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Hazlet Township City Zoning Code

ARTICLE IV

Zoning District Regulations

§ 181-400 RELATIONSHIP TO OTHER ARTICLES.

This Article establishes the use, bulk requirements and other regulations governing the zones created in Article III. Article II is the compendium of definitions for terms in this Article and throughout the Development Review Ordinance. Performance regulations and design standards are contained in Article V that provide the basis for the physical development and redevelopment of land within the zoning classifications. Article VII contains the standards of review upon which all applications for subdivision or site plan are measured.

§ 181-401 SCHEDULE A-USE REGULATIONS; PROHIBITED USES.

A. 
Schedule A, Use Regulations, is adopted and made part of this Ordinance.[1]
[1]
Editor's Note: Schedule A, Use Regulations, can be found as an attachment to this chapter.
B. 
All uses not expressly permitted in this Ordinance are prohibited. Prohibited Uses to include Automobile Service Stations and Used Automobile Dealerships as defined herein. Marijuana establishments and medical marijuana centers, as defined in this Chapter, shall be prohibited uses in all districts.
[Ordinance No. 1421-07 adopted 10-16-2007; Ord. No. 1571-2015; Ord. No. 1612-2017; Ord. No. 1618-2018 § 2]

§ 181-402 PERFORMANCE STANDARDS FOR ALL USES.

An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a zoning permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any user of any structure.
A. 
Electrical and/or Electronic Devices. All electrical or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 1968, entitled "An Act for the Protection of Electronic Product Radiation." Radiation products, as defined in DHEW Publication No. (FDA) 76-8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall certified data wherein measurements made in accordance with the procedure and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100 KHz and 10 GHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multi-family dwellings) as the result of the operation of such equipment.
B. 
Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining properties, adjoining dwelling units, adjoining districts or streets.
C. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any body of water.
D. 
Noise. Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey State Department of Environmental Protection as they are adopted and amended.
E. 
Odor. Odors shall not be discernible at the lot line or beyond.
F. 
Storage and Waste Disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.
G. 
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.
H. 
Vibration. There shall be no vibration that is discernible to the human sense of feeling beyond the immediate lot.

§ 181-403.01 R-125 Single Family Residential District.

A. 
Permitted Principal Uses.
1. 
Single-family residences.
2. 
Public parks, playgrounds and recreation areas owned or operated by the Township.
3. 
Public and private schools as defined in this Ordinance, except Nursery Schools.
4. 
Any form of agriculture consisting of customary and conventional farming operations, and any form of horticulture, except the commercial keeping, breeding, raising and handling of livestock, fowl, and furbearing animals. Commercial greenhouses and structures or establishments for the raising or sale of farm or horticultural products are permitted.
5. 
Cemeteries.
B. 
Conditional Uses.
1. 
Place of worship.
C. 
Permitted Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use.
2. 
Private swimming pools for residential use.
3. 
Private Garages.
D. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-403.02 R-100 - Single Family Residential District.

A. 
Permitted Principal Uses. All uses permitted in R-125 Zone District.
B. 
Permitted Conditional Uses. All uses permitted in R-125 Zone District.
C. 
Permitted Accessory Uses. All uses permitted in R-125 Zone District.
D. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-403.03 R-70 - Single Family Residential District.

A. 
Permitted Principal Uses. All uses permitted in R-125 Zone District.
B. 
Permitted Conditional Uses. All uses permitted in R-125 Zone District.
C. 
Permitted Accessory Uses. All uses permitted in R-125 Zone District.
D. 
Bulk Regulations. See Schedule B. Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-403.04 R-50 - Single Family Residential District.

A. 
Permitted Principal Uses. All uses permitted in R-125 Zone District.
B. 
Permitted Conditional Uses. All uses permitted in R-125 Zone District.
C. 
Permitted Accessory Uses. All uses permitted in R-125 Zone District.
D. 
Bulk Regulations. See Schedule B. Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-403.05 MDR Medium Density Residential District.

A. 
Permitted Principal Uses.
1. 
Planned Residential Developments subject to the conditions outlined in this section.
2. 
Single-family residences subject to the same restrictions as in the R-100 Zone District.
B. 
Planned Residential Developments.
1. 
Ownership. The tract of land for a project may be owned, leased or controlled by either a single person, corporation or by a group of individuals or corporations. An application must be filed by the owner or by the authorized agent of all property included in the project. In the case of multiple ownership, the approved plan shall be binding on all owners.
2. 
Fees. The fee for review, investigation, research and analysis of all stages of any Planned Residential Development shall be $20 per unit paid to the Township of Hazlet. Said fee shall be paid at the time of filing of the application for tentative approval.
3. 
Density and Development.
a. 
The minimum required and designated natural common open space shall be 15% of the total gross land areas of the Planned Residential Development. Common open space, with the approval of the Planning Board, may be apportioned or located to achieve the total minimum area necessary.
b. 
On any Planned Residential Development an additional minimum of 5% of the total gross area shall be utilized, designed and improved by the applicant for recreational facilities approved by the Planning Board.
c. 
Overall gross density for areas designated as Planned Residential Development shall not exceed eight dwelling units per gross acre.
d. 
The total number of dwelling units within the areas designated as Planned Residential Development shall be distributed in the following manner to provide a mixture and variation of housing types in fee simple ownership:
(i) 
Townhouses: zero to 50%.
(ii) 
Single family semi-detached: 40 to 100%.
(iii) 
Single family (R-100 lots): zero to 100%.
e. 
In any Planned Residential Development, architectural design for each type of housing unit shall be approved in accordance with a plan filed with the Planning Board of the Township of Hazlet. The Planning Board may require a variation of architectural design in accordance with those standards listed below. The intent of the Planning Board of the Township of Hazlet is to encourage innovative design and pleasing aesthetics.
80 units or less
2 designs
81-160 units
3 designs
161-320 units
4 designs
greater than 320 units
5 designs
An architectural design is defined as follows:
(i) 
Roof variations of heights to the ridge line shall occur for every grouping of two building structures with a minimum height variation between ridges of two feet.
(ii) 
A major alteration of the front elevation of the dwelling unit, basically by window treatment and door location inclusive of exterior building material, i.e., brick, siding, clapboard, wood, masonry or shingles or other acceptable American Institute of Architects approved materials.
(iii) 
The roofing design from hip, gable, mansard or gambrel or other acceptable approved AIA types.
It is the intention of these various design alternatives to promote a harmonious blend of architectural structures Planned Residential Development in keeping with the surrounding area.
f. 
Interior road pavements designed to serve the Planned Residential Development shall have a minimum width of 20 feet; collector roads shall have a minimum width of 24 feet, paved and curved in accordance with existing Township standards.
g. 
Sidewalks shall have a minimum width of four feet and may be located along only one side of the existing streets, connecting buildings, as well as connecting parking areas.
h. 
Any building or structure which cannot properly be served by emergency or service vehicles from a street or a road abutting the lot shall be made accessible to such vehicles by a paved driveway.
i. 
No accessory building or garage shall be located in the front yard area not closer than 10 feet to any lot line.
j. 
The minimum distance between buildings shall be:
front to front
50 feet
front to rear
50 feet
rear to rear
50 feet
side to side
30 feet
side to rear
30 feet
side to front
30 feet
The Planning Board may waive the above requirements if upon architectural and site plan review the proposed standards would be detrimental to a proper and reasonable location of the buildings thereof or the most attractive use of the land.
k. 
Each dwelling unit of any type shall have two means of egress and ingress.
l. 
For dwelling units in multi-family buildings two entrances and exits shall be provided by interior stairs, corridors or lobbies. No fire escape shall be permitted, and all exit doors from said buildings shall open outward.
m. 
In townhouse construction, a maximum of four dwelling units will be permitted in one continuous wall without breaks. A minimum of two feet offset or break in the front wall shall occur for every four continuous units. However, individual front walls of each unit may be offset or broken if so desired, to achieve esthetic composition. No single building composed of townhouse units shall exceed 12 dwelling units.
n. 
No more than four single family attached dwelling units shall comprise one related structure.
o. 
No outside equipment or area shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of the occupants of each building. Waste materials and garbage must be privately disposed of by a method approved by the Township Board of Health.
p. 
The minimum dwelling size for each living unit in townhouses, Senior Citizen Housing or Multi-Family units in terms of net square feet exclusive of common area shall be:
efficiencies
500 square feet
1 bedroom
700 square feet
2 bedroom
850 square feet
q. 
The maximum coverage of all buildings, inclusive of accessory buildings, storage buildings, garages, recreation buildings, retail or sales buildings, shall not exceed 30% of the total gross area.
r. 
All streets in the Planned Residential Development shall be privately owned and maintained. In order to protect the health, safety and welfare of the residents of the Planned Residential Development, as well as all other residents of Hazlet Township, the developer shall be obligated to agree at the time of the developer's agreement with the Township, that all fire, ambulance and other emergency vehicles and personnel shall provide services with the Planned Residential Development whenever the need arises. The developer's agreement shall also provide that the developer shall immediately comply with N.J.S.A. 39:5A-1 et seq. in order to allow the Police Department of the Township to patrol the private streets in the Planned Residential Development and to enforce N.J.S.A. Title 39 as to all existing motor vehicle laws.
s. 
All living units in the Planned Residential Development shall have the ability to receive cable television in the event it is available to the community.
t. 
Sewage treatment shall be provided for in a manner that complies with all current local, County and State ordinances, regulations and statutes. Ownership and maintenance of the sewage treatment facility shall be provided for by way of a developer's agreement acceptable to the Governing Body of the Township of Hazlet.
u. 
Parking shall be provided at the rate of two spaces for each dwelling unit. Visitor areas shall be designated within the Planned Residential Development for parking at the rate of 10% of the total parking spaces required by the number of units. All parking spaces shall measure 10 feet by 20 feet and be adequately striped.
v. 
The maximum height of any principal building shall be 35 feet. The maximum height of any accessory building shall be 16 feet.
w. 
Accessory Nonresidential Uses:
(i) 
Any retail, professional or commercial use compatible to Planned Residential Development that is designated or intended to primarily serve the residents of the Planned Residential Development provided the gross land area allocated to such use does not exceed 2% of the gross land area for commercial or retail use and 2% of the gross land area for professional use, and is so designated for such use on all plans submitted by the applicant for approval.
(ii) 
All buildings erected for nonresidential purposes shall be erected by the barrier-free method of construction.
(iii) 
Customary accessory or associated uses such as private garages, storage spaces, recreational and community facilities, utility buildings, houses of worship and schools shall also be permitted.

§ 181-403.06 BRZ - Builders Remedy Zone District.

A. 
Permitted Principal Uses.
1. 
Townhomes, which are defined in this district as a one family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one- or more vertical common fire-resistant walls and include individual garages and driveways serving each dwelling. Such townhome dwellings are designed and constructed as an integral development or complex, which utilizes such common facilities as pedestrian walks, parking and garage areas, open space and recreation areas, and sanitary systems.
2. 
Stacked Dwellings, which are defined in this district as dwellings which are separated from other dwellings along the ground plane by one or more vertical common fire-resistant walls, but which share that vertical space with one or more additional dwellings. Each individual dwelling shall have direct access at the ground level that is not shared with any other dwelling, and shall also be provided with interior access to an individual garage. Such stacked dwellings are designed and constructed as an integral development or complex, which utilizes such common facilities as pedestrian walks, parking and garage areas, open space and recreation areas, and sanitary systems.
B. 
Permitted Conditional Uses. All uses permitted in R-125 Zone District.
C. 
Permitted Accessory Uses.
1. 
All uses permitted in R-125 Zone District.
2. 
Common facilities, recreation, landscaping and other common elements that support the design and needs of the residents of the townhome community, but shall exclude private swimming pools on individual lots.
D. 
Development Standards.
1. 
Minimum tract size: four contiguous acres.
2. 
The total number of units on Block 66, Lot 1.02 shall be a total of 44, with six units being available for low to moderate income households in which the rental rates shall be in a manner consistent with the regulations of the Council on Affordable Housing at the time of site plan approval. Of the 38 market rate units, 19 are to be two-bedroom units and 19 are to be three-bedroom units. The bedroom distribution for the low to moderate income units will be at the determined by applicable COAH regulations. A maximum of two such dwellings may be provided without the provision of an individual garage.
[Ord. No. 1520-13]
3. 
Minimum open space. At least 25% of the tract shall remain in common open space and may include recreation uses, landscaped buffers and may be encumbered by below-ground utility easements which do not impede pedestrian access, and elements of stormwater management systems.
4. 
The maximum impervious cover of the gross area of the tract shall not exceed 60%.
5. 
The maximum coverage of all buildings, inclusive of accessory buildings, storage buildings, garages, and recreation buildings shall not exceed 45% of the total gross tract area.
6. 
All buildings must be setback a minimum of 25 feet from any tract boundary. The building setback may be reduced to not less than 10 feet in depth to accommodate irregularities in the shape of the lot within limited areas not abutting residentially zoned property.
7. 
The area within 20 feet of any tract boundary abutting a residential zoning district, excluding public rights of ways, shall be considered a buffer area which shall be free of any above ground accessory structure other than fencing, retaining walls, storm water drainage facilities and utilities and shall include landscaping as required under Section paragraphs F,10 and F,11 below. Where wetlands or other environmental restrictions would limit additional landscaping the plant materials otherwise required shall be relocated to appropriate locations to support the natural buffer. Tract boundaries abutting nonresidential zoning districts shall be protected with an eight foot high fence along all such property boundaries within 30 feet of any on-site dwelling.
E. 
Building Standards.
1. 
Each individual lot intended for development of a townhome or stacked dwelling shall provide the following minimum setbacks and lot area requirements. Use of the terms "lot" and "yard" do not mean that each such designated area must be created by subdivision. This requirement can be fulfilled through the designation of land areas within common ownership in condominium form as regulated by the Department of Community Affairs earmarked or designated for the use and enjoyment of each dwelling owner.
a. 
Front yard: minimum 20 feet.
b. 
Rear yard: minimum 20 feet.
c. 
Lot Area: minimum 1,800 square feet.
d. 
Lot/Building Width minimum: 20 feet.
e. 
Porches and decks may intrude into the defined front and rear yards by a maximum of 10 feet. No obstructions are permitted in the areas between sides of the buildings, except units with a side entry may be provided with porches that extend not more than six feet into the yard.
f. 
Balconies may intrude the rear yard by a maximum of eight feet.
g. 
No accessory building or structure shall be permitted in the front yard area of each dwelling and shall not be closer than 10 feet to any lot line except a shed no larger than eight feet by 10 feet or 80 square feet and with a maximum 10 feet height may be located no closer than two feet from the side and rear property line behind the principal structure.
2. 
Each building shall comply with the following standards:
Maximum number of dwellings per structure
20 dwellings
Minimum front to front building separation
70 feet
Minimum front to side building separation
60 feet
Front to rear building layout is a prohibited orientation.
Minimum side to side building separation
20 feet
Minimum side of building to curb line
15 feet
Maximum principal building height (see paragraph 4 below)
40 feet
Maximum habitable stories
3
Maximum height of accessory buildings
16 feet
Maximum Single Axis Building Length
250 feet
3. 
The Planning Board may reduce, or permit intrusions into, the above building separation requirements if upon architectural and site plan review the proposed standards would be detrimental to a proper and reasonable location of the buildings thereof or the most attractive use of the land and architectural design of the buildings.
4. 
Within this district, "building height" shall be measured from the average proposed building grade measured within six inches of the foundation wall at each corner of the overall building and at each wall location vertically separating dwelling units within the overall building to the midpoint between the eave and peak at each such location for peaked roofs and to the peak for all other roof types. In addition, for all building facades which face residentially zoned property abutting the subject tract that are not otherwise separated by other buildings or roadways, the average height as measured as described above at the corners of the building and at each wall location vertically separating dwelling units along that plane of the structure cannot exceed 35 feet.
5. 
A maximum of four dwelling units along the ground plane will be permitted in one continuous wall without an offset. A minimum of two feet offset or break in the front wall shall occur for every four continuous units. However, individual front walls of each unit may be offset or broken if so desired, to achieve aesthetic composition.
F. 
Improvement Standards.
1. 
All roads shall be paved and curbed in accordance with RSIS standards.
2. 
Interior road pavements designed to serve the development of a street section that provides for driveway openings on opposite sides of the road while prohibiting on street parking, shall have a minimum width of 28 feet.
3. 
Any building or structure which cannot properly be served by emergency or service vehicles from a street or a road abutting the lot shall be made accessible to such vehicles by a paved driveway.
4. 
All utilities including electric, telephone and cable TV lines, shall be placed underground.
5. 
Sidewalk requirements shall be designed in accordance with the following:
a. 
Sidewalks shall have a minimum width of four feet and shall be located: (1) along both sides of streets internal to the proposed development; (2) along public streets adjoining the tract, connecting to existing sidewalks or adjoining uses; and (3) connecting parking areas to building entrances.
b. 
Sidewalks shall be a minimum of six feet where adjacent to head-on parking.
6. 
All parking facilities shall be designed in accordance with the following:
a. 
Parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards. All parking spaces shall measure nine feet by 18 feet and be adequately striped.
b. 
No parking facility shall be located closer than six feet from the front lot line. There shall be no parking facilities in the required buffer area.
[Ord. No. 1520-13]
c. 
Landscaping shall be provided in parking areas at the rate of at least one tree for every six parking spaces. Each tree shall be at least 2 1/2 inches caliper. These plantings shall be immediately adjacent to the parking area.
d. 
Paving and curbing of all parking areas and driveways shall be in accordance with RSIS standards. All curbing shall be granite Belgium block. All common parking areas shall be lighted to provide a minimum of 0.2 footcandles and the total average illumination of 1.0 footcandles throughout the parking area. Such lighting shall be shielded in such a manner as to not create a hazard or nuisance to the adjoining properties or to the traveling public.
[Ord. No. 1520-13]
7. 
All dwellings units in the development shall have the ability to receive cable television in the event it is available to the community.
8. 
Sewage treatment shall be provided for in a manner that complies with all current local, County and State ordinances, regulations and statutes. Ownership and maintenance of the sewage treatment facilities shall be provided for by way of a developer's agreement acceptable to the Governing Body of the Township of Hazlet.
9. 
All drainage facilities and storm water detention systems shall meet the standards, specifications, and design criteria as set forth in Section 181-515 and Section 181-525 of this Ordinance and shall be subject to the approval of the Township Engineer.
10. 
Landscaping shall be provided in compliance with the following standards:
a. 
A landscaping plan prepared by a certified landscape architect shall be submitted with each subdivision or site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material, ground cover, and natural features. The plan shall show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction. A plant list and planting details shall be provided as well as a landscaped maintenance plan to be reviewed and approved by the Board Engineer.
b. 
All non-paved areas shall be suitably landscaped with trees, shrubs, grass, and other suitable materials.
c. 
Deciduous trees shall have at least a 2 1/2 inches caliper at planting and evergreen trees shall be at least six feet tall. Shrubs shall be at least two feet tall at planting.
11. 
Landscape Buffer Requirements:
a. 
A twenty-foot wide landscape buffer shall be provided along the perimeter of the tract abutting residential zoning districts, except where adjacent to public streets.
b. 
The buffer plantings shall provide a continuous screen along the property line. If the buffer includes existing growth of evergreen or deciduous trees, existing specimen trees and selected other trees and shrubbery shall remain and be supplemented by additional evergreen plantings approved by the Planning Board to provide the required landscape screen.
c. 
The buffer may be supplemented by a fence to provide screening. The fence is permitted to be a maximum height of eight feet around the perimeter of the site, with the exception of the area between the street and the front building line, then the fence shall be four feet in height and 50% open. This requirement shall supersede fencing requirements in Section 181-408.7 of the Development Review Ordinance.
[Ord. No. 1520-13]
d. 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds, tall grass and dead trees by the owner. Any fences and screen planting shall be maintained permanently, and material which does not survive one year or one growing season shall be replaced. All plantings which do not survive the first 12 months following certification shall be replaced by the builder/developer or homeowners' association at no cost to the Township within 60 days of written notification.
e. 
The base of all sides of a building shall be planted with foundation plantings consisting of evergreen and/or semi-evergreen shrubs and trees. Such plantings shall be a minimum of two feet high at time of planting and spaces an average of three feet on center. This foundation planting requirement shall not apply to the sides of buildings that are directly abutting a public right-of-way or where walkways abut the building. Supplemental plantings may be required at the discretion of the Board.
[Ord. No. 1520-13]
f. 
Street trees shall be installed on both sides of all public and private streets in accordance with an approved landscape plan. Trees shall be spaced evenly along the street in a location 10 feet behind the curbline at an interval no greater than 55 feet on center and no less than 35 feet on center.
[Ord. No. 1520-13]
g. 
A landscaped or otherwise appropriate delineation shall be provided on the driveways that serve more than one unit.
[Ord. No. 1520-13]
12. 
Recreation Requirements:
a. 
The site shall contain one play area that includes play equipment targeted at developmental needs of preschool children and provides sitting area for supervising parents. The area must include a minimum of 1,200 square feet.
b. 
The site shall contain at least one area for outdoor gathering in a separate location including benches, at least two tables with seating, a trash receptacle and a suitable, graded area for residents to bring grills or similar devices on a temporary basis.
13. 
Lighting:
a. 
Decorative lampposts shall be provided along all proposed street frontage at a maximum of 15 feet in height. LED lighting is preferred.
[Ord. No. 1520-13]
G. 
Other Requirements.
1. 
The landowner shall provide for the establishment of a homeowners' or similar organization for the ownership and maintenance of any common open space and such organization shall be established and regulated by all applicable standards and conditions of State statute, unless the Township will accept conveyance of open space to municipality.
2. 
Community identification signage may be provided by a monument sign, not to exceed 50 square feet in area on each side, inclusive of all elements. Materials shall include stone, wood (including simulated wood products), and other masonry products. The sign may not be internally illuminated.
3. 
All streets in the development shall be privately owned and maintained. In order to protect the health, safety and welfare of the residents of the planned development, as well as all other residents of Hazlet Township, the developer shall be obligated to agree at the time of the developer's agreement with the Township, that all fire, ambulance and other emergency vehicles and personnel shall provide services with the development whenever the need arises. The developer's agreement shall also provide that the developer shall immediately comply with N.J.S.A. 39:5A-1 et seq. in order to allow the Police Department of the Township to patrol the private streets and to enforce N.J.S.A. Title 39 as to all existing motor vehicle laws.
[Ord. No. 1467-09]
H. 
Architectural Design Standards.
1. 
Building wall offsets, including both projections and recesses, shall be provided along any building wall measuring greater than 55 feet in length in order to provide architectural interest and variety to the massing of the building and relieve the negative visual effect of a single, long wall.
2. 
The visible exposed front and sides of a building shall have an articulated base course and a cornice the base course shall be traditionally proportionate to the overall horizontal and vertical dimensions of a facade and shall align with either the kick plate or sill level of the first story. The cornice shall terminate the top of a building wall, may project out horizontally from the vertical building wall plane and shall be ornamented with moldings, brackets and other details that shall be appropriate to the architectural style of a building. Building courses shall be architecturally compatible with the style, materials, colors and details of the building.
[Ord. No. 1520-13]

§ 181-403.07 MHD Mobile Home District.

[Ord. No. 1467-09 renumbered this subsection]
A. 
Permitted Principal Uses. Mobile homes in mobile home parks subject to the conditions outlined in this section.
B. 
Permitted Accessory Uses. Same as in R-125 Zone District.
C. 
General Requirements.
1. 
Overall gross density for mobile home parks shall not exceed eight mobile homes per acre.
2. 
Each mobile home site shall be consistent with the provisions of the Uniform Construction Code.
3. 
Each mobile home park shall be graded and drained so that rain water will not stand in pools or puddles.
4. 
Each mobile home site shall be clearly designated and the mobile home park so arranged that all mobile homes shall face or abut on a driveway having a right-of-way of not less than 40 feet in width, giving easy access from all mobile homes to a public street. Driveways shall be surfaced and maintained in good condition, having proper drainage, shall be well lighted at night, and shall not be obstructed.
5. 
Every mobile home shall be furnished with an electric service outlet. Such outlets shall be equipped with an externally operated switch or fuse of not less than 30 amperes capacity, and a heavy duty outlet receptacle.
6. 
An adequate supply of pure water, furnished through a distribution system connected directly with a public utility water main shall be furnished for each mobile home for drinking and domestic purposes.
7. 
An abundant supply of hot water shall be provided at all times for bathing, washing, and laundry facilities.
8. 
All waste from showers, toilets, laundries, faucets and lavatories shall be disposed of into a sanitary sewer system.
9. 
Each faucet site shall be equipped with facilities for drainage of waste and excess water into a sewer. In no case shall any waste be thrown or discharged upon the surface of the ground or disposed of by means other than as herein provided.
10. 
Every mobile home shall have a substantially fly-tight metal garbage depository from which the contents shall be removed at least once a week.
11. 
There shall be maintained in convenient places hand fire extinguishers approved by the Board of Fire Chiefs in the ratio of one to each eight mobile homes.
12. 
Each mobile home shall have displayed prominently and facing the street, its lot or site number in reflective numerals at least five to six inches in height.
13. 
Signs shall be erected at all street corners designating the street and the numbers of the lots or sites contained along said street.
14. 
Rear exit doors from mobile homes shall be equipped with movable stairs to permit easy access in case of emergency and shall be kept free from obstructions.
15. 
Every mobile home shall be equipped with a heating system of the type and method of installation as shall meet the requirements of the provisions of any act of the New Jersey Legislature or regulations promulgated thereunder and pertaining to the type of heating systems and method of installation thereof in mobile homes.
16. 
No mobile home shall be located within 20 feet of any other, within five feet of any driveway or parking space, within 40 feet of any mobile park boundary that is not the right-of-way line of a street.
17. 
Adequate buffering, at least 20 feet in width, shall be located along all boundaries of each mobile home park, except when it is crossed by driveways.
18. 
Each mobile home shall be located on a lot having an area of at least 3,200 square feet, provided, however, that no motor vehicle shall be parked on any lot having an area of less than 4,000 square feet.
19. 
Each street and parking area in any mobile home park shall be bounded by a sidewalk at least three feet wide.
20. 
Minimum street paving widths in mobile home parks shall be as follows:
No parking on street
one-way - 14 feet; two-way - 20 feet
Parallel parking on one side
one-way - 20 feet; two-way - 30 feet
Parallel parking on both sides
one-way - 26 feet; two-way - 36 feet
21. 
No mobile home shall be occupied unless it is supported on masonry blocks or jacks, connected to utilities, and provided with skirting, from the bottom of the wall to the ground, made of aluminum or other durable material.
22. 
A zoning permit shall be required for all mobile homes with porches (open or closed) and/or with sheds. The signed written consent of the mobile home park owner shall be a requirement for all applications for such zoning permits together with a formal survey depicting the same.
23. 
A mobile home with an open porch shall be at least seven feet from another mobile home. A mobile home with a closed porch shall be at least 10 feet from any other mobile home. An open or closed porch must be at least five feet from any driveway or parking space.
24. 
Paver Patios shall be at least four feet from any other mobile home and at least five feet from any driveway or parking space.
[Ord. No. 1571-2015]
25. 
A shed shall be at least seven feet from any other mobile home. No shed shall be permitted to be in front of the mobile home. One shed per mobile home permitted with a maximum size of any shed limited to 100 square feet and shall not be higher than 12 feet at its highest point from grade level. A shed must be at least five feet from any driveway or parking space.
[Ord. No. 1571-2015]
26. 
The replacement of an existing mobile home shall be either the same size unit or if unavailable, the next commercially available size unit, unless the required twenty-foot setback is adhered to per Section 181-403.07C-16. All other sized mobile units in excess of the next commercially available size not meeting the twenty-foot setback shall require a variance from the Land Use Board.
[Ord. No. 1571-2015]
27. 
All complaints in respect to a nonconforming mobile home shall be made to the Construction Code Official.
[Ord. No. 1571-2015]

§ 181-403.08 SC-1 Senior Citizen Housing District.

[Ord. No. 1467-09 renumbered this subsection]
A. 
Permitted Principal Uses. A housing development with priority for senior citizens as the term is defined from time to time by the United States Department of Housing and Urban Development and/or the New Jersey Housing Finance Agency.
B. 
Development Standards.
1. 
Area and Yard Requirements.
a. 
Maximum density: 60 dwelling units per acre.
b. 
Minimum front yard setback: 50 feet.
c. 
Minimum side yard setback: 50 feet each.
d. 
Minimum rear yard setback: 50 feet.
e. 
Maximum building height: eight stories or 100 feet.
f. 
Minimum open space area: 20%.
g. 
Minimum outdoor recreation area: 5%.
h. 
Parking spaces per unit: 1.5.
i. 
Buffer zone to NJ State Highway 35: 20 feet.
j. 
Maximum building coverage: 20%.
2. 
Minimum gross floor area per dwelling unit (in square feet).
Efficiency
400 square feet
One-Bedroom
575 square feet
Management Unit (1 per development)
800 square feet
3. 
Additional standards and regulations.
a. 
All utilities provided shall be approved by local, County and State Agencies in accordance with a plan submitted and approved by the Township Engineer. Sanitary sewerage facilities shall be approved by the Hazlet Township Sewerage Authority and/or its successor entity.
b. 
All wiring for utilities shall be underground.
c. 
Curbs and sidewalks shall be required. The parking areas shall be connected by sidewalks to the principal building.
d. 
Barrier-free construction shall be utilized in accordance with State law.
e. 
All parking areas shall be paved, subject to the construction standards and supervision of the Township Engineer.
f. 
The Senior Citizen Housing Development landscaping shall be designed by a licensed landscape architect and constructed in accordance therewith. The Planning Board of Hazlet Township, upon review, may require additional landscaping and screening enhancing the character of the site as well as the areas surrounding the recreational sector. Shade trees of at least four-inch caliper shall be provided along roads, walkways and parking areas where activity and recreation may occur.
g. 
All lighting shall be of low intensity, directed away and down from the residential use of the property and located in accordance with a submitted lighting plan satisfactory to the Planning Board.
h. 
One freestanding identification sign shall be permitted, not exceeding 40 square feet in area.
C. 
Special Regulations.
1. 
There shall be a minimum of two elevators with cab handrails at a minimum height of two feet nine inches.
2. 
The front entrance shall be designed so that passengers can be discharged from cars under cover, provided, however, no canopy or similar structure shall be required over any adjoining driveway, roadway or street.
3. 
All units shall be provided with a smoke detector and an operating safety alarm system for each unit.
4. 
An emergency generator shall be installed under specifications satisfactory in writing to the Township by the New Jersey Housing Finance Agency.
5. 
Each unit shall be equipped with an air conditioning system, subject to the approval of the New Jersey Housing Finance Agency.
6. 
A master television antenna will be installed for the occupants of said building.
7. 
Bathtubs shall be at least five feet in length and have a minimum outside length of 30 inches. They shall be provided with adequate grab-bars and slip-resistant tub surfaces.
8. 
Grab-bars at the water closets are required.
9. 
Within the building adjacent to the central assembly room, a public toilet facility for men and women shall be provided.
10. 
Building construction shall be in conformity with all Federal, State, County and local regulations as to design, fireproofing and safety and as required by the Housing Finance Agency.
11. 
The heating system shall be capable of maintaining a temperature of 75° F. at a height of six inches from the floor.
12. 
All dwelling units should, insofar as practicable, be insulated from sources of excessive noise, both from within and without the building. Floors, except concrete floors six inches or more in thickness, shall be insulated and windows weather-stripped and either double-glazed or provided with storm sash.
PLEASE NOTE: BULK REQUIREMENTS ARE DIFFERENT FOR ASSISTED LIVING SEE SECTION 181-409.02

§ 181-403.09 SC-2 Senior Citizen Housing District.

[Ord. No. 1467-09 renumbered this subsection]
A. 
Permitted Principal Uses. Senior citizen housing for residents over 62 years of age.
B. 
Development Standards.
1. 
The total number of dwelling units shall not exceed 16 times the total acreage of the tract, subject to complying with the specifications below.
2. 
The horizontal spacing between dwelling unit buildings on the tract shall not be less than 15 feet.
3. 
Dwelling unit buildings shall not be closer than 10 feet to any internal street, drive or parking area curb line.
4. 
Dwelling unit buildings shall not be closer than 50 feet to any community building, recreation center or other such formally established area for group activities that may be established with the project.
5. 
Dwelling unit buildings shall not be longer than 120 feet on its longest rectangular dimensions and the facades of the buildings shall be designed to provide visual interest and/or variety.
6. 
No more than 12 dwelling units shall be permitted in any dwelling unit building.
7. 
No dwelling unit shall contain less than 400 square feet of gross floor area.
8. 
Each dwelling unit shall have a private (not shared in a common hall) ground floor entrance.
9. 
The off-street parking plan shall provide for a capacity of at least 1.5 parking spaces for each dwelling unit. All such spaces shall be conveniently located to the dwelling units to which they relate and shall measure at least 10 feet wide by 20 feet deep. The developer may propose initial construction of every off-street parking spaces but Township approval of such lesser initial construction shall not relieve the developer of his responsibility to construct additional spaces in the future, upon direction of the Township Committee, should it be determined that the actual occupancy of the project proves the developer's proposed initial construction inadequate. The developer shall post a three-year bond, or other security, covering the cost of such additional construction of off-street parking spaces (*difference between initial construction and the initial spaces shown on the parking plan) with the term commencing with the issuance of the certificate of occupancy for the first dwelling unit constructed.
10. 
Internal drives, roads and parking areas shall not be closer than five feet to any side or rear lot line and the area between such lot, lines and drives, roads and parking areas, shall be attractively landscaped with shrubs, trees, ground cover and live or man-made fence screening materials.
11. 
All internal roads, drives, parking areas, walkways and outdoor community assembly and recreation areas shall be appropriately dominated between the hours of sunset and sunrise.
12. 
Each senior citizen housing project shall have a community center recreation building of a size adequate to serve the needs of the anticipated residents.
13. 
All of the ground areas of the site not devoted to building and paved areas shall be attractively landscaped in accordance with a landscape plan prepared by a licensed landscape architect; said plan to be a part of the application of site plan review.
14. 
The developer shall file a written management plan with his application for site plan review. Among other things, the management plan shall set forth the manner in which the dwelling units shall be made available and offered to senior citizens on a preferential basis, giving priority to those senior citizens of Hazlet with those among this group that are the oldest and most distressed and in the event that all or the dwelling units cannot be rented to that group, however they shall be made available to the next oldest individuals in line and then to senior citizens of other communities and finally to the public without regard to age or circumstances if otherwise available for rent to the elderly. The Management plan shall also include tenants' rules and regulations, repair and maintenance schedules and a full description of all facets of the proposed development and the intended manner of its operation designed to achieve a development especially suited to be attractive for occupation by elderly persons.
15. 
A Senior Citizens Advisory Board shall be appointed by the Mayor for each Senior Citizen Project within 45 days following the date the developer files an application for site plan review. Each Senior Citizens Advisory Board shall consist of not less than three nor more than five members whose initial terms of appointment shall be staggered so that not more than one member's term shall expire in any one year. Successive appointments shall be for a number of years equal to the number of members on each such Board. Any vacancies shall be filled by appointment by the Mayor for the unexpired term. The Mayor shall make appointments to Senior Citizens Advisory Board from among senior citizens, clergy and businessmen of Advisory Board. The Senior Citizens Advisory Board for each development shall help the developer/sponsor enforce the management plan for making dwelling units available on the preferential bases as set forth in paragraph 14 above and may be called upon for advice or other matters related to operation and management of each project.

§ 181-403.10 PRD Planned Residential Development District.

[Ord. No. 1467-09 renumbered this subsection]
A. 
Permitted Uses. Permitted Principal Uses: townhouse dwellings, multi-family dwellings, patio homes and cluster single family residences.
B. 
Definitions.
CLUSTER SINGLE FAMILY UNITS
A detached dwelling for a single family incorporated as part of a planned residential development which shall include common areas for buffer zones, detention basins, or other design features required for the general benefit of the overall development. The cluster single family units shall be conveyed in fee simple, and the common elements shall be conveyed to a homeowner association or to the municipality in the event municipality will accept same.
MULTIPLE UNIT DWELLING
A building designed for, or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.
PATIO HOMES
A single family dwelling on a separate lot with open space setbacks on three sides with an open court or patio space. Patio homes may be located on a lot in such a manner that one or more of the dwelling's sides rest on a lot line; in which case they are known as zero lot line homes.
[Ordinance No. 1421-07 adopted 10-16-2007]
TOWNHOUSE DWELLING
A multiple dwelling building, characterized by individual dwelling units on individual lots, each unit consisting of a maximum of two habitable floors with a common fire wall between contiguous units. Such townhouse dwelling is designed and constructed as an integral development or complex, which utilizes such common facilities as pedestrian walks, parking and garage areas, open space and recreation areas, and sanitary systems.
C. 
Area and Bulk Requirement Schedule.
1. 
Maximum permitted gross density:
a. 
Seven (7.0) Dwelling Units shall be permitted per acre in the event that the tract shall be developed as either multi-unit dwellings and/or townhouse dwellings.
b. 
Five (5.0) Dwelling Units shall be permitted per acre in the event that the tract shall be developed as either patio homes or cluster single family dwellings.
c. 
All lands defined as a Drainage Right-of-Way as per Ordinance No. 201 shall not be includable in computing density. All lands defined as wetlands or flood plain outside the said Drainage Right-of-Way shall be permitted five (5.0) dwelling units/acre.
2. 
Frontage: Tract must have a minimum of 300-foot frontage on any collector, secondary or primary arterial roadway as designated on the Master Plan.
3. 
Setbacks for multi-family and townhouse developments shall be that the buildings must be set back a minimum of 40 feet from any property line. The minimum distance between any multi-family and/or townhouse buildings shall be:
Front to front
60 feet
Front to rear
60 feet
Rear to rear
60 feet
Side to side
30 feet
Side to rear
40 feet
Side to front
40 feet
The maximum coverage of all buildings, inclusive of accessory buildings, storage buildings, garages, community buildings, shall not exceed 25% of the total gross area of the tract.
4. 
Setback requirements for Patio Homes or Single Family Cluster Homes shall be as follows:
Minimum front yard
20 feet
Minimum rear yard
20 feet
Minimum side yard
5 feet
Minimum total side yard
15 feet
Minimum distance between buildings
15 feet
Minimum lot width (measured at setback line)
40 feet
Minimum lot depth
80 feet
Minimum lot area
3,200 square feet
Maximum coverage per lot 35% - building only, excluding driveway
5. 
Maximum percentage of total impervious cover of the total gross area of the tract shall not exceed 60%.
D. 
Architectural design.
1. 
The maximum height of any principal building shall be 35 feet or 2 1/2 stories.
2. 
Minimum floor area requirements for each permitted use within this zone is as follows:
1 bedroom:
900 square feet
2 bedroom:
1,100 square feet
3/4 bedroom:
1,400 square feet
3. 
Each multi-family building shall be provided with a mix of one and two bedroom units. The percentage of two bedroom units to the total number of dwelling units shall not exceed 80%.
4. 
Each townhouse building shall be provided with a mix of two and three bedroom units. The percentage of three bedroom units to the total number of dwelling units shall not exceed 40%.
5. 
Each Patio Home development shall be provided with a mix of two and three bedroom units. The percentage of three bedroom units to the total number of dwelling units shall not exceed 70%.
6. 
Each single family cluster home development shall be provided with a mix of three and four bedroom units. The percentage of four bedroom units shall not exceed 80%.
7. 
Each unit shall include a minimum of 200 cubic feet of outside storage space unless said unit is provided with a garage. If a garage is provided then it shall be sized to accommodate a vehicle as well as limited storage.
8. 
If the tract is developed as a multi-family, townhouse, patio home or cluster single family development, the architectural design for each type of housing unit shall be approved by the Planning Board. The Planning Board is to encourage innovative design and pleasing aesthetics.
[Ordinance No. 1421-07 adopted 10-16-2007]
a. 
There shall be a mix of townhouse, and multi-family units. A minimum of 25% of either townhouses or multi-family shall be provided.
b. 
No single townhouse or multi-family building shall exceed 12 units or 160 feet in length. However, the percentage of 12 unit buildings to the total number of buildings shall not exceed 80%.
c. 
All building types shall incorporate a minimum of four feet offset or break in the front wall, intended to mean not less than one break for each three dwelling units incorporated within the building.
d. 
If cluster single family or patio homes are developed, there will be a minimum of three different elevations provided.
E. 
Improvement Requirements.
1. 
Interior roads shall have a minimum width of 30 feet and shall be paved and curbed in accordance with Township roadway standards. Interior roads shall be considered site collector roads which have on street parking one side of the road only. All interior roads shall be deeded to the Township of Hazlet upon completion and acceptance.
2. 
Parking requirements: Parking shall be provided at the rate of two spaces for each dwelling unit. All parking spaces shall measure 10 feet by 18 feet. Garages, with adequate driveways, may be considered as equivalent of two parking spaces for the purpose of this provision. An additional five-tenths (0.5) spaces per dwelling unit must be provided for visitor parking.
3. 
Parking facilities for multi-family and townhouse developments shall be designed in accordance with the following:
a. 
There shall be an aisle width of 24 feet provided between parking stalls.
b. 
The minimum distance between a building and parking area shall be 20 feet.
c. 
For Townhouse, Multi-Family development, landscaping shall be provided in parking areas at the rate of at least one tree for every six parking spaces. Each tree shall be at least 2 1/2 caliper. These plantings shall be immediately adjacent to the parking area.
4. 
Parking facilities for patio homes and cluster single family units shall be designed in accordance with the following:
a. 
All units shall be designed with garages with adequate driveways to accommodate two motor vehicles.
b. 
All roads within the subdivision shall be of adequate width to accommodate on-street parking on not less than one side of the proposed roads.
5. 
All parking facilities regardless of use shall be designed in accordance with the following:
a. 
There shall be no parking facilities in the required buffer area, or within 25 feet of any property line.
b. 
Paving and curbing of all parking areas shall be in accordance with existing Township standards. All curbing shall be granite belgium block.
c. 
All common parking areas shall be lighted to provide a minimum of three footcandles at intersections and a total average illumination of 0.3 footcandles throughout the parking area. Such lighting shall be shielded in such a manner as not to create a hazard or nuisance to the adjoining properties or to the traveling public.
6. 
Sidewalk requirements shall be designed in accordance with the following:
a. 
For Townhouse, Multi-Family development, sidewalks shall be provided from common parking areas to buildings which they serve. Sidewalks shall be a minimum of six feet where adjacent to head-on parking.
b. 
Sidewalks shall be installed from building to building to provide a complete pedestrian circulation pattern throughout the site. All other sidewalks to meet requirements of Hazlet zoning ordinance.
c. 
All sidewalks shall be installed in accordance with requirements of the Development Review Ordinance of the Township of Hazlet. In the patio or cluster single family home developments, the Planning Board shall be entitled to review a waiver request, if made, for sidewalks to be developed on one side of the roadways only, taking into consideration but not limited to the desirability of limiting impervious surfaces within the aforesaid developments.
7. 
All drainage facilities and storm water detention systems shall meet the standards, specifications, and design criteria as set forth in Section 181-515 of this Ordinance and shall be subject to the approval of the Township Engineer.
8. 
A landscaping plan prepared by a certified landscape architect shall be submitted with each subdivision site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material, ground cover, and natural features. The plan shall show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction. A plant list and planting details shall be provided as well as a landscaped maintenance plan.
a. 
All non-paved areas shall be suitably landscaped with trees, shrubs, grass, and other suitable materials.
b. 
Deciduous trees shall have at least a 2 1/2 inch caliper at planting and evergreen trees shall be at least six feet tall. Shrubs shall be at least two feet tall at plantings.
F. 
Buffer Requirements.
1. 
Where a lot adjoins a railroad right-of-way, a twenty-five foot landscaped buffer area shall be provided. Where a lot adjoins a commercial or business zone, a ten-foot landscape buffer area shall be provided.
2. 
If the buffer area which abuts a commercial or business zone or use includes existing growth of evergreen or deciduous trees and shrubbery, but not enough to provide a suitable screen as required, existing specimen trees and selected other trees and shrubbery shall remain and be supplemented by additional evergreen plantings approved by the Planning Board to provide the required landscape screen.
3. 
The landscaped buffer area which abuts a railroad right-of-way shall consist of an earthen berm and plantings. Said berm shall be four feet high with a four-foot top width and two to one slopes. The top of the berm shall be planted with a single row of evergreens staggered planted five-foot to six-foot high and 10 feet on center. Also, deciduous trees shall be properly placed at the base of the berm in sufficient quantity to provide a solid screen over and above the evergreens.
4. 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds, tall grass and dead trees by the owner. Any fences and screen planting shall be maintained permanently, and material which does not survive one year or one growing season shall be replaced. All plantings which do not survive the first 12 months following certification shall be replaced by the builder/developer at no cost to the Township within 60 days of written notification.
G. 
Recreational/Community Facilities.
1. 
Common area recreational requirements shall be as follows:
a. 
If the tract is developed as multi-family and/or townhouse homes, the developer shall include either a swimming pool or community building. If a swimming pool is provided, it must be constructed in conformance with the standards of the New Jersey State Sanitary Code titled "Public Recreational Bathing," as adopted. This code will also designate size and/or number of pools required. This requirement shall not apply for tracts developed as patio homes or single family cluster homes.
b. 
If the tract is developed as a multi-family or townhouse development, it shall include a community building which shall include catering facilities, meeting room and game rooms. Said community building shall be sized sufficiently to accommodate the number of proposed units as per accepted standards, and as approved by the Planning Board. This requirement may be waived in the event that the developer elects to substitute a swimming pool as provided above. This requirement shall not apply for tracts developed as patio homes or single family cluster homes.
2. 
Garbage storage shall be provided as follows:
a. 
Adequate facilities shall be provided for the handling of garbage and other refuse by providing a solid structure enclosed on six sides.
b. 
Provisions within each structure shall allow for the separation of materials for recycling.
c. 
If garages are provided, the Planning Board shall waive the requirement for separate dumpster facilities.
H. 
Development Requirements.
1. 
All utilities including electric, telephone and cable TV lines, shall be placed underground.
2. 
The landowner shall provide for the establishment of a homeowners' or similar organization for the ownership and maintenance of any common open space, and such organization shall be established and regulated by all applicable standards and conditions of state statute, unless Township will accept conveyance of open space to municipality.
3. 
Streets in the PRD Zone shall be conveyed to the municipality upon completion of the streets and acceptance by the municipality.
4. 
Developments shall receive subdivision or site plan approval and shall have public or private central water supply and a central sanitary sewer system approved by appropriate State and local agencies.
5. 
Developments shall be bound to a unified architectural scheme. Adequate controls shall be established to prevent departures from the approved architectural scheme and all permissible variations, additions and modifications shall be clearly set forth in the architectural controls and reviewed by the Planning Board during the application for preliminary approval. All units shall be part of a homeowners association, which shall be charged with primary responsibility for maintaining the architectural controls.
6. 
The unified architectural scheme shall address architectural landscaping and amenity controls so that the overall project appearance is coordinated and interrelated. Items to be addressed shall include the color and exterior of materials of proposed buildings, fences, walls and other structures and proposed landscaping, including screening materials and foundation plantings.
7. 
To promote privacy, fences may be located along the front, side or rear lot lines, and walls may be located along the rear lot line and side lot line beyond the front yard. All fences and walls shall be compatibly designed in relation to all other fences and walls, but may be distinguished by such design features as color and materials.
8. 
Windows may be provided on the first and second story of dwelling units, provided that the windows along the side of adjoining units shall be offset and not opposing in order to promote privacy.
[Ordinance No. 1421-07 adopted 10-16-2007]

§ 181-403.11 PAC Planned Adult Community District.

[Ord. No. 1467-09 renumbered this subsection]
A. 
Permitted Uses. Townhouse dwellings, multifamily dwellings and patio homes for permanent residents with at least one member of the household being 45 years of age and over and meeting the criteria of the Federal Fair Housing Act, Public Law 100-430, as may be amended.
B. 
Area and Bulk Requirement Schedule.
1. 
Minimum tract size: 16 contiguous acres.
2. 
Maximum permitted gross density: nine dwelling units per acre. All lands defined as a Drainage Right-of-Way shall not be includable in computing density. All lands defined as wetlands or flood plain outside the said Drainage Right-of-Way shall be permitted 4.5 dwelling units/acre.
3. 
Frontage: Tract must have a minimum of 300-foot frontage on any collector, secondary or primary arterial roadway as designated on the Master Plan.
4. 
Setbacks: Buildings must be set back a minimum of 50 feet from any property line.
5. 
The minimum distance between buildings shall be:
Front to front
60 feet
Front to rear
60 feet
Rear to rear
60 feet
Side to side
30 feet
Side to rear
40 feet
Side to front
40 feet
6. 
The maximum height of any principal building shall be 35 feet or two stories.
7. 
The maximum coverage of all buildings, inclusive of accessory buildings, storage buildings, garages, community buildings, shall not exceed 25% of the total gross area of the tract.
8. 
Maximum percentage of total impervious cover of the total gross area of the tract shall not exceed 60%.
9. 
Minimum floor area requirements for each dwelling unit is as follows:
1 bedroom
900 square feet
2 bedroom
1,100 square feet
10. 
Each building shall be provided with a mix of one and two bedroom units. The percentage of two bedroom units to the total number of dwelling units shall not exceed 80%.
11. 
Each unit shall include a minimum of 200 cubic feet of outside storage space unless said unit is provided with a garage. If a garage is provided then it shall be sized to accommodate a vehicle as well as storage.
C. 
Improvement Requirements.
1. 
Interior roads shall have a minimum width of 28 feet and shall be paved and curbed in accordance with Township roadway standards. Interior roads shall be considered site collector roads that do not function as aisles for parking facilities.
2. 
Parking facilities shall be designed in accordance with the following:
a. 
Parking shall be provided at the rate of 2.25 spaces for each dwelling unit. Additional parking shall be provided at the recreation facility at the rate of one parking space per 10 residential units. All parking spaces shall measure 10 feet by 20 feet and be adequately striped. Garages, with adequate driveways, where provided may be considered as equivalent of 1.75 parking spaces for the purpose of this provision. An additional 0.5 space per dwelling unit must be provided for visitor parking.
b. 
There shall be no parking facilities in the required buffer area, or within 25 feet of any property line.
c. 
An aisle width of 24 feet shall be provided between parking stalls.
d. 
The minimum distance between a building and parking area shall be 20 feet.
e. 
Paving and curbing of all parking areas shall be in accordance with existing Township standards.
f. 
All parking areas shall be lighted to provide a minimum of three foot-candles at intersections and a total average illumination of 0.3 foot-candles throughout the parking area. Such lighting shall be shielded in such a manner as not to create a hazard of nuisance to the adjoining properties or to the traveling public.
g. 
Landscaping shall be provided in parking areas at the rate of at least one tree for every six parking spaces. Each tree shall be at least 2 1/2 inches caliper. These plantings shall be immediately adjacent to the parking area.
3. 
All curbing shall be granite Belgium block.
4. 
Sidewalks shall be provided from common parking areas to building that they serve. Sidewalks shall be a minimum of four feet in width, except a minimum of six feet where adjacent to head-on parking. Sidewalks shall be installed from building to building to provide a complete pedestrian circulation pattern throughout the site.
5. 
All drainage facilities and storm water detention systems shall meet the standards, specifications, and design criteria as set forth in Section 181-515 of this Ordinance and shall be subject to the approval of the Township Engineer.
6. 
A landscaping plan prepared by a certified landscape architect shall be submitted with each site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material, ground cover, and natural features. The plan shall show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction. A plant list and planting details shall be provided as well as a landscaped maintenance plan.
a. 
All non-paved areas shall be suitably landscaped with trees, shrubs, grass, and other suitable landscaping materials.
b. 
Landscaped areas shall be provided with automatic underground sprinkler system.
c. 
Particular attention should be provided to watering landscaped berm areas.
d. 
Deciduous trees shall have at least a 2 1/2 inches caliper at planting and evergreen trees shall be at least six feet tall. Shrubs shall be at least two feet tall at planting.
7. 
Where a lot adjoins a railroad right-of-way, an existing commercial or business zone or use, a twenty-five-foot landscaped buffer area shall be provided. If the buffer area which abuts a commercial or business zone or use includes existing growth of evergreen or deciduous trees and shrubbery, but not enough to provide a suitable screen as required, existing specimen trees and selected other trees and shrubbery shall remain and be supplemented by additional evergreen plantings approved by the Planning Board to provide the required landscape screen. The landscaped buffer area that abuts a railroad right-of-way shall consist of an earthen berm and plantings. Said berm shall be four feet high with an eight-foot top width and two to one slopes. The top of the berm shall be planted with a double row of evergreens staggered planted, six feet to eight feet high and 10 feet on center. Also, deciduous trees shall be properly placed at the base of the berm in sufficient quantity to provide a solid screen over and above the evergreens. Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds, tall grass and dead trees by the owner. Any fences and screen planting shall be maintained permanently, and material that does not survive one year or one growing season shall be replaced. All plantings that do not survive the first 12 months following certification shall be replaced by the builder/developer at no cost to the Township within 60 days of notification.
8. 
A minimum of percent of the total net tract area shall be utilized, designed and improved by the applicant for recreational facilities. Swimming pool or pools may be provided and if provided, must be constructed in conformance with the standards of the New Jersey State Sanitary Code titled "Public recreational Bathing," as adopted. This code will also designate size and/or number of pools required. Community building shall be provided and shall include catering facilities, meeting room and game rooms. Said community building shall be sized sufficiently to accommodate the number of proposed units as per accepted standards; and as approved by the Planning Board.
9. 
Adequate facilities shall be provided for the handling of garbage and other refuse by providing a solid structure enclosed on six-sides. Provisions within each structure shall allow for the separation of materials for recycling. If garages are provided the Planning Board may waive the requirement for separate dumpster facilities.
10. 
Architectural design for each type of housing unit shall be approved by the Planning Board. The Planning Board will require a variation of architectural design. The intent of the Planning Board is to encourage innovative design and pleasing aesthetics.
a. 
There shall be a mix of townhouse, and multi-family or patio home units. A minimum of 25% of either townhouses or multi-family and patio homes shall be provided.
b. 
No single building shall exceed 12 units or 160 feet in length. However, the percentage of 12 unit buildings to the total number of buildings shall not exceed 80%.
c. 
All building types shall incorporate a minimum of four feet offset or break in the front wall.
11. 
All utilities including electric, telephone and cable TV lines, shall be placed underground.
12. 
No outside equipment or area shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each dwelling unit for the laundering and artificial drying of laundry of the occupants of each dwelling unit.
13. 
All streets in the PAC shall be privately owned and maintained. In order to protect the health, safety and welfare of the residents of the PAC, as well as all other residents of Hazlet Township, the developer shall be obligated to agree at the time of the developer's agreement with the Township, that all fire, ambulance and other emergency vehicles and personnel shall provide services within the PAC whenever the need arises. The developer's agreement shall also provide that the developer shall immediately comply with N.J.S.A. 39:5A-1 et seq. in order to allow the Police Department of the Township to patrol the private streets in the PAC and to enforce N.J.S.A. title 39 as to all existing motor vehicle laws.
14. 
The landowner shall provide for the establishment of a homeowners' or similar organization for the ownership and maintenance of any common open space, and such organization shall be established and regulated by all applicable standards and conditions of state statute.
D. 
Additional Development Standards.
1. 
Developments shall receive subdivision or site plan approval and shall have public or private central water supply and a central sanitary sewer system approved by appropriate state and local agencies.
2. 
Developments shall be bound to a unified architectural scheme. Adequate controls shall be established to prevent departures from the approved architectural scheme and all permissible variations, additions and modifications shall be clearly set forth in the architectural controls and reviewed by the Planning Board during the application for preliminary approval. All units shall be part of a homeowners association, which shall be charged with primary responsibility for maintaining the architectural controls.
3. 
The unified architectural scheme shall address architectural landscaping and amenity controls so that the overall project appearance is coordinated and interrelated. Items to be addressed shall include the color and exterior of materials of proposed buildings, fences, walls and other structures and proposed landscaping including screening materials and foundation plantings.
4. 
To promote privacy, fences may be located along the front, side or rear lot lines, and walls may be located along the rear lot line and side lot line beyond the front yard. All fences and walls shall be compatibly designed in relation to other fences and walls but may be distinguished by such design features as color and materials.
5. 
Windows may be provided on the first and second story of dwelling units, provided that the windows along the sides of adjoining units shall be offset and not opposing in order to promote privacy.
[Ord. No. 1421-07 adopted 10-16-2007]

§ 181-403.12 AH-1 Zone.

[Added 3-5-2019 by Ord. No. 1636-19; amended 6-18-2019 by Ord. No. 1646-19]
A. 
Purpose.
1. 
The purpose of the AH-1 zone is to provide for the construction of an inclusionary residential development consistent with the provisions of the Township's Settlement Agreement dated November 29, 2018 and subject to the provisions of UHAC.[1]
[1]
Editor's Note: Uniform Housing Affordability Controls.
2. 
The AH-1 zone is intended to promote the following purposes of the Municipal Land Use Law at N.J.S.A. 40:55D-2:
a. 
To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;
b. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment; and
c. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens.
3. 
The AH-1 zone is further intended to provide realistic affordable housing opportunities for low and moderate income households and to address a portion of the Township's constitutional obligation to provide such opportunities under the Mount Laurel doctrine established by the Supreme Court of the State of New Jersey.
B. 
Zoning map revisions. The zoning map of the Township shall be revised to include Block 68.13, Lot 26 in the AH-1 zone (the "tract"). The tract is located at 910 Route 36 in Hazlet, at the intersection of Route 36 and Aumack Lane, at the terminus of Hemlock Street, and formerly used as a grammar school by The Church of the Holy Family. To effectuate the Settlement Agreement, the zoning map shall also be revised to include Block 69.01, Lot 8 in the R-70 zone (the "dedicated property"). The dedicated property is a vacant parcel across Aumack Lane, at the intersection of Aumack Lane and Hemlock Street, abutting a jug handle off of Route 36. The terms of this ordinance shall only apply to the tract, unless otherwise specifically noted.
C. 
Concept Plan. The tract shall be developed in general accordance with the concept plan, dated October 30, 2018, prepared by Joseph D. Hanrahan, PE, and attached hereto,[2] and previously attached to the Settlement Agreement. In the event of any substantial inconsistencies between the terms of this ordinance and the concept plan, the concept plan shall control. Landscape berms shall be a minimum of three feet in height, and shall be planted with six-foot-high, four season landscaping.
[2]
Editor's Note: The Concept Plan may be found in the Township offices.
D. 
Maximum Residential Density. The tract may be developed with no more than 172 residential units. There shall be no more than 146 market rate units. The affordable housing set aside shall be 15% and 26 affordable rental units shall be provided.
E. 
Bedroom Distribution.
1. 
At least 53% of all market units shall be one-bedroom units. No more than 47% of the market units shall be two-bedroom units. No market units shall have three or more bedrooms.
2. 
A maximum of 20% of all affordable units shall be one-bedroom units. A minimum of 20% of all affordable units shall be three-bedroom units.
F. 
Income Distribution. Affordable units shall be subject to the provisions of UHAC, in addition a minimum of 13% of all affordable units shall be available to very-low-income households. All affordable units shall be subject to thirty-year affordability controls.
G. 
Design Standard Modifications. The development shall be subject to the design standards set forth in the Township's Land Development ordinance, but shall not be subject to the design standards in Sections 181-502C, G, and H. The following modifications shall apply:
1. 
Landscape berms shall not be required in wetlands areas in riparian areas or in required buffers associated with wetlands and riparian areas.
2. 
Landscaping shall not be required in parking areas.
3. 
Trash enclosures, parking areas, driveways and utilities may be located in front yard areas.
4. 
Sidewalks and driveways may be located within required setbacks.
5. 
Lighting fixture height shall be limited to 20 feet.
6. 
Driveways shall be permitted at a width of 20 feet.
7. 
Observation wells and groundwater table impact assessments shall not be required.
H. 
Additional Provisions.
1. 
Encroachments from existing adjacent development on Tara Lin Drive may remain.
2. 
The dedicated property shall be dedicated to the Township as a condition of any development approvals, with a deed of dedication being delivered to the Township prior to the issuance of any construction or site development permits. As a condition of any approvals, the developer of the tract shall provide a sanitary sewer tie-in within a public street to allow gravity flow from the dedicated property.
3. 
The tract shall be subject to the floodplain regulations of N.J.D.E.P. and CAFRA.
4. 
The local floodplain ordinance shall not apply.
5. 
Where local standards conflict with federal regulations promulgated pursuant to the American with Disabilities Act, 42 U.S.C. § 12101, et seq. (ADA), the regulations promulgated pursuant to the ADA shall control.
6. 
Public/private roads shall not be located closer than six feet to any residential district.
I. 
Schedule of Use and Bulk Requirements.
Township of Hazlet - AH-1 Zone
Permitted Principal Use: Inclusionary Multi-Family Rental Housing
Permitted Accessory Use: Clubhouse, Garages, Sheds, Signage, Swimming Pool, Trash Enclosures, Fences, Walls, Parking
Maximum Unit Yield and Affordable Requirements
AH-1 Zone Requirement
Total Unit Yield
172
Affordable Unit Yield
26
Lot Requirements
Minimum Lot Area (Acres)
10
Minimum Lot Width (Feet)
400
Minimum Lot Frontage (Feet)
360
Minimum Lot Depth (Feet)
750
Maximum Building Coverage
12%
Maximum Impervious Coverage
36%
Principal Building Requirements
Minimum Front Yard Setback (Feet)
50
Minimum Rear Yard Setback (Feet)
100
Minimum Side Yard Setback (Feet)
100
Maximum Building Height (Feet) (1)
45.5
Maximum Building Height (Stories) (1)
3
Maximum Building Length (Feet)
220
Minimum Principal Building Setback to any single-family zone or use (feet)
100
(1) If any portion of a building is within 150 feet of a single-family zone or use, not including Block 69.01, Lot 8, then that building height shall be limited to two stories and 36 feet.
Accessory Building Requirements - Club House
Minimum Distance from Principal Building
44
Minimum Front Yard Setback (Feet)
50
Minimum Rear Yard Setback (Feet)
100
Minimum Side Yard Setback (Feet)
100
Maximum Building Height (Feet)
30
Minimum Building Distance Requirements
Side Wall to Side Wall at Midpoint (Feet)
50
Side Wall to Front or Rear Wall at Midpoint (Feet)
35
Front Wall to Front Wall at Midpoint (Feet)
95
Distance Between Principal Building and Access Driveway or Internal Driveway Curbline (Feet)
10
Distance Between Principal Building and Parking Area Curbline (Feet)
15
Distance Between Accessory Building and Access Driveway or Internal Driveway Curbline (Feet)
15
Minimum Buffer Area Requirements
Front Yard Parking Area Setback (Feet)
15
Buffer Adjacent to Single-Family Dwelling Unit or Single-Family Residential Zoning District (Feet)
80 feet
Maximum Fence Height Within the Buffer
6
Site Entry Drives Allowed Within Buffer
Yes
Monument Sign Allowed Within Buffer
Yes
Open Space Requirements
Minimum Percentage of Common and Natural Open Space
15%
Parking Requirements
Club House- 1 Space for Each 200 Sq. Ft. of Gross Floor Area (2,900 sq. ft.)
15
Minimum Parking Space Size
9 ft. x 18 ft.
Minimum Drive Aisle Width
24 ft.
Minimum Side Yard and Rear Yard Parking Setback (feet)
80
Monument Sign Requirements
Maximum Number of Signs
2
Maximum Sign Height (Feet)
6
Maximum Sign Size (Sq. Ft.)
48
Minimum Distance to Street Right of Way (Feet)
10
Minimum Distance to a Property Line (Feet)
10
J. 
The following sections of the Development Review Ordinance shall be amended as follows[3]:
1. 
Section 181-408.10 — 20 feet mounting height permitted.
2. 
Section 181-412 — Not applicable to this tract.
3. 
Section 181-505B4 — 20 feet driveway width permitted.
4. 
Section 181-507I6 — Not applicable to this tract.
5. 
Sections 181-509H6, 7, 8 and 9 — Amended to allow:
a. 
Max mounting height 20 feet.
b. 
Illumination standards:
(i) 
Parking areas:
(a) 
Min. Average: 1.0 foot candles.
(b) 
Max: five foot candles.
(c) 
Min: 0.5 foot candles.
(ii) 
Walkway areas:
(a) 
Min. Average: 1.1 foot candles.
(b) 
Max.: three foot candles.
(c) 
Min: 0.2 foot candles.
6. 
Section 181-512B2 — Parking in a front yard setback is permitted. Driveways and utility infrastructure in the front yard setback is permitted.
7. 
Section 181-512B8(f) and (g) — Not applicable to this tract.
8. 
Section 181-519B1 — Not applicable to this tract.
9. 
Section 181-519B4 — Not applicable to this tract.
10. 
Section 181-526C — Not applicable to this tract.
11. 
Section 181-502C — Not applicable to this tract.
12. 
Section 181-502G — Not applicable to this tract.
13. 
Section 181-502H — Not applicable to this tract.
[3]
Editor's Note: As applicable to the tract in this ordinance.

§ 181-404.01 B-N (1) Business Neighborhood District.

A. 
Purpose. The B-N (1) Zone District intends to serve the needs of specific surrounding residential neighborhoods by providing for retail sale and service uses. The need to complement and preserve the character of the surrounding residential neighborhoods is paramount.
B. 
Permitted Uses.
1. 
Bank.
2. 
Child care center.
3. 
Community center'.
4. 
Family day care.
5. 
Funeral home.
6. 
Garden center/nursery.
7. 
Instruction of art, music, dance or martial arts.
8. 
Municipal offices.
9. 
Parks and playgrounds.
10. 
Business and Professional offices.
[Ord. No. 1612-2017]
a. 
Lawyer's Office.
b. 
Doctor's Office.
c. 
Dentist's Office.
d. 
Accountant's Office.
11. 
Recreational facility.
12. 
Restaurant.
13. 
Retail Sales and Services.
[Ord. No. 1612-2017]
a. 
Pharmacy.
b. 
Bakeshop.
c. 
Barber or Beauty Shop.
d. 
Snack Shop (Sweet Shop).
e. 
Gift Shop.
f. 
Book Store.
g. 
Income Tax Service Office.
h. 
Clothing and Necessaries Shop.
C. 
Conditional use. Public Utility Facility.
D. 
Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use.
2. 
Outdoor dining facility.
3. 
Surface level parking areas.
E. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter..

§ 181-404.02 B-N(2) Business Neighborhood District.

A. 
Purpose. The B-N (2) Zone District permits neighborhood shopping centers that include at least four or more uses permitted in the B-N (1) zone within a planned integrated development, as well as free standing independent uses permitted in the B-N (1) Zone.
B. 
Permitted Uses.
1. 
Bank.
2. 
Child Care Center.
3. 
Community Center.
4. 
Computer Training Center.
5. 
Family Day Care.
6. 
Funeral Home.
7. 
Garden center/nursery.
8. 
Instruction of art, music, dance or martial arts.
9. 
Municipal offices.
10. 
Parks and playgrounds.
11. 
Professional Office.
12. 
Restaurant.
13. 
Retail sales and Personal services rendered.
C. 
Conditional Uses. Public Utility Facility.
D. 
Accessory Uses.
1. 
Uses customarily and incidental and accessory to the principal permitted use.
2. 
Surface level and structured parking areas.
E. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-404.03 B-H Business Highway District.

A. 
Purpose. The B-H Zone District seeks to accommodate business uses that primarily serve highway traffic.
B. 
Permitted Uses.
1. 
Automobile Dealerships, except Automobile Service Stations and Used Automobile Dealerships.
[Ordinance No. 1421-07 adopted 10-16-2007][1]
[1]
Editor’s Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.
2. 
Bank.
3. 
Child care center.
4. 
Community center.
5. 
Computer training facility.
6. 
Family day care.
7. 
Garden center/nursery.
8. 
Health and fitness club.
9. 
Hotels.
10. 
Hotels, extended stay lodging facilities.
11. 
Professional offices.
12. 
Restaurant.
13. 
Restaurant, fast-food.
[Ord. No. 1612-2017]
14. 
Retail sales and services.
[Ord. No. 1612-2017]
15. 
Theater, motion-picture
[Ord. No. 1612-2017]
16. 
Office buildings
[Ord. No. 1612-2017]
17. 
Self-storage facility.
[Ord. No. 1612-2017]
18. 
Medical uses.
[Ord. No. 1612-2017]
19. 
Assisted living facilities.
[Ord. No. 1612-2017]
C. 
Conditional Uses.
1. 
Propane Gas.
a. 
The placement of 20 pound cylinder exchange cabinets for propane gas shall be governed by the following criteria:
(i) 
Proposed locations must customarily have an outdoor attendant in conjunction with the principal use.
(ii) 
Storage unit shall be limited in size to contain 18 units maximum.
(iii) 
Unit must be located in a previously designated pedestrian walkway or landscaped area as the unit may not encroach on any parking or loading area. Any features lost as a result of the units placement shall be replaced.
(iv) 
Unit shall be located on the sides or front facades of the principal building.
(v) 
Any unit meeting all of the above criteria listed in paragraphs (i) through (iv) above may be approved at the discretion of the Zoning Officer.
(vi) 
Any unit not meeting all of the above shall require site plan review before the Planning Board.
b. 
Construction Standards shall be as follows:
(i) 
Storage cabinets, dispensing devices and other equipment shall meet all applicable Federal, State and Local safety regulations and requirements.
(ii) 
All tanks, cabinets and equipment shall be screened by a means approved by the Zoning Officer of the Township of Hazlet.
(iii) 
Bollards shall be installed to protect cabinets, tanks and equipment from vehicular impact.
(iv) 
Cabinets shall be anchored to prevent displacement by natural forces.
(v) 
Tanks shall be protected from overexposure to heat and sunlight. Protection shall be required to meet conditions of a screening approved by the Zoning Officer of the Township of Hazlet.
c. 
Application and Licensing:
(i) 
By virtue of application to the Zoning Officer of the Township of Hazlet for registration/licensing for distribution, the applicant certifies that the premises from which cylinders will be received and distributed has insurance and that training of those persons involved with handling and distribution to the public shall be the responsibility of the supplier.
(ii) 
Following approval of the application, the license shall be issued by the Zoning Officer of the Township of Hazlet. Licenses shall expire annually on June 30th. No license shall be granted except upon payment of a license fee at the annual rate of $100.
2. 
Automobile fueling stations.
[Ord. No. 1612-2017]
a. 
In this zone, automobile service stations must include a convenience retail use component.
D. 
Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use.
2. 
Outdoor dining facility.
3. 
Surface level parking areas.
E. 
Bulk Regulations. See Schedule B, Bulk Regulations.[2]
[2]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-404.04 BP-1 Business Professional District.

A. 
Purpose. The BP-1 Zone District seeks to provide for business and professional office uses.
B. 
Permitted Uses.
1. 
Bank.
2. 
Child care center.
3. 
Community center.
4. 
Computer training facility.
5. 
Municipal offices.
6. 
Professional offices.
a. 
Lawyer's Office.
b. 
Doctor's Office.
c. 
Dentist's Office.
d. 
Accountant's Office.
7. 
Research laboratory.
8. 
Funeral Home.
C. 
Conditional Uses. Public Utility Facility.
D. 
Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use.
2. 
Surface level parking areas.
E. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.
F. 
Special Requirements. The following special requirement shall govern the following uses, including accessory uses for townhouse and/or condominium projects developed under this subsection: Sheds shall be no larger than eight feet by 10 feet with a maximum height of 10 feet. No shed shall be installed in such a manner that it overhangs or any portion of the shed extends across the property line. Fencing shall not exceed six feet in height. Decks are permitted to be constructed, provided they are located only on ground level.

§ 181-404.05 BP-2 Business Professional District.

A. 
Purpose. The BP2 Zone District seeks to provide for business and professional office uses.
B. 
Permitted Uses.
1. 
Bank.
2. 
Child Care Center.
3. 
Community Center.
4. 
Computer Training Facility.
5. 
Municipal offices.
6. 
Professional offices.
a. 
Lawyer's Office.
b. 
Doctor's Office.
c. 
Dentist's Office.
d. 
Accountant's Office.
7. 
Research laboratory.
8. 
Funeral Home.
C. 
Conditional Uses. Public Utility Facility
D. 
Accessory Uses.
1. 
Uses customarily and incidental and accessory to the principal permitted use.
2. 
Surface level parking areas
E. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-404.06 BP-3 Business Professional District.

A. 
Purpose. The BP-3 Zone District seeks to provide for business and professional office uses.
B. 
Permitted Uses.
1. 
Bank.
2. 
Child care center.
3. 
Community center.
4. 
Computer training facility.
5. 
Municipal offices.
6. 
Professional offices.
a. 
Lawyer's Office.
b. 
Doctor's Office.
c. 
Dentist's Office.
d. 
Accountant's Office.
7. 
Research laboratory.
C. 
Conditional Uses.
1. 
Public Utility Facility.
2. 
Adult entertainment uses, subject to the conditions outlined in Section 181-409.01.
D. 
Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use.
2. 
Surface level parking areas.
E. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-404.07 I-A and I-A-I Industrial Assembly District.

A. 
Purpose. The I-A and I-A-I Zone District seeks to provide for light industrial and warehousing uses.
B. 
Permitted Uses. No retail permitted.
1. 
Automotive body repair and painting.
2. 
Billboard.
3. 
Light industry: light manufacturing operations such as but not limited to the assembly, fabrication, compounding, processing of packaging small machinery, metal, wood, paper or chemical products; food goods and associated products; gems; pharmaceuticals; fabrics and threads; clothing; ceramics; leather goods except curing, tanning and finishing of hides; and photographic products.
4. 
Offices including computer facilities either free standing or associated with other permitted uses.
5. 
Public utility facility.
6. 
Research or Product development laboratories.
7. 
Self-storage facility.
8. 
Dry Cleaning and Laundry Plants.
9. 
Warehouses and trucking operations directly associated with other permitted uses.
10. 
Transportation equipment storage and maintenance facilities.
11. 
Planned Industrial/Office/Commercial Parks (I.O.C. Parks), providing for the integrated development of facilities to house and serve five or more independent uses permitted in the I-A Zone subject to the required conditions of Section 181-404.07C below.
C. 
Required Conditions for I.O.C. Parks.
1. 
Permitted uses shall include only those permitted in the IA and IA-I Zones.
2. 
The planned development provides for initial construction to house five or more permitted uses on separate lots (leased lots or officially subdivided lots) within the development.
3. 
A single building may be subdivided for occupancy by more than one tenant.
4. 
All required parking shall be provided on the individual lots created; common parking areas shall not be permitted except in connection with Section 181-408.14.
5. 
All roads and paved areas, utility systems, and other such features of land development shall meet the standards prescribed by this Ordinance or by other applicable ordinances and codes of Hazlet Township and shall be inspected and approved by the Township Engineer.
6. 
The maintenance and operation of the roads, utilities and other common areas or facilities shall be by the developer/owner or through what is customarily termed a mandatory condominium association.
7. 
All plans for the development shall generally conform to the preliminary plan requirements of the subdivision ordinance in addition to the requirements for site plan established by ordinance.
D. 
Conditional Uses.
1. 
Wireless Telecommunications Facility subject to conditions outlined in Section 181-409.09 of this Ordinance.
2. 
Adult Entertainment uses, permitted in the I-A-I district only (not the IA) subject to Section 181-409.01.
E. 
Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use.
2. 
Garage and other enclosed storage space necessary to store any vehicles or mobile equipment on the premises.
3. 
Storage of materials and finished products incident to the permitted uses provided such storage is in an enclosed building. Storage and distribution of goods, products and merchandise incident to the business of the principal user of the premises, provided that all storage and distribution be in and from an enclosed building, and that the storage and distribution does not violate any of the standards set forth in this Ordinance.
F. 
Signs. See Section 181-410.
G. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.
H. 
Other Provisions. All uses in the I-A and I-A-I district shall comply with the performance standards in Section 181-402.

§ 181-404.08 I-M Industrial Marine District.

A. 
Purpose. The I-M Zone District intends service business uses oriented to marine activities.
B. 
Permitted Uses.
1. 
Boatyard.
2. 
Marina; public and private boating clubs.
3. 
Marina related sales and service.
4. 
Restaurants.
C. 
Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use.
2. 
Outdoor dining facility.
3. 
Surface level parking areas.
D. 
Bulk Regulations. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-404.09 CD Commercial District.

A. 
Purpose. The purpose of the Commercial District is to encourage coordinating commercial development along Highway 35, to reduce the number of curb cuts onto that highway, and to provide commercial developments which complement one another and give the appearance of being an integrated development, even if the developments are not in common ownership and are developed by separate entities.
B. 
Permitted Uses.
1. 
Retail sales and service uses.
2. 
Office buildings for business, professional executive and administrative purposes.
3. 
Restaurants.
4. 
Restaurant, Fast Food.
[Ord. No. 1612-2017]
5. 
Movie Theatre (Maximum gross floor area of the movie theatre is to be no greater than 30% of total gross floor area, as defined in Section 181-201 of the Development Review Ordinance, for the lot or lots that are being developed as part of an individual site plan application with a maximum seating capacity no greater than 3,000.
[Ord. No. 1612-2017]
6. 
Automobile fueling station.
[Ord. No. 1612-2017]
C. 
Conditional uses.
1. 
Public utility uses.
D. 
Prohibited Uses.
1. 
Public Warehousing.
2. 
Self-Storage Facilities.
3. 
Common and Private Carrier Trucking Terminals.
4. 
Scientific and Research Laboratories.
E. 
Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use.
2. 
Garage space for the storage of commercial vehicles used in conjunction with a permitted principal use.
3. 
Surface level parking areas.
F. 
Bulk Regulations.
1. 
Minimum lot area: 10 acres.
2. 
Minimum lot width and frontage: 400 feet.
3. 
Minimum lot depth: 800 feet.
4. 
Minimum building setbacks:
a. 
From a public street: 100 feet.
b. 
From other property line: 50 feet.
c. 
From any residential zone district line: 125 feet with a maximum building height of 25 feet; 175 feet with a maximum building height of 25-30 feet.
d. 
Maximum building height: 30 feet or two stories no higher than 30 feet.
e. 
Maximum building coverage: 25% retail, 30% office.
f. 
Maximum impervious lot coverage: 75%.
5. 
Garage space for the storage of commercial vehicles used in conjunction with a permitted principal use.
G. 
Off-Street Parking and Loading. The following is a supplement to the off-street parking and loading:
1. 
Off-street parking spaces shall be a minimum of 10 feet by 20 feet.
2. 
Off-street loading spaces shall be at least 12 feet wide with at least 15 feet overhead clearance. The length of the loading berth shall be at least 60 feet not including aisle area.
3. 
Landscaping in parking and loading areas shall be shown on the site plan at the rate of at least one tree for every 10 parking spaces. Each shade tree shall be at least two inches caliper and shall be of a type permitted in the Development Review Ordinance or approved by the Township Engineer. All areas between the parking area and the building and between the parking area and the street shall be landscaped with trees and/or shrubs and ground cover. Any plantings that do not survive within one year, shall be replaced. Planted areas shall be maintained and kept clean of all debris, rubbish, weeds, tall grass and dead trees by the owner.
4. 
Location of parking and loading areas.
a. 
Parking and loading areas shall be located on the same lot as the use being served. The edge of any parking space shall be at least 20 feet from any retail building and 15 feet from any office building. No individual off-street parking or loading area shall have direct access from a street. No loading areas shall be in the front yard. All off-street parking lots along arterial and collector streets shall be set back at least 15 feet from the right-of-way and shall be screened with plantings.
b. 
No loading or parking areas shall be located in any required buffer area. Loading areas shall be properly screened from residential areas and the general traveling public.
c. 
Parking spaces located to serve commercial uses shall be located conveniently to the intended commercial use and shall be no greater than 300 feet from the entrance.
d. 
Handicapped parking spaces shall be located to be most accessible to the building(s) being served and shall be specified on the site plan. Each handicapped space shall be identified by a capital "H" painted in the space and by a sign using the international symbol. Said sign shall be placed at the end of each space, facing the space.
H. 
Buffer Requirements. The buffer areas shall adhere to the following requirements.
1. 
The minimum width of the buffer shall be at least 125 feet.
2. 
If the 75 feet of the buffer area which abuts a residential zone or use includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required, existing specimen trees shall remain and selected other trees and shrubbery may remain and shall be supplemented by additional evergreen plantings and approved by the Planning Board to provide the required landscape screen. In the event that the approving authority finds that further planting of evergreens will not grow satisfactorily in said buffer areas, wooden shadowbox fence(s), minimum height of six feet shall be erected in the buffer area. In addition, a separate landscaped area of a minimum of 50 feet consisting of earthen berms and plantings shall be provided outside the above said seventy-five-foot area adjacent to residential zone or use. Said berm shall be a minimum of eight feet in height (compacted), minimum top width shall be eight feet, and the maximum side slope shall be 2:1. The top of the berm shall be planted with a double row of evergreens staggered planted, six feet to eight feet high and 10 feet on center. Also, deciduous trees shall be properly placed at the base of the berm in sufficient quantity to provide a solid screen over and above the evergreens.
3. 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds, tall grass and dead trees by the owner. Any fences and screen planting shall be maintained permanently, and any plant material that does not survive one year or one growing season shall be replaced. All plantings that survive the first 12 months following certification shall be replaced by the builder/developer at no cost to the Township within 60 days of written notification.
4. 
No structure, activity, storage of materials, site roadways or parking of vehicles shall be permitted in the buffer area.
5. 
Requirements for planting in the buffer area.
a. 
A solid and continuous landscaped screen shall be planted and maintained by the owner to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. In the event that existing evergreens do not provide an adequate buffer, supplemental plantings may be required.
b. 
In addition to the landscaped screen, shade trees shall be planted by the applicant.
c. 
The height and location of the landscaped screen shall be measured in relation to the elevation of the edge of the parking and loading area or other improvement being screened. Where the landscaping is lower than the elevation of the area being screened, the required height of the screen shall be increased equal to the difference in elevation, i.e., taller trees and shrubs and/or earthen berms to raise the elevations or the area being screened.
d. 
Landscaped areas shall be provided with automatic underground sprinkler system.
I. 
Design Standards.
1. 
High volume retail facilities and movie theaters shall be located close to the highway frontage and away from residential uses.
2. 
The layout of buildings shall be conducive for the development of adjoining commercial district tracts such that property circulation and visual impacts are consistent for all sites.
3. 
All mechanical equipment shall be properly located and screened for effective noise control and visual impact.
4. 
Adequate facilities shall be provided for the handling of garbage and other refuse providing a solid enclosed structure. Provisions within each structure shall be allowed for the separation of materials and recycling. All refuse areas should not abut a residential use.
5. 
A proper screen shall be constructed to prevent trash from leaving the commercial property onto adjoining properties. This screen must be effective and can be in the form of live vegetation or fencing.
6. 
Residential properties adjacent to the commercial district shall be permitted to place fences on their property with the fence support stanchions facing the commercial district.
7. 
Detention facilities shall be constructed to control stormwater runoff in accordance with other sections contained within the municipal ordinances. Detention facilities shall not interfere with the buffer requirements listed under paragraph H, above and Section 181-503 and shall be placed on the development side of the buffer area. Detention basin side slopes shall be as flat as practical but shall be no flatter than a 2% grade and no deeper than three to one side slopes. A low flow concrete channel shall be provided within the detention basin. Based upon the depth of the basin and side slopes, fencing may be required around the detention facility.
8. 
Development of the C-D Zone requires the closing of Duke Lane and Green Acres Drive. Should the approving Agency deem the utilization of Green Acres Drive necessary, said roadway shall be improved as a municipal roadway according to the Township.
J. 
Off-tract Improvements. In addition to requiring the developer to pay his pro-rata share of the cost of providing necessary street improvements, water, sewerage and drainage facilities and easements therefor, as a condition for subdivision and site plan approval, all permitted principal, conditional and accessory uses will require a contribution for other off-tract improvements to be utilized for recreation at the Township's discretion.

§ 181-405.01 P-C Public Conservation Zone.

A. 
Purpose. The PC Zone District intends to provide for public and quasi-public uses, as well as community and service facilities that serve a general public purpose.
B. 
Permitted Uses.
1. 
Public parks and recreation facilities.
2. 
Landfill and excavation operations by governmental agencies in connection with stream improvements, cleaning, de-snagging and stabilization.
3. 
Subsurface structures, shelter or storage facilities necessary to health, safety and welfare of the Township.
C. 
Accessory Uses.
1. 
Uses customarily incidental and accessory to a principal permitted use such as parking facilities, nature trails, picnic areas, and other similar facilities.
D. 
Bulk Requirements. See Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-406 SCHEDULE B, BULK REGULATIONS.

[Ord. No. 1571-2015]
Schedule B, Bulk Regulations, is adopted and made part of this Ordinance.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-407.01 Community Shelters.

Community Shelters. 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 shall be allowed in any residential district permitting single family detached housing, provided that:
A. 
No more than six persons, excluding resident staff, shall occupy the premises except as permitted herein.
B. 
The facility is duly licensed pursuant to N.J.S.A. 30:11B-1 et seq. for community residences for the developmentally disabled, N.J.S.A. 30:14-1 et seq. for community shelters for victims of domestic violence, and N.J.S.A. 30:11B-1 et seq. for community residences for persons with head injuries.
C. 
The residential character of the building shall remain unchanged.
D. 
Community shelters as described herein may exceed the permitted number of persons allowed above upon issuance of a conditional use permit by the Planning Board provided that the following conditions have been met:
1. 
No more than 15 persons, including resident staff, shall occupy the premises.
2. 
The facility shall be duly licensed.
3. 
The residential character of the building and lot shall remain unchanged.
4. 
Adequate off-street parking sufficient for resident staff shall be provided. If staff exceeds five persons, buffering of the parking lot shall be provided in accordance with the provisions of this Ordinance.
5. 
No such facility shall be located within 1,500 feet of another such facility.
E. 
All other applicable regulations of this Ordinance shall apply.

§ 181-407.03 Motor Vehicle Parking in Residential Areas.

The following regulations shall apply to motor vehicle parking on any lot located in a residential district or used for residential purposes.
A. 
Permitted Motor Vehicles. Motor vehicles registered as passenger vehicles, livery vehicles and commercial vehicles having a gross weight of 7,000 pounds or less shall be permitted to be parked on such lots, with the following exceptions:
1. 
Passenger and livery vehicles. One passenger or livery vehicle having a gross weight in excess of 7,000 pounds, but not exceeding 10,000 pounds, may be parked in a garage or a driveway in a side or rear yard, provided that such is substantially screened from view from all adjacent lot lines and the street line. Such screening shall consist of a six-foot high solid wooden fence and/or minimum six-foot high evergreen shrubs or trees. Any such screening shall be approved by the Zoning Officer prior to installation to ensure that such will provide necessary screening to satisfy the intent of this provision.
2. 
One commercial vehicle having a gross weight in excess of 5,000 pounds, but not exceeding 8,000 pounds, may be parked in a wholly enclosed garage. Such vehicle shall be stored in the garage at all times when such is parked on the lot. In no instance shall any person other than the resident of the property on which the commercial vehicle is parked operate such vehicle. Additionally, no materials, tools, equipment or other items used in connection with the business that such commercial vehicle is associated with shall be stored anywhere on the residential property, except in or on the commercial vehicle itself.
B. 
Permitted Motor Vehicle Dimensions. No motor vehicle shall be parked on such lot with linear dimensions exceeding the following:
1. 
Twenty feet in length;
2. 
Eight feet in width, excluding rear view mirrors;
3. 
Eight feet in height, excluding radio antennas;
C. 
Prohibited Motor Vehicles. Trucks, tractors, trailers, semi-trailers, tow trucks and buses may not be parked on a lot primarily used for residential purposes, except as provided in subsection 181-407.05, Parking of Trucks and Buses.
D. 
Recreational Vehicles, Trailer Coaches, Campers and Boats. See subsection 181-407.07 for regulations regarding recreational vehicles.
E. 
Driveways. No motor vehicle shall be parked in the side or front yards of such lot, except in a driveway located pursuant to the requirements of this Ordinance.
F. 
Corner Lots. Nothing herein shall permit the parking or storage of any vehicle on a corner lot property that obstructs, impairs or obscures vision of motor vehicle traffic at an intersection, as determined by the Chief of Police.
G. 
Construction and Materials. All parking areas shall consist of a permanent surface (asphalt or concrete) per Township Engineer Standards.

§ 181-407.04 Number of Principal Buildings and Principal Uses in a Residential Zone District.

Unless otherwise specified in this Ordinance, not more than one principal dwelling or principal building shall be permitted on one lot in any residential zone district.

§ 181-407.05 Parking of Trucks and Buses in a Residential Zone District.

No trucks or buses shall be regularly parked in any residential district, except that one truck or bus of a rated capacity not exceeding five tons 10,000 lb. gross vehicle weight (manufacturer's rating), owned or used by a person resident on the premises, shall be permitted to be regularly garaged on a residential lot which also contains the primary residence of the owner, or on a residential lot which is contiguous to and also owned by the owner of the primary residence. This provision shall not be deemed to limit the number of vehicles used in the operation of a farm, or construction equipment in active use during the time of construction on a lot approved for development.

§ 181-407.06 Private Garages.

Private garages, where permitted on single-family residential lots shall comply with the following provisions:
A. 
The garage must be a fully enclosed detached accessory structure, or a portion of a principal building, used primarily for the storage of no more than two motor vehicles owned or used by the occupant of the principal structure.

§ 181-407.07 Recreational Vehicle Storage.

The following requirements apply to recreational vehicle storage:
A. 
Trailers, boats or boat trailers that are 21 feet or more in length as measured from outside dimensions, shall be parked or stored inside the confines of a building only.
B. 
All trailers, boats or boat trailers under 21 feet in length may be stored in side or rear yard areas; no trailer, boat, or boat trailer of any length, shall be parked or stored in the front yard area of a lot.
C. 
Each occupied single-family residential property may have outside parking or storage upon it for two recreational vehicles or trailers, provided that such vehicles are in safe and effective operating condition. All recreational vehicles and trailers shall display thereon a current State license and/or registration. No self-propelled recreational vehicle stored on the property shall exceed 21 feet in length unless within the confines of a building.
D. 
Any trailer, boat or boat trailer parked in the side or rear yard area provided that same of under 21 feet in length per subsection 181-407.07(B) of any lot shall meet the applicable zoning district regulations governing setbacks of accessory buildings from property lines and buildings and further provided that such vehicle shall be stored in a garage or in a side or rear yard and be substantially screened from view from all adjacent lot lines and the street line. In the case of corner lots, said vehicle must be screened from view from all street lines bounding the lot. No such vehicles shall be occupied for living, sleeping or recreational purposes while stored or parked on such lot.
E. 
To obscure from public view to the maximum extent possible, any trailer, boat or boat trailer parked or stored in a side or rear yard area and not in an enclosed building shall be screened by evergreen plantings at least six feet in height, spaced three feet apart, or as necessary to form a 100% visually impervious buffer after two years.
F. 
At no time shall any recreational vehicle parked or stored on any lot be used for living, sleeping or housekeeping purposes.

§ 181-407.08 Satellite Dish and Ham Radio Antennas.

A. 
Satellite Dish Antennas. No satellite dish antenna larger than one meter in diameter shall be installed in any residential zone except that one satellite dish antenna may be permitted as an accessory use to a single family dwelling or multifamily apartment use pursuant to Federal Communication Commission (FCC) regulations, subject to the following standards:
1. 
The requirements of this section shall apply to all satellite dish antennas, regardless of diameter.
2. 
Except where otherwise specified herein, the reflective surface of the satellite dish shall not exceed six feet in diameter.
3. 
A freestanding satellite dish regulated by this section shall be subject to the same location requirements as other principal buildings in the same zoning district. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of, set forth by Article IV of this Ordinance.
4. 
A freestanding satellite dish shall be located as close to the center of the rear yard and rear facade of a principal building as possible without causing significant interference with reception. A waiver may be sought from the board of jurisdiction for a location within the required yard area of a principal building, but in no case shall it be permitted nearer to a property line than is allowed for accessory buildings in the zoning district. For aesthetic and safety purposes, the rear yard shall be enclosed with a fence that is opaque to a height of at least four feet and that otherwise conforms to the fence requirements of the Township of Hazlet. The perimeter of the base of the supporting structure shall be landscaped with appropriate plant materials to a height of three feet or the lowest part of a dish antenna, whichever is higher.
5. 
A freestanding satellite dish antenna shall not exceed 10 feet in height measured from the base to the top of the antenna in an upright position.
6. 
Satellite dish antennas and supporting structures shall be maintained in good physical condition and comply with all applicable building and safety codes.
B. 
Ham Radio Antenna. A ham radio antenna is permitted as an accessory use to a single family dwelling pursuant to FCC regulations and in accordance with the following:
1. 
A freestanding ham radio antenna shall be subject to the same location requirements as a principal building in the same zoning district and as further provided herein, and shall not exceed the average height of principal buildings on adjoining lots by more than 15 feet to a maximum of 50 feet in height.
2. 
No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of Article IV of this Ordinance.
3. 
A freestanding ham radio antenna shall be located as close to the center of the rear yard and rear facade of a principal building as possible without causing significant interference with reception. A waiver may be sought from the board of jurisdiction for a location within the required yard area of a principal building, but in no case shall it be permitted nearer to a property line than is allowed for accessory buildings in the zoning district. For aesthetic and safety purposes, the rear yard shall be enclosed with a fence that is opaque to a height of at least four feet and that otherwise conforms to the fence requirements of the Township of Hazlet. The perimeter of the base of the supporting structure shall be landscaped with appropriate plant materials to a height of three feet.
4. 
Ham radio antennas and supporting structures shall be maintained in good physical condition and comply with all applicable building and safety codes.

§ 181-407.09 Storage Sheds.

Private residential storage sheds shall comply with the following regulations:
A. 
Height. No shed shall exceed 15 feet in height from the finished grade to peak.
B. 
Location. No shed shall be located in a front yard.
C. 
Setback. Sheds may be placed in accordance with the following setback provisions: Setbacks for accessory buildings in the R-50, R-70, R-100 and R-125 Zones shall continue to meet the prescribed setbacks stated in Schedule B* with the exception of sheds 100 square feet or less in length times width dimensions. There shall be a minimum distance of two feet from the property line and a minimum distance of two feet from any structure (with the exception of a pool, a seven-foot setback is required). The prescribed setbacks for sheds described above is as follows:
Zone
Rear
Side
R-50
2 feet minimum
2 feet minimum
R-70
2 feet minimum
2 feet minimum
R-100
2 feet minimum
2 feet minimum
R-125
2 feet minimum
2 feet minimum
1. 
One hundred square feet or less than; two feet from rear, side and any structures;
2. 
One hundred fifty square feet or less than five feet from rear, side and any structures;
3. 
Over 150 square feet see Schedule B,[1] Bulk Regulations for setbacks for accessory structures.
Sheds in historic zone districts must conform to principal building setback requirements.
The Zoning Officer of the Township of Hazlet shall be the enforcing agent who shall conduct field inspections to ensure that permit holders are in compliance with the Development Review Ordinance for sheds that do not require a Building Permit.
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-407.10 Swimming Pools and Tennis Courts.

Swimming pools and tennis courts shall be permitted on all lots used for single family dwellings in residential districts and on any tract developed for multi-family development. Swimming pools and tennis courts are considered accessory structures, and shall require an approved zoning permit prior to construction, and shall be subject to the following provisions:
A. 
Location. Any swimming pool or tennis court shall only be permitted in a rear or side yard area.
B. 
Coverage. The surface area of a swimming pool or tennis court shall be considered impervious. Tennis courts consisting primarily of grass shall not be considered impervious. Swimming pools and tennis courts shall be subject to the applicable lot coverage requirements set forth in this Ordinance. Any area paved with concrete, asphalt, brick or other solid surface which functions as a walkway to or completely surrounds a swimming pool or tennis court shall also be considered impervious.
C. 
Setbacks. Shall follow the applicable zoning requirements pursuant to the attached Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.
D. 
Swimming Pool Fencing. A continuous fence consisting of a minimum of four feet in height shall enclose the perimeter of the entire swimming pool area. Such fence shall be designed to securely control access to the swimming pool area. Where such fence is located on a corner lot, and the fence on the side facing the street is non-solid, that portion of the fence shall be adequately screened with evergreen shrubs not less than four feet in height.
E. 
Tennis Court Fencing. A fence consisting of a minimum of eight feet in height to a maximum of 12 feet in height for tennis courts shall be required. Said fence may not be located within a required setback area.
F. 
Swimming Pool Drainage. No swimming pool shall drain into a public sanitary sewer or be located in such a manner that water from the pool or filtering equipment drains onto another property.

§ 181-407.11 Yard and Garage Sales.

Yard and garage sales shall be permitted in any residential district for a period not to exceed three days. Such sales shall not exceed four in any one calendar year.

§ 181-408 SUPPLEMENTARY ZONING REGULATIONS APPLYING TO ALL DISTRICTS.

The following supplementary regulations shall be deemed to be appended to the Schedule of Bulk Regulations, Schedule B[1] and are hereby adopted as a part thereof.
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter..

§ 181-408.01 Accessory Structures.

Shall follow the applicable zoning requirements pursuant to the attached Schedule B.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-408.02 Boatyards.

Seasonal storage of boats and marine related vehicles not being serviced or repaired on the premises shall be permitted in the I-M Zone only as an accessory use to a marina, public or private boating club or a marine related sales and services establishment subject to the following supplementary regulations:
A. 
The boatyard shall be located on a parcel that is contiguous with the principally permitted use or on a non-contiguous parcel located within 60 feet of the parcel devoted to the principal use.
B. 
A boatyard situated on a parcel that is non-contiguous to the principal use parcel shall be no greater than one acre in area.
C. 
The height of watercraft storage shall not exceed three boats stacked vertically and 35 feet.
D. 
Storage areas shall be set back at least 10 feet from any lot line, however, whenever a buffer from a use other than a boatyard is required, the minimum buffer width, as set forth in this subsection, shall govern as the minimum setback requirement to said adjacent use.
E. 
When located adjacent to any property devoted to a use other than a boatyard, the boatyard establishment shall maintain the following between any outdoor activity and the adjacent property:
1. 
A fifteen-foot wide buffer area. Said buffer area shall be placed in a conservation easement.
2. 
A six-foot high stockade or board-on-board fence to be located at least 15 feet from the adjoining property line. Said fence may not be located within a front yard setback area.
3. 
A landscaped screening located in the buffer area consisting of evergreen plantings with a minimum height of 10 feet at the time of planting, spaced 15 feet on-center.
F. 
Site Triangle Required. No outdoor storage or display area shall be located within a required site triangle as defined elsewhere herein.
G. 
An adequate quantity of off-street automobile parking spaces shall be provided. Automobile parking areas shall be black-topped and used only for the parking of automobiles associated with patrons and employees.
H. 
Designated areas for boat or marine related vehicle storage or display need not conform to standards for parking lot paving and design standards but, shall be segregated from parking areas by means of a raised concrete curb of at least six inches in height. Concrete wheel stops shall not be utilized to meet this curbing requirement.
I. 
Seasonal or long term storage of cars, trucks, trailers, or other vehicles not marine related shall not be permitted in a boatyard.
J. 
No derelict, discarded or junked boats, no parts, scrap, partially dismantled boats, boat motors, or trailers shall be stored out-of-doors.
K. 
Designated fifteen-foot wide fire lanes shall be provided at regular intervals and shall be maintained and open at all times. Said fire lanes shall be subject to the approval of the Township Fire Official.
All applicable requirements of any State or Federal agency including local health and fire authorities having jurisdiction shall be met.

§ 181-408.03 Cemeteries.

Buildings associated with principal cemetery uses shall be permitted provided the following requirements are met:
A. 
Building Setbacks.
1. 
Minimum front yard shall be 40 feet.
2. 
Minimum side yard shall be 20 feet.
3. 
Minimum rear yard shall be 25 feet.
B. 
Height. Maximum building height shall be 25 feet.
C. 
Fence or Wall. A wrought-iron fence or stone wall may be provided at the perimeter of a cemetery tract. Said fence or wall may not exceed five feet in height, except that intermittent piers may reach six feet in height. A main entrance gate may exceed the permitted fence or wall height by 50%.

§ 181-408.04 Child Care Centers.

Child care centers shall be permitted in any nonresidential district. In those districts combining residential and nonresidential areas under a unified plan for development, the child care center shall be permitted only in the non-residential area. Any child care center shall be duly licensed pursuant to N.J.S.A. 30:5B-1 et seq. A child care center functionally integrated within a nonresidential development owned or operated for the benefit of their employees, their tenant's employees, or employees within an office or business park or research and development complex shall not be required to provide additional off-street parking for the use. In the calculation of any floor area ratio applicable to an office or business park or research and development complex, the area occupied by a child care center shall not be included.

§ 181-408.05 Corner and Through Lots.

Whenever a lot shall be bounded by more than one street line, the following provisions shall apply (see also Schedule B):[1]
A. 
All provisions of this Ordinance with respect to setbacks and all other restrictions and regulations relating to street lines and front yards shall apply to each street line as a front yard.
B. 
For the purposes of determining the rear yard on a corner lot, the interior lot line opposite the street line with the shortest frontage shall be considered to be the rear lot line and any remaining interior lot lines shall be considered side lot lines.
C. 
Each lot shall have a rear yard. In an instance of a through lot and in an instance of a corner lot where the frontage is equal, the yard opposite the street address of the property shall be deemed the rear yard.
D. 
In an instance where a lot is bound by three or more streets, the property shall contain multiple front yards and at least one side yard.
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.

§ 181-408.06 Driveways.

A. 
No nonresidential driveway shall be located within 10 feet of an existing adjacent residential property or within three feet of any other property line, unless otherwise regulated in this Ordinance.
B. 
Access to a commercial parking garage or parking area for 25 or more vehicles shall not be closer to the intersections of any two streets than 50 feet.
C. 
No driveway shall be located in any residential district to provide access to uses other than those permitted in such residential zone.
D. 
No driveway shall serve any use other than the permitted use on the lot upon which the driveway is located.
E. 
A barrier-free walkway system shall be provided to allow pedestrian access to a building or use from both a parking lot within the site and from the Township sidewalk system.
F. 
No lot containing a detached single-family dwelling shall contain more than one driveway. In the case of a through lot, a driveway is to be provided only within the front yard area.
G. 
For other specific driveway design standards, see Article V.
[Ord. No. 1514-13]

§ 181-408.07 Fences and Walls.

Fences and walls shall be permitted in all districts, but shall be considered structures requiring an approved zoning permit prior to construction. Adequate surveys, plans and details are to be submitted to the Zoning Officer in accordance with Article VIII in order for a determination to be made as to the proposed fence zoning conformance. Fences and walls shall be permitted accessory structures subject to the following provisions:
A. 
Front Yards.
1. 
For residential uses, fences shall be permitted to be located in front yards, provided such fences shall not exceed four feet in height, as measured from ground level, and shall be constructed so that at least 50% thereof is non-solid and open. Fence types such board-on-board and stockade shall be considered solid fences. Corner lots may be permitted to install a six foot in height solid fence along the side street frontage which shall be located not less than 10 feet from the inside of the sidewalk. If no sidewalk exists, then the fence shall be located 10 feet from the curb line or the street. However, in a residential zone which abuts a nonresidential zone such fences shall not exceed eight feet in height. Furthermore, no fence shall be constructed within any sight triangle as defined in this Ordinance, or installed so as to constitute a hazard to traffic or public safety. Decorative walls are permitted to be located in front yards for residential uses, provided such shall not exceed 2 1/2 feet in height, as measured from ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed five feet in height.
2. 
For nonresidential uses, fences and decorative walls may be erected in the front yard at or behind the front setback line extending to the rear or side lot lines, provided they do not exceed six feet in height, as measured from the ground level. Fence pots, corners, gateways and wall piers and entryways may not exceed seven feet in height.
B. 
Side and Rear Yards.
1. 
For residential uses, both solid and non-solid fences shall be permitted to be located in side or rear yards, provided such shall not exceed six feet in height, as measured from the ground level. Decorative walls for residential uses are permitted to be located in side or rear yards, provided such shall not exceed four feet in height, as measured from the ground level. However, in a residential zone which abuts a nonresidential zone such fences shall not exceed eight feet in height. Fence posts, corners, gateways and wall piers and entryways, may not exceed seven feet in height.
2. 
For nonresidential uses, both decorative walls and solid or non-solid fences shall be permitted to be located in side or rear yards, provided such shall not exceed six feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven feet in height.
3. 
Finished Exterior Side. All fences or walls shall be constructed so that a finished side, with no fully exposed structurally supporting members, is located on the exterior facing outward away from the property upon which it is located.
4. 
Materials. No fence or wall shall be constructed or installed with barbed wire, metal spikes, or topped with concertina or razor wire, broken bottles or similar materials so as to be dangerous to humans or animals.
5. 
Drainage. Fences and decorative walls shall be constructed in a manner so as to permit the continued flow or natural drainage and shall not cause surface water to be blocked or dammed to create ponding, either on the property upon which such is located or on any adjacent lot. Those applying for a zoning permit to erect a fence or decorative wall may consult with the Township Engineer to ensure compliance with this provision.
6. 
Obstruction. No fence shall be constructed within any sight triangle as defined in this Ordinance, or installed so as to constitute a hazard to traffic or public safety.
7. 
Utility Easement. Prior to installing a fence in a utility easement area, a property owner shall secure written approval from the appropriate utility company or appropriate public body. Evidence of approval shall be submitted as a prerequisite to issuance of a zoning permit.
8. 
Retaining Walls. Any permitted wall proposed to be used as a retaining wall may be required to be reviewed by the Township Engineer prior to the issuance of a permit.
9. 
Exceptions. Fences or walls that constitute a permitted buffer area screen approved as part of a site plan application shall be exempt from the above height and location provisions. In addition, fencing required to enclose a tennis court shall be exempted from the above maximum height provisions. Said fence shall not exceed 12 feet in height, as measured from ground level, and may not be located within a required setback area.
[Ord. No. 1556-2014]

§ 181-408.08 Frontage on Public Street.

Every principal use shall be located on a lot with frontage upon a public street that has been improved in accordance with the applicable Township standards or for which such improvement has been insured by the posting of a performance guarantee in accordance with this Ordinance.

§ 181-408.09 Holiday Sales.

Christmas Tree Sales. The annual sale of Christmas trees is permitted in any non-residential zone between the Friday after Thanksgiving and December 25, inclusive. A Special Use Permit for such sales must be obtained from the Township.

§ 181-408.10 Light Fixture Mounting Height.

Lighting shall be provided by fixtures with a mounting height not more than 14 feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.

§ 181-408.11 Loading Requirements.

Scope of Provisions: Off-street parking, unloading, and service requirements of this section shall apply and govern in all present and future zoning districts within the Township of Hazlet. No land shall be used or occupied, no structure shall be designed, created, altered, used or occupied and no use shall be operated unless off-street parking and loading facilities are provided in at least the amount, and maintained in the manner required by this article; provided however, that any use in operation of the effective date of these regulations is not effected by the provisions of this article until such time there are alterations or additions which would affect the gross building area, parking requirements, traffic circulation or drainage characteristics of the site.
A. 
Loading Space Requirements. In all zone districts in connection with every commercial, institutional and industrial use, there shall be provided, at the time that any building or structure is erected, enlarged, increased in capacity or has a change of use, loading spaces in accordance with the requirements of the following schedule:
Minimum Requirements of Off-Street Loading Spaces
Use
Total Floor Area
(in square feet)
Number of Loading Spaces Required
Industrial/Wholesale Operations
10,000 - 40,000 square feet
1
with gross square feet over 10,000
40,000-100,000 square feet
2
100,000-160,000 square feet
3
160,000-240,000 square feet
4
240,000-320,000 square feet
5
320,000-400,000 square feet
6
Each 90,000 square feet above 400,000 square feet
1
Office Building or Hotel with gross useable floor area of 100,000 square feet of more
1
Retail Operation, all first floor non-residential uses, with gross floor area of more than 3,000 square feet and less than 20,000 square feet.
1
Wholesale and Light Industrial Operations with gross floor area of less than 10,000 square feet
1
Retail Operations, Including Restaurant and Dining Facilities within Hotels and Office buildings, with a gross useable floor area of 20,000 square feet or more
1 for every 20,000 square feet
B. 
Loading Space Dimensions. Standard institutional and light industrial/warehouse loading spaces shall measure at least 15 feet wide by 60 feet long, with a height clearance of not less than 20 feet. All other loading spaces shall measure at least 15 feet wide by 45 feet long, with a height clearance of not less than 15 feet.
C. 
All loading areas shall be located on the same lot as the use being served.
D. 
No loading area shall be located in a front yard.
E. 
There shall be no loading in a yard abutting, or in a public right-of-way.
F. 
No loading space shall be located within 40 feet of an intersection of any two public right-of-ways. The off-street loading space shall be located on the property so as to permit any vehicle to be parked in the loading space with no portion of the vehicle extending into the public street.

§ 181-408.12 Marine Related Sales and Services.

Marine related sales and services shall be permitted in the I-M Zone District provided that such uses satisfy the supplementary regulations set forth in this section as follows:
A. 
The purveyance of goods or services not including boats or motors shall take place in an enclosed structure.
B. 
Principal Setbacks. The following shall be located on-site within the principal building envelope:
1. 
Any building, including accessory buildings, within which sales, repair, service or other work shall take place.
2. 
Designated outdoor areas where repair, service or other work shall take place.
3. 
Storage of watercraft and marine related apparatus left by customers to await service.
4. 
Storage of any boat or marine related vehicle requiring hull repairs, body work or which is inoperable because of major repairs.
5. 
Storage of mechanical or repair equipment necessary for the operation of the principal use. All equipment shall be stored indoors unless it can be shown that outdoor storage of particular equipment is the only reasonable method of storage in which case such equipment shall be stored on a paved surface.
C. 
Outdoor Display and Storage.
1. 
Outdoor sales display areas and temporary storage of watercraft (dry-dock storage) shall be set back at least 10 feet from any lot line, however, whenever a buffer from a use other than a marine related sales and services establishment is required, the minimum buffer width, as set forth in this subsection, shall govern as the minimum setback requirement to said adjacent use.
2. 
The height of watercraft storage shall not exceed three boats stacked vertically and 35 feet.
3. 
No derelict, discarded or junked boats shall be stored out-of-doors nor shall any parts, scrap, partially dismantled boats, boat motors, or trailers.
4. 
Storage of cars, trucks, trailers, or other vehicles not marine related shall not be permitted unless such storage activity is approved by the board of jurisdiction for that purpose.
5. 
The seasonal storage of boats or any other marine related vehicles not being serviced, repaired or sold on the premises shall be deemed to be a boatyard and must conform to regulations for such.
6. 
Storage or display of rental watercraft is permitted as an accessory use to a marine related sales and services establishment. Such storage or display may not take place in a setback area.
D. 
Buffer Requirements. When located adjacent to any property devoted to a use other than a marine related sales and services establishment, the marine related sales and services establishment shall maintain the following between any outdoor activity and the adjacent property:
1. 
A fifteen-foot wide buffer area. Said buffer area shall be placed in a conservation easement.
2. 
A six-foot high stockade or board-on-board fence to be located at least 15 feet from the adjoining property line. Said fence may not be located within a front yard setback area.
3. 
A landscaped screening located in the buffer area consisting of Spruces or Douglas Firs with a minimum height of 10 feet at the time of planting, spaced 15 feet on-center.
E. 
Site Triangle Required. No outdoor storage or display area shall be located within a required site triangle as defined elsewhere herein.
F. 
All loading or unloading of watercraft and marine related apparatus shall occur on-site.
G. 
All permitted uses and activities established in conjunction with marine related sales and services uses shall be clearly accessory in nature.
H. 
Automobile parking areas shall be black-topped. Designated motor vehicle parking areas shall be used only for parking of vehicles associated with customers and employees.
I. 
Designated areas for boat or marine related vehicle storage or display need not conform to standards for parking lot paving and design standards but, shall be segregated from parking areas by means of a raised concrete curb of at least six inches in height. Concrete wheel stops shall not be utilized to meet this curbing requirement.
J. 
Watercraft transport services shall be permitted as an accessory use to a marine related sales and services establishment.
K. 
All new boat construction shall be carried on within an enclosed building.
L. 
Designated fifteen-foot wide fire lanes shall be provided at regular intervals and shall be maintained and open at all times. Said fire lanes shall be subject to the approval of the Township Fire Official.
All applicable requirements of any State or Federal agency including local health and fire authorities having jurisdiction shall be met.

§ 181-408.13 Minimum Improvable Lot Area.

A. 
The building envelope on a lot as defined by the minimum yard requirements for the location of a principal building, or, in the case of uses other than single-family residential, the location of an off-street parking lot, or a loading area, shall enclose a contiguous improvable area, as defined herein, which is not less than the minimum improvable area required by Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.
B. 
The contiguous improvable area shall be of such dimensions that it shall be able to contain within it the shape of a circle whose minimum diameter is not less than as prescribed by Schedule B, "Bulk Regulations," for the diameter of the minimum improvable area.
C. 
Any existing detached single-family dwelling which is a conforming use but which is on a lot made nonconforming by the provisions of this subsection, may be enlarged or expanded within its improvable area provided that such expansion conforms to all other zone district regulations.

§ 181-408.14 Parking Requirements.

A. 
The total number of off-street parking spaces and loading spaces required for all uses or combination of uses shall be provided as specified in this section. Any building or site containing more than one use shall meet the combined parking space and loading requirements for all uses, based on the area utilized for each separate use. The parking space schedule and loading space schedule in this section represents general parking and loading requirements acceptable to the Township. Since a specific use may generate parking usage and/or loading/unloading activities that deviates from the requirements enumerated in this section, documentation and testimony shall be presented to the Board as to the anticipated parking usage and loading activities. The parking requirements for any use not specifically indicated shall be determined by the Board based on evidence presented at the time of the application and based on requirements for similar type uses. Based upon the above, the Board may take action as follows:
1. 
Grant a variance from parking requirements to permit a lesser number of spaces, provided, however, that spaces shall be shared by two or more separate uses with non-conflicting parking usage schedules;
2. 
Grant a variance from parking space requirements contingent upon the applicant obtaining a specified number of reserved off-street parking spaces from another source, including, but not exclusively, the Township of Hazlet;
3. 
Require construction of a greater number of spaces.
B. 
Parking Space Dimensions. Standard parking spaces shall measure 10 feet wide by 20 feet long. Handicapped parking spaces shall measure 12 feet wide by 18 feet long.
C. 
Multi-level Parking Structure.
1. 
Building Coverage and Floor Area Ratio. That portion of a multi-level parking structure specifically designed to accommodate parking and driveway areas shall not be included in determining the maximum permitted building coverage and/or maximum floor area ratio (F.A.R.) on a particular tract.
2. 
Standards. Where allowed as an accessory structure for a permitted principal use, a multi-level parking structure shall conform to the following requirements:
a. 
The structure shall not exceed six levels and 55 feet. In no instance shall a multi-level parking structure exceed the height of the principal structure.
b. 
The required setbacks for multi-level parking structures shall be the same as those set forth for principal permitted structures. No multi-level parking structure may be located closer to a residential property line than a distance equal to the height of the structure.
c. 
A security office and/or attendant area not to exceed 500 square feet in area may be located within the multi-level parking structure.
d. 
The architectural design for the facades of parking structures shall incorporate features such as articulated parapet walls, ornamental projections, varied planter widths and similar items to add visual interest and improve the overall appearance of the structure as viewed from the street.
e. 
Adequate lighting shall be provided at all levels of a multi-level parking structure to ensure motorist and pedestrian safety and security. Bollard-style light fixtures are encouraged at the uppermost level of the structure to mitigate off-site light spillage. The maximum mounting height of a light fixture as measured from the uppermost level of the structure shall be 12 feet.
D. 
Number of Parking Spaces. In all zone districts, except for uses in designated historic zone districts, there shall be provided, at the time that any building or structure is erected, enlarged, increased in capacity or has a change of use, parking spaces in accordance with the requirements in the schedule below.
Number of Parking Spaces Schedule
Use
Off-Street Parking Requirement
Residential Single-family or Multifamily
SEE RSIS STANDARDS
Assisted living facility
1 space per 3.5 rooms
Automobile service station
1 space per 3 gas dispenser
Automotive body repair and painting
2 spaces per bay and work area
Automotive Sales Establishments
1 space for every 1,000 square feet of area used for such purpose
Bank
1 space per 250 square feet of gross floor area
Car wash
5 spaces per washing lane + 1 space per full-time employee
Community center
1 space per 250 square feet of gross floor area
Community residence for the developmentally disabled
1 space per employee
Computer training facility
1 space per computer training terminal space + 1 space per 400 square feet of gross floor area
Family day care
1 space per employee
Funeral home or Mortuary
1 space per each 8 seats in chapel, + 1 additional space for each resident family + 1 additional for each funeral vehicle
Garden center/Nursery/Landscape
1 space per every 1,000 square feet of area used for such purpose
Recreational Establishments, commercial other than a theater, bowling, auditorium or stadium
1 space for each 100 square feet of non-storage floor area.
Bowling Establishments
At least 4 spaces for each bowling lane. In addition such as a bar or restaurant are provided, additional parking spaces shall be provided in accordance with the requirements for similar uses.
Hotel
1 space per each guest room or 1 space for each, sleeping room, whichever is greater plus additional parking required per schedule for Restaurant & Banquet Facilities
Laundromat
1 space per 3 washer or dryer machines
Medical or Dental Offices
Each office shall provide a minimum of 5 spaces for each professional person occupying or using each office, plus an additional space for each employee.
Industrial or Manufacturing establishments
1 space for each 400 square feet of floor area exclusive of storage space
Marine related sales and service
1.5 spaces per 1,000 square feet per gross floor area + 1 space per full-time employee
Nightclub/Banquet Facility
1 space per 50 square feet
Office Building/Professional Office Building
1 space per 200 square feet of floor area
Personal service
1 space for each 150 square feet of gross first floor area plus 1 space for each 200 square feet of additional gross floor area
Place of worship
1 space per 4 seats; every 3 feet of a pew measured horizontally shall be considered a seat
Educational Public or Private
1 space for each 2 employees including teachers and administrators, additional parking for students, taking into consideration the number of student drivers. The requirements for stadium, gymnasium and auditorium use shall be in addition to these requirements.
Restaurant or similar place dispensing food, drink or refreshments
1 space for each 50 square feet of floor area devoted to patron use
Shopping Center (Business Neighborhood), Retail Sales and Services
7 spaces for each 1,000 square feet of leasable floor area
Shopping Center (Regional)
6 spaces for each 1,000 square feet of leasable floor area
Hospital
1 space for each 2 patient beds, + 1 space for each medical staff member or visiting doctor, + 1 additional space for each 4 employees, including nurses
Railroad or Bus Station
1 space for each 100 square feet of waiting room space, including concession and dining areas
Self-storage facility
1 space per employee + 1 space per 1,000 square feet of gross floor area
Tavern
1 space per 2 seats
Theater
1 space per 3 seats
Warehouse & distribution facility
1 space per 2,500 square feet of gross floor area
E. 
Design Standards. Standards for the design of parking lot areas are located at Sections 181-507, 181-509 and 181-512.
F. 
For uses not specifically described herein, parking requirements shall be determined by the approving authority during a public hearing. These requirements are considered minimum standards, and parking may be provided in excess of these requirements, but in no case shall the provided parking for non-residential uses exceed these minimum requirements by more than 20%. This restriction shall not apply to single-family dwelling units.
G. 
All permitted and required accessory off street parking spaces shall be located on the same lot as the use to which the spaces are accessory, or upon an adjacent lot in common ownership.
H. 
Construction and Design Standards. In addition to Sections 181-507, 181-509 and 181-512.
1. 
Provisions for Proper Drainage and Maintenance. All off-street parking, off-street loading and service facilities shall be so drained as to prevent damage to abutting properties and/or public streets and shall be constructed of materials which will assure a surface resistant to erosion. Such drainage and materials shall be installed as required by the Township Engineer. All such areas shall be at all times maintained at the expense of the owners thereof, in a clean, orderly and dust free condition.
2. 
Separation from Walkways and Streets. All off-street parking, off-street loading and services areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective device approved by the Township Engineer.
3. 
Private Walks Adjacent to Business Buildings. A private walk if provided adjacent to a business building, shall be not less than four feet in width and shall be in addition to the other requirements of this Ordinance.
4. 
Buffer Required when Adjoining Property is Residential. Where off-street parking, loading or service areas are proposed to be located closer than 50 feet from a lot in any residential zone or to any lot upon which there exists a dwelling as a permitted use under these regulations, and where such parking, loading and service areas are not entirely screened visually from such lot by an intervening building or structure, there shall be provided along the lot line a continuous buffer strip. No such buffer shall extend nearer to a street right-of-way than the established building line of the adjoining residential lot.
5. 
Interior Driveways. Interior driveways shall be a least 24 feet in width where used with 90° angle parking, at least 20 feet in width where used with 45° angle parking. Where used with parallel parking, or where there is no parking, interior driveways shall be at least 12 feet wide for one-way traffic movement and at least 24 feet wide for two-way traffic movement.
6. 
Connection to a Public Right-of-Way. Each off-street parking, loading or service area shall be connected to a public street right-of-way by means of a driveway constructed in accordance with at least the minimum standards required by the Township Engineer.
7. 
Size of Driveway. A driveway exclusive of curb return radii shall not be less than 12 feet in width. A curb return radius for a driveway at its entrance to a public street shall not exceed 10 feet unless required. The maximum width of a driveway exclusive of curb return radii shall not exceed 36 feet except for unusual circumstances unless specifically reviewed and approved by the Township Engineer.
8. 
Off-Street Parking Space within Buildings. Garage space or space within buildings, in basements, or on the roofs of buildings may be used to meet the off-street parking requirements of this Ordinance, provided such space is designed to serve as off-street parking spaces.
9. 
Pavement Markings and Signs. Each off-street parking space shall be clearly marked and pavement directional arrows or signs shall be provided wherever necessary. Markers, directional arrows and signs shall be properly maintained so as to ensure their maximum efficiency.
10. 
Joint Parking Facilities. The off-street parking requirements for two or more neighboring uses of the same or different types, may be satisfied by the allocation of the required number of spaces for each use in common parking facility; provided that the number of off-street parking spaces is not less than the sum of individual requirements, provided further, that there be compliance with all other provisions of these regulations.
11. 
Parking Provided on the Same Lot as Main Building. Off-street parking spaces for one-family and two-family dwellings shall be located on the same lot as the main building to be served. Off-street parking spaces for multi-family dwellings shall be located on the same lot as the main building to be served or not more than 300 feet distant, as measured along the nearest pedestrian walkway. Off-street parking spaces for all other uses shall be provided on the same lot as the main building to be served or not more than 500 feet distant, as measured along the nearest pedestrian walkway.
12. 
Requirements for Combined Uses. The number of off-street parking spaces required by land or building used for two or more purposes shall be the sum of the requirements for the various individual uses.
13. 
Sharing of Parking Facilities. Off-street parking facilities for one use shall not be considered as providing the required facilities for any other use, provided that 1/2 of the off-street parking space required by any use whose peak attendance will be at night or on Sundays, such as churches, theaters and assembly halls, may be assigned to a use which will be closed at night or on Sundays.
14. 
Computing Number of Employees. For the purpose of this section, the number of employees shall be computed on the basis of the average number of employees to be employed during peak shift.
15. 
Fractional Spaces Required. When units of measurement determining the number of required off-street parking and off-street loading spaces results in the requirements of a fractional space, any fraction up to and including 1/2 shall require one off-street parking or off-street loading space.
16. 
Off-Street Parking and Loading Spaces within a Required Setback. No required off-street parking and loading space including maneuvering areas for such off-street parking or loading space shall be established in an area between the front building line and the street right-of-way line in the BN-1, BN-2, I-A and I-A-I zones.
17. 
Other Use of Off-Street Parking Spaces Prohibited. No off-street parking or loading area shall be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.

§ 181-408.15 Parking in Front Setback.

For all uses except single-family dwellings, individual parking spaces shall be prohibited in any front yard setback area.

§ 181-408.16 Temporary Trailers.

Nothing in this section shall be construed to prohibit trailers hauling, loading or unloading merchandise in the course of their customary function. No trailer shall be used except as specified hereunder.
A. 
Natural Calamity. Trailers used for temporary residency by any occupant of a dwelling that is being reconstructed due to damage from a fire, flood, or other natural calamity shall be subject to the following provisions:
1. 
The trailer is placed only on the same lot that contains the dwelling that is being reconstructed.
2. 
An approved zoning permit shall be obtained from the Zoning Officer prior to the placement of such temporary trailer on the site. The Zoning Officer, under the advisement of the Construction Code Official and Chief of the Fire Department shall be responsible for determining the most practical location for such trailer.
3. 
The time period of occupancy of such trailer shall not exceed six months, provided however, that the Zoning Officer may extend the time period of occupancy for an additional time period of occupancy for an additional time period of up to three months due to exceptional circumstances that prevent the reconstruction and re-occupancy of the damaged building within the initial six-month time period. However, in no instance shall such trailer be occupied for a time period to exceed nine months, unless extended by the Zoning Board of Adjustment.
B. 
Construction and Storage Trailers. Trailers used for construction offices and for storage of materials and supplies on a job site may be used during the period of construction only. Such trailers may be used only during the construction phase of a development. All material storage and construction office trailers must be removed if no site work or construction activity has occurred on-site for 45 days or more, or if construction activity has substantially slowed. Such trailers must be removed upon the completion or final occupancy of the new structure.
C. 
Office and Classroom Trailers. Trailers for temporary use including but not limited modified mobile homes for office use and classroom space may be placed on a lot in a non-residential zone provided that:
1. 
"Temporary use" means use prior to final occupancy of a permanent structure;
2. 
The temporary use is in conjunction with a principal building and a permitted use being undertaken, or approved to be undertaken on the lot;
3. 
Trailers shall not be located between a principal structure and the front street line and all required setbacks and yards specified for the respective zone are observed;
4. 
On a corner lot, trailers shall not be located between a principal building and any adjacent street line and shall observe all required setbacks and yards specified for the respective zone;
5. 
Site plan approval for a permanent principal structure on the same lot is obtained prior to placement of a trailer;
6. 
Use of a trailer permitted under this section does not commence prior to site plan approval and does not exceed one year from the date of such site plan approval unless extended by Planning Board;
7. 
The time period of occupancy of such trailer shall not exceed six months, provided however, that the Zoning Officer may extend the time period of occupancy for an additional time period of occupancy for an additional time period of up to three months due to exceptional circumstances within the initial six month time period. However, in no instance shall such trailer be occupied for a time period to exceed nine months, unless extended by the Planning Board.
D. 
Sales Offices.
1. 
In subdivisions and site plans approved for residential construction, the Zoning Officer may permit a temporary sales office, provided that, prior to issuance of a construction permit for such temporary sales office, final approval for the tract upon which the temporary sales office is to be located shall be effective. Only one temporary sales office is permitted per tract.
2. 
A site plan must be submitted to the Zoning Officer for review for compliance with all area and yard requirements and all design standards required in the zone district where it is located. Any relief from the aforesaid requirements or standards may only be granted by the appropriate board of jurisdiction.
3. 
Parking on other than accepted public roadways. The following minimum on-site parking spaces must be provided:
a. 
One space for each employee.
b. 
One space for each 10 units or portion thereof for the first 50 units in any project.
c. 
One space for each 25 additional units or portion thereof in any project greater than 50 units.
d. 
The parking area surface may be gravel if maintained in a dust-free manner. However, the area of the driveway at least 25 feet from the street cart-way shall be constructed of bituminous asphalt to prevent tracking of stone or dirt onto the public street.
4. 
A zoning permit and a certificate of occupancy are required for all temporary sales offices.
5. 
The temporary sales office may only be located on the site until the 15th or final certificate of occupancy is issued for the dwelling units, whichever occurs first. At that time the developer shall have 30 days to remove the temporary sales office and any appurtenances from the site and restore any area disturbed. If the developer desires to continue a sales office use, it must thereafter be from within a proposed dwelling unit.
6. 
Sales shall be limited to dwelling units being marketed in the tract on which the temporary sales office is located; sales of off-tract dwelling units are prohibited. Building materials and all other materials except those directly related to the promotion and sale of dwellings in the tract, such as decorating samples, brochures and office supplies, may not be stored in the sales office. Use of the sales office for living quarters is prohibited.
7. 
The municipal agency may also approve a temporary sales office in conjunction with its review and approval of the site plan or subdivision application, provided that the site plan and traffic control plan therefor have been submitted.
E. 
Storage. No trailer may be temporarily or permanently used for storage of materials in any zone district.
F. 
Fees.
1. 
Zoning: There shall be a $100 fee for each trailer to be paid to Zoning and Code Enforcement for a permit for any temporary trailer.
2. 
Fire Official: There shall be a $100 fee for each trailer for inspection by the Fire Official.

§ 181-408.16.01 Charitable Bins.

A. 
The following regulations shall apply to all charitable bins located in a nonresidential zone. Charitable bins shall be permitted in the BN1, BN2, BH, BP1, BP2, BP3, IA, IA-1 and CD Zones. Charitable bins shall not be permitted in any residential zone. This Ordinance requires the owners of all charitable bins to register with the municipality. To obtain zoning approval the owner is required to submit the following:
1. 
Specify the location where the bin(s) will be located on the property.
2. 
Provide the name and telephone number of the "bona fide" office of any charity or business that will profit from any such collections.
3. 
Maintain a "bona fide" office to be staffed with a representative who can be reached by telephone during normal business hours. An answering machine or answering service does not constitute an office.
4. 
Describe the manner and frequency by which the bin(s) shall be maintained.
5. 
Obtain written consent from the property owner to place the bin(s) on their property.
6. 
Display in a clear and conspicuous location on the outside of the bin(s) the name, address and telephone number of the person or organization who owns the bin(s). Also upon Township approval the permit number along with the expiration date shall be displayed on the outside of the bin(s).
B. 
Fee. $25 per year/per bin, up to a maximum of six bins.
C. 
Enforcement.
1. 
The Zoning Official and/or her designee shall not grant a permit to place, use or employ charitable bins if the placement of the bin constitutes a safety hazard.
2. 
The Zoning Official and/or her designee shall investigate any complaints from the public concerning the bin(s) within 30 days. If the bin owner does not rectify any violation, the Township may seize the bin, remove it at the owner's expense and sell the contents at public auction. All proceeds from the sale shall be paid to the CFO of the Township.
3. 
Violations of the State of New Jersey Chapter 209 (P.L. 2007, c.209) which results in the seizure of donation bins shall be subject to penalty of up to $20,000. The Township of Hazlet may bring action in Municipal Court or Superior Court.
[Ord. No. 1571-2015]

§ 181-408.17 Yards.

A. 
No building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district; however, regardless of the alignment of neighboring buildings, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two said buildings which is farther from the street line.
B. 
No open space provided around any principal building for the purposes of complying with the front, side, or rear yard requirements of this Ordinance shall be considered as providing for the required yard areas of another principal building.

§ 181-408.18 Special Use Permits.

Definitions. The following words and terms used in this Article shall have the meanings set forth below unless the context clearly indicates otherwise.
EVENT
All of the above-defined terms, collectively.
OPEN AIR MARKET
Without limitation, any street stands or stands located in a public area such as a park or parking lot, for the sale or distribution of licit goods, merchandise or other articles, including, but not limited to, flea markets, swap meets and fund-raising sales, but shall not include any itinerant merchants, transient vendors, salesmen, peddlers, hawkers, vendors, solicitors or canvassers who shall be subject to the rules and regulations governing peddling and soliciting contained in Chapter 243-1 et seq. of the Code of the Township of Hazlet.
PUBLIC ENTERTAINMENT
Any event, including but not limited to, a circus, carnival, fair, festival, concert, exhibition or parade expected to be attended by 1,000 or more people at any one time.
PUBLIC RALLY
Any public gathering or assembly protected by the First Amendment to the United States Constitution and the New Jersey State Constitution, Article 1 et seq.
SPECIAL EVENT
Any event, including, but not limited to, a circus, carnival, fair, festival, concert, exhibition or parade expected to be attended by less than 1,000 people at any one time.

§ 181-408.18.01 Special Use Permit Required; Prohibitions.

A. 
No person, group of persons, partnership, association or corporation or any combination thereof, shall maintain, conduct, promote or operate on any lands or premises within the Township, other than in established theatres, auditoriums or other places licensed or permitted for public occupancy as limited by law, or any use thereof for the purposes of holding an event, or, in any way entertaining the general public, whether or not admission is charged, except pursuant to a special use permit issued therefor by the Township as stipulated in this section.
B. 
No owner, lessee, licensee or other person, partnership, association or corporation having any right to or interest in any real property within the jurisdiction of the Township shall license, rent, lease or otherwise permit the use of such real property or any part thereof for the use of any event or any entertainment for the general public, whether or not admission is charged, other than in established theatres, auditoriums or other places licensed for public occupancy as limited by law, except pursuant to special use permit issued therefor by the Township as stipulated in this Section.

§ 181-408.18.02 Applications; Procedure for Granting Special Use Permits; Fees.

A. 
The Township Administrator or their designee shall issue a special use permit upon written application made by such person, partnership, association or corporation or combination thereof who proposes to maintain, conduct, promote or operate such event, together with the owner, lessor or licensor who proposes to rent, lease, license or otherwise permit such event, hereinafter collectively referred to as the "Applicant".
1. 
The Applicant shall file a verified application with the Administrator at least 15 days before the first day of advertising of the event and at least 90 days before the first day of such event.
2. 
If required by law, the Applicant shall file a verified application with the Mass Gathering Review Board pursuant to the provision of N.J.S.A. 5:11-1 et seq., the Mass Gathering Act, at least 15 days before the first day of advertising and at least 60 days before the first day of such event.
B. 
All applications shall be in such form as prescribed hereunder and shall be accompanied by the required filing fee of $1,000. This fee may be waived for bona fide nonprofit service organizations, qualified charities, qualified religious organizations and units of state and local governments.
C. 
The Administrator shall decide whether to issue a special use permit to the Applicant within 30 days of the receipt of the application, except for applications for a Public Rally which shall be granted or denied within two business days of the receipt of a fully completed application. Such special use permit shall contain such terms and conditions to ensure the public health, safety and welfare as may be necessary at the discretion of the Administrator. Should the Administrator reject the application, such rejection shall be set forth in writing and describe the reason for such rejection.

§ 181-408.18.03 Application Requirements.

A. 
The application shall be signed by all persons having a financial or controlling interest in the event and by the property owners on whose property the proposed event is to take place indicating their consent to the application.
B. 
For Public Entertainment. The special use permit application shall include the following information:
1. 
The applicant's full name, residence, telephone number, post office address and whether such applicant is an individual, partnership, firm, corporation or governmental unit or agency of the state or local government. All applicants shall submit a financial statement with their application, except that such statement shall not be required of units of State and local governments, and may be waived for nonprofit service organizations, qualified charities, and qualified religious organizations;
2. 
A diagrammatic sketch plan of the proposed site of the public entertainment showing the locations and dimensions of the proposed service roads, potable water facilities, sanitary facilities, sewage disposal facilities, medical service facilities, distribution of security personnel and provisions for food storage, as well as camping facilities and projected plans for enclosure, if necessary, of the proposed site;
3. 
A statement of the purposes of the gathering and a program of scheduled events;
4. 
If the property on which the gathering is to take place is not owned by the person(s) or entity(ies) organizing the public entertainment, then the names of the lessor or licensor and a copy of the lease or license between the owner and the person(s) or entity(ies) organizing the public entertainment, or other documents granting the right to use said property shall be provided;
5. 
A statement of the number of persons expected to attend such event and the duration of such attendance;
6. 
The specific details, including certified copies of contracts entered into or provisions relating to:
a. 
Food and drink.
b. 
Sanitary facilities.
c. 
Transportation and parking facilities.
d. 
Security and protection of surrounding area, including specific reference to the number of guards or special police assisting in the control of traffic and supervision of those attending. The contract should indicate the number of security guards in shifts to cover the event from a period of three days prior to the event until the area is cleaned and evacuated after the event. Such provisions shall be reviewed and approved by the Township Police Department,
e. 
On-site medical facilities and hospital care.
f. 
Janitorial services and post gathering trash removal. A contract indicating the number of janitorial and clean-up personnel in shifts to cover the area prior to the event, during the event and until the area is evacuated.
g. 
Outline of the action to be taken to ensure the cleanup and restoration of the area at which such event takes place within 48 hours after the close of the event.
h. 
Provisions for fire prevention and safety as recommended and approved by the Chief of the Township Fire Department or his designee.
7. 
A statement containing the names of licensed ticket printers to be used and the plans for assuring the return of monies upon the termination or cancellation of the events as well as the means of notifying potential and existing ticket holders or such cancellation;
8. 
Examples of proposed advertising of the event, if any;
9. 
Bond or other arrangement.
a. 
A certified copy of a bond or verified evidence of other suitable financial arrangements, as hereinafter required, must be attached to the application to include:
(i) 
Reimbursement to ticket purchases in the event of termination or cancellation of the event of or failure of the applicant to conduct the event as proposed and advertised;
(ii) 
Cleanup and restoration of the area at which such event takes place within 48 hours after the close of the event; and
(iii) 
Payment to any volunteer organizations of the Township who have agreed to provide services for the event.
b. 
The bond or other suitable financial surety arrangements shall be in accordance with the following formula: number of tickets printed times admission fee for each ticket printed plus $2 per printed ticket equals minimum amount of bond or other security, but in no event shall such bond or other suitable financial surety arrangements be less than $50,000;
10. 
An insurance policy covering liability, personal property and bodily damage in such amounts to be fixed by the Administrator in addition to Workers Compensation insurance if required pursuant to the terms and conditions of N.J.S.A. 40:52-1.1 and any other statutory insurance requirements.
C. 
The Applicant, prior to the event, shall post a bond or other financial surety arrangements suitable to the Administrator for the amount and surety, pursuant to the Township Code.
D. 
For All Other Events. The special use permit application shall include the following information:
1. 
The Applicant's full name, residence, telephone number, post office address and whether such applicant is an individual, partnership, firm, corporation or other entity or governmental unit or agency of the State or local government. All applicants shall submit a financial statement with their application, except that such statement shall not be required of a unit of state or local government. The provision of a financial statement and the requirements for same may be waived at the discretion of the Administrator;
2. 
A diagrammatic sketch plan of the proposed site of the public entertainment showing, to the extent applicable, the locations and dimensions of the proposed service roads, potable water facilities, sanitary facilities, sewage disposal facilities, medical service facilities, distribution of security personnel and provisions for food storage, as well as camping facilities and projected plans for enclosure, if necessary of the proposed site;
3. 
A statement of the purposes of the gathering and a program of events scheduled;
4. 
If the property on which the gathering is to take place is not owned by the person(s) or entity(ies) organizing the event, then the names of the lessor or licensor and a copy of the lease or license between the owner and the person(s) or entity(ies) organizing the event, or other documents granting the right to use said property shall be provided;
5. 
The specific details, to the extent applicable, including certified copies of contracts entered into or provisions relating to:
a. 
Sanitary facilities.
b. 
Transportation and parking facilities.
c. 
Security and protection of surrounding area, including specific reference to the number of guards or special police assisting in the control of traffic and supervision of those attending. The contract should indicate the number of security guards in shifts to cover the event from a period of three days prior to the event until the area is cleaned and evacuated after the event. Such provisions shall be reviewed and approved by the Township Police Department,
d. 
On-site medical facilities and hospital care.
e. 
Janitorial services and post gathering trash removal.
f. 
Outline of the action to be taken to ensure the cleanup and restoration of the area at which such event takes place within 48 hours after the close of the event.
g. 
Provisions for fire prevention and safety as recommended and approved by the Chief of the Township Fire Department or his designee.
6. 
An insurance policy covering liability, personal property and bodily damage in such amounts to be fixed by the Administrator in addition to Workers Compensation insurance if required pursuant to the terms and conditions of N.J.S.A. 40:52-1.1 and any other statutory insurance requirements.
The above provisions and the requirements for same may be waived at the discretion of the Administrator.
E. 
For all Events. Designated representatives of the Township Departments of Police, Fire and Health shall be permitted to inspect at any time the site of the event for the purpose of investigating the application and for the purpose of ensuring compliance with the provisions of this section.
F. 
Fee For all Events. A fee of $1,000 shall accompany each application unless exempt or waived under subsection 181-408.18.02.

§ 181-408.18.04 Hours of Operation.

All events shall cease operations no later than 12:00 midnight and shall be subject to the provisions of the Code of the Township of Hazlet Entitled "Curfew." All applicants shall be subject to the Code of the Township of Hazlet entitled "Noise."

§ 181-408.18.05 Compliance with Township Ordinances.

All applicants shall be subject to the Township's Development Review Ordinance, zoning and/or planning ordinances and shall secure any necessary approvals from the Township Zoning Board of Adjustment and/or Planning Board, if applicable.

§ 181-408.18.06 Appeal Process.

A. 
Public Rallies. Denial of a special use permit for a public rally by the Administrator shall be in writing and shall be mailed to the applicant on the address set forth in the application. Notice shall include the reasons for the refusal of said permit. If the applicant accepts the refusal of said permit, applicant shall acknowledge same in writing. If the applicant fails to sign the acceptance or takes no action, the Township may apply for a judicial determination and final hearing on the denial on the merits within two days of said denial. The Township may request a temporary restraining order and permanent restraints in order to effectuate its denial of the Special Use Permit.
B. 
All Other Events. In the event that the Administrator denies a Special Use Permit, it shall so advise the applicant, in writing, and include its reasons for the refusal of said Special Use Permit. The applicant shall have the right to appeal this decision to the Township Committee by serving written notice thereof to the Municipal Clerk within five business days of the date of said refusal. The applicant shall also serve a copy of said appeal on the Administrator at the same time, and said Administrator shall immediately forward the application and the reasons for its refusal to the Township Committee, which shall then consider the application and sustain or overrule such denial within 30 days from the receipt of the appeal by the Municipal Clerk. Subject to applicable law, the decision of the Township Committee shall be final.

§ 181-408.18.07 Violations and Penalties.

The penalties for the violation of this ordinance shall be a fine not to exceed $1,250 and/or incarceration in the County jail for not more than 90 days.

§ 181-409.01 Adult Entertainment Uses.

A. 
Adult entertainment uses may be permitted when authorized as a conditional use by the Planning Board in the BP-3 and I-A-1 Zone Districts in accordance with the following conditions:
1. 
In the BP-3 and I-A-1 Zone Districts, no adult entertainment use shall be permitted within 1,000 feet of another adult entertainment use, any lot or building used partially or wholly for residential purposes, a hospital, a nursing home, an assisted living facility, a school, a public facility, a day care or child-care center.
2. 
An adult entertainment use shall not be permitted in any area other than the BP-3 and I-A-1 Zone District.
B. 
Definitions. For the purpose of this Section, the terms used within this Ordinance shall be defined as follows:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, or mechanically controlled still or image-producing devices are maintained to show images to one person per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE OR ADULT VIDEO STORE
A commercial establishment which as its principal business (i.e., more than 25% of its floor space) conspicuously offers for sale or for rental for any form of consideration any one or more of the following: (1) books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations which depict or describe "specified anatomical areas;" or (2) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment which regularly features: (1) persons who appear in a "state of nudity" or a "state of semi-nudity;" or (2) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or (3) "adult entertainment."
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, video cassettes, slides or other photographic reproduction, live performance, display or dance of any type which has as its dominant theme, the depiction of or any actual or simulated "specific sexual activities" or "specified anatomical areas" as defined below.
ADULT MOTEL
A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration, and which (1) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions; or (2) offers a sleeping room for rent for a period of time that is less than 10 hours; or (3) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area."
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity of live performances which are characterized by the exposure of "specified anatomical areas" or by "specific sexual activities."
COMMERCIAL DISPLAY
The exhibition to the senses of another person for valuable consideration whether the valuable consideration is paid by the recipient of the exhibition or by another and whether the exhibition occurs at the exhibitor's place of business or elsewhere.
NUDITY OR THE STATE OF NUDITY
The appearance of a human bare buttock anus, male genitals, female genitals or female breasts with less than a fully opaque covering.
OBSCENE MATERIALS
The definition of obscene materials set forth in N.J.S.A. 2C:34-2 as same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI NUDITY OR A STATE OF SEMI NUDITY
A state of dress in which fully opaque clothing covers no more than the genitals, pubic region, and areolae of the female breast, exclusive of those portions of the body covered by straps or devices which support such clothing.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS
(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or (2) human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities set forth in (1) through (3).
C. 
Locational Limitations. It shall be a violation of this section if a person operates or causes to operate or allows to be operated any of the following uses.
1. 
Any sexually oriented business except an adult motel within 1,500 feet of a place of worship.
2. 
Any sexually oriented business, except an adult motel, within 500 feet of a school, whether public or private.
3. 
Any adult motel within 1,000 feet of any place of worship, school, whether public or private, any residence, or any other sexually oriented business.
4. 
Any sexually oriented business within 1,000 feet of any public park or playground.
5. 
Any sexually oriented business in any Zone District other than the BP-3 and I-A-1 Zone Districts.
D. 
Measurements. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest portion of the building or structure which is used as a place of worship, a school, the nearest boundary line of a lot devoted to residential use or a school bus stop.
E. 
Limitations Upon Nonconforming Uses A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the establishment of the sexually oriented business of a place of worship, school, public area, residence, or residential lot within those locational limitations imposed by paragraph C above.
F. 
Application of Ordinances Sexually oriented businesses shall conform with design standards, development and other requirements established through the ordinances of the Township of Hazlet.
G. 
Separate Offenses.
1. 
Each day that a sexually oriented business is in operation, in violation of paragraph C above, such day shall constitute a separate offense under this section.
2. 
Each separate film, video cassette or other visual reproduction of each showing of live entertainment which is displayed to another in violation of paragraph C above is a separate offense under this ordinance.

§ 181-409.02 Assisted Living Facilities.

Assisted living facilities may be permitted when authorized as a conditional use by the Planning Board in the SC-1 and SC-2 Zone District in accordance with the following conditions:
A. 
The facility shall provide individual apartment units with, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance;
B. 
A Certificate of Need from the New Jersey Department of Health and Senior Services shall be demonstrated;
C. 
Bulk Requirements.
Minimum lot area:
1 acre
Minimum front yard setback:
20 feet
Minimum side yard setback:
20 feet or the maximum height of the building, whichever is greater
Minimum rear yard:
15 feet
Maximum height:
40 feet and 3 stories
D. 
A buffer area of at least 15 feet in width shall be provided to adjacent residential uses, consisting of massed evergreen and deciduous plantings.
E. 
A porte-cochere may project 15 feet into the front yard setback area, provided adequate landscaping is provided between said porte-cochere and the front yard line.

§ 181-409.03 Automotive Body Repair and Painting.

Automotive body repair and painting may be permitted when authorized by the Planning Board in the I-A and I-A-1 Zone Districts in accordance with Section 181-404 as follows:
A. 
All lubrication, repair, painting, or similar activities shall be performed in a fully enclosed building. No exterior display or storage of parts shall be permitted.
B. 
No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage.
C. 
No vehicle awaiting repair or disposition at the repair garage shall be permitted on the premises for a period exceeding 10 days.
D. 
No more than 30% of the lot may be utilized for temporary outdoor vehicle storage. Regardless of lot area, a maximum of 15,000 square feet may be devoted to temporary outdoor vehicle storage.
E. 
A designated temporary outdoor storage area shall be enclosed by a continuous solid fence at least eight feet in height for screening purposes. The perimeter of said fence shall be generously landscaped with ornamental landscaping.
F. 
No temporary outdoor storage area shall be located within 20 feet of a residential zone district.
G. 
In addition to landscaping that is otherwise required pursuant to the provisions of this Ordinance, a minimum of 25% of the front yard shall consist of landscape screening of the building and front yard parking.
H. 
No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.

§ 181-409.04 Places of Worship.

A. 
Churches and other places of worship shall be permitted when authorized by the Planning Board in the R-125, R-100, R-70, R-50 and MDRT in accordance with the following:
1. 
The minimum lot area of 2 1/2 acres shall be required.
2. 
A minimum frontage shall be 200 feet in width, 75 feet front yard setback, 50 feet each side yard setback and 75 feet rear yard setback.
3. 
Where a combination of school and other religious activity use is proposed, the school shall be an accessory use.
4. 
The site shall have direct access to a street classified as a major collector or a secondary arterial road in the Township Master plan, as amended.
5. 
The traffic impact for the immediate area as well as the increased traffic volume being created by the proposed use shall be analyzed in a written form by a qualified traffic engineer and shall conclude that the proposed use satisfied the following:
(a) 
The additional traffic resulting from the proposed use will not exceed a volume/capacity ratio of 0.8 on the adjacent streets.
(b) 
The additional traffic resulting from the proposed use will not increase the peak volume by 10% or more.
6. 
Maximum site coverage shall not exceed 20% of the entire tract.
7. 
Subject to Performance Standards Section 181-402 of this Ordinance.
8. 
Subject to Performance and Design Standards Section 181-500 of this Ordinance.
[Ord. No. 9-16-08]

§ 181-409.05 Community Centers.

Community centers shall be permitted in the BN, BN1, BH, BP1, BP2 and BP3 Zone Districts in accordance with the following conditions:
A. 
The site includes or is in close proximity to open space which can be utilized for active recreation.
B. 
Direct access to at least a collector roadway to serve the use is available.
C. 
All interior areas designed for potentially noisy activities are sufficiently sound-insulated or separated from adjacent residential structures so as to avoid any noise nuisance.
D. 
Site exterior areas designated for active recreational use shall be screened consistent with the requirements of Section 181-503.
E. 
A twenty-five-foot wide planted screen meeting the standards contained in Section 181-503 shall be provided to all adjacent residential uses.

§ 181-409.07 Public Utility Facility.

Public utility uses may be permitted in the BN-1, BN-2, BP-1, BP-2, BP-3 and the CD Zone when authorized as a conditional use by the Planning Board in Accordance with the following conditions.
A. 
Site plans, specifications and a statement setting forth the need and purpose of the installation are filed with the board of jurisdiction.
B. 
Proof is furnished that the proposed installation in a specific location is necessary and convenient for the efficiency of the public or private utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is located.
C. 
The design of any building utilized in connection with such facility conforms to the general character of the area and shall in no way adversely affect the adjacent properties. No building may exceed 20 feet in height.
1. 
A continuous six-foot high board-on-board fence shall be provided to screen the public utility facility from public view and to ensure security. Other fence types that provide 50% visibility may be used, provided adequate, continuous landscaping is provided at the fence perimeter. Said plantings shall be evergreen, and shall be six feet high at the time of planting.
2. 
A structure associated with a public utility facility in a non-residential zone district may not be located closer than 50 feet to residential property line.
3. 
Building or mounted lighting fixtures may be utilized, provided shielding is provided to reduce glare to adjacent properties. Motion-sensitive lighting is encouraged.
4. 
Appropriate safety devices shall be provided at the public utility facility to ensure public safety.

§ 181-409.08 Self Storage Facility.

Public self-storage facility may be permitted in the I-A, I-A-1 Zone District when authorized by the Planning Board in accordance with the following conditions:
A. 
Such facility shall be limited to a maximum F.A.R. of 0.90.
B. 
No storage of hazardous or combustible materials shall be permitted.
C. 
No sale of material shall be permitted from the premises, except for the purpose of satisfying unpaid rent pursuant to law.
D. 
No animals or livestock shall be permitted on the premises.
E. 
No outside storage shall be permitted except that boats and recreational vehicles may be stored in the rear yard provided that they are properly screened from the traveling public in accordance with Section 181-503.
F. 
Buildings shall be separated a minimum of 35 feet except that the distance may be reduced to 25 feet in instances where no access to individual storage facilities is proposed. The reduction only applies where no access is allowed on both sides of the drive aisle.
G. 
The facility will be completely surrounded by architectural fencing or walls a minimum of six feet in height.
H. 
The facility shall be landscaped in accordance with Article V of this Ordinance.
I. 
A single residential unit for the use of a caretaker and immediate family shall be permitted.
J. 
Any other provisions not herein modified shall apply.

§ 181-409.09.01 Definitions.

ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
ANTENNA SUPPORT STRUCTURE
A structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
COLLOCATION
Use of a common PWTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a PWTF on a structure owned or operated by a utility or other public entity.
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFS)
Means accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITY (PWTFS)
Facilities for the provision of Wireless Communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers, and related facilities other than PWTEFs.
TELECOMMUNICATIONS TOWER
A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
WIRELESS COMMUNICATIONS
Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally-licensed amateur radio station operation or is used exclusively for receive only antennas, nor does it include non-cellular telephone services.

§ 181-409.09.02 Purpose and Goals.

The purpose of this section is to provide sound land use policies, procedures and regulations for personal wireless telecommunications facilities to protect the Township of Hazlet from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the Township of Hazlet with its benefits to residents and businesses. This section expresses a preference that antennas be located on existing buildings and towers, preferably on municipal or other public property, and not on newly constructed telecommunications towers; and encourages collocation and site sharing of new and existing PWTFs.

§ 181-409.09.03 Development Standards.

A. 
Height Standards. Where permitted, PWTFs may exceed the maximum building height limitations, provided the height has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate and complies with the additional setback requirements contained in paragraph B. below. PWTEFs are limited to 12 feet in height.
B. 
Setback Standards. All PWTF and PWTEF shall be set back a distance equal to 100% of the height of the tower from any adjoining lot line and all non-appurtenant buildings. In order to fulfill this requirement, the placement of all telecommunication towers shall be subject to the minimum yard requirements of the applicable zoning district in which it is located, provided that the prevailing setback in the applicable zone be increased by one foot for every one foot of tower height which is in excess of the height permitted according to the applicable zone.
There shall be a minimum telecommunication tower setback of 500 feet from any residential zone district line, school and/or site listed on a historic register.
There shall be a minimum separation distance of 1,000 feet between telecommunication towers to minimize proliferation of telecommunication towers and to encourage shared usage.
If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25% of the roof area.

§ 181-409.09.04 Location Priority.

If needed, in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Township of Hazlet, PWTFs and PWTEFs shall be permitted as a conditional use at the following prioritized locations:
A. 
The first priority location shall be on lands or structures owned by Hazlet Township;
B. 
The second priority location shall be on lands or structures located in the Industrial Assembly (I-A-1) zone districts;
C. 
The third priority location shall be collocation on existing PWTFs (or existing water tanks) provided that the new installation does not increase the height by more than 10%; and
D. 
The fourth priority location shall be such locations, excluding residential zones, as the applicant proves are essential to provide required service to the Township of Hazlet.

§ 181-409.09.05 Conditional Use Standards.

All PWTF and PWTEF shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under subsection 181-409.09.04, shall be deemed more acceptable than lower priority sites.
A. 
Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas and public ways. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
B. 
PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public ways. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
C. 
PWTFs and PWTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.

§ 181-409.09.06 Site Design Standards.

The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this section:
A. 
Collocation. Development Review Ordinance limitations on the number of structures on a lot shall not apply when PWTF and PWTEF are located on a lot with buildings or structures already on it.
B. 
Fencing and Other Safety Devices. PWTFs and PWTEFs shall be surrounded by a security feature, such as a fence. All telecommunications towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board or the Board of Adjustment.
C. 
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen and buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All PWTEF shall be screened by an evergreen hedge eight to 10 feet in height at planting time and a solid fence eight feet in height.
D. 
Signs. Signs shall not be permitted, except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any PWTF or PWTEF.
E. 
Color. PWTFs shall be of a color appropriate to the telecommunication tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
F. 
Activity and Access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for onsite maintenance and thereby to minimize the need for vehicular trips to and from the sites. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board or the Board of Adjustment.
G. 
Dish Antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet.
H. 
Lighting.
1. 
PWTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
2. 
No lighting is permitted on a PWTF except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
I. 
Monopole. Any proposed new telecommunications tower shall be a "mono-pole" unless the applicant can demonstrate, that a different type of pole is necessary for the collocation of additional antennas on the telecommunications tower. Such telecommunications towers may employ camouflage technology.
J. 
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.
K. 
Radio Frequency Emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of Radio Frequency (RF) emission and PWTFs which meet the FCC standards and shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and Radio Frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
L. 
Structural Integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
M. 
Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

§ 181-409.09.07 Collocation Policy.

A. 
The municipal engineer shall maintain an inventory of existing PWTF locations within or near the Township of Hazlet.
B. 
An applicant proposing a PWTF at a new location shall demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.
C. 
Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Township of Hazlet inventory, any such facilities in the abutting towns which provide service to areas within the Township of Hazlet, any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
D. 
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers' service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:
1. 
How the proposed location of the PWTF relates to the objective of providing full wireless communication services within the Township of Hazlet at the time full service is provided by the applicant throughout the Township of Hazlet.
2. 
How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the Township of Hazlet.
3. 
How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near the Township of Hazlet by the applicant and by other providers of wireless communication services within the Township of Hazlet.
4. 
How the proposed location of the proposed PWTF relates to the objective of collocating the antennas of many different providers of wireless communication services on the same PWTF; and
5. 
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the Township of Hazlet.
E. 
The Planning Board, or Board of Adjustment, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant and/or service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the Township of Hazlet's escrow provisions.

§ 181-409.09.08 Removal of Abandoned PWTFs.

Any PWTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single PWTF, then the abandonment shall not become effective until all users cease using the PWTF for a continuous period of 12 months. The owner of such PWTF shall remove same within 90 days of notice from the zoning officer that the PWTF is abandoned. If such PWTF is not removed within said 90 days, the municipality may remove such PWTF at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the one year reuse period may be extended for a period not to exceed one additional year.

§ 181-409.09.09 Nonconforming PWTFs.

PWTFs in existence on the date of the adoption of this Ordinance, which do not comply with the requirements of this section (nonconforming PWTFs) are subject to the following provisions.
A. 
Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this Ordinance.
B. 
Nonconforming PWTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than partial, then repair or restoration will require compliance with this section.
C. 
The owner of any nonconforming PWTF may repair, rebuild and/or upgrade (but not expand such PWTF or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.

§ 181-409.09.10 Additional Site Plan Submission Requirements.

A. 
In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the Planning Board or Board of Adjustment for review and approval as part of the site plan submission:
1. 
Documentation by a qualified expert regarding the capacity of any proposed PWTF for the number and type of antennas;
2. 
Documentation by a qualified expert that any proposed PWTF will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
3. 
A letter of intent by the applicant, in a form which is reviewed and approved by the Township Attorney, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and
4. 
A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed telecommunications tower and indicating its view from at least five locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.
B. 
If any section, paragraph, subsection, clause or provision of this section shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged, and the remainder of the section shall be deemed valid and effective.
C. 
This section shall become effective upon final adoption after publication and filing of a copy of the Monmouth County Planning Board in accordance with law.
D. 
Wireless telecommunication facilities may be permitted when authorized as a conditional use by the Planning Board in accordance with subsection 181-409.09.04 as follows:
1. 
General Requirements.
a. 
Principal or Accessory Use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or the co-location of an antenna on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
b. 
Leased Area. For purposes of determining whether the installation of a tower or antenna complies with zone regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
c. 
State or Federal Requirements. All wireless communication facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of a wireless telecommunication facility shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling Federal or State agency. Failure to bring a wireless telecommunication facility into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless telecommunications facility at the owner's expense.
d. 
Not Essential Services. Wireless telecommunication facilities shall be regulated and permitted pursuant to this se and shall not be regulated or permitted as essential services, public utilities or private utilities.
e. 
Site Plan Required. Site plan approval shall be required for all new telecommunication facilities including modifications to addition of new telecommunication facilities to pre-existing towers, buildings or other structures.
2. 
Antennas on Existing Structures. Any antenna that is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure provided:
a. 
Side- and roof mounted personal wireless facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.
b. 
The antenna complies with all applicable FCC and FAA regulations.
c. 
The antenna complies with all applicable building codes.
d. 
Equipment Structure. An equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures that are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof or other structure.
E. 
Co-location and Tower Reconstruction. Co-location of antennas by more than one carrier on existing towers and the reconstruction of existing towers shall be consistent with the following:
1. 
A tower that is modified or reconstructed to accommodate the colocation of additional antenna shall be the same tower type as the existing tower, unless reconstruction of a monopole is proposed.
2. 
Height. An existing tower may be modified or rebuilt to a height no taller than the existing tower height.
3. 
Reconstruction of existing towers.
a. 
Setbacks. The following setback requirements shall apply to the reconstruction of an existing tower:
b. 
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining non-residential lot line.
(i) 
Towers must be set back a distance equal to the height of the tower from any adjoining residential zone or property line.
(ii) 
Guys and accessory buildings must satisfy the minimum zone district setback requirements.
c. 
A tower that is being rebuilt to accommodate the co-location of an additional antenna may be relocated from its existing location, provided the foregoing setback requirements are met.
d. 
After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
e. 
A reconstructed tower shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color to reduce visual obtrusiveness.
4. 
Security. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with anticlimbing measures.
5. 
Lighting. No lighting is permitted on an existing or reconstructed tower except lighting that is specifically required by the FAA. Such required lighting shall be focused and shielded to reduce glare to adjacent and nearby properties to the greatest extent possible.
6. 
Ancillary Buildings.
a. 
Any proposed building enclosing related electronic equipment shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height.
b. 
Only one such building shall be permitted on the lot for each provider of wireless telecommunication services located on the site.
c. 
Such buildings must satisfy the minimum zone district setback requirements.
d. 
One light may be provided at the entrance of the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the site.
F. 
Abandonment or Discontinuation of Use.
1. 
At such time that a licensed carrier plans to abandon or discontinue operation of a wireless telecommunication facility, such carrier shall notify the Township Clerk by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunication facility shall be considered abandoned upon discontinuation of operations.
2. 
Upon abandonment or discontinuation of use, at the option of the Township, the carrier shall physically remove the facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
a. 
Removal of antennas, mount, equipment shelters and security barriers for the subject property;
b. 
Proper disposal of waste materials from the site in accordance with local, County and State solid waste disposal regulations;
c. 
Restoring the location of the facility to its original and/or natural condition, except that any landscaping and grading shall remain in the after-condition as deemed appropriate by the Township Engineer.
3. 
If a carrier fails to remove a wireless telecommunication facility in accordance with this section, the Township shall have the authority to enter the subject property and physically remove the facility. The board of jurisdiction shall require the posting of a bond at the time of approval to cover the costs for the removal of the facility.

§ 181-410 Signs.

Prior ordinance history includes portions of Ordinance Nos. 1381-06 and 1421-07.
No sign shall be constructed, erected, displayed, altered, relocated or reconstructed unless a permit shall have first been obtained from the Zoning Official.
No person shall make application for the issuance of a sign permit without first obtaining the written consent of the owner of subject property. Consent shall be submitted at the same time as the application.
When the owner or lessee of a sign vacates the premises upon which the sign is located, sign(s) must be removed unless the new owner or lessee intends on using the existing sign(s) without alteration, only exception permitted shall be to swap out the plastic face changing one name to another.
A. 
General Regulations. The following regulations shall apply to all permitted signage and all preexisting nonconforming signage:
1. 
No sign shall be placed so as to interfere with or be mistaken for a traffic light or similar device or with traffic visibility.
[Ord. No. 1523-13 § 1]
2. 
No sign shall have admonitions such as "Stop," "Go," "Stop," "Danger," etc. that may be confused with traffic directional signage.
3. 
No sign other than an official traffic control device or street sign shall be placed within or encroach upon the right-of-way.
4. 
No sign shall be constructed, placed or erected that will violate any health, light, safety or air regulations as defined in the New Jersey Uniform Construction Code.
5. 
No sign to be located on the roof of any building.
6. 
Signs attached to a principal structure shall not be erected on, attached to or extend above the roofline or parapet, or project above the elevation of the wall to which it is attached.
7. 
There shall be no flashing, moving, rotating or motion signs.
8. 
There shall be no streamers or pennant flags permitted.
9. 
There shall be no neon signage permitted.
10. 
No sign shall be placed within 100 feet of the property line of any historical site or monument.
11. 
Illumination devices such as floor or spot lights shall be placed and shielded to prevent any spillage onto neighboring property and approaching vehicles.
12. 
No portion of any sign shall have less than a ten-foot clearance over a pedestrian walkway.
13. 
No signs are permitted on trees or utility poles in any zone district.
14. 
No sign shall be painted on or affixed to fences, water towers, storage tanks or similar structures.
15. 
No billboard signs are permitted.
16. 
A sign existing on the effective date of the adoption of this section (adopted June 4, 2012 by Ordinance No. 1506-12) which does not conform to any provision thereof, shall be deemed a nonconforming use and may be continued, maintained and repaired upon its present location, provided that such sign was lawful under prior ordinance.
17. 
Any legal nonconforming sign on any premises involving a change in tenancy or involving a change in the physical appearance of such sign shall revoke the nonconforming rights. Nothing herein shall prohibit the normal maintenance of a legal nonconforming sign, such as bulb replacement, painting, replacement of existing lettering or swapping out the plastic face.
18. 
Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this chapter and was issued a zoning and construction permit.
19. 
Any new signage hereafter placed, either for a new building or a change in tenancy of an existing building shall comply with all the provisions of this chapter.
B. 
Filing Procedure and Permits. A permit shall be required for the erection, placement, alteration or reconstruction of any sign, except as noted in paragraph C below. A filing fee of $50, made payable to the Township of Hazlet to cover the administrative cost is required to be submitted with a completed zoning application along with a photograph of the existing signage, a colored rendering of the proposed signage and a certified survey or site plan depicting the location of the proposed signage.
C. 
Signs That Do Not Require a Permit. The following signs may be placed, erected and maintained without obtaining a permit from the Zoning Official.
1. 
Any sign not exceeding three square feet in area, non-flashing and containing no color illumination. If not attached to the building it shall be setback at least five feet from the nearest road right-of-way line and at least five feet from the nearest property line. No more than one sign shall be erected for each permitted use or dwelling unit.
2. 
Any temporary non-illuminated real estate sign not to exceed 12 square feet in area, setback at least five feet from the nearest road right-of-way line and at least five feet from the nearest property line. No more than one sign shall be erected for each permitted use or dwelling unit. Sign shall be removed no more than 30 days after the sale. One open house sign is permitted on the property and shall be placed no earlier than two hours before the open house begins and removed immediately upon its conclusion and shall not be permitted on County roads, State highways or other major arteries.
3. 
Any non-illuminated sign advertising the sale of farm products grown or produced on the premises, in any of the zoning districts where an agricultural use is permitted, provided sign shall not exceed 12 square feet in area, setback at least 100 feet from the nearest intersection of a street, road or highway and at least five feet from the nearest property line.
4. 
Any temporary non-illuminated construction site sign not to exceed eight square feet in area, setback at least five feet from road right-of-way and at least five feet from property line, and shall remain on site until work has been completed on the premises. Such sign is to call attention to mechanics, painters, landscapers, contractors, etc.
5. 
Any non-illuminated sign incident to the legal process of law and necessary to the public welfare such as hospital, community center, public or private school, place of worship, Chamber of Commerce and shall not exceed three square feet in area.
6. 
Any event of public interest such as local, County, State, volunteer fire departments, church, public meeting or other similar community activities and campaigns not to exceed three square feet in area. Sign shall be removed no more than three days after the event.
7. 
Any non-illuminated customary warning, trespassing and posted signs or signs indicating private property or driveway provided they do not exceed three square feet in area.
8. 
Directional signs shall give vehicular and pedestrian instructions on site. Directional signs (entrance, exit, one-way, do not enter, etc.) shall not exceed three square feet in area.
9. 
Signs within the interior of a structure designed to be seen and read from the exterior relating to the business conducted within shall not exceed 30% of window area.
10. 
Any temporary non-illuminated political sign in a residential neighborhood must adhere to:
a. 
Sign shall not exceed three square feet in area.
b. 
Permitted to be placed on window, lawn or automobile.
c. 
One sign per candidate.
d. 
Setback of at least five feet from the street line must be maintained.
e. 
Shall not be placed or erected more than 30 days prior to the election.
f. 
Sign must be removed no more than seven days after the election.
11. 
Any temporary non-illuminated political sign on commercial property must adhere to:
a. 
Sign shall not exceed eight square feet in area.
b. 
Permitted to be placed on private property only with the owner's consent.
c. 
Signs shall not be placed in public right-of-way, State highways, including utilities poles, public easements and sidewalks.
d. 
One sign per candidate.
e. 
Shall not be placed or erected more than 30 days prior to the election.
f. 
Sign must be removed no more than seven days after the election.
D. 
Signs in Residential Zone. The following types of signs shall be permitted in all residential zones.
1. 
All signs specified in paragraphs C1-C10 above.
2. 
Subdivisions with two or more homes for sale may advertise on a non-illuminated sign not to exceed 32 square feet in area, set back 25 feet from a street or property line, not more than one sign is permitted unless the property fronts on more than one street, one sign per street. Signs shall be removed when the last certificate of occupancy is issued for the development.
E. 
Signs in Nonresidential Zone.
1. 
Business Highway (BH).
a. 
Facade Signs.
(i) 
One sign per business for each street frontage requiring a twenty-five-foot front setback.
[Ord. No. 1523-13 § 2]
(ii) 
Sign shall not exceed two square feet per one foot of building width dedicated to the specific business or 100 square feet, whichever is smaller.
(iii) 
Sign shall not project more than 12 inches from the building facade to which it is attached; where a sign extends more than three inches from the facade, the bottom of the sign shall not be closer than 10 feet to the ground.
(iv) 
Signs shall not have a vertical dimension that exceeds four feet.
a-1. 
Big Box Shopping Centers. Big box shopping centers with an area of 65,000 square feet or more.
(i) 
Logo wall signs no greater than eight feet in diameter and not to exceed 64 square feet per sign.
(ii) 
Signs shall not have a vertical dimension greater than five feet.
(iii) 
All tenant sign cabinets shall be uniform in appearance and size which shall be no greater than three feet in height by 11 feet in length. Signs that promote individual branding of franchise businesses may have their own color within the cabinet.
(iv) 
Sign shall not exceed two square feet per one foot of building width dedicated to the specific business.
(v) 
Sign shall not project more than 12 inches from the building facade to which it is attached; where a sign extends more than three inches from the facade, the bottom of the sign shall not be closer than 10 feet to the ground.
(vi) 
All standards and regulations contained in 181-410 E.1.b Pylon Signs and 181-410 E.1.c. Freestanding Signs shall be applicable to this Section.
[Ord. No. 1523-13 § 3]
b. 
Pylon Signs.
(i) 
One sign per shopping center for each street frontage, requiring a twenty-five foot front setback.
(ii) 
If the center has two frontages; signs shall be no closer than 50 feet from one another.
(iii) 
Sign shall not exceed 100 square feet on any one surface.
(iv) 
Sign shall not exceed height of 25 feet.
(v) 
Bottom edge of sign shall not be less than 10 feet above the ground.
(vi) 
Supporting frames shall be permanent material such as steel, concrete or masonry.
(vii) 
Numerical address required on face of sign or supporting frame.
(viii) 
Sign permitted to be internally illuminated with non-glaring lights. No flashing or electronic reader boards permitted.
c. 
Freestanding Signs.
(i) 
One sidewalk sign, commonly known as a sandwich board, shall be permitted for each registered business to be placed along the front interior sidewalk of the center, shall not be permanently affixed to the ground and shall be placed no more than 10 feet from the registered business and shall be removed at the close of business each day. Sign shall not exceed 24 inches by 36 inches, shall not be illuminated or contain any flashing.
(ii) 
A shopping center that abuts Highway 35 and 36 frontage may allow up to five registered businesses at any one time in their center to place a sign no larger than four feet by four feet, non-illuminated, non-flashing along the highway frontage. Such sign shall be housed within a professionally made frame, securely anchored and shall not cause any site obstructions. The owner of the property shall be the responsible party to enforce the maximum of five businesses at any one time.
2. 
Business Neighborhood (BN-1, BN-2).
a. 
Directory Ground Signs.
(i) 
One sign per complex for each street frontage, requiring a fifteen-foot setback.
(ii) 
If the complex has two frontages; signs shall be no closer than 30 feet from one another.
(iii) 
Signs shall be no larger than four feet wide by five feet high with a minimum of 12 inches from existing grade to bottom edge of sign.
(iv) 
Sign shall consist of an address area with a maximum of three square feet and a directory area with a maximum of nine square feet each side.
(v) 
Sign may be internally illuminated or lit by a ground light, provided there is no spillage of rays onto neighboring property or approaching vehicles.
(vi) 
Low lying landscape plantings will be permitted; provided that a plan is reviewed and approved by the Township Zoning Official prior to planting.
b. 
Facade Signs.
(i) 
One sign per business.
(ii) 
Sign shall not exceed two square feet per one foot of building width dedicated to the specific business or 60 square feet, whichever is smaller.
(iii) 
Signs shall not project more than 12 inches from the building facade to which it is attached; where a sign extends more than three inches from the building facade the bottom of sign shall not be closer than 10 feet to the ground.
(iv) 
Signs shall not have a vertical dimension in excess of 1 1/2 feet.
3. 
Business Professional (BP-1).
a. 
Pylon Sign.
(i) 
One sign per complex for each street frontage, requiring a twenty-five foot front setback.
(ii) 
If the complex has two frontages; signs shall be no closer than 50 feet from one another.
(iii) 
Sign shall not exceed 50 square feet on any one surface.
(iv) 
Sign shall not exceed height of 25 feet.
(v) 
Bottom edge of sign shall not be less than 10 feet above the ground.
(vi) 
Supporting frames of sign shall be permanent material such as steel, concrete or masonry.
(vii) 
Numerical address required on face of sign or supporting frame.
(viii) 
Sign permitted to be internally illuminated with non-glaring lights. No flashing or electronic reader boards permitted.
b. 
Facade Signs.
(i) 
One sign per business.
(ii) 
Sign shall not exceed two square feet per one foot of building width dedicated to the specific business or 100 square feet, whichever is smaller.
(iii) 
Sign shall not project more than 12 inches from the building facade to which it is attached; where a sign extends more than three inches from the building facade the bottom of sign shall not be closer than 10 feet to the ground.
(iv) 
Signs shall not have a vertical dimension that exceeds three feet.
4. 
Business Professional (BP-2).
a. 
Directory Ground Signs.
(i) 
One sign per complex for each street frontage, requiring a fifteen-foot setback.
(ii) 
If the complex has two frontages; signs shall be no closer than 30 feet from one another.
(iii) 
Signs shall be no larger than four feet wide by five feet high with a minimum of 12 inches from existing grade to bottom edge of sign.
(iv) 
Sign shall consist of an address area with a maximum of three square feet and a directory area with a maximum of nine square feet each side.
(v) 
Sign may be internally illuminated or lit by a ground light, provided there is no spillage of rays onto neighboring property or approaching vehicles.
(vi) 
Low lying landscape planting will be permitted; provided that a plan is reviewed and approved by the Township Zoning Official prior to planting.
5. 
Business Professional (BP-3).
a. 
Pylon Sign.
(i) 
One sign per complex for each street frontage, requiring a twenty-five foot front setback.
(ii) 
If the complex has two frontages; signs shall be no closer than 50 feet from one another.
(iii) 
Sign shall not exceed 50 square feet on any one surface.
(iv) 
Sign shall not exceed height of 25 feet.
(v) 
Bottom edge of sign shall not be less than 10 feet above the ground.
(vi) 
Supporting frames of sign shall be permanent material such as steel, concrete or masonry.
(vii) 
Numerical address required on face of sign or supporting frame.
(viii) 
Sign permitted to be internally illuminated with non-glaring lights. No flashing or electronic reader boards permitted.
b. 
Facade Signs.
(i) 
One sign per business.
(ii) 
Sign shall not exceed two feet by one foot of building width dedicated to the specific business or 100 square feet, whichever is smaller.
(iii) 
Sign shall not project more than 12 inches from the building facade to which it is attached; where a sign extends more than three inches from the building facade the bottom of sign shall not be closer than 10 feet to the ground.
(iv) 
Sign shall not have a vertical dimension that exceeds three feet.
6. 
Industrial Marina (IM), Industrial Assembly (IA-1, IA-2)
a. 
Pylon Sign.
(i) 
One sign for each street frontage, requiring a twenty-five-foot setback.
(ii) 
If there are two frontages; signs shall be no closer than 50 feet from one another.
(iii) 
Sign shall not exceed 50 square feet on any one surface.
(iv) 
Sign shall not exceed height of 15 feet.
(v) 
Bottom edge of sign shall not be less than 10 feet above the ground.
(vi) 
Supporting frames of sign shall be permanent material such as steel, concrete or masonry.
(vii) 
Numerical address required on face of sign or supporting frame.
(viii) 
Sign permitted to be internally illuminated with non-glaring lights. No flashing or electronic reader boards permitted.
b. 
Facade Signs.
(i) 
A sign attached to the main building shall be restricted in area to 10% of the wall area, including windows and doors.
7. 
Commercial District (CD).
a. 
Facade Signs.
(i) 
One sign per business.
(ii) 
Sign shall not exceed two square feet per one foot of building width dedicated to the specific business or 100 square feet, whichever is smaller.
(iii) 
Sign shall not project more than 12 inches from the building facade to which it is attached; where a sign extends more than three inches from the facade the bottom of sign shall not be closer than 10 feet to the ground.
(iv) 
Signs shall not have a vertical dimension that exceeds four feet.
b. 
Pylon Signs.
(i) 
One sign in the commercial district along Highway 35, requiring a twenty-five-foot setback.
(ii) 
Sign shall not exceed 200 square feet on any one surface.
(iii) 
Bottom edge of sign shall not be less than 10 feet above the ground.
(iv) 
Supporting frames shall be permanent material such as steel, concrete or masonry.
(v) 
Numerical address required on the face of sign or supporting frames.
(vi) 
Sign permitted to be internally illuminated with non-glaring lights, no flashing or electronic reader boards permitted.
8. 
Automobile and Gasoline Service Station.
a. 
One freestanding/pylon sign internally illuminated advertising the name of the station or garage; including any special company or brand name, insignia or emblem, and shall be setback a minimum of five feet within the property line. The sign shall not exceed 50 square feet on any one surface, shall not be less than 10 feet or more than 20 feet above the ground and the supporting frames shall be permanent material such as steel, concrete or masonry.
b. 
Two temporary signs located inside the property line along each street frontage that specifically advertises special seasonal servicing of automobiles, provided that such sign does not exceed three feet in height and 2 1/2 feet in width.
9. 
Temporary Signs.
a. 
Grand Opening Banner. One professionally made, non-illuminated banner shall be permitted for each new business obtaining a certificate of occupancy. The size shall not exceed four feet wide by eight feet long and shall be attached to the building facade over the specific business for a period not to exceed 60 days. Written permission from the landlord and approval from the Zoning Official is required prior to placement. Permit fee: $10.
b. 
Special sale, advertising and event signs for each registered business that has frontage along the Highway 35 and 36 corridor: One professionally made, non-illuminated, non-flashing, housed within a frame securely anchored to the ground and shall not cause any site obstructions, not to exceed four feet in height by four feet in length shall be permitted. The landlord or owner of the premises shall be the responsible party to maintain the record that permits a maximum of five registered businesses at any one time. Written permission from the landlord and approval from the Zoning Official is required prior to placement. Permit fee: $10.
c. 
Pennant flags are not permitted within any zone district without receiving prior site plan approval from the Hazlet Township Planning Board or Zoning Board of Adjustment.
10. 
Fee.
a. 
$1 per square foot, minimum $10.
[Ord. No. 1506-12]

§ 181-411 HEIGHT EXEMPTIONS AND PERMITTED PROJECTIONS.

A. 
Height Exemptions. The maximum height requirements for each zone district shall apply to all structures in all zone districts, except as follows:
1. 
Chimneys, flues, ventilators, skylights, towers, water tanks, cooling towers, church spires, cupolas, belfries, clock towers, flagpoles and all other decorative features and necessary mechanical appurtenances and similar features usually carried above the roof level, shall be exempt from the height provisions of this Ordinance provided:
a. 
The aggregate area covered by all such features shall not exceed 20% of the area of the roof of the building of which they are a part.
b. 
The height of each such feature shall not exceed four feet above the level of such roof, except for church spires which may exceed the required height by 35 feet.
c. 
All such features shall be constructed, or enclosed within walls, of a material and design in harmony with that of the main walls of the building of which they are a part.
2. 
Where the height of a building conforms to the requirements of this Ordinance on that side or sides thereof which face(s) the street, but where, due to the topography of the lot, the height is in excess of the requirements along one or more sides of such building other than the side or sides which face(s) the street, the Zoning Officer may issue a zoning permit provided that at no point along the periphery of the building does the height thereof exceed by 10 feet, and/or by one story, the maximum height prescribed by this Ordinance for the zone district in which such building is located.
3. 
Parapet walls not extending more than four feet above the maximum height limitation shall be exempt from height requirements set forth in this Ordinance.
B. 
Permitted Projections. The following shall not be considered to be obstructions and shall be permitted when located in a required yard and/or setback area:
1. 
Fire escapes, provided they do not project more than four feet into a required yard and they are no closer than two feet to a property line. Fire escapes are not permitted in a front yard;
2. 
Weather protecting and energy efficiency enhancing front door enclosures that project no more than five feet into a required front setback area, and are no larger than 40 square feet in total area, provided the principal structure complies with the required front yard setback;
3. 
Ground story bay windows, provided they project no more than two feet into the required yard;
4. 
Cornices, eaves, cantilevered roofs, gutters and chimneys, provided they do not project more than 24 inches from an exterior building wall into any required yard setback, and provided they remain at least two feet from all yard lines;
5. 
Entrance platforms and steps leading to a basement or first floor, provided they do not project more than four feet into a required side or rear yard setback. Front yard steps may project four feet into the required front yard setback.

§ 181-412 FLOOD HAZARD REGULATIONS.

A. 
Purpose. In order to prevent the inappropriate development of flood-prone lands within the Township of Hazlet, County of Monmouth, State of New Jersey, and to further provide regulations, standards, criteria, procedures and goals designed to control and regulate development of lands within the defined flood hazard areas, certain flood plain areas are hereby established. The Flood Plain Areas are divided into three categories and are defined as follows:
1. 
Channel. This zone shall consist of the areas between the top of the banks of any watercourse, with or without continuous flow, where-in surface water or potential surface water are contained under conditions less than flood stage. This land shall also consist of lands lying between two or more channels of the same watercourse.
2. 
Floodway. This zone shall consist of an area on each side of any channel and including the channel with or without continuous flow, with dimensions as established or amended from time to time by the Water Policy Commission, Department of Conservation and Economic Development and Department of Environmental Protection, of the State of New Jersey.
3. 
Flood Hazard Area. This zone shall consist of the relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water as shown on a map entitled "Flood Hazard Map of the Township of Hazlet" and duly adopted by the Township Committee of the Township of Hazlet on June 11, 1974, as part of the official zoning map of the Township of Hazlet with the amendment that the Hazlet Planning Board may from time to time designate additional lands to the Flood Plain Zone as may be necessary to control flooding and prevent dangers to human life and property.
B. 
Applicability. The following zones contained in the Flood Hazard Map of the Township of Hazlet as adopted shall be superimposed on existing Land Use Zones and shall supersede and take precedence over existing regulations since these lands are subject to flooding and the dangerous effects thereof.
C. 
Permitted Uses.
1. 
Channel.
a. 
Installation of flood preventive structures, equipment, storage basins or channels as part of any approved Federal, State, County or Municipal program to alleviate the overall flood problem of the region.
b. 
Municipal, County or State park and recreational area.
c. 
Landfill and excavation operations conducted and/or approved by governmental agencies in connection with stream improvements, cleaning, de-snagging and stabilization.
2. 
Floodway.
a. 
Installation of flood preventative structures, equipment, storage basins or channels as part of any approved Federal, State County or Municipal program to alleviate the overall flood problem of the region.
b. 
Municipal, County or State park and recreational area.
c. 
Landfill and excavation operations conducted and/or approved by governmental agencies in connection with stream improvements, cleaning, de-snagging and stabilization.
d. 
Subsurface structures, utilities, shelter or storage facilities necessary so that the safety, welfare and health of the overall community will be adequately protected against flooding.
3. 
Flood hazard area.
a. 
Installation of flood preventative structures, equipment, storage basins or channels as part of any approved Federal, State County or Municipal program to alleviate the overall flood problem of the region.
b. 
Municipal, County or State park and recreational area.
c. 
Landfill and excavation operations conducted and/or approved by governmental agencies in connection with stream improvements, cleaning, de-snagging and stabilization.
d. 
Floodproof alterations to existing uses provided, however, that no new excavation or foundation is necessary for said alteration and provided that all other requirements of the existing ordinances and regulations of the Township of Hazlet permit said alterations.
e. 
Subsurface structures, utilities, shelter or storage facilities necessary so that the safety, welfare and health of the community is adequately protected against flooding.
4. 
One Family Dwelling.
a. 
Procedures.
(i) 
Preliminary Review. Before making formal application to the Planning Board, the applicant shall arrange to meet with the Township Engineer, Zoning Officer and Planning Director. The purpose of this meeting shall be to advise the applicant as to the need for such data, information, maps or plans consistent with the proposed use and its location in the flood plain.
(ii) 
Site Plan Application. The applicant shall apply to the Planning Board for a site plan of the proposed use. The Planning Board shall refer the applicant to the New Jersey State Division of Water Policy and to the Monmouth County Planning Board for a report and recommendation. The Planning Board shall not take action on the application until such reports are received or until 60 days shall have elapsed from the date of such reference without receipt of a reply.
(iii) 
Site plan application shall include the following information:
(a) 
The existing and proposed contours at a contour interval of one foot.
(b) 
The proposed elevations of the levels of the lands involved at the corners of the foundation of any structure or structures.
(c) 
The lowest elevation of the lowest proposed area within any proposed structure after its completion.
(d) 
The layout of existing and proposed improvements, public streets, and the nature, extent and location of existing and proposed public utilities servicing and to service the premises in question and flood-proofing measures to be applied.
(e) 
The complete details, elevations, flood-proofing, etc. of any pumping facilities.
(f) 
The location and elevation of any water course, channel, floodway, flood hazard zone affecting the site.
(iv) 
The Planning Board shall not approve any site plan required in any flood plain area unless and until it is satisfied that the following requirements have been met.
(a) 
The lowest floor including cellar and essential services of any proposed structure will be at least one foot above flood hazard area design flood profile;
(b) 
Proper facilities have been or will be provided for the flood proof disposal of sewage and of surface water;
(c) 
Any proposed structure, which when built, can be occupied and can be flood-proofed without peril to the health or safety of the occupant; and
(d) 
Any proposed structure will not impede the flow of surface waters through any existing or proposed swale or other watercourse;
(e) 
In cases of doubt or uncertainty as to the exact limit of the floodway or flood hazard area in a proposed development, the Township Engineer may, upon the application and with the consent of the landowner, determine the precise location of a floodway or flood hazard limit by close inspection, field survey or other appropriate method, and cause the same to be marked on the ground, notifying the landowner, the Construction Code Official and the Board of the results thereof.
(v) 
In acting upon any application for site plan approval in the flood plain zone, the Planning Board shall consider such factors as the following:
(a) 
Flood protection of persons and property involved in the development. Such protection shall not be avoided by waiver of the applicant.
(b) 
Flood protection of persons and property which might be affected by the development of flood plain lands.
(c) 
Accessibility of lands to public safety equipment before and during flood period.
(d) 
Obstruction to downstream flow of flood waters.
(e) 
Reduction in flood plain storage capacity.
(f) 
Location of key facilities and utilities and their continued satisfactory floodproof operation in times of flood.
(g) 
Pollution of waters by the proposed development of land and safeguards relative to that pollution.
(h) 
Submission of proposed building plans and their design to prevent flotation or collapse in the flood plain zone.
(vi) 
If the application for site plan approval shall be recommended for approval by the Planning Board with or without conditions, the Construction Code Official shall issue a permit for the development in accordance with approval and/or conditions but such permit shall not relieve the applicant from complying with such other laws and ordinances as shall be applicable. If the application is denied, the applicant shall be notified.
(vii) 
If the person shall be aggrieved by any action of the Planning Board or Township Engineer, he may appeal in writing to the Township Committee within 10 days after the date the applicant is notified of such action. The Township Committee shall fix and notify appellant of a time and place for a public hearing on said appeal, and the appellant shall cause notice of such hearing to be published in a newspaper circulating in the Township at least 10 days prior to the hearing. All parties in interest shall be afforded an opportunity to be heard thereafter. After such hearing, the Township Committee shall affirm or reverse the action of the Planning Board or Township Engineer stating its findings and reasons for its action, and a written copy of such action shall be given to the appellant.

§ 181-413 FLOOD DAMAGE PREVENTION. [1]

[1]
Editor's Note: Former § 181-413, Flood Damage Prevention, was repealed by Ord. No. 1735-24. Prior history includes Ord. No. 1460-09; Ord. No. 1521-13

§ 181-413.01 Scope and Administration.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.01.01 Title.

[Added 2-27-2024 by Ord. No. 1735-24]
These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as "the Floodplain Management Regulations of Township of Hazlet" (hereinafter "these regulations").

§ 181-413.01.02 Scope.

[Added 2-27-2024 by Ord. No. 1735-24]
These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Section 181-413.02 of these regulations.

§ 181-413.01.03 Purposes and Objectives.

[Added 2-27-2024 by Ord. No. 1735-24]
The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
A. 
Protect human life and health.
B. 
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
C. 
Manage the alteration of natural floodplains, stream channels and shorelines.
D. 
Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
E. 
Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
F. 
Contribute to improved construction techniques in the floodplain.
G. 
Minimize damage to public and private facilities and utilities.
H. 
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
I. 
Minimize the need for rescue and relief efforts associated with flooding.
J. 
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
K. 
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
L. 
Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.

§ 181-413.01.04 Coordination with Building Codes.

[Added 2-27-2024 by Ord. No. 1735-24]
Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Hazlet administer and enforce the state building codes, the Township Committee of the Township of Hazlet does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

§ 181-413.01.05 Ordinary Building Maintenance and Minor Work.

[Added 2-27-2024 by Ord. No. 1735-24]
Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the substantial damage and substantial improvement Section 181-413.03.16 of this ordinance.

§ 181-413.01.06 Warning.

[Added 2-27-2024 by Ord. No. 1735-24]
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

§ 181-413.01.07 Other Laws.

[Added 2-27-2024 by Ord. No. 1735-24]
The provisions of these regulations shall not be deemed to nullify any provisions of local, state, or federal law.

§ 181-413.01.08 Violations and Penalties for Noncompliance.

[Added 2-27-2024 by Ord. No. 1735-24]
A. 
No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this ordinance or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
B. 
Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a 30-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
C. 
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance but shall be calculated separately from the fine imposed for the violation of the ordinance.

§ 181-413.01.09 Solid Waste Disposal in a Flood Hazard Area.

[Added 2-27-2024 by Ord. No. 1735-24]
Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

§ 181-413.01.10 Abrogation and Greater Restrictions.

[Added 2-27-2024 by Ord. No. 1735-24]
These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

§ 181-413.02 Applicability.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.02.01 General.

[Added 2-27-2024 by Ord. No. 1735-24]
These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

§ 181-413.02.02 Establishment of Flood Hazard Areas.

[Added 2-27-2024 by Ord. No. 1735-24]
A. 
The Township of Hazlet was accepted for participation in the National Flood Insurance Program on December 1, 1982. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file at the office of the Zoning Official 1776 Union Avenue, Union Avenue, Hazlet, New Jersey. The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:
1. 
Effective flood insurance study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study Volume 1 of 3 Monmouth County dated September 25, 2009, revised June 20, 2018, and June 15, 2022, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 181-413.02.02(1) whose top level document (appendix map) effective date is September 25, 2009, are hereby adopted by reference.
Table 181.413.02.02(1)
Map Panel #
Effective Date
Suffix
34025C0029
September 25, 2009
F
34025C0033
September 25, 2009
F
34025C0034
September 25, 2009
F
34025C0037
September 25, 2009
F
34025C0039
September 25, 2009
F
34025C0041
September 25, 2009
F
34025C0042
September 25, 2009
F
2. 
Federal best available information. The Township of Hazlet shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as advisory flood hazard area maps, work maps or preliminary FIS and FIRM). Additional federal best available studies issued after the date of this ordinance must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 181-413.02.02(2)
Map Panel #
Preliminary Date
34025C0029G
January 30, 2015
34025C0033G
January 30, 2015
34025C0034G
January 31, 2014
34025C0037G
January 31, 2014
34025C0041G
January 31, 2014
34025C0042G
January 31, 2014
3. 
Other best available data. The Township of Hazlet shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Hazlet. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Section 181-413.02.02A1 and 2, above. This information shall be used for floodplain regulation purposes only.
4. 
State regulated flood hazard areas. For state regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation," as defined in Section 181-413.09 and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 181-413.02.02(3) List of State Studied Waters
Name of Studied Water
File Name
Map Number
Rammanessin Brook,
Hop Brook
O0000023
Sheet 22
Waackaack Creek,
Mahoras Brook
O0000024
Sheet 23

§ 181-413.02.03 Establishing the Local Design Flood Elevation (LDFE).

[Added 2-27-2024 by Ord. No. 1735-24]
A. 
The local design flood elevation (LDFE) is established in the flood hazard areas determined in Section 181-414.02.02, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this ordinance. At a minimum, the local design flood elevation shall be as follows:
1. 
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in Section 181-413.02.02, above plus three feet or as described by N.J.A.C. 7:13 of freeboard; or
2. 
For any undelineated watercourse (where mapping or studies described in Section 181-413.02.02A1 and 2 above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
a. 
A copy of an unexpired NJDEP Flood Hazard Area Verification plus three feet of freeboard and any additional freeboard as required by ASCE 24; or
b. 
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus three feet of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Sections 181-413.05.02 and 181-413.05.03.
3. 
AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus three feet of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
4. 
Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional three feet of freeboard in accordance with ASCE 24.
5. 
Class III critical facilities. For proposed development of new and substantially improved flood design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional three feet of freeboard in accordance with ASCE 24.

§ 181-413.03 Duties and Powers of the Floodplain Administrator.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.03.01 Floodplain Administrator Designation.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Manager is the designated Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

§ 181-413.03.02 General.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Section 181-413.07 of these regulations.

§ 181-413.03.03 Coordination.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

§ 181-413.03.04 Duties.

[Added 2-27-2024 by Ord. No. 1735-24]
The duties of the Floodplain Administrator shall include but are not limited to:
A. 
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 181-413.02 of these regulations.
B. 
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
C. 
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
D. 
Determine whether additional flood hazard data shall be obtained or developed.
E. 
Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.
F. 
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 181-413.03.16 of these regulations.
G. 
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
H. 
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to Section 181-413.07 of these regulations.
I. 
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
J. 
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
K. 
Inspect development in accordance with Section 181-413.06 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
L. 
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section 181-413.07 of these regulations.
M. 
Cite violations in accordance with Section 181-413.08 of these regulations.
N. 
Notify the Federal Emergency Management Agency when the corporate boundaries of the Township of Hazlet have been modified.
O. 
Permit ordinary maintenance and minor work in the regulated areas discussed in Section 181-413.02.

§ 181-413.03.05 Use of Changed Technical Data.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

§ 181-413.03.06 Other Permits.

[Added 2-27-2024 by Ord. No. 1735-24]
It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
[1]
Editor's Note: See 33 U.S.C.A. § 1344.

§ 181-413.03.07 Determination of Local Design Flood Elevations.

[Added 2-27-2024 by Ord. No. 1735-24]
A. 
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
1. 
Obtain, review, and reasonably utilize data available from a federal, state, or other source; or
2. 
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
B. 
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Sections 181-413.02.02 and 181-413.02.03 respectively. This information shall be provided to the Construction Official and documented according to Section 181-413.03.17.

§ 181-413.03.08 Requirement to Submit New Technical Data.

[Added 2-27-2024 by Ord. No. 1735-24]
Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

§ 181-413.03.09 Activities in Riverine Flood Hazard Areas.

[Added 2-27-2024 by Ord. No. 1735-24]
In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.

§ 181-413.03.10 Floodway Encroachment.

[Added 2-27-2024 by Ord. No. 1735-24]
Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land- disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

§ 181-413.03.11 Floodway Revisions.

[Added 2-27-2024 by Ord. No. 1735-24]
A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

§ 181-413.03.12 Watercourse Alteration.

[Added 2-27-2024 by Ord. No. 1735-24]
Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

§ 181-413.03.13 Engineering Analysis.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

§ 181-413.03.14 Alterations in Coastal Areas.

[Added 2-27-2024 by Ord. No. 1735-24]
The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

§ 181-413.03.15 Development in Riparian Zones.

[Added 2-27-2024 by Ord. No. 1735-24]
All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by this ordinance unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of this ordinance. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

§ 181-413.03.16 Substantial Improvement and Substantial Damage Determinations.

[Added 2-27-2024 by Ord. No. 1735-24]
When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
A. 
Estimate the market value or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
B. 
Determine and include the costs of all ordinary maintenance and minor work, as discussed in Section 181-413.01.05, performed in the floodplain regulated by this ordinance in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
C. 
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
D. 
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. This determination requires the evaluation of previous permits issued for improvements and repairs over a period of three years prior to the permit application or substantial damage determination as specified in the definition of substantial improvement. This determination shall also include the evaluation of flood-related damages over a 10-year period to determine if the costs of repairs at the times of each flood constitutes a repetitive loss as defined by this ordinance.
E. 
Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant in writing when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.

§ 181-413.03.17 Department Records.

[Added 2-27-2024 by Ord. No. 1735-24]
In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.

§ 181-413.03.18 Liability.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

§ 181-413.04 Permits.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.04.01 Permits Required.

[Added 2-27-2024 by Ord. No. 1735-24]
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

§ 181-413.04.02 Application for Permit.

[Added 2-27-2024 by Ord. No. 1735-24]
The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:
A. 
Identify and describe the development to be covered by the permit.
B. 
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
C. 
Indicate the use and occupancy for which the proposed development is intended.
D. 
Be accompanied by a site plan and construction documents as specified in Section 181-413.05 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
E. 
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
F. 
Be signed by the applicant or the applicant's authorized agent.

§ 181-413.04.03 Validity of Permit.

[Added 2-27-2024 by Ord. No. 1735-24]
The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

§ 181-413.04.04 Expiration.

[Added 2-27-2024 by Ord. No. 1735-24]
A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

§ 181-413.04.05 Suspension or Revocation.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or code of this jurisdiction.

§ 181-413.05 Site Plans and Construction Documents.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.05.01 Information for Development in Flood Hazard Areas.

[Added 2-27-2024 by Ord. No. 1735-24]
A. 
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
1. 
Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
2. 
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 181-413.05.02.
3. 
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 181-413.05.02A(3) of these regulations.
4. 
Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A Zones, new buildings shall be located landward of the reach of mean high tide.
5. 
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6. 
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
7. 
Extent of any proposed alteration of sand dunes.
8. 
Existing and proposed alignment of any proposed alteration of a watercourse.
9. 
Floodproofing certifications, V Zone and breakaway wall certifications, operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications.
B. 
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

§ 181-413.04.02 Information in Flood Hazard Areas Without Base Flood Elevations (Approximate Zone A).

[Added 2-27-2024 by Ord. No. 1735-24]
A. 
Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
1. 
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
2. 
Obtain, review, and reasonably utilize data available from a federal, state, or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
3. 
Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
B. 
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a letter of map change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.

§ 181-413.05.03 Analyses and Certifications by a Licensed Professional Engineer.

[Added 2-27-2024 by Ord. No. 1735-24]
As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
A. 
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 181-413.05.04 of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
B. 
For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
C. 
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 181-413.05.04 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
D. 
For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
E. 
For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A Zones).

§ 181-413.05.04 Submission of Additional Data.

[Added 2-27-2024 by Ord. No. 1735-24]
When additional hydrologic, hydraulic, or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 181-413.06 Inspections.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.06.01 General.

[Added 2-27-2024 by Ord. No. 1735-24]
Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

§ 181-413.06.02 Inspections of Development.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

§ 181-413.06.03 Buildings and Structures.

[Added 2-27-2024 by Ord. No. 1735-24]
The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
A. 
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 181-413.15.02 shall be submitted to the Construction Official on an elevation certificate.
B. 
Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 181-413.15.02 shall be submitted to the Construction Official on an elevation certificate.
C. 
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section 181-413.15.02.
D. 
Final inspection. Prior to the final inspection, certification of the elevation required in Section 181-413.15.02 shall be submitted to the Construction Official on an elevation certificate.

§ 181-413.06.04 Manufactured Homes.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.

§ 181-413.07 Variances.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.07.01 General.

[Added 2-27-2024 by Ord. No. 1735-24]
The Land Use Board shall hear and decide requests for variances. The Land Use Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 181-413.07.05, the conditions of issuance set forth in Section 181-413.07.06, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Land Use Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

§ 181-413.07.02 Historic Structures.

[Added 2-27-2024 by Ord. No. 1735-24]
A variance to the substantial improvement requirements of this ordinance is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this ordinance, and the variance is the minimum necessary to preserve the historic character and design of the structure.

§ 181-413.07.03 Functionally Dependent Uses.

[Added 2-27-2024 by Ord. No. 1735-24]
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

§ 181-413.07.04 Restrictions in Floodways.

[Added 2-27-2024 by Ord. No. 1735-24]
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Section 181-413.05.03A of these regulations.

§ 181-413.07.05 Considerations.

[Added 2-27-2024 by Ord. No. 1735-24]
In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
A. 
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
B. 
The danger to life and property due to flooding or erosion damage.
C. 
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
D. 
The importance of the services provided by the proposed development to the community.
E. 
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
F. 
The compatibility of the proposed development with existing and anticipated development.
G. 
The relationship of the proposed development to the Comprehensive Plan and floodplain management program for that area.
H. 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
I. 
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
J. 
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

§ 181-413.07.06 Conditions for Issuance.

[Added 2-27-2024 by Ord. No. 1735-24]
Variances shall only be issued upon:
A. 
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
B. 
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
C. 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
D. 
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. 
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

§ 181-413.08 Violations.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.08.01 Violations.

[Added 2-27-2024 by Ord. No. 1735-24]
Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

§ 181-413.08.02 Authority.

[Added 2-27-2024 by Ord. No. 1735-24]
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code but is regulated by these regulations and that is determined to be a violation.

§ 181-413.08.03 Unlawful Continuance.

[Added 2-27-2024 by Ord. No. 1735-24]
Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

§ 181-413.08.04 Review Period to Correct Violations.

[Added 2-27-2024 by Ord. No. 1735-24]
A 30-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 181-413.09 Definitions.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.09.01 General.

[Added 2-27-2024 by Ord. No. 1735-24]
The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

§ 181-413.09.02 Definitions.

[Added 2-27-2024 by Ord. No. 1735-24]
30-DAY PERIOD
The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this ordinance has been issued.
100-YEAR FLOOD ELEVATION
Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as "the base flood elevation."
500-YEAR FLOOD ELEVATION
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
A ZONES
Areas of special flood hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the base flood elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this ordinance, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
AH ZONES
Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
AO ZONES
Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
ACCESSORY STRUCTURE
Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
AGRICULTURAL STRUCTURE
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the base flood elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry floodproofing requirements of 44 CFR 60.3(c)(3).
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
AREA OF SHALLOW FLOODING
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
See "special flood hazard area."
ASCE 7
The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood-related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
ASCE 24
The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].
BASE FLOOD ELEVATION (BFE)
The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA AREA
The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BREAKAWAY WALLS
Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the local design flood elevation, it will collapse under specific lateral loads such that: (1) it allows the free passage of floodwaters; and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
BUILDING
Per the FHACA, "building" means a structure enclosed with exterior walls or fire walls, erected, and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
CONDITIONAL LETTER OF MAP REVISION
A conditional letter of map revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CONDITIONAL LETTER OF MAP REVISION - FILL
A conditional letter of map revision - fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CRITICAL BUILDING
Per the FHACA, "critical building" means that:
A. 
It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
B. 
It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
DRY FLOODPROOFING
A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ELEVATED BUILDING
A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
ELEVATION CERTIFICATE
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
ENCROACHMENT
The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
FEMA PUBLICATIONS
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A Zone to a V Zone or Coastal A Zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 to 7:13-3.6 and is typically higher than FEMA's base flood elevation. A waterway that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD or FLOODING
A. 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters.
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
3. 
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph A2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
B. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph A1 of this definition.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPLAIN OR FLOOD PRONE AREA
Any land area susceptible to being inundated by water from any source. See "Flood or flooding."
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE
Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the local design flood elevation. A completed floodproofing certificate is required at permit application.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
HABITABLE BUILDING
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
HARDSHIP
As related to Section 181-413.07 of this ordinance, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Township Committee requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved state program as determined by the Secretary of the Interior; or
2. 
Directly by the Secretary of the Interior in states without approved programs.
LAWFULLY EXISTING
Per the FHACA, means an existing fill, structure and/or use, which meets all federal, state, and local laws, and which is not in violation of the FHACA because it was established:
A. 
Prior to January 31, 1980; or
B. 
On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this ordinance to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.
LETTER OF MAP AMENDMENT
A letter of map amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the letter of map change (LOMC) process. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP CHANGE
The letter of map change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an area of special flood hazard on a Flood Insurance Rate Map (FIRM). Conditional letters of map revision, conditional letters of map revision - fill, letters of map revision, letters of map revision-fill, and letters of map amendment are requested through the letter of map change (LOMC) process.
LETTER OF MAP REVISION
A letter of map revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letters of map revision are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP REVISION - FILL
A letter of map revision based on fill (LOMR-F) is FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the letter of map change (LOMC) process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM), it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
LICENSED DESIGN PROFESSIONAL
Licensed design professional shall refer to either a New Jersey licensed professional engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey licensed architect, licensed by the New Jersey State Board of Architects.
LICENSED PROFESSIONAL ENGINEER
A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
LOCAL DESIGN FLOOD ELEVATION (LDFE)
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act[1] and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP flood hazard area verification letter plus the freeboard as required in ASCE 24 and the effective FEMA base flood elevation.
LOWEST ADJACENT GRADE
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
LOWEST FLOOR
In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and Coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of these regulations.
MANUFACTURED HOME
A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: (1) actual cash value (replacement cost depreciated for age and quality of construction); (2) tax assessment value adjusted to approximate market value by a factor provided by the Tax Assessor's office; or (3) established by a qualified independent appraiser.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
NON-RESIDENTIAL
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK
This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of state or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
RECREATIONAL VEHICLE
A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
REPETITIVE LOSS
Any flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.
RESIDENTIAL
Pursuant to the ASCE 24:
A. 
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;
B. 
Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
C. 
Institutional facilities where people are cared for or live on a 24-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
SOLID WASTE DISPOSAL
"Solid waste disposal" shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA
The greater of the following: (1) land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) riparian buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as "the area of special flood hazard."
START OF CONSTRUCTION
The Start of Construction is as follows:
A. 
For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA),[2] this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
B. 
For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevation's (BFEs) increase or zones change, the start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised, and base flood elevations (BFEs) increase or zones change.
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally aboveground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place over a three-year period, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. The period of accumulation includes the first improvement or repair of each structure that is permanent subsequent to the date of the initial construction permit application. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. This term also includes structures which have incurred "repetitive loss" or "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
VARIANCE
A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
VIOLATION
A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING
Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the local design flood elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.
[1]
Editor's Note: See N.J.S.A. 58:16A-50 et seq.
[2]
Editor's Note: See 16 U.S.C.A. § 3501 et seq.

§ 181-413.10 Subdivisions and Other Developments.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.10.01 General.

[Added 2-27-2024 by Ord. No. 1735-24]
Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:
A. 
All such proposals are consistent with the need to minimize flood damage.
B. 
All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
C. 
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.

§ 181-413.10.02 Subdivision Requirements.

[Added 2-27-2024 by Ord. No. 1735-24]
Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
A. 
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
B. 
Residential building lots shall be provided with adequate buildable area outside the floodway.
C. 
The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.

§ 181-413.11 Site Improvement.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.11.01 Encroachment in Floodways.

[Added 2-27-2024 by Ord. No. 1735-24]
Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Section 181-413.05.03A of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Section 181-413.05.03A is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 181-413.15.02 of this ordinance and the floodway requirements of N.J.A.C. 7:13.

§ 181-413.11.02 Prohibited in Floodways.

[Added 2-27-2024 by Ord. No. 1735-24]
The following are prohibited activities:
A. 
The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.
B. 
Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

§ 181-413.11.03 Sewer Facilities.

[Added 2-27-2024 by Ord. No. 1735-24]
All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

§ 181-413.11.04 Water Facilities.

[Added 2-27-2024 by Ord. No. 1735-24]
All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

§ 181-413.11.05 Storm Drainage.

[Added 2-27-2024 by Ord. No. 1735-24]
Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

§ 181-413.11.06 Streets and Sidewalks.

[Added 2-27-2024 by Ord. No. 1735-24]
Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

§ 181-413.11.07 Limitations on Placement of Fill.

[Added 2-27-2024 by Ord. No. 1735-24]
Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

§ 181-413.11.08 Hazardous Materials.

[Added 2-27-2024 by Ord. No. 1735-24]
The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

§ 181-413.12 Manufactured Homes.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.12.01 General.

[Added 2-27-2024 by Ord. No. 1735-24]
All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

§ 181-413.12.02 Elevation.

[Added 2-27-2024 by Ord. No. 1735-24]
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Section 181-413.15.02.

§ 181-413.12.03 Foundations.

[Added 2-27-2024 by Ord. No. 1735-24]
All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.

§ 181-413.12.04 Anchoring.

[Added 2-27-2024 by Ord. No. 1735-24]
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

§ 181-413.12.05 Enclosures.

[Added 2-27-2024 by Ord. No. 1735-24]
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section 181-413.14.02.

§ 181-413.12.06 Protection of Mechanical Equipment and Outside Appliances.

[Added 2-27-2024 by Ord. No. 1735-24]
Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section 181-413.15.02 of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 181-413.15.02, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 181-413.13 Recreational Vehicles.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.13.01 Placement Prohibited.

[Added 2-27-2024 by Ord. No. 1735-24]
The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

§ 181-413.13.02 Temporary Placement.

[Added 2-27-2024 by Ord. No. 1735-24]
Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

§ 181-413.13.03 Permanent Placement.

[Added 2-27-2024 by Ord. No. 1735-24]
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section 181-413.15.02 for habitable buildings and Section 181-413.12.03.

§ 181-413.14 Tanks.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.14.01 Tanks.

[Added 2-27-2024 by Ord. No. 1735-24]
Underground and aboveground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

§ 181-413.15 Other Development and Building Work.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.15.01 General Requirements for Other Development and Building Work.

[Added 2-27-2024 by Ord. No. 1735-24]
All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
A. 
Be located and constructed to minimize flood damage;
B. 
Meet the limitations of Section 181-413.05.03A of this ordinance when located in a regulated floodway;
C. 
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to Section 181-413.02.03;
D. 
Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;
E. 
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to Section 181-413.02.03 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
1. 
Specifically allowed below the local design flood elevation; and
2. 
Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.
F. 
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
G. 
Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.

§ 181-413.15.02 Requirements for Habitable Buildings and Structures.

[Added 2-27-2024 by Ord. No. 1735-24]
A. 
Construction and elevation in A Zones not including Coastal A Zones.
1. 
No portion of a building is located within a V Zone.
2. 
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
3. 
All new construction and substantial improvement of any habitable building (as defined in Section 181-413.09 located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Section 181-413.02.03, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
4. 
All new construction and substantial improvements of non-residential structures shall:
a. 
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Section 181-413.02.03, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
b. 
Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation, the structure:
(i) 
Meets the requirements of ASCE 24 Chapters 2 and 7; and
(ii) 
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.
5. 
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
a. 
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
b. 
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of Section 181-413.15.02A4b are met;
c. 
Be constructed to meet the requirements of ASCE 24 Chapter 2;
d. 
Have openings documented on an elevation certificate; and
e. 
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
(i) 
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
(ii) 
The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation.
(iii) 
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.

§ 181-413.15.03 Garages and Accessory Storage Structures.

[Added 2-27-2024 by Ord. No. 1735-24]
Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

§ 181-413.15.04 Fences.

[Added 2-27-2024 by Ord. No. 1735-24]
Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section 181-413.05.03A of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section 181-413.07 of this ordinance.

§ 181-413.15.05 Retaining Walls, Sidewalks, and Driveways.

[Added 2-27-2024 by Ord. No. 1735-24]
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 181-413.05.03A of these regulations and N.J.A.C. 7:13.

§ 181-413.15.06 Swimming Pools.

[Added 2-27-2024 by Ord. No. 1735-24]
Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section 181-413.05.03A of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

§ 181-413.15.07 Roads and Watercourse Crossings.

[Added 2-27-2024 by Ord. No. 1735-24]
A. 
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the flood hazard area design elevation in accordance with N.J.A.C. 7:13.
B. 
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section 181-413.05.03A of these regulations.

§ 181-413.16 Temporary Structures and Temporary Storage.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.16.01 Temporary Structures.

[Added 2-27-2024 by Ord. No. 1735-24]
Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.

§ 181-413.16.02 Temporary Storage.

[Added 2-27-2024 by Ord. No. 1735-24]
Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

§ 181-413.16.03 Floodway Encroachment.

[Added 2-27-2024 by Ord. No. 1735-24]
Temporary structures and temporary storage in floodways shall meet the requirements of Section 181-413.05.03A of these regulations.

§ 181-413.17 Utility and Miscellaneous Group U.

[Added 2-27-2024 by Ord. No. 1735-24]

§ 181-413.17.01 Utility and Miscellaneous Group U.

[Added 2-27-2024 by Ord. No. 1735-24]
In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 sq. ft.), fences more than six feet (1829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

§ 181-413.17.02 Flood Loads.

[Added 2-27-2024 by Ord. No. 1735-24]
Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in Section 181-413.02.03.

§ 181-413.17.03 Elevation.

[Added 2-27-2024 by Ord. No. 1735-24]
Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in Section 181-413.02.03 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

§ 181-413.17.04 Enclosures Below Base Flood Elevation.

[Added 2-27-2024 by Ord. No. 1735-24]
Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section 181-413.15.02 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

§ 181-413.17.05 Flood-Damage-Resistant Materials.

[Added 2-27-2024 by Ord. No. 1735-24]
Flood-damage-resistant materials shall be used below the local design flood elevation determined in Section 181-413.02.03.

§ 181-413.17.06 Protection of Mechanical, Plumbing, and Electrical Systems.

[Added 2-27-2024 by Ord. No. 1735-24]
Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in Section 181-413.02.03.
Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the local design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the local design flood elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the local design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 181-414 NONCONFORMING USES, STRUCTURES AND LOTS.

The following provisions shall apply to valid non-conforming uses, structures and lots at the time of adoption of this Ordinance:
A. 
A use, building or structure which is lawfully in existence at the effective date of this Ordinance and shall be made non-conforming at the passage of this Ordinance or any applicable amendment thereto, may be continued as otherwise provided in this section.
B. 
No existing use, structure or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, unless it is changed to a conforming use or structure as follows:
1. 
Any nonconforming structure or use damaged to less than 50% of its previous existing area or value by fire or other natural calamity, may be restored, reconstructed or used as before, provided the area of such use or structure shall not exceed the area which existed prior to such damage nor increase the intensity of use. All repairs shall be completed within one year after damages occur, or within such time extensions granted by the Zoning Officer, which can only be granted upon good cause being shown by the applicant, or such use shall not be rebuilt except as a conforming use.
C. 
Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use or structure and does not increase the intensity of use. Nothing in this section shall prevent the restoring to a safe or lawful condition any part of any structure declared unsafe by the Construction Official.
D. 
A building containing residential nonconforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of bedrooms or dwelling units.
E. 
Nonconforming uses and structures are considered terminated and shall not be revived in any way except as a conforming use or structure in accordance with the following:
1. 
A non-conforming use or structure abandoned in accordance with this Ordinance and accompanied by an intent on the part of the owner to abandon such use as evidenced by some act or failure to act which carries with it a sufficient implication that the owner neither claims or retains any interest in the subject matter of the abandonment shall be considered a termination thereof. Such implication shall be rebuttably presumed by non-use for any period of two or more years. Non-use by successive owners shall be considered continuous non-use.
2. 
The change of a nonconforming use or structure to a more or entirely conforming use for any period of time shall be considered an abandonment of the previous non-conforming use, and a reversion to the previous non-conforming use shall not be permitted.
3. 
A nonconforming structure or use which has 50% or more of its nonconforming area or value destroyed by fire or natural calamity shall be considered an abandonment thereof.
4. 
A nonconforming structure may not be enlarged, extended, increased in height, width or depth, moved or relocated, modified in such a way so as to increase habitable or useable space, number of dwelling units or number of bedrooms; unless such structure is changed to a structure conforming to the requirements of this Ordinance except that an existing one-family structure may be enlarged, extended or added to provided:
a. 
The enlargement, extension or addition conforms to all zone requirements; or
b. 
The portion of the enlargement, extension or addition that does not conform to zone requirements consists entirely of the enclosure of existing side or rear porches.