Conference/Public Meeting Agendas/Documents — Packet

(b) One (1) additional space for each additional ten thousand (10,000) square feet or part thereof. 2. In all districts for every building or part thereof, which is to be occupied by manufacturing storage, goods, display, wholesale store or warehouse, market, hospital, laundry, dry cleaning or other use similarly requiring the receipt of distribution in vehicles of materials or merchandise, there shall be provided and maintained of the same premises with such buildings, off-street loading spaces. The minimum number of which shall be determined in relation to the gross floor area as follows: (a) Up to fifteen (15) thousand square feet, one (1) space. (b) Fifteen (15) to thirty thousand (30,000) feet, two (2) spaces. (c) Thirty thousand (30,000) to one hundred thousand (100,000) square feet, three (3) spaces. (d) One (1) additional space for each additional forty thousand (40,000) square feet or part thereof. b. Size and Location of Spaces. 1. Each loading space shall be at least ten (10) feet in width, forty (40) feet in length and have a fourteen (14) foot overhead clearance. 46

2. The space is only permitted in the side or rear yard provided no part of the space is nearer than five (5) feet from any side or rear property line. 3. Parking areas and off-street truck-loading spaces shall be suitably paved, drained, lighted, appropriately planted and fenced for the protection of adjacent properties in accordance with specifications of the Township, and shall be arranged for convenient ingress, egress and safety of vehicles and pedestrians. The facilities shall be maintained in good condition by the owner. (Ord. No. 904-88 § 25-5.6C) 25-12.4 Supplemental Parking and Loading Space Regulations. a. In All Districts: 1. No garage shall be erected so as to encroach on a minimum required front yard, side yard or side front yard, except that an existing private garage for a one-family or two-family dwelling may be rebuilt within its same footprint as per Section 25-8.2e. 2. An access drive to an off-street parking area or truck-loading space may be located within a required side yard, but shall not be located within five feet of a side lot line. 3. Parking or storage of disabled, unlicensed, unregistered or obviously wrecked vehicles for a period of more than forty-eight (48) hours is expressly prohibited in any zoning district except on property specifically designated for that purpose. 4. Required parking areas shall be on the same lot with the main building or use to which they are accessory, except in the B-1 and B-2 Districts per Section 25-12.2b4. 5. Parking areas and truck-loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across any adjoining lot. 5. No trailer, semitractor, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels shall be parked or stored on property in any district except as hereinafter provided. (a) A trailer, semitrailer, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels may be parked or stored on property in an industrial district during the hours of 9:00 p.m. and 7:00 a.m. without being completely housed in a garage.

rear wheels may be parked or stored on property in an industrial district during the hours of 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 47

court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of these regulations. b. In Residential Districts. 1. Private garages and parking areas shall be utilized only as an accessory to the 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 25-4b, 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

ust 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 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 48

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. (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

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) 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 front yard or side front yard. 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. 49

6. No tow truck, flat bed truck, or construction equipment may be parked or stored on property in any residential district. (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 ANALYSIS. 25-13.1 General Provisions. The environmental impact generated by a land development project necessitates a comprehensive analysis of

d. No. 904-88 § 25-5.6E) 25-13 ENVIRONMENTAL IMPACT ANALYSIS. 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 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. 50

(Ord. No. 904-88 § 25-5.7A) 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. Any application for a single one-family or two-family home, whether a new dwelling or a modification to an existing dwelling, is 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 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. 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 (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