[Amended 5-16-1988 by Ord. No. 965]
An accessory building or structure shall be defined as a building subordinate to the principal building on the same lot, used for purposes customarily incidental to those of the principal building, but with neither sleeping nor cooking facilities.
B.
The term "accessory building or structure" shall include but not be limited to the following, whether prefabricated or constructed on-site:
C.
Accessory buildings and structures shall be governed by the following regulations. Accessory buildings and structures in all residential zoning districts which are not attached to a principal building or structure may be erected in any side yard or rear yard, provided that:
(1)
Except as provided in § 416-32, no such accessory building or structure shall exceed 12 feet in height.
(2)
No such accessory building or structure shall be located closer to any lot line than four feet.
(3)
The aggregate of all such accessory buildings and structures shall not occupy more than 30% of the area of the side or rear yard in which said accessory building or structure is located or 150 square feet (area of accessory building), whichever is lesser.
(a)
An exception is granted for the area of a garage and/or carport. The maximum area for such an accessory building shall be 250 square feet for a one-car garage or carport and 450 square feet for a two-car garage or carport.
[Added 5-18-1998 by Ord. No. 1220]
(4)
No accessory building or structure shall be located closer to the street right-of-way line than the required front yard setback of the principal building. In no event, within the front yard, shall any accessory building or structure be located between the principal building and the street right-of-way line. Sections 416-11D and 416-13B shall also apply to all accessory buildings and structures.
(5)
No portion of an accessory building or structure shall be used for living quarters, temporary or permanent.
(6)
No accessory building or structure shall be located closer to a single-family dwelling than five feet.
(7)
No accessory building or structure shall be located close to a two-family or garden apartment dwelling than 10 feet.
D.
Except as provided in § 416-32, accessory buildings and structures which are attached to the principal building and within all residential zoning districts shall comply in all respects with the requirements of this chapter governing the principal building.
E.
Accessory buildings and structures in all nonresidential zoning districts which are not attached to a principal building or structure may be erected in any side yard or rear yard, provided that:
(1)
No such accessory building or structure shall exceed 15 feet in height, except as provided in § 416-32.
(2)
No such accessory building or structure shall be located closer to any lot line than 15 feet. This shall not apply to retaining walls and fences, provided that these do not exceed six feet in height.
(3)
The aggregate of all such accessory buildings or structures shall not occupy more than 25% of the side yard or rear yard in which said accessory building or structure is located.
(4)
No accessory building or structure shall be located closer to the street right-of-way line than the required front yard setback of the principal building. In no event, within the front yard, shall any accessory building or structure be located between the principal building and the street right-of-way line. Sections 416-11D and 416-13B shall also apply to all accessory buildings and structures.
(5)
No portion of an accessory building or structure shall be used for living quarters, temporary or permanent.
(6)
No accessory building or structure shall be located closer to a principal building or structure than 18 feet.
[Amended 11-16-1987 by Ord. No. 946; 5-18-1998 by Ord. No. 1220]
A.
Swimming pools, hot tubs and other bodies of water being at least 12 inches deep or having a surface area of at least 25 square feet and a greatest depth of at least 12 inches, used for swimming or bathing, shall be in conformity with the following regulations and requirements. Those having dimensions or depth of less than those stated hereinabove shall not be subject to these regulations or requirements, unless the swimming pool, hot tub or other body of water is permanently equipped with a water recirculating system or involves structural materials.
B.
Swimming pools, hot tubs and other bodies of water shall not encroach on any front or side yard required by this chapter. No wall of a swimming pool, hot tub or other body of water shall be located less than 10 feet from any rear or side yard property line or 25 feet from any street property line. For swimming pools, hot tubs or other bodies of water built above ground, the outside of the walkway or rail shall be the governing factor for the setback line.
C.
It shall be unlawful for any person to establish or construct any pool in the Borough without first having obtained a permit therefor, in the manner hereinafter provided.
(1)
An application for such permit shall be made to the Construction Official and the Board of Health and shall consist of the following:
(a)
A plot plan showing property lines of the premises, all existing houses and structures thereon, abutting streets and properties and the location and dimensions of the proposed pool and its auxiliary structures. No pool shall be located within 10 feet of any boundary line, and shall be in conformance with existing Borough ordinances.
(b)
Plans and specifications for the proposed pool and all auxiliary structures and appurtenances related thereto. The plans and specifications must state that a barricade enclosing any excavation shall be erected prior to commencement of the excavating work and will not be removed until an enclosure which complies with Subsection K is installed. The barricade must comply with the specifications for pool enclosures described in Subsection K. The plans and specifications must state the height, type of material comprising the barricade and other specifications required by this chapter. The Construction Official shall determine whether the barricade will reasonably protect the public, and in particular small children, by making the excavation inaccessible.
(c)
A description of the method of disinfection, treatment and disposal of the water to be used by the owner or operator of the pool.
(d)
Tender of fees shall be provided in the Fee Schedule.
D.
The Construction Official and the Board of Health, within 30 days after receiving the properly executed application for such pool permit, shall:
(1)
Approve the application as submitted and cause the permit to be issued; or
(2)
Approve the application subject to such additional sanitary safeguards in respect to the particular premises to be so used as the Construction Official and the Board of Health deems that the public health may require and, upon receipt of an amended application providing for the additional sanitary safeguards prescribed, the Construction Official and the Board of Health shall cause the permit to be issued; or
(3)
Reject the application.
E.
No person shall make changes, alterations or modifications in any pool, if such changes, alterations or modifications are of a nature which may affect the public health or safety, until such plans and specifications therefor shall first have been submitted to and approved by the Construction Official and the Board of Health. When granting approval, the Construction Official and the Board of Health may stipulate such changes, alterations or modifications or conditions as either deems that the public health and safety may require. The granting of a permit shall be made subject to the compliance by the applicant with the provisions of this chapter. The plans and specifications shall satisfy the criteria stated in Subsection C(1)(b).
F.
The permit shall be on a form prescribed by the Board of Health, to be issued subject to the provisions of this chapter and such additional sanitary safeguards in respect to the particular premises to be so used as the Board deems that the public health may require. The permit shall be made available for inspection at the swimming pool and may be revoked for cause by the Board of Health, or for violation of the terms of this chapter and the additional sanitary safeguards prescribed by the Board of Health in granting the permit.
G.
Artificial pools shall be so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at all times. Inlets shall be so located and spaced as to secure satisfactory dispersion of inflowing waters throughout the pool and to permit drainage, cleaning and disinfecting of the bottom and sides.
H.
Owner or contractor shall submit with their plot plan proposed finished grades at the property lines and at the edge of all paving areas surrounding the pool.
I.
There shall be no physical connection between a potable, public or private, water supply system and a pool, at a point below the maximum flow line of the pool or to a recirculating or heating system of a pool, unless such physical connection is so installed and operated that no pool water can be discharged into such potable water supply system.
J.
The discharge of any wastewater shall in no case cause a nuisance. The drainage waste from any pool shall be discharged into a sand filtering bed, or, if not practical, then, with the approval of the Board of Health, into a seepage pit or storm sewer, if accessible, all as to the Board of Health shall require and specify.
K.
Fences and gates.
(1)
Every person owning land on which a swimming pool, fish pond or other body of water is situated having a maximum depth of at least 12 inches and a surface area of 25 square feet or more shall erect and maintain an enclosure surrounding the property or pool area, sufficient to make the pool, pond or body of water inaccessible to small children. Any such pool, pond or body of water shall be deemed an obvious hazard, attractive to small children, thereby requiring regulation by the Borough's Construction Official and Board of Health.
(2)
The enclosure, including gates thereon, may not be less than four feet above the underlying ground; all gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible to small children. When the pool is not being used or occupied, all gates must be kept locked.
(3)
The enclosure must be maintained in accordance with this chapter at all times. Repairs must be made within a reasonable time, as the Construction Official may determine. The Construction Official may require the landowner to erect a barricade as provided in Subsection C to keep the pool, pond or body of water inaccessible to small children. The barricade may be removed only upon completion of the required repair.
L.
The Construction Official and Health Officer shall respectively have the duty to enforce the provisions of Article VII. The owner or operator of any pool within the Borough shall allow these officials or other authorized Borough officials onto his property at all reasonable times and provide access to any pool and appurtenances. The purposes of inspection will be to ascertain compliance with this section and all other Borough ordinances.
[Added 10-5-1987 by Ord. No. 939]
A.
All fences shall be governed by the following regulations:
(1)
All fences must be erected within the property lines and no fences shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or with visibility on corner lots.
[Amended 5-18-1998 by Ord. No. 1220]
(2)
If the Construction Official, upon inspection, determines that any fence is not being maintained in a safe, sound and upright condition, he shall notify the owner of such fence, in writing, of his findings and shall state briefly the reasons for such findings. The Construction Official may order such fence or portion of such fence to be removed or repaired within 10 days of the date of the written notice. Each day that the owner fails to obey the order shall constitute a separate violation of this chapter. Any fence existing upon the effective date of this chapter which does not conform with the regulations hereof may be repaired or replaced only as provided herein. Any nonconforming fence, damaged to less than 50% of its previous existing area, may be restored or reconstructed to its previous dimensions. Any replacement or reconstruction made within five years shall be considered as part of the fence area requiring restoration, replacement or reconstruction, to determine whether less than 50% is effected.
(3)
Fences must be installed as close to the ground as possible and six to 12 inches in from the lot lines. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum permitted height.
[Amended 5-18-1998 by Ord. No. 1220]
(4)
Fences must be constructed with the face or finished side away from the property and the structural toward the interior.
(5)
Fences which are painted shall be painted in only one color. Multicolored fences are prohibited.
(6)
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed.
(7)
The following fences and fencing materials are specifically prohibited: barbed-wire fences, short pointed fences, canvas, cloth, electrically-charged fences, poultry netting, snow fences (except as temporary fencing otherwise permitted by ordinance), expandable and collapsible fences.
B.
Fences shall have the dimensions and be located in accordance with the following:
[Amended 5-18-1998 by Ord. No. 1220; 6-5-2000 by Ord. No. 1295]
(1)
Fences between the front property line and the building line shall not exceed three feet in height above ground level.
(2)
Fences within a radius of 25 feet from the corner of an intersection of any two or more roadways shall not exceed 2 1/2 feet in height above the curb level.
(3)
Fences between the front building line and the rear line of the building shall not exceed six feet in height above ground level.
[Amended 11-1-2010 by Ord. No. 1715]
(4)
Fences from the rear line of the building to the rear of the property line and along the rear property line shall not exceed six feet in height above ground level.
[Amended 6-23-2008 by Ord. No. 1618]
C.
Application for such fences shall be made, in writing, to the Construction Official and shall set forth the following information:
(1)
The owner and the address of the premises where the fence is to be erected, including property survey.
(2)
A description and specification of the fence, including size, height, dimensions, material and size of percentage of openings.
(3)
A sketch or plan of the fences.
(4)
A sketch or plan of the premises in question, which shall show the streets abutting and the nearest intersection.
[Amended 5-18-1998 by Ord. No. 1220]
(5)
The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the sketch or plan. If the Construction Official, upon inspection, determines that any fence has not been constructed or located as shown on the plan or sketch, he shall provide notice of his findings, in writing, to the owner. The notice may contain an order that the fence be constructed or repaired according to the plans or sketch. The owner shall either remove the fence or comply with the Construction Official's order within 10 days of its service upon him. Every day the owner fails to obey the order shall constitute a separate violation of this chapter.
D.
The Construction Official may approve the construction of such fence, not to exceed five feet in height, if it complies with the terms hereof, and provided it is set back a reasonable distance from the property line so as to permit its erection and maintenance without trespassing on property of other persons, provided that it does not unreasonably obstruct the environment of light and air to the owners of adjoining property, and provided further that it does not endanger the safety of persons lawfully using public streets.
F.
Fences in all nonresidential zoning districts are governed by the following regulations:
(1)
Fences are required for all properties in all nonresidential zoning districts where such properties abut any residential zoning district boundary line. However, in all such instances, a wall conforming to the requirements of Code of the Borough may be utilized instead of a fence.
(2)
All fences in nonresidential zoning districts are subject to Planning Board approval, unless the fence is part of a development and application, in which that event, it shall be subject to the approval of the board having jurisdiction over the application. Any application for the erection or installation of a fence in a nonresidential zoning district shall be made upon notice to adjoining property owners, in conformance with N.J.S.A 40:55D-1 et seq.
G.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed.
[Added 5-18-1998 by Ord. No. 1220]
Outside storage areas shall be governed by the following regulations:
A.
Flammable and explosive liquids, solids or gases shall be stored in appropriate containers as regulated in the Borough's Fire Prevention Code.[1] Such materials shall not be permitted for outdoor storage in residential zoning districts and shall not be stored on lots abutting residential zoning districts.
B.
No material or wastes which might cause fumes or dust or which might constitute a fire hazard or which may be edible by or otherwise attractive to animals or insects shall be stored outdoors unless in closed containers.
C.
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall be subject to the provisions of § 416-29.
D.
It shall be the duty of the Construction Official and the Health Officer, respectively, to enforce the provisions of this section. The property owner with any outdoor storage area within the Borough shall allow Construction Official and Health Officer or other authorized official access to any outdoor storage area for the purpose of inspection to ascertain compliance with this section and all other Borough ordinances at all reasonable times.
[Amended 5-18-1998 by Ord. No. 1220]
Home and professional occupations shall be governed by the following regulations:
A.
Home occupations shall be carried on within the principal building, and the floor area used for that purpose shall not exceed the equivalent of 40% of the area of the ground floor of the dwelling unit or 400 square feet, whichever is less.
B.
Home and/or professional occupations may be carried on only by a resident.
[Amended 5-18-1998 by Ord. No. 1220]
C.
Articles sold or offered for sale shall be limited to those produced in the dwelling unit.
D.
There shall be no exterior display, no exterior storage of materials, no exterior sign and no exterior indication of a home occupation. In the case of a licensed or registered professional, an exterior sign subject to § 416-56A(1) herein shall be permitted.
E.
There shall be created no dangerous, injurious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold or dampness; electromagnetic or other disturbances; glare; liquid or solid refuse or other wastes; or other objectionable substance, condition or element. All performance standards established in Article XII herein shall be complied with, where applicable.
I.
Home professional offices may be located in one-family dwellings, provided that such professional office be carried on within the principal building and the floor area used for that purpose shall not exceed 50% of the ground floor area of the dwelling unit.
J.
An application for the use of a dwelling for a home and/or professional occupation shall include the following information:
[Added 5-18-1998 by Ord. No. 1220]
[Amended 4-6-1987 by Ord. No. 925; 5-18-1998 by Ord. No. 1220; 4-15-2002 by Ord. No. 1381]
A. AMATEUR RADIO SERVICE CITIZENS BAND RADIO SERVICE PERMANENT ANTENNA SUPPORT STRUCTURE TEMPORARY SINGLE POLE ANTENNA
Definitions. As used in this section, the following terms shall have the meanings indicated:
A radio communication service of self-training, intercommunication, and technical investigation carried on by amateur radio operators, licensed by the Federal Communications Commission.
A private, two-way, short-distance voice communications radio service for personal or business activities of the general public.
A structure that is not portable and is permanently secured or affixed to the ground or to a structure.
An antenna that is not permanently affixed by way of a support structure and consists of a portable single-pole antenna not exceeding four inches in diameter with an antenna affixed to the top of the pole.
B.
Amateur radio/citizen band radio antennas. Amateur radio/citizen band radio antennas shall be governed by the following regulations:
(1)
All amateur radio/citizen band antenna support structures attached to a building or structure or located as an accessory use in rear or side yards shall require site plan approval, except temporary single-pole constructed antenna which are not permanently affixed by way of a support structure. The height of a temporary single-pole constructed antennae shall be the height necessary to reasonably accommodate amateur radio communications.
(2)
Notwithstanding the requirement of § 416-8, the height for any antenna support structure shall be that height necessary to reasonably accommodate amateur radio communications while protecting local governmental concerns. In determining the allowable height, the approving authority shall consider and may condition approval upon the following criteria.
(3)
No more than one amateur radio permanent support structure shall be permitted on any residential or commercial property.
(4)
In applying for site plan approval, the applicant shall provide, and not by way of limitation, the following information:
(5)
Antenna, boom, antenna elements and permanent antenna support structures shall only be installed within the rear yard, side yard or attached to the principal building. No parts of the antenna, boom, antenna elements and support structure shall extend beyond the property lines of the rear and side yards.
(6)
All antenna and antenna support structures which are constructed, installed or erected at grade and not attached to the principal structure shall have a safety anticlimbing device or structure or a fence surrounding the antenna support structure at least five feet in height.
(7)
No antenna or any extension thereof shall encroach upon adjoining or contiguous property not owned or leased by the owner or operator of the amateur or radio/citizen band radio unless an agreement, in writing, is executed by the parties in question. Said writing shall be filed with the Borough Building Department.
[Added 12-5-1988 by Ord. No. 971]
A.
This section, entitled the "Satellite Antenna Ordinance," is intended to provide regulations, standards and procedures for the use, dimensions and placement of satellite antennas within the Borough of River Edge. The purpose of this chapter is to promote the public health, safety, welfare, aesthetics and maintenance of a desirable visual environment as that term is used in N.J.S.A. 40:55D-2i. The right of a private property owner to use a satellite antenna is recognized; the regulations imposed by this chapter serve to permit such use in harmony with the intent and purpose of the Borough's Zoning Code and Master Plan.
B.
Conditional use. A satellite antenna shall be a conditional use in every residential and commercial zoning district; a satellite antenna shall not be a permitted or conditional use in any Conservation District (P-1). Nothing in this section shall be construed to regulate the installation or erection of residential dish antennas with a dish diameter of less than three feet or commercial dish antennas with a dish diameter of less than 6 1/2 feet. The installation and erection of said antennas shall comply with all applicable regulations of the Federal Communications Commission.
[Amended 6-20-2005 by Ord. No. 1499]
C.
Accessory use. A satellite antenna may be erected only as an accessory use on a lot. There shall be only one satellite antenna on any lot.
D.
Administration. No satellite antenna may be erected except upon approval of the Planning Board. The Planning Board shall conduct a public hearing of an application for conditional use approval and shall thereafter determine whether to permit the erection and use of a satellite antenna. The public hearing shall be held upon notice in accordance with N.J.S.A. 40:55D-12.
E.
Determination criteria. The Planning Board shall make its determination in accordance with N.J.S.A. 40:55D-67 and this Zoning Code. However, the Planning Board shall, in granting approval, specifically determine that the placing of a satellite antenna in the area and place desired, even if it complies with the design standards of this chapter, shall not adversely affect the visual environment as that term is defined by N.J.S.A. 40:55D-2.
F.
Submission procedures. Any property owner shall submit to the Construction Official a conditional use application and a plan in conformance with this chapter and the fee herein required.[2]
[2]
Editor's Note: Regulations covering application requirements for conditional use and installation of a satellite dish are on file in the Borough offices.
G.
Contents of plan. The plan shall be drawn on a map to a scale not smaller than one inch equals 50 feet and not larger than one inch equals 10 feet and shall include and show the following information:
(1)
The name and address of the applicant and the owner and the name, address and the title of the person preparing the plan and accompanying data, the date of preparation and the dates of each revision, where applicable.
(2)
An appropriate place for the signature of the Construction Official and Planning Board.
(3)
The lot and block number(s) of the lot(s) from the Borough Tax Maps, and the length and bearings of the lot lines of the proposed project.
(4)
The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties, together with the names and addresses as disclosed on the Borough Tax Map and tax rolls as of the date of the application, and the location of existing buildings within 200 feet of the site in question.
(5)
All existing buildings and structures and all necessary buildings or structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.
(6)
All existing and proposed setback dimensions, landscape areas and trees on the site having a diameter of six inches measured one foot above the base.
(7)
All existing and proposed plantings intended to provide screening.
(8)
Any and all other information deemed necessary by the Planning Board to meet any of the requirements of this chapter not listed above.
H.
Design standards. Satellite antenna, as conditional accessory uses, shall be permitted as follows:
(2)
Residential dish antennas having a dish diameter of more than three feet and less than seven feet.
[Amended 6-20-2005 by Ord. No. 1499]
(a)
May be located in any zoning district other than a P-1 Conservation District;
(b)
May be ground-mounted, but if so, may be located only in a rear yard and must comply with all setback requirements for accessory buildings or structures, depending upon the zoning district in which it is located. No ground-mounted satellite antenna may be located in any required buffer area;
(c)
If ground-mounted, the satellite antenna shall be screened in accordance definition of "screening" found in § 416-4B;
(d)
Any connection, whether electrical or otherwise, from a ground-mounted satellite antenna to the principal building shall be by underground cable;
(e)
Shall be designed and shall be used only by the occupants or residents of the principal building or structure on the subject premises. No connection shall be permitted, whether electrical or otherwise, to adjacent properties;
(3)
Satellite antennas having a dish diameter more than seven feet but less than 12 feet in diameter:
(a)
May be located in any zoning district, other than a P-1 Conservation District;
(b)
May be ground-mounted only, in a pit or berm with screening conforming with definition of "screening" found in § 416-4B;
(c)
May be located only in a rear yard area;
(d)
May, with all other structures, patios, decks and impervious surfaces in the rear yard, occupy no more than 50% of the required rear yard and must comply with all other zoning requirements for accessory uses in its district;
(e)
May not be any closer to the rear property line or either side property line than the height of said satellite antenna and its support structure or be within any required setback, whichever results in the greatest setback from any yard line;
(f)
The bottom of the satellite antenna may not be higher than 13 inches above the ground, where located;
(g)
Satellite antennas shall be designed and used only by the residents or occupants of the principal building on the subject premises;
(h)
Any connection, whether electrical or otherwise, from a ground-mounted satellite antenna to the principal building shall be by underground cable; the satellite antenna shall be designed and shall be used only by the occupants or residents of the principal building or structure on the subject premises. No connection shall be permitted, whether electrical or otherwise, to adjacent properties;
(4)
Satellite antennas more than 12 feet but not to exceed 23 feet in diameter:
(a)
May be permitted only in C-2 Commercial Office zoning districts;
(b)
May be ground-mounted only in a pit or berm with screening in conformance with definition of "screening" found in § 416-4B;
(c)
May be located only in rear yard area;
(d)
Must with all other structures and impervious surfaces comply with all other zoning and site plan requirements in its district;
(e)
May not be any closer to the rear property line or either side property line than the height of said satellite antenna or be within any required setback, whichever results in the greatest setback from any yard line;
(f)
The bottom of the satellite antenna may not be higher than 13 inches above the ground, where located;
(g)
Satellite antennas shall be designed and used only by the occupants of the principal building on the subject premises. No connection shall be permitted, whether electrical or otherwise, to adjacent properties;
(h)
Any connection, whether electrical or otherwise, from a ground-mounted satellite antenna to the principal building shall be by underground cable.
(5)
Any satellite antenna in excess of 23 feet in diameter is prohibited.
(6)
The design standards set forth herein above shall not apply to any public law enforcement apparatus, public safety apparatus or installations mounted within a fully-enclosed principal building.
I.
Fees. The fee for an application to install or erect a residential satellite antenna having a dish diameter of more than 36 inches or a commercial satellite antenna having a dish antenna of more than 6 1/2 feet shall be set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk.
[Amended 12-16-1996 by Ord. No. 1172; 6-20-2005 by Ord. No. 1499]
[Added 5-16-1988 by Ord. No. 965; amended 5-18-1998 by Ord. No. 1220]
A.
In residential zones, paved areas for vehicular purposes from the front lot line to the thirty-foot setback shall not exceed 800 square feet.
B.
Driveways shall not exceed 22 feet in width and shall be terminated two feet or more from the side lot line.
C.
No more than one curb cut shall be permitted in conjunction with any driveway servicing a residence.
[Added 7-6-1998 by Ord. No. 1224]
A. ANTENNA COMMUNICATIONS TOWER HEIGHT PREEXISTING TOWERS and PREEXISTING ANTENNAS TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
Any and all antennas and towers, as defined in this section, together with other accessory structures and equipment associated therewith.
While referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or on the structure, including the base pad and any antenna.
Any tower or antenna for which a building permit has been properly issued or for which a contract, lease or other agreement has been awarded or entered into by the Borough Council prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like. The term shall include the structure and any support thereof not exceeding 200 feet in height.
[Amended 6-7-1999 by Ord. No. 1252]
B.
Applicability.
(2)
This section shall not govern any tower or the installation of any antenna that is under 70 feet in height, is owned and is operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(4)
Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
C.
Locations permitted. A communications tower shall be a permitted conditional use within the Borough of River Edge, subject to the following conditions:
(1)
Communications towers shall only be permitted on property owned, leased or otherwise controlled by the Borough of River Edge.
(2)
The Borough of River Edge must give its consent before its property may be used for a communications tower. This consent shall be in the form of a resolution of approval adopted by the River Edge Borough Council.
(3)
No communications tower shall be erected or operated within the Borough except pursuant to a license issued by the Borough Council or a lease entered into between the operator of the facility and the Borough.
(4)
All communications towers shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color so as to reduce visual obtrusiveness.
(b)
Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(c)
No signs shall be allowed on an antenna or tower.
(5)
No tower or antenna shall be permitted in the P-1 Conservation Zone.
D.
Application procedure.
(1)
All applications for the construction or modification of towers or antennas within the Borough of River Edge shall be made to the Borough Zoning Officer, who shall transmit copies to the Borough Clerk and Borough Engineer.
(2)
The Zoning Officer shall review the application to determine if the proposed tower or antenna meets all of the conditions contained in this section and any other applicable ordinance. The Zoning officer shall respond to each such application within 30 days of reviewing it.
(3)
If the Zoning Officer determines that the applicant has met all of the conditions, he shall administratively approve the application.
(4)
If the Zoning Officer determines that the applicant has not met all of the conditions, he shall deny the application, in which event the applicant may file a conditional use application to the Planning Board, in accordance with the Code of the Borough of River Edge.
E.
Maintenance and abandonment.
(1)
All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(2)
To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(3)
In the event that any communications tower shall be abandoned or not operated for a period of one year, the same may be removed, at the option of the Borough of River Edge, at the sole expense of the owner.
[Added 6-7-2010 by Ord. No. 1708]
A. SOLICITATION or SOLICIT
Definitions. As used in this section, the following terms shall have the meanings indicated:
The request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation received any contribution.
B.
Requirements for placement, use of clothing bin for solicitation purposes. Notwithstanding any other provision of law to the contrary, no person shall place, use, or empty a donation clothing bin, for solicitation purposes, unless all of the following requirements are met:
(1)
The person has obtained a permit, valid for a twelve-month period of time, from the Borough's Zoning Officer, in accordance with the following:
(a)
The location where the bin would be situated, as precisely as possible;
(b)
The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed and the method by which the proceeds of collected donations would be allocated or spent;
(c)
The name and telephone number of the bona fide office required pursuant to Subsection B(7) of this section, of any entity which may share or profit from any clothing or other donations collected via the bin; and
(d)
Written consent from the property owner to place the bin on his property.
(2)
The Zoning Office shall not grant an application for a permit to place, use, or employ a donation clothing bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases;
(3)
The Zoning Officer shall impose a fee for such application, not to exceed $25 to offset the costs involved in enforcing this section.
(4)
An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of any fee imposed by the Zoning Officer for such renewal, not to exceed $25 annually, to offset the costs involved in enforcing this section. Such application for renewal shall include all the information required by this section for an initial application;
(5)
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection B(7) of this section;
(6)
The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office; and
(7)
The following information is clearly and conspicuously displayed on the exterior of the donation clothing bin:
(a)
The name and address of the registered person that owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
(b)
The telephone number of the person's bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin;
(c)
In cases when the entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared or given entirely to an entity other than the person who owns the bin, and identifying all such entities which may share or profit from such donations; and
(d)
A statement, consistent with the information provided to the appropriate municipal agency in the most recent permit or renewal application, indicating the manner in which the person anticipates any clothing or any donations collected via the bin would be used, sold, or dispersed and the method by which the proceeds of collected donations would be allocated or spent.
C.
Receipt, investigation of complaints relative to donation clothing bin.
(1)
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public regarding a bin. Whenever it appears to the Zoning Officer that a person has engaged in or is engaging in any act or practice in violation of Subsection B hereof, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the Zoning Officer is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
(2)
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the Zoning Officer may seize the bin, remove it, or have it removed at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the municipality.
D.
Additional penalties, remedies. In addition to any other penalties or remedies authorized by the laws of this state, any person who violates any provision of this section which results in seizure of the donation clothing bin shall be:
(1)
Subject to a penalty of up to $20,000 for each violation. The Zoning Officer may bring this action in the Municipal Court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c.274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the municipality; and
(2)
Deemed ineligible to place, use or employ a donation clothing bin for solicitation purposes pursuant to Subsection B hereof. A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of this section may apply to the Zoning Office to have that person's eligibility restored. The Zoning Office may restore the eligibility of a person who:
