Haddonfield City Zoning Code
ARTICLE X
Supplemental Regulations
§ 135-93.5 Applicability.
[Added 5-14-2019 by Ord. No. 2019-05]
A.
The standards contained in this Article X apply to all development undertaken and to use of all land in the Borough and are intended to be met as conditions to all variances, subdivisions, site plans, conditional uses, construction and zoning permits, certificates of occupancy, and such other permits and approvals as may be required under Borough ordinances.
(1)
Any departure from such standards shall be governed by variances in accordance with N.J.S.A. 40:55D-70(c).
C.
In addition, the following requirements pertaining to off-street parking are included as supplemental regulations and deviation from such requirements must be by variance:
(1)
Section 135-86B(1), Number of parking spaces;
(2)
Section 135-86B(4), Garages and driveways;
(3)
Section 135-86B(6), Parking space size.
D.
Any deviation from the stormwater management requirements of §§ 135-92A(2) and 135-92A(3) must be by variance.
§ 135-94 Sidewalk sales.
[Amended 2-27-1996 by Ord. No. 1725; 2-25-1997 by Ord. No. 1742; 5-26-1998 by Ord. No. 1773; 1-13-2004 by Ord. No. 3-2004]
A.
Limitation. No merchandise, wares, goods, foods, etc., are permitted to be sold or offered for sale on any sidewalk or sidewalk right-of-way or public thoroughfare or public highway or public property within the: RO Residence Office Districts, R-10 Residential Townhouse Districts, R-11 Residential High Density Districts, C Commercial Districts, O Office Districts, or downtown zoning districts except as provided herein.
[Amended 6-9-2009 by Ord. No. 2009-12]
B.
Exemption.
[Amended 9-28-2004 by Ord. No. 25-2004]
(1)
From time to time charitable festivals and other organized activities are conducted within the Downtown Zoning District of the Borough of Haddonfield.
[Amended 6-9-2009 by Ord. No. 2009-12]
(2)
Whenever the governing body of the Borough of Haddonfield by resolution gives permission for such charitable festivals and/or other such organized activities to occur with the Downtown Zoning District, all or some of the following provisions may apply when specifically provided for in the resolution:
[Amended 6-9-2009 by Ord. No. 2009-12]
(a)
Charitable organizations and/or nonprofit organizations and their agents, servants, and/or employees may be permitted to peddle, solicit, canvass and/or sell merchandise, etc., during such charitable festivals and/or such other organized activities upon the public sidewalks and other public property with the Downtown Zoning District of the Borough of Haddonfield;
(b)
The various shops and stores with the Downtown Zoning District may be permitted to display their merchandise on the sidewalk directly in front of their stores or shops and may make sales from such locations during the charitable festival or other organized activity;
(c)
Peddlers, solicitors, canvassers, or other persons and/or entities may not be permitted to peddle, solicit, canvass, sell, or offer for sale any merchandise during such charitable festival or other organized activity except as part of the approved event and under the direction of the event organizers.
(3)
A charitable festival or organized charitable activity is defined as follows:
(a)
A charitable festival is defined to be one or more nonprofit organizations and/or nonprofit entities conducting an organized endeavor wherein merchandise may be sold, entertainment may be provided, celebration may be conducted, etc., all for the purpose of raising monies for charitable purposes.
(b)
An organized activity is defined to be one or more organizations or entities conducting an organized endeavor wherein merchandise may be sold, entertainment may be provided, celebration may be conducted, etc.
C.
Exemption of certain groups.
(1)
The following groups and individuals acting on behalf of such groups are exempt from Subsection A of this section:
(a)
Political group: a nonprofit association of persons sponsoring or advocating certain ideas of government or maintaining certain political principles or beliefs in public policies of government or advocating the candidacy of any individual for elective office;
(b)
Religious group: a nonprofit association of person associated for the purpose of maintaining, advocating and/or espousing certain religious principles and beliefs;
(c)
Charitable group: a nonprofit association of persons that freely and voluntarily administers to the needs of those persons unable to help themselves, and generally associated to serve the public good and welfare without profit;
(d)
Civic group: a nonprofit association of persons engaged in promoting the common good and general welfare of the residents of the municipality. Such definition shall include but not be limited to school groups, benevolent societies and service clubs engaged in nonprofit activities.
§ 135-95 Swimming pools.
A.
Permits.
(1)
Application for permits for the construction and maintenance of any swimming pool, as defined in this chapter, shall be made to the Administrative Officer for a zoning permit (as well as to the Construction Code Official for the construction permit) by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the waterline of the proposed pool on the property, together with the location of decks, walkways around the pool, patios, pumps, filters, and any proposed accessory buildings. The plot plan shall also show the location, height, and type of all existing fencing or walks on the boundary lines of the property, together with the type and height of fencing or enclosure as may be required by this chapter.
(2)
Applicants shall pay a zoning permit fee as stated in Article XIII of this chapter for a permit to erect a swimming pool, as defined in Article II of this chapter, which permit fee shall be exclusive of any permit fees required under the Construction Code for the erection of the pool and any accessory structure or structures to be used in connection with such swimming pool.[1]
(3)
The Administrative Officer shall review the plans to insure compliance with various sections of this chapter as it relates to location of the pool and accessory buildings and structures, and the type, height, location, and safety of the required fence and gates.
(4)
No permit for a swimming pool, as defined in this chapter, shall be issued by the Administrative Officer or the Construction Code Official until the plans, specifications, and plot plan have been approved by the Health Officer and such approval has been properly certified on the above plans. Such approval must be directly obtained from the Health Officer by the applicant.
B.
Compliance with zoning.
(1)
No swimming pool, as defined by this chapter, or accessory building shall be erected or placed nearer to a street property line or nearer to a side or rear property line than would be allowed for accessory buildings in the respective zoning districts as set forth in Articles IV and V of this chapter and must be located in the rear yard of the property. Any pool or accessory building that is located closer than 10 feet from the main structure on a lot must meet the rear yard and side yard requirements in the zone in which it is located that apply to a main structure as they are considered part of that main structure.
(2)
Lot coverage and impervious coverage calculations must be provided by the applicant, and the appropriate zoning requirement must be met including the pool and other improvements.
C.
Health requirements.
(1)
Water supply. There shall be no physical connection between a public or private potable water supply system and such swimming pool at a point below the maximum water level of the swimming pool or to a recirculating or heating system of a swimming pool, unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into a potable water supply system.
(2)
Water purity. The physical, chemical and bacterial qualities of the water in swimming pools shall comply with the latest requirements made by the American Public Health Association and by the New Jersey State Department of Health.
(3)
Design requirements.
(a)
Swimming pools regulated by this chapter shall be so designed and constructed as to facilitate emptying and cleaning, and shall be maintained and operated in such manner as to be clean and sanitary at all times. The inlet of the pool shall be so located and spaced as to secure satisfactory dispersion of inflowing water throughout the pool, and to permit draining, cleaning and disinfecting of the bottom and sides.
(b)
No swimming pool shall be constructed so that its drain outlet shall connect in any manner to any sanitary sewerage disposal system.
D.
Fencing.
(1)
All swimming pools, as defined by this chapter, shall be enclosed by a substantial fence no less than 48 inches in height nor higher than 72 inches above the finished grade. In the case of an aboveground pool meeting the definition of a swimming pool, said minimum forty-eight-inch high fence must be on the ground around the pool or must be above the top edge of the pool. The walls of an aboveground pool shall not be considered a fence for the purposes of this section. All fencing must also comply with § 135-96 of this chapter.
(2)
Said fence shall be constructed so as to prevent any person from gaining access beneath or through it and in such a manner that erosion will not cause openings at the bottom of the fence sufficient in size for access.
(3)
Said fence shall have a similarly substantial gate of the same height as the fence, with facilities for locking said gate when the pool is unguarded. Said swimming pool gate shall be closed at all times, except when open for the purpose of ingress and egress, and when said swimming pool is unguarded or unattended, said gate shall be kept locked.
(4)
Said fence shall be continuously maintained to meet all the above requirements as long as the pool exists. The Administrative Officer and/or the Health Officer is authorized to issue a notice requiring compliance with the above. Failure to comply in five days will subject the pool owner to penalties as provided in this chapter as well as revocation of the pool permits as provided in this section.
E.
Lighting. No artificial lighting shall be maintained or operated in connection with any swimming pool, as defined by this chapter, in such manner as to be a nuisance or annoyance to neighboring properties.
F.
General improvements and enforcement.
(1)
Any nuisance which may exist or develop in or in consequence of or in connection with any swimming pool, as defined by this chapter, shall be abated and/or removed by the owners within a reasonable time.
(2)
Whenever any swimming pool, as defined by this chapter, by reason of mechanical defects or lack of supervision is, in the opinion of the Board of Health, polluted and detrimental to health, it shall be summarily closed.
(3)
Owners or persons in possession of swimming pools, as defined by this chapter, shall allow the Health Officer and/or Administrative Officer and/or the Construction Code Official access to inspect said pool and the appurtenances at any time it may be required by the Board of Health or the Board of Commissioners of the Borough of Haddonfield.
(5)
Any accessory building such as locker rooms, bathhouses, cabanas, shower rooms, toilets, runways or any other physical facility or equipment incident to the maintenance and operation of any of the above-described shall be in conformance with the rules and regulations of both the Board of Health and the Board of Commissioners of the Borough of Haddonfield.
§ 135-96 Fence regulations.
A.
General regulations. There shall not be built, erected or maintained by any person or persons whomsoever any fence or fences between the lands of any two or more adjoining owners or occupants, whether built, erected or maintained as divisions or partition fences between such lands or whether built, erected or maintained entirely or only partly upon the lands of any such adjoining owners or along or immediately adjacent to any division or partition line of such lands, and whether constructed of wood, stone, brick, iron or other materials, unless such fence meets all the provisions of this chapter. Railings on outside decks shall not be considered fences but shall be considered part of the deck and meet all requirements of the applicable sections. Fences around swimming pools must also meet the requirements of § 135-96D of this chapter.
B.
Height limitations. In all cases where fencing is erected along or adjacent to a front property line or between such a front property line and the actual building line or both, or along or adjacent to any property line bordering on any street and the actual building line with respect to such street or both, said fencing shall not exceed a height of four feet. Along other locations, the height limit is six feet. The maximum height shall be measured from the natural grade of the land.
C.
Obstructions and dangerous fences prohibited. No fence, hedge, or solid wall of any type shall be erected or maintained if it is deemed by the Borough to be a safety hazard in obstructing the view of motorists. No barbed wire or electrified fencing is allowed.
D.
Installation requirements. All fences must be installed with the side where the supporting posts or poles are most visible facing the inside or towards the lot the fence is erected on. The side where the supporting posts or poles is least visible and is the most finished must face the outside or adjoining lots or the public right-of-way.
E.
Number of fences. There shall not be built, erected or maintained by any person or persons whatsoever fences parallel to each other on any lot unless the fences are at least 10 feet apart and satisfactory access is provided to the space between the fences for proper property maintenance.
F.
Permit required; application requirements.
(1)
Before the erection of any fence, an application for zoning approval must be submitted to the Administration Officer and the required fee paid, as stated in Article XIII of this chapter. Said fee shall be in addition to any fees required for a construction permit.
(2)
Such application must include an accurate survey of the property showing the date of the survey and the name and seal of the licensed surveyor. The survey must show up-to-date conditions, including all existing buildings, fences and other significant improvements.
(3)
The application must show, on the survey, the proposed location of any fence. The application must also show an elevation view of the proposed fence clearing stating the height and the material to be used as well as the means of installation.
(4)
The Administrative Officer shall review the application to insure the proposed fence will be in compliance with the requirements of this chapter before issuing a zoning permit.
§ 135-97 Parking, storage and garaging of commercial vehicles in residential zones.
A.
General regulations.
(1)
No more than one commercial vehicle with a gross vehicle weight of less than 10,000 pounds may be parked, stored, or garaged at any dwelling unit or on any public street within the residential zones of the Borough.
(2)
The parking, storing, or garaging of any commercial vehicle with a gross vehicle of 10,000 pounds or more is prohibited within the residential zones of the Borough.
(3)
The parking, storing or garaging of any commercial type equipment such as trailers, chippers, mixers, backhoes, bulldozers, mowers and other landscaping equipment, fuel storage containers for commercial equipment, etc., is prohibited within the residential zones of the Borough.
B.
Recreation vehicles. Recreation vehicles and equipment, such as boats, trailers, campers, etc., may be parked, stored or garaged within the residential zones as long as they are parked, stored or garaged to the rear of the front building line of a dwelling and are not visible from the street.
C.
Exceptions. Nothing herein, however, shall prohibit the temporary parking of a commercial vehicle for the purpose of performing services or making pickups or deliveries in the regular course of business.
§ 135-98 Dish-type antennas.
Dish-type antennas shall be regulated in the Borough of Haddonfield in accordance with this chapter.
A.
Location.
(1)
A property owner in the Borough of Haddonfield is permitted to install and/or erect one dish-type antenna on such owner's property. The dish-type antenna must be installed and/or erected on ground level in the rear yard of the property.
(2)
The dish-type antenna, its foundation pad and supportive structure must be a minimum of 10 feet from any property line.
(3)
Side yard and front yard installations are prohibited.
(4)
Roof or tower installations are prohibited unless a variance is obtained for such installation. An application for a rooftop installation can be made when a ground level installation cannot properly receive the necessary signals.
B.
Height and area. The dish-type antenna, its foundation pad and supportive structure may not exceed a maximum height of six feet above ground level and a maximum diameter of the dish should not exceed eight feet.
C.
Screening. The dish-type antenna must be screened on all sides from public view by use of opaque fencing to a height not to exceed six feet, or shrubbery, or both, wherein such screening shall be approved by the Planning Board, considering aesthetic, type, location, and other such factors. The screening must be such as to prevent the dish-type antenna from being seen from a public right-of-way and from adjacent property owner's properties at ground level.
D.
Site plan. The property owner must submit to the Planning Board of the Borough of Haddonfield, and receive its approval of, a site plan. Such site plan shall be submitted in 20 copies and shall contain the following information: the location of the dish-type antenna; the engineering drawings of the dish-type antenna demonstrating its methods of support and its foundations; the method of installation; the materials to be used; the height of the dish-type antenna and related structures; and the screening required. The applicant property owner is required to obtain a building permit prior to installation and erection; however, no building permit may be issued absent site plan approval by the Planning Board.
§ 135-99 Freestanding air-conditioning units.
A.
General regulations.
(1)
Freestanding air-conditioning units or heat pumps or similar air-handling mechanical or electrical units which are affixed to the ground shall be considered accessory structures for the purposes of this section and does not lose its status as an accessory structure per § 135-16 no matter where it is placed on the lot in relation to the principal building.
[Amended 1-25-1994 by Ord. No. 1689]
(2)
All such units must meet applicable minimum side yard, rear yard, front yard, and height requirements applicable to accessory structures or buildings, and are to be included in the calculation of lot coverage and impervious coverage requirements of the zone in which the lot is located as specified in Article III of this chapter.
[Amended 1-25-1994 by Ord. No. 1689]
B.
Screening and noise limits. All such newly installed units must be totally screened from view from the public thoroughfare or adjacent properties to the maximum height and width of the unit by use of solid fencing, shrubs, evergreens, bushes or combinations thereof. Such new installed residential or commercial units shall be rated at a maximum "bel" level of 8.0 (as referenced in the American Refrigeration Institute Guide Book).
§ 135-100 Skateboard ramps.
A.
Skateboard ramps prohibited. Skateboard ramps, skateboard one-half pipes, skateboard one-quarter pipes, and any such type structures (hereinafter referred collectively as “ramps”) are not permitted in any residential district of the Borough of Haddonfield, except as provided in this chapter.
B.
Portable skateboard ramps permitted. Portable skateboard ramps, portable skateboard one-half pipes, or portable one-quarter pipes are permitted in the residential districts of the Borough of Haddonfield, under the following restrictions:
(1)
The portable ramps must not exceed five feet in width, five feet in length and five feet in height; and
(2)
The portable ramp must be of a size and weight so that two adult individuals would be capable of moving the portable ramp, and said ramp shall not be fixed to the real estate permanently; and
(3)
The portable ramp cannot be used before the hour of 9:00 a.m. and cannot be used after the hour of 9:00 p.m. on any day of the week; and
(4)
The portable ramp must be constructed so that it produces the least amount of noise when in use; and
(5)
The portable ramp must be placed on the residential property only in the rear yard of the property and no closer than 15 feet to any property line; and
(6)
After the hour of 9:00 p.m. and before the hour of 9:00 a.m., the portable ramp must be stored in a building or out of view of the public and other property owners; and
(7)
No more than one such portable ramp is permitted on any one residential property.
§ 135-101 Junk cars.
[Amended 1-25-1994 by Ord. No. 1689]
A.
Junk cars prohibited. Inoperable or unlicensed or unregistered vehicles parked or stored on private property shall be defined as "junk cars" under the definitions in § 135-10 of this chapter, and shall be prohibited, except when parked or stored in an accessory building or in part of the principal building which is designed for the parking of motor vehicles.
B.
Notice and enforcement. The Administrative Officer shall enforce this section. Upon the discovery of a violation of this section, the Administrative Officer shall send notice to the owner of record of the property upon which the junk car is parked or stored or such other parties as the Administrative Officer's investigation shall determine is responsible. Failure to correct said violation within 10 calendar days of receipt of such notice shall subject such responsible persons to penalties as provided under § 135-129 of this chapter.[1]
§ 135-101.1 Retaining walls.
[Added 5-14-2019 by Ord. No. 2019-05]
A.
Retaining walls shall not exceed three feet in height at any point. Terraced retaining walls involving more than one section of wall above or below each other shall be construed as one wall unless the base of the upper wall is separated from the face of the lower wall by at least four feet, measured horizontally.
B.
Retaining walls shall be set back from any property line a distance of a least one foot for each foot of height of the retaining wall.
C.
Any retaining wall proposed to be located within the preservation area of a Borough tree shall require Shade Tree Commission authorization pursuant to Chapter 56 of this Code.
D.
In the event that a fence, safety barrier or other restraining device is provided at the top of the wall, the total height of the wall with the fence, safety barrier and/or restraining device shall not exceed the height limitations set forth for fences in § 135-96 of this Code.
E.
In the event of a conflict between a construction code requirement for a retaining wall, a safety barrier or a restraining device and the requirements of this section, the more restrictive requirement shall apply.