Fairfield City Zoning Code
ARTICLE IV
General Regulations
§ 45-9.1 Conformity Required.
[1969 Code § 75-9; Ord. No. 591; Ord. No. 738]
No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such building or premises is located.
§ 45-9.2 Construction.
[Ord. No. 2007-19 § 1]
All construction shall comply with any approved Board of Adjustment/Planning Board Application, site plan, construction permits or any other Federal, State and local statutes, ordinances and regulations.
§ 45-11.1 Changes in Use Group.
[1969 Code § 75-11; Ord. No. 591; Ord. No. 738; Ord. No. 93-61 § II; New]
No change in use of a nonresidential building and no change, extension or alteration of a nonconforming use shall be made until a Certificate of Occupancy shall have been issued by the Construction Official in accordance with the Uniform Construction Code N.J.A.C. 5:23-2.6.
§ 45-12.1 Adult Uses.
[1969 Code § 75-12.1; Ord. No. 771; Ord. No. 2006-16 § 2]
The following adult uses shall be prohibited in all zones in the Township:
§ 45-12.2 Yards.
[1969 Code § 75-13; Ord. No. 591; Ord. No. 738]
Every lot must provide front, rear and side yards as required by its zone. All front yards must abut and face upon a dedicated and improved public street.
§ 45-12.3 Principal Buildings.
[1969 Code § 75-14; Ord. No. 591; Ord. No. 738]
Only one principal building may be erected on a lot, except for related, compatible buildings constituting one basic use or operation, under one management, and limited to the following:
§ 45-12.4 Accessory Structures and Uses.
[1969 Code § 75-15; Ord. No. 591; Ord. No. 738; Ord. No. 962; Ord. No. 93-64; New; Ord. No. 2005-11 § 2; Ord. No. 2007-07 § 1; Ord. No. 2007-19 § 1; Ord. No. 2008-05 § 4; Ord. No. 2009-09 § 2]
No accessory structures, including but not limited to temporary accessory structures with or without permanent foundations, or accessory uses in any district shall be constructed, except in conformance with the following:
a.
No accessory structures or use may be built, placed or permitted upon any lot on which there is no principal building.
b.
Accessory structures or uses shall be permitted only in that area of the lot between the rear line of the principal structure and the rear property line, subject to restrictions or allowed uses specifically mentioned in this chapter and pertinent to the buildings or uses.
c.
No accessory building or structure shall be built within 10 feet of the principal building nor within six feet of another accessory structure nor encroach in any easements located on the property, unless specifically permitted by such easement. An applicant must submit a copy of such easement to enable the Township Board and/or official to determine compliance with this provision. A deck to or around an above ground pool which is not attached to a dwelling must be a minimum 10 feet from the principal structure and 15 feet from all side and rear property lines. A deck that is attached to a dwelling may extend to or around an above ground swimming pool provided it satisfies the following conditions.
d.
If a garage or carport is attached to the principal building, it shall comply in all respects with the requirements for the principal building. A maximum of three garage doors shall be permitted, with the aggregate width not to exceed 27 feet. Garage door openings may not exceed eight feet in height.
e.
No accessory building shall be used as a dwelling unit.
f.
No accessory buildings or uses in a residential zone may occupy, in the aggregate, more than 25% of the accessory use area and in no event shall the accessory building be larger than 600 square feet. Private swimming pools shall not be subject to the limitations set forth in this subsection.
g.
Satellite dish transmitting and receiving antennas shall be permitted as accessory uses in all nonresidential zones in accordance with the following conditions except that satellite dishes under two meters are exempt from these regulations:
The public health, safety, morals and general welfare objectives of this ordinance will be enhanced by the following regulations which would not unnecessarily burden the Federal interests in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers.
1.
The maximum diameter shall be 12 feet.
2.
Only one such antenna per principal building shall be permitted.
3.
They shall not be located in any front yard.
4.
They shall be located a minimum of 10 feet from any lot line.
5.
The antenna shall be securely anchored to a concrete pad and the surrounding area shall be suitably landscaped.
6.
The antenna shall be effectively screened from surrounding lots by landscaping, berming, fence or combination thereof.
7.
The maximum height of the antenna (in a vertical position) and mounting pad shall be 15 feet.
8.
All State and Federal requirements pertaining to radiation shall be complied with and proof of compliance shall be submitted with an application for a transmitting/receiving satellite antenna.
9.
In the event the applicant can demonstrate that the antenna will not function properly or provide adequate reception where installed in accordance with the above conditions, the Planning Board or a committee thereof shall grant a design waiver upon the showing of adequate proofs by qualified experts.
h.
Tents or canopies shall only be located in those areas where accessory uses or structures are permitted pursuant to this section and shall be restricted as follows:
1.
The use of tents and canopies is prohibited for the storage of property, or for coverage, protection or storage of motor vehicles, trailers or boats;
2.
Tents or canopies are restricted to a maximum height of 10 feet, measured from the base of the tents. This height limitation shall not apply to tents and canopies remaining in place for less than 96 hours.
3.
For permitted uses, tents or canopies may be erected or remain in place from May 1st through October 1st of each calendar year.
4.
Tents or canopies shall not be located closer than five feet from any side or rear lot line.
i.
Massage therapy shall be permitted as an accessory use to the following principal uses wherever they are permitted: health clubs, gyms, chiropractor offices, physical therapy offices, and medical doctor offices. The following limitations shall apply:
1.
Such accessory use shall occupy no more than 25% of the floor area open to the public and devoted to the permitted principal use to which it is an accessory.
§ 45-12.5 Parking of Certain Vehicles Restricted.
[1969 Code § 75-20; Ord. No. 591; Ord. No. 738; Ord. No. 945; Ord. No. 97-01 § 1; Ord. No. 2007-19 § 1]
a.
For purposes of the within subsection, the term "vehicle" shall include all motor vehicles, trailers, towed or towable equipment, trucks, tractors, vans and buses. Vehicles included in this subsection shall not include boats or motor homes which are regulated by other ordinances of the Township.
b.
On-street or off-street parking of the following vehicles is hereby prohibited in all residential zones and properties used for residential purposes, except during course of delivery of goods and/or services to the owner or occupant of a dwelling in said zone by the following: asphalt layers, bulldozers, dump trucks, backhoes, steam or compacting rollers, tractor trailers and/or tractors designed for pulling trailers, tow trucks, other heavy construction vehicles, and commercial flatbed or box trailers.
c.
On-street or off-street parking in all residential zones and properties used for residential purposes, of any vehicle exceeding 20 feet in length, or seven feet in height (inclusive of any racks or similar features attached to the vehicle) or containing more than four wheels, or carrying ladders or other equipment that is not an integral part of the vehicle or any vehicle containing visible debris or odorous material, is limited to two continuous hours duration per calendar day.
d.
Notwithstanding the provisions of Subsection c above, one vehicle owned by the site occupant referred to in Subsection d herein may be parked in any residential zone or properties used for residential purposes, provided they are garaged in an enclosed structure constructed with an opening not exceeding eight feet in height and one such vehicle owned by the site occupant may be parked off the street in said zones if the vehicle is reasonably screened in order that it may not be observed from any street or from off of the property where it is parked when viewed from no higher than seven feet off the ground surface. Screening must be visually consistent with the neighboring area and may consist of shrubbery, trees, trellis, latticework or basket-weave fencing, or other similar material. All screening shall be maintained in good condition. All screening shall also conform to any other Township ordinance, including any concerning fences.
e.
The provisions of this chapter do not apply to Township vehicles during periods of "on call" status within the Township, or vehicles for use by the owner or occupant of the premises equipped for usage by the handicapped and carrying Motor Vehicle Commission handicap license plates or placards.
f.
Measurements of length and height referred to herein shall be performed so as to include, but not be limited to, any racks, fixtures, devices, towed equipment, materials, ladders, trailers, or storage bins, permanently or temporarily carried by, attached to or affixed to the vehicle.
§ 45-12.6 Corner Lots.
[1969 Code § 75-21; Ord. No. 591; Ord. No. 738; Ord. No. 2000-19 § 1]
Where a lot is a corner lot or is bound by more than one street, the front yard setback shall be met on each abutting street. The required rear yard shall be that yard opposite the shortest street dimension, provided that where each street line is of equal dimension, the applicant may choose which yard shall be the rear yard for measurement purposes.
§ 45-12.7 Buffer Area and Screening Requirements.
[1969 Code § 75-22; Ord. No. 591; Ord. No. 738; New; Ord. No. 2000-19 § 1; Ord. No. 2004-16 § 4; Ord. No. 2009-03 §§ 1-3; Ord. No. 2016-10 § 3; Ord. No. 2017-05 § 3]
a.
A landscape buffer shall be provided within any nonresidential zone where a development abuts a residential zone, or is adjacent to a residence. The buffer shall provide a year-round visual screen and minimize adverse impacts from the site on adjacent properties.
The following buffer and landscaping requirements shall apply:
Zone | Buffer Width (feet) |
|---|---|
C-1 | 20 |
C-2 | 20 |
C-3 | 50 |
H-D | 50 |
O-P | 50 |
L-1 | 50 |
L-2 | 50 |
L-3 | 50 |
MUO-1 [Ord. No. 2016-10 § 3; Ord. No. 2017-05 § 3] | 15 |
RZO-1 [Ord. No. 2016-10 § 3; Ord. No. 2017-05 § 3] | 15 |
b.
Wherever the property line of a lot in the H-D U.S. Route 46 Special Highway Development Zone abuts a public school or public playground area, a buffer area shall be established which shall include an area of land 15 feet in width as measured from the property line. A stockade fence of a height of six feet shall be on the lot line of the highway zone that is adjacent to the public school or public park property.
c.
Frontage buffer areas shall be provided for all nonresidential uses. Frontage buffers shall be shown on the landscape plan and planted with grasses, deciduous trees, evergreens, berms, boulders, mounds or combinations thereof as approved by the Board which will enhance the appearance of the site. The design of landscaped berms shall be of sufficient height to screen parked cars from motorists on adjacent rights-of-way. In addition to required street trees, frontage buffers shall require a minimum of 10 shrubs for every 30 feet of frontage. If a landscaped berm is provided, the berm shall be at least 2.5 feet higher than the finished elevation of the parking lot and planting requirements may be reduced to five shrubs for every 25 feet of frontage. Frontage buffer plantings may be waived by the Board where existing natural growth is found to be sufficient for this purpose. No buildings, structures, accessory structures, parking, driveways, loading areas or storage of materials shall be permitted in the frontage buffer.
d.
A stockade fence of a height of at least six feet shall be erected at the residence zone boundary for the H-D, O-P, L-1, L-2 and L-3 Zones.
e.
Buffer areas will be contiguous with residential property lines and shall be of uniform width.
f.
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material that does not live shall be replaced within one year or one growing season, provided all landscape plans as approved shall be continually complied with.
g.
No structure, activity, storage of materials, driveways or parking of vehicles shall be permitted in the buffer area, other than the crossing of utilities or nonstructural stormwater measures. No land disturbance shall occur within a buffer area except for utilities and nonstructural stormwater management measures.
h.
Requirements for Planting in Buffer Area.
1.
A solid and continuous landscaped screen shall be planted and maintained to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. The landscaped screen shall consist of native vegetation including evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall not be less than eight feet high when planted, and the lowest branches shall be not more than one foot above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery. A Landscape Architect or Licensed Engineer shall certify that native vegetation species are being utilized pursuant to this section.
2.
In addition to the landscaped screen, shade trees shall be planted by the applicant at a distance of not more than 40 feet from each other.
3.
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscaped screen. In the event that the approving authority finds that further plantings of evergreens will not grow satisfactorily in said buffer areas, stockade fence(s) six feet high shall be erected in the buffer area.
i.
The Board shall have the power to waive any requirements or details specified above if it determines an adequate buffer can be provided in less than the required width while affirming the purposes of this section. The Board, when considering waiving any buffer requirement, shall review the proposed plan and the standards and purposes of this chapter and, to these ends, consider the location of buildings, parking areas, lighting, topographic features of the area and existing features, such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of screening and parking areas, structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.
§ 45-12.8 Design of Exterior Building Walls.
[1969 Code § 75-22.1; Ord. No. 720]
a.
The Planning Board or Board of Adjustment shall approve the type of materials utilized in the construction of exterior building walls with particular attention to visual compatibility, aesthetics, proximity of residential uses, and the character and quality of development in the immediate surrounding area. The use of plain concrete block as an exterior finish is prohibited.
b.
In the case of a building addition, the Planning Board or Board of Adjustment shall designate those exterior exposures which are to be constructed of decorative material.
§ 45-12.9 Enclosure of Roof Structures.
[1969 Code § 75-22.2; Ord. No. 720]
Mechanical equipment, including equipment located on the roof and structural supports, shall be concealed by structures which are integrally designed with the building.
§ 45-12.10 Ground-Mounted Equipment.
[1969 Code § 75-22.3; Ord. No. 729; Ord. No. 2013-07]
a.
In any nonresidential zone, ground-mounted structures such as mechanical heating and ventilating equipment, air-conditioning units, transformer boxes, emergency generators, or any other structure may not be located in the front yard. Ground-mounted equipment may only be placed in the side and rear yards and must be screened by an enclosure approved by the Municipal Zoning Officer.
b.
In any residential zone or any property used for residential purposes, ground-mounted generators for emergency use when the municipal power grid is off-line are permitted to be used when installed and used in accordance with the following regulations:
1.
Must be permanent and incidental to the residential use and meet the following technical requirements:
(a)
Must be located so as to minimize noise and visual impact on adjacent properties with use of appropriate sound attenuated enclosures, screening, and landscaping approved by the Municipal Zoning Officer.
(b)
May not be located in the front yard. May only be placed in the side and rear yards with a minimum setback of 10 feet from the rear and side property lines.
(c)
Generator operating sound output may not exceed State statute (N.J.S.A. 13:1G-T) as measured from the closest property line.
(d)
To be operated only during power loss or for maintenance operation. Maintenance operation shall only occur between the hours of 11:00 a.m. to 1:00 p.m. Monday through Friday and in accordance with manufacturing specifications.
(e)
Be in compliance with all Federal, State, and Local laws and regulations.
2.
Must obtain all required construction permits.
§ 45-12.11 Outdoor Storage.
[1969 Code § 75-23; Ord. No. 591; Ord. No. 714; Ord. No. 738; New; Ord. No. 2007-19 § 1; Ord. No. 2009-03 §§ 4-5; amended 2-24-2025 by Ord. No. 2025-08]
Merchandise goods and materials may be kept or stored outside the confines of the building only in an industrial zone, and then only if all of the following requirements are complied with:
a.
Outdoor storage of merchandise, goods and materials normally warehoused by the occupant on the site and permitted in the zone shall be permitted only in the area between the rear building line and the minimum required rear yard lot line and further provided that a permanent slatted chainlink fence or its equivalent shall surround the storage area in accordance with the requirements of this chapter relating to fencing. In no event shall outdoor storage be permitted at any required driveway, parking spaces, or similar areas. The maximum area of any lot that may be used for outdoor storage is 25% of the warehouse gross ground floor area. The maximum height of any material stored outdoors shall be six feet. Any area used for outdoor storage shall be classified as an impervious surface and the outdoor storage area shall be included for purposes of computing minimum required parking requirements. On corner lots, no outdoor storage shall be permitted between the street line and the building line as extended to the rear and side lot lines. All proposed outdoor storage areas shall be indicated on an approved site plan. Raw materials shall not be stored in such a form or manner that natural forces such as precipitation, wind, or evaporation can transfer them off the lot, directly or indirectly. Materials or wastes that create a pollutant or hazard must be enclosed in appropriate containers.
b.
In all zones, trash and garbage shall only be stored at the rear of the building in approved containers. All such areas shall be fenced or screened as required by the Planning Board as part of site plan review so that said materials cannot be visible from any abutting street or property.
c.
The use of storage containers and container trailers for storage purposes is prohibited in all zones.
d.
The storage of containers and container trailers is prohibited in all zones.
e.
Outdoor storage is prohibited in all zones except L-1, L-2 and C-3.
f.
Temporary Storage Containers.
1.
Permit Required.
(a)
A site permit is required for the placement of a temporary storage container at a residential site for any length of time. The owner/occupant of the site must apply to the zoning officer for a site permit.
(b)
A site permit may be issued to allow the placement of the temporary storage container at the site for an initial ninety-day period, and may be renewed for up to three additional thirty day periods, with additional applications.
(c)
Temporary storage container permits will not be granted to any user which is found to be in violation of the regulations of the Zoning Ordinance until such violation is brought into compliance.
2.
Violations and Penalties.
(a)
It shall be unlawful for any person to allow a temporary storage container to remain on a site which he or she owns, rents, occupies or controls without first obtaining a site permit and approval from the Township.
(b)
A user who allows a temporary storage container to remain at a site longer than five days without first obtaining a site permit as required by this subsection shall be provided a grace period of two days to remove the temporary storage container or to obtain a site permit.
(c)
Should the user in violation of the regulations of this subsection fail to obtain a permit or remove the temporary storage container at the termination of the grace period, the user shall be considered in violation of the code.
(d)
It shall be unlawful for a temporary storage container to remain at a site in excess of the time periods permitted under Subsection f1(b) above. Each day that any such temporary storage container remains at a site in violation of the provisions of Subsection f2(b) above shall constitute a violation against the user.
3.
Applicability.
(a)
In addition to compliance with all other requirements of the Township of Fairfield development regulations, the use of temporary storage containers must comply with the standards established by this section.
(b)
Where the requirements of any part of this subsection may conflict with any other section of the Township of Fairfield development regulations, this subsection shall prevail.
4.
Temporary Storage Container Use Provisions. Temporary storage container use shall be permitted in all residential zones of the Township, subject to the following:
(a)
Location. Temporary storage containers shall be placed only in the driveway. The following provisions shall also apply:
(1)
No temporary storage container shall be located within five feet of a property line.
(2)
Temporary storage containers shall be set back minimally 15 feet from the principal building.
(3)
No temporary storage container shall occupy an area greater than 150 square feet.
(4)
The applicant shall utilize existing buffers when determining the location for a temporary storage container in order to screen the container from adjoining properties.
(b)
Use.
(1)
The use of any temporary storage container shall be confined to the property owner whose land the container is placed upon. The containers are intended to store common household items.
(2)
The following items are expressly prohibited from being stored or kept within a temporary storage container: hazardous substances, including chemical, flammable or explosive materials; trash.
(c)
Lighting. There shall be no lighting fixtures attached to a temporary storage container, nor shall any lighting fixture be solely utilized to light a container.
5.
Fee. A fee of $100 shall accompany an application for a temporary storage container.
§ 45-12.12 Nature and Extent of Land Uses.
[1969 Code § 75-24; Ord. No. 591; Ord. No. 738]
The control and regulation of the uses of buildings as herein provided shall equally apply to the nature and extent of the use of land.
§ 45-12.13 Measurement of Minimum Required Lot Width.
[1969 Code § 75-25; Ord. No. 591; Ord. No. 738]
The minimum required lot width as specified for each district shall be measured at the minimum required front building setback line, but in no case shall the width of the lot, measured at the street line, be less than 75% of the minimum required lot frontage as specified in this chapter.
§ 45-12.14 Regulating the Construction, Repair and Maintenance of Fences.
[1969 Code § 75-26; Ord. No. 591; Ord. No. 738; Ord. No. 96-20 §§ A-E; Ord. No. 2002-19 §§ 1, 2; Ord. No. 2007-19 § 1; 2-24-2025 by Ord. No. 2025-08]
a.
All fences erected in the Township of Fairfield shall be subject to the following requirements:
1.
A fence permit shall be issued by the Zoning Official for all fences, except living fences, erected in the Township, up to six feet in height. Fences over six feet in height require a building permit from the Construction Official. Except as provided by Subsection 4, none of the other restrictions or provisions shall apply to living fences.
2.
The fee for a fence permit obtained from the Zoning Official shall be $75.
3.
No fence permit shall be issued by the Zoning Official until the applicant provides the Zoning Official with a set of plans or description of the proposed fence and a sketch or survey showing the proposed location of the fence. The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the sketch or survey. If the Zoning Official, upon inspection, determines that any fence or wall has not been constructed according to the plans or description or has not been located as shown on the sketch or survey, he shall notify the owner of such fence or wall, in writing, of his findings and order such fence or wall to be constructed according to the plans or description or order the fence be located as shown on the sketch or survey. Such owner shall either remove the fence or comply with the order of the Zoning Official within 30 days of the date of receipt of the written notice. Each day the owner fails to obey the order referred to above shall constitute a separate violation of the chapter.
4.
Living fences or screening shall be planted no closer than three feet of the property line. Living fences shall be maintained in a neatly trimmed condition, shall not interfere with visibility on corner lots, and shall not extend off the owner's property.
5.
In any nonresidential zone, fences shall be permitted in the side and rear yards only and not to be higher than eight feet.
6.
No fence erected on or around a residential lot or parcel of land shall exceed six feet in height. Prefabricated fences of a standard six foot height shall be installed as close to the ground as possible. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum height of six feet.
7.
No fence shall be erected in a front yard of any lot in a residential zone or along a public right-of-way unless the fence is less than 50% solid and is not more than four feet in height, and does not otherwise restrict visibility onto the property.
8.
On a corner lot, a fence along the side street shall be subject to the same restrictions as for a front fence, and the restrictions will prevail within the setback line of the street. No fence within the side or rear yard shall exceed six feet in height, except that open-wire fences surrounding tennis, handball or similar courts may extend up to 13 feet in height.
9.
Notwithstanding any other provisions of this chapter, traffic visibility across corner lots shall be maintained at all times. On any corner lot, no fence, wall or other structure shall be erected to a height in excess of 30 inches, and no vehicle or obstruction in excess of 30 inches shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of 30 inches, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb or edge of pavement shall be permitted within a triangle, the two sides of which shall be measured 35 feet from the point of intersection of the street right-of-way.
10.
All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or with visibility on corner lots.
11.
Fences shall be constructed with the face or finished side away from the owner's property and the structural side toward the interior of the owner's property. All posts and supports shall be placed on the owner's side of the property, unless same are of a decorative nature as designed by the manufacturer.
12.
Fences which are painted shall be painted in a manner and color which shall be harmonious with the surrounding area.
13.
Fences shall be erected in a manner so as to permit the natural flow of natural drainage and shall not cause surface water to be blocked, ponded, diverted or directed.
14.
No fence shall be constructed of any material or in any manner which may be dangerous to persons or animals.
15.
The following fences and fencing materials are specifically prohibited: barbed wire fences, short pointed fences, canvas cloth, electrically charged fences, poultry netting, temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated, except during construction on such property.
16.
Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Zoning Official.
17.
If the Zoning Official, upon inspection, determines that any fence or wall or portion of any fence or wall, is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall to be repaired or removed within 30 days of the date of the written notice. All repairs to fences must be made in a manner consistent with the remainder of the existing fence. Each day the person fails to obey the order referred to above shall constitute a separate violation of the chapter.
b.
Existing Fences. This chapter shall not apply to fences existent at the time of its adoption except to the extent that all repair to and/or replacements of existing fence shall be in conformance with this chapter.
This chapter shall not apply to the erection and maintenance of temporary snow fencing between November 15 and April 15.
d.
Repealer. All ordinances or parts of ordinances inconsistent with or in conflict with this subsection, except those relating to fencing of swimming pools, are hereby repealed to the extent of such inconsistency.
§ 45-12.15 Municipal Buildings and Uses.
[1969 Code 75-27; Ord. No. 591; Ord. No. 738]
In any zone, local municipal uses and local municipal buildings and any accessory buildings thereto are hereby permitted.
§ 45-12.16 Mobile Dwelling, Travel Trailers and Recreational Equipment.
[1969 Code § 75-28; Ord. No. 591; Ord. No. 738; Ord. No. 2007-19 § 1; Ord. No. 2013-21]
a.
Parking. Notwithstanding any other provisions of this chapter to the contrary, with the exception of Subsection b below, mobile dwellings, travel trailers and recreational vehicles (excepting conventional passenger automobiles) whether self-propelled, towed, truck-mounted or licensed as a passenger vehicle, which include but are not limited to all sizes and descriptions of mobile homes, travel trailers, campers, and buses, shall not be parked outdoors in any zone except that a resident may park one such vehicle on said resident's driveway for a period not to exceed 72 hours for purpose of loading or unloading such vehicle. Upon registration with the Police Department, permission for temporary parking of the above vehicles may be granted for a period not to exceed two weeks to non-Fairfield residents, provided such vehicles are not occupied and used for living purposes while parked on the subject premises.
b.
Storage. Notwithstanding any other provisions of this chapter to the contrary, the storage of mobile dwellings, travel trailers and recreational vehicles are permitted on residential lots, provided that:
1.
Such storage is limited to the side yard area-storage in the front and rear yard area is strictly prohibited;
2.
The mobile dwelling, travel trailer or recreational vehicle shall be properly screened by, including but not limited to, evergreen shrubbery or fencing;
3.
No more than one mobile dwelling, travel trailer or recreational vehicle owned by the site occupant may be stored on the property;
4.
Such storage is strictly prohibited if the owner of the residential lot is already storing a boat on the lot in accordance with Subsection 45-12.17;
5.
The mobile dwelling, travel trailer or recreational vehicle may not exceed 26 feet in length;
6.
The mobile dwelling, travel trailer or recreational vehicle trailer must be registered; and
7.
No such vehicle may be used for living purposes while being so stored or parked.
§ 45-12.17 Boat Storage.
[1969 Code § 75-29; Ord. No. 591; Ord. No. 738; Ord. No. 2007-19 § 1; Ord. No. 2013-20]
Notwithstanding any other provisions of this chapter to the contrary, the storage or parking of boats is permitted on residential lots, provided that:
a.
Such storage is limited to the side yard area-storage in the front and rear yard area is strictly prohibited;
b.
The boat shall be properly screened by, including but not limited to, evergreen shrubbery or fencing;
c.
No more than one boat owned by the site occupant may be stored on the property;
d.
Such storage is strictly prohibited if the owner of the residential lot is already storing a mobile dwelling, travel trailer or recreational vehicle on the lot in accordance with Subsection 45-12.16;
e.
The boat may not exceed 24 feet in length;
f.
The boat shall be kept on a trailer or other support; and
g.
The boat must be registered and seaworthy.
§ 45-12.18 Elevation of Lots.
[1969 Code § 75-30; Ord. No. 591; Ord. No. 738]
All corners of a lot shall be at least 170 feet in elevation above the mean sea level, except that if conditions are such that it is not feasible to hold the elevations, in the opinion of the Township Engineer, the Engineer may, in his discretion, change the elevations and submit to the Construction Official, in writing, the changes as well as the minimum finished floor elevation for the proposed building.
§ 45-12.19 Building Height Exceptions and Modifications.
[1969 Code § 75-32; Ord. No. 591; Ord. No. 738; Ord. No. 848]
Building height regulations as specified in Article V, Schedule of Area, Yard and Building Regulations, shall not apply to church steeples, flagpoles, and amateur radio towers and other similar structures accessory to or a part of a principal structure and use.
§ 45-12.20 Exterior Lighting.
[Ord. No. 2007-19 § 1]
a.
All exterior residential lighting fixtures must be installed in a manner which prevents its emission from being projected onto adjacent properties. Lighting shall not exceed 0.3 foot-candles at property lines. Spotlights shall be shielded to prevent glare on adjacent properties.
b.
Residential motion detector lighting fixtures must be maintained in proper operating condition so as not to be flashing or flickering with the exception of temporary seasonal displays.
§ 45-12.21 Sheds.
[Ord. No. 93-61 § VIII; Ord. No. 2007-19 § 1; Ord. No. 2018-11; amended 2-24-2025 by Ord. No. 2025-08]
No shed shall be constructed until a permit is obtained from the Zoning Officer for sheds up to 200 square feet or larger and a building permit is obtained from the Construction Official. The fee for a permit obtained from the Zoning Officer as mentioned herein shall be $75.
§ 45-12.22 Maximum Length of Detached Dwellings.
[Ord. No. 2007-19 § 1]
A detached single-family and detached two-family dwelling on a lot that has a width of a minimum 120 feet shall not be permitted to have a building length facing the street on which it is situated that is in excess of 60% of the width of its lot.
§ 45-12.23 Certain Cannabis Establishments Prohibited.
[Added 6-28-2021 by Ord. No. 2021-08]
Cannabis cultivators, cannabis retailers, and cannabis delivery services shall be prohibited in all zones in the Township.
§ 45-12.24 Short-Term Rentals Prohibited.
[Added 6-24-2024 by Ord. No. 2024-09]
Short-Term Rentals as defined in § 45-7.1 shall be prohibited in all zones in the Township.
§ 45-13 FLOODPLAIN OVERLAY DISTRICT.
[Ord. No. 2011-21 § 3]
a.
The floodplain areas of the Township of Fairfield are subject to periodic flooding which causes risk to life and property. Periodic flooding disrupts business and transportation, requires emergency response funded by the public and impairs the tax base. The cumulative effect of increased development in the floodplain results in added flood risk due to less groundwater recharge, more impervious coverage, increased flood height and velocity. Minimizing development in flood hazard areas promotes the public health, safety and welfare.
b.
The areas shown on the accompanying map entitled "Floodplain Overlay District" are lands located in the R-1 District subject to development restrictions based on their location within a floodplain. Any parcel in the Floodplain Overlay requires a minimum lot area of 30,000 square feet as the minimum lot area for future development. The following table establishes the area, yard and bulk dimensions in the Floodplain Overlay District:
Requirement | Floodplain Overlay |
|---|---|
Minimum Lot Area (square feet) | 30,000 |
Minimum Lot Width (feet) | 125 |
Minimum Lot Depth (feet) | 125 |
Minimum Front Yard (feet) | 35 |
Minimum Side Yard (feet) | 15 |
Minimum Rear yard (feet) | 30 |
Maximum Lot Coverage (%) | 10 |
Minimum Impervious Coverage (%) | 20 |
Minimum Building Height (feet) | 35 |
The purpose of a larger lot area is to accomplish the following: protect human life and health, minimize the expenditure of government funds for emergency response to flood conditions, reduce the need for rescue and relief efforts associated with flooding, generally undertaken at the expense of the general public and minimize prolonged business interruption due to flooding. |
Any property with a valid resolution of subdivision or site plan approval from the Planning Board or Zoning Board of Adjustment, in effect prior to the date of adoption of this section (September 27, 2011), is exempt from the overlay zoning provisions set forth herein. |
Existing dwellings are exempt from the overlay zone requirements. |
New dwellings must meet the overlay regulations. |
§ 45-14.1 Application of Provisions to Municipality.
[1969 Code § 75-34; Ord. No. 591; Ord. No. 738]
Regardless of whether the Township or any duly constituted board, agency or department thereof is acting in or pursuant to the performance of a governmental function, carrying out a legislative mandate or in the exercise of its private right as a corporate body, any municipality owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any class of zone, it being the intention that whatever the Township may be authorized to do shall constitute a function of government and that whenever the Township shall act, pursuant to granted authority, it acts as government and not as a private entrepreneur.
§ 45-15.1 Solar Access Protection.
[1969 Code § 75-34.1; Ord. No. 848; New]
Offices exceeding three stories in height shall be set back far enough from adjoining lands so as not to cast shadows on them and destroy the solar access of the adjoining property. All development applications proposing buildings in excess of three stories or 36 feet shall provide anticipated shadow patterns from proposed buildings.
§ 45-15.2 (Reserved) [1]
§ 45-16.1 Jurisdiction.
[New]
Conditional uses require site plan review and approval by the Planning Board except when the following conditions are met:
a.
The building or site had previous final site plan approval.
b.
The new conditional use is substantially the same as the previous use, i.e. when one commercial use moves out and a similar one moves in.
c.
When there is no change to parking, circulation, lighting, signs (except lettering), stormwater management or landscaping.
If the above conditions are met, the site plan shall be reviewed by the site plan waiver committee.
§ 45-16.2 Specific Conditional Uses.
[Ord. No. 2000-7 § 2; amended 10-26-2020 by Ord. No. 2020-12]
The following specific conditional uses shall be permitted under the terms and conditions noted.
a.
Houses of Worship. Houses of worship with or without clergyman's residence on the same premises, provided that the following conditions are met.
1.
The minimum lot area shall be three acres.
2.
The maximum floor area ratio for all buildings shall be 0.25.
3.
The maximum impervious coverage shall be 55%.
4.
No house of worship shall be located within 50 feet of any property line. However, the front yard setback requirement for a separate clergy-man's residence located on the same premises as a house of worship need only satisfy the requirement established for other residences in the zone in which it is located.
5.
No parking shall be permitted in the front yard or within 25 feet of any property line.
6.
Parking shall be substantially screened from view from all surrounding residence property lines.
b.
Public and Private Nonprofit Schools. Public and private schools, provided that the following conditions are met:
1.
The minimum lot area shall be three acres.
2.
The maximum floor area ratio for all buildings shall be 0.25.
3.
The maximum impervious coverage shall be 55%.
4.
No principal building shall be located within 50 feet of any property line.
5.
No parking shall be permitted in the front yard or within 25 feet of any property line.
6.
No active recreation area shall be permitted in the front yard or located within 25 feet of a property line.
7.
All recreation and parking areas shall be substantially screened from view from all adjacent residences by landscaping.
8.
There shall be no outdoor activities after 8:00 p.m.
9.
All exterior lighting, except that required for security, shall be turned off between 11:00 p.m. and 6:00 a.m. Monday through Saturday and between 6:00 p.m. and 8:00 a.m. on Sunday, unless modified by the approving board.
c.
Home Offices. Home offices shall meet the following conditions:
Home Offices. The provisions of this section are intended to apply to the owner-occupied office of physician, dentist, attorney-at-law, architect, artist, real estate broker, accountant, bookkeeper, engineer, planner or person of like profession which office is located within the residence of the person who practices such profession.
1.
Such office shall be contained entirely within the residential structure on the premises and shall not exceed 25% of the total floor area of that structure except that in no case shall such office exceed 900 square feet exclusive of parking spaces.
2.
Adequate parking spaces shall be provided so that no parking related to the office shall occur on the street. At least one parking space shall be provided for each 200 square feet or fraction thereof of gross office floor area unless the applicant can demonstrate that fewer will be required. No parking shall be permitted in the front yard. Parking areas shall be screened from adjacent residences by landscaping or fencing.
3.
No more than 150 motor vehicle trip ends per week shall be generated by the home office use, each arrival or departure being considered one trip end. Personal trip ends shall not be included in the 150 trip end limit.
4.
Safe and efficient vehicular and pedestrian circulation, parking and loading in the vicinity shall not be impaired.
5.
No more than two office employees shall be present at any one time. Nonresident professionals shall not be permitted to use the office on a regular basis.
6.
The hours of normal operation shall be limited to the hours of 8:00 a.m. and 9:00 p.m., Monday through Saturday.
d.
Public Utilities and Institutional Uses. Public utilities and institutional uses shall meet the following conditions:
1.
Public utilities and institutional uses in the R-1 and R-2 zones shall primarily serve the residential neighborhood where located.
2.
The minimum lot size shall be 40,000 square feet.
3.
Where feasible, access shall be from other than a local street.
4.
A minimum ten-foot buffer shall be required around the periphery of the lot to minimize the impact on surrounding uses.
5.
Lighting on the site shall be designed and operated so as to minimize their impact on surrounding uses.
6.
Off-street parking shall be sufficient to accommodate the projected parking demand.
7.
Off-street parking shall be located to the rear or side of the public utility or institutional use.
f.
Limousine Services. Limousine services shall meet the following conditions:
1.
All such uses shall be subject to site plan review.
2.
A minimum lot area of one acre shall be required for a limousine service as a sole tenant or occupant on a lot.
3.
Minor repairs and minor maintenance and washing of vehicles shall be permitted only within an enclosed building.
4.
No parking of drivers' cars or limousines shall be permitted in the front yard.
5.
All parking areas shall have a minimum of 10 feet of screening and buffering.
h.
Keeping of Animals. The keeping of animals shall meet the following conditions:
1.
Horses, cows, sheep or fowl shall be permitted.
2.
The minimum lot area is three acres.
3.
Buildings sheltering animals shall be located not closer than 50 feet to any property line and residences and 100 feet to the street.
4.
Only animals owned by the owner or lessee of the property shall be kept at the site.
i.
Supermarkets. Supermarkets shall meet the following conditions:
1.
All such uses shall be subject to site plan review.
2.
The minimum lot area shall be four acres.
3.
The minimum building size shall be 40,000 square feet.
4.
The minimum bulk requirements (lot width, lot depth, front, rear and side yard setbacks) shall meet the bulk requirements in the zone district in which located.
5.
Off-street parking shall be provided at the ratio of four spaces/1,000 square feet of gross floor area.
6.
The maximum height shall be 40 feet.
7.
The maximum impervious surface shall be 75%.
j.
Home Based Businesses. Home based businesses, except for those uses which fall under Subsection 45-22.3c, shall be permitted provided that the following terms and conditions are satisfied:
1.
The use is limited solely to office use;
2.
The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
3.
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;
4.
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
5.
Interior storage of materials shall only consist of office supplies;
6.
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs or lights;
7.
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;
8.
The use does not require any increased or enhanced electrical or water supply;
9.
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
10.
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;
11.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district;
12.
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district;
13.
The resident shall register the use and their compliance with this subsection with the Township Clerk's office annually and shall be presumed to remain in operation until the Clerk is notified otherwise.
k.
Outdoor Dining. Outdoor dining areas shall be permitted for restaurants on private property or upon the sidewalks directly adjacent to any restaurant provided that the following terms and conditions are satisfied:
[Added 10-26-2020 by Ord. No. 2020-12]
1.
The combined seating capacity of both indoor and outdoor dining shall not exceed the restaurant's original approved indoor seating capacity.
2.
The outdoor dining area shall not have a detrimental impact on the restaurant's parking requirements.
3.
Where applicable, the restaurant must obtain approvals from the New Jersey Division of Alcoholic Beverage Control prior to serving any alcohol in outdoor dining areas.
4.
The outdoor dining area must be approved by the Township Police Department and Bureau of Fire Prevention to ensure traffic and fire safety requirements are met.
5.
Permanent open-air structures and covers for outdoor dining areas shall be permitted so long as bulk requirements for the zone in which the outdoor dining area is located are met.
6.
No food or drinks served or consumed at locations permitted for outdoor dining shall be prepared or stored other than in the interior of the eating establishment.
7.
The tables and chairs shall be sturdy and of sufficient strength to be used for the purpose intended.
8.
Where outdoor dining is proposed to be located directly adjacent to parking areas, protective bollards or barriers as approved by the Planning Board shall be required.
9.
All tables, chairs, and other items used in the outdoor dining area must be able to be secured in times of inclement weather or high wind.
§ 45-17 TREE PROTECTION. [1]
[Ord. No. 2000-19 § 1; Ord. No. 2009-03 § 6; amended 6-24-2024 by Ord. No. 2024-11; 11-11-2024 by Ord. No. 2024-20]
a.
Purpose. An ordinance to establish requirements for tree removal and replacement in the Township of Fairfield to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
b. APPROPRIATE DECISIONAL AUTHORITY DIAMETER POINT OF MEASURE (DPM) DRIP LINE PERMITS STREET TREE TREE TREE CALIPER TREE REMOVAL
Definitions. For the purpose of this section, the following words shall have the meanings indicated:
Shall mean the municipal entity, either the Zoning Officer, Planning Board or Zoning Board of Adjustment, to which the application for tree removal permit is submitted.
Shall mean the diameter of a tree measured four and one-half (4 1/2) feet (forestry method) above the ground level on the downhill side for existing trees. Trees utilized in the replacement of existing trees or proposed as part of a landscape plan shall be measured twelve (12) inches above ground level for trees over a four (4) inch caliper; the measurement shall be six (6) inches above grade for trees up to four (4) inch caliper (nursery method). Diameter at point of measurement may appear as the abbreviation "DPM".
Shall mean the limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk, whichever is greater.
Shall mean a license issued by the Construction Code Official or Zoning Officer to remove or destroy trees.
Shall mean a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
Shall mean any living tree having a trunk of a diameter point of measure (DPM) of eight inches or greater measuring at a height of three feet above natural grade.
Means the diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
c.
Permit Required. No trees with a diameter point of measure (DPM) over six inches shall be cut or otherwise removed from any lands in the Township without a tree removal permit. All applications for approval of a major subdivision, minor subdivision for nonresidential lots, or any site plan requiring tree removal, unless otherwise exempted pursuant to this chapter, shall include an application for a tree removal permit. When an application for a tree removal permit is made for purposes not related to a development application, the application shall be submitted to the Zoning Officer. Trees directed to be removed by a public utility or governmental authority are exempt from obtaining a permit.
d.
Permit Application Procedures.
1.
Tree Removal Application Form for Projects Associated with Development Application. The application form shall contain the applicant's name, name of property owner and owner's consent, if different from applicant. A sketch depicting the location, size and species of trees shall be provided, along with reasons for the tree removal. Proof of payment shall also be provided.
2.
Tree Removal Requirements for Nonresidential Properties Not Associated with Site Plans or Subdivisions. The applicant/owner shall submit an application for a tree removal permit to the Zoning Officer. The application shall contain the name of the applicant, name of owner of the property with consent of owner, if different from applicant, location and species of trees on a sketch of property and reasons for the removal or destruction.
3.
Application Fee. The fee for a tree removal permit for single family properties shall be $150 per lot. The fee for nonresidential and multifamily properties shall be $100 per tree removed with a minimum fee of 150.
e.
Review Standards. A tree removal permit may only be granted for the following reasons and under the following terms and conditions:
1.
Upon a finding by the appropriate decisional authority that the proposed tree removal will not result in or cause, increase or aggravate any or all of the following conditions: impaired growth or development of remaining trees or shrubs on the property of the applicant, or upon adjacent property; soil erosion; sedimentation; and dust; drainage or sewerage problems; and dangerous or hazardous conditions.
2.
The appropriate decisional authority shall have the power to affix reasonable conditions to the granting of the permit for the removal of trees.
3.
Whenever an application for tree removal is granted under the terms and conditions of this section. the following protective measures shall be observed:
(a)
No material or temporary soil deposits shall be placed within the drip line of any existing tree to be preserved;
(b)
Except while engaged in tree removal, no equipment shall be operated within six feet of any tree protected by this section nor shall such equipment be operated at any time in such a manner as to break, tear or bruise or otherwise injure any living trees.
4.
Appeal. In the event of denial of any permit submitted to the Zoning Officer, the applicant seeking appeal from the decision shall proceed before the Board of Adjustment as provided by statute.
f.
Tree Replacement Requirements.
1.
Exemptions. The following shall be exempt from the tree replacement requirements of this section:
2.
Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the Tree Replacement Criteria in the table below;
(b)
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(c)
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
(d)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
(e)
No trees identified as invasive in New Jersey shall be used. The following is a list of trees and plants that shall not be used as replacement trees or be planted due to their invasive and damaging nature. This list has been established in order to protect and promote public health, safety and welfare, and protect public and private properties and indigenous and other plant material through the restriction and prohibition of new plantings of invasive plants, and the cultivating and/or maintenance and/or growing of existing plantings of invasive plants.
(1)
Acer platanoides (Norway Maple).
(2)
Ailanthus altissima (Tree of Heaven).
(3)
Albizia julibrissin (Mimosa).
(4)
Bamboo.
(5)
Fraxinus (Ash).
(6)
Invasive plants.
(7)
Pinus nigra (Austrian Pine).
(8)
Prunus cerasifera (Purple Leaf Plum).
(9)
Prunus padus (Purple Leaf Bird Cherry 'Summer Glow').
(10)
Pyrus calleryana (Bradford Pear/Callery Pear).
(11)
Sorbus americana (Mountain Ash).
(12)
Tsuga canadensis (Hemlock) - unless controlled for scale and adelgid.
Category | Tree Removed | Tree Replacement Criteria |
|---|---|---|
1 | DBH of 2.5 inches (for street trees) or 6 inches (for non-street trees) to 12.99 inches | Replant 1 tree with a minimum tree caliper of 1.5 inches for each tree removed |
2 | DBH of 13 inches to 22.99 inches | Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed |
3 | DBH of 23 inches to 32.99 inches | Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed |
4 | DBH of 33 inches or greater | Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed |
g.
Trees and Shrubs Dangerous to Public Safety.
1.
Removal Required; Notice. In case any tree or shrub or any part thereof along the public highway shall become dangerous to public safety, the owner of the property in front of which such tree or shrub is located, shall forthwith remove the same, or the required part thereof, upon receipt of written directive to that effect from the Zoning Officer.
2.
Standard Established. The owner or tenant of any lands lying within the Township shall keep all brush, hedges and other plant life, growing within both 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2.5 feet. This shall not require the cutting down of any trees where there is vision past the trees at a height of between two and 2.5 feet from the ground and eight feet from the ground.
3.
Removal by Township. If the owner fails to remove the tree or shrub or portion thereof within two weeks after receipt of written notice to do so, the work shall be performed by the Township under the supervision of the Zoning Officer or designated Township agent, who shall certify the cost thereof to the Council.
4.
Costs Charged Against Lands; Lien Established. Upon receipt of the certified costs, the Township shall examine same and if found correct shall cause the costs to be charged against the lands, or if the Council deems the costs to be excessive, shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officer and in the same manner as taxes.
h.
Surety Bond Required Where Building Permit is Sought. In all cases of application for permit where a building permit is applied for, there shall accompany the application a cash or surety bond in a minimum sum of $500 for each acre with the application for building permit with the amount to be determined by the Zoning Officer, which bond shall assure compliance with the preservation of those trees not to be removed, which bond shall be returned with the certificate of occupancy less any costs expended by the Township to replace trees improperly removed or destroyed in violation of the permit.