Clementon City Zoning Code
ARTICLE XVII
General Provisions
§ 298-50 Intent; construction of provisions.
It is not intended by this chapter to repeal, abrogate, annul, void or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land to which the Borough is a party. Where any restrictions or requirements of other ordinances of the Borough of Clementon overlap with provisions of this chapter, the more stringent set of restrictions or requirements shall be controlling.
§ 298-51 Applicability of regulations.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used, for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the appended schedules;[1]nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the area and bulk requirements, off-street parking requirements and all other regulations designated in the schedules and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void.
[1]
Editor’s Note: The Bulk, Area and Zoning Requirements Chart is included as an attachment to this chapter.
§ 298-52 Preservation of natural features.
A.
No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface.
B.
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto.
§ 298-52.1 Checklist and completeness procedures.
[Added 6-18-2013 by Ord. No. 2013-10; amended 11-12-2013 by Ord. No. 2013-16]
There is adopted by ordinance an official submission checklist which specifies the information that must accompany all applications for minor site plans, major site plans, variances, and subdivisions under this chapter. No application shall be deemed complete under N.J.S.A. 40:55D-10.3 unless the requirements have been met or waived by the Land Use Board following a waiver request by the applicant. The Checklist is available and on file at Borough Hall.
§ 298-53 Site plan review; minor site plan; review fees.
[Amended 9-16-1968 by Ord. No. 68-13; 3-25-1991 by Ord. No. 91-5]
A.
Prior to application for a building permit for the construction of any garden apartments, commercial or industrial structure, structures to be utilized as a facility in an amusement park or multifamily housing, the developer shall submit a site plan to the Zoning Officer showing the location of the buildings or the principal buildings or use, the general building dimensions and the location of parking areas or driveways, the proposed grade and drainage, proposed sewerage connections, proposed plantings and proposed screening. The Zoning Officer shall refer said site plan to the Planning Board for review and recommendation.
[Amended 11-22-1993 by Ord. No. 93-15]
B.
The Planning Board shall review such site plan for spacing and orientation of buildings in relation to off-street parking and ingress and egress to the site; for safety, convenience and adequacy of vehicular and pedestrian circulation; for adequacy of landscaping and proposed site improvements (which may be referred to the Borough Engineer); and for overall conformity to provisions of the Master Plan of the Borough of Clementon. The Planning Board should initially determine whether or not the site plan can be classified as minor. If it is determined that it is a minor site plan, the review thereof should be referred back to the Construction and Zoning Officials. Thereupon, they would review the minor site plan application, unless they determined that an engineering review would be necessary. If no engineering review is deemed necessary, the application will be handled as a minor site plan.
C.
If the site plan is not classified as minor, it shall remain within the jurisdiction of the Planning Board. Both the Planning Board and/or the Construction and Zoning Officials shall, within 30 days after receipt of said plan, approve or disapprove the proposed development. The reasons for disapproval shall be clearly stated by the appropriate entity, and the Zoning and/or Construction Officials shall deny a building permit for the proposed development until such conditions have been corrected, any changes deemed necessary by the Planning Board have been made and the written approval of the Planning Board has been obtained.
D.
If it is determined that the application is a minor site plan, the obligor (applicant or developer) shall post in escrow with the Municipal Clerk an amount to cover review, inspection, planning and legal fees. This escrow for minor site plans shall be in the amount of $500. If at any time the escrow fund shall be deemed insufficient by the Planning Board or governing body to cover actual or anticipated expenses or fees, said escrow fund shall be subject to increase upon written notice from the Secretary of the Planning Board or the Borough Clerk.
E.
Multifamily housing. Any building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other is governed by the provisions of this subsection.
[Added 11-22-1993 by Ord. No. 93-15]
(1)
Any multifamily housing development requiring subdivision or site plan approval must include an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials.
(2)
The recycling area shall be large enough to accommodate a number of recycling bins and/or containers consistent with the anticipated usage.
(3)
Said recycling area shall be physically situated so as to not impair the flow of the normal collection process.
(4)
Said recycling area must be situated to be reasonably accessible to recycling personnel and vehicles.
(5)
The bins and/or containers shall be designed so as to provide maximum protection against adverse environmental conditions. Reasonable measures shall be taken to protect the recycling area against theft of the recyclable materials, bins and/or containers.
(6)
Signs and/or markers identifying the recycling area shall be posted. The bins and/or containers shall be plainly marked so as to indicate the material to be placed therein.
(7)
Protection by means of landscaping and/or appropriate fencing shall be provided around any outdoor recycling area.
§ 298-54 Accessory buildings.
[Amended 9-23-2008 by Ord. No. 2008-16; 11-15-2008 by Ord. No. 2008-21; 11-23-2010 by Ord. No. 2010-08]
A.
Each property shall be permitted two accessory buildings: one shed not to exceed 150 square feet and one garage for storing private vehicles not to exceed 24 feet by 24 feet.
B.
Accessory buildings in the B-1, B-2, B-3, M-1 and AP Zoning Districts require site plan approval.
C.
An accessory building that is attached to a principal building shall comply with the setback and yard requirements of the zone for the principal building.
D.
Detached accessory buildings are not permitted in the front yard area, and if located in the side yard area, the accessory structure must meet the setback requirements of the principal building.
E.
When situated in the rear yard, accessory buildings in residential and nonresidential zoning districts shall be a minimum of five feet from the rear and side property lines.
F.
Accessory buildings shall not exceed 14 feet in height in residential zones and shall not exceed 25 feet in height in the nonresidential zones.
§ 298-55 Off-street parking and loading.
[Amended 3-24-1986 by Ord. No. 86-2; 10-22-1990 by Ord. No. 90-12; 11-23-2010 by Ord. No. 2010-08]
A.
Required off-street parking.
(1)
The required number of parking spaces shall be prescribed by the schedule below:
Use | Number of Parking Spaces | |
|---|---|---|
Assembly and industrial operations | 1 per 800 square feet of GFA* | |
Bowling alley | 4 per alley or lane | |
Car wash | 5 stacking spaces for each lane plus 1 for each employee | |
Church or synagogue | 1 per 3 seats | |
Convenience store | 6 per 1,000 square feet of GFA* | |
Financial institutions/banks | 5 stacking per lane and 4 per 1,000 square feet of GFA* | |
Home occupation | 1 per 250 square feet devoted to business in addition to residential requirement | |
Hotel/motel | 1 per room and 1 per employee | |
Manufacturing | 1 per 400 square feet | |
Medical and dental offices | 1 per 200 square feet | |
Professional and business offices | 1 per 250 square feet | |
Restaurant or bar | 1 per 3 seats | |
Retail and shopping center | 1 per 250 square feet | |
Service station | 4 per bay plus 1 per employee | |
Warehouse | 1 per 4,000 square feet |
*GFA = gross floor area |
(2)
The provision of shared parking by two or more uses on adjacent lots is permitted, provided that the total parking provided shall not be less than the required spaces computed separately, and provided that a cross access and parking agreement is in place between the two properties.
(3)
Parking shall not be permitted in designated fire lanes, streets, driveways, aisles or where otherwise prohibited by Title 39 of the New Jersey Statutes.
(4)
No parking shall be permitted in any buffer area.
(5)
Parking stalls shall be a minimum of nine feet by 18 feet when set at ninety-degree angles. Parking stalls shall be 10 feet by 18 feet when shopping carts are provided for the use.
(6)
Parking for the handicapped shall be designed in accordance with application design standards at a ratio of one handicapped space for each 25 parking spaces. Each parking lot must have at least one handicap-accessible space.
(7)
Landscaped islands, containing ground cover and shrubs, shall be provided at the end of each parking row and shade trees shall be planted at forty-foot intervals around the perimeter of parking areas.
(8)
The following setbacks shall apply to parking areas other than residential driveways:
(a)
Parking may not be closer than 10 feet to the right-of-way line.
(b)
Parking must be set back a minimum of five feet from side and rear lot lines that abut a nonresidential property, except that when there is shared parking, the parking areas on adjacent lots may be connected.
(c)
Parking must be set back a minimum of 10 feet from an abutting residential property.
B.
Loading and service areas.
(1)
Adequate areas must be provided for all nonresidential uses (and for multifamily uses when needed) for unloading of delivery trucks, refuse collection, fuel fire and other service vehicles.
(2)
Loading areas may not be located in a front yard and may not be located in a public street.
(3)
Loading areas shall have a minimum clearance of 14 feet and shall be a minimum of 10 feet wide by 35 feet long.
(4)
At least one loading space shall be provided for each nonresidential use, unless the use is less than 5,000 square feet and sufficient evidence can be provided that a loading space will not be needed based on the operations of the site.
C.
Driveways.
(1)
Driveways shall be a minimum of 12 feet wide for one-way and 24 feet wide for two-way traffic and may not be any more than 40 feet in width.
(2)
All parking lots and driveways must be surfaced and paved in accordance with Borough standards.
(3)
For nonresidential uses, no driveway edge shall be closer than 100 feet to an intersection or closer than 20 feet to a property line.
D.
No commercial vehicle parked for the purposes of advertising or display shall remain out of doors in any district for more than 48 consecutive hours. This does not include commercial vehicles with simple lettering identifying the name of a commercial business, where letters are no greater than six inches and there are no more than four lines of text.
§ 298-56 Signs.
[Amended 11-23-2010 by Ord. No. 2010-07]
A.
Applicability. The provisions of this section shall apply to the construction, erection, alteration, use, type, number, location, size, design, and maintenance of all signs. This section is intended to regulate and control signs and their placement and construction throughout the Borough of Clementon. Each site plan or subdivision application shall include, where necessary, a sign plan showing the specific design, location, size, height, construction and illumination of proposed signs in accordance with the regulations within this chapter. Sign permits are also required when a sign is proposed not in conjunction with a site plan or subdivision application.
B.
Purpose and intent. The purpose of the sign regulations is to provide a legal framework for a comprehensive and balanced system of signage that will preserve the right of free speech and expression, provide an easy and pleasant communication between people and the built environment, protect and enhance the scenic qualities of the Borough, and avoid visual clutter that is potentially harmful to the character of the community, the aesthetics of the Borough, and potentially unsafe for motorists and pedestrians. The sign regulations are intended to minimize the potential for safety hazards, create a more productive, enterprising and professional business atmosphere, and to enhance the architectural and planned character of each zoning district.
D.
General regulations and requirements.
(1)
Any sign hereafter erected in Clementon Borough which is exposed to public view shall conform with the provisions of this section and any other ordinance or regulation of Clementon Borough, Camden County, or the state or federal government relating to the erection, alteration or maintenance of signs. In the event of conflicting regulations, the most restrictive regulation shall prevail. Signs shall be considered accessory uses in all zoning districts when placed in conformance with the provisions of this section.
(2)
No sign other than exempt signs shall be erected without first obtaining a sign permit from the Zoning Officer. Permit applications for signs larger than two square feet in area shall be accompanied by a plan, drawn to scale, showing details of the sign, its size, and its location on the building or lot. A color photograph of each existing sign on the property shall be submitted with the permit application. Fees for sign permits shall be paid in accordance with a fee schedule adopted by the Borough Council.
(3)
All signs, flags, and banners as provided for in these regulations shall be kept in a proper state of repair, in accordance with the Uniform Construction Code and other pertinent regulations. Signs that fall into a state of disrepair so as to become unsightly or to pose a threat to public safety will receive a warning via certified mail from the Zoning Officer, and if after 30 days it is not removed it may be removed by the Borough at the owner's expense.
(4)
Nonconforming signs which are structurally altered, relocated or replaced shall comply with the provisions of this section. A change in copy is not an alteration or replacement in accordance with this section. Nonconforming signs must be maintained in good condition. If the use of a nonconforming sign ceases for a period of more than 180 days or if the premises upon which the nonconforming sign is located is abandoned, the nonconforming sign must be removed or replaced with a conforming sign.
(5)
No sign other than official traffic or other similar official signs shall be erected within or project over the right-of-way of any public street or sidewalk except as provided herein.
(6)
Signs shall not be located at the intersection of any streets within the triangular area formed by the right-of-way lines and a line connecting them at points 25 feet from their intersection. No sign may impede the safe vision of motorists and pedestrians or otherwise endanger their safety.
(7)
Exempt signs. The following signs are exempt from the need to secure permits:
(a)
Signs required by law/ government signs.
(b)
Any sign or graphic integrated into or on a coin-operated machine, vending machine, gas pump or telephone booth.
(c)
Any sign carried by a person.
(d)
Decorations for any officially recognized holiday, provided they do not create a fire or traffic hazard and provided that the decorations are removed within 30 days after the holiday.
(e)
Political signs associated with an election or referendum, provided that such signs are on private property and are removed within seven days after the day of voting.
(f)
Temporary yard or garage sale signs, provided that such signs are erected on private property, are no more than four square feet in area, are erected no more than seven days before the sale, and are removed within 24 hours after the sale.
(g)
Temporary real estate signs on the lot on which the real estate for rent or for sale is located shall be limited to one per lot frontage. The signs may not be more than four square feet and four feet high for residential property and eight square feet and six feet high for commercial property. They must be removed within 14 days of the sale or rental of the property. Open-house signs are also permitted, but only on the day of the open house and not within the public right-of-way.
(h)
Temporary "Grand Opening" signs are permitted for an occupant of a shopping center or other single-use or multi-use commercial building. The sign may not exceed 20 square feet and may not be displayed for more then two weeks out of a calendar year. The sign must comply with all requirements to protect the public health and safety.
(i)
Temporary (30 days or less) banners advertising special events sponsored by or held by the Borough, county, school district, fire department, or the like.
(j)
Temporary signs may be erected for residential developments or commercial sites that are under construction. The temporary sign must meet the setback and size requirements for the zone and may not be installed until construction has commenced. The sign must be removed within one year or upon installation of the permanent signs.
(k)
American, state, county and borough flags.
(l)
No "Trespassing" signs.
(m)
Directional signs less than two square feet in area that do not contain any advertising.
(8)
Illuminated signs in residential zoning districts and in all districts when the lot is immediately adjacent (including directly across a street) to a residential district must be turned off between the hours of 10:00 p.m. and 6:00 a.m. This does not apply to residential name plates.
(9)
All ground and freestanding signs must be a minimum of 50 feet from the nearest other sign.
(10)
Architectural details may extend up to 12 inches on the sides and top of the sign. For monument or ground signs, the architectural base may be up to 30 inches above grade. More expansive walls or architectural elements require site plan approval.
(11)
Wall signs shall be attached to the face of the building in a plane parallel to such face and projecting not more than 12 inches therefrom and shall not extend higher than the top of the parapet. Wall signs shall not cover wholly or partially any wall opening, including doors, fire escapes or windows, nor shall they extend beyond the ends of the wall.
(12)
As described in Subsection E below, shopping centers or developments with more than one use on a site are permitted one ground or freestanding sign per street frontage for the entire site, which may include tenant panels. Individual tenants or occupants may have wall or facade signs or other attached signs as described in Subsection E below, but may not have individual ground or freestanding signs.
(13)
Ground or freestanding signs must have the address of the site identified prominently on the sign.
(14)
The size of any sign shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures.
(15)
Signs advertising an establishment or use no longer in existence, or a product no longer available, shall be removed within 14 days.
(16)
Each sign may have a principal message identifying the business and the service offered. Additional advertising of products and services is not permitted on the sign.
E.
Schedule of sign use and bulk regulations. Signs shall be permitted in each zoning district with the issuance of a zoning permit according to the following use regulations and other applicable requirements of this section.
(1)
Permitted signs in residential districts.
Use or Function | Type of Sign Permitted | Total Number of Signs Permitted | Maximum Size (square feet) | Maximum Height (feet) | Minimum Setback* (feet) |
|---|---|---|---|---|---|
Nameplate for residence | Ground, hanging, wall | 1 per lot | 1 1/2 | 3 for ground sign | 10 |
No Solicitation | Wall | 1 within 2 of front door | 1 | n/a | n/a |
Permanent subdivision identification | Ground | 1 per entrance | 20 square | 6 | 10 |
Institutional uses (school, municipal facilities, library, etc.), public parks and playgrounds, religious uses, child-care centers | Ground or facade | 1 per street frontage | 24 | 8 for ground | 10 |
NOTES: * Minimum setback applies to all property lines. |
(2)
Permitted signs in nonresidential districts.
Zone | Use | Type of Sign | Total Number of Signs Permitted | Maximum Size (square feet) | Maximum Height (feet) | Minimum Setback (feet) |
|---|---|---|---|---|---|---|
All nonresidential* | Any permitted | Facade or wall | 1 per street frontage on principal structure | 1 for each linear foot of building frontage or 40, whichever is less | n/a (may not extend above roof) | Same as building |
PO/R | Permitted office uses | Ground or monument | 1 per street frontage | 12 | 6 | 10 |
B-1, B-2, B-3, M-1 | Any permitted but not part of a shopping center or planned development | Freestanding, ground or monument | 1 per street frontage | 24 | 6 | 10 |
AP, B-1, B-2, B-3, M-1 | Amusement park or shopping centers | Freestanding (or pole), ground, or monument | 1 per street frontage | 40 | 16 for freestanding; 8 for ground | 10 |
All nonresidential | Any permitted | Window | No more than 25% of the window area | n/a | Same as building | |
Any nonresidential | Gasoline filling stations only | Canopy | 1 per street frontage | 21 | Minimum clearance for vehicles, 10 | Same as building |
Any nonresidential | Only permitted if a wall sign is not proposed, and only on the vertical hang | Awning | 2 per street frontage | No more than 25% of the awning area and letters not more than 5 inches | 15 | Same as building |
NOTES: *For the purposes of the sign regulations "any non-residential" means all non-residential zones including those residential zoning district in which non-residential uses are permitted as a conditional use. |
F.
Design regulations.
(1)
A total increase in size and height of up to 10% may be allowed for monument or ground signs that are designed with carved or sandblasted copy and borders.
(2)
Freestanding and ground signs shall have a landscaped area around the base. The landscaped area shall be a minimum of 1.5 times the area of the sign. For example, a twenty-four-square-foot sign must have a minimum thirty-six-square-foot landscaped area at the base. The landscaping should include evergreen shrubs and ground cover and seasonal flowers.
(3)
There should be a consistent sign design theme throughout a particular project. The design theme should include style of lettering, illumination, color, height, construction material, size, and type of pole or structure. Color of letters and background should be carefully considered in relation to the color and material of the buildings and where the signs are proposed to be located. Signs should be a subordinate feature of the plan relative to the principal structure. The design of a sign must be integrated into the design of the building to which it relates. Adjacent property owners should also seek harmony in design with the neighboring properties.
(4)
Signs must be located on a lot so that they are not within the public-right-of-way and do not interfere with sight distances at street intersections or ingress and egress points to a lot. Signs intended to be seen from a vehicle should be perpendicular to the line of travel, while signs designed to be read by pedestrians can be parallel with walkways.
(5)
Sign lettering. The standard letter height for signs is a letter size of two inches plus one additional inch for each 25 feet of viewing distance. A sign designed to be read from 100 feet away should have letters of at least sixinches.
(6)
Illumination. Signs may be illuminated internally or from an outside source directed at the sign from above and shielded so as not to create glare or unnecessary light pollution.
G.
Prohibited signs. Any other provisions of this section notwithstanding, the following signs shall be prohibited in all zoning districts unless otherwise specified:
(1)
Signs which contain or are an imitation of an official traffic signal or hide from view any traffic street signal or sign or that have any characteristics that are likely to confuse or dangerously distract the attention of the operator of a motor vehicle operator.
(2)
Signs which are designed to move, either by mechanical or other means.
(3)
Signs which contain or consist of banners, posters, pennant ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices. (This does not include permitted flags.)
(4)
Signs which flash or scroll, except for time and temperature indicator.
(5)
Electronic message boards are only permitted for public institutions such as schools, municipal buildings, fire halls, etc., and may not change message more often than every 30 seconds. Such signs may only have one color, may not be more than 24 square feet in area, may not contain more than two lines of text, and must be approved by the Land Use Board.
(6)
Signs which emit odors or smoke or produce noise or sounds capable of being heard even though the sounds produced are not understandable.
(7)
Silhouetted or three-dimensional signs, e.g., signs lacking a background and having letters, figures, or devices silhouetted against the sky or other open space not a part of the sign, and/or signs in which objects or representational devices are present in the round or other than in a vertical plane.
(8)
Any freestanding sign or any sign projecting from a building within a triangular area bounded by the intersection of two right-of-way lines and a line connecting points 30 feet from such intersection along the right-of-way lines, whether existing or shown on the Master Plan or in sight-clearance triangles specified in other regulations.
(9)
Signs located or placed on any tree, telephone or utility pole or light standard or upon rocks or other natural features.
(10)
Tubes of lighting or strings of lights may not outline the rooflines, doors, windows or wall edges for advertising purposes. This provision does not apply from Thanksgiving Day through January 25 (during the Christmas season).
(11)
Portable signs, such as those on wheels.
(12)
Signs projecting above the roof or the main cornice line of the building to which it is affixed.
§ 298-57 Storage of materials, refuse and recyclables.
[Amended 11-23-2010 by Ord. No. 2010-08]
A.
Trash and recycling containers.
(1)
Refuse and recycling containers and dumpsters for multifamily residential and nonresidential uses must be contained in an enclosure and shielded from the public view. Such areas may not be located in the front yard area.
(2)
All refuse and recycling containers shall be enclosed by a decorative fence or masonry wall finished to match the principal structure, a minimum of five feet high, with locking gates on the front.
(3)
All refuse and recycling areas shall separate and provide distinct containers for recyclable and nonrecyclable trash.
(4)
All refuse and recycling areas shall be surrounded on three sides by a five-foot-wide landscaped area.
(5)
Where refuse disposal units are used for townhouse, condominium or apartment dwellings, the disposal locations shall be conveniently located between 25 and 150 feet from each building.
B.
No front yard shall be used for open storage of portable pools, vehicles, boats or any other equipment except for in driveways where the parking of operable vehicles is permitted.
C.
No side or rear yard shall be used for open storage of house trailers, camp cars, vehicles or boats exceeding 16 feet in length.
D.
Where permitted, outdoor storage areas must be screened from public view by decorative fencing and/or evergreen landscaping.
§ 298-58 Screening.
Any use required by this chapter to be screened shall be contained within a fence or wall six feet high or a visual screen consisting of evergreen or evergreen-type hedge or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition within 10 feet of the property line.
§ 298-59 Permitted modifications and exceptions.
A.
Height. The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than 50 feet unless explicitly permitted by the schedules of this chapter.[1]
[1]
Editor's Note: The schedules are included at the end of this chapter.
B.
In the case of irregularly shaped lots, the minimum lot width specified in the schedule shall be measured at the rear line of the required front yard area, provided that in no case shall the frontage or the distance between side lot lines be reduced to less than 50% of the minimum frontage requirements.
§ 298-60 Prohibited uses.
A.
Barns, structures of temporary nature, tents and trailers shall not be used within the confines of this Borough for sleeping or dwelling purposes.
B.
The use of any real property within the confines of the Borough as a trailer camp shall be prohibited.
C.
The use of any real property within the confines of the Borough as a junkyard, dump or public or private use of that nature shall be prohibited.
D.
The use of any real property within the confines of the Borough as a gravel pit, sand pit, topsoil or turf removal or other similar surface stripping shall be prohibited.
E.
No solid fence shall be permitted upon any land, and no fence of any type of a height greater than four feet shall be permitted without the approval of the Board of Adjustment.
F.
Farm animals, such as horses, mules, ponies, hinnies, donkeys, cows, llamas, alpacas, commercial hogs, emus, peacocks, geese, guinea hens and roosters, excluding dogs and cats, potbelly pigs, goats, sheep, ducks, chickens, rabbits and other small animals, are prohibited in residential zones R-1, R-2 PO/R, A-P and R-5.
[1]
Editor's Note: Former Subsection F, prohibiting farm animals in residential zones, added 10-24-2006 by Ord. No. 2006-19, was repealed 6-17-2014 by Ord. No. 2014-09.
G.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), Class 1 Cannabis Cultivator businesses, Class 2 Cannabis Manufacturer businesses, Class 3 Cannabis Wholesaler businesses, and Class 4 Cannabis Distribution businesses are prohibited from operating anywhere in the Borough of Clementon, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the Borough of Clementon.
[2]
Editor's Note: This ordinance also redesignated former Subsection G as Subsection H.
H.
Any use not specifically permitted in a zone is prohibited.
[Added 10-24-2006 by Ord. No. 2006-19]
§ 298-61 Distances between certain businesses or uses.
[Added 3-28-1983 by Ord. No. 83-3; amended 3-8-2005 by Ord. No. 2005-08]
Businesses or uses commonly known as those involved in selling, exchanging, handling or otherwise disposing of used or secondhand motor vehicles cannot be situated within 1,200 feet of each other. These uses or those substantially similar thereto are specifically prohibited from being situated within 1,200 feet of each other, measured from the property line of said use.[1]
§ 298-61.1 Steep slope regulations.
[Added 11-12-2013 by Ord. No. 2013-16]
A.
Purpose. The purpose of this section is to prevent the erection of dwellings or other structures in areas unsuitable for building sites; to minimize danger to public health by protecting watersheds; to discourage erosion of soils by maintaining adequate foliage cover on hills; and to promote the perpetuation of open space on hillsides. Slope areas may be located within any zoning district in the Borough.
B.
Designation of areas.
(1)
The steep slope areas shall include all areas in the Borough in which the slope is 12% or more, as indicated on the current topographic maps of the United States Geological Survey or on a recent topographical survey prepared on behalf of any property owner. Slope calculation shall be based on contour intervals of 10 feet in accordance with standard engineering procedures.
(2)
Areas subject to steep slope and stream area restrictions shall be indicated on a map maintained by the Borough and available to the Zoning Officer and Land Use Administrator.
C.
Uses permitted. The following uses are the only uses permitted in areas subject to steep slope and stream area controls:
(1)
Buildings may be constructed in accordance with the regulations of the applicable zoning district, after consideration of the conservation design opportunities to minimize disturbance to the slope. No portion of a building may be constructed on a slope where the grade exceeds 20%.
(2)
Tree farming, forestry and other agricultural uses, when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.
(3)
Agriculture uses when conducted in conformance with conservation practices to ensure sufficient protection against soil erosion.
D.
Procedures.
(1)
Any person desiring to change or in any way modify an existing use of land in an area subject to these controls shall supply a statement to the Zoning Officer signifying his intentions that the intended use of the land will be a use permitted by these regulations.
(2)
If such change in use involves the construction of any building, the applicant shall, in addition, furnish the Zoning Officer with a statement prepared by a registered civil engineer or surveyor to the effect that the proposed building will not be erected on any land where the percentage of grade exceeds 20%. No certificate of occupancy shall be granted until the Zoning Officer has inspected the building site and determined that the regulations imposed by this section have been observed.
E.
Special exemptions. Single-family residences or a portion thereof may be constructed on a slope whose grade exceeds 20% if the building is constructed in such a manner which does not disturb the existing grade and natural soil conditions and where the applicant can prove a hardship. Such a special exception will be considered a variance. An applicant shall supply the Land Use Board with the following and any other information deemed necessary.
(1)
Site plan of the property indicating existing grades, with contour lines at two-foot intervals, and proposed grades;
(2)
Landscaping plan indicating proposed paved areas, storm drainage facilities, and ground cover, as well as trees and ornamental shrub locations;
(3)
Architectural plans, elevations and cross sections; and
(4)
A statement prepared by a registered architect stating an explanation of the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion.
§ 298-61.2 Environmental impact statement.
[Added 11-12-2013 by Ord. No. 2013-16]
A.
Purpose. It is the purpose of this section to require, as a part of a development application for any site plan, major subdivision, general development, planned unit development or planned residential open space development or any new type of development approval or classification hereinafter authorized to be undertaken in the Borough of Clementon, the submission of an environmental impact statement. The purpose of requiring such a statement is to assist the Land Use Board and its consultants in assessing the impact of a proposed project upon the local and regional environment, particularly with respect to water and air resources, pollution of all kinds, topography, drainage, waste disposal, wildlife habitat and the landscape. No application for development shall be approved unless it has been affirmatively determined that the proposed project will not result in a significant adverse impact to the environments, has been conceived of and designed in a way that will not impair natural processes and will not place disproportionate excessive demand upon the total resources available to the project site and the impact area.
B.
Filing and review of environmental impact statement.
(1)
Each applicant for approval with respect to any site plan, major subdivision, general development, planned unit development or planned residential open space development or any new type of development shall file 18 copies of the environmental impact statement, together with the original application. Upon application by an applicant for minor site plan approval, the Planning Board or Zoning Board of Adjustment may waive the requirement for submission of an environmental impact statement or modify or reduce the requirements of the environmental impact statement as circumstances warrant. No environmental impact statement shall be required for a minor subdivision.
(2)
The Land Use Board shall examine the applicant's environmental impact statement in detail, together with the comments from the Board's professionals and the Environmental Commission. If such statement is deemed to be lacking in sufficient detail or is incomplete in any detail, the Board Secretary shall reject the development application as being incorrectly filed; provided, however, that the applicant shall be notified thereof within 45 days of submission of the application, or it shall be deemed properly submitted.
(3)
The Borough Committee recognizes that providing information is essential to the orderly growth and planning of the Borough, and it further recognizes that the time lapse between preliminary or tentative development approvals and final approvals often results in environmental impact(s) which must be properly analyzed. It is therefore required that the provisions of this article with respect to the submission of an environmental impact statement shall apply to both applications for preliminary or final approval where no environmental impact statement has been previously submitted for any section or sections of a development heretofore or hereafter receiving preliminary or tentative approval.
C.
Contents of environmental impact statement.
(1)
The environmental impact statement shall contain the following information:
(a)
Plan and description of development and proposed use of site. A project description, which shall specify what proposed complete with maps and drawings, said maps and drawings to be drawn at a minimum scale of one inch equals 100 feet. The description shall include but not be limited to the following:
[1]
Contours.
[2]
Flood hazard areas.
[3]
Depth to seasonally high-water table.
[4]
Buildings.
[5]
Roads.
[6]
Paved areas.
[7]
Grading and regrading.
[8]
Adjacent natural streams.
[9]
Relationship to surrounding utilities.
[10]
Method and schedule of construction.
[11]
Solid waste generation and disposal.
[12]
Wastewater pretreatment.
[13]
Noise.
[14]
Pollution to be generated.
(b)
Inventory of existing environmental conditions on the site and in the area affected by the proposed development, including the location of testing, shall be provided and shall describe:
[1]
Water quality, water supply hydrology, groundwater level and condition.
[a]
Surface water and groundwater studies for all applicants shall include the analysis of the state standards for residential cleanup and, without limitation, the following performed by a New Jersey State certified laboratory facility: pH, nitrates, total suspended solids, total phosphates, BOD, fecal coliform, chlorides, turbidity.
[b]
Any applicant whose property lies in a watershed affected by any upstream manufacturing or commercial establishment or whose property itself is such a manufacturing or commercial establishment shall include, in addition to the provisions hereinabove, the analysis of the following: arsenic, cadmium, chromium, copper, iron, lead, zinc, mercury.
[2]
Air quality.
[3]
Noise characteristics and levels.
[4]
Geology.
[5]
Soils and properties thereof, including capabilities and limitations.
[6]
Topography.
[7]
Slope.
[8]
Slope stability.
[9]
Terrain.
[10]
Soil permeability.
[11]
On-site and off-site sewerage systems, public and private.
[12]
Vegetation. A separate map of existing vegetation shall be submitted with a scale identical to the development plan(s) in accordance with the Tree Preservation Ordinance.
[13]
Wildlife and wildlife habitat.
[14]
Aquatic organism.
[15]
Historical and archaeological sites.
[16]
Prior land uses.
(2)
The applicant may consult the Borough's Environmental Resources Inventory for reference to the extent that the Borough's inventory is relevant to the tract and affected area.
(3)
Assessment of the environmental impact of the project.
(a)
An assessment of the environmental impact of the project upon the factors described hereinabove based on environmental data shall be submitted and shall include an evaluation of water use, liquid and solid waste disposal and the effects of liquid and solid waste on the quality and quantity of surface water and groundwater. The assessment shall include an evaluation of the compatibility in use and scale of the project with employment, shopping, schools, roads, open space and police and fire protection. All potential impacts are to be defined to include but not be limited to:
[1]
Impact on geological and soil stability.
[2]
Impact on soil erodability.
[3]
Impact on groundwater, aquifers and aquifer recharge areas.
[4]
Impact on streams and lands within or near the site, whether man-made or natural.
[5]
Impact on vegetation and wildlife.
[6]
Displacement of families or individuals.
[7]
Noise.
[8]
Light.
(b)
Damage to plant, tree and wildlife systems, displacement of existing farms and increase in sedimentation and siltation should be evaluated.
(c)
Any data submitted by the application with the application or to other agencies including, but not limited to the New Jersey Department of Environmental Protection, the Camden County Board of Health and the Camden County Soil Conservation District, having jurisdiction over one or more of the environmental elements specified in this section shall be accepted by the Land Use Board as fulfilling the data requirements for the EIS, to the extent applicable.
(d)
Evaluate any unusual environmental impacts and damages to natural resources both on the tract and in the affected area.
(e)
Describe the steps to be taken to minimize environmental impacts during construction and during operation with particular emphasis upon air or water pollution. The description of steps to be taken shall be accompanied by appropriate maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
(f)
Alternatives. The applicant should provide a statement of alternatives to the proposed project, consistent with the zoning on the site, which might avoid some or all of the unusual environmental effects of the proposed project. The statement shall include the reasons for the acceptability or nonacceptability of each alternative.
(g)
Water supply. A showing that an adequate potable water supply is available and not threatened by nearby use of other land and the following;
[1]
Location and depth, insofar as such information is practically available, of all private and public water supplies within 200 feet of the site or in the affected area, whichever is greater.
[2]
Location, depth and adequacy of proposed water supplies to serve the proposed project.
[3]
Geologic description of subsurface conditions, including expected groundwater yields, using published geologic reports or a statement by a geologist.
(h)
A summary of stormwater impacts taken from the stormwater report.
(i)
Solid waste disposal.
(j)
Air pollution. A showing that emissions from point sources will be in compliance with state and federal laws and regulation and a description of the means by which dust will be controlled during construction.
(k)
A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each. Where wetlands are present, a copy of the letter of interpretation and any general permits must be submitted with the EIS.
(4)
Environmental criteria in reviewing applications for development.
(a)
The Land Use Board shall consider the impact of the applicant's proposal upon all aspects of the environment, including but not limited to: sewage disposal, water quality, water supply, wetlands, preservation of trees and vegetation, protection of watercourses and wetlands, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems, the presence of nuisance factors, archeological factors.
(b)
The Board's determination upon any application for development shall consider the environmental impacts affecting the subject property. In reaching a conclusion on the acceptability of an environmental impact or the protective measures to be taken, the Board shall accept approvals obtained by the applicant from other agencies having jurisdiction over one or more of the elements insofar as such approvals satisfactorily address environmental impacts identified under this article, such as the New Jersey Department of Environmental Protection and Energy, the Camden County Board of Health, the Camden County Soil Conservation Service, and the Borough Environmental Commission.
§ 298-61.3 Fences.
[Added 5-17-2022 by Ord. No. 2022-08]
All fences erected in the Borough of Clementon, County of Camden and State of New Jersey, shall be subject to the following regulations:
A.
A fence permit is hereby required for the installation of any fence in the Borough of Clementon. The fee for each fence permit issued shall be $75.
[Amended 11-21-2023 by Ord. No. 2023-17]
B.
The term "fence" shall include walls not part of other structures, but shall not include any temporary plantings or enclosures intended for weather protection. Except where specifically provided herein to the contrary, none of the restrictions or provisions shall apply to living fences.
C.
No solid fence shall be permitted within the front yard of any property.
D.
No fence higher than four feet shall be erected in any front yard in a residential zone, and no fence exceeding six feet shall be permitted in the side and rear yards without the approval of the Joint Land Use Board.
E.
With the exception of rear property lines, no fences higher than four feet shall be erected along a public right-of-way. Any fence erected along a public right-of-way shall be set back at least five feet from the property line.
F.
All fences shall be erected with the face or finished side away from the property and the structural side toward the interior of the property. Fence gates shall have a latch and shall open into the property and not onto the sidewalk, street or other adjacent property.
G.
Any use required to be screened shall be contained within a fence or wall six feet high or a visual screen consisting of evergreen or evergreen-type hedge or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition within 10 feet of the property line.
H.
Fences shall be erected in a manner as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
I.
Fences higher than six feet, such as those required around a tennis court, may be permitted in a residential zone by the Joint Land Use Board. However, such a fence shall meet minimum side and rear yard requirements for an accessory building. For fences required around a swimming pool, elevation shall be a minimum of four feet above ground level.