Tinton Falls City Zoning Code
§ 40-33
ACCESSORY STRUCTURES AND USES.
[Ord. No. 11-1314 §§ 13 - 16; Ord. No. 2015-1391; Ord. No. 2018-1434 § 1; amended 10-1-2019 by Ord. No. 2019-1452; 3-1-2022 by Ord. No. 2022-1484; 12-3-2024 by Ord. No. 2024-1518]
A.
General Requirements.
1.
No accessory building or structure shall be constructed on any lot on which there is not a principal building.
2.
Any accessory building or structure attached to the principal building shall be considered part of the principal building.
3.
Play sets, swing sets, jungle gyms and related equipment, as well as ponds and other water features shall be considered accessory structures in this chapter.
4.
No accessory building, structure, or use shall be permitted on any lot other than the same lot as the principal structure to which it serves.
B.
The following requirements shall be complied with in all residential zones:
1.
No accessory building or structure shall be used for human habitation.
2.
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet in height as measured to the peak of the roof.
3.
Pools shall be located no closer than 10 feet to any other building.
4.
No accessory building or structure shall be located closer to a right-of-way line than the principal building. On corner lots, accessory building or structure shall not be located closer to a street than the minimum front yard requirements for the district and screened by landscaping in compliance with this chapter.
5.
Up to two accessory buildings are permitted on a lot. Accessory buildings or structures located on the same lot must be for different uses and shall not exceed an area of 400 square feet maximum per site. For example, one detached garage and associated driveway is permitted provided there is no attached garage. One accessory building for household goods and equipment such as a cabana, barn, tool shed, storage shed, or garden shed accessory to a detached single-family dwelling is permitted.
6.
No accessory building or structure shall have an area greater than 400 square feet.
7.
An accessory building or structure shall not be closer than five feet to a side lot line or three feet from a rear lot line and shall only be permitted to the rear of the principal building.
C.
The following requirements shall be complied with in all nonresidential zones:
1.
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet or be more than one story in height.
2.
No accessory building or structure shall be permitted in any front yard.
3.
Accessory buildings and structures built within the side yard must meet all side yard setbacks.
4.
Accessory buildings and structures shall not be closer than the height of the accessory building to a rear lot line.
5.
No accessory building or structure in a nonresidential district shall have an area greater than 400 square feet.
6.
Up to two accessory buildings or structures are permitted on a lot. Trash enclosures shall not be included in this limit on the number of accessory buildings or structures.
D.
Requirements — Specific Accessory Structures and Uses. Requirements for specific accessory structures and uses.
1.
Outdoor Storage.
a.
Where permitted below, outdoor storage, except for the outdoor storage and display of retail goods and merchandise within designated areas as permitted herein, is prohibited within the front yard or in a side yard adjoining a street.
b.
The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards, incidental to authorized residential use and occupancy, is prohibited in all residential zones.
c.
No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
d.
No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces such as wind or water.
e.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise attractive to rodents or insects, shall be stored outdoors only in closed containers.
f.
Commercial Outdoor Storage. Outdoor display or storage of any materials are prohibited, with the exception of the following.
(1)
Retail Wholesale Stores. Outdoor storage and display of lumber, building supplies, nursery stock, and garden supplies shall be permitted provided the material is limited to a single area of the site and this area does not exceed 10% of the lot area.
(2)
Landscaping, Construction, Demolition or other such Contractors. Outdoor equipment storage such as construction equipment, trucks, chippers, mulch piles and stockpiles of clean materials shall be permitted, provided the equipment and materials are limited to a single area of the site and this area does not exceed 50% of the lot area, with the exception of the MFG-2 Zone where this area shall not exceed 75%. Under no circumstances shall any stored material leave the site by natural causes or forces such as wind or water.
(3)
Concrete and Asphalt Manufacturing Plants. Outdoor equipment storage such as loaders, trucks, and other such equipment and stockpiles of aggregate materials shall be permitted provided the equipment and materials are limited to a single area of the site and this area does not exceed 10% of the lot area. Aggregate materials must be stored in designated bins or other such constructions. Under no circumstances shall any stored material leave the site by natural causes or forces such as wind or water.
(4)
Outdoor Storage and Display of Retail Goods and Merchandise. The outdoor storage and display of retail goods and merchandise shall be permitted provided that the storage and display of such goods and merchandise takes place within designated areas approved by the Planning Board, Board of Adjustment, or Administrative Officer. The outdoor storage and display of retail goods and merchandise shall take place in an orderly manner and shall not create a junk like condition that results in a negative visual impact when viewed from a public street, right-of-way, or an adjacent property, nor shall such storage and display of retail goods and merchandise encroach upon any required yard setback. Each designated storage and display area shall be screened from all public rights-of-way and adjacent properties through a combination of fencing and landscaping. Fencing shall be provided in accordance with the provisions of § 40-33.D.5. Landscaping shall be provided around the outside of the fenced outdoor storage and display area in accordance with § 40-25.D and § 40-25.E.
(5)
Resource recycling facilities are governed by separate ordinance section.
(6)
Single Stream Recycling Facilities. Outdoor equipment storage such as construction equipment, loaders, trucks and other such equipment, outdoor storage of Class A, Class B and Class C recyclable materials (excepting they're from source separated food waste), and outdoor processing of Class B and Class C recyclable materials (excepting they're from source separated food waste) and scrap metal shall be permitted provided the equipment, processing and materials are limited to a single area of the site and this area does not exceed 65% of the lot area. Pre- and post-processed recyclable materials must be stored in designated bins or similar enclosures. Under no circumstances shall any material stored outdoors leave the site by routinely occurring natural causes or forces such as wind or water.
(7)
All commercial outdoor storage, except for the outdoor storage and display of retail goods and merchandise within designated areas as permitted herein, shall be set back from a school or recreation area at least 300 feet and set back from any residential property line at least 100 feet.
(8)
All commercial outdoor storage, except for the outdoor storage and display of retail goods and merchandise within designated areas as permitted herein, shall be in the rear or side yard and screened from view of all public streets by buildings and/or a fifty-foot buffer of dense evergreen plant material and/or fences as deemed necessary by the Board to achieve the intended buffer.
2.
Decks and Patios.
a.
Any decks or patios above grade shall meet the required yard setbacks for principal buildings.
b.
Decks and patios shall be permitted in the side and rear yard area only.
c.
Second story decks shall be permitted if accessed from the building interior only, with the exception of bi-level houses, which are permitted to have a second story deck with stairs to the yard if the kitchen is located on the second floor. In no instance shall a second story deck lead to an additional dwelling unit. No second floor decks shall be permitted on accessory buildings.
d.
Any decks and patios at grade shall be located no closer than 10 feet to any property line.
e.
All decks and patios shall be included in the calculation of total lot coverage.
f.
The elevation of the second floor deck shall be no higher than the finished second floor elevation.
3.
Swimming Pools/Hot Tubs/Spas.
a.
Only one pool and one hot tub/spa shall be permitted per single-family residence. No private residential pool/hot tub/spa shall be installed on any lot without a residence.
b.
The water edge of the pool and hot tub/spa shall be a minimum of 15 feet from the side and rear lot lines.
c.
The water surface of any swimming pool, hot tub or spa shall not be included in the calculation of lot coverage.
d.
Fencing shall be in accordance with Section 40-33D5. Safety fencing height shall be four feet.
e.
All private swimming pools/hot tubs/spas shall only be located in a rear yard.
f.
On any corner lot or through lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on any street.
g.
Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.
h.
No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.
i.
Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of accessory structures.
j.
Any noise-generating equipment shall be located so as to minimize the impact upon adjacent properties.
k.
All associated pool and hot tub/spa equipment shall be a minimum of 10 feet from the side and rear lot lines.
4.
Tennis/Sports Courts.
a.
Only one tennis/sports court shall be permitted per single-family residence. No tennis/sports court shall be installed on any lot without a residence.
b.
Tennis/sports courts shall be a minimum of 20 feet from any property line.
c.
Fencing in the front yard shall not be located closer than the front building line or 20 feet from the front property line, whichever is greater. Maximum height shall be 10 feet. Fencing shall be coated chain link. Slats are prohibited. Fabric/netting is allowed up to a maximum height of four feet.
d.
All tennis/sports courts shall only be located in a rear yard.
e.
On any corner lot, no part of any tennis/sports court shall be constructed within the front yard area required to be provided on either street.
f.
Artificial lights used or maintained in connection with a tennis/sports court shall be so located and shielded that the illumination there from is not directed upon any adjacent property. No lighting may remain lit after 10:00 p.m.
g.
No tennis/sports court shall be used other than as an accessory use of the premises whereon it is located.
h.
Any buildings or structures erected in conjunction with a tennis/sports court shall comply with the provisions of accessory structures.
5.
Fences and Walls.
a.
All fences, walls or similar structures shall be considered accessory structures. No fences or walls shall be erected without a principal use.
b.
Fences and walls shall not be located in any required sight triangle or in a public right-of-way.
c.
All fences and walls shall be designed and constructed so as not to block the flow of surface water and to permit adequate drainage.
d.
Fences and walls topped with barbed wire, razor wire, broken glass, or similar materials, or that are electrically charged, are prohibited except barbed wire and electrically charged fence may be used on farm qualified properties.
e.
Fences and walls shall not contain signage or other displays unless otherwise permitted herein.
f.
Wire mesh (except when used on farm qualified properties and as outlined below), canvas, cloth, and other similar materials are prohibited as either a fence or wall, or as an attachment to a fence or wall. Black galvanized steel wire mesh, 12.5 gauge minimum, or black vinyl coated chain link may be permitted as an attachment to split rail fences around drainage basins or swimming pools where required for safety purposes by the Planning/Zoning Board or its professionals or the Construction Official.
g.
Freestanding walls shall be constructed of brick or decorative stone only. Retaining walls required to implement grading plans approved by the Borough/Board Engineer may be constructed of treated lumber, or synthetic, or masonry products meeting nationally recognized engineering standards for retaining wall purposes.
h.
All fences and walls shall be constructed for permanency. No temporary fences or walls are permitted except for construction fences or walls (such as when used as a soil erosion control method), but only with the prior approval of the Board. Snow fences are also permitted as a temporary fence with the approval of the Borough Engineer for the safety of, and to promote the general welfare of, the residents of the Borough.
i.
Fences in the front yard shall not exceed four feet in height (except on farm qualified properties), shall be set back at least 5 feet from the edge of the front property line.
j.
Walls in the front yard shall not exceed two feet in height and shall be set back at least 5 feet from the edge of the front property line.
k.
Fences in the front yard shall be limited to split rail, picket, or decorative metal with an open area of at least 50%.
l.
Chain link fences are not allowed in the front yard except that in neighborhoods where the prevailing lot widths are 40 feet, but no greater than 80 feet, a chain link fence is allowed in the front yard on those lots where the lot width is no greater than 80 feet. Slats are not allowed in front yard fences.
m.
Fences and walls in side and rear yards shall not exceed six feet in height (except on farm qualified properties).
n.
For corner lots or lots with multiple frontages, fences in a front yard that is not the front yard as determined by street address shall not exceed six feet in height and may be of solid construction if the fence conforms to the front yard setback requirements and is screened by landscaping. The landscape screening shall be a continuous row of evergreen trees or shrubs. The plantings shall be a minimum of four feet high at planting and have a mature height of at least six feet.
o.
For through lots abutting Heritage Boulevard and another street, six-foot-high solid fences are permitted to be set back no less than five feet and no greater than a distance of 10 feet from the Heritage Boulevard right-of-way, and shall meet all other requirements of this section. Any six foot high fence along Heritage Boulevard shall be screened by landscaping. The landscape screening shall be a continuous row of evergreen trees or shrubs. The plantings shall be a minimum of four feet high at planting and have a mature height of at least six feet.
p.
The height of any fence or wall shall be measured from the adjacent finished grade.
q.
Before a fence shall be erected, constructed, relocated, altered, rebuilt, extended or enlarged, a zoning permit shall be obtained from the Zoning Official of the Borough of Tinton Falls.
r.
The finished or right side of any fence or wall shall face the adjoining property or street.
s.
The Zoning Official may deny fence permits on corner lots if he determines that the installation of said fences will adversely affect automobile sight lines, thereby creating a danger to public safety.
t.
All fences on a parcel shall be consistent in size, texture and design and shall be compatible with the materials, scale and building arrangement of principal and accessory structures on the site.
u.
Where a retaining wall of solid masonry construction is required, the retaining wall shall be permitted, provided that the height of the wall does not exceed six inches above the grade of the land.
v.
For any retaining wall three feet in height or greater, signed and sealed structural plans, details, and calculations prepared by a professional engineer licensed in the State of New Jersey must be submitted to the Borough Construction Official for review and approval. Grading plans prepared by a professional engineer licensed in the State of New Jersey must be submitted to the Borough Engineer for review and approval.
6.
Family Day Care Homes. Family day care homes are permitted as an accessory use in all single-family residential zones and shall be licensed by the New Jersey Department of Human Services and provided it adheres to the following conditions.
a.
A family day care home operating in a detached single-family dwelling is limited to no more than five children in addition to the children of the residents of the home.
b.
The property shall meet the minimum area and dimensional requirements for the lot in this zone and provides a minimum of four off-street parking spaces and a paved driveway measuring at least 18 feet wide by 40 feet in length.
7.
Home Occupation. Home occupations are permitted as an accessory use in all single-family residential zones provided the occupant adhere to the following conditions.
a.
The home occupation shall occupy no more than 900 square feet, or the equivalent of 25% of the first floor of a residence, whichever is smaller.
b.
A maximum of one room may be used for work purposes.
c.
The activity must be conducted in the primary dwelling unit and not conducted in a garage or other accessory structure.
d.
The remainder of the dwelling unit must meet all other health, safety and related requirements for a dwelling unit.
e.
No more than one full-time or part-time employee may work at the dwelling, other than the resident(s) of the dwelling, provided there is sufficient off-street parking for the employee.
f.
No employee may be dispatched from the site.
g.
No sign shall be visible from the exterior of the dwelling.
h.
No activity shall be visible from a property line or the street.
i.
No change in the exterior of the residential appearance of the dwelling.
j.
There shall be no occupational sound, light, or other nuisance created which would be audible or visible outside the building.
k.
There will be no delivery of bulk raw materials to, or shipment of finished goods from, the site and the use does not result in on-site sales or visitations by customers or clients.
l.
If these conditions are all met, the use is considered a customary and incidental use of the home for the convenience of the resident occupant and no permit or approval shall be required.
m.
If any of the conditions are not met, the function shall not be a permitted use.
8.
Non-Registered Vehicles. No disabled or unregistered vehicles shall be stored in any district except in an enclosed building. A motor vehicle shall be deemed to be stored if it has been on the property for a time period of at least 10 days. No motor vehicle which is on blocks or any type of lifting device shall be left unattended unless housed within a garage. No motor vehicle shall be parked on any property unless it is currently registered, insured and operable and parked on a prepared surface, such as paved, graveled or stoned.
9.
Commercial Vehicle Parking. Any vehicle used for commercial purposes shall not be parked, stored or maintained on any lot in a residential zone except:
a.
No more than two motorized vehicles (maximum two vehicles) used for commercial purposes may be parked, stored or maintained on any lot in a residential zone, but only if any such vehicle (i) has a height of eight feet or less (excluding antennas and exhaust stacks), and (ii) has a length of 20 feet or less which length shall be measured as the total overall length but not including removable accessories.
(1)
Any vehicle bearing a commercial, tractor, livery, school bus or omnibus motor vehicle registration shall be presumed to be used for commercial purposes.
(2)
Notwithstanding any provision in this Chapter to the contrary, garbage trucks, tanker trucks, waste disposal vehicles, buses, tractor trailers, construction or landscaping trailers, or motorized construction vehicles/equipment are expressly prohibited from being parked, stored or maintained in any residential zone.
(3)
The owner/operator of any commercial vehicle(s) shall reside on the property on which the vehicle is parked.
b.
Vehicles parked on any such lot for making deliveries, or service vehicles providing a service to the dwelling located on any such lot are excepted from this provision for as long as the vehicle is being used to make a delivery or the operator is performing a service.
c.
Any vehicle used on a farm as defined in this Chapter is expressly exempt from this provision.
10.
Recreational Vehicles. The parking of recreational vehicles less than ten feet in height and 28 feet in length shall be confined to the rear yard on a prepared surface, not unlike a driveway, and shall be 15 feet from any property line. All other recreational vehicles shall not be parked, stored, or maintained on any lot. One vehicle as described in the definition of recreational vehicles is permitted. Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.
11.
Antennas and Satellite Dishes.
a.
Permanently installed amateur radio transmitting and receiving antennas and their associated towers, television receiving antennas, and satellite receiving dish receiving antennas are permitted in every zoning district as an accessory to a principal use on the same lot, provided:
(1)
Where practical, wires and cables running between the device and any other structure are installed underground.
(2)
There is no advertising attached to the tower or antenna.
(3)
The natural grade of the lot shall not be changed to increase the elevation of a tower.
(4)
The device shall be colored, constructed, located and screened from view to the maximum extent practicable, so as to minimize the visual impact from adjoining properties and public rights-of-way.
b.
An antenna, tower, and related devices shall be located only on a building or in a side or rear yard. It shall not be located in a front yard.
c.
An antenna, including a tower, if any, shall be set back from the side or rear lot lines a distance at least equal to the toppling distance of the device, but in no instance shall it be closer to a lot line than as follows:
d.
Plantings shall be used to minimize visual impact and shall be evergreen trees, placed two feet apart around that portion of the device which can be seen from an adjacent lot or public right-of-way. The plantings shall be such that they will screen the device without interfering with the effectiveness of the antenna.
e.
Where an antenna is mounted on a building the top of the antenna shall not exceed the height of the roof line of the building on which it is located by more than the following:
f.
The maximum height of a ground mounted dish antenna shall be 15 feet in a residential zone and 17 feet in a nonresidential zone.
g.
The maximum diameter of any dish antenna shall be 10 feet for residential uses and 12 feet for commercial or public uses.
h.
Notwithstanding the above, a dish antenna that is less than two feet in diameter may be mounted anywhere on a building and need not be screened.
i.
The height of a ground mounted antenna tower may not exceed 40 feet. An amateur radio type of antenna mounted on such a tower may extend a maximum of 15 feet above the top of the tower.
j.
Portable dish antennas (not permanently mounted on a building or permanently affixed to the ground) are prohibited in all residential zoning districts, except for demonstration purposes only, which may remain on a lot for a period not to exceed 48 hours.
12.
Parking Garages.
a.
Parking garages are permitted accessory uses to a principal use on the same property. Parking garages are not to be considered permitted principal uses and may not be located on a lot without a principal use.
b.
No more than four parking levels are permitted and shall not exceed the height of the principal structure.
c.
Parking garages shall be set back from perimeter lot lines and/or lease lines the same as required for principal buildings.
d.
Each parking garage shall have at least one pedestrian exit toward each building it serves and each parking garage having three or four levels shall have at least one covered walkway exiting either the third or fourth level of the garage into each building it serves.
13.
Accessory Retail within Larger Office and Industrial Facilities.
a.
In a single building containing at least 100,000 square feet of gross floor area.
(1)
Accessory convenience services such as, but not limited to, banking services, gift shop, newsstand, office supplies, dry cleaners, travel agent/ticket sales, and pharmacy may be permitted provided these uses are incidental and subordinate to the principal use, are for the convenience of the employees in the complex, and do not exceed the equivalent of 3% of the gross floor area of the building or 4,000 square feet, whichever is less.
(2)
These services shall be designed as an integral part of the interior of the building and shall have no separate, exterior means of access for the customers. They may be located throughout the building or in one area, but there shall be no separate structure(s) for retail purposes, including no separate shopping center.
(3)
In designing the proposed services, drive-up window services shall not be permitted.
b.
Within a complex of one or more principal structures containing more than 200,000 square feet of gross floor area.
(1)
Accessory convenience services such as, but not be limited to, a restaurant and/or cafeteria and retail/business services. All of these services shall be designed within the interior of one or more buildings as an accessory use.
(2)
Exterior access and drive-up window services are not permitted.
(3)
In a development of this size, recreation facilities shall be required such as, but not limited to, indoor exercise facilities, outdoor jogging/walking trails, and/or improved court and field games.
(4)
The primary purpose of these services is to provide a convenience to the day-time population generated by the principal permitted use(s).
(5)
The floor area devoted to the restaurant, cafeteria, and retail/business service uses shall not exceed 3% of the gross floor area of the complex, or 10,000 square feet of gross floor area, whichever is less.
14.
Sales and Display Areas within MFG, MFG2 and IOP Zones. Up to 30% of the total floor area of manufacturing, light industrial or warehousing uses may be dedicated to display areas for products manufactured, assembled or warehouses on site.
15.
Outdoor Dining Facilities.
a.
Definitions. As used in this subsection, these terms shall have the following meanings:
(1)
OUTDOOR DINING AREA – Shall mean a designated area on the premises of a retail food establishment or restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
(2)
OUTDOOR EATING AREA – Shall mean a designated area on the premises of a retail food establishment, but outside the principal building, and where patrons may sit at tables while consuming foods, soft drinks, ice cream and similar confections purchased from the retail food establishment.
(3)
SIDEWALK CAFE AREA – Shall mean a designated area of a public sidewalk where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
b.
Permit Required.
(1)
Areas in which Outdoor Dining Areas, Outdoor Eating Areas and Sidewalk Cafes are permitted as accessory uses: all zones where eating and drinking establishments are permitted.
(2)
No person shall operate an Outdoor Dining Area, Outdoor Eating Area or a Sidewalk Cafe unless a permit has been obtained from the Borough of Tinton Falls Zoning Officer.
(3)
Applicants shall apply for permit approval in accordance with the provisions of this Chapter. All such applications shall be approved by the Zoning Officer and shall be referred to the Chief of Police and the Fire Code Official, who shall provide the Zoning Officer with written reports of their opinions and recommendations regarding the application.
(4)
Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.
(5)
Applicants proposing to establish an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area must provide satisfactory proof to the Zoning Officer of the following:
(a)
The area utilized for dining must be accessory in nature to a fully enclosed permitted eating and/or drinking establishment.
(b)
All service areas shall be inside the enclosed restaurant area, or suitably screened.
(c)
Walkways with a minimum sixty inch width shall be provided to facilitate patron and employee circulation and compliance with all ADA requirements.
(d)
Outdoor dining shall be restricted to the regular hours of the business' operation.
(e)
An applicant proposing an Outdoor Dining Area, Outdoor Eating Area or Sidewalk Cafe Area shall submit to the Zoning Officer a layout of the proposed seating area, which shall include but not be limited to: a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; the location of all food preparation and service areas; location and description of all plumbing, electrical and other equipment and fixtures that will be utilized; an illustration, rendering and/or photograph of all proposed furniture, umbrellas, trash receptacles, awnings, signage and other furniture proposed.
(f)
The Zoning Officer shall require each applicant to submit a litter control plan which shall include, but not be limited to: a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. Failure to abide by an established litter control plan shall constitute a violation of the permit approval of which it was made a condition, and shall subject the applicant to a fine in an amount not less than $100 per violation.
(g)
BYOB privileges for wine and malt alcoholic beverages are allowed in Outdoor Dining Areas, Outdoor Eating Areas or Sidewalk Cafe's subject to N.J.S.A. 2C:33-7. The service of alcoholic beverages in Outdoor Dining Areas, Outdoor Eating Areas or Sidewalk Cafe's is permitted only if the operator's liquor license specifically allows for such service.
(h)
Additional seating shall be counted into the establishment's parking requirement except for those eating and drinking establishments that are located within an existing shopping center. The determination of whether a site qualifies as a shopping center will be determined by the Zoning Officer.
(i)
Applicants receiving permit approval for an Outdoor Dining Area, Outdoor Eating Area or Sidewalk Cafe shall obtain a permit each year on January 1.
(j)
Notwithstanding anything contained in this section, any Outdoor Dining Area, Outdoor Eating Area, or Sidewalk Cafe that was approved by the Planning or Zoning Board will still require an annual permit from the Zoning Officer to determine compliance with the approved plans. In addition, permit approval in accordance with this section shall also be required in the event: (1) the premises are conveyed to a new owner; (2) the use is expanded or substantially changed; or (3) the owner of the premises makes any alteration or improvement to the property that would otherwise require either major or minor site plan approval.
(k)
When located within a Borough right-of-way, Applicant shall indemnify and save harmless the Borough of Tinton Falls, its employees, agents or officers from all claims, losses, liens, expenses, suits and attorney fees (liabilities) arising from the placement, operation and maintenance of the applicant's Sidewalk Cafe/Outdoor Dining/Outdoor Eating Area. Applicant agrees to name the Borough of Tinton Falls as an additional insured under the applicant's general liability insurance (minimum required limit of $1,000,000), bodily injury, property damage and personal injury, and to maintain such insurance for such time as the Sidewalk Cafe/Outdoor Dining/Outdoor Eating Area(s) exists. Owner shall provide the Zoning Officer with the evidence of such insurance.
c.
Application - Form. All permits required by this Section shall be applied for and obtained from the Office of the Zoning Officer during normal business hours.
d.
Fees. The annual fee for each yearly permit shall be $100. The fee is non-refundable.
e.
Appeals. The Zoning Board of Adjustment shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any requirement, decision or refusal made by the Zoning Officer in the enforcement of this paragraph. Additionally, the Planning Board or Zoning Board of Adjustment, as appropriate, shall have the power to hear and grant variance(s) from the regulations and conditions of this subsection.
16.
Permanent Emergency Generators.
a.
Only one generator with a maximum output of 48 kilowatts shall be permitted per residential unit. Commercial units shall not be limited by kilowatt size.
b.
With the exception of scheduled maintenance and testing, generators shall only be operated during emergencies. An "emergency" is defined as the loss of primary power due to a power outage beyond the control of the property owner.
c.
Generators shall be permitted in the side and rear yard areas only. In addition, the generator shall not be located closer to a right-of-way line than the principal building on the lot.
d.
Generators shall be set back a minimum of five feet from the side and rear property lines. For all commercial uses that abut a residential use, generators shall meet the setback requirements of the principal building. However, in no instance shall the generator be installed greater than 20 feet from the principal structure.
e.
Generators shall be installed in accordance with the manufacturer's recommendations and all standards of the Uniform Construction Code, the National Electric Code, the National Fire Protection Association, the International Fire Code New Jersey Edition, the International Plumbing Code New Jersey Edition, and the International Residential Code New Jersey Edition.
f.
In residential zones, the footprint of the generator, including the pad, shall not exceed 20 square feet, and the height of the unit shall not exceed four feet. In commercial zones, the footprint of the generator, including the pad, shall not exceed 80 square feet, and the height of the unit, including any fuel tanks, shall not exceed eight feet.
g.
The area of the generator footprint shall not be counted as lot coverage or impervious coverage.
h.
All generators shall be appropriately screened and buffered by evergreen plantings or a fence. The plantings or fence shall be at least as tall as the generator enclosure and located to screen the view of the generator from the street and surrounding properties.
i.
The noise level of generators shall not exceed 70 decibels at any property line. Any generator less than 23 feet from the property line shall have an evergreen buffer planted directly around three sides of the generator to aid in sound reduction. The plantings shall be at least as tall as the generator enclosure. All generators shall have a weatherproof sound attenuating enclosure.
j.
Routine testing and maintenance shall not occur more than once per week and shall not exceed 30 minutes. Testing is permitted Monday through Friday between the hours of 10:00 a.m. and 5:00 p.m.
k.
A zoning permit shall be obtained from the Tinton Falls Zoning Office prior to the installation of any generator. All permit applications shall be accompanied by a property survey indicating the location of the proposed generator and setbacks to property lines and the principal building. The survey shall be no more than five years old, be drawn to scale and be prepared by a professional land surveyor licensed in the State of New Jersey.
l.
Anyone found to be in violation of these requirements shall, upon conviction, be subject to a fine not to exceed $500, and each day that such violation shall continue shall be deemed a separate offense.
17.
Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces.
a.
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
b.
EVSE and make-ready parking spaces installed pursuant to Subsection D(17)I below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection D17a above.
c.
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
d.
The Zoning Officer, Code Enforcement Officer, and/or the Construction Official shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Borough of Tinton Falls’ land use regulations.
e.
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(1)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(2)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(3)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.
f.
An application pursuant to Subsection D17e above shall be deemed complete if:
(1)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(2)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(3)
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
g.
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
h.
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
i.
Requirements for New Installation of EVSE and Make-Ready Parking Spaces:
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsecion D17i(1) above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
j.
Minimum Parking Requirements:
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 40-39.
(2)
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
(4)
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.
k.
Reasonable Standards for All New EVSE and Make-Ready Parking Spaces:
(1)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length.
(c)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(2)
EVSE Parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging of electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c)
Private Parking. The use of EVSE shall be monitored by the property owner or designee.
(3)
Safety:
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection D17k(4) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Tinton Falls’ ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection D17k(3)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Tinton Falls shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE’s geographic location, date of installation, equipment type and model, and owner contact information.
(4)
Signs:
(a)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(5)
Usage Fees:
(a)
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.