Page 6 THE VILLADOM TIMES III • November 7, 2012 Ho-Ho-Kus Council introduces ‘anticipatory’ driveway ordinance by Jennifer Crusco The Ho-Ho-Kus Council has introduced an ordinance that would prohibit driveways that provide access to or from a public street through the rear yard of any dwelling in a residential zone. This proposed amendment to Chapter 85 of the borough’s zoning code was introduced late last month. A public hearing will be held as part of the council’s 8 p.m. meeting on Tuesday, Nov. 27, and the ordinance will be considered for final passage at that time. Ho-Ho-Kus Mayor Thomas Randall and Borough Attorney David Bole discussed this proposal with the council at a recent work session. At that time, Mayor Randall indicated that the intent of this ordinance is to have driveways that serve properties from the front. He said that the goal is the cohesiveness of the borough’s neighborhoods. This update, he said, was an anticipatory measure. Borough officials noted that the Time of Decision Rule has made it tougher for municipalities to make amend- ments to their codes once an applicant has filed with a local planning or zoning board of adjustment. In prior years, municipalities had been allowed to make relevant code adjustments after an application had been made. Now, once an application has been filed, that request is controlled by the regulations that are in place at the time of the filing. The borough council decided to address backyard driveways before someone makes a request for such access. Ordinance 1012 states, “In all residential zones, all driveways accessory to residential dwellings shall comply with the following requirements…No driveway shall provide for access to or from a public street through the rear yard of any property.” The proposal will now be forwarded to the Ho-Ho-Kus Planning Board for review and recommendations. The borough clerk, Laura Borchers, will also be required to notify the Bergen County Planning Board at least 10 days prior to the adoption hearing. “Upon the adoption of this ordinance after a public hearing thereon, the borough 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.A. 40:55D-16. The clerk shall also forthwith transmit a copy of this ordinance after final passage to the borough tax assessor (Marie Merolla) as required by N.J.S.A. 40:49-2.1,” the ordinance states. Feasibility test (continued from page 5) Jersey, would then be forced to overturn the board’s denial, which would stand in violation of federal law. The board was unanimous in its finding that a “significant gap” existed in the borough. Before discussing whether the proposed tower would represent the least intrusive means of filling the gap, the board considered whether it should determine if application was substantially different from the one that was denied in 1997. Rutherford said that, under the TCA, the board should consider “least intrusive” in terms of whether the applicants considered various options, such as other potential tower sites, a reduction of the height of the tower, or locating an antenna on another tall structure. The attorney said the TCA analysis is different from a zoning analysis, in which the board would weigh the positive and negative elements associated with the tower. He added that the TCA is not concerned with the effect of the tower on one particular site. Rutherford said the board should review what other plans were considered by the applicant. The board members noted that other sites, including the Waldwick tower near Kaplan Cleaners, were considered by the applicant. Those sites were either not effective or not available. After a detailed discussion, the board majority agreed that the tower would be the least intrusive means of filling the gap. The board then voted its approval.