CHAPTER XXIV   ZONING

 

 

24-1    TITLE AND PURPOSES.

 

24-1.1    Long Title.

   The long title of this Chapter is: "An Ordinance to Amend and Supplement an Ordinance Entitled 'An Ordinance to Limit and Restrict to Specified Districts, and to Regulate Therein Buildings and Structures According to Their Construction, and The Nature and Extent of Their Use in the Township of Mahwah, County of Bergen and the State of New Jersey and To Provide for the Administration and Enforcement Thereof and to Fix Penalties for Violations Thereof ' as Amended and Supplemented." (Ord. #574; 1976 Code §179-1)

 

24-1.2    Short Title.

   This Chapter shall be known and cited as the "Zoning Ordinance of the Township of Mahwah." (Ord. #574; 1976 Code §179-2)

 

24-1.3    Legislative Intent.

a.     The intent of this Chapter is to establish a precise and detailed plan for the use of land and buildings in the Township, enacted in order to promote and protect the public health, safety and morals and the general welfare of the people.

b.     The Zoning Ordinance for the Township shall be viewed as a permissive ordinance. In no instance after the adoption of this Chapter shall any use be permitted in the Township which is not listed as a permitted, accessory or conditional use as specified herein. Any uses not permitted or specified shall be prohibited.

        (Ord. #574; 1976 Code §179-3)

 

24-1.4    Purposes.

   Such regulations are deemed necessary to achieve the following purposes:

a.     Promote Orderly Development: to protect the character and maintain the stability of all areas within the Township, and to promote the orderly and beneficial development of such areas.

b.     Regulate Intensity of Use: to regulate the intensity of use of zoning lots and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, privacy and convenience of access to property and to protect the public health, safety and welfare.

c.     Regulate Location of Buildings and Establish Standards of Development: to establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines and to fix reasonable standards to which buildings or structures shall conform.

d.     Prohibit Incompatible Uses: to prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.

e.     Regulate Alterations of Existing Buildings: to prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.

f.      Limit Congestion in Streets: to limit congestion in the public streets and so protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.

g.     Protect Against Hazards: to provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare.

h.     Conserve Taxable Value of Land: to conserve the taxable value of land and buildings throughout the Township.

i.      Statement of Purpose for PRD-4S Zoning: The purpose of this district (PRD-4S) is to provide legislation which mandates the construction of adult and patio type housing, in an area of the Township which is currently impacted by two (2) diverse development types; that of a trailer park and low density single family homes.

           The mapped location of the PRD-4S District will function as a transition use between the trailer park and single family homes both in terms of density and building scale.

           The provision for multiple family housing in this area of the Township is consistent with current Master Plan and Zoning Policy to provide for a multiplicity of housing types appropriately spread or allocated to the several different physical neighborhoods of the Township.

j.      Statement of Purpose for Rezoning Lots 1B and 3B Block 32 from R-20 to GI-80: Lot 1B is rezoned to GI-80 from R-20 predicated upon the Master Plan recommendation of the Planning Board. Lot 1B is adjacent to intensive commercial and industrial land uses fronting on Franklin Turnpike and Cedar Hill Avenue. Lot 1B is denuded and is at a lower grade than most all surrounding properties and is ideally suited as a natural drainage/retention area for the surrounding properties, which have been severely flooded in the past and contributed to the continuing flooding problems along the Masonicus Brook and the Mahwah River. The property owners of Lot 1B have proposed a retention pond of six (6) acres to accommodate approximately two hundred fifty (250) acres of adjacent water shed. Lot 3B is rezoned to GI-80 to conform it to its current use.

k.     It is the intent of the ML-1 and ML-2 Zone regulations to provide a realistic opportunity for the construction of a variety of housing types for a variety of income levels in the Township, including housing for lower income households; and to encourage the development of such lower income housing, and other housing, by providing specific land use regulations addressing those needs. These regulations are designed to meet the mandate of South Burlington County N.A.A.C.P. vs. Mount Laurel Township, 92 NJ 158 (1983) also referred to herein as Mount Laurel II. Any provisions of any other ordinance not in conflict with the ML-1 and ML-2 zoning regulations and which imposes higher standards shall be applicable.

        (Ord. #574; Ord. #815; Ord. #823; Ord. #851; 1976 Code §179-4)

 

 

24-2    DEFINITIONS AND WORD USAGE.

 

24-2.1    Word Usage.

   Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this Chapter. Words used in the present tense include the future; the singular number shall include the plural and the plural, the singular; the word "structure" shall include the word "building"; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the word "occupies" includes the words "designated or intended to be occupied"; the word "used" shall include the words "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "shall" is mandatory and not optional, and the word "may" is permissive. (Ord. #574; 1976 Code §179-5)

 

24-2.2    Definitions.

   As used in this Chapter:

Accessory use or structure shall mean use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the principal use of the principal building.

Adult homes shall mean housing intended exclusively for persons fifty-five (55) years of age or older and the spouses of such persons; when necessary for the care of persons fifty-five (55) years of age or older, one (1) person other than a spouse under fifty-five (55) years of age is permitted in each household.

Affordable Housing Plan shall mean Ordinance No. 1294 adopted in 1998 which sets forth regulations regarding the rental and sale of low and moderate income units in the Township of Mahwah. (Section 24-13)

Animal hospital shall mean a place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to hospital use and treatment.

Animal kennel shall mean any building, structure or premises in which animals are kept, boarded or trained for commercial gain.

Applicant shall mean a developer submitting an application for development.

Application for development shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.

Automobile service station or gasoline station shall mean a building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered.

Basement shall mean a story partly above grade level, having more than one-half (1/2) of its floor-to-ceiling height above the average level of the adjoining ground. A "basement" shall be counted as a story if used for business or dwelling purposes.

Board shall mean the Planning Board of the Township.

Building shall mean an enclosed structure having a roof supported by columns or walls. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up to and through the roof, each part is deemed a separate building, except as regards minimum side yard requirements.

Building height shall mean the vertical distance from the average point of the finished grade to the mean level of the roof.

Building, principal shall mean a structure in which is conducted the principal use of the site on which it is situated.

Carport shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides.

Cellar shall mean a story partly above grade level, having more than one-half (1/2) of its floor-to-ceiling height below the average level of the adjoining ground. No "cellar" or portion thereof shall be used as a dwelling unit.

Common open space shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

Court shall mean any area which is bounded by three (3) or more attached building walls.

Critical Land Use shall mean land use that, if located in the vicinity of an Oil and Hazardous Substance Pipeline, represents an unusually high risk to life in the event of a pipeline failure due to the characteristics of the inhabitants or functions of the use. Critical Land Uses include without limitation:

a.     Child care;

b.     Houses of worship and other religious institutions;

c.     Hospitals;

d.     High-rise buildings, including hotels, dormitories, apartment complexes, and office buildings, which may not lend themselves to a timely evacuation;

e.     Open space uses, including Green Acres and Township of Mahwah-owned lands designated as open space preservation areas, farmland preservation areas, historic preservation areas, Blue Acres preservation areas, active recreation areas, and passive recreation areas;

f.      National Park Service designated National Natural Landmarks;

g.     New Jersey Department of Environmental Protection (“NJDEP”) designated New Jersey Natural Areas and Natural Heritage Priority Sites;

h.     Senior and residential care facilities;

i.      Institutional uses, including public and private schools, day-care facilities, and public or public buildings;

j.      Land traversing sole source aquifers.

        (Ord. No. 2017-1807)

Developer shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

Development shall mean the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required.

District or zone shall mean any portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Chapter.

Dwelling shall mean any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons.

a.   Dwelling, one-family shall mean a building occupied or intended for occupancy exclusively by one (1) family or one (1) household, with two (2) separate direct means of access to the outside and further provided with cooking, sleeping and sanitary facilities for the use of the occupants of the unit. Also referred to as a "single-family dwelling".

b.   Dwelling, two-family shall mean a building occupied or intended for occupancy as separate living quarters for no more than two (2) families or two (2) households, with two (2) separate means of access to the outside for each dwelling and with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to and through the roof or by horizontal floors; also referred to as a "duplex dwelling".

c.    Dwelling, multifamily shall mean a structure or building occupied or intended for occupancy as separate living quarters for more than two (2) families or households, with two (2) separate direct means of access to the outside for each dwelling unit and further provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.

Dwelling, detached shall mean a dwelling which is completely surrounded by permanent open spaces.

Dwelling unit shall mean one (1) or more rooms, occupied or intended for occupancy as separate living quarters by one (1) family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof. Occupancy by more than one (1) family or household within a single dwelling unit shall constitute a violation of this Chapter.

Essential Public Facilities shall mean those public facilities which provide basic health and safety services to residents and visitors of Township of Mahwah, including, without limitation, water sanitation plants, water treatment plants, sewer treatment plants, water storage facilities, municipal telecommunication towers, police stations, fire stations, jails, courthouses, public health facilities, and emergency operations centers. (Ord. No. 2017-1807)

Essential service shall mean the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health, safety or general welfare.

Family shall mean a group of persons functioning as a single housekeeping unit and whose relationship is of a permanent, stable and domestic character as distinguished from non-familial institutional uses, boarding homes, fraternities, sororities, clubs, associations, transient housing or other similar forms of housing.

Farm shall mean an area of land which is actively devoted to agricultural or horticultural use which occupies no less than five (5) acres, exclusive of the land upon which the farmhouse is located and such additional land, in conformance with the minimum lot size of the residential zone in which the farm is located, as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.

Fitness and health club shall mean a membership establishment that provides some or all of the following uses and activities provided that same are completely located within an enclosed building:

a.   Aerobic areas.

b.   Free weight areas.

c.    Cardiovascular areas.

d.   Workout floors.

e.   Swimming pools.

f.    Basketball courts.

g.   Racquetball courts.

h.   Tennis courts.

i.    Rock-climbing facilities.

j.    Sports facilities for soccer, lacrosse, football, softball, baseball and golf and similar sports activities.

k.   Running and jogging tracks.

l.    Men's and women's locker rooms.

m.  Men's and women's showers, saunas and steam rooms and bathrooms.

n.   Exercise machine areas.

o.   Boxing areas.

p.   Hot tub/Jacuzzi facilities not to exceed one (1%) percent of the gross floor area.

q.   A "juice bar" or snack bar-type service provided that said services are limited to no more than one point five (1.5%) percent of the gross floor area of the proposed building. Under no circumstances shall a restaurant, cafe, luncheonette, cafeteria or other similar facility, including take-out services, be permitted within said fitness and health club.

r.    Storage facilities related to other permitted use established herein.

s.    Pro-shop, provided that said uses shall not exceed two (2%) percent of the gross floor area.

t.    Office spaces devoted to sales, maintenance and operation of the fitness and health club facility, provided that said areas do not exceed four (4%) percent of the total floor area.

u.   Maintenance and laundry facilities directly related to the business and operations of the fitness and health club.

v.   Child care facilities.

Floor area shall mean the sum of the gross horizontal area of the several floors of a building measured from the exterior walls in a building. "Floor area" shall not include the area devoted to mechanical equipment serving the building, areas devoted exclusively to off-street parking and loading space for motor vehicles or to any space where the floor-to-ceiling height shall be less than seven (7') feet six (6") inches.

Floor area ratio shall mean the ratio of floor area to land area.

Garage shall mean a building or a structure used for the storage of one (1) or more vehicles. If it is maintained primarily for the convenience of the resident-occupant of the premises and no service is rendered to the public or business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.

Garden apartments shall mean one (1) or more multiple family buildings not exceeding two and one-half (2-1/2) stories or thirty-five (35') feet in height, containing off-street parking, outdoor recreational facilities and as more fully required herein. Each dwelling unit therein shall contain two (2) separate direct means of access to the outside.

Grade shall mean a reference plane representing the average of finished ground level adjoining the building at the four (4) building corners of the structure.

Gross density shall mean the total number of dwelling units on the tract divided by the total area of the tract, including environmentally sensitive or restricted areas. The result is expressed as dwelling units per acre (du/ac).

Habitable space shall mean living space and rooms and other than common hallways, cellar, storage space, garage and basement.

Hazardous Substance shall mean any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act, Public Law 92-500; 33 U.S.C. § 1251 et seq.), the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-4 et seq., including without limitation petroleum, petroleum products, pesticides, solvents and other substances. (Ord. No. 2017-1807)

Health and wellness center shall mean a hospital sponsored establishment that provides services, facilities and education to promote health, healthcare, wellness, fitness and health maintenance. Such services and facilities include exercise and fitness facilities, fitness training and education, restorative health services, physical, speech and occupational therapy, cardiovascular wellness training and similar facilities and services to enhance health, fitness, wellness and well-being. Such services, facilities and education to be provided by professional training, health, nutrition and medical personnel to the general public. Specific uses shall, at a minimum, include the following:

a.   Exercise and fitness rooms and equipment.

b.   Cardiovascular wellness and strength training.

c.    Individual and group fitness and exercise programs.

d.   Community health education programs and individual health education counseling.

e.   Classrooms, meeting rooms and conference rooms.

f.    Nursing and physicians' offices and medical exam rooms affiliated with the use of the Health and Wellness Center not to exceed four (4%) percent of the gross floor area.

g.   Rehabilitative services conducted by licensed rehabilitation, therapy or health care professionals which may include medical spas for rehabilitative therapy services provided by licensed professionals and facilities, cardiac rehabilitation, physical, speech and occupational therapies.

Additional uses may also include the following:

h.   Swimming pools, lap pools, therapy pools, whirlpools, locker rooms, private changing rooms, steam rooms, saunas and showers.

i.    Programs to provide individual and group aquatic exercise and rehabilitation programs.

j.    Health research library and computers.

k.   Child care facilities.

1.   Cooking classrooms for the training and instruction of the preparation of healthful diets.

m.  Cafe serving food and beverages in an area not to exceed three (3%) percent of the gross floor area of the proposed facility with no more than fifty (50) seats.

n.   Retail sales of durable medical equipment and health related merchandise, vitamins and supplements, apparel, educational material, and other items consistent with the Health and Wellness Center use. The retail space shall not exceed two (2%) percent of the gross floor area of the proposed facility.

o.   Storage facilities related to the Health and Wellness Center use; maintenance and laundry facilities related to the business and operation of the Center.

Height, building shall mean the vertical distance from the average point of the finished grade to the mean level of the roof.

Height, court shall mean the vertical distance from the lowest level of the court to the mean height of the top of the enclosing walls.

Height, story shall mean the vertical distance from top to top of two (2) successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists, or, when there is not a ceiling, to the top of the roof rafters.

Height, walls shall mean the vertical distance from the foundation wall or other immediate support of such wall to the top of the wall.

Historic site shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated.

Home occupation shall mean a lawful service occupation or service profession which is customarily carried on in a residence and is clearly incidental and secondary to the residential use of the premises.

Home office shall mean the use of a portion of a single family dwelling as an office area for use only by members of the household residing on the premises.

Hoofed animals shall mean any animal which is a solid-hoofed or cleft-hoofed quadruped, including but not limited to horses, ponies, sheep, goats, cows, donkeys and mules, but excluding swine and pigs, whether mature animals or their young.

Household shall mean a group of not more than three (3) persons who are not related by blood, marriage or adoption, living together as a single housekeeping unit.

Improved lot coverage shall mean the percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking lots and garages and other man-made improvements.

Industrial park shall mean a contiguous tract of land or ten (10) acres or more upon which the principal use shall be one (1) or more industrial uses, which shall be developed or subdivided as a single planned entity and shall meet the requirements of this Chapter.

Lot shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

a.     Lot, corner shall mean a parcel of land at the junction of and abutting on two (2) or more intersecting streets.

b.     Lot, interior shall mean a parcel of land other than a corner lot.

c.     Lot, through shall mean a parcel of land which extends through from one street to another.

Lot area shall mean the computed area contained within the lot lines.

Lot coverage shall mean that portion of a lot which is occupied by buildings and accessory structures but not including walkways, driveways, patios and open parking lots.

Lot depth shall mean the mean horizontal distance between the front lot line and rear lot line, measured at the following points: (1) at the midpoint of the front lot line to the midpoint of the rear lot line, and (2) at a point where the two opposing side lines are closest to each other, draw a straight line along each side of the lot that extends as close to perpendicular as possible from the front lot line, to the rear lot line. In the case of a triangular shaped lot, wherein there is no discernible rear lot line, the lot depth measurement shall be taken from the midpoint of the front lot line to the intersection of the side lot lines where that occurs most distant from the front lot line.

Lot frontage shall mean the length of the front lot line.

Lot line shall mean a line of record bounding the lot.

a.     Lot line, front shall mean the lot line separating the lot from the street right-of-way; also referred to as a "street line."

b.     Lot line, rear shall mean the lot line opposite and most distant from the front lot line.

c.     Lot line, side shall mean any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."

Lot width shall mean the distance between the side lines, measured parallel to the front lot line at the required front yard setback line.

Mobile home shall mean any commercially manufactured vehicle, or combination thereof, used, designed or intended for use, for permanent occupancy as living quarters for one (1) family or household, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, propelled by the power of another vehicle to which it may be attached, and whether the axle or carriage to which the wheels may be affixed is detachable or detached.

Mobile home park shall mean one (1) or more parcels of land under single ownership which have been planned for the placement of two (2) or more mobile homes, appurtenant structures or additions.

Motor vehicle body repair shop shall mean a place of business within a principal building where the bodies of motor vehicles are repaired and/or rehabilitated. Motor vehicles shall be limited to passenger cars, vans and small trucks not exceeding two (2) tons in weight classification. Permitted activities include metal fabricating and refinishing, sanding and painting and other related mechanical activities necessary to repair auto bodies.

Net density shall mean the total number of dwelling units within a designated residential land use parcel divided by the total land area of the designated residential land use parcel less major recreational facilities, streets and public facilities within the parcel. The result is expressed as dwelling units per acre (du/ac).

Nonconforming lot shall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Nonconforming structure shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Nonconforming use shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this Chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Nuisance shall mean any unlawful use or uses which are unreasonable under all circumstances or which will endanger the health or welfare of the adjacent properties.

Off-site shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

Off-tract shall mean not located on the property which is the subject of a development application, nor located on a contiguous portion of a street or right-of-way.

Oil and Hazardous Substance Pipeline shall mean a pipeline, whether above or below ground, which transports or is designed to transport Oil or other Hazardous Substance. As used herein, a pipeline includes all parts of those physical facilities through which Oil or a Hazardous Substance moves or is meant to move in transportation, including pipes, valves, and other appurtenances attached to pipes, compressor units, pumping stations, metering stations, regulator stations, delivery stations, emergency response terminals, holders, breakout tanks, fabricated assemblies, and other surface pipeline appurtenances. (Ord. No. 2017-1807)

On-site shall mean located on the lot in question.

On-tract shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

Open space shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

Parking area, private shall mean any open area used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants thereof to which such use is accessory.

Parking area, public shall mean any open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation, or as an accommodation for clients, customers or employees.

Patio homes shall mean an attached grouping of not more than two (2) residential dwelling units separated by vertical walls coincidental with a common lot line, with two (2) separate means of access to the outside for each dwelling and with separate cooking, sleeping and sanitary facilities for each unit.

Person shall mean any individual, association, partnership, corporation or cooperative group.

Pipeline Operator shall mean the company, entity, or person(s) responsible for the operation, maintenance and management of an Oil and Hazardous Substance Pipeline. (Ord. No. 2017-1807)

Pipeline Owner shall mean the company, entity, or person(s) that owns an Oil and Hazardous Substance Pipeline. (Ord. No. 2017-1807)

Plan shall mean the provisions for development of a planned development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, public or private streets, ways and parking facilities, open space and public facilities. The phrase "provisions of the plan," when used in this Chapter, shall mean the written and graphic materials referred to in this definition.

Planned commercial development or shopping center shall mean an area of a minimum contiguous size as specified in this Chapter to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses, or both.

Planned development shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

Planned industrial development shall mean an area of a minimum contiguous size as specified in this Chapter to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses.

Planned residential development shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.

Planned unit development shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential development and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this Chapter.

Planning board shall mean the Planning Board of the Township.

Professional and business office shall mean a use or uses conducted entirely within a structure for the purpose of providing a professional service or conducting a business office therein, restricted solely to administrative office activities, specifically excluding the sale or transfer of any physical products or goods from the site.

Public areas shall mean public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

Public open space shall mean an open space area conveyed or otherwise dedicated to a Municipality, Municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational uses.

Residential cluster shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

Residential density shall mean the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a planned development.

Restaurant shall mean a building or structure designed, used or intended for use in which either food or beverage or both are sold and consumed primarily within the confines of an enclosed structure on the site. A "restaurant" shall not include refreshment stands commonly called snack or dairy bars where consumption takes place outside of the structure or in automobiles parked upon the premises whether brought to the automobile by the customer or by employees of the establishment. A "restaurant" shall also include pickup or delivery services wherein food is prepared on the premises for off-premises consumption.

Shopping center See "planned commercial development".

Sign shall mean any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

Sign, advertising shall mean a sign which directs attention to an individual, business, product or service conducted, sold, leased or offered elsewhere than on the premises where the sign is located. For the purpose of this Chapter, a billboard shall be considered an advertising sign.

Sign, area of shall mean that area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four (4) sided (straight side) geometric shape which most clearly outlines the said sign.

Sign, area identification shall mean a sign used to identify a common area containing a group of structures, or a single structure on a minimum site of five (5) acres, such as residential subdivisions, apartment complexes, industrial parks, mobile home parks, or shopping centers; located at the entrance or entrances of the area, and including but not limited to a fence, wall, archway, post or column, with the letters or symbols affixed thereto.

Sign, banner shall mean a sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.

Sign, business shall mean a sign used to identify either the trade, business, industry, or profession being conducted on the premises. Logo identification which is used to advertise a product, such as but not limited to "Coca Cola" or "We Sell Kodak Film", shall not be deemed to be a permitted business sign, except that personal logos, not to be used to advertise a product, shall be permitted.

Sign, directional or informational shall mean a non-advertising sign which directs attention to vehicular or pedestrian entrances or exits, parking areas, reserved parking spaces or similar site elements and is intended only for the safety and convenience of employees, patrons or visitors. No directional or informational sign shall exceed three square feet in area.

Sign, flashing shall mean an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

Sign, free-standing shall mean a sign having not more than two display sides which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or structure whether portable or stationary.

Sign, ground shall mean a sign having not more than two (2) display sides set firmly in or below the ground surface.

Sign, height shall mean a free-standing or pylon sign which shall be measured from the ground surface beneath the sign to the highest point of the sign.

Sign, length shall mean no sign area shall have a length greater than four (4) times its height.

Sign, moving shall mean a sign which rotates or shifts, or appears to rotate or shift position.

Sign, political shall mean a sign containing a statement about or endorsement of, any public issue or candidate(s) for public office.

Sign, portable or "A" frame shall mean an advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable and not permanently attached thereto and which is usually two-sided.

Sign, projecting shall mean any sign that is affixed at an angle or perpendicular to the wall or facade upon which it is mounted, projects more than twelve (12") inches from the wall or facade upon which it is mounted or projects above the top or beyond either side of the wall or facade upon which it is mounted.

Sign, pylon shall mean a sign having not more than two (2) display sides which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or structure whether portable or stationary.

Sign, real estate shall mean a sign placed upon a property for the purpose of advertising to the public the sale or lease of the property placed thereon.

Sign, roof top shall mean any sign wholly erected, constructed or maintained on the roof or parapet of a structure.

Sign, temporary shall mean a non-permanent, non-illuminated wall or free-standing sign.

Sign, wall shall mean a sign affixed to or painted on and parallel with the surface of a wall or facade. A sign affixed to or painted on an awning, marquee or canopy shall be considered a wall sign.

Site plan shall mean a representation of the proposed development, redevelopment, expansion or improvement of one (1) or more parcels of land and/or buildings in accordance with the rules and procedures of the Mahwah Township Site Plan Ordinance.

Standards of performance shall mean standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matter, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township, or standards required by applicable Federal, State or interstate law.

Story shall mean that portion of a building included between the upper surface of the floor or roof next above.

a.     Story, above grade shall mean any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six (6') feet (1829 mm) for more than fifty (50%) percent of the total perimeter or more than twelve (12') feet (3658 mm) at any point.

b.     Story, half shall mean a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4') feet above the floor of such story.

c.     Story, first shall mean the lowest story or the ground story of any building, the floor of which is not more than twelve (12") inches below the average contact ground level at the exterior walls of the building.

Street shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or Municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is shown on a plat duly filed and recorded in the office of the County recording officer prior to the appointment of a Planning Board and the grant of such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

Structure shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

Swimming pool shall mean any structure having a depth greater than two (2') feet and a water surface area in excess of two hundred fifty (250) square feet which is used for swimming, bathing or wading purposes.

Townhouse shall mean a building or structure designed for or occupied by no more than one (1) family or household and attached to other similar buildings or structures by not more than two (2) party walls extending from the foundation to the roof and providing two (2) direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse. For the purpose of this Chapter, a townhouse may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.

Use shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

Variance shall mean the Board of Adjustment's authorized departure from the literal requirements and terms of this Chapter in accordance with the procedures contained herein.

Yard shall mean an open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted:

a.     Yard, front shall mean an open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this Chapter. The depth of the front yard shall be measured parallel to and at right angles to the front lot line.

b.     Yard, rear shall mean a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal or accessory building. The depth of the rear yard shall be measured parallel to the rear property line.

c.     Yard, side shall mean an open, unoccupied space between the side line of the lot and the nearest line of the principal or accessory building and extending from the front to the rear yard. The width of the side yard shall be measured parallel to the side line of the lot.

Zoning Board shall mean the Board of Adjustment as continued under this Chapter.

Zoning Map shall mean the Zoning Map of the Township of Mahwah, New Jersey, dated July 30, 1976, together with all amendments subsequently adopted.

Zoning Officer shall mean the Municipal official designated to enforce the provisions of the zoning ordinance, and to whom an application for a zoning permit is made and by whom such permits are issued.

Zoning permit shall mean a document signed by the Zoning Officer which is required by this Chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this Chapter or variance therefrom duly authorized by the Board of Adjustment, Planning Board, or the Town Council.

(Ord. #574; Ord. #622; Ord. #811; Ord. #815; Ord. #851; Ord. #860; Ord. #883; 1976 Code §179-6; Ord. #919; Ord. #955, §II; Ord. #978, §II; Ord. #1011, §II; Ord. #1122, §VI; Ord. #1123, §II; Ord. #1135, §I; Ord. #1225, §§I, III; Ord. #1294, §III; Ord. #1368, §I; Ord. #1401, §I; Ord. #1482; Ord. #1589, §§1, 2; Ord. #1653, §§1, 2; Ord. No. 2017-1807)

 

 

24-2.3    Affordable Housing Definitions.

   The words and terms in this Chapter XXIV which are also defined in N.J. C.O.A.H. Regulations N.J.A.C. 5:91-1.2 and 5:93-1.3 shall have the definitions set forth in the N.J. C.O.A.H. Regulations. (Ord. #1294, §III)

 

 

24-3    ESTABLISHMENT OF DISTRICTS; MAP.

 

24-3.1    Districts Designated.

   For the purpose of this Chapter, the Township is hereby divided into the following types of zone districts, differentiated according to use, area and bulk regulations, and to be designated as follows:

Zone Designation

Zone Description

 

C-200

Conservation

 

R-80

Single-Family Residential

 

R-40

Single-Family Residential

 

R-20

Single-Family Residential

 

R-15

Single-Family Residential

 

R-10

Single-Family Residential

 

R-5

Single-Family Residential

 

R-11

Two-Family Residential

 

GA-200

Garden Apartment

 

PRD-4

Planned Residential Development

 

PRD-6

Planned Residential Development

 

RM-6

Mobile Home Park

 

B-200

Shopping Center Business

 

B-40

Highway Business

 

B-12

General Business

 

B-10

Neighborhood Business

 

CB

Community Business

IP-120

Industrial Park

GI-80

General Industry

FP

Floodplain

CED/R-40

Controlled Economic Development

CEM

Cemetery

BZ

Buffer Zone

PRD-4S

Planned Residential Development - Special

ML-1

Moderate and Low Residential

ML-2

Moderate and Low Residential

L.O.D.

Limited Office District

OP-200

Office Park

P-OS

Public Open Space

P-ED

Public Education

 

(Ord. #574; Ord. #622; Ord. #815; Ord. #851; Ord. #860; Ord. #883; 1976 Code §179-7; Ord. #955, §I; Ord. #1036, §I; Ord. #1120, §1; Ord. #1121, §1; Ord. #1161, §VII; Ord. #1211; Ord. #1298, §I; Ord. #1324, §II)

 

24-3.2    Zoning Map.

a.     2014 Zoning Map. The location and boundaries are hereby established as shown on the document entitled "Zoning Map of the Township of Mahwah, Bergen County, New Jersey," prepared by Maser Consulting, P.A., dated May 13, 2014, which Zoning Map is hereby made a part of this Chapter. The Map and all notations, references and designations shown thereon shall be in such a part of this Chapter as if same were all fully described as set forth herein. (The 2014 Zoning Map may be found at the end of this chapter.) (Ord. No. 1749)

1.     2014 Zoning Map Amendments.

(a)     The Zoning Map of the Township of Mahwah is hereby amended to rezone Lots 4 and 5 in Block 137 from the IP-120 Industrial Park Zone District to the B-40 Highway Business Zone District. (Ord. No. 1754)

b.     1995 Zoning Map.

1.     1995 Zoning Map Amendments.

(a)     The Zoning Map of 1995 is deemed amended so that the following described property is rezoned from the R-80 Zone into the R-40 Zone:

            Description: All of lots 51, 54, 56, 57, 59 and 61 as shown on the Preliminary Subdivision Map of Darlington Assoc., Inc. entitled "General Plan of Rio Vista - Mahwah" October 23, 1984 revised to March 27, 1986, Sheet 3 of 45.

         Editor's Note: The map referenced to herein can be found on file in the office of the Township Clerk, attached to Ordinance No. 1198.

(b)     The IP-120 zone district boundaries of the west side of Route 17 shall be enlarged to include all lots on the west side of Route 17 located in the GI-80 zone district at the time of adoption of this Ordinance. It is the intent of this paragraph to exclude General Industrial uses on the west side of Route 17.

         The following lots shall be in the IP-120 zone district:

Block

Lot

137

7

139

4

139

5

140

1

140

2

140

3

(c)      Lot 145 and Lot 146 in Block 1 presently in the POS Zone are rezoned in their entirety into the C-200 Zone District.

(d)     Lot 109 in Block 40 (formerly Lot 19F in Block 45) and Lot 106 in Block 40 (formerly Lot 19 in Block 45) shall be in the R-5 Single Family Residential Zone District.

(e)     Lot 107 in Block 40 (formerly Lot 19K in Block 45) and Lot 108 in Block 40 (formerly Lot 19B in Block 45) shall be in the B-10 Neighborhood Business Zone District.

(f)      The following properties are in the ML-1 and ML-2 zones.

ML-1 Zone

Lots

Block

Name

14, 14.1, 14.2, 14.3, 14.4

13

Ramapo Brae (formerly B.C.H.A. Stag Hill)

ML-1 Zone

Lots

Block

Name

1, 15, 48

139

Society Hill I, II, III (formerly Kilmer Woods)

15, 15.01

70

Franklin Crossing (formerly Franklin Commons West)

19, 21

70

Franklin Heights

50.01

139

Ridge Gardens

16, 19

109

Paddington Square

(g)     The properties described as Block 183, Lot 1 and Block 26, Lots 10 and 11 located between the OP-200 Zone District, commonly referred to as the Crossroads property, and the Ramapo River is hereby redesignated in its entirety into the OP-200 Zone District.

(h)     The properties described as Block 41, Lots 1, 2, 9 and 10 presently designated as GI-200 located between the Conrail right-of-way, Ramapo Valley Road and Railroad Avenue (sometimes referred to as the Abex property) are hereby redesignated in their entirety into the IP-120 Zone District.

(i)      The following properties are rezoned into the POS Public Open Space Zone District.

Block

Lot

1

1

1

32

1

108

1

174, 175, 176, 179 and 180

1

181

(j)      The following properties are rezoned from the R-40 Zone into the R-5 Zone.

Block

Lot

141

2

141

3

(k)     The 1995 Zoning Map is hereby amended to change the following lots from the General Industrial GI-80 Zone District to the B-40 Highway Business Zone District:

Block

Lot

63

1

63

2

63

3

63

4

63

5

63

6

63

7

63

8

63

9

64

14

64

15

64

16

64

17

64

18

64

19

64

20

64

21

66

1

66

2

66

3

66

4

(l)      The 1995 Zoning Map of the Township of Mahwah is amended to include the following change:

         Lot 7 in Block 55 presently in the B-40 Zone District shall be in the R-5 Single-Family Residential Zone District.

(m)    The Zoning Map of the Township of Mahwah is amended to indicate Lot 119 and portions of Lots 118 and 120 (more specifically described in Exhibit A) in Block 173 be designated as a Residential Zone (R-10).

                  Editor's Note: The Exhibit referred to herein may be found on file in the office of the Township Clerk. Exhibit A was amended by Ordinance No. 1635.

(n)     The Zoning Map is hereby amended to include the entire Lot 4 in Block 69 presently in both the B-12 and the ML-2 Zones to be rezoned entirely in the B-12 Zone District.

(o)     The Zoning Map of the Township of Mahwah is hereby amended to rezone Lots 4 and 5 in Block 136 from the IP-120 Zone District to the B-40 Zone District.

(p)     The Zoning Map is hereby amended to include Lots 1, 2 and 3 in Block 140 in the B-40 Highway Business Zone District.

(Ord. #574; Ord. #622; Ord. #657; Ord. #665; Ord. #722; Ord. #815; Ord. #823; Ord. #851; Ord. #860; Ord. #883; Ord. #896; 1976 Code §179-8; Ord. #914; Ord. #955, §II; Ord. #963, §I; Ord. #967, §I; Ord. #997, §I; Ord. #1036, §II; Ord. #1043, §§I, II; Ord. #1052, §§I, II; Ord. #1067, §I; Ord. #1085, §I; Ord. #1120, §2; Ord. #1121, §2; Ord. #1138, §I; Ord. #1153, §I; Ord. #1157, §I; Ord. #1161, §§I-VI, VIII; Ord. #1170, §I; Ord. #1198, §I; Ord. #1209, §I; Ord. #1223, §1; Ord. #1267, §I; Ord. #1298, §§III, IV; Ord. #1294, §IV; Ord. #1335, §I; Ord. #1344; Ord. #1373, §I; Ord. #1397, §I; Ord. #1403; Ord. #1561; Ord. #1583, §1; Ord. #1596, §1; Ord. #1635; Ord. #1660, §1)

 

(Ord. No. 1749 adopted the 2014 Zoning Map; amended by Ord. No. 1754)

 

24-3.3    Interpretation of Boundaries.

a.     Designation of Zone Boundaries. The zone boundary lines are intended generally to follow the center lines of streets; the center lines of railroad rights-of-way; existing lot lines; the center lines of rivers, streams and other waterways; and Municipal boundary lines. When a district boundary line does not follow such a line, its position shall be shown on the Zoning Map by a specific dimension expressing its distance, in feet, from a street line or other boundary line as indicated.

b.     Determination of Doubtful Lines. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall lie with the Board of Adjustment.

        (Ord. #574; 1976 Code §179-9)

 

 

24-4    DISTRICT REGULATIONS.

 

24-4.1    Schedules of Regulations.

   The restrictions and controls intended to regulate development in each district are set forth in the attached schedules, which are supplemented by other sections of this Chapter.

   Editor's Note: Schedules are included at the end of this Chapter.

   There shall be excluded from any R-80, R-40, R-20, R-15, R-10 and R-5 single-family residential districts "Conditional Uses" as permitted within the C-80 Conservation District. More particularly, golf courses, ski slopes and other similar downhill recreational facilities, swim clubs, country clubs, other similar outdoor recreational facilities.

   In addition to the conditional uses enumerated in the attached schedules, there shall be permitted as conditional uses only in the B-10, B-12 and B-40 Districts the following uses:

a.     The leasing or renting of new or used cars, as an accessory use on a site upon which a principal permitted use is also being operated; provided, however, that the accessory use shall not occupy more than ten (10%) percent of the total area of the site; and further provided that the minimum zoning dimension requirements for the principal use shall be satisfied exclusive of the area assigned to the accessory use. No more than two (2) conditional accessory uses shall be allowed per site.

b.     The conditional accessory uses described in the preceding paragraph shall not be allowed in the IP-120, GI-80, or GI-200 Zones.

c.     Motor vehicle body repair shops are permitted as a conditional use in the B-40, B-12 and B-10 Districts.

d.     Accessory apartments shall be permitted as a conditional accessory use in all residential zones upon the conditions established in subsection 24-6.1, paragraph j.

e.     ML Zones. The following uses are permitted in both the ML-1 and ML-2 Zones:

1.     Residential dwelling units;

2.     Recreational facilities accessory to the residential use;

3.     Off-street parking.

f.      Professional and business offices shall be permitted as a principal use in the L.O.D. District. Parking, walkways, landscaping and lighting shall be permitted accessory uses.

g.     Reserved.

Editor's Note: The provisions of paragraph g., Boarding of rent-paying college students during temporary housing shortage expired on June 30, 1990.

h.     Signs shall be permitted as a permitted accessory use in all zones upon the conditions established in subsection 24-6.8.

i.      Nursery school and child daycare center.

j.      The area, bulk and yard requirements for the POS Zone shall be the same as the requirements for the C-200 Zone.

k.     In the IP-120 Zone the following conditional uses are allowed:

1.     Essential services subject to subsection 24-6.9, paragraph b.

2.     Health and fitness center facilities subject to subsection 24-6.9e.

l.      In the GI-80 Zone District the following conditional uses are allowed:

1.     Any IP-120 Zone conditional use, except health and fitness center facilities, under the same conditions as prescribed therein.

m.    Instructional karate/marshal arts schools and dance studios shall be a permitted principal use in the CB360 and GI80 Zoning Districts. (Ord. No. 2016-1783)

(Ord. #574; 1976 Code Ch. 179; Ord. #622; Ord. #672; Ord. #732; Ord. #742; Ord. #798; Ord. #811; Ord. #851; Ord. #860; Ord. #883; 1976 Code §179-10; Ord. #906; Ord. #937x; Ord. #938, §§I, 3; Ord. #954; Ord. #955, §4; Ord. #992, §I; Ord. #978, §III; Ord. #1000, §I; Ord. #1011, §III; Ord. #1036, §III; Ord. #1038, §§I, II; Ord. #1120, §4; Ord. #1121, §4; Ord. #1123, §III; Ord. #1124, §I; Ord. #1155, §I; Ord. #1211, §III; Ord. #1230; Ord. #1252, §1; Ord. #1368, §II; Ord. #1401, §§II, IV; Ord. No. 2016-1783)

 

24-4.2    Application of Regulations.

   Except as hereinafter otherwise provided:

a.     No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.

b.     No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.

c.     No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.

d.     No yard or other open space provided about any building for the purpose of complying with the provisions of this Chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one (1) lot shall be considered as providing a yard or open space for a building on any other lot.

e.     No minimum off-street parking area or loading or unloading area shall be considered as providing off-street parking, loading or unloading for a use or structure on any other lot or parcel than the principal use to which it is ancillary, except as provided herein.

f.      The sale of goods outside the confines of a building or structure is prohibited except for the following:

1.     The sale of automobiles by new automobile sales dealerships.

2.     The sale of agricultural and horticultural products as provided in subsection 24-6.1, paragraph a.

3.     The sale of products for garden supply and building material establishments.

4.     The sale of gasoline and related automobile parts at automobile service stations.

5.     Garage sales subject to the issuance of a special permit by the Township Council.

6.     Outdoor sales for non-profit and philanthropic organizations subject to the issuance of a special permit by the Township Council on public or quasi-public lands in accordance with Chapter VIII of the Code of the Township of Mahwah.

7.     Outdoor sales of winter holiday season trees and wreaths subject to the issuance of a special forty-five (45) day approval by the governing body, and in accordance with regulations described in subsection 24-6.8.f.2(k).

8.     The temporary outdoor display and/or sale of products by a retail business establishment subject to the issuance of a forty-five (45) day permit by the Zoning Officer and subject to any applicable restrictions and/or any prohibition pursuant to a development approval by the appropriate land use board and applicable ordinances, rules and regulations and statutes. Such outdoor display and/or sale of such products permitted herein shall not extend further than ten (10') feet beyond the storefront, shall be located a minimum of four (4') feet from the curbline, shall not impede pedestrian traffic on public sidewalks and shall not block any existing parking spaces. No permit shall be issued to any single retail business establishment more than four (4) times per calendar year and no more than one (1) time per each calendar quarter. The permit fee shall be twenty-five ($25.00) dollars.

9.     The permanent display and/or sale of newspapers, newsletters and catalogues and the display and/or sale of goods provided that such display and/or sale shall not occupy more than a sixty (60) square foot area, shall be located a minimum of four (4') feet from the curbline, shall not extend further than ten (10') feet beyond the storefront, shall not impede pedestrian traffic on public sidewalks and shall not block any existing parking spaces.

g.     No commercial trailers, or vehicles used or intended for conveyance upon public highways either under their own power or by attachment a motor vehicle or through other means of transportation, shall be used for the storage of any type of goods or materials on any premises in any zoning district within the Township. Any commercial trailers or vehicles described in the preceding sentence shall be deemed to be used for storage purposes if the trailer or vehicle remains on the premises in excess of seven (7) days.

        (Ord. #574; Ord. #622; Ord. #742; Ord. #770; 1976 Code §179-11; Ord. #1115, §I; Ord. #1527, §§I–III)

 

24-4.3    General Use Restrictions.

   Any use not specifically designated as a principal permitted use, an accessory use or a conditional use is specifically prohibited from any zone district in the Township.

a.     Massage Parlors, Bath Parlors and Adult Book Stores.

1.     Purpose. The purpose of this paragraph is to control and regulate the distribution, sale, circulation and exposure of magazines, pictures, drawings, photographs and other publications devoted to the presentation and exploitation of sexual acts, normal or perverted, lust, passion, depravity, nudity, immorality, and the distribution and sale of devices, implements and other materials designed to sexually stimulate.

          It is further declared that the operation of any establishment, public or private, as a massage parlor, bath parlor or any similar type of business where any physical contact with the recipient of such service is provided by any person is a matter of public concern due to its noxious nature and the provisions hereinafter described are enacted and their necessity in the public interest is hereby declared as a matter of legislative determination.

2.     Definitions. As used in this paragraph:

(a)     Obscene shall mean that which to the average person, applying contemporary community standards, when considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest. Any magazine picture, drawing, photograph or other publication, and any mechanical or electronic gadget, implement, or device designed to sexually stimulate shall be obscene within the meaning of this paragraph, if it is established that:

(1)     The dominant theme of the material taken as a whole appeals to the prurient interest; and

(2)     The material is patently offensive because it affronts contemporary community standards, relating to the description or representation of sexual matters; and

(3)     The material is utterly without redeeming social value, or the work taken as a whole lacks serious artistic, literary, political or scientific value.

(b)     Person shall mean any individual, firm, corporation, partnership or any other type or form of business which may be conducted in this State.

(c)      Adult book store shall mean any business or business operation which sells, distributes or otherwise conveys any obscene materials described in paragraph (1) herein.

(d)     Issuing authority shall mean any statutorily created position, or board, or body including but not limited to the Planning Board, the Board of Adjustment, the Township Council, the Construction Official, the administrative officer.

(e)     Holder shall mean any person who has been issued any certificate of occupancy, tenant approval, license or other Municipal approval by any issuing authority.

3.     Prohibitions. No building, structure or premises shall be used or occupied for any of the following purposes:

(a)     Operation of any establishment as a massage parlor, bath house or any similar type commercial business where any physical contact with a patron is provided which contact results in sexual activity or stimulation.

(b)     Use or occupancy of any building, structure or premises as an adult book store as herein defined.

4.     Violations.

(a)     Upon a determination that violation of paragraph a., 3. hereof has occurred, the Zoning Enforcement Officer shall give written notification by personal service or by certified mail/return receipt requested to the occupant, owner or person in charge of the subject premises of a determination of paragraph a., 3. violation. Furthermore, the notice shall state that the certificate of occupancy and any other Municipal license or approval for the premises shall be subject to revocation upon a finding of violation of paragraph a. 3. by the issuing authority at a hearing to take place no earlier than fifteen (15) days nor more than thirty (30) days after service of notice.

(b)     Service shall be deemed accomplished upon the occupant, owner or person in charge of the subject premises when the following conditions are met:

(1)     As to individuals generally, upon an individual other than an infant under fourteen (14) years of age or an incompetent person, by delivering a copy of the notice to him personally; or by leaving a copy thereof at his usual place of business with any competent agent, servant or employee of the business over the age of fourteen (14) years working therein; or by delivering a copy thereof to a person authorized by appointment or by law to receive service of process on his behalf; or by service by certified mail/return receipt requested to the last address furnished to the issuing authority by the occupant, owner or person in charge as set forth in the application filed with the issuing authority by the individual.

(c)      Notice and conduct of public hearing shall be as follows:

(1)     Notice shall contain a reasonably specific statement of the charge together with time, date and place of the hearing before the Planning Board, or other issuing authority, as the case may be. The hearing shall be held and the Municipality shall present such testimony and witnesses as it deemed appropriate to prove the charge. Furthermore, the holder may cross-examine said witnesses or may offer testimony and/or evidence on its own behalf with or without counsel.

(d)     If a majority of the issuing authority is convinced by the preponderance of the evidence that either the holder or his agent, servant or employee committed the subject violation upon the premises, then the issuing authority shall forthwith revoke said license, Municipal approval, or certificate of occupancy issued to said holder.

5.     Additional Sanctions in the Event of Criminal Violations Occurring upon the Premises.

(a)     In the event that a holder of a license or certificate of occupancy issued by this Municipality shall either plead guilty to a violation of N.J.S.A. 2C:34-1, 2C:34-2, 2C:34-3 or 2C:34-4, or be convicted of such offense, provided such conviction arises out of activity upon the licensed premises, then said holder shall suffer the additional penalty of revocation of such license or certificate of occupancy following notice and the hearing as set forth in paragraph a., 4. herein.

(b)     In the event that an agent, servant or employee of said holder shall plead guilty or be found guilty of violating N.J.S.A. 2C:34-1, 2C:34-2, 2C:34-3, or 2C:34-4 for activities on such licensed premises, then a rebuttable presumption shall exist that the holder consented to such activity and such holder's license or certificate of occupancy shall be revoked by the issuing authority in accordance with paragraph a., 4. set forth above. However, the holder shall be afforded a public hearing, upon notice pursuant to paragraph a., 4. of this subsection prior to imposition of the penalty.

b.     Unregulated Pipeline.

1.     Pipelines that are not public utilities that distribute services to end users and are not regulated by the State of New Jersey, Board of Public Utilities, are prohibited in all zone districts. (Ord. #1774)

2.     Oil and Hazardous Substance Pipelines.

        (Ord. No. 2017-1807)

(a)     Applicability.  The provisions in this section apply to all Oil and Hazardous Substance Pipelines proposed for construction and siting within the Township of Mahwah. To the extent any regulations within this paragraph conflict with State or Federal regulations or laws regulating oil and Hazardous Substance pipelines, those State or Federal regulations and laws shall take precedence over this paragraph b.2. 

 (b)    Uses. Oil and Hazardous Substance Pipelines that are not providing services to the public as end users and are not regulated by the New Jersey Board of Public Utilities are prohibited in all residential zones and districts within the Township of Mahwah and shall constitute conditional uses in all other zones and districts within Township of Mahwah subject to the provisions of this paragraph b.2.

(c)      Development and Construction of Oil and Hazardous Substance Pipelines. The following requirements and standards shall apply for the development and construction of any Oil or Hazardous Substance Pipeline within the Township of Mahwah:

(1)     Application and approvals. A resolution of approval by the Township of Mahwah Planning Board shall be required prior to the construction of any Oil and Hazardous Substance Pipeline within the Township of Mahwah. An original Development Application-Site Plan for a pipeline approval and permit shall be submitted to the Township of Mahwah Planning Board Secretary with a copy submitted to the Township Engineer. Such application shall include:

[a]     Eighteen (18) sets of plans showing the dimensions, valving frequency, and proposed construction and siting of the Oil and Hazardous Substance Pipeline, related appurtenances and facilities;

[b]     Detailed cross-section drawings for all proposed pipeline public street right-of-way, closings and easements, wetlands and New Jersey open waters crossings;

[c]      A flow diagram showing the daily design capacity of the proposed Oil and Hazardous Substance Pipeline;

[d]     A description of any changes in flow in the Oil and Hazardous Substance Pipeline once in operation;

[e]     The proposed maximum operating pressure, in pounds per square inch gauge (psig) at all points of change in elevation greater than 500 feet, or every 500 feet in length as a minimum; and

[f]      Diagrams and descriptions of all pipeline monitoring facilities and shut off/flow control valves proposed to be located in or closest to the municipality.

(2)     Required Setbacks. To promote the public health, safety, and general welfare and to mitigate the aesthetic and environmental impacts of the Oil and Hazardous Substance Pipeline and to minimize the potential damage or interruption to Essential Public Facilities by the Oil and Hazardous Substance Pipeline, the construction and siting of the Oil and Hazardous Substance Pipeline in Township of Mahwah shall be subject to the following setbacks:

[a]     Wellhead Protection or Sole Source Aquifer Areas. In accordance with Appendix A of Section 24-19 of the Township Code titled “Wellhead Protection”, a pipeline, except a natural gas pipeline, is considered a Major Potential Pollutant Source and shall be prohibited with a Tier 1 and 2 Wellhead Protection Area.  All other provisions of Section 24-19 must be complied with.

[b]     100-Foot Setbacks. Except as otherwise set forth in this section, Oil and Hazardous Substance Pipelines shall not be constructed and sited closer than 100 feet from:

[1]     Any wetlands;

[2]     Any year-round naturally occurring creek, stream, river, private or public well, or pond, unless approved by the Township of Mahwah Engineer as part of the pipeline permit and approval process where adequate mitigation measures have been demonstrated by the applicant; or

[3]     Any property in a business district or where a business is located.

[c]      150-Foot Setbacks. Except as otherwise set forth in this section, Oil and Hazardous Substance Pipelines shall not be sited closer than 150 feet from any residential property, zone or district on level grade.

[d]     250-foot setbacks. Except as otherwise set forth in this section, Oil and Hazardous Substance Pipelines shall not be constructed and sited closer than 250 feet from any residential property, zone or district where the residential property, zone or district is located downhill from the pipeline at a grade equal to or greater than 5%, except that no Oil and Hazardous Substance Pipelines shall be located on slopes of a grade equal to or greater than 15%.

[e]     1000-Foot Setbacks. Except as otherwise set forth in this section, Oil and Hazardous Substance Pipelines shall not be constructed and sited closer than 1000 feet from any Critical Land Use lot or Essential Public Facilities structure.

(3)     Submittal of Additional Information. If requested by the Township of Mahwah Engineer, preliminary as-built information, including, without limitation, as-built drawings, a copy of GIS shapefiles of the pipeline and its related appurtenances and facilities within the Municipality, and any additional requested information about the Oil and Hazardous Substance Pipeline shall be filed 90 days before the date the pipeline is proposed to become operational with the Township of Mahwah Engineer.  Updated as-built information, including, without limitation, as-built drawings, a copy of GIS shapefiles of the Oil and Hazardous Substance Pipeline and its related appurtenances and facilities within the Municipality, and any additional information requested by the Township of Mahwah Engineer about the pipeline shall be filed within 60 days after the Oil and Hazardous Substance Pipeline has become operational with the Township of Mahwah Engineer.

(4)     Construction. The Pipeline Owner and Pipeline Operator shall give notice 48 hours prior to the proposed start date of construction of the Oil and Hazardous Substance pipeline to all affected residents, businesses (including agricultural businesses) and to the Township of Mahwah Engineer and Police Department. Private property owners and business owners shall have access to their properties at all times during pipeline construction.

d.     Emergency Preparedness Plan.  Sixty (60) days prior to the first date of operation of the Oil and Hazardous Substance Pipeline, the Pipeline Owner and Pipeline Operator shall meet with the Township of Mahwah Police Department and Engineer and submit to them an emergency preparedness plan (“EMP”) for any and all emergencies that may result in an accidental leak or failure incident regarding the pipeline and its related appurtenances and facilities.  The EMP shall cover the requirements stated in 49 CFR 195.402 and 195.403 and shall identify a responsible local emergency response official and a direct twenty-four (24) hour emergency phone number. No Oil and Hazardous Substance Pipeline shall become operational, nor shall any oil and Hazardous Substance be introduced into the Oil and Hazardous Substance Pipeline prior to the Pipeline Owner and Pipeline Operator receiving the prior written approval of the EMP by the Township of Mahwah Engineer and Chief of Police.

e.     Insurance. No Pipeline Owner or Pipeline Operator shall operate any Oil and Hazardous Substance Pipeline or introduce any Oil or Hazardous Substance into an Oil and Hazardous Substance Pipeline without first obtaining insurance policies covering general liability, environmental incidents and contamination, and property damage in an aggregate amount to be determined by the Township of Mahwah based upon reasonable estimates of potential liability and property damage that would result from a leak, spill or other failure of the Oil and Hazardous Substance Pipeline. Prior to the first operation of the Oil and Hazardous Substance Pipeline and every year in which the Oil and Hazardous Substance Pipeline is in operation thereafter, the Pipeline Owner or Pipeline Operator shall submit insurance coverage certificates and endorsements to the Township of Mahwah adding the Township of Mahwah as an additional named insured on the insurance policies, demonstrating that the required policies and levels of insurance have been obtained.

f.      Indemnification and Hold Harmless. Prior to the first operation of the Oil and  Hazardous Substance Pipeline, the Pipeline Owner and Pipeline Operator shall both agree in writing to indemnify and hold harmless the Township of Mahwah, as well as its officers, officials, supervisors, employees, agents, contractors, and assigns, from any and all liability relating to or arising from the Oil and Hazardous Substance Pipeline, including, but not limited to, any failure, leak, spill, contamination, cleanup, remediation, property damage, and personal injury from and related to such pipeline. The indemnification and hold harmless agreement shall include a provision for the payment of Mahwah’s reasonable attorneys’ fees and litigation costs.

g.     Easements.  Any easements or rights-of-way obtained by the Pipeline Owner or Pipeline Operator for the Oil and Hazardous Substance Pipeline shall be recorded by the Pipeline Owner or Pipeline Operator in the office of the County Clerk.

h.     Marking. The Pipeline Owner or Pipeline Operator shall install and maintain markers to identify the location of the Oil and Hazardous Substance Pipeline in accordance with all applicable federal and state requirements.

i.      Pipeline Failure and Remediation. In the event that a leak, spill, or failure has occurred with the Oil and Hazardous Substance Pipeline, the Pipeline Owner and Pipeline Operator shall notify the Township of Mahwah Engineer, the Township of Mahwah Police Department, and all property owners within 1000 feet of the affected pipeline area within one hour of discovery of the leak, spill or failure.  The Pipeline Owner and Pipeline Operator shall cooperate with Township of Mahwah officials and make every effort to respond as soon as possible to protect the public’s health, safety, and welfare.  All leak or spill remediation plans shall be made in consultation with the Township of Mahwah, and no remediation may be deemed complete without final approval thereof by the Township of Mahwah. In the event that the Oil and Hazardous Substance Pipeline is shut down due to a leak, spill, or failure, the Pipeline Owner and Pipeline Operator shall not restart the pipeline without the written approval of the Township of Mahwah Engineer.

j.      Repair.  Following any repair(s) of an Oil and Hazardous Substance Pipeline, any areas disturbed by such repair(s) shall be revegetated and restored in accordance with the applicable provisions of the Township Ordinances at the Pipeline Owner’s and Pipeline Operator’s sole cost and expense.

(Ord. #574; Ord. #785; 1976 Code §179-12; Ord. #1774; Ord. No. 2017-1807)

 

 

24-5    SUPPLEMENTARY LOT, HEIGHT AND YARD REGULATIONS.

 

24-5.1    Lot Regulations.

a.     Existing Zone Lots of Record.

1.     In any residential zone, only a one-family dwelling may be erected on a nonconforming zone lot of official record at the effective date of this Chapter, irrespective of its area or width; provided, however, that no adjacent or adjoining vacant land exists or existed at the time of the effective date of this Chapter which would create a "conforming" lot if all or part of the vacant land were combined with subject lot. No lot or lots in single ownership hereafter shall be reduced so as to create one (1) or more nonconforming lots.

2.     Notwithstanding any other Township Land Use Regulations, the owner of a lot in the C-200 zone which lot is non-conforming as to the area, width and/or depth may construct or alter a single family home on the undersized lot as of right if all the following requirements are satisfied:

(a)     The lot was a conforming lot in all aspects at the time the Municipality adopted an ordinance which rendered the lot non-conforming.

(b)     No property adjacent or contiguous to the subject lot was in common ownership with the subject lot at the time of adoption of the ordinance which rendered the lot non-conforming or at any time subsequent thereto.

(c)      The construction or alteration shall comply with all the requirements which were applicable to the subject lot at the time of adoption of the ordinance which rendered the lot non-conforming.

3.     Notwithstanding any other provisions of the Township Code, for purposes of any future applications for development, the following lots will be deemed to have the lot size and lot dimensions which existed as of October 10, 1994 immediately prior to an eminent domain taking affecting the properties.

Block

Lot

69

5

70

1

70

7

70

8

70

32

70

35

70

40

70

43

70

46

70

120

70

121

71

4

71

5

71

6

b.     Lot Width. The minimum lot width shall be measured either at the required front yard setback line or at the front lot line as required for the district in which it is located. In cases of irregularly shaped lots whose sides are not parallel, where the lot width is measured at the required front yard setback line, the street frontage shall not be less then seventy-five (75%) percent of the minimum lot width required; provided the lot width measured at the front yard setback line shall be no less than the minimum lot width specified in the zoning schedule for the district in which the lot is contained.

           In the case of irregularly shaped lots whose sides are not parallel, where the lot width is measured at the front lot line, the width of the lot measured at the required front yard setback line shall not be less then eighty-five (85%) percent of the required lot width measured at the front lot line.

c.     Corner Lots. At all street intersections, no obstruction exceeding thirty (30") inches in height above the established grade of the street at the property line, other than an existing building, post, column, hedge or tree, shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot lines thirty (30') feet distant from their intersection. The determination of the front yard of a corner lot shall be at the option of the owner or developer and shall be so designated on all maps and official records.

d.     Through Lots. A through lot shall be considered as having two (2) street frontages, both of which shall be subject to the front yard requirements of the Zoning Schedule of this Chapter.

e.     Required Area or Space Cannot Be Reduced. The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Chapter, and if already existing as less than the minimum required by this Chapter, the area or dimension may be continued and shall not be further reduced.

f.      Frontage Upon a Street.

1.     Every principal building shall be built upon a lot with frontage upon an improved and approved street in accordance with the street standards established by the Township.

2.     Any property which contains access to one (1) or more approved and improved streets at its property line but does not contain sufficient street frontage as required herein shall not be construed to be landlocked. Where such conditions do exist or are created by virtue of a subdivision, no building permit or occupancy permit shall be granted unless and until the property contains the required amount of street frontage as required herein.

3.     This provision is not to be construed to provide any building or zone lot which contains less street frontage than required herein or to create a building or zone lot, with an existing structure or structures located thereon, with less street frontage than as required herein.

g.     Lot Located in More Than One (1) Zone. For any zone lot which is located in more than one (1) zone district, which districts differ in character by permitting residential, commercial or industrial uses, all yard, bulk and other requirements shall be measured from the zone boundary line and not the true lot line.

        (Ord. #574; Ord. #622; 1976 Code §179-13; Ord. #955, §10; Ord. #965, §I; Ord. #1000, §II; Ord. #1163)

 

24-5.2    Height Regulations.

a.     General Application. No building or structure shall have a greater number of stories or greater number of feet than are permitted in the district where such building is located.

b.     Permitted Exceptions. Height limitations stipulated elsewhere in this Chapter shall not apply to church spires, belfries, cupolas and domes, monuments, chimneys, flagpoles, fire towers, water towers or masts and aerials or to necessary mechanical appurtenances or to parapet walls, except that no parapet wall may extend more than four (4') feet above the limiting height of the building, or to farm silos, provided that the silo is located no less than one hundred (100') feet from any lot line.

c.     Building Height in the OP-200 Zone. Building heights in the OP-200 Zone shall be limited by the setback requirements of the zone, the floor area ratio, and by the limitations established in the Bulk Schedule of this Chapter for the OP-200 Zone.

           For all buildings that exceed six (6) stories, there shall be no two (2) adjacent or abutting buildings of the same height. Any abutting or adjacent building shall minimally have a height differential, in feet, equal to ten (10%) percent of the height of the taller building.

        (Ord. #574; Ord. #883; 1976 Code §179-14)

 

24-5.3    Yard Regulations.

a.     General.

1.     Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures which may not project more than six (6") inches into such yards.

2.     Cornices and eaves may project not more than two (2') feet over any required yard.

3.     Chimneys or flues may be erected within any yard, provided that they do not exceed seventy-five (75) square feet in aggregate external area.

b.     Front yard Requirements Affected by Official Map. Where any lot shall front on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Township, the front yard and the front or side yard of a corner lot in such district shall be measured from such proposed right-of-way line.

c.     Side Yard Exceptions.

1.     Corner Lot. Any corner lot delineated by subdivision after the adoption of this Chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street, as provided in the schedule identified in Section 24-4 herein.

d.     Projection into Required Yards. Certain architectural features may project into required yards as follows:

1.     Cornices, canopies, eaves, bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys and other similar architectural features may project a distance not to exceed two (2') feet.

2.     Patios may be located in any side or rear yard, provided that they are not closer than five (5') feet to any property line.

3.     Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence is not higher than six (6') feet in height and shall not obstruct automobile vision. The requirements of subsection 24-5.1, paragraph c. and subsection 24-6.11, paragraph b. shall also apply where applicable. If there is a conflict between subsection 24-5.3d,3 and subsection 24-6.11, the requirements of subsection 24-6.11 shall have priority.

e.     Side Yard Requirements in the B-40, B-200, OP-200, IP-120, GI-80 and GI-200 Zones.

           No building or group of attached buildings shall have an aggregate front building wall in excess of seventy-five (75%) percent of the actual lot width in the B-40, B-200, OP-200, IP-120, GI-80 and GI-200 Zones.

f.      Yard Requirements in the OP-200 Zone.

1.     The minimum front yard requirement in the OP-200 Zone shall be equal to sixty (60') feet plus one (1') foot for each one (1') foot of building height in excess of sixty (60') feet.

2.     The minimum side yard in the OP-200 Zone for each side yard shall be equal to thirty (30') feet plus one-half (1/2') foot for each one (1') foot of building height in excess of thirty (30') feet.

3.     The minimum rear yard in the OP-200 Zone shall be equal to forty (40') feet plus one (1') foot for each one (1') foot of building height in excess of forty (40') feet.

        (Ord. #574; Ord. #622; Ord. #883; 1976 Code §179-15; Ord. #1247, §I)

 

24-5.4    Maximum Lot Coverage.

   The maximum lot coverage on each zone lot shall not be greater than is permitted in the district where such buildings and structures are located and shall include all porches, chimneys, extensions and accessory buildings. (Ord. #574; 1976 Code §179-16)

 

24-5.5    Maximum Improved Lot Coverage.

   The maximum improved lot coverage shall not exceed the percentage indicated in the Schedule of District Area, Yard and Bulk Requirements herein for each zone district designated.[1]

   The maximum improved lot coverage for any use specified in subsection 24-6.1, paragraphs b., c., d. and f., subsections 24-6.2, 24-6.4 and 24-6.5 shall be seventy-five (75%) percent. (Ord. #574; Ord. #622; 1976 Code §179-17)

 

24-5.6    Maximum Floor Area Ratio.

   The maximum floor area ratio for the Office Park Zone, OP-200, shall be 0.40. This regulation shall be applicable to the entire zone district but any parcel within the district may exceed the floor area ratio by twenty (20%) percent for the overall site under the jurisdiction of the applicant provided the floor area ratio of the entire district is not exceeded. (Ord. #574; Ord. #883; 1976 Code §179-17.1)

 

24-5.7    Number of Buildings Restricted.

a.     There shall be no more than one (1) principal building on each zone lot in any district, except as permitted elsewhere in the Township Code for Planned Development Groups, CB-360 permitted uses, OP-200 permitted uses, and as permitted in Section 24-6 herein.

           Where more than one (1) building is provided on a site outside the OP-200 District, there shall be a minimum distance of twenty-five (25) feet separating buildings from one another.

b.     In the event more than one (1) principal building is located on a parcel in the OP-200 District as a planned office building complex, the minimum distance between buildings shall be equal to twice the height of the taller of the two buildings if they are measured front-to-front or front-to-rear and one times the height of the taller building if they are measured side-to-side, front-to-side, or rear-to-rear of the building.

        (Ord. #574; Ord. #883; 1976 Code §179-18; Ord. #1211, §I)

 

 

24-6    SUPPLEMENTARY USE REGULATIONS.

 

24-6.1    Regulations Governing Certain Uses.

a.     Agricultural Uses. Agricultural uses, including customary farm occupations and land which qualifies as farmland as specified in subsection 24-2.2 herein, where permitted, shall be subject to the following conditions:

1.     Building utilization for horticulture, nurseries and greenhouses and for raising and housing agricultural crops, livestock and poultry and for any other activity incidental to agricultural and farming uses is permitted, provided that no building shall be nearer than one hundred (100') feet from any lot line, except residential buildings and greenhouses which may be located in conformity with the standards for residences within those districts in which they are located.

2.     The display for sale of products grown or raised by the owner, tenant or lessee shall only be permitted where:

(a)     The products sold are in their natural state.

(b)     The sale of such products is within the confines of the property upon which they have been grown or raised.

(c)      The place of sale, whether of a permanent or temporary nature, shall not be located closer than fifty (50') feet to any lot line, nor shall the storage of any such products outside a structure be located closer than twenty-five (25') feet to any lot line.

(d)     The sale of any such products shall also require that a suitable amount of off-street parking and loading space be required.

b.     Animal Hospitals and Animal Kennels. Animal hospitals and kennels shall be located no closer than two hundred (200') feet to any residential zone line. Such facilities shall be maintained in an enclosed structure and shall be of soundproof construction and so operated as to produce no objectionable odors at the zone lot boundary line in accordance with subsection 24-8.4, paragraph d. Open kennels, exercise pens or runways shall not be located closer than four hundred (400') feet to any property line and shall be subject to noise and odor controls established for an enclosed building.

c.     Churches and Other Places of Worship. Churches, synagogues and other places of worship shall be governed by the following regulations:

1.     Area, Bulk and Yard Requirements.

(a)     Minimum lot area: one hundred thousand (100,000) square feet.

(b)     Minimum lot width: two hundred (200') feet.

(c)      Minimum lot depth: four hundred (400') feet.

(d)     Minimum front yard:

(1)     Principal building: thirty-five (35') feet.

(2)     Accessory building: thirty-five (35') feet.

(e)     Minimum side yard:

(1)     Principal building: twenty (20') feet.

(2)     Accessory building: twenty (20') feet.

(f)      Minimum rear yard:

(1)     Principal building: fifty (50') feet.

(2)     Accessory building: twenty (20') feet.

(g)     Maximum lot coverage: thirty (30%) percent.

2.     Any church facility which maintains a school accredited by the State of New Jersey for elementary or high school grades shall also provide, in addition to the minimum lot area standards for the church, synagogue or other place of worship, a minimum lot area as approved by the New Jersey State Board of Education.

3.     Where a cemetery is provided as a part of the church property, the provisions of subsection 24-6.9, paragraph a. shall also be applicable.

d.     Community Buildings, Clubs, Social Halls, Lodges, Fraternal Organizations and Similar Uses.

1.     All buildings shall be a minimum of twenty-(20') feet from any property line, except where greater distances are otherwise required herein.

2.     In R Districts, where permitted, there may be included retail sales for members and their guests only.

e.     Conservation Zone District. The Conservation Zone is designated to be consistent within the special and unique character of the land. Regulations are designed to assure that the natural assets of the community such as the wooded slopes of the Ramapo Mountains and the water recharge areas of the Ramapo River are not disturbed and that potentially dangerous natural occurrences such as flooding and erosion are not aggravated. Accordingly, the following regulations are applicable:

1.     Environmental Impact Statement (EIS). An environmental impact report shall be required to accompany any application for development, including major subdivision applications, site plan approval, use variance request or any other action requiring a permit or approval from the Township. An application for development shall not be deemed complete until the EIS is submitted to all approving agencies, including any County, State or Federal agencies having jurisdiction over the project. The municipal approving authority shall condition any approval it grants upon timely receipt of a favorable report from the County, State or Federal reviewing agency.

2.     Site Development Limit. To retain the existing character of the landscape and to prevent environmental degradation of the surrounding area, land use requiring disturbance, grading, clearance and/or tree removal shall be limited to twenty (20%) percent of individual building lots.

3.     Slope Protection.

(a)     The applicant shall adequately demonstrate that erosion, siltation, soil slippage or other soil displacement caused by water, wind, vehicular traffic, pedestrian traffic, structural load, agricultural activity, recreational activity, etc., shall be completely prevented through necessary engineering, design and construction.

(b)     Damage to roots, bark, trunks or limbs of trees, poisoning of vegetation, or any other degradation of the natural ground cover except where such vegetation must be removed and replaced by other forms of ground stabilization to allow the intended use as may be caused by vehicular  or pedestrian traffic, agricultural or recreational activities, construction or structural disturbances, or other unnatural causes shall be completely prevented through necessary engineering, design and construction.

4.     Pollution Control. Adequate proof and guaranty that pollution or any degradation of the purity or temperature of surface water or groundwater from any source, including sewage, solid waste, petroleum residue, chemical fertilizers, building materials, heating or cooling systems, etc., shall be provided to the Planning Board, Township Engineer and Environmental Commission.

5.     In order to assure compliance with the requirements of subsection 24-6.1, paragraph e., the approving authority may retain and/or require professional consultants or other governmental agencies to verify the information submitted by a developer. the costs for such authorized professionals shall be collected and processed as provided for in subsection 22-3.4, paragraph h. and subsection 26-3.2, paragraph f.

6.     The development of all lands within the Conservation Zone are environmentally sensitive as provided in the New Jersey State Development Guide Plan and the New Jersey Development and Redevelopment Plan as promulgated by the New Jersey State Planning Commission. In order to preserve and enhance the environmental qualities of the area and to restrict "growth-inducing activities", no development within the C-200 Zone shall be permitted to be served by a public sanitary sewer system of any size or any facilities which is dependent upon linkage with the Northwest Bergen County Sewer Authority or any similar sewer system.

f.      Country Clubs and Outdoor Recreational Facilities.

1.     In R Districts where permitted, no building shall be located within fifty (50') feet of any property line.

2.     In R Districts where permitted, there may be included retail sales for members and their guests only.

3.     Unenclosed recreational facilities shall be located not less than twenty-five (25') feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining residential uses.

4.     No public address system shall be permitted except where such system will not be audible at any property line.

5.     Other factors, such as lighting, drainage, parking and surfacing, shall be governed under subsection 24-8.5 and landscaped in accordance with subsection 24-6.11.

6.     Outdoor recreation facilities shall include golf courses, ice-skating rinks, swimming pools and tennis courts and other similar facilities.

g.     Extraction or Excavation Operations. The extraction or excavation of soil, sand, gravel, rock and other surface or subsurface materials and/or the processing of same shall meet the following requirements:

1.     Performance Standards. The performance standards of Section 24-8 shall also apply to the excavation and extraction of natural resources.

2.     Structural Maintenance. All buildings and structures shall be maintained in an adequate and safe condition at all times.

3.     Protective Fencing. The Planning Board or Construction Official shall require protective fencing or other means of protection at the site of an excavation.

4.     Rehabilitation. All land which has been excavated must be rehabilitated within one (1) year after the termination of operations, at the expense of the operator and in accordance with standards set. It is further provided that where an excavation operation has lasted longer than one (1) year, rehabilitation of land, in accordance with standards set, must be begun and completed within one (1) year's time. The Township may require a performance bond or some other financial guaranty that the conditions of this Chapter shall be satisfied.

(a)     All excavations must either be made to a water-producing depth or be graded and backfilled.

(b)     Excavations made to a water-producing depth shall be properly sloped to the waterline, with banks sodded or surfaced with soil of quality equal to adjacent land area topsoil. Such topsoil required under this subsection shall be planted with trees, shrubs, legumes or grasses.

(c)      Excavations not made to a water-producing depth must be graded or backfilled with nonnoxious, nonflammable, noncombustible solid material and in a topographic character which will result in substantial general conformity to adjacent lands. Such grading or backfilling shall be designed to minimize erosion and shall be surfaced with a soil equal in quality to that of adjacent land area and planted with trees, shrubs, legumes or grasses. All buildings and structures used in such operations shall be dismantled and removed by and at the expense of the operator within one (1) year following the termination of the operations.

5.     Buffer Zones and Landscaping. The provisions of subsection 24-6.11 shall apply.

6.     Soil Mining Ordinance. In addition, all requirements of Chapter XX of the Code, as may be amended, shall be complied with. In the event that any of these subsections are inconsistent with the Chapter, the more restrictive provisions shall apply.

h.     Floodplain and Flood Hazard Areas.

1.     No permanent structure or building or any enlargement of same which is used or designated to be used for housing, commerce, industry or public activity shall be located in a floodplain or flood hazard area. Exceptions to this restriction shall include uses which are developed above the maximum flood elevation with appropriate access provided or as provided in Chapter XVIII of the Code, as may be amended.

2.     Where an area has not been formally designated as a floodplain or flood hazard area by any Federal, State, or County governmental agency and the area is not designated as a floodplain or flood hazard area in the Township Zoning Ordinance or Official Map, the Planning Board may designate such an area as a floodplain or flood hazard area, after public hearings and after consultation with some or all of the following: the Township Engineer, the Army Corps of Engineers, the Bergen County Planning Board, the Township Environmental Commission, the Bergen County Department of Public Works and the New Jersey Department of Environmental Protection.

3.     The following uses shall be permitted within a floodplain or flood hazard area:

(a)     Agricultural and horticultural uses as defined in this Chapter, except a farmhouse.

(b)     Outdoor recreational facilities, including golf courses, ice-skating rinks, swimming pools, parks, playfields and other similar facilities.

(c)      Essential services.

(d)     In addition, all requirements of Chapter XVIII of the Code, as may be amended, shall be complied with. In the event that any of these subsections are inconsistent with the Chapter, the more restrictive provisions shall apply.

i.      Garden Apartment Uses.

1.     Density Requirements.

(a)     The maximum number of dwelling units per acre for garden apartments shall be determined by the following schedule:

Density Requirements for Garden Apartments

Number of Rooms

 

 

per Dwelling Unit

 

 

Exclusive of

Minimum Lot Area

 

Kitchen and

Per Dwelling

Number of Units

Bathroom

Unit (sq.ft.)

per Acre

1

1,975

22

2

2,560

17

3

3,351

13

4

4,356

10

5 or more

5,445

8

(b)     In determining the maximum number of dwelling units permitted, where the number of rooms in dwelling units varies, a weighted proportion of each type to the total distribution shall be utilized.

2.     Distances Between Buildings. The minimum distance between any two (2) buildings shall not be less than as required under the following formula:

                            La + Lb + 2 (Ha + Hb)

                   S =                    5

        Where S =     The required minimum horizontal distance between any wall of Building A, at any given level, and any wall of Building B, at any given level, or the vertical prolongation of either.

                 La =     The total length of Building A. Building A shall be that structure which is of equal or greater length of the two (2) buildings selected.

                 Lb =     The total length of Building B.

                 Ha =     The height of Building A. The height of Building A is the average height above the finished grade of the nearest wall facing Building B.

                 Hb =     The height of Building B. The height of Building B is the average height above finished grade of the nearest wall or walls facing Building A.

3.     Maximum Number of Dwelling Units Per Grouping; Length; Design.

(a)     Each building shall contain not more than eight (8) dwelling units, and in attached buildings not more than twenty-four (24) dwelling units, with no portion of the building below the first story used for dwelling purposes, except that a basement where the floor is not more than three (3') feet below grade may contain living quarters for the building superintendent and his family.

(b)     The maximum length of any garden apartment building shall not exceed one hundred sixty (160') feet.

(c)      The building design shall not be inaccessible to emergency vehicles.

4.     Courts. Where a court is provided, it shall have dimensions the minimum of which shall be forty (40') feet.

5.     Recreation Space. There shall be provided on the site of such development an area or areas of not less than one hundred (100) square feet of recreation space for each dwelling unit but in no case shall there be less than two thousand (2,000) square feet devoted to joint recreational use by the residents thereof. Such recreation space shall be appropriately located in other than a front yard and shall be required to be developed with passive and/or active recreational facilities.

6.     General Landscaping Requirements. Any unenclosed use or area may be required by the Planning Board to be landscaped and provision, when deemed necessary, shall also be made for landscaping in accordance with subsection 24-6.11 herein.

7.     Other Required Conditions. All performance and design standards established in subsection 24-8.5 shall be complied with where applicable.

j.      Accessory Apartment Uses. Notwithstanding any other provisions in this Code or any ordinance, accessory apartments shall be permitted in any residential zone upon the following conditions:

1.     A maximum of one (1) accessory apartment shall be permitted for each existing or future single family residence. The accessory apartment must be located entirely within the habitable portion of the principal dwelling, and no apartment or portion thereof will be permitted in any garage, outbuilding or accessory structure.

2.     The minimum floor area of the accessory apartment shall be four hundred (400) square feet and the maximum floor area shall be eight hundred (800) square feet. In no instance shall the apartment represent more than thirty (30%) percent of the habitable living space of the principal dwelling.

3.     A maximum of three (3) occupants per apartment shall be permitted.

4.     Each dwelling unit shall be required to have its own kitchen and bath facilities, and each apartment must have at least one (1) separate entrance to the outdoors, although an entrance on a hallway leading to the outside will be permitted. No additional entrances will be permitted on the front of the principal dwelling, and the main dwelling must continue to resemble a single family home.

5.     The building in question must be owner occupied at all times. Occupancy of the accessory apartment by the owner will be permitted.

6.     The owner shall demonstrate that adequate off-street parking exists on the property or will be provided for both the principal and accessory dwelling units.

7.     The owner shall be required to obtain a certificate of occupancy prior to renting the accessory apartment. To obtain the certificate of occupancy the owner shall complete an application form supplied by the Construction Official. The completed application shall indicate the size of both proposed units, the proposed monthly gross rental, the name(s) of the occupants of both units, a notarized statement from the head of the lower income household indicating the gross household income for the prior two (2) years.

8.     The certificate of occupancy shall be issued only if the application satisfies all the requirements of this section and only if at least one (1) of the households has a low or moderate income as defined in subsection 24-2.2.

9.     The certificate of occupancy shall expire if any of the following events occur: sale of the subject building; vacation of the unit occupied by the lower income household; or occupancy by more than three (3) persons. Upon expiration of the certificate for any of the above reasons, the owner may apply for a new certificate.

10.   Every three (3) years after issuance of the certificate of occupancy, the owner shall file a further statement with the Township Housing Commission as required by the Commission.

11.   After July 1, 1997, there shall be no new affordable accessory apartments created. Affordable accessory apartments legally existing as of July 1, 1997 may continue until such time as they cease being used and occupied as an affordable accessory apartment.

k.     Reserved.

l.      Notwithstanding any other provisions in the zoning code of the Township of Mahwah, the following prohibitions shall apply in the IP-120 Zone District:

           There shall be no on premises sale, distribution, consumption or delivery of goods or materials to any customers, including but not limited to wholesale, retail or club member customers.

        (Ord. #574; Ord. #622; Ord. #851; 1976 Code §179-19; Ord. #955, §6-9; Ord. #1280, §I; Ord. #1294, §§V, VI)

 

24-6.2    Mechanical Automobile Washing Establishments.

   All mechanical automobile washing establishments shall comply with the following requirements:

a.     Minimum Area Requirements.

1.     Minimum lot area: forty-five thousand (45,000) square feet.

2.     Minimum lot width: one hundred fifty (150') feet.

3.     Minimum lot depth: three hundred (300') feet.

b.     Minimum Yard Requirements.

1.     Front yard: eighty (80') feet.

2.     Side yard:

(a)     One: fifty (50') feet.

(b)     Both: eighty (80') feet.

3.     Rear yard: seventy (70') feet.

c.     Location. Such establishments shall not be located closer than four hundred (400') feet to any residential zone boundary line, school, hospital, nursing home or other similar institutional or public use.

d.     Off-Street Parking. Such establishments shall provide a reservoir parking area equal in number to seven (7) times the maximum capacity of the laundry for automobiles awaiting entrance to the premises and one and one-half (1 1/2) times the maximum capacity of the laundry for automobiles beyond the exit end of the equipment so situated as to be usable for the hand-finishing of the washing process and which shall be no closer than fifty (50') feet to any street right-of-way line. "Maximum capacity" in this instance shall mean the greatest possible number of automobiles undergoing some phase of laundering at the same time, which shall be determined by dividing the equipment line by twenty (20') feet.

e.     Performance and Design Standards. Such establishments shall comply in all respects with the performance standards in Section 24-8.

f.      Landscaping. Such establishments shall comply in all respects with the landscaping and buffer zone requirements for side and rear yards as established in subsection 24-6.11.

        (Ord. #574; 1976 Code §179-20)

 

24-6.3    Mobile Home Parks.

   In the RM-6 Residential Zone, mobile home parks are permitted uses, subject to the following regulations:

a.     Minimum Lot area. The minimum lot area for mobile home parks shall be ten (10) acres.

b.     Maximum Density Requirements. The maximum number of mobile homes shall be six (6) units per gross acre of land area, exclusive of public and private rights-of-way and traveled easements.

c.     Minimum Size of Mobile Home Lot or Area. The minimum lot size or living area used exclusively for one (1) mobile home shall be five thousand (5,000) square feet and shall measure, as a very minimum, fifty (50') feet in width and one hundred (100') feet in depth.

d.     Boundary Line Setbacks. All mobile homes shall be set back a minimum of seventy-five (75') feet from all external lot lines.

e.     Separation Between Mobile Homes. Mobile homes shall be separated from each other and other buildings by at least thirty (30') feet.

f.      Required Utility Services. Each mobile home site shall be provided with approved connections for water, sewer, electricity, heating and telephone service.

g.     Buffer Zone and Landscaping Requirements. The provisions of subsection 24-6.11 shall apply to mobile home parks.

h.     Compliance with Other Required Provisions. Application for a mobile home park shall be subject to the Mahwah Site Plan Ordinance and Mobile Home Ordinance. In the event that any of these subsections are inconsistent with the ordinances, the more restrictive provisions shall apply.

        (Ord. #574; 1976 Code §179-21)

 

24-6.4    Motels, Hotels, Motor Hotels and Similar Uses.

a.     Minimum Habitable Room Area. Such uses shall have a minimum area for each unit of occupancy of two hundred (200) square feet and shall include a minimum of one (1) bedroom and a shower or bath, sink and a water closet.

b.     Off-Street Parking and Loading Requirements. Off-street parking and loading facilities shall be in accordance with the requirements established in the Site Plan Ordinance. Off-street parking shall not be permitted within thirty (30') feet of any street right-of-way line.

c.     Hotel uses in the OP-200 Zone. Motels, hotels and motor hotels shall be a permitted use in the OP-200 Zone subject to the following standards:

Minimum lot size (square feet)                             600,000

Minimum lot width (feet)                                           400

Minimum lot depth (feet)                                           400

Maximum improved lot coverage (%)                           60

Maximum lot coverage (%)                                           30

Maximum floor area ratio                                           0.4

Minimum front yard                                (See subsection

Minimum side yard (each)                                     24-5.3,

Minimum rear yard                                     paragraph f.)

d.     Accessory uses permitted and associates with hotels and motels shall include automobile rental establishments, banks, barber and beauty shops, book and stationery stores, confectionery and tobacco sales, florists, gift shops, newspaper stands, restaurants and travel agencies, and other similar uses as approved by the Municipal Planning Board.

        (Ord. #574; Ord. #883; 1976 Code §179-22)

 

24-6.5    Nursing and Convalescent Homes.

a.     Area, Bulk and Yard Regulations.

1.     Minimum lot area: one hundred twenty-five thousand (125,000) square feet.

2.     Minimum lot area per patient bed: one thousand (1,000) square feet.

3.     Minimum lot width: two hundred (200') feet.

4.     Minimum lot depth: four hundred (400') feet.

5.     Maximum lot coverage: thirty (30%) percent.

6.     Maximum building height:

(a)     Thirty-five (35') feet.

(b)     Three (3) stories.

7.     Minimum yard requirements:

 

Principal

Accessory

Yard

Building

Building

 

(feet)

(feet)

Front

75

50

Side, one

50

30

Side, both

100

60

Rear

75

10

b.     Courts. Where a court is provided, it shall have dimensions the minimum of which shall be forty (40') feet.

c.     Recreational Space. There shall be provided on the site of such development an area or areas of not less than five thousand (5,000) square feet plus fifty (50) square feet per patient bed which shall be utilized for the recreational use of the patients therein.

        (Ord. #574; 1976 Code §179-23)

 

24-6.6    Hoofed Animals in Residential Zones.

   Every person who owns, keeps, harbors or maintains a hoofed animal shall keep and maintain the property on which the animals are kept and all buildings and facilities thereon in accordance with the following regulations:

a.     Animal Shelter. Where all hoofed animals are kept, harbored or maintained, there shall be provided a separate stable or building for the shelter of the animal. The property shall also include a fully enclosed corral or sty for the containment of the hoofed animal.

b.     Minimum Distances from Property Lines.

1.     For the maintenance of all hoofed animals there shall be provided a corral (exercise area), which shall not be less than fifty (50') feet from all property lines, and a grazing area not closer than eight (8') feet to any property line. No stable shall be located closer than fifty (50') feet to any property line.

c.     Number of Hoofed Animals Limited. The number of hoofed animals permitted shall be limited to one (1) for all residential parcels of more than sixty thousand (60,000) square feet of lot area, and one (1) for each thirty thousand (30,000) square feet of lot area in excess of sixty thousand (60,000) square feet.

d.     Riding Stables, Academies, Riding Clubs. Riding stables, academies, riding clubs and other similar activities shall be permitted in the Conservation Zone where a minimum area of ten (10) acres is maintained for these purposes and all buildings for the housing, feeding, exercise or rental of such animals are maintained at least three hundred (300') feet from all residential buildings, structures and property lines and are appropriately screened and fenced.

e.     Other Requirements. The provisions of Section 24-8 herein and all regulations of the Board of Health shall be adhered to.

        (Ord. #574; Ord. #622; 1976 Code §179-24)

 

24-6.7    Service Stations.

a.     Location.

1.     No gasoline station or vehicular repair service shop shall be located on property within five hundred (500') feet of the following uses: schools, playgrounds, churches, hospitals, public libraries or institutions for dependent children.

2.     Vehicular access to the above uses shall not be closer to the intersection of any two (2) street lot lines than fifty (50') feet, nor shall any such use be located within twenty-five (25') feet of any boundary line of any R-District.

b.     Location of Appliances or Pits. Service stations shall not be permitted where any gasoline or oil pump or oil draining pit or visible appliance for any such purpose is located within thirty (30') feet of any street lot line, except where such appliance or pit is within a building.

c.     Buffer Zone and Landscaping Requirements. The provisions of subsection 24-6.11 shall also be complied with.

        (Ord. #574; 1976 Code §179-25; Ord. #1606, §1)

 

24-6.8    Regulations Governing Certain Accessory Uses.

a.     Accessory Structures.

1.     Accessory Structures in Residential Districts. Accessory structures which are not attached to a principal structure may be erected on a residential lot provided that:

(a)     Accessory structures, except for storage sheds, shall comply in all respects with the setback requirements applicable to the principal building on the lot except when located in the rear yard.

(b)     No accessory structure is located closer to the street right-of-way line than the required front yard setback of the principal structure, except as provided by subsection 24-6.8f. Subsections 24-5.1c. and 24-5.3b. shall also apply to all accessory structures hereunder.

(c)      No portion of an accessory structure shall be used for living quarters.

(d)     Storage sheds shall be permitted accessory uses within all residential zones. A storage shed is a structure used for storage. The maximum area of a storage shed in a residential zone shall be one hundred twenty (120) square feet and the maximum height shall be ten (10') feet. No storage shed can be located closer to any lot line than five (5') feet. No storage shed can be located closer to the street right-of-way line than the required front yard setback for the principal structure. Subsections 24-5.1, paragraph c. and 24-5.3, paragraph b. shall also apply to all storage sheds in residential zones.

(e)     In all districts, accessory structures shall not be located less than ten (10') feet from the side wall or rear wall of the principal structure. Attached decks and balconies which do not comply with this provision, shall be considered part of the principal structure and the entire structure shall be required to comply with the provisions of the regulations governing structures in that district and not the regulations for accessory structures.

(f)      The maximum area of any accessory structure in a residential zone, except for storage sheds, shall be one thousand (1,000) square feet. The maximum height of any accessory structure other than a storage shed shall be twenty (20') feet and shall not exceed the height of the principal structure.

(g)     The maximum number of accessory structures, excluding storage sheds, on a single lot shall be one (1).

(h)     An accessory structure located in the rear yard may be erected in one-half (1/2) of the required side yard and rear yard setback of the principal structure with a minimum of five (5') feet for the side yard.

2.     Attached Accessory Structures in Residential Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this Chapter applicable to the principal building.

3.     Accessory Structures in Other Districts.

(a)     In any nonresidential district, no accessory structure or use shall be located closer to any lot line than five (5') feet. The requirements shall not apply to retaining and decorative walls and fences, provided same do not exceed six (6') feet in height.

(b)     In any nonresidential district, the aggregate area covered by accessory structures shall not exceed twenty-five (25%) percent of the rear yard.

(c)      In any nonresidential district, all accessory structures shall be located no less than twenty (20') feet from the side or rear of the principal or main building.

(d)     In any nonresidential district, no accessory structure shall be located closer to the street right-of-way line than the required front yard setback of the principal structure, except as provided in subsection 24-6.8f. Subsections 24-5.1c and 24-5.3b shall also apply to all accessory structures hereunder.

(e)     When an accessory structure is attached to the principal building in all nonresidential districts, it shall comply in all respects with the requirements of this Chapter applicable to the principal buildings.

(f)      No portion of an accessory structure in any nonresidential district shall be used for living quarters.

(g)     Accessory Retail Sales in Office Buildings in the OP-200 Zone.

(1)     The following accessory retail and service uses shall be permitted within office buildings in the OP-200 Zone, provided that they are located only on the first floor or the mezzanine or in the basement of the building.

            Banks, barber and beauty shops, book and stationery stores; confectionery and tobacco sales, gift shops, newspaper stands and restaurants which shall not be limited to any floor location, and other similar uses as approved by the Municipal Planning Board.

(2)     All of the permitted accessory uses identified in paragraph a.,3(g)(1) shall be contained entirely within the building. Direct access to any one (1) or more accessory uses from the outside shall be prohibited. Such space shall have no exterior signs or other appurtenances of any kind whatsoever.

4.     Notwithstanding any other regulations, accessory structures located on properties actually used for agricultural or horticultural purposes shall be subject to the following requirements.

(a)     The requirements of Code Sections 24-6.8a, 1(a), (b), (c), (d), (e) and (h) apply.

(b)     The maximum area of an agricultural or horticultural accessory structure shall be five (5%) percent of the lot upon which the structure is located.

(c)      The maximum height of the structure shall be the same as the maximum height for a principal residential structure.

b.     Permanent and Portable Swimming Pools.

1.     Permanent and portable swimming pools accessory to a residential use shall be erected on the same zone lot as the principal structure. The pool may be erected in the side or rear yard of the zone lot. The wall of the swimming pool shall be located no closer than ten (10') feet to a side or rear yard line. All such pools shall be suitably fenced in accordance with Township requirements.

2.     These regulations shall not apply to portable swimming pools which are less than two (2') feet in height.

 

c.     Outdoor Storage Areas. Such uses, where permitted, shall not abut existing residential development, a residential street or any R District, and the operation thereof shall be governed by the following provisions:

1.     Flammable and Explosive Liquids. All flammable or explosive liquids, solids or gases shall be stored in appropriate containers as regulated in the Fire Prevention Code.

2.     Fencing and Setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall be subject to the provisions of subsection 24-6.11.

3.     Deposit of Wastes. No material or wastes which might cause fumes or dust or which might constitute a fire hazard or which may be edible by or otherwise attractive to animals or insects shall be stored outdoors unless in closed containers.

d.     Helistops and Helipads in the OP-200 Zone. Helistops and helipads shall be permitted as accessory uses in the OP-200 Zone subject to approval of the New Jersey Department of Transportation and the Federal Aviation Administration where applicable. Roof top heliports and helipads shall be prohibited:

           The location of landing sites and the regulation of helicopter operations shall reflect the following:

1.     Good locations to best serve present and potential helicopter traffic;

2.     Minimum obstructions in the approach and departure path;

3.     Minimum disturbances to the public from noise and dust; and

4.     Easy access to surface transportation.

        The Federal design guides, prepared by the F.A.A. (Heliport Design Guide, November 1964 as amended) shall be used as guidelines concerning heliport layout, approach and departure paths, obstruction clearances as well as the construction of heliport surfaces, landing and takeoff area, structural design, impact load, landing surface, turbulence and visibility.

e.     Private Tennis Courts. Private tennis courts are permitted as an accessory use in the R-80 and C-80 zones only, provided that.

1.     The improved lot coverage does not exceed that permitted by the schedule of District Area, Yard, and Bulk requirements.

2.     The tennis court shall not be located closer than forty (40') feet to any side lot line and not closer than fifty (50') feet from any rear lot line.

3.     The tennis court can only be located in the rear yard portion of the premises.

4.     A fence with a maximum height of ten (10') feet shall be permitted incidental to the tennis court.

5.     Lighting designed for illumination of the tennis court for night use is prohibited.

6.     The tennis court may be used only by the residents of the premises and their non-fee paying guests and shall not be used as a revenue generating operation.

f.      Signs.

        Editor's Note: See Section 15-8 for procedures for the erection of temporary non-commercial signs within right-of-ways.

1.     General Regulations.

(a)     All signs erected within the Township shall conform to this Chapter, including the Schedule of Permitted Signs herein, and the Uniform Construction Code.

(b)     No sign shall be erected or altered within the Township without first obtaining a permit from the Construction Official of the Township. A sign permit application shall include structural drawings of how the sign is to be erected and electrical drawings of how the sign is to comply with the National Electric Code. Applications to re-face a sign must be approved by the Zoning Officer and Construction Official.

(c)      Removal of Certain Signs: In the event that a business ceases to operate for a period of time in excess of ninety (90) days, the sign owner, lessee, or the property owner shall immediately remove any sign identifying or advertising the business or any product sold thereby; provided, however, this requirement shall not apply where under the provisions of this Chapter an existing conforming sign may remain when evidence is presented to the Zoning Officer that a new business will be in operation on the premises within ninety (90) days. Upon failure to comply with this section, the appropriate Township official shall take the legal steps outlined in the enforcement sections of this Chapter. For the purpose of this Chapter, "removal" shall mean the dismantling and relocation from the site in question of the sign face, posts, supports, sign box and all other structural members of the sign.

(d)     Sign Illumination: Direct illumination or back lighting shall not exceed twenty-five (25) watts of incandescent power or seventy-five (75) foot candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension for any sign.

(e)     Glare: All signs shall be so designed, located, shielded, and directed so as to prevent the casting of glare or direct light from artificial illumination upon streets, driveways and surrounding property.

(f)      Exempt Signs: Exempt signs as provided herein shall be permitted within all zoning districts of the Township of Mahwah.

2.     Exempt Signs. The following signs are exempt from these regulations:

(a)     Any display or official notice of and by a governmental agency of the United States, the State, the County, the Township or any of their political subdivisions.

(b)     Any official traffic control device.

(c)      Any flag, emblem or insignia or a governmental agency of the United States.

(d)     Any sign attached to the street facade of a public or volunteer ambulance corp or fire house building, provided only one sign is permitted per building and provided each sign does not exceed one hundred (100) square feet in area and is located at least eight (8') feet from the grade.

(e)     Any sign located completely within an enclosed structure provided that the sign is not visible or directed to be seen from the outside of the structure.

(f)      Any sign not exceeding one and five-tenths (1.5) square feet in area indicating the private nature of a driveway limited to one (1) sign per driveway entrance and any no trespassing signs not exceeding one and five-tenths (1.5) square feet each.

(g)     Temporary signs. The following temporary signs are permitted within any district:

(1)     Real estate "For Sale" signs. One (1) sign per lot is permitted to advertise the sale or rental of the premises upon which it is located by the owner or by a real estate agent or broker. This sign is not to exceed an area of eight (8) square feet and shall be removed seven (7) days after the execution of a contract or the expiration of the listing agreement. In the event the contract is voided or cancelled within sixty (60) days, the sign may be placed back on the property without an additional fee. All "For Sale" signs shall be set back at least fifteen (15') feet from the curbline and shall not, under any circumstances, block the vision of the driver of an automobile.

(2)     Real estate "Open House" signs. The owner of a single family residential home which is being offered for sale may erect, in addition to a "For Sale" sign, an "Open House" sign. Only one (1) "Open House" will be permitted on the property and shall be placed no sooner than one (1) hour before the beginning of the scheduled open house and removed immediately upon its conclusion. "Open House" signs shall not be permitted on County roads, State highways or other major arteries.

(3)     Major subdivision signs. Signs advertising a major subdivision that has received preliminary plot plan approval by the Planning Board shall not exceed two (2) in number, each on a separate lot of the major subdivision. No sign is to exceed twenty (20) square feet in area. Said signs shall be removed within ninety (90) days after the completion of construction work within the subdivision or within ten (10) days after the issuance of the last certificate of occupancy, whichever is sooner.

(4)     Building under construction. One (1) sign per lot is permitted to identify the work of a builder and all subcontractors on new construction. Said sign shall not exceed six (6) square feet in area and shall be removed within seven (7) days after the completion of construction.

(5)     Announcement of future events. One (1) sign per lot is permitted to announce any educational, charitable, or civic event and such sign may be displayed for a consecutive period not to exceed thirty (30) days in any one (1) calendar year. No such sign shall exceed twelve (12) square feet in total area. Said sign may relate to the use of a premises other than that upon which the sign is located.

(6)     Streamers, flags and pennants. Strings of streamers, flags, pennants, spinners or other similar devices are permitted on the lot occupied by a new business. Such devices are permitted to be displayed only at the time of the opening of the new business, and then only for a period of fifteen (15) days from the date of the opening.

(h)     Any name plate, address or identification sign indicating street numbers in accordance with the provisions of Ordinance No. 121, as amended, and any residential street numbers or name identification of residential occupant affixed to mailboxes or to the residential structure.

(i)      Political signs.

(j)      Restrictions applicable to all temporary signs:

(1)     The signs may be freestanding or attached to buildings.

(2)     The signs shall not be illuminated and shall not violate any of the limitations or prohibitions set forth in paragraph (g) hereof.

(3)     Permits for the erection and maintenance of signs described herein shall be obtained from the Construction Official.

(4)     Signs shall not be permitted on telephone poles or trees.

(k)     Any temporary sign or banner to announce the opening or anniversary of a business or special sale event or to announce an event sponsored by a not-for-profit entity for a period not to exceed thirty (30) days once in any year. Permits for such temporary signs or banners, assuming that the applicable standards are satisfied, shall be issued by the Administrative Officer.

(l)      Temporary signs and fees. There shall be a twenty ($20.00) dollar fee for a permit to erect a temporary sign except for a not-for-profit entity sponsoring an event for which a temporary sign permit is issued. For a temporary sign issued to a not-for-profit entity, the fee shall be ten ($10.00) dollars per application.

(m)    There shall be a fifty ($50.00) dollar fine imposed upon the property owner or the owner's agent or applicant for any violation of the regulations which apply to temporary signs. A fifty ($50.00) dollar fine shall be imposed for each and every day the violation continues to exist. Permits issued for temporary signs shall be issued for a period not to exceed six (6) months or when the reason for the issuance of the permit no longer exists or is otherwise described herein whichever is shorter.

3.     Prohibited Signs. The following signs are specifically prohibited within all zones in the Township:

(a)     Signs limiting official traffic control devices or signs.

(b)     Signs which are obstructing doors, windows, sidewalks, driveways or streets.

(c)      Signs placed on trees, rocks or utility poles.

(d)     Search lights or beacons.

(e)     Banners, pennants, streamers, bunting, balloons, gas-filled figures or similar devices, except as specifically approved by the Council of the Township of Mahwah as provided under subsection 24-6.8f, 2(k).

(f)      Portable or "A" frame signs.

(g)     Advertising, flashing, moving, projecting or roof top signs.

(h)     Signs affixed to parked motor vehicles the primary purpose of which signs is to direct the attention of the public to any business or activity conducted on the premises upon which the vehicle is parked.

(i)      Signs placed in the public right-of-way or on public property without first obtaining prior approval of the Township Council.

4.     Schedule of Regulations. The specific regulations regarding the erection or construction of signs within the Township are set forth in the accompanying "Schedule of Permitted Sign Regulations." 1

1 Editor's Note: Schedules are included at the end of this Chapter.

5.     Regulations for Special Uses. Automatic service and/or gasoline stations may have one (1) ground, pylon or free-standing sign not to exceed the maximum area as provided where permitted in the schedule of permitted sign regulations and where not permitted, not to exceed a maximum area of fifty (50) square feet. Said signage shall be limited to identifying the business name and logo and gasoline prices, and may be a composite of structurally one (1) or more signs, which alone or in combination, shall not exceed the maximum square footage as provided herein. Additionally, the business name or logo, not to exceed four (4) square feet in area, may be identified on two (2) sides only of a canopy. Except as provided in the schedule of permitted sign regulations, no other signage shall be permitted.

g.     Home Occupations. Home occupation uses are permitted as accessory uses in all residential zones in a manner that will not impact upon adjacent properties.

        Home occupations shall conform with the following standards.

1.     A home occupation shall be incidental to the principal use of a dwelling unit for residential purposes. The area set aside for home occupations and/or for storage purposes in connection with a home occupation shall not exceed thirty (30%) percent of the gross floor area (G.F.A.) of such residence, excluding the area of garages, basements and attics in calculation of G.F.A. even though such garage, basement and attic areas may be used for home occupation and/or storage purposes.

2.     There shall be no outdoor storage of materials or equipment. Merchandise shall not be displayed or offered for sale either within or outside of the residence.

3.     A home occupation shall be carried on wholly within the principal building. No home occupation or storage in connection with a home occupation shall be allowed in accessory buildings or detached garages, driveways, walkways, or yards.

4.     There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation. No advertising displays or signs shall be permitted, except for a nameplate indicating the name and profession of the resident consistent with the Township Zoning Code requirements for signs.

5.     No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the property. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in the line voltage off the premises. No hazardous or toxic materials as defined by State or local codes shall be stored on the premises.

6.     The home occupation must be conducted by a person who occupies the premises as his or her principal residence.

7.     All parking of motor vehicles for the persons engaged in the home occupation and for business visitors shall be provided on the premises. On-street parking for business visitors is prohibited.

8.     Not more than one (1) nonresident shall be engaged in the home occupation on the premises at any time.

9.     Not more than two (2) clients, customers, patients or students shall be permitted on the premises at any time.

10.   Home occupations shall be limited to lots which abut a County or State road.

11.   The occupant who conducts the home occupation must apply for and obtain a zoning permit prior to commencement of the home occupation.

h.     Home Offices. Home offices are permitted as accessory uses in all residential zones subject to the following standards:

1.     The office area shall not occupy more than five hundred (500) square feet nor more than twelve and one-half (12.5%) percent of the gross floor area (G.F.A.) of the dwelling unit, whichever is less, excluding the area of garages, basements and attics in the calculation of gross floor area;

2.     The office area shall not have direct access to the outside via a door, but shall be an existing room or area within the detached dwelling unit which is integrated within the overall floor plan of the dwelling;

3.     The office area shall not contain any kitchen or bathroom facilities which are separate from the remainder of the detached dwelling unit;

4.     The office area shall have only typical office equipment limited to computers, telefax machines, telephones, copying machines and similar office equipment;

5.     No supplies or furnishings shall be permitted other than typical office supplies and furnishings;

6.     No signs or other evidence of the office area shall be shown to the outside of the dwelling unit;

7.     No persons shall be permitted on the property regarding the office area other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling unit.

8.     A zoning permit is not required for a home office.

        (Ord. #574; Ord. #883; 1976 Code §179-26; Ord. #912; Ord. #978, §IV; Ord. #1011, §IV; Ord. #1068, §1; Ord. #1114, §I; Ord. #1123, §I; Ord. #1135, §II; Ord. #1225, §§II, IV; Ord. #1269, §1; Ord. #1284, §§I, II; Ord. #1465)

 

 

 

 

24-6.9    Regulations Governing Certain Conditional Uses.

a.     Cemetery Uses. Any of these uses shall be provided with an entrance on a street or road which shall have a pavement width of not less than twenty (20') feet, with ingress and egress so designed as to minimize traffic congestion, and a minimum six (6') foot high fence or evergreen or evergreen-type hedge or shrubs at intervals of not more than six (6') feet, or a minimum of ten (10') feet of permanently maintained planting strip on all property lines abutting any R District or residential street. No interment shall take place closer than fifteen (15') feet to any street right-of-way line. In the event of a wider street right-of-way line as designated on the Official Map or Master Plan of the Township, the requirements shall be deemed to be measured from the proposed realignment or widened alignment as indicated.

b.     Essential Services.

1.     Enclosed or Permanent Structures.

(a)     Public utility services. Such uses shall include electric substations, transformers, switches and auxiliary apparatus serving a distribution area, and water pumping station in R Districts and shall be subject to the following regulations:

(1)     Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(2)     The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.

(3)     Adequate fences, barriers and other safety devices shall be provided, and shall be landscaped in accordance with subsection 24-6.11.

2.     Open.

(a)     Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground or overhead electrical, gas, water transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by such public utilities or Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Open essential services shall not include any human or animal fecal matter or material.

(b)     Landscaping requirements and performance standards established in subsection 24-6.11 and Section 24-8 shall be adhered to.

c.     Community Residences.

1.     No dwelling unit housing more than six (6) persons excluding resident staff may be used or converted to use as a community residence for shelter for victims of domestic violence or a community residence for persons with head injuries unless a conditional use permit has been obtained in advance from the Township Planning Board.

2.     No community residence or community shelter shall be located within fifteen hundred (1,500') feet of an existing such residence or shelter.

3.     No additional permits may be issued if the number of persons, other than resident staff, already residing in community residences or community shelters within the municipality exceeds fifty (50) persons, or five tenths (0.5%) percent of the population of the municipality, whichever is greater.

4.     Standards.

(a)     The requirements for residences occupied by six (6) or fewer persons, excluding resident staff, shall be the same as for single family dwelling units located within such districts.

(b)     The additional minimum requirements for residences occupied by seven (7) persons plus one (1) resident staff member are:

(1)     A minimum lot area consistent with the zoning requirement.

(2)     A minimum of three (3) parking spaces.

(3)     A minimum of two thousand (2,000) square feet of building area.

(4)     A separate bedroom for the staff member.

(5)     Two (2) bathroom facilities.

(c)      The further additional minimum requirements for residences occupied by more than seven (7) persons excluding resident staff members are:

(1)     There shall be an increase in building area by one hundred fifty (150) square feet for each additional occupant.

(2)     There shall be an increase in the minimum zoning lot area by twenty (20%) percent for each additional occupant.

(3)     There shall be one (1) additional parking space for every two (2) additional occupants.

(4)     There shall be one (1) additional bathroom facility for every three (3) additional occupants.

(5)     There shall be an increase in common congregating areas, e.g. living rooms, by twenty-five (25) square feet for every one (1) additional occupant.

(d)     Definitions.

(1)     The term "person" shall be synonymous with the term person in N.J.S.A. 40:55D-66.1.

(2)     The term "occupant" shall include persons and resident staff as described in N.J.S.A. 40:55D-66.1.

d.     Motor Vehicle Body Repair Shops. All motor vehicle body shops shall comply with the following requirements:

1.     Only one (1) such principal use shall be permitted on a lot, which lot shall have a minimum lot area at least one-third (1/3) greater than the minimum required lot area of the commercial zone district in which it is located.

2.     All property boundaries shall have a thickly landscaped buffer at least ten (10') feet wide. Buffers adjacent to any Residence District shall have a minimum width of twenty-five (25') feet. This buffer area shall be located outside of any area required to be fenced.

3.     All garage door or interior bay accesses shall face and be oriented toward the property's side lot line, except where such side yard faces and is adjacent to a residential use.

4.     Motor vehicles under repair shall be kept either within the principal building or outside within a fenced and screened compound. No vehicle shall remain on-site for more than forty-five (45) days.

5.     Improved building, paved areas, used parts and scrap storage compound coverage shall not exceed sixty (60%) percent of the total lot area.

6.     Building coverage shall not occupy more than thirty (30%) percent of the total lot area.

7.     Outdoor storage of used parts (motor vehicle components) shall be stored in a fully enclosed container or fenced compound area separate from the outside vehicle parking area. This compound shall not exceed two hundred (200) square feet in area.

8.     Additional parking spaces shall be provided on site as follows:

(a)     One (1) space for each employee and two (2) spaces for customer estimates.

           Any conditional use application for motor vehicle body repair shop use shall be accompanied by a Site Plan incorporating the above requirements and be in accordance with Chapter XXII, Site Plan Review, of this Code.

        (Ord. #574; Ord. #794; Ord. #811; 1976 Code §179-27; Ord. #1215; Ord. #1266, §1; Ord. #1368, §III; Ord. #1401, §III; Ord. #1589, §5; Ord. #1653, §5)

 

24-6.10  Planned Residential Developments.

a.     Permitted Uses. In planned residential developments, no building or structure shall be erected and no existing building or structure shall be reconstructed, moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose other than as follows:

1.     Single-family detached dwellings.

2.     Townhouses and patio houses.

3.     Townhouse-duplex combination in the PRD 6 Zone, only.

4.     Triplexes, quadruplexes, and garden apartments.

5.     Public and private educational facilities.

6.     Churches and other places of worship, including parish houses, Sunday school buildings and other similar uses.

7.     Public utilities and essential services.

8.     Parks, playgrounds, firehouses and library or Municipal buildings.

9.     Indoor and outdoor recreational facilities, including publicly and privately owned and operated golf courses and clubs, tennis courts and clubs, swimming pools and clubs, country clubs, skiing facilities, arboretums, botanical gardens, hiking trails and other similar facilities. Indoor tennis courts are excluded from this listing.

b.     Land Use Where Development Does Not Qualify as a Planned Residential Development. In areas of the PRD Zone which do not qualify as planned residential developments or do not elect to proceed as planned residential developments, all of the controls and requirements of the R-20 Residential Zone shall apply.

c.     Size of Planned Residential Development.

1.     No tracts, parcels or lots or tract, parcel or lot shall be developed as a planned residential development unless it shall contain a minimum of fifty (50) or more acres of adjoining and contiguous land and shall contain sufficient access to an approved and improved street. For the purpose of this section, internal streets, roads and rights-of-way shall not be deemed to divide acreage of a planned residential development. In the PRD-4S District the total project site area shall contain a minimum of thirty-five (35) acres.

2.     The Planning Board shall have the authority to waive this requirement where:

(a)     One (1) or more parcels contain at least twenty-five (25) acres; and

(b)     The twenty-five acre site is contiguous to and abuts a planned residential development site.

d.     Buffer Areas.

1.     The landowner shall provide and maintain a buffer zone no less than one hundred (100') feet wide from all external lot lines of a planned residential development, except for that portion which fronts upon an existing external street or roadway. Such buffer zone shall be kept in its natural state where wooded; and when natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as determined by the Planning Board. In the PRD-4S District, the landowner shall provide and maintain a buffer no less than seventy-five (75') feet wide, subject to the same requirements as noted above. Road access ways may be permitted within said PRD-4S District buffer area, provided that they be no closer than ten (10') feet from any property line and the ten (10') foot area shall be densely planted to provide maximum screening.

2.     The Planning Board, upon specific findings or particular circumstances relating to conditions of topography, natural features, lot configuration, natural vegetation or the lack of same, soil conditions, drainage or other similar site characteristics or where the proposed development is compatible with existing development, may decrease the required buffer area to a minimum of fifty (50') feet, or increase the required buffer area to a maximum of two hundred (200') feet.

3.     The Planning Board may modify or eliminate the requirements for a buffer area upon finding that the planned residential development abuts another planned residential development, a buffer zone designated on the zoning map of the Township or a natural or man-made barrier and that by reason thereof, the buffer area may be modified or eliminated without detriment to existing or proposed uses.

4.     No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons therefor, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property.

5.     The required buffer area may be included in the area of a planned residential development for the purpose of computing compliance with the open space requirements of this Chapter.

e.     Area, Bulk and Yard Requirements.

1.     Boundary Line Setback Requirements. All buildings and structures shall be set back no less than thirty-five (35') feet from any external street right-of-way line or a distance equal to the height of any building or structure from the right-of-way line, whichever is greater, within a planned residential development.

2.     Area, Yard and Bulk Controls. Area, yard and bulk controls shall be in accordance with the Schedule of Area, Yard and Bulk Controls for Planned Residential Developments herein.[2]

3.     Measurement of Setbacks. All setbacks shall be measured from the right-of-way line of the street, but if the Master Plan or Official Map of the Township shows the location of a right-of-way line different from the existing right-of-way line, the required setbacks shall be measured from the right-of-way line as shown on the Official Map, if any, or the Master Plan.

4.     At all street intersections, no obstruction to vision exceeding thirty (30") inches in height above the grade to be established at the curb, other than existing buildings, posts, columns or other trees or proposed necessary traffic control devices, shall be permitted in an area bounded by the intersecting curbline and a line joining points each thirty (30') feet distant from the intersection of the curblines along the curbline of each street.

f.      Building Height. No building or structure shall have a height greater than two and one-half (2 1/2) stories or thirty-five (35') feet in a planned residential development.

g.     Distance Between Buildings. The minimum distance between any two (2) buildings, other than buildings containing common walls and used as townhouses, duplexes, etc., shall be no less than as computed under the following formula:

                   La + Lb + 2 (Ha + Hb)

            S =                   5

           Where S =   The required minimum horizontal distance between any wall of Building A, at any given level, and any wall of Building B, at any given level, or the vertical prolongation of either.

                    La =   The total length of Building A. Building A shall be that structure which is equal to or greater in length than the other of the two (2) buildings selected.

                    Lb =   The total length of Building B.

                    Ha =   The height of Building A. The height of Building A is the average height above finished grade of the nearest wall or walls facing Building B.

                    Hb =   The height of Building B. The height of Building B is the average height above finished grade of the nearest wall or walls facing Building A.

h.     Land Use Intensity and Distribution.

1.     Overall Residential Density. Within the PRD-4 Zone, the overall residential density shall be four (4) units per acre of total land area in the planned residential development. Within the PRD-6 Zone, the overall residential density shall be six (6) units per acre of total land area in the planned residential development. For the purpose of this section, internal streets, roads and rights-of-way shall be included in the acreage calculations.

2.     Net Residential Densities. The maximum net residential density in each planned residential development shall be as set forth in the following table.

 

Maximum Residential Densities for Planned Residential Development

                 Maximum Number of

                 Units per Acre*

Type of Dwelling                             PRD-4       PRD-6     PRD-4S

(a)     Single family detached              3               6           n.a.

(b)     Townhouse, Patio house            6               8           3.55**

(c)      Garden apartment,

            triplex, quadruplex               10             14           n.a.

(d)     Townhouse - duplex

            combination                         n.a.            10           n.a.

(e)     Adult                                      n.a.           n.a.         11**

    *   Note: Acreage does not include street rights-of-way and other travelled ways, recreation and open space areas and other permitted uses in the planned residential development

   **   The density per acre limit expressed in gross density.

3.     Distribution of Residential Units. Within the PRD-4, PRD-4S, and the PRD-6 Zones, the distribution of residential dwelling units shall be governed by the standards presented in the following table:

 

Minimum and Maximum Limits for Various Types of Dwellings in Planned Residential Development

                 Percent of Total Housing

                 Units to be Provided

        Dwelling                 Minimum                  Maximum

        Type  PRD             PRD   PRD     PRD   PRD   PRD

                 -4                   -6*      -4S        -4        -6       -4S

(a)    Single family            5         5        n.a.      50       50      n.a.

        detached

(b)    Townhouse,

        patio house              20       20         50       75       80       50

(c)    Garden

        apartment triplex,

        quadruplex              20       20        n.a.      35       35      n.a.

(d)    Townhouse-

        duplex combination

                 n.a.               n.a.     n.a.      n.a.     100     n.a.

(e)    Adult n.a.               n.a.      50        n.a.     n.a.      50

*Note: If the developer of a PRD-6 elects to construct one hundred (100%) percent Townhouse-Duplex combination units, then the minimum percentages set for the PRD-6 Zone shall not apply.

i.      Planned Residential Development Open Space.

1.     Required Amount. Each planned residential development area shall contain a minimum of twenty (20%) percent of its total land area in planned residential open space.

2.     Computation. Any required planned residential development open space may include common recreation areas for residential uses, and required buffer areas for computation purposes as well as other permitted open space functions as defined herein.

3.     Modification. The Planning Board, at its discretion, shall have the right to reduce the minimum area of planned residential development open space if all of the following conditions are met:

(a)     If one (1) or more tracts, parcels or lots are required to be dedicated for public purposes, including but not limited to schools, fire stations, police facilities, libraries or other similar Municipal uses, but not including utility, sewer or stormwater drainage easements; water or sewer improvements; or roadways or any other recreational facilities or other similar dedication required by this Chapter.

(b)     If the area of planned residential development is not reduced to less open space than fifteen (15%) percent of the total area of the planned residential development.

(c)      If the total reduction in the planned residential development open space shall not be greater than one (1) acre or part thereof in open space for every one (1) acre or part thereof of land required for public use or public purpose dedication.

4.     Ownership. If any area designated for open space of any type is to be retained by private interests, such private interests shall be required to file easements or specify reversionary interests in a deed or other similar conveyance, as determined by the Planning Board Attorney, to the appropriate governmental body or environmental commission to ensure the intended use and function of such area.

j.      Circulation and Off-Street Parking Requirements in Planned Residential Developments.

1.     Off-Street Parking and Loading. In any planned residential development, off-street parking and loading facilities and standards shall be in accordance with the Township Site Plan Ordinance.

2.     Street Requirements.

(a)     The right-of-way and pavement widths of all internal streets, roads and vehicle-traveled ways shall be determined from sound planning and engineering standards in conformity to the estimated needs of the full proposed development and the traffic to be generated thereby. They shall be adequate in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting and police vehicles.

(b)     All streets and roads, either dedicated public streets or privately owned and maintained, or any combination thereof, shall be subject to all Township ordinances as well as the laws of the State of New Jersey with regard to construction.

(c)      The Planning Board shall be guided by the following criteria of street grades, but shall have the authority to modify same where exceptional circumstances warrant: six (6%) percent for major and arterial streets and ten (10%) percent for collector and local streets. Exceptions to these limitations shall be made after review and written approval by the Township Engineer and Planning Consultant.

(d)     When deemed necessary by the Planning Board, the applicant shall provide a continuous street circulation system with adjoining land areas.

(e)     Where an Official Map or Master Plan, or both, have been adopted, the proposed street system shall conform to the proposals and conditions shown thereon except as may be modified by the Planning Board or governing body, as provided by law.

k.     Other Improvements.

1.     Utility Improvements.

(a)     Every planned residential development shall be serviced by a centralized water and sanitary sewerage system.

(b)     All utility improvements, including storm drainage systems, sanitary sewage collection and disposal and water supply systems, shall be in accordance with standards and procedures as established by local, County and State regulations. Improvements shall be subject to review and approval by the Township Engineer and the Township Board of Health, as well as appropriate County and State agencies. Water supply facilities shall be subject to review and approval by the Township Engineer, the Township Fire Prevention Bureau and the Township Water Department and the Water and Sewer Consultant, and must also meet all of the environmental requirements of this Chapter.

2.     Electric, Gas and Telephone Service.

(a)     Electric, gas and telephone service shall be provided by the developer in concert with the appropriate public utilities providing such service. Service shall be provided as part of an underground system.

(b)     If such facilities cannot be reasonably provided due to topographic or geologic condition of the land due to technological circumstances, and if the landowner shall adequately demonstrate the lack of feasibility of such an undertaking to the satisfaction of the Planning Board, a waiver of this requirement may be granted by the Planning Board.

3.     Street improvements. Monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction as well as other improvements shall be subject to local regulations and Township Engineer approval.

l.      Environmental Standards. Any application for a planned residential development shall adhere to the environmental criteria established in Chapter XXII, Site Plan Review. All buildings or structures which shall be erected and any existing buildings or structures which are to be moved, enlarged, altered or added to and any land, buildings or structures which are to be designed, used or intended to be used shall comply with these requirements.

1.     There shall be a zero (0%) percent increase in runoff for all property in its natural or existing state in accordance with Township requirements.

2.     All principal buildings shall be set back a minimum of twenty (20') feet from the high watermark of any stream or watercourse. All stream and watercourse corridors within this twenty (20') foot distance shall remain in their natural state except where necessary to provide utility easements or connecting roadways. The Planning Board shall, in addition, require an easement of not less than fifteen (15') feet along each side or edge of the body of water, provided same is not wholly within the subject property.

3.     No sanitary sewage disposal systems through land disposal shall be located within four (4') feet of any water table during any period of the year. Where natural water levels are closer than four (4') feet to the ground surface during any period of the year, there shall be no fill permitted in order to create an otherwise satisfactory land disposal, except where permitted by the Township Board of Health. No seepage field for sanitary sewage disposal shall be located nearer than three hundred (300') feet to any channel or surface watercourse. There shall be no point source pollution in any stream or waterway in the Township, as measured against the most recent studies or measurements of these waterways.

4.     All Federal and State requirements affecting potable water shall be adhered to.

5.     All groundwater sources in areas of limestone or fractured bedrock shall not be located within one hundred (100') feet from any sewage disposal facility.

6.     No development shall impede the existing waterways or streams or substantially alter the hydrology of the area.

7.     In any planned residential development, no development shall occur in any area with a topographic slope of sixteen (16%) percent or greater.

8.     All environmental criteria shall be adhered to as promulgated by the Township and all appropriate County, regional, State and Federal requirements.

m.    Comprehensive Plan. The applicant for a planned residential development shall be required to submit a comprehensive plan for the entire area so zoned and under the applicant's control. The plan shall be submitted in accordance with Chapter XXVI, Land Subdivision, Chapter XXII, Site Plan Review, Chapter XXIV, Zoning, and other applicable Municipal, County and State regulations.

           The comprehensive plan shall be submitted as a part of the preliminary application.

n.     Staging. As permitted under N.J.S. 40:55D-39 subsection C.(6), each planned residential development shall be developed in stages as outlined herein:

           Application for final site plan approval or final subdivision approval or both shall be limited to a maximum of thirty-three (33%) percent of the total number of housing units authorized by the Approving Authority at the preliminary application stage described in subsection m. above. Once a final stage is approved by the approving authority, the second stage shall not be submitted for consideration by the approving authority for a period of less than six (6) months. All subsequent stages shall likewise have a waiting period of no less than six (6) months from the time of approval granted by the approving authority of the preceding stage.

o.     Sequence of Stages. In the deliberation of the proposed sequence of stages, the approving authority shall be guided by the following criteria and factors:

1.     That each stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.

2.     That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.

3.     That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guarantees, covenants and other formal agreements.

4.     That the land owner will provide a balanced distribution for development in each stage. The disposition shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.

p.     Final Approval, Compliance with Comprehensive Plan. A plat submitted for final approval shall be required to be in total compliance with the Township zoning ordinance and to be in substantial compliance with the comprehensive preliminary plan, granted by the approving authority. For an entire site, a plan shall be deemed to be in substantial compliance where the plat does not:

1.     Vary the proposed residential density or intensity of use by more than two (2%) percent;

2.     Does not involve a reduction in open space or the substantial relocation of such area, or increase by more than three (3%) percent of the total lot coverage;

3.     Nor involve the increase in height of any building greater than permitted in the zoning ordinance.

           Any plat which is not in compliance with the comprehensive preliminary plan for the entire site shall require an amendment to the preliminary approval including new public hearings.

q.     No person, firm or corporation, or agents, servants or representatives of any of the foregoing, shall occupy, or permit the occupancy of any adult home dwelling unit unless and until a certificate of occupancy shall first have been obtained from the Construction Official of the Township, to assure that occupancy will not be in violation of any of the terms and conditions of this Chapter.

        (Ord. #574; Ord. #622; Ord. #732; Ord. #815; 1976 Code §179-28)

 

24-6.11  Buffer Zone and General Landscaping Requirements.

a.     Buffer Zone Requirements.

1.     All commercial, industrial and apartment uses adjoining or abutting a residential zone or institutional or public use shall provide a buffer strip or buffer zone on the side or sides facing said use or zone in accordance with the following table.

Buffer Zone Requirements

                 Buffer Zone

Zone         (feet)

District     Depth of Buffer Zone             Minimum    Maximum

GA-200      10% of lot depth or width            50               100

B-200        on the side or sides facing

IP-120       such use or residential

RM-6         zone

ORP 200

B-40          7 1/2% of lot depth or width        25                50

GI-80         on the side or sides facing

                 such use or residential zone

B-10          5% of the lot depth or width       10                25

                 on the side or sides facing

                 such use or residential zone

        PED Zone. A minimum buffer of fifteen (15') feet shall be provided along every area that abuts a property used for residential purposes.

2.     No principal or accessory structure, other than as may be provided herein, nor any off-street parking or loading areas or other use shall be permitted within the buffer zone.

3.     No access or driveways, other than as may be permitted herein, shall be permitted within the buffer zone.

4.     The buffer zone shall be kept in its natural state where wooded, and when natural vegetation is sparse, plant material at least six (6') feet in height and a solid or tightly woven fence may be required so as to provide a year-round visual screen by the Planning Board. The planting may be placed in suitable areas in the buffer zone as shall be required by the Planning Board and the Shade Tree Commission of the Township.

5.     Within the buffer zone, underground utility easements shall be permitted.

6.     The area encompassed in the buffer zone may be utilized for the purpose of computing lot coverage and yard setbacks.

7.     The provisions of paragraph b., 3. shall also apply.

b.     General Landscaping Requirements.

1.     Fencing. All fences erected in the Township must be erected so as to have the finished side facing the neighboring lot. No fence shall be erected higher than six (6') feet in height when located behind the front facade line of the principal structure. No fence shall be erected higher than four (4') feet in height when located within the front yard as defined in subsection 24-2.2. Notwithstanding anything contained in this subsection, the fencing of private tennis courts shall comply with the provisions of subsection 24-6.8.

2.     Fencing on corner lots shall meet the same requirements as set forth in paragraph b., 1. for interior lots. For the purposes of this paragraph b., 2. only, the side yards of corner lots shall not require front yard dimensions.

3.     No fence can be erected within the sight triangle of an intersection as provided for by the existing land use regulations of the Township.

4.     Enclosed Uses. Any enclosed use required by this Chapter to be landscaped shall be provided with a fence or a visual screen designed to produce a dense cover consisting of evergreen or evergreen-type hedges or shrubs, spaced at intervals of not more than six (6') feet, located and maintained in good condition within ten (10') feet of the property line or as shall be determined by the Planning Board. The Planning Board, in the alternative, may require a landscaped earth berm not less than five (5') feet in height.

5.     Unenclosed Uses. Any use which is not conducted within a completely enclosed building, such as required off-street parking, shall be entirely enclosed by a solid or closely woven fence or by evergreen hedges or shrubs spaced at intervals of not more than six (6') feet, located and maintained in good condition, within ten (10') feet of the property line or the zone district boundary line or as shall be determined by the Planning Board. In the alternative, the Planning Board may require a landscaped earth berm not less than five (5') feet in height.

6.     Maintenance.

(a)     Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this Chapter. Failure to maintain fencing or to replace dead or diseased landscaping or any refuse which may collect therein shall be considered a violation of this Chapter, in accordance with subsection 24-11.5, paragraph c.

(b)     Whenever a buffer or landscaping requirement is imposed, and to the extent that same is in fulfillment of the requirements of this Chapter or any other Township ordinance, a guaranty in the form of a surety bond, cash or security deposit shall be required.

7.     Temporary fences (including but not limited to snow fences, construction fences, safety fences and filter fences) are not permitted in the Township of Mahwah for periods in excess of thirty (30) days except when such fences are being actually used in connection with immediate or current construction activity or safety protection activity on the site.

        (Ord. #574; Ord. #622; 1976 Code §179-29; Ord. #912; Ord. #1247, §II; Ord. #1293, §I; Ord. #1448)

 

 

24-7    OFF-STREET PARKING AND LOADING.

 

24-7.1    Off-Street Parking and Loading Spaces Required.

a.     In all districts, in connection with every industrial, business, institutional, recreational or residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking and loading spaces for automobiles and other vehicles in accordance with the requirements set forth in Chapter XXII, Site Plan Review. Such facilities shall be completed prior to the issuance of a certificate of occupancy. In cases where site plan approval is not required, the standards established herein shall prevail.

b.     Off-street parking and loading facilities in the OP-200 Zone shall be provided in accordance with the requirements established in Chapter XXII, Site Plan Review. A minimum of fifty (50%) percent of all required parking shall be required to be provided either in a below grade parking facility or above grade parking garage or deck, in the OP-200 Zone.

        (Ord. #574; Ord. #883; 1976 Code §179-30)

 

24-7.2    Joint Facilities.

   Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one (1) use unless otherwise approved by the Planning Board as provided in Chapter XXII, Site Plan Review. (Ord. #574; 1976 Code §179-31)

 

24-7.3    Maintenance of Off-Street Parking and Loading Areas.

   Every parcel of land hereafter used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, landscaping and other improvements shall be maintained in workable, safe and good condition. (Ord. #574; 1976 Code §179-32)

 

24-7.4    Off-Site Parking Facilities.

   All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same zone lot as the use to which such spaces are accessory, except that such spaces may be provided elsewhere but shall be provided within a radius of no greater distance than four hundred (400') feet from that lot, and provided further that required spaces are provided off the site in accordance with the provisions set forth herein or in Chapter XXII, Site Plan Review, and that such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in the office of the County Clerk in Bergen County, binding the owner and his heirs and/or assigns to maintain the required number of spaces available throughout the life of such use, and such spaces shall conform to all regulations of the district in which they are located. (Ord. #574; 1976 Code §179-33)

 

24-7.5    Off-Street Parking Residential Zones.

a.     Every one or two-family dwelling constructed and any dwelling converted from a one (1) family to a two (2) family dwelling after the enactment of this Chapter shall be required to provide a minimum of two (2) off-street parking spaces for each dwelling unit in a one (1) family dwelling, and one and one-half (1-1/2) off-street parking spaces for each dwelling unit in a two (2) family dwelling.

b.     Commercial vehicles with a gross vehicle weight exceeding ten thousand (10,000) lbs., including buses used or designated for public conveyance of any nature, shall not be parked overnight or stored out of doors overnight in any residential zone in the Township.

1.     Commercial vehicle is defined as any motor driven vehicle used or designed to be used for commercial purposes on the highways or roadways or in construction, whether or not the vehicles are registered as, and bear commercial type license plates.

2.     Not more than one commercial vehicle may be kept on any one family or two family lot. The one permitted shall not exceed a vehicle gross vehicle weight of ten thousand (10,000) lbs. and must be used by a resident of the premises. The permitted vehicle must be parked a minimum of ten (10') feet from all property lines of the premises.

3.     In multiple dwelling zones, PRD Zones and in the residential portions of the CED Zone, commercial vehicles may be parked overnight provided that:

(a)     Each vehicle does not have a gross vehicle weight exceeding ten thousand (10,000) lbs.;

(b)     The vehicle is used by a resident of the premises;

(c)      Not more than one commercial vehicle may be parked by the residents of any unit; and

(d)     The vehicle is parked a minimum of ten (10') feet from the nearest building and ten (10') feet from all property lines.

c.     The provisions of this section shall not apply to vehicles regulated by Chapter XI of the Township Code entitled "Trailers and Trailer Parks".

        (Ord. #574; Ord. #675; 1976 Code §179-34)

 

 

24-8    PERFORMANCE STANDARDS AND DESIGN CRITERIA.

 

24-8.1    General Application.

   All industrial, business, office and multiple-family residential uses, including mobile home parks, are subject to the following performance standards and procedures. Other uses, existing or proposed, which the Construction Official has reasonable grounds to believe violate these performance standards shall be subject to the provisions of this section. (Ord. #574; 1976 Code §179-35)

 

24-8.2    Compliance with Performance Standards.

a.     Prior to Construction and Operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that the use will be operated in accordance with the performance standards set forth herein.

b.     Continued Compliance. Continued compliance with performance standards is required and enforcement of continued compliance with these performance standards shall be enforced by the Construction Official.

        (Ord. #574; 1976 Code §179-36)

 

24-8.3    Nuisance Elements.

a.     Definition of "Nuisance Elements." A "nuisance element" is any noise, radioactivity, vibration, glare, smoke, odor, air and water pollution or dust which exceeds the performance standards established under this section.

b.     Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made:

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

2.     At the zone district boundary line, for odor.

        (Ord. #574; 1976 Code §179-37)

 

24-8.4    Performance Standards.

a.     Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in subsection 24-8.3, paragraph b.

b.     Glare. No direct or sky-reflected glare shall be visible, whether from floodlights or from high-temperature processes, so as to be visible at the points of measurement specified in subsection 24-8.3, paragraph b.

c.     Smoke.

1.     The emission standards of this Chapter or as promulgated by the New Jersey Department of Environmental Protection, whichever is more restrictive, shall pertain.

2.     No emission shall be permitted, from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 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.

3.     The provisions of this paragraph shall not apply to:

(a)     Smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 3 of the Power's Micro-Ringelmann Chart for a period or periods aggregating no more than three (3) minutes in any fifteen (15) consecutive minutes.

(b)     Smoke resulting from any fire ignited solely for the purpose of training or research in fire prevention or protection.

(c)      Smoke from locomotives the shade or appearance of which is equal to but not darker than No. 3 of the Power's Micro-Ringelmann Chart for a period or periods aggregating no more than thirty (30) seconds in any three (3) consecutive minutes, or smoke of the density for a period aggregating no more than four (4) minutes in any fifteen (15) consecutive minutes when building a new fire.

(d)     Household fireplaces.

d.     Odors. No emission of odorous gases or other odorous matter in such quantity as to be readily detectable shall be permitted.

e.     Dust. Solid particles shall not be emitted in concentrations exceeding standards established by the New Jersey Department of Environmental Protection.

f.      Fly Ash. No emission of any fly ash shall be permitted to be discharged from any stack or chimney into the open air in excess of the quantity set forth in regulations promulgated by the New Jersey Department of Environmental Protection.

g.     Noise. At the points of measurement specified in subsection 24-8.3, paragraph b., the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in the following table, after applying the corrections shown therein. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. American Standard Sound Level Meters for Measurements of Noise and Other Sounds, Z24.3-1944, American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Sounds, Z24-10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used.

Maximum Permitted Noise Levels

                 Frequency Ranges Containing Octave Band Sound

                 Standard Octave Bands            Pressure Level

                 (cycles per second)          (decibels re 0.0002 dyne/cm)

                 20 - 300    60

                 300 - 2,400  40

                 Above 2,400 30

 

Corrections to Be Applied to Octave Band Sound Pressure Level in Decibels

                 Type or Location of Operation                Correction

                 or Character of Noise                            in Decibels*

Daytime operation only                                                 +5

Noise source operating less than:

                 20% of any 1-hour period                              +5

                 5% of any 1-hour period                              +10

Noise of impulsive character                                          -5

        (hammering, etc.)

Noise of periodic character                                            -5

*Note: Apply one (1) of these corrections only.

h.     Radioactivity or Electrical Disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbances adversely affecting the operation of any equipment. All applicable Federal and State regulations shall be complied with.

i.      Fire and Explosion Hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of State and local laws and regulations shall also apply.

        (Ord. #574; 1976 Code §179-38)

 

24-8.5    Design Criteria.

   In the judgment of the Planning Board, in accordance with the spirit and intent of this Chapter, the following design criteria shall be adhered to in each and every case, except where otherwise provided.

a.     Traffic Access. All proposed site traffic accessways are adequate but not excessive in number; adequate in grade, width, alignment and visibility; and not located too near street corners, entrances to schools or places of public assembly; and other similar considerations.

b.     Circulation and Parking. Interior circulation is adequate and that all required parking spaces are provided and are easily accessible. All off-street parking and loading areas shall be surfaced with a durable and dust-free surface. All areas shall be properly marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

c.     Lighting. All exterior lighting devices shall be arranged so as to reflect the light away from adjoining premises. No rotating or flashing signs or lights shall be permitted.

d.     Drainage, Water Supply and Sewage Disposal Facilities. All development shall be provided with adequate water supply, sewage disposal and drainage facilities in accordance with the Township requirements.

e.     Disposal of Usable Open Space. Usable open space shall be so arranged as to ensure the health and safety and to promote the general welfare.

f.      Arrangement of Buildings. Adequate provision shall be made for light, air, access and privacy in the arrangement of buildings.

g.     Landscaping. Landscaping, where required, shall be provided in order to enhance and protect the natural and scenic qualities of the land. Where adjacent land use dictates, screening and buffer areas shall be required.

        (Ord. #574; 1976 Code §179-39)

 

 

24-9    NONCONFORMING USES AND STRUCTURES.

 

24-9.1    Continuation of Use.

   A use, building or structure which is lawfully in existence at the effective date of this Chapter and shall be made nonconforming at the passage of this Chapter or any applicable amendment thereto may be continued, except as otherwise provided in this section. (Ord. #574; 1976 Code §179-40)

 

24-9.2    Regulation of Nonconforming Uses.

   No existing use, building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when changed to a conforming use or when required to do so by law and as follows:

a.     Restoration. Any nonconforming structure damaged to less than eighty (80%) percent of its previous existing area may be restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. The Board of Adjustment shall determine the time period in which complete restoration shall take place.

b.     Repairs. Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use and does not increase the number of dwelling units.

c.     Nothing in this Chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building or structure declared unsafe or unlawful by the Construction Official or other authorized State or Township official.

d.     Change of title or ownership does not discontinue a nonconforming use.

        (Ord. #574; Ord. #622; 1976 Code §179-41)

 

24-9.3    Termination of Nonconforming Uses.

a.     Abandonment. A nonconforming use not used for one (1) year and/or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived.

b.     Partial Destruction. When eighty (80%) percent or more of the existing area of a nonconforming structure is destroyed by fire or other casualty or an act of God, the use of such structure as a nonconforming use shall thereafter be terminated.

c.     Nonconforming Buildings Lawfully Under Construction. Any nonconforming building or structure lawfully under construction on the effective date of this Chapter, pursuant to plans filed with the Construction Official and approved by him and all other Municipal boards and agencies as required under law, may be completed and may be used for the nonconforming use for which it was designed, to the same extent as if such building had been completed and been in use on the effective date of this Chapter, provided that such building or structure shall be completed within one (1) year after the effective date thereof.

        (Ord. #574; 1976 Code §179-42)

 

 

24-10  BOARD OF ADJUSTMENT.

 

24-10.1  Continuance.

   All ordinances applicable to the Board of Adjustment are expressly not repealed or amended by this Chapter. (Ord. #574; 1976 Code §179-43)

 

 

24-11  ADMINISTRATION AND ENFORCEMENT.

 

24-11.1  Enforcement by Zoning Officer.

   The Zoning Officer is hereby given the duty, power and authority to enforce the provisions of this Chapter. There shall also be an Assistant Zoning Officer who shall also have the duty, power and authority to enforce the provisions of this Chapter. The Zoning Officer shall examine all applications for zoning permits and issue said zoning permits for all uses which are in accordance with the requirements of this Chapter. The Zoning Officer shall also record and file all applications for zoning permits, with accompanying plans and documents, and make reports to the Township Council, the Construction Official, and the Tax Assessor. (Ord. #574; Ord. #747; 1976 Code §179-44; Ord. #1122, §I)

 

24-11.2  Zoning Permits.

a.     Purpose. The zoning permit looks to the location and use of the building in light of the requirements of this Chapter, and certifies that such location and use is per-mitted, or that it exists as a nonconforming use and/or nonconforming structure, or is permitted by the terms of a variance. To ensure compliance with the provision of this Chapter, no person shall erect, alter or convert any structure or building or part thereof or alter the use of any land subsequent to the adoption of this Chapter, until a zoning permit has been issued by the Zoning Officer.

b.     Application for Zoning Permit. All zoning permit applications shall be made in writing by the owner or his authorized agent and shall include a statement to the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this Chapter. The zoning permits shall be granted or denied within twenty (20) business days from the date that a written application is filed with the Zoning Officer.

c.     Issuance of Zoning Permit. Zoning permits shall be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. It shall be the duty of the Zoning Officer to issue a zoning permit, provided that person is satisfied that the proposed use conforms with all requirements of this Chapter. It is the applicant's responsibility that all other reviews and actions, if any, called for in this Chapter or any other Township ordinance have been complied with and all necessary approvals secured therefor.

d.     Denial of Zoning Permit. When the Zoning Officer is not satisfied that the applicant's proposed development will meet the requirements of this Chapter, the Zoning Officer shall refuse to issue a zoning permit. When an application for a zoning permit is denied, it is the duty of the Zoning Officer to specify what sections of the application are not in conformance with the zoning ordinance. The applicant may appeal to the Zoning Board of Adjustment.

e.     Records of Zoning Permits. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits issued, together with a notation of all special conditions involved. The Zoning Officer shall prepare a monthly report for the Township Council, Planning Board, Zoning Board of Adjustment, and Tax Assessor, summarizing for the period since his previous report all zoning permits issued by him and all complaints of violations and the action taken by him consequent thereon.

f.      Fees for Zoning Permits.

1.     There shall be a one hundred ($100.00) dollar fee for an application for a zoning permit.

2.     There shall be a fifty ($50.00) dollar fee for an application for a zoning permit for fences or sheds of one hundred twenty (120) square feet or less.

(Ord. #1122, §II; Ord. #1666, §6; Ord. #1699, §6)

 

24-11.3  Building Permits.

a.     Relationship to Zoning Permit. Where new construction is proposed, no building permit shall be issued by the Construction Official unless a zoning permit covering the use and location of the proposed structure has first been obtained.

b.     Issuance of Building Permit. All building permits shall be issued in duplicate and one (1) copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this Chapter, nor shall anyone perform building operations of any kind after notification of the revocation of said building permit.

c.     Revocation of Building Permit. If it shall appear, at any time, to the Construction Official that the application or accompanying plan is in any respect false or misleading, or that work is being done on the premises differing from that called for in the application that has been filed under existing laws or ordinance, the Construction Official may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Construction Official. After the building permit has been revoked, the Construction Official may, in the Official's discretion, before issuing the new building permit, require the applicant to file an indemnity bond in favor of the Township of Mahwah, with sufficient surety conditioned for compliance with this Chapter and all laws and ordinances then in force, and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.

d.     Other Requirements. Building permits for a variance from the requirements of this Chapter and plans requiring site plan approval shall only be issued upon receipt of a written resolution of approval from the Board of Adjustment, the Township Council or the Planning Board.

e.     Records of Building Permits. It shall be the duty of the Construction Official to keep a record of all applications for building permits issued, together with a notation of all special conditions involved. The Construction Official shall prepare a monthly report for the Township Council, Planning Board, Zoning Board of Adjustment, and Tax Assessor, summarizing for the period since his previous report all building permits issued by him and all complaints of violations and the action taken by him consequent thereon.

(Ord. #574; 1976 Code §179-45; Ord. #1122, §III)

 

24-11.4  Certificate of Occupancy.1

a.     Relationship to Building Permit. The purpose of a certificate of occupancy is to indicate that the construction authorized by the building permit has been completed in accordance with the building permit, the State Uniform Construction Code and this Chapter.

b.     Certificate of Occupancy for New Uses.

1.     Compliance with Zoning Ordinance. No building hereafter erected and no building hereafter enlarged, extended or altered, wholly or in part, so as to change its use classification shall be used or occupied or used in whole or in part until such time as a certificate of occupancy is issued by the Construction Official. Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with all of the provisions of this Chapter. No certificate of occupancy shall be issued unless a zoning permit has first been obtained. Said certificate shall be issued by the Construction Official to the owner or his agent within ten (10) days after written application if all conditions under this section are complied with.

2.     Compliance with Other Ordinances. A certificate of occupancy shall not be issued until the Construction Official receives written confirmation from any or all of the following that all applicable codes and ordinances administered and enforced by the following named department(s) have been complied with:

(a)     The Board of Health.

(b)     The Fire Prevention Bureau.

(c)      The Recreation Commission.

(d)     The Water Department.

(e)     The Water and Sewer Consultant.

(f)      The Township Engineer.

(g)     The Township Police Department.

(h)     The Planning Board.

(i)      The Board of Adjustment.

(j)      The Township Council.

(k)     The Environmental Commission.

(l)      The Historic Preservation Commission.

(m)    The County Planning Board.

(n)     Any other applicable Federal, State, County or Township department, board or agency.

c.     Certificate of Occupancy for Existing Uses.

1.     Upon written request from the owner, tenant, occupant or purchaser under contract for a certificate of occupancy for existing uses, a determination shall be made by the Zoning Officer, as to compliance to this Chapter. The Construction Official, upon the Zoning Officer determination, shall cause an inspection to be made and after inspection, shall issue an occupancy permit for a use legally existing at the time this Chapter is made effective.

2.     No change or extension of use and no alterations shall be made in a nonconforming use or premises without a zoning permit having first been issued by the Zoning Officer, stating that such change, extension or alteration is in conformity with the provisions of the zoning ordinance.

d.     Certificate of Occupancy For Change of Use. No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passage of this Chapter, without first procuring a zoning determination, and a certificate of occupancy for change of use. The certificate of occupancy for change of use, once granted, shall continue in effect as long as there is no change of use regardless of change in tenancy or occupancy.

e.     Certificate of Occupancy Records. A record of all certificates of occupancy shall be kept in the office of the Construction Official and copies shall be furnished upon request to any person having a proprietary interest or tenancy in the building affected.

        (Ord. #574; 1976 Code §179-46; Ord. #1122)

 

24-11.5  Violations and Penalties.

a.     Complaints for Violations of Zoning Ordinance. Any person may file a complaint if there is any reason to believe a violation of this Chapter exists. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate.

b.     Procedures for Abatement of Violations.

1.     In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this Chapter or of any ordinance or regulation made under authority conferred hereby, the Zoning Officer or other proper official, in addition to other remedies, may request from the Business Administrator commencement of legal action in the proper forum, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use about such premises.

2.     A violation of any of these terms of this Chapter shall be abated within five (5) days, or within as reasonable time as may be determined, after written notice has been served, either by mail or personal service.

c.     Penalties. Any person, firm or corporation violating any provision of this Chapter shall, upon conviction, be subject to penalty, as stated in Chapter I, Section 1-5 of the Code of the Township of Mahwah.

        (Ord. #574; 1976 Code §179-48; Ord. #1122, §V)

 

24-11.6  Provisions Pertaining to the OP-200 Zone.

a.     Relationship to Master Plan. As required by law, pursuant to N.J.S. 40:55D-62, the Township Council finds that certain provisions to Ordinance No. 883 may not be totally consistent with the Township Master Plan or the land use plan element therein and accordingly deter-mines that the OP-200 District established is peculiarly suitable as a result of its location and prior use, for the designated uses.

b.     Interpretation. In the interpretation and the application of the provisions of this ordinance, the provisions shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this ordinance imposes greater restrictions, the provision of this subsection shall apply.

        (Ord. #574; Ord. #883; 1976 Code §179-49; Ord. #1122, §VII)

 

24-11.7  Amendments.

   All amendments to this Chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of New Jersey law. (Ord. #574; 1976 Code §179-50; Ord. #1122, §VII)

 

24-11.8  Interpretation of Provisions.

   In the interpretation and the application of the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this Chapter imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of a building, or requires larger open spaces, the provisions of this Chapter shall apply. (Ord. #574; 1976 Code §179-51; Ord. #1122, §VII)

 

 

24-12  HOUSING COMMISSION.

a.     There is hereby established a Municipal Housing Commission consisting of seven (7) members appointed by the Township Council to serve without compensation. This Commission shall not serve as a Municipal Housing Authority as defined by statute.

b.     The Commission shall consist of the Mayor, one (1) member of the Township Council, one (1) member of the Planning Board who is not a member of the Township Council, the Human Services and Affordable Housing Director, and three (3) citizens of the Municipality. The Human Services and Affordable Housing Director shall serve as the Municipal Housing Liaison for the administration of the Affordable Housing Program and enforcing N.J.A.C. 5:94-7.1 et seq. and N.J.A.C. 5:80-26.1 et seq.

c.     The terms of Commission members who are members of the Township Council or Planning Board shall be for a period of two (2) years or shall terminate at the termination of his respective term of office, whichever comes first.

d.     Reserved.

e.     The term of the Human Services and Affordable Housing Director shall be for as long as he remains Human Services and Affordable Housing Director.

f.      The terms of the citizens at large shall be for a period of three (3) years with the initial appointments being staggered terms of one (1), two (2) and three (3) years.

g.     The Municipal Housing Commission is an advisory board organized with the purpose of advising and making recommendations to the Township Council, Planning Board and other boards and agencies.

h.     The specific duties of the Municipal Housing Commission shall be:

1.     To review and comment upon any applications for development of lower income housing referred to the Commission by any other Municipal agency or department.

2.     To monitor the implementation of lower income housing development within the Municipality and to recommend Municipal action if lower income developments are not constructed or operated under the terms of approval.

3.     To evaluate the housing needs of the Municipality and the region and specifically to evaluate the existing lower income housing programs in the Municipality and to make periodic reports to the Township Council and Planning Board regarding these evaluations at least annually.

4.     To act as liaison between the Municipality and any other governmental or private agencies seeking to provide housing in the Municipality.

5.     To provide public relations, counseling and outreach services for housing opportunities within the Municipality.

6.     To recommend changes to the Planning Board and Township Council regarding modifications of the Municipal Housing Plan, Master Plan, or Land Use Regulations so as to meet the Municipal Housing Plan goals.

i.      The Commission may utilize the services of the appointed Township officials and hire a secretary.

        (Ord. #574; Ord. #851; Ord. #877; 1976 Code §179-52; Ord. #1122, §VII; Ord. #1262, §1; Ord. #1294, §VII; Ord. #1551)

 

 

24-13  AFFORDABLE HOUSING REGULATIONS.*

 

24-13.1  Purpose and Scope.

   The purpose of this section is to provide standards that pertain to the creation of low and moderate income housing units. The rules that follow shall pertain to all inclusionary developments in the ML-1 and ML-2 zones ("inclusionary developments"). This section provides standards on: the distribution of low and moderate income units; bedroom distribution; and establishing the rents and prices of low and moderate income units to be occupied as primary residences. (Ord. #1294, §VIII)

 

24-13.2  Distribution of Low and Moderate Income Units.

a.     At least half of all affordable units within each inclusionary development shall be affordable to low income households and at least half of all rental units shall be affordable to moderate income households.

b.     At least one-third (1/3) of all units in each bedroom distribution (pursuant to subsection 24-13.3 hereinbelow) shall be affordable to low income households.

        (Ord. #1294, §VIII)

 

24-13.3  Bedroom Distribution.

a.     Inclusionary developments shall be structured in conjunction with realistic market demands so that:

1.     The combination of efficiency and one (1) bedroom units is at least ten (10%) percent and no greater than twenty (20%) percent of the total low and moderate income units;

2.     At least thirty (30%) percent of all low and moderate income units are two (2) bedroom units; and

3.     At least twenty (20%) percent of all low and moderate income units are three (3) bedroom units.

b.     Low and moderate income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of senior citizen low and moderate income units within the development. The standard can be met by creating all one (1) bedroom units or by creating a two (2) bedroom unit for each efficiency unit.

        (Ord. #1294, §VIII)

 

24-13.4  Establishing Rents and Prices of Units.

a.     The following criteria, in conjunction with realistic market information, shall be used in determining maximum rents and sale prices:

1.     Efficiency units shall be affordable to one (1) person households;

2.     One (1) bedroom units shall be affordable to 1.5 person households;

3.     Two (2) bedroom units shall be affordable to three (3) person households; and

4.     Three (3) bedroom units shall be affordable to 4.5 person households.

b.     Median income by household size shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. The maximum average rent and price of low and moderate income units within the Township shall be affordable to households earning 57.5 percent of median income. Moderate income sales units shall be available for at least three (3) different prices and low income sales units shall be available for at least two (2) different prices in each inclusionary project. In averaging 57.5 percent, developers may establish one (1) rent for a low income unit and one (1) rent for a moderate income unit for each bedroom distribution.

c.     For the initial sale or rental of low and moderate income units in inclusionary projects approved by the Township Planning Board prior to July 1, 1997, the median income by household size for the region in which Bergen County is located shall be as calculated by the New Jersey Housing and Mortgage Finance Agency (NJHMFA). At such time that the regional income limits as calculated by the preceding paragraph b. equal or surpass the July 1, 1997 regional income limits as calculated by NJHMFA, then the median income calculations of paragraph b. shall apply to such "grandfathered" units. In no event shall the maximum allowable restricted sales price of a unit be lower than the last recorded purchase price.

d.     Low and moderate income units shall utilize the same heating source as market units.

e.     The initial price of a low and moderate income owner-occupied single family housing unit shall be established so that after a downpayment of five (5%) percent, the monthly principal, interest, homeowner and private mortgage insurances, property taxes (property taxes shall be based on the restricted value of low and moderate income units) and condominium or homeowner fees do not exceed twenty-eight (28%) percent of the eligible gross monthly income. Master deeds of inclusionary developments shall regulate condominium or homeowner association fees or special assessments of low and moderate income purchasers at a specific percentage of those paid by market purchasers calculated as follows:

           Square footage of the subject low or moderate income unit divided by the average square footage of market rate units within the planned residential development with the identical number of bedrooms. This regulation of fees shall not apply to master deeds filed prior to July 1, 1997.

f.      Gross rents, including an allowance for utilities, shall be established so as not to exceed thirty (30%) percent of the gross monthly income of the appropriate household size referenced in paragraph a. above. Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease. The allowance for utilities shall be consistent with the utility allowance approved by HUD for use in New Jersey.

g.     Low income housing units shall be reserved for households with a gross household income less than or equal to fifty (50%) percent of the median income approved by the Council On Affordable Housing. Moderate income housing units shall be reserved for households with a gross household income less than eighty (80%) percent of the median income approved by the Council On Affordable Housing. For example, a household earning forty-eight (48%) percent of median income may be placed in any low income unit; however, a household earning fifty-three (53%) percent may not qualify for a low income unit. A household earning sixty-seven (67%) percent of median may be placed in any moderate income housing unit. A household earning less than fifty (50%) percent of median may be placed in a moderate income housing unit. Low and moderate income units shall not be offered to households that are not income eligible without approval of the Mahwah Affordable Housing Commission and the Council On Affordable Housing.

        (Ord. #1294, §VIII)

 

24-13.5  Units Required.

a.     Developments in the ML-1 Zone District shall be required to provide one hundred (100%) percent of all dwelling units to be affordable to low and moderate income households.

b.     Developments in the ML-2 Zone District shall be required to provide twenty-two (22%) percent of all dwelling units to be affordable to low and moderate income households. This provision shall not apply to the project known as Beaver Creek/Paddington Square (Block 109, Lots 16 and 19) which has one hundred (100%) percent market rate units as a result of a Settlement Agreement in the Urban League lawsuit which provided for a monetary payment in lieu of on site construction of affordable units.

        (Ord. #1294, §VIII)

 

 

24-14  CONTROLS ON AFFORDABILITY.

 

24-14.1  Purpose and Scope.

   This section is designed to provide assurances that low and moderate income units are created with controls on affordability over time and that low and moderate income people occupy these units. To this end, the Township designates the Township of Mahwah Housing Commission (hereinafter "the Commission") with the responsibility of ensuring the affordability of sales and rental units over time. The Commission shall also be responsible for affirmative marketing; income qualification of low and moderate income households; placing income eligible households in low and moderate income units upon initial occupancy; placing income eligible households in low and moderate income units as they become available during the period of affordability controls; adopting procedural guidelines consistent with this section and with C.O.A.H. Regulations; and enforcing the terms of the deed restriction and mortgage loan. The Commission may retain a consultant to assist the Commission in certifying eligibility and reviewing sales and rental documentation. (Ord. #1294, §IX)

 

24-14.2  Placing Households in Low and Moderate Income Units.

   In placing households in low and moderate income units, the Commission shall utilize the following verification and certification procedures:

a.     Every household member eighteen (18) years of age or over who will live in the affordable unit and receives income shall be required to provide income documentation as applicable and determined by the reviewer for the Agency. This includes income received by adults on behalf of minor children for their benefit. Household members eighteen (18) years of age or over not receiving income must produce documentation of current status.

b.     Verification may include, but is not limited to, the following:

1.     Four (4) consecutive pay stubs including overtime, bonuses, or tips dated within one hundred twenty (120) days of the interview date or a letter from the employer stating present annual income figure as projected annually.

2.     A copy of regular IRS Form 1040 (Tax computation form), 1040A, or 1040EZ as applicable and State income tax returns filed for each of the three (3) years prior to the date of the interview;

3.     A letter of appropriate reporting form verifying benefits such as Social Security, Unemployment, Welfare, Disability or Pension income (monthly or annually);

4.     A letter of appropriate reporting form verifying any other sources of income claimed by the applicant such as alimony and child support;

5.     Reports that verify income from assets to be submitted by banks or other financial institutions managing trust funds, money market accounts, certificates of deposit, stocks or bonds;

6.     Evidence or reports of income from assets such as real estate or businesses that are directly held by any household member;

7.     Evidence or reports that verify assets that do not earn regular income such as non-income producing real estate or savings that do not earn interest; and

8.     A notarized statement of explanation in such form as to be satisfactory to the reviewer.

c.     Generally, sources of annual income shall be based on regular income reported to the IRS and which can be utilized for mortgage approval. Household annual gross income shall be calculated by projecting current gross income over a twelve (12) month period.

d.     Income includes but is not limited to wages, salaries, tips, commissions, alimony, regularly scheduled overtime, pensions, social security, unemployment compensation, AFDC, verified regular child support, disability, net income from business or real estate, and income from assets such as savings, certificates of deposit, money market, mutual funds, stocks and bonds and imputed income from non-income producing assets such as equity in real estate.

e.     Assets not earning a verifiable income shall have an imputed interest income using a current average interest rate on twelve (12) month certificates of deposit. Assets not earning income includes present real estate equity, boats, campers, motor homes and similar items. Applicants owning real estate must produce documentation of a market value appraisal and outstanding mortgage debt. The difference will be treated as the monetary value of the asset and the imputed interest added to income.

f.      Income from assets that have delayed earnings, such as IRA's or annuity programs shall not be included in current income until such payments are being received. However, these assets must be reported and verified.

g.     Net rent from real estate is considered income after the monthly mortgage payment including real estate taxes and insurance is deducted. Other expenses are not deductible. In addition, the equity in the rented real estate is considered an asset and will have the imputed interest income on the calculated value of equity added to income.

h.     Income does not include payments, rebates or credits received under Federal or State low income home energy assistance programs, food stamps, payments received for care of foster children, relocation assistance benefits, income of live-in attendants, scholarships, student loans, personal property such as automobiles, lump-sum additions to family assets such as inheritances, one-time lottery winnings, and insurance settlements except for additional income earned from these additions, and casual, sporadic or irregular gifts and bonuses.

i.      Standard credit information services that provide conventional credit and tenant reports may be utilized when certifying a household with required written permission from the household. An unsatisfactory credit history or credit information that demonstrates a disproportionate debt to income ratio may result in a denial of certification. Court-ordered payments for alimony or child support to another household shall be considered a regular monthly debt whether or not it is being paid regularly.

j.      Households whose total Gross Annual Income is measured at fifty (50%) percent or below fifty (50%) percent of the authorized median income guideline shall be certified as low income households and referred to units designated for low income households.

k.     Households whose total gross annual income is measured above fifty (50%) percent but below eighty (80%) percent of the authorized median income shall be certified as moderate income households and referred to units designated for moderate income households.

l.      Generally, households will be referred to units where predetermined total monthly housing costs correspond to the household's calculated ability to pay using twenty-eight (28%) percent of gross monthly income as a standard for home ownership and thirty (30%) percent of gross monthly income as a standard for rental units.

m.    At the discretion of the Agency, households may also be required to produce documentation of household composition for determining the correct unit size and the applicable median income guide.

n.     Generally, households will be referred to available units using the following standards for occupancy:

1.     A maximum of two (2) persons per bedroom;

2.     Children of same sex in same bedroom;

3.     Unrelated adults or persons of the opposite sex other than husband and wife in separate bedrooms; persons cohabitating as common law husband and wife shall be considered as a husband and wife for certification purposes; and

4.     Children not in the same bedroom with parents.

o.     A form for certification shall be prepared and signed by the Commission. Only households receiving certification shall be referred to affordable housing units.

p.     A certified household may reject two (2) prospective rental units for any reason without affecting their status on the priority list, following the third rejection of a rental unit the applicant will be dropped to the end of the eligibility list.

           A certified household may reject two (2) prospective "For Sale" units for any reason without affecting their status on the priority list, following the third rejection of a "For Sale" unit the applicant will be dropped to the end of the eligibility list.

q.     Certification for a household shall be valid for no more than one hundred eighty (180) days unless a valid sales contract or lease has been executed within that time period. In this event, certifications shall be valid until such time as the sales contract or lease is held invalid and no occupancy has occurred. Certifications may be renewed in writing at the request of a certified household for no more than an additional period of one hundred eighty (180) days at the discretion of the Commission.

r.     Households who are denied certification may make a written request for a redetermination. Households shall be required to produce additional documentation to support their claim. Households who are denied certification a second time may request a hearing by forwarding a written request to the Commission within thirty (30) days following the household's receipt of a denial notification. If a written request has not been received within the thirty (30) day time period, the ineligible determination will be final. The hearing decision shall be final.

s.     All individuals or households seeking to purchase an affordable unit must certify that it is their intention to occupy the affordable unit as their primary place of residence for at least a period of one (1) year.

           An owner may request that the Housing Commission waive the one (1) year requirement if unforeseen and/or extenuating circumstances arise after occupancy within the one (1) year period.

        (Ord. #1294, §IX)

 

24-14.3  Length of Controls.

a.     Newly constructed low and moderate income sales units shall remain affordable to low and moderate income households for an appropriate period of not less than thirty (30) years. The Commission shall require all conveyances of newly constructed low and moderate income sales units subject to the Act shall contain the deed restriction and mortgage lien adopted by the New Jersey Council on Affordable Housing (hereinafter "COAH").

b.     Low and moderate income sales units approved by the Planning Board prior to January 1, 1997 under 1987 Township of Mahwah Plan shall remain affordable to low and moderate income households for a period of not less than twenty-five (25) years. All such conveyances shall contain deed restrictions and mortgage liens required by the Township of Mahwah Housing Commission and COAH.

c.     Rehabilitated owner-occupied single family housing units that are improved to code standard shall be subject to affordability controls for at least six (6) years.

d.     Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least ten (10) years.

e.     Newly constructed low and moderate income rental units shall remain affordable to low and moderate income households for a period of thirty (30) years.

f.      Housing units created through conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to controls on affordability as delineated in paragraphs a. and e. above.

        (Ord. #1294, §IX)

 

24-14.4  General Provisions Concerning Uniform Deed Restriction Liens and Enforcement Through Certificates of Occupancy or Reoccupancy on Sales Units.

a.     A certificate of occupancy for initial occupancy of a low or moderate income sales unit shall not be issued unless there is a written determination by the Commission or its designee that the unit is to be controlled by a deed restriction and mortgage lien as adopted by COAH. The Commission shall make such determination within ten (10) days of receipt of a proposed deed restriction and mortgage lien. Amendments to the deed restriction and lien shall be permitted only if they have been approved by COAH. A request for an amendment to the deed restriction and lien may be made by the Commission, the Township or the developer.

b.     Initial occupancy of a low or moderate income sales unit shall not be permitted prior to issuance of a certificate of occupancy in accordance with paragraph a. above.

c.     A certificate of reoccupancy shall be required for any occupancy of a low or moderate income sales unit resulting from a resale. No certificate of resale shall issue unless there is a written determination by the Commission or its designee that the unit is to be controlled by the deed restriction and mortgage lien prior to issuance of a certificate of occupancy, regardless of whether the sellers had executed the deed restrictions and mortgage lien adopted by COAH upon acquisition of the property. The Commission or its designee shall make such determination within ten (10) days of receipt of a proposed deed restriction and mortgage lien.

d.     The certificate of reoccupancy shall not be required in sales for which controls are allowed to expire or in which the repayment option is being exercised pursuant to N.J.A.C. 5:93-9.4.

e.     The mortgage lien and the deed restriction shall be filed with the records office of Bergen County. The lien and deed restriction shall be in the form adopted by COAH, unless amendments have been approved by COAH, for a specific Municipality.

f.      The deed restriction, including the repayment clause, and the mortgage lien shall have priority over all mortgages on the property except for a first mortgage placed on the property by the mortgagee prior to the expiration of resale controls.

        (Ord. #1294, §IX)

 

24-14.5  Option to Buy Units.

a.     The deed restriction governing the deeds of low and moderate income units shall include an option permitting purchase of the affordable housing unit at the maximum allowable restricted sales price at the time of the first non-exempt sale after controls on affordability have been in effect on the unit for the period specified in N.J.A.C. 5:93-9.2 or Section 24-14c. The option to buy shall be available to the municipality, the Department of Community Affairs, the Commission or a qualified nonprofit as defined by COAH.

b.     All deed restrictions governing low and moderate income units shall require the owner to notify the Commission and COAH by certified mail of any intent to sell the unit ninety (90) days prior to entering into an agreement for the first non-exempt sale after controls have been in effect on the housing unit for the period specified in N.J.A.C. 5:93-9.2 or this section.

c.     Upon receipt of such notice, the option to buy the unit at the maximum allowable restricted sales price or any mutually agreeable sales price that does not exceed the maximum allowable restricted sales price shall be available for ninety (90) days. The Commission shall notify the Department of Community Affairs and COAH that the unit is for sale. If the Township exercises this option, it may enter into a contract of sale. If the Township fails to exercise this option within ninety (90) days, the first of the other entities giving notice to the seller of its initial purchase during the ninety (90) day period, shall be entitled to purchase the unit. If the option to purchase the unit at the maximum allowable restricted sales price is not exercised by a written offer to purchase the housing unit within ninety (90) days of receipt of the intent to sell, the owner may proceed to sell the housing unit (pursuant to N.J.A.C. 5:93-9.8). If the owner does not sell the unit within one (1) year of the date of the delivery of notice of intent to sell, the option to buy the unit shall be restored and the owner shall be required to submit a new notice of intent to sell ninety (90) days prior to any future proposed date of sale.

d.     Any option to buy a housing unit at the maximum allowable restricted sales price shall be exercised by certified mail and shall be deemed exercised upon mailing.

e.     The option to buy requirements contained in subsection 24-14.5a. to d. shall also apply to deed restricted low and moderate income units sold and/or rented prior to the date of this section.

        (Ord. #1294, §IX)

 

24-14.6  Municipal Option; Sales Units.

   If the Township elects to purchase a low or moderate income unit pursuant to N.J.A.C. 5:93-9.4, it may:

a.     Convey or rent the housing unit to a low or moderate income purchaser or tenant at a price or rent not to exceed the maximum allowable restricted sales price or rent provided the unit is controlled by a deed restriction in accordance with COAH regulations or an alternative approved by COAH; or

b.     If the Township purchases low income housing units, it shall maintain them as low income housing units and the unit shall remain subject to this Plan and the jurisdiction of the Housing Commission.

c.     Convey the unit at fair market value subject to the following provisions:

1.     Notify COAH of any proposed sale and sales price ninety (90) days before closing;

2.     Notify COAH of the price differential as defined in N.J.A.C. 5:93-1.3; and

3.     Deposit the price differential in an interest bearing housing trust fund devoted solely to the creation, rehabilitation or maintenance of low and moderate income housing.

d.     Money deposited in housing trust funds may not be expended until the Township submits and COAH approves a spending plan in accordance with the applicable COAH Rules at that time. Money deposited in housing trust funds shall be subject to the applicable COAH Rules at that time.

        (Ord. #1294, §IX)

 

24-14.7  State Options; Sales Units.

   When the Department of Community Affairs or Agency elects to purchase a low or moderate income unit pursuant to N.J.A.C. 5:93-9.4, it may:

a.     Convey or rent the housing unit to a low or moderate income purchaser or tenant at a price or rent not to exceed the allowable restricted sales price or rental; or

b.     Convey the unit at fair market value and utilize the price differential to subsidize the construction, rehabilitation or maintenance of low and moderate income housing within the appropriate housing region.

        (Ord. #1294, §IX)

 

24-14.8  Nonprofit Option; Sales Units.

a.     Nonprofit agencies may apply to COAH at any time for the right to purchase low or moderate income units subsequent to the period of controls on affordability provided the unit remains controlled by a deed restriction in accordance with COAH rules and regulations, or an alternative approved by COAH.

b.     Nonprofit agencies that have been designated by COAH shall be eligible to purchase low or moderate income units pursuant to N.J.A.C. 5:93-9.4 for the sole purpose of conveying or renting the housing unit to a low or moderate income purchaser or tenant at a price or rent not to exceed the allowable restricted sales price or rental. Low income units shall be made available to low income purchasers or tenants and the housing unit shall be regulated by the deed restriction and lien adopted by COAH, in accordance with COAH Rules and Regulations. The term of the controls on affordability shall be the same as those required by N.J.A.C. 5:93-9.2.

        (Ord. #1294, §IX)

 

24-14.9  Seller Option; Sales Units.

a.     An eligible seller of a low or moderate income unit which has been controlled for the period established in N.J.A.C. 5:93-9.2 or this section who has provided notice of an intent to sell may proceed with the sale if no eligible entity as outlined in N.J.A.C. 5:93-9.4(c) and 9.7 exercises its option to purchase within ninety (90) days.

b.     Subject to N.J.A.C. 5:93-9.9, the seller may elect to:

1.     Sell to a qualified low and moderate income household at a price not to exceed the maximum permitted sales price in accordance with existing COAH rules, providing the unit is regulated by the deed restriction and lien adopted by COAH in accordance with COAH rules and regulations, for a period of at least thirty (30) years; or

2.     Exercise the repayment option and sell to any purchaser at market price, providing that ninety-five (95%) percent of the price differential is paid to the Housing Commission, as an instrument of the Township, at closing.

c.     If the sale is to a qualified low and moderate income household, the Commission shall certify the income qualifications of the purchaser and shall ensure the housing unit is regulated by the deed restriction and lien required by COAH in accordance with COAH rules and regulations.

d.     The Commission shall examine any contract of sale containing a repayment option to determine if the proposed sales price bears a reasonable relationship to the housing unit's fair market value. In making this determination, the Commission shall not approve any contract of sale where there is a determination that the sales price does not bear a reasonable relationship to a fair market value. The Commission shall make a de-termination within twenty (20) days of receipt of the contract of sale and shall calculate the repayment option payment.

e.     The seller may appeal the Commission's determination by submitting written documentation requesting the Commission to recompute the repayment obligation if the seller believes an error has been made, or to reconsider a determination that a sales price does not bear a reasonable relationship to fair market value.

f.      The repayment shall occur at the date of closing and transfer of title for the first non-exempt transaction after the expiration of controls on affordability.

g.     Repayment proceeds shall be deposited in a housing trust fund (see N.J.A.C. 5:93-8.14) and may be used as per N.J.A.C. 5:93-8.15. Money deposited in housing trust funds may not be expended until the Municipality submits and COAH approves a spending plan (See N.J.A.C. 5:93-5.1(c)).

        (Ord. #1294, §IX)

 

24-14.10       Township Rejection of Repayment Option; Sales Units.

a.     The Township reserves the right to determine the most desirable means of promoting an adequate supply of low and moderate income housing and to prohibit the exercise of the repayment option and maintain controls on lower income housing units sold within the municipality beyond the period required by N.J.A.C. 5:93-9.2. Such determination shall be made by resolution of the Township Council and shall be effective upon filing with COAH and the Agency. The resolution shall specify the time period for which the repayment option shall not be applicable. During such period, no seller in Mahwah may utilize the repayment option permitted by N.J.A.C. 5:93-9.8.

b.     If Mahwah exercises the option outlined in paragraph a. above, it shall:

1.     Provide public notice in a newspaper of general circulation; and

2.     Notify the Commission and COAH of its action.

c.     The Commission shall ensure that the deed restriction on all affected housing units reflects the extended periods of controls.

        (Ord. #1294, §IX)

 

24-14.11       Continued Application of Options to Create, Rehabilitate or Maintain Low and Moderate Income Units; Sales Units.

   When a housing unit has been maintained as a low or moderate income unit after controls have been in effect for the period specified in N.J.A.C. 5:93-9.2, the deed restriction governing the housing units shall allow the Township, the State, nonprofit agencies and sellers of low and moderate income units to again exercise all the same options as provided in this section. (Ord. #1294, §IX)

 

24-14.12       Eligible Capital Improvements Prior to the Expiration of Controls; Sales Units.

a.     Property owners of single family, owner-occupied housing may apply to the Commission for permission to increase the maximum price for eligible capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household. Property owners shall apply to the Commission if an increase in the maximum sales price is sought.

b.     At resale, all items of property which are permanently affixed to the units and/or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall to wall carpeting) shall be included in the maximum allowable resale price. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price has been approved by the Commission. Unless otherwise permitted by COAH, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at resale.

        (Ord. #1294, §IX)

 

24-14.13       Subsidy to Ensure Affordability Prior to the Expiration of Controls; Sales Units.

   If the use of median income data adopted by COAH to index the cost of housing renders a unit unaffordable to a low or moderate income household at the time of resale, the Township shall not lose credit for the housing unit, provided that adequate controls on affordability remain in place, but the Township may subsidize the housing unit to maintain affordability. (Ord. #1294, §IX)

 

24-14.14       Impact of Foreclosure on Resale While Controls are in Place; Sales Units.

   A judgment of foreclosure or a deed in lieu of foreclosure to a financial institution regulated by State and/or Federal law or to a lender on the secondary mortgage market (including, but not limited to, the Federal National Mortgage Association, the Home Loan Mortgage Corporation, the Government National Mortgage Association or an entity acting on their behalf) shall extinguish controls on affordable housing units provided there is compliance with N.J.A.C. 5:93-9.14. Notice of foreclosure shall allow the Commission, the Township of Mahwah, the Department of Community Affairs, or a nonprofit entity to purchase the affordable housing unit at the maximum permitted sales price and maintain it as an affordable unit for the balance of the intended period of controls. Failure to purchase the affordable housing unit shall result in COAH adding that unit to the municipal present and prospective fair share obligation. Failure of the financial institution to provide notice of a foreclosure action to the Commission shall not impair any of the financial institution's rights to recoup loan proceeds; shall not negate the extinguishment of controls or the validity of the foreclosure; and shall create no cause of action against the financial institution. (Ord. #1294, §IX)

 

24-14.15       Excess Proceeds Upon Foreclosures; Sales Units.

   In the event of a foreclosure sale, the owner of the affordable housing unit shall be personally obligated to pay the Commission responsible for assuring affordability, any surplus funds, but only to the extent that such surplus funds exceed the difference between the maximum price permitted at the time of foreclosure and the amount necessary to redeem the debt to the financial institution, including costs of foreclosure. (Ord. #1294, §IX)

 

24-14.16       Annual Indexed Increases While Controls are in Place; Sales and Rentals.

a.     The price of an owner-occupied housing unit and the rents of affordable housing units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the Commission be lower than the last recorded purchase price. This unit may be sold for less than the maximum resale price.

b.     With the exception of rentals constructed pursuant to low income tax credit regulations, the rent of a low or moderate income housing unit shall be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed nine (9%) percent in any one (1) year. Rents for units constructed pursuant to low income tax credit regulations shall be indexed pursuant to the regulations governing low income tax credits. These provisions regarding rental increases shall apply to all rentals of low and moderate income units in the Township.

        (Ord. #1294, §IX)

 

24-14.17       Procedures for Initial Sales, Resale Prior to the Expiration of Controls and Rentals.

a.     Low and moderate income sales units shall not be of­fered to non-income eligible households at initial sale without COAH approval. Parties that petition COAH for such approval shall document efforts to sell housing units to income eligible households and shall adhere to the procedures outlined in N.J.A.C. 5:91-12.

b.     Persons wishing to sell affordable units shall notify the Commission responsible of the intent to sell. If no eligible buyer enters a contract of sale for the unit within ninety (90) days of notification, the Commis­sion shall have the option to purchase the unit for a ne­gotiated price that shall not exceed the maximum price permitted based on the regional increase in the median income as defined by HUD or other recognized standards adopted by COAH. If the Commission does not purchase the unit, the seller may apply for permis­sion to offer the unit to a non-income eligible household at the maximum price permitted. The seller shall doc­ument efforts to sell the unit to an income eligible household including a history of price reductions as part of this application. In reviewing the request, the Commission shall consider the specific reasons for any delay in selling the housing unit and the hardship to the seller in continuing to offer the affordable unit to an income eligible applicant. The inability to sell a unit for the maximum permitted resale price shall not, in itself, be considered an appropriate reason for allow­ing a housing unit to be sold to a non-income eligible household. If the request is granted, the seller may of­fer a low income housing unit to a moderate income household and a moderate income housing unit to a household earning in excess of eighty (80%) percent of median. In no case shall the seller be permitted to re-ceive more than the maximum price permitted. In no case shall a sale pursuant to this section eliminate the resale controls on the unit or permit any subsequent seller to convey the unit in full compliance with the terms of this section.

c.     Low and moderate income units that are owned at the date of adoption of this paragraph c. (adopted August 6, 2015) shall be maintained as owner occupied units and not rented, except that where such units are now rented to individuals or families certified as meeting the speci-fied income limits and the rents charged meet the re-quirements for affordability, such rentals may continue, but only so long as the families remain in the units. (Ord. #1767 § 3)

Editor's Note: Section 1 of Ordinance No. 1767 states: "Any and all sections of § 24-14.1 et seq. of the Township of Mahwah's Zoning Ordinance and Ordinance 1294 permitting the rental of affordable housing units are hereby repealed so as to be consistent with the UHAC regulations."

(Ord. #1294, §IX; Ord. #1767 § 3)

 

24-14.18       Rental Guidelines.

a.     Owners of low and moderate income rental units shall be obligated to rent the units to the certified household with the earliest date of certification as determined by the Commission, regardless of the order in which the applicants first viewed the apartment.

b.     Notwithstanding the foregoing, an owner may reject a certified tenant for one (1) or more of the following reasons:

1.     Poor credit history

(a)     Based on a credit rating report, prepared by a standard reporting agency, which shows a payment history of two (2) or more instances of over ninety (90) days or more past due within the prior twelve (12) months;

(b)     Based on a filing of bankruptcy within the last five (5) years; or

(c)      Based on a credit history that demonstrates a disproportionate debt to income ratio.

2.     Poor references from prior landlord(s) such as

(a)     Continual late payment of rent;

(b)     Destruction of apartment or common areas; or

(c)      Violation of a previous lease.

3.     The owner shall be responsible for any and all costs associated with obtaining the above referenced credit reports and/or landlord references.

c.     The occupancy of any low or moderate income affordable unit by any individual or household, other than the owner/landlord, shall constitute a landlord-tenant relationship and shall be considered to be a rental of the unit even if the owner/landlord waives the requirements of a formal lease agreement and/or rent payments.

d.     The tenancy of all affordable units are subject to the requirements of the Plan and any tenancy of low or moderate income units must be approved in advance by the Commission in accordance with the Plan.

e.     Any tenancy of a low or moderate income unit not approved by the Commission shall be a violation of the Plan.

        (Ord. #1294, §IX)

 

24-14.19       Affirmative Marketing Plan.

a.     Purpose. The Township has provided for the construction and occupancy of low and moderate units to satisfy its affordable housing fair share obligation. The affirmative marketing plan is a continuing program for a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by an individual, a developer/sponsor, Municipality and/or the Commission. The Commission shall maintain an active list of eligible buyers and renters and an active list of available low and moderate income units. The Plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township is in the housing region consisting of Bergen, Hudson, Passaic and Sussex Counties. The affirmative marketing program is a continuing program.

b.     Advertisement. All newspaper articles, announcements and requests for applications for low and moderate income units will appear in the following daily regional newspapers/publications: The Record, The Star Ledger and Jersey Journal, the Ridgewood News and the Suburban News. The primary marketing will take the form of at least one (1) press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis. The advertisement will include a description of the street address of units, general directions to housing units, the number of bedrooms per unit, the range of prices/rents, the size of units, income information, and location of applications including business hours and where/how applications may be obtained. All newspaper articles, announcements and requests for applications for low and moderate income housing will appear in the following neighborhood oriented weekly newspaper within the region: Ramsey-Mahwah Reporter.

c.     Applications. The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program: The Department of Human Services, Township of Mahwah, 300B Route 17S., Mahwah, New Jersey.

d.     Other Contacts. The following is a listing of community contact person(s) and/or organization(s) in Bergen, Hudson, Passaic and Sussex Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region: Housing Authority of Bergen County, Community Resource Council, Bergen County Human Services, Urban League, Fair Housing Council and the Board of Social Services.

e.     Random Selection. The following is a description of the random selection method that will be used to select occupants of low and moderate income housing projects. Certified households shall be chosen at random for available units by lottery system administered by the Affordable Housing Agency. Since the initial low and moderate income housing projects have been completed, applicants shall be placed on a list based upon income/household category and date of certification of eligibility.

        (Ord. #1294, §IX)

 

24-14.20       Fees.

   The Commission shall charge fees as follows:

a.     Each applicant shall pay a nonrefundable eligibility certification fee of fifty ($50.00) dollars.

b.     Determination of maximum resale price or rental charge of fifty ($50.00) dollars.

c.     The developer/owner/seller shall pay the sum of five hundred ($500.00) dollars upon closing or rental. In the event that an owner of an affordable housing unit fails to pay the five hundred ($500.00) dollar rental processing fee, the Commission shall not process any subsequent application for rental of the affordable housing unit without receiving payment of the unpaid fee and prepayment of the fee for renting the unit to a new certified eligible individual. The prepayment fee shall be held in escrow. In the event that the unit is not rented, the prepayment fee shall be returned to the owner.

d.     Failure to pay any and all fees pursuant to this section shall constitute a violation.

        (Ord. #1294, §IX; Ord. #1541, §§I, II)

 

 

24-15  DEVELOPMENT FEES.*

*Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1281, 1294, 1363, 1538 and 1562.

 

24-15.1  Purpose.

a.     Purpose.

1.     In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's ("COAH's") adoption of rules.

2.     Pursuant to P.L. 2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring, and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.

3.     This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.

b.     Basic Requirements.

1.     This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.

2.     The Township of Mahwah shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.

        (Ord. #1631, §1)

 

24-15.2  Definitions.

   The following terms, as used in this section, shall have the following meanings:

Affordable housing development shall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project, or a one hundred (100%) percent affordable development.

COAH shall mean the New Jersey Council on Affordable Housing established under the Act, which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.

Developer shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

Development fee shall mean funds paid by an individual, person, partnership, association, company, or corporation for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

Equalized assessed value shall mean the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c).

Township shall mean the Township of Mahwah.

(Ord. #1631, §1)

 

24-15.3  Residential Development Fees.

a.     Imposed Fees.

1.     For all residential developments, residential developers shall pay a fee of one and one-half (1.5%) percent of the equalized assessed value for residential development, provided no increased density is permitted.

2.     When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of six (6%) percent of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four (4) units to be constructed on a site that was zoned for two (2) units, the fees could equal one and one-half (1.5%) percent of the equalized assessed value on the first two units; and the specified higher percentage up to six (6%) percent of the equalized assessed value for the two (2) additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

b.     Eligible Exactions, Ineligible Exactions, and Exemptions for Residential Development.

1.     Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

2.     Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval.  Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

3.     Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, except that expansion of an existing residential structure which increases the living space by less than twenty (20%) percent and/or the volume of the existing structure by less than twenty (20%) percent shall be exempt from paying a development fee. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

        (Ord. #1631, §1)

 

24-15.4  Nonresidential Development Fees.

a.     Imposed Fees.

1.     Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to two and one-half (2.5%) percent of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.

2.     Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to two and one-half (2.5%) percent of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

3.     Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and one-half (2.5%) percent  shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.

b.     Eligible Exactions, Ineligible Exactions, and Exemptions for Nonresidential Development.

1.     The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the two and one-half (2.5%) percent development fee, unless otherwise exempted below.

2.     The two and one-half (2.5%) percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint,  reconstruction, renovations, and repairs.

3.     Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c.46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.

4.     A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three (3) years after that event or after the issuance of the final certificate of occupancy of the non-residential development,  whichever is later.

5.     If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within forty-five (45) days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township as a lien against the real property of the owner.

        (Ord. #1631, §1)

 

24-15.5  Collection Procedures.

a.     Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit. For nonresidential developments, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" and complete as per the instructions provided.

b.     For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated final assessments as per the instructions provided in Form N-RDF.

c.     The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.

d.     Within ninety (90) days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.

e.     The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.

f.      Within ten (10) business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

g.     Should the Township fail to determine or notify the developer of the amount of the development fee within ten (10) business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L. 2008, c.46 (C.40:55D-8.6).

h.     Fifty (50%) percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

i.      Appeal of Development Fees.

1.     A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Township. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

2.     A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation.  Pending a review and determination by the Director, which shall be made within forty-five (45) days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Township. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1 et seq., within ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

        (Ord. #1631, §1)

 

24-15.6  Affordable Housing Trust Fund.

a.     There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.

b.     The following additional funds shall be deposited in the affordable housing trust fund and shall at all times be identifiable by source and amount:

1.     Payments in lieu of on-site construction of affordable units;

2.     Developer contributed funds to make ten (10%) percent of the adaptable entrances in a townhouse or other multistory attached development accessible;

3.     Rental income from municipally operated units;

4.     Repayments from affordable housing program loans;

5.     Recapture funds;

6.     Proceeds from the sale of affordable units; and

7.     Any other funds collected in connection with the Township's affordable housing program.

c.     Within seven (7) days from the opening of the trust fund account, the Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).

d.     All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.

        (Ord. #1631, §1)

 

24-15.7  Use of Funds.

a.     The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or State standards, purchase of land for affordable housing, improvement of land to be used for affordable, housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8-7 through 8.9 and specified in the approved spending plan.

b.     Unless otherwise permitted by COAH, funds shall not be expended to reimburse the Township for past housing activities.

c.     At least thirty (30%) percent of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third (1/3) of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning thirty (30%) percent or less of median income by region.

1.     Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance,  assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.

2.     Affordability assistance to households earning thirty (30%) percent or less of median income may include buying down the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to households earning thirty (30%) percent or less of median income. The use of development fees in this manner shall entitle the Township to bonus credits pursuant to N.J.A.C. 5:96-18.

3.     Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

d.     The Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

e.     Unless otherwise permitted by COAH, no more than twenty (20%) percent of all revenues collected from development fees, may be expended on administration,  including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or and affirmative marketing program. In the case of a rehabilitation program, no more than twenty (20%) percent of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the affordable housing trust fund.

(Ord. #1631, §1)

 

24-15.8  Monitoring.

   The Township shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, and funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH. (Ord. #1631, §1)

 

24-15.9  Ongoing Collection of Fees.

   The ability for the Township to impose, collect, and expend development fees shall expire with its substantive certification on the date of expiration of substantive certification unless the Municipality has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Township fails to renew its ability to impose and collect development fees prior to the date of expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c.222 (C.52:27D-320). The Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township retroactively impose a development fee on such a development. The Township will not expend development fees after the expiration of its substantive certification. (Ord. #1631, §1)

 

 

24-16  HOUSING PLAN ENFORCEMENT AND PENALTIES.

 

24-16.1  Enforcement.

   The Zoning Officer, the Township Affordable Housing Manager and the Director of the Township Department of Human Services and Housing shall enforce the Housing Plan. (Ord. #1294, §XI; Ord. #1309, §I; Ord. #1541, §III)

 

24-16.2  Compliance.

   All the moderate and low income units in the Township of Mahwah which have been designated as such pursuant to either the Township of Mahwah Affordable Housing Plan, approved by the Township of Mahwah Planning Board, a Judgment of the Superior Court or the Council on Affordable Housing shall be rented or sold in accordance with the provisions of the Affordable Housing Plan adopted by the Township of Mahwah. (Ord. #1294, §XI; Ord. #1541, §III)

 

24-16.3  Violation.

   No person, corporation, partnership, joint venture, estate, association or their agent shall sell or rent a low or moderate income unit in violation of its designation as affordable housing. Nonpayment of fees required by this ordinance shall constitute a violation. (Ord. #1294, §XI; Ord. #1541, §III)

 

24-16.4  Administrative Procedure.

   In the event that a sale or rental has occurred which violates the Affordable Housing Plan because either the person who occupies it is not a certified low or moderate income person according to the Affordable Housing Plan or the rent or sale is in excess of the purchase price or rent or both, or if there is nonpayment of the required fees, then the unit owner shall be given notice of the violation of the Housing Plan by the Township and five (5) days to correct the violation. In the event the violation is not corrected within the period provided, then the Township or its designee shall institute proceedings in the Municipal Court of the Township of Mahwah to enforce the affordable housing restriction. (Ord. #1294, §XI; Ord. #1541, §III)

 

24-16.5  Penalties.

   Notwithstanding any other Township Code provisions for penalties, in the event that a Court determines that a seller, owner, landlord, assignee has violated the Affordable Housing Plan by either selling real property designated as low or moderate income unit to a person not certified in accordance with the Mahwah Affordable Housing Plan or at a sale price in excess of the amount allowed pursuant to the Affordable Housing Plan or rented the unit to a person who is not qualified as a low or moderate income person or charge a rental in excess of the amount of rent as provided for by the Affordable Housing Plan or both, or if there is nonpayment of required fees, then the Court shall impose a fine for the first offense of one thousand ($1,000.00) dollars for a violation of the sale/rental regulations, and the amount of the unpaid fee for a nonpayment violation, plus Court costs and as to subsequent offenses, the same fine.

   In addition, the Court shall direct an owner or landlord to make complete restitution to the occupant of the premises if it finds that the occupant had no knowledge of the violation of the Housing Plan and the actual rent charged by the seller or landlord.

   The Court shall also impose court costs in the event of a violation and may impose an imprisonment for a term not to exceed ninety (90) days. Every day that the violation continues shall be considered a separate and subsequent offense. The Court may upon the proper motion, exercise its discretion to merge separate offenses into one (1) offense. (Ord. #1294, §XI; Ord. #1541, § III)

 

 

24-17  WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS.

 

24-17.1  Purpose.

   The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antenna to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Township of Mahwah shall give due consideration to the Township of Mahwah's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (Ord. #1261, §1; Ord. #1316)

 

24-17.2  Definitions.

   As used in this section, the following terms shall have the meanings set forth below:

Alternative tower structure shall mean manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Backhaul network shall mean the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

Height shall mean when referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Preexisting towers and preexisting antennas shall mean any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(Ord. #1261, §2; Ord. #1316)

 

24-17.3  Applicability.

a.     New Towers and Antennas. All new towers or antennas in the Township of Mahwah shall be subject to these regulations, except as provided in subsection 24-17.3b. through d, inclusive.

b.     Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70') feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

c.     Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of subsections 24-17.4f. and g, absent any enlargement or structural modification or the addition of any structures.

d.     AM Array. For purposes of implementing this section, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

e.     Satellite Dish Antennas. This section shall not govern any satellite dish antennas regulated under Township Code Section 10-6.

        (Ord. #1261, §3; Ord. #1316)

 

24-17.4  General Requirements.

a.     Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Township Land Use Regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.

b.     Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

c.     Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Administrative Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Mahwah or within three (3) miles of the border thereof, including specific information about the location, height, and design of each tower. The Administrative Officer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township of Mahwah, provided, however that the Administrative Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

d.     Aesthetics. Towers and antennas shall meet the following requirements:

1.     Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

2.     At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

3.     If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

e.     Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

f.      State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

g.     Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Mahwah concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

h.     Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

i.      Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Mahwah have been obtained and shall file a copy of all required franchises with the Administrative Officer.

j.      Public Notice. For purposes of this section, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection 24-17.6e, 2, Table 2, in addition to any notice otherwise required by the Zoning Ordinance.

k.     No signs shall be allowed on an antenna or tower.

l.      Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 2417.7.

m.    Multiple Antenna/Tower Plan. The Township of Mahwah encourages and mandates the users of towers and antennas to collocate antennas. Applications for approval of collocation sites shall be given priority in the review process.

        (Ord. #1261, §4; Ord. #1316)

 

24-17.5  Permitted Uses.

a.     General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

b.     Permitted Uses. The following uses are specifically permitted:

        Antennas or towers located on property owned, leased, or otherwise controlled by the Township of Mahwah provided a license or lease authorizing such antenna or tower has been approved by the Township of Mahwah. However, the Township may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the Municipality, and shall not be governed by this section.

        (Ord. #1261, §5; Ord. #1316)

 

24-17.6  Conditional Use Permits.

a.     List of Conditional Uses. The following uses may be approved by the Approving Authority as conditional uses.

1.     Antennas on existing structures or towers consistent with the terms of paragraphs a,1(a) and (b) below.

(a)     Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office or institutional structure not located in a residential zone provided:

(1)     The antenna does not extend more than the maximum building height for the zone wherein the structure is located as fixed by subsection 24-5.2a. without the subsection 24-5.2b. exceptions;

(2)     The antenna complies with all applicable FCC and FAA regulations; and

(3)     The antenna complies with all applicable building codes.

(b)     Antennas on existing towers. An antenna may be attached to an existing tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(1)     A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Administrative Officer allows reconstruction as a monopole.

(2)     Height.

(i)      An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

(ii)     The height change referred to in paragraph a,1(b), (2)(i) may only occur one (1) time per communication tower.

(iii)    The additional height referred to in paragraph a,1(b)(2)(i) shall not require an additional distance separation as set forth in subsection 24-17.6. The tower's premodification height shall be used to calculate such distance separations.

(3)     Onsite location.

(i)      A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50') feet of its existing location.

(ii)     After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.

(iii)    A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 24-17.6e. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 24-17.6e.

2.     New Towers.

(a)     New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits pursuant to Chapter XXIV of the Zoning Ordinance, applicants for a conditional use permit for a tower shall submit the following information:

(1)     A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other Municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in subsection 24-17.6e, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Administrative Officer to be necessary to assess compliance with this section.

(2)     Legal description of the entire tract and leased parcel (if applicable).

(3)     The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(4)     The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 24-17.4c. shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(5)     A landscape plan showing specific landscape materials.

(6)     Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(7)     A description of compliance with subsections 24-17.4c–g, j, l. and m. and subsection 24-17.6d. and e. and all applicable Federal, State and local laws.

(8)     A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(9)     Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Municipality.

(10)    A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(11)    A description of the feasible location(s) of future towers or antennas within the Township of Mahwah based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(12)    A visual study depicting where, within a three (3) mile radius any portion of the proposed tower could be seen.

(13)    A statement of intent on whether excess space will be leased.

b.     Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to Chapter XXIV of the Zoning Ordinance, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit.

1.     Height of the proposed tower;

2.     Proximity of the tower to residential structures and residential district boundaries;

3.     Nature of uses on adjacent and nearby properties;

4.     Surrounding topography;

5.     Surrounding tree coverage and foliage;

6.     Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.     Proposed ingress and egress; and

8.     Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection 24-17.6c. of this section.

9.     Availability of proposed tower to other potential users.

c.     Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following (although meeting one (1), some, or all of the following shall entitle the applicant to approval):

1.     No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

2.     Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

3.     Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4.     The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

5.     The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

6.     The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

7.     The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

d.     Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:

1.     Towers must be set back a distance equal to at least one hundred (100%) percent of the height of the tower from any adjoining lot line and all non-appurtenant buildings.

2.     Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

3.     No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.

4.     The minimum tower setback from a residential zone district line and from any school and from any site designated on the Federal, State or Municipal historic register shall be five hundred (500') feet.

e.     Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:

1.     Separation from Off-Site Uses/Designated Areas.

(a)     Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(b)     Separation requirements for towers shall comply with the minimum standards established in Table 1.

TABLE 1

Off-site Use/Designated Area

Separation Distance

Residential, Public parks, schools or house of worship

200 feet or 300% height of tower whichever is greater

Vacant residentially zoned land

200 feet or 300% height of tower whichever is greater

Non-residentially zoned lands or nonresidential

None; only zoning code setbacks apply

2.     Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

 

TABLE 2   Existing Towers - Types

 

Lattice

Guyed

Monopole 75 Ft. in Height

Monopole Less Than 75 Ft. in Height

Lattice

5,000

5,000

1,500

712

Guyed

5,000

5,000

1,500

750

Monopole 75 Ft. in Height

1,500

1,500

1,500

750

Monopole Less Than 75 Ft.

750

750

750

750

f.      Security Fencing. Towers shall be enclosed by security fencing not less than six (6') feet in height and shall also be equipped with an appropriate anti-climbing device.

g.     Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required.

1.     Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

2.     In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

3.     Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

4.     Height. The maximum height of new towers shall be:

(a)     For single user, up to ninety (90') feet in height;

(b)     For two (2) users, up to one hundred twenty (120') feet in height;

(c)      For three (3) or more users, up to one hundred fifty (150') feet in height.

h.     General Requirements. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Approving Authority:

1.     If the tower or antenna is not a permitted use under subsection 24-17.5 of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in designated zoning districts.

2.     Applications for conditional use permits under this section shall be subject to the procedures and requirements of Chapter XXIV of the Township Code, except as modified in this section.

3.     In granting a conditional use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

4.     Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

5.     An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable application fee and an escrow deposit as required by the Township Code for conditional use applications.

6.     Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna are permitted as conditional uses only in the following zones. Districts: B40, B200, IP120, GI80, GI200, LOD, OP200, ORP 200, and on nonresidential lots within CED Zone and PED west of I-287.

7.     No towers or antennas shall be permitted as conditional uses in residential zone districts unless located upon property owned by the Township of Mahwah.

8.     An application fee and escrows shall be paid as required by the Township Code.

        (Ord. #1261, §6; Ord. #1316)

 

24-17.7  Buildings or Other Equipment Storage.

a.     Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

1.     The cabinet or structure shall not contain more than one hundred (100) square feet of gross floor area or be more than ten (10') feet in height. In addition, for buildings and structures which are less than forty (40') feet in height, the related unmanned equipment structure, shall be located on the ground and shall not be located on the roof of the structure.

2.     If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten (10%) percent of the roof area.

3.     Equipment storage buildings or cabinets shall comply with all applicable building codes.

b.     Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

1.     In a front or side yard provided the cabinet or structure is no greater than six (6') feet in height or one hundred (100) square feet of gross floor area and the cabinet/structure is located a minimum of seventy-five (75') feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least forty-two to forty-eight (42"-48") inches and a planted height of at least thirty-six (36") inches.

2.     In a rear yard, provided the cabinet or structure is no greater than eight (8') feet in height or one hundred twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight (8') feet and a planted height of at least forty-eight (48") inches.

3.     In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6') feet in height or an evergreen hedge with an ultimate height of eight (8') feet and a planted height of at least seventy-two (72") inches.

c.     Antennas Located on Towers. The related unmanned equipment structure shall not contain more than two hundred (200) square feet of gross floor area or be more than ten (10') feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

        (Ord. #1261, §7; Ord. #1316)

 

24-17.8  Removal of Abandoned Antennas and Towers.

   Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Township of Mahwah notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Township may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than one hundred twenty (120%) percent of the cost (as determined by the Planning Board Engineer) of such removal, grading and restoration to a state required under all applicable Township Ordinances, including but not limited to the Township Property Maintenance Code. (Ord. #1261, §8; Ord. #1316)

 

24-17.9  Existing Towers.

a.     Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in subsections 24-17.6d. and e. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 24-17.9.

        (Ord. #1261, §9; Ord. #1316)

 

 

24-18  HISTORIC PRESERVATION.

 

24-18.1  Historic Sites.

   In accordance with the Historic Preservation Plan Element of the Master Plan the following sites are designed as historic sites:

 

Site Name

Block

Lot

Location

a.

Issac Bogert House

147.02

61

640 Campgaw Road

b.

Hopper-Van Horn

17

12

398 Ramapo Valley Road

c.

Garret Garrison

25

39

988 Ramapo Valley Road

d.

Young House

150

19.07

81 Youngs Road

e.

Ramapo Reformed Church

56

65

West Ramapo Avenue

f.

Hopper Gristmill

51

8

156 Ramapo Valley Road

g.

William Stivers

18

2

345 Ramapo Valley Road

h.

Quackenbush Barn

 

 

Winters Park

i.

Crocker Mansion

21.03

1.02

Crocker Mansion Drive

j.

Masonicus School House

123

8

59 Masonicus Road

k.

Westervelt-Hosey House

123

14

3 Masonicus Road

l.

Erie RR Station Museum

58

29

142 N. Railroad Avenue

m.

Joyce Kilmer House

105

54

162 Airmount Road

n.

Fletcher House

105

123

103 Oweno Road

o.

Oldbrook/P. Messenger

61

37

49 West Airmount Road

p.

Darlington School House

19

7

600 Ramapo Valley Road

q.

Rodger Baldwin House

1

152.04

40 Stabled Way

r.

Terhune Dodge House

148

45

373 Campgaw Road

s.

Bogert House

147.02

60

636 Campgaw Road

t.

Deepdale

25

14

1174 Ramapo Valley Road

u.

Abraham Garrison

25

37

1010 Ramapo Valley Road

v.

Brown-Waite House

95

21

83 Oweno Road

w.

Valentine House

161

6

234 Forest Road

x.

Waterman House

98

42 and 43

43 Alcott Road

y.

Ellis House

86

20 and 21

40 Armour Road

z.

Erie RR Station Museum, Erie Caboose, the Wannamaker Shed

58

29

142 N. Railroad Avenue

 

(Ord. #1313, §9; Ord. #1393, §I; Ord. #1564; Ord. #1642; Ord. #1747)

 

24-18.2  Reserved.

 

24-18.3  Historic Designation Criteria.

   In considering whether an individual site, building or structure is of particular historical, archaeological, scenic or architectural significance to the Township, the County of Bergen, the State of New Jersey or the nation and reflects or exemplifies the cultural, political, scenic, economic or social history of the nation, State, or locality the Historic Preservation Commissions shall give consideration to the following criteria.

a.     That it is associated with events that have made a significant contribution to the broad patterns of our history; and/or

b.     That it is associated with the lives of persons significant in our past; and/or

c.     That it embodies the distinctive characteristics of a type, period or method of construction or that it represents the work of a master, or that it possesses high artistic values, or that it represents a significant and distinguishable entity whose components may lack individual distinction; and/or

d.     That it has yielded or may be likely to yield information important to pre-history or history.

e.     Ordinarily cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purpose, structures that have been moved from their original locations, reconstructed historic buildings properties primarily commentated in nature, and properties that have achieved significance within the past fifty (50) years shall not be considered eligible for designation as a landmark. However, such properties will qualify if they are integral parts of landmarks that do meet the criteria or if they fall within the following categories:

1.     A religious property deriving primary significance from architectural or artistic distinction or historical importance or

2.     A building or structure removed from its original location but which is significant primarily for architectural value or which is the surviving structure most importantly associated with a historic person or event or

3.     A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building associated with his productive life; or

4.     A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features or from association with historic events; or

5.     A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of the restoration master plan, and when no other building or structure with the same association has survived or

6.     A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance or exceptional importance.

7.     A property achieving significance within the past fifty (50) years, if it is of exceptional importance.

        (Ord. #1313, §9)

 

24-18.4  Historic Design Guidelines.

a.     In reviewing matters referred to it under Section 24-2, the Historic Preservation Commission shall take into consideration the following specific standards:

1.     The impact of the work proposed under an application on the subject site's historic and architectural character.

2.     The site's importance to the Township and the extent the historic or architectural interest would be adversely affected to the detriment of the public interest.

3.     The extent to which there would be involvement of textures and materials that could not be reproduced only with great difficulty.

4.     Any change of use of the structure or site involved.

b.     The following factors shall be used in determining the visual compatibility of a building, structure, or appurtenance thereof with the buildings and places to which they are visually related and shall be known as "Visual Compatibility Factors."

1.     Height. The height of the proposed building shall be visually compatible with existing or adjacent buildings.

2.     Proportion of the Building's Front Facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.

3.     Proportion of Openings within the Facility. The relationship of the width of the windows to the height of the windows in a building shall be visually compatible with the buildings and places to which it is visually related.

4.     Rhythm of Solids to Voids on Front Facade. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.

5.     Rhythm of Spacing of Buildings on Streets. The relationship of the building to the open space between it and the adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

6.     Rhythm of Entrance and/or Porch Projections. The relationship of the entrance or entrances and the porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.

7.     Relationship of Materials, Texture and Color. The relationship of materials, textures and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

8.     Roof Shapes. The roof shapes of a building shall be visually compatible with the buildings to which it is visually related.

9.     Walls of Continuity. Appurtenances of a building such as walls, open-type fencing, every green landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.

10.   Scale of Building. The size of a building, the mass of a building in relation to open spaces, and to the existing windows, door openings, porches and balconies shall be visually compatible with the existing structure of strews and places to which it is visually related.

11.   Directional Expression of Front Facade. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or non-directional character.

c.     In making its determinations and recommendations, the Historic Preservation Commission shall also take into consideration specific standards, as set forth below.

1.     Demolitions. In regard to an application to demolish a landmark, the following matters shall be considered:

(a)     Its historic, architectural, archaeological and/or aesthetic significance;

(b)     Its use;

(c)      Its importance to the Municipality and the extent to which its historical, architectural or archaeologic value is such that its removal would be determined to the public impact;

(d)     The extent to which it is of such old, unusual or uncommon design craftsmanship, texture or material that it could not be reproduced or should be reproduced only with great difficulty.

(e)     The extent to which its retention would promote the general welfare by maintaining real estate values, generating business, creating new jobs. Attracting tourists, student writers, and historical artists. Attracting new residents, encouraging study and importance in American History, stimulating interest and study in architecture and design educating citizens in American culture and heritage or making the Municipality a more attractive and desirable place in which to live.

2.     Removals Out of the Township. In regard to an application to move an historic landmark to a location outside of the Township, the following matters shall be considered:

(a)     The historic loss to the site at the original location.

(b)     The compelling reasons for not retaining landmark at its present location.

(c)      The proximity of the proposed new location to the Township including the accessibility to the residents of the Township and other citizens.

(d)     The probability of significant damage to the landmark, as a result of the move.

(e)     The applicable matters set forth in this section.

3.     Removals Within the Township. In regard to an application to move an historic landmark, to a location within the Township, the following matters shall be considered in addition to the other matters set forth in this section.

(a)     The compatibility, nature and character of the current and of the proposed surrounding areas as they related to the intent and purposes of the section.

(b)     The visual compatibility factors as set forth in this section.

         (Ord. #1313, §9)

 

 

 

24-19  WELLHEAD PROTECTION.

 

24-19.1  Statement of Findings.

   The governing body of the Township of Mahwah finds that:

a.     The groundwater underlying this Municipality is the sole-source of existing and future water supplies, including drinking water. Groundwater is stored and transmitted within bedrock and unconsolidated glacial aquifers beneath the Township. Bedrock aquifers are encountered in Precambrian igneous and metamorphic in the western portion of the Township and within Triassic-Jurassic encountered beneath the eastern portion of the Township. Glacial aquifers are present primarily but not exclusively in the Ramapo River Valley and along tributaries to the Ramapo River.

b.     The groundwater aquifers are integrally connected with, are recharged by, and flow into the surface waters, lakes and streams, which also constitute a major source of water for drinking, commercial and industrial needs.

c.     Spills and discharges of toxic or hazardous materials may contaminate or pollute groundwater supplies and related water sources.

d.     Contaminated water from any source is a detriment to the health, welfare and comfort of the residents of this Municipality, and other users of these water resources.

(Ord. No. 2017-1803 § 1A)

 

24-19.2  Purpose.

   The purpose of this section is to protect the public health, safety and welfare through the protection of the groundwater resources underlying the Municipality to ensure a supply of safe and healthful drinking water for the present and future generations of local residents, employees and the general public in this Municipality, as well as users of these water supplies outside this Municipality. Areas surrounding each public community well and public non-community well; known as Wellhead Protection Areas (WHPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well have been delineated by the New Jersey Geological Survey (NJGS). Through regulation of land use, physical facilities, placement of toxic and hazardous materials, and other related activities within these areas, the potential for groundwater contamination can be reduced and any such contamination can be more readily found and remediated before reaching a public well. The purpose of the regulations contained in this section is to protect public community wells and public non-community wells from contamination. (Ord. No. 2017-1803 § 1B)

 

24-19.3  Statutory Authority.

   The Municipality of the Township of Mahwah is empowered to regulate these activities under provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use to secure a safe and adequate drinking water supply for its residents. Under provisions of the Underground Storage of Hazardous Substances Act, N.J.S.A. 13:1D et seq., a municipality may adopt, with State approval, a municipal ordinance that is more stringent than N.J.A.C. 7:14B but is obligated to ensure the provisions of the section are not carried out in a manner that is inconsistent with N.J.A.C. 7:14B. The Board of Health of this Municipality has autonomous power granted by the State Legislature to develop this section to protect public health, safety and welfare, as set forth in the New Jersey Local Boards of Health Law, N.J.S.A. 26:3-1 et seq., and the New Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21 et seq. (Ord. No. 2017-1803 § 1C)

 

24-19.4  Definitions.

Administrative Authority – The Administrative Officer or a Municipal Land Use Board (Planning or Zoning Board), with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.

Applicant – Person applying to the Administrative Officer, a Municipal Land Use Board (Planning or Zoning Board), the Board of Health, or the Construction Office and proposing to engage in an activity that is regulated by the provisions of this section, that would be located within a regulated Wellhead Protection Area.

Aquifer – A formation, group of formations, or part of a formation that contains sufficient saturated permeable rock, sand, or gravel which is capable of storing and transmitting usable quantities of water to wells and springs.

Best Management Practices (BMP) – Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes (see subsection 24-19.8).

Contamination – The degradation of natural water quality so that the water is not suitable for human consumption.

Development -- Any construction, reconstruction, alteration of surface or structure or change in the nature or intensity of land use.

Discharge – Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective Federal or State permit, resulting in the releasing, spilling, pumping, emitting, emptying or dumping of a hazardous substance into the waters or lands of the State or into waters outside the jurisdiction of the State when damage may result to the lands, waters or natural resources within the jurisdiction of the State.

Groundwater – Water contained in interconnected pores or bedrock fractures of a saturated zone in the ground that is available for wells and springs. A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water.

Hazardous Substance – Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act) (Public Law 92-500; 33 U.S.C. 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 et seq., or “hazardous pollutant” as defined by the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.

Hazardous Waste – Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.

Maximum Contaminant Level (MCL) Maximum permissible level of a contaminant in water measured at the point of entry to the distribution system or at the free-flowing outlet of the ultimate user of a public water system or other water system to which State primary drinking water regulations apply. Any contaminant added to the water under circumstances controlled by the user, except a contaminant resulting from corrosion of piping and plumbing caused by water quality, is excluded from this definition. (New Jersey Safe Drinking Water Act N.J.A.C. 7:10)

NJDEP – New Jersey Department of Environmental Protection.

Person – Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this State, and any State, Federal or interstate agency or an agent or employee thereof.

Polluted Water – Drinking water exceeding a Federal and/or State maximum contaminant level (MCL).

Potential Pollutant Source (PPS) – An activity or land use which may contribute to contamination of a source of drinking water. For the purposes of this section Potential Pollutant Sources are defined in subsection 24-19.7.

Public Community Well – A public water supply well which services at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.

Public Non-Community Well – A public water supply well that is not a public community well and that regularly serves at least twenty-five (25) of the same persons for more than six (6) months in any given calendar year.

Sole Source Aquifer – Any drinking water aquifer upon which more than fifty (50%) percent of a population group depends and for which there is no practicable or affordable alternate water supply.

Tier 1 Wellhead Protection Area – The area of land within a WHPA from which groundwater may travel to the well within two (2) years. (See maps referenced under subsection 24-19.5.)

Tier 2 Wellhead Protection Area -- The area of land within a WHPA from which groundwater may travel to the well within five (5) years. (See maps referenced under subsection 24-19.5.)

Tier 3 Wellhead Protection Area -- That area of land within a WHPA from which groundwater may travel to the well within twelve (12) years. (See maps referenced under subsection 24-19.5.)

Time of Travel (TOT) – The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.

Wellhead – The well borehole and appurtenant equipment.

Wellhead Protection Area (WHPA) – An area described in plan view around a well, from which groundwater travels to the well and groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.

(Ord. No. 2017-1803 § 1D)

 

24-19.5  Establishment of Wellhead Protection Areas and Maps.

a.     Wellhead Protection Area Map:

1.     The delineations of Wellhead Protection Areas for public community wells and public non-community wells, which were published by the New Jersey Geological Survey and the New Jersey Department of Environmental Protection, are incorporated herein and made a part of this section. The Department of Environmental Protection will periodically update the WHPA maps and these maps, published by the New Jersey Geological Survey, will be available at the web-site; www.state.nj.us/dep/njgs/geodata/. The most recent WHPA maps available through the New Jersey Geological Survey should replace the maps used for reference in this section. A map of the Wellhead Protection Areas located within the Township of Mahwah as shown on the document entitled, “Wellhead Protection Areas for Public Community & Non-Community wells in Mahwah Township, Bergen County, New Jersey,” prepared by Boswell McClave Engineering, dated April 12, 2017 which is hereby made part of this Chapter.

2.     Wellhead Protection Areas, as shown on the maps described in subsection 19-24.5a,1, or as periodically updated and delineated by the Department of Environmental Protection and published by the New Jersey Geological Survey shall be considered to be superimposed over any other established zoning district. Land in a Wellhead Protection Area may be used for any purpose permitted in the underlying district, subject to the additional restrictions presented herein.

b.     Assignment of Restrictions within Wellhead Protection Areas: Properties located wholly or partially within a Wellhead Protection Area shall be governed by the restriction applicable to the more restrictive Wellhead Protection Area Tier, if partially within one or more Tiers.

(Ord. No. 2017-1803 § 1E)

 

24-19.6  Regulation of Wellhead Protection Areas for Public Wells.

a.     The Administrative Authority for administering the provisions of this section shall be the Administrative Officer or a Municipal Land Use Board (Planning or Zoning Board) of the Township of Mahwah.

b.     Any applicant for a permit requesting a change in land use or activity which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of the Township of Mahwah and which is located within a delineated WHPA as defined in this section, and involves a Potential Pollutant Source as defined in subsection 24-19.7, shall comply with the requirements of this section.

c.     Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this section, shall file an Operations and Contingency Plan, as required by subsection 24-19.10, with the Administrative Authority. No permit that allows a change in land use or activity, which is subject to the requirements of this section, shall be granted unless an Operations and Contingency Plan for the proposed change has been approved by the Administrative Authority. Any plan approved by the Administrative Authority shall be kept on file in the office of the Administrative Officer of the Township of Mahwah, and shall be available to the public for inspection.

d.     Any change in land use or activity that introduces a Major or Minor Potential Pollutant Source, as defined in subsection 24-19.7, shall be prohibited within a Tier 1 WHPA.

e.     Any change in land use or activity that introduces a Major Potential Pollutant Source, as defined in subsection 24-19.7, shall be prohibited within a Tier 2 WHPA.

f.      Any change in land use or activity that involves any Major or Minor Potential Pollutant Source, as defined in subsection 24-19.7, within any WHPA, that is not prohibited pursuant to subsection 24-19.6d. or e. and located within a Tier 3 WHPA shall comply with the Best Management Practice Standards, as defined in subsection 24-19.8.

g.     This section is supplementary to other laws and ordinances in this municipality. Where this section or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this section shall supersede. These Rules and Regulations shall in no way affect the limitations or requirements applicable in the underlying municipal land use and zoning districts.

h.     The use limitations noted herein shall be considered as limitations stipulated in the permitted list of uses in each zone. The activities regulated herein shall be considered limitations accessory to permitted uses in each zone.

(Ord. No. 2017-1803 § 1F)

 

24-19.7  Potential Pollutant Source Listed.

   The following are Major and Minor Potential Pollutant Sources subject to the requirements of this section. These listings are consistent with the New Jersey Safe Drinking Water Act regulations (N.J.A.C. 7:10-11.4(a)4).

a.     Major Potential Pollutant Sources include the types of facilities and land uses listed in Appendix A.

          Editor's Note: Appendix A may be found at the end of this section.

b.     Minor Potential Pollutant Sources include the types of facilities and land uses listed in Appendix B.

          Editor's Note: Appendix B may be found at the end of this section.

        The Administrative Authority of the Township of Mahwah may determine whether any other proposed change in land use or activity is of sufficient risk to the water supply to be considered a Major or Minor Pollutant Source.

(Ord. No. 2017-1803 § 1G)

 

24-19.8  Best Management Practice Performance Standards.

a.     Any applicant proposing any change in land use or activity that involves any Major or Minor Potential Pollutant Source as defined in subsection 24-19.7, which would be located either wholly or partially within any WHPA shall demonstrate that they have applied for all required State permits or control documents. No final approvals under the authority of the Municipal Land Use Law shall be issued until all required State permits or control documents are final issuance or determination. Underground storage tanks regulated at N.J.A.C. 7:14B shall also be operated in a manner consistent with N.J.A.C. 7:14B.

b.     Any new or modified activity that involves a Major or Minor Potential Pollutant Source located wholly or partially within any WHPA shall comply with and operate in a manner consistent with the following Best Management Practices:

1.     All portions or areas of a facility in which hazardous substances or hazardous wastes are stored, processed, manufactured or transferred outdoors, shall be designed so that the discharges of hazardous substances will be prevented from overflowing, draining, or leaching into the groundwater or surface waters.

2.     Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.

3.     Wherever hazardous substances are stored, processed, manufactured or transferred outdoors, the design features shall include secondary containment and/or diversionary structures which may include by not be limited to:

(a)     Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances for the duration of a spill event.

(b)     Curbing.

(c)      Gutter, culverts and other drainage systems.

(d)     Weirs, booms and other barriers.

(e)     Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collection systems.

(f)      Drip pans.

4.     Secondary containment and/or diversionary systems, structures or equipment must meet the following standards:

(a)     The system must block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the groundwater or surface waters.

(b)     The system must have sufficient capacity to contain or divert the largest probable single discharge that could occur within the containment area, plus an additional capacity to compensate for any anticipated normal accumulation of rainwater.

(c)      In order to prevent the discharge of hazardous substances into groundwater, all components of the system shall be made of or lined with impermeable materials sufficient to contain the substance for the duration of a spill event. Such material or liner must be maintained in an impermeable condition.

(d)     No manufacturing area, processing area, transfer area, dike storage area or other storage area, or secondary containment/ diversion system appurtenant thereto shall drain into a watercourse or into a ditch, sewer, pipe or storm drain that leads directly or indirectly into a surface or subsurface disposal area, unless provision has been made to intercept and treat any spilled hazardous substances in an NJDEP approved industrial wastewater or pre-treatment facility, or other NJDEP approved facility.

(e)     Catchment basins, lagoons and other containment areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.

5.     Stormwater shall be managed so as to prevent contamination of groundwater and so as to be in accordance with applicable laws and regulations of the State of New Jersey and of the Township of Mahwah.

(Ord. No. 2017-1803 § 1H)

 

24-19.9  BMP Signage and Postings.

a.     The Best Management Practices Signage utilized by regulated applicants to provide a source of continuous education to persons handling regulated substances.

1.     Locations conducting activities regulated under this section shall be required to have posted, at a minimum, the signage adopted by the Municipality to protect wellhead areas.  The signage will be posted in each of the following areas in a regulated facility or regulated well:

(a)     At hazardous material loading areas.

(b)     At drum storage areas.

(c)      On the water heater.

(d)     Above slop sinks.

(e)     In the ground floor lavatory.

(f)      On the oil furnace.

(g)     At gasoline or diesel pump areas.

(h)     At waste storage areas.

(i)      Other locations as appropriate.

2.     The signage shall be plastic, laminated and waterproof.

(Ord. No. 2017-1803 § 1I)

 

24-19.10       Operations and Contingency Plan.

a.     An applicant proposing a change in land use or activity that involves a Potential Pollutant Source, as defined in subsection 24-19.7, that would be located either wholly or partially within any WHPA shall submit an Operations and Contingency Plan to the Administrative Authority. This Operations and Contingency Plan shall inform the Administrative Authority about the following aspects of the proposal:

1.     Types of Potential Pollutant Source proposed for the site;

2.     Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site;

3.     Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into groundwater;

4.     Means to be used to remediate accidental spillage of such materials;

5.     Means to notify Administrative Authority about any accidental spillage of such materials;

6.     Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, Best Management Practices as set forth in subsection 24-19.8 to protect groundwater contamination.

b.     The Administrative Authority shall review and approve any Operations and Contingency Plan prior to final approval of the application for a land use change or activity.

c.     Any Operations and Contingency Plan submitted shall be available for public review and comment.

(Ord. No. 2017-1803 § 1J)

 

24-19.11       Enforcement.

   A prompt investigation shall be made by the Township Engineer in conjunction with the Administrative Officer of the Township of Mahwah of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Civil Part of the Superior Court, or in the Superior Court if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude a Municipality’s right, pursuant to N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any subsection of this section shall constitute a separate and distinct offense independent of the violation of any other subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense. (Ord. No. 2017-1803 § 1K)

 

24-19.12       Nonconforming Regulated Activities.

a.     An otherwise lawful usage or activity which exists at the time of the effective date of this section that does not conform to this section shall be considered an allowed nonconforming activity and may continue.

        (Editor's Note: Ordinance No. 2017-1803, codified herein, was adopted May 18, 2017.)

b.     No allowed nonconforming activity shall be expanded, enlarged or modified in any way which is deemed by the Administrative Officer of the Township of Mahwah to increase its threat to groundwater or otherwise contravene the purposes and intent of this section.

c.     In the event that an allowed nonconforming activity is stopped, suspended or abandoned for a period of twelve (12) months or longer, the activity shall permanently desist and shall be subject to the requirements of this section.

d.     Notwithstanding the foregoing, if any allowed nonconforming activity is found to pose an imminent health hazard or threat to the Municipality’s water supply, it shall be deemed a violation of this section.

(Ord. No. 2017-1803 § 1L)

 

24-19.13       Application Requirements.

a.     In addition to the standard requirements for an application for consideration of a subdivision or site plan by the Planning Board or Board of Adjustment, the applicant shall provide the following:

1.     Pre-Application Checklist. Any individual, corporation or entity applying to the Board for a well permit or approval of an individual water supply for other than residential purposes, must complete and sign a Wellhead and Aquifer Protection Checklist.

2.     Application. A Wellhead/Aquifer Protection Application will be required if an applicant indicates affirmatively that he/she will conduct one or more regulated activities on the pre-application checklist.

3.     Application Requirements. The applicant will provide the following information to the Board:

(a)     A site plan at a minimum scale of 1 inch equals 50 feet.  The plan shall show property boundaries; all potable wells on site and within one thousand (1,000) feet off site and all Wellhead Protection Areas affecting the site or within one thousand (1,000) feet of the site; all buildings on site; dry wells; septic systems; stormwater retention/detention ponds; curbs and paving; bedrock aquifer geology; the location of any regulated uses, facilities or activities identified in this section; the slope of the property toward the well(s) on site or any well off site whose interim or wellhead protection radius intersects the subject property boundary and the location of the installation of applicable Best Management Practices as defined in this section.  The applicant may utilize base maps or plans prepared for the Planning Board or other agencies.

(b)     A copy of the “Right to Know” draft filing prepared for the Fire Department which lists the quantities and names of regulated hazardous substances expected on site, or

(c)      A list of known or probable hazardous substances or toxic wastes on site and their maximum/minimum expected quantities each month (see Definitions for Hazardous Substances and Hazardous Wastes).

(d)     A copy of the applicant’s draft “Industrial Stormwater Pollution Prevention Plan” as prepared for NJDEP, if applicable.

(e)     A list of potable wells on site and within one thousand (1,000) feet off site as determined by the regulated activity, including names and addresses of the well owners and tax lot and block identifiers.

(f)      A copy of any well record for the subject site.

(g)     The completed and signed Wellhead/Aquifer Protection Checklist.

(h)     A report describing the implementation of the applicable Best Management Practices to be employed on this project, including the location of the BMP signage.

(i)      Bind and submit all of the information listed above in report format including a site map.  Upon approval of this application, a copy of the final report will be filed with the Administrative Officer.

(Ord. No. 2017-1803 § 1M)

 

 

APPENDIX A

(Subsection 24-19.7a.)

 

Types of Facilities or Uses That Are Deemed to Be Major Potential Pollutant Sources

 

1.     Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills.

2.     Collection and transfer facility for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials.

3.     Any use or activity requiring the underground storage of a hazardous substance or waste and regulated by NJDEP under provisions of the Underground Storage of Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.), which includes farm or residential underground storage tanks of motor fuel for noncommercial purposes with a capacity greater than 1,100 gallons.

4.     Above-ground storage or treatment facility for a hazardous substance or waste with a cumulative capacity greater than 2,000 gallons.

5.     Underground heating oil storage for on-site consumption with a capacity greater than 2,000 gallons.

6.     Unlined retention/detention pond that receives stormwater discharge from a highway.

7.     Industrial or sanitary wastewater treatment plant.

8.     Pipeline, except natural gas.

9.     Automotive service center (repair & maintenance), car or truck washing facility, truck, bus, or locomotive maintenance yard or terminal.

10.   Petroleum refinery, bulk station, terminal, or fuel dispensing or loading facility.

11.   Road salt storage facility.

12.   Site for storage and maintenance of heavy construction equipment and materials.

13.   Junkyard, auto recycling, scrap metal, or scrap industry facility.

14.   Resource Conservation Recovery Act (RCRA) treatment, storage, and disposal facility.

15.   Toxic Catastrophe Prevention Act facility.

16.   Solid waste recovery facility (SWRRF), solid waste transfer facility (SWE), or Class B recycling facility.

17.   Disinfecting and pest control service.

18.   Solvents recovery service.

19.   Industrial or commercial laundry, dry cleaner, or carpet/upholstery cleaner.

20.   Quarry and/or mining facility.

21.   Textile mill with finishing operations (dyeing, coating, etc.) or leather tanning and finishing.

22.   Manufacturing, repair or product processing facility using hazardous substances for wood preserving, reconstituting wood products, furniture, or fixtures with metal finishing.

23.   Manufacturing or processing facility for inorganic chemicals, alkalis, chlorine, industrial gases, inorganic pigments, plastic materials, synthetic resins, pharmaceuticals, soaps, detergents, paints, gum and wood chemicals, industrial organic chemicals, pesticides and agricultural chemicals, photographic chemicals, adhesives, sealants, rubber or plastic.

24.   Steel mill.

25.   Metal foundry, smelter, forging, fabricating, plating, coating, or finishing facility.

26.   Manufacturing, assembly or packing of ordinance with explosive load.

27.   Manufacturing or processing facility for electronic equipment, carbon and graphite products, cathode ray tubes, printed circuit boards, semiconductors, electronic crystals, controlling instruments or batteries.

28.   Manufacturing or processing facility for transportation equipment or ship building.

29.   Repair shop with metal finishing.

30.   Pulp, paper, and paperboard mill.

31.   Printing and publishing facility (except digital facilities).

32.   Weapons testing grounds.

33.   Military facility.

34.   Electrical power plant or substation.

35.   Research organization using hazardous substances.

36.   Cemetery or funeral home or such facilities with embalming facilities.

37.   Site for storage and maintenance of equipment and materials for landscaping.

38.   Livestock operation.

39.   Agricultural use that does not use NJDEP approved Best Management Practices for agricultural chemical bulk storage, mixing or loading, including crop dusting or spraying.

40.   Nursery that does not use NJDEP approved Best Management Practices.

41.   Golf course that does not use NJDEP approved Best Management Practices.

(Ord. No. 2017-1803 App. A)

 

 

APPENDIX B

(Subsection 24-19.7b.)

 

Types of Facilities or Uses That Are Deemed to Be Minor Potential Pollutant Sources

 

1.     Underground storage of hazardous substance or waste of less than 50 gallons.

2.     Underground heating oil storage tank for on-site consumption with a capacity of less than 2,000 gallons.

3.     Farm or residential underground storage tanks used for storing motor fuel for noncommercial purposes with a capacity of 1,100 gallons or less.

4.     Sanitary sewer system, including sewer line, manhole, pump station within 100 feet of a regulated well. (See conditions below.)

5.     Industrial waste line (See conditions below.)

6.     Septic leaching field.

7.     Facility requiring a groundwater discharge permit issued by the NJDEP pursuant to N.J.A.C. 7:14A et seq., unless required for remediation of a contaminated site.

8.     Stormwater retention-recharge basin.

9.     Dry well (See conditions below).

10.   Storm water line within 100 feet of a regulated well. (See conditions below.)

11.   Above-ground storage of hazardous substance or waste in quantities of less than 2,000 gallons.

12.   Any “industrial establishment” facility subject to the rules of the Industrial Site Remediation Act (N.J.A.C. 7:26B) and listed in Appendix A that is deemed by the Administrative Authority of the Township of Mahwah to be of sufficient risk to the water supply to be considered a Minor Potential Pollutant Source.

Conditions:

a.     Sanitary sewer lines, industrial waste lines and storm water lines may be located within 100 feet of a regulated well, only if they are constructed of watertight materials and joints and provided with suitable corrosion protection.

b.     Manholes and/or connections to a sanitary sewer system are prohibited within 100 feet of a regulated well.

c.     Dry wells dedicated to roof runoff and serving residential properties or commercial or industrial properties not listed in Appendix A are permitted in any tier may not be located within 100 feet of a regulated well.

d.     Above ground heating oil storage tanks, 2,000 gallons or less, shall be permitted in any tier subject to approval by the Administrative Authority of containment provisions in accordance with subsection 24-19.8 herein and shall not be located within 100 feet of a regulated well. The new above ground tank and containment measures as specified herein shall be exempt from impervious coverage requirements for the zone. The above ground containment volume shall be at least as large as required to contain a spill of the contents of an above ground tank. The above ground tank is permitted within any side or rear yard but shall conform to the minimum setback requirement for accessory structures. The above ground tank site shall also include fencing or landscaping sufficient to provide a screen of the proposed above ground tank and containment apparatus from adjacent properties.

e.     An above ground fuel storage tank for emergency electrical generators with maximum fuel storage capacity of 2,000 gallons or less shall be permitted in any Tier subject to approval by the Administrative Authority of containment provisions in accordance with subsection 24-19.8 herein and shall not be located within 100 feet of a public community or public nontransient noncommunity well.

(Ord. No. 2017-1803 App. B)

 

 

 

 

 

 

SCHEDULE OF DISTRICT USE REGULATIONS

 

(click here for schedule)

 

 

 

 

 

ZONING SCHEDULE OF AREA, BULK AND YARD REQUIREMENTS

 

(click here for schedule)

 

 

 

 

 

SCHEDULE OF AREA, YARD AND BULK CONTROLS FOR PLANNED RESIDENTIAL DEVELOPMENTS

 

(click here for schedule)

 

 

 

 

 

SCHEDULE OF AREA, BULK AND YARD REQUIREMENTS FOR C-200 CONSERVATION DISTRICT

 

TOWNSHIP OF MAHWAH

 

 

C-200

 

Minimum Lot Size (square feet)                             200,000

Minimum Lot Width (feet)                                           300

Minimum Lot Depth (feet)                                           400

Maximum Lot Coverage (percent)                                   5

Maximum Improved Lot Coverage (percent)                 15

Maximum Building Height:

            Feet                                                                  35

            Stories                                                           2 1/2

Minimum Yard Requirements: (feet)

            Front                                                                75

Side:

            One                                                                   50

            Both                                                                100

            Rear                                                                  75

(Ord. #955, §5; Ord. #1000, §II, §III)

 

 

 

 

 

SCHEDULE OF PERMITTED SIGN REGULATIONS

 

(click here for schedule)

 

 

 

 

ZONING MAP

 

Click here for May 13, 2014, Zoning Map

(Subsection 24-3.2)

 

 



[1]Editor's Note: The schedule is included at the end of this Chapter.

[2]Editor's Note: Schedule is included at the end of this Chapter.

1Editor's Note: Ordinance No. 1122 provided for the repeal of subsection 24-11.4, Planning Board Review of Applications and Appeals which contained portions of Ordinance No. 574 and prior Code §179-47. Ordinance No. 1122 also provided for the renumbering of former subsections 24-11.2 and 24-11.3 to current subsections 24-11.3 and 24-11.4.

*Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 851 and 1091.

CHAPTER XXIV ZONING
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