Brielle City Zoning Code
ARTICLE III
RESIDENTIAL ZONES
§ 21-10.1 Commercial Vehicles.
[Ord. #255; Ord. #592; 1972 Code § 89-10]
No commercial vehicle of more than one ton (manufacturer's rated capacity) shall be parked on any street overnight in any residential zone.
§ 21-10.2 Use Changes Prohibited.
[Ord. #255; Ord. #592; 1972 Code § 89-10]
Exterior alterations which substantially change the residential character and nature of a building for the purpose of changing the use of the building, such as from a residence to a home professional office, shall not be permitted in any residential zone.
§ 21-10.3 Number of Buildings.
[Ord. #255; Ord. #592; 1972 Code § 89-10]
There shall be no more than one principal building or use erected or established on any one lot in any residential zone, except where multifamily buildings or agricultural buildings are permitted, more than one building may be erected in conformance with development standards of that zone.
§ 21-10.4 Towers and Antennas.
[Ord. #255; Ord. #592; 1972 Code § 89-10]
Water towers, radio towers, cooling towers, antennas and similar structures shall not exceed 10 feet above the permitted building height in any residential zone, except silos, barns, and other agricultural buildings.
§ 21-10.5 Development Standards to Apply.
[Ord. #255; Ord. #592; 1972 Code § 89-10]
If a conflict arises between the permitted units of residences per acre and the development standards, the development standards will take precedence over density per acre. Development standards are lot size, setbacks, and similar limiting provisions. This conflict may arise due to unsuitable geology of land, unusual shape, or other factors which prevent the full use of the land and still meet all development standards.
§ 21-10.6 Storage of Inoperable Cars.
[Ord. #255; Ord. #592; 1972 Code § 89-10]
Outside storage of inoperable cars shall not be permitted for more than 60 days.
§ 21-10.7 Small Wireless Facilities Regulation.
[Added 12-16-2024 by Ord. No. 1146]
a.
Definitions.
1.
All definitions of words, terms and phrases that are set forth in the Communications Act of 1934, P.L. 73-416, as amended by various statutory enactments, including, but not limited to, the Telecommunications Act of 1996 P.L. 104-104, are incorporated herein and are made apart hereof.
2.
All definitions of words, terms and phrases that are set forth in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et. seq., are incorporated herein and are made apart hereof.
3.
All definitions of words, terms and phrases that are set forth in the Code of Federal Regulations at 47 C.F.R. § 1.6002, as amended, are incorporated herein and are made a part hereof.
4. ADMINISTRATIVE REVIEW ANTENNA APPLICABLE CODES APPLICANT APPLICATION COLLOCATE COMMUNICATIONS FACILITY COMMUNICATIONS SERVICE CONSULTANT FCC LAWS ORDINARY MAINTENANCE AND REPAIR PERMIT, ROW PERMIT or SMALL CELL PERMIT PERMITTEE PERSON PERSONAL WIRELESS SERVICES PUBLIC RIGHT-OF-WAY SMALL WIRELESS FACILITIES INFRASTRUCTURE SMALL WIRELESS FACILITY SMART POLE UTILITY POLE WIRELESS COMMUNICATIONS INFRASTRUCTURE
In addition to the foregoing, the following words, terms and phrases shall have the meanings indicated unless an alternate meaning clearly is discernable from the context in which the word, term or phrase is used:
Shall mean ministerial review of an application by the Borough to determine whether the issuance of a permit is in conformity with the applicable provisions of this subsection.
Shall mean communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
Shall mean uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the Borough, including any amendments adopted by the Borough, or are otherwise applicable in the jurisdiction.
Shall mean any person or entity who submits an application under this subsection, such as a provider described herein.
Shall mean a written request, on a form provided by the Borough.
Shall mean to install or mount a small wireless facility in the public right-of-way on an existing support structure, on an existing pole, on a new pole, or smart pole. "Collocation" has a corresponding meaning.
Shall mean, collectively, the equipment at a fixed location or locations within the public ROW that enables communications services, including: i) radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and ii) all other equipment associated with any of the foregoing. A communications facility does not include the pole or support structure to which the equipment is attached.
Shall mean cable service, as defined in 47 U.S.C. § 522(6); information service, as defined in 47 U.S.C. § 153(24); or telecommunications service, as defined in 47 U.S.C. § 153(53). Communications Service Provider means a provider of Communications Services and includes a cable operator as defined in 47 U.S.C. § 522(5).
Shall mean any person appointed by the Borough to serve as a consultant for the Borough for all matters concerning this subsection, and who may be contracted for professional services.
Shall mean the Federal Communications Commission of the United States.
Shall mean, collectively, any and all federal, state or local law, statute, common law, code, rule, regulation, order, or ordinance.
Shall mean inspections, testing and/or repair that maintain functional capacity, aesthetic and structural integrity of a communications facility and/or the associated support structure or pole, that does not require blocking, damaging or disturbing any portion of the public ROW.
Shall mean a written authorization to install, at a specified location(s) in the public ROW, a communications facility, smart pole or a pole to support a communications facility.
Shall mean an applicant that has received a permit under this subsection.
Shall mean an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including a governmental entity.
As defined in 47 U.S.C. § 332(c)(7)(C), as supplemented and/or as amended.
Shall mean the surface, the airspace above the surface and the area below or along the surface of any street, road, highway, lane, alley, boulevard or drive, including the sidewalk, shoulder and area for utilities owned by the Borough.
Shall mean a smart pole meeting the above definition or other collocatable infrastructure designed or deployed for the purpose of supporting small wireless facility, the types of which may be approved by geographical zones as defined by the Borough. In the event that a term, word or phrase is not defined in any of the aforementioned statutes and is not otherwise defined herein then that term, word or phrase shall have its common, ordinary meaning.
As defined in the Code of Federal Regulations at 47 C.F.R. § 1.6002(1), as supplemented and/or as amended. Small wireless facility means a wireless facility that meets both of the following qualifications: i) each antenna is located inside an enclosure not to exceed 45 feet in height and be no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and ii) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume and not exceed 45 feet in height. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
Shall mean a decorative utility pole that conceals three or more small wireless facility installation(s) and may include other features such as street lighting, 911 call service access, public access Wi-Fi and surveillance cameras. A smart pole must allow for multiple occupants and allow space for municipal use for other services and/or equipment. Smart poles shall neither have external latches, external hinges, external cabling, or other attachments. The pole should be made of an inherently rust-resistant material (i.e., aluminum alloys or stainless steel) and not exceed 45 feet in height.
Shall mean a wooden or metal pole that is used by public utilities to support electrical wires, telephone wires, coaxial, cables, fiber optic cables and like and similar appurtenances.
Shall mean infrastructure designed specifically for the purpose of supporting wireless facility equipment deployments, including large-scale (macro) collocatable infrastructure as well as small wireless facilities infrastructure.
b.
Small wireless facility siting permit required; consent to use rights-of-way required.
1.
No person shall place a small wireless facility and/or smart pole in any right-of-way without first filing a small wireless facility siting permit application, in the form specified herein and in accordance with the procedures specified herein, with the Borough Clerk and obtaining a siting permit therefore, except as otherwise may be provided in this subsection. Upon approval of a siting permit application, the siting permit authorizing placement of a small wireless facility and/or smart pole in a public right-of-way shall not be issued by the Borough Clerk to any applicant unless:
(a)
All siting permit application fees and escrow fees, as established herein, have been paid; and
(b)
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the applicant's siting permit application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119, et. seq., and the administrative regulations adopted thereunder, the Ordinances of Borough, and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the applicant and the applicant has supplied copies of such other permits or approvals to the Borough Clerk for inclusion with the applicant's application documents; and
(c)
The applicant has entered into a "Right-of-Way Use Agreement," the approved form of which is set forth in Appendix "A"[1] to this section, with the Borough. The approved form of "Right-of-Way Use Agreement" may from time-to-time be revised, supplemented or otherwise amended or replaced. All such revisions, supplements, amendments or replacements shall be approved by Resolution of Borough Council. The Borough Clerk shall maintain on file the currently approved Right-of-Way Use Agreement version and shall provide a copy to all sitting permit applicants. Minor deviations to the terms and conditions that are set forth in the approved form of Right-of-Way Use Agreement may be approved by Borough Council at the time that it grants consent to use a right-of-way to a siting permit applicant.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
2.
No siting permit authorizing placement of a small wireless facility and/or smart pole in a public right-of-way shall be issued to any applicant unless Borough Council, in the manner prescribed by applicable laws of the State of New Jersey, has granted to the siting permit applicant its consent to use public rights-of-way within the Borough. No siting of a small wireless facility and/or smart pole shall be permitted within 500 feet of another small wireless facility and/or smart pole unless it can be established by clear and convincing evidence that compliance with these regulations would effectively prohibit the applicant from providing service and that co-location on an existing or previously approved small wireless facility and/or smart pole is not feasible. Any claims of applicants of technical incompatibility or inability to collocate need to be demonstrated scientifically by the applicant how technical incompatibility exists, not disproven by the Borough. Responsibility for judging proof of said claims lies solely with the Borough and/or or its chosen representative(s).
c.
Installation of new structures; installation on existing structures.
1.
No application for a small wireless facility siting permit shall be approved if the application proposes the deployment of a small wireless facility upon an existing structure in a right-of-way unless the structure is one of the types of smart poles that are set forth in paragraph a, Definitions to this subsection and such smart pole specifically is designed to accommodate the reasonable and customary equipment necessary for a small wireless facility installation which will accommodate at least three carriers per small wireless facility deployment. Any exception to this requirement must be accompanied by clear and convincing evidence that co-location on an existing or previously approved small wireless facility is not feasible. Any claims of applicants of technical incompatibility or inability to comply with this requirement need to be demonstrated scientifically by the applicant, not disproven by the Borough. Responsibility for judging proof of said claims lies solely with the Borough and/or or its chosen representative(s).
2.
No small wireless facility shall be installed upon any new structure within any right-of-way unless the new structure is one of the types of smart poles that are identified in paragraph a, Definitions to this subsection. A replacement pole is a new structure.
3.
No application for a small wireless facility and/or smart pole siting permit shall be approved if the application proposes the deployment of a small wireless facility in an area other than those specific locations set forth within the Borough's Wireless Siting Plan, which can be found on file with the Office of the Borough Clerk. All small wireless facilities must be placed within a 25 foot radius of those specific locations set forth on the Borough's Wireless Siting Plan. No more than one smart pole shall be permitted per intersection or block if the siting plan calls for the deployment of a small wireless facility at any location other than an intersection, unless otherwise specified within the Wireless Siting Plan. No smart poles shall be located within 500 feet of another. Any claims of carriers of technical incompatibility or inability to comply with this requirement need to be scientifically demonstrated by the applicant, not disproven by the Borough. Responsibility for judging proof of said claims lies solely with the Borough and/or its chosen representative(s).
d.
Siting permit application process.
1.
Application filing. An application for a siting permit to place one or more small wireless facility and/or smart pole within a right-of-way shall be made on forms which shall be available from the Office of the Borough Clerk. The application, along with the required application fee and the required escrow fee, shall be filed with the Borough Clerk. Immediately upon receipt of an application, the Borough Clerk shall provide copies of the application and all supporting documents that were submitted by the applicant with the application, to the Borough Engineer, Zoning Official, Construction Official and the Borough Attorney.
2.
Application form. The small wireless facility and/or smart pole siting permit application shall be made by a provider of personal wireless services, its duly authorized representative, as noted in a notarized statement from the provider of personal wireless services, on whose behalf the representative is acting, or an entity in the business of deploying wireless communications facilities or infrastructure, and shall contain the following:
(a)
The applicant's name, address, telephone number and e-mail address;
(b)
The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;
(c)
A general description of the proposed small wireless facility, structure type, and new structure work to be performed. Color photographs shall be provided depicting the current state of the location where the installation is proposed. Additionally, a rendering of the proposed installation shall be provided for each location the small wireless facility is proposed. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with particular emphasis on those matters, including, but not limited to, subsurface utilities likely to be affected or impacted by the work proposed along with a description of such other governmental permits or approvals as may be required by applicable law with respect to the proposed installation(s) and a description of such other permits or approvals for which the applicant has applied;
(d)
Authorization for any consultant acting on behalf of the applicant to speak with the Borough, or a designee of the Borough, on the area of consultation for the applicant even if the applicant cannot be available;
(e)
Verification via sworn statement from an appropriate professional that the small wireless facility shall comply with all applicable federal, state and local laws, administrative regulations and codes;
(1)
With respect to radio frequency emissions, applicant must provide a sworn statement from a qualified radio frequency engineer that the application will comply with all applicable federal, state, and local laws regarding radio frequency emissions.
(f)
The applicant shall certify that they shall make available approved facilities to all major wireless carriers in the marketplace. The applicant shall further certify that they will encourage, manage and coordinate the location and placement of any interested carrier's equipment on their structure.
3.
An applicant seeking to deploy a network of small wireless facilities, all of which are to be located in rights-of-way, may file a batched application for up to 25 small wireless facilities and receive a single siting permit for multiple small wireless facilities. Any denial of any individual small wireless facilities within a batched application will not impact the consideration of other sites within the same application.
e.
Procedure on permit application; no exclusive rights.
1.
The Borough shall review the application for a small wireless facility and/or smart pole siting permit in light of its conformity with the provisions of this subsection, and shall approve or deny a siting permit on nondiscriminatory terms and conditions subject to the following requirements:
2.
The Borough shall make its final decision to approve or deny the application within the following timeframes:
(a)
Sixty days from the submission of a complete application to install a small wireless facility upon one or more existing structures.
(b)
Ninety days from the submission of a complete application to install a small wireless facility upon one or more new structures.
(c)
Ninety days from the submission of a complete batched application to install small wireless facilities upon both existing and new structures.
The timeframes described above by which an application shall be either approved or denied may be extended by mutual consent of the applicant and Borough. Such consent shall be set forth on a form for such purposes which shall be available from the Office of the Borough Clerk. Such consent on behalf of the Borough shall be exercised by the Zoning Officer which shall not be unreasonably withheld.
3.
The Borough Clerk shall notify the applicant in writing of the final decision, and if the application is denied specify the basis for denial; and cite such specific provisions, as may be recommended by the Borough Solicitor, from federal, state, or local laws, administrative regulations or codes as to why the application was denied.
4.
Notwithstanding an initial denial, the applicant may cure any deficiencies identified by the Borough within 30 days of the denial without paying an additional application fee, provided the Borough Clerk shall approve or deny the revised application within 30 days of receipt of the amended application which shall be limited to the deficiencies specified in the original notice of denial.
5.
A siting permit from the Borough authorizes an applicant to undertake only certain activities in accordance with this subsection. No approval or consent granted, or siting permit issued, pursuant to this subsection shall confer any exclusive right, privilege, license or franchise to occupy or use any public right-of-way within the Borough of Brielle for the delivery of telecommunications services or for any other purpose.
6.
Nothing in this subsection affects an applicant's obligation to apply for other permits that may be required under this code, such as street opening permits or construction permits, for which the applicant has not yet applied. No small wireless facility siting permit shall be approved until the applicant has applied for all other permits and approvals required by all other laws and regulations that are applicable to the applicant's proposed small wireless facility and/or smart pole deployment.
f.
Duration. No siting permit issued under this subsection shall be valid for a period longer than 12 months unless construction has actually begun and continuously and diligently is pursued to completion. Upon written request from the applicant, the Mayor, upon consultation with the Construction Official, may extend the siting permit for a period of up to 12 months so long as construction has begun at the time that the applicant's request for an extension is made.
g.
Routine maintenance and replacement. A small wireless facility siting permit shall not be required for:
1.
Routine maintenance of a small wireless facility and/or smart pole.
2.
The replacement of a small wireless facility and/or smart pole with another small wireless facility and/or smart pole that is the same or smaller in size, weight and height to the small wireless facility that is being replaced.
3.
Provided, however, that on a location where the Borough and/or another provider has placed equipment or facilities, any routine maintenance or replacement that is done shall not occur until written authorization from the Borough and/or the other provider, as the case may be, to proceed is provided to the Borough, which authorization to proceed shall not unreasonably be withheld by the Borough and/or the other provider.
4.
Provided further that if the replacement of a small wireless facility and/or smart pole with another small wireless facility includes replacement of the structure to which the small wireless facility and/or smart pole is attached then an application for a siting permit shall be required.
5.
Notwithstanding anything to the contrary in this paragraph g, permits are required for any activity that involves any road closure or other activity that will impact vehicle or pedestrian traffic.
h.
Fees.
1.
Application fees. All applications for approval and issuance of a small wireless facility and/or smart pole siting permit pursuant to this subsection shall be accompanied by a fee as follows:
(a)
For applications that do not include the installation of any new structures within a right-of-way the application fee shall be $500 for up to five small wireless facilities and/or smart pole with an additional $100 for each small wireless facility and/or smart pole beyond five.
(b)
For applications that include the installation of a new structure within a right-of- way the application fee shall be $1,000 for up to five small wireless facilities with an additional $100 for each small wireless facility beyond five.
2.
Other fees. No pole attachment fees will be assessed by the Borough unless and until an applicant applies for pole attachment to a Borough-owned pole.
3.
Annual rate. Applicant/permit holder shall pay a $270 annual ROW maintenance rate per small wireless facility, starting on the anniversary of the permit issuance.
i.
Escrow fee for third-party professionals and consultants.
1.
In addition to the application fee, all applications for approval and issuance of a small wireless facility and/or smart pole siting permit shall be accompanied by an escrow fee as follows:
(a)
For applications whose proposed small wireless facility and/or smart pole deployment(s) will not require a street opening permit pursuant to [site code and Borough]: $5,000.
(b)
For applications whose proposed small wireless facility and/or smart pole deployment(s) will require a street opening permit pursuant to [site code and Borough]: $7,500.
2.
The escrow account deposits are required to pay for the costs of professional services, including engineering, planning, legal and other third-party professional consulting expenses connected with the review of submitted materials, including any traffic engineering review or other special analyses related to the Borough's review of the materials submitted by the applicant and the preparation of any reports or any neccessary legal agreement regarding rights-of-way use. An applicant is required to reimburse the Borough for all fees, costs and expenses of third-party professionals and consultants incurred and paid by the Borough for the review process of a small wireless facility and/or smart pole siting permit application, such as, but not limited to:
(a)
Professional fees for reviews by third-party professionals or consultants of applications, plans and accompanying documents;
(b)
Issuance of reports or analyses by third-party professionals or consultants to the Borough setting forth recommendations resulting from the review of any documents submitted by the applicant;
(c)
Charges for any telephone conference(s) or meeting(s), including travel expenses, requested or initiated by the applicant, the applicant's attorney or any of the applicant's experts or representatives;
(d)
Review of additional documents submitted by the applicant and issuance of reports or analyses relating thereto;
(e)
Review or preparation of easements, deeds, right-of-way municipal consent ordinances or resolutions and any and all other like or similar documents; and
(f)
Preparation for and attendance at all meetings by third-party professionals or consultants serving the Borough, such as the Borough Attorney, Borough Engineer and Borough Planner or other experts as required.
3.
The escrow account deposits shall be placed in a separate account by the Borough's Chief Financial Officer at the request of the Borough Clerk and an accounting shall be kept of each applicant's deposit. Thereafter:
(a)
All third-party professional or consultant fees, costs, expenses and charges shall be paid from the escrow account and charged to the applicant;
(1)
Third-party professional or consultant fees shall not be disbursed from escrow if they are for a service performed in the context of an identical paid service between applicant and same third-party who may otherwise be entitled to said fees.
(b)
Upon either final denial of a small wireless facility and/or smart pole siting permit application or upon issuance of a small wireless facility and/or smart pole siting permit, any moneys not expended for third-party professional or consulting services shall be returned to the applicant within 90 days upon written request by the applicant and as authorized by the Borough Council;
(c)
If at any time during the application review process 75% of the money originally posted shall have been expended, the applicant shall be required to replenish the escrow deposit to 100% of the amount originally deposited by the applicant;
(d)
No small wireless facility and/or smart pole siting permit application shall be considered complete until such time as the required escrow fee has been posted to guarantee payment of third-party professional or consultant fees, costs, expenses and charges;
(e)
All payments charged to the escrow deposit shall be pursuant to vouchers from the third-party professionals or consultants stating the hours spent, the hourly rate and the fees, costs, expenses and charges incurred;
(f)
Third-party professionals and consultants submitting charges pursuant to this subsection shall be permitted to charge for such services at the same rates as they would charge their private clients for like or similar work provided that:
(1)
Professional fees are billed at rates that do not exceed such professional fees as are customarily charged by other like professionals and consultants performing similar work within county; and
(2)
Out-of-pocket costs, expenses and charges are billed on a dollar-for-dollar basis with no mark-up being permitted;
(g)
The Borough shall render a written final accounting to the applicant on the uses to which the escrow deposit was put. The written final accounting shall include copies of all vouchers that were submitted by third-party professionals and consultants and paid by the Borough.
j.
Municipal access to new structures. An applicant whose siting permit includes the installation of any new smart pole structure of any of the types that are defined in paragraph a, Definitions to this subsection shall provide the Borough with access to space within the smart pole structure for the purpose of deploying Borough's own equipment including but not limited to public access wi-fi, 911 call service or security cameras. Notwithstanding the foregoing, the municipal use shall not interfere with small wireless facilities of any other users of that smart pole. Any municipal use pursuant to this subsection shall include a reimbursement to the applicant, on an annual basis, of the costs, on a dollar-for-dollar basis, of providing the Borough with such access. Such costs shall be limited to the costs of providing electric to the Borough for the components used by the Borough and the costs of any repairs required to be made to the components used by the Borough, unless the repair costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
§ 21-11 R-1 SINGLE-FAMILY RESIDENTIAL ZONE.
The purpose of the R-1 Residential Zone in the Borough of Brielle is to provide a large-lot, low-density residential area. The provisions and regulations set forth herein encourage the future development of this area as a residential area for generally residential purposes by prohibiting commercial development or conversions to commercial or multi-family housing.
§ 21-11.1 Permitted Uses.
[Ord. #255; Ord. #592; 1972 Code § 89-11]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a.
Detached one-family dwelling as a principal structure.
b.
Golf courses.
c.
§ 21-11.2 Development Standards.
[Ord. #255; Ord. #592; 1972 Code § 89-11; Ord. #971; Ord. #988]
The R-1 Residential Zone specified herewith shall be occupied only as indicated in the Schedule in Article XV of this Chapter and as follows:
a.
Single-family (non-cluster).
1.
Principal buildings:
(a)
Minimum lot size 40,500 square feet.
(b)
Minimum lot width 150 feet.
(c)
Minimum lot depth 200 feet.
(d)
Minimum front setback (measured from the proposed street R.O.W.) 75 feet.
(e)
Minimum each side setback 20 feet.
(f)
Minimum both setbacks 45 feet.
(g)
Minimum rear setback 50 feet.
(h)
Minimum gross floor area 2,000 square feet.
(i)
Maximum lot coverage 20%.
(j)
Maximum building height 2 1/2 stories or 35 feet, whichever is less.
(k)
Maximum floor area ratio 0.5.
2.
Accessory buildings and uses:
(a)
All accessory structures shall conform to the front setback requirements for the principal structure. Accessory structures 15 feet in height or less shall be set back 10 feet from the side lot line, and 10 feet from the rear lot line. Accessory structures greater than 15 feet in height shall be set back 10 feet or 1/3 the height of the proposed structure from the side lot line, whichever is greater; and setback 10 feet or 2/3 the height of the proposed structure from the rear lot line, whichever is greater respectively. The maximum height of accessory structures shall not exceed 33 feet. The minimum horizontal separation between principal structures and accessory structures shall be 20 feet. Accessory structure heights shall be measured from average adjacent grade.
Those swimming pools less than four feet high shall be enclosed by a permanent fence not less than four feet high with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 100 square feet or over.
(b)
Accessory buildings attached to a principal building shall comply with the setbacks of principal building.
(c)
No truck, tractor trailer or commercial vehicle, licensed to transport more than 1/2 ton rated manufacturer's capacity shall be stored, or parked on any lot or portion of a lot as to be visible from a public street.
b.
Single-family (cluster).
1.
Principal buildings:
(a)
Minimum lot size 30,000 square feet.
(b)
Minimum lot width 135 feet.
(c)
Minimum lot depth 175 feet.
(d)
Minimum front setback (measured from the proposed street R.O.W.) 60 feet.
(e)
Minimum each side setback 20 feet.
(f)
Minimum both setbacks 40 feet.
(g)
Minimum rear setback 50 feet.
(h)
Minimum gross floor area 2,000 square feet.
(i)
Maximum lot coverage 20%.
(j)
Maximum building height 2-1/2 stories or 35 feet, whichever is less.
(k)
Maximum floor area ratio 0.5
2.
Accessory buildings:
All accessory buildings in a cluster arrangement shall conform to the requirements of the non-cluster arrangement.
§ 21-11.3 Other Provisions and Requirements.
§ 21-12 R-2 SINGLE-FAMILY RESIDENTIAL ZONE.
[Ord. #255; Ord. #592; 1972 Code § 89-12]
The purpose of the R-2 Residential Zone in the Borough is to provide for and protect the character of the existing low-density residential areas. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multi-family housing.
§ 21-12.1 Permitted Uses.
[Ord. #255; Ord. #592; 1972 Code § 89-12]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a.
Detached one-family dwelling as a principal structure.
b.
§ 21-12.2 Development Standards.
[Ord. #255; Ord. #592; 1972 Code § 89-12; Ord. #971; Ord. #988]
The R-2 Residential Zone specified herewith shall be occupied only as indicated in the Schedule in Article XV of this Chapter and as follows:
a.
Single-family (non-cluster).
1.
Principal Buildings:
(a)
Minimum lot size,
interior | 15,000 square feet |
corner | 15,625 square feet |
(b)
Minimum lot width,
interior | 100 feet |
corner | 125 feet |
(c)
Minimum lot depth 125 feet.
(d)
Minimum front setback (measured from the proposed street R.O.W.) 40 feet.
(e)
Minimum each side setback 12 feet.
(f)
Minimum rear setback 40 feet.
(g)
Minimum gross floor area 1,200 square feet.
(h)
Maximum lot coverage 20%.
(i)
Maximum building height 2-1/2 stories or 35 feet, whichever is less.
(j)
Maximum floor area ratio 0.5
2.
Accessory buildings and uses:
(a)
All accessory structures shall conform to the front setback requirements for the principal structure. Accessory structures 15 feet in height or less shall be set back five feet from the side lot line, and five feet from the rear lot line. Accessory structures greater than 15 feet in height shall be set back 1/3 the height of the proposed structure from the side lot line, and setback 2/3 the height of the proposed structure from the rear lot line. The maximum height of accessory structures shall not exceed 27 feet. The minimum horizontal separation between principal structures and accessory structures shall be 10 feet. Accessory structure heights shall be measured from average adjacent grade.
Those swimming pools less than four feet high shall be enclosed by a permanent fence not less than four feet high with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 100 square feet or over.
(b)
Accessory buildings attached to a principal building shall comply with the setbacks of the principal building.
(c)
No truck, tractor trailer or commercial vehicle, licensed to transport more than 1/2 ton rated manufacturer's capacity shall be stored, or parked on any lot or portion of a lot so as to be visible from a public street.
b.
Single-family (cluster):
1.
Principal buildings:
(a)
Minimum lot size,
interior | 11,250 square feet |
corner | 11,700 square feet |
(b)
Minimum lot width,
interior | 75 feet |
corner | 95 feet |
(c)
Minimum lot depth 125 feet.
(d)
Minimum front setback (measured from the proposed street R.O.W.) 30 feet.
(e)
Minimum each side setback 12 feet.
(f)
Minimum rear setback 40 feet.
(g)
Minimum gross floor area 1,200 square feet.
(h)
Maximum lot coverage 20%.
(i)
Maximum building height 2-1/2 stories or 35 feet, whichever is less.
(j)
Maximum floor area ratio 0.5
§ 21-12.3 Other Provisions and Requirements.
§ 21-13 R-3 SINGLE-FAMILY RESIDENTIAL ZONE.
[Ord. #255; Ord. #592; 1972 Code § 89-13]
The purpose of the R-3 Residential Zone is to provide for smaller lot sizes in certain parts of the municipality.
§ 21-13.1 Permitted Uses.
[Ord. #255; Ord. #592; 1972 Code § 89-13]
A building may be erected, altered or used, and a lot or premises may be occupied and used for any of the following purposes:
a.
Detached, one-family dwelling as a principal structure.
b.
Accessory buildings and uses including:
1.
Private garage not to exceed two spaces on a lot up to and including 40,000 square feet. On any lot over 40,000 square feet, there shall be permitted a maximum of three garage spaces.
2.
Buildings for tools and equipment used for maintenance of the grounds.
3.
Swimming pools but not public swim clubs.
6.
Other customary accessory uses and structures which are clearly and incidental to the principal structure and use.
§ 21-13.2 Development Standards.
[Ord. #255; Ord. #592; 1972 Code § 89-13; Ord. #971; Ord. #988]
The R-3 Residential Zone specified herewith shall be occupied only as indicated in the Schedule in Article XV of this Chapter and as follows:
a.
Single-family (except Tax Map Blocks 14, 15, 16, 17, 18, and 19).
1.
Principal buildings:
(a)
Minimum lot size,
interior | 11,250 square feet |
corner | 12,500 square feet |
(b)
Minimum lot width,
interior | 75 feet |
corner | 100 feet |
(c)
Minimum lot depth 125 feet.
(d)
Minimum front setback (measured from the proposed street R.O.W.) 30 feet.
(e)
Minimum each side setback 10 feet.
(f)
Minimum rear setback 35 feet.
(g)
Minimum gross floor area 1,000 square feet.
(h)
Maximum lot coverage 20%.
(i)
Maximum building height 2-1/2 stories or 35 feet, whichever is less.
(j)
Maximum floor area ratio 0.5.
2.
Accessory buildings and uses:
(a)
All accessory structures shall conform to the front setback requirements for the principal structure. Accessory structures 15 feet in height or less shall be set back five feet from the side lot line, and five feet from the rear lot line. Accessory structures greater than 15 feet in height shall be set back 1/3 the height of the proposed structure from the side lot line, and setback 2/3 the height of the proposed structure from the rear lot line. The maximum height of accessory structures shall not exceed 24 feet. The minimum horizontal separation between principal structures and accessory structures shall be 10 feet. Accessory structure heights shall be measured from average adjacent grade. Those swimming pools less than four feet high shall be enclosed by a permanent fence not less than four feet high with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 100 square feet or over.
(b)
Accessory buildings attached to a principal building shall comply with the setbacks of the principal building.
(c)
No truck, tractor trailer or commercial vehicle, licensed to transport more than 1/2 ton rated manufacturer's capacity shall be stored, or parked on any lot or portion of a lot so as to be visible from a public street.
b.
Single-family (Tax Map Blocks 14, 15, 16, 17, 18 and 19).
2.
Accessory buildings and uses:
(a)
All accessory structures shall conform to the front setback requirements for the principal structure. Accessory structures 15 feet in height or less shall be set back five feet from the side lot line, and five feet from the rear lot line. Accessory structures greater than 15 feet in height shall be set back 1/3 the height of the proposed structure from the side lot line, and setback 2/3 the height of the proposed structure from the rear lot line. The maximum height of accessory structures shall not exceed 24 feet. The minimum horizontal separation between principal structures and accessory structures shall be 10 feet. Accessory structure heights shall be measured from average adjacent grade.
Those swimming pools less than four feet high shall be enclosed by a permanent fence not less than four feet high with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 100 square feet or over.
(b)
Accessory buildings attached to a principal building shall comply with the setbacks of the principal building.
(c)
No truck, tractor trailer or commercial vehicle, licensed to transport more than 1/2 ton rated manufacturer's capacity shall be stored, or parked on any lot or portion of a lot so as to be visible from a public street.
§ 21-13.3 Other Provisions and Requirements.
§ 21-14 R-4 SINGLE-FAMILY RESIDENTIAL ZONE.
[Ord. #255; Ord. #592; 1972 Code 89-14]
The purpose of the R-4 Residential Zone is to provide for smaller lot sizes to meet the desires of a certain segment of the population who need least cost housing.
§ 21-14.1 Permitted Uses.
[Ord. #255; Ord. #592; 1972 Code § 89-14]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any one of the following purposes:
a.
Detached one-family dwelling as a principal structure.
b.
Accessory buildings and uses including:
1.
Private garage not to exceed two spaces on a lot up to and including 40,000 square feet. On any lot over 40,000 square feet, there shall be permitted a maximum of three garage spaces.
2.
Swimming pools, but not public swim clubs.
4.
Other customary accessory uses and structures which are clearly incidental to the principal structure and use.
§ 21-14.2 Development Standards.
[Ord. #255; Ord. #592; 1972 Code 89-14; Ord. #971; Ord. #988]
The R-4 Residential Zone specified herewith shall be occupied only as indicated in the Schedule in Article XV of this Chapter and as follows:
a.
Principal buildings.
1.
Single-family.
(a)
Minimum lot area,
interior | 5,000 square feet |
corner | 7,500 square feet |
(b)
Minimum lot width,
interior | 50 feet |
corner | 75 feet |
(c)
Minimum lot depth 100 feet.
(d)
Minimum front setback (measured from the proposed street R.O.W.) 25 feet.
(e)
Minimum each side setback eight feet.
(f)
Minimum rear setback 25 feet.
(g)
Minimum gross floor area 1,000 square feet.
(h)
Maximum lot coverage 20%.
(i)
Maximum building height 2-1/2 stories or 35 feet, whichever is less.
(j)
Maximum floor area ratio 0.5.
2.
Accessory buildings and uses:
(a)
All accessory structures shall conform to the front setback requirements for the principal structure. Accessory structures 15 feet in height or less shall be set back five feet from the side lot line, and five feet from the rear lot line. Accessory structures greater than 15 feet in height shall be set back 1/3 the height of the proposed structure from the side lot line, and setback 2/3 the height of the proposed structure from the rear lot line. The maximum height of accessory structures shall not exceed 18 feet. The minimum horizontal separation between principal structures and accessory structures shall be 10 feet. Accessory structure heights shall be measured from average adjacent grade.
Those swimming pools less than four feet high shall be enclosed by a permanent fence not less than four feet high with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 100 square feet or over.
(b)
Accessory buildings attached to a principal building shall comply with the setbacks of the principal building.
(c)
No truck, tractor trailer or commercial vehicle, licensed to transport more than 1/2 ton rated manufacturer's capacity shall be stored, or parked on any lot or portion of a lot so as to be visible from a public street.
§ 21-14.3 Other Provisions and Requirements.
§ 21-15 R-5 GARDEN APARTMENT RESIDENTIAL ZONE.
[Ord. #255; Ord. #592; 1972 Code 89-15]
The purpose of the R-5 Residential Zone specified herewith is to provide for and protect the coordinated unit development of Garden Apartment housing facilities in the Municipality.
§ 21-15.1 Permitted Uses.
[Ord. #255; Ord. #592; 1972 Code § 89-15]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any of the following purposes:
§ 21-15.2 Development Standards.
[Ord. #255; Ord. #592; 1972 Code § 89-15; Ord. #988]
The R-5 Residential Zone specified herewith shall be occupied only as indicated in the Schedule of Article XV of this Chapter and as follows:
a.
Principal buildings.
1.
Minimum lot size eight acres.
2.
Minimum lot width 300 feet.
3.
Minimum lot depth 400 feet.
4.
Minimum front setbacks (measured from the proposed street R.O.W. line) 50 feet.
5.
Minimum side and rear yard setbacks 50 feet.
6.
Maximum lot coverage 20%.
7.
Minimum gross floor area per unit 800 square feet for a one-bedroom unit and not less than 150 square feet for each additional bedroom.
8.
Maximum building height 2 1/2 stories or 35 feet, whichever is less.
9.
Maximum dwelling units six per acre.
b.
Accessory buildings and uses.
1.
All accessory structures shall conform to the front setback requirements for the principal structure. Accessory structures shall not exceed 15 feet in height, and shall be set back 10 feet from the side lot line, and 10 feet from the rear lot line. The minimum horizontal separation between principal structures and accessory structures shall be 15 feet. Accessory structure heights shall be measured from average adjacent grade.
Those swimming pools less than four feet high shall be enclosed by a permanent fence not less than four feet high with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 100 square feet or over.
2.
Accessory buildings attached to a principal building shall comply with the setbacks of the principal building.
3.
No truck, tractor trailer or commercial vehicle, licensed to transport more than 1/2 ton rated manufacturer's capacity shall be stored, or parked on any lot or portion of a lot so as to be visible from a public street.
§ 21-15.3 Special Requirements.
[Ord. #255; Ord. #592; 1972 Code § 89-15]
In passing upon any site plan, the Planning Board shall require in addition to ordinary and reasonable considerations, the following:
a.
The location of principal units shall be separated by a minimum 30 feet, and accessory units shall be separated by a minimum 15 feet from other principal units or accessory units.
b.
No principal unit shall contain a window which shall face horizontally opposite a window in another principal unit unless it shall be separated by a minimum of 75 feet.
c.
No structure shall be located within a minimum of 30 feet from any access road nor within a minimum of 50 feet from any public street.
d.
Accessory roads shall be constructed with sufficient width to permit ordinary and emergency travel of vehicles in opposite directions, but in no event shall such roads have a width of less than 25 feet.
e.
Accessory units shall be located within a setback of 40 feet from any lot line that abuts an R District.
f.
Accessory roads shall be located and designed to provide access to and proper development of other tracts within the R-4 District and to provide access to the tract from public roadways.
g.
Provision shall be made for a proper drainage of the tract and for an adequate water supply to a sufficient hydrant system, such requirements to be subject to the approval of the Borough Engineer.
h.
Sanitary facilities shall be constructed and located as approved by the Brielle Board of Health.
i.
Provision shall be made for the proper collection of garbage.
j.
There shall be provided, for each dwelling unit, a minimum of one one-car garage and one off-street parking spaces. Each garage shall be built into the multiple-dwelling structure which it serves and shall have a minimum floor area of 240 square feet.
k.
No structure shall exceed 130 feet in length. In order to avoid a straight, unbroken line of sight, all exterior walls of any structure exceeding 80 feet in length shall contain a break, forward or backward, at least four feet in depth, and, in addition, if there are two or more buildings in any multi-family development, the front exterior wall of each building shall be set back or forward not less than three feet from the line of the front exterior wall of each neighboring building in the development.
l.
A minimum of 10% of the total land area of the development shall be set aside for usable recreation area.
m.
It being deemed to be in the public welfare that certain design standards be established for multi-family dwellings, all such structures shall be of either authentic traditional colonial design or contemporary design, and all details of any such structures shall be designed and executed in strict conformance with general standards. Within any multi-family dwelling development, however, it is further deemed to be in the interest of the public welfare that identical appearance is undesirable as such among buildings, and in considering a site plan application, the Planning Board, if it finds any of the following conditions, may require that, as a condition of approval, such conditions be corrected:
1.
Use of the same basic dimension and plan without substantial differentiation on one or more exterior elevations.
2.
Use of same basic dimensions and plan without substantial change in orientation of buildings on a lot.
3.
Use of substantially identical height and design of a roof.
4.
Use of same size, type and location of doors and windows in front elevation.
n.
All internal and external improvements found necessarily in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, and no building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in an amount acceptable to the Borough Engineer to ensure completion of all such improvements.
o.
Parking lots shall be adequately lighted with wall- mounted or post-mounted ornamental fixtures which shall provide adequate shielding from adjacent properties, as further required by this ordinance.
p.
Consonant with aesthetic ecological and environmental considerations, adequate open spaces shall be preserved in their natural state.
q.
In any development containing natural features such as trees, books, hilltops and views, such natural features shall be preserved whenever practicable.
r.
Provide, in each building, laundry facilities not less than one washer and dryer for the exclusive use of the occupants of the building, unless provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.
s.
Provide, in an enclosed basement area, not less than 700 cubic feet of storage for each garden apartment unit in the building.
t.
Not more than one outside television antenna shall be permitted per building.
u.
No building shall be designed or occupied for more than four families.
§ 21-15.4 Other Provisions and Requirements.
§ 21-16 R-6 TOWNHOUSE RESIDENTIAL ZONE.
[Ord. #701; 1972 § 89-15]
The purpose of the R-6 Townhouse Zone specified herewith is to provide for and protect the coordinated unit development of housing facilities in the Municipality.
§ 21-16.1 Permitted Uses.
[Ord. #701; 1972 Code § 89-15]
A building may be erected, altered, or used, and a lot or premises may be occupied and used for any of the following purposes:
§ 21-16.2 Development Standards.
[Ord. #701; 1972 Code § 89-15; Ord. #915; Ord. #988]
The R-6 Townhouse and Residential Zone specified herewith shall be occupied only as indicated in the Schedule of Article XV of this Chapter and as follows:
a.
Principal buildings.
1.
Minimum lot size 2 acres.
2.
Minimum lot width 500 feet.
3.
Minimum lot depth 125 feet.
4.
Minimum front setbacks (measured from the street R.O.W. line) 50 feet.
5.
Minimum side and rear yard setbacks 50 feet.
6.
Maximum lot coverage 20%.
7.
Minimum gross floor area 1,000 square feet per unit for a one-bedroom unit and not less than 150 square feet for each additional bedroom.
8.
Maximum building heights 2-1/2 stories or 35 feet, whichever is less.
9.
Maximum dwelling units six per acre.
b.
Accessory buildings and uses.
1.
All accessory structures shall conform to the front setback requirements for the principal structure. Accessory structures shall not exceed 15 feet in height, and shall be set back 10 feet from the side lot line, and 10 feet from the rear lot line. The minimum horizontal separation between principal structures and accessory structures shall be 15 feet. Accessory structure heights shall be measured from average adjacent grade.
Those swimming pools less than four feet high shall be enclosed by a permanent fence not less than four feet high with a locked gate. Building permits shall be required for all swimming pools, above or below ground, with a water surface area of 100 square feet or over.
2.
Accessory buildings attached to a principal building shall comply with the setbacks of the principal building.
3.
No truck, tractor trailer or commercial vehicle, licensed to transport more than 1/2 ton rated manufacturer's capacity shall be stored, or parked on any lot or portion of a lot so as to be visible from a public street.
§ 21-16.3 Special Requirements.
[Ord. #701, § 2; 1972 Code § 89-15]
In passing upon any site plan, the Planning Board shall require, in addition to ordinary and reasonable considerations, the following:
a.
The location of principal units shall be separated by a minimum of 30 feet, and accessory units shall be separated by a minimum of 15 feet from other principal units or accessory units.
b.
No principal unit shall contain a window which shall face horizontally opposite a window in another principal unit unless it shall be separated by a minimum of 30 feet.
c.
No structure shall be located within a minimum of 20 feet from any access road nor within a minimum of 50 feet from any public street.
d.
Accessory roads shall be constructed with sufficient width to permit ordinary and emergency travel of vehicles in opposite directions, but in no event shall such roads have a width of less than 25 feet.
e.
Accessory units shall be located within a setback of 40 feet from any lot line that abuts an R District.
f.
Accessory roads shall be located and designed to provide access to and proper development of other tracts within the R-6 Zone and to provide access to the tract from public roadways.
g.
Provision shall be made for a proper drainage of the tract and for an adequate water supply to a sufficient hydrant system, such requirements to be subject to the approval of the Borough Engineer.
h.
Sanitary facilities shall be constructed and located as approved by the Brielle Board of Health.
i.
Provision shall be made for the proper collection of garbage.
j.
There shall be provided, for each dwelling unit, a minimum of one one-car garage and one additional off-street parking space. Each garage shall be part of the multiple-dwelling structure which it serves and shall have a minimum floor area of 240 square feet.
k.
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, and no building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in an amount acceptable to the Borough Engineer to ensure completion of all such improvements.
l.
Parking lots shall be adequately lighted with wall- mounted or post-mounted ornamental fixtures which shall provide adequate shielding from adjacent properties, and as further required by this ordinance.
m.
Consonant with aesthetic ecological and environmental considerations, adequate open spaces shall be preserved in their natural state.
n.
In any development containing natural features such as trees, books, hilltops and views, such natural features shall be preserved whenever practicable.
o.
Not more than one outside television antenna shall be permitted per building.
p.
No building shall be designed for more than six dwelling units or occupied by more than six families.