An application for a building permit shall provide
documentation that the intended use will comply with the performance
standards enumerated below. In the case of a structure being built
where the future use is not known, a building permit may be issued
with the condition that no certificate of occupancy will be issued
until such time as this documentation is submitted with respect to
the particular occupant. A new application and a new certificate of
occupancy shall be required in the event of a change of any user of
any structure.
A. Electricity. Electric or electronic equipment shall
be shielded so there is no interference with any radio or television
reception at the lot line or beyond the operator's dwelling unit,
in the case of multifamily dwellings, as the result of the operation
of such equipment.
B. Glare. There shall be no direct or reflected glare
exceeding 0.5 footcandle measured at the property line of the lot
occupied by such use. Exterior lighting shall be shielded, buffered
and directed so that glare, direct light or reflection will not become
a nuisance to adjoining districts or streets. This regulation shall
not apply to lights used at the entrances and exits of service drives
leading to a parking lot.
C. Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which would cause
the temperature to rise or fall in any body of water.
D. Noise.
(1) Noise level shall be measured with a sound level meter
and an octave band filter that conforms to specifications of the American
Standards Association as follows: Sound Level Meter Code No. Sl. 4
1961; Octave Band Filter Set Code No. 224, 10-1953. The sound-pressure
level resulting from any activity shall not exceed, at any point beyond
the lot line, the maximum permitted decibel level for the designated
octave band as set forth in the following table:
|
Maximum Permitted Sound Pressure Level
(decibels)
|
---|
|
Octave Band
(cycles per second)
|
Sound Pressure Level
(decibels)
|
---|
|
0 to 75
|
69
|
|
75 to 150
|
54
|
|
150 to 300
|
47
|
|
300 to 600
|
41
|
|
600 to 1,200
|
38
|
|
1,200 to 2,400
|
38
|
|
2,400 to 4,800
|
38
|
|
Above 4,800
|
38
|
(2) In addition, one or more of the following corrections
shall be subtracted from each of the sound pressure given above, as
may be appropriate.
|
Type of Operation or Character of Noise
|
Correction
(decibels)
|
---|
|
Noise of impulsive character (hammering, etc.)
|
5
|
|
Noise of periodic character (hum, screech, etc.)
|
5
|
E. Odor. There shall be no emission of any odors which
will disseminate beyond the boundaries of the lot occupied by such.
F. Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance which can contaminate a stream, watercourse or underground
aquifer or otherwise render such stream, watercourse or underground
aquifer undesirable as a source of water supply or recreation or which
will destroy aquatic life be allowed to enter any stream, watercourse
or underground aquifer. No industrial operation shall discharge industrial
waste of any kind into any reservoir, pond or lake. The discharge
of untreated industrial waste into a stream is prohibited. All methods
of sewage and industrial waste treatment shall be approved by the
Borough Health Department and the New Jersey Department of Environmental
Protection (DEP). Effluents from a treatment plant shall at all times
comply with effluent standards as established by the DEP. All materials
or wastes which might cause fumes or dust or which constitute a fire
or explosion hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored indoors and enclosed in appropriate
containers adequate to eliminate such hazards. All raw materials,
fuels and finished products shall be stored within an entirely closed
building. The storage of flammable or volatile liquids or gasses in
aboveground or underground tanks or cylinders having an individual
capacity greater than 25 pounds or 10 gallons is prohibited, except
that the storage of gasoline or diesel fuel for motor vehicles shall
be permitted in underground tanks, regardless of capacity. The storage
of crude oil in aboveground tanks having an individual capacity greater
than 500 gallons is prohibited.
G. Vibration. No use shall cause earth vibrations or
concussions in excess of the standards outlined below, with the exception
of that vibration produced as a result of construction or demolition
activity. The standards below are as set forth in the Table of Frequency
Amplitude Relations. Vibrations shall be expressed as displacement
in inches and shall be measured with a standard, three-component-measuring
system, which is a device for the intensity of any vibration in three
mutually perpendicular directions.
|
Frequency of Ground Motion in Cycles Per
Second
|
Maximum Amplitude of Ground Motion in
Inches Not More Than
|
---|
|
Up to 10
|
.0305
|
|
10+ to 20
|
.0153
|
|
20+ to 30
|
.0102
|
|
30+ to 40
|
.0076
|
|
40+ to 50
|
.0061
|
|
50+ to 60
|
.0051
|
H. Smoke. No use shall be permitted to emit visible smoke
of a shade equal to or darker than No. 2 on the standard Ringelmann
Chart.
I. Radioactivity. No use shall be permitted to emit dangerous
radioactivity at any point.
J. Air contaminants. No use shall be permitted to emit
material which is suspended in or discharged into the atmosphere as
dust, fumes, mist, fog, vapor, gas, particulate matter or other pollutants.
K. Garbage storage. The area used for the storage of
garbage on commercial properties abutting a residential use shall
be adequately buffered from said residential use by means of opaque
fencing or a screen planting of a dense evergreen material not less
than four feet in height.
[Amended 3-14-2016 by Ord. No. 3391-16]
A. No private residential swimming pool shall be constructed
or installed on any lot unless the lot contains a residential building.
Pools shall be located in the rear yard or side yard areas only and
shall be set back at least five feet from any inside property line
and 10 feet from any street line.
B. A swimming pool shall occupy no more than 75% of the
side or rear yard area in which it is located.
C. A private residential swimming pool area must be surrounded
by a suitable fence or wall with a self-closing and self-latching
gate at least four feet but no more than six feet in height, and said
fence shall not require minimum setback from any lot line. The self-latching
lock access shall be located a minimum of four feet above ground level
and shall meet the requirements of the New Jersey Construction Code.
[Amended 8-10-1999 by Ord. No. 2907-99]
A. In any residential district, the parking or standing
of the following vehicles or boats in any yard area, driveway or street,
except as provided for in this chapter, is prohibited:
(1) Unregistered motor vehicles and parts of motor vehicles
of any type.
(2) Buses, taxis or other vehicles built for the commercial
transportation of passengers.
(3) Buses or vehicles altered for camper, recreational,
mobile shop, peddler or other similar use.
(4) Trailers or mobile homes of a type used for dwelling
purposes.
(5) Camping trailers, mobile homes or recreational vehicles
in excess of 18 feet in length.
(6) Boats of any type or design in excess of 18 feet in
length.
(7) Trucks, tractors or other vehicles designed and used
primarily for drawing other vehicles or trailers and not so constructed
as to carry a load other than a part of the weight of the vehicle
so drawn.
(8) Trucks, meaning every motor vehicle designed, used or maintained primarily for the transportation of property, being capable of having a combined weight of vehicle and load of more than 3,500 pounds, except as permitted pursuant to §
131-33.1 of this chapter; provided, however, that this restriction shall not apply to trucks being used in the rendering of a service to the premises. For the purposes of this subsection, the weight of the truck shall be determined by the gross weight provided on the registration certificate of the same.
(9) Trucks or trailer attachments having dual rear wheels.
(10)
Commercial vehicles as defined in Article
II, §
131-2, except as permitted pursuant to §
131-33.1 of this chapter.
B. These restrictions shall not apply to trucks being
used in the rendering of service to the lot or premises.
C. Camping trailers, mobile homes or recreational vehicles
in excess of 18 feet in length may be parked in a driveway or street
of a residential district for 48 consecutive hours when said vehicle
is being loaded or unloaded in anticipation of or following active
use. Said vehicle shall be parked in the driveway or on that portion
of the street immediately contiguous to the property of the vehicle's
owner or operator.
[Amended 5-18-1999 by Ord. No. 2892-99; 3-14-2016 by Ord. No.
3391-16]
The space in any required yard shall be open and unobstructed
except as specified below:
A. Ordinary projections of window sills, cornices, canopies, eaves and
other architectural features shall be permitted to a distance of not
more than one foot.
B. Projection of a cornice over 20 feet above finished grade shall be
permitted to a distance of three feet.
C. An arbor up to eight feet in height, flagpole, unroofed steps or
unroofed terrace shall be permitted to encroach without limitation.
D. A trellis attached flat against a chimney or building shall be permitted
to be located in a side or rear yard, provided that said trellis shall
not exceed five feet in width and a maximum height equal to the height
of the roofline of the building or 20 feet, whichever is lesser.
E. A freestanding trellis shall be permitted to be located in a required side or rear yard; provided, however, that said trellis shall conform to the height restrictions of side or rear yard fences as provided in §
131-11 above.
F. Swimming pools and clothes-drying equipment are restricted to rear
yard areas.
G. Necessary retaining walls, steps or fences, as permitted or required
by this chapter, shall be permitted to encroach without limitation.
H. Chimneys or flues may be erected in rear yard areas, provided that
they do not exceed five square feet in area and do not obstruct free
ventilation.
I. In any commercial zone district, two buildings on one lot may be
connected by an open or enclosed passageway, provided that said passageway
shall not exceed 10 feet in width and 12 feet in height.
All satellite antennas having a diameter in
excess of one meter in residential districts or two meters in nonresidential
districts shall be regulated in compliance with the following regulations:
A. The service area of a satellite antenna reflective
dish shall not exceed 10 feet in diameter.
B. The satellite antenna shall be anchored in a solid
concrete foundation if ground-mounted and on a secure foundation if
roof-mounted so that in all cases the front face of the dish shall
be capable of withstanding a static wind load of not less than 75
miles per hour. Design calculations shall be furnished by the applicant
to indicate compliance with this subsection.
C. All ground-mounted installations must have an underground
electrical conduit for power and signal wiring. Roof-mounted installations
shall provide electrical conduit for all exterior wiring. All exterior
wiring shall conform to the weatherproof standard as defined in the
National Electric Code.
D. All ground-mounted installations shall be located
in the rear yard and shall comply with the yard and setback requirements
for the principal structure on the lot.
E. The satellite antenna shall be no larger than the
minimum size necessary to provide reliable operation in light of the
particular location and circumstances. It shall be the burden of the
applicant to show, by expert opinion, that the size of the proposed
antenna is in compliance with this section.
F. The satellite antenna shall extend no higher than
the minimum height necessary to provide reliable operation in light
of the particular location and circumstance. It shall be the burden
of the applicant to show, by expert opinion, that the height of the
proposed antenna is in compliance with this section.
G. The ground-mounted satellite antenna shall be located
and screened to minimize motor noise and visibility from the street
and adjacent properties. The ability of the applicant to install the
satellite antenna in an unobtrusive location and to minimize the noise
impact on adjacent properties shall be a major factor in determining
whether or not a site plan shall be approved.
H. No lot shall contain more than one satellite antenna
as heretofore regulated.
I. Every satellite antenna shall be maintained in a safe,
presentable and good constructional material condition at all times,
including the repair or replacement of defective parts and all other
acts required for the maintenance of said antenna. The Construction
Code Official shall require compliance with all construction standards
of this chapter. If the satellite dish is not made to comply with
the adequate safety and maintenance standards, the Construction Code
Official shall require its removal in accordance with this section.
J. Any satellite antenna which is located on property
which becomes vacant and unoccupied for a period of 180 days or more
shall be deemed to have been abandoned. Abandoned satellite antennas
shall be removed by the owner of the premises.
K. No persons shall maintain or permit to be maintained
on any premises owned or controlled by him any satellite antenna which
is in a dangerous or defective condition. Any such satellite antenna
shall be removed or repaired by the owner of the premises or owner
of the satellite antenna. Upon failure of the owner to remove or repair
a dangerous or defective satellite antenna, the Construction Code
Official shall proceed as described herein.
L. The Construction Code Official shall cause to be removed
any satellite antenna that endangers the public safety such as an
abandoned, dangerous or materially, electrically or structurally defective
satellite antenna or a satellite antenna for which no permit has been
issued. A Construction Code Official shall prepare a notice which
shall describe the satellite antenna and specify the violation involved
and which shall state that if the satellite antenna is not removed
or the violation is not corrected within 10 days, the satellite antenna
shall be removed. All notices shall be sent by certified mail. Any
time periods provided in this chapter shall be deemed to commence
on the date of the receipt of the certified mail. The notice shall
be mailed to the owner of the property on which the satellite antenna
is located, the owner of the satellite antenna and the occupant of
the property. If any of such persons is unknown or cannot be found,
notice shall be mailed to such person's last known address, if any,
and posted at the premises.
M. Any person having an interest in the satellite antenna
or the property may appeal the determination of the Construction Code
Official ordering removal or compliance by filing a written notice
of appeal with the Construction Board of Appeals within 10 days after
receipt of the notice. Notwithstanding the above, in cases of eminent
danger to the public safety or other emergency, the Construction Code
Official may cause the immediate removal of a dangerous or a defective
satellite antenna without notice.
N. Any satellite antenna removed by the Construction
Code Official pursuant to the provisions of this subsection shall
become the property of the borough and may be disposed of in any manner
deemed appropriate by the borough. The cost of removal of the satellite
antenna shall be considered a debt owed to the borough by the owner
of the satellite antenna and the owner of the property and may be
recovered in an appropriate court action by the borough. The cost
of removal shall include any and all incidental expenses incurred
by the borough in connection with the removal. If it shall be necessary
for the Construction Code Official to remove a satellite antenna pursuant
to the provision of this chapter and it should be practicable to sell
or salvage any material derived from the aforementioned removal, he
may sell the same at public sale in conformance with applicable statutory
regulations. Such proceeds, if any, shall be used to offset the costs
of removal to be charged to the satellite antenna owner or property
owner. The borough may file a suit in court to collect any excess
over such costs, and the cost of the removal shall be levied as an
assessment against the property on which the satellite antenna is
located.
O. Site plan approval by the Planning Board will be required
for the installation of a satellite antenna in all zoned districts.
Each application shall include an antenna plan showing the specific
design, location, size and construction of the proposed antenna which
shall comply in all respects with the standards enumerated herein.
P. The procedure for application to the Planning Board on site plan approval shall be identical to the procedure established for approval of a major site plan in accordance with Chapter
50, Land Subdivision and Site Plan Regulations, of this Code and the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.).
Q. An application fee of $200 shall be submitted when
filing the satellite antenna site plan application.
For any one- or two-family residence, an attached
or detached garage may be permitted pursuant to the following regulations:
A. No garage opening or entrance for vehicles shall be located on the front facade of the residence unless the garage complies with Subsections
C,
D and
E of this section.
[Amended 12-13-2021 by Ord. No. 3589-21]
B. Vehicular access to attached garages shall be from the side or rear yard only unless the garage complies with Subsections
A,
C,
D and
E of this section.
[Amended 12-13-2021 by Ord. No. 3589-21]
C. The minimum setback of any garage shall be 20 feet
from the front setback line of any one- or two-family residential
structure as required in the zone in which the property is located.
[Amended 7-22-2003 by Ord. No. 3024-03; 12-13-2021 by Ord. No. 3589-21]
D. The minimum driveway length from the front property
line to the garage opening shall be 40 feet for one-family residential
structures and 70 feet for two-family residential structures. A corner
lot that has a residential structure with a side entrance garage shall
have a driveway length equivalent to the required front yard setback.
[Amended 7-22-2003 by Ord. No. 3024-03]
E. The total width of an attached garage door opening
shall not exceed 10 feet in width.
[Added 7-22-2003 by Ord. No. 3024-03]