VILLAGE OF RIDGEFIELD PARK
ORDINANCE NO. 05-07
AN ORDINANCE TO AMEND, REVISE AND
SUPPLEMENT CHAPTER 96 OF THE CODE OF
THE VILLAGE OF RIDGEFIELD PARK, TO LIMIT
AND RESTRICT TO SPECIFIC DISTRICTS, AND
TO REGULATE THEREIN BUILDINGS AND
STRUCTURES ACCORDING TO THEIR
CONSTRUCTION, AND THE NATURE AND
EXTENT OF THEIR USE IN THE VILLAGE OF
RIDGEFIELD PARK, COUNTYOF BERGEN AND
STATE OF NEW JERSEY, AND TO PROVIDE FOR
THE AMINISTRATION AND ENFORCEMENT
THEREOF AND TO FIX PENALITES FOR
VIOLATIONS THEREOF AS AMENDED, REVISED
AND SUPPLEMENTED
WHEREAS, The Planning Board of the Village of Ridgefield Park has heretofore
made a re-examination of the Master Plan in accordance with N.J.S.A. 40:55D-89 and
other applicable statutes; and
WHEREAS, the Planning Board, as a result of a re-examination of the Master
Plan, has recommended that Chapter 96 of the Code of the Village of Ridgefield Park
should be revised, amended and supplemented; and
WHEREAS, it is the desire of the Board of Commissioners of the Village of
Ridgefield Park to adopt an Ordinance entitled, “An Ordinance to Amend, Revise and
Supplement Chapter 96 Of The Code Of The Village Of Ridgefield Park, To Limit And
Restrict To Specific Districts, And To Regulate Therein Buildings And Structures
According To Their Construction, And The Nature And Extent Of Their Use In The
Village Of Ridgefield Park, County Of Bergen And State Of New Jersey, And To
Provide For The Administration of Penalties And Enforcement Thereof And To Fix
Penalties For Violations Thereof As Amended, Revised and Supplemented”, which shall
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amend, revise and supplement Chapter 96 of the Code of the Village of Ridgefield Park
in accordance with the Planning Board’s recommendations.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of
the Village of Ridgefield Park that Chapter 96 of the Code of the Village of Ridgefield
Park, entitled “Zoning Ordinance of the Village of Ridgefield Park” is hereby revised,
amended and supplemented as follows:
SECTION 1: AMENDMENTS TO ARTICLE II, ENTITLED “DEFINITIONS AND WORD
USAGE”.
The following definitions in Section 96-2.2, entitled “Definitions”, are hereby
amended as follows:
BASEMENT: The portion of a building which is partly below and
partly above grade. A basement shall be considered a story where
the finished surface of floor above a basement is:
1. More than 6 feet above the grade plane.
2. More than 6 feet above the finished ground level for more than
50% of the total building perimeter.
3. More than 12 feet above the finished ground level at any point.
CELLAR: The portion of the building which is partially or
completely below grade and does not qualify as a basement. No
portion of a cellar shall be used as a dwelling unit.
HABITABLE SPACE: Living space and rooms other than common
hallways, cellar, storage space, garage areas or any area where the
ceiling height is more than 7’-6” or greater.
HOUSING FOR THE ELDERLY: Multifamily housing regulated and
operated in accordance with 42 USCA §3607(b)2(A), and 42
USCA §3607(b)(2)(B) . (Also known as senior citizen housing,
housing for older persons and age-restricted multifamily housing).
SITE PLAN, EXEMPT: Deleted.
SECTION 2: AMENDMENT TO ARTICLE IV, ENTITLED “DISTRICT REGULATIONS”.
Section 96-4.1, entitled “SCHEDULE OF REGULATIONS” is hereby amended
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as follows:
The restrictions and controls intended to regulate
development in each district, including the C-1(H) zone, I-1
zone, OP-1 zone and OP-2 zone, are hereby amended and
supplemented to include an amended schedule of
limitations for the C-1(H) zone, the I-1 zone, the OP-1
Office Park District, and a new OP-2 Office Park District,
as set forth in this Ordinance in Schedule 3.
A new Section 96-4.4, entitled “AFFORDABLE HOUSING OBLIGATIONS”, is
hereby created and states as follows:
96-4.4 AFFORDABLE HOUSING OBLIGATIONS.
All applicants for the construction of any new buildings, or
additions to new buildings, whether they be residential,
commercial, or industrial, shall be required to comply with
the applicable regulations promulgated by the New Jersey
Council On Affordable Housing, N.J.A.C. 5:94 to 5:95, et
seq, as well as any provisions contained in the Fair Housing
Act, N.J.S.A. 52:27D-301, et seq, at the time the
application is approved by the Ridgefield Park Planning
Board or the Zoning Board of Adjustment. Any applicant
may be required to contribute to the affordable housing
trust fund maintained by the Village of Ridgefield Park,
and/or construct affordable housing units within the Village
of Ridgefield Park, in accordance with the above rules and
regulations, and in accordance with the Code of the Village
of Ridgefield Park.
SECTION 3: AMENDMENTS TO ARTICLE V, ENTITLED “SUPPLEMENTARY LOT, HEIGHT
AND YARD REGULATIONS”.
A new subsection “h” is hereby added to Section 96-5.1 “LOT REGULATIONS”,
which shall read as follows:
h. Nonconforming Lots Existing as of October 22, 1968.
Any nonconforming lot existing on or before October
22, 1968, for use as a single family dwelling, may have
a building permit issued without an appeal for a
variance, provided the new structure or addition
does not violate the building coverage requirements,
any height or setback requirements and the parking
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requirements, as are forth in this zoning ordinance.
Section 96-5.2, entitled “HEIGHT REGULATIONS” is hereby amended as
follows:
a. General Application.
No building or structure shall have a greater number of
stories or greater number of feet than are permitted in the
district where such building is located.
All rooftop appurtenances shall be appropriately
screened from all adjoining properties with architectural
screening, the material, color and composition of which
shall be approved by the Planning Board.
b. Permitted Exceptions.
Height limitations stipulated elsewhere in this chapter
shall not apply to church spires, belfries, cupolas and
domes, monuments, chimneys, flagpoles, fire towers,
water towers or to necessary mechanical appurtenances
or to parapet walls, except that no parapet wall may
extend more than four (4’) feet above the limiting height.
c. Building Height in the OP-1 Zone.
There shall be no limitation on building height in the
OP-1 Zone District.
d. Building Height in the OP-2 Zone.
There shall be no limitation on building height in the
OP-2 Zone District.
e. Height of a Principal Structure which Exceeds the
Maximum Building Height in the Zone District.
The height of any principal structure that exceeds the
maximum building height within the zone district in
which it is located by ten (10’) feet or ten (10%) percent
of the maximum height shall constitute a d(6) variance
under NJS 40:55D-70. Under these conditions, the
Board of Adjustment shall have exclusive jurisdiction
over the application.
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Section 96-5.9, entitled “ADDITIONAL REGULATIONS IN THE OP-1 ZONE”
is hereby deleted in its entirety and replaced with the following section:
a. Maximum Height in the OP-1 Zone
There shall be no maximum building height.
b. Area, Yard, and Bulk Regulations
1. The minimum lot size shall be two (2) acres, with an
average lot size of three (3) acres, throughout the
district
2. The floor area ratio shall not exceed two and five tenths
(2.5), except the floor area ratio may be increased in
accordance with the following schedule, provided that no
other violations of this chapter are created in the process:
For each one thousand (1,000) square feet of lot area that
is landscaped, as approved on the site plan, an additional
one thousand (1,000) square feet of gross floor area may
be added to the building; for each lot that is larger than
three (3) acres, the floor area ratio may be increased fivehundredths (0.05) of each multiple of forty thousand
(40,000) square feet of lot area (fractional lot area are not
permitted).
The floor area ratio shall not be increased by more than
five-tenths (0.5) to a maximum of four and zero-tenths
(4.0) through the application of these exceptions.
3. No structure shall be closer to any street right-of-way
line or to any property line than thirty (30) feet for
buildings not in excess of one hundred fifty (150) feet in
height. For buildings in excess of one hundred fifty
(150) feet, the setback requirement shall be increased by
one (1) foot for each additional foot of building height.
4. The maximum building coverage shall be as follows:
Maximum Coverage
(percent)
Number of Stories
40
36
1 to 5
6 to 8
5
32
28
24
20
9 to 11
12 to 14
15 to 17
18 Plus
5. The maximum impervious lot coverage (building plus
paving plus parking lots and parking garages and other
impervious surfaces) shall not exceed seventy-five
(75%) percent. The remaining twenty-five (25) percent
shall be landscaping.
c. Minimum Off-Street Parking
1. Offices: one (1) space per two hundred fifty (250)
square feet of gross floor area.
2. Hotels and Extended Stay facilities: one (1) space per
room plus one (1) space per employee on the maximum
shift.
3. Utilities: one (1) space per one thousand five hundred
(1,500) square feet of gross floor area.
4. Restaurants: one (1) space for every three (3) seats.
5. Research facilities and pilot plants: one (1) space for
each one thousand (1,000) square feet of gross floor
area, but not less than one (1) space per employee.
6. Meeting rooms in convention centers: one (1) space for
each ten (10) seats.
7. Where an overall complex is developed consisting of a
variety of uses, shared parking may be allowed, subject
to Planning Board approval, provided that there is no
significant simultaneous use; the total amount provide
for users sharing parking is to be calculated upon the use
with the most restrictive requirements.
8. Theaters: one (1) space per four (4) seats.
9. In addition to the above, each use shall provide one (1)
space for each vehicle owned or stored by the use.
10. Minimum off-street loading: same as the I-1 District.
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Section 96-5.10, entitled “OP-2 OFFICE PARK ZONE 2” is hereby deleted in its
entirety, and replaced with the following:
OP-2 OFFICE PARK ZONE
Area, Yard, and Bulk Requirements for the OP-2 Office Park Zone District
A. Minimum Lot Area
The minimum lot area shall be two (2) acres, with an
average lot size of three (3) acres.
B. Minimum Lot Width
There shall be no minimum lot width requirement within the
OP-2 zone.
C. Minimum Lot Depth
The minimum lot depth requirement within the OP-2 zone
shall be three hundred (300) feet.
D. Maximum Building Coverage
The maximum building coverage for any development in the
OP-2 zone shall not exceed thirty-five (35) percent.
E. Maximum Impervious Lot Coverage
The maximum impervious lot coverage shall not exceed
seventy-five (75) percent of the total lot area. The
remaining land which does not constitute impervious lot
coverage, minimally twenty-five (25) percent or more of
the site shall be landscaped and contain open space areas.
F. Setbacks Between Buildings
A minimum building setback of one hundred (100) feet
between buildings shall be provided.
G. Maximum Building Height (Feet/Stories)
There shall be no maximum building height.
H. Maximum Floor Area Ratio
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The floor area ratio shall not exceed two and five-tenths
(2.5).
I. Front Yard Requirement
No building or structure shall be closer to any public street
right-of-way line or to any property line than thirty (30)
feet for buildings and structures not in excess of one
hundred fifty (150) feet in height. For buildings in excess
of one hundred fifty (150) feet, the setback requirement
shall be increased by one (1) foot for each additional five
(5) feet of building height.
J. Side Yard Requirements
No building or structure shall be located closer to any side
yard lot line than thirty (30) feet for buildings and
structures not in excess of one hundred and fifty (150) feet
in height. For buildings and structures in excess of one
hundred and fifty (150) feet, the setback requirement shall
be increased by one (1) foot for each additional five (5) feet
of building height.
K. Rear Yard Requirements
No building or structure shall be located closer to any rear
yard lot line than thirty (30) feet for buildings and
structures not in excess of one hundred and fifty (150) feet
in height. For buildings and structures in excess of one
hundred and fifty (150) feet, the setback requirements will
be increased by one (1) foot for each additional five (5) feet
of building height.
L. Minimum Off-Street Parking
1. Offices: one (1) space per two hundred fifty (250)
square feet of gross floor space.
2. Hotels and Extended Stay Facilities: one (1) space per
room, plus one (1) space per employee on the
maximum shift.
3. Utilities: one (1) space per one thousand five hundred
(1,500) square feet of gross floor area.
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4. Restaurants: one (1) space for every three (3) seats.
5. Professional Health Care: one (1) space per one
hundred fifty (150) square feet of gross floor area.
6. Meeting rooms in conference centers: one (1) space
for each ten (10) seats.
7. Theaters: one (1) space per four (4) seats.
8. Indoor Recreation Facilities Including Gyms and
Spas: one (1) space per two hundred (200) square feet
of gross floor area.
9. Where an overall complex is developed consisting of
a variety of uses, shared parking may be allowed,
subject to Planning Board approval, provided there is
no significant simultaneous use; the total amount
provided for users sharing parking is to be calculated
upon the use with the most restrictive requirements.
M. Minimum Off-Street Loading
Same as OP-1 Zone.
N. Sign Regulation
All buildings may have one (1) lighted or unlighted sign,
freestanding or attached to the building, but not to exceed
thirty (30) square feet in area. Any freestanding sign shall
be set back a minimum of twenty (20) feet from the front
line and be no higher than twenty five (25) feet at its
highest point. No sign on a building shall be higher than
the roofline of the building.
O. Building Setback to Internal Road
Building setbacks to internal roads shall be set back a
minimum distance of ten (10) feet from all internal
roadways. This provision does not apply when a structure
extends over any public or private internal roadway.
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SECTION 4: AMENDMENTS TO ARTICLE VII, ENTITLED “SUPPLEMENTARY ACCESSORY
USE REGULATIONS.”
Section 96-7.1(d)(2), entitled “Accessory Structures in Other Districts” is hereby
amended as follows:
2. ACCESSORY STRUCTURES IN OTHER DISTRICTS.
(a)
In any nonresidential district, no accessory structure or use shall be located
closer to any lot line than five (5’) feet. The requirements shall not apply
to retaining and decorative walls and fences, provided same do not exceed
six (6’) feet in height.
(b)
In any nonresidential district, the aggregate area covered by accessory
structures shall not exceed twenty-five (25%) percent of the rear yard.
(c)
In any nonresidential district, all accessory structures shall be located no
less then twenty (20’) feet from the side or rear of the principal or main
building.
(d)
In any nonresidential district, no accessory structure shall be located closer
to the street right-of-way line than the required front yard setback of the
principal structure, except as provided in subsection 96-5. Subsections 965.1c and 96-5.3b shall also apply to all accessory structures hereunder.
(e)
When an accessory structure is attached to the principal building in all
nonresidential districts, it shall comply in all respects with the
requirements of this Chapter applicable to the principal buildings.
(f)
No portion of any accessory structure in any nonresidential district shall
be used for living quarters.
(g)
[deleted]
Section 96-7.2, entitled “FENCES AND WALLS” is hereby amended as follows:
Fences and walls shall not be located in any required sight
triangle, nor, in any residential district, shall a fence be
over six (6) feet high in side and rear yards, and four (4)
feet high in front yards and all yards fronting on a public
street. This height restriction shall not include decorative
fence posts with a maximum height of eight (8) inches
above the top of the fence. In commercial and industrial
districts, fences may be ten (10) feet high. All fences shall
be constructed so that the decorative side of the fence faces
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the street or adjoining property. Fences and walls shall
require a building permit from the Building Department.
Section 96-7.8, entitled “Signs”, is hereby amended as follows:
Subsection “a”, entitled “Purpose” is hereby amended as follows:
A.
Purpose.
Subsection “b”, entitled “Definitions” is hereby amended as follows:
B.
Definitions.
Subsection “c”, entitled “General Regulations for Signs” is hereby amended as
follows:
C.
General Regulations for Signs
Subsection “d”, entitled “Temporary Signs” is hereby amended as follows”
D.
Temporary Signs
Subsection “d(a)”, entitled “Prohibited Signs” is hereby amended as follows:
2. Prohibited Signs. The following signs are specifically
prohibited within all zones in the Village of Ridgefield
Park:
Subsection “e”, entitled “Additional Sign Regulations within all Residential
Zones” is hereby amended as follows:
E.
Additional Sign Regulations within all Residential
Zones.
Subsection “f”, entitled “Additional Sign Regulations within the R-3 and R-4
Zones” is hereby amended as follows:
F.
Additional Sign Regulations within the R-3 and R-4
Zones.
Subsection “g”, entitled “Additional Sign Regulations for the Historic
Commercial Zone (C-1(h) zone)” is hereby amended as follows:
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G.
Additional Sign Regulations for the Historic
Commercial Zone (C-1(h) Zone).
1. Each building shall be permitted one (1) exterior
sign.
2. Sign area shall be limited to 10 percent of the total
area of the façade of the building measured as the
shortest perpendicular measurement from the top
of the second floor to the bottom of the first floor,
but in no case shall exceed thirty (30) square feet.
3. Where a building contains multiple uses, the sign
area for all uses shall not exceed ten (10%) percent
of the total area of the façade of the building or
fifty (50) square feet, whichever is less.
4. All signs shall be attached to the building façade.
5. No freestanding, pedestal or roof signs shall be
permitted.
6. Temporary window signs shall not exceed 20
percent of the total area of all windows on the
façade of the building.
Subsection “h”, entitled “Additional Sign Regulations for Commercial Zones (C-2
and C-3)” is hereby amended as follows:
H.
Additional Sign Regulations for Commercial Zones
(C-2 and C-3).
Subsection “i”, entitled “Additional Sign Regulations for Commercial Zones (C4)” is hereby deleted in its entirety.
Subsection “j”, entitled “Additional Sign Regulations for Industrial Zones (I-1
and I-2 Zones)” is hereby amended as follows:
I.
Additional Sign Regulations for Industrial Zones (I-1
and (I-2 Zones).
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Subsection “k”, entitled “Additional Sign Regulations for Office parks (OP-1 and
OP-2 Zones)” is hereby amended as follows:
J.
Additional Sign Regulations for Office Parks (OP-1
and OP-2 Zones).
Subsection “l”, entitled “Signs for Gasoline Stations” is hereby
amended as follows:
K.
Signs for Gasoline Stations.
SECTION 5: AMENDMENT TO ARTICLE X, ENTITLED “OFF-STREET PARKING AND
LOADING”.
Section 96-10.5, entitled “OFF-STREET PARKING IN RESIDENTIAL
ZONES” is hereby amended as follows:
a.
Every one or two-family dwelling constructed and any
dwelling converted from a one-family to a two-family
dwelling after the enactment of this Chapter and any
three/four-family or townhouse unit shall be required to
provide a minimum of two (2) off-street parking spaces for
each dwelling unit. Two family dwellings shall be
required to provide four (4) off-street parking spaces for
the two-family dwelling.
All apartment buildings shall provide a minimum for 2.0
parking spaces per dwelling unit plus (10%) percent.
b. Commercial vehicles, including buses used or designed for
public conveyance of any nature, shall not be parked
overnight or stored out of doors overnight in any
residential zone in the Village.
(1) “Commercial vehicle” is defined as any motor
driven vehicle used or designed to be used for
commercial purposes on the highways or
roadways or in construction, whether or not said
vehicles are registered as, and bear commercial
type license plates.
(2) Not more than one commercial vehicle may be
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kept on any one-family or two-family lot. The one
permitted shall not exceed a vehicle gross weight
of 5,500 lbs., and must be used by a resident of the
premises. The vehicle shall also be subject to
Section 96-10.6 as to size, height, number of tires,
etc. No vehicle shall be permitted to be parked
within the first twenty (20’) behind the front
property line.
c. In multiple family dwelling zones, commercial vehicles
may be parked overnight, provided that:
(1) The vehicle is used by a resident of the
premises;
(2) Not more than one commercial vehicle
may be parked by the resident of any unit;
and
(3) The vehicle is parked a minimum of ten
(10’) feet from the nearest building and ten
(10’) feet from all property lines and is
prohibited in the required front yard of the
I-1, I-2 and I-3 zones.
d. Width of the Driveways: All driveways shall be a
minimum width of nine (9) feet.
SECTION 6: AMENDMENT TO ARTICLE XV, ENTITLED “VIOLATIONS AND
PENALTIES”.
Section 96-15.3, entitled “PENALTIES” is hereby amended as follows:
Any person, firm or corporation violating any provision of this chapter shall, upon
conviction, be subject to penalty, as stated in the Code of the Village of Ridgefield Park.
a. Any person or entity who violates any provision of this
ordinance shall be punished by a fine not exceeding One
Thousand Two Hundred and Fifty ($1,250.00), or by
imprisonment in a place provided by the municipality for the
detention of prisoners not exceeding ninety (90) days), or by a
period of community service not exceeding ninety (90) days.
Any person who is convicted of violating this ordinance within
one year of the date of a previous conviction of the same
ordinance, shall be sentenced by the court to an additional fine
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as a repeat offender. The additional fine imposed by the court
upon a person for a repeated offense shall not exceed One
Thousand Two Hundred and Fifty ($1,250.00) dollars, and
shall be calculated separately from the fine imposed for
violating the ordinance. Each day a provision of this
ordinance is violated shall constitute a separate and distinct
offense.
b. In the event a person cannot pay the fine, the court may
provide, in default of the payment of the fine, either
imprisonment in the place provided by the municipality for the
detention of prisoners for a period not exceeding 90 days, or a
the performance of community service for a period not
exceeding 90 days. All penalties for a violation of this
Ordinance shall be in accordance with N.J.S.A. 40:49-5, and
the Code of the Village of Ridgefield Park.
c. In addition to the foregoing penalties, the municipality may
enforce the provisions of this Ordinance in accordance with
the provisions set forth in N.J.S.A. 40:55D-18.
SECTION 7: AMENDMENTS TO SCHEDULE 3.
Schedule 3, entitled “Permitted, Accessory and Conditional Uses” is hereby
amended and supplemented as follows:
The heading “OP-2 Office District” is hereby revised to read “OP-2 Office Park
District”, and the provisions set forth in Section 96-5.10 are hereby deleted in its entirety,
and replaced with the terms provided in “Attachment 1” incorporated herein, (also
repeated in Section 4 of this Ordinance).
Schedule 3 is also revised, amended and supplemented to include the regulations
of the C1(H) zone, whose terms are set forth in “Attachment 2” and incorporated herein.
SECTION 8: AMENDMENTS TO SCHEDULE 4.
Schedule 4, entitled “Area and Bulk Schedule” is hereby amended and
supplemented as follows:
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The heading “Lot Coverage (%)” is hereby amended to read “Building Lot
Coverage (%)”, and the heading “Improved Lot Coverage (%)” is hereby amended to
read “Impervious Surface (%)”.
The front yard setback for the R-1 Zone is hereby revised to “20” feet.
The terms of this amended Schedule 4 are set forth in “Attachment 3” and
incorporated herein.
SECTION 9: PUBLIC NOTICE.
The Village Clerk is hereby directed to give notice at least ten (10) days prior to
hearing on the adoption of this Ordinance to the Bergen County Planning Board and to all
other persons entitled thereto pursuant to N.J.S. 40:55D-63. Upon the adoption of this
Ordinance after public hearing thereon, the Village Clerk is further directed to publish
notice of the passage thereof and to file a copy of the Ordinance, as finally adopted, with
the Bergen County Planning Board, as required by N.J.S. 40:55D-16. The Village Clerk
shall also forthwith transmit a copy of this Ordinance after final passage to the Village
Tax Assessor, as required by N.J.S. 40:49-2.1.
SECTION 10: INCONSISTENCY.
Any and all ordinances, or parts thereof, in conflict or inconsistent with any of the
terms and provisions of this Ordinance are hereby repealed to such extent as they are so
in conflict or inconsistent.
SECTION 11: SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court or federal or state agency of
competent jurisdiction, such portions shall be deemed a separate, distinct and
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independent provision, and such holding shall not affect the validity of the remaining
portions hereof.
SECTION 12: EFFECTIVE DATE.
This ordinance shall take effect twenty (20) days after the first publication thereof
after final passage and filing with the Bergen County Planning Board and the Village Tax
Assessor.
APPROVED:
_____________________________
Commissioner
______________________________
Commissioner
______________________________
Commissioner
______________________________
Commissioner
______________________________
Mayor
ATTEST:
______________________
Village Clerk
Dated:
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