(5) Off-tract parking facilities. In the B-1 district only, the off-street parking requirements of this chapter may be satisfied by providing the required number of parking spaces in an off-street facility which is reasonably and conveniently located and not more than three hundred linear feet from the entrance to the building or use to be served. Off-street parking in all other districts shall be at least on tract and may be required to be on site if so stated herein.
(6) Prohibited parking and driveway locations.
a. Front yards, rear yards and side yards. In the R-S and R-M Districts. no off-street parking shall be permitted in a side yard. and no off-street parking shall be permitted in a front yard or rear yard except in a paved driveway providing ingress to and egress from an attached garage, detached garage or parking space: provided. further. that no such paved driveway shall be wider than twenty (20) feet in the front yard and twelve (12) feet in the side and rear yards.
b. Buffer areas. No off-street parking or loading and unloading am spaces shall be permitted in a buffer area.
c. Driveways. Not more than two (2) driveways, each of not more than thirty (30) feet nor less than twenty (20) feet in width, shall be permitted for each three hundred (300) feet of frontage on a public street. Driveway width in residential zones shall be a maximum of twelve (12) feet for a single driveway leading from the curb cut to a single-car garage or single off-street parking space for a one-family dwelling. Driveway width in residential zones shall be a maximum of twenty (20) feet for a driveway leading from the curb cut to two- or more car garages or off-street parking spaces for a one-family dwelling. No driveway shall be located closer than fifty (50) feet to a street intersection. No public street shall be used to provide direct access to parking spaces. (Ord. No. 1859, 5-27-1980, § 11; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2052, 9-4-1984, § 2; Ord. No. 3059, 10-21-1986, § 2; Ord. No. 3149, 5-17-1988, §§ 1, 2; Ord. No. 3171, 9-27-1988, § 1; Ord. No. 3191, 1-24-1989, § 1; Ord. No. 3358, 5-25-1993, § 2.)
(a) Locations offences and retaining walls.
(1) No fence or wall hereafter erected, altered or reconstructed in the R-S or R-M Zone Districts or on lots in any other zone districts on which buildings occupied for residential purposes are erected (except in the RR-M Zone) shall exceed four feet in height above ground level when located in any required front yard area or shall exceed six feet in height when located in any side or rear yard.
(2) No fence hereafter erected, altered or reconstructed in the L-I Zone District shall exceed a height of eight feet above ground level.
(3) No fence hereafter erected, altered or reconstructed in any zone district other than these in Subsection a(1) or (2) above shall exceed a height of six feet above ground level.
(4) No retaining wall hereafter erected, altered or reconstructed in any zone district shall exceed four feet in height for each 12 feet of horizontal distance from a front property line when located within any required front yard area.
(5) No retaining wail hereafter erected, altered or reconstructed in any zone district shall exceed six feet in height for each 12 feet of horizontal distance from a side or rear property line when located within any required side or rear yard area.
(6) The foregoing restrictions shall not be applied to prevent the erection of a chain link fence not exceeding eight feet in height above ground level anywhere within a public park or school playground.
(b) Dimensional and other bulk restrictions.
(1) No fence or retaining wall hereafter erected, altered or reconstructed in any zoning district of the township shall be located within 25 feet of the intersection of two street lines or within a required sight triangle as outlined and defined in Section 33-15(n)(1), (2) and (3).
(2) The cumulative height of fences and retaining walls in any zone district except the L-I Zone District may be a maximum of six feet in height for each 12 feet of horizontal distance from a property line. The cumulative height of fences and retaining walls in the L-I Zone District may be a maximum of eight feet in height for each 12 feet of horizontal distance from a property line.
(3) Fences erected in the front yard which have only one finished side shall be erected so that the finished side is facing outward. Fences erected in a side or rear yard of all zone districts except the R-S and R-M Zone Districts which have only one finished side shall be erected so that the finished side is facing outward. Fences over two feet in height located in any front yard area shall be at least fifty-percent open.
(4) The use of barbed wire or wire on which barbs or metal points are strung or fastened is prohibited in all zone districts except the L-I Zone.
(5) No fence or wall existing or hereafter erected, altered or reconstructed in any zoning district of the township shall be electrified or capable of giving an electric charge or shock such that it will cause harm, damage or injury to a person, animal or property.
(6) The use of canvas or cloth for fences is prohibited.
(c) Other provisions and requirements.
(1) No fence may be erected, altered or reconstructed without a fence permit issued by the Construction Official, upon application forms and procedures established by the Building Department and upon the payment of the fence permit fee established in Chapter 11, Section 11-27.
(2) A guard or dense landscape buffer, a minimum of three feet in height, shall be provided at the top of all retaining walls, or portions of walls, which are in excess of four feet in height. The guard or dense landscape buffer shall separate the top of the wall from any sidewalk, driveway, path or lawn area which could be used for pedestrian or vehicular traffic.
(3) All fences must be erected within property lines unless the owners of adjoining properties mutually agree that a fence may be erected on their common property line and a maintenance easement agreement has been filed with the Building Department. No fence shall encroach on any public right-of-way without approval of such encroachment by the Township Council.
(4) All fences shall be maintained in a sound, safe and upright condition. Fencing which violates this section shall be repaired or removed within 15 days of written notification from the Construction Official, which notice shall state the Construction Official's findings and state the reasons for such a removal or repair order.
(5) All retaining walls shall be maintained in a sound, safe and upright condition. Retaining walls which violate this section shall be repaired or removed within 30 days of written notification from the Construction Official, which notice shall state the Construction Official's findings and state the reasons for such a removal or repair order. (Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2022, 2-7-1984, § 1; Ord. No. 3168, 9-27-1988, § 1; Ord. No. 3654, 12-19-2000, § 2.)
(a) Private organization to manage undedicated common open space. In the event that land is to be developed for multifamily housing, or existing multifamily housing is to be converted into condominium or cooperative ownership, resulting in a planned unit residential development or residential cluster which would generate common open space (as defined in Section 33-3), or which would generate common property incidental thereto (such as private streets, parking areas and recreational facilities), and such common open space and/or improvements will not be dedicated to the township, the developer shall provide for an organization for the ownership and maintenance of such land for the benefit of owners of properties within the development.
(b) Bar on disposition of common open space. The organization shall not be dissolved and shall not dispose of any common open space or property incidental thereto by sale or otherwise, except to an organization conceived and established to own and maintain such common open space and property for the benefit of such development. Therefore, such organization shall not be dissolved or dispose of any of its common open space or property without first offering to dedicate the same to the Township of Teaneck.
(c) Default in management of common open space.
(1) Notice. In the event that such organization shall fall to maintain the common open space and property in reasonable order and condition, the Township Council may serve written notice upon such organization or upon the owners of the development setting forth the manner . in which the organization has failed to maintain the common open space and property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.
(2) Hearing; municipal intervention. At such hearing, the Township Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which the deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 35 days or any permitted extension thereof, the township may enter upon and maintain such land in order to preserve the common open space and properties and maintain the same for a period of one (1) year. Said entry and maintenance Won not vest, in the public any rights to use the common open space or property, except when the same is voluntarily dedicated to the public by the owners.
**Webmasters Note: Sections 33-29(a) through the previous subsection have been amended as per Supplement No. 90.
(3) Extension of township maintenance. Before the expiration of said year, the Township Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space or property, call a public hearing upon fifteen (15) days' written notice to such organization and to the owners of the development, to be held by the Township Council, at which hearing such organization and the owners of the development shall show cause why such maintenance by the township shall not, at the election of the township, continue for a succeeding year. If the Township Council shall determine that such organization is ready and able to maintain said open space or property in reasonable order and condition, the municipality shall cease to maintain said open space or property at the end of said year. If the Township Council shall determine that such organization is not ready and able to maintain said common open space and property in a reasonable condition, the township may, in its discretion, continue to maintain said common open space during the next succeeding yew, subject to a similar hearing and in each year thereafter. The decision of the Township Council in any such case shall constitute a final decision, subject to judicial review.
(d) Assessing the cost of maintenance. The cost of such by the township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open spew, in accordance with assessed value at the time of imposition of the lien, and shall became a lien and tax on said properties and shall be added to and shall be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other municipal taxes.
(e) Removal of brush, weeds, filth, etc by township when organization fails to do so.
(1) Applicability of Sections 19-16 and 19-17 of Township Co & The provisions of Sections 19-16 and 19-17 of the Township Code are hereby made applicable to the undedicated common open space, property and improvements managed, owned and maintained by the organization provided for by the developer as required by this chapter in Section 33-30(a) above. (Ord. No. 1962, 9-21-82, § 1.)
(a) Definitions. As used in this section, the following terms shall have the meanings indicated:
Low income and moderate income shall be as defined in the Fair Housing Act' and in the published Rules and Regulations of the New Jersey Council on Affordable Housing (COAH)
(b) Mandatory set-aside of units.
(1) All new development of multifamily housing consisting of ten (10) or more units shall be required to set aside twenty percent (20%) of the dwelling units for the construction of low- and moderate income housing in accordance with the provisions of this section.
(2) The developer shall provide that one-half (1/2) of the low- and moderate-income units constructed be affordable by low-income households and that the remaining one-half (1/2) be affordable by moderate-income households. These units shall not be segregated in one (1) area of the development but shall be reasonably interspersed throughout it
(3) A minimum of twenty percent (20%) of the low- and moderate-income units shall be three-bedroom units.
(4) (Reserved)
(5) Wherever the percentage translates into a fractional number of units, such fraction shall be rounded to the next highest number. (c) Regulations on affordability and price controls. The Rules and Regulations of COAH are incorporated herein by reference as they relate to affordability controls, resale provisions, rent control provisions, duration Of regulations and the phasing of low- and moderate-income construction.
(d) Relief.
(1) There shall be in every application for development brought before either the Teaneck Planning Board or Teaneck Zoning Board of Adjustment a rebuttable presumption of the reasonableness of setting aside twenty percent (20%) of the proposed new units of rehabilitated or new construction for low-and moderate-income housing.
(2) Under the particular facts of a particular application, the Planning Board or Zoning Board of Adjustment may grant appropriate relief from the provisions of this section by way of variance, pursuant to the procedures established under N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law. Nothing herein shall be deemed to reduce, restrict or abrogate the statutory responsibility of the aforesaid Boards, but it is the intent and purpose of this section to set forth the township's responsibility to comply with the constitutional mandate to help foster development of low- and moderate-income rehabilitative or new construction housing when reasonably feasible. (Ord. No. 3170, 9-27-1988, § 1; Ord. No. 3176, 11-10-1988, § 1; Ord. No. 3189, 12-13-1988, § 1; Ord. No. 3237, 10-24-1989, § 1.)
(a) Purposes. The purposes of this section are to:
(1) Promote economic growth and employment within the Cedar Lane business district.
(2) Foster and encourage self-help programs to enhance the local business and investment climate.
(3) Create a self-financing Special Improvement District to fund an ongoing program of promotions, design, economic restructuring and organization consistent with the New Jersey Main Street Program.
(4) Designate the Teaneck Economic Development Corporation to act as the district management corporation to administer the funds collected for the Special Improvement District and implement the Main Street Program.
(b) Landings. The Township Council hereby makes the following landings:
(1) The Cedar Lane area from Palisade Avenue to River Road (as set forth on Schedule A) has become the most concentrated center of commercial activity within Teaneck and is the heart of the central business district.
(2) Revitalization of Cedar Lane is a primary goal of the Township Council.
(3) The retail area along Cedar Lane has certain special needs requiring additional services not otherwise provided throughout the community, such as daily litter patrol, the funding of facade improvements, including signs and awnings, seasonal events attracting shoppers to the area, holiday lighting and other business attraction activities.
(4) In order to meet these special needs, a strong cooperative public and private participation in redevelopment, rehabilitation and beautification is required.
(5) To these ends the Teaneck Economic Development Corporation has recommended the establishment of a Special Improvement District to assist in meeting the aforesaid needs, goals and objectives and to be a benefit to the areas of the township so designated and set forth in Subsection (c) hereof,
(6) The designation of a District Management Corporation, as set forth in Subsection (d) hereof, will provide administrative and other services to benefit the businesses, employees, residents, property owners and consumers in the Special Improvement District.
(7) The imposition and collection of special assessments on properties within the Special Improvement District will help defray the cost of providing needed additional municipal services not provided elsewhere throughout the township and will enable the District Management Corporation to carry out its functions and duties.
(8) The creation of a Special Improvement District and the designation of a District Management Corporation will promote economic growth and employment, foster and encourage self-help programs, enhance the local business climate and otherwise be in the best interests of the Township of Teaneck.
(c) Establishment. There is hereby established and designated a Special Improvement District within the township, as more particularly described in Schedule A annexed hereto and made part hereof, which schedule lists and describes, by lot and block numbers and by street addresses, all properties in the Special Improvement District.
(d) Designation of District Management Corporation.
(1) The Teaneck Economic Development Corporation, a corporation heretofore incorporated pursuant to Title 15A of the New Jersey Statutes, is hereby designated as the District Management Corporation to receive funds collected from the special assessments and to assist in the management of the, Special Improvement District designated herein.
(2) In order to receive any funds or exercise any of the powers granted hereunder, at least one (1) member of the District Management Corporation must be a member of the Council of the Township of Teaneck, and one (1) member must be a business operator in the district.
(3) The District Management Corporation shall have the following powers in addition to such other powers that may be provided by law:
a. Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations and policies in connection with the performance of its functions and duties.
b. Employ such persons as may be required and fix and pay their compensation from funds available to the Corporation.
c. Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money.
d. Make and execute agreements with other persons, firms, corporations, government agencies or other entities.
e. Administer and manage its own funds.
f. Borrow money from private lenders for periods of not more than one hundred eighty (180) days and from governmental entities for that or longer periods subject to the approval of the Township Council.
g. Fund the improvement of exterior improvements of private properties in the District through a grant or loan program.
h. Fund the rehabilitation of private properties in the district through a grant or loan program.
i. Accept, purchase, rehabilitate, sell, lease or manage property in the district.
j. Enforce the conditions of any loan, grant, sale or lease made by the Corporation.
k. Provide security, sanitation and other services to the district supplemental to those provided normally by the municipality.
l. Undertake improvements designed to increase the safety or attractiveness of the district to businesses which may wish to locate there or to visitors to the district, including but not limited to litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities and those improvements generally permitted for pedestrian malls under Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66). pursuant to pertinent regulations of the governing body.
m. Publicize the district and the businesses included within the district boundaries.
n. Recruit new businesses to fill vacancies in and to balance the mix of the district.
o. Organize special events in the district.
p. Provide special parking arrangements in the district.
q. Provide temporary decorative lighting in the district.
(e) Exercise of police powers.
(1) Notwithstanding the designation of the Special Improvement District or the District Management Corporation, the Township of Teaneck shall retain its powers and other rights and powers relating to the streets or parts thereof included within the Special Improvement District.
(2) Nothing contained herein shall be interpreted or construed to be a vacating, in whole or in
part, of any township street or part thereof.
(3) The District Management Corporation shall not make or enter into any improvements or maintenance services within the Special Improvement District nor adopt any regulations pertaining to such district without the approval of the Council of the Township of Teaneck.
(4) The District Management Corporation shall comply with all applicable ordinances of the Township of Teaneck.
(f) Special assessments. The Council may, by separate ordinance or amendment hereto, provide that the costs of improvements and facilities within the Special Improvement District may be financed and specially assessed or taxed to the properties specially benefitted thereby within the Special Improvement District, as provided by law.
(g) Annual report, budget, audit.
(1) The Township Manager, with the assistance of the District Management Corporation, shall, in January of each year, report to the Council an estimate of the cost of operating and maintaining and annually improving the Special Improvement District for the next fiscal year. The projected budget for the initial year has been filed with the Township Manager prior to introduction of this section.
(2) In addition to the foregoing, for each year, the District Management Corporation shall submit a budget for review to the Township Manager in November of each year; and thereafter, as set forth in Subsection (g)(1) above, the Township Manager shall forward such budget, together with his own review and recommendations, to the Council, for the review and approval of the Council.
(3) The annual report and budget shall be reviewed, amended or approved by the Council, in accordance with law.
(4) Annual costs with respect to the Special Improvement District, as approved in the report and budget, may be specially assessed or taxed to benefitted properties or businesses within the Special Improvement District, as provided by law.
(5) The District Management Corporation shall, within sixty (60) days after the close of its fiscal year, make an annual report of its activities for the preceding fiscal year to the Council.
(6) The District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the governing body of the municipality within four (4) months after the close of the fiscal year of the corporation, and a duplicate of the report shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs within five (5) days of the filing of the audit with the governing body of the municipality.
(7) The fiscal year shall commence on January 1 and end on December 31 of the same year.
(8) Total administrative costs of all lands shall not exceed thirty-five percent (35%) of the total annual budget of the District Management Corporation for any one (1) fiscal year.
(h) Annual assessments.
(1) In order to fund the operations of the Special Improvement District not otherwise provided for by special assessments pursuant to Subsection (f) hereof, there is hereby established an annual assessment for properties within the Special Improvement District.
a. The annual assessment for commercial properties shall be twenty cents ($0.20) per one hundred dollars ($100.) of assessed valuation for each block and lot in the district.
b. The annual assessment for residential properties shall be twenty cents ($0.20) per one hundred dollars ($100.) of assessed valuation for each block and lot in the district.
(2) The aforesaid annual assessment shall be on a calendar-year basis and may be changed by the Council by amendment to this section.
(i) Delegation of work.
(1) The Township of Teaneck may, by resolution of the Council, delegate to the District Management Corporation the contracting of work to be done on any street or streets or other city-owned property included within the Special Improvement District.
(2) The District Management Corporation, with respect to all such work, shall be a contracting unit within the meaning of the Local Public Contracts Law and shall comply with all provisions thereof.
(3) The plans and specifications for the work to be contracted shall be approved by the Township Manager and any other staff that the Manager and Council deem necessary for approval prior to any action for the awarding of any contract hereunder.
(j) No limitation of powers.
(1) Nothing contained herein shall prevent the Council at any time subsequent to the adoption of this section, by ordinance, from abandoning the operation of the Special Improvement District, changing the extent of the Special Improvement District, supplementing or amending the description of the Special Improvement District to be specifically assessed or taxed for annual costs of the Special Improvement District, changing or repealing any plan, rules, regulations or limitations adopted for the operation of the Special Improvement District or rescinding the designation of or redesignating a District Management Corporation.
(2) Nothing contained herein shall preclude or prohibit the Township of Teaneck from including the Special Improvement District within the bounds of any area, district or zone, established pursuant to law, which has as one (1) of its purposes the encouragement or the concentration of improvements or the rehabilitation of properties located within those bounds or the inducement of private enterprise to locate within those bounds. (Ord. No. 3425, 6-13-1995, § 1.)
