Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 b. Description and Delineation of Central Business District Areas. This subsection shall apply to all parcels of land designated as the Central Business District Area as shown on the official zoning map of the Township. c. Applicability of the Main Street Ordinance. All regulations, requirements, prohibition, and zoning provision contained in this subsection shall be in addition to any other ordinance or zoning requirement of the Township. In the event of any inconsistencies, the provisions of this subsection shall prevail. d. Regulation for Building Permits. No building or structure shall be erected, reconstructed, altered, rehabilitated, restored, moved or demolished within the Central Business District, and no sign, light, fence, wall or other appurtenant fixture shall be erected or displayed on any lot, building or structure located within the District until after the application for a building permit has received an architectural review certification from the Township Planner or his/her designee. The designee, if applicable, shall be appointed on an annual basis. Every application for a building permit for a building located or to be located within the District shall be accompanied by plans for the proposed change. As used herein, plans shall mean drawings with sufficient detail to show, as far as they relate to exterior appearance, the architectural design of the building, including all site improvements or features such as walls, walks, plantings, signs, lights and other appurtenances. Such plans shall be forwarded by the Construction Official to the Township Planner for architectural review certification. The Township Planner shall issue a certification of approval or letter of denial within five (5) business days from the date that the application for building permit was filed with the Municipal Code Enforcement Officer. This time period may be extended at the request of the applicant. If within the five (5) business day period architectural review certification is denied, a permit shall not be issued by the Construction Official. If a letter of denial has not been issued within five (5) business days from the filing date of the application, the application shall be deemed to have

issued by the Construction Official. If a letter of denial has not been issued within five (5) business days from the filing date of the application, the application shall be deemed to have been certified and approved. Each letter of denial shall contain a concise list of specific objections regarding the denial of certification. The letter of denial may contain a list of acceptable alternatives as to any specific objections. e. Regulations for Application before Zoning Board of Adjustment or Planning Board. Any application filed with the Zoning Board of Adjustment or the Planning Board which proposes as part of the application, the erection, reconstruction, alteration, restoration, rehabilitation or demolition of any structure, signs, lights, fences or walls or appurtenant fixtures on property located within the Central Business District shall be forwarded to the Township Planner for review and architectural certification. The application shall include drawings with sufficient detail to show, as far as they relate to exterior appearance, the architectural design of the building, including proposed materials, textures, and colors, and the plot plan or site layout, including all site improvements or features such as walls, walks, plantings, signs, lights and other appurtenances. The Township Planner shall issue a certification of approval or letter of denial within ten (10) business days from the date that the application was filed with the Zoning Board or Planning Board. This time may be extended at the request of the applicant. If within the ten (10) business day period architectural review certification is denied, the application shall be deemed incomplete and no further action shall be taken on the application by the Zoning Board or Planning Board until architectural certification has been received. 133

DRAFT PROPOSED REVISIONS – OCTOBER 2011 If a letter of denial has not been issued within ten (10) business days from the filing date of the application, the application shall be deemed to have been certified. Each letter of denial shall contain a concise list of specific objections regarding the denial of certification. The letter of denial may contain a list of acceptable alternatives as to any specific objections. f. Criteria for Architectural Review. The Township Planner and, in the event of any appeal, the Township Council, shall consider the architectural review of the proposal on the following standards: 1. The historical or architectural value and significance of the structure and its relationship to the historic and aesthetic value of the surrounding area. 2. The general compatibility of exterior design, arrangement and materials proposed to be used. 3. Description of the details of design for the period of architecture involved in the particular structure and surrounding neighborhood. 4. General adherence to the provisions contained within Section 25-16. In all instances, architectural review shall only extend to the exterior features of a structure and no consideration shall be given to interior arrangements. g. Regulations for Certificates of Occupancy. For all properties which are located within the Central Business District, the following use restrictions shall apply: 1. Certificates of Occupancy shall be applied for at the same time that a building permit is applied for or before any use or reuse of any land and structure(s) thereon is exercised. It shall be issued within ten (10) days from a satisfactory inspection or reinspection of the premises. A record of all certificates shall be kept on file in the office of the Construction Official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. A fee of twenty-five ($25.00) dollars shall be charged for each original certificate and one ($1.00) dollar for each copy thereof. 2. No permit for excavation or for the erection or alteration or reuse of any building shall be issued before application has been made for a

one ($1.00) dollar for each copy thereof. 2. No permit for excavation or for the erection or alteration or reuse of any building shall be issued before application has been made for a Certificate of Occupancy. No building premises may be occupied nor shall there be an exercise of the use of land until such certificate shall have been issued. 3. No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used or reused in whole or in part for any purpose whatsoever until a Certificate of Occupancy shall have been issued by the Construction Official stating that the building or the location of the land complies with all provision of this or any other ordinances of the Township. 4. No land or extension of use and no alteration of use of land or buildings shall be made in a nonconforming use of premises without a Certificate of Occupancy having first been issued by the Construction Official that such change, extension or alteration is in conformity with the provisions of this subsection or any other ordinance. 5. Inspections shall be made by the Construction Official, representatives of the Board of Health, Fire Chief, and Police Department. If conditions are set or alternatives are found necessary by any of these inspections, reinspection to determine compliance shall be necessary. No Certificate of Occupancy shall be issued until all provisions of all inspections have been complied with and appropriate certificates to that effect have been issued in accordance with the zoning ordinances of the Township. 134

DRAFT PROPOSED REVISIONS – OCTOBER 2011 h. Appeals. Upon the issuance of a letter of denial of architectural certification under the provisions of paragraph d., the applicant may appeal to the Township Council for architectural certification. The applicant shall file a notice of appeal with the letter of denial attached. The notice of appeal is to be filed with the Municipal Clerk's office not later than twenty (20) days following the date that applicant has received the letter of denial. The Council shall schedule the appeal hearing within twenty (20) days following the date that the notice of appeal is filed with the Township Clerk. The Council shall review the application under the criteria set forth in paragraph f. and shall, at the time of the hearing, make its determination as to the issuance of architectural certification or sustaining the letter of denial. (Ord. No. 904-88 § 25-6.3; Ord. No. 1382-96 § 1) Comment [PG82]: unnecessary regulations 25-24.4 Other Exceptions and Special Provisions. a. Exceptions to Height Limitations. In any district where such uses are otherwise permitted, aA church spire, church belfry, a dome, cupola, tower on a public building, a flagpole, radio, radio telephone or television tower or mast, a transmission line tower, a monument, chimney, water tower or elevator or stair bulkhead and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, except that such features shall not exceed twenty (20) percent of total roof surface area and shall not exceed a height of ten (10) feet above the top of the roof.which exceeds the height limitation for the district in which it is located, may be permitted as a conditional use subject to such conditions and safeguards as the Planning Board may impose with respect to, among other matters, the location and adequacy of the setback of such structures in relation to surrounding development so as to assure the public safety. This provision shall not apply to a chimney, elevator or stair bulkhead which exceeds the height limitation by more than ten (10) feet.

public safety. This provision shall not apply to a chimney, elevator or stair bulkhead which exceeds the height limitation by more than ten (10) feet. Comment [PG83]: requirements improved (Ord. No. 904-88 § 25-6.4) 25-24.5 Prohibited Uses. Any use not specifically permitted in any zoning district established by this chapter is hereby expressly prohibited from that district. Furthermore, the following uses are expressly prohibited from all zoning districts within the Township: a. The storage or constant outdoor parking for more than thirty (30) days of any inoperable or unregistered motor vehicle. b. The dismantling, assembly or repair of a vehicle other than one belonging to a member of the domicile. c. The outdoor storage of motor vehicle parts or accessories. d. An airport, aircraft landing strip or heliport. Comment [PG84]: no need to explicitly call out e. The storage of toxic or hazardous waste as defined by the New. Jersey. Department .of Environmental. Protection. fe. Retail sale or wholesale distribution of firearms including ammunition therefor and any materials of an explosive or hazardous nature used in the ingredients for the ammunition. g. A check cashing service as a primary or accessory use. Comment [PG85]: permitted in one zone (Ord. No. 904-88 § 25-6.5; Ord. No. 1073-91; Ord. No. 1420-96 § 1) 135

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-24.6 Off-Site Improvements and Other Pro-Rata Costs. A developer, as a condition for approval of a site plan shall pay his pro-rata share of any and all costs attendant to the provision of reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development. Fair and reasonable standards to determine the developer's proportionate or pro-rata amount of the cost of such off-tract facilities and improvements shall be determined by the Township Engineer. (Ord. No. 904-88 § 25-6.6) 25-24.7 Filming. a. Purpose. The purpose of this section is to insure the safety, health and welfare of all persons when filming operations are sought to occur within the Township. The Township desires to encourage filming within the Township in an organized, efficient and controlled manner. b. Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings set forth below: Filming shall mean the taking of motion pictures and television shows either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters or for institutional uses within the Township. Filming shall also include all rehearsals, preparations and assembly and dismantling of all equipment and structures, including but not limited to scaffolding, lights, backdrops, tools and food, and the loading and unloading of vehicles containing the equipment, structures and food. Major motion picture shall mean any film or series of filmings for which the budget is greater than five million ($5,000,000.00) dollars. Public land shall mean any and every public street, highway, sidewalk, square, public park or playground or any other public places in the Township. c. Permit Required. 1. No person or organization shall film or permit filming on public land or which shall cause any impact to public land within the Township without first having obtained a permit from the Director of the Department of Planning, (Director) which permit shall set forth the approved location of such filming and the approved duration of such filming by

ermit from the Director of the Department of Planning, (Director) which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference by day or dates not to exceed three (3) in duration, except in the case of a major motion picture. Said permit must be readily available for inspection by the Township and any of its employees or agents at all times at the site of the filming. 2. All permits shall be applied for and obtained from the Department of Planning during normal business hours. Applications for such permits shall be in a form approved by the Director and shall be accompanied by a permit fee as set forth in paragraph d. The applicant shall submit a copy of the completed application to the Chief of Police and Fire Chief simultaneous with the submission to the Planning Director. 3. A permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed three (3) days except in the case of a major motion picture, provided that the maximum number of days of filming authorized in any calendar year for premises located in a residential zone where a waiver has been granted by the Director shall not exceed ten (10) days. 4. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the date specified, the Director may, at a request of the applicant, issue an amended permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this amended permit. d. Issuance of Permits. 136

DRAFT PROPOSED REVISIONS – OCTOBER 2011 1. No permit shall be issued by the Director unless applied for prior to five (5) days before the requested shooting date; provided, however, that the Mayor may waive the five (5) day period if, in his or her judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified. 2. No permit shall be issued for filming upon public land unless the applicant shall provide the Township with satisfactory proof of the following: (a) Proof of insurance coverage as follows: (1) For bodily injury to one person in the amount of one million ($1,000,000.00) dollars and any occurrence in the aggregate amount of five million ($5,000,000.00) dollars. (2) For property damage for each occurrence and in the aggregate amount of one million ($1,000,000.00) dollars. (b) An agreement in writing whereby the applicant agrees to indemnify and save harmless the Township from any and all liability, expense, claim or damages resulting from use of public land. (c) The posting of a cash bond of two thousand five hundred ($2,500.00) dollars or a maintenance bond of five thousand ($5,000.00) dollars running in favor of the Township and insuring the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Township Ordinances, laws and regulations will be followed. Within seven (7) days of the completion of the filming, the Township will return the bonds if there has been no damage to public property or public land caused by the filming. The amount of this bond is subject to final determination by the Township Attorney and Township Council. (d) The hiring of an off-duty police officer for the times specified in the permit, as may be deemed necessary or appropriate by the Police Director or Police Chief. 3. The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public land and shall comply with all lawful directives issued by the Township. 4. The holder of a permit shall

minimize interference with the free passage of pedestrians and traffic over public land and shall comply with all lawful directives issued by the Township. 4. The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort of adjoining property owners attributable to such filming and shall, to the greatest extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public land and limit, to the extent possible, any interference with normal public activity on the public land. Where the applicant’s production activity by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three (3) days prior to the requested shooting date and be informed that objections may be filed with the Director. Said objections shall form a part of the applicant’s application and be considered in the review of same. The Director may impose any necessary or appropriate restrictions as to the time, date, and process of filming. Proof of service and notification of adjacent owners shall be submitted to the Township Clerk at least two (2) days before the requested shooting date. 5. Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. Any requests for night scenes or weekends shall be approved in the permit or by a waiver to be granted in accordance with this subsection on five (5) days written notice to all property owners within two hundred (200) square feet or the proposed night time filming. 137