Monmouth Beach City Zoning Code
ARTICLE 30
5 General Provisions
30-5.1 Provisions of other ordinances.
Any restrictions or requirements with respect to buildings or land, which provisions can be found in other ordinances of the Borough or are established by law and which are greater than those set forth herein, shall take precedence over the provisions of this chapter.
30-5.2 Application of regulations.
Except as herein otherwise provided:
A.
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used, for any purposes or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
B.
No building shall be erected, no existing buildings 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.
C.
No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure, shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.
D.
No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located, or unless a variance has been granted therefrom.
E.
No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.
30-5.3 Lot depth.
Wherever the depth of lots is established by existing street patterns in any residential zone, the depth requirements of the zone shall be waived as long as all setback lines are maintained.
30-5.4 Frontage on improved street.
A.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Borough requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
B.
Where a building lot has frontage on a street, which the Master Plan or the Official Map of the Borough indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.
30-5.5 Yard areas, building orientation and fenestration.
[Ord. No. O-117-10; Ord. No. O-19-13; Ord. No. O-07-2015 § 1; amended 4-23-2019 by Ord. No. O-06-19; 9-19-2023 by Ord. No. O-08-23]
A.
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B.
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter and that for purposes of swimming pools and accessory buildings the yard upon which the principal building faces shall be considered the front yard and the yard to the rear of the principal building shall be considered a rear yard. For the purpose of calculating the average front setback of dwellings 200 feet on either side, the yard upon which the existing principal building faces shall be considered the front yard and the yard to the rear of the existing principal dwelling shall be considered a rear yard. For the purposes of calculating the average front setback of dwellings 200 feet on either side, per Section 30-11.4 Appendix C, the yard upon which the existing principal building faces shall be considered the front yard and the yard to the rear of the existing principal building shall be considered a rear yard.
C.
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter.
D.
The minimum side yard setback provided in the Schedule of Limitations in Appendix B to Chapter 30 for properties in all zoning districts shall be increased by five feet where the side yard of the property in question abuts the back yard of an adjoining property except where the property in question is a corner lot.
E.
Each exterior face of a single-family dwelling shall include windows. The fenestrated portion of each elevation of a principal single-family dwelling building shall not be less than 4% of the area of the building face.
F.
Roofed, open-sided or unroofed porches, decks, patios, outside showers, air-conditioner condensers (including associated platforms), generators (including associated platforms) or similar structures attached to, or within five feet of, a principal building shall conform to the yard requirements for the principal building except:
1.
Roofed, unheated, open-sided porches (on the ground or first floor) may extend up to five feet into the required front yard setback or up to three feet into the required side yard setback.
2.
Unroofed stoops or steps may extend up to six feet into any required yard, provided the total area of such elements may not exceed 100 square feet.
3.
Where the structure has no roof and does not extend more than one foot above grade, it shall conform to the yard requirements for an accessory structure.
G.
Any building facade with a height (or eave height) exceeding one-half the maximum height permitted and having a length in a single plane (or substantially parallel planes less than 18 inches apart) exceeding 35 feet shall maintain a setback two feet greater than the minimum required setback for the applicable zone district.
H.
Intrusion into the required setback (yard) shall be measured from the face of the building foundation wall and be limited to:
1.
Up to 24 inches for chimneys, fireplaces, rain leaders, drains, and any other utility service component;
2.
Up to 24 inches for bay windows and similar elements, provided that the area of any wall elevation occupied by such elements does not exceed the greater of 8% of the total area of the wall elevation or 50 square feet;
3.
Up to 48 inches for eaves, soffits or other roof elements (excluding gutters);
5.
Up to 12 inches for any other element of the building.
6.
Within all areas of special flood hazards as set forth in Subsection 22-3.2, Basis for establishing areas of special flood hazard, or in Subsection 22-4.3b, Use of other base flood data, unroofed landings, stoops and stairs may be permitted to extend up to 10 feet beyond the front setback line of a residential zone.
I.
Attached garages shall be set back from the face of the dwelling at least 18 inches.
J.
Existing air-conditioner condensers located in a front, side, or rear setback may be replaced within the footprint of an existing air-conditioner condenser. The number of new air-conditioner condensers shall be equal or less than the number of existing air-conditioner condensers. This exemption shall not apply if an addition, or new dwelling, is proposed for the property in question.
30-5.6 Corner lots.
A.
On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on all adjoining interior lots fronting on such street. However, provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot less than 100 feet in width. No corner lot setback, shall in any case, be less than 20 feet, unless otherwise permitted in this chapter.
B.
Where the corner lot abuts interior lots located in an adjoining zone having lesser front setback requirements, buildings may assume the minimum front setback dimension of the adjoining zone only if the adjoining zone is immediately adjacent and contiguous to the property and the proposed building is to be situated within 100 feet of said adjacent zone.
C.
Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.
D.
Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.
E.
Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.
30-5.7 Sight triangle at intersections.
Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each street line located 25 feet from the intersection of the street lines.
30-5.8 Accessory buildings and/or structures.
[5/13/1980; 6/30/1987; Ord. No. O-117-10 § 2; Ord. No. O-55-11; amended 4-23-2019 by Ord. No. O-07-19; 1-7-2020 by Ord. No. O-13-19; 9-19-2023 by Ord. No. O-08-23]
Unless otherwise specified in this chapter, accessory buildings and/or structures shall conform to the following regulations as to their locations on the lot.
A.
An accessory building attached to a principal building shall comply in all aspects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located in other than a front yard, and if located in a side or rear yard area, shall be set back at least five feet from all lot lines, except that storage sheds containing less than 100 square feet of floor area may be located not less than three feet from any side or rear lot line.
B.
Accessory buildings shall not occupy more than 35% of a required rear or side yard or a maximum combined building coverage of 1,200 square feet, with any one accessory building not to exceed 900 square feet. An accessory building shall not exceed 18 feet in height.
C.
No detached accessory structure in any residential zone shall be less than five feet from the principal building.
D.
If garage space is provided within or attached to a residence, vehicular entrances thereto shall be limited to not more than four garage doors provided that no more than three garage doors shall face a public street. Further, the surface area of all garage doors facing any one public street shall not exceed 243 square feet in total. In addition, the maximum total surface area for all garage doors on a property shall not exceed 324 square feet. No garage door shall exceed nine feet in height.
E.
For single-family residential uses in any zone districts, the minimum size of a one-car attached or detached garage shall be 300 square feet. That portion of the floor area of detached garages, equal to the lesser of 50% of the garage floor area or 150 square feet, shall not be considered in determining building and lot coverage.
F.
Accessory buildings prior to principal building. Notwithstanding any other provisions of this chapter, no building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede or take place at the same time within the construction of the accessory building, the Administrative Officer shall have cause to revoke the building permit for the principal and the accessory building.
30-5.9 Number of principal buildings.
Any lot utilized for single-family or two-family dwelling purposes shall not contain more than one principal building.
30-5.10 Non-applicability.
The provisions of this chapter shall not apply to customary underground essential services, except that all facilities such as pumping stations, repeater stations and electric substations which require a building above-ground or any other above-ground appurtenance of any type more than 40 feet high, shall require approval as a conditional use subject to the provisions of this chapter.
30-5.11 Continuous lot ownership.
Where two or more lots, created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Borough Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of this parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
30-5.12 Height limitations.
A.
No structure shall extend higher than the limit provided in each zone created hereunder for building height.
B.
The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy, or to parapets, walls or cornices extending not more than four feet above the building height limit.
C.
The height limitations created hereunder shall apply to chimneys, ventilators, skylights, tanks, stair towers, elevator towers, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a building, except that the same may exceed the height limitation by not more than 15 feet except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation, specified in Appendix 6 (Schedule of Limitations), by no more than four feet. Such features shall not exceed, in total coverage, 20% of the total roof area.
[Ord. No. O-19-13]
D.
Freestanding noncommercial radio and television antennas and flag poles may exceed the height limits created hereunder by not more than 15 feet.
E.
The height limitations created hereunder shall not apply to small wind energy systems and/or solar energy systems. See Section 30-5.32 of this chapter for the height limitations pertaining to small wind energy systems and solar energy systems.
F.
Roof decks and associated railings shall not exceed the height limitations.
[Ord. No. O-19-13]
30-5.13 Preservation of natural features.
Wherever feasible, all of the following shall be preserved in its natural state:
A.
Floodways.
B.
Areas containing a significant number of specimen trees as determined by the Environmental Commission.
C.
Existing marshes and swamps.
D.
Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.
30-5.14 Riparian lands, riparian grants, and other water-flowed or water-covered portions of private property, etc.
[Amended 9-19-2023 by Ord. No. O-08-23]
A.
Land that is under water or otherwise lowland of the mean high-water line (MHWL) as depicted on the most recently available Tidelands Mapping published by the New Jersey Department of Environmental Protection (NJDEP), and which land comes into common ownership with an adjacent upland parcel via riparian grant from the State of New Jersey or via other lawful means, shall be zoned the same as the adjacent upland parcel.
B.
Notwithstanding anything to the contrary set forth herein, however, any land area that is under water or otherwise lowland of the mean high-water line (MHWL) as depicted on the most recently available Tidelands Mapping published by the New Jersey Department of Environmental Protection (NJDEP) at the time of a particular application, and which land area is not otherwise filled, graded and stabilized pursuant to valid permits, shall not be included in the calculation of lot area.
30-5.15 Easements.
Where applicable, the Planning Board shall require as a condition of site plan approval that the owner convey to the Borough drainage easements, conservation easements, sight easements and/or other easements which may be required.
30-5.16 Solid waste storage for single- and two-family homes.
Solid wastes from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers. Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curb lines for collection. Such receptacles may be stored in either the rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.
30-5.17 Solid waste disposal.
The dumping of refuse, waste material or other substances is prohibited in all districts within the Borough.
30-5.18 Outdoor display of goods.
A.
Retail and/or wholesale business uses shall not display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the Planning Board except as permitted for a marina operation.
B.
Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business enclosed within a structure located on the site, or for temporary sidewalk or other types of outdoor sales, in accordance with a permit or other approval issued therefore by the Board of Commissioners. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out-of-doors shall not be permitted in any zone within the Borough.
C.
Coin-operated vending machines shall not be located further than two feet from a related business structure.
30-5.19 Appearance of single- and two-family dwellings.
A.
Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures.
B.
The types of construction not considered to be residential in character include store-front type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), and unfinished concrete blocks or cinder block wall surfaces.
30-5.20 Appearance of nonresidential buildings.
The exterior elevations shall be arranged and outer walls of nonresidential buildings shall be faced with materials approved by the Planning Board in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.
30-5.21 Boat storage in residential areas.
A.
No boat and no camping or travel trailer more than 28 feet in length overall and no houseboat shall be stored upon any lot in any residential zone.
B.
No boat and no camping or travel trailer not the property of the resident of the premises shall be stored upon premises situated in any residential zone.
C.
Marinas and private yacht clubs shall be exempt from the provisions of paragraphs A, B, D, and E of this section but to the extent only that the storage of boats upon premises occupied and used for marinas or private yacht clubs shall be permitted. Storage of camping or travel trailers shall not be permitted. Storage of camping or travel trailers shall not be permitted at marinas. [6/12/1979]
D.
No boat and no camping or travel trailer shall be stored in any front yard.
E.
No boat and no camping or travel trailer shall be stored within six feet of a property line.
F.
No person or persons shall occupy or reside in any boat or any camping or travel trailer stored upon a lot in a residential zone.
30-5.22 Storage of commercial vehicles.
[Amended 9-19-2023 by Ord. No. O-08-23]
A.
No more than one commercially registered vehicle shall be parked or stored between the hours of 7:00 p.m. and 7:00 a.m. on any occupied property that is primarily used for residential purposes, or on any vacant property in a residentially zoned area, as well as along public and private rights-of-way located adjacent to, or within 500 feet of, said property types. The following additional provisions shall apply:
1.
Commercially registered vehicles with a gross vehicle weight rating (GVWR) of more than 23,500 pounds or 11.75 tons shall be prohibited.
2.
Commercially registered vehicles commonly known as "box," "dump," "grain body," "tanker," "tractor trailer cabs," "walk-in," or "rack and stake" trucks shall be prohibited.
3.
Commercially registered vehicles commonly known as "tractors" or vehicles that may otherwise be classified as construction or earthmoving equipment shall be prohibited.
4.
Commercially registered vehicles with seating capacity for more than 10 passengers shall be prohibited, with the exception of school buses and vans with seating capacity for up to 16 passengers.
5.
Commercially registered vehicles commonly known as "heavy-duty pickups" shall have either an open or enclosed bed and shall not have racks or stakes.
6.
Commercially registered vehicles that have permanent or temporary sleeping or food preparation facilities shall be prohibited.
7.
Commercially registered vehicles shall not be parked on a grassed area, lawn area or an otherwise landscaped area.
8.
Commercially registered vehicles shall not obstruct any pedestrian or vehicular traffic and be no closer than five feet from a side or rear property line.
9.
To the extent feasible, commercially registered vehicles shall be screened by a combination of fencing and/or landscaping to provide year-round screening.
10.
To the extent feasible, commercially registered vehicles shall be parked in a side or rear yard.
11.
The outside storage of any materials or equipment, including but not limited to trailers, associated with commercially registered vehicles shall be prohibited.
30-5.23 Tidal wetlands permit.
No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection except in accordance with a permit issued under the Act.
30-5.24 Noncommercial radio and television antennas.
A.
Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located no closer than 15 feet to any property line.
B.
Freestanding antennas over 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour. In no circumstance shall the height of the antenna exceed the height limitations under Section 30-5.12, Height Limitations.
30-5.25 Floodplain management.
All development within the Borough shall conform to the regulations of an ordinance adopted by the Board of Commissioners entitled "An Ordinance to Regulate Construction in Flood Hazard Areas of the Borough of Monmouth Beach."
30-5.26 Performance standards.
As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific types of equipment, machinery or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
The Planning Board and/or Governing Body may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant or specific use in question.
30-5.27 Lighting and illumination.
A.
Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
1.
The illumination provided by artificial lighting on the property shall not exceed 0.5 foot candles beyond any property line.
2.
Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
3.
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
30-5.28 Property maintenance.
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the Borough which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations and the provisions of the Minimum Housing Standards Ordinance of Monmouth Beach dated June 12, 1973 as may be amended.
A.
Maintenance of all land uses within the Borough shall include, but is not limited to, the following:
1.
Potholes and other pavement failures within parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
2.
Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
3.
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.
4.
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
5.
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
Shopping carts shall be marked with the name of the establishment, title and telephone number of person responsible for maintenance of the shopping carts, and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the Borough. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this chapter, subject to the penalties prescribed herein. |
6.
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this chapter, they shall be replaced only. All lawn or other non-paved areas shall be kept trimmed and free from weeds and other noxious growth and must comply with an ordinance concerning removal of obnoxious growth dated August 8, 1978.
7.
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
8.
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
9.
All outdoor lighting shall be maintained in a working condition.
B.
All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect, shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Section 30-5.28A, above, additional maintenance responsibilities shall include, but are not limited to, the following:
1.
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
2.
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such area. Refuse containers located elsewhere on the site shall not be permitted.
30-5.29 Land disturbance and zoning permits.
[Amended by Ord. No. O-19-13; Ord. No. O-25-06, 3/14/2006; Ord. No. O-32-11; 4-23-2025 by Ord. No. O-04-25]
A.
Statement of purpose. The purpose of this section is to control the disturbance of land and related changes in grades and elevations by requiring adequate provisions for surface water retention, drainage and soil erosion in order to promote the safety, public health, convenience and general welfare of the community.
B. APPLICANT EXCAVATION or CUT LAND PERMIT SITE SOIL STRIPPING
Definitions. As used in this section:
A person, partnership, corporation, or public agency requesting permission to engage in land disturbance activity.
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated.
Any ground, soil, or earth, including marshes, swamps, drainage ways and areas not permanently covered by water, within the Borough.
A Land Disturbance Permit issued by the Construction Official to perform work in accord with this section.
Any plot, parcel, or parcels of land.
All unconsolidated mineral and organic material of any origin.
Any activity, which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
C.
Land Disturbance and Zoning Permit required.
1.
A Land Disturbance Permit shall be required in all of the following circumstances:
a.
When a Building Permit is required which contemplates the construction of a new structure;
b.
When a Building Permit is required which contemplates the addition to an existing structure;
c.
When any person/entity constructs a retaining wall greater than 18 inches;
d.
When any person/entity introduces onto any property fill material in any quantity or in any manner which has or may have the effect of altering the existing grade to cause or increase the runoff of stormwater onto adjoining property. It shall be the responsibility of the property owner to notify the Borough Construction Official of any fill proposed to be introduced. Notwithstanding any other provision of this section, in this instance, the Borough Construction Official may require, in lieu of a drainage plan, a certification from a licensed engineer that the introduction of such fill will not adversely affect the existing drainage pattern and/or exacerbate existing flooding conditions or stormwater runoff to adjoining properties. Notwithstanding this subsection, no permit shall be required for landscape mulching or treatments which do not alter the existing grade so that additional stormwater runoff is generated to adjoining property owners.
2.
If the Zoning Officer determines that a Zoning Permit is required the applicant shall file such application with the Zoning Officer. A Zoning Permit shall be issued simultaneously with or before the issuance of any building permit or certificate of occupancy.
D.
Application procedure. A valid Land Disturbance Permit shall be obtained by the filing of an application which shall be accompanied by a plot plan for the premises, which plot plan shall contain:
1.
The location and description of all existing natural and manmade features on the site, including general topography, existing drainage, and water flow, proposed drainage and water flow and soil characteristics and a copy of the soil conservation soil survey.
2.
The location and description of proposed land disturbances, specifying all changes contemplated. Existing and proposed elevations shall extend a minimum of 25 feet onto adjacent properties sufficient to clearly define elevations and drainage patterns on the property and those adjoining properties.
E.
Municipal action on application. Upon receipt of the application and plans as required hereunder, the Construction Official may seek the advice of the Borough Engineer to determine if a Land Disturbance Permit is necessary. The Construction Official, the Zoning Officer; and/or the Borough Engineer shall review same and then issue or deny the permit, which may be with or without conditions.
F.
Conditions of permit. Permit holders shall comply with the following requirements:
1.
Notify the Borough of Monmouth Beach Construction Official in writing 72 hours in advance of any land disturbance.
2.
Install a stabilized construction entrance into the lot if required by the Construction Official 50 feet by 30 feet of two-inch clean stone. The applicant shall also provide an approved area between a stabilized construction entrance and the public right-of-way.
3.
Install an effective sediment control barrier along the lower limits of construction so soil will not be carried off the site by stormwater runoff. A continuous line of hay bales (dug in 4.0 inches and staked), or a silt fence (dug in six inches on the bottom) shall be used and installed according to the design plans of Illustration 1, Hay Bale Sediment Barrier Installation, or Illustration 2, Silt Fence Construction and Installation of the latest regulations of the Freehold Soil Conservation District.[1]
[1]
Editor's Note: Refer to Illustrations of the Freehold Soil Conservation District. [Ord. No. O-32-11]
4.
Provide temporary stabilization of all exposed soils, not subject to construction traffic. Temporary stabilization may be done in non-growing seasons with straw mulch, applied at a rate of 95 pounds to 115 pounds per 1,000 square feet and held in place with a mulch binder. Temporary stabilization shall be installed within 48 hours of land disturbance.
5.
During the growing season, temporary stabilization will require the soil to be seeded with annual rye grass and mulched with 70 to 90 per pounds per 1,000 square feet of straw or hay.
6.
Permanent stabilization requires a three seed mixture of "permanent" or perennial seed types that are mulched and anchored.
7.
Remove all lot debris from the street regularly and sweep the street daily.
G.
General design standards. The following principles shall apply to all Land Disturbance Permits:
1.
The proposed elevation of any lot area shall not be increased to an elevation that exceeds the average elevation of the adjacent properties. Exceptions may be made only if a stormwater management plan indicates no net runoff to adjacent properties.
2.
All runoff due to improvements shall be directed toward the municipal roadway and shall not be directed toward adjacent properties. Yard inlets and drainage emitters will be used to capture runoff and to direct runoff toward the road and Borough drainage system.
3.
Recharge systems shall be designed for the 25-year storm. Pool dimensions, although considered pervious by the Borough, will be included in the volume for runoff calculations.
4.
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
5.
Whenever feasible, natural vegetation shall be retained and protected with a snow fence installed at the drip line of the tree or vegetation proposed to be saved.
6.
Drainage provisions shall accommodate increased stormwater runoff, resulting from modified soil and surface conditions, during and after development or disturbance.
7.
Stormwater runoff shall be minimized and retained on site whenever possible to facilitate groundwater recharge.
8.
Land disturbance shall be done in a manner that shall not cause a change in slope which would result in the slope exceeding 10%.
9.
The use of mounding and retaining walls to raise the height of a principal structure shall be discouraged.
10.
Grading or other disturbance of property shall be accomplished in accord with approved plans, good industry practices and in a manner to avoid damage to any property to protect the health and safety of the public.
11.
Whenever grading is to occur, necessary soil erosion prevention and protection consistent with industry best practices should be implemented to ensure work is undertaken to minimize impacts to the existing infrastructure and surrounding properties. As a minimum, a silt fence barrier of equivalent or better protection must be installed around the limit of disturbance whenever there is a potential to impact an adjacent property or infrastructure.
H.
Land disturbance and zoning permit fees.
1.
Each applicant determined to require a Land Disturbance Permit shall remit a fee in the amount of $750, which includes one final engineering inspection. Any additional engineering inspections required shall require an additional fee of $400 per engineering inspection. Should the plans require revision and resubmission, an additional fee of $200 shall be submitted with the revised plans.
2.
Each applicant determined to require a Zoning Permit shall file such application with the Zoning Officer and shall remit the following fee, which includes the application fee, zoning compliance review and compliance inspection:
I.
Enforcing officer; inspections. The requirement of this section shall be enforced by the Borough Engineer and/or the Zoning Officer who shall also inspect and require adequate inspection of the work. If the Enforcing Officer finds existing conditions not as stated in the applicant's Land Disturbance Permit or the site does not comply with all requirements of this section, he/she may recommend and/or refuse to approve further work and may seek other penalties as provided for in this section.
J.
Appeals. Appeals from decisions under this section may be made to the Borough Planning Board in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Borough Planning Board within 60 days from the date of appeal.
K.
Violations and penalties.
1.
Any person who violates any of the provisions of this section or fails to comply or adhere to the Land Disturbance Permit shall be subject to an action filed in the Municipal Court of the Borough of Monmouth Beach and/or to an action filed in the Superior Court for injunctive relief and/or damages for the restoration or correction of the violation or violations.
2.
In addition, any person who violates any of the provisions of this section or fails to comply or adhere to the Land Disturbances Permit granted hereunder shall be liable, upon conviction of such punishable offense, to the maximum penalty permitted by law.
30-5.30 Dumpsters and portable storage units.
[Ord. No. O-76-08; amended 4-23-2025 by Ord. No. O-04-25]
A. DUMPSTER PORTABLE STORAGE UNIT
Definitions.
A transportable, detachable, and rigid container generally used for routine collection and temporary storage of solid waste, construction materials, industrial materials, and other waste materials.
A transportable unit designed and used for the temporary storage of household goods, personal items, construction materials and supplies, and other materials which are placed on a site for the use of occupants of a dwelling or building on a temporary or limited basis. Portable storage units include, but are not limited to "PODS," "mobile attics" and other similar portable on demand storage containers.
B.
General provisions. Provisions common to all subsections of this section.
1.
Dumpsters and portable storage units. This subsection shall control the use of dumpster and portable storage units within the Borough of Monmouth Beach. The use of any dumpster or portable storage units shall be subject to the following provisions:
a.
All persons or entities must obtain a permit from the Zoning Officer and pay a fee $100 prior to the use of the dumpster or portable storage unit.
b.
A maximum of one dumpster and one portable storage unit may be placed on the subject lot.
c.
A dumpster, portable storage unit, or other storage container shall be limited for use of a time period not to exceed 60 days unless the Planning/Zoning Board has authorized the use of the dumpster for a longer period by way of site plan approval.
d.
All dumpsters and portable storage units or containers shall be placed in the following areas: vacant private property, front yard, side yard, or back yard, of an existing structure on private property. The exceptions to this subsection are listed in paragraph B,7 below.
e.
No property owner or agent thereof shall be permitted to apply for dumpster or portable storage unit permits in excess of two permits per year per property.
f.
All dumpsters and portable storage units shall prominently display the date of the permit and date upon which the dumpster or portable storage unit must be removed (permit expiration date) under the permit.
g.
It shall generally be prohibited to place any dumpster, portable storage unit or like storage container upon any Borough-owned or unaccepted dedicated street, avenue, highway, lane, alley or public place. However, an applicant may apply for a hardship exception by establishing one or more of the following criteria:
(1)
Narrowness of distance between lot lines or narrowness of lot rendering placement of the unit in other than the public area impracticable.
(2)
Adversely effects necessary parking or traffic flow.
(3)
Any other reason which adversely affects the public safety and/or public welfare.
(4)
Upon the demonstration of a hardship, a permit shall be issued by the Zoning Officer upon the payment of the permit fee.
h.
In all cases, a dumpster or portable storage device may not remain in a front yard of a private property for a period greater than 90 days.
i.
All permits issued under this subsection are subject to revocation by the Zoning Officer of the Borough of Monmouth Beach if the dumpster or portable storage unit has an adverse effect on traffic, public safety or the public welfare.
C.
Enforcement provisions.
1.
Determination of applicability. For any temporary containment system not specifically listed in this section, the Zoning Officer shall determine the subsection of this section to which the applicant shall conform.
2.
Notice. The Zoning Officer shall notify the person or entity in control of the property upon which the dumpster or portable storage container is located, the person or entity that controls, owns or leases the subject dumpster or container, or the agent thereof in the event of a violation. Notice shall be made in writing by certified mail, return receipt requested and regular mail or hand delivery.
3.
Failure to comply. If the owner, tenant, person or entity or the agent thereof fails, neglects or refuses to comply with this section upon notice of any violation, the Borough may remove the subject trailer, dumpster or storage container without further notice.
4.
Extension of time. An application for an extension of time shall be accompanied by a $20 fee. An extension of time shall be valid for 30 days from expiration date of original permit.
5.
Emergency removal. If the Borough determines that an emergency condition exists, the Borough may act to remove or relocate any dumpster or container.
6.
Fines. Failure to comply with any section of this section may result in a fine not to exceed $1,000 per violation, a term of imprisonment not to exceed 90 days or any combination thereof.
30-5.31.1 Fences, walls, and hedges.
A.
Fences, walls, and hedges, existing, erected, altered or reconstructed in any zone in the Borough shall not exceed six feet in height above existing ground level except as follows:
1.
_____
a.
Fences and walls which are located in a front yard or within 50 feet of any river, lagoon or other body of water shall not exceed four feet in height.
b.
Hedges which are located within 50 feet of any river, lagoon or other body of water shall not exceed four feet in height.
c.
Hedges which are located in a front yard shall not exceed six feet in height except that portion of a hedge which forms an entryway arbor.
2.
Chain link fences are prohibited in front yards.
3.
Fences located in front yards shall be constructed so that at least 50% thereof is non-solid and open. Fence types such as board-on-board and stockade fences are considered solid fences.
4.
Fence posts, corners, gateways, wall piers and entryways in front yards shall not exceed five feet in height.
5.
Fences, walls, or hedges, installed after the effective date of this section shall not modify or impede existing drainage patterns unless a Land Disturbance Permit has been obtained consistent with the requirements of the ordinances of the Borough of Monmouth Beach. Pre-existing nonconforming fencing may be replaced or repaired within the existing footprint.
6.
In any business or industrial zone, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.
7.
Fences specifically required by other provisions of municipal and/or State regulations are permitted.
8.
Notwithstanding any section above, hedges on properties which have frontage on Ocean Avenue or Beach Road from Ocean Avenue to River Avenue shall not be restricted in height as to that frontage. In addition, properties that have two road frontages, one of which borders Ocean Avenue, may maintain a consistent hedge height for both frontages which shall be the height of the hedges which border Ocean Avenue.
9.
Notwithstanding any section above, fences on properties which have frontage on the west side of Patten Avenue shall not be restricted to a height less than six feet as to that frontage and shall be permitted to be solid fences.
[Ord. No. O-65-10; Ord. No. O-90-10; Ord. No. O-54-11; Ord. No. O-19-13]
30-5.31.2 Height restriction of fences, walls, hedges, bushes and shrubs at intersections.
At the intersection of two or more streets, no fence, wall, hedge, bush or shrub shall exceed 30 inches above curb level, nor cause any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each street line located 25 feet from the intersection of the street lines. [Ord. No. O-65-10]
30-5.31.3 Violations and penalties.
The Borough Zoning Official may make a complaint in the Municipal Court of the Borough of Monmouth Beach for any violations of this chapter or any section, paragraph or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part in or assisting in such violation or violations shall, upon conviction thereof, be liable for the penalty prescribed by these ordinances and as permitted by State Law. [Ord. No. O-65-10]
30-5.32 Small wind energy systems and solar energy systems.
A.
The primary purpose of a small wind energy system or solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a small wind energy system or solar energy system designed to meet the energy needs of the principal use.
B.
Small wind energy systems and solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All energy systems require approval from the Zoning Officer and Construction Office prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer or Construction Official determines that the application does not conform to the provisions of this section, an applicant may apply for a variance.
C.
Energy systems, except those on single-family and two-family dwellings and meeting the definition of exempt development, shall require site plan (or amended site plan) approval from the Monmouth Beach Unified Planning and Zoning Board of Adjustment.
D.
Small wind energy systems.
1.
Small wind energy systems are a permitted accessory use in the A, A-1, A-2, and A-3 residential districts and in the B-2 Business Marina District the following bulk or dimensional requirements shall apply. Where not specifically listed as permitted, small wind energy systems are prohibited.
a.
Minimum setbacks. All small wind energy systems shall be set back from all property lines a distance equal to 150% of the small wind energy system one height (vertical distance above grade of the tower plus the wind generator including the blades).
b.
Small wind energy systems shall not be permitted in any front yard.
c.
Maximum height. The system height of a small wind energy system shall not exceed 40 feet.
d.
Small wind energy systems shall not be permitted as a rooftop installation.
3.
(Reserved)
4.
Small wind energy systems shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
5.
Small wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority.
6.
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
7.
The tower for a small wind energy system shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
8.
All moving parts of the small wind energy system shall be a minimum of 12 feet above ground level.
9.
The blades on the wind energy system shall be constructed of a corrosive resistant material.
10.
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
11.
Met towers. A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
E.
Solar energy systems.
1.
Solar energy systems shall be permitted as an accessory structure in any zoning district, but only as a roof top installation. Ground-mounted or pole-mounted installations shall not be permitted. The solar panels shall not exceed a height of 24 inches from the rooftop. In no event shall the placement of the solar panels result in a total height including building and panels exceeding what is permitted in the zoning district that they are located for the principal building.
F.
Small wind and solar energy systems shall not be used for displaying any advertising including flags, streamers, or decorative items or signs except for reasonable identification of the manufacture or operator of the system. In no case shall any identification be visible from a property line.
G.
The design of small wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment. Small wind and solar energy systems shall remain painted or finished in the finish that was originally applied by the manufacturer. Earth tone colors are recommended.
H.
The installation of a small wind or solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs. The installation and design of all wind or solar energy systems shall conform to applicable industry standards, including those of ANSI. All electrical and mechanical components of the system shall conform to all relevant and applicable Borough, State and national codes and requirements.
I.
Transmission or power lines. Any on-site transmission or power lines shall be placed underground to the maximum extent feasible.
J.
The installation of a small wind or solar energy system is subject to all electric utility company requirements for interconnection. Small wind or solar energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
K.
The provisions of Subsection 30-5.12 shall not apply to wind and solar energy systems with regard to height. The height of small wind and solar energy systems shall be as provided in this subsection.
L.
Abandonment and decommissioning.
1.
A wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
2.
The Zoning Officer, Construction Official and/or Code Enforcement Officer may issue a "Notice of Abandonment" to the owner. The notice shall be sent via regular and certified mail return receipt requested to the owner of record.
3.
Any abandoned system shall be removed at the owner's sole expense within six months after the date of issuance of a "Notice of Abandonment" from the municipality. If the system is not removed within six months of the issuance of a "Notice of Abandonment" the Borough may take any and all actions permitted by law including but not limited to the specific actions set forth herein.
4.
When an owner of a small wind or solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the Borough may take such action as permitted by law including but not limited to removal of such system and placement of a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
5.
Removal shall include removal of the wind generators, towers, solar panels, buildings, cabling, electrical components, access way and any other facilities. Disturbed earth shall be graded and reseeded, in accordance with the Freehold Soil Conservation District requirements.
M.
Additional site plan and/or zoning permit submission requirements. In addition to the applicable documentation and items required for site plan and/or zoning permit approval, the following items shall be required to be submitted to the Planning Board or Zoning Officer as part of the site plan and/or zoning permit application for a wind energy system:
1.
Narrative describing the proposed small wind or solar energy system;
2.
Copies of utility bills or other documentation demonstrating the historical utility usage for the past 12 months for an existing structure or the anticipated utility usage for a new structure.
3.
Plot plan. The application shall be accompanied by a plot plan which includes, at a minimum, the following:
a.
Property lines and physical dimensions of the property;
b.
Location, dimensions, and types of existing and/or proposed structures on the property;
c.
Location of the proposed small wind or solar energy system and ancillary equipment, buildings and structures;
d.
Setback lines;
e.
The right-of-way of any public road that is contiguous with the property;
f.
Location of substation(s) and electrical cabling from the proposed wind energy system to the substation(s); and
g.
Any overhead utility lines;
4.
Specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), noise level at property lines, colors and approximate generating capacity of the small wind or solar energy system;
5.
Documentation from a qualified expert that the proposed small wind energy system tower will have sufficient structural integrity to support the proposed wind turbine and associated equipment;
6.
Evidence of compliance with Federal Aviation Administration regulations for any proposed small wind energy system;
7.
Copies of any negotiated power purchase agreement and utility company's approved schematics;
8.
Approval of the property owner(s) and the facility owner/operator of the energy faculty;
9.
Removal or decommissioning plan that describe the anticipated useful life of the proposed small wind or solar energy system, estimated decommissioning costs in current dollars, method for ensuring that the funds will be available for the decommissioning and restoration and anticipated matter in which the system will be decommissioned and the site restored. This obligation shall be recorded in the Monmouth County Clerk's Office and shall run with the land.
[Ord. No. O-55-11 § 4]
30-5.33 Prohibition on certain uses in all zones.
[Added 3-21-2018 by Ord. No. O-02-18; amended 5-18-2021 by Ord. No. O-06-21]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Monmouth Beach, except for the delivery of cannabis items and related supplies by a delivery service.
30-5.34 Tree protection.
[Added 8-23-2016 by Ord. No. O-13-2016]
30-5.34.1 Title.
This section shall be known as and may be cited as the "Environmental Tree Protection Ordinance of the Borough of Monmouth Beach."
30-5.34.2 Purpose.
The purpose of this section is to preserve trees and woodlands throughout the Borough and to restrict the removal of trees, thereby maintaining the beauty and character of the Borough, preventing erosion, and restricting any action that could create a hazard to persons or properties while balancing a private property owner's right to develop privately owned lands.
30-5.34.3 Definitions and word usage.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any person making application to the Tree Conservation Officer for a tree protection permit.
The removal of more than 20% of the total number of trees, six inches in caliper or greater, of any type of trees within an area on a lot and located outside of the necessary footprint as defined below.
The diameter of a tree measured at breast height, which is approximately 4 1/2 feet above the ground. The diameter of a multitrunked tree shall be 2/3 of the sum of the diameters of all trunks but not less than the diameter of the largest trunk. Diameter shall be calculated to be 1/3 of the circumference for the purpose of this definition.
Any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger or hazard to person or property.
A plan prepared by a qualified person acceptable to the Tree Conservation Officer showing the planting of replacement trees on the property on which tree removal activity is taking place or on other properties within the Borough. Said plan must depict, in a manner acceptable to the Tree Conservation Officer, a reasonable scheme for the ultimate full replacement of trees removed.
The portion of the lot located within a line drawn 15 feet outside the limits of any existing principal structure or any proposed principal structure for which site plan approval has been granted or a valid building permit or other necessary municipal approval exists and within five feet outside the limit of any existing accessory structure or any proposed accessory building and/or accessory structure for which site plan approval has been granted or a valid building permit or other necessary municipal approval exists.
See "tree, ornamental."
Any person who has been issued a permit pursuant to the terms and conditions of this section and who is obligated to fulfill all the terms of this section.
Any person, firm, partnership, association, corporation, company, or public or private organization of any kind other than those exempted from the provisions of this section.
Any tree or ornamental tree with a diameter at breast height (DBH) exceeding 60% of that of the largest similar tree listed in either of these references: Monmouth County's Largest Trees, prepared and updated annually by the Monmouth County Shade Tree Commission, or New Jersey's Big Trees, prepared and updated biannually by the Division of Parks and Forestry of the New Jersey Department of Environmental Protection.
The removal of undesirable, competitive, diseased or damaged trees so as to improve the development of the remaining trees on a lot.
Any living deciduous or coniferous (evergreen) tree which is six inches in caliper or greater, with a normally anticipated mature height of 20 feet or greater.
The person designated by resolution of the Borough Council to administer and enforce this section. If no such person is designated, the Borough Engineer shall act as Tree Conservation Officer.
A specialist in trees or tree care whose qualifications are acceptable to the Tree Conservation Officer.
Any living dogwood, American holly, native laurel and any other small decorative tree with a normally anticipated mature height of six feet or greater (including, but not limited to: birch, Japanese maple, cherry, crabapple, and magnolia).
Any deciduous hardwood shade tree located within the Borough or county right-of-way.
30-5.34.4 Prohibited activities.
The activities described in this subsection and any substantially similar activity are prohibited activities:
a.
Removing, causing or permitting the removal of any significant specimen tree, as defined in Subsection 30-5.34.3 above, without first obtaining variance relief.
1.
Removing, causing or permitting the removal of any tree having a trunk diameter of six inches' DBH or larger without first obtaining a tree removal permit.
3.
Clear-cutting or the removal of more than 20% of the total number of trees, six inches in caliper or greater, of any size or type of trees within an area on a lot and located outside of the necessary footprint as defined in Subsection 30-5.34.3 or removal of 20% of the trees on slopes steeper than 15%.
4.
Undertaking, causing or permitting any activities, including occupancy, demolition or construction, on, or adjacent to, any lot which may damage, or otherwise causing or permitting any damage, injury or disfigurement to, any tree or ornamental tree described in Subsection a above.
b.
Removing or damaging any street tree without authorization from the Borough of Monmouth Beach.
30-5.34.5 Permit required.
a.
No person shall engage in, nor allow, permit or direct any person to engage in, the removal of any tree six inches in caliper or greater unless a tree protection permit is first obtained from the Tree Conservation Officer.
b.
No person shall engage in, nor allow, permit or direct any person to engage in, any prohibited activity, as defined in Subsection 30-5.34.4 above, unless a variance is first obtained from the Combined Land Use Board and a tree protection permit is subsequently obtained from the Tree Conservation Officer.
30-5.34.6 Permit application requirements.
[Amended 3-21-2023 by Ord. No. O-05-23]
a.
Application for a tree protection permit shall consist of:
1.
A fully and accurately completed application form provided by the Borough.
2.
A plan showing the location of all existing trees six inches in caliper and greater within 10 feet of the proposed limits of disturbance (including all trees located within the necessary footprint) and all proposed tree removal in sufficient detail to identify the nature and limits of the proposed tree removal, including, but not limited to, the location, species and diameter of all tree removals and the limits of all existing and proposed principal structure's accessory structures in relation to any removals and any proposed grade changes. All trees described in Subsection 30-5.34.4a1 or 2 shall be shown on a plan if construction or any disturbance is proposed within 10 feet of the canopy line of such trees. For removals of five or fewer trees on a lot where the principal use is an existing single-family dwelling, the plan may be provided using a legible sketch, detailed narrative, a Tax Map reproduction, a copy of an existing survey or a similar drawing with field measurements and dimensions provided by the property owner or the owner's agent. For other removals, the plan shall be prepared by a qualified professional acceptable to the Tree Conservation Officer.
3.
A narrative description of the property owner's reasons for removing the trees, including a description of any alternates considered.
4.
A signed evaluation and recommendation from a tree expert, whose qualifications are acceptable to the Tree Conservation Officer, shall be provided if the reasons for the removal include the removal of dead or diseased trees or a horticulturally advantageous thinning or an overgrown area.
5.
A tree protection permit application fee:
(a)
For applications on a lot containing an existing single-family dwelling, not subject to a contract to sell, an option or agreement to buy or a similar agreement, and where no change of title has taken place within the prior calendar year:
(c)
Fees may be waived or modified by the Borough Council for charitable, public or quasi-public agencies or for eleemosynary institutions or in unusual and exceptional circumstances.
(d)
Costs for the Borough's independent expert evaluation shall be borne by the applicant.
b.
The applicant will place or cause to be placed, in a highly visible manner, a one-inch-wide yellow paint dot on the trunk of each tree proposed for removal, to aid the Borough in evaluating the proposed removals.
c.
The Tree Conservation Officer may seek the advice of such Borough officials, agencies, committees, boards, commissions, and independent Borough tree expert as the Officer may believe necessary in evaluating a permit application.
d.
After evaluation of an application, the Tree Conservation Officer will take one of the following actions within the time set forth:
1.
If the Officer determines that the permit application is incomplete, unclear, inaccurate or otherwise deficient, the Officer shall so advise the applicant and return the permit application within 10 days of the date of application. The applicant may revise, supplement and/or resubmit the application, which will then be treated as a new application, except no additional fee is required.
3.
If the Officer determines that the proposed activity is prohibited by the standards set forth in Subsection 30-5.34.4, the application may be referred to the Combined Land Use Board for review and recommendation pursuant to N.J.S.A. 40:55D-25b(3) within 60 days of the date of application. The Officer shall issue or deny a permit for a prohibited activity within 90 days of the application.
4.
In issuing permits under this section, the Officer and or Combined Land Use Board may impose reasonable permit conditions necessary to effectuate the purposes of this section.
e.
Any applicant aggrieved by any decision taken by the Tree Conservation Officer in the administration and/or enforcement of this section may, within 10 days of the date of action of the Officer, appeal to the Combined Land Use Board. The Planning Board may establish procedures to hear such appeals and shall render a decision affirming, reversing and/or modifying the decision or action of the Tree Conservation Officer within 90 days of the date of appeal. In hearing such appeals, the Board may seek the opinion of the Shade Tree Committee, the Environmental Commission or any other state, county or municipal agency or official.
30-5.34.7 Review of applications.
a.
When reviewing applications, the Tree Conservation Officer will, after inspecting and evaluating the conditions on the site and adjacent properties and consulting with such other officials, agencies, committees, boards and commissions as the Officer deems appropriate, determine if the activity proposed is prohibited or permitted in accordance with this section.
1.
Prohibited activities include:
(b)
Removal of a significant specimen tree.
(c)
Any action which will substantially increase the potential of erosion as defined by the applicable Soil Conservation District standards.
(d)
Any action inconsistent with other land use approvals or regulations affecting the site.
(e)
Any action which would create a potential hazard to persons or properties.
2.
Permitted activities include:
(a)
Removal and/or thinning of any trees less than six inches in caliper.
(c)
Any action, including tree removals, required or permitted pursuant to subdivision, site plan and/or variance approval granted by a municipal agency acting under the Municipal Land Use Law and local ordinances.
(d)
Removal of dead, dying or diseased trees or which constitutes a horticulturally advantageous thinning of an existing overgrown area with the approval of the Borough's Tree Conservation Officer.
3.
Restricted activities include:
(a)
All tree removal activities which are not permitted are prohibited. Applications may propose a combination of prohibited and permitted activities. In such cases, the Tree Conservation Officer may segregate the activities proposed and take the appropriate action on each type of activity.
(b)
Applications for restricted activities shall be referred to the Combined Land Use Board in conjunction with applications under the jurisdiction of the Zoning Board of Adjustment for consideration of variance approval.
b.
The Combined Land Use Board shall consider these factors in hearing applications for variances concerning a restricted activity:
1.
Whether the proposed cutting or removal would impair the growth and redevelopment of the remaining trees on the applicant's property or adjacent property.
2.
Whether the proposed cutting or removal would change existing drainage patterns.
3.
Whether the proposed removal would allow soil erosion or increase dust.
4.
Whether the proposed removal would constitute a significant change in the screening between existing or proposed buildings on contiguous lots or the aspect of the lot as viewed from the adjacent public road.
5.
The overall effect of removal of such tree(s) on the physical and aesthetic value of the property and the neighborhood.
6.
Whether proposed changes in the topography of the area where such tree(s) are located will have a land configuration which shall be deemed injurious to the trees or other trees located nearby so as to require welling, construction of an aerification system, or tree removal or replacement.
7.
Whether the proposed changes in topography are required to comply with the minimum base flood elevation as shown on the FEMA Flood Insurance Rate Maps.
8.
Whether a mitigation plan is required. The purpose of such a plan shall be the ultimate replacement on the property of the trees being removed, giving due consideration to a reasonable maturity period for new plantings, and the maintenance at all times of at least 20% of the existing trees (outside of the necessary footprint) on a lot in the existing state.
9.
Whether alternative plans, which eliminate or reduce undesirable impacts but provide reasonable use of the property, are possible, technically practicable and financially feasible. In particular, the Board will consider if the removal of any trees is unavoidable and whether tree removal in excess of 20% is unavoidable.
10.
Whether reasonable application of the standards of this section creates a substantial hardship for the applicant, prohibiting reasonable use of the property consistent with the Planning and Development Regulations, and whether, therefore, a variance should be granted for one or more of the standards.
11.
In appropriate circumstances, an applicant may be required to post performance guarantees, performance cash bonds and/or maintenance guarantees assuring compliance with the provisions of any tree protection permit and this section and assuring provision of replacement plantings required by any mitigation plan or damaged or removed contrary to the terms of any tree protection permit or this section.
30-5.34.8 Tree mitigation requirements.
a.
Not more than the number of tree(s) as set forth in Exhibit A shall be removed on any lot unless the tree(s) are replaced with tree(s) the total DBH of which is equal to at least 30% of the total DBH inches of the tree(s) removed.
Exhibit A | ||
|---|---|---|
Maximum Number of Trees that Can be Removed Without Tree Mitigation Requirements | ||
Zone | Number of Trees | |
A-1 Zone | 2 | |
A Zone | 3 | |
b.
No replacement tree shall have a DBH less than two inches.
c.
All replacement trees shall be installed on the subject site. If, in the opinion of the Tree Conservation Officer, sufficient space is not available on the subject property, the trees may be installed on an alternate site within the Borough, acceptable to the Tree Conservation Officer; however, the Tree Conservation Officer may waive this requirement when, in its opinion, it is in the best interest of the Borough, subject to the applicant posting a contribution in the amount of $500 per tree. Funds collected by the Borough from applicants as a result of waivers shall be maintained in a shade tree account, the proceeds of which shall be available to install and maintain shade trees throughout the Borough.
d.
Tree replacement and/or tree mitigation shall be shown on a landscape plan or other document that shall be prepared by a qualified professional, acceptable to the Tree Conservation Officer.
e.
The Tree Conservation Officer shall seek the advice of such Borough officials, agencies, committees, boards, commissions, or independent Borough tree experts as the Officer may believe necessary in evaluating the mitigation plan.
f.
An applicant shall be required to post performance cash and maintenance guarantees to assure compliance with the provisions of any tree protection permit and this section and assuring provision of replacement plantings required by any mitigation plan or trees damaged or trees removed contrary to the terms of any tree protection permit or this section.
30-5.34.9 Protection of existing trees and street trees.
In connection with any construction, subsequent to tree clearing but prior to the start of other construction, snow fencing or other protective barrier acceptable to the Construction Official and/or Tree Conservation Officer shall be placed around trees and street trees that are not to be removed. The protective barrier shall be placed at the dripline (or canopy line) of any tree and shall remain in place until all construction activity is terminated. No equipment, chemicals, soil deposits or construction material shall be placed within any areas so protected by barriers. Any landscaping or utility activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor. Tree protection measures shall be in place prior to the issuance of any tree removal permit or building permit.
30-5.34.10 Emergency action.
In the event of an emergency, any person otherwise subject to this section, having responsibility, jurisdiction and/or authority to cure, remedy or mitigate dangerous, hazardous, inconvenient, unhealthy or obnoxious conditions resulting from the emergency, may, without first applying for and obtaining a permit under this section, take any lawful action which is otherwise a tree removal activity. However, such person, or the agent or designee of such person, shall apply for a tree protection permit not later than the end of the second succeeding business day after any tree removal activity takes place and may not proceed with nonemergency work, including restoration, until a permit is obtained.
30-5.34.11 Persons exempt.
This section shall not apply to prohibited activities by:
a.
The Borough or those acting under the control and direction of the Borough, including any person acting pursuant to a specific agreement or contract approved by the Borough Council.
b.
Federal, state or county agencies or those acting under their control and direction.
c.
Entities having, by their charters and the laws of the state, authority to engage in a prohibited activity without the consent of the Borough, but only insofar as the purpose to which such authority extends; in all other respects, such entities shall comply with this section.
d.
Commercial nurseries and similar established legally operating uses.
e.
Properties operating under a silviculture or forestry management plan approved by the State of New Jersey.
f.
Utility companies within public rights-of-way when such companies are operating under the jurisdiction of the public agency controlling the rights-of-way.
30-5.34.12 Violations and penalties.
a.
Any person(s), firm(s), or corporation(s) who violates any provision of this section shall, upon conviction thereof in municipal court, be punished by imposition of the penalties as permitted by law. The property owner shall be subject to a fine of not less than $200 nor more than $2,000 and replacement of the tree, consistent with the requirements of this section. Each instance of engaging in a separate tree removal activity, in violation of this section, including specifically each tree removed, shall be deemed a separate offense.
b.
In addition, the Borough may institute a civil action for injunctive or other relief to enforce the provisions of this section, including requiring the replacement of all trees illegally removed and/or, at the option of the Borough, the payment of a contribution to allow equivalent mitigation on public land.