of any land in the Borough shall permit any of the actions described in Subsection A to occur upon his property until the owner of the land has first obtained a soil moving permit.
C.
Application for permit. Any person, firm or corporation
desiring to engage in any activities for which a permit is required
shall, before commencing work, file a written application with the
Borough Engineer on a form furnished by the Borough for a permit therefor,
signed by the property owner, which application shall contain the
following data:
(1)
Present contour lines and grades of the lots and lands;
existing buildings, walls or other structures; trees over six inches
in diameter; and existing property lines,
(2)
Proposed contour lines and proposed contour grades
resulting from the addition, removal or moving of soil on the lots
and lands and in relation to the adjoining properties; proposed landscaping;
proposed buildings, drainage structures, pools, utilities or other
facilities.
(3)
Grades of all abutting streets, lots and lands to
the extent required by the Borough Engineer;
(4)
Where soil is to be removed and stored on lands within
the Borough, the applicant shall indicate the precise location where
the soil shall be stored, the present contour lines and contour grades
of the property on which this soil shall be stored, the total cubic
yards intended to be stored, the length of time of storage, and any
and all plans for soil erosion control when requested by the Borough
Engineer;
(5)
The Borough Engineer may waive or omit any of the
requirements set forth herein or may require the submission of additional
detail or data.
D.
Permitted importing or exporting of soils. No fill
other than soil shall be permitted without the express authorization
of the Borough Engineer. Stone, boulders, debris, stumps or similar
materials are not permitted without the Borough Engineer's authorization.
Where soil is being imported into the Borough, the applicant shall
provide to the Borough Engineer a certification that the soil is free
from any toxic waste, radioactive materials or other materials that
would present health hazards or are prohibited from discharge into
the soil by the Department of Environmental Protection. If fill is
required, the applicant shall further state the precise location from
which the soil is being imported and, where required by the Borough
Engineer, shall provide any requested analysis of the soil. If excess
material is to be exported, the applicant shall provide the destination
of the material and a signed acceptance by the property owner at the
final point of disposal.
E.
Review by Planning Board or Board of Adjustment. In
those instances where the Borough Engineer feels it is appropriate,
he may refer any applications for soil movement to the Planning Board
or Zoning Board of Adjustment for review and approval. In those instances
where an application is pending before the Board of Adjustment pursuant
to the Municipal Land Use Act, the Board of Adjustment shall have
the same authority to hear and decide soil movement applications as
the Planning Board pursuant to the authority granted in this section.
F.
Guiding factors in reviewing applications. In considering
and reviewing the application and in issuing or denying the permit,
the Borough Engineer shall be guided by the general purposes of municipal
planning and shall take into consideration the following factors:
(1)
Soil erosion by water and wind;
(2)
Surface water drainage;
(3)
Soil fertility;
(4)
Lateral support of abutting streets, lots and lands;
(5)
Public health and safety;
(6)
Land values and uses, including effect on surrounding
properties, landscaping, etc.;
(7)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Borough
with proper consideration of environmental and aesthetic effects;
(8)
Water table;
(9)
Streams, ponds, lakes and watercourses;
(10)
Needed detention of stormwater runoff.
G.
Performance guarantee. Before any permit shall be
issued the applicant shall file with the Mayor and Council of the
Borough, a performance bond or its equivalent as required by the Borough
Engineer with satisfactory surety, the amount to be set by the Borough
Engineer. The bond shall be conditioned upon full and faithful performance
by the principal within the time specified in the application of all
the proposed work as set forth in the application and such additional
work which may be found necessary by the Borough Engineer. In addition,
the bond shall be conditioned upon the repair at the expense of the
owner or applicant of any street or streets damaged by the transportation
of soil in connection with the applications, if in the judgment of
the Borough Engineer, such repairs are deemed to be necessary. The
term "expense" as used in this section shall include the cost of supervision
incurred by the Borough Engineer in connection with such repairs.
The term "bond" may also include a cash deposit or approvable letter
of credit.
H.
Top layer of soil not to be removed. The owner of
the premises or the person in charge of the moving of soil, when permission
has been duly granted, shall not take away the top layer of arable
soil for a depth of six inches, but such top layer of arable soil
to a depth of six inches shall be set aside for retention on the premises
and shall be respread over the premises when the rest of the soil
has been removed, pursuant to levels and contour lines approved by
the Engineer. To the extent possible, 12 inches of arable soil shall
be placed, conditioned, seeded and maintained until a suitable stand
of grass is achieved.
I.
Performance of operations, prohibited time for work;
records.
(1)
In the moving of soil, when permission has been duly
granted, the owner or person in charge shall so conduct the operations
that there shall be no sharp declivities, pits or depressions, and
in such a manner that, upon completion, the area shall be properly
leveled off, cleared of debris and graded and seeded to conform with
the contour lines and grades as approved by the Borough Engineer.
(2)
No operation for which a permit has been issued pursuant
to this section shall be conducted on Sundays. On any other day of
the week, pursuant to validly issued permit, work shall be conducted
between the hours of 9:00 a.m. and 8:00 p.m.
(3)
When a permit for the moving of soil has been granted,
the person, firm or corporation receiving such permit shall keep records
as are necessary to show the quantities of soil moved, removed or
added to land. The records shall be so maintained as to permit inspection
and audit by the Borough Engineer.
J.
Inspections of work. The Construction Code Official,
Borough Engineer, Mayor and/or any member of the Borough Council,
Planning Board or Board of Adjustment shall have at all times the
right to inspect any property where a permit has been issued under
the provisions of this section for the purpose of insuring conformance
to the permit requirements. In order to facilitate this right of inspection,
the owners of the property shall cause sufficient grade and boundary
stakes to be put in place while work is going on or about to commence.
The Borough Engineer, Mayor, Borough Council, Planning Board and Board
of Adjustment shall also have the right to inspect the property at
anytime for the purpose of laying out roads, drainage or for any other
purpose deemed in the best interests of the Borough.
K.
Filing and engineering deposits.
[Amended 12-6-2021 by Ord. No. 2021-17]
(1)
The applicant shall pay an application fee in the amount of $100
to the Borough Clerk.
(2)
The applicant shall make an escrow deposit in the amount of $1,500
to the Borough Clerk.
(3)
Prior to the review of the soil moving permit application, the escrow
deposit must be paid.
(4)
Moving more than the estimated number of cubic yards or failure to
comply with permit conditions shall be considered a violation of this
section.
(5)
A separate soil moving permit is required for each site where soil
is being removed from a site in the Borough and deposited on another
site or sites.
(6)
Upon approval of the application, an additional escrow deposit, if
required, shall be prescribed by the engineer for inspection purposes.
(7)
The balance remaining in the applicant's escrow account upon final
action on the application and completion of inspections shall be returned
to the applicant.
L.
Possession of permit. At any and all times when soil
is being removed or deposited upon a site in the Borough, the soil
moving permit shall be in the possession of the person in charge of
the operation of the site. In the event the soil moving permit is
not in possession of the person and on the site, a summons may be
issued and all work shall cease immediately.
Reviewing stands, platforms and other similar
structures are prohibited, except that the Zoning Officer may issue
a temporary permit for a period of 10 days or less when, in his opinion,
the same would be of sound construction and not interfere with the
movement of traffic within the Borough of Leonia. This provision shall
not apply to the Borough government or any instrumentality nor to
the Board of Education with respect to its property.
No person shall operate a motor-driven minibike,
go-kart, snowmobile, motorcycle or similar motor-driven conveyance
or vehicle on any private property in any zone in the Borough, except
in the course of moving such vehicle or conveyance directly to or
from a public road for the purpose of parking the same on private
property or operating the same on public roads, nor shall the owner
of any property in the Borough permit any person to operate such vehicles
or conveyances on his private property except as set forth in this
section above.
[Added 4-7-1986 by Ord. No. 1020]
A.
Site plan approval by the Leonia Planning Board is
required for the installation of a satellite antenna.
B.
No satellite earth station shall be built, erected
or modified unless and until a building permit is issued by the Construction
Code Official, for which the applicant therefor shall pay a fee as
established by law for accessory structures.
C.
Each satellite earth station must be accessory to
a principal structure located on the same premises as the principal
use to which it is accessory. Location of stations shall be limited
to the rear yard only and shall not be located in any front or side
yard or on the roof of any structure.
D.
All satellite earth antennae shall be designed in
conformance with the American National Standards Institute Standard
A58-1, American National Building and Other Structures, and the Electronics
Industry Association Standards RS-411, Electrical and Mechanical Characteristics
of Antennas for Satellite Earth Stations or any modification or successors
to said standards, as well as any other construction or performance
standards, rules and regulations of any governmental entity having
jurisdiction over such antennae, including, without limitation, the
Federal Communication Commission. A certificate of conformance with
the aforesaid standards by the manufacturer's professional personnel
or such other professional as may be deemed appropriate by the Construction
Code Official shall be submitted to the Construction Code Official
as a condition of the issuance of the building permit required by
this chapter. In addition, the installation of dish antennae shall
comply with the National Electrical Safety Code Regulations.
(1)
Size and height requirements:
(a)
Ground-mounted antenna. The maximum permitted
size and height of a ground-mounted satellite antenna shall be in
accordance with the requirements set forth in Table 1.
|
Table 1
| |||
|---|---|---|---|
|
Maximum Size and Height Regulations
Ground-Mounted Antennas
| |||
|
Zone
|
Diameter
(feet)1
|
Height
(feet)2
| |
|
A1, A2, A3
|
3
|
6
| |
|
Townhouse B1, B2 Garden Apartments
|
6
|
9
| |
|
D, LI
|
9
|
12
| |
|
1Diameter of antenna
reflector. It is noted that, in general, a satellite antenna has a
reflector that is circular in shape with a concave surface. Where
an antenna reflector is not circular, the term "diameter" as used
herein shall be considered to include the distance between the extreme
points across the plane formed by the outer edge of the reflector
surface.
| |||
|
2As measured from
ground level at foundation, to the top of the unit.
| |||
(2)
Setback requirements.
(a)
In the A1, A2, and A3 Zones the satellite antenna
shall be located in the rear yard, and shall be set back a minimum
20 feet from all property lines.
(b)
In the B1 and B2, the satellite antenna shall
be located in the rear yard, and shall be set back a minimum 25 feet
from all property lines.
(c)
In the D and LI Zone, the satellite antenna
may be permitted in the rear or side yard, and shall be set back a
minimum 30 feet from all property lines.
(3)
Landscape/buffer requirements. The applicant shall
provide buffer plantings in order to minimize the satellite antenna's
visual impact on adjacent properties and from the street. Buffer plantings
in the form of evergreens or similar dense cover shall be provided
in the general area of property lines or other suitable location to
minimize the visual impact on the antenna.
(4)
Installation. The satellite antenna shall be erected
on a secure ground-mounted foundation and be designed to survive static
wind loads of not less than 100 miles per hour at any antenna elevation
angle or directional position.
[Added 10-3-2022 by Ord. No. 2022-14]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and Make-Ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for Nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- to
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make-Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
al.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Zoning Officer shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the Borough of Leonia's land use
regulations.
(5)
An application for development for the installation of EVSE
or Make-Ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and Make-Ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces.
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of Make-Ready parking spaces.
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or Make-Ready parking
spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 290 of the Borough Code.
(2)
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and Make-Ready parking spaces.
(1)
Location and layout of EVSE and Make-Ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation:
(a)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make-Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to a fine and/or impoundment of the offending vehicle as described in Subsection F(6) below, and in the general penalty provisions of this Municipal Code at § 1-1 or § 290-111. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area as described in Subsection F(6) below.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Borough of Leonia's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any standalone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Leonia shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE, is connected to the
EVSE and is in the process of charging. If time limits or vehicle
removal provisions are to be enforced, regulatory signs, including
parking restrictions, shall be installed immediately adjacent to,
and visible from the EVSE. For private EVSE, installation of signs
and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE. In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be as follows for each hour that the electric
vehicle is connected to the publicly accessible municipal EVSE:
[Amended 6-19-2023 by Ord. No. 2023-08]
|
Time
|
Hourly Rate/Violation
|
|---|---|
|
First hour
|
$5 (minimum fee)
|
|
Second hour
|
$5
|
|
Third hour
|
$8
|
|
Fourth hour (maximum time limit)
|
$8
|
|
After four hours
|
$50 violation
|
|
Parked without charging
|
$100 violation
|
(b)
These fees may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE. Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
