Tinton Falls City Zoning Code
§ 40-29
GENERAL REGULATIONS.
[Amended 10-1-2019 by Ord. No. 2019-1452; 12-3-2024 by Ord. No. 2024-1518]
A.
General.
1.
No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.
2.
No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in the district in which such building or structure is located.
3.
No building or structure shall be erected, no existing buildings or structures 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 with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
4.
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Article; and if, already less than the minimum required by this Chapter, said area or dimension shall not be further reduced. The provisions and restrictions contained in this Article shall not apply to or be binding upon the Borough of Tinton Falls.
5.
Grading or other disturbance of property shall be accomplished in accordance with approved plans, good industry practice and in a manner to avoid damage to any property, including public infrastructure and neighboring lots, and to protect the health and safety of the public. No new development or changes to existing property shall result in a negative impact to adjacent properties. The applicant or property owner shall be responsible for addressing negative impacts to neighboring properties as related to grading or other property disturbance to the satisfaction of the Construction Official or Borough Engineer.
6.
No building or structure shall be erected on, nor shall any clearing or grading take place on, any property not owned by the entity performing the work without prior written approval and easements from the property owner on which the work is taking place and approval of a zoning permit.
B.
Yard Regulations.
1.
Required Yards.
a.
Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.
b.
No yard or other open space provided for any building for the purpose, of complying with the provisions of this Article shall be considered as providing a yard or other open space for any other building on any other lot.
c.
No land in a residential zone shall be used to fulfill open space, minimum areas, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.
2.
Front Yards on Corner Lots. Where a lot is bounded by more than one street and is a corner lot as defined in this Chapter, the front yard setback requirements for the zone shall be satisfied with respect to each abutting street. The remaining yards shall be considered a rear yard. Corner lots shall have two front yards and two rear yards.
3.
Front Yards on all Other Lots with Multiple Frontages. Where a lot is bounded by more than one street and is not a corner lot as defined by this Chapter, such as through lots or lots with multiple frontages, the front yard setback requirements for the zone shall be satisfied with respect to each abutting street. The remaining yards abutting adjacent property shall be considered a side yard. Accessory structures in yard areas opposite the front yard as determined by street address shall conform to front yard setback requirements and be screened by fencing or landscaping in compliance with this Chapter.
C.
Projections and Encroachments. Yards required by this article shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this article, nor shall use be made of such yard, except as follows:
1.
Driveways providing access to permitted garages or parking areas: provided, however, that in residential zones driveways used to provide access to private garages shall not be wider than 20 feet and shall be set back a minimum of five feet from the property line. If direct access to the garage requires a width greater than 20 feet, then the driveway width may be increased only to accommodate direct access in the garage.
2.
Sills, leaders, eaves, soffits and similar ornamental or structural features may project not more than six inches into any required yard.
3.
Fences and retaining walls, where specifically permitted in this chapter.
4.
Television antennas and radio aerial masts, children's playground equipment, outdoor fireplaces and yard clothes lines and posts but must be set back at least 10 feet from any property line. Such structures shall not be located in the front yard.
5.
Accessory buildings and uses, including swimming pools, where specifically permitted in this chapter.
6.
Stair encroachments into yard areas are permitted in front and rear yard areas only by no more than three feet. No encroachments in the side yard area are permitted.
D.
Critical Environmental Areas.
2.
Critical environmental areas shall be preserved and not built upon. Where a property containing critical environmental areas is proposed for development or other improvements, no proposed structures or fill shall be located within the critical environmental areas.
3.
Residential Development. A minimum rear yard area of 10% of the total lot area, contiguous to the proposed building footprint and unencumbered by critical environmental areas shall be provided. The ratio width to depth for each rear yard area shall not exceed 2.5 to 1.
4.
Nonresidential Development. Any and all buffer requirements shall be as deemed necessary by NJDEP.
5.
The 100-year flood plain shall be at least that area designated on the streams identified on maps prepared by the Federal Emergency Management Agency and the State of New Jersey, or such broader area on those streams as might result from on-site evaluation.
6.
On streams not identified by said maps, the 100-year flood plain shall be as delineated by a developer's engineer and approved by the Board Engineer and the State of New Jersey Division of Water Resources. The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a 100-year storm frequency. One or the other shall be delineated on the plat. In addition, the Board Engineer may, upon receipt of the application and with the consent of the landowner, determine the precise location of the floodway and flood fringe area by close inspection, field survey or other appropriate method and cause the same to be marked on the ground and on the plat, notifying the owner, the New Jersey Department of Environmental Protection, Division of Water Resources, and the Board. Where State or Federal agencies have or will publish any reports which clearly delineate by contours the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this Chapter.
7.
Any lot containing a critical environmental area on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed development and use are permitted by this Chapter, plat approval has been granted, and any required permits have been issued by the New Jersey Department of Environmental Protection.
8.
No septic systems shall be in critical environmental areas.
9.
Permitted uses in critical environmental areas shall be as follows, provided they are permitted uses in the district in which the critical environmental areas is located and provided that none of these uses adversely affect the hydraulic capacity, water surface elevation, water quality and turbidity, erosion potential, wildlife habitat and other environmental impacts of critical environmental areas:
a.
Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
b.
Recreation: golf courses, playing fields, swimming areas, boat launching ramps, picnic and camping, and open space uses such as hiking trails.
c.
Residential: lawns, gardens, and play areas.
10.
The applicant shall submit maps, reports and other appropriate documents permitting the Board to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment or degrade the quality of surface water or the quality and quantity of groundwater; does not require channel modification or relocation; does not require fill or the erection of structures; and does not include the storage of equipment and materials.
E.
Conservation Easements.
1.
The removal of trees and ground cover shall be prohibited in a conservation easement or flood plains except for the following purposes: The removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or areas to be flooded as a result of the creation of ponds or lakes. Any changes, additions or removals of any materials within a conservation easement shall be subject of a permit from the Administrative Officer or his/her designee. Any trees removed shall be replaced in kind by either a 2.5-inch caliper deciduous tree or 6-foot evergreen tree. The construction of any manmade structure is prohibited in a conservation easement (fence, shed, patio, deck, pool, etc.).
F.
Mining.
1.
Purpose. The purpose of this section is to establish guidelines for grading, drainage, erosion control and other provisions of this Chapter for existing sand and gravel operations. These regulations are brought about by numerous old pits that were abandoned without regard for future use, environmental considerations or aesthetic concerns, yet these abandoned operations are now in the path of development. These provisions are intended to guide those existing mines that are permitted to continue, but to establish standards to assure that these mines are operated in a safe, healthful and aesthetic manner, and so that the site is usable subsequent to completion of the excavating process.
2.
No new mining sites are permitted.
3.
The operating face of an area being mined shall not be closer to any property line or public street right-of-way than 100 feet, such limit to also extend vertically into the earth for any subterranean excavations.
4.
The operator shall maintain a protective buffer zone which shall consist of a strip of land a minimum of 50 feet in width measured from the property lines of adjoining properties. This buffer zone shall be planted and maintained throughout the life of the mining operation. In addition, along the top edge of any mine pit with an operating face higher than 20 feet, the trees, shrubbery and other growth shall be removed for a distance of not less than 40 feet from such edge to permit a clear view of the slope. Appropriate warning signs of a permanent type shall be posted in the vicinity citing the danger.
5.
Upon termination of a mining operation, the property shall be left in a condition where no dangerous holes or other hazards exist and where there is proper drainage to prevent the accumulation of stagnant water on the property. The resulting land surface shall be graded and drained so that storm waters will not collect on the property and storm waters draining from the property will not create flooding, erosion, siltation or hazardous conditions on or beyond the properties. All areas where the excavation is completed shall be landscaped with conifers and/or deciduous trees spaced on center no more distant than 50 feet, as well as planted and maintained with perennial rye at a quantity of 25 pounds per 6,000 square feet.
6.
Applications, bonds, permits and operations shall be as required by the Freehold Soil Conservation District, in addition to the following:
a.
The name, address, phone number and signature of the owner(s); the applicant, if different from the owner; and the person who will be in charge of the work.
b.
Tax Map sheet, block and lot numbers.
c.
The routes to and from the site over which the transporting of removed soil shall take place.
d.
The location of any streams, flood plain areas or ponds, lakes or other bodies of water within 1,000 feet of the premises involved.
e.
The area to be disturbed shown in sections of not more than three acres and numbered consecutively indicating the order of sections to be disturbed and graded.
f.
Location of borings, which shall extend not less than four feet below the proposed finished grade and which shall include the soil description and water table so found. Not less than three borings per acre shall be made. The Borough Engineer may require additional borings if, in his opinion, the conditions warrant additional data.
g.
The period for which the permit is sought, together with the proposed timetable covering the entire period and when all work will be completed.
h.
All work shall be accomplished pursuant to the terms of the permit as issued and, in addition, the following regulations shall be strictly adhered to:
(1)
The removal of any topsoil from the premises involved is expressly prohibited. All topsoil on premises involved shall be temporarily stored on the premises inside a fenced area during operations, and after grading is completed, the topsoil shall be respread on the premises to a depth of not less than six inches.
(2)
Not more than three acres shall be disturbed at any one time.
(3)
All trees, stumps and brush shall either be removed from the premises or shall be chipped into mulch and spread on-site to aid in reestablishing top soil. Unchipped material shall not be buried.
(4)
Immediately upon completion of the respreading of the topsoil, the entire area shall be reseeded with grass seed or other cover crop as described in the permit.
(5)
No excavation shall be permitted below the grade of any adjoining road unless the beginning of the slope is at least 100 feet from the road's right-of-way and the slope conforms to paragraph h(9) below.
(6)
Soil removed or disturbed shall not be deposited or in any way thrown or placed upon adjoining property or roads.
(7)
All operations shall be conducted in strict accordance with Federal and State laws, other ordinances of the Borough, and pursuant to the terms of the permit as granted.
(8)
All operations shall be conducted so as not to constitute a public or private nuisance or create any dangerous conditions.
(9)
No slopes created by any operation shall exceed one to one during the course of the operation. Slopes remaining at the completion of the work shall be limited by the type of permanent vegetative cover and the ability to maintain the surface. Maximum final slope shall not exceed one foot vertical per two feet horizontal. In active gravel pits or borrow pits, only the working face may have a slope exceeding one foot vertical per two feet horizontal. The working face slope shall not exceed one to one.
(10)
Hours of operation shall be limited to the following: 7:00 a.m. to 6:00 p.m. (prevailing time), Monday through Saturday. No hours of operation shall be permitted on Sunday.
(11)
Failure by a permittee to comply with the provisions of this Chapter or of a permit issued pursuant hereto shall be grounds for the immediate revocation and withdrawal of the permit by the Borough and shall constitute reason for the denial of any future permit to the permittee on the same premises or any other premises.
(12)
Acceptance of the permit, when granted, shall constitute the granting of right of entry to Borough Officials for the purpose of making inspections of the work.