Public Township Council Meeting — Packet

in area and/or less than 300 feet in width. On such smaller lots, the required buffer width shall be 10 percent of lot width or depth, but not less than 20 feet. c. On wooded sites, existing trees should be saved within buffer strips to the maximum extent possible. Where existing trees would be removed in buffer strips, replacement trees and landscaping shall be provided to form a continuous natural landscape edge. Berming, evergreen trees and/or fencing shall be provided along the interior edge of the buffer (i.e., closest to new development on the site) when adequate natural buffering cannot be provided. d. Aboveground stormwater management facilities shall not be permitted in buffer strips. e. A landscaping plan shall be submitted and approved by the Township Planner and the approved plan shall be kept on file in the Department of Planning and Development. (Ord. No. 904-88 § 25-5.5D; Ord. No. 1062-91; Ord. No. 1458-97 § 1) 25-11.54 Waste Disposal in P-C, O-R, or I or I-B District. In a P-C, I, I-B or O-R District, every building or group of buildings shall make adequate provisions for the proper disposal of wastes within a screened enclosure. Such provision should be reflected in the preliminary site plan. (Ord. No. 904-88 § 25-5.5E; Ord. No. 1337-95 § 5) 25-11.6 Indoor Storage and Loading in P-C or O-R District. In a P-C or 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 provisions shall be made for properly enclosed areas and truckloading bays entirely within the structure. (Ord. No. 904-88 § 25-5.5F) Comment [PG44]: addressed elsewhere in ordinance 47

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-11.7 Restaurant Setback from Residential District. In any district where such uses are permitted, no building housing a restaurant, bar, motel or hotel shall be located within one hundred twenty-five (125) feet of an R-1, R-2, R-3, R-3AH, R-4, R-5 or R-6 District. Where a dedicated and accepted public street exists and abuts or adjoins a lot on which is constructed a building housing a restaurant, bar or hotel, the street width may be used in computing the one hundred twenty-five (125) foot requirement above mentioned regardless of the district in which the street is located. For the purposes of such computation, a street shall be deemed to be as wide as the dedicated right-of-way on which it is located, where such a street exists, an R-1, R-2, R-3, R-3AH, R-4, R-5 or R-6 District shall be deemed to commence on the side of the street opposite the side on which the lot containing the building housing a restaurant, bar, motel or hotel is located. (Ord. No. 904-88 § 25-5.5G; Ord. No. 1144-92 § 12) Comment [PG45]: onerous requirement 25-11.85 Retail Sales in OB-1, OB-2 and PURD Districts. Retail sales or service permitted as an accessory use in the OB-1, OB-2 and PURD Districts shall be an integral part of the permitted building, shall be limited to sales or services designed for the convenience of the employees, visitors and tenants of the permitted building and no goods, advertisements or other evidence of such sales or services shall be visible from the street. Such use shall not consist of more than fifteen (15%) percent of the total first floor area in the OB-1 and PURD Districts or ten (10%) percent of the gross floor area of the buildings or three thousand (3,000) square feet whichever is less in the OB-2 District and shall be designated on the preliminary site plan. (Ord. No. 904-88 § 25-5.5H) 25-11.9 Accessory Building in OB-1 and OB-2 Districts. Accessory buildings in the OB-1 and OB-2 Districts shall not exceed two (2) stories nor twenty-five (25) feet in height and the area of such structures shall be included in computing maximum building coverage. (Ord. No. 904-88 § 25-5.5I) Comment [PG46]: addressed elsewhere in

ge. (Ord. No. 904-88 § 25-5.5I) Comment [PG46]: addressed elsewhere in ordinance 25-11.106 Open Space in OB-1 and OB-2 Districts. In the OB-1 and OB-2 Districts, one (1) square foot of open space shall be provided for each square foot of building area except that no more than forty (40%) percent of the lot in the OB-1 District nor thirty (30%) percent in the OB-2 District may be covered by buildings or structures. Off-street parking areas are not permitted within open space areas, except for "overflow" parking spaces that are specifically approved by the Planning or Zoning Board and are constructed in a manner acceptable to the Township Engineer. Furthermore, no accessory structure or off-site parking area shall be located within the required front yard no closer than twenty-five (25) feet to the side or rear property lines in the OB-1 District or ten (10) feet to the side or rear property lines in the OB-2 District. (Ord. No. 904-88 § 25-5.5J) 48

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-11.11 Motor Vehicle Sales Establishments. No permit shall be issued for the use of any building or premises as a motor vehicle sales establishment in any district other than the I or I-B Districts. The display or sale of motor vehicles may be conducted outside the confines of a building subject to the following requirements: a. The area devoted to such use shall not be larger than the ground floor area of the principal building in which the primary or predominant use is conducted. b. The area devoted to such use shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water. c. Any lighting in connection with such use shall be so arranged and shielded as to reflect the light downward away from all adjoining streets or buildings and shall comply with the lighting standards contained in this section. d. The area permitted for the use shall at all times be clearly and legibly marked on the required paved surface. e. The use shall be permitted in the front, side and rear yards provided the use is not closer than twenty (20) feet from the front street right-of-line nor ten (10) feet from any side or rear property line. If the use abuts a residential zone, no part of the use shall be nearer than fifteen (15) feet to the residential zone boundary line. (Ord. No. 904-88 § 25-5.5K; Ord. No. 1337-95 § 6) Comment [PG47]: moved to conditional use standards section 25-11.127 All Uses in the O-R District. A research laboratory such as an experimental or testing laboratory or a pharmaceutical laboratory for research, processing and compounding of drugs and medicines shall be permitted in the O-R District, provided that: a. The use will not create any nuisance beyond the boundaries of its lot by reason of the emission of dust, odors, fumes, noises, vibrations or excessive light. b. The use does not involve production of any commodity for sale or distribution at that location nor regular receipt of material and shipment of products, except, however, that the foregoing limitations and restrictions on the production, sale and distribution of commodities and the receipt

gular receipt of material and shipment of products, except, however, that the foregoing limitations and restrictions on the production, sale and distribution of commodities and the receipt and shipment of materials and products shall not apply in the case of a pharmaceutical laboratory for research development, processing and compounding of drugs and medicines, provided that such pharmaceutical laboratory shall comply in all respects to the other requirements of this chapter and all other applicable Township ordinances. c. Provision shall be made for adequate and suitable access facilities for traffic from public streets and sidewalks, and for directional signs, so as to assure the public safety and avoid traffic 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. 49

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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. Buffer Strip. In an O-R District, along any side or rear property line which is also the boundary line between such district and a residential district, a fifty (50) foot buffer strip shall be planted and maintained with trees and shrubbery of such sizes and density as to adequately screen the buildings from such abutting residential district. Planting shall consist of a minimum of fifty (50%) percent evergreen species. Comment [PG48]: addressed elsewhere in ordinance i. 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. j. Watchmen's Quarters. In an O-R District, residence quarters for watchmen or caretakers shall be permitted as an accessory use to the main building on the same lot. Comment [PG49]: outdated use (Ord. No. 904-88 § 25-5.5L) 25-11.138 Roof Equipment. Including but not limited to elevator towers, air conditioning units, microwave transmission unitssatellite dishes, and similar equipment in any zoning district other than single family shall be Comment [PG50]: satellite dishes a more screened with either a solid or decorative shield acceptable to the Planning Board or Zoning Board. relevant example No roof equipment shall exceed fifteen (15) feet in height. (Ord. No. 904-88 § 25-5.5M) 25-11.14 I or I-B District. a. In an Industrial or Industrial Business District, machine shops and research laboratories, experimental or testing,

feet in height. (Ord. No. 904-88 § 25-5.5M) 25-11.14 I or I-B District. a. In an Industrial or Industrial Business District, machine shops and research laboratories, experimental or testing, shall be permitted, provided that: 1. All phases of the operation, including processing, shipping and employee's parking, are accommodated on the same lot as the principal structure. 2. Only electric motor power is to be used outside of the building and no storage of any kind in the front or front side yard or within fifteen (15) feet of the rear side property lines. 3. There is no open storage of waste or scrap material. 4. There is no light, sound, vibration, or odor emission beyond the property lines. b. Watchmen's Quarters. In an I or I-B District residence quarters for watchmen or caretakers shall be permitted as an accessory use to the main building on the same lot. (Ord. No. 904-88 § 25-5.5N; Ord. No. 1337-95 § 7) Comment [PG51]: regulations moved elsewhere or deleted 25-11.159 P-C District. a. Buffer Strip. In a P-C district, along any side or rear property line which is also the boundary line between such district and a residential district, a seventy-five (75) foot buffer strip shall be planted and maintained with trees and shrubbery of such sizes and density as to adequately screen the buildings from such abutting residential district. Comment [PG52]: addressed elsewhere in ordinance b. 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. 50

DRAFT PROPOSED REVISIONS – OCTOBER 2011 c. Watchmen's Quarters. In a P-C district, residence quarters for watchmen or caretakers will be permitted as an accessory use to the main building on the same lot. db. Shopping Centers. There shall be only one grouping of free standing signs identifying various outlets businesses within the center. Individual standing signs are prohibited. (Ord. No. 904-88 § 25-5.50) 25-11.16 OB-2 District. a. Retail Sales. Retail sales or services permitted as accessory uses in the OB-2 District shall be an integral part of the permitted office building, shall be limited to its sales or services designed for the convenience of the employees and tenants of the permitted building and shall be limited to ten (10%) percent of the gross floor area of the buildings or three thousand (3,000) square feet whichever is less. Furthermore, no goods, advertisements or other evidence of such sales or services shall be visible from the street. b. Accessory Buildings. Accessory buildings in the OB-2 District shall not exceed two (2) stories or twenty-five (25) feet in height and the area of such structures shall be included in computing maximum building coverage. c. Open Space. In the OB-2 Districts one (1) square foot of open space shall be provided for each square foot of building area except that not more than thirty (30%) percent of the lot may be covered by buildings or structures. Off-street parking areas are permitted within open space areas, provided, however, no accessory structure or off-street parking area shall be located within the front yard nor closer than ten (10) feet to the side or rear property lines. d. Planted Screen. Unless otherwise provided herein, a ten (10) foot wide planted screen consisting of evergreen plant material shall be installed adjacent to any residentially zoned property. (Ord. No. 904-88 § 25-5.5P) Comment [PG53]: addressed elsewhere in ordinance 25-11.1710 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

ordinance 25-11.1710 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 sidewalk cafes shall be subject to review and approval of the West Orange Planning Board Technical Review Subcommittee (TRS). 51

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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. 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) 25-11.1811 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