[HISTORY: Adopted by the Mayor and Council of the Borough
of South River 12-10-1981 by Ord. No. 1981-57 (Ch. 204 of the 1977
Code); amended in its entirety 12-27-2011 by Ord. No. 2011-38. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 50.
Uniform construction codes — See Ch. 129.
Fees — See Ch. 155.
Flood damage prevention — See Ch. 174.
Outdoor cafes and restaurants — See Ch. 241.
Parks and playgrounds — See Ch. 246.
Rental properties — See Ch. 262.
Subdivision and site plan review; stormwater management — See Ch. 295.
This chapter shall be known and may be cited as the "Zoning
Ordinance of the Borough of South River."
This chapter is adopted pursuant to the authority of the Municipal
Land Use Law, Chapter 291 of the Laws of New Jersey 1975, N.J.S.A.
40:55D-1 et seq.
This chapter is adopted, pursuant to the provisions of N.J.S.A.
40:55D-1 et seq., in order to establish a pattern for the use of land
predicated on the Land Use Element of the Master Plan and in furtherance
of the following related objectives:
A.
To encourage municipal action to guide and regulate orderly growth,
development and redevelopment in accordance with the Borough's Master
Plan in order to promote the public health, safety, morals, convenience
and general welfare.
B.
To provide adequate light, air and open space, convenience and safety
of access.
C.
To prevent overcrowding of land and buildings and to avoid undue
concentration of population.
D.
To establish zoning districts and to set forth regulations governing
these districts, in order to encourage the most appropriate use of
land throughout the Borough.
E.
To regulate and restrict buildings and structures to specified districts,
their type, and the nature and extent of their use.
F.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
G.
To ensure that development of this municipality does not conflict
with the development of adjacent municipalities.
H.
To conserve and enhance the value of property throughout the Borough
of South River.
I.
To facilitate the adequate provision of municipal services and the
appropriate expenditure of public funds.
J.
To promote the general welfare of the public by providing for affordable
housing within the Borough of South River.
K.
To provide a realistic opportunity to accomplish the Borough of South
River's fair share of the regional need for low- and moderate-income
housing and establish a mechanism for assuring that housing units
designated for occupancy by low- or moderate-income households remain
affordable to and occupied by such households.
L.
To protect the value, established character, and the social and economic
well-being of both private and public property.
A.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements.
B.
It is not intended by this chapter to repeal, abrogate, annul or
in any way to impair or interfere with existing provisions of other
laws or ordinances, except those specifically repealed by this chapter,
nor with any permits previously issued or which shall be issued pursuant
to law relating to the use of buildings or premises nor with any private
restrictions placed upon property by covenant, deed or other private
agreement; provided, however, that where this chapter imposes a greater
restriction upon the use of buildings or premises or upon the height
of buildings or the percentage of lot coverage or requires greater
lot area, yards or other open spaces than are imposed or required
by such ordinances, permits or private restrictions, the provisions
of this chapter shall control.
A.
Districts. For the purpose of this chapter, the Borough of South
River is hereby divided into the following zoning districts differentiated
according to use and building regulations:
R-100
|
Single-Family Residential District
| |
R-75
|
Single-Family Residential District
| |
O-P
|
Office Professional District
| |
B-1
|
Neighborhood Business District
| |
B-2
|
General Business District
| |
L-I
|
Light Industrial District
| |
E-I
|
Educational Institution District
| |
W-R
|
Waterfront Revitalization District
| |
MSR
|
Main Street Rehabilitation District
| |
CEM
|
Cemetery Conservation District
| |
PR
|
Park, Open Space, Recreation and Conservation District
|
B.
Official Zoning Map. The aforesaid zones are established by the locations
and boundaries set forth and indicated on the official Zoning Map
of the Borough of South River, hereby made and declared to be a part
of this chapter. A map entitled "Zoning Map, Borough of South River,"
prepared by Bignell Planning Consultants, Inc., indicating locations
and boundaries shall be attached to all copies of the Zoning Ordinance
for information purposes only.[1]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
C.
Amendments to Zoning Map. If, in accordance with the provisions of
this chapter and the Revised Statutes of the State of New Jersey,
changes are made in the district boundaries or other matters portrayed
in the Zoning Map by the Borough Council, such changes shall be made
promptly by the Borough Planner after the amendment has taken effect
as provided by law. For each change in the map, note shall be made
in the revision box of the date of revision. These changes are to
be endorsed upon the map on the effective date of the amendment.
D.
Rules for interpretation of district boundaries. Whenever an uncertainty
or ambiguity exists as to the true location of any boundary line of
any district (zone) shown on the map, the following rules shall apply:
(1)
Center lines. District boundary lines indicated as following or approximately
following streets, highways or other public or private ways shall
be construed to follow the center lines thereof.
(2)
Platted lines. District boundaries indicated as following or approximately
following platted lot lines shall be construed as following such lot
lines as the same appear on the Tax Maps of the Borough as revised.
(3)
Determination by Board of Adjustment. Where, due to scale, lack of
detail or illegibility of the Zoning Map, there is uncertainty, contradiction
or conflict as to the intended location of any district boundary line
as shown thereon, the determination thereof shall lie with the Board
of Adjustment after public hearing.
A.
The schedule of regulations applying to each zoning district, entitled "Schedule of Area, Yard and Building Requirements" (hereafter called the "schedule"), is hereby declared to be a part of this chapter and is attached hereto.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
B.
The schedule is intended to summarize the major regulations by zoning
district, including those applying to lot size, yards, building heights
and other regulations that may be easily summarized in tabular form.
It is not meant to provide comprehensive coverage of all requirements
and provisions of this chapter. Areas and dimensions therein are minimum
requirements unless otherwise noted.
A.
For the purpose of this chapter, unless otherwise expressly stated,
the following terms are to be used and interpreted as defined below.
The term "shall" indicates a mandatory requirement, and the term "may"
indicates a permissive action. Terms used in the present tense include
the future tense; terms in the singular number include the plural
number and vice versa, except where the natural construction of the
writing indicates otherwise; the word "lot" shall include the word
"plot"; the word "structure" shall include the word "building"; the
word "occupied" shall include the words "used," "designed," or "intended
to be occupied"; the term "such as" shall be considered as introducing
a typical or illustrative example rather than as an entire inclusive
designation of permitted or prohibited uses, activities or structures;
the term "Board" shall be the Planning Board or the Zoning Board of
Adjustment, whichever has jurisdiction in a particular application.
B.
All terms, phrases and/or terms defined in the following documents,
as amended, are adopted and included by reference in this chapter
unless specifically defined otherwise in this section:
C.
ABANDONMENT
ABUT
ACCESSORY STRUCTURE
ADMINISTRATIVE OFFICER
ADULT BOOKSTORE
ADULT ENTERTAINMENT USE
AFFORDABLE
ALTERATION
AMUSEMENT CENTER
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY/BOARD
AREA OF SPECIAL FLOOD HAZARD
ASSISTED LIVING RESIDENCE/FACILITY
ATTIC
AUTOMOTIVE GASOLINE STATION
AUTOMOTIVE REPAIR GARAGE
AUTOMOTIVE SALES
AUTOMOTIVE SALES AND SERVICES
AUTOMOTIVE SERVICE STATION
BANK
BANK, DRIVE-THROUGH
BASE FLOOD
BASEMENT
BILLBOARD SIGN
BOARDINGHOUSE
BREAKAWAY WALL
BUFFER
BUILDING
BUILDING, ACCESSORY
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING, PRINCIPAL
BULKHEAD
BUSINESS OFFICE
CABLE TELEVISION COMPANY
CAR WASH
CELLAR
CHECK CASHING ESTABLISHMENT
CHILD-CARE CENTER
CIRCULATION
CLUB, FRATERNAL
COAH
CO-LOCATION
COMMON OPEN SPACE
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
COMPLETE APPLICATION
CONCEPT PLAN
CONDITIONAL USE
CONDOMINIUM
CONGREGATE CARE FACILITY/LIVING ARRANGEMENT
CONSTRUCTION
CONVENIENCE STORE
CORNER LOT
COUNTY PLANNING BOARD
COURTYARD
CUL-DE-SAC
CURB LEVEL
DANCE HALL/DISCOTHEQUE
DAY-CARE CENTER
DAY-CARE CENTER, ADULT
DENSITY
DEVELOPER
DEVELOPMENT
DEVELOPMENTALLY DISABLED PERSON
DEVELOPMENT REGULATION
DORMITORY
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DRIVE-THROUGH USE OR ESTABLISHMENT
DRIVEWAY
DWELLING
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING, EFFICIENCY
DWELLING, MULTIFAMILY
DWELLING, SEMIDETACHED
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE
DWELLING UNIT
DWELLING UNIT DENSITY
ENVIRONMENTALLY SENSITIVE AREA
ERECT
EROSION
EXTENDED CARE FACILITY
FACADE
FAST FOOD
FAMILY DAY-CARE HOME
FENCE
FINAL APPROVAL
FINAL PLAT
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODWAY
FLOOR AREA, GROSS
FLOOR AREA RATIO
FRATERNAL ORGANIZATION
FRONTAGE
FRONT LOT LINE
GARAGE, PRIVATE
GARAGE, PUBLIC PARKING
GARDEN APARTMENT
GASOLINE STATION
GENERAL TERMS AND CONDITIONS
GO-GO BAR
GOVERNING BODY
GRADE, FINISHED
GROSS DENSITY
HOME OCCUPATION
HOMEOWNERS' ASSOCIATION
HOME PROFESSIONAL OFFICE
HOSPITAL
HOTEL/MOTEL, EXTENDED-STAY
HOTEL/MOTEL, FULL-SERVICE
HOTEL/MOTEL, LIMITED-SERVICE
IMPERVIOUS (SURFACE) COVERAGE
IMPROVABLE
INDUSTRIAL PARK
INTERESTED PARTY
INTERIOR LOT
JUICE BAR
JUNKYARD
LABORATORY
LAND
LANDSCAPED AREA
LANDSCAPING
LOCAL UTILITY
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE CALCULATION, BUILDING
LOT DEPTH
LOT FRONTAGE
LOT LINE
LOT LINE, FRONT
LOT LINE, SIDE
LOT LINE, REAR
LOT, THROUGH
LOT WIDTH
LOWEST FLOOR
MAINTENANCE GUARANTEE
MAJOR SITE PLAN
MAJOR SUBDIVISION
MANUFACTURED HOME or MOBILE HOME
MASSAGE PARLOR
MASTER PLAN
MEDICAL AND DENTAL OFFICE
MENTALLY ILL PERSON
MINI-MART, GASOLINE STATION
MINI-WAREHOUSE or SELF-SERVICE STORAGE FACILITY
MINOR SITE PLAN
MINOR SUBDIVISION
MOBILE HOME
MOTEL
MULTIFAMILY HOUSING DEVELOPMENT
MUNICIPAL AGENCY
NIGHTCLUB
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSING HOME
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN PORCH
OPEN SPACE
OWNER
PARKING SPACE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTEE
PERFORMANCE STANDARDS (STANDARDS OF PERFORMANCE)
PERMITTED USE
PERSONAL SERVICES BUSINESS
PHILANTHROPIC USE
PLACE OF WORSHIP
PLANNED DEVELOPMENT
PLAT/PLOT
PRELIMINARY APPROVAL
PRELIMINARY PLAT
PROJECTION
PRINCIPAL BUILDING
PRINCIPAL USE
PROFESSIONAL OFFICE
PROPERTY LINE
PUBLIC BUILDING
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
PUBLIC PARKS AND PLAYGROUNDS
PUBLIC UTILITY
QUASI-PUBLIC
RECREATIONAL VEHICLE
RECREATION, COMMERCIAL
RECREATION, PUBLIC
REHABILITATION
RESERVE STRIP
RESIDENTIAL CLUSTER
RESTAURANT
RESTAURANT, DRIVE-IN
RESTAURANT, DRIVE-THROUGH
RESTAURANT, FAST-FOOD
RESTAURANT, TAKE-OUT
RESUBDIVISION
RETAIL
(1)
(2)
RIGHT-OF-WAY, PUBLIC
ROOMING HOUSE
SCHOOL, PRIVATE NONPROFIT ORGANIZATION
SCHOOL, PUBLIC
SCREENING
SELF-STORAGE FACILITY
SERVICE DRIVE
SETBACK
SETBACK, FRONT
SETBACK LINE
SETBACK, REAR
SETBACK, SIDE
SEX CLUB
SHOPPING CENTER
SIGN
SIGN AREA
SIGN, BILLBOARD
SIGN, DIRECTION
SIGN, DIRECTORY
SIGN, FREESTANDING
SIGN, PROJECTING OR OVERHANGING
SIGN, REAL ESTATE
SIGN, ROOF
SIGN, TEMPORARY
SIGN, WALL
SIGN, WINDOW
SINGLE NONPROFIT HOUSEKEEPING UNIT
SITE PLAN
SKETCH PLAT
SPECIAL DISTRICT
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STORY
STORY, HALF
STREET
STREET LINE
STREET, RESIDENTIAL
STRUCTURAL ALTERATION
STRUCTURE
SUBDIVIDER
SUBDIVISION
SWIMMING POOL, PRIVATE
SWIMMING POOL, PUBLIC
TATTOO PARLOR (TATTOO PARLOR/BODY-PIERCING STUDIO)
(1)
(2)
TAVERN OR BAR
TEMPORARY STRUCTURE
TEMPORARY USE
TRACT
TRAILER HOME
TRANSCRIPT
USE
USE, ACCESSORY
USE, NONCONFORMING
USE, PERMITTED
USE, PRINCIPAL
USE, PUBLIC
USE, QUASI-PUBLIC
USE, RESIDENTIAL
VISUAL SCREENING
WIRELESS COMMUNICATIONS
WIRELESS COMMUNICATIONS ANTENNA
WIRELESS COMMUNICATIONS TOWER
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING PERMIT
Unless otherwise expressly stated, the following words and phrases
are defined as follows:
The relinquishment of property, or a cessation of the use
of property, without the intention to resume by the owner or lessee
without any intention of transferring rights to the property to another
owner or of resuming the use of the property.
To physically touch, border on, adjoin, or be directly across
from, or be separated from such a common border by a right-of-way,
alley, or easement.
See "building, accessory."
For the purposes of this chapter, the Planning Board/Zoning
Board, as the case may be, shall act as administrative officer and
shall carry out all duties assigned as such when an application has
been submitted to either Board.
An establishment having more than 25% of its stock-in-trade,
floor area, or display area used for the sale or rental of books,
magazines, publications, tapes, or films that are distinguished or
characterized by the emphasis on sexually oriented material depicting,
describing, or relating to sexual activities or anatomical genital
areas.
An establishment offering as a substantial portion of its
stock-in-trade books, magazines, publications, video- or audiotapes
or films, or computer disks, computer games, CD-ROMs and other computer-related
media of an explicitly sexual nature or anatomical genital areas or
establishment devoted to live entertainment or the showing of films
or videos of a sexually explicit nature or anatomical genital areas.
To be within financial means of low- or moderate-income households
as provided for by N.J.A.C. 5:94-7.
Any change or rearrangement in the structural parts or in
the existing facilities which alter the use of the building or an
enlargement, whether by extension of a side or by increasing in height
or by moves from one location or position to another. The addition
or expansion of dormers is to be considered an alteration. "Alteration"
shall also mean to significantly change the appearance of exterior
elements of a structure or to change the materials used.
A business establishment utilized, wholly or in part, for
the accommodation of six or more coin-operated amusement devices.
A developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to Section 25 or 27 of Chapter 291 of the Laws of New Jersey 1975
(N.J.S.A. 40:55D-34 or 40:55D-36).
The Borough of South River Planning Board or Zoning Board,
when acting pursuant to the authority of Chapter 291 of the Laws of
New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.).
The land in the floodplain within an area of the Borough
subject to a one-percent or greater chance of flooding in any given
year.
A facility licensed by the N.J. Department of Heath and Senior
Services to provide apartment-style housing and congregate dining
and to assure that assisted living services are available when needed
for four or more adult persons unrelated to the proprietor. Apartment
units offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance.
That part of a building which is immediately below and wholly
or partly within the roof framing.
See "gasoline station."
Any establishment offering major motor vehicle repair services
which require extensive or prolonged mechanical work, including body
or frame work, painting or the dismantling of engines or major components
of the vehicle. These establishments may also provide the vehicle
maintenance services performed by an automotive service station.
Any establishment selling, renting or leasing new or used
automobiles, light trucks, vans, trailers, or recreational vehicles
and where no repair or body work whatsoever is performed. Automotive
sales uses shall be defined to exclude automotive repair garages and/or
service station uses.
Any establishment selling, renting or leasing new or used
automobiles, light trucks, vans, trailers, or recreational vehicles
and where repair or body work or vehicle washing facilities are incidental
to the operation of the new or used vehicle sales.
Any establishment offering minor motor vehicle maintenance
services which do not require extensive or prolonged mechanical work.
These services encompass oil changes, lubrication, minor tune-ups,
installation of batteries, tires, wiper blades and similar equipment,
wheel balancing and steering alignment and the replacement of minor
mechanical parts.
A freestanding building, with or without a drive-up window,
for the custody, loan, or exchange of money; for the extension of
credit; and for facilitating the transmission of funds; main or branch
offices of a state or federally chartered banking institution that
is open to the public and engaged in deposit banking and that performs
closely related functions such as making loans, investments, and fiduciary
activities.
Buildings, or portion thereof, which encourage or permit
customers to conduct personal financial transactions while remaining
in their motor vehicles.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6.5 feet.
See "sign, billboard."
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement (N.J.S.A. 55:13B-3).
A wall that is part of the structural support of the building
and is intended, through its design and construction, to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
An open, unoccupied area of land in which no building, parking
area or other improvement is located, consisting of trees, shrubs,
solid fencing, earth berms, or a combination of all, so installed
as to provide both a visual and an acoustical barrier between properties
and to create an aesthetically pleasing and attractive view to mask
or obscure the use, function or structure located upon the site.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
The land covered by a building, measured from the exterior
surface of the exterior walls of the ground floor, of all principal
and accessory buildings on a lot.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs, and to the average height between the eaves and the ridge level
for gable, hip, and gambrel roofs. Chimneys, spires, water towers,
elevator penthouses, tanks and similar projections, other than signs,
shall not be included in calculating building height.
See "principal building."
A retaining wall behind which fill is placed, created along
a body of water, constructed to separate land and water and establish
a permanent shoreline.
See "professional office."
A cable television company as defined pursuant to N.J.S.A.
48:5A-3.
A commercial building or structure, or portion thereof, where
vehicles are washed or cleaned with a combination of mechanical devices,
automatic or semiautomatic application of cleaner, brushes, rinse
water, wax and heat for drying. Car washes may also contain vacuum
machines used to clean the interior of vehicles.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground with a floor-to-ceiling
height of less than 6.5 feet.
An office or other establishment used for the operation of
a check cashing business licensed pursuant to P.L. 1993, c. 383. The
term "check" shall include a check, draft, money order, negotiable
order of withdrawal or any other similar type of negotiable instrument.
Not included within this definition are automatic teller machines
and main or branch offices of a state or federally chartered banking
institution.
A private establishment enrolling six or more children and
where tuition, fees, or other forms of compensation for the care of
children is charged for providing for the care, supervision, and protection
of children, whether or not licensed or approved to operate as a child-care
center by the N.J. Division of Youth and Family Services.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits.
A nonprofit corporation, organization or association of persons
who are members thereof which owns or leases a building, or part thereof,
for use of members or guests. Said clubs or lodges shall have been
principally established for the promotion of a common objective and
shall be distinctly not considered as a semipublic use under the provisions
of this chapter. Food, meals and alcoholic beverages may be served
as an incidental function of this use, provided that adequate facilities
are present and further that all federal, state and municipal laws
are complied with.
The New Jersey Council on Affordable Housing.
The use of a tower or other structure by a person other than
the applicant for the purpose of providing wireless communications,
without resulting in an increase of the height of the tower or structure.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
See definition in MLUL; adopted herewith by reference.
See definition in MLUL; adopted herewith by reference.
An application form completed as specified by ordinance and
the rules and regulations of the Board and all accompanying documents
required by ordinance for approval of the application for development,
including, where applicable, but not limited to a site plan or subdivision
plat, provided that the Board may require such additional information
not specified by ordinance or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall be deemed incomplete when lacking
of any such additional information or any revisions in the accompanying
documents so required by the Board. An application shall be certified
as complete immediately upon the meeting of all requirements specified
by ordinance and the rules and regulations of the Board and shall
be deemed complete as of the day it is so certified by the Board for
purposes of the commencement of the time period for action by the
Board.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification and prepared for
informal review to alert applicants to problems and requirements before
the submission of a formal development application.
A use permitted in a particular zoning district only upon
showing that such a use in a specified location will comply with the
conditions and standards of the location of operation of such use
as contained in this chapter and upon the approval of the appropriate
board.
Ownership of real property, combining ownership in fee simple
of a dwelling unit and undivided ownership in common with other purchasers
of the common elements in the structure and including the land and
its appurtenances, formed under the Condominium Act.[2]
Residential housing that consists of private dwelling units
with an individual bathroom and an optional individual food preparation
area, in addition to central dining facilities, and within which congregate
housing supportive services such as meals, housekeeping, laundering,
and personal care are provided.
Any act or progress that requires a building permit and that
adds an addition into an existing building or erects a new principal
or accessory structure on a lot which is subject to the design standards
for the district in which the property is located, and including the
construction, erection, reconstruction, alteration, conversion, demolition,
removal, repair or equipping of buildings or structures.
A retail establishment generally up to 5,000 square feet
selling primarily food products, household items, newspapers and magazines,
candy, and beverages and a limited amount of freshly prepared foods
such as sandwiches and salads for off-premises consumption and which
does not include automotive service stations.
See "lot, corner."
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
An open unoccupied space bounded on at least two opposing
sides by a building wall but not a front, side or rear yard. "Courtyard"
shall apply to multifamily or high-rise buildings only.
A dead-end street with a turnaround at the end.
The grade of the curb in front of the midpoint of the lot
as established by the Municipal Engineer.
Any room, place of business or building wherein people assemble
for the main purpose of dancing to music emanating from either a live
band or entertainment group or a preinstalled audiophonic recording
system which dispenses musical renderings over a series of loudspeakers
controlled by a disc jockey or other person in charge. Admission can
be had either with or without payment of a cover fee and whether such
admission can be obtained through the presentation, use or acceptance
of a membership card or other contrivance, whether or not said membership
card or other contrivance is or may be available to the public generally
by purchase or gratuitous act.
Any facility operated for the purpose of providing care,
protection and guidance to 10 or more individuals during only part
of a twenty-four-hour day. This term includes nursery schools, preschools,
day-care centers for individuals, and other similar uses but excludes
public and private educational facilities or any facility offering
care to adults for a full twenty-four-hour period.
Any facility operated for the purpose of providing care,
protection and guidance to 10 or more adult individuals during only
part of a twenty-four-hour day.
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in use of
any building or other structure or land or extension of use of land
for which permission may be required pursuant to Chapter 291 of the
Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.).
See definition in MLUL; adopted herewith by reference.
A zoning ordinance, land subdivision and site plan ordinance,
Official Map ordinance or other municipal regulation of the use and
development of land or amendment thereto.
A building used as group living quarters for a student body
or religious order as an accessory use to a college, university, boarding
school, convent, monastery.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage, erosion and sedimentation.
An establishment that by design, physical features, service
or packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
vehicles.
A private paved or unpaved space providing vehicular access
to the property and parking spaces and which is accessory to the use
served.
Any building or portion of a building containing one or more
dwelling units which is designed to be and is substantially separate
from any other dwelling walls, whether attached or semiattached, or
from isolation or detachment of structures, all as defined herein.
A dwelling having two or more party walls in common with
another dwelling but which otherwise is designed to be and is substantially
separate from any other structures, except accessory structures.
A dwelling having no walls in common with another dwelling
and which is designed to be and is substantially separate from any
other structure or structures, except accessory structures.
A dwelling unit consisting of a single room or common space,
inclusive of bathroom and kitchen facilities.
A building which is used or designed as a residence for three
or more families or households living independent of each other except
that rooming houses, boardinghouses, hostels, lodging houses, hotels,
motels, and dormitories are specifically excluded by this definition
as multifamily structures.
A dwelling having a party wall in common with another dwelling
but which otherwise is designed to be and is substantially separate
from any other structure or structures, except accessory buildings.
A detached residential building containing one dwelling unit
only and not occupied or designed for occupancy by more than one family
or household unit and having separate rooms for living, sleeping,
cooking, and sanitary facilities, entirely surrounded by open space
on the same lot. The dwelling may have more than one kitchen.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
A building or portion of any building designed, arranged
or used for permanent living quarters for one or more persons living
as a single housekeeping unit with cooking and bathroom facilities
but not including hotels or other buildings for transient quarters.
See "density."
Areas which include but are not limited to stream corridors
and floodplains, streams, bodies of water, wetlands (as defined by
NJDEP), slopes greater than 10%, shallow depth to bedrock (less than
two feet), high acid or erodible soils (as defined by the SCS), mature
stands of trees, aquifer recharge areas, aquifer discharge areas,
unique natural features and wildlife habitats or such areas as may
be so designated by federal, state or county agencies of jurisdiction.
To build, construct, attach, alter, relocate or affix and
includes the painting of signs or displays on the exterior surface
of a building. Excavations, fill, drainage and the like shall be considered
a part of erection.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A long-term facility or a distinct part of a facility licensed
or approved as a nursing home, infirmary unit of a home for the aged,
or a governmental medical institution.
The total wall surface, including door and window areas,
of a building's face extending from grade to top of the parapet, wall,
or eaves and the entire width of the building. Each wall surface shall
be considered a separate facade.
See "restaurant."
See definition in MLUL; adopted herewith by reference.
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or any other manufactured material or combination of
materials.
The official action of the municipal agency taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of a subdivision or site
plan which is presented to the Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer, in the case of a subdivision.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Borough.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
A general and temporary condition of partial of complete
inundation of normally dry land areas from:
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than 0.2 foot.
The floor area within the perimeter of the outside walls
of the building or structure under consideration, including areas
used for human occupancy in basements and attics, without deduction
for hallways, stairs, closets, thickness of walls, columns or other
features, but excluding rooftop penthouses containing mechanical equipment.
It does not include cellars, unenclosed porches, or attics not used
for human occupancy.
See definition in MLUL;[3] adopted herewith by reference.
A group of people formally organized for a common interest,
usually cultural, religious, or entertainment, with regular meetings,
rituals, and formal written membership requirements.
The side of a lot abutting the street. For corner lots and
through lots, all sides of a lot adjacent to streets shall be considered
frontage.
The line separating the lot from a street and/or street right-of-way.
(Special definitions may apply if there is no access to a public street.)
An accessory building or part of a principal building used
only for the storage of motor vehicles as an accessory use. In a residential
zone, a garage is intended for and used for storing privately owned
motor vehicles, boats and trailers and personal belongings of the
family or families resident in the principal residential use on the
lot.
Any building which is used for commercial purposes and is
used only for the storage of motor vehicles and is available to the
general public.
A group of architecturally harmonious multifamily dwellings
in which there are no more than 2 1/2 habitable stories above
curb level.
Any establishment, including any area of land or structures
thereon, offering motor vehicle refueling services.
The conditions under which preliminary approval is granted,
including zoning plat details, improvements, off-site improvements
and design standards
Any building or place of business which offers alcoholic
beverages, beer or wine for sale and allows consumption of alcoholic
beverages, beer or wine on the premises and which also provides entertainment
wherein a male or female dances while clad in a minimal amount of
clothing, for the entertainment of patrons.
The Mayor and Council of the Borough of South River.
See definition in MLUL; adopted herewith by reference.
The total number of dwelling units existing or permitted
on a housing site divided by the total area of the tract. The result
is expressed as dwelling units per acre.
Any use conducted entirely within a dwelling and carried
on by the occupants thereof, which use is clearly incidental and secondary
to the use of the dwelling and in connection with which there are
no displays or commodities sold upon the premises, and which does
not alter the exterior of the property. Beauty shops, barbershops
and similar services shall not be included in this definition.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
An office of a member of a recognized profession providing
professional services on an appointment-only basis in his place of
residence. The issuance of a state or local license for regulation
of any gainful occupation shall not be deemed indicative of the occupation
being classified as a recognized profession under the terms of this
chapter. Recognized professions shall include only medical care for
human beings; the clergy; architecture; engineering; law; accounting;
planning; or similar professional occupations which may be so designated
by the Planning Board upon finding both of the following: that such
occupation is truly professional in character by virtue of the need
for similar training and experience as a condition for the practice
thereof and that such occupation serves clients on an appointment-only
basis as opposed to serving a walk-in-off-the-street clientele. A
home professional office shall not include the office of any person
professionally engaged in the purchase or sale of economic goods.
Dancing studios, real estate offices, convalescent homes, mortuary
establishments and trades or businesses of any kind not herein expressly
permitted shall not be deemed to be professional uses.
An institution which maintains and operates organized facilities
and services for the diagnosis, treatment or care of persons suffering
from illness, injury or deformity and/or obstetrics and in which all
diagnosis, treatment, surgery and care are performed under the direction
of persons licensed to practice medicine or osteopathy in the State
of New Jersey and which conform to the revised standards for hospital
facilities as adopted by the State of New Jersey.
A limited-stay hotel containing furnished rooms with refrigerator,
cooktops, microwave ovens, dishes, and washers and dryers on the premises
rented out to be occupied for sleeping purposes by transient guests
who have their residence elsewhere and do not use as a permanent address.
The extended-stay facility is for transients staying five or more
days, with an average of seven to 10 days, and may contain a variety
of room types, including studio and one- and two-bedroom suites.
A building containing furnished rooms without kitchen facilities
rented out to be occupied for sleeping purposes by transient guests
who have their residence elsewhere and do not use for a permanent
address. A general kitchen, dining room or meeting room may be provided
within the building or as an accessory building, Customary hotel/motel
services must be provided, such as but not limited to maid services,
the laundering of linen, telephone and secretarial or desk service
and the use and upkeep of furniture. Full-service hotels always contain
restaurants and possibly a bar or lounge with entertainment, personal
services, health club and retail stores.
A building containing furnished rooms without kitchen facilities
rented out to be occupied for sleeping purposes by transient guests
who have their residence elsewhere and do not use for a permanent
address. A general kitchen, dining room or meeting room may be provided
within the building or as an accessory building, Customary hotel/motel
services must be provided, such as but not limited to maid services,
the laundering of linen, telephone and secretarial or desk service
and the use and upkeep of furniture. A limited-service hotel does
not provide any restaurant or food service or recreational facilities.
The area which is improved and overlain by structures and/or
materials which results in the reduction and/or prevention of absorption
of water into the ground. It includes surfaces such as conventionally
surfaced streets, roofs, sidewalks, driveways, parking lots, and other
similar structures.
Land which is not prevented from having buildings, pavement
or decking constructed on it due to development restrictions intended
to protect environmental features such as wetlands, floodplains or
water bodies.
A planned, coordinated development of a tract of land developed
according to a comprehensive plan to provide two or more separate
industrial buildings. Such development is planned, designed, constructed,
and managed on an integrated and coordinated basis with special attention
given to on-site vehicular circulation, parking, utility needs, building
design and orientation, and open space.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey, and in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken pursuant to Chapter 291 of the Laws of New Jersey 1975
(N.J.S.A. 40:55D-1 et seq.) or whose rights to use, acquire or enjoy
property have been denied, violated or infringed by an action or failure
to act pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A.
40:55D-1 et seq.).
A lot bounded by a street on one side; any lot other than
a corner lot.
Any building or place of business which does not offer alcoholic
beverages, beer or wine for sale and which also provides entertainment.
An area, lot, structure, or part thereof, used primarily
for the collecting, storage, sale, buying, trading, or abandonment
of any refuse and/or discarded materials, or the collecting, auctioning,
dismantling, demolition, salvaging, cannibalizing, abandonment or
processing of structures, automobiles, or other vehicle equipment
and machinery, or parts thereof, with the deposit of domestic, commercial,
industrial or sanitary wastewater or garbage excluded. For purpose
of this chapter, the use of more than 400 square feet of the area
of any lot for the storage, keeping or abandonment of junk, scrap
metals or other scrap materials, or for the dismantling, demolition
or abandonment of automobiles not in operating conditions or other
vehicles or machinery or parts thereof, which is not accessory to
a permitted use, shall be classified as a junkyard.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
Includes improvements and fixtures on, above or below the
surface.
Areas containing trees, shrubs and ground covers, unpaved
pedestrian and recreation areas, ponds, streams or any other areas
or features which can be reasonably included, but shall not include
areas occupied by buildings or structures, paving for parking, loading
or access thereto, required buffers or areas utilized for outside
storage.
Changing, rearranging, or adding to the original vegetation
or scenery of a piece of land to produce an aesthetic effect appropriate
for the use to which the land is put. It may include reshaping the
land by moving the earth, as well as preserving the original vegetation
or adding vegetation. The term includes lawns, trees, plants, and
other natural materials, such as rock and wood chips, and decorative
features, including sculpture, patterned walks, fountains, and pools.
Any sewerage authority created pursuant to the Sewerage Authorities
Law (N.J.S.A. 40:14A-1 et seq.), and utilities authority created pursuant
to the Municipal and County Utilities Authorities Law (N.J.S.A. 40:14B-1
et seq.), or any utility authority, commission, special district or
other corporate entity not regulated by the Board of Regulatory Commissioners
under Title 48 of the New Jersey Revised Statutes that provides gas,
electricity, heat, power, water or sewer services to municipal residents
thereof.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
An area of land which is determined by the limits of the
lot lines bounding the area and shall be expressed in terms of square
feet. Any portion of a lot included in a street right-of-way shall
not be included in calculating lot area.
At the junction of and fronting on two or more intersecting
streets when the interior angle of intersection does not exceed 135°.
All lot lines that front on a street shall be considered front lot
lines. There shall be no side lot line on the side of a building fronting
on a street. The lot line or lines generally parallel to the rear
of the building shall be considered the rear lot line or lines. In
the case of a building facing toward the interior angle, rather than
solely on one street frontage of the other, there shall be no side
lot lines, and any lot lines other than those considered front lot
lines shall be considered to be rear lot lines. Corner lots shall
provide the minimum front yard setback for the respective zone for
all intersecting streets, with the exception of lots with a fifty-foot
frontage, where one of the front yard setbacks may be reduced to 15
feet. Residential corner lots on collector, major or arterial streets
shall have driveway access only to the street of lesser traffic classification.
Determined by dividing that area of a lot which is occupied
or covered by the total horizontal projected surface of all buildings,
including covered porches and accessory buildings, by the gross area
of that lot.
The shortest horizontal distance between the street line
and the nearest part of the rear lot line. The greater frontage on
a corner lot shall be its depth.
The horizontal distance between side lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width, except that on curved alignments with an outside radius
of less than 500 feet, the minimum distance between the side lot lines
measured at the street line shall not be less than 60% of the required
minimum lot width.
The boundary line of a parcel of land as shown on a certified
filed map or as defined by a filed map, or both. A lot line shall
not be considered unless legally subdivided.
Any line sharing commonality and coexistent with a street
right-of-way line. All lot lines coincident with street right-of-way
lines shall be considered front lot lines.
Any lot line other than a front or rear lot line.
Any lot line, other then a street line, which is parallel
to the front line or within 45° of being parallel to the front
lot line. A rear lot line shall also include any lot lines on an offset
to a through lot which constitutes the rear lot line of an adjacent
zoning lot. Lot lines for unusual lot configurations may be determined
by the Director of Planning.
A lot running through from one street to another along two
more or less parallel public streets or streets that do not intersect
at the boundaries of the lot.
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured at equal distance
back horizontal from the street line. The minimum lot width shall
be measured at the minimum required building setback line. Where side
lot lines are not parallel, the minimum lot width at the street line
shall be not less than 60% of the required minimum lot width. The
lesser frontage of a corner lot shall be its width.
The lowest floor of the lowest enclosed area (including basement)
of a structure.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
A development plan of one or more lots which proposes new development on five acres or more; involves planned development or any new street or extension of any off-tract improvement which is to be prorated pursuant to § 295-42, Off-tract improvements.
Any subdivision not classified as a minor subdivision. In
addition, any proposed subdivision which would otherwise qualify as
a minor subdivision shall be classified as a major subdivision if
the subdivision under consideration represents a further subdivision
of an original tract of land for which previous minor subdivision(s)
has been approved by the Board within the past three years. The original
tract of land shall be considered any tract in existence at the time
of the adoption of this chapter.
See definition in MLUL; adopted herewith by reference.
An establishment or place of business primarily engaged in
providing body massage by persons who are not licensed by the State
of New Jersey as physical therapists or other similar professions.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth and adopted pursuant
to Article III of the Municipal Land Use Law.
Any place used for the administering of medical or dental
treatment free, or any place used as an inpatient or outpatient medical
or dental treatment center wherein certain medical or dental conditions
and disorders are treated primarily through surgical intervention
that is commonly performed in normal, private medical or dental practice.
See definition in MLUL: adopted herewith by reference.
A facility located on the same lot and as an accessory to
a gasoline station, that also offers for sale prepackaged food items
and tangible consumer goods, primarily for self-service by the consumer.
Hot beverages, fountain-type beverages, and pastries may be included
in the food items offered for sale, but food items that are prepared
or individually proportioned on the premises shall be prohibited.
A building or group of buildings that have controlled access
and security within a compound containing various sizes of structures
which are compartmentalized and/or controlled access stalls and/or
locker areas for lease to or rent to individuals for storage of goods
within a building or buildings.
A development plan of one or more lots which proposes new development less than five acres, does not involve planned development or any new street or extension of any off-tract improvement which is to be prorated pursuant to this chapter, and contains the information reasonably required in order to make an informed determination as to whether the requirements of Article IV of Chapter 295 have been met.
A subdivision of land that does not involve the creation of more than three lots, a planned development, and new streets or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 295-42. Only one minor subdivision shall be permitted on one parcel of land during any twelve-month period.
See "manufactured home."
See "hotel/motel."
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
Refers to either the Municipal Planning Board or the Zoning
Board of Adjustment or the governing body when acting pursuant to
the Municipal Land Use Law, depending on which Board has the reviewing
authority. The word "agency" shall mean "municipal agency."
A commercial establishment serving alcoholic beverages for
consumption on the premises and in which dancing is permitted and
includes the term "cabaret."
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A facility licensed by the state for five or more convalescent
or aged people, which may include kitchen facilities, recreation areas
and similar necessary adjunct uses for patient care.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street right-of-way.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way.
A roofed structure supported by columns but having no side
walls which projects beyond the main walls of a building.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land.
Any person, agent, firm, corporation, or partnership that
alone, jointly or severally with the others 1) has legal or equitable
title to any premises, dwelling, or dwelling unit, with or without
accompanying actual possession thereof, or 2) has charge, care or
control of any premises, dwelling or dwelling unit, as agent of the
owner or as executor, administrator, trustee, or guardian of the estate
of the beneficial owner. The person shown on the records of the Recorder
of Deeds of the county to be the owner of a particular property shall
be presumed to be the person in control of the property.
An off-street space available for the parking of a motor
vehicle, which shall be held to the area and dimension requirements
specified in this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under Section 7.1 of Chapter 291 of the
Laws of New Jersey 1975 (N.J.S.A. 40:55D-11).
Any security which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
Standards adopted by ordinance regulating noise levels, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic materials, explosive and inflammable matters,
smoke and airborne particles, waste discharge, screening of unsightly
objects or conditions and such other similar matters as may be reasonably
required by the municipality; required by applicable federal or state
laws or municipal ordinances; required by the Borough Engineer specifically
pertaining to design and construction of all facilities in a first-class
manner.
A use by right which is specifically authorized in a particular
zoning district, subject to the restrictions applicable to the zoning
district and without the need for special administrative review.
An establishment or businesses which provide services of
a personal nature, such as hair care, nail and skin care, tanning
salons, and other similar types of services. The term "personal services
business" specifically excludes tattoo parlors, massage parlors and
check cashing establishments.
Those active services or functions exclusively devoted to
the active effort to promote human welfare, maintained or supported
by act or gift or organized nonprofit distribution of funds.
A structure owned and/or used by a religious organization
for worship, religious training, or education; may include, in addition
to the principal structure, accessory structures and/or dwelling units
for religious organization personnel located within an accessory structure
that is use primarily for religious training or educational purposes.
This definition includes the terms "church," "synagogue," "temple,"
"mosque," or other facility that is used for prayer by persons of
similar beliefs.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to this chapter
prior to final approval, after specific elements of a development
application have been agreed upon by the municipal agency and the
applicant.
The preliminary map, with supporting documentation, indicating
the proposed layout of the subdivision or site plan which is submitted
to the municipal agency.
An extension of a building which protrudes or juts out from
the vertical plane of the building not more than two feet.
A building in which is conducted the primary use of the lot
on which it is located.
The main or primary use of land or structures as distinguished
from a secondary or accessory use.
The office of a member of a recognized profession maintained
for the conduct of that profession.
A lot or parcel line that defines the limits of ownership
for a piece of property; a line of record bounding a lot that divides
one lot from another lot or from a public or private street or any
other public space.
Any building or structure or part thereof owned, leased,
or managed by any branch of government or any of its departments,
divisions, bureaus, boards, councils, authorities or other agencies.
See definition in MLUL; adopted herein.
An open space area conveyed or otherwise dedicated to the
municipality, municipal agency, Board of Education, state or county
agency or other public body for recreational or conservational uses.
A noncommercial, not-for-profit facility, designed to serve
the recreation, either active or passive, needs of the residents of
the community and made available to the public. This definition may
include public school and public institution ball fields, if they
meet the above definition.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
Private organizations and groups of a fraternal, church or
charitable nature.
Any building, structure, or vehicle designed and/or used
for living or sleeping and/or used for recreational purposes and equipped
with wheels to facilitate movement from place to place, and automobiles
when used for living or sleeping purposes and including pickup coaches
(campers), motorized homes, boats, travel trailers, and camping trailers
not meeting the specifications required for a manufactured home or
a mobile home.
Recreation facilities operated as a business and open to
the general public for a fee.
Recreation facilities operated as a nonprofit enterprise
by the Borough, other governmental entity or any nonprofit organization
and open to the general public.
The repair, renovation, alteration or reconstruction of any
building or structure; or the renovation of a previously deficient
housing unit, which is occupied by a low or moderate-income household,
to meet municipal or other applicable housing code standards as further
described in N.J.A.C. 5:94-4.2(b)3.
A privately owned strip of land of less than the lot depth
required by the Zoning Ordinance and bounded on one side by a proposed
street and on the other by the boundary of a subdivision containing
said proposed street.
An area to be developed as a single entity according to a
plan containing the residential housing units which have a common
or public open space area as an appurtenance.
An establishment regularly and primarily used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of foods for
its customers and in which no other business except such as is incidental
to such establishment is conducted, wherein the food and drink are
consumed within the principal building. Such uses shall not be interpreted
to include and are hereby defined to exclude drive-in, drive-through,
take-out, and fast-food restaurants or other similar uses.
An establishment where patrons are served food, soft drinks,
ice cream, and similar confections inclusive of refreshment stands,
commonly called "snack bars," "dairy bars," "hamburger stands" or
similar uses, where customers and patrons are served food, soft drinks,
or ice cream primarily for their immediate consumption outside the
confines of the building or structure in which the business is conducted
thereto, seats or other accommodations as provided for their patrons.
An establishment that by design, physical facilities, service,
and/or packaging procedures encourages and permits customers, being
located in a designated drive-through lane, to receive quick food
service using a window or series of windows while remaining in their
motor vehicles. This is accomplished through a limited menu of items
prepared and held for service or prepared quickly and generally served
in disposable wrapping or containers.
A restaurant which may or may not have tables but which is
essentially designed to dispense quick, ready-made food of a limited
variety. The patron obtains food directly from the dispensing counter
for consumption on or off such premises.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and pickup of food may take place from an automobile.
See definition in MLUL. Adopted herewith by reference.
[Added 1-25-2021 by Ord. No. 2021-01]
Any use or establishment, generally open to the public, primarily
engaged in the sale, resale, or rental of merchandise, or provision
of personal services, most often to individuals or households. The
term "retail" shall be broadly defined to contain all types of retail
stores serving a widely distributed clientele and shall include, but
shall not be limited to, the following: sale of any type of merchandise,
convenience stores, supermarkets, discount stores, warehouse clubs,
food stores, drug stores, liquor stores, hardware stores, bakeries,
jewelry stores, clothing stores, department stores, automotive sales,
lumber and building materials, office supplies or furniture; or provision
of personal services involving the care of a person or of his/her
property, including, but not limited to: laundry services, dry cleaning,
tailors, household item repair shops, beauty salons, barbershops,
auto washing and detailing, drive-through auto care, urgent-care facilities,
veterinary care, pet grooming salons, pet boarding, hotels/motels,
extended-stay facilities, self-storage facilities, rental of vehicles,
rental of clothing, rental of equipment, home improvement product
showrooms, museums, theaters, amusement and recreation, spas, health
clubs, gyms, personal training, dance/karate/yoga/art/music studios,
professional training schools, bank branches, real estate sales, and
sales of personal financial/insurance/investment products and services.
Retail sales shall include by definition and permit incidental
assembly, repair, service, or provision of similar services which
are generally accessory to the sale of goods, and which are necessary
to provide a finished good for sale, or to maintain personal property.
A boardinghouse wherein no personal or financial services
are provided to the residents. (N.J.S.A. 55:13B-3)
Providing regular instruction in academic and/or religious
subjects from kindergarten through Grade 12 during a normal school
year; offering a diploma, degree or certificate subject to regulations
prescribed by the State of New Jersey, Department of Education, supported
in whole or part by private funds and/or nonprofit quasi-public agencies,
administered supervised and directly affiliated with an exempted nonprofit
religious and/or cultural organization. This shall not include a commercial
or adult school or college giving special or limited instruction such
as but not limited to business, art, music, dancing or a nursery school.
Any school operated under the administrative authority of
a duly constituted state, county, regional or municipal Board of Education
providing regular instruction of subjects from kindergarten through
Grade 12 of a normal school year; offering a diploma, degree or certificate
subject to regulations prescribed by the State of New Jersey, Department
of Education, supported in whole or part by public funds.
A visual barrier made up of planted or architectural materials
for the purpose of preventing the view of an object area by the general
public.
See "mini-warehouse or self-service storage facility."
A roadway at least 22 feet in width which provides common
access to two or more uses and, where adjacent to a public right-of-way,
is separated from that right-of-way back by a planting strip at least
five feet wide.
The minimum horizontal distance between the street, rear
or side lot lines and the closest part of any building. The term "setback"
is synonymous with "required setback" and means a line beyond which
a building is not permitted to extend. When two or more lots under
one ownership are used, the exterior property lines so grouped shall
be used in determining setbacks. The front setback shall be measured
from any future right-of-way line as adopted in the Master Plan.
A setback extending across the full width of the lot between
a front lot line and the foremost point of any structure, excluding
steps.
A line established within any building lot that is parallel
to any street line or property line, on the horizontal plane, and
perpendicular to any street line or property line on the vertical
plane, between which no building or portion thereof may be erected.
Extends across the full required width of a site, the depth
of which is the minimum horizontal distance between the rear property
line and the building line, except that on a corner lot the rear yard
shall extend only to the required front setback line offset dimension
to the street line.
The minimum required horizontal distance between the required
front setback to the required rear setback.
A public or private place where persons pay either a membership
fee or an admission fee and where the activity on the premises consists,
in whole or in part, of direct sexual contact between and among the
patrons. Notwithstanding the fact that the owners or operators of
a sex club contend that the club is private, nevertheless such places
shall be deemed to be public if there is nothing about the operation
to distinguish a member from anyone else who seeks admittance to the
premises.
A group of commercial establishments planned, developed and
managed as a unit in an enclosed building or buildings and utilizing
such common facilities as customer parking areas, pedestrian walks,
truck loading and unloading space and utilities and sanitary facilities.
Any structure, or part thereof, or any device attached to
a structure which shall display or include any letter, work, model,
banner, pennant, flag, insignia, device, or representation used as,
or which is in the nature of, an announcement, direction or advertisement.
A sign includes every billboard, ground sign, wall sign, roof sign,
sign painted on the exterior surface of a building structure, illuminated
sign, projecting sign, temporary sign, awning and canopy sign, and
any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any person,
firm, or corporation when the same is placed out of doors in view
of the general public. A sign does not include the flag, pennant,
or insignia of any nation, group of nations, or of any state, city,
or political unit.
The maximum projected area of the shape which encloses the
sign, device or representation. In the case of lettering attached
to building facades, the sign area shall be the product of the maximum
vertical dimension multiplied by the maximum horizontal dimension
of all lettering and symbols which form the sign, including the empty
space between the letters and symbols.
Any notice or advertisement, pictorial or otherwise, used
as an outdoor display not related to a use on the lot, regardless
of its size or dimension.
Signs limited to directional messages such as "one way,"
"entrance," and "exit" and upon which no logo, advertisement or other
identification is placed.
A sign, other than an identification sign, listing the names,
uses, tenants, occupants, or locations of the various businesses or
activities conducted within a building or group of buildings, that
is centrally located and intended to provide on-site directions.
A sign supported by one or more upright poles, columns, or
braces placed in or on the ground and not attached to any building
or structure.
A sign attached to and perpendicular to an exterior wall
of a building which overhangs the street right-of-way.
A sign attached on a roof that projects higher than the highest
part of the building; also includes signs inscribed or painted on
a roof.
A sign, poster, handbill, circular or paper which is in any
way attached to any pole, tree, sign or other stationary object or
structure, or which is freestanding, which is intended to advertise
a specific community or civil event such as, but not limited to, fairs,
carnivals, concerts, charitable functions, garage sales or auctions
or any political campaign, candidate or event.
A sign mounted flat against and projecting less than four
inches from, or painted on the wall of, a building or structure with
the exposed face of the sign in a plane parallel to the face of the
wall. This does not include window signs.
A sign mounted flat against a glass window which does not
exceed 15% of the total window area. Temporary community-related posters
are not included in the fifteen-percent calculation.
One or more persons living together in one dwelling unit
sharing living, sleeping, cooking and sanitary facilities on a nonseasonal
and nonprofit basis. Such living arrangements must comply with the
space-related occupancy limitations set forth in the Property Maintenance
Code of the Borough,[4] including but not limited to sleeping and bathroom facilities
and minimum amount of habitable floor area per occupant.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
limited to topography, vegetation, drainage, floodplains, marshes
and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping structures and signs, lighting
and screening devices; and any other information that may be reasonably
required in order to make an informal determination pursuant to this
chapter.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the sketch plat detail requirements of this chapter.
A district established to accommodate a narrow or special
set of uses or for special purposes. The term can signify any district
beyond the conventional residential, commercial, industrial, and agricultural
districts.
Less than completely and opaquely covered human genitals,
pubic area, buttocks, female breast below a point immediately above
the top of the areola and human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; fondling
or other erotic touching of human genitals, pubic areas, buttocks
or female breasts.
The portion of a building included between the upper surface
of a floor and the upper surface of the floor or the roof next above
it. Underground space shall be considered a story when the upper surface
of the floor next above is more than six feet above the adjacent ground
elevation at any point.
That portion of a building under a gable, hip, or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more then two feet above the floor of such story. A cellar
shall also be included as a half story.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county, or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as pursuant to law or which
is shown on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of a Planning Board and
the grant to such Board the power to review plats, and includes the
land between the street lines, whether improved or unimproved, and
may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The line determining the limit of the highway rights of the
public, either existing or contemplated. "Street line" and "right-of-way
line" are synonymous.
A street, or portion thereof, which is located in a residential
zone.
Any change in or rearrangement of the supporting members
of a building or structure, such as walls, columns, beams, girders
and foundations, including any enlargement or addition to the structure,
or any change in the utility system or mechanical equipment of a structure
which significantly alters its usability, capacity or function.
A combination of materials to form a construction of occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the municipal agency or Subdivision Committee thereof
appointed by the Chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or interstate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or the recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of this chapter and are shown and designated as separate lots, tracts
or parcels on the Tax Map or atlas of the municipality. The term "subdivision"
shall also include the term "resubdivision." See "minor subdivision,"
"major subdivision."
A swimming pool located as an accessory use on the same residential
lot as the principal use it serves, is utilized only by the owner(s)
or his nonpaying guests and is not operated for profit.
A swimming pool open to the general public or open to members
only of a club or organization, whether operated for profit or not.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following:
The placing of designs, letters, figures, symbols, or other
marks upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin.
Creation of an opening in the body of a person for the purpose
of inserting jewelry or other decoration.
A place where the principal use or function is the selling
of alcoholic beverages and incident thereto may be the retail sale
or consumption of food as a permitted use, consistent with N.J.S.A.
33:1-12 et seq.
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
A designated parcel or area of land, including a lot or lots,
which is the subject of an application for development and which includes
any contiguous portions of street rights-of-way in which the developer
has property rights.
Any dwelling unit for living or sleeping purposes which is
equipped with wheels or some device used for the purpose of transporting
such unit from place to place, whether by motor vehicle or other means,
or any factory-built unit equipped with wheels used for living or
sleeping purposes, whether the same is on blocks, posts or any other
type of foundation. "Mobile home" shall be synonymous with "trailer
home."
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The specific purpose or activity for which land or buildings
are designed, arranged, or intended or for which land or buildings
are occupied or maintained.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
A use of a building or land that conforms to the provisions
of this chapter.
A use which is the major use of the lot. In any residential
zone, a dwelling on a lot shall be deemed the principal use of that
lot.
Any use of land or structure or structures thereon which
is owned and used by the federal, state, county or municipal governments.
Public use shall also include property not owned by a government entity
but which is leased or used for that purpose.
Any use which is public in nature but which is owned and
used by a private-interest group. Quasi-public uses include churches,
parish houses, parochial schools, historical sites and similar uses
but do not include clubs, lodges or similar private uses.
The use of a building or part as a dwelling unit.
Any fence, wall, tree, hedge, or shrub or a combination of
them which limits visibility or provides screening from adjacent use.
Any personal wireless service as defined in the FTA, i.e.,
FCC-licensed commercial wireless telecommunications services, including
cellular, PCS, SMR, ESMR, paging and similar services that currently
exist or that may in the future be developed. Wireless communications
does not include any amateur radio facility that is under 70 feet
in height and is owned and operated only by a federally licensed amateur
radio station operator or is used exclusively to receive transmissions,
nor does it include any parabolic satellite antennas, nor does it
include nonwireless telephone service.
Any device which is used for the transmission and reception
of electromagnetic wave frequencies for the purpose of any wireless
communications. For the purposes of this chapter, wireless communications
antennas shall not be considered to be a public utility.
A structure, often in the form of a monopole or lattice tower,
on which one or more antennas are attached, but shall not mean existing
structures such as silos, steeples, cupolas or water tanks.
An open space on the same lot with the principal building
open, unoccupied and unobstructed by buildings from the ground to
the sky except as otherwise provided by this chapter. The minimum
required yard shall be the same as required setback.
The yard extending across the entire width of the lot between
the street line and the nearest part of any building. On a corner
lot, the front setback shall be required for all street frontages.
The yard extending across the entire width of the lot between
the rear lot line and the nearest part of the principal building.
A yard extending along the side lot line from the front yard
to the rear yard and lying between the side lot line and the nearest
part of the principal building.
A document signed by the administrative officer or his/her
designee, which shall be required as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building
which acknowledges that such use, structure or building complies with
the provisions of the Development Ordinance or variance therefrom
duly authorized by the appropriate municipal agency.
A.
Applicability of district regulations to all buildings, structures
and land.
(1)
This chapter shall apply to the construction, nature and extent of
the use of all buildings and to the nature and extent of the use of
all land. Except as previously or hereinafter provided, no building,
structure or land or any part thereof shall be used or occupied and
no building or structure shall be erected, constructed, relocated,
repaired, enlarged, converted or structurally altered unless in conformity
with all of the regulations of this chapter specified for the district
in which it is located.
(2)
All regulations set by this chapter within each of the districts
shall be minimum regulations and shall apply uniformly to each class
or kind of structure or land, except as hereinafter provided.
B.
Application to municipality. Any municipally owned, operated or controlled
building, structure, facility or use, either existing or proposed,
shall be permitted in any zone, it being the intention of this section
that whatever the Borough may be authorized to do shall constitute
a function of government, and that whenever the Borough shall act,
pursuant to granted authority, it acts as government in the public
interest and not as private entrepreneur.
C.
Applicability to structures having been granted or pending approval.
Nothing contained in this chapter shall require any change in the
plans, construction, size or designated use of any structure or part
thereof for which a building permit has been heretofore issued or
for which plans are on file with the Construction Official/Department.
D.
Principal buildings.
(1)
Second dwelling prohibited. In no case shall there be permitted more
than one residential building on each subdivision lot of record, except
multifamily housing developments.
(2)
All principal buildings shall be built upon a lot with frontage on
a public street or on a private street approved by the Planning Board.
E.
Accessory buildings.
(1)
General regulations.
(a)
No accessory structure may be built upon any lot on which there
is no principal building or principal structure.
(b)
In any residential zone, no private detached garage, storage
shed, or other accessory building shall be within a required front
yard nor within a required side yard.
(c)
An accessory building may be erected within a required side
yard or rear yard of any residential zone; provided, however, that
no building shall be erected closer than five feet from the property
line.
(d)
Distance from adjacent buildings. The minimum distance of any
detached accessory structure from the adjacent main building shall
be five feet.
(e)
Distance from street line. On through lots (any lot running
from one street to another), no accessory building erected in the
rear yard shall be nearer the street line than the minimum distance
specified for a front yard setback on the street which the yard abuts.
(f)
There shall be no utilities other than electric connected to
any detached accessory building.
(g)
No usable second floor area shall be provided in any accessory
garage or building; said unusable second floor areas shall include
but not be limited to the use of dormers, basements, etc.
(h)
No subfloor or rough floor shall be permitted on the joists
of any accessory garage or building.
(i)
No accessory garage or building, erected in any lot within any
zone, shall be used for any form of residential dwelling or rooming
unit purposes.
(j)
Only one accessory building shall be permitted per residential
lot.
(k)
Nothing contained herein shall prevent the construction of a
private garage as a structural part of a main dwelling, provided that
when so constructed the garage wall shall be regarded as the walls
of the main dwelling applying the front, rear and side yard regulations
of this chapter. Any accessory structure attached to the main building
shall be considered part of the main building.
(2)
Garden/utility sheds.
(a)
In any residential district, a garden/utility shed may be erected
for the purpose of storing materials and equipment customarily associated
with a residential dwelling.
(b)
A garden/utility shed may be erected within a required side
yard or rear yard of any residential zone; provided, however, that
no storage shed shall be erected closer than three feet from any property
line.
(c)
All garden/utility sheds shall be permitted to have a maximum
height of eight feet.
(d)
All sheds shall be permitted to have a maximum permitted building
area no greater than 100 square feet.
(e)
Only one garden shed is permitted per residential dwelling unit.
(3)
Detached residential garages.
(a)
In any residential district, an accessory detached residential
garage may be erected for the purpose of storing vehicles, materials
and equipment customarily associated with a residential dwelling.
(b)
A detached residential garage may be erected within a required
side yard or rear yard of any residential zone; provided, however,
that no part of the garage shall be erected closer than five feet
from the property line.
(c)
Detached residential garages shall be permitted to have a maximum
height of 15 feet.
(d)
Detached residential garages shall be permitted to have a maximum
permitted building area no greater than 220 square feet.
F.
Lot frontage.
(1)
In the case of lots fronting on the turnaround of a cul-de-sac street
or fronting upon any other curved street, lot frontage (as distinguished
from lot width) may equal, but shall be no less than, 2/3 of the required
lot width as set forth in the bulk table and as defined herein.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
(2)
All front yards must face on a dedicated public street or on a private
street approved by the Planning Board.
(3)
Where a building lot has frontage upon a street which on the Master
Plan or Official Map of the Borough of South River is contemplated
for right-of-way widening, the required front yard area shall be measured
from such proposed future right-of-way line.
G.
Required yards.
(1)
No yard or any other open space required about or in connection with
any building or buildings for the purpose of complying with this chapter
shall be included as part of a yard or open space similarly required
for any other building.
(2)
No existing yard or existing lot shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots
created after the effective date of this chapter shall meet or exceed
the minimum requirements established herein.
(3)
Except as hereinafter specified in this subsection, every part of
a required yard shall be open to the sky, unobstructed except for
the following man-made structures:
(b)
The ordinary projection of parapets, cornices, eaves, leaders
and other ornamental features not to exceed 12 inches.
(c)
Over 20 feet above the average grade level, nothing in this
chapter shall prevent the projection of a cornice, roof/gutter overhang
over the front yard and rear yard to an extent not exceeding two feet
nor over a required side yard.
(d)
An open fire balcony, lattice-enclosed fireproof fire escape
or stairway projecting into a yard not more than four feet.
(e)
Bay windows or balconies projecting not more than three feet
into a required yard.
(f)
An aboveground oil tank, providing a side/rear setback of at
least five feet to the nearest property line.
(k)
Vision clearance on corner lots. In any district on any corner
lot, within the triangular area determined as provided in this subsection,
no wall, fence, sign or other structure shall be erected to a height
in excess of three feet above curb level and no vehicle, object or
any other obstruction of a height in excess of three feet shall be
parked or placed, and no hedge, shrub or other growth shall be maintained
at a height in excess of three feet, except that trees whose branches
are trimmed away to a height of at least 10 feet above curb level
shall be permitted. Such triangular area shall be formed by the two
intersecting street center lines and by a diagonal line connecting
points on these street center lines which are 90 feet from the intersection
of the street center lines for local roads and 200 feet for all other
roads.
H.
Site plan requirement. Except as hereafter exempted, no building permit shall be issued for any building or use or for the enlargement of any building or use unless a site plan is first submitted and approved in accordance with Chapter 295, Subdivision and Site Plan Review; Stormwater Management[3] and no certificate of occupancy shall be given unless
all construction conforms to the approved plan, except that site plan
approval shall not be required for single-family and two-family dwellings.
However, all applications for one- and two-family dwellings, while
not required to file for and receive site plan approval, shall be
submitted to the Borough Engineer for a determination as to whether
any off-site improvements are necessary or any municipal facilities
need be extended off the site. If it is determined by the Engineer
that such improvements are necessary, then no building permit shall
be issued until a plot plan and other construction details showing
such improvements as deemed necessary by the Borough Engineer are
approved by the Engineer and filed with the Zoning Officer/Construction
Official. If it is determined by the Engineer that any off-tract improvements
are necessary, then the applicant shall be required to obtain site
plan approval from the appropriate board.
I.
Fences.
(1)
A zoning permit shall be issued by the Zoning Officer for all fences,
except living fences, erected in the Borough.
(2)
No solid fence shall be erected in a required front yard area on
any lot in any residential zone in the Borough. However, on a corner
lot, such a fence may be permitted when it extends only to a building
corner, and does not encroach into a front yard any farther than the
existing front building line.
(3)
For the purposes of this chapter, a split-rail, chain-link or equivalent
fence shall not be considered solid fences, while stockade, board-on-board,
solid vinyl, chain-link with woven slats or the equivalent shall be
deemed to be solid fences.
(4)
Fences at residential properties shall not exceed six feet in height.
(5)
Fences at nonresidential properties shall not exceed six feet in
height.
(6)
The height of all fences shall be measured from grade.
(7)
Fences proposed at any new construction project shall be included
as part of the site plan proposal presented for consideration before
the appropriate approving board.
(8)
The following materials are prohibited for use as fencing materials
on any lot within the Borough:
(a)
Barbed wire.
(b)
Sharp pointed materials of any type to form the top of the fence.
(c)
Canvas, cloth or similar material.
(d)
Electrically charged fences.
(e)
Temporary fences, such as but not limited to snow fences, expandable
fences and collapsible fences, upon a lot with a dwelling or structure
on it; however, temporary fences shall be permitted to protect any
hazardous condition or excavation.
(9)
All fences shall be constructed with the face or finished side facing
adjacent properties.
(10)
Living fences shall be maintained in a neatly trimmed condition and
shall not extend into adjacent properties.
(11)
Fences shall be constructed in a manner so as not to restrict the
flow of drainage.
(12)
Fences around swimming pools shall conform with the swimming pool
subsection of this section.
(13)
No part of any fence, fence post or wall shall be erected closer
than 1/2 foot from the property line.
(14)
A fence shall be required on any retaining wall over 36 inches in
height.
J.
Driveways.
[Amended 12-11-2017 by Ord. No. 2017-33; 9-14-2020 by Ord. No. 2020-22]
(1)
Nothing contained herein shall prevent a residential dwelling from
creating and maintaining a residential driveway on a residential lot,
which is intended to serve as an accessory parking space for the principal
single-family or two-family residential dwelling located on the same
lot.
(2)
Such driveways shall be designed so as to provide off-street parking
so as to comply with the Residential Site Improvement Standards parking
requirements.
(3)
Driveways may be located in the required front yard of the site;
however, all driveways in all residential zones and for all residential
uses shall not extend to within five feet of a side property line.
(4)
Exemption for resurfacing. Any driveway which existed prior to September 1, 2020, and which is currently located within five feet of a side property line may be resurfaced, replaced, or reconstructed within its current location, footprint and dimensions without the need for a bulk variance from this subsection. This provision shall apply to lots containing a lawfully existing single- or two-family dwelling and where no other pavement expansions which would require a zoning permit are proposed on that lot. This exemption shall be available to property owners who first apply for a zoning permit for the driveway reconstruction and receive Borough inspection before any work is performed on the driveway to ensure compliance with § 350-8J.
(5)
All driveways shall be constructed of macadam, blacktop, concrete,
stone pavers, or similar material as determined by the Zoning Officer.
No stone, gravel, dirt, sand or grass driveways shall be permitted.
(6)
The maximum driveway width at any point shall be no greater than
20 feet, exclusive of any curb returns or aprons at the point of connection
of the street.
(7)
For purposes of determining impervious surface coverage, all areas
of a surface driveway shall be considered impervious, regardless of
the materials of construction. Pervious and semipervious paving blocks
constructed on top of a bed of compacted stone shall be considered
fully impervious.
(8)
Residential driveways connecting to a county road shall provide a
hammerhead or similar turnaround to prevent backing movements onto
the county right-of-way.
K.
Patios and wood decks.
(1)
In all residential zones and for all residential uses, a patio, wood
deck or any combination of the two shall only be permitted as accessory
to a principal residential dwelling.
(2)
When a patio or deck is proposed on a residential lot, the applicant
shall submit to the Construction Official a plot plan of the site
showing all property lines, buildings, the location of the patio/deck
and any surrounding walkways or other improvements. Such plot plan
shall show the dimensions and the distance to all property lines for
all existing and proposed improvements.
(3)
Patios shall be constructed of concrete, concrete or stone pavers,
brick, slate, tiles, or other similar materials as determined by the
Zoning Official.
(4)
Decks shall be constructed of natural or synthetic wood or a combination
of the two materials.
(5)
Patios and decks may be erected within a required side yard or rear
yard of any residential zone; provided, however, that no such structure
shall be erected closer than five feet to any side property line and
10 feet to any rear property line.
(6)
No part of any patio or deck shall be located in a required front
yard.
(7)
For purposes of determining impervious surface coverage, all areas
under an on-grade patio or under an above-grade deck shall be considered
impervious, regardless of the materials or methods of construction.
Pervious and semipervious paving blocks shall be considered fully
impervious.
(8)
No patio or deck shall be erected which will have an area to exceed
10% of the total area of the lot(s) upon which it is located.
L.
Swimming pools.
(1)
When a private swimming pool is proposed on a residential lot, the
applicant shall submit to the Construction/Zoning Official a plot
plan of the site showing all property lines, buildings, the location
of the pool and any surrounding walkway or other improvements. Such
plot plan shall show the dimensions and the distance to all property
lines for all existing and proposed improvements.
(2)
In all residential zones and for all residential uses, the minimum
setback from all property lines with respect to the installation of
aboveground swimming pools shall be a minimum of eight feet measured
from the edge of the water to the property line.
(3)
In all residential zones and for all residential uses, the minimum
setback from all property lines with respect to the installation of
in-ground swimming pools shall be a minimum of eight feet measured
from the edge of the water to the property line. Such pools may have
a concrete or similar walkway or coping around the perimeter of the
pool so as to provide safe movement; however, no part of any concrete
walkway shall be closer than five feet to any property line.
(4)
No part of any private swimming pool, including water surface, coping,
walkways or pool equipment, shall be located in a required front yard.
(5)
Pool maintenance equipment, filters, pumps and other equipment essential to the operation of any residential pool shall be set back a minimum of five feet from any property line. When a pool house, shed or other accessory building is proposed to contain this equipment, this building shall be subject to the accessory building requirements of Subsection E of this chapter.
(6)
For purposes of determining impervious surface coverage, the surface
area of open water shall be considered fully impervious and shall
count toward an impervious coverage calculation. All concrete walkway
and coping areas around an in-ground pool shall be considered fully
impervious and shall count toward an impervious coverage calculation.
(7)
No private swimming pool shall be constructed on any plot or lot
unless there is a residence thereon, and no property shall be subdivided
if the result will be that the said pool will be separated in ownership
from the residence property to which it was originally attached.
(8)
All swimming pools shall provide an eight-foot-deep distance from
the closest building line of the principal dwelling or accessory dwelling
located on the same lot as the pool.
M.
Corner lots.
(1)
A lot at the junction of and fronting on the corner of two or more
intersecting streets shall be classified as a corner lot and shall
provide a front yard setback on all street frontages.
(2)
On a corner lot, all lot lines generally parallel to a street line
shall be side lot lines.
(3)
When a corner lot is shaped so as to have a lot line that is not
a front lot line nor a side lot line, all other lot lines shall be
classified as rear lot lines.
(4)
The greater frontage on a corner lot shall be its depth, and the
lesser frontage shall be its width.
N.
Community residences.
(1)
Community residences, as defined by N.J.S.A. 40:55D-66.2, for the
mentally and physically handicapped, victims of domestic violence,
homeless veterans, the terminally ill, disabled persons, and all other
groups specified by the Municipal Land Use Law and their resident
staff shall be permitted in any residential zone in the Borough. Such
community residences shall meet the minimum area, yard and building
requirements set forth for single-family units in the zone in which
located, in accordance with N.J.S.A. 40:55D-66.1.
O.
Minimum amount of habitable floor area per occupant. Every new residential
building shall have a minimum of 150 square feet of habitable floor
area, exclusive of basement area, per occupant. However, if such basement
area is so constructed and finished as to be usable for habitation
and shall be intended for such use, then 50% of the basement floor
area constructed and finished as such shall be counted in computing
the total amount of habitable floor area.
P.
Multifamily dwellings. The following requirements shall apply to
multifamily (three units or greater) apartment buildings when proposed
in the R-75 District:
(1)
The project shall be developed in an area of not less than three
acres.
(2)
The development shall not exceed a gross density of 3.3 units per
acre.
(3)
The area of lot coverage by buildings, other than garages and exclusive
of public ways, shall not be greater than 25%.
(4)
No structure shall contain in excess of 2 1/2 habitable stories
above curb level.
(5)
No structure shall be built closer than 25 feet to any property line,
nor 50 feet from the center line of any public way.
(6)
Each structure shall be so designed or so located in the project
site that the distance from at least one window of every room used
for human habitation shall be not less than 60 feet from the wall
of any structure on the site, and the distance from all other windows
shall be not less than 30 feet from the wall of any structure on the
site, such distance to be measured by a line perpendicular to the
plane of the surface of said window, except that this distance may
be reduced to not less than 30 feet for one exposure where a room
is a bathroom. No separate freestanding building shall be closer than
15 feet to any other building on the site.
(7)
Adequate potable water and electricity must be available, and all
waterlines, sanitary sewers, storm sewers and electrical distribution
facilities shall be installed in accordance with the Borough's Subdivision
and Site Plan Review Ordinance.[6]
(8)
A minimum of 15% of the site shall be allocated, developed and improved
for usable recreation space or spaces, such as tot lots, tennis courts
and other similar organized activity areas as may be recommended by
the Board. No such space shall be less than 2,500 square feet in size
or less than 75 feet wide.
(9)
All areas of a garden apartment development not used for the construction
of buildings, roads, accessways, parking areas or sidewalks shall
be fully landscaped or grassed.
(10)
No parking shall be permitted on any road or accessway within
the garden apartment development.
(11)
No parking area may be placed closer to a building than 20 feet.
(12)
There shall be only one central television antenna in each building
for use of occupants therein.
(13)
No front yard shall contain service facilities for the dwellings,
such as clothes drying, storage, or the like.
(14)
The development shall exert no detrimental effect upon surrounding
areas due to poor design, inadequate parking, traffic danger or destruction
of neighborhood character.
Q.
Zero-line houses. Zero-lot-line houses wherein one side yard may
be omitted entirely and two houses built semidetached:
(1)
Two zero-lot-line houses are built at the same time with a common
party wall.
(2)
Each remaining other side yard shall have a width equal to the aggregate
prescribed for both side yards on any one lot.
(3)
If the two lots upon which the zero-lot-line houses are proposed
are under separate ownership, then application for conditional use
shall be made jointly by both parties.
(4)
All adjoining structures shall be constructed so as to be of the
same exterior architectural style and design, and no structure shall
be constructed, renovated, maintained or altered in any manner so
as to change the exterior architectural style and design of said structure
from that of the adjoining structure.
R.
Keeping of livestock. Given that the Borough is almost entirely developed and that no farmland or farming activities are present in the Borough at the adoption of this chapter, the following restrictions shall be in affect to protect the health, safety and welfare of all residents. The keeping of all livestock, farm animals, or exotic animals shall be prohibited in all districts. Prohibited animals shall include any animals kept outside a principal dwelling, within a barn or stable, in exterior cages, coops or runs, or in open pasture space. Prohibited species shall include all chickens, ducks, geese and similar waterfowl, goats, sheep, lambs, llamas, and/or similar ruminant animals, wild species including all wild cats, lions, tigers, all bear and wolf species, and all exotic animals typically found in zoos, including all pachyderms, and primates. Nothing contained herein shall prohibit any resident from keeping no more than three domestic small animals in a cage, tank, or terrarium which is no greater than five cubic feet in volume and when the container is wholly contained within a residential dwelling. Such typical permitted species shall be animals commonly available in a retail pet store such as fish, small birds, small mammals or small reptiles and similar animals weighing less than 10 pounds and as determined by the zoning officer. All animals shall be kept in accordance with the provisions of Chapter 108, Animals, of the Code of the Borough of South River and all state, local and federal laws governing such species. This section shall not apply to licensed domestic dogs and cats.
S.
On-site trailers. No shipping containers, tractor-trailer trailers,
or modular buildings not permanently affixed to the ground shall be
permitted in any zone unless use variance and site plan approval is
granted in accordance with the subdivision and site plan chapter of
this Code.[7] This section does not apply to recreation vehicles or
manufactured housing.
T.
Licensed cannabis facilities.
[Added 8-9-2021 by Ord.
No. 2021-07]
(1)
Establishment of terminology. Facilities which are licensed by the
State of New Jersey under the NJ Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act,[8] and/or its successors, operating within the scope of any
of the following uses, shall be defined as a licensed cannabis facility(ies):
(a)
Licensed growing, cultivating, or production of cannabis, including
the sale and/or ancillary transport of cannabis to other cultivators,
manufacturers, wholesalers, or off-site retailers;
(b)
Licensed manufacturing of cannabis, including purchase and resale
of finished or semi-finished cannabis, the preparation and packaging
of cannabis products, and also including the sale and/or ancillary
transport of cannabis to other manufacturers, wholesalers, or off-site
retailers;
(c)
Licensed wholesale purchase, processing, storage, packaging,
repackaging and sale of cannabis to off-site retailers;
(d)
Licensed cannabis distributors, engaged in bulk transportation
from cultivator to cultivator, or from licensed establishment to licensed
establishment.
[8]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(2)
Exclusions. The term "licensed cannabis facility" shall by definition
exclude any facility or use containing retail sales of cannabis or
cannabis-related products of any kind to consumers, customers, households,
or individual users of cannabis.
(3)
Licensure. Licensure described hereinabove shall refer to all required
licenses issued by the State of New Jersey under the NJ Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act, and/or
its successors. Any facility not possessing a valid and current license
for any activity under that Act shall not be considered a licensed
facility and shall thereby be excluded by definition from the term
"licensed cannabis facility."
(4)
License application prerequisite for development application.
(a)
A developer proposing to operate a licensed cannabis facility
may file an application for development with the Borough of South
River only after either:
(b)
When an application for development has been submitted to the
Borough of South River for a proposed licensed cannabis facility which
has a license application pending with the State of New Jersey as
described hereinabove, the Borough of South River shall condition
all development approval(s) upon obtaining said license(s). No occupancy
may occur, nor may any licensed cannabis facility begin operation,
until all required licenses for such use are obtained from the State
of New Jersey and from the Borough of South River.
(5)
Duty to maintain compliance. A licensed cannabis facility established
pursuant to this subsection shall, at all times, operate in complete
compliance with the terms and conditions of its license(s) issued
by the State of New Jersey, as well as all terms and conditions of
all municipal approvals, permits and certificates issued by the Borough
of South River.
(6)
Abandonment. If a licensed cannabis facility has been inactive or
unoccupied by the licensee for six months or more, or if the required
licenses issued by the State of New Jersey become suspended, revoked
or expired, the zoning approval for said premises shall be considered
extinguished. The Zoning Officer shall issue a notice of suspension
to the licensee and to the owner of the property. Any subsequent application
for use or occupancy of the premises as a licensed cannabis facility,
including re-occupation by the previous licensee, shall be referred
to the original board of jurisdiction for modification or extension
of the original zoning approval.
(7)
Enabling authority. The requirements of this subsection are subject
to the enabling authority of the State of New Jersey and are subject
to compliance with all statutes and/or regulations adopted by the
State of New Jersey or its instrumentalities. If any provision of
this subsection is inconsistent with the statutes and/or regulations
of the State of New Jersey, the state statutes and/or regulations
shall govern.
(9)
Development requirements. The following additional requirements shall
be in effect for all applications for development involving a licensed
cannabis facility, regardless of the zoning district in which the
facility is proposed:
(a)
Site plan review and approval shall be required for all licensed
cannabis facility(ies).
(b)
Following site plan approval, and compliance with all conditions
therein, the operator must obtain a certificate/permit of zoning compliance
from the Zoning Officer before commencement of activity on the premises.
(c)
No outdoor growing or processing shall be permitted. All activities
shall occur inside an enclosed and permanent building. No production
shall be permitted in any vehicle, shipping container, trailer, or
movable or mobile structure.
(d)
A licensed cannabis facility shall not be part of a home office
or home occupation.
(e)
The bulk, parking, landscaping, performance standards, and signage
requirements of the zoning district wherein the facility is proposed
shall remain in effect.
(f)
One loading space shall be required for each facility. All other
loading design requirements shall remain in effect.
(g)
Parking requirements for manufacturing, growing and wholesaling spaces shall be based on the standards for manufacturing uses found in § 350-27: Off-street parking requirements.
(h)
Any licensed cannabis facility used for the cultivation or production
of cannabis shall provide a fire suppression system to comply with
the standards set forth by the Borough Fire Official.
(i)
No licensed cannabis facility shall be permitted to hold on
the premises a physical reserve of cash, currency, or other monies
in an amount exceeding $5,000.
(j)
All applications for development shall require submission of
a written operations and safety plan detailing policies and procedures
for the following items:
[1]
Building, site, product and employee security. Security protocols
shall be submitted to the South River Police Department for review
with all safety and security standards established by the State of
New Jersey for the use. The South River Police Department may, at
their discretion and upon review of the proposed location, recommend
or require additional safety and security measures.
[2]
Fire/EMS response.
[3]
Disposal of faulty product or unused cannabis material.
[4]
Safety and storage details regarding any flammable materials,
chemicals or fertilizers that may be part of growing or manufacturing
process, or any other environmental hazards or materials that may
be present at the facility.
[5]
Ventilation details for the cultivation systems, including indoor/outdoor
air quality.
[6]
The building shall be equipped with a ventilation or other system
sufficient in type and capacity to prevent cannabis odors from emanating
from the interior of the premises. The ventilation system must be
approved by the Borough Health Officer and Building Department and
may be subject to periodic inspection.
[7]
Outside generators, pumps, fans and other mechanical equipment
used for any kind of power supply, cooling or ventilation shall be
enclosed and have appropriate baffles, mufflers, and/or other noise
reduction systems to mitigate mechanical noise nuisance.
[8]
All applications for development shall require submission of
a written report to demonstrate that the Borough electrical and water
supply systems have adequate conveyance capacity to supply the operation,
and detailing how wastewater from the production process will be discharged
into the appropriate municipal sewer system, in accordance with all
applicable water quality, treatment or other standards that may apply.
(Reserved)
The following regulations shall apply to all nonconforming lots,
structures and uses existing at the time of adoption of this chapter:
A.
Intent. It is the intent of this chapter to permit any nonconformities
to continue until they are removed but not to encourage their survival.
B.
Continuance of nonconforming uses. Any nonconforming use existing
at the time of the passage of this chapter may be continued upon the
lot or in the building so occupied. Except as required by the Borough
to bring the building or premises up to code, no nonconforming use
of the building or land shall be enlarged, structurally altered, extended
to occupy a greater area of structure or land, or moved in whole or
in part to any other portion of the lot occupied by such nonconforming
use, unless the use thereof is changed to a use permitted in the district
in which such building or premises is located.
C.
Continuance of nonconforming structures. A nonconforming structure,
provided that the use of same is permitted in the district, may be
enlarged, provided that said enlargement complies with all development
regulations of the district.
D.
Prohibition against the conversion of one nonconforming use to another.
Changes from one nonconforming use to another nonconforming use are
prohibited.
E.
Conversion to permitted use. Any nonconforming building or use which
has been changed to a conforming use shall not be changed back again
to a nonconforming use.
F.
Abandonment. If any nonconforming use of a building or land ceases
for any reason for 12 consecutive months or for 18 months during any
three-year period, such structure and premises in combination shall
be considered abandoned and shall not thereafter be used except in
conformance with the regulations of the district in which it is located.
G.
Restoration. Notwithstanding anything to the contrary hereinabove
set forth, nothing in this chapter shall prevent the reconstruction,
repairing, rebuilding and continued use of any nonconforming building
or structure damaged or destroyed by fire, explosion, flood, windstorm
or other act of God; provided, however, that there shall be no enlargement
of the original structure and that the work shall be initiated within
six months from the occurrence of such damage or destruction and shall
be diligently pursued to completion.
H.
Repairs and maintenance of unsafe buildings. Nothing in this section
shall be construed to prevent the strengthening or restoration to
a safe and lawful condition of any part of a building declared to
be unsafe or unlawful by the Zoning Officer/Construction Official,
Chief of the Fire Department or other duly authorized Borough official.
Such repairs and maintenance work rendered necessary by wear and tear
and required to keep it in sound condition may be made to a nonconforming
structure, provided that no structural alterations shall be made to
supporting members of the building (walls, columns, beams, girders)
except such as are required by law, and also provided that such work
does not exceed 50% of the market value of such structure at the time
the work is to be done.
I.
Adjacent nonconforming lots in single ownership. If two or more lots,
at least one of which is undeveloped, with continuous frontage are
in single ownership of record, regardless of separate deeds, at the
time of passage of this chapter, and if all or some of the lots do
not meet the lot area or lot width requirements established by this
chapter, the lands involved shall be considered to be an individual
parcel for the purpose of this chapter, and no portion of said parcel
shall be used or sold which does not meet lot area and width requirements
established by this chapter, and any action to use such land as more
than one lot shall require the granting of subdivision approval and
the required variances.
A.
Exceptions to height limitations.
(1)
The provisions of this chapter with regard to height shall not apply
to church spires, steeples, belfries, clock towers, noncommercial
radio towers, flagpoles, chimney stacks, skylights, scenery lofts,
antennas, water tanks, fire or parapet walls or roof structures for
the housing of elevators, stairways, ventilating fans, air-conditioning
equipment or similar equipment and structures, provided that such
features shall be erected only to such height as is necessary to accomplish
the purpose they are to serve.
C.
Exceptions to yard requirements.
(1)
Where a lot is situated between two lots, each of which is developed
with a main building which projects beyond the established front building
line as required by this chapter and has been so maintained since
the enactment of this chapter, the minimum front yard requirement
of such lot may be the average alignment of the front yards of said
existing buildings.
D.
Exceptions to maximize solar gain. In order to promote the conservation
of energy, variations in the front, side and rear yard and area requirements
of this chapter may be permitted, provided that the purpose of such
variations is to orient buildings so as to permit said buildings to
maximize solar gain and secure the full benefit of prevailing winds.
A.
Zone regulations.
(1)
Schedule
of Limitations. The restrictions and controls designed to regulate
the use of land, concentration of population, and traffic generation
in each zone are set forth herewith and as further supplemented by
this chapter.
B.
Purpose of zone districts. Zone districts are established in order to achieve the general purposes in § 350-3 and for the following specific purposes:
(1)
To protect buildings and property against fire, explosion, noxious
fumes, other hazards, offensive noise, vibrations, smoke, dust, odors,
heat, glare and other objectionable influences.
(2)
To promote the aesthetic compatibility of all development with the
community.
(3)
To protect residential and neighborhood commercial areas against
congestion by regulating the bulk of buildings in relation to the
land around them and to provide sufficient space in appropriate locations
for development to meet the needs and demands of the anticipated growth
in the population.
(4)
To maintain and protect existing residential neighborhoods throughout
the Borough and increase residential land usage through infill, rehabilitation
and redevelopment.
(5)
To encourage residential development which is compatible in density
with the surrounding neighborhood.
(6)
To eliminate existing nonconforming uses in residential neighborhoods
and prohibit any future obtrusive nonconforming uses from occurring.
(7)
To prevent increased deterioration and blight of existing residential
neighborhoods through a continuation of current rehabilitation programs
and the creation of innovative programs to increase home ownership
and improve affordability to low- and moderate-income households.
(8)
To protect residential and commercial areas against the intrusion
of abnormal vehicular traffic and to provide sufficient space for
off-street parking.
(9)
To protect quasi-residential uses which require a residential environment
to effectively provide essential health and welfare services to the
Borough's residents.
(10)
To promote the creation of a business-, professional- and service-oriented
commercial environment.
(11)
To encourage the tendency of commercial development to cluster
to the mutual advantage of both customers and merchants and thus promote
and establish prosperity and welfare.
(12)
To promote the creation of a pedestrian-oriented neighborhood
commercial environment which encourages maximum pedestrian activity.
(13)
To provide sufficient space in appropriate locations for attractive,
modern, landscaped industrial complexes which do not create any hazards,
nuisances or other objectionable influences, such as heavy trucking,
which would be offensive to adjoining lands that require an environment
free from these influences.
A.
Permitted principal uses. No building, structure or premises shall
be used and no building or structure shall be erected or structurally
altered except for the following uses:
B.
Permitted accessory uses and buildings: uses and buildings incidental
to the above uses, including but not limited to those specific below:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 350-25, Conditional uses, are complied with:
(1)
Licensed nursing homes, including assisted living facilities and
adult day care.
(2)
Nursery schools.
(3)
Home professional offices and home occupations.
(4)
Quasi-public clubs and organizations, and public and private, nonprofit
philanthropic, educational and charitable institutions.
(5)
Houses of worship.
D.
Bulk requirements: as specified in the schedule of regulations,[1] except as hereinafter provided:
(1)
Houses of worship and quasi-public clubs and organizations and public
and private, nonprofit philanthropic, educational and charitable institutions
shall provide:
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
E.
The maximum gross density permitted in this zone shall be four dwelling
units per acre for tracts of land greater than one acre (43,560 square
feet).
F.
Off-street parking requirements: as specified in § 350-27, Off-street parking requirements, of this chapter.
H.
Prohibited uses.
[Amended 9-23-2013 by Ord. No. 2013-15]
(1)
All
adult uses, including sex clubs, juice bars, go-go bars, pole dancing
clubs, nude clubs, adult book/novelty sales, unlicensed massage parlors
and other sexually oriented businesses as defined by N.J.S.A. 2C:33-12.2,
are prohibited in this zone.
(2)
All
uses not specifically permitted are prohibited.
A.
Permitted principal uses. No building, structure or premise shall
be used and no building or structure shall be erected or structurally
altered except for the following uses:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 350-25, Conditional uses, are complied with:
(1)
Licensed nursing homes including assisted living facilities and adult
day care.
(2)
Nursery schools.
(3)
Home professional offices and home occupations.
(4)
Quasi-public clubs and organizations, and public and private, nonprofit
philanthropic, educational and charitable institutions.
(5)
Houses of worship.
(6)
Multifamily dwellings.
D.
Bulk requirements: as specified in the schedule of regulations,[1] except as hereinafter provided:
(1)
Houses of worship and quasi-public clubs and organizations and public
and private, nonprofit philanthropic, educational and charitable institutions
shall provide:
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
E.
The maximum gross density permitted in this zone shall be 5.8 dwelling
units per acre for tracts of land greater than one acre (43,560 square
feet).
H.
Parking restrictions: same as prescribed in the R-100 Residential
District.
I.
Prohibited uses.
[Amended 9-23-2013 by Ord. No. 2013-15]
(1)
All
adult uses, including sex clubs, juice bars, go-go bars, pole dancing
clubs, nude clubs, adult book/novelty sales, unlicensed massage parlors
and other sexually oriented businesses as defined by N.J.S.A. 2C:33-12.2,
are prohibited in this zone.
(2)
All
uses not specifically permitted are prohibited.
A.
Permitted principal uses. No building, structure or premises shall
be used and no building or structure shall be erected or structurally
altered, except for the following uses:
(1)
All uses permitted in the O-P Office Professional District.
(2)
Professional offices, including the office of a physician, dentist,
minister, architect, engineer, attorney or member of a similar profession.
(3)
Banks, finance, real estate offices and insurance offices.
(4)
Retail shopping facilities where goods are sold only to the local
trade and where nothing is fabricated or manufactured, such as or
similar to the following: grocery store, bakery, delicatessen, drugstore,
packaged liquor store, garden and flower shop, apparel store, stationery
store, computer store.
(5)
Restaurants, cafes and taverns.
(6)
Personal service establishments providing a service primarily for
the surrounding neighborhood, such as or similar to the following:
beauty shops or barbershops, dry-cleaning or tailoring shops, electrical
repair establishments, printing shops and studios for instruction
in music, singing, dancing, karate or art.
(7)
Funeral homes.
(8)
Mixed-use buildings. The permitted uses listed above may be permitted
in conjunction with one another in the same building and on the same
lot, provided that nonresidential uses occupy the ground floors and
that residential uses may only occupy upper floors within a multistory
building.
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 350-25, Conditional uses, are complied with:
D.
Bulk requirements: as specified in the schedule of regulations,[1] except as hereinafter provided:
(1)
Freestanding residential uses in the B-1 District shall comply with
the bulk regulations established for the R-75 Zone.
(2)
Houses of worship and quasi-public clubs and organizations and public
and private, nonprofit philanthropic, educational and charitable institutions
shall provide:
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
E.
Off-street parking requirements: as specified in § 350-27, Off-street parking requirements, of this chapter.
(1)
Notwithstanding any restrictions above, commercial enterprises may
park marked fleet vehicles that are an integral part of their business
or industrial use on their private property but not on the street.
A.
Permitted principal uses. No building, structure or premises shall
be used and no building or structure shall be erected or structurally
altered except for the following uses:
(1)
Uses permitted in the O-P and B-1 Districts.
(2)
Retail stores serving a widely distributed clientele, including automobile
sales and lumber and building material suppliers.
(3)
Recreational and amusement facilities operated for private profit,
including bowling alleys, skating rinks and similar indoor theaters.
(4)
Personal services and service agencies serving a widely distributed
clientele, motels, hotels, small animal hospitals, diners and nightclubs.
B.
Permitted accessory uses and buildings: uses and buildings incidental
to the above uses, including but not limited to maintenance and storage
buildings.
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 350-25, Conditional uses, are complied with:
D.
Bulk requirements: as specified in the schedule of regulations,[1] except as hereinafter provided:
(1)
Freestanding residential uses in the B-1 District shall comply with
the bulk regulations established for the R-75 District.
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
A.
Permitted principal uses. No building, structure or premises shall
be used and no building or structure shall be erected or structurally
altered except for the following uses:
B.
Permitted accessory uses and buildings: uses and buildings incidental
to the above uses, including but not limited to those specified below:
C.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 350-25, Conditional uses, are complied with:
(1)
Licensed nursing homes, including assisted living facilities and
adult day care.
(2)
Nursery schools.
(3)
Home professional offices and home occupations.
(4)
Quasi-public clubs and organizations; public and private nonprofit
philanthropic, educational and charitable institutions.
(5)
Houses of worship.
D.
Bulk requirements: as specified in the schedule of regulations.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
A.
Permitted principal uses. No building, structure or premises shall
be used and no building or structure shall be erected or structurally
altered except for the following uses:
(1)
Uses permitted in the B-1 Commercial District, excluding all residential,
fraternal, quasi-public uses, houses of worship and nursing homes.
(2)
Research institutions and laboratories for scientific or industrial
research or testing, including experimentation and product development,
provided that no such operation shall be conducted or equipment used
which would create hazardous, noxious or offensive conditions beyond
the boundaries of the site.
(3)
Utility and service activities of an industrial character, such as
repair and maintenance yards, storage facilities, depots and stations.
(4)
Activities of a general industrial nature, such as light manufacturing,
fabrication, textiles, processing or assembling of goods, that will
not result in any nuisance or hazard beyond the limits of the lot
occupied by such activity.
(5)
Warehousing and storage buildings, except for bulk storage and hazardous
materials.
(6)
Auto sales, service garages, body shops, auto inventory storage,
commercial parking lots.
C.
Conditional uses. The following conditional uses may be permitted, provided that the applicant can demonstrate that the business will not create any conditions that are toxic, corrosive, noxious, hazardous, injurious or offensive by reason of the emission of odor, dust, refuse matter, garbage, smoke, gas fumes, vapor or noise that is dangerous to the comfort, peace, enjoyment, health or safety of the community and also fully comply with Subsection K of this section, Additional industrial activity and material storage requirements, which shall also be conditional use criteria:
(1)
Gasoline service stations, repair garages, and body shops, provided that all of the terms and conditions specified for the particular use in § 350-25, Conditional uses, are also complied with.
(2)
Bulk assembly and fabrication of iron, steel and metal products,
metal processing, including metal treatment and processing, such as
enameling, galvanizing and electroplating, reduction, smelting and
refining of precious or rare metals, and the casting of lightweight
nonferrous metals.
(3)
Manufacture of stone, clay, ceramic, macadam or cement products.
(4)
Chemicals product manufacturing not involving noxious odors or danger
from fire.
(5)
Bulk processing of wood and lumber.
D.
Prohibited uses.
[Amended 9-23-2013 by Ord. No. 2013-15]
(1)
No building or premises shall be used for any heavy industry, mining
trade, or any business or purpose of any kind that is toxic, corrosive,
noxious, hazardous, injurious or offensive by reason of the emission
of odor, dust, refuse matter, garbage, smoke, gas fumes, vapor, or
noise that is dangerous to the comfort, peace, enjoyment, health or
safety of the community.
(2)
Residential uses and all other uses permitted in any residential
zone in the Borough.
(3)
Sex clubs and unlicensed massage parlors are prohibited.
(4)
No building used as a juice bar, go-go bar or pole dancing club shall
be erected or structurally altered within 200 feet of any residential
dwelling in the Borough. Nothing contained herein shall reduce the
distance requirements set forth in N.J.S.A. 2C:34-7 with respect to
"sexually oriented businesses" as described in N.J.S.A. 2C:33-12.2.
(5)
All uses not specifically permitted are prohibited.
E.
Bulk requirements: as specified in the schedule of regulations.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
F.
Off-street parking requirements: as specified in § 350-27, Off-street parking requirements, of this chapter.
(1)
Notwithstanding any restrictions herein above contained, commercial
or industrial enterprises may park marked fleet vehicles that are
an integral part of their business or industrial use on their private
property but not on the street.
H.
Buffer requirement. Where any lot in this zone abuts a zone line
of any other district other than the L-I District, a landscape buffer
area shall be established. Such buffer shall be located on the lot(s)
in this zone and shall be no less than 50 feet deep and shall consist
of an undulating earthen berm, average eight feet in height, which
shall be planted upon with a dense mixture of shade and evergreen
trees for the purpose of establishing a physical separation of the
sound and visual impacts of industrial uses. Fencing, walls, and other
screening methods may be incorporated into the buffer area. Where
the property line in this zone abuts the R-75 or R-100 Residential
Districts, the buffer shall be increased to 100 feet in depth.
J.
Requirements for the storage of materials. All materials and equipment
not stored within the main buildings shall be stored in completely
enclosed buildings or otherwise shall be screened by walls, fences
or landscaping to screen such materials and equipment from outside
the boundaries of the lot.
K.
Additional industrial activity and material storage requirements.
All uses involving the storage or handling of flammable or explosive
materials or hazardous chemical substances shall comply with the following
additional standards:
(1)
All activities involving flammable or explosive material and/or storage
of same shall, at a minimum, comply with the most stringent standards
and regulations set forth in the most current editions of the BOCA
Basic Building Code and the BOCA Fire Prevention Code.
(2)
All utilitarian, material storage or exposed equipment areas of the
site shall be fully screened from view with a solid fence, no less
than six feet in height.
(3)
The applicant shall furnish to the reviewing board, Health Department
and Environmental Commission information identifying all chemicals
and substances to be used and stored on site, as well as all pollutants
to be generated and all wetlands, watercourses and/or floodplains
on the site and the impact of the facility on such.
(4)
The applicant shall furnish the above-named municipal agencies with
copies of all applications and permits presently on file or which
are proposed to be filed with state and federal agencies with respect
to discharges into air or water. These applications and permits shall
disclose quantities, chemical nature and physical characteristics
of discharge, such as but not limited to temperature and velocity.
(5)
Uses with accessory outdoor storage areas, such as building materials,
equipment or outdoor storage tanks or vessels, shall be provided in
such a manner so as to ensure that there will be no infiltration into
or contamination of the Borough water resources, including the Farrington
Sands, Old Bridge Sands and surface water sources. The contact of
hazardous chemical substances and salts with rainfall water, overland
water flow and/or storm runoff shall be prevented by adequate cover
and containment mechanisms, including but not limited to sheds, impervious
membranes or ground cover and berms.
(6)
All outdoor aboveground facilities for the storage of any hazardous
chemical substance shall be located at a minimum distance of 500 feet
from any residential development or residential zone and 100 feet
from a public right-of-way. 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. All outdoor
storage of toxic chemicals is prohibited and shall not occur in areas
identified as groundwater recharge areas.
(7)
The applicant shall provide the municipal agencies with a spill prevention
and containment control plan setting forth the manner in which spillage
of materials will be prevented and measures to be taken on the event
of a spill.
(8)
If the appropriate board determines the need to have a technical expert review an application which proposes to use or store hazardous chemicals or toxic substances or to determine if said chemicals are hazardous substances or toxic, the applicant shall deposit, in addition to the fees set forth in § 155-25 in the Fees chapter, sufficient money as may be determined by the appropriate board for the payment of review fees for a technical expert. A technical expert is a licensed professional person with a specific knowledge of the proposed use of the applicant, which knowledge is not within the expertise of the Borough Planner and/or Borough Engineer. The deposit for the technical review fee need not be paid until the Planning Board shall first determine the need to hear a technical expert and the amount of deposit to be required. To the end that there should be any amount unexpended for technical review of any application, the unexpended balance shall be refunded to the applicant, and should the fee deposited be insufficient to satisfy the expense of the technical review, the applicant shall be required to deposit such additional funds as may be necessary in order to satisfy such expense within 10 days of being notified of the amount of additional funds required.
(9)
For the purposes of this section, a hazardous chemical substance
shall be defined as any radioactive material or single substance or
mixture containing a substance described in the most recent edition
of the New Jersey Department of Environmental Protection, Hazardous
Waste Management Regulations, New Jersey Administrative Code Title
7, Subchapter F, Chapter 26, Subchapter 6.[2]
[2]
Editor's Note: So in original.
(10)
All tank car and tank truck loading, unloading or storage areas
employed in the transfer or storage of hazardous substances shall
be designed such that a spill will be prevented from entering any
groundwater, other than a drain which leads to an approved industrial
waste, water treatment plant or other facility which will effectively
contain the spilled hazardous substance. Satisfactory provisions for
neutralizing leakage or spills of hazardous chemicals or corrosive
liquids shall be provided. All vehicles and rail cars carrying hazardous
chemicals or explosive materials as defined under this section shall
stand or be parked only in a secure area where they are under the
care, custody and control of an owner or operator, who shall provide
a qualified person to ensure that movement of any vehicle or rail
car complies with this chapter. No transfer or storage of incompatible
toxic hazardous substances shall occur without applicable state and
federal requirements of proper labeling and storage having been met.
(11)
Diking requirements. All chemical handling and storage areas
and all aboveground areas for the storage of bulk oil or gasoline
shall be diked in a manner acceptable to the Borough Engineer in order
to prevent pollution due to spillage of such materials. Any diking
recommended by the Department of Environmental Protection shall also
be required.
A.
Intent and purpose. The intent of the Waterfront Revitalization District
shall be to comprehensively revitalize the South River waterfront.
This aims to encourage economic development and inject into all properties
in the district opportunities for development, growth and prosperity.
This chapter intends to promote retail, commercial and pedestrian
activity to create a vibrant mixed-use area.
B.
Revitalization District goals.
(1)
To create an attractive mixed-use district along the South River
waterfront to attract economic activity to the area.
(2)
To create linkages to/from existing public parks and open space to
each other and the river.
(3)
To create a highly visual public accessway leading to or along the
waterfront and to create opportunities to develop a landmark waterfront-public
space for the Borough.
(4)
Provision for three-story development for property owners/developers
in the district to encourage development.
(5)
To provide a coordinated parking program intended for nonresidential
uses.
(6)
To discourage residential uses from this area so as to secure them
from fire, flood, panic and other man-made or natural disasters.
(7)
To create a long-term land use policy for the district which recognizes
the history of flooding problems in this area, and aims to protect
the health, safety and welfare of the citizens of the Borough during
periods of mandatory flood evacuation of this area.
(8)
To encourage large-scale (five acres or more) development of the
area.
C.
District location. The location of the Main Street Revitalization
Zone shall be indicated on the Zoning Map of the Borough of South
River, based on the recommendations found in the 2011 Master Plan,
and shall include all parcels of lands contained therein.
D.
Permitted principal uses.
(1)
All uses permitted in the B-1 Neighborhood Business Zone, except
detached single-family residential dwellings.
(2)
All office and personal service uses permitted in the O-P Office
Professional Zone.
(3)
Mixed-use retail shopping centers, outlet malls, shopping villages
and office parks.
(4)
Active recreation uses, including marinas, boat clubs, and other
commercial waterfront recreation.
(5)
Art/artisan galleries, museums, art studios, health and fitness centers,
day spas, licensed physical therapists and licensed massage and acupuncturists.
(6)
Restaurants, cafes, excluding drive-in and drive-through restaurants.
E.
Accessory uses: uses and buildings incidental to the above uses,
including any use on the same lot with and customarily incidental
to any use permitted in this district.
F.
Conditional uses.
(1)
Taverns and nightclubs shall be conditional uses and shall be subject
to site plan review and approval from the appropriate board.
G.
Prohibited uses.
(1)
Adult uses of any kind, including strip clubs, juice bars, go-go
bars, pole dancing, nude clubs, adult book/novelty sales, and unlicensed
massage parlors.
(2)
Boardinghouses or rooming houses.
(3)
Drive-through or drive-in uses.
(4)
Gasoline stations, automobile sales, service and repair garages.
(5)
All uses not specifically permitted are prohibited.
(6)
Single-family residential dwellings. Due to the danger to human life
and the interest of securing life and property from damage due to
flooding, single-family residential dwellings shall not be a permitted
use in this zone. However, any single-family home damaged by flooding
or flood-related natural disaster shall be permitted to be reconstructed
as long as the damage to the building does not exceed 50% of the pre-disaster
condition of the building. Such determination shall be made by the
Zoning Officer/Construction Official. This subsection is enacted in
accordance with Chapter 291, N.J.S.A. 40:55D-65(e).
H.
Bulk requirements. The bulk standards of the L-I Light Industrial
District shall apply:
(1)
Minimum lot area shall be 20,000 square feet.
(2)
Minimum lot width shall be 100 feet. Minimum lot depth shall be 100
feet.
(3)
Front setback shall be 25 feet.
(4)
Minimum one side yard shall be 10 feet. Both side yards shall be
a minimum of 25 feet.
(5)
The rear yard setback shall be 20 feet.
(6)
Maximum building height: three stories or 40 feet, whichever is the
lesser.
(7)
The maximum percentage of building coverage shall be 40%. The maximum
percentage of impervious coverage shall be 70%.
(8)
All accessory building shall have a minimum side and rear setback
of five feet.
I.
Waterfront access requirement. Public access along/to the waterfront
shall be provided to the public via a walkway/pathway.
J.
Mixed-use requirements.
(1)
All retail uses shall be located in ground floor locations in all
buildings in this zone. Retail uses may be extended to the second
floor and then the third floor space above an existing ground floor
retail space when interior stairways or elevators are provided to
connect the spaces.
(2)
All office and personal service uses shall be located on the ground
floor, second floor or third floor, provided that no office or personal
service use shall be located over a residential use.
K.
Parking requirements.
(1)
Unless hereinafter specified, all parking design requirements of
this chapter shall apply.
(2)
To encourage a scale of development appropriate for this area, mixed-use
on parcels of two acres or more may propose a shared parking arrangement
for a particular development site. Such a proposal should be submitted
in the form of a parking study.
L.
Loading requirements. Loading shall be subject to § 350-27, Off-street parking requirements, of this chapter.
M.
Landscaping requirements. Landscaping in this zone shall be subject to § 350-28, Landscaping and buffering, of this chapter.
O.
Architectural design standards.
(1)
All buildings in this zone shall be required to submit color elevations
or photo simulations, showing the appearance, colors, materials and
textures of all proposed development, to the appropriate board.
P.
Public and quasi-public improvements.
(1)
Public plaza. The 2011 Master Plan envisions a public plaza at a
highly visible location creating an "entranceway" into the Waterfront
Revitalization District. To accomplish this, any developer may, as
a part of any development application, propose the creation of this
plaza as a public or quasi-public space. Such a plaza may contain
civic monuments, pedestrian areas, transportation links, and public
art. It should be barrier free, extensively landscaped and situated
to attract pedestrians into abutting activity spaces.
(2)
Outdoor dining. Outdoor dining in this district is contemplated for
areas facing quasi-public areas and the water, although outdoor dining
is permitted in all locations subject to the following:
(a)
Tables, chairs, umbrellas, small private trash containers, and
planters are all permitted.
(b)
All furniture should be made of painted metal, painted wood,
stained wood, or some combination of these materials. The character
of all furniture should complement the design of the building and
the business that it adjoins.
(c)
The size of the table and chair groupings is limited to that
which will maintain a clear walking path of four feet zero inches
on the sidewalk, right-of-way, or walkway, sufficient width to permit
pedestrians to pass.
(d)
Overhead elements, such as umbrellas, in quasi-public spaces
should allow for clearance for passing pedestrians.
(e)
Outdoor dining uses shall comply with all other dining provisions
in this chapter.
A.
Intent and purpose. The intent of the Main Street Rehabilitation
District shall be to encourage economic development and revitalization
and inject into all properties in the district opportunities for growth
and prosperity in conjunction with aesthetic improvements. This chapter
intends to encourage building rehabilitation and promote pedestrian
traffic to create a vibrant mixed-use neighborhood.
B.
Rehabilitation District goals.
(1)
To create an attractive mixed-use district along Main Street/Ferry
Street with an appropriate tempo and scale of buildings for a downtown
setting.
(2)
To improve the aesthetics of the Main Street/Ferry Street district
with streetscape improvements, including street trees, sidewalk improvements
and streetlighting to create a sense of place.
(3)
To recognize the role this area plays and its importance to the character
of the South River community.
(4)
To create opportunities to create a landmark public space for the
Borough.
(5)
Creation of a visual terminus point at key locations through the
use of building massing and visual corner elements.
(6)
Provision of new retail or other nonresidential space along Main
Street wrapping around corners of other collector streets.
(7)
Provision for a "density bonus" or "floor area bonus" for property
owners/developers in the zone to encourage development.
(8)
To provide a coordinated parking program intended to meet residential
need and to encourage nonresidential uses.
(9)
To eliminate buildings in poor repair and inappropriate land uses
and to encourage development at a pedestrian-friendly scale and with
linkages to public transit.
C.
District location. The location of the Main Street Revitalization
Zone shall be indicated on the Zoning Map of the Borough of South
River, based on the recommendations found in the 2011 Master Plan,
and shall include all parcels and public lands contained therein.
D.
Permitted principal uses.
(1)
All uses permitted in the B-1 Neighborhood Business Zone.
(2)
Residential apartments (on upper floors only).
(3)
All office and personal service uses permitted in the O-P Office
Professional Zone.
(4)
Art/artisan galleries, museums, art studios, health and fitness centers,
day spas, licensed physical therapists and licensed massage and acupuncturists.
(5)
Restaurants, cafes, excluding drive-in and drive-through restaurants.
(a)
Restaurants and eating establishments shall be permitted to
have entertainment in the form of various acts, including musicians,
comedians, magicians, diverse musical groups.
(b)
Restaurants in this zone are permitted and encouraged to provide
outdoor eating areas with tables and chairs, provided that all eating
areas on the front facade of a building shall be of temporary nature
and shall not block pedestrian circulation on any Borough sidewalk.
Clear, straight and unobstructed passage for pedestrians of at least
five feet in width shall be maintained at all times.
[Amended 7-17-2017 by Ord. No. 2017-13]
E.
Accessory uses: uses and buildings incidental to the above uses,
including any use on the same lot with and customarily incidental
to any use permitted in this district.
F.
Conditional uses.
(1)
Recreational facilities, video arcades, entertainment facilities
including bowling alleys, skating rinks, indoor theaters, taverns,
nightclubs shall all be conditional uses and shall be subject to site
plan review and approval from the appropriate board.
G.
Prohibited uses.
(1)
Adult uses of any kind, including strip clubs, juice bars, go-go
bars, pole dancing, nude clubs, adult book/novelty sales, and unlicensed
massage parlors.
(2)
Boardinghouses or rooming houses.
(3)
Freestanding residential uses.
(4)
Drive-through or drive-in uses.
(5)
Gasoline stations, automobile sales, service and repair garages.
(6)
Houses of worship.
(7)
All uses not specifically permitted are prohibited.
H.
Bulk requirements.
(1)
Minimum lot area shall be 2,500 square feet.
(2)
Minimum lot width shall be 25 feet. Minimum lot depth shall be 100
feet.
(3)
All buildings having a frontage on Main Street and Ferry Street shall
be located so as to provide a zero-feet setback to those streets,
with a tolerance of five feet. In the case of infill development,
new buildings shall be aligned with the average front alignment of
the surrounding buildings. In no case shall any building have a front
setback to Main Street or Ferry Street greater than five feet.
(4)
All buildings fronting on all streets other than Main Street and
Ferry Street shall provide a front setback of 10 feet to those streets.
In the case of infill development, new buildings shall be aligned
with the average front alignment of the surrounding buildings.
(5)
The side yard setback shall be zero feet, provided that the lot line
does not abut a residential district, in which case the minimum requirement
will be 15 feet.
(6)
The rear yard setback shall be 20 feet.
(7)
When due to building orientation, lot configuration or other conditions
that preclude entry into the rear of the property for parking area
access, loading, refuse collection, emergency access, or similar purpose,
a paved alleyway no greater than 15 feet shall be permitted alongside
or within the frontage of the building. Where a building shall contain
more than one story, additional stories may be constructed above said
alleyway pursuant to all applicable building codes with the aforementioned
side yard requirements.
(8)
All buildings shall be two-and-a-half-story or three-story buildings
with a maximum building height of 40 feet.
(9)
The maximum percentage of building coverage shall be 70%. The maximum
percentage of impervious coverage shall be 95%.
I.
Mixed-use requirements.
(1)
All retail uses shall be located in all ground floor locations in
all buildings in this zone. Retail uses may be extended to the second
floor and then the third floor space above an existing ground floor
retail space when interior stairways or elevators are provided to
connect the spaces.
(2)
All office and personal service uses shall be located on the ground
floor, second floor or third floor, provided that no office or personal
service use shall be located over a residential use.
(3)
All buildings may provide residential uses on any floor except the
ground floor or the basement floor. No more than 67% of the total
floor area of any building shall be dedicated to residential use.
(4)
Regardless of the gross floor area of any building, the maximum floor
area of each and any separate and individual permitted use shall be
no greater than 2,500 square feet. Each single space greater than
2,500 square feet shall require relief from the appropriate board.
J.
Requirements for buildings.
(1)
Maximum building footprint shall be 10,000 square feet.
(2)
No building shall exceed a building width of 200 feet along a single
street frontage unless broken up by a plaza or courtyard.
(3)
Buildings should be placed to frame street corners.
(4)
To be compatible with a pedestrian scale, each ground level individual
business shall provide a functioning, direct primary street entry.
A shared entry is permitted for access to upper-level units and shall
provide a glazed commercial doorway and an entrance lobby area.
(5)
All buildings shall have a base, middle and top, with the base differentiated
with different materials from the upper floors. The top portions of
all flat-roof buildings should provide parapets or deep cornices on
front facades.
(6)
Buildings shall present a complete and discrete vertical facade composition
at an average street frontage of every 50 feet.
(7)
Allowable projections on any second or third floor facade include
bow windows and flat canopies and may project two feet into a front
right-of-way. French balconies shall project not more than one foot.
(8)
Corner and tower elements are encouraged to create an architectural
focus for the area. Such an approved element may exceed the building
height without violating this chapter so long as the element does
not exceed the building height by eight feet for a total height of
no greater than 48 feet.
K.
Parking requirements.
(1)
Unless hereinafter specified, all parking design requirements of § 350-27, Off-street parking requirements, of this chapter shall apply.
(2)
All properties within this district with street frontage along any
street are subject to the special parking requirements on that frontage.
(3)
Due to the availability of existing parking for individual properties
and existing street parking spaces along Main and Ferry Streets and
along its streets, all ground floor retail, personal service and restaurant
uses that are permitted within the geographic limit of this zone shall
not be subject to any parking requirement. Future parking needs, as
they become evident, shall be satisfied through the construction of
strategic parking lots on properties to be rendered available along
or in the vicinity of Main Street.
(4)
All office, bank and commercial uses that are permitted within the geographic limit of this zone shall be subject to parking requirements specified in § 350-27, Off-street parking requirements.
(6)
All on-site parking facilities shall be located in the side or rear yards of each property, subject to all other requirements of § 350-27, Off-street parking requirements, of this chapter. All parking shall be prohibited in front yards.
(7)
Buildings on individual parcels in the zone are permitted to have
contiguous on-site parking areas with free-flowing traffic between
said parking areas.
(8)
No parking lots shall be closer than five feet to any property line
of the parcel on which they are located, except for points of cross-access.
There shall be available, as necessary, access to the rear of such
properties for accessing parking areas, refuse collection, loading/unloading,
entry of public safety vehicles and other necessary functions which
require such entry.
L.
Loading requirements.
(2)
On-street loading/unloading and dumpster tipping in the MSR District
shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.
(3)
All loading/unloading shall be permitted in the rear yard area only.
(4)
Where rear or side yard parking, loading or other utilitarian activities
are proposed, a minimum ten-foot-wide buffer area shall be required
adjacent to all residential uses, all rights-of-way, and all residential
zones. Said buffer screen shall be comprised of a five-foot- to six-foot-high
living evergreen wall and six-foot-high solid fencing to provide screening
for the abutting incompatible uses.
M.
Landscaping requirements. Landscaping in this zone shall be subject to § 350-28, Landscaping and buffering, of this chapter.
N.
Signs.
(2)
No ground signs shall be permitted. Only facade signs are permitted
in this district.
(3)
The maximum permitted sign area shall be 10% of the front facade.
On corner lots, signs may increase to account for both facade areas.
There shall be a limit of one sign per use or tenant.
(4)
When a ground sign is proposed, such signs shall be monument-style
signs with a height no greater than four feet. A planter base shall
be provided around the base of the sign. Such signs shall require
relief from the appropriate board.
(5)
Shingle signs are permitted on the first and second floors. The maximum
area should not exceed four square feet, the materials should be either
painted wood or painted metal, and they should include ornamental
metal brackets of some kind. They should only be externally illuminated,
and the message should only give the symbol or the name of the business.
(6)
Surface-mounted signs on the first floor cornice/sign band shall
contain individually mounted letters or symbols and not be a large
board sign that obscures the cornice and its details. They should
be externally illuminated, and the message should only contain the
name or the symbol of the business.
(7)
Surface-mounted signs are not permitted above the first floor.
(8)
Awning signs shall be limited by the size of the fringe or the main
area of the awning, depending on the location of the sign.
(9)
All billboard signs are prohibited.
O.
Awnings.
(1)
Cloth and canvas awnings are encouraged over building entrances and
shall provide a minimum of eight-foot clearance and shall not extend
more than four feet from the building facade.
(2)
If an awning is so steeply sloped that it serves as a sign rather
than as shelter, the sign must meet all the criteria (size, message,
lighting, etc.) for wall signs that could be above the first floor.
(3)
All types of colors and patterns are acceptable if they meet the
criteria for colors and signs: plain, striped, patterned, decorative,
and so on. They must, however, be compatible with the overall building.
(4)
If a single building contains more that one shopfront and more than
one shop, the two awnings can either be identical to complement the
building or they can differ to add variety and to express the identity
of the individual shops.
(5)
If
a single shop occupies the ground floor of two adjacent buildings,
the awnings in each building can be identical, since the objective
of maintaining the identity of the two buildings is met by the building
designs.
P.
Architectural design standards.
(1)
The following activities regarding any of the buildings in the MSR
Zone shall render the building(s) subject to the architectural appearance
requirements listed below:
(a)
The new construction of a primary use building on a parcel of
land.
(b)
The addition to an existing primary use building that is 10%
or more of the gross floor area of the existing building.
(c)
The renovation or alteration in any manner of any outer wall
of a building that faces street frontage or is considered the front
of the building, including the addition of windows, doors or similar
elements.
(d)
The renovation or alteration in any manner of any outer wall
or combination of outer walls of a building.
(e)
The major internal renovation or alteration of a building which
constitutes 49% or more of the gross floor area.
(2)
Architectural appearance requirements.
(a)
Since all of the existing buildings within the limits of this
zone vary considerably in age and architecture in their present state,
it is difficult to impose on them a rigid architectural design standard.
Although beauty and character are subjective, there shall be an underlying
design theme to the buildings and specifically to the facades so that
a sense of conformity to a time period is achieved. Variation, creativity,
uniqueness and distinction are encouraged, provided that there is
a visual flow from building to building with no evidence of abrupt
change or disruption in design or theme. Each building, although having
its own identity, should complement the others in style and taste
without the look of an exact copy.
(b)
The prominent veneers to be used for facades and sides of buildings
facing the street shall be real brick (mortar or painted), limestone,
unpolished granite.
(c)
The unpainted brick colors shall be in the brown, beige or red
tones. Stone coloring shall be more flexible but maintain a subdued
color scheme in keeping with the brick tones.
(d)
Other veneers such as wood shingles, Hardi-Plank, cementitious
fiber shingles, cast iron, terra cotta, fiberglass, glazed tile, painted
wood or metal or other man-made siding products and wood veneer products
shall be considered secondary veneers to complement the brick or stone.
The colors of such veneers shall be in subdued tones to blend in a
compatible and aesthetic fashion. The use of fluorescent colors is
prohibited, as are abrupt color changes, even in the subdued tones,
that clash visually.
(e)
Aluminum siding, vinyl siding, faux brick face, metal panels,
stucco/EIFS treatments are strongly discouraged, except in utilitarian
areas not visible from the street.
(f)
No blank walls. All facades or sides of buildings facing the
street shall have a decor that prohibits, for a maximum distance of
15 feet horizontally, bare unadorned walls along each floor. These
walls shall have appurtenances either decorative or functional to
satisfy the condition. Such appurtenances shall consist of windows,
doors, columns, lintels, cornices, balconies, overhangs, awnings,
arches, railings or any other architectural items that fit the herein
recommended design theme.
(g)
Roofs should create visual interest. Roofs shall be of the A-frame
peak type wherever possible and include turrets, dormers, cupolas,
towers and gables to reflect "turn-of-the-century" attributes. Where
it is necessary to install other than a peaked roof due to structural
or height restrictions, parapets, cornices, eaves, turrets and other
architectural devices that also reflect the above-stated attributes
shall be utilized.
(h)
Windows for upper floors shall provide exterior muntins, casings,
aprons, trims, shutters, etc., to provide an attractive and visually
interesting facade.
(i)
Window glass shall be clear or lightly tinted. Dark-tinted or
mirrored windows are prohibited.
(j)
Windows should occupy 70% of the linear expanse of a retail
facade. Night security gates, grills or other security coverings of
windows are prohibited.
(k)
Exterior facade sconce or gooseneck-style lighting is encouraged.
(l)
Rooftop mechanical equipment shall be fully screened from the
street.
(m)
Buildings shall be richly detailed to create a visually interesting
facade.
Q.
Public and quasi-public improvements.
(1)
Public plaza. The 2011 Master Plan envisions a public plaza at a
highly visible location creating an "entranceway" into the Main Street
Revitalization District. To accomplish this, any developer, as a part
of any development application, may propose the creation of this plaza
as a public or quasi-public space. Such a plaza may contain civic
buildings, civic monuments, pedestrian areas, transportation links,
and public art. It should be barrier free, extensively landscaped
and situated to attract pedestrians into abutting retail spaces.
(2)
Off-site improvements. Within all lots in the district, the developer/property
owner shall construct and maintain all streetscape improvements located
on the street frontage of each property. This shall include installing
sidewalks, access alleys, utility easements, curbs, gutters, undergrounding
utilities, street furniture: benches, trash receptacles, bicycle racks,
street trees and planters, and streetlights.
(3)
Outdoor dining.
(a)
Tables, chairs, umbrellas, small private trash containers, and
planters are all desirable elements of the street furnishings.
(b)
All furniture should be made of painted metal, painted wood,
stained wood, or some combination of these materials. The character
of all furniture should complement the design of the building and
the business that it adjoins.
(c)
The size of the table and chair groupings is limited to that
which will maintain a clear walking path of four feet zero inches
on the sidewalk, a sufficient width to permit pedestrians to pass
but also to create the slightly crowded feeling of a truly vibrant
place.
(d)
Overhead elements, such as umbrellas, should allow for clearance
for passing pedestrians. A clearance height of seven feet zero inches
is required, which is adequate for most pedestrians and yet preserves
the sense of intimacy and shelter that an umbrella gives to a seated
group.
(e)
Outdoor dining uses shall comply with all other dining provisions
in this chapter.
(4)
Planters.
(a)
Planters that sit on the sidewalk should be made of durable
materials. Plain ceramic pots and ornamental ceramic pots are the
most common style, but stone, some ornamental concrete designs and
certain large fiberglass pots can also be appropriately attractive.
(b)
The size of these pots should allow a walking clearance on the
sidewalk of at least four feet zero inches.
(c)
Pots can be located either along the storefront or at the curb;
if at the curb they cannot be in the way of swinging car doors: one
foot six inches clear of the inside face of the street curb.
(d)
Wooden window boxes under the storefronts are permitted.
(e)
Plants should be selected which can stand the downtown climatic
conditions and which need a minimum of maintenance. Merchants and/or
building owners shall maintain all planters they use on their property.
A.
The purpose of the Park, Open Space, Recreation and Conservation
Zone is to preserve within the Borough lands that are identified as
open space, recreational facilities, environmentally sensitive, or
lands restricted to stormwater management use. Placed in this zone
will be public and quasi-public and other parcels that would be inherently
suitable for this zone based on their use and purpose. All federal,
state, county and municipal parks, private recreational lands, and
lands containing stormwater management facilities or similar facilities
encumbered by easement or deed shall be included in this zone.
B.
Permitted principal uses. No building, structure or use shall be
used and no building or structure shall be erected or structurally
altered except for the following uses:
(1)
Public parks and recreation facilities.
(2)
Municipal, county, state-owned or preserved open space.
(3)
Environmental education centers.
(4)
Private stormwater management facilities, drainage structures, basins
and swales.
(5)
Private lands of an environmentally sensitive nature encumbered by
conservation easements or similar deed restrictions.
(6)
Municipal utilities.
C.
Permitted accessory uses and buildings: uses and buildings incidental
to the above uses, including but not limited to those specified below:
(1)
Active and passive recreation fields and sports courts, recreation
centers, seating, shelters, picnic facilities.
(2)
Recreation offices and maintenance buildings related to the recreation
or conservation use.
(3)
Public restroom facilities, lighting, parking and similar utilities
related to the healthy and safety of any permitted use.
D.
Conditional uses. The following conditional uses may be permitted, provided that all of the terms and conditions specified for the particular use in § 350-25, Conditional uses, are complied with:
(1)
Notwithstanding any restrictions found herein, nothing in this chapter
shall prohibit any organization from using its own private lands for
the purposes of outdoor fund-raising activities, including carnivals
and amusement facilities consisting of mechanical or electronic amusement
devices, conditioned upon issuance of all necessary permits from the
Borough.
A.
The intent of the Cemetery Conservation Zone shall be to preserve
within the Borough lands that are currently operating as, or have
historically been used as, cemeteries and burial grounds. Placed in
this zone will be public, quasi-public and private parcels that would
be inherently suitable for this zone based on their current use and
purpose. This chapter seeks to protect existing cemetery parcels from
development that would be incompatible with the intent of this zone
and to clarify the uses and building standards permitted therein.
B.
Permitted principal uses. No building, structure or land shall be
used and no building or structure shall be erected or structurally
altered except for the following uses:
C.
Permitted accessory uses and buildings: uses and buildings incidental
to the above uses, including but not limited to those specified below:
(1)
Flagpoles, monuments, gazebos, arbors, and similar structures and
buildings.
(2)
Maintenance and storage buildings for articles in connection with
any of the above permitted uses.
(3)
Traditional flagpoles.
(4)
Fences, walls, gates and similar hardscape and landscape structures.
(5)
Parking lots for cemetery and funeral use.
(6)
All other uses deemed customary and incidental to the operation of
a cemetery.
E.
Off-street parking requirements: as specified in § 350-27, Off-street parking requirements, of this chapter.
G.
Parking restrictions. No parking shall be permitted within any required
front, side or rear yard.
A.
The intent of the Educational Institutional Zone shall be to preserve
within the Borough lands containing public, private, parochial schools,
nonprofit commercial schools, seminaries, colleges, academies or similar
educational institution for academic instruction teaching an approved
curriculum by the New Jersey Department of Education. Placed in this
zone will be public, quasi-public and private parcels that would be
inherently suitable for this zone based on their current use and purpose.
B.
Permitted principal uses. No building, structure or premises shall
be used and no building or structure shall be erected or structurally
altered except for the following uses:
C.
Permitted accessory uses and buildings: uses and buildings incidental
to the above uses, including but not limited to those specified below:
(1)
Recreational facilities, sports fields and stadiums operated in conjunction
with a permitted educational institution use.
(2)
Maintenance and storage buildings for equipment in connection with
any of the above permitted uses.
(3)
Parking lots for official school use operated in connection with
any of the above permitted uses.
D.
Conditional uses. The following conditional uses may be permitted,
provided that all of the terms and conditions specified for the particular
use in Subsection 204-7 are complied with:
F.
Off-street parking requirements: as specified in § 350-27, Off-street parking requirements, of this chapter.
H.
Parking restrictions. No parking shall be permitted within any required
front, side or rear yard.
I.
Prohibited uses.
[Amended 9-23-2013 by Ord. No. 2013-15]
(1)
All adult uses, including sex clubs, juice bars, go-go bars, pole
dancing clubs, nude clubs, adult book/novelty sales, unlicensed massage
parlors and other sexually oriented businesses as defined by N.J.S.A.
2C: 33-12.2, are prohibited in this zone.
(2)
All
uses not specifically permitted are prohibited.
[Added 8-25-2014 by Ord. No. 2014-28; 8-3-2020 by Ord. No. 2020-16; 8-3-2020 by Ord. No. 2020-16]
A.
Intent. The purpose of the Lincoln School Neighborhood Overlay District
(LSNOD) is to revitalize the long-vacant, former public school site
and surrounding properties in the Borough of South River. It provides
an alternate set of development standards incentivized to transform
a vacant property into a productive land use, thus improving the fiscal
health of the Borough. The plan allows property located at this visible
intersection to be developed into a mix of housing and neighborhood
business uses in a form-based development. The details of this overlay
zone have been designed to advance the intent and purpose of the Borough
of South River Master Plan, namely, to promote redevelopment of vacant
buildings and to provide a reasonable transition between the downtown
business district and the residential neighborhoods located north
of Main Street. Ancillary intents shall also be to:
(1)
Promote the effective rehabilitation of the original Lincoln School
property and surrounding properties;
(2)
Allow for the expansion of redevelopment into the Lincoln School
neighborhood, particularly on properties abutting the original school
parcels, so as to assemble a workable development site;
(3)
Provide for regulation of bulk, height, parking, setback and buffering
elements of site development where the current R-75 standards would
not be useful in buffering anticipated uses from the abutting residential
properties;
(4)
Direct appropriate traffic volumes to access points to the site to
minimize impacts to nearby residential neighborhoods;
(5)
Ensure capacity of all utility, infrastructure and parking systems
serving the site is adequate to support any proposed development;
(6)
Encourage redevelopment through an enhanced but appropriate density
and flexibility of land uses as stipulated in this section;
(7)
Promote public safety and flood resiliency with new development constructed
in accordance with flood management requirements of the State of New
Jersey and the Federal Emergency Management Agency.
B.
Overlay option.
(1)
The Lincoln School Neighborhood Overlay District (LSNOD) regulations
described in this subsection shall replace all previous Lincoln School
Overlay District regulations. This overlay district shall overlay,
not replace, the existing development requirements of the R-75 Single-Family
Residential District and shall exist as an alternative set of development
standards for the properties located within the boundaries of the
overlay district. When proposing development, a developer either may
utilize the existing zoning regulations of the underlying district
or may opt to utilize the standards of the Lincoln School Neighborhood
Overlay District (LSNOD) set forthwith in this section, but not both.
(2)
The adoption of this section shall signify an amendment to the Zoning
Map of the Borough of South River amending the following properties
currently in the R-75 Single-Family Residential District to also be
included in the Lincoln School Neighborhood Overlay District (LSNOD):
Block 38
|
Lot 18, also shown as Lot 18.01
|
Block 38
|
Lots 6, 7, 8, 8.01, 9, 10, 11, 12, 13, 14, 15, 16.01, and 17.01
|
C.
Principal permitted uses:
(1)
Single-family residential dwellings in accordance with the standards
of the R-75 Residential Zone.
(2)
Multifamily dwellings in an apartment building or townhouse format.
(3)
Mixed-use buildings or developments with ground-floor neighborhood
retail and/or commercial uses and upper-floor office, commercial and/or
residential uses.
(4)
Neighborhood retail, general or medical office, personal services,
banking services, fitness centers, child care, or similar business.
(6)
Restaurants, quick-food stores, snack bars, and restaurant-taverns,
including restaurants designed primarily for on-site, off-site, or
outside eating and walk-up windows and service, but excluding vehicle
drive-through windows.
D.
Permitted accessory uses. Any accessory use or building which is
customary and incidental to a permitted principal use on the lot shall
be a permitted accessory use/building.
E.
Prohibited uses:
(1)
Taverns and nightclubs.
(2)
Hotels, motels, boarding- and rooming houses.
(3)
All uses not specifically permitted by zone or by state or federal
law are prohibited, inclusive of, but by no means limited to, industrial
uses, refineries, heavy manufacturing, slaughterhouses, explosives,
industrial uses of any type including bulk storage, fabrication and
automotive sales or service.
(4)
All adult uses prohibited under § 350-16G(1) shall be prohibited uses in this district.
(5)
Drive-through windows or uses of any type.
F.
Bulk requirements.
(1)
Minimum lot area shall be 40,000 square feet.
(2)
Minimum lot width shall be 150 feet.
(3)
Minimum lot depth shall be 150 feet.
(4)
Principal buildings.
(a)
Minimum front yard setback shall be a minimum of 20 feet to
the front property line on all sides of a lot fronting on a county
road or collector road as shown on the Borough Master Plan and shall
be 25 feet to the front property line on all other streets. When the
top-most floor of the building employs a step-back, sloped roof, mansard
roof, or similar architectural design element to reduce the appearance
of building mass from the street, the front setback to the street
may be reduced to 15 feet.
(b)
Minimum setback for all other side yards and rear yards shall
be 50 feet.
(c)
Development may include more than one principal building per
lot.
(5)
Accessory building side yard and rear yard setbacks shall be a minimum
of five feet.
(6)
Where development abuts any property maintained as undeveloped by
means of a deed restriction or similar instrument, the setback requirement
to this property for all buildings, pavement, walkways, and parking
may be reduced to zero feet.
(7)
Maximum percent of building coverage by all buildings shall be 40%.
(8)
Maximum percent of impervious coverage by all buildings and impervious
surfaces shall be 75%.
(9)
Maximum building height shall be three stories, and building height
shall not be greater than 42 feet. However, when a ground-level parking
area, resident storage area, or other flood-resilient building element
is proposed to cover at least 40% of the ground level of the building,
preventing the use of this level as an habitable space, and where
two or more levels of habitable space are proposed above said level,
the permitted building height may be increased to a maximum of four
stories and a building height dimension no greater than 52 feet.
(10)
The maximum density shall be 18 dwelling units per gross acre
of land.
G.
Parking, loading, and lighting requirements.
(1)
All parking requirements provided in the Residential Site Improvement Standards (RSIS) and in § 350-27, Off-street parking requirements, of this chapter of the Code of the Borough of South River shall apply, except where modified herein in this subsection.
(2)
Off-street parking spaces, together with appropriate access thereto,
shall be provided on the same lot as the building they are intended
to serve.
(3)
Off-street parking spaces may be located in a front yard; however,
all parking shall be screened in accordance with the landscaping and
screening requirements of this chapter.
(4)
All parking spaces shall be set back five feet to any property line
and five feet from any principal building, except where abutting a
property maintained as undeveloped by means of a deed restriction,
where the setback requirement to the property for buildings, pavement,
walkways, and parking shall be reduced to zero feet.
(5)
When constructed to comply with RSIS and Borough specifications,
on-street parking may be provided along the frontage of Maple Street
and/or William Street. Such parking shall be provided in a bump-in
or similar design to maintain the required width for two-way vehicle
movement on these streets exclusive of the width of the parallel parking
spaces. Pavement half-widths on these frontages shall be widened where
necessary to comply with RSIS requirements relative to on-street parking
on a two-way street.
(6)
When a development property has frontage on more than one street,
parking access shall be provided on the street(s) of lower traffic
volume. No driveway access shall be permitted on Reid/Prospect Street.
(7)
All proposed development shall be accompanied by a parking/traffic
impact statement addressing the impacts of trip generation and on-site
circulation on the surrounding intersections, neighborhood, and roadway
system.
(8)
When more than 2,500 square feet of nonresidential space is proposed,
one commercial loading zone shall be required. This loading space
may be a shared space for all commercial uses and tenants within a
development site.
H.
Signs.
(1)
The sign regulations of the Main Street Rehabilitation District, § 350-20N, shall apply except where modified herein.
(2)
No freestanding commercial signs shall be permitted.
(3)
Wayfinding and directional signs may be proposed throughout the interior
portions of a site and shall be no greater than eight square feet.
(4)
No sign shall be closer than 15 feet to any property line.
I.
Landscaping and buffering.
(1)
All landscaping, buffering, street tree, shade tree, screening, and
tree replacement requirements of this chapter of the Code of the Borough
of South River shall apply.
(2)
A minimum area of 2,000 square feet shall be integrated into the
Reid/Prospect Street frontage of the development as a passive landscape
area/outdoor plaza, outdoor eating area, public art space, civic space,
or space for customer and resident gathering, etc. This area should
be attractively landscaped with a mix of shade trees, plantings, hardscaping,
low walls, seating, outdoor furniture, etc.
(3)
Where development is proposed abutting a lot containing a residential
use, a five-foot-deep and eight-foot-high landscape buffer consisting
of screening trees, plantings and fencing shall be provided on the
development site.
J.
Pedestrian accommodations and access.
(1)
Pedestrian connections shall be provided along the fronts of buildings
and between buildings and shall connect to the public sidewalk and
crosswalks.
(2)
Where pedestrian routes intersect with vehicular drives, pedestrian
crossings shall be adequately striped, raised, and/or textured for
safety.
(3)
All accessways shall comply with the Americans with Disabilities
Act and provide barrier-free access, including access for persons
utilizing strollers and bicycles.
(4)
Secure, covered, bicycle parking should be provided.
K.
Stormwater management.
(1)
Development shall conform to the Borough of South River stormwater
management regulations.
L.
Solid waste and recycling.
(1)
Development shall be designed to provide for adequate storage and
disposal of residential and commercial solid waste, including recycled
materials. All areas for solid waste and recycling collection shall
be located within buildings or parking facilities in side or rear
yards. No trash storage is permitted in a required front yard. All
trash and recycling locations shall be enclosed and located in a manner
which is obscured from view by a fence, wall, planting or combination
thereof.
M.
Curbs, sidewalks, utilities, and other public improvements.
(1)
All development shall include the installation of curbs and sidewalks
on all street frontages and other necessary public improvements on
the property as well as abutting rights-of-way, as required by this
chapter.
(a)
All developments shall be required to construct any off-tract
improvements necessitated by their development. All utility improvements
necessary to support the development shall be the responsibility of
the developer.
(b)
The developer shall be responsible for providing the necessary
engineering reports to indicate that there is sufficient municipal
water and sewer capacity available for the maximum build-out of the
project.
(c)
On-site utilitarian improvements, such as utility transformers
or meter banks, shall be located in fully screened areas in side or
rear yards only. Placement of these or similar utilities in front
yards or on front facades shall be prohibited.
(d)
Development abutting a county right-of-way shall generally provide
curbing to county specifications, followed by a planting strip containing
grass and street trees, followed by a sidewalk, followed by a front
yard landscape area, subject to any modifications by the Middlesex
County Planning Board. If street trees are not permitted within the
county right-of-way, they shall be provided along the frontage of
the development property abutting the area of county jurisdiction.
(e)
All utilities shall be installed underground, and all unnecessary
utility poles along the street frontage of the site shall be removed.
N.
Environmental requirements.
(1)
A preliminary environmental assessment shall be required when demolition,
rehabilitation and/or remediation is proposed of any former educational,
commercial or institutional building older than 50 years old at the
time of application. All on-site remediation shall be conducted with
the approval of the New Jersey Department of Environmental Protection
to meet the standards of remediation commensurate with the use proposed.
The work and cost of all such remediation shall be at the sole cost
of the developer.
O.
Fiscal impact requirements.
(1)
All applications for development in the Lincoln School Neighborhood
Overlay District (LSNOD) shall be accompanied by a fiscal impact statement
analyzing the economic impact of the proposed development to the Borough
of South River.
P.
Architectural appearance and unit requirements.
(1)
Any application for development shall be accompanied by architectural
exhibits showing an attractive building(s) of high architectural quality.
No specific building style is required; however, brick, natural stone,
precast concrete, and other materials shall be provided to reflect
permanence and resilience. Dormers, parapets, mansard roofs, varied
rooflines, dental moldings, quoins, etc., should be included.
(2)
Buildings should have a clear base, middle and top. Residential windows
should contain grids and mullions along with shutters, French balconies,
or other decorative or brickwork window trims. Appropriate screening
should be provided for ground-level parking structures. Clock towers,
cupolas, turrets, or other focal elements should be considered and
should respect the alignment of surrounding streets, intersections,
and street views. Vinyl siding, stucco, and external insulation finishing
systems should not be proposed in visible areas.
(3)
Roofs of buildings lower than two stories shall be sloped or mimic
the appearance of a sloped roof.
(4)
Where ground-floor retail/commercial uses are proposed, a minimum
60% of the ground-floor facade facing the street(s) shall contain
glass fenestration to allow views into the ground-floor spaces.
(5)
All developments shall comply with all affordable housing regulations
of the Borough in effect at the time of building permit application.
A.
Intent.
(1)
Recognizing the necessity for certain specific uses, while at the
same time appreciating the fact that they may be or may become inimical
to the public health, safety and general welfare of the community
if improperly designed or located without due consideration to the
existing conditions and surroundings, the standards and procedures
in this section are hereby established.
(2)
A conditional use is a permitted use, not as a matter of right, but
rather at the discretion of the Planning Board based upon satisfactory
compliance with articulated criteria and standards as specified herein.
(3)
These standards are intended to provide the Planning Board with a
guide for the purpose of reviewing applications for conditional uses
as provided for by this chapter. In reviewing an application, the
Planning Board may act on site plans submitted to it or may suggest
modifications and changes. In approving an application, the Planning
Board may require, in addition to features specified, such other features
or design, in keeping with the intent thereof, that will further the
purpose of these standards and regulations. Such features shall be
provided and maintained as a condition of the establishment and maintenance
of any use to which they are a condition of approval.
(4)
Notwithstanding compliance with specific conditional use standards
hereinafter set forth, no conditional use will be permitted if the
use at the proposed location would be detrimental to the health, safety
and general welfare of the community.
B.
Licensed nursing homes including assisted living facilities and adult
day care may be permitted in the R-100 and R-75 residential zones,
provided that:
(1)
Such use fronts upon a street classified in the Borough's Master
Plan as other than a local street.
(2)
Such building shall be a minimum of 150 feet from any other dwelling,
house or structure used for the housing of human beings or from a
church, library, school or other public building.
(3)
The applicant shall comply with all state requirements for such use.
(4)
Such building shall be set back at least 40 feet from the street
and rear lot lines and at least 20 feet from side lot lines.
(5)
Off-street parking shall be provided for at least one space for each
three beds, plus one space for each staff member and employee, based
upon the maximum number estimated to be on duty at any one time. Such
off-street parking area shall be suitably screened from adjoining
residential lots by appropriate landscaping and/or fencing.
(6)
Areas for outdoor recreation of a size and location sufficient to
properly serve the needs of the occupants are provided.
(7)
It is ascertained by the Planning Board that the use will meet a
community need without adversely affecting the character of the neighborhood.
C.
Nursery schools. Nursery schools and child-care centers may be permitted
in the R-100 and R-75 Zones, provided that:
(1)
Ingress and egress to the facility is such that the safety of the
children is protected to the satisfaction of the Planning Board.
(2)
The building is appropriately designed and provides adequate fenced
yard space developed for recreational purposes.
(3)
There are no home professional or home occupation uses carried on
in the building.
(4)
The nursery school shall be licensed by the State of New Jersey Board
of Education.
(5)
It is ascertained by the Planning Board that the use will meet a
community need without adversely affecting the character of the neighborhood.
D.
Gasoline service stations and repair garages, auto body garages.
(1)
Such use shall not have an entrance or exit on the same side of the
street and within 200 feet of an entrance or exit to a public or private
school, public library, theater, church, public park or playground,
orphanage or children's home, nursery school or fire station nor within
100 feet of a residential district except where and when the property
is in another block or on another street which the lot in question
does not abut. Such distance is to be measured along a straight line
between the properties involved.
(2)
A description of the nature and extent of the proposed use shall
be provided to the Planning Board.
(3)
No gasoline pumps shall be placed within 25 feet of any street or
lot line.
(4)
There shall be no more than two access driveways along any one street.
The minimum distance between driveways on the site shall be 25 feet,
and access driveways shall be at least 15 feet from the nearest lot
line and at least 25 feet from the nearest street intersection.
(5)
No part of any garage shall be nearer than 25 feet to any street
line or 15 feet to any lot line.
(6)
No commercial repair work, except minor repair work, shall be conducted
outdoors on the property.
(7)
Such use shall be adequately buffered and screened from any adjacent
residential use as determined by the Planning Board by fencing and
vegetation of a minimum six-foot height and providing a ten-foot-deep,
heavily buffered planting area.
(8)
The use of strings of pennants, flags or similar decorations, such
as whirling displays, are expressly prohibited but shall be allowed
for a period of one week to mark a grand opening.
(9)
No more than three vehicles per service bay shall be stored outside
overnight on the premises, excluding vehicles owned or leased by the
proprietor(s).
E.
Quasi-public nonprofit clubs and organizations, and public and private
nonprofit, educational and charitable institutions:
(1)
Such use, when taken in conjunction with other existing land uses,
will not generate traffic that would result in an undue burden upon
the available access streets, resulting in a traffic movement on adjacent
streets.
(2)
A statement setting forth full particulars of the operation of the
use and the total number of proposed charter members (for membership
clubs) shall be filed with the Planning Board.
(3)
It is ascertained by the Planning Board that the proposed use is
a bona fide nonprofit organization operated solely for the recreation
and enjoyment of the members of said organization or for civic, humanitarian
or charitable purposes.
(4)
It is ascertained by the Planning Board that the proposed use in
the proposed location shall in no way adversely affect the safe and
comfortable enjoyment of property rights in the area in which it is
located or otherwise adversely affect the value of adjacent properties.
(5)
The design of any structures erected in connection with such use
are in keeping with the general character of the area and sufficient
landscaping, including trees, shrubs and lawns, is provided to serve
as buffer between said use and adjoining residential properties.
(6)
The maximum membership limit of said organization shall be fixed
at the time of application and shall be commensurate to the amount
of land to be used and the exact nature of the use. No further expansion
of said membership shall be made unless supplemental approval is granted
by the Planning Board.
(7)
Off-street parking shall be provided for at least one space for each
200 square feet of floor area, plus additional spaces determined by
the Board based upon anticipated usage. Such off-street parking area
shall be suitably screened from adjoining residential lots by appropriate
landscaping and/or fencing.
F.
Home occupations.
(1)
The dwelling unit proposed to house such use is a single-family unit.
(2)
Such occupation shall be conducted solely by members of the resident
family.
(3)
Such use shall occupy an area equivalent to not over 35% of the floor
areas of one story.
(4)
There shall be no conspicuous display of goods or advertising to
be seen from outside the premises.
(5)
Such use does not involve the use of any machinery or equipment which
will cause electrical or other interference with radio and television
reception in adjacent residences or which will cause offensive noise
or vibration.
(6)
Such use shall in no way be objectionable or detrimental to the well-being
or to the harmonious character of the neighborhood.
G.
Home professional offices.
(1)
The lot meets the minimum requirements of the Zoning Ordinance with
respect to lot area and lot width.
(2)
No structural alterations to accommodate the use of the dwelling
for office use are required.
(3)
Such use shall occupy an area equivalent to not over 50% of the floor
area of one story.
(4)
Such use shall not involve the sale of any goods, products or merchandise.
(5)
The dwelling unit proposed to house such use is a single-family unit.
(6)
Sufficient off-street parking space, as determined by the Planning
Board on a case-by-case basis, is provided in the rear or side yards.
Such parking area is to be suitably shielded from adjacent properties
by means of appropriate landscaping and/or fencing.
H.
Community residences for the mentally and physically handicapped,
victims of domestic violence, terminally ill, or persons with head
injuries. Qualifying community residences for the placement of more
than six but fewer than 16 persons, exclusive of resident staff, may
be permitted in all residential zones pursuant to N.J.S.A. 40:55D-66,
provided that:
(1)
Sufficient off-street parking space, as determined by the Planning
Board on a case-by-case basis, is provided in the rear or side yards.
Such parking is to be suitably shielded from adjacent properties by
means of appropriate landscaping and/or fencing.
(2)
The lot area for such use is equal to at least the minimum lot area
required for the zone in which the use is to be located; provided,
however, that greater lot area may be required on a case-by-case basis
depending upon the anticipated number of occupants.
(3)
In order that the health and safety of the occupants not be endangered
by heavy traffic volumes, such use shall not be located on any street
other than those classified as local streets in the Master Plan of
the Borough of South River.
(4)
Ingress and egress to the building is such that the safety of the
occupants is protected to the satisfaction of the Planning Board.
(5)
Sufficient off-street area is provided for the pickup and discharge
of occupants by vans or other vehicles servicing the handicapped.
(6)
Such uses shall be subject to the same bulk requirements as a single-family
unit in the zone.
(7)
Such use shall not have an entrance or exit on the same side of the
street and within 200 feet of an entrance or exit to a public or private
school, garage or service station, theater, rescue squad or fire station,
except where and when the property is in another block or on another
street which the lot in question does not abut.
I.
Billboards, signboards and advertising signs. Billboards, signboards
and advertising signs may be permitted in the L-I Zone only, provided
that:
(1)
No structure for this purpose shall be closer than 15 feet to any
front lot line or 10 feet to any side lot line.
(2)
No such sign shall be within 500 feet of a residential district.
(3)
No billboard or outdoor advertising sign shall have less than four
feet of clear space between it and the ground nor, at any point, be
higher than 16 feet above ground level.
(4)
No billboard or outdoor advertising sign shall have a horizontal
dimension of more than 15 feet.
(5)
All rubbish and vegetation more than six inches high shall be kept
constantly removed from a space at least five feet in all directions
around such billboards or signboards.
J.
Recreational facilities, video arcades, entertainment facilities
including bowling alleys, skating rinks, indoor theaters, taverns,
nightclubs shall all be conditional uses and shall be subject to site
plan review and approval from the appropriate board, provided that:
(1)
The premises shall be so arranged as to permit a clear view of each
mechanical amusement device from the exterior at all times.
(2)
No operator shall knowingly permit any person convicted of a crime
involving moral turpitude to be associated with him in the ownership
or management of the business or to be in his employ or to loiter
on the premises.
(3)
No operator shall offer or permit to be offered any prizes or awards,
whether in cash or otherwise, as an inducement to use mechanical amusement
devices except for trophies, plaques or items of a similar nature
or nominal value.
(4)
No operator shall permit any minor under the age of 16 years, unaccompanied
by a parent or guardian, to remain on the premises after 10:00 p.m.
(5)
No operator shall permit any activity which is illegal or immoral
or which creates an undue amount of noise or a danger of a breach
of the peace to occur on the premises.
(6)
No operator shall permit the operation of his premises between the
hours of 12:00 midnight and 9:00 a.m.
(8)
Erection and installation of coin-operated or non-coin-operated mechanical
amusement devices shall comply with all local, state and federal fire
and safety regulations, statutes and codes. In addition, for each
one square foot of floor space occupied, taken up or covered by a
machine (to be measured at its widest, deepest and longest points,
whether touching the surface of the floor or not), a minimum of three
square feet of open space in order to provide an established ratio
between occupied space and space for the unobstructed flow of customers.
If machines are located along an aisleway, the minimum width of aisles
between the machines shall be eight feet. In computing open space
as used in this section, any and all interior sections of the structure
reserved for an office, restroom, operation, storage or other facilities
shall be deducted, and only the actual open unobstructed floor space
shall be considered open for purposes of this calculation.
(9)
During the hours of operation, the premises must be supervised at
all times by at least one responsible adult individual, who shall
be an employee of the owner or operator of the premises and who shall
be responsible for the supervision, maintenance and operation of the
premises. At least one such individual shall be visibly present on
the premises during all hours of operation.
K.
Houses of worship.
(1)
Such use, when taken in conjunction with other existing land uses,
will not generate traffic that would result in an undue burden upon
the available access streets, resulting in a traffic movement on adjacent
streets.
(2)
A statement setting forth full particulars of the operation of the
use and the total number of proposed worshippers shall be filed with
the Planning Board.
(3)
It is ascertained by the Planning Board that the proposed use is
a bona fide religious organization operated solely for the spiritual
needs of the members of its organization and for humanitarian or charitable
purposes.
(4)
It is ascertained by the Planning Board that the proposed use in
the proposed location shall in no way adversely affect the safe and
comfortable enjoyment of property rights in the area in which it is
located or otherwise adversely affect the value of adjacent properties.
(5)
The design of any structures erected in connection with such use
is in keeping with the general character of the area, and sufficient
landscaping, including trees, shrubs and lawns, is provided to serve
as buffer between said use and adjoining residential properties.
(6)
The maximum membership limit of said organization shall be fixed
at the time of application and shall be commensurate to the amount
of land to be used and the exact nature of the use. No further expansion
of said membership shall be made unless supplemental approval is granted
by the Planning Board.
L.
Multifamily dwellings. The following requirements shall apply to
multifamily (three units or greater) apartment buildings when proposed
in the R-75 District:
(1)
The project shall be developed in an area of not less than three
acres.
(2)
The development shall not exceed a gross density of 3.3 units per
acre.
(3)
The area of lot coverage by buildings, other than garages and exclusive
of public ways, shall not be greater than 25%.
(4)
No structure shall contain in excess of 2 1/2 habitable stories
above curb level.
(5)
No structure shall be built closer than 25 feet to any property line,
nor 50 feet from the center line of any public way.
(6)
Each structure shall be so designed or so located in the project
site that the distance from at least one window of every room used
for human habitation shall be not less than 60 feet from the wall
of any structure on the site, and the distance from all other windows
shall be not less than 30 feet from the wall of any structure on the
site, such distance to be measured by a line perpendicular to the
plane of the surface of said window, except that this distance may
be reduced to not less than 30 feet for one exposure where a room
is a bathroom. No separate freestanding building shall be closer than
15 feet to any other building on the site.
(7)
Adequate potable water and electricity must be available, and all
waterlines, sanitary sewers, storm sewers and electrical distribution
facilities shall be installed in accordance with the Borough's Subdivision
and Site Plan Ordinance.[2]
(8)
A minimum of 15% of the site shall be allocated, developed and improved
for usable recreation space or spaces, such as tot lots, tennis courts
and other similar organized activity areas, as may be recommended
by the Board. No such space shall be less than 2,500 square feet in
size or less than 75 feet wide.
(9)
All areas of a garden apartment development not used for the construction
of buildings, roads, accessways, parking areas or sidewalks shall
be fully landscaped or grassed.
(10)
No parking shall be permitted on any road or accessway within
the garden apartment development.
(11)
No parking area may be placed closer to a building than 20 feet.
(12)
There shall be only one central television antenna in each building
for use of occupants therein.
(13)
No front yard shall contain service facilities for the dwellings,
such as clothes drying, storage, or the like.
(14)
The development shall exert no detrimental effect upon surrounding
areas due to poor design, inadequate parking, traffic danger or destruction
of neighborhood character.
B.
General provisions.
(1)
Reference to zoning districts. Except as otherwise provided in this
section, no outdoor sign or other form of exterior advertising shall
be erected or maintained unless the same complies with the requirements
of this subsection and those established for the zoning district in
which such sign is located.
(2)
Drop awnings attached to buildings shall extend not more than five
feet out from a building, and the curtain of the awning shall be no
closer to the ground than seven feet.
(3)
Illumination. Lighted signs shall comply with the National Electrical
Code and bear the Underwriters Laboratories seal. All externally illuminated
signs shall be lighted from the bottom, with said source of illumination
so placed and screened as to prevent direct rays of light from being
cast beyond the premises.
(4)
Setback. No sign permitted shall be located closer than 15 feet to
any property line. No sign permitted in a nonresidential district
shall be located closer than 25 feet to any residential zone boundary,
and further, no sign shall be located in any required buffer area.
(5)
Nonconforming signs. Nonconforming signs may be continued in use
but may not be enlarged, relocated, altered or rebuilt. Failure to
keep signs painted and in good repair for a period of six consecutive
calendar months shall constitute abandonment, and such sign may not
then be replaced or reused and must be removed by the owner upon notice,
in writing, from the Construction Official.
(6)
Maintenance. The issuance of a permit shall not relieve the owner
or lessee of the premises from the duty of maintaining any such structure.
Every sign constructed or maintained shall be plainly marked with
the name of the person, firm or corporation erecting or maintaining
such sign. All signs shall be painted, properly illuminated and maintained
in good repair at all times. Any sign that is or shall become dangerous
or unsafe in any manner whatsoever shall be repaired and made safe,
in conformity with this chapter, or shall be removed by the owner,
lessor, agent or occupant of the building, property or land upon which
it is placed or to which it is attached. A written notice shall be
served upon the owner, lessor, agent, or occupant of a building, property
or land upon which a dangerous or unsafe sign is located. Said notice
shall require necessary action to be taken within 10 days from the
date of the service of the notice upon such person or within such
lesser time as shall be deemed reasonable in the case where the danger
to public health, safety and general welfare is so imminent as to
require more immediate abatement.
(7)
Height. No attached sign shall be higher at any point than the roofline
of the building to which said sign is attached. Except in the residential
zones, where height limitations are more restrictive, freestanding
signs shall be permitted up to a height of 18 feet or the height of
the principal building on the lot, whichever is less.
(8)
Location outside of sight triangles. All signs shall be located to allow a clear, unobstructed sight triangle at intersections in accordance with § 350-8G(3)(k).
(9)
Two-sided signs. Two-sided signs shall be measured for area by using
the surface area of one side of the sign only. Both sides may be used.
(10)
Temporary signs. Temporary signs shall not be lighted nor displayed
more than 60 days.
(11)
Posting of signs on utility poles. No foreign signs, objects,
bulletins, notices or any other matter shall be placed or posted upon
the utility poles owned by the South River Utility Department unless
written approval and/or consent has been obtained from the Borough
Council for the placement of such items upon the South River Utility
Department utility poles. The appropriate officers of the Borough
of South River are hereby directed to enforce said policy, if said
objects, signs, bulletins and/or notices have been placed or posted
upon the utility poles without having first obtained the written approval
and/or consent of the Borough of South River for the placement of
such item there.
(12)
No person shall paint or cause to be painted or permit anyone
in his employ to paint any kind of advertising matter or signs on
any sidewalk.
C.
Exempt signs. The following signs are exempt from the provisions
of this section:
(1)
Residential nameplate signs and professional nameplate signs indicating
the name and profession of the occupant of a dwelling, provided that
such signs do not exceed two square feet in area and are not lighted
between the hours of 9:00 p.m. and 8:00 a.m.
(2)
Temporary signs inside windows of commercial establishments, provided
that these signs shall not unreasonably obstruct light and visibility
and shall be removed within seven days after completion of the business
being advertised.
(3)
Temporary signs of nonprofit or charitable organizations, provided
that such signs do not exceed 32 square feet in area. Said signs shall
be removed within seven days after completion of said event or function.
(4)
Bulletin boards not over 24 square feet in area for public, charitable
or religious institutions when the same are located on the premises
of said institutions.
(5)
On-site directional and parking signs, warning signs and signs posting
property as "private property," "no-trespassing" or similar signs
not to exceed two square feet in area.
(6)
Temporary signs denoting the architect, engineer or contractor when
placed upon work under construction and not exceeding 16 square feet
in area. Said signs shall be removed within seven days of issuance
of a certificate of occupancy.
(7)
Temporary signs indicating a political preference or a political
event, provided that such signs do not exceed 32 square feet in area
on any one side in nonresidential zones and six square feet in area
in residential zones. Such sign shall be removed within 14 days after
the completion of said political function.
(8)
Garage sale signs located on the premises only, not exceeding two
square feet and containing the date of sale. Such sign shall be removed
within 24 hours after the last day of sale.
(9)
Real estate signs temporarily advertising the sale, rental or lease
of the premises or portion thereof, provided that such signs do not
exceed nine square feet in area. Such signs shall be removed within
seven days after the purpose of the sign is fulfilled.
(10)
Subdivision signs for a subdivision of more than two contiguous
lots may have one sign along each road which the tract in question
abuts. Such signs shall not exceed 40 square feet in area and shall
be removed within seven days after the purpose of the sign is fulfilled.
(11)
Signs of a noncommercial nature and in the public interest,
erected by or on the order of a public officer in the performance
of his public duty, such as safety signs, memorial plaques, signs
of historical interest and the like.
D.
Prohibited signs.
(1)
No sign shall be erected, used or maintained which in any way simulates
official, directional or warning signs erected or maintained by the
state, the county or the Borough or by any public utility or similar
agency concerned with the protection of the public health or safety.
(2)
No sign other than official traffic control or street signs shall
be erected within or encroach upon the right-of-way of any street.
(3)
No sign may obstruct any window, door, fire escape, stairway or opening
intended to provide light or ingress and egress to or from any building
or structure except as herein provided.
(4)
Animated or flashing, flickering, or LED-style signs using mechanical
or electrical devices to revolve, flash or display movement or the
illusion of movement, except for clocks or weather information, are
prohibited.
(5)
Signs projecting more than one foot from the wall of a building are
prohibited.
(6)
No portion of any sign shall be located within or suspended over
a public right-of-way or pedestrian walkway.
E.
District regulations. The following regulations shall apply in the
specific districts to all signs other than those specifically exempted.
(1)
Residential districts.
(a)
Signs on churches, schools and other institutions of a public
or quasi-public nature may be erected, provided that the size of any
freestanding sign shall not exceed 20 square feet, and not more than
one such sign shall be placed on each road upon which such use fronts.
Signs attached to the facade of the structure shall be permitted,
provided that the area of the sign shall not exceed 5% of the building
facade.
(b)
All signs in residential districts shall have a setback of at
least 15 feet from all lot lines. No sign shall be greater than 10
feet in height. No sign on a residential lot shall be greater than
six square feet in area, and the total area of all signs on the lot
shall not exceed 12 square feet.
(c)
Identifying signs for garden apartments shall not exceed 32
square feet. The sign shall be a permanent structure and shall not
be located less then 20 feet from the lot lines.
(d)
Permanent signs in residential districts may be lighted if such
illumination is from an external source.
(2)
Signs in the Office Professional, commercial, MSR and W-R Districts.
(a)
Any sign permitted in the residential districts shall be permitted.
(b)
Signs must be accessory to the main use, advertising only businesses
conducted on the premises where the sign is located. Such sign shall
state only the name of the occupant of the premises and, in concise
form, the nature of the business or professional activity or activities
there conducted.
(c)
One sign may be attached to the main building advertising the
business or businesses conducted on the premises. Such sign shall
not project more than 12 inches from the building facade to which
it is attached; however, where a sign extends more than three inches
from the face of said wall, the bottom of said sign shall not be closer
than 10 feet from the ground level of said sign. Signs attached to
a wall of a building shall not exceed 10% of the area of wall or 50
square feet, whichever is less.
(d)
Not more than one freestanding sign per business premises shall
be permitted on any one street frontage. Such sign may be internally
or externally illuminated and shall not exceed 32 square feet in area.
No freestanding sign shall be located closer than 15 feet to a lot
line.
(e)
All of the foregoing shall not be construed to prohibit painted
signs lettered on windows and doors.
(3)
Industrial districts.
(a)
Any sign permitted in residential and Office Professional Districts
shall be permitted.
(b)
Signs must be accessory to the main use, advertising only businesses
conducted on the premises where the sign is located.
(c)
One sign may be attached to the main building advertising the
business or businesses conducted on the premises. Such sign shall
not project more than 12 inches from the building facade to which
it is attached. However, where a sign extends more than three inches
from the face of said wall, the bottom of said sign shall not be closer
than 10 feet from the ground level. Signs attached to a wall of a
building shall not exceed 20% of the area of the wall or 100 square
feet, whichever is less.
(d)
Not more than one freestanding sign per business premises shall
be permitted on any one street frontage. Such sign may be internally
or externally illuminated and shall not exceed 100 square feet in
area. No freestanding sign shall be located closer than 10 feet to
a lot line.
(e)
Billboards and outdoor advertising signs may be permitted only
in the L-I District as a conditional use with the following conditions:
[1]
No billboard shall be permitted within 1,500 feet as measured
from the base of the billboard to any residential zone boundary in
the Borough of South River.
[2]
The minimum distance between billboards along the same side
of the roadway shall be 1,000 feet, measured from the base of the
billboard along the right-of-way line.
[3]
The minimum front yard setback measured at the base of the billboard
shall be 15 feet.
[4]
The minimum side and rear yard setback measured at the base
of the billboard shall be 10 feet.
[5]
No part of the billboard, including copy extensions, may overhang
any property line or public right-of-way. The bottom of any billboard
must not be less than 20 feet above any parking area, driveway or
sidewalk on private property.
[6]
The maximum billboard height, including copy extensions, shall
not exceed 65 feet as measured from the grade at the base of the billboard.
[7]
The maximum billboard sign area facing any one direction shall
be 672 square feet. Copy extensions beyond the basic sign are permitted,
provided that they do not exceed 10% of the basic billboard sign area.
Back-to-back signs are permitted.
[8]
Lighting of any billboard shall be designated to avoid glare
and spillover and to confine the illumination primarily to the sign
face.
[9]
The sign copy and sign face may not imitate or resemble any
official traffic sign, signal or device or include or utilize flashing,
intermittent or moving lights or moving parts.
(f)
Shopping centers in the B-1, B-2, MSR and W-R Zones shall be
governed by these additional regulations:
[1]
A shopping center may have one freestanding, lighted sign identifying
the shopping center, along each road which the tract in question abuts.
[2]
Each individual use may also have a facade sign but may not
have a freestanding sign. However, where uses share a common walkway,
each use served by the walkway may have one additional principal sign
identifying the use, suspended in perpendicular fashion from the roof
over the walkway.
[3]
There shall be a consistent design theme among signs in a shopping
center.
A.
General parking requirements.
(1)
General provisions. Off-street parking, unloading, and service requirements
of this section shall apply and govern all present and future zoning
districts for permitted uses. Except as provided in this section,
no application for a building permit shall be approved unless there
is included with the plan for such building, improvement or use a
site plan showing the required space reserved for off-street parking,
unloading and service purposes. An occupancy permit shall not be issued
unless the required off-street parking, unloading and service facilities
have been provided in accordance with those shown on the approved
plan, except that due to weather conditions paving is not possible,
a permit may be issued, provided that a statement is attached to the
permit specifying a specific period in which improvements shall be
made. Such period of time is not to exceed 120 days. If improvements
are not completed within the prescribed period of time, the permit
is automatically revoked.
(a)
General location. In all nonresidential zones, off-street parking
space may be located in the front, side and rear yards; provided,
however, that no parking area shall be located nearer than five feet
to any property line or 20 feet from any pavement line.
(b)
Connection to a public right-of-way. Each off-street parking,
loading or service area shall be connected to a public street right-of-way
by means of a driveway, and each parking space shall connect to an
aisle providing access thereto.
(c)
Location of driveways. At the intersection of streets, no driveway
shall be located closer than 25 feet to the intersection of the two
curblines or within five feet of any property line.
(d)
Separation from walkways and streets. All off-street parking,
loading and service areas shall be separated from walkways, sidewalks,
streets, or alleys by appropriate protective devices.
(e)
Curbing. Curbing shall be constructed along all parking areas
and shall be in accordance with Borough standards.
(f)
Means of accommodating the handicapped. Handicapped-accessible
or barrier-free parking shall be provided in accordance with the requirements
of the Americans With Disabilities Act.
(g)
Parking provided on the same lot as main building. Off-street
parking areas and appropriate access thereto shall be provided on
the same lot as the main building to be served by such parking.
(i)
Joint parking facilities. The off-street parking and loading
requirements for two or more neighboring uses, of the same or different
types, may be satisfied by the allocation of the required number of
spaces for each use in a common parking facility, provided that the
number of off-street parking spaces is not less than the sum of individual
requirements, and provided further that there be compliance with all
other provisions of this chapter.
(j)
Buffer required when adjoining property is residential. Where
off-street parking, loading or service areas are proposed to be located
closer than 50 feet to a lot in any residential zoning district or
to any lot upon which there exists a dwelling as a permitted use under
these regulations, except where a county highway coincides or is located
between the lot line and the residential district, and where such
parking, loading or service areas are not entirely screened visually
from such lot by an intervening building or structure, there shall
be provided along the lot line a continuous screen of either masonry,
hedging or similar materials or combinations thereof at least four
feet, but not more than six feet, in height, so that lights of vehicles
operating within such area will not shine upon neighboring residential
properties. No such screen shall extend nearer to a street right-of-way
line than the building line of the adjoining residential lot.
(k)
Use of off-street parking spaces for repair of vehicles. No
off-street parking or loading area shall be used for the sale, repair,
dismantling, servicing or storage of any vehicle, equipment, materials
or supplies, except that no more than one vehicle which is being repaired
or reconstructed may be stored on a lot in any residential zone, provided
that said vehicle is registered in the name of a legal occupant of
the premises where it is stored.
(l)
Waiver of parking requirements. If any applicant can clearly
demonstrate to the appropriate board that, because of the nature of
his operation or use, the parking requirements of this section are
unnecessary or excessive, the board shall have the power to waive
the construction of up to 50% of the required number of spaces, provided
that an area sufficient in size to accommodate the waived parking
is reserved and delineated on the site plan as potential parking.
B.
Minimum off-street parking requirements for particular uses are as
follows:
Uses
|
Required Number of Parking Spaces
| |
---|---|---|
Automotive service stations, repair garages and body shops
|
3 for each bay, plus 1 for each fueling position, plus 1 for
each employee
| |
Banks and savings institutions
|
1 for each 100 square feet of floor area exclusive of service
areas or 10 for each teller window, whichever is greater
| |
Houses of worship
|
At least 1 for each 4 seats or 1 for each 100 inches of seating
space when benches rather than seats are used
| |
Clubs, lodges, fraternal or service organizations/institutions
|
1 for every 200 square feet of floor area
| |
Grocery stores, food markets and supermarkets
|
1 per 100 square feet of gross floor area
| |
Delicatessens and bakeries
|
1 per 250 square feet of gross floor area, plus 1 per employee
| |
Barbershops and beauty shops
|
3 for each beautician and barber or 1 for each 150 square feet
of gross floor area and 1 per employee, whichever is greater
| |
Other retail commercial or personal service uses not specifically
listed elsewhere in this section
|
1 for each 150 square feet of floor area where the floor area
does not exceed 2,000 square feet; 1 for each 175 square feet of floor
area where the floor area shall exceed 2,000 square feet
| |
Places of public assembly or theaters
|
1 for each 2 seats, except where a specific amount of seating
is undetermined, then 1 shall be required for each 75 square feet
of assemblage area
| |
Educational and training schools (nonprofit or commercial)
|
1 for each employee, plus 1 for each seat or 1 for each 150
square feet of classroom and laboratories used for instructional purposes,
whichever is greater
| |
Funeral homes and mortuaries
|
1 for each 4 seats in the chapel, plus 1 for each funeral vehicle,
plus those spaces associated with residential use of the structure
if such use exists
| |
Home professional offices (exclusive of a dentist or physician)
|
A minimum of 4 in addition to those required for the residential
use, plus additional facilities as required by the Planning Board
on a case-by-case basis
| |
Laboratory and research uses
|
1 for each 300 square feet of gross floor area
| |
Manufacturing uses
|
1 for each employee on the maximum shift or 1 for each 500 square
feet of gross floor area, whichever is greater
| |
Medical or dental clinics or offices, including home professional
offices
|
5 for each doctor or dentist plus 1 for each 250 square feet
of gross floor area
| |
Motels, hotels, motor lodges and rooming houses
|
1 for each room and, in addition, compliance with the requirements
for each particular additional use located on the property, such as
restaurants, eating and drinking establishments, retail stores, etc.
| |
Nursing homes
|
1 for each 3 beds, plus 1 for each full-time employee
| |
General offices
|
1 for every 200 square feet of floor area
| |
Restaurants, eating and drinking establishments and catering
halls
|
1 for each 2.5 seats provided for patron use or 1 space for
each 75 square feet of retail space exclusive of utility rooms, whichever
is greater
| |
Shopping centers with greater that 5,000 square feet of retail
area
|
6 for each 1,000 square feet of floor area or fraction thereof
| |
Theaters
|
1 for each 3 seats
| |
Wholesale establishments, warehouses, furniture stores
|
1 for each 500 square feet of floor area
|
C.
Minimum required number of loading/unloading berths. One loading
berth shall be provided for any nonresidential use greater than 2,500
square feet. Spaces smaller than 2,500 square feet shall be exempt
from providing a loading space. Facilities greater than 10,000 square
feet shall provide one space per 10,000 square feet.
D.
Minimum design standards.
(1)
Size of required parking spaces.
(a)
Standard parking spaces shall be nine feet in width and 18 feet
in length.
(b)
Parallel curb parking spaces shall measure eight feet in width
and 22 feet in length.
(c)
All angled off-street parking spaces shall measure not less
than 19 feet in length by nine feet in width; width shall be measured
perpendicular to side stall markings.
(2)
Required size of loading/unloading berths. A loading berth shall
have a minimum width of 12 feet and a minimum fifteen-foot overhead
clearance. The length of the loading berth shall be such that the
horizontal distance from the front of a dock for back-in parking to
the limiting boundary of the loading and unloading area shall be not
less than twice the overall length of the longest vehicle expected
to use the facility, but not less than 40 feet in any case.
(3)
General location. In all nonresidential zones, no parking or loading
area shall be located nearer than five feet to any property line.
(4)
Requirements for combined uses. The number of off-street parking
spaces or loading berths required by land or buildings used for two
or more purposes shall be the sum of the requirements for the various
individual uses.
(5)
Parking provided on the same lot as main building. Off-street parking
areas and appropriate access thereto shall be provided on the same
lot as the main building to be served by such parking, except that
the off-street parking requirements for two or more nonresidential
neighboring uses may be satisfied by the allocation of the required
number of spaces for each use in a common parking facility, provided
that the number of off-street parking spaces is not less than the
sum of individual requirements, and provided that an easement is provided
for such common usage and access.
(6)
Connection to a public right-of-way. Each off-street parking, loading
or service area shall be connected to a public street right-of-way
by means of a driveway, and each parking space shall connect to an
aisle providing access thereto.
(7)
Size of nonresidential driveways. All interior driveways, exclusive
of curb-return radii, shall have the following widths: 12 feet for
one-way traffic, 18 feet for two-way traffic with no parking, and
24 feet for all others.
(8)
Location of curb cuts. At street intersections, curb cuts shall be
set back not less than 20 feet from the intersection of the two curblines,
or such lines extended, and shall be set back not less than five feet
from the intersection of two property lines, or such lines extended.
Between the curb returns for any two driveways serving the same property,
there shall be at least 25 feet of curb, except that this distance
may be reduced to as little as five feet where it is demonstrated
that restricted frontage makes this necessary in order to provide
adequate driveways (not more than two) for the property.
(9)
Size of aisles. The width of all aisles providing direct access to
individual parking stalls shall be in accordance with the requirements
set forth below. Only one-way traffic shall be permitted in aisles
serving parking spaces placed at an angle other than 90°.
Parking Angle
(degrees)
|
Aisle Width
(feet)
| |
---|---|---|
0 (parallel parking)
|
12
| |
30
|
12
| |
45
|
14
| |
60
|
18
| |
90 (perpendicular parking)
|
24
|
(10)
Surfacing details. All off-street parking areas and loading/unloading
areas shall be surfaced with bituminous concrete pavement in the following
thicknesses:
(a)
Individual residential driveways shall be paved with 1 1/2
inches FABC-1 over four inches of quarry process stone and bearing
on a suitable subgrade.
(b)
Light traffic areas and car parking stalls shall be paved with
1 1/2 inches FABC-1 over three inches bituminous stabilized base
course bearing on a suitable compacted subgrade approved by the Borough
Engineer.
(c)
Moderate traffic areas for single-unit trucks shall be paved
with two inches FABC-1 over four inches bituminous stabilized base
course bearing on a compaction subgrade approved by the Borough Engineer.
(d)
Heavy industrial traffic areas used by large truck units shall
be paved with two inches FABC-1 over five inches bituminous stabilized
base course bearing on a suitable compacted subgrade approved by the
Borough Engineer.
(11)
Grading, drainage and maintenance. Off-street parking areas
shall be suitably graded and drained with a minimum grade of 0.5%
and a maximum grade of 6%. All such areas shall at all times be maintained
at the expense of the owners thereof.
(12)
Curbing shall be constructed along all parking areas and shall
be in accordance with Borough standards.
(13)
Means of accommodating the handicapped shall be required in
all off-street parking areas.
(14)
Lighting for night use. Adequate lighting shall be provided
if the off-street parking facilities are used at night. Lighting should
provide a minimum of two footcandles at intersections and a total
average illumination of one footcandle throughout the parking area.
Such lighting shall be arranged and installed so as not to create
a hazard or nuisance to adjoining properties or the traveling public
due to reflection or glare.
(15)
Pavement markings and signs. Each off-street parking space shall
be clearly marked by painted lines, being a minimum of two inches
wide, and pavement directional arrows or signs shall be provided wherever
necessary.
(16)
Buffer required when adjoining property is residential. Where
off-street parking, loading or service areas are proposed to be located
closer than 50 feet to a lot in any residential zoning district or
to any lot upon which there exists a dwelling as a permitted use under
these regulations, except where a county highway coincides or is located
between the lot line and the residential district, and where such
parking, loading or service areas are not entirely screened visually
from such lot by an intervening building or structure, there shall
be provided along the lot line a minimum five-foot continuous screen
of either masonry wall, solid woven fencing, evergreen hedging or
similar materials or combinations thereof at least four feet, but
not more than six feet, in height, so that lights of vehicles operating
within such area will not shine upon neighboring residential properties.
No such screen shall extend nearer to a street right-of-way line than
the building line of the adjoining residential lot.
(17)
Prohibited parking in residential zones.
[Added 8-9-2021 by Ord. No. 2021-06]
(a)
All commercially registered vehicles having a gross vehicle weight rating in excess of 14,000 pounds with a model year older than 2014 are prohibited from parking on private property in a residential zone, except as authorized by § 193-10, and excluding commercially registered pickup trucks as set forth in Subsection D(17)(b).
(b)
Commercially registered pickup trucks having 14,000 pounds gross vehicle weight or less with an additional 5,000 pounds for trailer use (Class 4 vehicles) based on the manufacturer's vehicle specifications are permitted to park on private property in a residential zone. Commercially registered pickup trucks, of any weight, which have a trailer, compressor, any sort of tow behind, ladders, forms and/or any other material on overhang racks are prohibited from parking on private property in any residential zone, except as authorized by § 193-10.
(18)
Parking of the following vehicles and equipment shall not be
permitted on any street or highway within the Borough of South River:
(a)
All construction equipment.
(b)
Trucks and trailers, loaded or unloaded, buses and other commercial
vehicles with linear measurements greater than any one of the following:
20 feet in length or seven feet in width, excluding rearview mirrors,
or eight feet in height, excluding radio antenna, and all cabs or
tractors capable of pulling a trailer and commercial low trucks. The
foregoing shall not be applicable to vehicles in the course of making
deliveries or rendering necessary services requested by an adjacent
resident or vehicles utilized for maintenance or repair of public
utilities or other construction within the public right-of-way. Trailers
intended or used for dwelling space, offices, storage or any other
residential, commercial or industrial purposes are also prohibited,
except that nothing herein contained is intended to prohibit the use
of trailers for transportation or as construction offices or for storage
of materials and supplies on a job site during the period of construction.
(c)
Trailers, boat trailers, camp cars, campers or equivalent vehicles,
whether self-propelled or otherwise, used or intended for use as a
conveyance upon public streets or highways and whether or not designed,
constructed or reconstructed or added to by means of accessories,
sheds or tents in such manner as to permit the occupancy thereof as
a dwelling or sleeping place for one or more persons or having no
foundation other than wheels, jacks or skirtings so arranged as to
be integral with or portable by said trailer, boat trailer, camp car,
camper or equivalent vehicle, for a period in excess of 12 hours.
Nothing contained herein is intended to prohibit the parking of vehicles
commonly known as pickup trucks, with or without caps.[1]
[1]
Editor's Note: Former Subsection E, PEP Program, added 9-10-2018 by Ord. No. 2018-20, which immediately followed this subsection, was repealed 8-23-2021 by Ord. No. 2021-13.
A.
Purpose. The intention of these requirements is to enhance the aesthetic
and environmental appeal and character of buildings and sites being
developed within the municipality by ensuring the compatibility of
uses, thereby maintaining the health, safety and general welfare of
the community while preserving property values.
B.
General regulations for all zones.
(1)
Landscaped areas. All areas in a development not used for construction
of buildings, roads, accessways, parking or sidewalks shall be fully
landscaped in accordance with these regulations.
(2)
Site considerations. Natural site features, such as existing trees,
streams, rock outcroppings, etc., shall be preserved wherever possible.
Whenever such natural features are absent or insufficient or have
been destroyed during the development of the site, additional new
plantings of a sufficient size as determined by the municipal agency
shall be established to provide environmental protection to beautify
the buildings and grounds and to provide privacy, shade and the screening
out of objectionable features created on the site.
(3)
Design. Landscape plans shall be required, except for existing single-
and two-family homes, where no plan is required. A foundation planting
on three sides of the dwelling shall be required for all new construction.
(4)
Labeling. All landscape plans shall have a schedule of the Latin
and common name, the quantity, the size, spacing and method of planting
of each plant material.
C.
Buffer regulations for non-single-family zones.
(1)
A minimum landscaped area of five feet in width shall be provided
along all property lines, unless otherwise restricted.
(2)
All buffers and landscaped areas shall be protected from adjacent
parking areas by curbs or concrete, metal or wood bumpers at least
six inches in height and securely anchored into the ground.
(3)
Retaining walls shall not be permitted within buffer areas unless
approved as part of the site plan approval.
(4)
In all zones where non-single-family zone lines abut an R-75 or R-100
single-family residential zone or use, a buffer shall be established
in the above non-single-family zone as follows:
Zoning District
|
Buffer Zone
(feet)
| |
---|---|---|
B-1
|
10
| |
B-2
|
10
| |
O-P
|
10
| |
E-I
|
10
| |
L-I
|
25
| |
MSR
|
10
| |
W-R
|
25
| |
CEM
|
25
| |
PR
|
25
|
(5)
In all zones where a multifamily use abuts an existing commercial
zone or use, a twenty-five-foot buffer must be established and maintained
by the multifamily developer, unless such buffer is already established
along the common boundary of that zone or use.
(6)
In all zones where a commercial zone line abuts a multifamily residential
use, a twenty-five-foot buffer must be established and maintained
unless such buffer is already established and maintained along the
common boundary of that use.
(7)
In all zones where a multifamily use abuts an office or industrial
zone or use, a fifteen-foot buffer shall be established and maintained
unless a greater buffer is already established and maintained along
the common boundary of that zone or use.
D.
Landscape coverage. Minimum landscape coverage limits for structures
shall be as follows:
Zoning District
|
Minimum Landscape Coverage Limit
| |
---|---|---|
R-100 and R-75
|
50%
| |
O-P
|
20%
| |
B
|
20%
| |
MSR
|
0%
| |
W-R
|
30%
| |
L-I
|
30%
| |
CEM and PR
|
80%
| |
E-I
|
50%
|
E.
Street and parking lot shade trees.
(1)
In addition to the trees required to be replaced by this chapter,
street trees shall be required for all streets and there shall be
planted one shade tree for every 50 feet of frontage on proposed right-of-way.
All street trees and on-site deciduous shade trees shall not be less
than 2 1/2 inches in diameter, measured one foot above the root
crown and planted in accordance with the Tree Removal and Woodlands
Management Ordinance.[1]
(2)
The types and locations of shade trees to be planted shall be shown
in the plans submitted to the approving board in conjunction with
the application for development.
F.
Parking lot landscaping.
(1)
For parking lots with 10 spaces or more, parking lot landscaping
shall be provided and consist of:
(a)
A solid row of minimum thirty-six-inch-high evergreen shrub
species surrounding all exposed sides of the parking lot.
(b)
Shade trees, provided on fifty-foot centers around the perimeter
of the parking lot, planted in accordance with the specifications
above and the Tree Removal and Woodlands Management Ordinance.
(c)
Interior parking lot shade trees, planted within landscape islands
and providing one shade tree per 10 spaces.
G.
Tree removal and woodlands management.
(1)
All applications for development shall be subject to compliance with
the Tree Removal and Woodlands Management Ordinance.[2] This chapter shall be in effect when an application has
been made for site plan or subdivision approval.
(2)
The following tree replacement formula shall apply:
(a)
For trees with a dbh equal to or greater than four inches and
less than 16 inches, replacement shall be based upon the total number
of caliper inches removed. Tree replacement for said trees shall be
one-inch caliper replacement for every one-inch caliper removed.
(b)
For trees with a dbh equal to or greater than 16 inches, the
removed tree shall be replaced based upon the following schedule:
Size of Existing Tree
(inches)
|
Number of Replacement Trees
| |
---|---|---|
18 or less
|
3
| |
21 or less
|
4
| |
24 or less
|
5
| |
27 or less
|
6
| |
29 or less
|
7
| |
31 or less
|
8
| |
33 or less
|
9
| |
35 or less
|
10
| |
37 or less
|
11
| |
39 or less
|
12
|
(3)
The species or type of replacement tree and the mix of replacement
tree types (deciduous, coniferous) shall be selected from the species
removed from the tract under consideration or from the recommended
tree species list. Deciduous trees shall be a minimum of 2.5 inches
caliper dbh at the time of planting. Evergreen trees shall be a minimum
of six feet to eight feet high at the time of planting. If Arborvitae
species are proposed, minimum tree height shall be 10 feet at the
time of planting.
(4)
On parcels to be developed where less than 10% of the site is wooded
area, in addition to any trees that must be replaced or provided under
this chapter, there shall be required the addition of one tree for
every 1,000 square feet of new or reconstructed impervious coverage.
Trees incorporated in a landscaping plan or required for rights-of-way
may not be credited toward this requirement.
(5)
The applicant may provide replacement trees on site or via a voluntary
contribution to the Borough of South River Tree Replacement Fund at
a rate of $450 per tree.
[Amended 10-23-2017 by Ord. No. 2017-21]
H.
Utility equipment, dumpster, collection bin screening and landscaping.
Ground level utilities, HVAC equipment, transformers, dumpster enclosures,
donation bin enclosures and similar utilitarian compounds shall be
screened with a minimum six-foot-high solid fence and shall be surrounded
with a five-foot-deep landscape buffer area. Such area shall be heavily
planted with a mix of all-season screening plantings, minimum four
feet high.
A.
Purpose. It is the purpose of this section to provide zoning conditions,
standards and limitations for the location, approval and operation
of wireless communications facilities within the Borough that recognize
the need to safeguard the public good, health, safety and welfare
and preserve the intent and the purposes of the South River Master
Plan.
C.
Statement of findings.
(1)
The Borough recognizes that the federal government, through the FTA
and FCC, regulates wireless communications and issues licenses for
wireless communications and that the FCC requires the license holders
to provide coverage within the areas so licensed.
(2)
The FTA expressly preserves the zoning authority of the Borough to
regulate the placement, construction and modification of personal
wireless service facilities subject to the provisions noted at Section
332(c)(7)(B) of the Federal Telecommunications Act of 1996.[1]
[1]
Editor's Note: See 47 U.S.C. § 332(c)(7)(B).
(3)
The FTA does not abrogate local zoning authority in favor of the
commercial desire to offer optimal service to all current and potential
customers, and the providers of the personal wireless services must
bear the burden of proving that any proposed service facility is the
least intrusive means of filling a significant gap in wireless communications
services in the area.
(4)
It is in the public interest to minimize the number of wireless communications
towers within the Borough and to preserve the nature and character
of the local community.
(5)
It is in the public interest that, to the extent possible, any new
facilities for wireless communications be placed on existing towers
without the construction of new towers.
(6)
It is in the public interest that wireless communications carriers
co-locate their facilities with each other.
(7)
The overall objective of this section is to allow the provision of
wireless communications services while, at the same time, limiting
the number of antennas and supporting towers to the fewest possible
and only in those locations which do not negatively impact the prevailing
character of the Borough and the quality of life enjoyed by the residents.
D.
Specific goals:
(1)
To minimize the total number of wireless communications towers within
the Borough;
(2)
To limit the impact of wireless communications antennas, towers and
related facilities upon the residences and the streetscapes throughout
the Borough;
(3)
To safeguard the prevailing and visual landscapes, character and
development throughout the Borough, with particular emphasis on maintaining
the prevailing character of the residential zoning districts and neighborhood
areas;
(4)
To discourage the construction of new towers;
(5)
To encourage the location of antennas upon or within existing structures,
including existing towers, buildings and tanks;
(6)
To encourage the co-location of antennas and facilities on the fewest
number of existing structures within the Borough;
(7)
To encourage the communications carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and viewsheds through careful design,
landscape screening and innovative camouflaging techniques;
(8)
To encourage the use of alternative technologies which do not require
the use of towers or require towers at relatively lesser heights;
(9)
To enhance the ability of wireless communications carriers who adhere
to the letter and intent of the provisions of this section to provide
such services quickly, effectively and efficiently;
(10)
To comply with the mandate of the FTA, 47 U.S.C. § 332(c)(7),
which preserves local government authority to enforce zoning requirements
that protect public safety, public and private property and community
aesthetics; and
(11)
To ensure that the location and positioning of towers protects
the public from damage or injury and protects the public health, safety
and welfare from adverse impacts related to the construction and operation
of towers and other wireless communications facilities.
E.
Exemptions of amateur radio services. This section shall not apply
to any tower or the installation of any antenna that is under 70 feet
high and is owned and operated only by a federally licensed amateur
radio station operator or is used exclusively to receive transmissions
or any municipal, state, federal emergency service agency operating
a communications tower for the sole purpose of emergency communications.
F.
Location of wireless communications antennas. Wireless communications
antennas may be located only as set forth in the two prioritized locations
below, based on the policy recommendations of the Wireless Communications
Facilities Plan found in the South River Master Plan:
(1)
Priority locations. The first priority locations for wireless communications
antennas shall be on the existing towers and tanks within the Borough.
Antennas so located shall be permitted uses and require site plan
approval. No height variance shall be required.
(2)
Nonpriority locations. All proposed wireless communications facilities
not located at a priority location shall be considered as a nonpriority
location. Antennas so located are not a permitted use and will require
use variance approval as well as site plan approval.
G.
Requirements for priority locations.
(1)
Notwithstanding any provision of the Land Development Ordinance provisions
of the Borough to the contrary, location and height of antenna(s)
on or within any of the existing structures within the Borough and
any accessory shelters enclosing the related electronic equipment
shall be considered permitted uses in the subject zoning district
and, therefore, shall require site plan approval in accordance with
N.J.S.A. 40:55D-67 of the Municipal Land Use Law.
(2)
The location and height of the antenna(s) on or within any of the
existing structures within the Borough and any accessory shelter(s)
enclosing the related electronic equipment shall require site plan
approval.
(3)
The height of any proposed antenna extending above any existing structure
shall not exceed 10 feet, and all antennas shall be flush-mounted,
panel or dish antennas totaling no more than 12 in number per carrier.
(4)
The total number of antennas per tower, inclusive of all carriers,
shall not exceed 60 antennas.
(5)
Any and all facilities constructed shall maximize the use of materials,
colors and textures designed to blend with the structure to which
it may be affixed and to blend with, to the extent practicable, the
surrounding buildings and area.
H.
Requirements for nonpriority locations. The following information
shall be submitted for site plan approval, and in order to be deemed
complete, the following documentation shall be included:
(3)
Crane or balloon test. During the public hearing process, the applicant
shall schedule the time for a crane or balloon test in order to provide
the members of the Planning Board or Zoning Board of Adjustment, as
the case may be, and the general public the opportunity to view a
crane or balloon at the location and height of the proposed tower.
Thereafter, a visual sight distance analysis shall be prepared by
the applicant and presented to the Board, including photographic reproductions
of the crane or balloon test graphically simulating the appearance
of the proposed tower with at least three antenna arrays attached
thereto and from at least 10 locations around and within one mile
of any proposed tower where the tower will be most visible.
I.
Overall comprehensive plan required for nonpriority locations.
(1)
In order to effectuate the purposes, objectives and goals of the
provisions of this section, any applicant for approval to erect a
new supporting tower for wireless communications antennas shall provide
threshold evidence that the proposed location of the tower and antennas
has been planned to result in the fewest number of towers within the
Borough at the time full service is provided by the applicant.
(2)
The applicant shall provide an overall comprehensive plan indicating
how it intends to provide full service within and around the Borough
and, to the greatest extent possible, shall indicate how its plan
specifically relates to and is coordinated with the needs of all other
providers of wireless communications services within and around the
Borough.
(3)
The overall comprehensive plan shall indicate the following, and
this information shall be provided at the time of the initial submission
of the application:
(a)
The mapped location and written description of all existing
and approved supporting towers for all providers of wireless communications
services within one mile of the subject site, both within and outside
the Borough;
(b)
The mapped location and written description of all existing
or approved water towers or water standpipes and existing power line
stanchions within one mile of the subject site both within and outside
the Borough;
(c)
Why proposed existing antennas could not be located on any of
the structures either within or outside the Borough;
(d)
How the proposed location of the proposed antennas specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the Borough by the applicant and by other
providers of wireless communications services within the Borough,
including the number of additional wireless communications carriers
that would be permitted to co-locate on the proposed facilities;
(e)
How the proposed location of the proposed antennas specifically
relates to the objective of co-locating the antennas of many different
providers of wireless communications services on a single supporting
structure; and
(f)
How the proposed location of the proposed antennas specifically
relates to the overall objective of providing adequate communications
services within the Borough while, at the same time, limiting the
number of towers to the fewest possible, including alternate technologies
which do not require the use of towers or require towers at a lesser
height.
J.
Area and setback requirements for nonpriority locations.
(1)
The proposed tower, antennas and ancillary related electronic equipment
shall be located on a land area of no less than 15,000 square feet;
(2)
The minimum required land area shall either be a separate undeveloped
lot or a leased portion of an existing undeveloped or developed lot;
(3)
The proposed tower, antennas and related equipment, any approved
building housing the electronic equipment and any approved camouflaging
of the tower shall be the only land uses located on the subject land
area, whether said land area is a separate lot or a leased portion
of a lot; and
(4)
Except for any access driveway into the property, required landscaping
and any underground utility line reviewed and approved by the Planning
Board or Zoning Board of Adjustment, as appropriate, no building,
tower, other structure and/or disturbance of land shall be permitted
within 200 feet of any street line and within 500 feet of any lot
line of any adjacent property, provided that, in any case, no building,
tower, other structure and/or land disturbance shall be located within
750 feet of any historic residential or school site as duly designated
by the Borough, the State of New Jersey and/or by the federal government.
K.
Design requirements for nonpriority locations.
(1)
All towers shall be a monopole design.
(2)
All towers shall be camouflaged (e.g., housed in a silo, bell tower,
etc., or made to look like a tree or non-oversized flagpole) as may
be appropriate in the context of the visibility of the tower from
different vantage points throughout the Borough and the existing land
uses and vegetation in the vicinity of the subject site.
(3)
The height of any proposed new tower and the antennas attached thereto
shall not exceed 125 feet from the existing ground level beneath the
tower.
(4)
No signage is permitted except for such information signs deemed
necessary for safety purposes by the Board.
(5)
Minimal off-street parking shall be permitted as needed and as specifically
approved by the Board.
(6)
No lighting is permitted on a tower, except lighting that is specifically
required by the FCC and FAA, and any such required lighting shall
be focused and shielded to the greatest extent possible so as not
to project towards adjacent and nearby properties. The applicant shall
provide the Board all applicable FCC and FAA standards regarding lighting
that apply to a proposed tower, including, but not limited to, the
lighting color, elevation of lighting and whether the lighting is
to be continuous or strobe lighting.
(7)
Individual shelters for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following design criteria:
(a)
Any proposed shelter enclosing required electronic equipment
shall not be more than 15 feet in height nor more than 250 square
feet in area, and only one such shelter shall be permitted for each
provider of wireless communications services located on the site;
(b)
No electronic equipment shall interfere with any public safety
communications;
(c)
All of the electronic equipment shall be automated so that the
need for on-site maintenance and the commensurate need for vehicular
trips to and from the site will be minimized;
(d)
All of the required electronic equipment for all anticipated
communications carriers to be located on the subject site shall be
housed within a building of 1 1/2 stories, which building shall
not exceed 1,000 gross square feet in area and 15 feet in height and
which shall be designated with a single-ridge, pitched roof with a
residential or barnlike appearance; and
(e)
The building may have one light at the entrance to the building,
provided that the light is attached to the building, is focused downward
and is switched so that the light is turned on only when workers are
at the building.
(8)
Between the location of the tower and the building enclosing related
electronic equipment and any public street or residential dwelling
unit or residential zoning district within view of the tower and the
building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or
newly planted evergreen and deciduous trees and shrubs of sufficient
density to screen the view of the tower, particularly as its base,
to the maximum extent reasonably possible and to enhance the appearance
of the building from the surrounding residential properties and any
public street;
(b)
The landscaping plan shall be prepared by a licensed landscape
architect, who shall present testimony to the Board regarding the
adequacy of the plan to screen the tower from view and to enhance
the appearance of the building; and
(c)
Any newly planted evergreen trees shall be at least eight feet
high at time of planting, and any newly planted deciduous trees shall
be a minimum caliper of three inches at the time of planting.
L.
Additional conditions for nonpriority locations:
(1)
Documentation by a qualified expert that any proposed tower will
have sufficient structural integrity to support the proposed antennas
and the anticipated future co-located antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunications Industry Association (TIA) have
been met;
(2)
Co-location. A statement by the applicant that the owner of the tower
and the operator of the wireless communications facilities, and his
or her successors in interest, shall negotiate on good faith for the
shared use of the proposed tower by other wireless communications
service providers in the future and shall reasonably respond to requests
for information regarding potential co-location by other wireless
communications carriers and shall permit such co-location upon reasonable
terms and conditions; and
(3)
The applicant (and the landowner in the instance of a leased property)
shall provide a performance bond and/or other assurance satisfactory
to the Planning Board or Zoning Board of Adjustment, as the case may
be, in a form approved by the Borough Attorney, that will cause the
antennas, any supporting tower, the electric equipment cabinets, any
building enclosing the electronic equipment shelters, and all of the
other related improvements to the land to be removed, at no cost to
the Borough, when the antennas are no longer operative. Any wireless
communications facility not used for its intended and approved purpose
for a period of six months shall be considered no longer operative
and shall be removed by the responsible party within 60 days thereof.
M.
Locational preferences for new towers. The following are not conditions,
standards and limitations for the location of wireless communications
towers but represent the preferences of the Borough:
(1)
To the greatest extent possible, no tower shall be located to be
visible from any historic site as duly designated by the Borough,
by the State of New Jersey and/or by the federal government.
(2)
To the greatest extent possible, no tower shall be located to be
visible from any public street.
(3)
To the greatest extent possible, any tower shall be located behind
existing buildings and/or natural topographical elevations in order
to screen the tower from view from adjacent properties and from any
street right-of-way.
N.
All other applicable requirements of this section not contrary to
the conditions, standards and limitations specified herein shall be
met, but waivers and/or variances of such other applicable requirements
may be granted by the Planning Board or the Zoning Board of Adjustment,
as the case may be.
A.
Purpose. It is the purpose of this section to provide zoning conditions,
standards and limitations for the location, approval and operation
of solar panels, arrays, rooftop facilities and array facilities within
the Borough that recognize the need to safeguard the public good,
health, safety and welfare and preserve the intent and the purposes
of the South River Master Plan.
C.
Statement of findings.
(1)
Solar energy production is a use which is universally considered
of value to the community because it fundamentally serves the public
good and promotes the general welfare.
(2)
The Borough recognizes that production of renewable sources of energy
serves as an important part of the green economy.
(3)
It is in the public interest that solar energy production facilities
will locate or co-locate their facilities on existing developed areas.
(4)
It is in the public interest that, to the extent possible, any new
facilities for solar production be located on existing rooftops and
open areas.
(5)
It is in the public interest to minimize the visual impact of solar
energy production facilities in the Borough and to preserve the nature
and character of the local community.
D.
Panel regulations.
(1)
Pursuant to N.J.S.A. 40:55D-66.11 of the Municipal Land Use Law,
such renewable energy facilities on a parcel or parcels of land comprising
20 or more contiguous acres that are owned by the same person or entity
shall be a permitted principal use within every industrial district
in the Borough.
(2)
All solar panels themselves shall be exempt from zoning limitations
on impervious cover; however, the base or foundation of a solar panel
may still be regulated as impervious cover.
(3)
Solar or photovoltaic energy facilities or structures in all zoning
districts of the Borough shall be considered inherently beneficial
uses as defined by the Municipal Land Use Law.
(4)
When installed at a location with an existing principal use, solar
facilities shall be considered as an accessory use and shall be a
permitted accessory use in all nonresidential zones of the Borough.
Such solar facilities shall be maintained as an accessory.
E.
Site plan requirement.
(1)
Solar panels proposed on single- and two-family residential dwellings
shall be exempt from site plan review; however, no such solar panel
shall be erected without the approval the Construction Official.
(2)
Proposed solar panels on all other rooftops, ground arrays, carports
or similar facilities shall require site plan approval in accordance
with N.J.S.A. 40:55D-67 of the Municipal Land Use Law.
F.
Bulk requirements. Notwithstanding any provision of the Land Development
Ordinance provisions of the Borough to the contrary, the following
location and height restrictions on shall apply to all panels and
equipment:
(1)
The height of any roof-mounted panels shall be no greater than three
feet above the highest point of the roof.
(2)
The
height of any ground-mounted antenna shall not exceed five feet in
height to the top of the panel when the panels are positioned at their
maximum angle.
(3)
The
height of any carport structure shall not exceed 12 feet in height
to the top of the structure.
(4)
No
panel or equipment structure shall be located in any required front,
side or rear yard setback area.
G.
Screening requirements. To the greatest extent possible, all solar
panels and ground-mounted equipment or utility cabinets shall be fully
screened from the public right-of-way with a combination of solid
fencing and landscaping.
H.
Maintenance plan requirement. Upon application to the appropriate
board, the applicant shall submit a maintenance plan for any proposed
solar facility, indicating the details of regular maintenance, operation,
safety details and the lifespan of the facility.
A.
Performance standards.
(1)
General intent. As a condition to an approval or the continuance
of any building, process, installation, construction, production or
other use in any zone, the applicant shall supply evidence, satisfactory
to the Planning Board, that the proposed use will conform fully with
all the applicable performance standards stated herein. As evidence
of compliance, the Board may require certification of tests by appropriate
government agencies or by recognized testing laboratories, with any
cost thereof to be borne by the applicant. The Planning Board may
require the specified types of equipment, machinery, or devices be
installed and that specific operating procedures or methods be followed,
if government agencies or testing laboratories determine that the
use requires such in order to assure compliance with applicable performance
standards.
(2)
Standard requirements.
(a)
Smoke control.
[1]
No smoke shall be emitted from any chimney or other source as
visible gray greater than No. 1 on the Ringlemann Smoke Chart as published
by the U.S. Bureau of Mines.
[2]
Smoke of a shade not darker than No. 1 on the Ringlemann Smoke
Chart may be emitted for not more than four minutes in any 30 minutes.
[3]
These provisions, applicable to visible gray smoke, shall also
apply to visible smoke of a different color but with an equivalent
apparent opacity.
(b)
Control of dust and dirt, fly ash, fumes, vapors and gases.
[1]
No emission shall be made which can cause any danger to health,
to animals or vegetation or to other forms of property or which can
cause excessive soiling at any point.
[2]
No emission of liquid or solid particles from any chimney or
device 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 combustion, standards correction shall be applied to a stack
temperature of five-hundred-percent excess air.
(c)
Control of odors. There shall be no emission of odorous matter
in such quantities as to be offensive. Any process which may involve
the creation or emission of any odors shall be provided with a secondary
safeguard system so that control will be maintained. As a guide in
determining offensive odors, Table II (Odor Thresholds) in Chapter
5, "Air Pollution Abatement Manual," copyrighted 1951 by Manufacturing
Chemists Association, Inc., Washington, D.C., shall be used.
(d)
Electricity. Electronic equipment shall be shielded so there
is no interference with any radio or television reception beyond the
operator's property as the result of the operation of such equipment.
(e)
Heat. Sources of heat, including but not limited to steam, gases,
vapors, products of combustion or chemical reaction, shall not discharge
onto or directly contact structures, plant life or animal life on
neighboring uses or impair the function or operation of a neighboring
use. No use, occupation, activity, operation or device shall cause
an increase in ambient temperature as measured on the boundary between
neighboring uses.
(f)
Radioactivity. No use, activity, operation or device concerned
with the utilization or storage of radioactive materials shall be
established, modified, constructed or used without having first obtained
valid permits and certificates from the Office of Radiation Protection,
New Jersey Department of Environmental Protection. Proof of compliance
with this requirement shall be the submission of duplicate copies
of said permits and certificates.
(g)
Glare. Any process producing intense glare or the flashing of
lights shall be performed within a completely enclosed building in
such manner that no discomforting glare shall be disseminated beyond
the building. Parking and loading and unloading areas that are in
use after dark shall be so situated as to provide maximum shielding
and concealment of lighting from adjoining properties. Lighting of
any sign, building exterior, fountain or decorative fixture shall
be placed in such a manner that it is directed toward the object to
be lighted and does not disseminate glare. This section shall not
be construed to prohibit lighting required by police or other enforcement
agencies for the safety and protection of employees and of the general
public.
(h)
Noise and vibration. All uses and activities shall comply with
noise and vibration standards promulgated by the New Jersey Department
of Environmental Protection. Further, no use shall cause an increased
vibration beyond the limits of the property on which located nor increase
the ambient noise levels present at boundaries of the site nor cause
intermittent or point audible noise or noise vibration to adversely
impact adjoining property.
[1]
Standard. Ground-transmitted vibrations shall be measured with
a seismograph or complement of instruments capable of recording vibration
displacement and frequency in the three mutually perpendicular directions
simultaneously.
[2]
Vibration level restrictions. Vibration levels shall not exceed
a particular velocity of 0.05 inch per second in any district. During
the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration
levels shall not exceed a particle velocity of 0.02 inch per second.
Measurements shall be made at the points of maximum vibration intensity
and on or beyond adjacent lot lines or neighboring uses, whichever
is more restrictive.
(i)
Airborne emissions. In all districts, no use, activity, operation
or device shall be established, modified, constructed or used without
having first obtained valid permits and certificates from the Bureau
of Air Pollution Control, New Jersey Department of Environmental Protection,
pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation
or device shall be established, modified or constructed without a
valid permit to construct. No use, activity, operation or device shall
be operated, occupied or used without a valid certificate to operate
control apparatus or equipment. Proof of compliance with this requirement
shall be the submission of duplicate copies of the permit to construct
and certificate to operate.
(j)
Noise emissions. The noise standards as adopted, amended and
enforced by Middlesex County, which are adopted herein by reference
and included in their entirety in this chapter.
(k)
Industrial waste. No industrial waste shall be discharged into
the public sewage collection and disposal system unless the appropriate
officials of the Borough of South River shall have first investigated
the character and volume of such waste and shall have certified that
it will accept the discharge of the waste material into the system.
The applicant shall comply with any requirements of the Borough, including
the pretreating of such wastes, control of pH and other methods of
improving such wastes prior to discharge, as a condition of acceptance
by the Borough.
(l)
Outdoor storage and waste disposal.
[1]
In all districts permitting an operation, use or any activity
involving the manufacture, utilization or storage of flammable, combustible
and/or explosive materials, such operation shall be conducted in accordance
with the regulations promulgated by the Department of Labor and Industry
of New Jersey or the Fire Code of the National Fire Protection Association,
whichever is more restrictive.
[3]
All outdoor storage facilities for fuel, raw materials and products
stored outdoors, wherever permitted, shall be enclosed by a conforming
safety fence and visual screen and shall conform to all yard requirements
imposed upon the principal building in the district and storage regulations
of the National Fire Protection Association.
[4]
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transferred off the lot by natural
causes or forces, nor shall any substance which can contaminate a
stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
[5]
All material or wastes which may cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only in closed containers.
[6]
No flammable or explosive liquids, solids or gases shall be
stored in bulk above the ground; however, tanks or drums of fuel directly
connecting with energy devices, heating devices, or appliances located
on the same lot as tanks or drums of fuel are excluded from this provision.
(m)
Fire protection.
[1]
Provision shall be made for fire hydrants along streets, together
with standpipe and sprinkler connections on the outside walls of nonresidential
structures as approved by the Municipal Fire Department and Municipal
Engineer in accordance with Insurance Services Office standards.
[2]
Fire lanes 18 feet in width shall be required across the front and
rear of all new residential, institutional, commercial and industrial
uses with gross floor area in excess of 10,000 square feet. Similar
fire lanes are recommended for design along the sides of all new commercial
and industrial uses. Parking shall be strictly prohibited in all fire
lane areas.
[3]
Hydrant spacing shall not exceed 400 feet between any hydrants and
any building when measured along the street right-of-way.
(n)
Public utilities. All public services shall be connected to approved
public utilities systems where they exist.
[1]
The developer shall arrange with the servicing utility for all underground
installation of the utility's distribution supply lines and service
connections 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.
[2]
The developer shall submit to the approving authority, prior to the
granting of final approval, a written instrument from each serving
utility which shall evidence full compliance or intended full compliance
with the provisions of this section; provided, however, that lots
which abut existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines, but the service connections from the utilities' overhead lines
shall be installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the development and necessitate the replacement,
relocation or extension of such utilities, such replacement, relocation
or extension shall be underground.
[3]
Where natural foliage is not sufficient to provide year-round screening
or any utility apparatus appearing above the surface of the ground,
other than utility poles, the applicant shall provide sufficient live
screening to conceal such apparatus year round.
[4]
Any installation under this section to be performed by a servicing
utility shall be exempt from the requirement of performance guarantees
but shall be subject to inspection and certification by the Municipal
Engineer, unless specifically and documentably exempt by operation
of state law.
(o)
Public utility installations.
[1]
Cellular communications towers. No cellular communications tower
shall be located within a minimum distance of 1,000 feet of a residential
structure, public park or school.
[2]
Exemptions. Notwithstanding the above, communications towers used
for the following purposes are hereby specifically exempted in the
requirements of this chapter:
(p)
Additional standards and references. In order to satisfy itself that
the applicant will comply fully with all of the applicable performance
standards, the Planning Board or its designated representative may
examine and refer to any or all of the available standards, codes,
regulations and requirements of the federal, state, County or local
government and recognized professional organizations, associated and
societies.
(q)
Testing Procedures and Technical Assistance. In all cases where the
Planning Board shall deem that it is advisable to determine whether
or not the facility will be in conformance with applicable performance
standards, the Planning Board or its designated representatives shall
require adequate testing procedures and shall utilize expert assistance
at the expense of the applicant.
A.
Plats. No construction of any building, dwelling or structure shall
be commenced before an application for a building permit under this
chapter shall be made to the Construction Official. The application
shall be accompanied by a plat or plan of the site, in duplicate,
drawn to scale, showing the following: the dimensions of the lot to
be built upon, the location of and accurate dimension of the proposed
building and all existing structures of the site, the intended use
of the proposed building and all existing structures, the number of
stories in the building, the number of families the building is designed
to accommodate, dimensions of yards, the established building lines
within the block, proposed improvements to the lot, such as sidewalks
and curbs, existing road and lot elevation, proposed finished floor
elevation of the lowest floor, the proposed location of water and
sewer services and such other information as may be required by the
office of the Construction Official to provide for the enforcement
of this chapter.
B.
Permits.
(1)
No land shall be occupied or used and no building shall be hereafter
erected, extended, moved or altered until a building permit shall
have been issued by the Construction Official. Applications for building
permits shall be made to the office of the Construction Official.
(2)
It shall constitute a violation of this chapter for any person, firm
or corporation, either owner or agent, to erect or move any building
for which a building permit is required under the provisions of this
section or to commence any excavation for any such building without
first having obtained said building permit. Any such building permit
issued upon a false statement of any fact which is material to the
issuance thereof shall be void. Whenever the fact of such false statement
shall be established to the satisfaction of said Construction Official,
he shall forthwith revoke the permit by notice, in writing, to be
delivered by him to the owner or, if such holder not be found there,
by posting said notice of revocation in some conspicuous place upon
said premises. Any person who shall proceed thereafter with such work
or use without having obtained a new permit in accordance with the
provisions of this chapter shall be deemed guilty of a violation thereof.
(3)
Work shall be initiated and diligently pursued toward completion
within a year from the date of issuance of any permit for the construction
of any structure. Upon failure to do so, the permit shall become void
one year after date of issuance.
C.
Certificates of occupancy.
(1)
It shall be unlawful for an owner to use or permit the use of any
building or premises or part thereof hereafter created, located, erected,
changed, converted or enlarged wholly or partly until the Construction
Official has issued a certificate of occupancy for that premises certifying
that the structure or use complies with the provisions of this chapter.
A new certificate of occupancy shall be required for any change in
use.
(2)
A certificate of occupancy, either for the whole or part of a building,
shall be applied for at the same time as the application for a building
permit and shall be issued immediately after the erection or alteration
of such building shall have been completed in conformity with the
provisions of this chapter and in conformity with the provisions of
all other applicable ordinances.
(3)
In case the Construction Official shall decline to issue a certificate
of occupancy, his reasons for doing so shall be so stated on one copy
of the application, and that copy shall be returned to the applicant.
(4)
Upon written request from an owner or tenant, the Construction Official
shall issue a certificate of occupancy for any building or use of
land existing at the time of enactment of this chapter, certifying,
after inspection, the extent and kind of use made of the building
and whether such use conforms to the provisions of this chapter. Such
a certificate shall be issued without charge within six months of
the enactment of this chapter for any nonconforming use or building.
(5)
The Construction Official may issue a temporary certificate of occupancy
for use of land or building which is related to the development of
the property for its permitted use. Such permits may be issued for
a six-month period, and no more than one six-month extension may be
granted.
See Chapter 155, Fees, in this Code.
A.
Repealer. All sections of any other ordinance of the Borough of South
River which contain provisions contrary to the provisions of this
chapter shall be and are hereby repealed to the extent of such inconsistency.
B.
Provisions continued. Pursuant to the provisions of N.J.S.A. 40:55D-90b,
the substantive provisions of the existing Land Subdivision Ordinance,
Zoning Ordinance and Site Plan Review Ordinance of the Borough of
South River and the development regulations set forth therein are
hereby specifically readopted as interim ordinances and shall continue
in full force and effect until such time that the ordinance provisions
contained herein shall take effect according to law.
C.
Severability. If any section, subsection or paragraph of this chapter
shall be declared to be unconstitutional, invalid, or inoperative
in whole or in part by a court of competent jurisdiction, such section,
subsection or paragraph shall to the extent that it is not unconstitutional,
invalid or inoperative remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraphs of this chapter. To this end, the provisions
of each section, subsection, or paragraph of this chapter are hereby
declared to be severable.
D.
Filing of development regulations.
(1)
Immediately upon adoption of this chapter, the Borough Clerk shall
file a copy of this chapter, including the Official Zoning Map of
the Borough, all other relevant development regulations relating to
land use, and any amendments or revisions thereto, with the County
Planning Board as required by law.
(2)
Copies of all development regulations and revisions or amendments
thereto shall be filed and maintained in the office of the Borough
Clerk.
E.
Effective date. This chapter shall take effect 20 days subsequent
to passage and publication according to law.
A.
Administration and enforcement.
(1)
Enforcement official. The provisions of this chapter shall be administered
and enforced by the Zoning Officer/Construction Official/Bureau of
Code Enforcement (Official). That official may be provided with the
assistance of such other persons as the governing body may direct.
(a)
This chapter shall be enforced by the above officer, who is
empowered to cause any building, structure, place or premises to be
inspected and examined and to order the abatement or correction of
any condition or threat found to exist therein in violation of any
provisions of these regulations. The owner or agent of a building
or premises where a violation of any provision of this chapter shall
have been committed or shall exist or the lessee or tenant of any
part of the building or premises in which such a violation shall have
been committed or shall exist or the agent, architect, building contractor
or any other person who shall commit, take part in or assist in any
such violation or shall maintain any building or premises in which
any violation of this chapter shall exist shall be guilty of a violation
of this chapter. Upon discovery of any violation, the Compliance Officer
of the Bureau of Code Enforcement is empowered to issue a summons
concerning such.
(b)
The Official shall order discontinuance of illegal use of land,
buildings, or structure; removal of illegal buildings or structures
or of additions, alterations or structural changes thereto; discontinuance
of any illegal work being done; or shall take any other action authorized
by this chapter to ensure compliance with or to prevent violation
of its provisions, pursuant to applicable enabling statues.
(c)
The Official shall have the right to enter any building or premises
during the daytime in the course of his duties and shall notify in
writing the person responsible for such violations, indicating the
nature of the violation and ordering in writing the remedying of any
conditions found to exist in violation of any provision of this chapter,
or in the alternative, order prosecution of any violation as provided
for by this chapter. The stated violation shall then be corrected
by action of the violating party, and a second inspection and approval
shall be accomplished within 30 days.
(d)
Records. It shall be the duty of the Official to keep a record
of all applications for zoning permits, a record of all permits issued,
and a record of all building permits and certificates of occupancy,
together with a notation of all special conditions involved and record
all of complaints and actions taken. He shall file and safely keep
copies of all plans submitted, and the same shall form a part of the
records of his office and shall be available for the use of the governing
body and of other officials of the Borough. The Official shall prepare
a monthly report for the governing body summarizing for the period
since his last previous report all zoning permits and certificates
issued by him. A copy of each such report shall be filed with the
Tax Assessor at the time it is filed with the governing body.
(e)
In no case shall a permit be granted for construction, alteration
or use thereof that would be in violation of any provision in this
chapter.
B.
Compliance.
(1)
Minimum requirements. The provisions of this chapter shall be held
to be minimum requirements, adopted for the promotion of the public
health, safety, morals and general welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations, ordinances, deed restrictions
or covenants, the most restrictive or that imposing the higher standards
shall govern.
(2)
Compliance required.
(a)
All zoning requirements shall be met at the time of any erection,
enlargement, moving or change in use. If a new structure is added
to an existing complex of structures or if an existing structure has
an addition, the site plan provisions of this chapter shall apply
to the enlargement or new structure.
(b)
All developments resulting from subdivisions and site plan approvals
shall comply with all design and performance standards, including
conditions imposed by the approving authority, as shown on the approved
plat and/or included in the resolution adopted by the approving Board.
(c)
Construction and use is to be as provided in applications, plans,
permits and certificates of zoning compliance. Building permits or
certificates of zoning compliance issued on the basis of plans and
applications approved by the Official authorize only the use, arrangement
and construction set forth in such approval plans and applications
and no other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized shall be deemed a violation
of this chapter.
(d)
When an applicant fails to comply or deviates significantly
from any approved plans filed with the approving board, the Official
shall have jurisdiction to review the aforementioned deviation. If
the Official is of the determination that the deviation is minor and
insignificant and provided the deviation does not change the intent
of the approved use, plans and resolution, the Construction Official
may approve the deviation. If the Official is of the determination
that the deviation will result in a substantial change to the approved
use, plans and resolution, the applicant shall be required to submit
plans showing all proposed revisions to the original approving board.
The Official shall make and file a report with the approving board
noting all deviations and reasons for the Official's decision.
C.
Permits and approvals.
(1)
Conformity required. No zoning permit, building permit or certificate
of occupancy shall be issued for any parcel of land or structure which
was sold on which improvements were undertaken in violation of the
provisions of this chapter or for the use of a lot which was created
by subdivision after the affective date of, and not in conformity
with, the provisions of this chapter. No site improvements, such as
but not limited to excavation or construction, shall commence unless
in conformity with this chapter and in accordance with plat approvals
and the issuance of required permits.
(2)
Zoning permit.
(a)
For any development application, it shall be unlawful to use
or occupy or permit the use or occupancy of any building or premises,
or both, or part thereof, hereafter created, erected, changed, converted
or wholly or partly altered or enlarged in its use or structure, until
a certificate of zoning compliance shall have been issued therefor
by the Zoning Officer/Official, stating that the proposed use of the
building or land conforms to the requirements of this chapter and
adequate planning standards.
(b)
The certificate of zoning compliance shall be issued by the
Official, stating that the proposed use of the building or land conforms
to the requirements of this chapter and adequate planning standards.
(c)
No certificates of zoning compliance shall be issued by the
Zoning Officer/Official unless the application for the said certificate
is in conformity with all the provisions of this chapter or has been
duly exempted by variance.
(d)
A zoning permit shall be issued by the Zoning Officer/Official
before the issuance of either of a certificate of occupancy to a new
occupant of an existing building or portion of an existing building
or a building permit.
(e)
Failure to obtain a certificate of zoning compliance shall be
a violation of this chapter.
(3)
Building permit.
(a)
No permit for erection, construction, alteration, extension,
enlargement, movement, remodeling, conversion, destruction or repair
of any building shall be issued unless in accordance with the provisions
of this chapter. No construction permits shall be issued until all
required approvals from all agencies with jurisdiction have been secured
and submitted to the Borough.
(b)
Expiration of building permit.
[1]
If the work described in any building permit has not commenced
within 90 days from the date of issuance thereof, said permit shall
expire and be canceled by the Construction Official, and written notice
thereof shall be given to the persons affected.
[2]
If the work described in any building permit has not been substantially
completed within two years of the date of issuance thereof, said permit
shall expire and be canceled by the Official, and written notice thereof
shall be given to the persons affected, together with notice that
further work as described in the canceled permit shall not proceed
unless and until a new building permit has been obtained.
[3]
If any such permit has been authorized and not lifted from the
office of the Official and executed by the applicant within a period
of six months from the date of authorization, then such authorization
shall be null and void, and no permit shall be issued thereunder.
(4)
Certificate of occupancy.
(a)
It shall be unlawful to use or permit the use of any building
or part thereof hereafter created, changed, converted, altered or
enlarged wholly or in part, until a certificate of occupancy shall
have been issued by the Official.
(b)
No certificate shall be issued unless: the land, building and
use thereof comply with the provisions of this chapter; all matters
incorporated on the approved subdivision or site plan have been completed
and certified by the Borough Engineer; and the Building and Health
Codes are complied with.
(c)
In cases involving the new use of an existing structure, no
certificate of occupancy for the new tenant be issued until a zoning
permit has been issued.
(d)
On the serving of notice by the Official to the owner of any
violation of any of the provisions or requirements with respect to
any building or use thereof or of land, as specified in this chapter,
the certificate of occupancy for such use shall be deemed to be in
violation of this chapter and subject to the penalties hereinafter
prescribed. A new certificate shall be required for any further use
of such building or land.
(e)
Each nonresidential change of use shall secure a mercantile
license pursuant to other applicable codes of the Borough.
D.
Violations and penalties.
(1)
Complaints of violation. Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a written complaint.
Such complaint stating fully the causes and basis thereof be filed
with the Official. The Official shall record properly such complaint,
immediately investigate and take action thereon as provided by this
chapter.
(2)
Violation.
(a)
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained, or any building, structure or land
is used, in violation of this chapter or of any other ordinance or
regulation made under authority conferred hereby, the proper local
authorities of the Borough or an interested party, in addition to
other remedies, may institute any appropriate legal action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent any illegal act, conduct, business or use
in or about such premises.
(b)
Separate violations. Except as otherwise provided, each and
every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
(3)
Penalties.
(a)
Any person who violates this chapter or fails to comply with
any of its requirements shall, upon conviction thereof, be fined no
less than $1,000 nor more than $2,500 or be imprisoned for a period
of not exceeding 30 days, or both, for each and every violation, and
in addition shall pay all costs and expenses involved in the case.
(b)
If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditional on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by ordinance pursuant to this
chapter, such person shall be subject to a penalty not to exceed $1,000,
and each lot disposition so made may be deemed a separate violation
as per N.J.S.A. 40:55D-55.
(c)
Any site clearance, site preparation or site construction commenced
prior to receipt of all required Planning Board or Zoning Board of
Adjustment approvals and/or prior to the issuance of a certificate
of resolution compliance from the approving board secretary shall
be subject to a penalty not to exceed $1,000, for each and every violation,
and in additional shall pay all costs and expenses of the Borough
involved in the case. Each and every day in which a violation of this
provision exists shall constitute a separate violation.
(d)
In addition to the foregoing, the Borough may institute and
maintain a civil action for injunctive relief and to set aside and
invalidate any conveyance made pursuant to such a contract of sale
if a certificate of compliance has not been issued in accordance with
N.J.S.A. 40:55D-38. In any such action, the transferee, purchaser
or grantee shall be entitled to a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the developer or his assigns or successors, to secure the return
of any deposits made or purchase price paid, and also a reasonable
search fee, survey expense and title closing expense, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of said
land; within six years, if unrecorded.
A.
There is hereby created the position of Zoning Officer within the
Borough of South River. Said Zoning Officer shall be paid an annual
salary as set forth in the salary ordinances of the Borough of South
River.
B.
The duties of the Zoning Officer shall be as follows:
(1)
To interact with the public with respect to any zoning issues and/or
concerns raised by individuals from the public.
(2)
To work closely with the land use boards of the Borough of South
River.
(3)
Enforce all state, county and local zoning ordinances, rules and
regulations.
(4)
Review and report to the appropriate land use boards with respect
to all land use applications which may come before the Borough of
South River.
(5)
Review, approve and/or disapprove any and all building permit applications
based on zoning guidelines.
(6)
Review and resolve any and all other zoning questions and concerns
within the Borough of South River.
(7)
Inspect properties in the municipality for violations or, upon being
advised of the existence of a violation, issue orders to the owners
of the property to cease and desist from such violations and, where
such means shall fail, file a complaint in the Municipal Court for
said violation.
C.
The Zoning Officer shall be appointed by the Mayor with the advice
and consent of the Borough.