Ship Bottom City Zoning Code
CHAPTER 16
52 General Provisions and Design Standards
§ 16.52.010 Accessory buildings and structures.
[Ord. 93-5 § 501, 1993; amended by Ord. No. 2016-18, § 1, 9-27-2016]
A.
Accessory Buildings as Part of Principal Buildings. Any accessory building having a common wall, roof or foundation attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings. An outside stairway or attached breezeway shall be considered part of the principal building.
B.
Accessory Buildings and Structures not to be Constructed Prior to Principal Building. No construction permit shall be issued for the construction of an accessory building or structure, other than construction trailers or storage sheds, prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building or structure, the construction official shall revoke the construction permit for the accessory building or structure until the construction of the main building has proceeded substantially toward completion.
D.
Height of Accessory Buildings and Structures. The height of accessory buildings shall be a maximum of 15 feet unless otherwise specified in Chapter 16.16, 16.52, or 16.56, as applicable. Notwithstanding any provision to the contrary, no accessory building or structure exceeding a maximum of four feet in height shall be permitted within the rear yard setback area of any bay front or lagoon front property.
E.
Location. An accessory building or structure may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Chapter 16.16, 16.52, or 16.56, as applicable, except that if erected on a corner lot, the accessory building or structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street. No accessory building or structure shall obstruct the required off-street parking or vehicular accessibility to a lot.
F.
Temporary Construction Trailers. Temporary construction trailers and one sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution, or similar data shall be permitted for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy, or one year, whichever is less, provided such trailer(s) and sign are on the site where construction is taking place and provided further that the temporary construction trailer and sign have been approved as part of a major site plan or subdivision application.
G.
Outside Stairways. No outside stairway giving access from the ground level to the second floor of any single-family residential structure shall be permitted unless there is an interior stairway giving access from the ground level to the second floor.
§ 16.52.020 Drainage.
[Ord. 93-5 § 502, 1993; amended by Ord. 99-21 § 6, 1999; Ord. No. 2016-22, § 1, 9-27-2016]
A.
All streets shall be provided with manholes, catch basins and pipes where the same may be necessary for proper drainage.
B.
The system shall be adequate to carry off the stormwater and natural drainage water which originates within the lot or tract boundaries. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems to create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.
C.
Techniques for computing water run-off shall be as prescribed by the Borough engineer.
D.
Bridges and culverts shall be designed for 100-year storm minimum flow capacities.
E.
All materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the "Standard Specifications for Road and Bridge Construction, 1989," as prepared by the New Jersey Department of Transportation, and any supplements, addenda and modifications unless otherwise specified by the Borough engineer.
F.
Pipe sizes shall be determined by acceptable drainage design procedures; provided that the pipe size in a surface water drainage system shall in no instance be less than 15 inches in diameter. Moreover, underground pipes ordinarily shall be perforated in order to recharge the drained water into the ground. All piping and the manner installed shall be subject to approval by the Borough engineer.
G.
Water run-off shall be minimized and retained on-site whenever possible or feasible to facilitate groundwater recharge in a manner and at a quantity as required by the Borough engineer.
H.
Drainage inlets shall be located at all intersections, with inlets on both sides of a street at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding six cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum 500-foot intervals throughout the system and at pipe junctions where there are no drainage inlets.
I.
Lots shall be graded away from the building(s). Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow and water shall not flow across adjacent property lines at greater than predevelopment rates.
J.
Approval of drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Where required, each applicant shall make application to the Division of Water Resources of the State Department of Environmental Protection and Energy, the Ocean County engineering department and the Borough engineer. Final approval shall not be effective until letters of approval from the proper governmental authorities shall be furnished to the secretary of the land use review board with a copy of each letter forwarded to the Borough engineer.
K.
When required by the municipality and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the Borough where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage right-of-way easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any adopted official map or master plan. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Land Development Ordinance of the Borough of Ship Bottom."
L.
Maintenance of drainage facilities and watercourses on private property shall be the responsibility of the property owner unless otherwise provided as part of subdivision or site plan approval.
M.
Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay the cost of providing reasonable and necessary drainage facility improvements, and any necessary easements therefor located outside the property limits of the subject premises as necessitated or required by construction or improvements within such subdivision or development subject to review and approval by the Borough engineer.
§ 16.52.030 Fences, walls and sight triangles.
[Ord. 93-5 § 503, 1993; Ord. No. 2024-20, 11-26-2024]
A.
All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. All poles, posts, etc. shall be erected on the inside of the fence. No fence shall be erected of barbed wire, broken glass, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals, except for nonresidential uses where the board determines that such construction is reasonable and affords safety. Where fences are not included as part of a site plan application, the erection of any fence shall require the issuance of a fence permit from the zoning officer. The applicant shall furnish the zoning officer a fee as required in Section 16.84.010 and the necessary information, including an accurate survey, from which to determine whether the subject fence meets the requirements of this chapter.
B.
All fences shall be constructed and maintained to withstand a strong wind. Construction materials may be of wood board (picket or panel), met fabric, picket or wrought iron, or concrete panel, but shall not be solid concrete or concrete block unless specifically approved by the board. All shall be treated against infestation and corrosion.
C.
All fences shall be symmetrical in appearance, with posts separated by identical distances, with the fencing conforming to a definite pattern and uniform design. Fences shall be kept in good repair and shall be maintained in a clean condition.
D.
On any lot in any district, no fence shall be over four feet in height in front yards and six feet in height in side and rear yards with the following provisions and exceptions:
1.
A dog run or pet pen or cage may have fencing a maximum of seven feet in height provided such area is located in rear yards only, shall not block the driveway or reduce the required off-street parking and is set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Section 16.16.010. The maximum dimension of such pen shall be five feet by 20 feet. Where the fencing exceeds four feet in height, the fence must be open metal construction.
2.
A private residential swimming pool area must be surrounded by a fence at least four feet, but no more than six feet in height. Swimming pool areas shall be located in rear yards only. See Section 16.52.160 for additional standards.
3.
A tennis court or volleyball court area, located in rear yards only, may be surrounded by a chain link fence (or equivalent) a maximum of 10 feet in height; such fence to be set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Section 16.16.010.
4.
Schools, playgrounds and parks in any district and commercial and industrial uses may erect security fences to control ingress and egress to all or part of the lot. Such fence shall be no more than 10 feet in height.
5.
Trees, shrubs and other plantings shall not be considered fences for the purpose of this title, except where such plantings produce a solid hedge or screen resulting in a solid visual barrier. Where such trees, shrubs and other plantings result in a solid visual barrier and exceed six feet in height, such trees, shrubs or other plantings shall be set back at least five feet from any property line.
6.
On bay front and lagoon front property, no fence exceeding four feet in height and no planting exceeding four feet in height which results in a solid visual barrier shall be permitted within the rear yard setback area as specified in Section 16.16.010 of this title for the applicable zoning district.
E.
Sight triangle areas shall be required at intersections and nonresidential driveways entering public streets, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than 30 inches above the street centerline, except for utility poles, street signs, fire hydrants and light standards. The size of the required sight triangle area shall be defined by a line connecting points on the edge of the paved portion of the cartways of the two intersecting streets and/or driveways at a distance of 25 feet from the corner of property lines. Sight triangle easements shall be required for any new development and such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of the Borough of Ship Bottom."
§ 16.52.040 Lighting.
[Ord. 93-5 § 504, 1993]
The objectives of these specifications is to minimize undesirable off-premises effects. The lighting plan shall provide for nonglare, recessed lens lights focused downward. No light shall shine into windows or onto streets and driveways in such a manner as to interfere or detract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.
A.
Street lighting of a type supplied by the utility and of a type and number approved by the Borough engineer may be required at all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons.
In the event a developer elects to install more street lighting than required by the Borough engineer or nonstandard lighting fixtures, agreements between the Borough and the developer, together with its successors and assigns, shall be entered into memorializing the perpetual obligations of a homeowner's association for maintenance and operation of the elected street lighting.
B.
All parking areas and walkways and appurtenant passageways and driveways serving commercial, public, office, multiple family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least 5/10 footcandles at intersections and 3/10 footcandles elsewhere in the area to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.
C.
Any outdoor lighting (e.g., building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting) shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety.
§ 16.52.050 Lot and block configuration.
[Ord. 93-5 § 505, 1993]
A.
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
B.
Each lot must front upon an approved street at least 50 feet in width, except that in instances where private streets and/or access easements at least 25 feet in width are provided and approved as part of a site plan and/or subdivision plan, each lot need not front upon an approved street.
C.
All lots shall be suitable for the purpose(s) of their intended use. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions, rock formations or flood conditions, the board, after adequate investigation, may withhold approval of such lots. If approval is withheld, the land use review board shall give reasons and notify the applicant and enter the same in the minutes.
D.
Concrete monuments shall be installed on both sides of all streets and elsewhere in accordance with the requirements of the New Jersey Map Filing Act.
E.
Where extra width has been dedicated for road right-of-way purposes in accordance with Section 16.52.150(A)(3) of this chapter, the lot area and yard requirements shall be measured from the new street line.
F.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by this title and to provide for convenient access, circulation control and safety of street traffic. For commercial, group housing or individual use, block size shall be sufficient to meet all area and yard requirements for such use.
§ 16.52.060 Natural features.
[Ord. 93-5 § 506, 1993]
A.
Natural features such as trees, dunes, bayfront and scenic points, historic sites and other significant community assets, natural terrain, and open waters shall be preserved and protected whenever possible in designing any development containing such features. Such natural features shall be removed or altered only if permitted and approved by the appropriate approving agencies, and only as necessary to permit construction of streets, driveways, lawns, dwellings and other authorized structures.
B.
The planting of trees or native vegetation may be required for all land development devoid of major vegetation, subject to the discretion of the board. The caliper of the trees shall be two inches measured 12 inches above the ground. The standing height shall be a minimum of 10 feet. All trees shall be brought to the site balled and burlapped or other acceptable means, free from insects and disease and true to species and variety.
C.
Landscaping provided as part of any development plan should provide for a variety and mixture of plantings. The selection should consider susceptibility to disease, colors, season, textures, shapes, blossoms, foliage and environmental factors such as sand, salt and wind. The site plan shall show the location, specie, size at planting and quantity of each plant and the location and type of in-ground or drip hose irrigation system proposed for the maintenance of newly planted material.
§ 16.52.070 Nonconforming lots, structures and uses.
[Ord. 93-5 § 507, 1993; amended by Ord. No. 2014-04, § 1, 4-22-2014]
A.
Lots.
1.
Whenever the owner of a lot as existing at the time of adoption of this title dedicates or conveys land to the Borough in order to meet the minimum street width requirements of the official or master plan the Borough, the construction official, subject to a prior written recommendation from the zoning officer, shall issue construction and occupancy permits for a lot whose depth and/or area is rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
2.
Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided: (a) the existing use(s) on the lot are conforming to the permitted use(s) stipulated in this title for the lot in question; (b) the total permitted building coverage is not exceeded; (c) the accessory building and/or addition does not violate any other requirements of this title such as, but not limited to, height, setback and parking and does not increase any existing nonconformity; and (d) the lot is not reduced in size.
3.
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of such lots have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of such individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the two or more contiguous lots of such owner shall be considered as a single lot for the purposes of this title.
4.
On any nonconforming lot of less than 40 feet in width, no building shall be erected consisting of more than one habitable story or exceeding 24 feet in height.
5.
No nonconforming lot shall be further reduced in size.
6.
Non-conforming lots of record. In any zone in which single-family dwellings are permitted, for lots having a frontage of at least 40 feet and a total square footage of 4,000 feet or more, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of enactment of this section, or the date of any amendment hereto, provided all setbacks and bulk requirements of the zone in which the lot is located are met. Such lot shall be in a separate ownership and not of contiguous frontage with other lots in the same ownership. For lots not meeting the requirements above, a variance of area, width and yard requirement shall be obtained through the land use board.
B.
Structures and Uses.
1.
Any preexisting nonconforming use or structure existing at the time of the passage of this title may be continued upon the lot or in the structure so occupied and any such structure may be repaired in the event of partial destruction.
2.
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a conforming structure containing a nonconforming use, including renovation which may require structural alterations or reconstruction provided that such alteration or improvement does not increase the nonconformity.
3.
No structure containing a nonconforming use shall be enlarged or extended in any manner. An addition of a second story or part thereof, or the addition of lands associated with any alteration or improvement to a structure containing a nonconforming use, shall require variance approval pursuant to N.J.S.A. 40:55D-70d.
4.
A nonconforming use shall be considered abandoned if such nonconforming use is terminated by the owner. If the owner fails to use the property for a period of 12 consecutive months, it shall be presumed to be abandoned. Thereafter, such building, structure and/or land shall not be used in a nonconforming manner.
5.
Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a nonconforming use or structure.
6.
Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot provided all other provisions of this title and other applicable laws are met.
§ 16.52.080 Off-street parking, loading areas and driveways.
[Ord. 93-5 § 508, 1993]
A.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with Section 16.52.040. All parking facilities providing five or more parking spaces shall be lighted.
B.
Paving And Curbing.
1.
All paved parking and loading areas and access drives shall be constructed with a minimum six inches Class A road gravel, two inches bituminous stabilized base course and 1 1/2 inch FABC-1 bituminous top course. In addition, a bed of salt hay shall be placed prior to the installation of the six inches of Class A road gravel. All parking areas, regardless of size and location, shall be suitably drained and maintained.
2.
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
3.
Parking spaces shall have a minimum dimension of nine feet wide by 18 feet in length except that handicapped parking spaces shall have a minimum dimension of eight feet wide by 18 feet in length with an adjacent access aisle at least five feet wide.
4.
All off-street parking and loading areas shall be provided with curbing or curb stops so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones and street rights-of-way and so that each parking and loading area has controlled entrances and exits and drainage control. Curbing or wheel stops shall be located to prevent any part of a vehicle from overhanging internal sidewalks or landscaped areas. Parking and loading spaces shall not be an extension of any street right-of-way.
5.
A buffer planting strip not less than five feet in width shall be provided between any nonresidential property line which abuts a residential use or district and any parking area with five or more parking spaces.
C.
Access.
1.
Each lot developed with a detached single-family dwelling unit or a two-family building shall be permitted only one curb cut per lot frontage; and each curb cut and driveway shall be 12 feet wide except where access is provided to a two-car garage, a twenty-foot wide driveway curb may be provided, and the curb cut and access drive shall be located on the side property line.
2.
Each lot developed with other than a detached single-family unit or a two-family building shall not be so restricted; however, curb cut access shall be limited by the board, as deemed necessary, in order to provide as few curb cuts as necessary, and no curb cut shall be more than 24 feet in width.
3.
In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing, where required, shall be depressed at the driveway and the curbing may be rounded at the corners.
4.
Driveways and access to any public street, except for single-family or two-family dwelling units, shall be located at least 35 feet from the intersection of the street at the curb line, and shall be designed in a manner conducive to safe ingress and egress.
5.
Any private access easement intended for vehicular use shall have a width of a minimum 25 feet and the minimum front yard and setback requirements shall be measured from the interior side of the easement line.
D.
Location of Parking and Loading. Required off-street parking and loading spaces shall be accessible from a public street and shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this title, except that in cases when it is determined during site plan review that the requirements for on-site off-street parking cannot be met because of existing conditions, the location and adequacy of off-site parking spaces to service the use shall be specified on the site plan subject to approval by the board. No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas. Parking may occupy front, side and rear yard areas subject to site plan approval. Where different specific activities with different parking requirements share the parking area, the total number of required parking spaces shall be the sum of the individual requirements for each activity.
E.
Type of Facility.
1.
When parking spaces are provided within a garage or other structure, such structure shall adhere to the proper accessory or principal building setbacks, as applicable.
2.
The provision of parking and loading spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles or the backing out into a street. Aisles providing access to parking areas shall have the following minimum dimensions:
Angle of Parking Space (degrees) | One-Way Aisle (feet) | Two-Way Aisle (feet) |
|---|---|---|
90° | 22 | 24 |
60° | 18 | 20 |
45° | 15 | 20 |
30° | 12 | 18 |
Parallel | 12 | 18 |
NOTES: |
|---|
Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail. |
3.
Stack parking, where motor vehicles are parked one in front of the other and require, when fully utilized, the moving of one vehicle to allow the removal of another, is prohibited; except in the instance of residential units where two spaces are provided for a particular dwelling unit, a maximum two spaces may be stacked, if specifically assigned to the particular dwelling unit.
§ 16.52.090 Performance standards for all uses.
[Ord. 93-5 § 509, 1993]
An application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the State Department of Environmental Protection and Energy.
A.
Electrical and/or Electronic Devices. All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the BOCA Basic Building Code as adopted by the state of New Jersey.
B.
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
C.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection and Energy.
D.
Noise. Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection and Energy as they may be adopted and amended.
E.
Odor. Odors shall not be discernible at the lot line or beyond. Any process which may involve the creation or emission or any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
F.
Storage and Waste Disposal.
1.
No flammable or explosive liquid, solids or gases shall be stored in bulk aboveground; provided, however, that tanks or drums of fuel directly connected with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
2.
No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such an underground aquifer undesirable as a source of water supply or recreation or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards and stored outdoors. Such outdoor storage containers shall be surrounded by fencing and adequately screened from adjacent properties.
3.
All development plans shall provide for sufficient area for the storage of recyclable materials as follows:
a.
Each application for residential development must include provisions for the collection, disposition and recycling of recyclable materials. A single-family unit or a unit within a two-family dwelling should provide at least 12 square feet of floor area conveniently arranged and located as a holding area for a four week accumulation of materials. Such an area may be within a hidden laundry room, basement or garage.
b.
Each application for a nonresidential use must include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The application shall provide a storage area to contain a week's accumulation of recyclable material.
c.
The storage area for recyclable materials shall be designed for truck access for pick-up of materials and be suitably screened from view if located outside a building.
G.
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.
H.
Vibration. There shall be no vibration which is discernible to the human senses or which is at low or high frequencies capable of causing discomfort or damage to life or property.
I.
Toxic and Radioactive Substances. There shall be no toxic or radioactive substances associated with any use.
J.
Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity (e.g., air conditioners, swimming pools, etc.) shall be diverted across property lines unless transported in an approved or existing drainage system.
K.
Smoke Control.
1.
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines.
2.
Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any 30 minute time period.
3.
These provisions, applicable to visible gray smoke, also shall apply to visible smoke of a different color, but with an equivalent apparent opacity.
L.
Control of Dust and Dirt, Fly Ash, Fumes, Vapors and Gases.
1.
No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at any point.
2.
No emission of liquid or solid particles from any chimney, etc., shall exceed 0.3 grains per cubic foot of the covering gas at any point.
3.
For measurement of the amount of particles in gases resulting from combustions, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.
§ 16.52.100 Principal use or building.
[Ord. 93-5 § 510, 1993]
Unless otherwise specified in this title, no more than one principal dwelling or building shall be permitted on one lot.
§ 16.52.110 Public utilities.
[Ord. 93-5 § 511, 1993]
A.
All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as those terms and conditions are on file with the New Jersey State Board of Public Utility Commissioners.
1.
Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract.
2.
Prior to the commencement of construction, the developer shall furnish the Borough clerk a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the Borough; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the Borough attorney prior to the commencement of construction.
3.
The developer shall provide the Borough with four copies of a final "as built" plan showing the installed location of the facilities.
B.
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 10 feet wide and located in consultation with the companies or Borough departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of the Borough of Ship Bottom."
§ 16.52.120 Sanitary sewers.
[Ord. 93-5 § 512, 1993; amended by Ord. No. 2016-22, § 2, 9-27-2016]
A.
The developer shall construct sanitary sewer lines and building connections in accordance with New Jersey Department of Environmental Protection permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development subject to review and approval of the Borough engineer.
B.
In order to determine the initial design and usage requirements calculations shall be provided in accordance with NJAC 7:14A-23.3 Projected Flow Criteria.
D.
Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay the cost of providing reasonable and necessary sewerage improvements, and any necessary easements therefor located outside the property limits of the subject premises as necessitated or required by construction or improvements within such subdivision or development subject to review and approval by the Borough engineer.
§ 16.52.130 Signs.
[Ord. 93-5 § 513, 1993; amended by Ord. 2006-20 §§ 1, 2, 2006; Ord. 2006-22 §§ 1, 2, 2006]
A.
General Provisions. No signs shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein. No billboards shall be erected or replaced. Any sign having a message which in and of itself is lewd and licentious or advocates an act in violation of any municipal, county, state or federal law shall be prohibited. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this title. No sign except traffic signs and those of a duly constituted governmental body shall be erected within the street right-of-way, nor shall any sign be placed on any property without the consent of the property owner.
No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of the building on which they are located. No signs shall be attached to trees, fenceposts, stumps, utility poles, but shall be freestanding or attached to buildings in an approved manner. No sign shall be erected so as to project over the property line. In the SC and GC districts, no freestanding sign shall be closer than 25 feet to another freestanding sign measured along the side line of the street nearest to which the signs are located.
All signs shall require a sign permit from the zoning officer and a building permit from the construction code official. No sign shall exceed 32 square feet in area. The applicant shall furnish the zoning officer a fee as required and the necessary information from which to determine whether the subject sign meets the requirements of this title. Where erection of the sign has not been completed within a four-month period after the date of issuance of the permits, the permits shall be null and void.
1.
Animated, Flashing Freestanding and Illusionary Signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement and electronic message signs are prohibited.
2.
Height. No freestanding sign shall be higher than 25 feet, except that no sign shall exceed any lesser height if particularly specified. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least nine feet above the walkway.
3.
Freestanding Signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly imbedded in the ground. Exposed guy wires, chains or other connections shall not be a support of a freestanding sign. Where a property does not have sufficient area for a freestanding sign to be mounted, a sign firmly attached perpendicular to the front wall of a building may be permitted in lieu of any permitted freestanding sign provided that the sign shall not extend five feet from the building wall and in any case shall not extend beyond any property line. Such sign shall not exceed 12 inches in thickness nor shall it extend above the roof line of the building more than six inches.
4.
Illuminated Signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets. No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Illuminated signs shall not be erected in residential districts.
5.
Information and Direction Signs. Street number designations, household, nameplates, postal boxes, "private property," on-site directional and parking signs and warning signs are permitted in all zones but are not considered in calculating sign area. No such sign(s) shall exceed three square feet in area.
6.
Maintenance. Signs and, in the case of permitted freestanding signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly.
7.
Political Signs. Political signs temporarily giving notice of political campaigns shall be located on private property and shall be set back at least 10 feet from all side property lines and shall not exceed 32 square feet in area. Signs shall be permitted within 45 days prior to any municipal, county, state or national election and shall be removed within five days after the election. All such signs do not need a sign permit.
8.
Real Estate Signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof on which the sign is erected shall be located on private property and, if not attached to the building, shall be set back from all street lines at least five feet. Signs shall not exceed six square feet in area. All such signs shall be removed at the expense of the advertiser within 30 days after the termination or completion of the matter of business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and the date of the legal closing. All real estate signs do not require a construction permit.
9.
Sign Area. The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but such area shall not include any supporting framework and bracing incidental to the display itself.
10.
Signs With Two Exposures. Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used. The sign shall be considered two signs where the sides of the sign are not less than a 45° angle from each other.
11.
Wall Fascia or Attached Signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building. Parallel attached signs shall not project more than six inches from the building nor shall they extend beyond the end of the building wall upon which they are attached.
12.
Window Signs. Interior window signs shall not be considered in computing the allowable signs; provided, however, that such interior signs shall not exceed 25% of the total window area. Interior window signs shall be professionally designed and no cardboard signs are permitted.
13.
Flags may be displayed in all zones and do not need a permit, provided that no portion of any flag shall extend beyond the property line at any time.
14.
Temporary Signs.
a.
Temporary Special Event and Other Signs. Temporary signs, advertising events such as fairs, bazaars, auctions, garage sales or other special events shall be permitted, shall not exceed 30 square feet in size and shall be erected or placed so as not to obstruct or obscure visibility at corners or intersections or otherwise cause a traffic safety board. Such signs are allowed one month prior the event being advertised and must be removed within 10 days following the conclusion of the event. Signs erected by an ongoing business as a means of furthering its business activity or by an ongoing business or an individual as means of selling real property shall not fall within this special activity designation.
All other temporary signs permitted in the B.O.C.A. Building Code shall be permitted provided that only one sign per lot is erected and such sign shall not exceed 30 square feet in size. Such signs shall be displayed for no longer than 15 days and shall not be displayed again for 45 days.
Banner-style signs extending from one side of the street to the other are not permitted, other than at locations which may from time to time be specified by the Borough and only in the following instances:
i.
By the Borough for the purpose of publishing Borough sponsored events;
ii.
By the Borough on behalf of a nonprofit organization with its principal office located on Long Beach Island for the purpose of publicizing a civic or charitable event to be held on the Island under the sponsorship of the nonprofit organization. All costs, including but not limited to, the cost of providing the banner as well as the cost of erecting such banner, will be borne by the nonprofit organization.
iii.
All requests for erection of banners will be treated on a first-come first-served basis, but with the proviso that Borough banners will have precedence over those of nonprofit organizations. The Borough may refuse permission to erect any banner that contains material, or publicizes an event, that is not in keeping with the objective of maintaining Long Beach Island as a family resort.
b.
Temporary Construction and Contractor Signs.
i.
One temporary construction sign approved as part of a development application is permitted, not exceeding 32 square feet, and advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit, provided such sign is on the site where construction is taking place, is not on any existing or proposed street or easement and is set back at least 10 feet from all street and lot lines.
ii.
One temporary contractor sign, advertising the name or business of a mechanic, contractor or artisan, is permitted only during the period when the mechanic, contractor or artisan is actively performing work on the lands and premises where the sign is placed. The sign shall not exceed 12 square feet, inclusive of all mechanics, contractors or artisans performing work on said premises, and shall be set back at least 10 feet from all street and property lines.
iii.
Temporary construction and contractor signs placed at the site of the construction work, renovation or alteration shall be removed before the issuance of the first certificate of occupancy, continuing certificate of occupancy, certificate of approval or temporary certificate of occupancy.
B.
Street Signs. Street signs shall be in conformance with the New Jersey Department of Transportation Standards and the Manual on Uniform Traffic Control Devices for Streets and Highways. The location of the street signs shall be determined by the Borough engineer, but there shall be at least two street signs furnished at each intersection. All signs shall be installed free of visual obstruction.
C.
Exceptions. Notwithstanding the provisions of this section, the Borough may in its absolute and sole discretion, or by contract or agreement, may provide advertising for any business or use, when such advertising is deemed to be in furtherance of the public good, health, safety and general welfare.
D.
Enforcement.
1.
If the code enforcement official and/or zoning officer shall find that any sign regulated in this section is unsafe, insecure, in need of repair or equipped with flashing or blinking lights, he or she shall give written notice to the owner. If the owner fails to remove, alter or repair the sign within 10 days after such notice, the sign may be removed, altered or repaired by the code enforcement official and/or zoning officer in order to comply, at the expense of the permittee or owner of the property upon which it is located.
2.
Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure upon which the sign may be found within 10 days after written notification from the code enforcement official and/or zoning officer. Upon failure to comply with the notice within the time specified therein, the code enforcement official and/or zoning officer is authorized to cause the removal of the sign and any expense incident to such removal shall be paid by the permittee or owner of the building or structure to which the sign is attached.
3.
The code enforcement official and/or zoning officer is authorized and empowered to revoke any sign permit issued by him or her upon the failure of the holder to comply with any provision of this title.
§ 16.52.140 Soil erosion and sediment control.
[Ord. 93-5 § 514, 1993]
A.
The soil erosion and sediment control plan and procedure shall be designed and developed in accordance with the "standards for Soil Erosion and Sediment Control" adopted by the New Jersey State Soil Conservation Committee and administered by the Ocean County soil conservation district.
B.
Control measures shall apply to all aspects of the proposed site development involving land disturbances and shall be in operation during any and all stages of the disturbance activity.
C.
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
D.
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
E.
Either dune grass planting, temporary seeding, mulching or other suitable stabilization measure shall be used to protect exposed critical areas during construction or other land disturbance. The disturbed soils shall be stabilized as quickly as possible.
F.
The permanent vegetation and final mechanical erosion control measure shall be installed as soon as practical in the development.
G.
Drainage provisions shall be made to effectively accommodate the increased run-off resulting from modifications of soil and surface conditions during and after development or disturbance. Where necessary, the rate of surface water run-off will be mechanically retarded.
H.
Sediment in the run-off water shall be retained on-site by the use of sediment basins, silt traps, debris basins or other acceptable methods.
I.
Diversions, sediment basins, and similar required structures shall be installed prior to any on-site grading or disturbance.
J.
If any sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all affected surfaces, drainage systems, and watercourses, and to repair any damage at his or her expense as quickly as possible.
§ 16.52.150 Streets, curbs and sidewalks.
[Ord. 93-5 § 515, 1993; Ord. No. 2015-16, §§ 1, 2, 10-27-2015; Ord. No. 2024-02, 1-23-2024]
A.
Streets.
1.
All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan and all such streets shall have an adequate crown. The arrangement of such streets not shown on the master plan or official map, as adopted by the Borough, shall be such as to provide for the appropriate extension of such streets. Local streets shall be planned so as to discourage through traffic.
2.
In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, provided that any new street that is a continuation of an existing street shall be continued at a width equal to that of the existing street, although a greater width may be required in accordance with the following schedule, unless otherwise determined by the Borough engineer:
Streets5 | R-O-W Width | Traffic Lanes | Shoulder Width Within Gutters | Width o.s. Gutters On Each Side | Width Between Gutters and Curb | ||
|---|---|---|---|---|---|---|---|
No. | Width1 | ||||||
Controlled access highway | As required by state or county | ||||||
Arterial | As required by state or county | ||||||
Major collector2 | As required by state or county | ||||||
Sub-collector | 60' | 2 | at | 12' | 8' | 10' | 40' |
Marginal service | As determined by Borough engineer | ||||||
Local | 50' | 2 | at | 15' | 10' | 30' | |
Alley3 | 20'4 | 2 | at | 10' | 20' | ||
NOTES: | |
|---|---|
1 | A minimum of 12 feet per traffic lane is required. |
2 | For Barnegat Avenue, two six-foot wide bike lanes shall be located and appropriately striped outside the two twelve-foot wide traffic lanes. Twelve-foot wide parking lanes shall be located between each bike lane and the gutter or edge of pavement. |
3 | No parking is permitted on an alley. Alleys must be straight, through streets having a maximum length of 250 feet and must be intersected with a local street on each end. |
4 | For alleys the right-of-way shall be considered coterminous with the required cartway (width between gutters). Where traffic is restricted to one-way, the width between gutters may be reduced to 17 feet. |
5 | For purposes of this title, streets shall be classified as follows: |
Controlled Access Highways. Streets used by heavy through traffic which permits no access from abutting property; | |
Arterial. Streets used primarily for fast or heavy through traffic; | |
Major Collector. Streets used primarily for heavy local and through traffic; | |
Sub-Collector. Streets carrying traffic from minor streets to the major street, including the principal entrance streets of a residential development and streets for circulation within such a development; | |
Local. Streets used primarily for access to the abutting properties; | |
Marginal Service. Streets parallel or adjacent to controlled access highways or major streets which provide access to abutting properties and protection from through traffic; | |
Alleys. Minor ways used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. | |
3.
In the event that a development adjoins or includes existing streets that do not conform to the street width requirements of this title, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of the Borough of Ship Bottom." If the development is along one side only, one-half of the required extra width shall be dedicated and the road shall be improved, including excavation, base course, surfacing and drainage improvements in accordance with the approved application, which may require that the improvements extend across the centerline of the road.
4.
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion results. The continuation of an existing street shall have the same name. The board reserves the right to approve or name streets within a proposed development.
5.
The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the county or state engineers when such paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the Borough, the minimum standards shall be six inches Class A road gravel, two inches of bituminous stabilized base course and two inches of FABC-1 bituminous top course. In addition, a bed of salt hay shall be placed prior to the installation of the six inches of Class A road gravel. Where subgrade conditions of proposed street areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, specifications for thicker or stronger streets shall be set by the Borough engineer and required by the Borough approving authority.
6.
Grades of arterial and collector streets shall not exceed 5%. Grades on other streets shall not exceed 7%. No street shall have a minimum grade of less than 1/2 of 1%. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
7.
Street intersections shall be as nearly at right angles as possible and in no case shall be less than 60°. Approaches to all intersections involving collector or arterial roads shall follow a straight line. The block corners at intersections shall be rounded at the curb line with a curve with a radius of not less than 10 feet. No more than two streets shall meet or intersect at any point and the centerlines of both intersecting streets shall pass through a common point. Street jogs with centerline offsets of less than 125 feet shall be prohibited.
8.
A tangent of at least 100 feet long shall be introduced between reverse curves on arterial or collector streets. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for collector and arterial streets.
9.
Cul-de-sacs shall be no more than 600 feet in length. A turn-around shall be provided at the end of the cul-de-sac with a radius of 50 feet on the curbline. The center point for the radius shall be the centerline of the associated street or, if offset, offset to a point where the radius becomes tangent to the right curbline of the associated street.
10.
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the board may determine appropriate.
No subdivision showing reverse strips controlling access to streets shall be approved except land comprising such strips where the control and disposal thereof has been placed in the Borough council under conditions approved by the board.
B.
Curbs. Concrete curbs shall be installed on both sides of all streets. The top of the curb shall be at least six inches wide, and 18 inches in depth. The bottom of the curbs shall be nine inches wide and the back surface shall be perpendicular or plumb. Curbs shall be constructed with minimum 3,000 PSI concrete. Expansion joints shall be provided at twenty-foot intervals with construction joints at ten-foot intervals. Premolded joint materials shall be used where curbs and sidewalks join each other. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the state of New Jersey.
C.
Sidewalks, Aprons and Crosswalks.
1.
Sidewalks and aprons are required on both sides of Long Beach Boulevard and Central Avenue and along both sides of those streets between Long Beach Boulevard and the oceanfront building line.
2.
Sidewalk standards.
a.
Sidewalks shall be at least four feet wide with a planting strip between the edge of sidewalk to the curb except for Long Beach Boulevard. The sidewalks along Long Beach Boulevard shall be at least six feet wide with at least three feet on the west side of Long Beach Boulevard and eight feet on the east side of Long Beach Boulevard from the edge of sidewalk to the curb which may be planted or concrete as determined at the time of site plan review. Where deemed desirable, the board may require and approve sidewalks along Long Beach Boulevard constructed primarily of concrete with the addition of brick or other material, as approved by the Borough engineer.
b.
Sidewalks shall be four to six inches thick and shall be constructed with minimum 3,500 PSI concrete. Expansion joints shall be provided at twenty-foot intervals with construction joints at every four-foot interval. The sidewalk shall have a slope of 1/4 inch per foot toward the street.
3.
Driveway aprons and driveways crossing the sidewalk shall be six inches thick and shall be constructed with a minimum 3,500 PSI concrete reinforced with a six-inch by six-inch ten-gauge welded wire mesh.
4.
In blocks greater than 800 feet in length, pedestrian crosswalks may be required in locations deemed necessary by the board. Such crosswalks shall be 10 feet in width and be straight from curb-to-curb.
5.
Any person or property owner granted subdivision or site plan approval shall install sidewalks along the frontage to the property granted such approvals.
§ 16.52.160 Swimming pools.
[Ord. 93-5 § 516, 1993; amended by Ord. 2000-15 § 2, 2000]
A.
Private Residential.
1.
No private residential swimming pool, hot tub or whirlpool shall be constructed or installed on any lot unless the lot contains a residence building. The area of a lot covered by an above-ground pool, together with any buildings located on or erected on the lot, shall not exceed 35% of the square footage of the lot. If the area of a lot covered by an above-ground swimming pool, together with any buildings located on or erected on the lot, covers 35% of the lot, then any hot tub or whirlpool installed on the property in addition to the pre-existing structures shall not exceed 100 square feet and shall be limited to 600 gallons. The area of a lot covered by a hot tub, whirlpool or in-ground swimming pool, together with the area covered by any buildings of structures erected on the lot, shall not exceed 50% of the square footage of the lot. Pools, hot tubs or whirlpools, shall be located no closer than five feet to any lot line.
2.
A private residential swimming pool area must be enclosed by a suitable fence with a positive, self-latching gate at least four feet, but no more than six feet, in height; provided that, in lieu of the prescribed fence, aboveground pools with vertical side walls four feet or more in height may be equipped with a ladder or steps which can be repositioned or removed when the pool is not in active use.
3.
A private residential pool may be lighted by both underwater or exterior lights, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties. All standards used for exterior lighting shall not exceed 12 feet in height.
4.
All pools shall meet the appropriate design standards as set forth by the BOCA Basic Building Code and the Federal Emergency Management Agency.
B.
Public and Commercial.
1.
Public and commercial pools shall be located within an area not less than 1,000 square feet that is devoted to the use of the pool and for such adjacent uses as lounge chairs, shuffleboard or walking areas around the pool. The area covered by an aboveground pool, together with any buildings located or erected on the lot, shall not exceed 35% of the square footage of the lot. The area of a lot covered by an in-ground swimming pool, together with the area covered by any buildings or structures erected on the lot, shall not exceed 50% of the square footage of the lot.
2.
The water area of any public or commercial pool or separate swimming tank shall be no closer to any property line than the setback distances prescribed for accessory uses in the applicable zoning district as prescribed in this title or eight feet, whichever is more stringent.
3.
The varying depths of the pool shall be prominently marked in the pool as well as at the edge of the pool.
4.
The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. If any portion of the pool, part of the land devoted to the use of the pool, light standard or loud speakers are located closer to any residential building or any property line than 15 feet, adequate buffers of trees and shrubs shall be provided to protect against light and sound.
5.
The total land devoted to the use of the pool shall be enclosed with a fence no less than four feet in height but no more than six feet in height. The fence shall be equipped with a positive, self-latching gate.
6.
No pool shall be constructed or installed unless approved by the board as part of a site plan approval. All pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the BOCA Basic Building Code, the Federal Emergency Management Agency, the National Swimming Pool Institute, or the Swimming Pool Code of New Jersey, 1970, whichever is more stringent.
§ 16.52.170 Uniformity and similarity of buildings.
[Ord. 93-5 § 517, 1993]
It is found, determined and declared that excessive uniformity or similarity in the exterior design and appearance of buildings erected in the Borough for residential purposes affects the desirability of immediate and neighboring areas for residential purposes and impairs the benefits of the occupancy of existing residential property, impairs the stability and value of both improved and unimproved property in such areas, prevents the most appropriate development of such areas, produces degeneration and depreciation of residential property values in such areas, deprives the municipality of tax revenues which it otherwise would receive, and destroys a proper balance in relationship between taxable value of real property in such areas and the cost of municipal services provided therefor, and for all of these listed reasons, results in a substantial depreciation in the property values of the Borough as a whole. It is further determined and declared that it is the purpose of this title to prevent these and other harmful effects of excessive uniformity or similarity in the exterior design and appearance of buildings erected in the Borough for occupancy as residence.
§ 16.52.180 Water supply.
[Ord. 93-5 § 518, 1993; amended by Ord. No. 2016-22, § 3, 9-27-2016]
A.
Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.
B.
Fire hydrants and control valves shall be installed at proper locations to be determined by the Borough engineer and the Borough water superintendent and shall be painted in such colors so as to conform with existing hydrants in the Borough or as specified by the Borough engineer.
C.
In order to determine initial design and usage requirements, calculation shall be provided in accordance with N.J.A.C. 7:10-12.6 Water Volume Requirements.
E.
Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay the cost of providing reasonable and necessary water improvements, and any necessary easements therefor located outside the property limits of the subject premises as necessitated or required by construction or improvements within such subdivision or development subject to review and approval by the Borough engineer.
§ 16.52.190 Electric and telephone utilities.
[Ord. No. 2024-02, 1-23-2024]
All major subdivisions shall require the serving utility for the underground installation of the utilities distribution supply lines and service connection in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the land use board prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided that in such subdivisions, lots which abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities overhead lines shall be installed underground.