Perth Amboy City Zoning Code
ARTICLE IX
Performance Standards
§ 430-59 General requirements.
A.
The developer shall employ a New Jersey licensed professional engineer and/or architect to prepare all plans and specifications or similar documents and a licensed land surveyor of New Jersey to make land surveys.
B.
Construction shall be performed under the supervision and inspection of the Municipal Engineer in accordance with the regulations defined elsewhere herein.
C.
Minor modification or changes in the approved plan and specification may be effected only upon written approval of the Municipal Engineer, but some changes may require further review and approval of the approving board prior to making any change.
§ 430-60 Specific requirements.
The following design and performance standards shall be adhered to:
A.
Accessory buildings.
(1)
An accessory building attached to the principal building shall comply in all respects with the yard requirements of the principal building.
(2)
Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to the side yard requirements. Rear yard setback shall be a minimum of five (5) feet, except residential properties which have pools, which shall have a minimum setback of two and one-half (2.5) feet.
[Amended 9-21-2005 by Ord. No. 1304-2005]
(3)
No accessory building in conjunction with a residential dwelling shall exceed three hundred (300) square feet in gross floor area.
(4)
No accessory building within any zone shall exceed fifteen (15) feet in height.
(5)
No accessory building within any zone shall be used for residential purposes such as dwellings, sleeping quarters, kitchens or bathrooms. Use of accessory buildings for recreational purposes such as game rooms, or play rooms shall be permitted only in residential zones.
[Amended 9-21-2005 by Ord. No. 1304-2005]
(6)
No accessory building, with the exception of flag poles, light or sign posts, walks, driveways, patios at ground level and mailboxes, shall be erected within any front yard.
B.
Bikeways.
(1)
Bikeways may be required at the approving authority's discretion, depending on the development's location in relation to schools, recreation areas, shopping facilities and other populated areas. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible.
(2)
Bikeways shall generally not exceed a grade of three percent (3%), except for short distances, and shall be a minimum of eight (8) feet wide. Bikeways shall have a minimum of a four-inch base of crushed stone and a two-inch FABC-2 surface course. Where bike paths, located outside street rights-of-way, intersect a street, the curbing shall be ramped for bicycle access to the street grade, and the applicant shall be required to post adequate signs for the street warning vehicles of the bicycle crossing.
C.
Buffers.
(1)
Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It shall consist of fencing, evergreens, berms, mounds or combinations to achieve the stated objectives.
(2)
When required. Buffer areas shall be required along all lot lines and street lines which separate a nonresidential zoning district and/or where the approving authority has determined that there is a need to shield a site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light and traffic.
(3)
Where required. Buffer areas shall be measured from property lines. Buffers shall be at least ten (10) feet in width, measured from the property line, except where otherwise stated.
(4)
Parking areas, garbage collection and utility areas and loading areas shall be screened around their perimeter by a buffer a minimum of five (5) feet wide.
(5)
All buffer areas shall be planted and maintained with either grass or ground cover, together with a living wall screen of live shrubs or scattered planting live trees, shrubs or other plant material meeting the following requirements:
(a)
The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.
(b)
Plant materials used in screen plantings shall be at least four (4) feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted and other adverse impacts, such as, but not limited to, noise, windblown debris and other typical and frequent nuisance problems, as well as create an aesthetically pleasing and attractive view to mask or obscure the use, function, or structure located upon the site.
(c)
The screen planting shall be so placed that at maturity it will not be closer than three (3) feet to any street or property line.
(d)
Trees shall be at least eight (8) feet in height and two and one-half (2 1/2) inches caliper when planted and be of species common to the area, be of balled and burlapped nursery stock and be free of insects and disease.
(e)
Any plant material which does not live shall be replaced within one (1) year or one (1) growing season.
(f)
Screen planting and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear-sight triangle at all street and driveway intersections.
(g)
No buildings, structures, storage of materials or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
D.
Corner lots. Any principal or accessory building located on a corner lot shall have a minimum setback from all street lines equal to the required front yard. The remaining yards shall be considered side yards for the purpose of this chapter.
E.
Environmental impact statement.
(1)
General provisions.
(a)
Purpose. The purpose of this subsection is to establish rules, regulations, standards and procedures for the preparation of an environmental impact statement by the applicant in order to provide essential information to the appropriate reviewing board so that the environmental consequences of a proposed activity can be evaluated and controlled for the promotion of the safety, public health, convenience and general welfare of the community. The environmental impact statement shall describe, with suitable sketches and plans, the environmental impact statement as part of the application submission documentation.
(b)
The preliminary plat for any development of one (1) acre or more shall be accompanied by an environmental impact statement complying with the following, unless, as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements:
[1]
A description of the development specifying what is to be done during construction and operation, how it is to be done and practical alternate plans to achieve the objective(s).
[2]
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply water quality floodplain protection; geology, soil erosion; wetlands; sewage disposal; topography, slopes in excess of ten percent (10%); vegetation and vegetation protection; depth to bedrock; noise characteristics and levels; air quality; land use; site aesthetics, such as views, terrain and mature wooded areas; and historic sites. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conversation Service categories and characteristics.
[3]
A list and the status of the licenses, permits and approvals needed from federal, state or county agencies, including the conclusions and comments of these governmental agencies.
[4]
An evaluation of any adverse environmental impacts which cannot be avoided. Particular emphasis shall be placed upon air or water pollution, traffic increases, increase in noise, increase in sedimentation and siltation, increase in municipal services or capital needs and consequences to the municipal tax structure. The evaluation should include how the developer can assist in minimizing the adverse impacts by altering design concepts or by making, or participating in, on- or off tract improvements.
[5]
In conjunction with the submission of an environmental impact statement, the applicant shall prepare and submit a fiscal impact analysis which shall detail all municipal costs to be generated by the proposed development, identified by type of obligation, such as, but not limited to, public safety, public works, health and welfare, recreation, education, administration, utilities, garbage, etc. All anticipated municipal revenues to be realized by the creation of the proposed development shall be identified. In both cost and revenue analysis, dollar values used shall reflect the current year of application budgeting dollar equivalents for comparative purposes. A determination of annual net cost revenue shall be provided. This cost revenue analysis shall be provided via annual projection to the year of projected one-hundred-percent project buildout completion.
(2)
Information required.
(a)
General requirements. The information required shall be presented in a concise descriptive report. The descriptive report shall be supplemented with graphic and explanatory material when environmentally sensitive areas are involved. Environmentally sensitive areas include, but are not limited to, stream corridors and floodplains, depth to bedrock of less than two (2) feet, streams and water bodies, wetlands, slopes greater than ten percent (10%), highly acid or erodible soils, mature stands of trees, aquifer recharge areas, aquifer discharge areas and unique natural features and habitats.
(b)
Specific requirements.
[1]
Project description. Describe the suitability of the site for the intended use and indicate the extent to which the site must be altered, the kinds of facilities to be constructed, the uses intended and an estimate of the resident population and working population. The compatibility or incompatibility of the proposed project shall be described in relation to the following.
[2]
Site description and inventory.
[a]
Types of soil. A complete mapping of all soil types on the site shall be required, and a description of each soil's characteristics shall be included, with a reference to the Soil Survey of Middlesex County, New Jersey. The statement should make specific reference to the soil and water features and, where applicable, sanitary facilities.
[b]
Topography. Describe the topographic conditions of the site.
[c]
Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is in close proximity to the surface [within two (2) feet of the surface], as well as major rock outcroppings.
[d]
Vegetation. Map and describe the diversity and frequency of all major species.
[e]
Wildlife. Describe the diversity and extent of wildlife habitats. Identify any unique habitats.
[f]
Surface water. Describe and map existing watercourses and water bodies that are partially or totally on the site. Determine the existing surface runoff from the site. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. When the natural drainage pattern will be significantly altered or sewage effluent is to be added to a water course or body, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters.
[g]
Subsurface water. Where existing conditions warrant, describe the subsurface water conditions on the site, in terms both of depth to groundwater and of water supply capabilities of the site. From existing data, provide detailed information regarding existing wells within five hundred (500) feet of the site as to depth, capacity and water quality.
[h]
Unique, scenic and/or historic features. Describe and map those portions of the site which can be considered to have unique scenic and/or historic qualities. Discuss views to and views from prominent locations.
[i]
Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment. Include roads, housing units, accessory structures, utility lines, sewage facilities and public water supplies. When required, a regional analysis should be included which describes existing infrastructure for stormwater, sewerage, water supply and transportation.
[3]
Environmental impact.
[a]
Describe on-site sewerage facilities and off site sewerage connections. Demonstrate adequacy of both on-site and off site sewerage facilities and capacities and that the sewage can be disposed of without pollution to natural and man-made water systems.
[b]
Demonstrate that an adequate potable water supply is available for both domestic use and fire protection and demonstrate compliance with N.J.S.A. 58:12A-1 et seq., the New Jersey Safe Drinking Water Act, and BH Chapter 4, Individual and Semipublic Water Supply Code.
[c]
Discuss the effect of the proposed activity on ground- and surface water quality and quantity. Include calculations of before-development and after-development infiltration capacity. Describe any activities which may result, even temporarily, in compliance with relevant water quality standards and demonstrate ability to comply permanently with state and local regulations as set forth in N.J.S.A. 26:3B-2 and 26:3B-3, Nuisances, N.J.A.C. 7:14, Water Pollution Discharge Elimination System, BH Chapter 2, Section 2-11c, Public Health Nuisance Code, and BH Chapter 12, Water Supply Protection.
[d]
Describe any impact on stream corridors, wetlands, erodible soils, vegetation, wildlife habitats, aquifer recharge areas and historically or archaeologically significant areas.
[e]
Describe any effect, including cumulative effects, of the proposed activity on air quality surrounding the project. Demonstrate compliance with relevant state and local regulations in the air as set forth in N.J.A.C. 27, Air Pollution Control, BH Chapter 2, Section 2-11d, Public Health Nuisance Code, and BH Chapter 16, Air Pollution Control.
[f]
Demonstrate that there will be no significant increase in sound levels which will adversely impact public health and welfare or be detrimental to the quality of life and privacy of the surrounding community. Demonstrate compliance with N.J.A.C. 7:29, Noise control, and BH Chapter 2, Section 2-11c, Public Health Nuisance Code.
[g]
Describe any hazardous substances to be transported to or from or to be stored at the site and solid waste which be generated by the proposed activity. Demonstrate compliance with relevant state and local regulations and standards as set forth in N.J.S.A. 13:1K-6, the Environmental Cleanup and Responsibility Act, N.J.A.C. 7:19, Discharges of Petroleum and Other Hazardous Substances, N.J.A.C. 7:30, Pesticide Control, and BH Chapter 17, Hazardous Substance Control.
[h]
Describe the environmental impact of traffic generation.
[i]
Describe any adverse environmental effect that may occur during the construction phase of the project.
[j]
List all publications, file reports, manuscripts or other written sources of information related to the project, the project site and the city which were consulted and employed in the compilation of the environmental impact statement.
[k]
Demonstrate that there will be no adverse impact to environmentally sensitive areas from the proposed development.
[l]
Demonstrate that there will be no adverse impact to traffic safety from the proposed development.
[m]
Hazardous substance or wastes. In any use, reuse or occupancy of any property, other than residential property, greater than one (1) acre in area, a statement documenting previous uses or occupancies and indicating hazardous substances or wastes which were generated, stored, manufactured, processed or used in any way on the site since 1900. If any hazardous substances or wastes were located on site, the following requirements must be complied with.
i.
List all types and quantities, if known, of hazardous substances or wastes, including petroleum products, that are or were generated, manufactured, refined, treated, stored, handled, or disposed at the property which are included in NJDEPE's List of Hazardous Substances at Appendix A of N.J.A.C. 7:1E. List amounts of any waste substances required to be reported to NJDEPE on special waste manifest forms pursuant to N.J.A.C. 7:26-74 and substances or wastes designated as hazardous pursuant to N.J.A.C. 7:26-74 and 7:26-8 or otherwise as provided by law.
ii.
The property owner must completely describe the operations and processes conducted at the site, including a list of all time, tenants, their operations and processes occupying any part of the property. Use of Sanborne Maps on file with the city to document prior uses must be used at a minimum.
iii.
Test boring data analyzing soil and groundwater contamination must be supplied as appropriate.
[n]
Environmental performance controls. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off site resulting from the proposed activity, including but not limited to site design techniques sensitive to the natural environment, which should include innovative landscapes, building and circulating the environmental impact statement and their curriculum vitae.
[4]
Disposition. The municipal reviewing board shall use the environmental impact statement and, where appropriate, formulate reasonable and necessary conditions of approval which will mitigate adverse environmental impact.
[5]
Notwithstanding the foregoing, the approving authority may waive the requirement for all or part of an environmental impact statement if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact or upon a finding that the complete environmental impact statement need not be prepared in order to evaluate the environmental impact of the development.
F.
Fences, walls, hedges. Fences and walls shall not be located in any required sight triangle. Fences may be erected, altered or reconstructed in accordance with the following regulations and in accordance with all other provisions of this chapter:
(1)
Hedges running parallel to the front property line may be erected, altered or reconstructed to a height not to exceed four (4) feet above ground level toward which the front entrance of any dwelling in a residential zone faces.
(2)
Fences may be permitted in any yard, provided that they do not exceed four (4) feet in height at any point within the front yard and that they do not exceed four (4) feet along the property.
(3)
Fences and hedges running parallel to side or rear yard lines may be erected, altered or reconstructed to a height not to exceed six (6) feet when located in said side or rear yards of any dwelling in a residential zone at any point to the rear of the rear building line. For corner lots in R-25 Zone, the largest rectangular area enclosed from the principal building to the rear property lines from the side or rear of the principal building may be fenced with a six (6) foot high fence provided the fence is set back from the street parallel and at or behind the building setback line.
[Amended 9-21-2005 by Ord. No. 1304-2005]
(4)
The foregoing restrictions shall not be applied so as to prevent the erection of any open wire fence not exceeding eight (8) feet above ground level anywhere within a public park, public playground or school premises.
(5)
All fences, walls and hedges must be erected within the property lines, and no fence, wall or hedge shall be erected so as to encroach upon a public right-of-way.
(6)
All fences, walls, and hedges shall be maintained in a safe, sound and upright condition and present a uniform appearance.
(7)
Fences on property bordering crosswalks that bisect two (2) residential properties shall not exceed six (6) feet in height on the side of the property adjoining the crosswalk. Fences must be set back at least two (2) feet from the crosswalk.
(8)
The height of the fence shall be measured from a point on the ground directly under the fence to the highest point on the fence above the ground reference.
(9)
The maximum height above indicated shall not apply to any fencing within ten (10) feet of the periphery of any private wading or swimming pool.
(10)
When a fence, as constructed, shall have a finished side as compared to an unfinished or inside surface, the finished or public side shall face outward.
(11)
No fence shall be situated in such a manner that would obstruct the view of vehicular or pedestrian traffic at any intersection or crosswalk.
(12)
Nothing in this section shall supersede the mandatory sight triangle requirements as found elsewhere in this chapter.
(13)
No fence shall be constructed of any material or in any manner which may be dangerous to persons or animals. Barbed wire, constine wire and/or razor ribbon including open barbs on chain link fences are prohibited.
[Added 8-9-2000 by Ord. No. 1041-2000]
(14)
Fences in any industrial zone located in side and rear yards to the rear of the principal building shall be permitted to be eight (8) feet in height.
[Added 9-21-2005 by Ord. No. 1304-2005]
G.
Fire protection.
(1)
Provision shall be made for fire hydrants along streets, together with connections, standpipe and sprinkler on the outside walls of nonresidential structures as approved by the Municipal Fire Department and Municipal Engineer and in accordance with Insurance Services Office standards.
(2)
Fire lanes twelve (12) feet in width shall be required across the front and rear of all new residential, institutional, commercial and industrial uses with gross floor area in excess of ten thousand (10,000) square feet. Similar fire lanes are recommended for design along the sides of all new commercial and industrial uses. Parking shall be strictly prohibited in all fire lane areas.
(3)
The minimum internal drive radius for any new street shall be designated to accommodate an inside turning radius of twenty-eight (28) feet.
H.
Height. The height limitations of this chapter shall not apply to church spires, fire walls, belfries, cupolas, chimneys, ventilators, skylights, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve. Provisions of this chapter shall permit the erection of parapet walls or cornices for ornament without windows above the building height limit by not more than three (3) feet. Quasi-public buildings and public buildings, schools and churches may exceed the height limit herein established, provided that such uses shall increase the front, rear and side yards one (1) foot for each foot by which such building exceeds the height limit established for the district within which the use is located.
I.
Homeowner's association. A homeowner's association may be established to own and maintain common open space and common property designed within a development. If established, the organization shall incorporate the following provisions in a manner consistent with and as may be more specifically regulated by the New Jersey State Condominium Act[2] and the New Jersey Planned Real Estate Development Act[3]:
(1)
Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interest in the project shall be mandatory. Required membership and their responsibilities shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his pro rata share of the organization's costs.
(2)
The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization.
(3)
The organization shall be allowed to adjust the assessment to meet changing needs.
(4)
The organization shall clearly describe in its bylaws and governing documents all the rights and obligations of each tenant and owner, including a copy of the covenant, master deeds, bylaws and articles of incorporation of the organization, and shall state that every tenant and property owner in good standing shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
(5)
The articles of incorporation, covenants, bylaws, master deeds and other legal instruments shall ensure that such organization shall maintain the common open space or common property in reasonable order and condition. The Municipal Council may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof.
J.
Off site and off-tract improvements.
(1)
Before final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted circulation plan and utility plan, the installation, or the furnishing of a performance guaranty in lieu thereof, of any or all of the following off-site and off tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property: street improvements, water system, sewerage, drainage facilities and easements thereof.
(2)
Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guaranty, if any. If the governing body does not take action on the improvements and the applicable performance guaranties within the time the approving authority must act, the approving authority may grant conditional approval of the plan.
(3)
The governing body shall determine as to each required improvement whether it is to be paid for entirely by the municipality, entirely by the developer or cooperatively by the developer and the municipality in accordance with fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area.
(4)
The financing and construction of the improvements shall be arranged in one (1) of the following manners:
(a)
If constructed by the municipality and all or a portion of the improvements are the financial responsibility of the developer, the developer's share shall be paid to the municipality in cash or certified check prior to the final approval of the plan.
(b)
If constructed by the developer and all or a portion of the improvements are the financial responsibility of the municipality, the developer shall be paid the municipal share in accordance with the terms of the construction contract, and the completion of the work shall be guaranteed in an amount and under the terms set forth in Article XIII, Guaranties and Improvement Procedures.
K.
Performance standards, general.
(1)
Electricity. Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.
(2)
Glare. No use shall direct or reflect light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.
(3)
Heat. Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature as measured on the boundary between neighboring uses.
(4)
Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection, New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.
(5)
Vibrations.
(a)
Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three (3) mutually perpendicular directions simultaneously.
(b)
Vibration level restrictions. Vibration levels shall not exceed a particular velocity of five-hundredths (.05) inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of two hundredths (.02) inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
(6)
Airborne emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Bureau of Air Pollution Control, New Jersey Department of Environmental Protection, pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate.
(7)
Odorous matter. No odor shall be emitted that is detectable by human olfactory sense at or beyond an adjacent lot line.
(8)
Noise emissions. Noise level restrictions: noise shall not exceed the maximum sound levels specified in the table:
Noise Level Restrictions | |
|---|---|
Performance Category | Maximum Level Permitted (dBA where measured) |
Residential districts | 55* on or beyond the neighboring use or lot line |
All other districts | 65 on or beyond the district boundaries |
*NOTE: In any residential district, the A-weighted sound levels shall not exceed forty-five (45) decibels during the hours of 9:00 p.m. to 7:00 a.m. Whenever a residential district abuts any other district, the most restrictive of the limitations shall apply. | |
(9)
Storage and waste disposal.
(a)
In all districts permitting an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such operation shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.
(b)
All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection Association or Department of Labor and Industry Codes, whichever is more restrictive.
(c)
All outdoor storage facilities for fuel, raw materials and products stored outdoors, wherever permitted, shall be enclosed by a conforming safety fence and visual screen and shall conform to all yard requirements imposed upon the principal buildings in the district and storage regulations of the National Fire Protection Association.
(d)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.
(e)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.
L.
Principal use. No lot shall have erected upon it more than one (1) principal permitted use. No more than one (1) principal building shall be permitted on one (1) lot, except that a shopping center, apartment or planned multifamily residential development project and industrial complex all receiving site plan approval may be permitted to have more than one (1) building on a lot in accordance with the standards of the zoning district in which it is located.
M.
Recycling. All development proposals involving a single-family development of fifty (50) or more units, a multifamily development of twenty-five (25) or more units or a commercial or industrial development of one thousand (1,000) square feet or more of land shall provide adequate provisions for the collection, disposition and recycling of recyclable materials as designated by the municipality's Recycling Ordinance[4] and the Statewide Mandatory Source Separation and Recycling Act.[5]
N.
Receive-only antenna standards.
(1)
For purposes of this chapter "receive-only antenna" means any apparatus which is designed for the purpose of receiving radio, television, microwave, satellite or similar signals.
(2)
No receive-only antenna that has a combined total weight of antenna and mounting mast in excess of thirty-five (35) pounds shall be constructed, erected or installed unless and until a building permit is issued by the Construction Official following the procedures set forth herein.
(3)
One (1) receive-only antenna shall be permitted per lot in any district as a permitted accessory use, provided that the code official finds and determines that the following conditions have been met:
(a)
The antenna surface area, measured in terms of square feet, shall be no more than eighty (80) square feet.
(b)
The equivalent diameter of the antenna, measured in terms of linear feet, shall be no more than ten (10) feet [three and one-tenth (3.1) meters].
(c)
The height of the antenna, including its base or mounting structure, measured vertically from the ground to the highest point of the antenna when positioned for operation in a ground mounting, shall be no more than thirteen (13) feet, except as in Subsection O(3)(i) below.
(d)
Each antenna shall be mounted on a base affixed to the ground and shall be erected on a secure foundation. For any antenna whose weight exceeds thirty-five (35) pounds, the design of the mounting shall be accompanied by the submission of structural mounting plans, specifications and calculations signed and sealed by a New Jersey Professional Engineer and shall contain:
(e)
Each antenna shall be located only in the rear yard of the lot for which it is to be installed and shall comply in all respects with the minimum requirements for the rear yard and side yards of the zone in which said lot is situated.
(g)
In any residential zone, any antenna shall be designed only for the reception of signals for the use, benefit and enjoyment of the occupants of the structure on the lot on which the antenna is proposed to be installed.
(h)
No more than one (1) antenna of a particular antenna type shall be permitted as an accessory for any primary use.
(i)
When reception blockage makes rear yard ground placement of the antenna impossible or prevents the antenna from fulfilling its intended use, then such antenna may be installed on a structure above the height authorized in Subsection O(3)(c) above, provided that in no case shall an antenna be installed upon any segment of roof or exterior wall which is within that fifty percent (50%) of the structure closest to any public right-of-way line. In the case of through lots, this regulation shall only be enforced upon that frontage upon which the principal dwelling entrance faces. In the case of three-sided corner lots, this regulation shall be enforced upon two (2) of the three (3) sides of a structure which face a street right-of-way.
(j)
No receive-only antenna may be installed as the sole structure on any property.
(k)
Antenna shall be screened by fencing and shrubbery to reduce motor drive noise and to eliminate the visual impact of the antenna as may be perceived from the adjacent streets and the adjacent properties. In order to ensure an unobstructed cone of reception from all known North American C & Ku Bank programming sending satellites, for those types of receive-only antennas accommodating such broadcasts, no screening or fencing shall be required around ground-mounted receive-only antenna within the compass headings of 220 (140 W) to 300 (50 W). Further, no screening or fencing shall be required between the vertical angles ten degrees (10°) to forty-five degrees (45°) elevation to ensure an unobstructed cone of reception. In all other horizontal and vertical quadrants except as noted above, full screening of ground-mounted units shall be required. Screening shall be eight (8) feet in height and shall be planted to provide maximum screening and shielding from view. Eight-foot-height stockade fencing shall be required as a minimum.
(l)
All ground-mounted units shall be colored in brown or green earth tones. All roof-mounted units shall be colored in light blue, gray or silver sky tones. All wall-mounted units not protruding above the roofline shall be so colored as to match the exterior wall treatment of the structure to which it is attached.
(m)
Planter boxes or planter tubs shall be placed around the base of the mounting pole to improve the aesthetic appearance of all ground-mounted antennas.
(n)
No form of advertising or identification shall be allowed on the receive-only antenna.
(o)
The receive-only antenna shall comply with all setback regulations of the zone in which it is situated.
O.
Soil erosion and sediment control. All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the public health, safety, convenience and general welfare of the community.
(1)
Regulation and permits.
(a)
No building permit shall be issued for any application requiring either site plan or major subdivision approval until final plat approval has been given, including an approved soil erosion and sediment control plan.
(b)
No person shall proceed with any soil removal, soil disturbance or land grading without first having obtained either a permit for that purpose or a building permit based on an approved plat as outlined above.
(c)
A permit shall not be required under this chapter where Subsection P(6) below applies, provided that no soil is removed from the premises involved.
(2)
Data required.
(a)
A plan showing the area(s) of soil removal, soil disturbance and land grading and establishing the means for controlling soil erosion and sedimentation for each site or portion of site when developed in stages shall be provided.
(b)
The soil erosion and sediment control measures shall be certified by the Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures.
(c)
The plan shall be prepared by a professional engineer licensed in the State of New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in N.J.S.A. 45:8-28, and shall contain:
[1]
The location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics, and a copy of the County Soil Conservation District Soil Survey (where available).
[2]
The location and description of the work and proposed changes to the site, including contours and spot elevations, showing existing and post-construction conditions, and, in the case of soil mining, a description of the equipment to be used for any processing of the soil and the number of cubic yards of soil to be removed.
[3]
Measures for soil erosion and sediment control.
[4]
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.
[5]
All proposed revisions of data required shall be submitted for approval.
[6]
A description of means for maintenance or erosion and sediment control measures and facilities during and after construction.
(3)
General design principles.
(a)
Control measures shall apply to all aspects of the proposed land disturbances and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
[1]
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
[2]
Whenever feasible, natural vegetation shall be retained and protected.
[3]
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
[4]
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.
[5]
Drainage provision shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.
[6]
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
[7]
Sediment shall be retained on site.
[8]
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbances.
(b)
Grading and filling. All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties or which will violate this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
(c)
Soil removal and redistribution. Excavation of soil other than as required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated shall be done in the following manner to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than five thousand (5,000) square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (P.L. 1975, c. 251)[7] shall include on its plan the following: the means to control or prevent erosion; providing for sedimentation basin(s) for soil that does erode due to water, controlling drainage, dust and mud on the premises as well as abutting lands; preserving soil fertility and the ability of the area to support plant and tree growth by maintenance of adequate topsoil consisting of at least six (6) inches of the original layer; maintaining necessary lateral support and grades of abutting lands, structures and other improvements; preventing pits and declivities which are hazardous or which provide insect breeding locations; and not altering the physical limitations and characteristics of the soil in such a way as to prevent the use to which the land may lawfully be put.
[7]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(4)
Maintenance. All erosion and sediment control measures installed shall be maintained for one (1) year after completion of the improvements or until such measures are permanently stabilized as determined by the Municipal Engineer, whichever is longer. The Municipal Engineer shall give the applicant, upon the applicant's request, certification of this determination.
(5)
Engineer report and public hearing. If no subdivision or site plan review is required, a separate report by the Municipal Engineer shall be obtained. The Municipal Engineer shall make a report on the application within thirty (30) days of its receipt. The report shall comment upon all the requirements of this section, including but not limited to soil characteristics, slopes, quantities of soil involved, water table, drainage, road capacities, performance bonds and the utility of the site following completion of the operation. All applications shall require a public hearing as set forth in Article IV.
(6)
Exemptions. The following activities are specifically exempt from the soil erosion and sediment control provisions:
(a)
Land disturbance associated with the construction of a single-family dwelling unit, unless such unit is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two (2) or more such single-family dwelling units.
(b)
Land disturbances of five thousand (5,000) square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.
(c)
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local soil conservation district or when it is determined by the local soil conservation district that such use will not cause excessive erosion and sedimentation.
(d)
Use of land for gardening primarily for home consumption.
(e)
Percolation tests and/or soil borings.
P.
Swimming pools.
(1)
It shall be unlawful for any person to construct, install, establish or maintain a private swimming pool or wading pool, as herein defined, without having obtained a permit therefor in the manner prescribed in Subsection Q(2) herein. However, no permit shall be required for a wading pool of the portable type with a depth of eighteen (18) inches or less.
(2)
Permits. Application for a permit to construct, establish or maintain or to alter, remodel or add to a permanent private swimming pool or permanent wading pool shall be made to the Building Inspector by the owner of the property or by the contractor, in the name of the owner, who will construct, alter, remodel or add to the same.
(3)
Construction and maintenance. All material used in the construction of private swimming pools and wading pools or alterations, remodeling or additions thereto, as herein defined, shall be waterproof and easily cleaned. Neither sand nor earth shall be placed within any portion of the pool. Construction and design of said pools shall be such that they may be maintained and operated as to be clean and sanitary at all times. The owner of every private swimming pool and wading pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing onto adjacent property.
(4)
Location. No private swimming pool or permanent wading pool or alterations, remodeling or additions thereto with a capacity of more than two hundred fifty (250) gallons, and no accessory building shall be constructed, erected, installed or maintained within ten (10) feet of any property line; excepting, however, from this requirement a portable swimming pool or wading pool. In the R-25 Zoning District, five (5) foot rear yard setback for pool shall be permitted, and side yard setbacks shall be as per zone standards and shall be no less than the primary structure side yard setbacks if they are in excess of side yard setback requirements.
[Added 9-21-2005 by Ord. No. 1304-2005]
(5)
Fencing.
(a)
All permanent private swimming pools and all permanent wading pools or alterations, remodeling or additions thereto shall be completely surrounded by a substantial self-supporting fence or wall of the type and dimensions hereinafter specified.
(b)
All portable private swimming pools and portable wading pools, unless enclosed by a fence or wall of the type and dimensions hereinafter specified, shall be either emptied when not in use or unattended or covered with a suitable strong, protective covering, securely fastened or locked in place, when not in use or unattended; excepting, however, that a portable swimming pool or portable wading pool erected above the ground to a height of at least four (4) feet shall not require said fence or wall, provided, further that any and all steps, ladders or other approaches leading into said pool are removed at all times when said pool is not in use or is unattended.
(c)
Whenever a fence or wall is required to be erected under this chapter, it shall be at least four (4) feet in height and shall be constructed as not to have openings, holes or gaps larger than three (3) inches in any dimensions, except for doors or gates, and if a picket-type fence is erected or maintained the horizontal dimensions shall not exceed two and one-half (2 1/2) inches. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with the fence or wall shall meet the same specifications as the fence or wall itself and shall be equipped with approved locking and latching devices and shall be locked at all times when the private swimming pool or wading pool is not in use and when said private swimming pool or wading pool is not being supervised.
(d)
The distance between any pool and a fence not attached to an aboveground pool shall be a minimum of seven (7) feet.
Q.
Trailers.
(1)
No trailer, auto trailer, trailer coach, travel trailer or camper shall be used for dwelling purposes or as sleeping quarters for one (1) or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency as the temporary replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during construction or for a sales office subject to Planning Board approval, provided that a temporary permit has been issued for its use by the Building Inspector. This section shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises, but such storage shall be located to conform to the yard requirements for an accessory building.
(2)
Temporary uses.
(a)
"Temporary," for purposes of residential occupancy, shall mean ninety (90) days, with an option to extend for one (1) additional ninety-day period.
(b)
"Temporary," for use as a model home and/or construction office, shall mean occupancy during the time of construction.
(c)
Any temporary office shall be removed within fifteen (15) days of issuance of the certificate of occupancy for the last unit or within fifteen (15) days of cessation of construction activity.
(d)
The maximum allowable time period for a permitted temporary structure or use shall be set at one (1) year.
R.
Yards.
(1)
No open space provided around any principal building for the purpose of complying with front, side or rear yard provisions shall be considered as providing the yard provisions of another principal building. On a lot which extends through a block in a manner resulting in frontage on two (2) or more streets, including corner lots, front yard requirements shall be complied with on all street frontages.
(2)
No front yard and/or side yards shall be used for open storage of boats, vehicles or any other equipment, except for parking on driveways in a residential zone, for the parking of passenger vehicles.
[Amended 9-21-2005 by Ord. No. 1304-2005]
S.
Merger. Where title to contiguous undersized lot(s) in area or dimensions which do not comply with the bulk standards are held by an individual, partnership or corporation who or which also holds title to an adjacent lot(s), the undersized lot(s) shall be deemed to be merged with said adjacent lot(s) for the purposes of applying the regulation of this chapter, and no lot(s) may be conveyed to another person without first obtaining a subdivision.
[Amended 9-21-2005 by Ord. No. 1304-2005]
T.
Yard requirements. Front and rear yards may be reduced, provided that they are not less than the average dimension of the front and rear yards in existence in the same block within two hundred (200) feet of the lot under consideration and on the same side of the street.
U.
Boundaries of industrial zones. Where a heavy industrial district abuts a residential or business district, any front, side or rear yard lying in the industrial district along such district boundary line shall not be less than one hundred (100) feet in width.
V.
Yards affected by railroad spurs. The side and rear yard requirements of the Bulk Schedule[8] shall not apply to those portions of a lot immediately adjoining and bounded by the right-of-way of a railroad or where a railroad track or spur line forms the boundary line between two (2) lots in the industrial district.
[8]
Editor's Note: The Bulk Schedule is included as an attachment to this chapter.
W.
Frontage on public streets. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the municipality's requirements.
X.
No outside display of wares for sale, vending machines, or products manufactured on the site shall be permitted in the front yard of any lot, except as otherwise permitted by this chapter or by the governing body.
Y.
Any multiple use of lights, flags or pennants or a string of flags, lights or pennants or similar displays to attract attention shall not be permitted.
Z.
No commercial vehicle of more than one (1) ton manufacturer-rated capacity shall be parked on any street overnight in a residential zone or parked on any residential property.
[Amended 9-21-2005 by Ord. No. 1304-2005]
AA.
Outside storage of inoperable cars for more than fifteen (15) days shall not be permitted in any residential zone. No cars in any stage of disassembly may be stored on a property unless in a garage.
[Amended 9-21-2005 by Ord. No. 1304-2005]
BB.
Child-care centers, licensed by the New Jersey Department of Human Services shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirements and the permitted density allowable for that building or structure. A minimum indoor area of thirty (30) square feet per child and a minimum area of thirty (30) square feet per child for outdoor recreation shall be provided. Prior to a certificate of occupancy being issued, approval of the site and building for a child-care center from the Fire Subcode, Building Subcode and Health Officer shall be received.
CC.
Whenever tanks for the storage of material with a gross capacity exceeding three thousand (3,000) barrels which are permitted in the M-3 Heavy Industrial zone abut a residential use or district, a six hundred (600) foot setback from the outer wall of the tank to the residential use or district shall be required. This setback requirement shall not apply to expansions of existing uses in an M-3 Zone where existing conditions do not meet the six hundred (600) foot requirement, so long as the distance from the nearest load bearing wall of any existing residential structure to the outer wall of the proposed tank is equal to or greater than the shortest distance between the load bearing wall of any preexisting residence and the outer wall of any preexisting tank.
[Amended 9-21-2005 by Ord. No. 1304-2005]
DD.
In any single-family residential zone, only one (1) principal building and one (1) principal use shall be permitted.
EE.
Natural features. Natural features such as trees, brooks, swamps, hilltops and views shall be preserved wherever possible on individual lots. Care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
FF.
No entry, exit, ingress, egress or access door in any building shall swing out into any city right-of-way. If it is required that the door swing outward, then the door must be recessed so that it does not project beyond the right-of-way line. Where the building facade is set behind the right-of-way line and public access sidewalk is provided up to the building facade, no door shall project into the sidewalk area in front of the building facade. If any portion of the area between the building facade and the public right-of-way is not utilized as a public access sidewalk, then this area may be utilized for the projection of a door-swing into that area.
[Added 9-21-2005 by Ord. No. 1304-2005]
GG.
Use and occupancy limitations in attics, half stories, basements, and cellars. Where this chapter defines space under roof as any of the following types of space, their use shall be restricted to those uses identified below.
[Added 9-21-2005 by Ord. No. 1304-2005]
(1)
Attic: No habitable space shall be permitted in an attic. Attic space shall be for storage only.
(2)
Half story: Half stories may be used for recreational activities, but no sleeping quarter, kitchens, or bathrooms shall be permitted.
(3)
Basement: Basements may be used for recreational activities, but no sleeping quarters, kitchens, or bathrooms shall be permitted.
(4)
Cellar: No habitable space shall be permitted in a cellar. Cellars space shall be utilized for mechanical rooms, utility closets, washer and dryer installations and/or storage.
HH.
Roll down security gates. For commercial and industrial uses, the installation of open grill type roll down security gates over building entrances shall be permitted. Hoods for security gates must be covered by an awning or other permitted architectural treatment.
[Added 9-21-2005 by Ord. No. 1304-2005]
II.
The height of a building shall not take into account roof projections such as elevator shafts, emergency exists, chimneys or roof-mounted equipment subject to the following conditions:
[Added 9-21-2005 by Ord. No. 1304-2005]
(1)
The roof projection(s) shall not exceed ten percent (10%) of the roof area;
(2)
The maximum height of the projection(s) shall not exceed eight (8) feet over the building height as defined;
(3)
Elements of roof projection shall not be visible from six (6) feet above street grade as measured from across the street at the curbline of any street fronting on the structure.
(4)
Chimneys in residential units shall not extend beyond required roof projection according to the Building Code requirements.
(5)
A minimum of six (6) feet setback from the roof edge at building elevations fronting on streets is provided.