Township of Rochelle Park, NJ Article XIX Supplementary Zoning Provisions

§ 185-128 Buffer and planting requirements.

A. A landscape buffer shall be provided within any nonresidential zone and for any nonresidential use where a development abuts a residential zone or residentially developed property. The buffer shall provide a year-round visual screen to minimize adverse impacts from the site on adjacent properties. The following buffer area and landscaping requirements shall apply:

	Zone	Buffer Width
	Business A, B, C and NB	20 feet
	Industrial A and B, Business Overlay BA 1	20 feet

B. Buffer areas shall be contiguous with residential property lines and shall be uniform in width.

C. If the buffer is less than 20 feet wide, the applicant may be required to erect and landscape a six-foot-high stockade fence within the buffer area parallel to the lot line of the abutting residential lot.

D. Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year or one growing season.

E. No structure, activity, storage of materials, driveways or parking of vehicles shall be permitted in the buffer area, except permitted signs as specified in the district regulations.

F. Requirements for planting in buffer area.

(1) A solid and continuous landscaped screen shall be planted and maintained to conceal parking and loading areas, eliminate the glare of vehicle lights throughout the year and enhance the building from the abutting residential areas. The landscaped screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall not be less than five feet high when planted and the lowest branches shall be not more than one foot above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.

(2) In addition to the landscaped screen, shade trees shall be planted by the applicant at a distance of not more than 40 feet from each other.

(3) If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscaped screen. In the event that the approving authority finds that further plantings of evergreens will not grow satisfactorily in said buffer areas, stockade fence(s) six feet high shall be erected in the buffer area.

(4) The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than the required width while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of this chapter and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and topographic features of the area and existing features, such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of screening and parking areas, structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.

G. There shall be no ingress or egress to Lincoln Drive from the lots between Lincoln Drive and Route 17 South. Said lots are designated as Block 32, Lots 4, 5, 315 and 316.

§ 185-129 Tree preservation.

A. Permit required for certain acts. No person shall do or cause to be done any of the following acts affecting trees, shrubbery or ornamental material planted or growing naturally within the highways or public places under the jurisdiction of the Township, except with a written permit obtained from the Construction Official:

(1) Cut, trim, break, disturb the roots of or spray with defoliants any living tree or shrub; or injure, misuse or remove any structure or devices placed to support or protect any tree or shrubs.

(2) Place or remove or climb with spikes, any living tree or shrub.

(3) Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub or to any guard about such tree or shrub.

(4) Close or obstruct any open space provided about the base of a tree or shrub to prohibit the access of air, water or fertilizer to the roots of such tree or shrub.

(5) Pile any building material or make any mortar or cement within six feet of a tree or shrub.

(6) Change the grade of the soil within the limits of the lateral spread of the branches of any such tree.

B. Wire, cable, electric current. Every person having control over any wire for the transmission of an electric current along a public highway shall, at all times, guard all trees through which or near which such wire passes against any injury from the wire or cable or from the electric current carried by it. The device or means used shall in every case be subject to approval by the department of Construction Official.

C. Guy wires, braces prohibited. No person shall place any guy wire, brace or other device on any tree in such a manner as to injure it.

D. Chemical damage. No person shall permit any brine, gas or injurious chemical or liquid to come in contact with the stump or roots of any tree of shrub upon a public highway, other than routine salting for hazardous road conditions as affects the health and safety of the general public.

E. Interference with Department of Construction Official. No person shall prevent, delay or interfere with any lawful work undertaken by the Construction Official or its authorized agent.

F. Dangerous trees and shrubs.

(1) Removal required; notice. In case any tree or shrub or any part thereof along the public highway shall become dangerous to public safety, the owner of the property in front of which such tree or shrub is located shall forthwith remove the same or the required part thereof, upon receipt of written directive to that effect from the Department of Construction Official.

(2) Standard established. The owner or tenant of any lands lying within the Township shall keep all brush, hedges and other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet. This shall not require the cutting down of any trees where there is vision through the trees at a height of between 2 1/2 feet from the ground and eight feet from the ground.

(3) Removal by Township. If the owner fails to remove the tree or shrub or portion thereof within two weeks after receipt of written notice to do so, the work may be performed by the Township under the supervision of the office of Zoning Official or a designated agent of the Township, who shall certify the cost thereof to the Council.

(4) Costs charged against lands: lien established. Upon receipt of the certified costs, the Township shall examine the same and if found correct shall cause the costs to be charged against the lands or, if the Council deems the costs to be excessive, shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

G. Enforcement. If any person shall continue to violate any of the provisions of this chapter, after being duly notified of such violation, or shall neglect or refuse to comply with any lawful order of the office of the Zoning Official, the failure to comply with a second or each of subsequent notifications or orders shall be construed as an additional violation of this chapter, and each such additional offense shall subject the offending party, upon conviction, to the same penalty as provided for the first offense.

H. Destruction and removal of trees from unimproved or vacant land.

(1) Findings. The Township of Rochelle Park finds that the excessive removal and destruction of trees impairs the character of existing residential areas and impairs the stability and value of improved and unimproved real property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the Township and further finds that regulations for the indiscriminate removal of trees is within the police power of the Township.

(2) Definitions.[1] For the purpose of this section, the following words shall have the meanings indicated:

PERMITS

A license issued by the Building Inspector to remove or destroy trees from any unimproved or vacant land as defined in this section.

TREE

Any living tree having a trunk of a diameter of eight inches or greater measuring at a height of three feet above natural grade.

UNIMPROVED OR VACANT LAND

Such privately owned land upon which no home has been completely built and for a period of two years after the certificate of occupancy is issued.

[1] Editor's Note: See also §§ 185-97, 185-103G(1), 185-109A, and 185-131 for other definitions.

(3) Application of provisions. The provisions of this section shall apply to all unimproved or vacant lands within the Township.

(4) Permit required; application procedures.

(a) Permit required. No property owner shall remove or destroy or cause to be removed or destroyed by any person any tree on any unimproved or vacant tract of land within the Township unless a permit is obtained for such removal.

(b) Application fee. The permit shall be obtained from the Construction Official upon an application being made therefore and a fee of $10 with each application.

(c) Application information where no building permit is requested. An application for a permit for removal or destruction of any tree or tract where no building permit is requested or contemplated shall contain the name of applicant, name of owner of property with consent of the owner, if different from applicant, location and species of trees on a sketch of property and reasons for the removal or destruction.

(d) Application information where building permit is sought. An applicant/owner shall file, along with an application for a permit for removal or destruction of trees where a building permit for construction is being sought, a site plan, a plan showing the location and species of trees on-site and which trees on the property are to be removed, together with the condition of such trees shown on the plan by the architect or engineer, under the seal of such architect or engineer.

(e) Determination of Planning Board: issuance of permits. The Planning Board shall determine which trees may be removed and the permit for such removal shall be issued by the Building Inspector at the time of the issuance of the building permit.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

(f) Referral to other agencies. The Planning Board shall refer all applications to the Shade Tree and/or Environmental Committee for their examination and opinion. Their report shall be submitted to the Planning Board within 20 days of receipt of the same. The Planning Board shall not be bound by the recommendations of these committees and failure to submit a report to the Planning Board within 20 days shall not be construed as a restriction at any time following the expiration of the twenty-day period.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

(g) Appeal. In the event of denial of any permit, the applicant seeking appeal from the decision of the Construction Official shall proceed before the Board of Adjustment as provided by statute.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

(h) Surety bond required when building permit is sought. In all cases of application where a building permit is applied for, there shall accompany the application a cash or surety bond in a minimum sum for building permit with the amount to be determined by the Construction Official, which bond shall assure compliance with the preservation of those trees not to be removed, which bond shall be returned with the certificate of occupancy less any costs expended by the Township to replace trees improperly removed or destroyed in violation of the permit.

(5) Standards for removal. The following shall be the standards to be applied in determining which tree may be removed:

(a) Hardship in such cases shall be based on an examination of all the circumstances considering the applicant's hardship. If the hardship of the owner outweighs the public benefit promoted by retention of trees, the hardship requiring removal may be found to exist.

(b) Any area to be occupied by a building, driveway, walkway, drainage field, septic tank, recreation area (tennis courts, swimming pools or similar facilities) may have the trees removed but not more than 15 feet around the perimeter of such facilities.

(c) The area in the required buffer shall remain undisturbed.

(d) The area that has a cut or fill deemed injurious or dangerous to trees, may have removal of trees in such area, as determined by the Construction Official.

(e) The Construction Official shall view the land where the tree or trees are to be removed, as well as drainage or other physical conditions existing on subject or adjoining property and may consider the opinion of any shade tree and/or environmental commission or committee.

(f) The permit shall be granted if there is a finding that the removal and destruction will not impair the growth and development of remaining trees on the property of the applicant or adjacent properties and would not cause erosion of soil, impair existing drainage, lessen property values in the neighborhood or impair the aesthetic values of the area.

(6) Regulations.

(a) Protection of trees. Where grading may be required, trees shall be walled in with extension tile to the outer crown of the tree. No structure, equipment or movable machinery which would injure the tree shall be permitted to operate within six feet of any trees in order not to disturb the soil and thereby injure the tree. Prior to construction activity, all trees to be retained shall be tagged. Said tagging shall be reviewed by the office of the Construction Official.

(b) Exempt lands or activities. The following lands or activities shall be exempt from the provisions of this section: orchards, Township, county and state land.

(7) Removal of diseased trees; fees for services of tree experts.

(a) No fee shall be charged or a permit required for the removal of diseased or damaged trees.

(b) In cases where the service of a tree expert is required and in cases where a building permit is applied for at the same time, the cost thereof shall be borne by the applicant and payment of the same shall be a condition precedent to the release of the bond filed or the issuance of a permit.

(8) Penalty. Any person violating any of the provisions of this section shall be subject to a fine not exceeding the general penalties established in this code.

§ 185-130 Performance standards.

A. General application. All nonresidential uses, either existing or proposed, shall be subject to the following standards.

B. Compliance with performance standards.

(1) Prior to commencement of construction and/or operation. Any application for a building permit or a certificate of occupancy for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that said use shall be operated in accordance with the performance standards set forth herein. The applicant shall submit a certification from the appropriate professionally qualified person or firm that the proposed use will comply with the following standards.

(2) Continued compliance. Continued compliance with performance standards shall be required and enforcement of continued compliance with these performance standards shall be enforced by the Construction Official, Township Engineer, Health Officer and Fire Prevention Bureau.

C. Determination where performance standards are to be measured. The location, where determinations are to be made for measurement of performance standards, shall be made as follows:

(1) At property lines of the use creating such element for vibration, glare, air pollution, odor, dust, water pollution or noise.

(2) At the point of emission for smoke.

D. Performance standards.

(1) Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in Subsection C above.

(2) Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in Subsection C above.

(3) Smoke.

(a) The emission standard of this chapter or as promulgated by the New Jersey Department of Environmental Protection, whichever is more restrictive, shall apply.

(b) No emission shall be permitted, from any chimney or otherwise, of visible gray smoke at a shade equal to or darker than No. 1 on the Power's Micro-Ringelmann Chart, published by McGraw Hill Publishing Company, Inc., copyright 1954, being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines.

(c) The provision of this subsection shall not apply to:

[1] Visible gray smoke of a shade not darker than No. 2 of said chart which may be emitted for not more than four minutes in any thirty-minute period.

[2] Smoke resulting from any fire ignited solely for the purpose of training or research in fire prevention or protection.

[3] Household fireplaces.

(4) Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in Subsection C above.

(5) Fly ash and dust. No emission of any fly ash or dust shall be permitted to be discharged from any stack, chimney or by other means into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection.

(6) Noise.

(a) No person shall cause, allow or permit sound from any nonresidential use which, when measured at any residential property line, shall be in excess of the following:

	Octave-Band Center Frequency (H3)	Column 1 Octave-Band Sound Pressure Level (dB) From 7:00 a.m. to 7:00 p.m.	Column 2 Octave-Band Sound Pressure Level (dB) From 7:00 p.m. to 7:00 a.m.
	20 to 75	75	65
	75 to 150	60	50
	150 to 300	54	44
	300 to 600	48	38
	600 to 1,200	45	35
	1,200 to 2,400	42	32
	2,400 to 4,800	39	29
	Above 4,800	36	26

(b) Noise not capable of being measured in the above manner or not reaching the levels set forth above shall be controlled as follows: It shall be unlawful for any business or facility or individual in a residential or nonresidential area to make any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort and repose, health or safety of others. There shall be exempted from this chapter sounds created by normal governmental operations, traffic sounds as regulated by the New Jersey Statutes and/or Division of Motor Vehicles and sounds by emergency apparatus or emergency activities.

(7) Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted where electrical disturbances adversely affect the operation of any equipment. All applicable federal and state regulations shall be complied with.

(8) Fire and explosion hazard.

(a) All activities involving storage of flammable and explosive materials shall be carried on in structures which conform to the standards of the National Board of Fire Underwriters of the Township Building Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried out and all materials stored in accordance with the standards of the Board of Fire Underwriters. Every building shall be equipped with automatic sprinklers which conform to the standards of the National Board of Fire Underwriters.

(b) Burning of waste materials in open fires is prohibited.

(9) Liquids or solid waste. There shall be no discharge of any wastes of any kind into any river, reservoir, pond or lake. The discharge of untreated wastes into any streams shall also be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Township and the New Jersey State Department of Environmental Protection.

(10) Glare. There shall be no direct or reflected glare exceeding 0.05 footcandles measurable beyond the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrance or exit of service drives.