[Amended 12-4-2007 by Ord. No. 1352]
A.
In the Residential A (RA) District, the following
uses are hereby expressly permitted; and no building, land or premises
shall be used and no building or structure shall be erected or altered
which is constructed, designed, arranged or intended to be used in
whole or in part for any other use that which is expressly set forth
herein:
(3)
Accessorial uses:
(a)
Home professions and occupations.
(b)
Garage.
(c)
Carport.
(d)
Off-street parking.
(e)
Pool.
(f)
Residential agriculture.
(g)
Personal recreation structure.
(h)
Shed.
(i)
Fence and fence wall.
(j)
Retaining wall.
(k)
Gazebo.
(l)
Cabana.
(m)
Greenhouse.
(n)
Covered patio.
(o)
Dog run.
(p)
Dog house.
(q)
Walks.
(r)
Driveways.
(s)
Signs.
(t)
Berms.
B.
Prohibited uses. The following uses are expressly
prohibited in the Residential A District:
(1)
Open storage of more than one motor vehicle which
does not have a current license plate, current inspection sticker,
and motor vehicle registration.
(2)
The open parking of any commercial vehicle with a
dual rear axle or a registered gross vehicle weight (GVW) in excess
of 9,500 pounds, unless said commercial vehicle is in the process
of providing a service to the property owner.
C.
Minimum living floor area, residential. The minimum
living floor area in the Residential A District shall be no less than
700 square feet. There shall be 150 square feet for the first adult
residing thereon and 100 square feet for each additional adult.
D.
Bulk requirements. The bulk requirements shall be those contained in the Limiting Schedule in § 455-35. In addition, the following standards shall apply. Where the following standards result in a different measure than those in the Limiting Schedule, the more restrictive standard shall apply.
(1)
Floor area ratios.
(a)
Residential dwellings shall be subject to the
following maximum floor area ratios.
[1]
For lot(s) with a lot area of 5,000 square feet
or less, the maximum floor area ratio shall not exceed 50%.
[2]
For lot(s) with a lot area greater that 5,000
square feet and up to and including 7,500 square feet, the floor area
ratio shall not exceed 45%.
[3]
For lot(s) with a lot area greater than 7,500
square feet and less than 10,000 square feet, the floor area ratio
shall not exceed 40%.
[4]
For lot(s) with a lot area of 10,000 square
feet and less than 25,000 square feet, the floor area ratio shall
not exceed 35%.
[5]
For lot(s) with a lot area greater than 25,000
square feet, the floor area ratio shall not exceed 30%.
(b)
Nothing herein shall be construed to alter the
minimum lot area requirements of the Limiting Schedule.
(2)
Front yard setbacks. Front yard set backs shall be
in accordance with the following:
(a)
The setback shall be the average setback of
existing dwellings on the same side of the street between intersecting
streets. The maximum requirement in any case shall be 40 feet. Where
no dwellings exist in the same block, the minimum front yard setback
shall be 25 feet.
(b)
Dwellings on corner lots shall have the required
front setback upon the street which the residence faces. The other
street frontage shall comply with the average setback of existing
dwellings on the same side of the street between intersecting streets.
The maximum requirement in any case shall be 40 feet. Where no dwellings
exist in the same block, the minimum front yard setback shall be 25
feet.
(3)
Side yard setbacks. Side yard setbacks shall be calculated in accordance with the following. The minimum side yard setback shall be controlled by the gross building area. No side yard shall be less than the minimum side yard requirement in the Limiting Schedule in § 455-35.
(a)
For gross building areas less than 3,500 square
feet; the side yard setback shall be 0.0025 times the gross building
area.
(b)
For gross building areas between 3,500 square
feet and 4,999 square feet; the side yard setback shall be 0.0035
times the gross building area.
(c)
For gross building areas over 5,000 square feet;
the side yard setback shall be 0.004 times the gross building area.
(4)
Impervious coverage requirements. Maximum impervious
coverage shall be as follows for residential properties:
(a)
Maximum impervious coverage: 45% of the total
lot area.
(b)
Maximum impervious coverage of the front yard
area shall not exceed 40% for properties that have one-car garages
and 50% for properties that have two-car garages.
(c)
Maximum coverage of any rear yard shall not
exceed 40% of the rear yard.
(5)
Maximum height of basements. The maximum height of
basements shall be seven feet four inches. The purpose of this definition
is to prevent the use of rooms in the basement for sleeping quarters.
(6)
Residential dwelling appearance. No construction permit
shall be issued for any detached dwelling, to be erected in the Residential
A District if the dwelling is substantially alike in exterior design
and appearance to the two dwellings to either side on the same side
of the street or if it is substantially like the one dwelling on the
opposite side of the street which is most directly opposite its front
orientation. On a cul-de-sac, lots which have any portion of their
lot frontage on the arc of the turnaround shall be considered to be
on the same side of the street for the purposes of this section. Dwellings
shall be considered not substantially alike in exterior design and
appearance if they have at least three of the following five characteristics:
(a)
A difference in the height of the main roof
ridge above the elevation of the first floor.
(b)
Differences in roof form (e.g., hipped vs. gabled)
or roof appurtenances (e.g., dormers, turned gables, pigeon stoops
and cupolas).
(c)
Differences in front facade siding materials
(e.g., masonry vs. synthetic siding or clapboards vs. shingle).
(d)
Differences in the relative location or number
of windows in the front elevation with respect to each other and with
respect to any door, chimney, porch or attached garage in the same
elevation.
(e)
Differences in the relative location of porch
or garage elements of the front facade, or other relief or variation
in the front facade (e.g., jogs, bays).
In the Multifamily Residential (RB) District,
the following uses are hereby expressly permitted, and no building,
land or premises shall be used and no building shall be erected or
altered which is constructed, designed, arranged or intended to be
used in whole or in part for any other use than that which is expressly
set forth herein:
D.
Minimum living floor area, residential. The minimum
living floor area in the RB Multifamily Residential District shall
be the same as that for the RA District.
E.
Bulk requirements. The bulk requirements shall be those contained in the Limiting Schedule in § 455-35. In addition, the following standards apply. Where the following standards result in a different measure than those in the Limiting Schedule, the more restrictive standard shall apply.
[Amended 5-6-2008 by Ord. No. 1361]
(1)
Maximum units per acre: 15.
(2)
Minimum lot size: two acres.
(3)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum setback as to front yard: 30 feet.
(6)
Minimum setback as to side yard: 25 feet.
(7)
Minimum setback as to rear yard: 25 feet.
(8)
Minimum green area: 25% of entire tract.
(9)
Maximum height in feet: 28 feet.
(10)
Maximum height in stories: 2.
The following uses are expressly permitted in
the business districts of the Borough of Dumont, and no building,
land or premises shall be used and no building or structure shall
be erected or altered which is constructed, designed, arranged or
intended to be used in whole or in part for any other use than that
which is expressly set forth herein.
A.
Principal uses:
(1)
Retail sale of goods and services.
(2)
Banks.
(3)
Business, professional and governmental offices.
(4)
Funeral parlors.
(5)
Restaurants.
(6)
Shopping centers.
(7)
Multifamily dwellings, provided that the same are confined to the upper floors of a building that is being used as a commercial use on the first floor; provided, further, that commercial and multifamily dwellings shall not be mixed on a single floor; and provided, further, that the commercial floor shall begin at or above ground level and shall not be subject to a bulk requirement set forth in § 455-8.
D.
Conditional uses.[2] All industrial uses in the former LI Zone adjacent to
West Shore Avenue shall be considered preexisting conditional uses
in the B2 Business Zone.
[Added 5-6-2008 by Ord. No. 1361]
E.
Buffer strips. The following buffer strip requirements
shall apply to any business district use in the Borough of Dumont
that adjoins or is adjacent to a residential use or any vacant land
that is zoned for residential use:
(1)
The business use shall be screened along those portions
of the property that are adjacent to or adjoin a residential use by
a fence or fence wall of not less than five feet in height or with
a four-foot planting strip consisting of shrubs or trees which are
at least four feet high at the time of planting.
(2)
Such screening shall extend to the minimum setback
line for the surrounding property.
F.
Bulk requirements. The bulk requirements for the business
districts shall be those as set forth in the Limiting Schedule which
is hereby adopted and made a part of this chapter. Whenever any reference
is made in this chapter or any amendments or supplements thereto to
a two-and-one-half-story height limit in the B2 District, such reference
shall be interpreted so as to require the 1/2 story to be on top of
the remaining two stories. Such half story shall not be habitable
and shall be used solely for storage and/or aesthetic purposes.
G.
Amusement machine complex as a conditional use within
the B2 Business District:
(1)
The premises on which the mechanical amusement device
within the amusement machine complex are located shall be permitted
on the first floor of the premises only and shall be so arranged as
to permit a clear view of the interior from the exterior at all times
and shall have sufficient glass frontage to permit a clear view of
the interior of the premises by a code official or law enforcement
officer viewing the interior from the exterior of the premises.
(2)
The amusement machine complex shall not be permitted
to operate between the hours of 12:00 midnight and 9:00 a.m. If said
complex is located within a shopping center or mall or cluster of
stores, the amusement machine complex shall not be permitted to operate
later than the latest established closing time for the surrounding
stores and, in no event, shall be permitted to operate after 12:00
midnight.
(5)
Erection and installation of coin-operated or non-coin-operated
mechanical amusement devices as permitted within an amusement machine
complex shall comply with all local, state and federal fire and safety
regulations, statutes and codes.
(6)
No chapter shall permit any activity or the operation
of any machine which is illegal, immoral or which creates an undue
amount of noise or danger of a breach of the peace to occur on the
premises.
(7)
Exterior lighting shall be provided on the exterior
of the arcade as approved by the appropriate Board of the Borough
of Dumont Lighting shall provide a minimum of 10 footcandles of white
light.
(8)
The building or premises to be used for arcade purposes
shall be designed and constructed and sufficiently insulated to provide
noise elimination permitting a maximum of 50 dba of noise measured
at the exterior of the amusement machine complex, and certification
verifying the appropriate insulation rating to establish such decibel
maximums shall be submitted to the appropriate Board as a condition
precedent to the granting of conditional approval for the use of the
premises as an arcade.
(9)
No operator or owner shall offer or permit to be offered
within the premises any prizes or awards, whether in cash or otherwise.
(10)
No operator shall knowingly permit any person convicted
of a crime involving moral turpitude to be associated within the ownership,
management or operation of the business.
(11)
No gambling devices of any kind whatsoever, inclusive
of but not limited to any device that dispenses any kind of payoff
or reward or any device that has been judicially determined to be
a gambling device or declared to be a gambling device under any law
of the State of New Jersey, shall be permitted.
(12)
No occupation, other than the operation of coin- or
non-coin-operated mechanical amusement devices, shall be permitted
to be carried on within the premises of the amusement machine complex,
and the amusement machine complex shall not be an accessory use to
any other occupation or activity permitted within the Borough of Dumont.
This includes, but shall not be limited to, machines which dispense
food, beverage or other commodities. No such vending machine shall
be permitted within the arcade.
(13)
An amusement machine complex shall be permitted to
be located in the B2 Zoning District of the Borough of Dumont, and
such amusement machine complex shall be allowed in such B2 District
only upon approval by the Joint Land Use Board under a conditional
use procedure.
(14)
The Joint Land Use Board shall determine that sufficient
space or such machines has been provided to prevent overcrowding of
users or interference with other pedestrian traffic in the building
or on the premises, that aisle space between machines is satisfactory
for emergency exit of the room or rooms housing such amusement machine
complex and the parking facilities required by this section for such
amusement machine complex can be adequately provided and that such
amusement machine complex is adequately separated from public and
parochial schools, school playgrounds, religious buildings and municipal
parks and playgrounds. An applicant shall submit a site plan and an
amusement machine complex room layout in sufficient detail to allow
such determination by the Joint Land Use Board.
(15)
The following specific requirements shall apply to
the location, layout and operation of an amusement machine complex:
(a)
A building within which an amusement machine
complex is the principal use or that portion of any building used
as an amusement machine complex shall be located at least 500 feet
from any premises used as a public, parochial or private elementary,
middle, junior high or high school, school playground, municipal park
or playground or premises upon which is located a place of worship.
A building within which an amusement machine complex is the principal
use or that portion of any building used as an amusement complex shall
be located at least 800 feet from another building or portion of a
building used as an amusement machine complex.
(b)
Adequate space shall be provided to reach a
machine so as to allow its use without overcrowding. A minimum width
between amusement machines of two feet shall be provided for each
machine where it is designed for use by one player, and 3 1/2
feet where a machine is designed for use by two players. The depth
of the space in front of the machine shall be at least five feet or
an additional 44 inches. The provisions of the Uniform Construction
Code shall be complied with.
(c)
Off-street parking in addition to that otherwise
required for the users on the premises shall be provided in the amount
of one space per two amusement machines or the minimum required off-street
parking for a retail use in the B2 Business District, whichever is
greater.
(d)
Readily visible signs shall be installed, with their location, size and text shown on the plans submitted to the Joint Land Use Board, indicating that persons under the age as specified in Chapter 114, Amusements, Article III, Automatic Amusement Games, shall not be permitted to play such amusement game machine or amusement machine.
(e)
A building or portion thereof used as an amusement
machine complex shall comply with requirements for a nonresidential
building in a B2 Zoning District as specified in this chapter.
(f)
To prevent obstruction of the public sidewalk
and entry and exits to an amusement complex, a special on-site area
shall be set aside and designated for bicycle parking, and bicycle
racks shall be provided at the rate of one bicycle space for every
three amusement machines. Bicycle racks shall not be located in any
required landscaped areas, walkways to buildings, driveways or required
vehicular parking spaces nor shall such bicycle racks be spaced so
as to obstruct any entrance or exit to any premises.
(g)
An amusement complex shall be designed to minimize
noise emanating beyond the boundaries of such building or room containing
amusement game machines or amusement machines. The Joint Land Use
Board, in reviewing an application for conditional use, shall determine
that noise emanating beyond the boundaries of such building or room
containing such machines shall not exceed 50 decibels.
(h)
An amusement complex shall at all times have
a least one supervisory employee in attendance, 18 years of age or
older, during operating hours. Between 3:00 p.m. and closing, in addition
to the supervisory employee, there shall be an additional employee
18 years of age or older to act as a security person, whose sole responsibility
is to maintain good order and compliance with all regulations.
(i)
An amusement complex shall maintain an operating
telephone or other device to alert police, fire and ambulance services
in the event of an emergency.
(16)
In order to obtain approval of the conditional use
of the arcade within the B2 Zone, a site plan must be filed with the
application establishing the applicant's compliance with all applicable
ordinances, indicating location of proposed parking for both bicycles
and automobiles; lighting; compliance with the noise level requirements;
distance to the nearest public or private school or religious institution;
distance to any other existing amusement machine complex and such
other requirements as may be imposed by other sections of the zoning
and land use ordinances of the Borough of Dumont.
H.
Construction of buildings in the B2 Zone.
(1)
The first floor of all buildings shall begin at grade
level.
(3)
The construction of subterranean parking, that being
parking under grade level, shall be permitted, provided that the first
floor continues to begin at grade level.
(4)
Parking will be permitted under the first floor area
below grade level.
(5)
The proposed first floor of any building shall not
be greater than four feet above or below the existing grade level
at the location of the proposed building.[3]
[3]
Editor's Note: Original § 22-10,
Conditional Housing CH District, as amended by Ord. No. 1046, which
immediately followed this section, was repealed 3-10-1987 by Ord.
No. 1054. This repeal, however, did not affect housing erected prior
to the adoption of Ord. No. 1054.
[1]
Editor's Note: Ordinance No. 1054 amended
this section by deleting all references to the B1 District. The original
text of this section is available for inspection at the Borough offices.
Those areas set forth on the Master Plan or
Official Map of the Borough of Dumont as District P, Parks and Public
Use, are hereby reserved as public areas pursuant to the provisions
of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-44, and
any amendments or supplements thereto. In the event that the Borough
of Dumont waives any reservation rights it may have to such areas
pursuant to statute, then and in that event the following uses are
expressly permitted in the P District, Parks and Public Uses, in the
Borough of Dumont. No building, structure, land or premises shall
be used and no building or structure shall be erected or altered which
is constructed, designed, arranged or intended to be used in whole
or in part for any other use than that which is expressly set forth
herein:
A.
Principal uses: all principal uses as permitted in
the RA District.
B.
Accessorial uses: all accessorial uses permitted in
the RA District.
C.
Prohibited uses: all prohibited uses as in the RA
District.
D.
Minimum living floor area, residential: the minimum
living floor area, residential, as set forth in the RA District.
The following uses are expressly permitted in
the Light Industrial District in the Borough of Dumont. No building,
land or premises shall be used and no building shall be erected or
altered which is constructed, designed, arranged or intended to be
used in whole or in part for any other use than that which is expressly
set forth herein:
A.
Principal uses:
(1)
Business, industrial and governmental offices.
(2)
The manufacture by distillation, fabrication, assembling
or other handling of products for industrial sale.
(3)
Wholesale distribution centers or warehouses.
(4)
Repair garage, provided that no repair work of motor
vehicles shall be done out of doors, except emergency work, and provided
further that a security fence of the chain-link-type, not exceeding
six feet in height, shall be provided.
B.
Accessorial uses:
(1)
Off-street parking.
(2)
Fences or fence walls.
(3)
Signs.
(4)
Garages.
(5)
Storage buildings.
(6)
Buildings used for the purpose of processing or assembling
goods.
(7)
Employee cafeterias.
(8)
Open storage of motor vehicles when screened by a
buffer zone in accordance with the requirements of this chapter.
D.
Buffer strips. The following buffer strip requirements
shall apply to any use permitted in the Light Industrial District
of the Borough of Dumont:
The following uses are hereby expressly prohibited
in all zoning districts within the Borough of Dumont:
A.
Motor courts, trailer camps, house trailers, hotels,
motels or recreational vehicles, which are being used as a dwelling
or sleeping place.
B.
Shooting galleries, skating rinks, billiard parlors,
dance halls, discotheques, model slot car racing, tattoo parlors,
fortune tellers, massage parlors, skateboard facilities or other similar
facilities.
C.
Drive-in restaurants or fast-food establishments.
D.
Blast furnaces, boiler works or coke ovens.
E.
Premises involved in the manufacture and/or distribution
of disinfectant, insecticide, creosote or other poisons.
F.
Premises involved in the manufacture, treatment and/or
distribution of explosives, fireworks, match manufacture or storage
of any type of a substance possessing radioactive qualities.
G.
Any other trade or use that is noxious or offensive
by reason of the emission of odor, dust, smoke, gas or noise.
H.
Outdoor storage of any type except as otherwise expressly
provided for in this chapter and any amendments thereto.
I.
More than one principal use, structure and/or building
on a lot.
K.
Cannabis establishments, cannabis distributors and cannabis delivery
services prohibited.
[Added 8-10-2021 by Ord.
No. 1588]
(1)
Purpose. Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), N.J.S.A. 24:6I-45b, all cannabis establishments, including
a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler,
or a cannabis retailer, cannabis distributor or cannabis delivery
service, are hereby prohibited from operating anywhere within the
Borough of Dumont.
(2)
Definitions. As used in this chapter, all classes of cannabis establishments,
including a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis retailer, and a cannabis distributor or cannabis
delivery service, shall have the meaning as defined in Section 3 of
P.L. 2021, c. 16, N.J.S.A. 24:6I-33 et seq.
(3)
General prohibition. All classes of cannabis establishments including
a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler,
or a cannabis retailer, and a cannabis distributor or cannabis delivery
service, but not the delivery of cannabis items and related supplies
by a delivery service, as said terms are defined in Section 3 of P.L.
2021, c. 16, N.J.S.A. 24:61-33, are hereby prohibited uses or activities
within the Borough of Dumont.
A.
All business and industrial buildings shall be constructed
with exteriors of masonry with the front and two adjacent sides of
said buildings being of veneer or stucco construction.
B.
The exterior rear walls of all business and industrial
buildings must be of brick veneer construction when said building
is erected or located adjacent to a residential zone.
Site plan approval shall be required for all
uses, buildings and structures except for one- and two-family dwellings,
when allowed by right and not associated with a home occupation accessorial
use. All such uses requiring site plan approval shall provide for
zero increase in storm drainage contribution for a one-hundred-year
storm. In computing said increase, consideration shall be given to
a comparison of the site in its natural condition to the site in its
developed condition.
The following rules and regulations shall apply:
A.
Any nonconforming use or structure existing at the
time of the passage of this chapter may be continued upon the lot
or in the building or structure so occupied, and any structure may
be restored or repaired in the event of partial destruction thereof.
A building or structure shall be considered to have sustained partial
destruction when either of the more restrictive of the following have
occurred: when the frame of the building or structure, exclusive of
the foundation, has been destroyed by no more than 50% of said frame
or when there has been substantial total destruction of structures.
Then and in that event, only said building or structure may be rebuilt,
and the use of said building or structure as it existed at the time
of its destruction may be continued.
B.
No nonconforming use shall, if once changed into a
conforming use, be changed back again into a nonconforming use.
C.
No building shall be enlarged unless the use therein
is changed to a conforming use.
D.
No nonconforming use shall be extended so as to diminish
the extent of a conforming use.
E.
A nonconforming use which has been abandoned shall
not be returned to such nonconforming use. A nonconforming use shall
be considered abandoned when:
(1)
The intent to discontinue the nonconforming use is
apparent;
(2)
The structure, building or lot has been used in a
way inconsistent with the continuation of the nonconforming use; or
(3)
The characteristic equipment and furnishings of the
nonconforming use have been removed and have not been replaced within
a reasonable period of time.
Accessory buildings, except garages, in residential
zones shall conform to the following regulations as to their location
upon the lot:
A.
In the case of an interior lot fronting on only one
street, no accessory building shall be erected or altered so as to
encroach upon that half of the lot depth nearest the street.
B.
In the case of an interior lot fronting upon two or
more streets, no accessory building shall be erected or altered so
as to encroach upon that fourth of the lot depth nearest each and
every street.
C.
In the case of a corner lot fronting upon two streets,
no accessory building shall be erected or altered so as to encroach
upon the area between each respective street and the line drawn parallel
to such street in a manner to divide the lot into two equal parts.
D.
Notwithstanding any requirements in this section,
the foregoing rules shall not restrict the location of any accessory
building 70 feet or more from any street bounding the block.
E.
Such accessory building shall additionally comply
with all other bulk requirements set forth in this chapter.
A.
No building or premises shall be used nor shall any
building be erected nor shall any building be altered so as to expand
its usable floor area unless there is provided parking space on the
same premises upon which the use or structure is located or upon such
nearby premises as may be provided for in the site plan approval.
B.
No dwelling shall be erected unless provision shall
have been made for at least two off-street parking spaces.
C.
Parking spaces required by this chapter for any use
except dwellings may be provided on premises other than those upon
which the use is located, provided that such premises are within a
walking distance of 200 feet from the building entrance, and further
provided that such premises are owned in fee by the owner of the lot
upon which the use is located or that the owner of the lot upon which
such use is located holds a lease or license which grants to him the
right of uninterrupted use for parking purposes for at least 20 years.
D.
Required off-street parking space may be reduced by
the amount to which other off-street parking space, such as publicly
owned space or jointly or cooperatively owned space satisfying the
requirements of this chapter, is provided for the use that is involved,
or such amount as may be justified by the reduction in need for such
space by reason of a reduction in the size or change in the nature
of the use to which such space is appurtenant.
E.
All off-street parking spaces and driveways shall be paved or otherwise
constructed with an impervious surface, pursuant to the provisions
of this chapter.
[Amended 2-21-2017 by Ord. No. 1514; 6-13-2017 by Ord. No. 1522]
F.
All off-street parking areas adjacent to any residential
zone and used by more than three vehicles shall be screened by a buffer
strip in accordance with the requirements of this chapter.
G.
The total width of all driveways on a lot used in
a business zone or industrial zone shall not exceed 30% of the width
of the lot.
H.
The Joint Land Use Board or other approving authority
is hereby authorized to establish the required number of parking spaces
for any use erected or to be erected pursuant to this chapter. In
establishing the required number of parking spaces for any use, the
approving authority shall use the following standards:
(1)
All office uses shall be required to provide one square
foot of parking space for every 1 1/2 square feet of gross floor area
devoted to office use.
(2)
All commercial uses shall be required to provide for
one square foot of parking space for every 1 1/2 square feet of gross
floor area devoted to commercial use.
(3)
All light industrial uses shall be required to provide
for one square foot of parking space for every three square feet of
gross floor area devoted to light industrial use. One parking space
shall be provided per employee, per shift.
(4)
All such parking areas shall be paved with five inches
of one-and-one-half-inch quarry process base course and three inches
of bituminous concrete surface course.
(5)
Truck traffic: four inches of quarry process stone
base course, four inches of bituminous stabilized base course and
1 1/2 inches of bituminous concrete surface.
(6)
All paving is to be curbed with cast-in-place concrete
(air entrained 3,500 pounds per square inch) with six inches of exposed
face, 18 inches deep and seven to eight inches wide at the top and
bottom, respectively.
(7)
Handicap parking shall be provided pursuant to prevailing
state law or standards.
I.
All off-street parking and off-street loading areas
shall be separated from walkways, sidewalks, streets or alleys by
curbing or other protective devices approved by the Borough Engineer
and the construction office of the Borough of Dumont.
K.
Each off-street parking or loading area shall be connected
to a street by means of a driveway constructed in accordance with
at least the minimum standards required by the Borough of Dumont.
L.
Each off-street parking space shall be clearly marked
in pavement, and directional arrows or signs shall be provided wherever
necessary. Markers, directional arrows and signs shall be properly
maintained so as to ensure their maximum efficiency. This subsection
shall apply to the residential uses.
M.
Adequate lighting shall be provided if the off-street
parking facilities are used at night. If said parking facilities are
near a residential use, the lighting shall be arranged and installed
so as not to reflect or cause glare on the residential use in accordance
with the standards as required by the approving authority of the Borough
of Dumont. Lighting plans shall be submitted showing outer limits
of areas of one footcandle illumination. Illumination shall not exceed
one footcandle beyond the property line in the commercial or industrial
zone and two footcandles in residential zones.
N.
All applications for building permits and/or certificates
of occupancy in the business zone or industrial zone shall be accompanied
by a site plan setting forth a paved parking area with the number
of spaces to be provided.
O.
If, in the course of its site development plan review,
the approving authority determines that by reason of the proposed
use of particular premises, or for any other reason, the number of
parking spaces which will be required to meet the parking needs of
such premises is less than the number of spaces which would otherwise
be required under this chapter, the approving authority shall have
the power to permit the applicant to construct and pave only such
number of parking spaces as the approving authority determines to
be necessary to meet such requirements and to permit the remaining
area, which would otherwise be required to be constructed and paved
for parking purposes, to remain unpaved in a landscaped condition;
provided, however, that the site development plan shall delineate
the full number of parking spaces which, but for such finding of the
approving authority, would be required, and any certificate of occupancy
issued for such premises shall note the decision of the approving
authority as described herein, and provided further that the Zoning
Officer shall, from time to time, inspect said premises to determine
the adequacy of existing parking spaces and report thereon to the
approving authority, and the approving authority shall have the power,
at any time that it determines that construction and paving of the
remaining parking area is necessary in order to satisfy the parking
requirements of the premises, to order such additional construction
and paving. In the event that there is a transfer of ownership of
the premises or a change in its use, or if said premises are leased
to a tenant other than as set forth in the original certificate of
occupancy, or should the holder of the certificate of occupancy, either
as owner or tenant, increase the use beyond which the certificate
of occupancy was issued, the approving authority shall have the power
at that time to request additional site plans for presentation in
order to determine whether the parking requirement shall be increased
or decreased.
P.
Every off-street parking area shall be subject to
site plan approval by the approving authority. The approving authority
shall consider the effect of any parking area upon traffic safety
and abutting properties.
Q.
All parts of all yards not used for off-street parking
areas shall be adequately landscaped, subject to approval by the approving
authority and maintained in good condition. Landscaping plans shall
be submitted with and be part of the site plan applications.
R.
No certificate of occupancy shall be issued until
the applicant has transferred to the Borough of Dumont a certified
check in an amount specified by the Borough Engineer, which amount
shall be equal to 100% of the total cost of the unfinished paving
and/or unfinished landscaping required herein. The total cost of unfinished
paving and/or unfinished landscaping as set forth in the site plan
shall be established by the Borough Engineer in the following manner:
(1)
The Zoning Officer shall cause an estimate of the
cost of such work to be made by the Borough Engineer. The cost of
the estimate shall be paid by the property owner.
(2)
The applicant shall post with the Borough an inspection
fee in the amount of 50% of the approved construction cost estimate
established by the Borough Engineer for site improvements.
(3)
The performance escrow shall be released only upon
the site improvements being completed and upon the posting of a maintenance
guaranty.
S.
Prior to the issuance of the certificate of occupancy
and after approval of all on-site improvements, the applicant shall
post a maintenance guaranty in the form of a certified check in the
amount of 15% of the total construction cost estimate as approved
by the Borough Engineer.
T.
Driveways, Residential.
[Added 4-17-2018 by Ord.
No. 1543]
(1)
Material. New, expanded or otherwise modified (not including routine
maintenance) residential driveways shall be one of two options. They
can be impervious (asphalt, concrete, or pavers) or with a pervious
driveway surface that will permit surface water to pass through the
surface, resulting in minimal runoff to abutting streets, sidewalks,
swales and ditches. The following types of material for residential
driveways are permitted:
(a)
Asphalt. Hot mix asphalt with a minimum of two-inch-thick FABC
Mix 1-5 surface course on a four-inch dense graded aggregate (DGA)
subbase.
(b)
Concrete. Four-inch-thick NJDOT Class B concrete with No. 4
reinforcement wire or equivalent on a stabilized subbase, or six-inch
thick NJDOT Class B concrete on a stabilized subbase.
(c)
Crushed stone. A gravel driveway shall consist of minimum six-inch
layer of compacted crushed stone with appropriate filter fabric underneath
with sufficient edging to prevent spillover. Driveway curbing with
a minimum exposed height of six inches must be constructed along the
border of crushed stone driveways. Driveway curbing may be composed
of concrete, granite block, or plastic composite railroad ties (Trex
or equivalent).
(d)
Pavers. Specially designed concrete paver blocks with gaps that
are filled with stone/sand to allow water to infiltrate into the soil.
(Note that the paver units do not need to be permeable, only the gaps
between the paver units).
(e)
Porous pavement. Asphalt pavement/popcorn mix is produced with
a high percentage of air voices (15% to 20%) that allows water to
pass rapidly through the pavement.
(2)
Aprons. All new driveway aprons shall be poured concrete. Six-inch-thick
NJDOT Class B concrete with No. 4 reinforcement wire or equivalent
on a stabilized subbase.
(3)
Sidewalks. All new sidewalks shall be poured concrete.
(a)
Width of sidewalks. The established width of sidewalks within
the limits of the Borough shall be 1/5 on each side of the width of
the entire street upon which the said sidewalk is laid.
(b)
Driveway. All driveways across any sidewalk shall be a minimum
of 16 feet and not exceed 20 feet in width and shall cross the sidewalk
at right angles thereto and in a straight line until at least five
feet from the curbline. No asphalt shall be overlaid past the gutter
line. Such driveways shall be laid on the established grade of the
sidewalk, and in such manner, that the surface water thereof shall
be conducted to the street gutters.
A.
No building shall be used, erected or expanded unless
off-street loading space shall be provided in such amount and manner
that all loading and unloading operations will be conducted entirely
within the boundaries of the lot concerned, and no vehicles shall
in any manner use public streets, sidewalks or rights-of-way for loading
or unloading operations except for access to the lot.
B.
All exterior loading platforms of any business or
industrial building shall be erected in the rear of said buildings
so as to provide for rear yard loading and unloading only.
A.
Residential zones.
(1)
No fence or fence wall in a side or rear yard shall exceed six feet
in height, measured from the highest point of ground at its base,
except where required by this chapter to screen parking areas. No
fence or fence wall in any required front yard shall exceed three
feet in height, nor shall any fence be placed on a corner lot within
10 feet of the curbline of the street or within the Borough right-of-way,
as determined by a certified survey or as measured by the Borough
Engineer.
[Amended 12-5-2017 by Ord. No. 1529]
(2)
No fence, shrubs or other obstruction to visibility,
exclusive of trim trees or existing buildings, shall be built, planted
or maintained upon a corner lot within 25 feet of any street intersection.
Any existing obstruction of this chapter which, within the foregoing
limits, curtails the view of drivers of vehicles approaching the intersection
shall be removed by and at the expense of the owner of such corner
lot within six months of the date of the passage of this chapter.
(3)
No fence or fence wall (except a retaining wall) over
six feet in height shall hereafter be erected within 10 feet of a
property line. Any fence or fence wall erected pursuant to this chapter
in a residential zone shall be placed such that its architectural
side faces outwards from the property on which it is so erected.
B.
Nonresidential zones. The regulations for residential
zones shall apply herein. Nothing contained herein shall prevent an
owner of nonresidential property, where necessary to protect the public
from dangerous equipment, from applying to the approving authority
for permission to erect a security fence of the chain-link-type above
the six-foot height requirement imposed herein. Fencing in nonresidential
zones abutting residential zones should comply with residential zone
requirements.
[Added by Ord. No. 1050; amended 12-20-2011 by Ord. No. 1437; 6-13-2017 by Ord. No. 1521; 12-19-2017 by Ord.
No. 1532]
A.
In the RA Residential District, no driveway or other paved area having
a total width of more than 20 feet shall be installed or extended
in any front yard area, nor shall any curb cut for such driveway exceed
the width of 20 feet.
B.
In the RA Residential District, no driveway or other paved area having a total width of more than 20 feet shall be installed or extended beyond the setback line or in the rear yard, except if the width of such driveway or paved area is equal to the width of the garage to which such driveway leads, and then only so long as such garage exists. However, nothing contained in this subsection shall be construed to permit the installation or extension of a driveway or other paved area wider than those permitted by Subsection A above in the front yard of the premises
[Added by Ord. No. 1130]
A.
ACCESSORY DWELLING UNIT
CELLAR
DWELLING UNIT
FLOOR AREA
PERSON
PRIMARY DWELLING UNIT
Definitions. For the purpose of this section, the
following definitions are established:
A separate dwelling unit incorporated within or to become
part of an existing detached one-family dwelling, which dwelling also
contains a primary dwelling unit.
That portion of a building which is partly or completely
below grade and having at least 1/2 of its height below grade.
A room or group of rooms within a building forming a single
habitable residential unit with permanent facilities for living, sleeping,
cooking, eating and sanitation.
The sum of the gross horizontal areas of the several floors
of a dwelling, excluding garage areas and cellar floor areas. Said
gross horizontal areas shall be measured from the outside walls of
the dwelling, without deduction for hallways, stairs, closets, thickness
of walls, columns or other features.
A natural person only and not a corporation, partnership
or other similar entity.
The main dwelling unit constituting the space remaining in
such dwelling after the creation of an accessory dwelling unit.
B.
Approval of accessory dwelling unit as a conditional
use. Upon proper application and hearing as herein provided, one accessory
dwelling unit shall be permitted as a conditional use in any existing
detached one-family dwelling in any residential district in the Borough,
provided that the Joint Land Use Board finds and determines that the
following conditions have been met:
(1)
The dwelling for which a permit for an accessory dwelling
unit is sought shall be situated on a lot having a minimum area of
5,000 square feet.
(2)
The dwelling for which such permit is sought shall
have been occupied by the applicant as a detached one-family dwelling
pursuant to an initial certificate of occupancy issued at least 10
years prior to the filing of an application for approval of an accessory
dwelling unit.
(3)
Either the accessory dwelling unit or the primary
dwelling unit shall constitute the domicile of the person or persons
who own the lot on which the dwelling house is situated.
(4)
At least one of the persons occupying either the accessory
dwelling unit or the primary dwelling unit of the dwelling shall be
62 years of age or older.
(5)
The accessory dwelling unit shall be occupied as a
residence by no more than three persons.
(6)
The accessory dwelling unit shall have a minimum floor
area of 400 square feet, but shall not be greater than 50% of the
total floor area of the building.
(7)
No changes shall be made to the exterior of the dwelling
which would detract from its external appearance as a detached one-family
dwelling, except that a separate door to serve as an entrance and
exit for such accessory dwelling unit may be installed, provided that
it does not abut the front yard of the lot. There shall not be separate
utility meters for the accessory dwelling unit.
(9)
An accessory dwelling unit may not be situated or
contained within a cellar or garage.
(10)
The sanitary disposal system for the dwelling,
either existing or as may be modified to accommodate the accessory
dwelling unit, shall be inspected and approved by the Board of Health.
(11)
The accessory dwelling unit as proposed shall
comply with all other ordinances and regulations of the Borough.
(12)
The granting of such application for a conditional
use shall not substantially impair the visual aspect of the immediate
neighborhood of which the dwelling is a part or the surrounding area.
C.
Application procedure.
(1)
No building permit shall be issued for the creation
of an accessory dwelling unit unless a conditional use approval therefor
has been granted by the Joint Land Use Board.
(2)
For a conditional use approval for an accessory dwelling
unit, the procedure shall be as follows:
(a)
An application shall be submitted to the Joint
Land Use Board Clerk in writing, in duplicate, on forms supplied by
the Joint Land Use Board indicating the addresses and ages of the
owners, the names, addresses and ages of the persons who are intended
to occupy the primary dwelling and the number and lot and block designation
of the property involved.
(b)
The application shall be accompanied by 10 copies
of an up-to-date survey of the property prepared by a licensed engineer
or land surveyor depicting the boundaries of the lot and all existing
structures and improvements on the property.
(c)
The application shall also be accompanied by
10 copies of a proposed floor plan drawn by a licensed architect or
engineer depicting all proposed interior and exterior changes to the
dwelling, including the relation of the accessory dwelling unit to
the primary dwelling unit, the location of any proposed additional
exterior doors, any proposed additional parking spaces and any proposed
modifications to the existing sanitary disposal system.
(d)
The fee for such application shall be $100,
plus $150 as an escrow for engineering and legal expenses.
(3)
Upon filing of a complete application for an accessory
dwelling unit as a conditional use, the Joint Land Use Board shall
conduct a hearing.
(4)
On such hearing the applicant shall give notice, in
writing, to all property owners within 200 feet of the property in
question and shall publish notice in one of the official newspapers
of the Borough as required by this chapter.
(5)
A list of property owners to whom the applicant is
required to give notice shall be furnished by the Tax Office of the
Borough.
(6)
The Joint Land Use Board shall render its decision
not later than 95 days from the filing of a complete application.
(7)
Any such approval granted by the Joint Land Use Board
shall expire unless the construction with respect thereto shall have
been actually commenced within 120 days of the Joint Land Use Board's
determination on the application, and the period of limitation herein
shall be tolled from the date of filing an appeal from the Joint Land
Use Board's decision to a court of competent jurisdiction until the
termination in any manner of such appeal or proceeding.
(8)
The Joint Land Use Board's decision on such application and the publication of said decision shall be in accordance with the provisions of this Chapter 455.
(9)
Within 30 days of the completion of all construction
with respect to the creation of said accessory dwelling unit and written
notification thereof by the applicant, the Building Inspector shall
conduct a physical inspection of the dwelling, including the accessory
dwelling unit, to determine whether all such construction complies
with all ordinances of the Borough.
(a)
If the Building Inspector finds and determines
that all such ordinances have been complied with, he shall issue a
certificate of occupancy for the accessory dwelling unit upon the
payment of a fee of $40.
D.
Miscellaneous provisions.
(1)
Affidavit of continued compliance.
(a)
On or before the first of January next following
the issuance of a certificate of occupancy for an accessory dwelling
unit and on or before each and every January 1 next following, the
owner of the dwelling for which said certificate of occupancy was
granted shall file in the office of the Building Inspector a sworn
affidavit, in the form prescribed by the Borough Clerk, which shall
state that there has been no change in the conditions upon which the
approval was originally granted.
(b)
If said owner shall fail to file any affidavit
as herein required, the certificate of occupancy issued for said accessory
dwelling unit shall automatically be revoked and the Building Inspector
shall notify the owner, in writing, of such revocation.
(c)
Any continued occupancy of such accessory dwelling
unit following notice of revocation shall constitute a violation of
this section.
(2)
Transfer of dwelling.
(a)
Upon the transfer of title by the owner of a
dwelling in which an accessory dwelling unit is contained, the certificate
of occupancy issued with respect to such accessory dwelling unit shall
automatically expire upon the later of the 180th day after the recordation
of such transfer in the office of the Bergen County Clerk or the expiration
of a written lease for such accessory dwelling unit, provided that
in no event shall such continued use of the accessory dwelling unit
under a written lease extend beyond a period of one year from the
date of recordation of such transfer in the office of the Bergen County
Clerk, unless within such time period a new certificate of occupancy
for such accessory dwelling unit is issued in the name of the new
record owner of the property.
(b)
Before any new certificate of occupancy may
be issued, the Building Inspector shall conduct a physical inspection
of the dwelling, including the accessory dwelling unit, in order to
determine that, other than with respect to the new ownership of the
dwelling, there has been no change in the conditions upon which the
original certificate of occupancy was granted.
(c)
If the Building Inspector finds and determines
that there has been no such change in conditions, he shall issue a
new certificate of occupancy for the accessory dwelling unit upon
the payment of a fee of $40.
(3)
Death or vacation of senior citizens.
(a)
Upon the death of the person 62 years of age
or older or the permanent vacation of such person from the accessory
dwelling unit or primary dwelling unit in the dwelling for which approval
hereunder was granted, the owner of such dwelling shall have a grace
period within which the certificate of occupancy shall continue in
full force and effect. Said grace period shall consist of the longer
of either 180 days or the time remaining in the term of a written
lease for the accessory dwelling unit, provided that in no event shall
such continued use of the accessory dwelling unit under a written
lease extend beyond a period of one year from the date of the death
of the person 62 years of age or older or the permanent vacation from
such person from the accessory dwelling unit or primary dwelling unit.
(b)
If by the expiration of such period no other
person or persons being 62 years of age or older shall have commenced
occupancy of the accessory or primary dwelling unit, the certificate
of occupancy issued for the accessory dwelling unit shall automatically
be revoked, and the Building Inspector shall notify the owner, in
writing, of such revocation.
(c)
Any continued occupancy of such accessory dwelling
unit as an accessory dwelling unit following notice of revocation
shall constitute a violation of this section.
(4)
Inspections. The Building Inspector shall have the
right to conduct inspections in order to determine compliance or continued
compliance with the provisions of this section.
(5)
Expiration. Any accessory dwelling unit approved by the Joint Land Use Board as a conditional use pursuant to the terms and provisions of this section shall be deemed abandoned and the certificate of occupancy with respect thereto shall automatically expire upon any change in or noncompliance with the conditions set forth in Subsection B hereof.
[Added 3-6-2018 by Ord.
No. 1534]
A.
Residential development set-aside requirements.
(1)
Except as otherwise regulated in this chapter, any multifamily
residential development that is approved to provide densities at or
above six units per acre as a result of any action of the Dumont Joint
Land Use Board shall be required to set aside a minimum percentage
of units for affordable housing. Where units will be for purchase,
the minimum set aside shall be 20%. Where units will be for rent,
the minimum set aside shall be 15%.
B.
Affordable housing compliance mechanisms.
(1)
Any developer with an affordable housing set-aside requirement pursuant to Subsection A(1) above shall be permitted to satisfy said requirement through any of the following mechanisms, or a combination thereof, provided that advanced written permission is obtained from the Borough of Dumont:
(a)
On-site housing production;
(b)
Off-site housing production in the Borough;
(c)
The purchase of an existing market-rate dwelling at another
location in the Borough and conversion thereof to an affordable deed-restricted
dwelling in accordance with the applicable New Jersey Council on Affordable
Housing (COAH) regulations, as may be amended from time to time;
(d)
Participation in gut rehabilitation and/or buy-down/write-down
and/or buy-down/rent-down programs;
(e)
Payment in lieu of providing affordable housing; and
(f)
Any other compliance mechanism permitted under the applicable
COAH regulations, as may be amended from time to time.
(2)
Satisfaction of the affordable housing compliance mechanism(s)
so permitted shall be an automatic condition of all approvals. Said
condition shall be satisfied in accordance with COAH's phasing requirements
pursuant to N.J.A.C. 5:93-5.6(d).
C.
Applicable rules; tenure; administration.
(2)
The affordable units to be produced shall either be purchase
or rental units, which shall be at the discretion of the developer.
(3)
It shall be the developer's responsibility, at its cost and
expense, to arrange for an administering agency that may either be
the Borough of Dumont Municipal Housing Liaison, or some other entity
approved by COAH and the Borough, to ensure full compliance with these
rules and such certifications, reports and/or monitoring forms as
may be required to verify compliance of each affordable unit.
D.
Payments in lieu of construction.
(1)
The amount of payments in lieu of constructing affordable units
on site shall be based on the cost of constructing each new residential
unit, less proceeds anticipated from the sale of the unit or the capitalization
of rental income from the unit. The cost of constructing new residential
units includes the sum of development hard costs, related soft costs
and developer's fees pursuant to the cost containment provisions of
N.J.A.C. 5:43-2.4(a)1 through 6, and land costs equal to 25% of the
first quartile of new construction costs as reported to the Homeowner
Warranty Program.
(2)
Example:
|
1st Quartile
|
Land Costs
|
Construct- ion Costs
|
Total Cost
|
Affordable Price
|
Required Payment in Lieu Amount
|
|---|---|---|---|---|---|
|
$255,000
|
$63,750
|
$163,206
|
$244,491
|
$95,808
|
$148,683
|
[Added 3-6-2018 by Ord.
No. 1533]
A.
Purpose. The purpose of the Downtown Overlay Zone District is to
create a realistic opportunity for the construction of low- and moderate-income
housing in suitable portions of the Borough of Dumont's B2 Business
Zone, and thereby help to address the fair share housing obligation
of the Borough of Dumont under the New Jersey Fair Housing Act. The
Downtown Overlay Zone District encourages the development of low-
and moderate-income housing by allowing for higher densities and building
heights; however, developers shall also have the option of developing
in accordance with the underlying B2 Zone standards.
B.
Permitted uses. The uses permitted and prohibited in the Downtown Overlay Zone District shall be identical to those uses permitted and prohibited in the B2 Business Zone as set forth at § 455-9; provided, however, that any developer that elects to develop in accordance with the Downtown Overlay Zone District standards as set forth hereinbelow shall be required to provide multifamily dwellings above the first floor of all buildings.
C.
Multifamily residential requirements.
(1)
Multifamily residential shall be permitted to be developed at
a maximum gross density of 20 dwelling units per acre, with the exception
of the following parcels, whereon the maximum gross density shall
be 24 dwelling units per acre:
(2)
All multifamily development constructed within the Downtown
Overlay Zone shall be required to set aside a minimum percentage of
units for affordable housing. Where units will be for purchase, the
minimum set aside shall be 20%. Where units will be for rent, the
minimum set aside shall be 15%. When calculating the required number
of affordable units, any computation resulting in a fraction of a
unit shall be rounded upwards to the next whole number.
(4)
The affordable units to be produced shall either be purchase
or rental units, which shall be at the discretion of the developer.
(5)
Any property within the Downtown Overlay Zone that is listed
as historic on the National Register of Historic Places and/or the
State Register of Historic Places shall be exempt from the requirement
to provide multifamily dwellings above the first floor.
E.
Buffer strips. The following buffer strip requirements shall apply
to any use in the Downtown Overlay Zone District which adjoins or
is adjacent to a single-family residential use or any land that is
zoned for single-family residential use:
(1)
The use shall be screened along those portions of the property
that are adjacent to or adjoin a single-family residential use or
zone by a fence or fence wall of not less than five feet in height
or with a four-foot planting strip consisting of shrubs or trees which
are at least four feet high at the time of planting.
(2)
Such screening shall extend to the minimum setback line for
the surrounding property.
[Added 5-1-2018 by Ord.
No. 1536[1]]
A.
BUILDING HEIGHT
IMPERVIOUS COVERAGE
LOT AREA
Definitions. As used in this section, the following items shall have
the meanings indicated:
The vertical distance between the average finished ground
elevation around the foundation of the building and the elevation
of the highest point of the building if the roof is flat or, in the
case of sloping roofs, to a point half the distance between the rafter
plate and the uppermost point of the roof, inclusive of a parapet.
The area of a lot covered by impervious surfaces.
The total area within the lot lines of a lot. To the extent
that any property owner contributes, without consideration, lands
for a county or municipal road improvement, all calculations utilizing
the lot area shall be determined by the area of each respective lot
prior to the contribution of lands for the stated purpose.
C.
Permitted accessory uses:
(1)
Attached garages for automobiles.
(2)
Off-street parking.
(3)
Clubhouse, pools and recreational/fitness amenities for use
by residents and their guests.
(4)
Fences, fence walls, retaining walls.
(5)
Trash enclosures.
(6)
Signs.
(7)
Other accessory uses which are customary and incidental to the
permitted principal uses.
D.
Bulk requirements.
|
Requirement
|
Block 212, Lot 20
|
Block 215, Lot 1
|
|---|---|---|
|
Minimum lot area (acres)
|
6
|
1
|
|
Minimum front yard setback (feet)
|
25
|
15
|
|
Minimum rear yard setback (feet)
|
25
|
15
|
|
Minimum side yard setback (feet)
|
25
|
15
|
|
Minimum setback to parking spaces (feet)
|
10
|
10
|
|
Maximum impervious coverage
|
70%
|
70%
|
|
Maximum building coverage
|
35%
|
25%
|
|
Maximum building height* (stories/feet)1
|
3/35
|
3/42
|
|
Maximum density (units per acre)2
|
22
|
22
|
|
NOTES:
|
|
1 Except that up to 50% of the units
may be contained in a building up to 42 feet in height.
|
|
2 Up to a maximum of 146 residential
units.
|
E.
Affordable housing requirements.
(1)
Within the RP1 District, 15% (22 units) of the total number
of units (146) in the development shall be set aside as affordable
units. All affordable units shall be located on Block 215, Lot 1.
F.
Parking. Off-street parking shall be provided in accordance with
the New Jersey Residential Site Improvement Standards (RSIS).
G.
Landscape and buffer requirements.
(1)
Street trees shall be provided along all lot frontages on municipally
owned streets and along all access drives consistent with the following:
(a)
Trees of the following species shall be planted 40 feet on center:
|
Chinese elm
|
|
Coffeetree
|
|
Greenspire linden
|
|
Katsure tree
|
|
Maidenhair tree
|
|
October glory red maple
|
|
Patmore ash
|
|
Red sunset maple
|
|
Regent scholartree
|
|
Rosehill ash
|
|
Shademaster locust
|
|
Village green zelkova
|
(b)
Trees of the following species shall be planted 50 feet on center:
|
Green mountain sugar maple
|
|
London plane-tree
|
|
Red oak
|
|
Sovereign pin oak
|
(c)
Trees shall be a minimum of three inches in caliper at time
of planting.
(2)
Parking area shade trees.
(a)
Shade trees as listed in Subsection G(1) above shall be provided at the rate of one tree per every 10 parking spaces. The does not include any off-street parking space provided in a garage. Such trees may be provided within or adjacent to such off-street parking areas.
(b)
For the purposes of counting shade trees in accordance with
the above, any tree planted within landscape islands internal to parking
areas and any tree planted within 10 feet of the perimeter curbing
of a parking area shall qualify as a parking area shade tree.
(c)
Trees shall be a minimum of three inches in caliper at time
of planting.
(3)
Tract buffer.
(a)
A tract buffer shall be provided around the perimeter of Block
212, Lot 20, that is an average of 20 feet in width and a minimum
of 10 feet in width. A tract buffer shall be provided around the perimeter
of Block 215, Lot 1, that is an average of 15 feet in width and a
minimum of 10 feet in width.
(b)
Buffer plantings shall consist of a combination of shade trees,
evergreen trees, ornamental trees and shrubs to provide a natural
looking buffer while providing a visual screen.
(c)
Buffer plants shall be the following size at the time of planting:
[1]
Shade trees shall be planted at a minimum three-inch
caliper and shall be a minimum of 10 feet in height, balled and burlapped.
[2]
Evergreen trees shall be planted at a minimum height
of seven feet, balled and burlapped.
[3]
Ornamental trees shall be planted at a minimum
two-inch caliper and shall be a minimum of six feet in height, balled
and burlapped.
[4]
Shrubs shall be of a variety that matures at a
minimum height of six feet and shall be planted at a minimum of 30
inches in height. At least 50% of shrubs shall be evergreen.
(d)
Shade trees shall be considered deciduous trees that mature
to a height of 50 or greater feet. Evergreen trees shall be considered
trees which mature to a height of 40 or more feet and have a mature
width of over 10 feet. Should narrower varieties of evergreens be
proposed for buffer plantings, additional plants shall be required
to achieve a visual screen.
(e)
Existing trees within the proposed buffer areas that are healthy
shall be retained.
(f)
Proposed buffer plantings shall be arranged in a naturally staggered
pattern and shall not be lined up in straight, single rows.
H.
Lighting standards.
(1)
Low-pressure sodium or mercury vapor lighting is prohibited.
(2)
Parking area lighting shall comply with the following standards:
(a)
Lighting fixtures shall be no more than 16 feet in height.
(b)
An average of 1.0 footcandle shall be maintained within parking
areas and along all sidewalks.
(c)
Parking area fixtures shall be full cut off or have shields
to prevent light spillage on adjacent properties. Footcandles shall
be limited to a maximum of 0.5 footcandle at the property line where
the RP1 District abuts existing single-family residences.
(d)
No lighting fixtures shall be within 10 feet of the property
line.
I.
Building design standards.
(1)
Architecture.
(a)
All building facades shall consist of brick, stone, cast stone,
stucco, simulated stucco, cedar shakes or other high-quality materials,
such as Hardiplank, cementitious boards, cultured stone, etc.
(b)
Buildings shall avoid long, monotonous, uninterrupted walls
or roof planes. Building wall offsets, including projections, such
as balconies, canopies and recesses, shall be used to add architectural
interest, variety and to relieve the visual effect of a simple, long
wall. Similarly, dormers or gables shall be provided to provide architectural
interest and variety to the massing of a building and to relieve the
effect of a single, long roof.
(c)
All sides of a building shall be architecturally designed to
be consistent with regard to style, materials, colors and details.
(d)
Gable and hipped roofs shall be used. Both gable and hipped
roofs shall provide overhanging eaves on all sides that extend a minimum
of one foot beyond the building wall.
(e)
Fenestration shall be architecturally compatible with the style,
materials, colors and details of the building. Windows shall be vertically
proportioned.
(f)
All entrances to a building shall be defined and articulated
by architectural elements, such as lintels, pediments, pilasters,
columns, porticoes, porches, overhangs, railings, etc.
(g)
Heating, ventilating and air-conditioning systems, utility meters
and regulators, exhaust pipes and stacks, satellite dishes and other
telecommunications receiving devices shall be screened or otherwise
specially treated to be, as much as possible, inconspicuous as viewed
from the public right-of-way and adjacent properties.
(2)
Trash enclosures.
(a)
Trash enclosures shall not be visible from any public street.
(b)
All trash enclosures shall be screened by a solid masonry wall
on three sides and heavy-duty gate closures on the fourth side.
(c)
All trash enclosures shall be surrounded by a mixture of deciduous
and evergreen plant species that are a minimum of six feet at the
time of planting.
J.
Traffic study. The applicant shall submit a traffic study that shows
traffic patterns on-site and off-site.
K.
Access. A copy of any and all development applications shall be submitted
to the Borough of Dumont Fire Chief. Secondary means of access shall
be at the discretion of the Fire Chief.
[Added 8-16-2022 by Ord. No. 1609]
A.
It is hereby declared to be the purpose of this section to regulate
the closing hours of various retail businesses within the Borough
of Dumont in order to avoid the noise, inconvenience and disturbance
to residential areas within the Borough which are caused when retail
establishments remain open during the late evening hours. It is hereby
declared and determined to be in the best interest of the health,
safety and welfare of the residents of the Borough of Dumont that
the retail businesses regulated by this section cease the conduct
of their business at a reasonable hour.
B.
"Retail business" is defined for this section to include any business
which holds itself out to the public for the sale of retail goods
and services on-premises, including food and beverages. This shall
not include those businesses which have a valid liquor license or
businesses making deliveries.
C.
Every retail business within the Borough of Dumont shall be closed
to the public, and business with the public therein shall be and is
hereby prohibited, after the hour of 12:00 midnight and before the
hour of 5:00 a.m. of any day.
D.
All exterior and window electrical lighting or illumination, whether
temporary or permanent, for each retail business shall be extinguished
at the closing time of said business. The provisions of this subsection
shall not apply to security lights.
E.
A contractor is prohibited from performing work of any kind between
the hours of 7:00 p.m. and 7:00 a.m. in residential zones. "Contractor"
means any person or company that provides goods or services to another
person or company under terms specified in a contract or within a
verbal agreement. A homeowner may perform home improvement or yard
work at their own property between the hours of 7:00 a.m. and the
later of 7:00 p.m. or dusk without violating this section. "Homeowner"
means a person living in or owning a home.
