Red Bank City Zoning Code
ARTICLE V
General Regulations
§ 490-28 Provisions of other ordinances.
Any restrictions or requirements with respect to buildings or land which appear 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.
§ 490-29 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.
F.
All proposed underground structures, separate or connected to an aboveground structure, shall comply to the setback requirements (in a particular zone). If an underground structure breaks an imaginary vertical plane extending downward at the setback line, the underground structure shall be considered in violation of the zone district setback requirement.
§ 490-30 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.
§ 490-31 Frontage on improved street.
A.
Every principal structure shall be built upon a lot with frontage upon a public street improved to meet the Township 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.
§ 490-32 Yard areas.
[Amended by Ord. No. 1989-10; Ord. No. 1998-7]
A.
No yard or other open space provided around any structure for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other structures, and no yard or other open space on one lot shall be considered as providing a yard or open space for a structure 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 they are located, except:
(1)
Lots with frontage on more than one street, which are not corner lots, may have a front and rear designated by the owner subject to:
(a)
If the lot contains a principal structure, the front will be considered the direction the principal structure faces.
(b)
If the lot does not contain a principal structure and only one street frontage conforms to lot frontage requirements, the yard abutting the conforming street frontage will be considered the front yard.
(2)
The designated rear yard of a lot with frontage on more than one street shall be considered a rear yard for the purposes of this chapter, except for the area within the depth of the required minimum front yard determined as follows:
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. Unroofed entrance porches or terraces, which do not rise above the height of the floor level of the ground floor, may extend into any yard, providing the total area of all such porches, which extend into such yards, does not exceed 100 square feet.
D.
Front yard setbacks for new one- and two-family dwellings in the RB, RD, R-B1 and R-B2 Zone Districts can be reduced to the average front yard setbacks of the adjoining two properties on either side or on the one side if a corner lot, but shall not be less than 10 feet.
[Added 4-24-2019 by Ord. No. 2019-14]
§ 490-33 Corner lots.
[Amended by Ord. No. 1989-10]
A.
On all corner lots, the minimum depth of all front yards shall not be less than the minimum front yard required in the zone district, except:
(1)
The provisions of this subsection will not be applied to reduce the buildable width of any lot less than 100 feet wide to less than 50% of its width; however, no front yard of any corner lot may be reduced to less than 20 feet by application of this subsection.
(2)
Where the corner lot abuts interior lots located in any adjoining zone (which adjoining zone also permits the use proposed or existing on the corner lot), structures on the corner lot may assume the minimum front yard requirements of the adjoining zone only if the adjoining zone is immediately adjacent and contiguous to the corner lot, and the proposed principal building on the corner lot is to be situated within 100 feet of the adjacent zone.
(3)
For the purpose of erection of walls, hedges and fences and other accessory structures related to existing or proposed one- or two-family uses, the required minimum front yard shall be the lesser of the existing setbacks of the principal structure (but not less than 10 feet) or the front yard setback required by the zone district.
B.
On all corner lots, all areas outside of the minimum front yard area determined from Subsection A of this section and not between a principal structure and any street line may be considered side or rear yards for the purposes of this chapter.
C.
Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered sidelines.
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 sidelines.
§ 490-34 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.
§ 490-35 Accessory structures.
[Amended by Ord. No. 1989-10; Ord. No. 1999-6]
Unless otherwise specified in this chapter, accessory structures shall conform to the following regulations as to their locations on the lot:
A.
An accessory structure attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal structure. Detached accessory structures 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 eight feet from all lot lines if not otherwise provided in the zone district regulations, except that storage sheds containing less than 100 square feet of floor area and under 10 feet in height may be located not less than three feet from any side or rear lot line.
[Amended 4-24-2019 by Ord. No. 2019-11]
B.
Accessory structures may occupy not more than 25% of the rear or side yard area in any residential zone, provided that such structures shall not exceed 16 feet in height.
C.
No detached accessory structure, in any residential zone, shall be less than five feet from the principal building.
D.
The maximum size of an accessory structure shall be 500 square feet. Any accessory structure exceeding 500 square feet shall be considered a principal structure.
E.
No accessory structure shall contain living space other than for domestic employees of the owner or tenant, which domestic employees are actively employed on the premises as their primary livelihood.
F.
Accessory structures must be located on the same lot as the principal use to which they are accessory.
§ 490-36 Number of principal structures restricted.
Any lot utilized for single-family or two-family dwelling purposes shall not contain more than one principal structure.
§ 490-37 Nonapplicability.
[Amended 7-11-2012 by Ord. No. 2012-13]
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 structure above ground, or any other aboveground appurtenance of any type more than 40 feet high or either a structure or appurtenance that is within, encroaches upon, adjacent to or that may impact a public sidewalk or right-of-way shall require approval as a conditional use subject to the provisions of this chapter.
§ 490-38 Contiguous lot ownership.
Where two or more lots created by the filing of a map pursuant to the Map Filing Law, N.J.S.A. 46:26B-1 et seq., prior to the 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 said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
§ 490-39 Height limitations.
[Amended by Ord. No. 1999-6]
A.
No structure shall extend higher than the limit provided in each zone created hereunder for structure height.
B.
The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy or the parapets, walls or cornices extending not more than four feet above the structure height limit.
C.
The height limitations created hereunder shall apply to chimneys, ventilators, skylights, tanks, stair towers, fly towers, elevator towers, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a structure, except that the same may exceed said height limitation by not more than 15 feet, or in the case of fly towers, 20 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than 10 feet. Such features shall not exceed, in total coverage, 10% of the total roof area.
D.
Freestanding noncommercial radio and television antennas and flagpoles may exceed the height limits created hereunder by not more than 15 feet.
§ 490-40 Preservation of natural features.
Wherever feasible, all of the following shall be preserved in their natural state:
A.
Floodway areas.
B.
Areas containing a significant number of specimen trees determined by the Environmental Commission or the municipal agency.
C.
Existing watercourses, ponds, marshes and swamps.
D.
Wetlands as defined by the New Jersey Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.
§ 490-40.1 Green roofs.
[Added 8-21-2019 by Ord. No. 2019-36]
New buildings or additions with more than 5,000 square feet of new roof area shall provide a minimum 25% of the roof area as a green roof. The area of a green roof on buildings under 5,000 square feet or over 25% of the roof area for roof areas over 5,000 square feet shall receive a credit of 50% of the green roof area towards lot coverage.
§ 490-41 Riparian grants.
Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant; provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit shall not be applicable to meeting the minimum lot area for the governing zone except as herein provided.
§ 490-42 Rights-of-way and easements.
A.
Where applicable, the municipal agency shall require, as a condition of site plan or subdivision approval, that the owner convey to the Borough rights-of-way, road widenings, drainage easements, conservation easements, sight easements and/or shade tree and utility easements which may be shown on the Master Plan, Official Map, or otherwise be required.
B.
Required setbacks shall be measured from new right-of-way lines after such conveyance. Nonconforming setbacks will require application for variances.
C.
No lot area variance will be required if such right-of-way conveyance or dedication reduces lot area below minimum requirements.
D.
For the purpose of calculating floor area ratio (FAR) and dwelling unit density, the right-of-way area conveyed or dedicated will be included in lot area, provided that the total floor area and/or the number of units permitted may not exceed 110% of that permitted utilizing the lot area after conveyance and/or dedication.
E.
For the purpose of creating public access to the water and unoccupied open space, any easement dedicated to the Borough that shall remain public access in perpetuity will be included in lot area and will not alter floor area calculations, dwelling unit density or setback requirements. This provision shall apply to waterfront access easements or other public access easements where appropriate passive or active enjoyment is made available to the general public.
[Added 4-11-2012 by Ord. No. 2012-6]
§ 490-43 Solid waste storage for single- and two-family homes.
A.
Solid waste from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers.
B.
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 curblines 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.
§ 490-44 Dumping of refuse, waste material or other substances.
The dumping of refuse, waste material or other substances is prohibited in all districts within the Borough.
§ 490-45 Outdoor storage of materials.
No person shall store materials of any kind outdoors in any district, except for the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this chapter.
§ 490-46 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.
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, unless in accordance with a permit or other approval issued therefor by the Borough Council. 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.
D.
Goods for sale, displayed or stored outdoors, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.
§ 490-47 Appearance of single- and two-family dwellings.
[Amended by Ord. No. 1988-21]
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.
Within the Professional Office (PO) Zone District (or any other district restricted regarding residential character of structures), no building shall be constructed or altered so as to be inharmonious with the residential character of the district.
C.
The types of construction not considered to be residential in character include, but are not limited to, the following:
(1)
Storefront construction.
(2)
Heavy-gauge metal garage doors usually used in commercial applications.
(3)
Unfinished or finished concrete block or cinder block wall surfaces.
(4)
Predominant glass panels.
(5)
Heavy-gauge metal trim facia and siding.
(6)
Asphalt shingle siding.
(7)
Acrylic siding and curtain-wall panels.
(8)
Flat or steep slope mansard roofs.
(9)
Heavy masonry, marble or stone panels.
(10)
Alterations which enclose or remove any portions of existing porches or porticos normally visible from the street.
§ 490-48 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.
§ 490-49 Trailers, travel trailers and boats.
The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
A.
Such storage shall not be located in any required front yard.
B.
The travel trailer, camper or small boat shall not exceed 28 feet in length and eight feet in width.
C.
Only one such travel trailer or camper and one small boat shall be permitted to be stored outdoors at any single-family residence.
D.
Recreational vehicles and motor homes exceeding 28 feet in length may be stored only within the required building setback lines.
E.
Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.
F.
Permanent or temporary overnight occupancy or use of a trailer, travel trailer, motor home, boat or recreational vehicle is not permitted in any zone, except that, in emergency situations, such occupancy or use may be permitted by resolution of the Borough Council for a period not to exceed 120 days and thereafter renewed, with reasonable justification, for consecutive periods of time not to exceed 60 days, as determined by the Borough Council.
§ 490-50 Storage of commercial vehicles.
A.
No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 10,000 pounds or having more than two axles shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.
B.
Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 10,000 pounds or less, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.
§ 490-51 Wetlands permit.
No building, structure or use shall be permitted within areas defined as "wetlands" by the New Jersey Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., 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.
§ 490-52 Soil erosion and sediment control.
A.
A developer applying for site plan or subdivision approval pursuant to Article VI of this chapter may be required to submit a soil erosion and sediment control plan as is required by the Freehold Soil Conservation District. In determining whether an applicant should be required to submit said plan, the municipal agency shall consider the applicable state regulations, the extent of land disturbance existing and proposed, the topography of the site and size of the proposed structure and/or building.
B.
Soil erosion and sediment control plans shall be reviewed and certified by the Freehold Soil Conservation District when in conformance with the standards for soil erosion and sediment control.
C.
The municipal agency may seek the assistance of the Freehold Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and certified by the Freehold Soil Conservation District.
§ 490-53 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 a maximum of 15 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour.[1]
[1]
Editor's Note: Original § 25-5.27, Floodplain management, which immediately followed this section, was repealed by Ord. No. 1988-18. For provisions regarding flood hazard prevention, see Ord. No. 2009-22, which is on file in the Borough offices.
§ 490-54 Performance standards.
A.
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 municipal agency or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.
(1)
As evidence of compliance, the agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
(2)
The municipal agency 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.
(3)
Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.
(4)
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or administrative officer 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.
(5)
Conditional permit.
(a)
In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
(b)
Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
B.
Applicability and enforcement.
(1)
Applicability.
(a)
Prior to construction and operation. Any application for development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments and certifications as required by this section and a sworn statement filed by the owner of subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(b)
For existing structures. Any existing structure or use which is, after the effective date of this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
(2)
Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Building Inspector or administrative officer.
(3)
Termination of violation. All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
(4)
Violation inspection. Whenever, in the opinion of the Building Inspector or administrative officer, there is a reasonable probability that any use or occupancy violates the regulations of this article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements and analyses.
C.
Performance standards established.
(1)
Noise.
(a)
The definitions contained in the Noise Control Regulations (Chapter 29) of the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces, sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:
[1]
Continuous airborne sound which has a sound level in excess of 50 dBA; or
[2]
Continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands; or
Octave Band Center Frequency (Hz) | Octave Band Sound-Pressure Level (dB) | |
|---|---|---|
31.5 | 86 | |
63 | 71 | |
125 | 61 | |
250 | 53 | |
500 | 48 | |
1,000 | 45 | |
2,000 | 42 | |
4,000 | 40 | |
8,000 | 38 |
[3]
Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.
(c)
The provisions of this section shall not apply to:
[1]
Agriculture.
[2]
Bells, chimes or carillons while being used in conjunction with religious services.
[3]
Commercial motor vehicle operations.
[4]
Emergency energy-release devices.
[5]
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
[6]
National Warning System (NAWAS) system used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.
[7]
Noise of aircraft flight operations.
[8]
Public celebrations.
[9]
Public roadways.
[10]
Stationary emergency signaling devices.
[11]
Surface carriers engaged in commerce by railroad.
[12]
The unamplified human voice.
[13]
Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosives Act (N.J.S.A. 21:1A-128 et seq.).
(2)
Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with:
(a)
Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any other zone, except the Industrial Zone, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
[3]
In the Industrial Zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State Department of Environmental Protection.
[6]
Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(c)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
(3)
Liquid waste. No liquid waste shall be discharged into any watercourse, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Borough of Red Bank, Department of Utilities, and, where required, by the New Jersey Department of Environmental Protection.
(4)
Solid waste. All uses in the Borough shall:
(a)
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property, except as may be permitted by other Borough codes and ordinances.
(5)
Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, N.J.S.A. 26:2D-1 et seq., as amended, whichever shall be more stringent.
(6)
Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the Building Code of the Borough of Red Bank, and as determined by the Bureau of Fire Prevention, the operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Bureau of Fire Prevention.
(7)
Vibration.
(a)
There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located.
(b)
At no point on or beyond the boundary of any lot shall the maximum ground-transmitted steady-state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inch per second for impact vibrations. Particle velocity is to be determined by the formula 6.28FA, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, "steady-state vibrations" are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.
(8)
Electromagnetic interference. There shall be no electromagnetic interference that:
(9)
Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.
(10)
Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
(11)
Glare. There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts.
(12)
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(a)
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(b)
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.
(c)
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.[1]
[1]
Editor's Note: Original § 25-5.29, Property maintenance, which immediately followed this section, was repealed at time of codification of the Planning and Development Regulations.
§ 490-55 Historic districts/sites regulations and procedures.
[Amended 6-9-2009 by Ord. No. 2009-19[1]; 11-9-2011 by Ord. No. 2011-18; 6-13-2018 by Ord. No. 2018-15; 2-8-2024 by Ord. No. 2024-03]
A. ADDITION ADMINISTRATIVE OFFICER ALTERATION COMMISSION DEMOLITION EVALUATION HISTORIC DISTRICT HISTORIC RESOURCE HISTORIC SITE IMPROVEMENT INTEGRITY INVENTORY MINOR APPLICATION(1) (2) (3) (4) MINOR WORK REVIEW COMMITTEE (MWRC) NATIONAL REGISTER CRITERIA NONCONTRIBUTING BUILDINGS ORDINARY MAINTENANCE AND REPAIR PERMIT PRESERVATION PROTECTION RECONSTRUCTION REHABILITATION REPAIR RESTORATION STREETSCAPE STRUCTURE SURVEY SURVEY DATA
Definitions. As used in this chapter, the following terms shall be defined as follows:
An extension or increase in building size, floor area or height.
For purposes of historic preservation, the Borough's Zoning Officer shall be the administrative officer.
As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another, or the change in appearance of the exterior surface of any improvement.
The Historic Preservation Commission established pursuant to § 490-7.1 of this chapter.
The partial or total razing, dismantling or destruction of any historic site or any improvement within a historic district.
The process of determining whether identified properties meet defined criteria of historical, architectural, archaeological, or cultural significance.
One or more historic sites and certain intervening or surrounding property significantly affecting or affected by the quality and character of historic site or sites, as specifically designated herein.
Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National or State Register of Historic Places; such term includes artifacts, records, and remains which are related to the district, site, building, structure, or object.
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been designated in the Master Plan as being of historic, archaeological, cultural, scenic, or architectural significance at the national, state, or local level, as specifically designated in this section, including any property that is in a historic district. The designation of a historic site or landmark shall include the improvements on the entire tax map lot on which it is located.
Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation.
The ability of a property or element to convey its historic significance; the retention of those essential characteristics and features that enable a property to effectively convey its significance.
A list of historic properties determined to meet criteria of significance specified herein.
Any application for a permit that:
Does not involve demolition, relocation or removal of a historic site;
Does not involve an addition to a property in a historic district or new construction in a historic district;
Is a request for approval of fences, signs, lighting, doors, windows, roofs, paving, exterior sheathing, or streetscape work that complies with the adopted design guidelines for the improvement proposed. To qualify as a minor application, the application must comply with the applicable and specific guideline that applies and can be approved if it does not substantially affect the characteristics of the historic site or the historic district;
Is a request for a field change for a permit that has already been issued and that meets the criteria of Subsection (3) above.
The members of the Commission appointed by the Chair at the annual organizational meeting. The MWRC shall consist of the Chair and two other members and shall be responsible for approving minor applications.
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
A building, site, structure, or object that does not add to the historic architectural qualities, historic associations, or archaeological values for which a property is significant. A building can be noncontributing if it was not present during the period of significance, or if it was altered, disturbed, or modified in a manner that eliminates its character defining features.
Repair of any deterioration, wear or damage to a structure or any part thereof to return the same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality workmanship. Ordinary maintenance shall further include in-kind replacement of exterior elements or accessory hardware, including signs, using the same materials and workmanship, and having the same appearance.
Any required approval for exterior work to any improvement of property in a historic district or on a historic site. Permit shall include, but is not limited to, a building permit, a demolition permit, a permit to move, convert, relocate, or remodel or to change the use or type of occupancy of any improvement or property in a historic district that involves exterior changes to the structure or the property on which it is located that were not approved by an application for development.
The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.
The act or process of reproducing by new construction the exact form and detail of a vanished or nonsurviving building, structure or object, or any part thereof, as it appeared at a specific time period when documentary and physical evidence is available to permit accurate reconstruction.
The act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values.
Any work done on an improvement that is not an addition.
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular time period by means of the removal of later work or by the replacement of missing earlier work.
The visual character of the street including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, color, sidewalks, and curbing.
A combination of materials to form a construction for occupancy use or ornamentation whether installed on, above or below the surface of a parcel of land. The word "structure" shall also include any building or improvement with a roof.
A process of identifying and gathering data on a community's historic resources. It includes a field survey, which is the physical search for and recording of historic resources on the ground, preliminary planning and background research before the field survey begins, organization and presentation of survey data as the survey proceeds and the development of inventories.
The raw data produced by the survey; that is, all the information gathered on each property and area investigated.
B.
Designation of districts. The following historic districts and sites are delineated and described in the Historic Preservation Element of the Master Plan and are hereby designated on the official Borough Zoning Map. The boundaries of the historic district(s), including those improvements located therein, are established as overlay zoning districts on the Borough of Red Bank Zoning Map. If a property is partly within a designated district, the designation shall apply to the entire property.
(1)
Broad Street Historic District. The Broad Street Historic District is designated on the Zoning Map of the Borough of Red Bank. The Zoning Map is incorporated herein by reference.
(2)
Washington Street Historic District. The Washington Street District is designated on the Zoning Map of the Borough of Red Bank.
(3)
Additional designated districts and sites. Any additional designated districts and sites or any changes in the designation of historic districts and historic sites shall be effectuated by amendment of this sectionin accordance with procedures provided for under Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the procedures set forth in this section, which shall include designation of the historic district or site on the Zoning Map.
C.
Survey. The Commission shall maintain a comprehensive survey of the Borough to identify historic districts, sites and resources that are worthy of protection and preservation.
D.
Criteria for designation. The criteria for evaluating and designating historic districts and sites shall be guided by the National Register Criteria. The Commission or any interested party may recommend designation of historic resources that have integrity of location, design, setting, materials, workmanship, and association and that meet one or more of the following criteria:
(1)
Character, interest, or value as part of the development, heritage or cultural characteristics of the Borough, state, or nation; or
(2)
Association with events that have made a significant contribution to the broad patterns of our history; or
(3)
Association with the lives of persons significant in our past; or
(4)
Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or
(5)
Identification with the work of a builder, designer, artist, or architect whose work has influenced the development of the Borough, state, or nation; or
(6)
Embodiment of elements of design, detail, material, or craftsmanship that render an improvement architecturally significant or structurally innovative; or
(7)
Unique location or singular physical characteristics that make a district or site an established or familiar visual feature; or
(8)
Historic resources that yield, or may be likely to yield, information important in prehistory or history.
E.
Procedures for designation.
(1)
Interested parties shall contact the administrative officer regarding consideration of a proposed historic site or district. The Commission may also initiate the designation of a historic site or district. The administrative officer will schedule a hearing before the Commission to review the proposed historic site or district.
(2)
The formal historic site or district nomination shall include: a building-by-building inventory of all properties within the district; color and/or black-and-white photographs of all properties within the district; a property map of the district showing boundaries; and a physical description and statement of significance which address the criteria for designation set forth herein.
(3)
The Commission shall provide notice to the public of the meeting to consider designation of a historic site or district. Notice shall minimally be provided in accordance with the Open Public Meetings Act[2] and by prominent posting in the Borough Hall at least 30 days' prior to the Commission meeting. The Commission may give any other notice that it considers advisable to increase public participation. All documents regarding the proposed designation shall be available on the Borough website and in Borough Hall.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(4)
Upon review and recommendation by the Commission for designation of the proposed site or historic district and after hearing the comments of the public, if any, the Commission shall forward the proposed site or district nomination to the Planning Board for consideration.
(5)
Notification by the Planning Board shall be by public notice in accordance with the Open Public Meetings Act and by prominent posting in the municipal building at least 30 days' prior to the Planning Board hearing. The Planning Board may give any other notice that it considers advisable to increase public participation. All documents regarding the proposed designation shall be available on the Borough website and in Borough Hall.
(6)
If the historic resource is not included in the Historic Preservation Element of the Master Plan, the Planning Board shall amend the element to include the resource. Upon review and approval of the proposed site or district by the Planning Board, the site or district nomination will be sent to the Borough Council for adoption to amend and supplement the Borough Zoning Ordinance.
(7)
All other requirements of the Municipal Land Use Law regarding adoption of development regulations shall be followed.
F.
Referral of applications for permits.
(1)
When required. Applications for permits as defined herein shall be referred to the Commission by the administrative officer for review and written report before a permit is issued or before work can commence, for any activities within a designated historic district or on a historic site. The following activities shall require permit review:
(a)
Demolition of any building, improvement, site, place, or structure. Demolition is not the subject of an application for development.
(b)
Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration, or maintenance.
(c)
Relocation of a principal or accessory building or structure.
(d)
Any addition to a principal or accessory building or structure.
(e)
New construction.
(2)
When not required.
(a)
Referral to the Commission shall not be required before a zoning permit, or a construction permit is issued for changes to the interior of a structure or changes to the exterior of a structure that strictly meet the definition in this section of ordinary maintenance and repair.
(b)
The administrative officer shall review permit applications to determine if the application proposes work that constitutes ordinary maintenance and repair as defined in this section. The administrative officer shall notify the Commission of the proposed work, and may issue a permit if the documentation strictly meets the definition.
(c)
The administrative officer shall refer the permit application to the Commission if the proposed work does not meet the definition of ordinary maintenance and repair. If the administrative officer has any doubt as to whether the work constitutes ordinary maintenance and repair, then the proposal shall be referred to the Commission.
(3)
Procedures for permits.
(a)
The administrative officer shall refer the permit application and supporting documents to the Commission for review and shall simultaneously provide a copy to the Planning Board.
(b)
The Commission may require the subsequent submission of such additional materials as is reasonably necessary to make an informed recommendation including, but not limited to, sketches, drawings, photographs, descriptions, the property survey, building elevations and other information to show the proposed alterations, additions, changes, or new construction.
(c)
The Commission shall report its recommendations on the permit to the Planning Board within 30 days of referral by the administrative officer. Failure to report within a thirty-day period shall be deemed to constitute a report in favor of the proposed work and without conditions.
(d)
The decision of the Commission on the permit shall be a recommendation only. The Commission shall recommend approval if it finds the permit conforms with the design guidelines. The Commission's recommendation shall not be binding on the Planning Board.
(e)
The Planning Board shall submit a report to the administrative officer within 45 days of submission of the permit application to the administrative officer. If the Planning Board denies the permit or requires conditions, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be.
(f)
Failure to report within a forty-five-day period shall be deemed to constitute a report in favor of the proposed work and without conditions.
(g)
Nothing herein shall prohibit an extension of time by mutual agreement of the applicant, the Commission, or the Planning Board.
(4)
Permit review.
(b)
An applicant is encouraged to attend the Commission meeting at which the permit will be considered but shall not be required to appear or to be represented at the meeting to consider the application for issuance of permit. If the applicant opts not to attend the meeting, the Commission may act in the absence of the applicant.
(c)
The Commission shall issue an affirmative recommendation in its report if it finds the permit application is in conformity with the design guidelines.
(d)
The Commission shall issue a recommendation in its report against the issuance of a permit if it finds that the permit application is not in conformity with the design guidelines.
(e)
The Commission shall convey its report to the Planning Board as soon as possible. Failure to report within a thirty-day period shall be deemed to constitute a report in favor of the proposed work and without conditions.
(f)
The Planning Board shall report to the administrative officer within 45 days of the referral of the application to the Commission.
(g)
If the applicant has consented to an extension of time to consider the application, the extension of time should be transmitted to the Planning Board and administrative officer, who shall not issue the permit during the period of the extension.
(h)
Appeals from determinations of the administrative officer pursuant to the decision of the Planning Board may be made to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Zoning Board.
(i)
The appellant shall pay all costs of the appeal, including costs for copies of any records or transcripts required for the appeal.
(j)
If, in the appeal, the Zoning Board determines that there is an error in any order, requirement, decision or refusal made by the administrative officer, the Zoning Board shall, in writing, include the reasons for its determination in its findings of its decision.
(5)
Minor applications.
(a)
At the annual organizational meeting, the Chair of the Commission shall appoint a Minor Work Review Committee ("MWRC") consisting of the Chair and two Commission members to approve minor applications without a public hearing and without referral of approvals to the Planning Board.
(b)
A minor application shall require submittal of information consisting of the standard application and, where applicable, drawings and submissions in sufficient detail to demonstrate that the proposal meets the definition of a "minor application."
(c)
If the MWRC finds the permit application conforms to the applicable design guidelines and meets the definition of a "minor application," the MWRC may act in place of the full Commission and approve the minor application.
(d)
The MWRC shall submit its report on approval of the minor application permit to the administrative officer without action by the Planning Board. If the MWRC recommends denial of the minor application, it shall send its report to the Planning Board, and the Planning Board may grant or deny the permit.
(6)
Applications for demolition or relocation.
(a)
Any application for a permit to demolish or relocate a historic resource shall be referred by the administrative officer to the Commission for its report.
(b)
A permit to demolish or relocate a historic resource is not an application for development and shall be decided separately from the decision on the application for development. If an application for development is decided prior to the issuance and perfection of a demolition or relocation permit, the application for development shall be subject to the condition that a demolition or relocation permit must be obtained.
(c)
A demolition or relocation permit shall include information to establish that a taking of property without just compensation will result if the property and improvements are required to remain.
(d)
An applicant for a demolition or relocation permit must obtain a certificate of economic hardship. The criteria to obtain a certificate of economic hardship shall be:
[1]
For the Commission to issue a certificate of economic hardship, the applicant must establish to the satisfaction of the Commission that the improvement parcel with such improvements as exist at the time of the request in not capable of earning a reasonable return as herein defined. If such a finding is made by the Commission, it shall approve the application for a certificate of economic hardship and any pending application for a certificate of appropriateness for demolition for the improvement parcel.
[2]
The applicant for a certificate of economic hardship shall submit the following information to the Commission before it renders a decision on the application:
[a]
A report from a licensed engineer or architect with experience in rehabilitation of historic buildings as to the structural soundness of the structures and improvements proposed for demolition.
[b]
Estimates of the cost of the proposed construction, alteration and rehabilitation of the structures and improvements and an estimate of any additional costs to be incurred to comply with the recommendations of the Commission set forth in or necessary for the issuance of a permit.
[c]
The estimated market value of the property in its current condition; the estimated market value after completion of the proposed construction, alteration, or rehabilitation to comply with any changes recommended by the Commission; and in the case of a proposed demolition, after demolition as a vacant parcel and proposed new construction.
[d]
In the case of proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
[e]
Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, including any terms of financing between the seller and buyer. The remaining balance on any mortgage or other financing and annual debt service, if any for the previous two years.
[f]
All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property. Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous two years.
[g]
Assessed equalized value of the property according to the two most recent assessments and real estate taxes for the previous two years.
[h]
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
[3]
The Commission shall review all the evidence and information submitted by the applicant for a certificate of economic hardship and shall render a recommendation to the Planning Board within 30 days of receipt of the application and supporting documentation as to whether denial of the demolition or relocation permit will deprive the owner of the property of reasonable use of the property.
[4]
In addition to the above requirements for a demolition or relocation permit, the applicant shall provide the following information:
[a]
Its historic, architectural, and aesthetic significance.
[b]
Its use.
[c]
Its importance to the Borough and the extent to which its historic or architectural value is such that its removal would be detrimental to the public interest.
[d]
The extent to which it is of such old, unusual, or uncommon design, craftsmanship, texture, or material that it could not be reproduced or could be reproduced only with great difficulty.
[e]
The probable impact of its removal upon the ambience of the historic district.
[f]
The structural soundness and integrity of the building necessary to comply with the requirements of the state Construction Code, taking into account the Rehabilitation Subcode.
[g]
The effect on the remaining portions of the building, structure, site, object, or landscape feature in cases of partial demolition.
(e)
Procedure when application for demolition or relocation is disapproved.
[1]
Sale for fair market value. If the Planning Board disapproves an application to demolish or relocate a historic resource, the owner shall, for a period of one year from the date of said disapproval, make bona fide and diligent efforts to sell the property to a person, organization, governmental agency, or political subdivision that provides reasonable assurance that it is willing to preserve the historic resource. To maximize the opportunity to preserve the historic resource, the owner shall provide notice of the proposed demolition or relocation in accordance with the provisions set forth below.
[2]
Notice of demolition or relocation posted and published. Notice of the proposed demolition or relocation shall be posted on the subject property for a period of at least 30 days in such a manner as to be clearly readable from the street and shall be published in the official newspaper at least once a week for a minimum of four consecutive weeks.
[3]
Opportunity to salvage or recycle part of structure prior to demolition. With respect to demolitions only, in the event the owner does not intend to recycle or salvage parts of the structure, the owner shall for 30 days afford interested parties and groups the opportunity to remove parts or architectural features from said structure prior to its demolition. The Commission shall maintain a list of interested parties and groups and the owner shall provide notice by certified mail to such groups advising of said opportunity to salvage.
[4]
For the purposes of satisfying the requirements of this subsection, the applicant shall not be obligated to accept less than the structure's fair market value as a historic structure.
(f)
Approval after change of circumstances. The Planning Board may at any time during such notice period, if a significant change in circumstances occurs, grant a certificate of approval to demolish, in which event, a permit shall be issued within 10 days thereafter.
(g)
Demolitions in conjunction with a development application. In those circumstances where the planned demolition is part of a development application pending before the Planning Board or Zoning Board, the hearing provided for in this section may be combined as part of the development application hearing held before the reviewing board.
(7)
Emergency procedures.
(a)
When a historic site or resource in the historic district requires immediate repair or work to preserve its continued habitability or the health and safety of its occupants or others, emergency repairs may be performed in accordance with applicable construction codes, if the construction official certifies that a bona fide emergency exists.
(b)
Emergency work shall be permitted only as necessary to preserve the continued habitability or stability of the building or structure or the health and safety of its occupants or others. Under such circumstances, where feasible, temporary measures to prevent further damage shall be employed, provided these measures are reversible without causing damage to the building or structure.
(c)
The emergency procedures are strictly limited to those circumstances that, in the opinion of the construction official, rise to the level of a bona fide emergency. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the administrative officer and with the review of the Commission.
G.
Referral from municipal agencies.
(1)
Pursuant to N.J.S.A. 40:55D-110, the Planning Board or the Zoning Board shall refer to the Commission every application for development in historic districts or on historic sites designated on the Zoning Map or identified in any component element of the Master Plan. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer an application as required shall not invalidate any hearing or proceeding.
(2)
The Planning Board or the Zoning Board shall provide a copy of its agenda to the Commission members as soon as it has been prepared and mailed to the members of the Board.
(3)
The Commission may provide its advice, which shall be conveyed through one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
(4)
The advice of the Commission on an application for development shall be a recommendation only. In reviewing applications for development, the Commission may comment on any of the zoning and land use considerations that are relevant to the application.
(5)
Yard variances. Because structures in historic districts are often built close to the lot lines, it is in the public interest to retain a neighborhood's historic appearance by approving variances from normal yard requirements. Where it is deemed that such variance will not adversely affect neighboring properties, the Planning Board or the Zoning Board may grant such variance, if recommended by the Commission and if the Planning Board or the Zoning Board finds the variances are justified.
H.
Standards, design guidelines, and criteria.
(1)
All projects requiring review by the Commission and all applications for development in historic districts or on historic sites shall be governed by the Secretary of the Interior's Standards for Rehabilitation, the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, and the design guidelines that may be adopted by ordinance in the future.
(2)
The goals of these guidelines are to promote historic preservation as part of a comprehensive plan that guides municipal agencies in protecting historic resources harmoniously and effectively.
(3)
The design guidelines apply to the Commission's review of permits not approved by an application for development.
(4)
In reviewing development applications, the Commission may consider use, zoning requirements for setbacks, density, height limitations and lot coverage in rendering its advice to the referring board. The Commission should emphasize preservation planning objectives and the streetscape when reviewing applications for development.
(5)
Guidelines and criteria for plan review. All reviews of plans within historic districts shall consider:
(a)
The cultural, historic, or architectural values of a structure and its relationship to properties in the surrounding area.
(b)
The general compatibility of the proposed use to the cultural and historical values of the surrounding area.
(c)
The general compatibility of exterior design, arrangement, texture, and materials proposed to be used. In carrying out the review under the guidelines, the following criteria shall be utilized:
(6)
Guidelines for noncontributing sites. In recognition of the different needs for reviews related to noncontributing structures/sites, the following criteria shall be used for review by the Commission:
(a)
The general compatibility of the exterior design, arrangement, texture, and materials proposed to be used with the historical value of the surrounding area. In carrying out its design review under these guidelines, the following criteria shall be used:
(7)
Guidelines for new construction. This chapter does not require or prohibit a particular architectural style; rather, its purpose is to preserve the past by making the past compatible with and relevant to the present. To that end, new construction within a historic district or upon or near a historic property is not required to duplicate an exact historic style but must be compatible with and not detract from the historic character of the district and affected historic sites.
I.
Enforcement.
(1)
It shall be the duty of municipal officials who review permit applications involving designated historic sites and districts to determine whether any requested permit involves an activity that requires review of the Commission.
(2)
If any action, which would permanently and adversely change a historic site or historic district, such as demolition or removal, is about to occur without a permit having been issued, the Zoning Officer shall issue a notice of violation and may request approval from Borough Council to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of the historic site.
J.
Other requirements unaffected. The requirements of this chapter shall be in addition to other requirements, and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.
[1]
Editor's Note: This ordinance also repealed Figure I, Compatible Design, Figure II, Incompatible Design, and Figure III, Signs, which were previously a part of this section (original § 25-5.30).
§ 490-56 Cluster development.
A.
The municipal agency may approve cluster (reduced lot size) development when permitted in a particular zone district if the municipal agency is satisfied that the property proposed for such development is suitable and that the intent and purposes of the Master Plan and this chapter will be advanced by such development.
B.
The applicant will submit a written request to utilize this criteria with a sketch plat submission. The applicant's request will contain a complete description of the development, an explanation and evaluation of advantages and disadvantages, an explanation of this disposition of any open space, a sketch plat of a conventional subdivision of the property requiring no variance and a sketch plat of the proposed development with the same number of units as the conventional subdivision.
C.
Minimum requirements for cluster (reduced lot size) development will be:
(1)
Tract size: 10 acres.
(2)
Minimum lot frontage: 50% of zone district requirement.
(3)
Minimum lot width: 66 2/3% of zone district requirement for lot frontage.
(4)
Minimum lot area: 50% of zone district requirement.
(5)
Minimum front yard setback: same as zone district requirement.
(6)
Minimum rear and side yard setbacks and other bulk requirements may be determined by the municipal agency based on site characteristics and submissions by the applicant regarding housing types and building design.
§ 490-56.1 Drive-through/drive-up facilities.
[Added 9-11-2013 by Ord. No. 2013-18]
A.
Drive-through/drive-up facilities consisting of drive-up windows, drive-through aisles, and, in the case of fast food service uses, associated menu boards shall be permitted for banks and other financial institutions, fast food service uses and pharmacy uses. The lot line of the parcel on which the drive-through/drive-up facility is located shall be a minimum of 100 feet from a residential zone.
B.
The minimum setback of the drive-through lane shall be 15 feet from the property line of any adjoining residential use on the side of the building with the drive-through/drive-up window. In addition, the drive-through/drive-up facility shall be screened along the common property line of any adjoining residential use in accordance with the buffer and screening requirements of § 490-81B(4).
C.
Structures such as drive-through canopies and facilities for customer transactions, whether attached or detached to the principal building, shall comply with all yard setbacks of a principal building of the applicable zone district.
§ 490-56.2 Cannabis businesses.
[Added 8-18-2021 by Ord. No. 2021-17]
Cannabis businesses shall be permitted, pursuant to this chapter, only if the following requirements are complied with:
A.
The regulations of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall prevail.
B.
Prior to the operation of any cannabis business, a permit or license must be obtained from the State of New Jersey and from the Borough of Red Bank for the applicable type(s) of cannabis business. No cannabis business shall be permitted to operate without state and Borough permits or licenses.
C.
Permitted uses shall, at all times, comply with the terms and conditions of the licensee's cannabis business license for permits or licenses issued by the State of New Jersey and the Borough.
E.
No cannabis business shall be housed in a vehicle or any movable or mobile structure.
F.
Cannabis businesses shall have equipment to mitigate odor. The cannabis business shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to mitigate cannabis odors emanating from the interior of the premises.
G.
Outside generators and other mechanical equipment used for any kind of power supply, cooling, or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
H.
All cannabis businesses shall be secured in accordance with State of New Jersey statutes and regulations; shall have a round-the-clock video surveillance system, 365 days a year; and shall have trained security personnel on site at all times during operating hours.
I.
All cannabis businesses must provide the Red Bank Police Department with access to security footage immediately upon request by the Borough.
J.
Cannabis business signage shall not contain text and/or images intended to promote excessive consumption of legal cannabis products. The signage shall not have the words "weed" or "marijuana," or depict marijuana or cannabis plants, or contain graphics indicating such images or wording.
K.
The applicant shall submit a written report setting forth the full particulars of the proposed use, including hours of operation, anticipated customer volume, parking facilities necessary to service such customer volume and measures to be taken to avoid nuisance effects upon adjacent and nearby residential areas.
L.
Cannabis businesses shall be prohibited in any area in which, under state or federal law, any cannabis business would be prohibited from operating based upon its proximity to a school, park, housing authority property, public or private youth center, or swimming pool.