Zoning Map Amendments.[2]

Center Lines. Boundary lines indicated as following or approximately following streets, highways or other public or private ways shall be construed to follow the center lines thereof.

Platted Lines. Boundaries indicated as following or approximately following platted lot lines shall be construed as following such lot lines as the same appear on the tax map of the Borough of Farmingdale.

Municipal Lines. Boundaries indicated as following or approximately following municipal lines shall be construed as following such municipal lines.

Waterway Lines. Boundaries indicated as following streams, rivers or other bodies of water shall be construed as following the center lines thereof.

Parallels and Extensions. All distances between parallel or concentric lines or extensions or prolongations of features indicated shall be construed to be a right angles in the case of parallel lines or radial in the case of concentric lines.

Each residential dwelling unit shall provide a storage area to accommodate a one month accumulation of mandated recyclables.

Every commercial and industrial development shall provide the Planning Board for which approval of the development is sought, with estimates of the quantity of mandated recyclable materials (newspaper, glass bottles, aluminum cans, tin and bi-metal cans, high grade paper and corrugated cardboard) that will be generated by the development during each week. A separated storage area must by provided to accommodate 1.5 times the anticipated accumulation of recyclable material. The Planning Board may require the location of one or more common storage areas at convenient locations within the development. Any storage area shall be designed for truck access for pick-up of materials and shall be suitably screened from view if located outside the building.

Each application for commercial and industrial development shall include a narrative statement describing the materials to be recycled, who will pick up the materials, the frequency of pick-ups, and any anticipated volume of material to be accumulated between pick-ups. The statement shall also include details as to how the volume of anticipated material to be picked up was calculated.

Residential units which existed, had obtained preliminary site plan approval, or for which any building permit had been issued as of the date of adoption of this chapter shall be exempt from the provisions of this chapter and shall not be deemed to become a nonconforming structure as of a result of the adoption of this chapter.

Commercial or industrial structures or developments which have obtained preliminary site plan approval, or for which a building permit has been issued or which were in existence as of the date of adoption of this chapter shall apply for approval from the Planning Board of the Borough of Farmingdale. Review by the Borough of Farmingdale Planning Board shall be limited to the recycling plans and the Board may waive the requirements for notice and public hearing for those applications for which the proposed alterations to the existing site plan otherwise conform to the zoning regulations of the district in which the site is located. Application shall be made as follows:

Existing commercial or industrial structures which have not obtained an approved Recyclable Materials Storage Plan from the Borough of Farmingdale Planning Board by no later than six months from the date of adoption of this chapter, shall be deemed to be a nonconforming structure as a result of the adoption of this chapter and shall be deemed to be in violation of the Borough's Ordinances with regard to recycling and litter control and shall be subject to the penalties enumerated in the Revised General Ordinances of the Borough of Farmingdale, as may be amended from time to time.

The trash and recycling area shall be in a rear yard.

Trash and recyclable disposal collection areas shall be suitably buffered and screened to minimize the impacts of noise, odors, disposal and collection activities and views of collection bins and dumpsters. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way. Buffering shall consist of a minimum of four foot wide area surrounding all sides of such facility exposed to view. If such facility is located on a site adjacent to a residential use or zone, such buffering shall consist of a minimum ten-foot area surrounding all sides of such facility exposed to view. Screening shall consist of a minimum six foot high masonry wall, solid wooden fence or accessory building with gates or doors and ramped access to facilitate the movement of bins or dumpsters. The base of such screen shall be planted with a minimum four-foot high evergreen hedge along the sides and rear of same.

Adequate pedestrian and service vehicle access shall be provided to all storage facilities. Such vehicular access shall accommodate the types of service vehicles used for the collection of solid waste and designated recyclable materials.

The size and capacity of all storage facilities shall be based on the size and capacity of containers, bins and/or dumpsters utilized, frequency of pickup and projected generation rates of users of the site.

Penalty. Any person who shall violate this subsection or any of its provisions shall be subject, upon conviction, to the penalty stated in Chapter 1, Section 1-5.

Purpose. The purpose of this section is to regulate the marketplace class of licensed recreational cannabis businesses and to codify a prohibition, pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), N.J.S.A. 24:6I-45b, on all six marketplace classes of cannabis establishments, as defined in that statute and including cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis retailer, cannabis distributor, and cannabis delivery service, but not the delivery of cannabis items and related supplies into Farmingdale Borough by a delivery service located outside the geographic boundaries of Farmingdale Borough, which delivery service shall have been duly licensed by the municipality in which it operates.

Definitions. As used in this chapter, all marketplace classes of cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, a cannabis distributor, and cannabis delivery service shall have the same meaning as set forth in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33 et seq.

General prohibition. All six marketplace classes of cannabis establishments, including cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis retailer, cannabis distributor, and cannabis delivery service, as said terms are defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33, are hereby prohibited uses or activities within the Borough of Farmingdale. This prohibition shall not apply to the delivery of cannabis items and related supplies being delivered into Farmingdale Borough by a cannabis delivery service located outside the geographic boundaries of Farmingdale Borough, which delivery service shall have been duly licensed by the municipality in which it operates.

Exterior alterations which substantially change the residential character and nature of a building for the purpose of changing the use of the building, such as from a residence to a professional office, shall not be permitted in any Residential Zone unless otherwise specifically permitted in this chapter.

There shall be no more than one principal residential building erected or established on any one lot in any Residential Zone, except, where multi-family buildings are permitted, more than one building may be erected in conformance with development standards of that Zone.

If a conflict arises between the permitted number of units of residences per acre and the development standards, the more restrictive standard will take precedence. Development standards are lot size, setbacks, and similar limiting provisions. This conflict may arise due to unsuitable geology of land, unusual shape, or other factors which prevent the full use of the land and still meet all development standards.

Any individually registered commercial vehicle longer than 25 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae, or any tractor trailer or truck tractor, shall be prohibited from standing or parking overnight on any property located in any Residential Zone.[2]

Satellite antenna dishes used for the purpose of transmitting shall be prohibited in any Residential Zone.

Use and Occupancy Regulations. For the reasons stated in paragraph b below, the use and occupancy of detached dwellings throughout all Residential Districts shall be restricted to families only, as defined in this subsection.

Purpose. The preservation of "family style living" and the preservation of the character of residential neighborhoods as such are legitimate zoning goals. The Borough of Farmingdale is concerned with maintaining the stability and permanence generally associated with single-family occupancy throughout its residential neighborhoods. A municipality may endeavor, by legitimate means, to secure and maintain the blessings of quiet seclusion and to make available to its inhabitants the refreshment of repose and the tranquility of solitude. The Borough of Farmingdale possesses these goals and, by the regulation herein contained, implements them in a manner which bears a reasonable relationship to the problem sought to be ameliorated. That problem is the use and occupancy of single-family dwellings interspersed among the residential neighborhoods of the community, by groups of individuals whose living arrangements, although temporarily in the same dwelling unit, are transient in nature and do not possess the elements of stability and permanency which have long been associated with single-family occupancy. Such living arrangements are not compatible with the family-style living sought to be preserved. Such occupancies are in the nature of rooming houses, boarding homes, hotels, motels, and the like. Such uses do not meet the definition of family as contained in this chapter and are prohibited in detached dwellings in all Residential Zones. This subsection provides zoning classifications which allow for ample multi-family uses, and there are presently many such uses in existence through the Borough. Ample housing exists within the Borough of Farmingdale for those who choose to live under arrangements which do not meet the definition of family as provided in this subsection.

Principal Permitted Uses and Structures.

Accessory structures and uses including:

Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter:

Personal service establishments and offices, including:

Medical and professional offices.

Single-family, two-family and three-family residential dwellings in accordance with the bulk requirements of the R-7.5 Zone.

Principal Buildings.

Accessory Buildings, Structures and Uses.

Off-street parking is required subject to the requirements of this chapter.

Landscaping is required subject to requirements of this chapter.

Development in the R-6 Zone District is permitted on tracts of 10 or more contiguous acres.

Maximum gross density - 1.4 dwelling units per acre.

Maximum number of dwelling units permitted in a development - 21.

Principal Permitted Uses and Structures.

Accessory Uses and Structures.

Principal Buildings.

Detached Accessory Buildings or Structures (In Feet).

Open Space Design Requirements.

Circulation Design Requirements.

Requirement for Sewer and Water.

Landscaping.

Architectural.

Construction Trailers.

Retaining Walls.

Principal Permitted Uses and Structures.

Accessory structures and uses including:

Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.

Principal Buildings.

Accessory Buildings, Structures and Uses.

Off-street parking is required subject to the requirements of this chapter.

Landscaping is required subject to requirements of this chapter.

Principal Permitted Uses and Structures.

Accessory structures and uses including:

Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.

Principal Buildings.

Accessory Buildings, Structures and Uses.

Off-street parking is required subject to the requirements of this chapter.

Landscaping is required subject to requirements of this chapter.

A single-family detached dwelling located in the R-15 or R-40 Zoning District, which has received a Certificate of Occupancy or Temporary Certificate of Occupancy prior to the effective date of this subsection,[1] may be enlarged without an appeal to the approving authority, even though the dwelling may be on a nonconforming lot, provided that:

Accessory buildings or structures may be added to single-family detached dwellings on nonconforming lots located in the R-15 or R-40 Zoning District, without an appeal to the approving authority, provided, that:

Permitted Uses. Multifamily dwellings subject to affordable housing requirements of Chapter 27.

Accessory Uses or Structures:

Principal buildings for multifamily residential uses in accordance with § 25-32.1a.

Accessory structures.

The overlay zone will require a twenty-percent affordable housing set aside for affordable sale units and a fifteen-percent affordable housing set aside for affordable rental units. Affordable housing shall be provided in accordance with the affordable housing regulation requirements of Chapter 27.

All streets, driveways and parking facilities shall be constructed in accordance with the standards set forth in this chapter.

Adequate landscaping shall be provided with the site plan and a landscaping plan shall be provided for each section and approved prior to construction.

Not less than 5% of the gross area of the tract shall be set aside and developed for outdoor recreation which land shall be computed as part of the open green area. This may include swimming pools and related facilities, shuffleboard and horseshoe courts, tennis courts or other appropriate community facilities.

There shall be provided a safe and convenient system of walks between all sections accessible to all occupants.

Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas sufficient for the safety and convenience of the residents and shall be approved prior to construction.

Not less than 25% of the gross shall be devoted to open green area.

All utility services within the territorial area shall be underground in proper conduits or ducts insofar as possible and shall, where, applicable, be in accordance with the standards, terms, and conditions incorporated as part of the utilities tariff as the same are then on file with the New Jersey Board of Public Utilities; and shall, where applicable, comply with the latest regulations, standards and specifications established by any statute or ordinance of any state, local department or bureau applicable thereto. Written evidence of compliance with the above shall be submitted for each service utility.

Homeowners' association. The proposed homeowners' association bylaws shall be submitted for review by the board in conjunction with the application for development, including common courts, drainage, detention basins, conservation areas, buffer areas, recreation areas, and other components of the multifamily development.

Principal Permitted Uses and Structures.

Accessory structures and uses including:

Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.

Single-Family (Non-Cluster).

Single-Family (Cluster).

Off-street parking is required subject to the requirements of this chapter.

Landscaping is required subject to requirements of this chapter.

Residential multi-family rental 100% affordable use and structures, subject to Affordable Housing Regulation requirements of Article XXVI.

Uses permitted in accordance with the GC General Commercial Zone.

Principal buildings for multi-family residential uses in accordance with subsection 24-34.2a.

Accessory Structures. Accessory structures, other than buildings intended for use or occupancy and located on or above ground must maintain the required front, rear and side yard setbacks from property lines. A maximum of one accessory building may be permitted for trash and recyclable materials.

Principal and accessory buildings for uses permitted in the GC General Commercial Zone shall be in accordance with the development standards of subsections 25-36.3 and 25-36.4.

Off-street parking is required subject to the requirements of Section 25-44 except for off-street parking minimum spaces.

Off-street parking minimum spaces is subject to the requirements of the New Jersey Residential Site Improvement Standards (R.S.I.S.) (N.J.A.C. 5:21).

Landscaping is required subject to requirements of Section 25-46.

There shall be a trash and receptacle storage area completely surrounded by a six-foot high solid architectural fence with solid front gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height.

Principal Permitted Uses and Structures.

Accessory structures, not to exceed 15 feet in height, and uses including:

Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.

Principal buildings. (Except dwellings):

Accessory Buildings, Structures and Uses.

Off-street parking is required subject to the requirements of this chapter.

Landscaping is required subject to requirements of this chapter.

Principal Permitted Uses and Structures.

Accessory structures, not to exceed 15 feet in height, and uses including:

Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.

Principal Buildings (Except Dwellings).

Accessory Buildings, Structures and Uses.

Off-street parking is required subject to the requirements of this chapter.

Landscaping is required subject to requirements of this chapter.

Multifamily residential uses in existence prior to January 1, 2018.

Multifamily residential uses subject to development standards of this section and affordable housing regulation requirements of Chapter 27.

Principal buildings for multifamily residential uses in accordance with § 25-37.2a.

Accessory structures.

Each principal building shall:

There shall be no direct access of driveways from any dwelling unit onto a public street.

All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water system, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, except that all curb-to-curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.

Off-street parking is required subject to the requirements of § 25-44 except for off-street parking minimum spaces.

Off-street parking minimum spaces is subject to the requirements of the New Jersey Residential Site Improvement Standards (RSIS) (N.J.A.C. 5:21).

Landscaping is required subject to requirements of § 25-46.

Buffer areas adjacent to residential zones or structures shall contain a strip not less than 20 feet in width containing massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year.

There shall be a trash and recyclable storage area completely surrounded by a six-foot-high solid architectural fence with solid front gates. All outside trash and recyclables shall be stored in these areas and shall not be in public view over the fence height. Trash and recyclable storage areas shall be sized appropriately for each building.

A minimum interior storage area of 700 cubic feet per unit shall be required. This space may be provided in an area other than within the unit itself, but should be in a convenient location for the residents of the unit. Required storage space shall have a minimum vertical clearance of five feet and shall not include garage or closets.

Minimum distance between buildings: 50 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.

There shall be a trash and recyclable storage area completely surrounded by a six-foot-high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatus such as propane tanks shall be similarly enclosed.

There shall be a minimum buffer of 25 feet in width between any side or rear lot lined that abuts an area zoned or used for single-family residential use.

No registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of the vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more shall be stored or parked on any lot or portion of the lot.

Principal Permitted Uses and Structures.

Accessory structures and uses not to exceed 15 feet in height, and uses including:

Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.

Principal Buildings.

Accessory Buildings, Structures and Uses.

Off-street parking is required subject to the requirements of this chapter.

Landscaping is required subject to requirements of this chapter.

All materials and supplies shall be stored within an enclosed building or structure.

All assembly, repair, and fabrication activities shall take place within an enclosed building.

All side and rear yards shall be adequately screened by fencing and/or landscaping.

Loading areas and vehicle and equipment storage yards shall be fully screened from public streets by a six-foot high solid architectural fence and landscaping.

A minimum fifteen-foot buffer is required for all properties where a side or rear yard abuts a property in a residential zone.

A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.

Proof that the proposed installation in a specific location is necessary and convenient for the efficiency of the proposed use or the satisfactory and convenient provision of service to the neighborhood or area in which the particular use is to be located; that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devises will be provided and that sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.

A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.

Proof that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

Proof that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping including shrubs, trees, and lawn are provided and will be periodically maintained.

All such uses shall comply with the following bulk standards:

Where parking areas are adjacent to a residential zone, a fifteen-foot wide buffer strip shall be provided.

Minimum lot area shall be 40,000 square feet.

Where parking areas are adjacent to a residential zone or use, a fifteen-foot wide buffer shall be provided.

Refer to § 2-58.7.2 for required fee information.

Minimum lot area: 10,000 square feet or the minimum lot area for a single-family residence as permitted in the subject zone, whichever is less.

Minimum lot width: 100 feet or the minimum lot width for a single-family residence as permitted in the subject zone, whichever is less.

A maximum of 25% of the floor area of the principal residence may be dedicated to the home office or home occupation.

No more than one nonresident employee is permitted on the premises at any one time.

Off-street parking is to be provided in a manner consistent with a residential use, except that no parking shall be permitted in a front yard. Parking area striping shall not be permitted. Parking areas may be curbed with curbs a maximum height of three inches above the paved surface. Formally designed parking areas shall not be required; however, all parking areas and drive areas shall be designed to permit automobiles to turn around on a site in order to prevent backing out onto a public street.

Minimum buffers of 10 feet are required along any rear or side yard.

One freestanding identification sign shall be permitted, provided that the sign be no closer than 10 feet to any property line; not be illuminated; be hung from a cantilevered post; be made of wood; and consist of muted colors. Fluorescent or bright colors shall be prohibited. Maximum sign area shall be 10 square feet, and maximum sign height shall be four feet.

Within any residential district, no building with an existing nonconforming home professional office or home occupation shall be constructed or altered so as to be inharmonious with the residential character.

The types of construction not to be residential in character include, but are not limited to, storefront types of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), unfinished concrete blocks or cinderblock wall surfaces, metal panels, elimination of porches and wall surfaces without doors and/or windows.

The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with telephone, radio or television reception, that is reasonably detectable by neighboring residents.

The quantity and type of solid waste disposal is the same as other residential uses in the zone district.

The capacity and quality of effluent is typical of normal residential use and create no potential or actual detriment to the sanitary sewer system or its components.

The conditional use approval shall terminate with any change in ownership of the property.

No more than one non-resident employee is permitted on the premises at any one time.

Off street parking is to be provided in a manner consistent with a residential use.

A fence or vegetative screen shall be provided along any rear and side yard.

Minimum Lot Area - 30,000 square feet.

Minimum Setback from all property lines - 50 feet.

Maximum Density - 14 units per acre.

Maximum Lot Coverage

Maximum number of units per structure - 16.

Maximum length of structure - 175 feet.

A minimum interior storage area of 700 cubic feet per unit shall be required. This space may be provided in an area other than within the unit itself, but should be in a convenient location for the residents of the unit. Required storage space shall have a minimum vertical clearance of five feet and shall not include garage or closets.

Minimum distance between buildings - 50 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.

There shall be a trash and recyclable storage area completely surrounded by a six foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatus such as propane tanks shall be similarly enclosed.

There shall be a minimum buffer of 25 feet in width between any side or rear lot lined that abuts an area zoned or used for single-family residential use.

No registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of the vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more, shall be stored or parked on any lot or portion of the lot.

Each principal building shall:

All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water system, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, except that tall curb to curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.

There shall be no direct access of driveways from any dwelling unit onto a public street.

Minimum Lot Area - three acres.

A minimum of 50% of floor area shall be dedicated to retail sales or service establishments. For the purpose of this requirement, retail service establishments shall not include professional or general office uses, but shall include such uses as restaurants, beauty salons, dry cleaning services, and banks.

The site may consist of several adjacent parcels under separate ownership, provided the parcels have a common lot line and are developed as a single site with a single approved site plan.

All other bulk requirements of the zone in which the shopping center is located shall be applicable, including the incentives for the maintenance of historical character as provided in the VC Zone.

No establishment or business with a use encompassing those referenced in this section shall be located closer than 1,000 feet to any school, hospital, child care center, church, library, public building, or public playground.

No establishment or business with a use encompassing those referenced in this section shall be located closer than 1,000 feet to any adult bookstore, adult video store, adult motion-picture theater, adult arcade, artist's body painting studio, cabaret, massage shop, or tattoo shop.

No establishment of business with a use encompassing those referenced in this section shall be located closer than 1,000 feet to an area zoned for residential use.

When any existing building is converted from any use to one of those listed above, under the general term "adult businesses" then, in that event, a full and complete site plan shall be submitted and reviewed in accordance with the provisions of this chapter.

The purpose of this section is to comply with the "Substantive Rules" of the New Jersey Council on Affordable Housing (COAH) regarding the Borough of Farmingdale and its efforts to satisfy its "Mt. Laurel II" housing obligations.

This section of the Code of the Borough of Farmingdale sets forth regulations regarding "low" and "moderate" income housing units in the Borough of Farmingdale that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994 and as amended thereafter. These rules are pursuant to the Fair Housing Act of 1985 and the Borough of Farmingdale's constitutional obligation to provide for its "fair share" of "low" and "moderate" income housing.

Any affordable housing units constructed within an "inclusionary development" in the Borough of Farmingdale shall be divided equally between "low" and "moderate" income households as per N.J.A.C. 5:93-2.20.

Except for "inclusionary" developments constructed pursuant to low income tax credit regulations.

"Inclusionary" developments that are not restricted to age-restricted housing units shall be structured in conjunction with realistic market demands so that:

In conjunction with realistic market information, the following criteria shall be used in determining maximum rents and sale prices:

For rental units, the following conditions shall apply:

For sale units, the following conditions shall apply:

For "inclusionary" developments, the following conditions shall apply:

"Development Fees for Affordable Housing" ordinance provisions have been prepared and adopted in accordance with N.J.A.C. 5:93-8.10 through 8-16 and appear as Section 25-7 of these Land Development Regulations" ordinance provisions.

To provide assurances that "low" and "moderate" income units are created with controls on affordability over time and that "low" and "moderate" income households occupy these units, the Borough of Farmingdale shall designate an Administrative Agency, to be named by resolution, which shall have the responsibility of ensuring the affordability of sales and rental units. The Administrative Agency shall be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).

The following durations of affordability controls shall apply to rehabilitated units:

The following durations of affordability controls shall apply to rental units:

Section 14(b) of the Fair Housing Act N.J.S.A. 52:27D-301 et seq. incorporates the need to eliminate unnecessary cost generating features from the Borough of Farmingdale's land use ordinances. Accordingly, the Borough of Farmingdale shall eliminate development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on "inclusionary" development applications. The Borough of Farmingdale shall adhere to the components of N.J.A.C. 5:93-10.1 through 10.3.

Improvements or additions may be made to existing single-family dwellings on a lot of substandard size in districts where permitted without Planning Board approval provided the improvement or addition does not encroach on any front, rear or side yard setback requirements and meets all other provisions of this chapter. A building permit must be obtained.

Where the owner of a lot of substandard size owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot and the area and yard space provisions of this chapter shall hold.

Sign Area Measurement. The area of a sign shall be computed as the total square foot content of the background upon which the lettering illustration or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of lettering illustration or total display. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. For signs with two sides the maximum area requirement shall be permitted on each side. Signs with more than two sides are prohibited.

Sign Height Measurement. The largest vertical height of the background upon which the lettering illustration or display is presented. If there is no background, the height shall be the largest vertical height of the lettering, illustration or total display. If the letters, illustration or display are attached directly to the face of the building, the height of the sign shall be the height of the largest letter illustration or total display, whichever is greater. No sign of any type shall be permitted to obstruct driving vision, traffic signals and signs, or similar safety devices or other places of business.

Illumination. All illuminated signs shall be either indirectly lighted or of the diffused lighting type. No sign shall be lighted by means of flashing or intermittent illumination. All lights used for the illumination of any use or building or the areas surrounding them or for the illumination or display of merchandise or product of business establishments, shall be completely shielded from the view of vehicular traffic using the road and roads abutting such business properties. Floodlights used for the illumination of said premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of the building or more than 18 feet above the street level of the premises, whichever is less. Where permitted, illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises in any residential district or adjoining highway.

Projecting. No sign as permitted shall extend or project at any point above or outside the limits of the roof, the highest elevation of the wall to which it is attached, or above the height of the principal building as defined in this chapter. No signs shall be permitted on accessory buildings.

Line of Sight. Signs and sign structures of all types shall be set back or elevated sufficiently to allow a clear, unobstructed line of sight from points of ingress or egress for at least 1,000 feet along all abutting streets and highways.

Nonresidential Uses. Nonresidential uses shall be permitted a maximum of two directional signs for each street frontage designated "entrance" or "enter" and "exit". Such directional signs shall be no larger than two square feet each; the top of the sign shall be no more than 30 inches from ground level; and the signs may be internally illuminated. No external illumination shall be permitted. Directional signs shall have no setback requirements.

Construction; Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Stationary. All signs shall be stationary with no moving parts.

Residential. On a lot in a residential district, one sign shall be permitted not to exceed two square feet in area. If illuminated, the direct source of light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property, unless a porch light or lamp post light. A church, school or other public or institutional building may have for its own use an announcement sign or bulletin board not over 12 square feet in area which, if not attached to the building, shall be at least 20 feet from all street lines.

Removal. Removal of business signs shall be within 30 days of the closing of such business at the expense of the owner of the property. Real estate signs shall be removed within seven days after signing the contract of sale, or the signing of a sale transaction, or the execution of a lease. Signs announcing that the premises or portion thereof have been sold, rented or leased may remain for 10 days after above transaction.

One non-illuminated sign no larger than 30 square feet is permitted at each entrance of the development. In addition, customary non-illuminated trade and professional signs no larger than four square feet are permitted on the lots being developed.

Temporary directional signs no larger than two square feet are permitted at locations approved by the Planning Board along public streets, provided that only the name of the development and a directional indication appear on the signs.

All signs permitted under this section shall be removed by the owner within seven days after signing the contract of sale or signing of a sale transaction or the execution of a lease of the last house in the development.

Each individual lot in any commercial or industrial zone shall be permitted one free standing sign, provided:

Except as noted in paragraph b5 below, each business shall be permitted one facade sign for each street frontage of the business, provided that:

In addition to the above regulations, all signs permitted in the Residential Zones are also permitted in the Commercial and Industrial Zones.

Any person or organization desiring to erect a temporary sign or signs as set forth hereinafter shall apply for a sign permit from the Borough of Farmingdale for which there shall be a fee of $5. No temporary signs of any type shall be erected in any State, County or Borough right-of-way.

Temporary signs for special events may be erected by Farmingdale Borough Community Organizations in any zone. Proposed signs shall measure no more than four feet by eight feet and shall be permitted for no more than 30 days, except that no such sign shall remain for a period of more than five days following the advertised event, at which time same shall be removed by the applicant at the applicant's expense. No more than two signs may be erected on any one site for any one event.

Temporary signs may be erected in any Commercial or Industrial Zone as follows:

No sign of any type, temporary or permanent shall be erected which is of a form, character, or shape, so as to confuse or dangerously detract the attention of the operator of a motor vehicle. A mannequin, costumed individual or animated device located at roadside for the purpose of attracting attention shall be considered such a sign and is expressly prohibited.

Any signs used in connection with sales placed upon a stationary motor vehicle advertising any such sale are prohibited.

Temporary election signs, not to exceed four feet by four feet, may be erected in all zones. No more than one such sign per candidate or issue shall be permitted on any single property. Such signs shall not be installed sooner than one month prior to the election on the same calendar day as the election. For example, if an election is to be held on November 4, election signs may not be erected prior to October 4. Such signs must be removed within five days following the election by the candidate or organization erecting same at his or its expense.

A temporary non-illuminated sign advertising the sale or rental of a premises or portion thereof shall be, if not attached to the building, set back at least 10 feet from all street lines. The area of such signs in residential districts shall not exceed four square feet and in all other districts shall not exceed 16 square feet. These provisions shall further apply to all signs announcing that the premises or portion thereof have been sold, rented or leased. Such signs must be removed within a period of seven days after conclusion of sale or rental transaction. The total number of signs shall not exceed one such sign per lot in any residential zone, or one such sign per business or vacant parcel in any other zone.

A temporary non-illuminated job sign shall be permitted on residential property. Such job sign shall provide information related to work which is actively being engaged in on the property. Such signs shall include, but not be limited to, building contractors, roofers, painters, and landscapers. This shall not be construed to include signs for work of a very limited duration or of a repetitive nature, for example, lawn maintenance services or chimney cleaning services which shall not be permitted. Job signs shall not exceed four square feet and must be set back a minimum of 10 feet from any street line. The total number of signs shall not exceed one such sign per lot. Such signs must be removed immediately upon the completion of the work, but in no case may the sign of any one contractor be displayed for more than 30 days in any calendar year.

Parking areas shall be divided into lots separated by appropriate landscaping where possible.

Driveways and internal roads shall be separated from parking areas by curbed landscaped islands where possible. Curbed, landscaped islands, a minimum of 10 feet in width, shall be located at the end of all rows of parking, and no more than 20 consecutive parking spaces shall be permitted in any row of parking without being defined by a 10 feet wide landscaped island. All curbed islands shall be landscaped with suitable trees, shrubs or ground cover.

Parking spaces shall be a minimum of nine feet wide and 18 feet long, except that: designated parking spaces for the handicapped shall be designed in accordance with the appropriate standards of the Americans With Disabilities Act; parallel parking spaces shall be a minimum of 10 feet wide and 22 feet long; 60° diagonal parking shall have a width of 10 feet and a depth of 21 feet measured perpendicular to the center line of the drive aisle; 45° diagonal parking shall have a width of 10 feet and a depth of 20 feet measured perpendicular to the center line of the drive aisle.

Parking lot Aisle widths shall be as follows:

Residential Uses. No parking is permitted in any front yard of any residential use within any zone except parking may be permitted in the front yard of a single-family residence if parked on a driveway. In no instance shall the width of a driveway within a required front yard exceed 22 feet.

Commercial Zones and Uses. In any Commercial Zone, parking for permitted uses shall be permitted in the front yard providing that all necessary buffers are adhered to, a minimum ten foot landscaped area is provided along the front property line, and a minimum five foot landscaped area provided along the side lot lines. Landscaping within these areas shall be in conformance with the requirements of this chapter. Furthermore, this requirement shall apply to any use which is listed as a permitted use in any of the above zones, which is located in any other zone within the Borough as a permitted use, a preexisting non-conforming use, or is permitted by "use" or "D" variance.

Industrial Uses. Only parking for visitors shall be permitted in the front yard of Industrial Uses. Furthermore, this requirement shall apply to any mixed Office/Industrial Uses and mixed Retail/Industrial Uses whether permitted in a zone, a preexisting non-conforming use, or permitted by "use" or "D" variance.

All properties, except single-family residences, shall be limited to one curb cut each. No curb cut shall be located closer than 10 feet to a side property line, except that on a corner lot, the curb cut shall be set back not less than 25 feet from the intersection of the front property lines.

For single family residences, curb cuts shall be located no greater than five feet from an adjacent property line, except that on a corner lot, the curb cut shall be set back not less than 25 feet from the intersection of the front property lines.

Residential Uses. The minimum required number of parking spaces to be provided in connection with Residential Uses in any given zone shall be in accordance with the following regulations:

Non-residential Uses. The minimum required number of parking spaces to be provided in connection with non-residential uses in any given zone shall be in accordance with the following regulations:

Landscaping Required. All areas in a development not used for construction of buildings, roads, access ways, parking or sidewalks shall be fully landscaped in accordance with the regulations of this chapter.

Minimum Landscaped Area Required. In all zones a minimum of 20% landscaped area shall be provided on every site. Required landscaped area shall be calculated by subtracting the maximum percentage impervious lot coverage from 100%. The Planning Board shall have the authority to determine its distribution, but 25% of all required front yards shall be landscaped.

In calculating landscaped areas, the areas of plazas, open pedestrian shopping malls, sitting areas, swimming pools, and ornamental pools and fountains shall be included. Conventional sidewalks and similar paved surfaces shall not be included.

Minimum Landscaped Area Along Property Lines. A minimum 10 feet wide landscaped area shall be provided along all front property lines and public streets in Commercial and Industrial Zones, except entrance walks and access drives. The 10 feet shall be measured from the proposed right-of-way line as designated in the Master Plan.

Street Trees. Street trees shall be required to be planted along all street frontage, except in a C-1 Zone. The minimum number of such trees shall total one tree for each 40 feet of frontage. Each tree shall have a minimum caliper of 2 1/2 inches one foot above the root crown.

Buffer Requirements.

Mulching Material. All planting beds shall be covered with a plastic or similar material to prevent weed growth. Mulching material such as wood chips, pine bark, or stone shall be placed on top of this material to a depth of at least four inches. This requirement shall not apply to single-family, two-family, or three-family residential uses.

Design. Landscape plans shall be required for all Site Plans and shall only be prepared under the supervision of and signed by a Certified Landscape Architect, except for single- and two-family homes, where no plan is required.

Tennis court fences, shall have a maximum height of 12 feet provided that they are located in a side or rear yard, and provided that they are located no closer than 10 feet to a property line.

Swimming pool fences may have a maximum height of five feet in any yard provided that they are located a maximum of 15 feet from the nearest point of the pool surface, and are not located within any sight triangle at any street intersection or driveway.

No fence in a Residential Zone shall be erected of barbed wire, or electrified or topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.

No solid architectural fences or slatted chain link fences three feet in height or greater shall be permitted around tennis courts or within a front yard in any zone.

Atmospheric Pollutants. Dissemination of toxic or noxious smoke, fumes, gas, dust, odor or any other atmospheric pollutant into the air to such a degree as to be detrimental to the health and welfare of residents in the area, as determined by State, regional and local requirements.

Waste Material. Discharge of any waste material whatsoever on the site or into any watercourse except in accordance with State, regional and local requirements.

Glare, Vibration and Noise. Dissemination of glare, vibration, and/or noise beyond the immediate site on which such use is conducted and in accordance with this chapter establishing noise performance and vibration standards.

Hazards. Hazard by reason of fires, explosion, radiation or similar cause to property in the same or adjacent zones. Safeguards for the health and safety of workers shall comply with all applicable regulations and requirements of the State Department of Labor and Industry.

Examination of Applications. All applications shall be examined by the municipality in regard to the effect of the proposed use upon the public health of the residents and the surrounding area in respect to any potential pollution of air, ground water, or ground resulting from the dissemination of smoke, chemicals, odors or dust from the industrial processes of the proposed use. A written report indicating the conformance with or violation of the performance standards shall be submitted to the Construction Official.

Certification in writing by the New Jersey Department of Environmental Protection and Energy that such proposed facilities are in compliance with applicable State laws and regulations; and

Certification in writing by the Municipal Engineer approving the installation of such facilities.

Laws, regulations and codes administered by the New Jersey State Department of Health.

Laws, regulations and codes administered by the New Jersey Department of Labor and Industry.

State of New Jersey Uniform Building Code.

Applicable standards of the United States Public Health Service.

Applicable standards of the Bureau of Mines, United States Department of the Interior.

Laws, regulations and codes administered by the New Jersey Department of Environmental Protection and Energy. If there is a conflict of the foregoing with local codes, the more restrictive shall apply.

Applicable property maintenance code or codes.