No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface.

No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in conjunction with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified.

Existing natural features, such as trees, brooks, drainage channels and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.

Not more than three accessory structures of different uses shall be permitted per lot. For example, one shed, one garage and one gazebo are permitted. Accessory structures must be located at least 10 feet from the principal structure, except as described in Subsection B.

Accessory structures that are attached to principal structures, via a nominal or substantial attachment, shall comply with required setbacks of the principal structure and shall be considered part of the principal structure.

Detached accessory structures shall be located in the rear yard and shall conform to setbacks of not less than five feet from the side or rear yard.

Garages and pool houses shall be constructed of compatible building materials and architectrual style, including painting schemes, as the principal structure.

Garages shall not exceed a footprint of 750 square feet and shall have concrete or equivalent floors. The maximum height line measured at the ridge shall not exceed 20 feet in height. Garages shall have pitched roofs. Areas above detached garages may be finished, but in no case used for business services or as separate living quarters. Heating and half bathrooms are allowed, but cooking facilities are not permitted.

All garages attached to the principal structure shall be set back not less than five feet from the front facade of the principal structure, and an attached front-loading garage shall not exceed two bays. Garages shall have pitched roofs.

Sheds and gazebos shall not exceed 200 square feet in floor area. Small sheds and gazebos, i.e., 100 square feet in floor area or less, without permanent footings shall not require a building permit. Large sheds and gazebos, i.e., 101 square feet to 200 square feet in floor area, shall require a building permit whether they utilize permanent footings or not and shall be constructed compatible building materials and architectural style as the principal structure. The maximum height for all sheds and gazebos shall be 12 feet. Pool houses shall not exceed 300 square feet in floor area.

Section 215-16A shall not apply to accessory structures.

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. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets, for both principal and accessory buildings.

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 area shall be measured from such proposed right-of-way line.

No front yard shall be used for open storage of boats, vehicles or any other equipment. This subsection should not be construed to prohibit the parking of a motor vehicle on a driveway located in a front yard.

In the R-80 Zone, at least 50% of the front yard shall be lawn or landscaped and shall not be used for the parking of cars or other vehicles. In the R-100 Zone, at least 70% of the front yard shall be lawn or landscaped and shall not be used for the parking of cars or other vehicles.

Front yards. In any residential zone where 50% or more of the lots within a distance of 500 feet on the same side of the street are developed, the front yard requirements for any lot within such area shall be the average of the existing front yards on the developed lots.

Side yards. In the case of lots upon which an existing structure is located, the combined total side yard requirements shall be reduced by six inches for each foot by which a lot is less than the minimum requirement for the zone in which located. In any case, the side yard width for either side yard shall not be reduced to less than 50% of the requirement of said zone.

Off-street parking space shall be provided as further specified in this chapter, and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways, except where provided in connection with one-family residences, shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the Borough Engineer.

None of the off-street parking facilities as required in this chapter shall be required for any existing building or use, unless said building or use shall be enlarged, in which case the provision of this chapter shall apply only to the enlarged portion of the building or use.

The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.

All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

Off-street parking areas located in commercial zones and which provide parking for 20 or more vehicles shall be provided with shade trees of a type approved by the Borough Shade Tree Committee and located not further than 60 feet on center.[1]

Except as provided in Subsection B below, before a fence, wall or retaining wall shall be erected, a zoning permit from the Zoning Officer must be obtained, and if required by state regulation, a building permit from the Construction Code Official must also be obtained. A request for a permit shall be accompanied by a plot plan which shall show the location of the fence, wall or retaining wall in relation to all other structures and buildings and in relation to the property lines and abutting streets.

Any fence, wall or retaining wall three feet or less above ground level shall not require a building permit or zoning permit.

Any fence, wall or retaining wall located within the front yard or within the minimum required front yard, whichever is greater, shall not be erected, altered or reconstructed to a height in excess of three feet above ground level, except as provided in Subsection F with respect to corner lots in the R-80 and R-100 Zoning Districts. A fence or wall located elsewhere shall not be erected, altered or reconstructed to a height in excess of six feet above ground level or in violation of Chapter 185, Swimming Pools. A retaining wall which is located in other than the front yard or minimum required front yard and exceeds three feet in height shall be subject to Subsection D.

Retaining walls greater than three feet in height are permitted in the side and rear yard areas only and shall be subject to the following:

All permitted fences and walls shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence or wall shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals, except that the requirements of state or federal regulations shall prevail. Common boundary fences or walls shall be erected so as to be located wholly within a lot.

In the R-80 and R-100 Zone Districts, a fence or wall of up to but not exceeding five feet in height shall be permitted for single-family detached dwellings on corner lots within that portion of the front yard of the corner lot abutting the rear yard, subject to the following conditions:

Auction markets.

Miniature golf course, golf driving ranges and similar outdoor commercial recreation facilities.

Junkyards, automobile wrecking or disassembly yards, the sorting or baling of scrap metal, paper, rags or other scrap or waste materials.

The keeping or raising of swine, fur-bearing or other animals which by reason of the nature of their diet (scrap meat, fish, etc.) and/or the living habits of the animals themselves normally cause or result in objectionable odors.

Trailer courts, trailer coaches used as a dwelling or commercial activities related to the outdoor storage or display of trailer coaches.

Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar materials, but excluding recycling centers authorized by Borough Council. A recycling center is a facility for the collection and temporary storage of recyclable materials and operating under authorization of Borough Council. Recyclable materials shall be limited to newspapers and magazines, glass bottles, aluminum and/or steel cans and other materials specifically approved by Borough Council.[1]

Open-air drive-in moving picture theaters.

Drive-in restaurants.

Any use of any building or premises in such a manner that the health, safety or welfare of the community may be endangered.

The open storage of any unregistered, unlicensed or inoperable motor vehicle or portion thereof for a period in excess of six months.

Gas (illuminating or heating) storage, except for consumption on the premises.

Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal, except by the municipality or its agents.

Petroleum or its derivatives except when stored in underground tanks for use on the premises and not in excess of 40,000 gallons of fuel oil or 20,000 gallons of gasoline or kerosene.

Slaughterhouses.

The manufacture of heavy chemicals such as but not limited to mineral acids or other corrosives, ammonia, chlorine, bleaching powder, caustic soap, sulfurous, sulfuric, nitric, carbolic or hydrochloric acid; the manufacture of basic or semifinished chemicals, such as cellulose products, resins, dye stuffs, glue, vegetable, animal or mineral fats or oils, explosives, fireworks, combustible gases, soaps and detergents, fertilizers, asphalt and tar products; the manufacture or production of metals and alloys in ingot form.

Any trade or use which is noxious or offensive by reasons of the emission of odor, dust, gas or noise.

Cannabis cultivators, cannabis manufacturers, cannabis wholesalers and cannabis distributors, medical cannabis cultivators, medical cannabis manufacturers and clinical registrants.

The temporary use of readily portable construction sheds and construction trailers may be permitted in any zone during the period of and in connection with the actual construction of a permanent structure on the lot or on any lot within the development of more than one lot, upon which such shed or trailer is located as determined by the Zoning Officer.

No shed or trailer shall be used for dwelling purposes at any time; provided, however, that the Zoning Officer may, in a situation in which the existing dwelling on the property has been made uninhabitable by reason of fire or act of God, permit the property owner and his family to occupy a residential-type trailer on the property for the period of time required to repair/reconstruct the dwelling not to exceed one year. Any such occupancy shall also be subject to approval of the Health Officer and the Building Construction Official.

Permits for such sheds or trailers shall be issued by the Zoning Officer only for the reasonably anticipated period of the construction at which they are to be used and shall, in no event, be issued for more than one year.

Such permits may be renewed by the Zoning Officer for periods not longer than six months, if construction activity is continuing.

Any such shed or trailer shall, in any event, be removed immediately upon substantial completion of the construction at which it is used.

Satellite receiving-only and other types of receiving antennas may be permitted, subject to the following findings of the Borough of Pennington:

The installation and construction of all satellite receiving-only and other types of receiving antennas shall be subject to the following minimum requirements:

A ground mounted antenna shall be screened from adjacent properties to the extent possible and practical with nondeciduous plantings or other means acceptable to the Planning Board. To the greatest extent possible, all antennas shall blend with the immediate surrounding area, including the color of the roof if roof-mounted.

No lot shall have more than one satellite receiving-only and one other type of receiving antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed in accordance with the Uniform Construction Codes. Additionally, the installation of all antennas shall meet all local, state and federal requirements, including those contained in the Uniform Construction Codes.

Portable antennas are prohibited.

All antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all local, state and federal requirements, including those contained in the Uniform Construction Codes.

No roof-mounted antenna shall have a total height in excess of 15 feet, measured from the average grade elevation at its base. Antenna diameter shall be limited to the minimum required for proper antenna function.

Satellite receiving-only and other types of receiving antennas three feet in diameter or less are not subject to § 215-27 and are not required to have a zoning permit.