Conference/Public Meeting Agendas/Documents — Packet

f 9:00 p.m. and 7:00 a.m. without being completely housed in a garage. (b) Nothing herein shall be deemed to prohibit the parking or storing of a trailer, semitrailer, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels on property in any district while it is being used in the transaction of business with the owner or occupant of the property. In no event shall the time period authorized by this subsection exceed four (4) hours. (c) The provisions of this subsection shall not apply to any vehicle parked or stored for the purpose of installing, maintaining or performing public utility services. (d) Enforcement and Penalty. (1) Enforcement of the provisions of these regulations shall be the joint responsibility of the Zoning Officer and/or the Police Department. (2) Any person, firm, partnership, association, corporation or other entity convicted of violating these regulations shall be liable to a fine of fifty ($50.00) dollars for each such violation and each day in which such violation continues shall constitute a separate violation or offense. In addition to the foregoing remedies the Township Attorney may maintain an action in any court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of these regulations. b. In Residential Districts. 63

DRAFT PROPOSED REVISIONS – OCTOBER 2011 1. Private garages and parking areas shall be utilized only as an accessory to the main principal use, except that one (1) parking space in a private garage accessory to a dwelling may be rented to a person who is not a resident of the main building. 2. Not more than thirty (30%) percent of the area of a minimum required front yard, rear yard or side yard shall be used as a parking area. For Senior Citizens Projects not more than sixty-five (65%) percent of the area of the minimum required front yard, rear yard or side yard shall be used as a parking area. 3. No commercial vehicle as defined in subsection 7-4.10a25-4b, pickup truck, truck, van or equipment related thereto, shall be parked or stored in any residential district between 9:00 p.m. and 7:00 a.m. unless the following conditions are satisfied: (a) If there is a garage on the premises into which the vehicle fits in its stripped down fashion (i.e. without accessories), the vehicle must be parked or stored in the garage with the doors closed. (b) If the premises has a garage into which the commercial vehicle fits in its stripped down fashion, there cannot be another ungaraged commercial vehicle on the premises. (c) If the residence is multi-family, there can by only one (1) ungaraged commercial vehicle per property provided however that all commercial vehicles that can fit in a garage in their stripped down fashion must be parked or stored in a garage if the premises has a garage. In a multi-family residence, the property owner shall designate in writing the sole permitted commercial vehicle. (d) If the vehicle is permitted by this section to be parked outside of a garage, all removable equipment such as pipes, pipe racks, ladders and all racks and equipment must be removed from the vehicle when parked and unexposed to public view. (e) If the vehicle is permitted by this section to be parked outside of a garage, any signage or commercial markings that are permanently affixed to the vehicle must be covered with a blank metallic cover that is the same color as the body of the vehicle when the vehicle is parked. (f) If the vehicle

anently affixed to the vehicle must be covered with a blank metallic cover that is the same color as the body of the vehicle when the vehicle is parked. (f) If the vehicle is permitted by this section to be parked outside of a garage, any signage or commercial markings, such as magnetic lettering, that is not permanently affixed to the vehicle must be removed when the vehicle is so parked. (g) Any vehicle that does not fit within a garage as per paragraph a., may be parked in the driveway on the premises in the area of the driveway which is least visible from the nearest adjacent street or roadway. (h) Any vehicle permitted to be parked outside a garage by this section must have a single axis chassis body with not more than four (4) wheels, it shall not be more than twenty (20) feet long and seven (7) feet high and shall not exceed six thousand (6,000) pounds registered gross vehicle weight. (i) The vehicle must be owned and/or operated by a Township resident who is the property owner or tenant who actually resides at the property. (j) Exception. Nothing herein shall be deemed to prohibit the parking or storing of a commercial vehicle, or equipment related thereto, in a residential district while it is being used in the transaction of business with the owner or occupant of any residential property or is in the area for the purpose of installing, maintaining or performing public utility services. 64

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (k) Enforcement. Enforcement of these regulations shall be the joint responsibility of the Zoning Official or the Planning Director's designee and/or the Police Department. Both the vehicle owner and property owner/ occupant may be found responsible under this paragraph b,3. (l) Exemption. The Zoning Official or the Planning Director's designee shall grant an exemption, to any resident who provides proof of the following: (1) That the commercial vehicle is properly registered and meets all the requirements of the State of New Jersey including all appropriate weight and other restrictions. (2) That the appearance of the commercial vehicle is clean, free of all graffiti, exterior is finely finished, and all other criteria set forth in paragraphs (d), (e), (f), (i), (j) are met. (3) That the size of the driveway is sufficient or appropriate to permit the storage of the commercial vehicle. The driveway must be of sufficient size to permit the commercial vehicle to be parked with three (3) feet of paving on each side and at least twenty (20) feet from the sidewalk, if applicable, and/or the street whichever is further. The driveway shall be in good condition. (4) That no other housing, health or other violations of the Township Ordinances and other laws exist. (5) Show an inability to find alternate parking for the commercial vehicle. (6) The exemption shall only be available for one (1) commercial vehicle per residence and shall be approved for the particular vehicle only. (7) In granting the exemption, the Zoning official or the Planning Director's designee may impose such reasonable provisions or restrictions as he or she deems necessary and appropriate. (8) Upon issuance of an exemption and payment of a permit fee of fifty ($50.00) dollars per year, a sticker shall be affixed to the exempted vehicle's rear bumper and may not be transferred to any other vehicle without Zoning Board approval. (m)

s per year, a sticker shall be affixed to the exempted vehicle's rear bumper and may not be transferred to any other vehicle without Zoning Board approval. (m) Violation. Any person, firm, partnership, association, corporation or other entity convicted of violating these regulations shall be liable to a fine of up to one thousand two hundred fifty ($1,250.00) dollars for each such violation and each day in which such violation continues shall constitute a separate violation or offense. In addition to the foregoing remedies, the Township Attorney may maintain an action in any court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of these regulations. 4. Interior roadways or access drives leading to off-street parking facilities in multiple family developments shall be designated fire lanes and no parking shall be allowed. 5. The parking of house, tent and utility trailers, campers, boats, motor homes and other vehicles, notwithstanding any other provision of this chapter, is expressly prohibited in any place in front yard or side front yardof a line extending from the rear of the main structure perpendicular to the lot line. In any event vehicles may not be parked or stored for more than a period of forty-eight (48) hours unless owned or leased by the property owner. Portable storage containers shall only be permitted in accordance with the requirements of Section 25-9.11. 6. No tow truck, flat bed truck, or construction equipment may be parked or stored on property in any residential district. 65

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (a) Exceptions. Nothing herein shall be deemed to prohibit the parking or storing of a tow truck, flat bed truck or construction equipment on property in any district while it is being used in the transaction of business with the owner or occupancy of the property or when such vehicle has been summoned to the property by the Police Department. In no event shall the time period authorized by this subsection exceed four (4) hours. (b) Enforcement; Penalty. (1) Enforcement of the provisions of these regulations shall be the joint responsibility of the Zoning Officer and/or the Police Department. (2) Any person, firm, partnership, association, corporation or other entity convicted of violating these regulations shall be liable to a fine of fifty ($50.00) dollars for each such violation and each day in which such violation continues shall constitute a separate violation or offense. In addition to the foregoing remedies the Township Attorney may maintain an action in any court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of these regulations. c. A parking area may be situated in whole or in part on the roof of the main building to which it is accessory providing the parking area is properly and adequately screened. (Ord. No. 904-88 § 25-5.6D; Ord. No. 1217-93; Ord. No. 1219-93; Ord. No. 1227-93; Ord. No. 1347-95 §§ 1—4; Ord. No. 1795-01 § II; Ord. No. 1963-04 § I) 25-12.5 Nonapplicability to Existing Buildings and Uses. The provisions of subsection 25-12.3 and 25-12.4 shall not apply to any building or use in existence on January 25, 1978 whether continued as a permitted or a nonconforming use, or thereafter converted or changed to a different lawful use. (Ord. No. 904-88 § 25-5.6E) 25-13 ENVIRONMENTAL IMPACT STATEMENTANALYSIS. 25-13.1 General Provisions. The environmental impact generated by a land development project necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to

ral Provisions. The environmental impact generated by a land development project necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize those problems. This constitutes an environmental impact statement. In evaluating the environmental impact, the Planning Board and the Zoning Board shall not approve any submission until it determines and finds that the proposed development: a. Will not result in appreciable harmful effects to the environment. b. Has been designed and conceived with a view toward the protection of the regional resources. c. Will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals. In order to accomplish these goals, the Board shall condition any approval upon the implementation of those performance controls deemed necessary to assure the protection of the environment. Any approval shall also be conditioned upon the receipt of licenses, permits or other approvals required by law. Those factors outlined in subsection 25-13.4e. along with supplemental requirements adopted by the Board shall be used to determine the environmental performance controls that are necessary. (Ord. No. 904-88 § 25-5.7A) 66

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-13.2 General Requirements. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site and the location of the project. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document are listed as follows: a. Site plan applications for single family detached dwellings on existing lots of record Any application for a single one-family or two-family home, whether a new dwelling or a modification to an existing dwelling, is are specifically exempt from the environmental impact statement requirements. In addition, all minor subdivisions and site plans that will not result in potential new construction or alteration to the site shall be exempt. b. A preapplication conference shall be held with the Planning Director and a representative of the Environmental Commission to determine the content of the environmental impact statement as outlined in subsection 25-13.4 along with any supplemental guidelines adopted by the Board. Waivers of specific environmental impact statement requirements or of preparation of an environmental impact statement shall be appealed to the Board. c. When the environmental impact statement is prepared by an individual other than the applicant, the credentials and expertise of that individual shall be submitted with the environmental impact statement. All applicable material on file in the office of the West Orange Department of Planning and Development pertinent to local conditions shall be consulted. Any additional material pertinent to the evaluation of potential regional impacts shall also be considered. Furthermore, as much original research as necessary shall be conducted to develop a comprehensive environmental impact statement. d. Twenty (20) copies of each environmental impact statement shall be submitted with the appropriate development application. One (1) copy of the environmental impact statement shall be forwarded to the Environmental Commission for review and comment. The Environmental Commission shall submit its comments expeditiously to the Board. Four

mental impact statement shall be forwarded to the Environmental Commission for review and comment. The Environmental Commission shall submit its comments expeditiously to the Board. Four (4) copies of the environmental impact statement shall be circulated among the municipal departments that participate in the application review process. The remaining copies shall be retained by the Department of Planning and Development and the Planning Board members or Zoning Board members, and shall be made available for review and comment. e. The environmental impact statement shall consist of written and graphic materials which will clearly present the information that is required. The scale of all maps shall be one (1) inch equals fifty (50) feet, unless the Planning Director and/or Board agree to another scale. Contours, when required, shall be provided at two (2) foot intervals for slopes of less than ten (10%) percent and at five (5) foot intervals for slopes ten (10%) percent or greater. (Ord. No. 904-88 § 25-5.7B) 25-13.3 Applicabilitytion Types. a. All proposals for development shall obtain all required approvals and permits pertaining to environmental protection from the Township of West Orange, County of Essex, State of New Jersey and other entities, including, but not limited to, regulations for air quality, floodplains, natural features and habitats, soil conservation and protection, steep slopes, stormwater, stream corridors, sewage, and wetlands, and address all applicable environmental requirements of the development application procedures in Section 24-51 and the application checklists.All minor subdivision applications and preliminary or final site plan applications, consisting of less than five (5) acres, shall be accompanied by an environmental impact statement, except as set forth in subsection 25-13.2. The information required shall be presented in a concise report, of not more than ten (10) pages, unless environmentally 67

DRAFT PROPOSED REVISIONS – OCTOBER 2011 sensitive areas are involved, the report shall be supplemented with additional graphic and explanatory material. Environmentally sensitive areas in West Orange include, but are not limited to: 1. Streams, corridors and floodplains 2. Streams and water bodies 3. Wetlands 4. Slopes greater than twenty (20%) percent 5. Erodible soils 6. Aquifer recharge areas 7. Unique natural features and habitats Comment [PG57]: clarified regulations and made more predictable b. All preliminary and final major subdivision applications and preliminary and final site plan applications, consisting of five (5) acres or more, shall be accompanied by an environmental impact statement. The information required shall be determined by the Planning Board or Zoning Board in consultation with the Planning Director and a representative of the Environmental Commission. c. Any use variance application not involving a site plan or subdivision applicationrequiring a variance pursuant to N.J.S.A. 40:55D-70d may be required, at the discretion of the Zoning Board, to be accompanied by an environmental impact statement. The information required shall be determined by the Zoning Board in consultation with the Planning Director and a representative of the Environmental Commission. (Ord. No. 904-88 § 25-5.7C) 25-13.4 Format. When an environmental impact statement is required, the following format shall be utilized and the information requested shall be provided. a. Project Description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be considered and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the