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.
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]
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.
(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.
(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, 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.
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 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.
[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.
(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.
(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.
(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 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.
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:
[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.
[10] Stationary emergency signaling
devices.
[11] Surface carriers engaged in commerce
by railroad.
[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, 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.
(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:
(2)
Color scheme of buildings.
(3)
Size, type, color and design of signs.
(4)
Scale of the use and structure.
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.