Harrington Park City Zoning Code
ARTICLE X
Supplementary Regulations
§ 350-35 Applicability.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.[1]
§ 350-36 Exceptions to height limitations.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
§ 350-36.1 Height limitation; accessory buildings in nonresidential district.
[Added 9-19-2011 by Ord. No. 663]
An accessory building in a nonresidential district shall not exceed a height of 16 feet.
§ 350-37 Reduced lot area.
No lot shall be so reduced in area that the required open space will be smaller than prescribed in the regulations for the district in which said lot is located. Whenever such reduction in lot area occurs, no building located on said lot shall thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area and yard requirements applicable thereto.
§ 350-38 Visibility at intersections.
On a corner lot in any residential district, no wall, hedge or other structure or planting over three feet in height, except for trimmed trees, shall be erected, placed or maintained within the triangular area formed by the intersecting curblines and a straight line joining said curblines at points which are 30 feet distant from the point of intersection measured along said curblines. Any existing obstruction which curtails the view of drivers of vehicles approaching the intersection shall be removed by and at the expense of the owners of such corner lots. Where there are no curbs at the intersection and corner lot in question, the term "curblines," as used herein, shall mean and include the pertinent pavement lines.
§ 350-39 Yards.
A.
Patios. A patio shall not be considered in the determination of yard sizes or lot coverage. Such a patio, however, shall not be closer than 10 feet to any side or rear property line.
[Amended 5-16-1988 by Ord. No. 400; 4-18-2011 by Ord. No. 658]
B.
Porches and decks. Any two-story or any enclosed porch or deck shall be considered a part of the building in the determination of the size of yard or lot coverage. No porch or deck (decking) shall be closer than 15 feet to any side or rear property line.
[Amended 5-16-1988 by Ord. No. 400; 4-18-2011 by Ord. No. 658]
C.
Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
D.
Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two feet; provided, however, that the sum of such projections on any wall does not exceed 1/3 the length of said wall.
E.
Fire escapes. Open fire escapes may extend into any required yard not more than four feet six inches.
F.
Reduction in rear yards. When a lot is less than 100 feet deep at the time of the passage of this chapter, such rear yard may be decreased 1/4 of the distance that the lot depth is less than said 100 feet; provided, however, that no rear yard shall be less than 20 feet in depth.[1]
[1]
Editor's Note: Former Subsection G, regarding driveways, which immediately followed this subsection, was redesignated 4-18-2011 by Ord. No. 658. See now § 350-41C(5)(e) below.
§ 350-40 Transitions.
A.
Side yard and rear yard transition. Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.
B.
Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front yard depth of the residential district.[1]
C.
Corner lot transition. On every corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on said side street.
§ 350-41 Off-street parking.
A.
The following parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building which, after the date when this chapter becomes effective, is erected, enlarged or altered for use for any of the following purposes:
(1)
Dwelling: at least one parking space for each dwelling unit in the building or buildings.
(2)
Auditorium, theater, church or other places of public assemblage: at least one parking space for each seven seats provided for patrons, based on maximum seating capacity.
(3)
Restaurant, eating or drinking establishment: at least one parking space for each four seats, except when it is in a building which provides parking space, in which case, the number of places already provided may be taken to be available for the restaurant or other eating place, plus one for each two employees on a maximum work shift.
(4)
Stores: at least one parking space for each 300 square feet or fraction thereof in excess of 100 square feet of store floor area.
(5)
Office, business and professional buildings located in a business zone: at least one parking space for each 300 square feet of office floor area.
(6)
Industrial or manufacturing establishments: at least one parking space for each 400 square feet of floor area or one for each two employees on the maximum work shift, whichever is greater.
(7)
Mixed uses: Mixed uses in the same building shall be calculated as the sum of the individual uses, unless it is determined by the agency conducting site plan review that the characteristics of the individual uses are such that the total parking needs are less than the sum of the individual uses and that the number of parking spaces to be provided will satisfy the lesser need.
(8)
Other uses: as determined by the Planning Board.
B.
All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Zoning Board of Adjustment may permit the parking spaces to be on any lot within 500 feet of the building if it determines that it is impractical to provide parking on the same lot with the building.
C.
Parking requirements in Office and Research and/or Senior Citizen Dwelling Unit Districts.
(1)
Parking space in the Office and Research District shall be provided on the lot to adequately accommodate company, employee, service and visitor motor vehicles at all times, with at least one car space for each two employees for which the building on the lot is designed.
[Amended 5-16-1988 by Ord. No. 404]
(2)
A minimum of 15% of any open air parking area or lot shall be used exclusively for landscaping, trees, flowers and shrubs.
(3)
The maximum size of any single parking area or lot shall be 60,000 square feet. Adjacent parking areas or lots shall be separated by buffer strips.
(4)
An off-street parking space shall have dimensions of not less than nine feet by 18 feet. Space for maneuvering incidental to parking or unparking shall not encroach upon any interior road or driveway. Every off-street parking space shall be accessible from an interior road or driveway.
(5)
Parking requirements.
(a)
All parking areas provided pursuant to this subsection shall be on the same lot with the building.
(b)
Parking on ingress and egress ways and driveways shall be prohibited within 50 feet of the property line.
(c)
In the Office and Research District, parking space or access thereto, except entrances or exit drives as limited in this section, shall not be less than 50 feet from a street line. Entrance or exit drives connecting the parking area with the street shall be permitted within the fifty-foot strip required above, and these entrances and exit drives on a corner lot shall be a minimum of 80 feet from the intersecting street lines. All such parking shall be a minimum of 50 feet from any property line where said property line adjoins a residential district.
[Amended 5-16-1988 by Ord. No. 404]
(d)
All off-street parking facilities, drives and aisles shall be paved and properly graded, lighted and maintained in a clean and usable condition at all times.
(e)
No driveway shall be closer than five feet to any side property line.
[Added 5-16-1988 by Ord. No. 400]
(f)
Width.
[1]
Driveways, entrance or exit, one-way: minimum of 12 feet but no wider than 30 feet.
[2]
Driveways, entrance or exit, two-way: minimum of 24 feet but no wider than 36 feet.
[3]
All entrance and/or exit drives may be five feet wider at the curb than the driveway they serve, but in no case wider than 41 feet.
(g)
All off-street parking areas shall be surfaced with an asphalt or bituminous pavement and shall be graded and drained to dispose of all surface water, all as approved by the Borough Engineer.
(h)
Any lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downwards from all adjoining residential buildings.
(i)
Locations and area of off-street parking facilities, loading and unloading areas and platforms, driveways, aisles and pedestrian walks shall be shown on prints submitted at the time of application for a building permit and on the site plan. Off-street parking and loading and unloading areas shall be so arranged and located as to provide maximum safety to pedestrians and vehicles and a minimum of interference with the normal flow of both pedestrians and vehicular traffic.
(j)
Aisles shall be a minimum of 24 feet in width.
(k)
No certificate of occupancy shall be issued by the Construction Code Official for any use requiring a parking area without a Planning Board review and written approval of the off-street parking plans. The Planning Board shall ascertain that all of the requirements for off-street parking are complied with. The location and design of entrances, exits, surfacing, landscaping, marking and lighting, marginal lanes and surface lanes, if necessary, shall be subject to the approval of the Planning Board, to ensure adequate relation to traffic safety and protection of adjacent resident areas, if any.
D.
No person shall, without specific approval by the Planning Board or Zoning Board of Adjustment as appropriate, pave, stone, grade, designate, delineate, or otherwise prepare or use any portion of any public right-of-way for the provision of parking for any private motor vehicle. This prohibition shall not apply to areas or specific spaces approved by the Planning Board or Zoning Board of Adjustment or to that portion of a driveway serving the lot immediately adjacent to the portion of the public right-of-way, provided that the driveway in the public right-of-way shall be no wider than the narrowest portion of the driveway on the lot. A small return immediately adjacent to the roadway shall be allowed but shall not be used for any parking purpose.
[Added 6-23-2004 by Ord. No. 566]
E.
In the residential zoning districts, each lot shall be provided with a paved, stoned, concrete or concrete paver driveway connection with a public street. Such driveway shall connect directly to the public street and shall be no wider than 20 feet for a single-car garage or any residence without a garage (formerly 12 feet) or 24 feet for a two-car garage with entry facing the public roadway. In the event of a side entry garage, the driveway from the road to the building setback shall not be greater than 12 feet.
[Added 6-23-2004 by Ord. No. 566; amended 7-18-2005 by Ord. No. 583; 7-9-2018 by Ord. No. 725]
F.
In the residential zoning districts, no person shall enlarge or increase the width of any existing driveway, provided for additional parking area, provide a turnaround area, install a circular driveway, or provide more than one driveway exit from any lot unless approval has been received from the Planning Board or Zoning Board of Adjustment as appropriate. The installation, improvement or repaving of any driveway, regardless of form or nature, shall require a building permit, the cost of which shall be as provided in the Borough Fee Schedule.[1] If the size or location of the driveway is to be changed, and the change violates any setback or other ordinance provisions, the homeowner must get the applicable variance relief from either the Planning Board or the Zoning Board of Adjustment prior to the work being done.
§ 350-42 Fences and walls.
A.
A permit shall be obtained from the Construction Code Official for the erection, alteration or reconstruction of any fence which exceeds three feet in height. As used herein, the term "fence" shall mean and include fences, walls and fence-like or wall-like structures. Unless otherwise specified herein, shrubbery, bushes and trees shall not be considered fences. A sketch showing the fence type, size and location shall accompany the permit application. All applications for permits shall state the name of the owner of the property, the lot and block number of the same on the Tax Map, the street number, the type of fence to be erected, including length, height and the materials to be used, and the general part of the lot it will enclose. The fee for such permit shall be as provided in the Borough Fee Schedule, except that no fee shall be required for any fence constructed by or for the Borough or the Borough's boards, authorities, commissions or agencies.
[Amended 4-18-2011 by Ord. No. 658[1]]
B.
No fence erected shall exceed five feet in height above the normal grade level, except where otherwise authorized in this Code, except that between the building and the front property line no fence, with the exception of retaining walls, over three feet high above the normal grade level shall be erected.[2]
C.
No fence, shrubbery, bushes, trees or other similar obstruction to visibility, exclusive of existing buildings, shall be built or maintained upon a corner lot within the triangular area formed by the intersecting curblines and a straight line joining said curblines at points which are 30 feet distant from the point of intersection measured along said curblines. Any existing obstruction of this character which, within the foregoing limits, curtails the view of drivers of vehicles approaching the intersection shall be removed by and at the expense of the owners of such corner lots. Where there are no curbs at the intersection and corner lot in question, the term "curblines," as used herein, shall mean and include the pertinent pavement lines.
D.
No fence over three feet in height shall be placed within 10 feet of the curbline, and no fence, shrubbery, bushes or trees shall be erected to encroach on any public right-of-way.
E.
The exterior appearance of all fences shall be as attractive as or more attractive than the interior appearance thereof.
F.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
G.
The following fence materials are specifically prohibited: barbed wire, pointed materials (except as used in picket or stockade fences), cloth (except to protect shrubbery or bushes), electrically charged materials and poultry netting.
H.
All fences shall be constructed and maintained in a safe, sound and upright condition.
I.
Any fence erected for the purpose of protecting or enclosing natural or man-made ponds, lakes, reservoirs, streams, brooks, rivers or other waterways shall be located within 20 feet of said waterway, except that, where a service road exists, fences shall be located within 10 feet of the edge of the service road farthest away from said waterway. Where a floodplain zone exists, said fence shall be erected within 10 feet of the designated floodplain zone but shall not be erected to encroach on the floodplain zone.[3]
J.
Any fence over three feet in height which extends in excess of 500 continuous feet or which extends an existing fence in excess of 500 continuous feet shall require Planning Board approval prior to the issuance of a permit. A fence shall be considered continuous if pedestrian access is effectively blocked, prohibited or hindered for the entire length of the fenced area. After a hearing, the Planning Board shall determine whether the application is in compliance with the conditions stated herein and shall consider the aesthetic impact of said fence on the character of the neighborhood. If the aesthetic impact is deemed negative, the Planning Board may deny or modify the application for a permit. The Planning Board shall approve, deny or modify said application within 95 days of the filing of an application, unless extended by mutual consent of the Planning Board and the applicant.
§ 350-43 Signs.
[Amended 7-31-1989 by Ord. No. 417; 7-20-1998 by Ord. No. 512]
A.
Statement of purpose. This section is intended to help preserve the general residential character of the community, to enhance the aesthetic appearance of the business district so as to blend with the overall character of the community, and to facilitate the safe and orderly flow of traffic throughout the community. In order to achieve these goals, the municipal agency administering these regulations shall ensure that permitted signs are compatible with their immediate surroundings and with the zone in which the signs are located and shall ensure that permitted signs are appropriate to the specific type of activity to which they pertain.
B.
General provisions. The following provisions shall be applicable in all districts of the community:
(1)
No sign shall be erected, altered, relocated, maintained or reconstructed unless it shall conform to these regulations. Plans for each sign shall be reviewed and approved by the Zoning Officer prior to the issuance of a permit for such sign. The following signs shall be exempt from the requirements of Zoning Officer review and permits:
(a)
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of the occupants or other identification of noncommercial premises.
(b)
In residential districts, "for sale" or "for rent" signs which fully conform to the requirements set forth herein and which advertise sale or rent by the owner/occupant of the premises.
(c)
Legal notices or identification, informational or directional signs erected or required by governmental bodies as necessary to the public welfare.
(d)
The flag, pennant, or insignia of any nation, state, city or other governmental agency.
(e)
Temporary construction site, mechanic's, painter's or artisan's sign erected on the property where such work is being performed and which does not exceed six square feet in area. Such signs shall be removed promptly upon completion of the work.
(f)
Temporary signs of public or semipublic nature denoting special community activities, church fairs, or elections, provided that the signs do not exceed 20 square feet in area. Such signs shall be removed within two days following the event noted on the sign.
(g)
Temporary signs announcing garage sales or similar activities not exceeding four square feet in area. Such signs shall be removed within two days following the event noted on the sign.
(2)
No advertising signs or billboards are permitted; the governing body finds that the Borough, being residential in character with no major highways or thoroughfares, has no appropriate place for such a use.
(3)
Signs shall be constructed and lettered by a professional or in a manner equal to professional workmanship.
(4)
Illumination.
(a)
No signs shall be lighted except by a shielded spotlight or an internal light source.
(b)
No flashing, intermittent, or varying illumination shall be permitted, except for Borough signs or equipment.
[Amended 4-18-2011 by Ord. No. 658]
(c)
Illumination shall be by white light only, except for Borough signs or equipment.
[Amended 4-18-2011 by Ord. No. 658]
(d)
Neon signs may be permitted inside of a business only.
(e)
All lighting of business signs, including those which are inside of a business establishment but may be seen from the outside, must be extinguished when the associated business is closed, but in no event later than 10:00 p.m., unless said business is permitted to remain open, by ordinance, past 10:00 p.m.
(f)
Sign illumination shall light the sign area only.
(5)
Motion.
(a)
No sign shall be permitted or caused to rotate, flutter, or otherwise move.
(b)
Computerized signs which convey an image or message by means of moving or flashing lights or characters shall be prohibited, except for Borough signs or equipment.
[Amended 4-18-2011 by Ord. No. 658]
(c)
No vehicular or mobile signs shall be utilized to circumvent any of the Borough's sign regulations This provision shall not be construed so as to prohibit the temporary parking of a commercial vehicle.
(6)
Cloth or fabric signs.
(a)
No cloth, paper, oilcloth, canvas, inflated, or fabric signs, banners, or pennants shall be permitted outdoors without permission from the Mayor and Council. This provision shall not be construed to eliminate the display of national or state flags.
[Amended 4-18-2011 by Ord. No. 658]
(b)
Awning signs shall only be permitted upon separate application to the Zoning Board of Adjustment, unless the same are ancillary to an application whose primary jurisdiction is the Planning Board, in which case the Planning Board shall consider the application in considering said awning sign application. The appropriate board shall review such factors as the size of the awning, its compatibility with the surrounding properties and uses, any interference with other signs, and its aesthetic character.
(7)
Roof or projecting signs.
(a)
No sign shall be mounted on any building roof.
(b)
No wall sign shall be permitted to extend or project above the highest elevation of the wall to which it is attached.
(c)
No wall sign shall be allowed or caused to project more than one foot outward from the building wall to which it is attached.
(d)
Marquee signs, i.e., the rooflike projections used for advertising which are commonly associated with theaters, are prohibited.
(8)
No sign shall be placed so as to interfere with or be mistaken for a traffic light or similar safety device, nor shall any glare-producing signs be allowed.
(9)
No signs shall be attached to a fence, pole or rock except where the Zoning Officer shall deem necessary for purposes of public safety. No signs shall be attached to trees.
(10)
No sign shall be allowed to emit any audible sounds, such as talking, music or any noise whatsoever.
(11)
Unless the requirement would violate a registered federal trademark, no sign shall contain more than three colors, with such restriction applying to the total sign, inclusive of background, frame and communicative parts. No sign shall be painted with fluorescent or phosphorescent paint, nor shall any unusually bright, sparking or garish paint or material be used.
(12)
Public information signs, including service club, church, public buildings, charitable or civic organization, and hospital signs, shall be permitted at roadside within the public-right-of-way. Such signs shall not exceed three square feet in area and shall be no higher than five feet at the top of the sign. Plans for such signs shall be reviewed by the Zoning Officer, who shall restrict the number and placement as he shall deem necessary to further the public welfare and the specific purposes of this section. Where such signs are to be erected by public or nonprofit entities, the required fees may be waived.
(13)
Service station signs shall conform to the following requirements, which are deemed customary and necessary to the station business:
(a)
One freestanding sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia, or emblem and denoting pricing, provided that the sign has no more than two faces, shall not exceed 30 square feet in area on each side, shall be within 15 feet of the front property line and shall not exceed 10 feet in height.
[Amended 4-18-2011 by Ord. No. 658]
(b)
Signs placed on the face of the building shall be no greater than 15 square feet in area and limited in number to that agreed to by the Zoning Officer, but not to exceed three. In no event shall signage of any nature be permitted on the face of the building that is either in or faces a residential area.
[Amended 4-18-2011 by Ord. No. 658]
(c)
One sign located inside the property specifically advertising special servicing is permitted. Such sign may have two faces, each not exceeding 10 square feet in area.[2]
(d)
Directional signs or lettering displays over individual entrance doors or bays consisting of only the words "lubrication," "repairs" or "mechanic on duty" or other words closely similar are permitted. Only one such sign will be permitted over each door or bay. The letters thereon shall not exceed 12 inches in height and the sign area shall not exceed six square feet in area. In no event shall signage of any nature be permitted over bays which either are in residential zones or face residential uses.
[Amended 4-19-1999 by Ord. No. 523]
(e)
Customary lettering on an insignia which is a structural part of a gasoline pump, consisting only of the brand name of the gasoline sold, pump nomenclature or instructions, a price indicator and other signs required by law are permitted. Such signs will not require a permit or permit fee under this chapter.
(f)
A nonilluminated credit card sign not exceeding two square feet in area, which may be placed on or near the gasoline pump, is permitted.
C.
Residential districts.
(1)
Residential identification signs. Signs identifying the name and profession of the occupant or the street address of the premises shall be limited to one wall sign and one ground sign. Identification signs shall not exceed one square foot in area.
(2)
Customary warning or "no trespassing" signs shall not exceed one square foot and shall be limited in number as the Zoning Officer shall deem appropriate in relation to the size of the site.
(3)
"For sale" or "for rent" signs. One sign advertising the sale or rent of the premises on which the sign is located, which may be double-faced, shall be permitted. Each face of the sign shall not exceed six square feet in area and shall be set back from the street line no less than 10 feet. Such sign shall be immediately removed upon the sale or rental of the property.
(4)
Temporary ground signs for directional purposes shall not exceed one square foot in area and shall not be erected for more than two days.
(5)
Churches, libraries, schools or other public buildings shall be allowed to erect:
(a)
Two wall signs or ground signs for identification or informational purposes, not to exceed three feet by four feet.
(b)
Wall signs or ground signs for directional warning purposes. Such signs shall not exceed one square foot in size and shall be limited in number as the Zoning Officer deems necessary and appropriate for public safety.
(6)
One sign, not to exceed 12 square feet in area, shall be allowed per construction site identifying the architect, engineer, general contractor, and/or developer. Such sign shall not be erected until the building permit for the premises has been issued and shall be removed prior to issuance of the last certificate of occupancy.
(7)
Miscellaneous. Any other signs which may be proposed in a residential district shall conform to all general provisions of this section. Approval of such signs may also be conditioned as to size, shape, height, placement, material, technique, number, and duration in such manner as the Zoning Board of Adjustment shall reasonably deem appropriate in order to further the purposes of this section.
D.
Business and industrial districts.
(1)
Business signs may be erected subject to the following restrictions:
(a)
One wall sign may be erected per established business frontage. Such signs shall not exceed 5% of the building face on which they are placed (including window area, if any) and shall not exceed three feet in height.
(b)
In lieu of the wall sign permitted under Subsection D(1)(a), a business may substitute one window sign. Such sign shall not exceed 20% of the individual window area or 10% of the glass area of any door. In no event shall the sign exceed three feet in height nor 10 feet in width. No flashing or moving signs shall be permitted to be attached to any window or be visible through such window from any business frontage.
(c)
One freestanding sign may also be erected no greater than five feet from and wholly within the property line. Such sign shall be placed at a right angle to the property line and adjacent to the side lot line nearest to the oncoming traffic. In addition, the dimensions of such signs shall be restricted as follows:
(2)
Customary warning or "no trespassing" signs shall be permitted, provided that they shall not exceed one square foot and shall be limited in number as the Zoning Officer deems appropriate in relation to the size of the site.
(3)
"For sale" or "for rent" signs. One sign advertising the sale or rent of the premises on which the sign is to be located shall be permitted. If the sign is a freestanding ground sign, it shall not exceed six square feet in area and it shall be set back from the street line no less than 10 feet. If the sign is a wall sign, it shall not exceed six square feet in area and it shall be mounted flat against the wall. If placed in a window, so as to be visible from the business frontage, the sign shall not exceed 20% of the individual window area. Such sign shall be immediately removed upon the sale or rental of the property.
(4)
Construction signs. One sign, not to exceed 12 square feet in area, shall be allowed per construction site identifying the architect, engineer, general contractor, and/or developer. Such sign shall not be erected until a building permit for the premises has been issued and shall be removed prior to the issuance of the last certificate of occupancy.
(5)
Freestanding directional or safety signs shall be permitted, subject to the following restrictions:
(a)
Such signs shall contain the word "entrance," "exit," "one-way," or similar directions only.
(b)
The display face of such signs shall not exceed one foot in height nor two feet in width.
(c)
The top of such signs shall not be higher than five feet from the ground at the base of the sign.
(d)
Illumination of such signs shall only be by means of shielded spotlights or interior white diffused light.
(e)
The number and placement of such signs shall be restricted as the Zoning Officer shall deem necessary and appropriate to the size of the premises in the interest of public safety and welfare. In the event that Subsection D(5) shall be preempted by county or state regulations, such superseding regulations shall govern the review and permit process for such signs, and applicants shall be required to comply with said county or state regulations.
(6)
Directory signs shall be permitted, subject to the following regulations:
(a)
One directory sign shall be allowed at each entrance to a business or industrial development in order to direct traffic to businesses within the development.
(b)
Such signs shall contain the name of each business and appropriate directional symbols.
(c)
The display face of directory signs shall be restricted as the Zoning Officer shall reasonably deem appropriate in relation to the number of businesses to be identified thereon.
(d)
The top of such signs shall not be higher than five feet from the ground at the base of the sign.
(e)
The illumination of such signs shall be by means of shielded spotlights or interior white diffused light only.
(f)
Directory signs shall be placed at right angles to and no greater than five feet from the property line so as to be readily visible to oncoming traffic.
(7)
Any other signs which may be proposed in a business or industrial district shall conform to all general provisions of this section. Approval of such signs may also be conditioned as to size, shape, height, placement, material, technique, number and duration in such a manner as the Zoning Board of Adjustment shall reasonably deem appropriate in order to further the purpose of this section.
E.
Senior Citizen Dwelling Unit District.
(1)
Identification signs. Signs identifying the name of the occupant or the street address of the premises shall be permitted, subject to the following restrictions:
(a)
No sign shall be affixed to or displayed in any window.
(b)
Wall signs must be attached parallel to the face of the building and shall not project more than one foot from the building face. Such signs shall not be greater than 25 square feet in area, nor shall they exceed five feet horizontally and five feet vertically. No more than one sign shall be allowed on any building face. No more than two wall signs shall be allowed on any building.
(c)
In lieu of wall signs, one freestanding sign shall be permitted. Such sign shall be placed on the buffer strip, no less than 20 feet from the property line, and shall not exceed 25 square feet in area, nor shall the top of said sign be higher than five feet from the ground at the base of the sign.
(2)
Freestanding directional or safety signs shall be permitted, subject to the following restrictions:
(a)
Such signs shall contain the word "entrance," "exit," "one-way," or similar directions only.
(b)
The display face of such signs shall not exceed one foot in height nor two feet in width.
(c)
The top of such signs shall not be higher than five feet from the ground at the base of the sign.
(d)
Illumination of such signs shall only be by means of shielded spotlights or interior white diffused light.
(e)
The number and placement of such signs shall be restricted as the Zoning Officer shall deem necessary and appropriate to the size of the premises in the interest of public safety and welfare. In the event this Subsection E(2) shall be preempted by county or state regulations, such superseding regulations shall govern the review and permit process for such signs, and applications shall be required to comply with said county or state regulations.
(3)
Construction signs. One sign, not to exceed 12 square feet in area, shall be allowed per construction site identifying the architect, engineer, general contractor, and/or developer. Such sign shall not be erected until the building permit for the premises has been issued and shall be removed prior to issuance of the last certificate of occupancy.
(4)
Customary warning or "no trespassing" signs shall be permitted, provided that they shall not exceed one square foot and shall be limited in number as the Zoning Officer shall deem appropriate in relation to the size of the site.
(5)
Miscellaneous. Any other sign which may be proposed in a Senior Citizen Dwelling Unit District shall conform to all general provisions of this section. Approval of such signs may also be conditioned as to size, shape, height, placement, material, technique, number, and duration in such manner as the Zoning Board of Adjustment shall reasonably deem appropriate in order to further the purpose of this section.
F.
Office and Research District.
(1)
Identification signs. Signs identifying the name of the occupant or the address of the premises shall be permitted, subject to the following restrictions:
(a)
No sign shall be affixed to or displayed in any window.
(b)
All signs must be attached to the face of the building and shall not project more than one foot from the building face. Such signs shall be not greater than 50 square feet in area, nor shall they exceed 10 feet horizontally or five feet vertically. No more than one sign shall be allowed on any building face, and no more than two wall signs shall be allowed on any building.
(c)
In lieu of wall signs, one freestanding sign shall be permitted. Such sign shall be placed on the buffer strip, no less than 15 feet from the property line, and shall not exceed 50 square feet in area, nor shall the top of said sign be higher than five feet from the ground at the base of the sign.
(2)
Freestanding directional or safety signs shall be permitted, subject to the following:
(a)
Such signs shall contain the word "entrance," "exit," "one-way," or similar directions only.
(b)
The display face of such signs shall not exceed one foot in height nor two feet in width.
(c)
The top of such signs shall not be higher than five feet from the ground at the base of the sign.
(d)
Illumination of such signs shall only be by means of shielded spotlights or interior white diffused light.
(e)
The number and placement of such signs shall be restricted as the Zoning Officer shall deem necessary and appropriate to the size of the premises in the interest of public safety and welfare. In the event this Subsection F(2) shall be preempted by county or state regulations, such superseding regulations shall govern the review and permit process for such signs, and applicants shall be required to comply with said county or state regulations.
(3)
Construction signs. One sign, not to exceed 12 square feet in area, shall be allowed per construction site, identifying the architect, engineer, general contractor, and/or developer. Such sign shall not be erected until a building permit for the premises has been issued and shall be removed prior to issuance of the last certificate of occupancy.
(4)
Customary warning or "no trespassing" signs shall be permitted, provided they shall not exceed one square foot and shall be limited in number as the Zoning Officer deems appropriate in relation to the size of the site.
(5)
Miscellaneous. Any other signs which may be proposed in an Office and Research District shall conform to all general provisions of this section. Approval of such signs may be conditioned as to size, shape, height, placement, material, technique, number, and duration in such manner as the Zoning Board of Adjustment shall reasonably deem appropriate in order to further the purposes of this section.
G.
Nonconforming signs. Any signs now in existence, the erection or placing of which is prohibited hereunder, may be continued on such building, structure, lot, or land so occupied. At no time, however, shall such a sign be altered, enlarged, extended, or relocated unless such action changes a nonconforming sign into a conforming sign as provided herein, or unless such alterations consist of customary maintenance. The failure to keep a nonconforming sign in good repair for a period of one year or the failure to repair such a sign within 30 days after written notice by the Zoning Officer shall constitute abandonment and such sign must be removed. The provisions of this section notwithstanding, the sign owner shall have the right to replace such nonconforming sign in the event of accidental damage or destruction.
H.
Maintenance of signs.
(1)
Any sign that is or shall become dangerous or unsafe in any manner whatsoever, or any sign erected hereafter in a manner contrary to the provisions of this section, shall be repaired, made safe, made attractive, and made to conform to the requirements of this section or it shall be removed by the owner, lessor, agent or occupant of the building, property, or land upon which it is placed or to which it is affixed.
(2)
The Zoning Officer shall have the power to order, at his own discretion or at the request of the Zoning Board of Adjustment, the repair or removal of any sign which is or is likely to become dangerous or unsafe or which is erected contrary to the provisions of this chapter. He shall further have the power to remove such sign after written notice has been given as provided herein.
(a)
The Zoning Officer shall serve written notice upon the owner, agent, or person having control of any sign, requiring him to repair or to remove the sign, as the case may be, within 48 hours thereafter if, in his judgment, such a necessity exists or within seven days if, in his judgment, such a time period is reasonable or just. In case of an emergency, the Zoning Officer need not provide notice but may take any appropriate action to maintain the safety of the public.
(b)
In the event said owner, agent or person having control shall fail to comply with such notice, the Zoning Officer, immediately upon the expiration of the time allowed, shall cause the sign to be removed. The Zoning Officer shall have the power to issue a summons for a zoning violation.
(c)
Any expenses and disbursements incurred in carrying out the provisions of this subsection shall be recoverable by the Borough from the owner, agent, or person in control of such sign in an action at law in any court of competent jurisdiction upon his, her, or their neglect or refusal to pay the same within 10 days after service of a statement thereof.
I.
Permits, fees and bonds.
(1)
No new sign shall be erected or existing sign enlarged, maintained, relocated or replaced until after the required permit is obtained from the Zoning Officer, except as specifically exempt herein.
(2)
Permit process. An applicant for a sign permit shall submit the following information to the Zoning Officer:
(a)
Name, address and phone number of the applicant;
(b)
Location of the building, structure, or lot to which the sign is to be attached;
(c)
Written consent of the property owner, if different from the applicant;
(d)
Proposed location of the sign on the building and/or lot in relation to nearby buildings, structures and existing signs;
(e)
Plans, specifications and method of construction of the sign and its supports, including proposed dimensions, materials, colors, weight and intensity of illumination;
(f)
Name of the individual or firm erecting the sign; and
(g)
Copies of stress sheets and calculations showing the dead load and wind pressure design if the Zoning Officer deems it necessary and appropriate to the evaluation of a particular sign.
(3)
Permit fees. Sign permits shall not be issued until the following fees have been paid:
(b)
Signs in business or office and research districts not specifically exempted under Subsection B: as per fee ordinance.[4]
[Amended 4-18-2011 by Ord. No. 658]
[4]
Editor's Note: Subsection (4), Bond, of original § 53-33I, which immediately followed this subsection, was repealed 4-18-2011 by Ord. No. 658.
J.
Violations and penalties. Any person violating any provisions of this § 350-43 shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 164, Fines and Penalties. Each day that a violation continues shall be considered a new and separate violation of this § 350-43.
[Amended 4-18-2011 by Ord. No. 658]
§ 350-44 Miscellaneous restrictions.
A.
No storage of manure or odor- or dust-producing substance or use shall be permitted within 100 feet of any adjoining lot line.
B.
No products shall be publicly displayed or offered for sale from the roadside.
C.
No building in which farm animals or poultry are kept shall be closer than 100 feet to any adjoining lot line, nor shall any run for farm animals be closer than 25 feet to any lot line.
§ 350-45 Hoofed animals. [1]
A.
The keeping or sheltering of hoofed animals, as defined herein, on any land or lands in any zoning district established by this chapter is made subject to the regulations, requirements and standards set forth herein.
B. HOOF HOOFED ANIMAL STABLE
For purposes of this section, the words and terms used herein shall be defined as follows:
The horny covering protecting the ends of the digits or encasing the foot.
Any animal which is a solid-hoofed or cleft-hoofed quadruped, including but not limited to horses, ponies, sheep, goats, cows, mules, donkeys, lamoid or any member of the Camelidae family and swine, whether mature animals or their young.
[Amended 4-19-2021 by Ord. No. 751]
Any structure designed for the keeping and handling of hoofed animals.
C.
Not more than one hoofed animal may be kept on premises with an area of at least 15,000 square feet, excluding all structures thereon other than the within-mentioned stable, provided that such animal is enclosed in a pen or corral containing at least 800 square feet, including a stable under a roof of at least 100 square feet, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 50 feet to any neighboring dwelling or structure.
D.
No more than two hoofed animals may be kept on premises with an area devoted to such animals of at least 20,000 square feet, excluding all structures thereon other than the within-mentioned stable, provided that such animals are enclosed in a pen or corral containing at least 800 square feet per animal, including a stable under a roof of at least 100 square feet per animal, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 50 feet to any neighboring dwelling or structure.
E.
Not more than three hoofed animals may be kept on premises with an area devoted to such animals of at least one acre, excluding all structures thereon other than the within-mentioned stable, provided that such animals are enclosed in a pen or corral containing 800 square feet for the first such animal and 400 square feet for each additional animal, including a stable under a roof containing at least 100 square feet per animal, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 50 feet to any neighboring dwelling or structure.
F.
The pen, corral fences or similar enclosures referred to in Subsections C, D and E above shall be constructed so as to enclose the pen or corral area and contain the hoofed animal and shall be of a minimum height of four feet for animals four feet in height or under and a minimum of five feet for animals four feet in height or over. The height of such animals shall be measured from the ground to the withers of the animal.
§ 350-46 Smoke detectors or smoke alarms.
A. SMOKE DETECTOR or SMOKE ALARM
Definitions. As used in this section, the following terms shall have the meanings indicated:
An electrically powered or battery-operated device designed to detect smoke and provide an audible alarm which shall bear a seal of Underwriters' Laboratories, Inc. (UL), Factory Mutual Research Corporation (FM) or other nationally recognized testing laboratory.
B.
Installation required. Prior to the transfer of title to any dwelling unit and prior to the issuance of a certificate of occupancy in connection with the construction and/or alteration of any dwelling unit, there shall be installed a minimum of one smoke detector or smoke alarm on each floor of a dwelling unit, including the basement and excluding the attic, in locations designated by the Construction Code Official or Fire Protection Subcode Official in conformance with the current requirements of the Uniform Construction Code.[1]
C.
Enforcement.
(1)
Compliance with this section shall be a condition to the issuance by the Construction Code Official of any construction permit for alteration or new construction.
(2)
The Tax Collector of the Borough of Harrington Park shall provide to each person requesting a tax search a copy of this section with a statement advising that the seller of any dwelling unit must install smoke detectors or alarms prior to the closing in accordance with the provisions of this section. Prior to such closing, the seller's attorney must provide a signed affidavit that smoke detectors or smoke alarms have been installed in accordance with the provisions of this section. This affidavit must be filed with the Borough Assessor, Tax Collector and Construction Code Official. Inspections shall be scheduled with the Fire Protection Subcode Official.
[Amended 4-18-2011 by Ord. No. 658[2]]
§ 350-47 Private swimming pools.
[Added 5-16-1988 by Ord. No. 400; amended 4-18-2011 by Ord. No. 658]
A. FENCE PORTABLE POOL PRIVATE SWIMMING POOL
Definitions. Words, terms and phrases used in and for the purpose of this section are defined as follows:
A permanent barrier of durable construction at least 48 inches in height above grade, containing a self-closing gate of at least the same height, and so constructed as to permit normal passage from one side to the other only through a gate. No gate shall be deemed necessary if the pool and fence are so situated that one side of the owner's dwelling is considered as the fourth side of the fence, and the only access to said pool is through the dwelling. It will be incumbent upon the owner to properly maintain the fence.
Any structure or other device having a depth of 12 inches or more, constructed of canvas, rubber, plastic and/or other materials, in which the possessor, his family or guests can swim, dive or enjoy other aquatic activities, and designed to be assembled and used during the normal local swimming season and disassembled and stored during other seasons.
Any artificially constructed basin, structure or other device having a depth of 12 inches or more (whether above or below grade), in which the possessor, his family or guests can swim, dive or enjoy other aquatic activities, and which is constructed, erected or installed in such a manner as to classify it as "permanent" as opposed to "portable."
B.
New pools.
(1)
No person, company or other coalition of interests shall erect, construct, install, or cause to be erected, constructed or installed a private swimming pool or a portable pool within the confines of the Borough of Harrington Park without first submitting plans to the Construction Code Official. Said plans must be accompanied by a provision for temporary barriers or an enclosure of the excavation after it has been dug and prior to the completion and filling of the pool.
C.
Gates. The gate or gates in the fence shall be kept closed at all times, except when being used for passage, and shall be locked when the pool is unattended.
D.
Aboveground pools.
(1)
Pools with vertical sides less than four feet above ground level shall be enclosed by a fence at least 48 inches in height, so constructed and placed as to prevent access to the pool by small children.
(2)
Stairs and steps or ladders leading up to the pool edge shall also be enclosed as aforesaid or, if portable, shall be removed when not in use.
E.
Facilities for recirculation and reuse of water. All pools not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Board of Health during any period of emergency water shortage.
F.
Relationship to zoning ordinances. Nothing herein shall be construed as modifying, altering or repealing any provision of this chapter.
G.
Enforcement officials. Enforcement of this section shall be the duty of the Construction Code Official and/or the Health Officer of the Borough of Harrington Park.
H.
A private swimming pool meeting the requirements of the Board of Health shall be permitted as an accessory use in a rear yard, provided that:
(1)
All terms and conditions contained in this section have been complied with.
(2)
The pool shall be located at least 15 feet from any side or rear lot line. Any patio, decking and other decorative improvements surrounding such a pool shall be located no closer than 15 feet to any side or rear lot line.[3]
(3)
Installation of any lighting of the pool shall be such that there shall be no glare or direct lighting into adjacent properties.
(4)
Swimming pools, including railings and other devices attached to the pool structure, excluding diving boards and slides, shall not exceed a maximum height above finished ground level of six feet. On exposed sides facing adjacent property owners, the pool shall be shrubbed with evergreens equal in height to the exposed portion of the pool which is over two feet and not enclosed by fencing.
I.
The foregoing restrictions shall not apply to movable wading pools.
§ 350-48 Tennis courts.
[Added 5-16-1988 by Ord. No. 400]
Tennis courts, when used exclusively for private purposes, shall be permitted as an accessory structure in rear yards in the residential districts, provided that such tennis courts shall be a minimum distance of 15 feet from the rear lot line. Fences may be erected around the perimeter of a tennis court in connection with the use thereof, but in no case more than 10 feet in height, and further provided that no illuminating lights permitting night playing shall be allowed. Any fence used in connection with a tennis court shall be of the chain-link variety. Any such fence shall be shielded by evergreens or other shrubbery which will act as a buffer between the fence and the side/rear or front yards.
§ 350-49 Heating, ventilating and air-conditioning equipment, generators and backup electrical supply apparatus.
[Added 5-16-1988 by Ord. No. 400; amended 8-18-2014 by Ord. No. 692]
A.
"Heating, ventilating and air-conditioning equipment and generators and backup electrical supply apparatus" shall be defined as any structure, casing or other apparatus located on the outside of the structure which use has either heating, air-conditioning or electrical backup supply purposes and commonly referred to as "central air-conditioning/heating units" or "generators/electrical backup supply apparatus." Such equipment shall not encroach on any side, rear or front yard setback requirement, as defined by this chapter. All such equipment shall be shielded by evergreens or other shrubbery which shall act as a buffer between the equipment and the side/rear or front yard which is closest in proximity to said equipment. Further, with respect to generators/electrical backup supply apparatus, such equipment shall not be permitted in the front of the structure.[1]
B.
For any such equipment which cannot be placed in a position in conformance with the above subsection, the owner/applicant shall come before the Planning Board or Zoning Board of Adjustment to request the appropriate variance relief. The applicant is to provide the Board with a copy of a survey indicating all existing structures on the property and the proposed location of the equipment.
§ 350-50 Community residences.
[Added 11-25-1996 by Ord. No. 489; amended 1-20-1997 by Ord. No. 491; 4-18-2011 by Ord. No. 658]
The Mayor and Council of the Borough of Harrington Park have determined that, pursuant to N.J.S.A. 40:55D-66.1, it is in the best interests of the Borough to establish regulations related to the health, safety and welfare of the residents of the Borough concerning community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, housing more than six persons. Pursuant to N.J.S.A. 40:55D-67, the aforementioned residences may be permitted as a conditional use in residential districts, provided that:
A.
A conditional use permit shall not be granted for such residences located within 1,500 feet of an existing community residence for developmentally disabled persons or shelter or school.
B.
A conditional use permit shall not be granted if existing community residences or community shelters within the Borough exceed 50 persons or 0.5% of the Borough population, whichever is greater.
C.
Applicants for conditional use permits shall demonstrate to the Planning Board that every resident admitted shall be provided with assistance in maintaining a basic level of self-care and in developing the potential to live independently in the Borough. The operator of a residence for the developmentally disabled shall provide to the Borough Board of Health proper documentation certifying that each proposed resident is neither a danger to himself nor to the community. Such documentation shall be provided for each proposed resident before he is allowed to take up occupancy in the facility. Provisions shall be made for properly licensed medical, nursing and supervisory staff as the Borough Board of Health deems necessary and adequate for the particular facility in question.
D.
The applicant shall supply information to the Planning Board covering the operation and maintenance of the proposed residence and the rules and regulations governing the admission and discharge of residents. In addition to providing said information to the Planning Board, the same information shall be provided by the operator of a community residence for the developmentally disabled to the Borough Board of Health, and the operator shall immediately provide to the Borough Board of Health copies of any changes to rules and regulations. No such rule or regulation shall be deemed effective unless and until the Borough Board of Health has approved said rule or regulation as necessary and adequate for that particular facility.
E.
The applicant shall demonstrate to the Planning Board that essential life-safety, health and comfort conditions will exist in a homelike atmosphere in the proposed community residence.
F.
Except as specified in these subsections, the use of single-family dwellings for community residences shall conform to all development standards of the same district within which the residence is to be located.
G.
Off-street parking shall be provided at a rate of two parking spaces for the first six occupants, plus one additional space for each additional three occupants, plus one for each staff member.
H.
The applicant shall provide detailed building plans for a community residence which shall indicate the use of all floor spaces contained within the dwelling. In addition, the operator of the community residence for the developmentally disabled shall provide copies of said plans to the Borough Board of Health, and said plans are subject to the approval of the Borough Board of Health as to the safety and adequacy of the particular facility.
I.
Community residences shall provide internal and outdoor passive recreation areas to sufficiently accommodate the occupants of the dwelling. In addition, facilities shall be provided for internal recreation for meetings, games and other similar activities.
J.
The applicant shall demonstrate to the Planning Board that adequate transportation will be continually provided to meet the daily needs of the occupants of the dwelling.
K.
A community residence shall have twenty-four-hour on-site supervision and security. Security shall also consist of a fence and/or a landscape screen, or a combination of both fencing and landscaping, surrounding the facility, adequate to prevent residents of the facility from leaving unnoticed and to prevent unauthorized persons from entering the facility, as deemed appropriate by the Planning Board.
L.
The applicant shall submit details concerning all life-safety and emergency facilities and equipment which are to be provided within the building. The operator of the community residence for the developmentally disabled shall provide a centrally supervised fire alarm system with supervised smoke detectors monitored by the Police Department. The installation of smoke systems shall be in accordance with the requirements of the Uniform Construction Code and the Bureau of Fire Prevention.
M.
The use of any existing or proposed building or structure as a community residence shall be in accordance with the State Uniform Construction Code and shall also be subject to the approval of the Bureau of Fire Prevention.[1]
N.
The applicant shall provide documentation that the proposed residence has been properly licensed by the New Jersey Department of Human Services, as well as any other required regulatory governmental or administrative body. A fully detailed written disclosure shall be submitted to the Planning Board identifying individuals, with addresses, involved in a corporation, partnership, society or association, whether public or private, whether for profit or nonprofit, involved in the operation and maintenance of such residence.
O.
In considering the granting of a conditional use permit for a community residence, the Planning Board may be guided by standards contained elsewhere in this chapter for comparable conditions and by common good practice.
P.
The applicant shall demonstrate to the Planning Board that the site location, existing development pattern of the area, traffic circulation and pedestrian mobility and safety are suitable for the establishment of a community residence.
Q.
The operator of a community residence shall carry liability insurance with minimum coverage of $1,000,000 per accident, which shall insure the operator against claims of negligence causing injury to the residents of the facility and which shall insure the public against any injury to person or property perpetrated by a resident of the facility. Said insurance policy shall specifically provide that the mental state of the facility resident who was injured or who perpetrates an act shall not be used as a deterrent against recovery on the policy.
R.
The operators of a community residence for the developmentally disabled shall provide detailed information to the Planning Board concerning its approval and compliance with the Rules and Regulations Governing Community Mental Health Service and State Aid Under the Community Mental Health Services Act (N.J.S.A. 30:9A), N.J.A.C. 10:37-1.1 et seq.
§ 350-51 Municipal uses.
[Added 10-19-1998 by Ord. No. 513]
Municipal uses shall be permitted in all districts in the Borough and in all respects shall be exempt from the ordinances contained in the Harrington Park Code.
§ 350-52 Dumpsters, cargo containers and refuse containers.
[Added 4-18-2011 by Ord. No. 658]
A.
No dumpster, cargo container or refuse container with a capacity greater than 100 cubic feet shall at any time be placed outside and upon any premises within the Borough for a period greater than seven days. The Borough police officers, Construction Code Official and Zoning Officer have the authority to extend this period for one additional seven-day period in order to accommodate the demolition, construction or alteration of the premises. All other containers, regardless of their use, shall be specifically approved by the appropriate Harrington Park board, either planning or zoning. A dumpster permit may be renewed for a period of 90 days upon approval of the Construction Code Official.[1]
B.
No lot owner within the Borough shall permit or allow a container to be placed upon the lot to be used as an accessory structure or shed without specific approval of the appropriate board.
§ 350-53 Clothing donation bins.
[Added 2-17-2009 by Ord. No. 636]
A. SOLICITATION or SOLICIT
Definitions. As used in this section, the following term shall have the meaning indicated:
The request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.
B.
Requirements for placement and use of clothing bin for solicitation purposes. Notwithstanding any other provision of law to the contrary, no person shall place, use, or empty a clothing donation bin, for solicitation purposes, unless all of the following requirements are met:
(1)
The person has obtained a permit, valid for a twelve-month period of time, from the Borough's Zoning Officer, in accordance with the following:
(a)
In applying for such a permit, the person shall include:
[1]
The location where the bin would be situated, as precisely as possible;
[2]
The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed and the method by which the proceeds of collected donations would be allocated or spent;
[3]
The name and telephone number of the bona fide office required pursuant to Subsection B(7) of this section of any entity which may share or profit from any clothing or other donations collected via the bin; and
[4]
Written consent from the property owner to place the bin on his property.
(2)
The person has secured minor site plan approval for the bin from the Planning Board and for the specific purpose of ensuring that the placement of such bin will not constitute a safety hazard.
(3)
The Zoning Officer shall not grant an application for a permit to place, use, or employ a clothing donation bin if he determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a clothing donation bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.
(5)
An expiring permit for a clothing donation bin may be renewed upon application for renewal and payment of a fee as provided in the Borough Fee Schedule imposed by the Zoning Officer for such renewal, to offset the costs involved in enforcing this section. Such application shall include:[2]
(a)
The location where the bin is situated, as precisely as possible, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted and written consent from the property owner to place the bin on his property;
(b)
The manner in which the person has used, sold, or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates he may make in these processes during the period covered by the renewal; and
(6)
The permit number and its date of expiration shall be clearly and conspicuously displaced on the exterior of the clothing donation bin, in addition to the information required pursuant to Subsection B(8) of this section.
(7)
The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, shall maintain a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office.
(8)
The following information shall be clearly and conspicuously displaced on the exterior of the clothing donation bin:
(a)
The name and address of the registered person who owns the bin and of any other entity which may share or profit from any clothing or other donations collected via the bin;
(b)
The telephone number of the person's bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin;
(c)
In cases when any entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared by, or given entirely to, an entity other than the person who owns the bin and identifying all such entities which may share or profit from such donations; and
(d)
A statement, consistent with the information provided to the appropriate municipal agency in the most recent permit or renewal application, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed and the method by which the proceeds of collected donations would be allocated or spent.
C.
Receipt and investigation of complaints relative to donation clothing bins.
(1)
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the Zoning Officer that a person has engaged in or is engaging in any act or practice in violation of Subsection B hereof, the person who placed the bin shall be issued a warning stating that if the violation is not rectified or a hearing with the Zoning Officer is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
(2)
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Zoning Officer may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the municipality.
D.
Additional penalties and remedies. In addition to any other penalties or remedies authorized by the laws of this state, any person who violates any provision of this section which results in seizure of the donation clothing bin shall be:
(1)
Subject to a penalty as provided in Chapter 164, Fines and Penalties, for each violation. The Zoning Officer may bring this action in the Municipal Court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the municipality; and
[Amended 4-18-2011 by Ord. No. 658]
(2)
Deemed ineligible to place, use, or employ a clothing donation bin for solicitation purposes pursuant to Subsection B hereof. A person disqualified from placing, using, or employing a clothing donation bin by violating the provisions of this section may apply to the Zoning Officer to have that person's eligibility restored. The Zoning Officer may restore the eligibility of a person who:
E.
Exemption of clothing donation bins sponsored by departments of the Borough. The owner of any clothing donation bin which is sponsored by any department of the Borough shall be required to comply with the requirements of Subsections B through D hereof but shall specifically be exempt from the minor site plan approval requirement of Subsection B(2) and fee requirement of Subsection B(4) and (5) hereof.