(a) Design standards generally. The site plan shall conform to standards that will encourage good development patterns within the township and consistency with the requirements of the Zoning Ordinance. Subject to the waiver provisions of Section 33-2, the site plan shall conform to the proposals and conditions shown on the Official Map and Master Plan, with particular deference to the circulation plan and conservation plan elements of the Master Plan.

(b) Specific design standards. The standards and specifications of Section 33-15 relating to

subdivisions are incorporated herein by reference. In addition thereto, the following shall apply, subject to the zoning criteria in Article V hereof:

(1) Mood hazard areas. Land subject to periodic or occasional flooding shall not be designed for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces, yards or other similar uses, in accordance with floodplain regulations of the township, state and federal government.

(2) Relation of proposed buildings to environment. Proposed structures shall be related

harmoniously to the terrain and to existing buildings in the vicinity that have visual relationship to the proposed buildings without being excessively similar or excessively dissimilar. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. An environmental impact statement may be required as provided in Section 33-19 hereof

(3) Drives, parking and circulation. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, bicycle and vehicular traffic and arrangement of parking areas that are safe and convenient and do not detract from the design of proposed buildings and structures and the neighboring properties. Treatment and design of proposed screening shall be shown. All parking spaces shall be usable and safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site. A development application relating to property within one thousand feet of a school shall give special consideration to the pedestrian and vehicular traffic generated by said school and the proposed development, and adequate safeguards shall be designed into the site plan to protect against adverse effects upon school children. The Traffic Engineering Handbook, published by the Institute of Traffic Engineers, Washington, D.C., Third Edition, 1965, or later, shall be followed with respect to parking, loading and similar design standards.

(4) Lighting. All area lighting for parking lots and security in nonresidential areas shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of 0.5 foot-candle over the entire area with a maximum of 1.0 foot-candle at any point. Outdoor lighting for all purposes, except the lighting of one- and two-family dwellings, but including the lighting of accessory uses, shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting source shall be visible from windows nor shall lighting shine directly into or reflect into windows. No lighting source shall be visible from streets and driveways nor shall lighting shine directly or reflect onto streets and driveways to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor be a beam of a rotating, pulsating or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to site plan approval by the approving authority. The objective of these specifications is to minimize undesirable off-site effects. This regulation shall not apply to lights used at the entrance or exit of service drives.

(5) Advertising features. The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures of features shall not detract from the design of proposed buildings and structures and the surrounding properties nor create confusion with traffic or any other signs. Included are off-site directional signs.

(6) Special features. Exposed storage areas, exposed machinery installations on all levels, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

(c) Signs. Signs are permitted in all districts in accordance with the regulations hereinafter set forth, except that regulations for signs in the RR-M, RC-1, RC-2 and RC-3 Redevelopment Districts are set forth in Section 33-24 and take precedence:

(1) Residential nameplate. One nameplate per dwelling unit, which may be illuminated, situated within the property lines and not exceeding 72 square inches in area on any one side.

(2) "For sale," 'for rent" and "open house" signs. One nonillumimated temporary sign per lot may be placed on the lot for sale or for rent and on no other place, and such sign may contain the word "owner" and the telephone number or, alternatively, it may identify by name and telephone number the New Jersey licensed real estate broker, if any, given the right to sell or lease the property and/or use the word "broker." In the case of "open house" signs, such sign may be displayed on the property in addition to a "for sale" or "for rent" sign if the broker or owner is having an "open house" that has been publicly advertised in newspapers or in the realtor's multiple listing system. Said open house sign shall not be displayed more than 1/2 hour prior to the advertised time of the "open house,' and shall be removed no later than 1/2 hour after the advertised time of the open house, and said "open house" sign shall not exceed four square feet on any one side, may have the real estate logo (R) and permit a six-by-twenty-four-inch feature strip and shall not be placed beyond or outside of the lot line of the property for sale or for rent. In the case of "for sale" and "for rent" signs, the following additional criteria shall apply:

a. If relating to a residential lot or building, the sign shall not exceed four square feet in an area on any one side. If relating to a nonresidential lot or building, the sign shall not exceed two square feet for each foot of front wall width or 12 square feet, whichever is less, except in the L-I District where the sign may be as large as 50 square feet.

b. The sign shall be removed from the premises within two days after a contract for sale or lease of the premises has been executed, whether or not contingent upon the happening of a future event such as a mortgage commitment or subdivision approval.

c. No signs are permitted in the R-S or R-M Districts advertising the property as having been sold or leased.

(3) Political signs. One temporary political sign per lot, affixed to a building. Freestanding signs and the use of vacant lots are prohibited. The following additional criteria shall apply:

a. The sign shall not exceed six square feet in area.

b. The sign shall be constructed of such material that it will not readily tear, and it shall be affixed so that it will not readily become detached.

c. The sign shall not be posted or displayed prior to 30 days before the election or referendum day to which it relates and shall be removed within five days after said election or referendum day.

d. The sign shall not be posted or displayed in such a manner as to obstruct or substantially interfere with any window, door, stairway, fire escape or opening designed to provide light and air or ingress and egress to any building.

e. No consideration in money or money's worth shall be given or received for the display of a political sign.

f. Notwithstanding anything to the contrary contained in this or any other section of this Code, there shall not be any restrictions on the use or placing of political signs on residential property.

(4) Home professional office signs. One sign per dwelling unit, which may be illuminated, identifying the name and profession of the resident, not exceeding one square foot in area on any one side nor exceeding two feet in length on any one side. No sign or other display relating to a home occupation, which is visible from the outside of the building, is permitted.

(5) Business signs. Exterior business signs in accordance with the following criteria:

a. One sign for each occupancy of the building, which shall be placed or inscribed upon the front facade of the building.

b. If the building faces more than one public street, one additional sign for the occupant of the building whose premises faces in the secondary street, placed or inscribed upon the facade adjoining the secondary street.

c. If the rear or side of the building contains a public entranceway adjoining a public or private off-street parking area, one additional sign for each occupancy of the building facing said parking area, which shall be placed or inscribed upon the facade adjoining the off-street parking area.

d. A business sign or signs shall be used for the following purposes only:

1. To identify the premises, occupant or owner of the premises.

2. To identify the trade, business, industry or profession being conducted on the premises. Logo identification which is used to advertise a national product, such as "Coca Cola" or "We sell Kodak film," shall not be deemed to be a permitted purpose hereon. Personal logos, not used to advertise a product, are permissible.

e. The size, placement and design of business signs shall be limited as follows:

1. The area of each sign on the front facade of a building with a storefront must measure two feet in height and must extend the entire width of the storefront or measure a maximum of 60 square feet, whichever is less. The area of each sign on a front facade of a building without a storefront shall measure two feet in height and shall not exceed a total of 24 square feet.

2. The area of each sign on the side facade or rear facade of a building shall be mounted at the same elevation as the front facade sign, shall measure two feet in height and shall not exceed a total of 24 square feet.

3. Sign lettering.

[i] All signs shall be light letters, including gold leaf and silver leaf, on a dark background. The dark background colors shall be burgundy/maroon, dark green, dark blue, dark brown or black.

[ii] The height of a letter shall not exceed 18 inches. The height of an initial capital letter shall not exceed 24 inches. The height of a personal logo shall not exceed 24 inches. In the event that two or more lines of lettering are used, the combined height of all the lines shall not exceed 18 inches.

[iii] A sign shall be lettered with a maximum of two different fonts.

[iv] Sign letters shall not occupy more than 80% of the storefront or sign length or width.

4. Each business sign shall be erected parallel to the face of the facade, not projecting more than three inches therefrom, nor projecting above the top or beyond either side of the facade. The bottom of each sign shall be at least eight feet above the highest point of the finished grade along the applicable facade.

5. Business signs for each occupant in a building with multiple occupants shall be uniform in height, color and letter font type.

f. Advertising and/or identification of membership in a retail or professional organization or credit card, credit association or plan or manufacturers' identification or legally required licenses, when attached to or painted on a window of any structure, alone or in combination with a permitted business sign placed upon the same window, shall not exceed 30% of the square footage of the total clear glass or glazing area.

g. Business signs may not be internally illuminated and shall not be erected, painted or composed of neon, fluorescent, phosphorescent or similar material. Illuminated signs shall have sources of illumination shielded in such a manner that the same are not visible from the street or adjoining properties, and no sign shall be illuminated by lighting of intermittent or varying intensity, nor shall any illumination be of any color light other than white. Sign brightness shall not exceed the value of one-thousand-two-hundred-fifty-foot lamberts, as measured by a Tektronic digital photometer or similar instrument. The Building Inspector may require a certificate of compliance issued by a qualified person or firm. Individual self-supportive lighting fixtures for external illumination of signs may project beyond the property line, if necessary, not to exceed 30 inches.

h. No business sign shall be, in whole or in part, moving, flashing, animated, mobile or revolving.

i. The foregoing criteria [Subsections (c)(5)a through h] shall not apply to the following exterior business signs, which are permitted subject to the following limitations:

1. A professional nameplate affixed to the door or exterior wall of ;a premises so used, not to exceed eight inches by 20 inches per professional occupant.

2. A memorial sign or tablet indicating the name of a building or the date of its erection, which is cut into the masonry surface or constructed of bronze or other incombustible material.

3. Signs for public convenience and welfare erected by or on behalf of the United States of America, the State of New Jersey, the County of Bergen or Township of Teaneck, traffic controls in private ways and parking lots, legal notices, railroad crossing signs, historic markers approved by the Township Council or other signs as required by law.

4. Temporary signs, customary and necessary in connection with the erection of new buildings, limited to one sign for each construction project and including only the identification of the project, the building, architects, engineers and contractors. Such sign may be freestanding or attached to the premises but shall not exceed 12 square feet in area and shall be removed at the completion of construction or at the expiration of 12 months from the date of original installation, whichever occurs first in time.

5. The interior contents of lawfully permitted signs specifically designed to be changed from time to time, such as church announcement boards, theater marquees, restaurant menus and the like.

6. Temporary signs for public and charitable purposes, including exterior decorating for holiday or patriotic purposes, for a period of time not to exceed one month.

j. In the L-I District and B-2 District, freestanding business signs are permitted in lieu of business signs affixed to the building facade, as follows:

1. Not more than one freestanding sign shall be erected for each 100 feet of frontage on a public street.

2. The aggregate area of the sign's two sides shall not exceed 50 square feet.

3. No freestanding sign shall be located within 20 feet of the boundary line of the property where

it adjoins a public street or within 20 feet of a public or private off-street parking area or interior driveway or within 50 feet of the boundary of a residential district.

4. The bottom of a freestanding sign shall be no less than four feet above the finished grade at the base of the sign, and the top of a freestanding sign shall be no greater than 12 feet above the finished grade at the base of the sign.

k. All exterior business signs and the related structural supports located on or above the roof of any building or which project more than the permitted three inches from the front facade of any building shall be removed within 20 days after the business to which it is accessory ceases to operate under the name reflected on the sign.

l. Any sign which identifies a nonresidential use and is in a language other than the English language shall include comparable wording of equal size lettering in the English language.

(6) Miscellaneous provisions.

a. Freestanding traffic control signs are permitted in addition to signs affixed to the building facade or freestanding business signs, provided that:

1. The signs provide traffic directions only.

2. The top of the traffic control sign shall be no greater than six feet above the finished grade at the base of the sign.

3. The size, color and design of such sign shall conform to the latest Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, Federal Highway Administration.

b. Noncommercial exterior signs are permitted, not exceeding two square feet, including but not limited to the designation of rest rooms, telephone location, restrictions on smoking and exitways.

c. All illuminated signs shall be shielded so as to prevent glare, and no sign shall be illuminated by lighting of intermittent or varying intensity, nor shall any sign be of any color light other than white.

d. No sign shall be permitted accessory to a boardinghouse and/or rooming house indicating such a use.

e. One sign illuminated by white light only shall be permitted identifying a school, house of religious worship, public building or any other such public or quasi-public use, affixed to a suitable post or upon the facade of the building, located not fewer than 10 feet from any street or property line and not exceeding four feet in length on any one side.

f. Banners, streamers, flags, spinners, bunting and similar devices are prohibited except in conjunction with the opening of a business,, in which event such display shall not exceed 30 days from the opening date of said business.

g. One temporary sign per lot may be affixed to a 'building, identifying the campaign headquarters of a political candidate or candidates. The following additional criteria shall apply:

1. The area of the sign on the front facade of a building shall not exceed two square feet for each foot of front wall width or 125 square feet, whichever is less. The area of the sign on the side facade or rear facade of a building shall not exceed one square foot for each foot of front wall width or 62 square feet, -whichever is less.

2. Each sign shall be erected parallel to the face of the facade, not projecting more than 12 inches therefrom, nor projecting above the top or beyond either side of the building facade. The bottom of the sign shall be at least eight feet above the highest point of the finished grade along the applicable facade.

3. The sign shall be constructed of such material that it will not readily tear, and it shall be affixed so that it will not readily become detached.

4. The sign shall not be posted or displayed prior to 90 days before the election or referendum to which it relates and shall be removed within 15 days after said election or referendum.

5. The sign shall not be posted or displayed in such a manner as to obstruct or substantially interfere with any window, door, stairway, fire escape or opening designed to provide light and air or ingress to and egress from to any building.

h. Any person who violates the provisions of Section 33-18(c) shall, after conviction, be punishable by a fine of not more than $200 or by 30 days in jail or both.

(d) Outdoor cafes.

(1) Purpose. The purpose of this subsection is to establish a procedure and authorize rules and regulations thereunder for the licensing of outdoor cafes in the B-1 Business-Retail Zone and the B-R Special Business-Residential Zone of the township.

(2) Definitions. For the purpose of this subsection, the following words or terms shall have the following meanings:

OUTDOOR CAFE . An accessory use to a restaurant or fast-food restaurant, as defined in Chapter 33 of the Township Code, Section 33-3, where food and other refreshments are served upon the public right-of-way, namely the sidewalk, as defined herein, immediately in front of any such restaurant or where permitted herein on private property.

SIDEWALK . The area of the public right-of-way reserved for pedestrian traffic from the curb to the front property line of the building housing a restaurant.

(3) It shall be unlawful for any person, firm, partnership, corporation, association or organization of any bland (hereinafter collectively referred to as `person" to create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks of the township, unless such person shall hold a currently valid certificate of use issued pursuant to the terms of this subsection.

(4) No certificate of use shall be issued hereunder unless the holder of the certificate of use (hereafter "permittee") shall demonstrate:

a. Ownership of the restaurant to which the outdoor cafe is accessory;

b. That the property allows a minimum of six feet of unobstructed sidewalk for pedestrian traffic around such outdoor cafe; and

c. That such outdoor cafe be directly in front of the restaurant to which the outdoor cafe is accessory. The term "directly in front of" shall confine the outdoor cafe to the area represented by an extension of each side of the front of the building occupied by the restaurant, projected to the curbline immediately in front thereof.

(5) Separate application for the certificate of use required hereunder shall be made to the Construction Code Official for each location and shall be signed by the applicant, under oath.

a. The application shall contain the following information:

1. The name, residence address and telephone number of each individual, owner or partner; or, if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a ten-percent or greater interest in the corporation and the chief operating executive of the corporation; and, if a non-domestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said non-corporation to conduct business in the State of New Jersey.

2. A copy of the assumed business, if any, in which the applicant intends to establish or operate an outdoor cafe.

3. The address and description of the place where the applicant intends to establish or operate an outdoor cafe.

4. The name and address of the person owning the premises, if other than the applicant, and the consent of the owner of the premises to the application.

5. A copy of a location survey, prepared by a surveyor, licensed in the State of New Jersey, of the subject premises.

6. Three sets of a proposed layout plan containing scaled drawings, prepared by an architect licensed in the State of New Jersey, clearly illustrating the number, type of materials, color and location of all tables, chairs, umbrellas or other furnishings or fixtures intended to be located in the outdoor cafe.

b. The scaled drawings shall also illustrate the following

1. The location of any doors leading from the eating establishment to the outdoor cafe. No such doors may be obstructed in any manner.

2. The number of feet and location of unobstructed space permitted for free passage of pedestrian traffic around each outdoor cafe.

3. The interior location, at or near the doors leading from the eating establishment to the outdoor cafe, where any food or drink is intended to be prepared.

4. The location of all fire hydrants, parking meters, utility poles, benches, handicap ramps, street furniture trees, and any other fixtures permanently located on the sidewalk in front of the eating establishment or within 10 feet thereof on either or any side.

5. An application fee as set forth in the township code.

(6) The Construction Code Official shall review the application for completeness and compliance with the terms of this subsection. If the application is complete, the Construction Code Official will act upon the same within 10 business days of the submittal of the application. If the application is not complete, the Construction Code Official will so notify the applicant within 10 business days of the submission and specifically detail the areas in which the application lacks compliance with the requirements of this subsection.

(7) If the application complies with this subsection, the Construction Code Official shall issue a certificate of use strictly subject to the terms and conditions of this subsection.

(8) The certificate of use is personal to the applicant, and any change or transfer of ownership of the restaurant to which the outdoor cafe is accessory shall terminate the certificate of use and shall require new application and a new certificate of use in conformance with all of the requirements of this subsection.

(9) Acceptance of the certificate of use by the applicant shall operate as a consent to the health, fire, police and building officials of the township to inspect the outdoor cafe for continued compliance with the terms and conditions of this subsection and any federal, state, county or local law, ordinance or regulation affecting the same.

(10) Indemnification requirement. No certificate of use required by this subsection shall be granted to any person to operate an outdoor cafe until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the township, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorney fees, which they are required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the certificate of use is issued.

(11) Liability insurance requirement.

a. No certificate of use required by this subsection shall be granted to any person to operate an outdoor cafe until such person shall have first filed with the Construction Code Official a comprehensive general liability policy issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverages set forth below in the amounts specified. Such insurance policy shall name the Township of Teaneck, Paul A- Volcker Municipal Green, 818 Teaneck Road, Teaneck, New Jersey 07666, its agents, officers, servants, representatives and employees as additional insured with respect to the operation and maintenance of the outdoor cafe in the following amounts:

b. The insurance coverage required by this subsection shall at all times be maintained for the full amount. The policy of insurance required by this subsection to be filed with the Construction Code Official shall contain a clause obligating the company issuing the same to give not fewer than 30 days' written notice to the Township Clerk before cancellation or amendments of any of the terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising before the cancellation becomes effective. The cancellation of any such policy shall have the immediate affect of suspending the certificate of use of such person to operate the outdoor cafe covered thereby until a new policy complying with the provisions of this subsection is filed with the Construction Code Official and a letter in writing confirming the new effective date of the certificate of use is issued by the Construction Code Official.

(12) Every insurance policy required hereunder shall contain a provision for continuing liability thereunder to the full amount thereof notwithstanding any recovery thereon, that the liability of the insured shall not be affected by the insolvency or the bankruptcy of the insured and that until the policy is canceled the insurance company will not be relieved from liability on account of nonpayment of premium or of any act or omission by the named insured. Such policy of insurance shall be further conditioned for the payment of any and all judgments up to the limits of such policy.

(13) Revocation or suspension of certificate of use. Any certificate of use issued hereunder is issued solely as a revocable certificate of use, which shall be subject to revocation or suspension by the Township Manager for failure of any permittee to comply with this subsection or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. Any certificate of use issued hereunder is issued upon the express understanding that the permittee obtains no property rights thereunder nor any interest in the continuation of said certificate of use.

(14) It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable certificate of use.

(15) Each permittee is responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that the business closes and at the beginning of each business day, but not later than 9:00 a.m.

(16) No vending machines of any land shall be permitted on the exterior of any building operating an outdoor cafe. No food or drinks served at such outdoor cafe shall be prepared or stored other than in the interior of the restaurant.

(17) Signs. No signs shall be permitted in the area of the outdoor cafe except signs on awnings and/or canopies complying with Section 33-18 of the Township Code. Outdoor umbrellas located in an outdoor cafe shall be exempt from Section 33-18.

(18) In addition to the powers of suspension or revocation as set forth above, the township reserves the fight to modify, suspend or revoke any certificate of use on 10 days' written notice if it is determined by the appropriate Code Enforcement Official that pedestrian traffic is impeded or made unsafe because of the operation of an outdoor cafe or because of any other safety issue which a Code Enforcement Official determines to adversely affect the public interest. The certificate of use may also be suspended or revoked on 10 days' written notice in the event that it is determined that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities. In the event of an emergency, as certified by the Township Manager, the certificate of use may be suspended or revoked without notice.

(19) Outdoor cafes shall be permitted to operate from April 1 to October 1 in the calendar year. The certificate of use, when issued, shall be valid for one season.

(20) No tables, chairs or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the township within or near the permitted area.

(21) The permittee agrees that, at the end of each business day, all tables, chairs, furnishings or fixtures for cafe purposes shall be removed from the sidewalk. Failure to do so shall grant to the township the right to remove any property on the sidewalk, and the permittee agrees to reimburse the township for the cost of removing and storing the same.

(22) The permittee shall not direct or permit to be directed to or from the area occupied by the outdoor cafe any bell, chime, siren, whistle, loudspeaker, public address system, radio, sound amplifier, musical instrument or similar devices.

(23) No outdoor cafe shall open for business prior to 7:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.

(24) The permittee agrees to clean every table immediately after use. No paper or plastic or any type of disposal utensil, glass, cup or plate may be used within the outdoor cafe. (Ord. No. 1859, 5-27-1980, § 5; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 3474, 10-8-1996, § 1; Ord. No. 3478, 10-8-1996, § 1.)