Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the Borough or are established by law and which are greater than those set forth herein, shall take precedence over the provisions of this chapter.
Except as herein otherwise provided:
A. 
No building or structure shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone district in which such building or land is located and meeting the requirements as set forth in the Schedule.[1]
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
B. 
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations hereinafter designated in this chapter for the zone district in which such building or open space is located.
C. 
No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading areas for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.
D. 
No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone district in which said lot is located, or unless a variance has been granted therefrom.
E. 
No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.
Wherever the depth of lots is established by existing street patterns in any residential zone, the depth requirements of the zone may be waived as long as all setback lines are maintained.
A. 
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Borough requirements or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
B. 
Where a building lot has frontage on a street, which the Master Plan or the Official Map of the Borough indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.
A. 
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter.
C. 
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces, which do not rise above the height of the floor level of the ground floor, may extend into any yard, provided that the total area of all such porches, which extend into such yards, does not exceed 1,000 square feet.
D. 
All residential lots shall provide a rear yard. Where a lot does not have a rear lot line, the rear yard shall occupy a space between the side lot lines and required front yard lines. The minimum depth of said yard shall be equal to the required minimum rear yard depth, and the minimum width of said yard shall be equal to 1/2 the actual lot width.
[Added 6-8-1992 by Ord. No. 644]
E. 
Where an excessively narrow building envelope would result from multiple street frontages where a lot dimension is less than 100 feet, the required front yard depth shall be reduced as follows:
[Added 6-8-1992 by Ord. No. 644]
(1) 
In the R-4 Zone, one yard may be reduced to 25 feet; and in the R-4.5 Zone, one yard may be reduced to 20 feet; and in the R-5 Zone, one yard may be reduced to 15 feet; or
(2) 
In any zone, the required front yard depth may be reduced to 50% of the lot dimension, but in no case shall it be reduced to less than 20 feet.
F. 
The required front yard depth may be reduced where a zone which permits a lesser depth adjoins a side lot line. The reduced depth shall apply for that portion of the lot which lies within 100 feet of the zone line and lies on the same street.
[Added 6-8-1992 by Ord. No. 644]
[1]
Editor's Note: Former § 94-5.6, Corner lots, was repealed 6-8-1992 by Ord. No. 644.
A. 
Sight triangles shall be provided at the intersection of two or more streets, and no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each line located 50 feet from the intersection of the street lines for Borough streets and as required by Monmouth County for county roads and the New Jersey Department of Transportation for state roads.
B. 
Sight triangle areas shall be maintained, trimmed or cleared in order to maintain sight distance as required herein.
C. 
Sight triangle easements may be required in accordance with § 94-8.14C, Sight triangle easements.
[Amended 11-5-2007 by Ord. No. 904]
Unless otherwise specified in this chapter, accessory buildings and structures shall conform to the following regulations as to their use and locations on the lot:
A. 
Uses of an accessory building or structure:
(1) 
The use of an accessory building or structure shall be incidental to the use of the principal building.
(2) 
No accessory building shall be used for residence purposes except by domestic employees of the owner or of the tenant of the principal building or premises.
(3) 
No accessory building that is intended to be occupied for dwelling purposes shall be constructed before the principal building.
(4) 
An accessory building to be used to shelter vehicles shall be subject to the provisions of § 94-8.19 regarding garages.
(5) 
A shed located in a residential zone may be used for the storage of automobiles, equipment and materials incidental to the use of the principal building but shall not be used for any business activity.
B. 
Location and other requirements for accessory buildings and structures:
(1) 
Accessory buildings and structures must be located on the same lot as the principal use to which they are accessory.
(2) 
An accessory building or structure attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building.
(3) 
Detached accessory buildings and structures, except for ornamental structures as set forth in Subsection B(7) below, shall not be located in a front yard.
(4) 
If located in a side or rear yard area, such buildings and structures containing 100 square feet or more shall be set back at least eight feet from all lot lines, unless more specific provisions are set forth in the Schedule of Zoning Regulations.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(5) 
Storage sheds containing less than 100 square feet of floor area shall not be located closer than three feet to any side or rear lot line.
(6) 
Plantings are required within the required yard space between the shed and the lot line.
(7) 
Ornamental structures may be constructed in the front yard, provided that such structures do not exceed 30 inches in height and are no larger than three feet in length and width and do not obstruct the area of the sight triangle at any driveway from which vehicles exit.
(8) 
Lighting is subject to § 94-5.28.
(9) 
No more than four such structures are allowed for the entire frontage of the property.
(10) 
Nothing herein shall amend or modify the provisions of § 183-9 of the Code of the Borough of Shrewsbury regarding property maintenance and the height of plantings.
(11) 
Structures shall not be located in a public right-of-way.
(12) 
Accessory buildings and structures may occupy not more than 25% of the rear or side yard area in any residential zone.
(13) 
Accessory buildings and structures shall not exceed 16 feet in height.
(14) 
No detached accessory building or structure, in any residential zone, shall be less than five feet from the principal building.
(15) 
A shed shall have a roof and a secure door. The storage of equipment and materials shall comply with the Uniform Fire Code.
(16) 
Plantings are subject to § 183-9 of the General Legislation of the Code of the Borough of Shrewsbury.
[Amended 6-8-1992 by Ord. No. 644]
A. 
Any lot utilized for single-family or two-family dwelling purposes shall not contain more than one principal building.
B. 
The minimum gross floor area of buildings on any lot shall be as set forth in the Schedule of Zoning District Regulations,[1] except as follows:
(1) 
Any accessory building with less than 500 square feet of gross floor area shall be excluded;
(2) 
Any cellar, garage, crawl space, unfinished attic area or unfinished space of any nature shall be excluded; and
(3) 
Any finished space with a clear ceiling height of less than the minimum ceiling height prescribed in the Building Code for the type of building concerned but with a height of four feet or more shall be included, but such area may not satisfy more than 10% of the requirement.
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
C. 
The maximum coverage of a lot by buildings shall be as set forth in the Schedule of Zoning District Regulations and expressed as the percentage of total building area to land area wherein:
(1) 
Total building area is the sum of all principal and accessory building areas as measured within the perimeters circumscribing all above-grade enclosed portions of each building; and
(2) 
Land area is the area of the lot less any area over which construction of buildings or roadways is prohibited because of riparian lands, lakes, ponds, tidelands, tidal wetlands, freshwater wetlands or the 100-year floodplain.
The provisions of this chapter shall not apply to customary underground essential services, as defined in § 94-2.3, except that all facilities, such as pumping stations, repeater stations and electric substations, which require a building above the ground or any other aboveground appurtenance of any type more than 40 feet high, shall require approval as a conditional use subject to the provisions of this chapter.
[Amended 12-7-2020 by Ord. No. 2020-1077]
Where two or more lots, created by the filing of a map pursuant to the Map Filing Law[1] prior to establishment of the Land Use Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[Amended 4-9-1990 by Ord. No. 606; 12-7-2020 by Ord. No. 2020-1077]
No structure shall extend higher than the height limit provided in each zone except as follows:
A. 
Projections from buildings are permitted as follows:
(1) 
The height limitations created hereunder shall not apply to ornamental architectural features such as spires, belfries, cupolas or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit.
(2) 
The height limitations created hereunder shall apply to architectural features such as chimneys, skylights, stair towers and elevator towers, except that the same may exceed said height limitations by not more than 15 feet but not more than 25% of the height of the building. Such features shall not exceed, in total coverage, 10% of the total roof area.
(3) 
The height limitations created hereunder shall apply to utilitarian features and appurtenances such as heating and air-conditioning equipment, conventional radio-television receiving antennas and ventilators and may exceed the height limitation by no more than 10 feet but not more than 25% of the height of the building. Such features shall not exceed, in total coverage, 10% of the total roof area.
B. 
Freestanding structures are permitted as follows:
(1) 
All freestanding structures shall be set back from property lines a distance equal to the height of said structures.
(2) 
Freestanding flagpoles may exceed the height limits created hereunder by not more than 15 feet.
(3) 
Freestanding utilitarian features and appurtenances such as electrical transformers, heating and air-conditioning equipment and radio-television receiving antennas may not exceed three feet in height when located within any required yard area. Such structures may not exceed 12 feet in height when located within the allowable principal building setback lines.
(4) 
Amateur radio antennas may exceed the height permitted for principal structures by 15 feet, provided that the diameter of the tower on which the antenna is mounted does not exceed 10 inches. Amateur radio operators shall submit a copy of their current FCC operator license and documentation of the required antenna height and construction details for any antenna or tower to be erected under this provision.
C. 
Accessory structures such as water towers and commercial radio and television antennas may be erected to an additional height authorized by the Land Use Board but only to such height which can be demonstrated is necessary to accomplish the structure's intended function. Satellite dish antennas shall be subject to the following:
(1) 
Demonstration by the applicant that compliance with height limitations would result in the obstruction of the antenna's reception window and that, furthermore, such obstruction is the result of obstructions which cannot be removed by the applicant.
(2) 
Installations on or within 200 feet of property zoned or used residentially shall not exceed 12 feet in diameter. Installations in other locations shall not exceed 12 meters in diameter.
[Amended 12-13-1993 by Ord. No. 670; 4-3-2006 by Ord. No. 866; 6-19-2006 by Ord. No. 874; 12-7-2020 by Ord. No. 2020-1077]
A. 
The purpose of this section is to provide for the reasonable control of development in areas containing critical or sensitive environmental features, where improper construction would result in negative or irreversible impact on the environment. Development control shall be by means of special construction standards and restrictions intended to promote the health, safety, and general welfare of the public by minimizing adverse environmental impacts.
(1) 
The following natural features shall be considered environmentally sensitive and shall be preserved in their natural state, unless specific approval is given by the Land Use Board, based upon the recommendation of the Environmental Commission, Shade Tree Commission, and Borough Engineer:
(a) 
Floodway or flood hazard areas as defined by the United States Department of Housing and Urban Development Federal Insurance Program Flood Rate Map, United States Army Corps of Engineers, and the New Jersey Department of Environmental Protection.
(b) 
Areas containing groupings of specimen trees of special historic or ornamental value determined by the Environmental Commission or the Shade Tree Commission.
(c) 
Existing blue-line streams, watercourses, ponds, marshes, and swamps.
(d) 
Freshwater wetlands and wetlands transition areas in accordance with the New Jersey Wetlands Act of 1970, the Freshwater Wetlands Act of 1987, and implementing regulations.[1]
[1]
Editor's Note: See N.J.S.A. 13:9A-1 et seq. and N.J.S.A. 13:9B-1 et seq.
(e) 
Flora and fauna on the New Jersey and/or Federal Endangered Species Lists and trees included on the Unique Trees Map of the Shrewsbury Borough Environmental Commission Natural Resources Inventory.
(2) 
Any construction activities proposed within any environmentally sensitive areas outlined in § 94-5.13A(1) above shall be carried out in accordance with applicable local, state, and federal regulations, only upon approval of the Land Use Board. In considering development applications in these areas, the Board may require the following:
(a) 
A complete site plan showing the location, development layout and details, phasing, and method of construction. Special construction methods to protect environmental features shall be identified.
(b) 
An environmental impact statement explaining the public need for the facility, or the benefit to the community from the construction thereof, along with the short- and long-range impacts on the environment.
(c) 
An alternatives analysis identifying what feasible alternatives may exist to disturbances of environmentally sensitive lands or natural features.
B. 
Preservation of steep slope areas.
(1) 
Scope. These regulations apply to the disturbance of land and the construction of permanent above- or below-grade structures, roads, driveways, parking areas, and other physical improvements in regulated steep slope areas.
(2) 
Objective. The purpose of this subsection is to minimize stripping and grading of steep slope areas as well as to minimize the disturbance of land and removal of vegetative cover. Adherence to these regulations shall assist in the preventing of soil erosion, siltation of streams, and other maintenance and safety concerns.
(3) 
Definition and identification. A "regulated steep slope area" is defined as:
(a) 
Any land area that contains a naturally occurring slope that is greater than or equal to 15% but less than 33.3%. Slope areas shall be identified based upon a topographic survey of a site prepared by a professional land surveyor, licensed in the State of New Jersey, using a maximum contour interval of two feet.
(b) 
Any lands that contain naturally occurring or man-made slopes in excess of 33.3%, as identified by the procedure outlined in Subsection B(3)(a) above.
(c) 
Absent credible evidence verifying that existing slopes 15% and greater are man-made, all slope areas of 15% and greater shall be considered naturally occurring, and therefore regulated. Accepted forms of credible evidence shall be limited to the following, which must be furnished at the time of application:
[1] 
Previously approved site or subdivision plans as evidenced by a resolution of the Land Use Board granting such approval.
[2] 
A grading plan specifically approved by the Borough Engineer.
[3] 
Historic aerial photographs of the site which demonstrate the presence or absence of physical improvements or mature vegetation.
[4] 
Evidence of the absence of mature trees (greater than 12 inches in diameter) in slope areas visible on aerial mapping of the site.
(4) 
Submission requirements. The below requirements shall be in addition to the applicable submission checklists contained elsewhere in Chapter 94.[2]
(a) 
The applicant shall prepare a steep slope analysis by delineating on a topographic map all lands with slopes equal to or greater than 15% but less than 33.3%; and slopes 33.3% and greater, including identification of the area(s) in square feet.
(b) 
If any limited or temporary disturbance is planned to a regulated steep slope area, or if a steep slope area has been disturbed by prior land use, a revegetation plan shall be provided. Permanent stabilization shall be carried out in accordance with the standards for soil erosion in New Jersey.
[2]
Editor's Note: The checklist for development applications is included as an attachment to this chapter.
(5) 
Performance requirements. The following performance requirements specifically apply to all lands which are the subject of an application for development in the Borough of Shrewsbury:
(a) 
Any regrading of lands, including the placement of permanent above- or below-grade structures, off-street parking areas, roadways, parking area access drives, recreational facilities, or other physical improvements, shall be prohibited in regulated slope areas, unless specifically permitted elsewhere in this chapter.
(b) 
The regrading of lands to create slopes greater than 15% is prohibited, except as specifically permitted elsewhere in the chapter, or by applicable state or federal regulations, and contained in a site plan or subdivision plan approved by the Land Use Board. Where the regrading of lands is permitted at a slope greater than 15%, the area shall be stabilized in accordance with standards for soil erosion and sediment control in New Jersey.
(c) 
The use of retaining walls, not exceeding six feet in height, shall be permitted as part of an overall site grading design, upon approval of the Land Use Board. Where multiple retaining walls are proposed, the slope, as measured from the top of a retaining wall to the top of an adjacent retaining wall, shall not exceed 15%.
(d) 
An approved application for development on a property that contains regulated slope areas shall provide a conservation easement for the continued protection of the lands containing regulated slopes. The conservation easement shall be perpetual, shall name the Borough of Shrewsbury as beneficiary, shall prohibit the disturbance or regrading of land or erection of any structures, including fences and walls, and shall be confirmed by deed recorded with the County Clerk.
(e) 
Any disturbances to steep slope areas which are ancillary to a site development plan that complies with the provisions of this chapter shall be stabilized in accordance with the requirements of the Standards for Soil Erosion and Sediment Control in New Jersey.
(6) 
Exceptions to performance requirements.
(a) 
Subsections B(5)(a) and (b) above do not apply if the aggregate total disturbance of regulated steep slope area is under 500 square feet.
(b) 
Subsections B(5)(a) and (b) above do not apply if the disturbance is needed for utility or drainage systems and no other alternative for their location is available, in the opinion of the reviewing authority and based on, among other considerations, the advice of the Board or Borough Engineer.
(c) 
Subsections B(5)(a) and (b) above do not apply if the disturbance is due to a drainage system and, in the opinion of the reviewing authority and based on, among other considerations, the advice of the Board or Borough Engineer, such system is beneficial in stabilizing the slope.
(d) 
Subsections B(5)(a) and (b) above do not apply to landscape berms or detention basins, regulated under Chapter 94 or permitted by applicable state regulations.
(e) 
The requirements of Subsections B(5)(a) and (b) above shall not apply to site access driveways or streets, excluding parking areas, in such cases where it can be adequately demonstrated that the literal enforcement of the regulations would result in an undue hardship being exacted upon the applicant and that no feasible alternative exists. The Land Use Board shall review and approve or deny the request for such relief based upon, among other considerations, advice of the Borough Environmental Commission, Shade Tree Commission, and Borough Engineer.
Whenever a person acquires title to the land underwater adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant; provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit shall not be applicable to meeting the minimum lot area for the governing zone.
Where applicable, the municipal agency shall require as a condition of subdivision or site plan approval that the owner convey to the Borough, drainage easements, conservation easements, sight triangle easements and/or shade tree and utility easements.
[Amended 7-11-1988 by Ord. No. 574]
Solid wastes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers. Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curbline for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing. Bulky household items, such as appliances, furniture and mattresses, which are impractical to place in containers, are subject to the same restrictions as other solid wastes. Solid wastes, including vehicle tires, which are to be picked up shall conform to the requirements established by the Department of Public Works for garbage and trash collection.
The dumping of refuse, waste material or other substances is prohibited in all districts within the municipality.
No nonresidential use, with the exception of farms, shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter.
[Amended 9-14-1987 by Ord. No. 559]
A. 
Temporary sales and the outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. Such temporary sales and displays shall be in accordance with a permit issued by the Zoning Officer. No business shall hold more than four such sales per year, nor shall any one sale exceed three days in duration. Goods for sale, displayed or stored outdoors, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line. An applicant for a permit for a temporary sales license shall be required to provide a diagram of the proposed temporary sales and/or outdoor display of goods area and proof of liability insurance for the proposed temporary sales and/or outdoor display of goods area. The fee for the required permit is $25 per day.
B. 
Temporary flea markets and sales operated by nonprofit groups, such as churches, may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. Such sales shall be in accordance with a permit issued by the Borough Clerk. No nonprofit group shall hold more than four such sales per year, nor shall any one sale exceed three days in duration. The fee for the required permit is $25 per day.
C. 
Coin-operated vending machines shall not be located farther than two feet from a related business structure.
A. 
For approved dwellings with a professional office or home occupation and within the designated area of a P-1 Zone District, no building with a professional office shall be constructed or altered so as to be inharmonious to the character of residential structures.
B. 
The types of construction not considered to be residential in character include storefront types of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles) and unfinished concrete blocks or cinder block wall surfaces.
[Amended 12-7-2020 by Ord. No. 2020-1077]
The exterior elevations shall be arranged and outer walls on nonresidential buildings shall be faced with materials approved by the Land Use Board in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.
[Amended 4-16-1996 by Ord. No. 713; 9-15-2003 by Ord. No. 815; 9-8-2009 by Ord. No. 932]
A. 
Residential properties. The outdoor storage of an unoccupied recreational vehicle, storage van, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
(1) 
A travel trailer, camper, storage van, or small boat shall not exceed 28 feet in length and eight feet in width.
(2) 
Only one such travel trailer or camper, one storage van, and one small boat shall be permitted to be stored outdoors at any single-family residence.
(3) 
Such storage shall not be located in any front yard. During the boating season (April 1 to November 1) of each year, boats may be parked in the driveway of designated areas.
(4) 
Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.
(5) 
Permanent or temporary overnight occupancy or use of a trailer, travel trailer, motor home, boat or recreational vehicle is not permitted in any zone, except that, in emergency situations, such occupancy or use may be permitted by the Borough Council for a period not to exceed 60 days. For good cause shown, the Council may extend the period of occupancy.
(6) 
Storage vans shall be permitted for a period not to exceed 60 days. For good cause shown, this period may be extended by the Borough Council.
(7) 
Trailers of contractors actively engaged in construction work, pods, and storage units being used for construction purposes, provided that said trailers, pods and storage units are located on the property owned by the resident and not in the Borough right of way or in any roadway, and are removed within 60 days of the completion of said construction.
(8) 
There shall be no more than two containers, trailers, pods, or dumpsters at any one given time.
B. 
Nonresidential properties.
(1) 
A storage van shall be permitted for a period not to exceed 60 days. For good cause shown, the Borough Council may extend the period of use.
(2) 
The Fire Marshal shall approve the location of the storage van.
C. 
Permit required.
(1) 
Permits for the following must be issued by the Zoning Officer prior to use:
(a) 
Temporary use of storage vans.
(b) 
Temporary occupancy of a recreational vehicle, camper trailer, motor home or boat by a resident.
(2) 
There shall be a $25 fee for a permit and a $5 fee for each extension.
[Amended 10-5-2020 by Ord. No. 1076]
A. 
No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 10,000 pounds or having more than two axles shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.
B. 
Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 10,000 pounds or less, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.
C. 
The aforementioned regulations for commercial vehicle storage shall not apply to vehicles located on and necessary to the operation of a farm.
[Amended 12-13-1993 by Ord. No. 670]
No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and the Freshwater Wetlands Act of 1987[1] and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection or delineated in accordance with regulations promulgated under the Act, except in accordance with a permit issued under the Act.
[1]
Editor's Note: See N.J.S.A. 13:9A-1 et seq. and N.J.S.A. 13:9B-1 et seq.
A. 
A developer applying for site plan or subdivision approval pursuant to Article VI of this chapter shall apply to and may be required to submit a soil erosion and sediment control plan to the Freehold Soil Conservation District for conformance with the New Jersey State Standards for Soil Erosion and Sediment Control.
B. 
The applicant shall provide a copy of the district certification of approval or letter of exemption.
A. 
Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located no closer than 15 feet to any property line.
B. 
Freestanding antennas over 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour.
[Amended 12-7-2020 by Ord. No. 2020-1077]
Within a flood hazard area designated pursuant to Article X, § 94-10.13B, and regulated pursuant to § 94-10.13, the following design standards shall apply to developments requiring a floodplain encroachment permit:
A. 
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
B. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction of substantial improvements shall be constructed by methods and practices that minimize flood damage.
C. 
Utilities.
(1) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.
(3) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D. 
Subdivision proposals.
(1) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(3) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4) 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.
(5) 
In reviewing subdivision applications, § 94-5.13, Preservation of environmentally sensitive features, and § 94-8.23, Lots, may be applied.
E. 
Residential construction. New construction or substantial improvement of any residential structure shall have the lowest structural member, including the basement, elevated one foot above the base flood elevation.
F. 
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest structural member, including the basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
G. 
Additional conditions. In areas of special flood hazard, any or all of the following measures may also be required:
(1) 
Floodproofing, to include any or all of the following:
(a) 
Installation of watertight doors, bulkheads and shutters or similar devices.
(b) 
Reinforced walls to resist water pressures.
(c) 
Use of paints, membranes or mortars to reduce seepage of water through walls.
(d) 
Addition of weight to structures to resist flotation.
(e) 
Installation of pumps to lower water levels in structures.
(f) 
Pumping facilities, or comparable measures, for the subsurface drainage system of buildings to relieve external foundation wall and basement flood pressures.
(g) 
Construction that resists rupture or collapse caused by water pressure or floating debris.
(h) 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
(i) 
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to inundation and flooding.
(j) 
Adequate emergency electrical power supplies.
(2) 
Imposition of operational controls, sureties and deed restrictions.
(3) 
Requirements for construction of dikes, levees and other protective measures.
(4) 
Installation of an adequate flood warning system on the project site.
(5) 
All fill and other earth work must be established according to the Freehold Soil Conservation District.
H. 
Floodways. Located within areas of special flood hazard established in § 94-10.13B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1) 
Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) 
If Subsection G(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 94-5.27.
(3) 
The placement of any structure in a floodway is prohibited.
(4) 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.
I. 
Floodplains and resource protection areas. Site plan and subdivision layouts shall comply with the following:
(1) 
No structure or parking area, including, but not limited to, commercial businesses and residential buildings, or fill, will be allowed within 50 feet of the 100-year floodplain of existing ponds, lakes, floodways, or stream corridors, nor within wetlands, marshlands and riparian lands, unless a regulated use permit has been issued in accordance with the procedure and regulations of § 94-5.27 of this chapter.
(2) 
Impervious surfaces shall not exceed 20% of the area of the tract within 80 feet of a floodplain, without a regulated use permit.
(3) 
Any other resource protection area, as herein defined, including, but not limited to, marshlands (areas wherein standing water is retained for 24 or more consecutive hours and to which vegetation unique to marshes, swamps or wetlands has become adapted) and areas where conservation is required, shall not be encroached upon if, in the opinion of the Borough Engineer, through consultation with the Environmental Commission, encroachment or construction upon such resource area will constitute a hazard to existing drainage patterns and to the balance of the natural environmental systems within and adjacent to the area of the site.
J. 
Design waivers. The Land Use Board may grant waivers from the design standards of this section. In reviewing requests for waivers, the Board shall consider the following:
(1) 
Waivers may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the standards of this section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2) 
Waivers may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
(3) 
Waivers shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) 
Waivers shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief.
(5) 
Waivers shall only be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the waiver would result in exceptional hardship to the applicant; or
(c) 
A determination that the granting of a waiver will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; or conflict with existing local laws or ordinances.
(6) 
Any applicant to whom a waiver is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(7) 
In reviewing a request for a waiver, the Land Use Board may consider the following:
(a) 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(b) 
The danger that materials may be swept onto other lands or downstream to the injury of others.
(c) 
The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination and unsanitary conditions resulting from flooding.
(d) 
The susceptibility of the proposed use to flood damage and the effects of such damage.
(e) 
The need for a waterfront location and the availability of alternate locations not subject to flooding within the applicant's property.
(f) 
The duration, rate of rise, effects of wave action, velocity and sediment transport of floodwaters expected at the site.
(g) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(h) 
The extent to which the water-carrying capacity of the floodway or channel would be disrupted.
(i) 
The degree to which the proposed use would serve the general public health, safety and welfare.
(j) 
The degree to which any aspect of the food chain or plant, animal, fish or human life processes would be affected adversely within or beyond the proposed use area.
(k) 
Whether the proposed use provides adequate facilities for the proper handling of litter, trash, refuse and sanitary and industrial wastes.
(l) 
The degree to which the proposed activity would alter natural water flow or water temperature.
(m) 
The degree to which archaeological or historic sites and structures are endangered or rare species of animals or plants and irreplaceable land types would be degraded or destroyed.
(n) 
The degree to which the natural, scenic and aesthetic values at the proposed activity site could be retained.
(o) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, and streets and bridges.
A. 
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards.
(1) 
As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
(2) 
The municipal agency may require that specific types of equipment, machinery or devices shall be installed, or that specific operating procedures or methods shall be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
(3) 
Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.
(4) 
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or administrative officer (Zoning Officer) may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question.
(5) 
Conditional permit.
(a) 
In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
(b) 
Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
B. 
Applicability and enforcement of performance standards.
(1) 
Applicability.
(a) 
Prior to construction and operation. Any application for a development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(b) 
For existing structures. Any existing structure or use which is, after the effective date of this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
(2) 
Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or administrative officer (Zoning Officer).
(3) 
Termination of violation. All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
(4) 
Violation inspection. Whenever, in the opinion of the Construction Official or administrative officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements and analyses.
C. 
Performance standards established.
(1) 
Noise.
(a) 
The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.
(b) 
No person shall cause, suffer, allow or permit nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:
[1] 
A continuous airborne sound which has a sound level in excess of 50 decibels.
[2] 
A continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands:
Octave Band Center Frequency (Hz)
Octave Band Sound-Pressure Level (dB)
31.5
86
63
71
125
61
250
53
500
48
1,000
45
2,000
42
4,000
40
8,000
38
[3] 
An impulsive sound in the air which has an impulsive sound level in excess of 80 decibels.
(c) 
The provisions of this section shall not apply to:
[1] 
Agriculture.
[2] 
Bells, chimes or carillons while being used in conjunction with religious services.
[3] 
Commercial motor vehicle operations.
[4] 
Emergency energy release devices.
[5] 
Emergency work to provide electricity, water or other public utilities when public health or safety are involved.
[6] 
National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger, such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.
[7] 
Noise of aircraft flight operations.
[8] 
Public celebrations.
[9] 
Public roadways.
[10] 
Stationary emergency signaling devices.
[11] 
Surface carriers engaged in commerce by railroad.
[12] 
Rail operations.
[13] 
The unamplified human voice.
[14] 
Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosives Act (N.J.S.A. 21:1A-128 et seq.).
(2) 
Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code,[1] as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.
(a) 
Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(b) 
Solid particles.
[1] 
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2] 
In any other zone, except industrial zones, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
[3] 
In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
[4] 
No open burning shall be permitted in any zone.
[5] 
All incinerators shall be approved by the State Department of Environmental Protection.
[6] 
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(c) 
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
[1]
Editor's Note: See N.J.S.A. 26:2C-1 et seq. and N.J.A.C. 7:27-1.1 et seq.
(3) 
Liquid waste. No liquid waste shall be stored outside or discharged into any watercourse, storm drain or sewage collection and disposal system nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Borough Public Works Department, Health Department and Borough Engineer and where required by the New Jersey Department of Environmental Protection. No liquid wastes may be stored outdoors.
(4) 
Solid waste. All uses in the Borough shall:
(a) 
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the Borough assumes the responsibility.
(b) 
Comply with all applicable provisions of the Air Pollution Control Code.
(c) 
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council, of the State Department of Environmental Protection.
(d) 
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(e) 
Not engage in any sanitary landfill operation on the property, except as may be permitted by other Borough codes and ordinances.
(5) 
Radiation. All uses of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the United States Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.
(6) 
Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the Building Code of the Borough, and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Shrewsbury Borough Fire Department.
(7) 
Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.1 inch per second for impact vibrations. Particle velocity is to be determined by the formula 6.28FA, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.
(8) 
Electromagnetic interference. There shall be no electromagnetic interference that:
(a) 
Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference; or
(b) 
Is not in conformance with the regulations of the Federal Communication Commission.
(9) 
Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.
(10) 
Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
(11) 
Glare. There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts.
(12) 
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(a) 
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(b) 
Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
(c) 
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
It is the intent of this section to assure that the public health, safety and welfare is not impaired by the neglected maintenance of the buildings and property. It is further intended to assure that site improvements required by a municipal agency are properly maintained and operable. It shall be the administrative officer's responsibility to enforce this section where property conditions pose a hazard to the public or where a property owner fails to maintain a required site improvement. It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the Borough which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations:
A. 
Maintenance of all land uses within the Borough shall include, but is not limited to, the following:
(1) 
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(2) 
Paint striping, traffic control signs and markings and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(3) 
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
(4) 
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regarded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(5) 
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
(6) 
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this article, they shall be replaced only). All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(7) 
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
(8) 
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
(9) 
All outdoor lighting shall be maintained in a working condition.
B. 
All land areas for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include, but are not limited to, the following:
(1) 
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
(2) 
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.
C. 
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be in violation of this chapter and subject to the penalties prescribed in § 94-3.9 of this chapter.
[Amended 12-13-1993 by Ord. No. 670]
The keeping of horses, sheep, cattle or other animals, except domesticated cats or dogs, is prohibited except within a lot containing two acres or more and except within an enclosure within at least 50 feet from each lot line. The keeping of pigs and/or goats on any land in the Borough is prohibited.
[Amended 12-7-2020 by Ord. No. 2020-1077]
All proposed applications for development in any Historic District or on lands which contain a historic building, place or structure, established within the Borough, shall be referred to the Land Use Board for certificate of appropriateness consideration prior to action on the application by the municipal agency. Proposed developments within any Historic District or which contain a designated historic building, place or structure in the Borough should be designed to accomplish the following goals and objectives:
A. 
The existing character and appearance of the Historic District shall be preserved.
B. 
Wherever feasible, existing structures should be restored in lieu of new construction.
C. 
All proposed developments should be compatible and consistent with existing development and the concept of the Historic District in relation to the following:
(1) 
Architectural design.
(2) 
Color scheme of buildings.
(3) 
Size, type, color and design of signs.
(4) 
Scale of the use and structure.
(5) 
Walls and fences.
D. 
Visual compatibility factors. Visual compatibility factors will be applied to Historic District structures.
[Added 4-9-1990 by Ord. No. 606]
The installation of accessory radio and television antennas shall conform to the use and bulk requirements of this chapter. Such antennas shall also be controlled by the following additional limitations:
A. 
The location of such antennas shall be restricted as follows:
(1) 
Such structures shall not be located within any required front, side or rear yard areas applicable to principal structures.
(2) 
Antenna structures may only be located to the rear of any principal structure.
(3) 
Antenna structures shall be set back a distance equal to the total height of the antenna structure from any lot line, electric power line, street or parking area.
(4) 
Antenna structures shall be set back a distance equal to 1/2 the total height of the antenna structure from any front, rear or side setback line, other structures or any buffer.
(5) 
All satellite dish installations which are to be screened by plant material shall be situated at a location which will not, in the future, require relocation as a result of obstruction of the antenna's reception window by permitted development on adjoining properties.
B. 
Such antennas shall be further restricted as follows:
(1) 
Antenna structures shall not be utilized to support lights other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes.
(2) 
Antenna structures shall not be utilized to support signs, logos or other graphics.
(3) 
All wiring or connecting cables leading to or from the antenna structure shall be buried underground.
C. 
All transmitting antennas shall be further restricted as follows:
(1) 
All commercial radio and television transmission facilities, including AM, FM and television broadcast stations, public safety radio services, cellular radio/telephone service, microwave or other forms of electromagnetic transmission, shall be subject to the performance standards of this chapter for radiation and electromagnetic interference.
(2) 
All transmitting antennas or towers shall be enclosed by a chain-link fence not less than six feet in height. This chain-link fence shall be in addition to screening requirements.
(3) 
Any accessory building for housing equipment for the operation of a commercial antenna or tower shall not be greater than one story, shall not exceed a building height of 12 feet and shall not exceed 150 square feet.
[Added 9-6-2011 by Ord. No. 966]
A. 
A solar energy system is hereby permitted as an accessory use in all zoning districts. Solar energy systems must meet the standards and conditions set forth below.
B. 
The primary purpose of a solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be used for the generation of power for consumption on other properties.
C. 
Solar energy systems shall only be permitted as an accessory use on the same lot as the principal use and shall be roof-mounted only. Applications for a solar energy system shall include information demonstrating compliance with the provisions of this section.
D. 
Solar panels shall be permitted as a rooftop installation upon the principal structure in any zoning district. The solar panels shall not exceed a height of eight inches above the rooftop. In no event shall the placement of the solar panels result in a total height greater than what is permitted in the zoning district for a principal structure.
E. 
Solar energy systems shall not be used for displaying any advertising except for one identification of the manufacturer of the system, which shall not exceed six inches by six inches in size. In no case shall any identification be visible from a property line.
F. 
The design of roof-mounted solar energy systems shall, to the extent reasonably possible, use materials, colors and textures that will blend the facility into the natural setting and existing environment. The provisions of § 94-8.31 shall not apply to roof-mounted solar energy systems.
G. 
The installation of a solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.
H. 
The installation of a solar energy system is subject to all public utility requirements for installation.
I. 
Site plan. Site plan approval must be obtained for all nonresidential solar energy systems.
J. 
Every owner of property seeking to install a solar energy system shall file a zoning permit application and receive approval of same from the Zoning Officer prior to construction of any solar energy system.
[1]
Editor's Note: Former § 94-5.33, Hours of operation at construction sites, added 8-21-2006 by Ord. No. 877, was repealed 10-5-2020 by Ord. No. 1076, as duplicative of the provisions already included in Ch. 141, Hours of Operation at Construction Sites, adopted in 1988 by Ord. No. 570. See now Ch. 141.