[Amended 2-19-1998 by Ord. No. 98-4; 5-20-1999 by Ord. No. 99-16]
A.
No accessory building or structure shall have a ground
floor area greater than 1/2 the ground floor area of the main building
or structure on the same lot.
B.
All accessory buildings shall not exceed 10% of the
lot size, with a maximum height of 17 feet.
[Amended 11-29-2007 by Ord. No. 07-29]
C.
No accessory building shall be allowed in the front
yard area or within the front yard setback. Included in the definition
of "accessory structure" shall be swimming pools and attached or open
decks (without walls or roof.
D.
All accessory buildings or structures shall be located
a distance from any main building situated on the same lot, and from
side and rear lot lines, equivalent to the height of the accessory
structure. All accessory buildings located in the R-25 and R-50 Zones
as depicted on the Borough of Carteret Zoning Map shall have a minimum
distance of four feet to each side and rear property line.
E.
Accessory buildings or structures on corner lots shall
not be erected nearer to any street side line than the front yard
setback required on the lot adjacent to the rear line of the lot upon
which the accessory building is located.
F.
Satellite dish antennas. A satellite dish antenna
with a diameter greater than two feet may not be mounted on any building
or structure, but must be mounted at ground level in the rear yard
of the lot and must meet the setback requirements for accessory structures
as set forth herein. All satellite dish antennas with a diameter in
excess of five feet must be screened with a solid wall or fence at
least six feet in height.
G.
Any proposed wooden deck attached to a home or to
a swimming pool shall not be higher than a four-foot platform with
a 42-inch railing.
A.
Each overall development shall have a compatible architectural
and landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated in the overall plans:
(1)
Landscaping techniques.
(2)
Building orientation to the site and to other structures.
(3)
Topography.
(4)
Natural features, such as wooded areas, drainage courses,
soil conditions and topographic relief.
(5)
Building design features, such as varying unit widths,
staggering unit setbacks, providing different exterior materials,
changing rooflines and roof designs, altering building heights and
changing types of windows, shutters, doors, porches, colors and vertical
or horizontal orientation of the facades, singularly or in combination.
B.
The configuration of structures may be any alignment
that meets the yard requirements and does not exceed the following
overall or component building lengths: 200 feet on one plane, 340
feet on the second line of any angled building and 500 feet. Any passageway
between two structures which has a roof attached to both structures
shall be included in calculating these lengths. Structures, as measured
along the center line, shall provide one opening at ground level at
least every 200 feet. This opening shall be a minimum of 15 feet in
clear width and a minimum of 10 feet in clear height and located so
that the floor level is at an elevation not more than eight inches
above or below the finished grade of the adjoining ground. The configuration
of townhouse structures may be any alignment that meets the yard requirements
but has not less than four nor more than eight units in one overall
structure.
C.
No dwelling unit shall have a living area level lower
than the finished grade along the front of the structure.
D.
All required open space shall be improved for the
purposes intended as shown on the plan.
F.
Recreational facilities within an apartment or townhouse
development may be located either in the designated open space or
within the yard areas of each structure, notwithstanding the fact
that the recreational facilities may overlap imaginary yard lines
used to establish the minimum distance between structures under this
chapter. The specific location of any recreational facilities shall
give consideration to the proximity of structures, type of recreational
facility proposed, expected noise level and evening illumination which
may create a possible nuisance for residents and expected pedestrian
and bicycle traffic across major interior roads and driveways.
G.
Apartments shall meet all of the area and bulk requirements
for R-M(G), as set forth in the Bulk Schedule at the end of this chapter.
[Added 2-19-1998 by Ord. No. 98-4]
H.
Townhouses shall meet all of the area and bulk requirements
for R-M(T), as set forth in the Bulk Schedule at the end of this chapter,
and the following:
[Added 2-19-1998 by Ord. No. 98-4]
Churches may be permitted in those districts
designated in this chapter upon application for a permit and upon
determination by the approving authority that the following standards
and conditions are met:
A.
A set of plans, specifications and plot plans shall
be filed with the approving authority, showing overall dimensions,
topographic conditions, the location and intended use of existing
and proposed buildings, the relationship of the proposed use to streets
and adjacent properties and other physical features which might act
as a deterrent to the general welfare.
B.
Before issuing a permit, the approving authority shall
determine that the following standards are met:
(1)
The minimum lot area shall be 40,000 square
feet, and the minimum frontage shall be 200 feet.
(2)
Off-street parking shall be provided at the
ratio of one off-street parking space for each eight seats in the
church.
(3)
Driveways shall cross the sidewalk at right
angles and shall be no more than 24 feet wide at any point. Driveways
must be at least 10 feet from any side lot line and 25 feet from the
intersection of the street lines. No more than two driveways shall
be permitted for each 200 feet of street frontage.
(4)
The approving authority shall determine that
the site plan is appropriate to the adjacent area. It may require
buffers of foliage if necessary to protect surrounding properties
from the effect of light or noise generated in connection with the
use of the property. Such buffer area shall be constructed in conformance
with the provisions of this chapter.
Any proposal for a development on a tract where
any part of the tract contains a flood hazard area as identified on
the most recent Flood Hazard Boundary Map prepared by the United States
Department of Housing and Urban Development shall comply with the
floodplain regulations of this chapter in addition to the following
standards:
A.
No building or structure shall be erected, moved or
enlarged, nor shall any material or equipment be stored, fill be placed,
nor shall the elevation of any land be substantially changed in the
flood hazard area except in accordance with a permit issued by the
New Jersey Department of Environmental Protection, Division of Water
Resources; provided, however, that accepted practices of soil husbandry
and the harvesting of crops in connection with farming, lawns, gardens
and recreational usage that do not include structures are not included
in the foregoing prohibitions. Primary consideration shall be given
to preserving the floodway so as to assure maximum capacity for and
minimum velocity of the passage of flood flows without aggravating
flood conditions upstream and downstream.
B.
No building or structure shall be erected, moved or
enlarged in the flood-fringe area if the elevation of any floor, including
the cellar, shall be less than one foot above the flood hazard design
elevation except in accordance with a permit issued by the New Jersey
Department of Environmental Protection, Division of Water Resources.
As to developments in the flood-fringe area, primary consideration
shall be given to the protection of persons and property involved
in the development, and such consideration shall not be avoided by
a waiver from the applicant.
A.
The purposes of this section are:
(1)
To implement the land use rules and regulations
promulgated by the New Jersey Department of Environmental Protection
for floodways and the one-hundred-year floodplain portion of a flood
hazard area.
[Amended 6-16-2011 by Ord. No. 11-13]
(2)
To discourage construction and regrading in
flood hazard areas.
(3)
To prevent encroachments into flood hazard areas
which would obstruct or constrict the area through which water must
pass.
(4)
To prevent pollution of watercourses during
low- or high-water periods by preventing the placing or storing of
unsanitary or dangerous substances in the flood hazard areas.
B.
The flood hazard design elevation shall be determined
on an individual basis based upon stream encroachment line data from
the Division of Water Resources or, in the absence of that data, the
flood elevation based on a one-hundred-year storm frequency. One or
the other shall be delineated on the plat. In addition, the Municipal
Engineer may, upon receipt of the application and with the consent
of the landowner, determine the precise location of a floodway and
flood-fringe area by close inspection, field survey or other appropriate
method and cause the same to be marked on the ground and on the plat,
and notifying the owner, the New Jersey Department of Environmental
Protection, Division of Water Resources, and the approving authority.
The assistance of the United States Department of Agriculture, Soil
Conservation Service, United States Corps of Engineers and the New
Jersey Department of Environmental Protection, Division of Water Resources,
may be sought to aid in delineating the flood hazard design elevation,
except that, where state or federal agencies shall subsequently publish
any reports which delineate the flood hazard design elevation of a
watercourse, said report shall be the officially delineated flood
hazard area as if said report were published in this chapter.
C.
Any lot containing a floodway portion of a drainagecourse
and on which it is proposed to regrade and/or construct an improvement
shall not be permitted unless the proposed use is permitted by this
chapter, plat approval has been granted and a floodway permit has
been issued by the New Jersey Department of Environmental Protection,
Division of Water Resources, where required by state regulations.
D.
Any lot containing the one-hundred-year floodplain
portion of the flood hazard area and on which it is proposed to regrade
and/or construct an improvement shall not be permitted unless the
proposed use is permitted by this chapter and until plat approval
has been granted.
[Amended 6-16-2011 by Ord. No. 11-13]
E.
The procedure for reviewing any proposed regrading
and/or construction shall be the same as set forth for plat review.
No application shall be approved and no permit granted until all zoning
violations have either been corrected or a variance granted.
F.
Permitted uses in the one-hundred-year floodplain
portion of the flood hazard area shall be restricted to the following,
provided that they are permitted uses in the district in which the
one-hundred-year floodplain portion is located.
[Amended 6-16-2011 by Ord. No. 11-13]
(1)
Agriculture: general farming, pasture, grazing,
outdoor plant nurseries, horticulture, viticulture, truck farming,
forestry, sod farming and wild crop harvesting.
(2)
Industrial/commercial: yards, loading areas
and parking areas.
(3)
Recreation: golf courses, improved courts and
playing fields, swimming areas, boat launching ramps, picnic and camping
and open space uses such as hiking trails.
(4)
Residential: lawns, gardens, parking areas and
play areas.
G.
The applicant shall submit maps, reports and other
appropriate documents enabling the approving authority to evaluate
whether the proposal has an inherent low flood damage potential, does
not obstruct flood flows or increase flood heights and/or velocities,
does not affect adversely the water-carrying capacity of any delineated
floodway and/or channel, does not increase local runoff and erosion,
does not unduly stress the natural environment of the floodplain or
degrade the quality of surface water or the quality and quantity of
groundwaters, does not require channel modification or relocation,
does not require fill or the erection of structures and does not include
the storage of equipment and materials.
H.
Prior to any action by the approving authority on a plat involving a floodway or one-hundred-year floodplain area, a public hearing shall be set and conducted by the approving authority. Notice of the hearing shall be as required under § 160-34, Notices.
[Amended 6-16-2011 by Ord. No. 11-13]
I.
Upon reviewing the application, hearing the applicant's
representation, hearing comments from the general public and other
local, county, state or federal agencies to which the application
was forwarded for comment, the approving authority shall deny, approve
subject to conditions or approve the application. Its conclusions
shall be based on findings related to the above criteria.
These uses shall be permitted in the C-2 Zone
as specified herein and shall comply with the following minimum standards:
C.
Appropriate areas shall be set aside for the recreational
needs of the guests.
E.
All garbage receptacles for storage and pickup shall
be centrally located and easily accessible within a screened aboveground
enclosure.
F.
Such other performance standards as may be required
by the approving authority.
The height limitations of this chapter shall
apply to church spires, belfries, cupolas, chimneys, ventilators,
skylights, water tanks, bulkheads and similar features and necessary
mechanical appurtenances usually carried above the roof level. Such
features, however, shall be erected only to such height as is necessary
to accomplish the purpose that they are to serve. Provisions of this
chapter shall permit the erection of parapet walls or cornices for
ornament without windows above the building height limit by not more
than five feet. Quasi-public buildings and public buildings, schools,
churches and other similar permitted uses may exceed the height limit
herein established, provided that such uses shall increase the front,
rear and side yards one foot for each foot by which such building
exceeds the height limit established for the district within which
the use is located.
[Added 3-8-1994 by Ord. No. 94-9]
A.
There shall be included in any new multifamily housing
development that requires subdivision or site plan approval an indoor
or outdoor recycling area for the collection and storage of residentially
generated recyclable materials. The dimensions of the recycling area
shall be sufficient to accommodate recycling bins or containers which
are of adequate size and number and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the Municipal
Recycling Coordinator and shall be consistent with the District Recycling
Coordinator and shall be consistent with the district recycling plan
adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13)
and any applicable requirements of the Municipal Master Plan, adopted
pursuant to Section 26 of P.L. 1987, c. 102.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-28.
B.
The recycling area shall be conveniently located for
the residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
C.
The recycling area shall be well-lit and shall be
safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area and the bins or containers
placed therein against theft of recyclable materials, bins or containers.
D.
The recycling area or the bins or containers placed
therein shall be designed so as to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard and which are located in an outdoor
recycling area shall be equipped with a lid or otherwise covered so
as to keep the paper or cardboard dry.
E.
Signs clearly identifying the recycling area and the
materials accepted therein shall be posted adjacent to all points
of access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around
any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
[Amended 6-16-2011 by Ord. No. 11-13]
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.
Except as otherwise provided in this chapter, the lawful use of the
land or a building/structure existing at the date of the adoption
of this chapter may be continued although such use or building/structure
does not conform to the regulations specified by this chapter for
the zone in which such land or building/structure is located; provided,
however, that no nonconforming lot shall be further reduced in size
and no nonconforming use may be expanded. The following regulations
shall apply to nonconforming uses and structures.
B.
Alterations,
as applied to a nonconforming building or structure, shall only include
a change or rearrangement in the structural supports or a change in
exterior appearance.
C.
No nonconforming
building or lot shall be enlarged, extended or increased, unless such
enlargement will not increase the degree of nonconformance.
D.
A nonconforming
building, or an existing building on a nonconforming lot may be altered,
repaired, enlarged or extended, provided that the use is permitted
and provided that the enlargement or extension does not project any
farther than the existing building beyond a required setback line
or create any new setback or lot coverage violations.
E.
Accessory
buildings or structures may not be constructed on nonconforming lots
and/or on lots which contain a nonconforming principal building or
structure unless:
F.
Cessation
of a nonconforming use for a continuous period of two years shall
create a rebuttable presumption that such use has been abandoned.
Such nonconforming use shall not thereafter be revived.
Treatment or nursing homes for children or aged
and philanthropic or charitable structures, except correctional institutions,
may be permitted in those districts designated in this chapter if
in compliance with the following standards and conditions:
A.
Nursing homes, etc. shall be required to submit all
of the data as required for preliminary/final site plan submittal.
[Amended 2-19-1998 by Ord. No. 98-4]
B.
Front, rear and side yards shall be increased one
foot for each foot by which such proposed building exceeds the height
limit herein established for the district in which it is to be located.
In no case shall any building exceed the height of 50 feet nor be
located on a lot less than two acres in size with a minimum frontage
of 200 feet.
C.
Off-street parking shall be provided at a ratio of
one parking space per 0.75 beds for nursing homes and similar uses,
and one space per 400 square feet of floor space for philanthropic
or charitable uses.
[Amended 2-19-1998 by Ord. No. 98-4]
D.
All off-street parking areas shall be bound by a ten-foot
buffer area within which a visual screen shall be provided consisting
of a staggered row of dense plantings.
[Amended 2-19-1998 by Ord. No. 98-4]
E.
In addition to all requirements, there shall be provided
one square foot of open space for every one square foot of building
area, in plan, at the ground level.
A.
Access to and from lots.
(1)
Drives shall be limited to a maximum of two
to any street, except that, when the frontage of a property along
any one street extends 500 feet, the number of drives to that street
may be based on one drive for each 250 feet of property frontage.
Each drive shall be at least three parking aisles from any other drive
on the same property. Each drive shall handle no more than one lane
of traffic in each direction, be at least 50 feet or 1/2 the lot frontage,
whichever is greater, but need not exceed 300 feet from the street
line of any intersecting street and be at least 21 feet from any property
line. The width of the curb cut shall be determined by the type of
traffic to be handled and the limitation to the number of lanes of
traffic. Driveways with widths exceeding 24 feet shall be reviewed
by the approving authority, giving consideration to the width, curbing,
direction of traffic flow, radii of curves and traffic lane divider.
Curbing shall be either depressed at the driveway or have the curbing
rounded at the corners with the access drive connected to the street
in the same manner as another street.
(2)
Any exit driveway or driveway lane shall be
so designed in profile and grading and shall be so located to permit
a safe, clear sight distance measured in each direction along the
roadway. Such measurements shall be from the driver's seat of a vehicle
standing on that portion of the exit driveway that is immediately
outside the edge of the road traveled way or shoulder. The following
distances are recommended:
|
Allowable Speed
(miles per hour)
|
Sight Distances
(feet)
| |
|---|---|---|
|
25
|
150
| |
|
30
|
200
| |
|
35
|
250
| |
|
40
|
300
| |
|
45
|
350
| |
|
50
|
400
|
(3)
Where a site occupies a corner of two intersecting
roads, no driveway entrance or exit may be located within a minimum
of 10 feet of the point of tangent of the existing or proposed curb
radius of that site.
(5)
Where two or more driveways connect a single
site to any one road, a minimum clear distance of 25 feet measured
along the right-of-way line shall separate the closest edges of any
two such driveways.
(6)
Depending upon the intensity of their use, the
following angles shall be required for driveways opening into streets:
(a)
Two-way operation: Driveways used for two-way
operation will intersect the road at an angle to as near 90º
as site conditions will permit and in no case will be less than 60º.
(b)
One-way operation: Driveways used by vehicles
in one direction of travel (right turn only) shall not form an angle
smaller than 45º with a road unless acceleration and deceleration
lanes are provided.
(7)
The dimensions of driveways shall be designed
to adequately accommodate the volume and character of vehicles anticipated
to be attracted daily onto the land development for which a site plan
is prepared. Driveways serving large volumes of daily traffic or traffic
over 25% of which is truck traffic shall be required to utilize the
maximum dimensions. Driveways serving low daily traffic volumes of
traffic less than 25% of which is truck traffic shall be permitted
to use the minimum dimensions. The maximum and minimum required dimensions
for driveways shall be as follows:
[Amended 8-16-2001 by Ord. No. 01-41; 9-18-2014 by Ord. No. 14-19]
|
1-Way Operation
|
2-Way Operation
| ||||
|---|---|---|---|---|---|
|
Type of Use
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
|
Curbline Opening
(feet)
|
Driveway Width
(feet)
| |
|
5- to 10-family residence
|
12 to 15
|
10 to 13
|
12 to 30
|
10 to 26
| |
|
10-family or over
|
12 to 30
|
10 to 26
|
24 to 36
|
20 to 30
| |
|
Commercial and industrial
|
24 to 50
|
14 to 34
|
24 to 50
|
24 to 46
| |
|
Service stations
|
15 to 36
|
12 to 34
|
24 to 36
|
20 to 34
| |
|
1- and 2-family dwelling
|
14 to 28
|
10 to 24
Minimum 18 feet
|
-
|
-
| |
(8)
Driveway surfacing and profiles.
(a)
The surface of any driveway subject to site
plan approval shall be constructed with a permanent pavement of a
type specified by standards set by the Municipal Engineer. Such pavement
shall extend to the paved traveled way or paved shoulder of the road,
and such pavement shall extend throughout the area defined by the
required driveway dimensions.
(b)
Any vertical curve on a driveway shall be flat
enough to prevent the dragging of any vehicle undercarriage.
(c)
Should the sidewalk be so close to the curb
at a depressed curb driveway as to cause the ramp to be too steep
and be likely to cause undercarriage drag, the sidewalk shall be appropriately
lowered to provide a suitable ramp gradient.
(9)
Acceleration and deceleration lanes.
(a)
Acceleration lanes. Where a driveway serves
right-turning traffic from a parking area providing 500 or more parking
spaces, an acceleration lane shall be provided in accordance with
A Policy of Geometric Design of Rural Highways, c. 1965 American Association
of State Highway Officials.
(b)
Deceleration lanes.
[1]
Where a driveway serves as an entrance to a
land development providing 50 or more parking spaces, a deceleration
lane shall be provided for traffic turning right into the driveway
from the road. The deceleration lane is to be at least 200 feet long
and at least 13 feet wide measured from the road curbline. A minimum
forty-foot curb return radius will be used from the deceleration lane
into the driveway.
[2]
A deceleration lane may be omitted when the
roadway pavement is a minimum of 40 feet wide and the road peak-hour
traffic does not exceed 500 vehicles per hour.
(10)
Special turn lanes. The conveyance of land for
jughandles or left-turn lanes may be required by the Planning Board
with the approval of the Municipal Engineer under one or more of the
following conditions:
B.
Access to parking and loading spaces. Individual parking
and loading spaces shall be served by on-site aisles designed to permit
each motor vehicle to proceed to and from each parking and loading
space without requiring the moving of any other motor vehicle. Where
the angle of parking is different on both sides of the aisle, the
larger aisle width shall prevail.
C.
Buffers. Parking and loading areas for commercial
and industrial uses shall be buffered from adjoining streets, existing
residential use or any residential zoning district in a manner meeting
the objectives of the buffer section of this chapter. A minimum ten-foot
buffer planted strip shall separate parking areas from the street
right-of-way line.
[Amended 2-19-1998 by Ord. No. 98-4]
D.
Curbing.
(1)
All off-street parking areas containing six
or more spaces and all off-street loading areas shall have concrete
or Belgian block curbing around the perimeter of the parking and loading
areas and to separate major interior driveways to separate them from
the parking and loading spaces.
[Amended 2-19-1998 by Ord. No. 98-4]
(2)
Curbing may also be installed within the parking
or loading areas to define segments of the parking or loading areas.
(3)
Concrete wheel blocks may be located within
designated parking or loading spaces.
(4)
All curbing shall be located in conjunction
with an overall drainage plan.
(5)
Curbing installed at locations requiring pedestrian
access over the curbing shall be designed to have ramps from the street
grade to the sidewalk. The breaks shall be either opposite each aisle
or no less frequent than one every 65 feet along the curb.
(6)
Each land development requiring site plan approval
may be required to install curbs along the entire property frontage
of a municipal road. Where such curbing is required, it shall be located
and constructed in accordance with standards and specifications set
forth by the Municipal Engineer.
(7)
At all intersections, the minimum curb radii
shall be 30 feet. Radii beyond this minimum may be required by the
Municipal Engineer.
(8)
Where a proposed driveway is to serve any land
development providing 50 or more parking spaces, curbing need not
be carried across the driveway opening as a depressed curb, rather
it may be swept back as curb returns as in the case of a street intersection.
(9)
If the driveway serves a facility having fewer
than 50 parking spaces, a depressed curb driveway shall be used. Where
depressed curbs are used at driveways, the following specifications
shall apply:
(a)
Existing curb. To construct a depressed curb
where curbing exists, the existing curb shall be modified in accordance
with the requirements given by the Engineer.
(b)
New depressed curb. New depressed curb shall
be constructed in accordance with specifications as set forth by the
Municipal Engineer.
(c)
Height of depressed curb above street pavement
or shoulder. The top of the depressed curb shall be no greater than
one and one-half (1 1/2) inches higher than the gutter grade.
(d)
Horizontal transition. The horizontal transition
of depressed curb from full curb height to depressed curb height shall
not exceed 18 inches except where the sidewalk is so narrow and close
to the curb that a portion of the sidewalk four feet or less from
its outer edge has a slope exceeding six to one. In this case, the
depressed curb transition may be modified to prevent the out four
feet of sidewalk from exceeding a slope six to one.
(e)
When required. Each land development requiring
site plan approval may be required to install paving in the area between
the edge of existing pavement and curbing along the entire property
frontage. Where such paving is required, it shall be in accordance
with standards and specifications as set forth by the Municipal Engineer.
E.
Dimensions.
(1)
Dimensions and requirements for conventional
and handicapped parking. Off-street parking spaces shall be nine feet
by 18 feet in dimension, and the width of the aisles serving these
spaces shall be as provided in the accompanying table. In any event,
in parking lots containing more than 10 spaces, a minimum of one space
shall be a minimum of 12 feet wide, and for parking lots with more
than 20 spaces, 5% of all spaces but not more than 10 spaces shall
be 12 feet wide. These wider spaces shall be located in one area and
designated as parking for the handicapped. They shall be located so
that access does not require wheeling or walking behind parked cars.
[Amended 2-19-1998 by Ord. No. 98-4]
|
Angle of Parking Space
|
1-Way Aisle
(feet)
|
2-Way Aisle
(feet)
| |
|---|---|---|---|
|
90º
|
25
|
25
| |
|
60º
|
20
|
22
| |
|
45º
|
18
|
20
| |
|
30º
|
15
|
18
| |
|
Parallel
|
12
|
18
|
(2)
Off-street loading shall have 15 feet of vertical
clearance and be designed in accordance with the following schedule:
|
Loading Space
|
Apron/Aisle Length
(feet)
| |||
|---|---|---|---|---|
|
Length
(feet)
|
Width
(feet)
|
90º
|
60º
| |
|
60
|
10
|
72
|
66
| |
|
60
|
12
|
63
|
57
| |
|
60
|
14
|
60
|
54
| |
F.
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of Articles XIV, XIVA (if applicable) of this chapter. Where subbase conditions are wet or such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Municipal Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
[Amended 9-21-2006 by Ord. No. 06-49]
G.
Surfacing shall be approved as part of the plan approval.
(1)
Areas of ingress and egress, loading and unloading
areas, major interior driveways, aisles and other areas likely to
experience similar heavy traffic shall be paved with not less than
five inches of compacted base course of plant-mixed bituminous stabilized
base course constructed in layers not more than two inches in compacted
thickness, or equivalent, and prepared and constructed in accordance
with Division 3, Section 2A, of the New Jersey Department of Transportation
Standard Specifications for Roads and Bridge Construction (1961),
and amendments thereto. A minimum two-inch thick compacted wearing
surface of bituminous concrete (FABC), or equivalent, shall be constructed
thereon in accordance with Division 3, Section 10, of the New Jersey
Department of Transportation Specifications, and amendments thereto.
(2)
Parking space areas and other areas likely to
experience light traffic shall be paved with not less than three inches
of compacted base course of plant-mixed bituminous stabilized base
course, or equivalent, prepared and constructed in accordance with
Division 3, Section 2A of the New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction (1961), and
amendments thereto. At least 11/2 inches of compacted wearing surface
of bituminous concrete (FABC), or equivalent, shall be constructed
thereon in accordance with Division 3, Section 10, of the New Jersey
Department of Transportation Specifications, and amendments thereto.
H.
Landscaping in parking and loading areas shall be
shown on the site plan. Trees shall be staggered and/or spaced so
as not to interfere with driver vision, have branches no lower than
six feet and be placed at the rate of at least one tree for every
20 parking spaces. All areas between the parking area and the building
shall be landscaped with trees, shrubs and ground cover. Any plantings
which do not live shall be replaced within one year or one season.
A majority of the parking areas for more than 50 cars shall be obscured
from streets by buildings, landscaped berms, natural ground elevation
or plantings, singularly or in combination.
I.
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the off-street parking and loading requirements in Article XVI, Zoning. Those uses not listed shall provide sufficient spaces as determined under site plan review.
(1)
A minimum of one space per use shall be provided,
except that, where more than one use shall be located in one building
or where multiple uses are designed as part of a shopping center or
similar self-contained complex, the number of loading spaces based
on the number of square feet within the building or complex, dispersed
throughout the site to best serve the individual uses and have site
plan approval.
(2)
There shall be a minimum of one trash/garbage
pickup location separate from the parking and loading areas and located
either within or outside a building in steel-like, totally enclosed
container(s) located and screened to be obscured from view from parking
areas, streets and adjacent residential uses or residential zoning
districts. If located within the building, the doorway(s) may serve
both the loading and trash/garbage collection functions. If a container
used for trash/garbage collections functions is located outside the
building, it may be located adjacent to or within the general loading
area(s), provided that the container(s) in no way interfere with or
restrict the loading and unloading functions.
(3)
Where any use is located on a tract of at least
50 acres and no portion of a loading area, including maneuvering areas,
is closer than 200 feet to any property line and where the length
of the driveway connecting the loading area to the street is at least
300 feet, the number of off-street loading spaces may be less than
the number required by the above schedule, provided that the applicant,
as part of the site plan application, shall indicate on his site plan
and shall document to the approving authority how the number of spaces
to be provided will be adequate to meet the needs of the specified
use proposed.
(4)
Off-street loading requirements.
[Added 2-19-1998 by Ord. No. 98-4]
|
Land Use
|
Floor Area at Which First Berth is Required1
(square feet)
|
Floor Area at Which Second
Berth is Required1
(square feet)
| |
|---|---|---|---|
|
Industrial, manufacturing
|
5,000
|
40,000
| |
|
Laboratory, research, commercial
|
5,000
|
40,000
| |
|
Retail
|
5,000
|
20,000
| |
|
Service establishments
|
5,000
|
40,000
| |
|
Commercial recreation
|
5,000
|
100,000
| |
|
Restaurant
|
3,000
|
25,000
| |
|
Office buildings
|
5,000
|
100,000
| |
|
Funeral home
|
10,000
|
100,000
| |
|
Residential apartment building
|
30 dwellings
| ||
|
Institutional, public schools
|
10,000
|
100,000
| |
|
Hospital, nursing homes
|
10,000
|
100,000
| |
|
Auditoriums, arenas
|
10,000
|
100,000
|
|
NOTES:
1 An additional berth
shall be required for each additional amount of square feet as indicated
as required between the need for one and two-berth intervals.
|
J.
Minimum parking requirements. The minimum parking
and loading standards in the Borough are as follows:
[Amended 2-19-1998 by Ord. No. 98-4]
|
Use
|
Required Number of Spaces
| ||
|---|---|---|---|
|
Assembly operations
|
1 for each 800 square feet of floor area
| ||
|
Automobile service stations
|
4 for each bay
| ||
|
Banks and saving institutions
|
1 for each 300 square feet of floor area or
5 for each teller window, whichever is greater
| ||
|
Bowling lanes (alleys)
|
4 for each lane
| ||
|
Churches and other places of worship
|
1 for every 3 seats
| ||
|
Community buildings, social halls and places
of public assembly
|
1 for every 3 seats, except where a specific
amount of seating is undetermined; then 1 shall be required for each
150 square feet of assemblage area
| ||
|
Funeral homes and mortuaries
|
15 for each parlor
| ||
|
Hospitals
|
1 for each staff member plus 1 for each 6 beds
for visitors parking
| ||
|
Industrial and manufacturing uses
|
1 for each 800 square feet
| ||
|
Laboratories and research uses
|
1 for every 300 square feet of floor area
| ||
|
Medical or dental clinics
|
1 for each 165 square feet of floor area
| ||
|
Mixed uses
|
In the same building, parking shall be calculated
as the sum of individual uses
| ||
|
Nursing homes/convalescent centers
|
1 space for every day shift employee and staff
members plus 1 space for each 5 patient beds
| ||
|
Offices, other than medical or dental:
| |||
|
Under 49,999 square feet
|
4.5 per 1,000 feet of floor area
| ||
|
50,000 to 99,999 square feet
|
4.0 per 1,000 square feet of floor area
| ||
|
100,000 square feet and greater
|
3.5 per 1,000 square feet of floor area
| ||
|
Residential land uses
[Added 8-10-2006 by Ord. No. 06-42[1]] |
As set forth in the Residential Site Improvement
Standards (N.J.A.C. 5:21-11 et seq.)
| ||
|
Restaurants/night clubs
|
1 for every 3 seats and 1 for every employee
in the maximum work shift
| ||
|
Retail stores and personal service establishments
|
1 for every 200 square feet of floor space
| ||
|
Schools, elementary
|
1 per staff member.
| ||
|
Schools, high school
|
1 per staff member, plus 1 for every 20 students.
| ||
|
Theaters
|
1 for every 3 seats
| ||
|
Warehouse
|
1 for every 5,000 square feet of floor area
| ||
|
Other uses not provided herein to be determined
by approving agency
| |||
[1]
Editor’s Note: This ordinance also deleted
all entries setting forth a parking requirement for residential structures.
K.
Location of parking and loading areas.
(1)
Loading spaces shall be located on the same
lot as the use being served and shall be located to directly serve
the building for which the space is being provided.
[Amended 6-16-2011 by Ord. No. 11-13]
(2)
No parking spaces shall be located in any required buffer area or in a required front yard, and no loading space shall be permitted in a required buffer area or in any front yard, except for one- and two-family dwellings. The provisions of this Subsection K(2) shall not be applicable to fuel-filling stations with or without a convenience store.
[Amended 2-19-1998 by Ord. No. 98-4; 6-16-2011 by Ord. No. 11-13]
(3)
Parking spaces located to serve residential
uses shall be within 150 feet of the entrance of the building and
within 300 feet of commercial/industrial uses.
(4)
No parking shall be permitted in fire lanes,
streets, driveways, aisles, sidewalks or turning areas.
(5)
Off-street parking for residential shall not
be located closer than 10 feet to a front lot line, nor within five
feet of a side or rear line.
[Added 2-19-1998 by Ord. No. 98-4]
L.
Dimensions of loading spaces. Loading spaces shall
be minimally 12 feet by 25 feet in dimension.
[Added 2-19-1998 by Ord. No. 98-4]
M.
If the any of the prescribed minimum off-street parking
requirements as set forth in this section are not satisfied by the
proposed development application, the applicant shall seek a variance
therefrom and, if said relief is granted, contribute into the Borough's
Parking Improvement Fund the respective amount provided for pursuant
to the following schedule:
[Added 12-20-2007 by Ord. No. 07-30]
|
Parking Deficiency Schedule
| ||
|---|---|---|
|
Deficiency
|
Cost/Space
| |
|
1 to 5
|
$1,000
| |
|
6 to 10
|
$1,500
| |
|
11 to 15
|
$2,000
| |
|
16 and over
|
$2,500
| |
A.
Quasi-public buildings and recreational areas, including
clubhouses, parks, schools, colleges, universities, playgrounds, swimming
pools, tennis courts, etc., and other such activities operated by
nonprofit membership organizations may be permitted in the districts
designated, provided that they comply with the following standards
and conditions:
(1)
A set of plans, specifications and a statement
setting forth full particulars on the operation of the structure or
use must be filed with the approving authority in triplicate, showing
articles of incorporation and trade name certificates, if any, required
to be filed with the approving authority.
(2)
It is ascertained by the approving authority
that the proposed use is a bona fide, nonprofit organization operated
solely for the recreation and enjoyment of the members of said organization,
and the approving authority may require names and addresses of all
charter members.
(3)
It is ascertained by the approving authority
that the proposed use in the proposed location will not adversely
affect the sale and comfortable enjoyment of property rights and otherwise
adversely affect the value of adjacent properties, that the design
of any structures erected in connection with such use is in keeping
with the general character of the district and that sufficient landscaping,
including shrubs, trees and lawns, is provided to serve as a buffer
between said use and the adjoining properties and in order to assure
an attractive appearance for the use.
(4)
No building, structure or active recreation
facility shall be located within 50 feet of the lot line of a residentially
zoned lot. The maximum lot coverage shall be 50%.
(5)
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 additional
land is acquired and supplementary applications are made to the approving
authority.
(6)
The membership roles shall be certified by affidavit
annually on the first day of January, and an updated tally of all
members, signed by the Secretary, shall be filed with the Municipal
Clerk within 30 days.
(7)
Off-street parking space shall be provided at
a ratio of one space for each four memberships permitted under the
terms of this special permit or one space per 1,000 square feet of
floor space, whichever is greater.
B.
The approving authority shall then decide the matter
in accordance with the procedure provided for under this chapter.
No lot shall have erected upon it more than
one principal permitted use. No more than one principal building shall
be permitted on one lot, except that shopping centers, apartment and
condominium projects and industrial complexes, all receiving site
plan approval, may be permitted to have more than one building on
a lot in accordance with the standards of the zoning district in which
they are located.
A.
All public services shall be connected to an approved
public utilities system.
B.
The developer shall arrange with the services utility
for the installation of the utilities 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.
C.
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.
D.
Any installation under this section to be performed
by a servicing utility shall be exempt from requiring performance
guaranties but shall be subject to inspection and certification by
the Municipal Engineer.
The side and rear yard requirements of the Bulk
Schedule[1] shall not apply to those portions of a lot immediately
adjoining and bounded by the right-of-way of a railroad or where a
railroad track or spur line forms the boundary line between two lots
in the Industrial District.
[1]
Editor's Note: The Bulk Schedule is included
at the end of this chapter.
A.
Where permitted, all storage areas, trash facilities,
pits, lifts and working areas shall be within a building. All lubrication,
repair or similar activities shall be performed in an enclosed building,
and no dismantled parts shall be placed outside.
B.
Where permitted, all fuel pumps and the island upon
which pumps are normally located shall be set back from the street
line at least 15 feet and from any other property line at least 25
feet. Where permitted, any filling station canopy shall be set back
from the street line at least five feet and from any other property
line at least 15 feet. With regard to any such canopy, this distance
shall be measured from the respective outermost edge of the roofline
thereof. A minimum space of 20 feet shall exist between any two islands
and between any island and any service station or filling station
building.
[Amended 6-16-2011 by Ord. No. 11-13]
C.
No junked motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. No more than six motor vehicles may be located outside a
service station building for a period not to exceed two days, provided
that the owners are awaiting the repair of said motor vehicles.
D.
It is intended that service stations, where permitted,
be designed compatible with other permitted commercial or industrial
uses in the zone in which they are located, that they not be stripped
along the available highway frontage or at each quadrant of a convenient
intersection and that they be located within shipping centers and
in office and industrial complexes as an integral part of the overall
design. Ingress and egress shall be designed to recognize the turning
movements generated. These access points required for nearby uses,
frequency of intersecting side streets, minimizing left turns off
collector and arterial streets and maintaining building setbacks compatible
with the required setbacks and landscaping shall be considered in
such design.
E.
Where
permitted, a filling station may include a filling station canopy.
[Added 6-16-2011 by Ord. No. 11-13]
F.
Air pumps,
automotive vacuum cleaning stations and/or energy ports for electric
vehicles shall be permitted as accessory uses in conjunction with
all service or filling stations. The setback for air pumps, vacuum
cleaning stations and/or energy ports shall be 15 feet from any property
line.
[Added 6-16-2011 by Ord. No. 11-13]
G.
Notwithstanding
any other provision of this chapter or its Bulk Schedule[2] to the contrary, any principal building serving as a service
station, or servicing a filling station, or serving as a convenience
store in conjunction with a filling station shall provide a fifteen-foot
rear yard setback and/or fifteen-foot side yard(s) setback(s).
[Added 6-16-2011 by Ord. No. 11-13]
[2]
Editor’s Note: The Bulk Schedule is included at the
end of this chapter.
[1]
Editor’s Note: The title of this section was amended
6-16-2011 by Ord. No. 11-13.
[Amended 2-19-1998 by Ord. No. 98-4; 8-14-2003 by Ord. No. 03-24]
A.
Purpose and intent. The purpose of this section is
to:
(1)
Protect the public health, safety and welfare
by restricting signs which violate privacy or which increase the probability
of accidents by distracting attention or obstructing necessary lines
of sight.
(2)
Encourage signs which promote a desirable visual
and esthetic environment through creative yet orderly design arrangements.
(3)
Encourage signs which aid orientation, identify
activities, describe local history and character or serve other educational
purposes.
(4)
Ensure the replacement of nonconforming signs
with conforming signs through strict enforcement of the procedures
and requirements of this section.
B.
AREA OF SIGN
AWNING
BANNER
BILLBOARD
CANOPY
ERECT
FACING or SURFACE
FREESTANDING SIGN
ILLUMINATED SIGN
INCIDENTIAL SIGN
MAINTENANCE
MARQUEE
NONCOMBUSTIBLE MATERIAL
PENNANT
PORTABLE SIGN
PROJECTING SIGN
PROJECTION
ROOF SIGN
SIGN
TEMPORARY SIGN
WALL SIGN
WINDOW
WINDOW SPACE
Definitions. The following terms shall have the meanings
indicated:
The area included within the frame or edge of a sign, including the frame. Where the sign has no such frame or edge, the area shall be computed as specified by § 160-113C herein.
Any structure made of cloth or metal with a metal frame attached
to a building, projecting over a thoroughfare and so erected as to
permit its being raised to a position flat against the building when
not in use.
Any temporary sign applied to paper, plastic or fabric of
any kind, which shall be permitted by the Mayor and Council by permit,
above a public right-of-way.
Any sign erected or maintained for the purpose of displaying
outdoor advertising for products or services provided off premises,
which includes any sign used to identify the product made or the activity
being pursued by an individual, service, business, commercial or industrial
enterprise intended to advise the public of the locations of such
enterprise and/or type of activity in which it is engaged.
Any structure, other than an awning, made of cloth or metal
with metal frames attached to a building, projecting over a thoroughfare
and carried by a frame supported by the ground or sidewalk.
To build, construct, attach, hang, place, suspend or affix;
also includes the painting of wall signs.
The surface of the sign upon, against or through which the
message is displayed or illuminated on the sign.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
Any sign which has characters, letters, figures, designs
or outline illuminated by electric lights or luminous tubes as a part
of the sign proper.
A sign generally informational, that has a purpose secondary
to the use of the zone lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone" and other similar directives.
No sign with a commercial message legible from a position off the
zone lot on which the sign is located shall be considered incidential.
Includes replacement, without substantial change, of any
parts or support of any sign, and the painting, without change of
text, design or size of any sign, without removal of the sign from
the wall or structure supporting it.
Any hood or awning of permanent construction projecting from
the wall of a building above an entrance and extending over a thoroughfare,
including signs attached thereto, the supports of which are an integral
part of the original structure and which is not retractable.
Any material which will not ignite at or below a temperature
of 1,200° during an exposure of five minutes and which will not
continue to burn or glow at that temperature. Tests shall be made
as specified in U.B.C. Standard No. 4-1.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
A sign, other than a wall sign, which projects from and is
supported by a wall of a building or structure.
The distance by which a sign extends over public property
or beyond the building line.
Any sign erected, constructed and maintained wholly upon
or over the roof of any building, with the principal support on the
roof structure.
Includes any device, either freestanding or attached to a
building or structure or erected, painted, represented or reproduced
upon or in (to the extent provided herein) any building or structure,
which displays, reproduces or includes any letter, word, name, number,
model, insignia, emblem, design, device or representation used for
one or more of the following purposes: to identify the premises or
occupant or owner of the premises; to advertise any trade, business,
profession, industry, service or other activity; to advertise any
product or item; to advertise the sale or rental or use of all or
part of the premises, including that upon which it is displayed; to
direct vehicular or pedestrian traffic, other than state, county or
municipal highway and roadway markers; and shall include any announcement,
declaration, demonstration, display, illustration, insignia or any
representation used to advertise or intended to advertise or promote
the interests of any person. In no event shall the word "sign" be
construed to mean any sign in the interior of any structure except
as specifically set forth in this chapter.
Any sign that is not permanently mounted as specifically
permitted by this article.
All flat signs of solid-face construction which are placed
against a building or other structure and attached to the exterior
front, rear or sidewall of any building or other structure so that
the display surface is parallel with the plane of the wall. Signs
painted on an exterior or a wall shall be deemed to be wall signs
subject to this chapter.
Includes any opening in the exterior wall or roof of any
structure for the purpose of admitting air or light, whether or not
covered with glass, plastic or other covering.
Includes the aggregate square footage of all windows on any
given side and any given story of any structure, regardless of the
angle or angles at which they are set. In computing window space there
shall be included all portions of any door which contains a window.
Window space shall be included in the calculation of the area of a
front facade for the purposes of determining the permitted area for
wall signs.
C.
Permit required; issuance of permit; fees.
(1)
Application. No sign shall be erected, altered,
located or relocated within the municipality except upon application
and the issuance of a permit as hereinafter provided.
(a)
Application for a permit for residential signs.
Application for a permit for a sign for premises used for residential
purposes shall be made, in writing, to the Zoning Officer and presented
together with the appropriate filing fee. Such application shall be
sufficient to describe the premises and the location at which the
sign is to be affixed, together with a rendering of the sign, inclusive
of its dimensions, design and color. There shall also be provided
a statement as to the means by which said sign shall be constructed
on the premises. The Zoning Officer shall act upon such application
within 15 days of the receipt thereof.
(b)
Application for a permit for nonresidential
signs. Application for a permit for a permitted nonresidential sign
conforming to the regulations set forth herein shall be made, in writing,
to the Zoning Officer. Such application shall be sufficient to describe
the premises and location at which the sign is to be affixed and shall
include, at minimum, the following items:
[1]
The name and address of the applicant.
[2]
The name and address of the owner of the premises.
[3]
A statement as to whether the owner has consented
to the application, if the applicant is other than the owner.
[4]
A rendering to scale of the sign, reflecting
its composition, colors, dimensions, elevation from grade level and
lighting; the address of the premises; specification and location
of all existing signs; the sight distances, in the case of freestanding
signs, with relation to access ways to the premises on which such
sign is to be located and adjacent premises; the information to be
stated on the sign, and the method by which said sign shall be secured.
(c)
Application for a permit for a sign which does
not comply with the provisions of this article shall be submitted
to the appropriate approving authority.
(2)
Issuance of permit.
(a)
A permit shall be issued by the Zoning Officer
upon the favorable action of the approving authority, subject to any
other applicable governmental regulations, or as otherwise provided
herein.
(b)
A permit for the replacement of an existing
sign may be issued by the Zoning Officer without the necessity of
Board approval only upon satisfaction of all of the following conditions:
(3)
Exceptions. The provisions and regulations of
this section concerning permits and fees shall not apply to the following
signs:
(a)
Real estate signs not exceeding 12 square feet
in area which advertise the sale, rental or lease of the premises
upon which said signs are located only.
(b)
Residential nameplate sign showing the name
and/or address of the house or family, not larger than one square
foot in area. Not more that one such sign shall be erected for each
dwelling unit.
(c)
Identification signs for a permitted home professional
office, provided that such signs are limited to no more than one wall
or ground sign per building, are not more than two square feet in
area and if a ground sign is not more than four feet in height for
lawful occupants of the premises under the Zoning Ordinance.
(d)
A name announcement sign accessory to a church
or other place of worship, a public or quasi-public building and any
permitted institutional or similar use shall not exceed 16 square
feet in area and shall not be more than six feet in height. Such sign
may only be interior lighted. Not more than one such sign shall be
permitted on a lot.
(e)
A sign identifying the architect, engineer or
contractor, when placed upon a work site under construction, not to
exceed 16 square feet in area, provided that the sign is set back
at least 15 feet from the curb, and further provided that the same
are removed within 24 hours after final certificate of occupancy is
issued.
(f)
Memorial signs or tablets, names of buildings
and date of erection when cut into any masonry surface or when constructed
of bronze or other noncombustible materials.
(g)
Traffic or other municipal signs, legal notices,
railroad crossing signs, danger signs and such temporary, emergency
or nonadvertising signs, or signs of any governmental agency deemed
necessary to the public welfare.
(h)
Flags of the United States, State of New Jersey
or other governmental or quasi-public agencies.
(i)
Holiday decorations and lights on residential
premises.
(j)
Signs erected to control the movement of traffic
on a premises, provided that these signs shall provide traffic directions
only and shall not be used for any advertising purpose. These signs
shall not exceed four square feet in area and shall have been approved
by the appropriate approving agency.
(k)
Election or political signs, provided that said
signs are placed entirely on private property. Election or political
signs must be removed no later than 10 days after the election for
which the sign was posted.
(l)
All schools, public and private, that are in
residential zones shall be allowed to install wall and freestanding
signs as per the commercial zone standard of the Borough of Carteret
Land Development Ordinance.
(m)
Signs erected to announce a garage sale shall
not be erected more than five days prior to the date of sale and may
be up to six square feet (3 feet by 2 feet) in size and shall be removed
within 24 hours of the completion of the garage sale as advertised.
(4)
Fees. Every applicant, before being granted
a permit hereunder, shall pay to the Borough of Carteret the permit
fee for each such sign or other advertising structure regulated by
this chapter as established in the current schedule of fees for the
Borough of Carteret.
D.
Computation of sign area and sign height. The following
principles shall control the computation of sign area and height:
(1)
Computation of area of individual signs. The
area of a sign face shall be computed by drawing a square or rectangle
that will encompass the extreme limits of the writing, representation,
emblem, or other display, together with the sign frame and any material
or color forming an integral part of the background of the display
or used to differentiate the sign from the backdrop or structure against
which it is placed; or, by delineating the area established by reason
of distinctive variation in background color or by borders, whichever
is greater.
(2)
Computation of area of multifaced signs. The
sign area for a sign with more than one face shall be computed by
adding together the area of all sign faces visible from any one point.
When two identical sign faces are placed back-to-back, so that both
faces cannot be viewed from any point at the same time, and when such
sign faces are part of the same sign structure and are not more than
42 inches apart at any point, the sign area shall be computed by the
measurement of one of the faces.
(3)
Computation of height. The height of a sign
shall be computed as the distance from the base of the sign at grade
to the top of the highest attached component of the sign.
(4)
Neon signs shall be permitted 1/2 the size noted
above.
E.
Regulations governing nonresidential signs.
(1)
Freestanding signs. Freestanding signs shall
comply to the following:
(a)
Commercial buildings.
[1]
One freestanding single- or double-faced identification
sign shall be permitted, provided that the aggregate area of all sides
of such sign shall be in accordance with the following schedule:
|
Gross Floor Area
(square feet)
|
Aggregate Sign Area
(square feet)
| |
|---|---|---|
|
Under 5,000
|
40
| |
|
5,001 to 15,000
|
60
| |
|
15,001 to 30,000
|
80
| |
|
30,001 to 50,000
|
100
| |
|
50,001 and above
|
150
|
[2]
Any commercial building having over 100,000
square feet of gross floor area may have two freestanding signs. The
total area of both signs shall not exceed the aggregate limitations
within the schedule.
(b)
Such signs shall not exceed a height of 25 feet,
measured from the ground level to the topmost portion of the structure
(including any supporting frame). Supporting frames for all such signs
shall be of permanent materials, such as steel or concrete. All such
signs must be placed upon the property at a location which is set
back at least 10 feet from any boundary line of the property.
(c)
Freestanding signs shall have an open area not
less than three feet between the base line of said sign and the ground
level. This open space may be filled in with a platform or decorative
latticework which does not close off more than 1/2 of any square foot
of such open space.
(d)
Freestanding signs shall be set back minimally
10 feet from the street right-of-way line and 10 feet from side lot
lines.
(e)
Such signs shall be interior illuminated with
nonglaring lights.
(f)
Except for billboards as regulated herein, freestanding
signs shall advertise only the permitted use, products or service
located on the premise on which they are placed.
(2)
Wall signs.
(a)
Wall-mounted signs shall comply with the following:
[1]
Wall signs shall advertise only the permitted
use, products or service on the premises on which they are displayed.
[2]
Each business shall be entitled to only one
wall-mounted sign, except that, where a building has street frontage
on more than one street, one additional sign may be permitted.
[3]
No wall sign shall cover wholly or partially
any wall opening nor project beyond the ends or top of the wall to
which it is attached.
[4]
No wall sign shall be permitted to project forward
more than six inches from the building nor be attached to a wall at
a height of less than eight feet above the sidewalk or ground.
[5]
No wall sign shall be erected, relocated or
maintained so as to prevent free ingress to or egress from any door,
window or fire escape.
[6]
Size and design.
[a]
Each commercial use in a building
in any Business Zone shall be entitled to a wall sign, but in no event
shall the total square footage of all wall signs exceed 10% of the
square footage of the front facade, including windows, but in no event
shall the maximum size exceed 100 square feet. Such signs may be lighted.
[b]
The horizontal linear dimensions
of wall-mounted signs in the Industrial Zone shall not exceed 30%
of the width of the building wall to which it is to be affixed. The
maximum height of such sign shall not exceed two feet if the building
wall is 40 feet or less in width; 2 1/2 feet if the building wall
is more than 40 feet but less than 80 feet in width; and three feet
if the building wall is 80 feet or more in width.
(b)
In addition to any sign or signs permitted pursuant
to this section, a sign(s) limited to indicate membership in a retail
or professional organization or credit card or credit association,
to show manufacturers' or required licenses, or advertisements referable
to sales within, shall be permitted to be attached to windows on the
interior of the business use, provided that the aggregate area employed
for such purpose shall not exceed 20% of the total window area on
which it is located.
F.
Regulations governing residential signs. Residential signs, including name and address plates, professional nameplates, real estate signs and contractor signs as provided herein, are permitted in accordance with the size limitations as set forth in § 160-113B(3). Signs not otherwise in compliance with these provisions, or as permitted and regulated in § 160-113F, are prohibited.
G.
Temporary signs. Temporary signs shall comply with
the following:
(1)
All temporary signage, except as specifically
exempted under this article, shall require a permit. Said permit shall
be valid for a period not to exceed 30 days from the issuance thereof
and may be renewed for a period not to exceed 60 days.
(2)
No temporary sign shall exceed an area of 12
square feet, provided that temporary signs such as banners which are
permitted by permit by the Mayor and Council within the public right-of-way
may exceed 12 square feet in size.
(3)
Insurance for temporary signs may be required
by the Mayor and Council. Any person obtaining a permit for the erection
of a temporary sign, where the Mayor and Council requires insurance,
shall provide proof to the satisfaction of the Building Inspector
that the person, firm or corporation actually doing the erection shall
have in force a public liability insurance policy with limits of no
less than $100,000 for property damage and $300,000 for bodily injury
per occurrence.
(4)
Nothing contained herein shall be deemed to
permit the erection or installation of any signs upon any pole or
tree located on public property or within the public right-of-way
within the Borough of Carteret, and their erection or installation
is hereby specifically prohibited. This section shall not be deemed
to prohibit temporary lawn signs or street banners as set forth elsewhere
in this chapter. All seasonal signs or signs advertising bazaars,
fairs, circuses, carnivals, etc., or other occasional signs shall
be displayed not more than 30 days prior to no more than 10 days subsequent
to the seasonal event or occurrence advertised and shall not exceed
16 square feet. Responsibility for the removal of such seasonal or
occasional signs shall be that of the person, firm, corporation, organization
or activity advertised.
(5)
Banners, flags and streamers which announce,
or are used as part of a decorative scheme designed to draw attention
to the announcement of, the opening or reopening of a business venture
in commercially zoned areas. Such banners, flags and streamers shall
not be put in place prior to 14 days before the first day any member
of the public is permitted to enter the business facility and shall
be removed within 30 days of the first day on which any member of
the public is permitted to enter the business facility.
(6)
Projecting signs.
(a)
A projecting sign must not exceed eight square
feet.
(b)
The outermost edge of a projecting sign must
not extend more than four feet from the building to which it is attached.
(c)
The bottommost edge of a projecting sign must
not be less than eight feet from the ground.
(d)
Projecting signs must project from a building
at an angle of 90°.
(e)
A projecting sign must be located at the level
between the first and second stories of a building.
(f)
When more than one storefront occupies a single
building, all projecting signs must be hung at the same height.
(g)
Projecting signs must be constructed of wood
or metal.
(h)
Projecting signs must be two-faced.
(7)
Window signs.
(a)
Permanent window signs must not occupy more
than 10% of the total area of the window in which the sign is located.
The area of the window sign will be counted as part of the total signage
area allowed for the business.
(b)
Temporary window signs are subject to the following
restrictions.
[1]
Such signs shall be removed within 30 days after
erection.
[2]
The date on which a temporary sign is initially
displayed must appear on its face.
[3]
Temporary window signage may not exceed 20%
of the total window area.
[4]
Community service advertisements shall be included
within the aggregate space and time limitations set forth herein.
[5]
All such signs shall be of professional quality.
(c)
All window lettering and signs shall be kept
in good repair.
(8)
All other temporary signs. One temporary sign
shall be permitted announcing that the property on which it is located
is for sale or rent, provided that such sign shall be displayed for
only so long as such property is for sale or rent. Unless such sign
is attached to the principal building, it shall be no closer than
10 feet to any property line. Such sign shall not exceed six square
feet in size nor more than four feet in height.
H.
Illumination.
(1)
No sign shall be an illuminated sign except
as provided herein.
(2)
No sign shall be illuminated externally by more
than one floodlight per surface of said sign. Such lighting shall
be at grade and properly directed and shielded so as not to produce
glare or offensive light off the property.
(3)
Flashing signs, highly reflective glass or fluorescent
paint (red or green) and illuminated tubing outlining roofs, doors,
windows or wall edges of a building are prohibited.
(4)
No sign shall be artificially illuminated after
11:00 p.m. or before 7:00 a.m. unless said premises are occupied and
attended.
I.
General regulations for signs.
(1)
No sign otherwise lawful under this chapter
shall be prohibited because of this section.
(2)
No sign shall be placed or located or displayed
upon any sidewalk or area between sidewalk and curb, nor shall they
project on or over a sidewalk.
(3)
No roof sign, often known also as a "sky sign,"
shall be permitted.
(4)
No signs shall be erected or painted or composed
of fluorescent or phosphorescent or similar material.
(5)
No sign shall be, in whole or part, moving,
mobile or revolving.
(6)
No sign shall have more than four colors, inclusive
of its background, frame and decorative parts. For the purposes of
this chapter, black and white shall be considered colors. Notwithstanding
anything herein to the contrary, in such instance where black or white
shall be used in the formation of a sign as aforesaid, then in such
instance either of such may be used as a fifth color.
(7)
Canopies, awnings and marquees with signage
embossed upon them shall be considered to be a business sign.
(8)
No sign shall be erected, relocated or maintained
so as to prevent free ingress to or egress from any door, window or
fire escape. No sign of any kind shall be attached to a standpipe
or fire escape.
(9)
No sign or other advertising structure, as regulated
by this chapter, shall be erected at the intersection of any streets
in such a manner as to obstruct free and clear vision, or at any location
where, by reason of the position, shape or color, it may interfere
with, obstruct the view of, cause an optical illusion or be confused
with any authorized traffic sign, signal or device, or which makes
use of words, phrases, symbols, or characters in such manner as to
interfere with, mislead or confuse traffic.
(10)
In order to preserve the basically residential
character of this community and to facilitate the improvement of its
commercial and industrial areas in a safe and orderly manner, no commercial
outdoor advertising signs, billboards or other signs which are not
expressly and directly related to the business being conducted on
the premises and which do not conform to the applicable requirements
and standards set forth in other sections of this chapter shall be
permitted, and all other such commercial outdoor advertising signs,
billboards and other nonconforming signs are specifically prohibited.
It shall be unlawful for any person to display upon any sign or other
advertising structure any obscene, indecent or immoral matter.
(11)
All signs shall be constructed in accordance
with the requirements of the BOCA Code. If the Zoning Officer shall
find that any sign is unsafe or insecure, the Zoning Officer shall
give written notice to the owner, agent or person having the beneficial
use of the premises upon which such sign may be erected. If such owner,
agent or person fails to remove or alter the sign so as to comply
with the standards herein set forth within 10 days after such notice,
such sign or other advertising structure may be removed or altered
to comply, by the Zoning Officer, at the expense of the owner, agent
or person having the beneficial use of the premises upon which such
sign may be erected. The Zoning Officer may cause any sign or other
advertising structure which is an immediate peril to persons or property
to be removed summarily and without notice.
(12)
A change of business name or any other item
of information on an existing sign constitutes a new sign and requires
a permit.
J.
Nonconforming signs.
(1)
Any signs existing at the time of the passage
of this chapter and which violate any provisions thereof shall be
deemed a nonconforming use and may be continued, maintained and repaired
upon the present premises or location; provided, however, that such
sign was lawful under any prior ordinance. Any sign unlawful under
any prior ordinance shall remain unlawful unless it complies with
the provisions of this chapter and there is issued by the Zoning Officer
a sign erection permit therefor.
(2)
Any sign which has been damaged to the extent
that the cost of repairs shall exceed 50% of the current value of
said sign shall be deemed as destroyed, and the owner thereof shall
not be permitted to erect or restore said sign except in accordance
with this chapter.
K.
Service station and garage signs.
(1)
In accordance with the regulations specified
in this section, one freestanding pylon sign bearing the brand, trade
name or trademark of the gasoline or other products sold on the premises,
not exceeding 35 square feet in area; and one sign bearing unit prices,
not exceeding 15 square feet in area, shall be permitted, provided
that their aggregate area shall not exceed 45 square feet. The lowest
point shall not be less than six feet above the average grade elevations
below. Such signs shall be set back 10 feet from all lot lines.
(2)
In addition to the pylon sign, one sign bearing
the brand, trade name or trademark, not exceeding 12 square feet in
area, may be affixed to the face of the building.
(3)
In the event that there is a canopy that is
located over the pump island area, one sign, limited to bearing the
brand, trade name or trademark of the station may be permitted per
canopy side, provided that each sign does not exceed an area of 10%
of the canopy face.
L.
Awnings and canopies.
(1)
All awnings and canopies attached to the ground
or to a building shall be thoroughly and rigidly secured and shall
be repaired and maintained as necessary to keep them secure, safe
and free from causing any danger or damage to persons or property.
(2)
No awning or canopy shall be erected or maintained
so as to obstruct access to any fire escape, window, door, exit or
standpipe, or obstruct passage by either vehicular or pedestrian traffic
on any public or quasi-public right-of-way.
(3)
All canopies and awnings shall have a minimum
clearance of 7.5 feet, measured from the bottom of canopy or awning,
and shall not project more than 18 inches in front of the building
facade.
(4)
A maximum of one awning may be placed upon the
front facade of the building.
(5)
A maximum of one canopy may be placed over the
principal entrance to the building, provided that no awning is placed
upon the front facade of said building.
M.
Billboards. Billboards shall be permitted as a conditional
use within any Industrial or Commercial Zoning District in the Borough,
subject to the following conditions:
(1)
No part of any billboard advertising sign shall
be located within 1,000 feet of a single-family residential district
or within 650 feet of a multifamily residential district, nor within
500 feet of another billboard advertising sign, said 500 feet to be
measured along the side of the roadway as the proposed billboard advertising
sign.
(2)
No part of any billboard advertising sign shall be located more than 300 feet from the edge of the right-of-way of the New Jersey Turnpike or within 300 feet of an entrance or exit ramp of the New Jersey Turnpike. The spacing requirements with respect to billboards set forth in the Federal Highway Beautification Act, New Jersey N.J.A.C. 16:41C-1 et seq., as well as the New Jersey Turnpike rules and regulations set forth under New Jersey AC Chapter 19, together with Roadside Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq., are adopted herein by reference with the provisions contained thereunder with regard to outdoor advertising billboards incorporated herein.
(3)
With respect to each sign structure, no more
than two sign faces, one on each side of any sign structure (double-sided),
shall be permitted; with the measurements of the billboard not to
exceed 20 feet by 50 feet on one side for a total 1,000 square feet
of advertising space per side or a total maximum permitted advertising
space of 2,000 square feet for both spaces.
(4)
No part of any billboard advertising sign shall
be higher above grade of the roadway than the maximum height of a
principal structure in the zone in which the proposed sign is to be
located. When adjacent to the New Jersey Turnpike, no part of the
billboard shall be higher than 60 feet above the elevation of adjacent
Turnpike travel lanes, exclusive of any ramp elevation.
(5)
The lighting standard for billboards shall require
shielded lighting displayed directly on the face of the sign.
(6)
The specific requirements contained in N.J.A.C.
16:41C-8.7 for off-premises signs are hereby incorporated by reference
and made a part hereof so that any applicant must comply with the
general standards contained therein.
(7)
Any billboards that are to be constructed adjacent
or contiguous to a state highway, federal highway or interstate highway
shall require as a condition of final approval appropriate permits
and licenses from all applicable state and federal agencies.
(8)
A change of business name or any other item
of information on an existing billboard constitutes a new sign and
requires a permit.
All site plans and major subdivisions shall
incorporate soil erosion and sediment control programs phased according
to the scheduled progress of the development, including anticipated
starting and completion dates. The purpose is to control soil erosion
and sediment damages and related environmental damage by requiring
adequate provisions for surface water retention and drainage and for
the protection of exposed soil surfaces in order to promote the safety,
public health, convenience and general welfare of the community.
The excavation and grading for completion of
a development shall be done in accordance with the approved plat which
contains soil erosion and sediment control provisions. Excavation
of soil, other than required for the construction of approved structures
and supporting facilities, such as but not limited to streets, driveways
and parking areas, shall be prohibited. Regrading of property so as
to redistribute topsoil throughout the site from areas excavated for
such approved structures and supporting facilities shall be permitted
but shall be done to minimize or eliminate the erosion of soil. Any
application proposing the disturbance of more than 5,000 square feet
of surface area of land as defined in the Soil Erosion and Sediment
Control Act, P.L. 1975, c. 251,[1] shall include on its plan the following:
A.
The means to control or prevent erosion, provide for
sedimentation basin(s) for soil that does erode due to water and control
drainage, dust and mud on the premises as well as abutting lands.
B.
The preservation of soil fertility and the resulting
ability of the area affected to support plant and tree growth by maintenance
of adequate topsoil consisting of at least six inches of the original
layer.
C.
Maintenance of necessary lateral support and grades
of abutting lands, structures and other improvements.
D.
Prevention of pits and declivities which are hazardous
or which provide insect breeding locations.
E.
The physical limitations and characteristics of the
soil shall not be altered to prevent the use to which the land may
lawfully be put.
F.
Such other factors as may reasonably bear upon or
relate to the public health, safety and general welfare.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
A.
All development shall incorporate on-site, stormwater
facilities that will encourage the slowing down of the rate stormwater
leaves the site. All measures used to control the rate of stormwater
runoff shall comply with the grading and filling, soil erosion and
sediment control and soil removal and redistribution provisions in
this chapter.
B.
Where, in the opinion of the Municipal Engineer, the
amount of runoff from the proposed development is sufficient to justify
detention basin(s), one or more detention basins shall be required.
The determination of the amount of stormwater runoff and whether the
amount of runoff is sufficient for detention basin(s) shall be made
by the approving authority upon the advice of the Municipal Engineer,
Environmental Commission or Soil Conservation District. Each detention
basin shall contain a primary water depth capacity which will accept
all surface water directed to it from a twenty-five-year statistical
storm. The detention basin shall have a secondary water depth capacity,
which, together with the primary water depth capacity, will accept
all surface water directed to it from a one-hundred-year statistical
storm. All stormwater runoff from the property shall be directed through
one or more detention basins. The primary water depth capacity shall
have one or more outlets permitting complete draining of the maximum
capacity of the detention basin at the primary water depth in not
less than 24 hours. The same outlet(s) shall provide for draining
the detention basin capacity of the primary and the secondary water
depth capacity in not less than 48 hours.
C.
Vertical holes, filled with coarse rock, may be provided
within the detention basin for percolation into the soil.
D.
All developments may incorporate on-site stormwater
detention or impoundment facilities in the following manner:
(1)
Swales may be constructed in which there need
be no outlet facilities and which will impound water draining only
from other landscaped areas. The water impounded in these areas will
be left to evaporate and percolate, and the swales shall otherwise
be seeded and maintained in lawn area.
(2)
Impoundment/detention basins along any stream
that maintains a steady flow of water throughout the year may be constructed,
provided that any improvements designed to provide such impoundment/detention
facilities shall be designed to meet the standards of the Municipal
Engineer and have the approval of the New Jersey Department of Environmental
Protection and shall have the proper amount of sustained water flow
downstream, proper depth of water to control vegetation and a proper
design to prevent water stagnation in any part of the pond.
E.
Where storm drains are installed outside streets,
easements or rights-of-way may be required.
F.
All applicable developments shall conform to the requirements
outlined in Article XIVA. Stormwater Management and Control, of this
chapter.
[Added 9-21-2006 by Ord. No. 06-49]
A.
No private residential pool shall be installed on
any lot unless said lot shall contain a residence and said pool shall
be accessory to the residence. The pool shall meet the yard requirements
for accessory buildings in the district in which it is located. No
pool shall be located in the front yard.
B.
A pool shall occupy no more than the equivalent of
50% of the yard area in which it is located. For purposes of calculating
the area of a pool, the area shall include the water surface, the
patio adjoining the pool and any pumping, circulation and other mechanical
equipment required to operate the pool.
C.
Pools shall otherwise be installed, operated and used
in accordance with other health and safety ordinances regarding water
filtration, circulation and treatment, fencing, noise and lighting.
No trailer, auto trailer, trailer coach, travel
trailer or camper shall be used for dwelling purposes or as sleeping
quarters for one or more persons, nor shall any such trailer or camper
be used for storage or space for the permanent conduct of any business,
profession, occupation or trade, except that such facilities may be
used for temporary residency for the temporary replacement of a damaged
dwelling unit and for temporary use as a construction office located
on a site during construction, provided that a temporary permit has
been issued for its use by the Building Inspector. Storage trailers
with permit shall be permitted for temporary storage of supplies,
not to exceed six months, to store supplies used as part of a permitted
use in any industrial zone. This section shall not be construed so
as to prohibit the parking or storage of such trailers and campers
on private premises in conformance with all applicable ordinances
and codes.
A.
No open space provided around any principal building
for the purpose of complying with front, side or rear yards provisions
shall be considered as providing the yard provisions of another principal
building, on a lot which extends through a block in a manner resulting
in frontage on two or more streets including corner lots. All driveways
shall have a minimum distance of 12 inches to each side and rear property
line between any driveway and the adjoining property of another so
as to serve as a buffer and to allow for drainage, except that a driveway
may extend to a property line if a permanent barrier of concrete,
granite block or pressure treated wood is installed.
[Amended 5-20-1999 by Ord. No. 99-16; 9-18-2014 by Ord. No. 14-19]
B.
No front yard shall be used for storage of boats,
vehicles or other equipment (i.e., grills, barbeques, swing sets and/or
lawn furniture), including parking on driveways, except in the instance
of a conforming driveway for the parking of registered motor vehicles
not exceeding eight tons.
[Amended 2-17-2000 by Ord. No. 00-3; 3-2-2006 by Ord. No. 06-12; 9-18-2014 by Ord. No. 14-19]
[Added 2-19-1998 by Ord. No. 98-4; amended 8-16-2001 by Ord. No. 01-42; 5-20-2004 by Ord. No. 04-18; 5-4-2006 by Ord. No. 06-29]
A.
Municipal certificate of occupancy required for all
uses.
(1)
Change of occupancy and/or title requested required. Continued certificates of occupancy are required upon change of occupancy of all real property in the Borough. It shall be the responsibility of the Zoning Officer to receive and review applications for continued certificates of occupancy. The Zoning Officer, after his review of the application and an inspection of the premises for all violations of all codes and the following State of New Jersey requirements and a determination from the records of the Borough that the existing use is a permitted use as set forth, shall issue the continued certificate of occupancy. The Zoning Office shall require that all property fronting upon a street or roadway in a residential, commercial or industrial zone within the Borough shall have sidewalks installed by the property owner in accordance with Chapter 222 of this Code. The Borough shall charge a fee for such application as specified by ordinance.
[Amended 12-27-2016 by Ord. No. 16-27]
(2)
Change of tenancy of commercial, industrial
and office usages.
(a)
Continued certificates of occupancy are required
upon a change of tenancy of commercial, industrial and office usages
in the Borough. It shall be the responsibility of the Zoning Officer
to receive and review such applications. The review shall include,
but not be limited to, a description of the proposed use, the hours
of operation, the number of employees, the parking requirements, the
nature of deliveries or shipments, etc.
(b)
A certificate of occupancy shall not be issued
for a change of tenancy until the new tenant has registered with the
Fire Prevention Bureau and has met the requirements of the New Jersey
Uniform Fire Code.
(c)
No building or structure shall be occupied or
used in whole or in part unless and until a certificate of occupancy
has been issued by the Zoning Officer. The Zoning Officer shall not
issue such certificate unless he determines, after inspection, that
there are no violations of any applicable laws, ordinances or orders
pending at the time of issuing the certificate.
B.
PORTABLE FIRE EXTINGUISHER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An operable portable device, carried and operated by hand,
containing an extinguishing agent that can be expelled under pressure
for the purpose of suppressing or extinguishing fire, and which is:
Listed, labeled, charged and operable;
No smaller than a two-and-one-half-pound or
larger than a ten-pound rated extinguisher;
Rated for residential use consisting of an ABC
type;
On hangers, or in brackets supplied by the manufacturer;
Within 10 feet of the kitchen area, unless otherwise
permitted by an enforcing agency;
Located with the top of the extinguisher not
more than five feet (1.53 meters) above the floor;
Visible and in a readily accessible spot, free
from blocking by furniture, storage, equipment and other items;
Near a room exit or travel way that provides
an escape route to the exterior;
Accompanied by an owner's manual or written
information regarding the operation, inspection and maintenance of
the extinguisher; and
Installed so the operating instructions shall
be clearly visible.
C.
Requirements.
(1)
A structure used or intended to be used for
residential purposes by not more than two households shall have a
smoke-sensitive alarm device on each level of the structure. If the
structure contains a fuel-burning appliance of any type, a carbon
monoxide detector is also required. 1f both are required, a smoke
detector and carbon monoxide detector shall be located outside each
separate sleeping area in the immediate vicinity of the bedrooms,
in accordance with N.J.S.A. 52:27D-192 et seq., and N.J.A.C. 5:70-2.3
et seq. Smoke detectors and carbon monoxide detectors must be located
in accordance with the NFPA Standard listed in N.J.A.C. 5:70 and maintained
in good working order.
(2)
Each structure shall also be equipped with at
least one portable fire extinguisher in conformance with the rules
and regulations promulgated by the Commissioner of Community Affairs
pursuant to the Administrative Procedure Act, P.L. 1968, c.410 (N.J.S.A.
52:14B-1 et seq.).
(3)
Smoke and carbon monoxide detection devices
and fire extinguishers, as required by this section, shall be in compliance
with the standards of the approved rating organization and shall be
capable of being maintained by the person responsible for the occupancy
of the residential dwelling unit. The detectors shall consist of an
assembly incorporating the detector, control equipment and the alarm-sounding
device in one unit. The detectors may be battery powered or electrically
connected to the main panel box with battery back-up and shall be
listed in accordance with ANSI/UL 217 listed in N.J.A.C. 5:70. Two
or more single-station smoke detector and carbon monoxide assemblies
may be interconnected so that the activation of one causes all integral
or separate audible alarms to operate. Nothing in this section shall
be construed to prohibit the installation of more complex smoke or
carbon monoxide detection devices. The fire extinguisher must contain
an extinguishing agent that can be expelled under pressure for the
purpose of suppressing or extinguishing fire, and which is (1) rated
for residential use consisting of an ABC type; (2) no larger than
a ten-pound rated extinguisher; and (3) mounted within 10 feet of
the kitchen area, unless otherwise permitted by the enforcing agency.
D.
Fee schedule (including fee as per N.J.A.C. 5:70-2.3).
[Amended 3-12-2015 by Ord. No. 15-6]
|
Unit
|
Fee
| ||
|---|---|---|---|
|
Single-family
|
$100
| ||
|
Two-family
|
$150
| ||
|
Three-family or larger
|
$300
| ||
|
Mixed commercial and/or residential
|
$300
| ||
|
LI, HIA and HIB, 0 to 25,000 square feet
|
$750
| ||
|
Nonresidential, 25,000 to 50,000 square feet
|
$1,000
| ||
|
Nonresidential, 50,000 square feet or more
|
$1,500
| ||
|
Temporary CO or extension
| |||
|
Residential
|
$75
| ||
|
Commercial
|
$150
| ||
|
Industrial
|
$500
| ||
|
3rd inspection
|
$50/unit
| ||
|
Name change only
|
$50
| ||
E.
Denial of certificate. In the event that the Zoning
Officer denies issuance of a certificate of continued occupancy, said
denial shall be prepared in writing, outlining the basis of determination
for said denial. A copy of the denial shall be forwarded to the applicant.
The appeal of a denial is to the Zoning Board of Adjustment.
F.
Maintenance of records. A record of all certificates
shall be kept on file by the Zoning Officer, and copies shall be furnished
to any person having a proprietary or tenancy interest in the building
or site in question.
[Added 2-19-1998 by Ord. No. 98-4]
A.
No parking of vehicles shall be permitted within 40
feet of a street line or within 10 feet of side or rear lot lines.
B.
There shall be a minimum of two access driveways serving
an auto dealership, and such driveways shall be separated by a minimum
100 feet as measured at the center line of each driveway.
C.
Maximum impervious coverage of 75% shall be permitted.
D.
All exterior lighting shall be downshielded so as
to minimize disturbance to adjacent properties and passing motorists.
E.
All repair work, other than occasional minor repair,
shall take place entirely within the building.
F.
There shall be no outdoor storage of supplies, materials
or parts, exclusive of automobiles for sale.
G.
A maximum of five motor vehicles may be parked overnight
on the premises of an auto repair facility. This parking area shall
be screened by buffer plantings to minimize its view from public rights-of-way
and adjoining properties.
[Added 2-19-1998 by Ord. No. 98-4]
[Added 3-2-2006 by Ord. No. 06-15]
No temporary residential dwelling unit may be
erected or situated within the front yard of any property located
in a residential zone.
[Added 6-15-2006 by Ord. No. 06-31]
A.
ALTERNATIVE TOWER STRUCTURES
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TOWER
Definitions as used in this section, the following
terms shall have the meanings set forth below:
Structures that camouflage or conceal the presence of antennas
or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any towers or antennas for which a building permit or special
use permits have been properly issued prior to the effective date
of this section, including permitted towers or antennas that have
not yet been constructed so long as such approval is current and not
expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, common-carrier towers, cellular
telephone towers, alternative tower structures, and the like. The
term includes the structure and any support thereto.
B.
Applicability.
(2)
Amateur radio station operators/receive-only
antennas. This section shall not govern any tower, or installation
of any antenna that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(4)
AM array. For purposes of implementing this
section, an AM array, consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distance shall be measured from the outer perimeter of the towers
included in the AM array. Additional towers units may be added within
the perimeter of the AM array by right.
C.
General requirements.
(1)
Principal or accessory use. Antennas and towers
may be considered either principal or accessory uses. A different
existing use of an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antenna or towers
may be located in leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide to the Zoning Officer an
inventory of its existing towers, antennas, or sites approved for
towers or antennas, that are either within the jurisdiction of the
Borough of Carteret or within one mile of the border thereof, including
specific information about the location, height, and design of each
tower. The Zoning Officer may share such information with other applicants
applying for administrative approvals or special use permits under
this section or other organizations seeking to locate antennas within
the jurisdiction of the Borough of Carteret; provided, however, that
the Zoning Officer is not, by sharing such information, in any way
representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the
following requirements:
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend towers
and related structures into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
(6)
State or federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC
and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(7)
Building codes: safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Borough of Carteret concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower
setbacks and separation distance shall be calculated and applied to
facilities located in the Borough of Carteret irrespective of municipal
and county jurisdictional boundaries.
(9)
Not essential service. Towers and antennas shall
be regulated and permitted pursuant to this section and shall not
be regulated or permitted as essential services, public utilities,
or private utilities.
(10)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in the Borough of Carteret have been obtained and shall file a copy
of all required franchises with the Zoning Officer.
(11)
Signs. No signs shall be allowed on an antenna
or tower.
(12)
Multiple antenna/tower plan. The Borough of
Carteret encourages the users of towers and antennas to submit a single
application for approval of multiple towers and/or antenna sites.
D.
Permitted uses.
(1)
General. The uses listed in this section are
deemed to be permitted uses and shall not require administrative approval
or a conditional use permit.
(2)
Permitted uses. The following uses are specifically
permitted: antennas, towers, or alternate tower structures located
on property owned, leased, or otherwise controlled by the Borough
of Carteret, provided a license or lease authorizing such antenna
or tower has been approved by the Borough of Carteret.
E.
Area, bulk and yard requirements.
(1)
Minimum front yard setback: 50 feet or the height
of the structure, whichever is greater.
(2)
Minimum rear yard setback: 50 feet or the height
of the structure, whichever is greater.
(3)
Minimum side yard setback: five feet.
(4)
Maximum height of tower: 130 feet.
(5)
Maximum height of associated structures: eight
feet.
(6)
Maximum square footage of associated structures:
150 square feet.
F.
Additional requirements.
(1)
All facilities shall be suitable and enclosed
in a fence of not less than six feet high.
(2)
Site plan approval by the Carteret Planning
Board shall be required, and the following information shall be provided:
(a)
A scaled plan clearly indication the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning within 200 feet (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection E, adjacent roads, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.
(b)
Legal description of the parent tract and leased
parcel (if applicable).
(c)
The setback distance between the proposed tower
and the nearest residential unit or residentially zoned properties,
whether platted or unplatted.
(d)
The separation distance from other towers shall
be shown on an updated site plan or map. The applicant shall also
identify the type of construction of the existing tower(s) and the
owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape
materials.
(f)
Method of fencing, finished color, if applicable,
and methods of camouflage and illumination.
(g)
A description of compliance with this section
and all applicable federal, state or local laws.
(h)
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
(i)
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use
of existing towers, other structures or alternative technology not
requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
(k)
A description of the feasible locations(s) of
future towers or antennas within the Borough of Carteret based upon
existing physical, engineering, technological or geographical limitations
in the event the proposed tower is erected.
(3)
In the event a communications tower is abandoned
or not operated for a period of one year, the same shall be removed,
at the option of the Borough, at the sole expense of the operator.
(4)
Noise levels generated by the operation of the
antenna operation at any property line shall be not more than 50 decibels.
(5)
Site lighting used to illuminate a tower shall
be oriented inward toward the tower to minimize spillage and glare
onto adjacent properties.
(6)
The tower and antennas shall be designed in
accordance with the current edition of the Building Officials and
Code Administrators National Building Code.
