Out-of-door barbecue pits.

Picnic fireplaces.

(Reserved)[1]

Unroofed decks, unroofed porches or unroofed patios.

Pergolas, pavilions, detached decks, gazebos, flagpoles, outdoor bins and other similar buildings.

Garden houses, tool houses, playhouses and greenhouses.

Detached garages, carports and sheds.

Radio receiving and transmitting towers.

Air-conditioning units, HVAC equipment, electric vehicle equipment and generators for residential and nonresidential buildings.

Aboveground and in-ground swimming pools.

Except as provided in § 416-32, no such accessory building or structure shall exceed 12 feet in height, except for garages and flagpoles, which shall not exceed 15 feet in height.

No such accessory building or structure shall be located closer to any lot line than four feet. Generators must be located no further than 15 feet from the principal building.

The aggregate of all such accessory buildings and structures shall not occupy more than 30% of the area of the side or rear yard in which said accessory building or structure is located or 150 square feet (area of accessory building), whichever is lesser.

No accessory building or structure shall be located closer to the street right-of-way line than the required front yard setback of the principal building. In no event, within the front yard, shall any accessory building or structure be located between the principal building and the street right-of-way line. Sections 416-11D and 416-13B shall also apply to all accessory buildings and structures.

No portion of an accessory building or structure shall be used for living quarters or additional dwelling units, temporary or permanent.

No accessory building or structure shall be located closer to a single-family dwelling than five feet.

No accessory building or structure shall be located close to a two-family or garden apartment dwelling than 10 feet.

No such accessory building or structure shall exceed 15 feet in height, except as provided in § 416-32.

No such accessory building or structure shall be located closer to any lot line than 15 feet. This shall not apply to retaining walls and fences, provided that these do not exceed six feet in height.

The aggregate of all such accessory buildings or structures shall not occupy more than 25% of the side yard or rear yard in which said accessory building or structure is located.

No accessory building or structure shall be located closer to the street right-of-way line than the required front yard setback of the principal building. In no event, within the front yard, shall any accessory building or structure be located between the principal building and the street right-of-way line. Sections 416-11D and 416-13B shall also apply to all accessory buildings and structures.

No portion of an accessory building or structure shall be used for living quarters, temporary or permanent.

No accessory building or structure shall be located closer to a principal building or structure than 18 feet.

An application for such permit shall be made to the Construction Official and the Board of Health and shall consist of the following:

Approve the application as submitted and cause the permit to be issued; or

Approve the application subject to such additional sanitary safeguards in respect to the particular premises to be so used as the Construction Official and the Board of Health deems that the public health may require and, upon receipt of an amended application providing for the additional sanitary safeguards prescribed, the Construction Official and the Board of Health shall cause the permit to be issued; or

Reject the application.

Every person owning land on which a swimming pool, fish pond or other body of water is situated having a maximum depth of at least 12 inches and a surface area of 25 square feet or more shall erect and maintain an enclosure surrounding the property or pool area, sufficient to make the pool, pond or body of water inaccessible to small children. Any such pool, pond or body of water shall be deemed an obvious hazard, attractive to small children, thereby requiring regulation by the Borough's Construction Official and Board of Health.

The enclosure, including gates thereon, may not be less than four feet above the underlying ground; all gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible to small children. When the pool is not being used or occupied, all gates must be kept locked.

The enclosure must be maintained in accordance with this chapter at all times. Repairs must be made within a reasonable time, as the Construction Official may determine. The Construction Official may require the landowner to erect a barricade as provided in Subsection C to keep the pool, pond or body of water inaccessible to small children. The barricade may be removed only upon completion of the required repair.

All fences must be erected within the property lines and no fences shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or with visibility on corner lots.

If the Construction Official, upon inspection, determines that any fence is not being maintained in a safe, sound and upright condition, he shall notify the owner of such fence, in writing, of his findings and shall state briefly the reasons for such findings. The Construction Official may order such fence or portion of such fence to be removed or repaired within 10 days of the date of the written notice. Each day that the owner fails to obey the order shall constitute a separate violation of this chapter. Any fence existing upon the effective date of this chapter which does not conform with the regulations hereof may be repaired or replaced only as provided herein. Any nonconforming fence, damaged to less than 50% of its previous existing area, may be restored or reconstructed to its previous dimensions. Any replacement or reconstruction made within five years shall be considered as part of the fence area requiring restoration, replacement or reconstruction, to determine whether less than 50% is effected.

Fences must be installed as close to the ground as possible and six to 12 inches in from the lot lines. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum permitted height.

Fences must be constructed with the face or finished side away from the property and the structural toward the interior.

Fences which are painted shall be painted in only one color. Multicolored fences are prohibited.

Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed.

The following fences and fencing materials are specifically prohibited: barbed-wire fences, short pointed fences, canvas, cloth, electrically-charged fences, poultry netting, snow fences (except as temporary fencing otherwise permitted by ordinance), expandable and collapsible fences.

Fences between the front property line and the building line shall not exceed three feet in height above ground level.

Fences within a radius of 25 feet from the corner of an intersection of any two or more roadways shall not exceed 2 1/2 feet in height above the curb level.

Fences between the front building line and the rear line of the building shall not exceed six feet in height above ground level.

Fences from the rear line of the building to the rear of the property line and along the rear property line shall not exceed six feet in height above ground level.

A corner lot having two front yards as defined in §  416-11D, the construction of a fence in either of the front yards shall comply with Subsection B(1) herein. No fence construction in either front yard shall exceed three feet in height above ground level.

The owner and the address of the premises where the fence is to be erected, including property survey.

A description and specification of the fence, including size, height, dimensions, material and size of percentage of openings.

A sketch or plan of the fences.

A sketch or plan of the premises in question, which shall show the streets abutting and the nearest intersection.

The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the sketch or plan. If the Construction Official, upon inspection, determines that any fence has not been constructed or located as shown on the plan or sketch, he shall provide notice of his findings, in writing, to the owner. The notice may contain an order that the fence be constructed or repaired according to the plans or sketch. The owner shall either remove the fence or comply with the Construction Official's order within 10 days of its service upon him. Every day the owner fails to obey the order shall constitute a separate violation of this chapter.

Fences are required for all properties in all nonresidential zoning districts where such properties abut any residential zoning district boundary line. However, in all such instances, a wall conforming to the requirements of Code of the Borough may be utilized instead of a fence.

All fences in nonresidential zoning districts are subject to Planning Board approval, unless the fence is part of a development and application, in which that event, it shall be subject to the approval of the board having jurisdiction over the application. Any application for the erection or installation of a fence in a nonresidential zoning district shall be made upon notice to adjoining property owners, in conformance with N.J.S.A 40:55D-1 et seq.

Such home professions shall be carried on by a resident with not more than two regularly employed assistants or associates, except for members of his family living on the premises.

Section 416-31D, E, F, G and H shall apply to home professional occupations.

The type of occupation;

The area within the dwelling that will be dedicated for the occupation; and

The days of the week and hours of the day the area will be used for the occupation.

All amateur radio/citizen band antenna support structures attached to a building or structure or located as an accessory use in rear or side yards shall require site plan approval, except temporary single-pole constructed antenna which are not permanently affixed by way of a support structure. The height of a temporary single-pole constructed antennae shall be the height necessary to reasonably accommodate amateur radio communications.

Notwithstanding the requirement of § 416-8, the height for any antenna support structure shall be that height necessary to reasonably accommodate amateur radio communications while protecting local governmental concerns. In determining the allowable height, the approving authority shall consider and may condition approval upon the following criteria.

No more than one amateur radio permanent support structure shall be permitted on any residential or commercial property.

In applying for site plan approval, the applicant shall provide, and not by way of limitation, the following information:

Antenna, boom, antenna elements and permanent antenna support structures shall only be installed within the rear yard, side yard or attached to the principal building. No parts of the antenna, boom, antenna elements and support structure shall extend beyond the property lines of the rear and side yards.

All antenna and antenna support structures which are constructed, installed or erected at grade and not attached to the principal structure shall have a safety anticlimbing device or structure or a fence surrounding the antenna support structure at least five feet in height.

No antenna or any extension thereof shall encroach upon adjoining or contiguous property not owned or leased by the owner or operator of the amateur or radio/citizen band radio unless an agreement, in writing, is executed by the parties in question. Said writing shall be filed with the Borough Building Department.

The name and address of the applicant and the owner and the name, address and the title of the person preparing the plan and accompanying data, the date of preparation and the dates of each revision, where applicable.

An appropriate place for the signature of the Construction Official and Planning Board.

The lot and block number(s) of the lot(s) from the Borough Tax Maps, and the length and bearings of the lot lines of the proposed project.

The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties, together with the names and addresses as disclosed on the Borough Tax Map and tax rolls as of the date of the application, and the location of existing buildings within 200 feet of the site in question.

All existing buildings and structures and all necessary buildings or structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.

All existing and proposed setback dimensions, landscape areas and trees on the site having a diameter of six inches measured one foot above the base.

All existing and proposed plantings intended to provide screening.

Any and all other information deemed necessary by the Planning Board to meet any of the requirements of this chapter not listed above.

(Reserved)[3]

Residential dish antennas having a dish diameter of more than three feet and less than seven feet.

Satellite antennas having a dish diameter more than seven feet but less than 12 feet in diameter:

Satellite antennas more than 12 feet but not to exceed 23 feet in diameter:

Any satellite antenna in excess of 23 feet in diameter is prohibited.

The design standards set forth herein above shall not apply to any public law enforcement apparatus, public safety apparatus or installations mounted within a fully-enclosed principal building.

All towers and antennas within the Borough of River Edge shall be subject to these regulations except as provided in Subsection B(2) and (3) below.

This section shall not govern any tower or the installation of any antenna that is under 70 feet in height, is owned and is operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

Lawfully preexisting towers and antennas, which are nonconforming pursuant to this section, shall be entitled to the protection and limitations described in Chapter 416, Article XIII, available to lawfully preexisting nonconforming structures, as defined in said chapter.

Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

Communications towers shall only be permitted on property owned, leased or otherwise controlled by the Borough of River Edge.

The Borough of River Edge must give its consent before its property may be used for a communications tower. This consent shall be in the form of a resolution of approval adopted by the River Edge Borough Council.

No communications tower shall be erected or operated within the Borough except pursuant to a license issued by the Borough Council or a lease entered into between the operator of the facility and the Borough.

All communications towers shall meet the following requirements:

No tower or antenna shall be permitted in the P-1 Conservation Zone.

All applications for the construction or modification of towers or antennas within the Borough of River Edge shall be made to the Borough Zoning Officer, who shall transmit copies to the Borough Clerk and Borough Engineer.

The Zoning Officer shall review the application to determine if the proposed tower or antenna meets all of the conditions contained in this section and any other applicable ordinance. The Zoning officer shall respond to each such application within 30 days of reviewing it.

If the Zoning Officer determines that the applicant has met all of the conditions, he shall administratively approve the application.

If the Zoning Officer determines that the applicant has not met all of the conditions, he shall deny the application, in which event the applicant may file a conditional use application to the Planning Board, in accordance with the Code of the Borough of River Edge.

All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

In the event that any communications tower shall be abandoned or not operated for a period of one year, the same may be removed, at the option of the Borough of River Edge, at the sole expense of the owner.

The person has obtained a permit, valid for a twelve-month period of time, from the Borough's Zoning Officer, in accordance with the following:

The Zoning Office shall not grant an application for a permit to place, use, or employ a donation clothing bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases;

The Zoning Officer shall impose a fee for such application, not to exceed $25 to offset the costs involved in enforcing this section.

An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of any fee imposed by the Zoning Officer for such renewal, not to exceed $25 annually, to offset the costs involved in enforcing this section. Such application for renewal shall include all the information required by this section for an initial application;

The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection B(7) of this section;

The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office; and

The following information is clearly and conspicuously displayed on the exterior of the donation clothing bin:

The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public regarding a bin. Whenever it appears to the Zoning Officer that a person has engaged in or is engaging in any act or practice in violation of Subsection B hereof, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the Zoning Officer is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.

In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Zoning Officer may seize the bin, remove it, or have it removed at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the municipality.

Subject to a penalty of up to $20,000 for each violation. The Zoning Officer may bring this action in the Municipal Court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c.274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the municipality; and

Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes pursuant to Subsection B hereof. A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of this section may apply to the Zoning Office to have that person's eligibility restored. The Zoning Office may restore the eligibility of a person who: