Conference/Public Meeting Agendas/Documents — Packet

ffic congestion. d. Provision shall be made for adequate and suitable planting and screening in buffer zone, pursuant to subsection 25-11.15. e. Provision shall be made for adequate and suitable planting and screening within the property adjacent to any street lines which bound the property, which screening and planting should be an appropriate mixture of evergreen and deciduous plant material so as not to conceal the buildings from the street. Furthermore, no plantings are to be located in the exit driveways which would interfere with the motorists' line of sight. f. Provision shall be made in the preliminary site and building plans for truck loading bays, which shall be enclosed entirely within the building, including interior truck service areas and driveways, and which shall be provided with entry and exit driveways for trucks on the rear facade of the building, i.e., on the side opposite from the principal public entrance. g. Provision shall be made in the preliminary site plan for the general landscaping of all areas not specifically assigned to buildings, streets, private driveways and parking areas, and for the screening of parking areas and landscaping thereof as provided in subsection 25-12.1 between abutting lanes of parking spaces; all of which landscaping shall be compatible with landscaping standards that are customary for a residential estate type of development. h. Indoor Storage and Loading. In an O-R District, no visible display of waste, trash or scrap and no open storage of material of any kind shall be permitted and in such districts provision shall be made for properly enclosed truck loading areas and bays entirely within the structure. 36

25-11.8 Roof Equipment. Roof equipment including but not limited to elevator towers, air conditioning units, satellite dishes, and similar equipment in any zoning district other than single family shall be screened with either a solid or decorative shield. Such equipment should be located in the center of the roof when possible. No roof equipment shall exceed fifteen (15) feet in height. (Ord. No. 904-88 § 25-5.5M) 25-11.9 P-C District. a. Indoor Storage and Loading. In a P-C district, no visible display of waste, trash, scrap or material of any kind shall be permitted except that items offered for sale may be displayed in accordance with an overall plan to be included as part of the preliminary site plan, and in such districts provisions shall be made for properly enclosed truck loading areas and bays located entirely within the structure. b. Shopping Centers. There shall be only one grouping of free standing signs identifying various businesses within the center. Individual standing signs are prohibited. (Ord. No. 904-88 § 25-5.50) 25-11.10 Sidewalk Cafes in the B-1 and B-2 Districts. Sidewalk cafes shall be permitted subject to the standards and conditions of Section 5-10 of Chapter V, General Licensing, of the Revised General Ordinances of the Township of West Orange and in conjunction with the following conditions: a. Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area as defined by Township fire regulations. b. Adequate sidewalk access (at least four (4) feet) must be maintained for easy passage of pedestrians on any public sidewalk or right-of-way. c. Some form of formal space delineation, such as a removal fence, may be required during cafe business hours to define sidewalk space from cafe space. d. Outdoor or patio type furniture must be used; upholstered furniture is prohibited. e. Street furniture (seating, tables, fencing, etc.) must be moved into the serving establishment when the outdoor cafe is not open for business. f. Cleanliness of the outdoor serving area is the responsibility of the serving establishment. g. Signage, in addition, to that permitted for the serving establishment pursuant to Section 25- 15, is prohibited. h. All proposed

area is the responsibility of the serving establishment. g. Signage, in addition, to that permitted for the serving establishment pursuant to Section 25- 15, is prohibited. h. All proposed sidewalk cafes shall be subject to review and approval of the West Orange Planning Board Technical Review Subcommittee (TRS). i. A sketch showing the proposed location of tables, chairs and umbrellas shall be prepared and submitted to the Director of Planning and Development for approval prior to the use of the sidewalk area. j. The use of the described locations shall be authorized by a sidewalk cafe permit issued by the Director of Planning upon compliance by the applicant with the requirements of this paragraph and the payment of an annual fee of fifty ($50.00) dollars. k. Any permit issued by the Director of Planning shall designate the hours of operation of any sidewalk cafe but in no event may a sidewalk cafe remain open after 11:00 p.m. on Sunday through Thursday or after 12:00 midnight on Friday, Saturday and legal holidays. 37

l. Nothing herein shall be deemed to be a waiver of the provisions of any health and/or licensing ordinance regulating the operation of a sidewalk cafe. (Ord. No. 904-88 § 25-5.5Q; Ord. No. 1166-93) 25-11.11 Outdoor Sales. a. It shall be unlawful for any person, firm, corporation, merchant, club, association, group, charitable institution or organization to conduct an outdoor sale as defined herein within any business or commercial zone district without first having obtained a permit from the Zoning Officer for that purpose as hereinafter provided: 1. An application for a permit to conduct an outdoor sale shall be made at least fifteen (15) days prior to the sale, and shall be issued for not more than three (3) consecutive days. No person or entity shall be entitled to more than three (3) permits during a twelve (12) month period. Appropriate provisions for alternate days because of inclement weather shall be made at the time of application for the permit. No applicant, who has already been issued a permit shall be issued a permit for a period to commence within fifteen (15) days of the termination of any previously issued permit to that applicant for a particular location. The following information shall be provided and filed with the Zoning Officer prior to the issuance of a permit: (a) The name, address and phone number of the person, firm, corporation, club, association, group, charitable institution or organization conducting the sale. (b) The name, address and phone number of a designated "contact person." This person will be contacted if there are any violations of this subsection during the sale. The contact person shall sign the application. (c) The name and address of the owner of the property on which the sale is to be conducted, together with the consent in writing by the owner. (d) The location and times of such sale. (e) The date or dates of the sale. (f) An affirmation or sworn statement by the person signing that the information given is true and correct. 2. The fee for a permit for an outdoor sale for a commercial or any for profit

rmation or sworn statement by the person signing that the information given is true and correct. 2. The fee for a permit for an outdoor sale for a commercial or any for profit organization shall be one hundred ($100.00) dollars. The fee for a permit for a bona fide not for profit organization or charity shall be twenty-five ($25.00) dollars. If more than one (1) person, firm, corporation, merchant, club, association, group, charitable institution or organization is participating in the sale, each participant shall pay a permit fee. Each permit shall be posted so as to be at the location, and for the duration, of the sale. 3. No street or vehicle right-of-way within the confines of the location of the sale shall be blocked or obstructed by any merchandise offered for sale. A three (3) foot passageway for pedestrians on public sidewalks shall be left open, and merchandise shall be securely and adequately placed so that it will not endanger passersby. Such sales shall not be operated in any manner which would cause a nuisance or create a fire hazard. 4. Outdoor sales shall be conducted only in commercial and business zoning districts and only between the hours of 9:00 a.m. and 9:00 p.m., exclusively of set up and disassembling time. 5. Any signage specifically for the outdoor sale shall require a temporary sign permit which shall be in effect only for three (3) days prior to, and the days of, the permitted sale and any signage shall comply with the rules and regulations regarding signage in the Land 38

Use Regulations for the Township, and shall be removed within twenty-four (24) hours after the end of such permit. 6. The following persons and sales shall be excepted from this subsection: Persons selling goods according to an order or process of a court of competent jurisdiction; persons acting in accordance with their duties and powers as public officials; those conducting "garage sales" in residential zones in accordance with the "Garage Sale Ordinance." 7. If food or food stuffs will be sold, an additional permit therefor shall be obtained from the Township Health Department. 8. This subsection shall be enforced by the Zoning Officer or his or her designee and the Police Department. It shall be the duty of the Zoning Officer and/or Police Department to investigate any possible violations of this subsection. It shall also be the duty of all departments, officers and employees of the Township to bring to the attention of the Zoning Officer any violations of this subsection of which they become aware. 9. The holder of a permit and any agents, servants or employees of the holder shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. 10. Any person, firm, corporation, merchant, club, association, group, charitable institution or organization who shall violate any of the terms or regulation of this subsection may have their permit summarily revoked by the Zoning Officer. In addition, any person, firm, corporation, merchant, club, association, group, charitable institution or organization conducting any such outdoor sale or similar activity without having the necessary permit or who shall violate any of the terms or regulations of this subsection shall also, upon conviction of any violation thereof, be fined not more than one thousand ($1,000.00) dollars for each violation. Each day, or part thereof, during which a sale without the required permit or in violation hereof shall continue, shall be considered a separate violation. 11. The Township Council may in its discretion designate Township wide or area wide celebration days during

tion hereof shall continue, shall be considered a separate violation. 11. The Township Council may in its discretion designate Township wide or area wide celebration days during which an outdoor sale may be held and such sale shall not be subject to the limitations of paragraph 1. of this subsection. (Ord. No. 1317-95 § 1) 25-11.12 Outdoor Seasonal Sales. a. It shall be unlawful for any person, firm, corporation, merchant, club, association, group, charitable institution or organization to conduct an outdoor seasonal sale as defined herein without first having obtained a permit from the Zoning Officer for that purpose as hereinafter provided: 1. An application for a permit to conduct an outdoor seasonal sale shall be made at least fifteen (15) days prior to the sale, and shall be issued for not more than forty-five (45) consecutive days. The following information shall be provided and filed with the Zoning Officer prior to the issuance of a permit: (a) The name, address and phone number of the person, firm, corporation, club, association, group, charitable institution or organization conducting the sale. (b) The name, address and phone number of a designated "contact person." This person will be contacted if there are any violations of this subsection during the sale. The contact person shall sign the application. (c) The name and address of the owner of the property on which the sale is to be conducted, together with the consent in writing by the owner. 39

(d) The location and times of such sale. (e) The date or dates of the sale. (f) An affirmation or sworn statement by the person signing that the information given is true and correct. 2. The fee for a permit for an outdoor seasonal sale for a commercial or any for profit organization shall be one hundred ($100.00) dollars per day. The fee for a permit for a bona fide not for profit organization or charity shall be twenty-five ($25.00) dollars. If more than one (1) person, firm, corporation, merchant, club, association, group, charitable institution or organization is participating in the sale, each participant shall pay a permit fee. Each permit shall be posted so as to be at the location, and for the duration, of the sale. 3. No street or vehicle right-of-way within the confines of the location of the sale shall be blocked or obstructed by any merchandise offered for sale. A three (3) foot passageway for pedestrians on public sidewalks shall be left open, and merchandise shall be securely and adequately placed so that it will not endanger passersby. Such sales shall not be operated in any manner which would cause a nuisance or create a fire hazard. 4. Outdoor seasonal sales shall be conducted only in commercial and business zoning districts and only between the hours of 9:00 a.m. and 9:00 p.m., exclusively of set up and disassembling time, except that a bona fide not for profit organization or charity may conduct outdoor seasonal sales on a non-residential property located in a residential zoning district. 5. Any signage specifically for the outdoor sale shall require a temporary sign permit which shall be in effect only for three (3) days prior to, and the days of, the permitted sale and any signage shall comply with the rules and regulations regarding signage in the Land Use Regulations for the Township, and shall be removed within twenty-four (24) hours after the end of such permit. 6. This subsection shall be enforced by the Zoning Officer or his or her designee and the Police Department. It shall be the duty of the Zoning Officer and/or Police Department to

6. This subsection shall be enforced by the Zoning Officer or his or her designee and the Police Department. It shall be the duty of the Zoning Officer and/or Police Department to investigate any possible violations of this subsection. It shall also be the duty of all departments, officers and employees of the Township to bring to the attention of the Zoning Officer any violations of this subsection of which they become aware. 7. The holder of a permit and any agents, servants or employees of the holder shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. 8. Any person, firm, corporation, merchant, club, association, group, charitable institution or organization who shall violate any of the terms or regulation of this subsection may have their permit summarily revoked by the Zoning Officer. In addition, any person, firm, corporation, merchant, club, association, group, charitable institution or organization conducting any such outdoor sale or similar activity without having the necessary permit or who shall violate any of the terms or regulations of this subsection shall also, upon conviction of any violation thereof, be fined not more than one thousand ($1,000.00) dollars for each violation. Each day, or part thereof, during which a sale without the required permit or in violation hereof shall continue, shall be considered a separate violation. 25-11.13 Massage, Bodywork or Somatic Therapy Establishments. A massage, bodywork or somatic therapy establishment shall be permitted in the B-1 and B-2 Districts and shall meet the following conditions: 40

a. The massage, bodywork or somatic therapy establishment shall be licensed and inspected annually by the Township of West Orange Department of Health. b. Each massage, bodywork and somatic therapist shall be certified/licensed by State of New Jersey. 25-12 PARKING AND LOADING SPACE REQUIREMENTS. 25-12.1 General Provisions for Off-Street Parking. In all districts off-street parking spaces for the storage or parking of passenger vehicles of occupants, employees and patrons of main buildings and structures hereafter occupied or used shall be provided in accessory private garages or in accessory parking areas in amounts not less than specified in this section, provided that nothing in this section shall prevent the repairing, reconstruction or rebuilding and continued use, pursuant to Section 25-24, of any nonconforming building or structure lawfully existing. All parking areas in all uses other than one (1), two (2) and three (3) family houses shall meet all of the following requirements: a. All off-street parking areas shall be surfaced with an asphalt, bituminous, or cement binder pavement which shall be graded and drained to dispose of all surface water as provided by the Township Engineer. There shall be a five (5) foot wide sidewalk at least five (5) inches above the parking area level between any building and a parking area or drive used by the public. b. The entire perimeter of all parking areas and the edges of all entrance and exit drives shall be enclosed with a concrete or granite block curb at least six (6) inches above the paving surface. Curbing shall not be less than five (5) feet from any fence or screening nor less than five (5) feet from any structure. Where required, concrete wheel stops shall be provided. c. All parking spaces within a parking area shall be clearly marked showing the parking arrangement and traffic direction within the parking area, and such marking shall be continuously maintained. d. Any lighting in connection with off-street parking shall conform with Section 25-14 of this chapter. e. Any parking area shall be screened on any side which adjoins or faces premises situated in any residence district by a fence, wall, berm, evergreen or hedge maintained in good condition as required. The fences as required by