There shall be provided upon every lot in every Residential District, and upon every lot in any other District upon which a dwelling house may now or hereafter be permitted, off-street parking space for at least two vehicles, including a driveway for the same, all of which shall be paved or covered by material such as asphalt, concrete or brick pavers providing an impervious surface so as to adequately withstand and not be affected adversely by changes in temperature or weather in the extremes of heat and cold experienced in the Borough, damage from the elements such as, but not limited to, erosion, and the wear and tear brought about by the use of such areas by motor vehicles. Materials such as stone or gravel shall not be permitted. In any case in which any part of said parking area or driveway shall be below grade of the street providing access thereto, the design of said area and the adequacy of the type of material used therein and curbing along the same, shall be subject to approval by the Borough Engineer who shall give consideration to the topography, the grade of the street, the effect of the drainage system upon said proposed area, and other principles of sound engineering practice. Expansion of existing driveways shall be required to meet the standards of this subsection. Wherever a garage is provided upon any such lot, the areas within said garage used for motor vehicles may be counted toward the off-street parking spaces required under this subsection.

The curb opening for a driveway shall be no more than 22 feet wide.

Driveway Width and Extension.

There shall be no parking in the front yard, side yard, or rear yard of any residential lot, except on the driveway thereof; provided, however, in the event of an emergency, parking shall be permitted, on telephoned or emailed notice to the Borough Clerk giving notice of the emergency, on any portion of the front yard for a period of time not to exceed 24 hours.

No curb opening shall be constructed or enlarged and no driveway shall be constructed or enlarged without the owner of the premises obtaining a permit therefor. Application for a permit shall be made to the Zoning Officer along with a survey upon which the proposed curb opening and/or driveway is superimposed and a nonrefundable permit fee of $10 paid. The Zoning Officer shall refer the matter to the Borough Engineer for a determination that the proposed improvement conforms to the Land Use Ordinance of the Borough of Manville and to the principles of sound engineering practice. Upon the approval of the Borough Engineer and a determination by the Zoning Officer that the proposed improvement meets all zoning requirements, a permit shall be issued by the Zoning Officer.

Not more than one currently unregistered, uninspected, inoperable, or junk vehicle shall be parked on any portion of any private property, other than in a garage or paved driveway area not visible from the street, in any residential zone, and such vehicle shall not at any time be in a state of major disrepairs or disassembly, nor shall it at any time undergo major overhaul, including body work or paint, in a residential neighborhood.

Notice of Violation; Deadlines to Remediate; Penalties.

Penalties for Continuing Violations and Repeat Offenders. Upon any continuing unremediated violation or repeated violation of any section of this § 31-406.1, the Borough reserves the right to bring charges against the violator in municipal court, asking the court to impose any penalties authorized by N.J.S.A. 40:49-5, including but not limited to one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days. The court before which any person is convicted of violating any ordinance of a municipality shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum set forth in this § 31-406.1.

Not more than one commercial vehicle of a rated capacity of three-quarter (3/4) tons or less, owned or used by a resident of the premises, shall be permitted to be regularly garaged on a lot in any residential district; any such commercial vehicles so permitted to be regularly garaged in such district must be garaged and shall not be regularly parked or stored by, on or in the vicinity of such lot without being garaged thereon. No commercial vehicle of a rated capacity of more than three-quarter (3/4) ton, whether owned or used by a resident of the premises or not, shall be regularly parked, stored or garaged on a lot in any Residential District.

No trailer designed or used for hauling or transporting shall be regularly parked or stored on, by, or in the vicinity of any lot in any residential district.

No trailers designated or used for dwelling purposes, no boat trailers, no campers, no motorized sleds, and no boats or marine equipment shall be regularly parked or stored on, by or in the vicinity of any lot in any residential district without being garaged thereon, or placed to the rear of the principal building and no closer than 15 feet from any side or rear property line.

On any corner lot, no fence, structure, or planting over 30 inches in height shall be erected or maintained within 30 feet of the intersection of the road right-of-way lines so as to interfere with traffic visibility across the corner, and no wall or fence and no hedge, tree, shrub, or other growth shall be maintained in such a way as to cause danger to traffic on a street by obscuring the view.

No fence or any other type of material shall be installed on front property within 10 feet of the property line in residential or commercial zones. This is intended to ensure that there will be no obstructed vision of vehicles pulling out of driveways, provided that a fence may be permitted if the fence material is made in a way that will not obscure the view of oncoming vehicles (such as open chain-link fence); the height of any such fence shall not exceed 42 inches in height.

All billboards, signboards, advertising signs or devices not expressly related to the business being conducted on the premises, or otherwise specifically permitted by this Ordinance.

Auction market or auction establishments, whether conducted in an enclosed building or structure or not, except as permitted in the EDD District.

Any business or use conducted outside the confines of a building or structure, including by way of illustration and not by way of limitation, junk yards, dismantling or storage of motor vehicles or machinery, the sale or rental of trucks, busses, truck trailers, trailers designed or intended for hauling or transporting, trailers designed or intended for dwelling purposes, campers, recreational vehicles (whether self-contained, motorized, or requiring another vehicle in order to move same from place to place), boats, motorized sleds or carts, motorcycles, motorbikes or the like, or construction, quarrying or tree service equipment, machinery or materials, outdoor amusements, miniature golf courses, golf driving ranges and similar outdoor commercial recreation facilities, or any other business or use conducted outside the confines of a building or structure. The foregoing prohibitions all apply regardless of the manner of registration of any of the vehicles mentioned under the motor vehicle laws, and regardless of whether any of same may also be used for regular passenger transportation.

The sale, rental, leasing, storage, or display of trucks, busses, truck trailers, trailers designed or intended for hauling or transporting, trailers designed or intended for dwelling purposes, campers, recreational vehicles (whether self-contained, motorized, or requiring another vehicle in order to move same from place to place), boats, motorized sleds or carts, motorcycles, motor bikes or the like, or construction, quarrying or tree service equipment, machinery or materials, except only from a totally enclosed building or structure. The foregoing prohibitions shall apply regardless of the manner of registration of any such vehicle under the motor vehicle laws, and regardless of whether any of same may also be used for regular passenger transportation.

Outdoor storage of any kind. See Section 31-414.

Privately-operated dumps for the disposal of garbage, trash, junk, refuse, and similar materials, whether by landfill, incineration, or otherwise.

Trailer courts or parks, trailer coaches used for dwelling, or any commercial activities related to the outdoor storage, display, exhibition, sale or rental of trailer coaches.

Cemeteries or crematoriums.

Outdoor vending machines, except where specifically permitted incidental to another use.

Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered, or which will cause environmental pollution or be inimical to the ecology of the area.

Any use which emits excessive and objectionable amounts of dusts, fumes, noise, odor, smoke, vibration, glare, or waste products.

Adult book stores, businesses showing X-rated movies, and other businesses dealing primarily with indecent or obscene materials, acts or paraphernalia be and the same are hereby prohibited within any zone in the Borough of Manville.

Massage parlors.

All classes of cannabis businesses, and cannabis establishments, cultivators, manufacturers, wholesalers, retailers, distributors, or delivery services, and marijuana- or cannabis-related land use and development, including all cannabis establishments, cannabis distributors, or cannabis delivery services, as said terms are defined in Section 3 of P.L. 2021, c. 16,[2] but not the delivery of cannabis items and related supplies by a delivery service.