Public Township Council Meeting — Packet

er 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 organization shall be fifty one hundred ($5100.00) 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 52

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 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

n, 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 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. Comment [PG54]: new regulations 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: 53

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (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 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

esidential 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 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 54

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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. Comment [PG55]: new regulations A massage, bodywork or somatic therapy establishment shall be permitted in the B-1 and B-2 Districts and shall meet the following conditions: 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

l 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 this subsection may be waived by the Planning Board or the Zoning Board if in the Board's judgment, because of the topography or other extraordinary or exceptional conditions, the fence is not necessary to protect the adjoining property. f. All parking areas shall be so designed that vehicles are not compelled to back directly onto a public right-of-way. 55

DRAFT PROPOSED REVISIONS – OCTOBER 2011 g. Such parking area shall be used solely for the parking of passenger automobiles and no repair work or service of any kind shall be conducted in the parking lot. No permitted sign shall be larger than two (2) square feet in area. h. All parking areas shall be designed with service aisles to meet the following standards: 1. Parallel parking, twelve (12) foot aisle width. 2. Thirty (30°) degree angle parking, eleven (11) foot aisle width. One way. 3. Forty-five (45°) degree angle parking, thirteen (13) foot aisle width. One way. 4. Sixty (60°) degree angle parking, eighteen (18) foot aisle width. One way. 5. Ninety (90°) degree angle parking, twenty-four (24) foot aisle width. Two way. 6. All driveways for two way traffic shall be a minimum of twenty-four (24) feet wide and in no case shall a driveway be less than fourteen (14) feet wide. i. Each entrance or exit from such parking area shall be at least fifty (50) feet from any residential district. j. Every off-street parking area shall be subject to site plan approval by the Planning Board or Zoning Board of Adjustment to insure its adequacy, relation to traffic safety and protection of the adjacent properties. k. Off-street parking facilities as required by this chapter shall be provided on the same lot as the principal building or use that they serve, except that off-site parking facilities for non- residential uses in the B-1, B-2, OB-1 and OB-2 Districts may be provided on properties within 250 feet of the lot on which the principal building is located. l. Off-street parking facilities may be placed in any required yard in the I, I-B, P-C and O-R Districts, provided the parking area, placed in the front yard, is at no point closer to the public right-of-way than one-half (1/2) the setback requirement or fifty (50) feet whichever is less. No parking in the side yard shall be closer than one-half (1/2) the side yard requirements to the side property line or ten (10) feet whichever is greater. In the O-B and B Districts, off- street parking may be placed in the side or rear yard only. m. The parking requirement for a building or development with a mix of non-residential uses shall be the total of the requirements of the component

may be placed in the side or rear yard only. m. The parking requirement for a building or development with a mix of non-residential uses shall be the total of the requirements of the component uses, computed separately in accordance with the provisions of this subsection. Shared parking shall be permitted for a mixed-use development containing a residential use, per Section 25-12.2a3. nm. The amount of parking area to be improved as required by subsection 25-12.2 may be reduced by the Planning Board or Board of Adjustment if it can be clearly demonstrated by the applicant that the full amount of parking area is not necessary, however, the area to remain unimproved shall at all times be available for parking in the event that future conditions should so require, shall be fully graded and suitably landscaped in keeping with the remainder of the site. The approved site plan shall show the location of all required parking stalls and shall designate those spaces which meet the definition of compact size as described in paragraph p. below. The Board, in its discretion, may allow up to twenty-five (25%) percent of the total number of required spaces to be designated as compact size if the applicant presents adequate proof that such spaces will not adversely affect the health, safety or welfare of the Township and/or the users of the subject property. on. All new uses or expansion of existing uses in nonresidential districts shall provide curbs, sidewalks and shade trees within the street right-of-way. All such facilities shall be installed in accordance with Township specifications as adopted by the Township Council. 56

DRAFT PROPOSED REVISIONS – OCTOBER 2011 po. Landscaped plans shall be submitted for detailed planting within the parking area. There shall be a minimum of one (1) tree plus ground level planting for each ten (10) parking stalls proposed. qp. Standard size parking spaces shall havebe minimum dimensions of nine (9) feet by twenty (20) feet or ten (10) feet by eighteen (18) feet measured perpendicular to the axis of the length with adequate provision for ingress and egress to all parking spaces. Compact size spaces shall not be less than eight (8) feet by fifteen (15) feet., if approved by the Planning Board or Board of Adjustment. (Ord. No. 904-88 § 25-5.6A; Ord. No. 1337-95 § 8) 25-12.2 Minimum Required Number of Parking Spaces. a. Residential uses. 1. The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Parking Schedule I below. Alternative parking standards to those shown in the Schedule below shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking sources. Parking Schedule I Parking Requirements for Residential Land Uses Housing Unit Type/Size Parking Requirement (per unit) One-family and two-familya 2 Bedroom 1.5 3 Bedroom 2.0 4 Bedroom 2.5c 5 Bedroom 3.0 Garden apartmentb 1 Bedroom 1.8 2 Bedroom 2.0c 3 Bedroom 2.1 Townhouseb, d 1 Bedroom 1.8 2 Bedroom