Mantoloking City Zoning Code
ARTICLE II
General Provisions
§ 30-3 General provisions.
A.
There shall be no more than one principal building or use per lot.
B.
Every structure used for dwelling or business purposes shall be built upon a lot with frontage on a public street, or in the case of ocean, bay front or lagoon lots, shall have a rear yard abutting a public street.
C.
No building shall be erected, no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located.
D.
No lot, in any zone, shall be used, nor shall any structure be erected, altered or occupied, for any purpose except as indicated in each zone under "permitted use" and "accessory use."
E.
Dormers in structures with attics; balconies.
(1)
The ridge of a dormer must be horizontal and shall not exceed the ridge or roof line of the sloping roof in which it is situated. The dormer above the second habitable story shall not extend beyond the ridge of the roof eave. The aggregate width of dormers above the second habitable floor shall not exceed one-third of the width at the roof ridge line of the sloping roof in which they or it are situated.
(2)
Balconies or decks shall not be permitted above the second story, except that balconies shall be permitted above the second story on residences constructed upon lots which front upon the Atlantic Ocean or Barnegat Bay (excluding North and South Lagoon). The third story balconies shall be constructed only on the front of such residences, where permitted.
(3)
Widow's walks are permitted, provided they do not exceed the permitted total height of the structure.
F.
Decks.
(1)
A deck permit is required prior to the construction of any Deck within the Borough.
(a)
A deck permit application requires a property survey map similar;
(b)
A Deck permit shall not be granted unless the owner submits an as-built plan, prepared by a professional land surveyor licensed in the State of New Jersey, to verify that the approved deck was constructed in accordance with the approved deck permit, and the as-built plan shall provide an updated zoning schedule to demonstrate compliance with all applicable bulk standards for coverage.
(2)
Decks shall be a permitted structure in the residential or business zones.
(3)
Decks greater than eight (8) inches above existing grade shall be included in lot coverage calculation. No grading is permitted to raise the level of a deck. In the event the land is disturbed prior to determination of existing grade, the Borough Engineer shall determine the existing grade based on available topographic mapping of the area and other site features.
(4)
Decks of any height shall be permitted only within the building envelope unless the decks surround a swimming pool and then shall meet the setback requirements for an accessory structure. Decks which are less than eight (8) inches above existing grade are permitted in the front yard of waterfront lots.
G.
Swimming pools.
(1)
The top of the side walls of a finished pool shall not be higher than twelve (12) inches above the existing, preconstruction grade or the first floor elevation, whichever is lower. Existing grade shall be determined by the average preconstruction ground elevations of at least six (6) points spaced equally apart from each other around the perimeter of the pool. If, due to differences in preconstruction ground elevation, any portion of the pool shall be constructed with an elevation greater than twelve (12) inches above grade, that portion or part so elevated or of any associated structure proximate to or abutting the pool shall be screened by suitable planting of an elevation at least as high as the top of the pool side walls, from the view afforded from lots on either side and from the abutting streets.
(2)
No swimming pool exterior wall, below ground, shall be placed closer than five (5) feet from any existing tie-back anchor for a bulkhead. The distance between the swimming pool and the tie-back anchor shall be measured from the exterior of the pool wall below ground to the actual location of the proposed or existing tie-back anchor.
(3)
Application.
(a)
Application for a pool permit requires the submission of the required fee and a property survey map similar in all respects to that described in § 30-15D.
(b)
An application for a swimming pool permit shall include written justification of the proposed location together with a report, signed and sealed, from a New Jersey licensed professional engineer, with supporting calculations and drawings substantiating that the proposed swimming pool installation will not adversely affect the integrity of the bulkhead or its anchoring system. The report shall be subject to the review and approval of the Zoning Officer and Borough Engineer.
(c)
Upon substantial completion, the applicant shall furnish as-built plans of the installed swimming pool indicating its location on the property and its relation to the bulkhead, tie-back anchors, buildings, etc.
(4)
Each swimming pool shall be surrounded by a suitable fence, four (4) feet in height, with a self-latching gate. A fence shall not be required adjacent to the side of a pool facing a bulkhead or bulkhead reference line, or where the pool is adjacent to the house. The location of the fence shall not violate any other provisions of this chapter. See § 30-3P.
(5)
All pools shall be constructed within the applicable accessory structure setbacks, with the exception of Bayfront or lagoon lots, where pools may be constructed not less than eighteen (18) feet from the mean high water line or bulkhead line.
(6)
The pool pump house shall be sound insulated and shall not be considered an accessory structure if it is less than fifty (50 S.F.) square feet. Pool equipment – heaters, pool pumphouse, etc. – shall not be placed in the setback areas. Pool pumps shall not exceed the noise levels permitted by the Borough's noise regulations.
(7)
A swimming pool with a surrounding deck shall be treated as a single accessory structure.
H.
Satellite dish antennas. All satellite dish antennas shall have a maximum diameter of one (1) meter (39.37 inches).
I.
Tents.
(1)
Tents may be erected in residential zones for use only as a temporary building. They may not be utilized for habitation.
(2)
Tents may not be sited within ten (10) feet of any side front, or rear property line except on waterfront lots where they may be sited up to the bay front, lagoon front, or ocean scarp line.
(3)
Any resident, owner, occupant or their agent must obtain a municipal permit before any tent is erected. The application for a municipal tent permit shall include a sketch map depicting the proposed location of the tent and shall state the date and time when the proposed tent will be erected. The permit shall expire five (5) days following erection of the tent and the tent shall be removed before expiration of the permit.
(4)
All tents must be constructed of approved fire retardant fabric or material and so marked. Gasoline, gas, charcoal or other cooking devices or any other unapproved open flame shall not be permitted inside or located within twenty (20) feet of any tent.
(5)
Any tent in excess of nine hundred (900) square feet or with a side dimension greater than thirty (30) lineal feet shall not be permitted unless the applicant also obtains proper permits from the Fire Inspector, in accordance with applicable regulations.
(6)
The municipal tent permit shall be conditioned upon the applicant's receipt of, and compliance with, all of the terms and conditions of any additional permits which may be required for the proposed tent.
(7)
A tent permit fee must accompany the application. See Appendix C. It shall be the applicant's responsibility to apply for and to obtain any ancillary permits for any proposed tent erection and, in all events, to provide all required information. No action or processing of an application for a tent will be commenced until the application is complete.
J.
First floor elevations. For all new or substantially improved residential construction, the first floor elevation or the elevation of the bottom of the lowest horizontal structural member for velocity flood zones and Coastal A flood zones shall be built a minimum of three (3) feet above the base flood elevation (BFE). The BFE shall be as identified on the current Flood Insurance Rate Map (FIRM) as prepared for or by the Federal Emergency Management Agency (FEMA).
K.
Hardscaping.
(1)
Synthetic substitutes for natural vegetation shall not be considered a permissible hardscape or softscape material for utilization in any yard area in the Borough of Mantoloking.
(2)
Prior to the installation of any hardscaping within the Borough, an application for a hardscape permit, with the required fee, shall be submitted to the Zoning Officer for approval.
(3)
Accompanying the application for a hardscape permit shall be a property survey map, which identifies all proposed hardscaping and includes lot coverages and total impervious lot coverage calculations.
(4)
An as-built plan, prepared by a professional land surveyor licensed in the State of New Jersey, shall be submitted to the Zoning Officer to verify that the approved hardscaping was constructed in accordance with the approved hardscape permit, and the as-built plan shall provide an updated zoning schedule to demonstrate compliance with all applicable bulk standards for coverage.
L.
Yard area.
(1)
Every part of a required yard shall be open and unobstructed from its lowest level, except for the ordinary projection of sills, chimneys, flues, and eaves, and except for fences, at-grade walkways with a maximum width of three (3) feet, vegetation or landscaping; provided, however, that none of the building projections shall project into the minimum required yard areas by more than twelve (12) inches.
(2)
In Zones R-1, R-2a, R-2b, R-4A, R-RB, R-3A, R-3B, R-3C, R-4A and R-4B, the extension of open, unenclosed and unroofed entrance porches and stoops which do not rise above the ground floor level may extend into any yard setback, provided that the total area of such entrance porches or stoops which extend into such yards does not exceed one hundred fifty (150) square feet for the front and back yards and the extension into one (1) side yard cannot exceed one hundred (100) square feet.
(3)
In all other zones, the maximum extension is one hundred (100) square feet for the front, back and one (1) side yard.
(4)
In all cases the extension must be located at least five (5) feet from any property line.
(5)
Handicap entrances hereafter constructed upon buildings existing as of the adoption of this chapter may be excepted from a strict application of this entrance porch limitation at the discretion of the Zoning Officer and in conformity with all applicable laws and regulations, including but not limited to the Americans with Disabilities Act (ADA).
(6)
No yard or other open space on one (1) lot shall be considered as providing a yard or open space for a building on any other lot.
M.
Setbacks.
(1)
No structure shall be placed in the area between the setback line as hereinafter established and either the dune reference line/seawall line or bulkhead line, or mean high-water line, where no bulkhead line has been established or the street line, as the case may be, with the exception of dune platforms, walkways or pathways, as permitted by Chapter 11, Protection of Beaches and Dunes.
N.
Accessory use and accessory structures.
(1)
Accessory use.
(a)
No accessory use or uses shall occupy a lot area in excess of fifty (50%) percent of the floor area of a dwelling on the lot or in excess of the floor area of the first floor of a dwelling having more than one (1) floor. A private garage, to be deemed an accessory use, shall not exceed fifteen (15) feet in height on any lot unless it is an integral part of the house, in which case it may be two (2) stories in height. Space above a garage which is an integral part of the house may be used for habitation.
(b)
The maintenance of one (1) commercial vehicle with a load capacity not to exceed two (2) tons is a permitted accessory use; it must be maintained in a private garage and shall not be visible from outside the garage.
(2)
Accessory structures.
(a)
No accessory structure shall be used in whole or in part as living or sleeping or housekeeping quarters.
(b)
Detached storage sheds or other structures used primarily for the purpose of storage shall be permitted in all zones except the Business Zone.
(c)
There may be no more than two (2) roofed accessory buildings on a given lot or on combined lots.
(d)
Accessory structures, except for integral garages as described above, shall not exceed fifteen (15) feet in height above the existing surrounding grade at the highest point along the base of the accessory structure. Cupulas shall meet the requirements for building heights and are not exempt.
(e)
An attached garage may contain sanitary plumbing that conforms to the Flood Damage Prevention Code.
(f)
A detached accessory structure may not include sanitary plumbing facilities, i.e., toilets or urinals. It may contain sinks and/or showers that conform to the Flood Damage Prevention Code.
(g)
On-grade air-conditioning or HVAC units shall be located within the building envelope and must be landscaped or screened with lattice, open board fence, shrubbery and/or plantings, which still allows for the circulation of air and dispersal of fumes, as to lessen the visual impact of the unit(s).
[1]
Mechanical and utility platforms servicing the building, including generator platforms, shall be located within the building envelope, not more than six inches from the principal structure.
[2]
Roof-mounted equipment on an accessory or principal structure must be recessed into the rooflines to entirely screen the units and shall be located within the principal building envelope. The open end of the recessed roof platform at the roofline for the mechanical equipment shall be adequately screened with lattice, a parapet wall, or similar architectural elements along the roof line, which will still allow for the circulation of air and dispersal of any fumes, to lessen the visual impact and screen the roof-mounted unit(s). No part or section of the platforms for roof-mounted mechanical equipment shall extend above or beyond the structure's roofline.
(h)
A boat lift and/or davit may be installed, maintained and utilized as a permitted accessory structure on developed waterfront lots except for developed lots with frontage on the North and South lagoons where only a single davit for personal watercraft may be installed, maintained and utilized.
(i)
Free standing antennas which at full elevation do not exceed a total height, including all support structures, of sixty (60) feet above grade, utilized in conjunction with federally licensed amateur radio equipment, are permitted on any residential lot. Antennas shall be monopole, self-supporting, without guy wires, and may be fixed or telescoping. Telescoping installations shall be maintained in a housed or lowered configuration except when in actual use. Antennas shall not be erected in any yard area. Antenna foundations or base support structures shall be constructed in accordance with sound engineering practice. No person shall construct or install an antenna of a total height greater than twenty-five (25) feet without having obtained an antenna zoning permit from the Zoning Officer. The permit application shall include such detail, including engineering certifications, as shall be prescribed by the Zoning Officer. The certificate shall confirm that the design, antenna and foundation are in compliance with applicable standards. The owner shall also obtain a building permit prior to the initiation of construction or installation of any antenna over twenty-five (25) feet in total height.
(j)
Accessory buildings in "V" zone areas as defined on the Borough's Flood Insurance Rate Map (FIRM), with the exception of garages, may be constructed below the Base Flood Elevation provided that they meet FEMA Technical Bulletin 5 (2020), or the latest amended or revised version. Garages shall also be defined as accessory structures and when constructed in a "V" zone, shall comply with guidelines established in FEMA Technical Bulletin 9-08, or the latest amended or revised version.
O.
Building height and roofs.
(1)
Building height shall be measured from the elevation of the crown of the road at the center of the lot in question. The building height of corner lots shall be measured from the elevation of the lower of the crowns of the intersecting roads. The building height of lots with front and rear yards abutting streets shall be measured from the elevation of the lower of the crowns of the two (2) streets.
(2)
Building height shall be limited to the maximums set forth in Appendix B, Bulk Standards.
(3)
No structure shall be erected on lots where the finished grade is lower than the crown of the road abutting the lot.
(4)
The roof structure shall consist of rafters with a uniform slope and which bear directly on the ceiling joists of the story below the roof, with the exception of gambrel roofs, which shall be permitted. The pitch of the structure’s principal roof shall be not less than six on twelve (6 on 12).
(5)
Cupulas shall meet the requirements for building heights and are not exempt.
P.
Fences.
(1)
In all residential zones, fences and walls may be erected or maintained along or adjacent to a lot line to a height not more than four (4) feet in the required side, rear and front yards, as follows:
(a)
Where rear lot lines of residential lots are abutting each other, the rear line fencing shall not exceed six (6) feet in height.
(b)
A fence not exceeding six (6) feet in height may be erected upon the easterly boundary of lots abutting the westerly boundary of Route 35 between Herbert Street and Lyman Street.
(c)
Six (6) foot fences may require appropriate landscape screening as determined by the Borough Zoning Officer or the Planning Board. Fence height measurement shall not include finials or gate posts. Finials shall not be higher than six (6) inches over permitted fence height. Gate posts shall not be higher than eighteen (18) inches over permitted fence height. A maximum of two (2) gate posts is permitted at each entry. Lights on gate posts (one (1) on each post) are permitted and the dimension of the light shall be included in the height measurement. Gate posts may be used only at a gated location.
(2)
Entry or garden archways shall be permitted. Entry or garden archways shall not exceed eight (8) feet in height. Entry archways shall be permitted in setback areas. Garden archways may be permitted within the building envelope.
(3)
Fences not within the setback, i.e., fences within the building envelope, shall be limited to a maximum height of six (6) feet.
(4)
Prior to the construction or installation of any fence within the Borough, an application for a fence permit, with the required fee, shall be submitted to the Zoning Officer. See Appendix C of this chapter.
(5)
Fence height will be measured from existing pre-construction grade. No grading will be permitted to raise the level of the fence.
(6)
No fence shall be erected of barbed wire, razor wire, or topped with metal spikes, or any other sharp material or design feature.
(7)
The finished side of all fences shall be constructed to face toward the adjacent property.
(8)
The application shall provide the proposed location of the fence, its dimensions, the material of which it is to be constructed and any other information requested by the Zoning Officer in order to allow him or her to make an informed decision as to whether the proposed fence is in conformity with this chapter.
(9)
Upon review of the application, the Zoning Officer shall within ten (10) days either issue a permit for construction or installation of such fence or deny the application with written reasons provided therefor. If the Zoning Officer fails to act upon the application as required herein, then the permit shall be deemed to have been issued by the Zoning Officer's inaction.
(10)
No owner shall replace any existing fence without first obtaining a fence permit from the Zoning Officer. Prior to permit closeout, a final field inspection will be performed by the Zoning Officer to verify that the new fencing was constructed in accordance with the approved fence permit.
(11)
No owner may replace more than 16 linear feet of an existing fence in a consecutive 12 month period unless the fence’s height complies with the provisions of this subsection. An owner may replace 16 linear feet or less of an existing fence in a consecutive 12 month period at the same height of the existing fence, even if the height does not comply with the provisions of this subsection.
Q.
Flagpoles.
(1)
Flagpoles may be installed on any property within the Borough.
(2)
Flagpoles are not considered an accessory structure under the Land Use Regulations of the Borough of Mantoloking.
(3)
Flagpoles shall not exceed the allowable maximum height of the primary structure for the subject zone district as measured at the highest roof ridge line.
(4)
A flagpole shall not be permitted within ten (10) feet of any property line.
(5)
Prior to installation of a flagpole within the Borough, an application for a zoning permit, with the required fee, shall be submitted to the Zoning Officer.
(6)
Flag poles on vacant land may not exceed 35 feet in height.
R.
Landscaping.
(1)
All applications for development, including single-family residential construction, shall incorporate plant species which are native to New Jersey and indigenous to the barrier island and coastal areas into the proposed landscaping plan.
(2)
Landscaping plans for all development shall incorporate a minimum of 30% of the total proposed planting counts as native New Jersey flora indigenous to the barrier island and coastal areas.
(3)
The below list are acceptable flora for indigenous plantings, but the below list is not the only potential plantings and is not intended to be a fully comprehensive list that would limit other potential indigenous plantings to be implemented into a landscape design. Applicants can provide information and plant species in addition to the below list which would be subject to the review and approval by the Township Engineer for other acceptable indigenous plants:
Groundcover and Perennial Flowers |
Common Milkweed (Asclepias Syriaca) |
Butterfly Weed (Asclepias Tuberosa) |
Swamp Sunflower (Helianthus Angustifolius) |
Blackeyed Susan (Rudbeckia Hirta) |
Beach Pea (Lathyrus Japonicus) |
Seaside Goldenrod (Solidago Sempervirens) |
Grasses |
American Beachgrass (Ammophila Breviligulata) |
Saltmeadow Cordgrass (Spartina Patens) |
Purple Lovegrass (Eragrostis Spectabilis) |
Common Rush (Juncus Effusus) |
Shrubs |
Inkberry (Ilex Glabra) |
Groundsel Bush (Baccharis Halimifolia) |
Beach Plum (Prunus Maritima) |
Arrowwood (Viburnum Dentatum) |
Swamp Azalea (Rhododendron Viscosum) |
Trees |
American Holly (Ilex Opaca) |
Eastern Red Cedar (Juniperus Virginiana) |
Pitch Pine (Pinus Rigida) |
Scrub Oak (Quercus Ilicifolia) |
Black Willow (Salix Nigra) |