The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.[1]
The height limitations of this chapter shall
not apply to church spires, belfries, cupolas, penthouses and domes
not used for human occupancy, nor to chimneys, ventilators, skylights,
water tanks, bulkheads, similar features and necessary mechanical
appurtenances usually carried above the roof level. Such features,
however, shall be erected only to such height as is necessary to accomplish
the purpose they are to serve.
[Added 9-19-2011 by Ord. No. 663]
An accessory building in a nonresidential district shall not
exceed a height of 16 feet.
No lot shall be so reduced in area that the
required open space will be smaller than prescribed in the regulations
for the district in which said lot is located. Whenever such reduction
in lot area occurs, no building located on said lot shall thereafter
be used until such building is altered, reconstructed or relocated
so as to comply with the area and yard requirements applicable thereto.
On a corner lot in any residential district,
no wall, hedge or other structure or planting over three feet in height,
except for trimmed trees, shall be erected, placed or maintained within
the triangular area formed by the intersecting curblines and a straight
line joining said curblines at points which are 30 feet distant from
the point of intersection measured along said curblines. Any existing
obstruction which curtails the view of drivers of vehicles approaching
the intersection shall be removed by and at the expense of the owners
of such corner lots. Where there are no curbs at the intersection
and corner lot in question, the term "curblines," as used herein,
shall mean and include the pertinent pavement lines.
A.
Patios. A patio shall not be considered in the determination
of yard sizes or lot coverage. Such a patio, however, shall not be
closer than 10 feet to any side or rear property line.
[Amended 5-16-1988 by Ord. No. 400; 4-18-2011 by Ord. No. 658]
B.
Porches and decks. Any two-story or any enclosed porch
or deck shall be considered a part of the building in the determination
of the size of yard or lot coverage. No porch or deck (decking) shall
be closer than 15 feet to any side or rear property line.
[Amended 5-16-1988 by Ord. No. 400; 4-18-2011 by Ord. No. 658]
C.
Projecting architectural features. The space in any
required yard shall be open and unobstructed except for the ordinary
projections of windowsills, belt courses, cornices, eaves and other
architectural features; provided, however, that such features shall
not project more than two feet into any required yard.
D.
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet;
provided, however, that the sum of such projections on any wall does
not exceed 1/3 the length of said wall.
E.
Fire escapes. Open fire escapes may extend into any
required yard not more than four feet six inches.
F.
Reduction in rear yards. When a lot is less than 100
feet deep at the time of the passage of this chapter, such rear yard
may be decreased 1/4 of the distance that the lot depth is less than
said 100 feet; provided, however, that no rear yard shall be less
than 20 feet in depth.[1]
[1]
Editor's Note: Former Subsection G, regarding driveways, which immediately followed this subsection, was redesignated 4-18-2011 by Ord. No. 658. See now § 350-41C(5)(e) below.
A.
Side yard and rear yard transition. Where a lot in
a business or industrial district abuts a lot in a residential district,
there shall be provided along such abutting lines a yard equal in
width or depth to that required in the residential district.
B.
Front yard transition. Where the frontage on one side
of a street between two intersecting streets is zoned partly as residential
and partly as business or industrial, the front yard depth in the
business or industrial district shall be equal to the required front
yard depth of the residential district.[1]
C.
Corner lot transition. On every corner lot in a residential
district, there shall be provided on the side street a side yard equal
in depth to the required front yard depth on said side street.
A.
The following parking spaces shall be provided and
satisfactorily maintained by the owner of the property for each building
which, after the date when this chapter becomes effective, is erected,
enlarged or altered for use for any of the following purposes:
(1)
Dwelling: at least one parking space for each dwelling
unit in the building or buildings.
(2)
Auditorium, theater, church or other places of public
assemblage: at least one parking space for each seven seats provided
for patrons, based on maximum seating capacity.
(3)
Restaurant, eating or drinking establishment: at least
one parking space for each four seats, except when it is in a building
which provides parking space, in which case, the number of places
already provided may be taken to be available for the restaurant or
other eating place, plus one for each two employees on a maximum work
shift.
(4)
Stores: at least one parking space for each 300 square
feet or fraction thereof in excess of 100 square feet of store floor
area.
(5)
Office, business and professional buildings located
in a business zone: at least one parking space for each 300 square
feet of office floor area.
(6)
Industrial or manufacturing establishments: at least
one parking space for each 400 square feet of floor area or one for
each two employees on the maximum work shift, whichever is greater.
(7)
Mixed uses: Mixed uses in the same building shall
be calculated as the sum of the individual uses, unless it is determined
by the agency conducting site plan review that the characteristics
of the individual uses are such that the total parking needs are less
than the sum of the individual uses and that the number of parking
spaces to be provided will satisfy the lesser need.
(8)
Other uses: as determined by the Planning Board.
B.
All parking spaces provided pursuant to this section
shall be on the same lot with the building, except that the Zoning
Board of Adjustment may permit the parking spaces to be on any lot
within 500 feet of the building if it determines that it is impractical
to provide parking on the same lot with the building.
C.
Parking requirements in Office and Research and/or
Senior Citizen Dwelling Unit Districts.
(1)
Parking space in the Office and Research District
shall be provided on the lot to adequately accommodate company, employee,
service and visitor motor vehicles at all times, with at least one
car space for each two employees for which the building on the lot
is designed.
[Amended 5-16-1988 by Ord. No. 404]
(2)
A minimum of 15% of any open air parking area or lot
shall be used exclusively for landscaping, trees, flowers and shrubs.
(3)
The maximum size of any single parking area or lot
shall be 60,000 square feet. Adjacent parking areas or lots shall
be separated by buffer strips.
(4)
An off-street parking space shall have dimensions
of not less than nine feet by 18 feet. Space for maneuvering incidental
to parking or unparking shall not encroach upon any interior road
or driveway. Every off-street parking space shall be accessible from
an interior road or driveway.
(5)
Parking requirements.
(a)
All parking areas provided pursuant to this
subsection shall be on the same lot with the building.
(b)
Parking on ingress and egress ways and driveways
shall be prohibited within 50 feet of the property line.
(c)
In the Office and Research District, parking
space or access thereto, except entrances or exit drives as limited
in this section, shall not be less than 50 feet from a street line.
Entrance or exit drives connecting the parking area with the street
shall be permitted within the fifty-foot strip required above, and
these entrances and exit drives on a corner lot shall be a minimum
of 80 feet from the intersecting street lines. All such parking shall
be a minimum of 50 feet from any property line where said property
line adjoins a residential district.
[Amended 5-16-1988 by Ord. No. 404]
(d)
All off-street parking facilities, drives and
aisles shall be paved and properly graded, lighted and maintained
in a clean and usable condition at all times.
(e)
No driveway shall be closer than five feet to
any side property line.
[Added 5-16-1988 by Ord. No. 400]
(f)
Width.
[1]
Driveways, entrance or exit, one-way: minimum
of 12 feet but no wider than 30 feet.
[2]
Driveways, entrance or exit, two-way: minimum
of 24 feet but no wider than 36 feet.
[3]
All entrance and/or exit drives may be five
feet wider at the curb than the driveway they serve, but in no case
wider than 41 feet.
(g)
All off-street parking areas shall be surfaced
with an asphalt or bituminous pavement and shall be graded and drained
to dispose of all surface water, all as approved by the Borough Engineer.
(h)
Any lighting in connection with off-street parking
shall be so arranged and shielded as to reflect the light downwards
from all adjoining residential buildings.
(i)
Locations and area of off-street parking facilities,
loading and unloading areas and platforms, driveways, aisles and pedestrian
walks shall be shown on prints submitted at the time of application
for a building permit and on the site plan. Off-street parking and
loading and unloading areas shall be so arranged and located as to
provide maximum safety to pedestrians and vehicles and a minimum of
interference with the normal flow of both pedestrians and vehicular
traffic.
(j)
Aisles shall be a minimum of 24 feet in width.
(k)
No certificate of occupancy shall be issued
by the Construction Code Official for any use requiring a parking
area without a Planning Board review and written approval of the off-street
parking plans. The Planning Board shall ascertain that all of the
requirements for off-street parking are complied with. The location
and design of entrances, exits, surfacing, landscaping, marking and
lighting, marginal lanes and surface lanes, if necessary, shall be
subject to the approval of the Planning Board, to ensure adequate
relation to traffic safety and protection of adjacent resident areas,
if any.
D.
No person shall, without specific approval by the
Planning Board or Zoning Board of Adjustment as appropriate, pave,
stone, grade, designate, delineate, or otherwise prepare or use any
portion of any public right-of-way for the provision of parking for
any private motor vehicle. This prohibition shall not apply to areas
or specific spaces approved by the Planning Board or Zoning Board
of Adjustment or to that portion of a driveway serving the lot immediately
adjacent to the portion of the public right-of-way, provided that
the driveway in the public right-of-way shall be no wider than the
narrowest portion of the driveway on the lot. A small return immediately
adjacent to the roadway shall be allowed but shall not be used for
any parking purpose.
[Added 6-23-2004 by Ord. No. 566]
E.
In the residential zoning districts, each lot shall
be provided with a paved, stoned, concrete or concrete paver driveway
connection with a public street. Such driveway shall connect directly
to the public street and shall be no wider than 20 feet for a single-car
garage or any residence without a garage (formerly 12 feet) or 24
feet for a two-car garage with entry facing the public roadway. In
the event of a side entry garage, the driveway from the road to the
building setback shall not be greater than 12 feet.
[Added 6-23-2004 by Ord. No. 566; amended 7-18-2005 by Ord. No. 583; 7-9-2018 by Ord. No. 725]
F.
In the residential zoning districts, no person shall
enlarge or increase the width of any existing driveway, provided for
additional parking area, provide a turnaround area, install a circular
driveway, or provide more than one driveway exit from any lot unless
approval has been received from the Planning Board or Zoning Board
of Adjustment as appropriate. The installation, improvement or repaving
of any driveway, regardless of form or nature, shall require a building
permit, the cost of which shall be as provided in the Borough Fee
Schedule.[1] If the size or location of the driveway is to be changed,
and the change violates any setback or other ordinance provisions,
the homeowner must get the applicable variance relief from either
the Planning Board or the Zoning Board of Adjustment prior to the
work being done.
A.
A permit shall be obtained from the Construction Code
Official for the erection, alteration or reconstruction of any fence
which exceeds three feet in height. As used herein, the term "fence"
shall mean and include fences, walls and fence-like or wall-like structures.
Unless otherwise specified herein, shrubbery, bushes and trees shall
not be considered fences. A sketch showing the fence type, size and
location shall accompany the permit application. All applications
for permits shall state the name of the owner of the property, the
lot and block number of the same on the Tax Map, the street number,
the type of fence to be erected, including length, height and the
materials to be used, and the general part of the lot it will enclose.
The fee for such permit shall be as provided in the Borough Fee Schedule,
except that no fee shall be required for any fence constructed by
or for the Borough or the Borough's boards, authorities, commissions
or agencies.
[Amended 4-18-2011 by Ord. No. 658[1]]
B.
No fence erected shall exceed five feet in height
above the normal grade level, except where otherwise authorized in
this Code, except that between the building and the front property
line no fence, with the exception of retaining walls, over three feet
high above the normal grade level shall be erected.[2]
C.
No fence, shrubbery, bushes, trees or other similar
obstruction to visibility, exclusive of existing buildings, shall
be built or maintained upon a corner lot within the triangular area
formed by the intersecting curblines and a straight line joining said
curblines at points which are 30 feet distant from the point of intersection
measured along said curblines. Any existing obstruction of this character
which, within the foregoing limits, curtails the view of drivers of
vehicles approaching the intersection shall be removed by and at the
expense of the owners of such corner lots. Where there are no curbs
at the intersection and corner lot in question, the term "curblines,"
as used herein, shall mean and include the pertinent pavement lines.
D.
No fence over three feet in height shall be placed
within 10 feet of the curbline, and no fence, shrubbery, bushes or
trees shall be erected to encroach on any public right-of-way.
E.
The exterior appearance of all fences shall be as
attractive as or more attractive than the interior appearance thereof.
F.
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 to create ponding.
G.
The following fence materials are specifically prohibited:
barbed wire, pointed materials (except as used in picket or stockade
fences), cloth (except to protect shrubbery or bushes), electrically
charged materials and poultry netting.
H.
All fences shall be constructed and maintained in
a safe, sound and upright condition.
I.
Any fence erected for the purpose of protecting or
enclosing natural or man-made ponds, lakes, reservoirs, streams, brooks,
rivers or other waterways shall be located within 20 feet of said
waterway, except that, where a service road exists, fences shall be
located within 10 feet of the edge of the service road farthest away
from said waterway. Where a floodplain zone exists, said fence shall
be erected within 10 feet of the designated floodplain zone but shall
not be erected to encroach on the floodplain zone.[3]
J.
Any fence over three feet in height which extends
in excess of 500 continuous feet or which extends an existing fence
in excess of 500 continuous feet shall require Planning Board approval
prior to the issuance of a permit. A fence shall be considered continuous
if pedestrian access is effectively blocked, prohibited or hindered
for the entire length of the fenced area. After a hearing, the Planning
Board shall determine whether the application is in compliance with
the conditions stated herein and shall consider the aesthetic impact
of said fence on the character of the neighborhood. If the aesthetic
impact is deemed negative, the Planning Board may deny or modify the
application for a permit. The Planning Board shall approve, deny or
modify said application within 95 days of the filing of an application,
unless extended by mutual consent of the Planning Board and the applicant.
[Amended 7-31-1989 by Ord. No. 417; 7-20-1998 by Ord. No. 512]
A.
Statement of purpose. This section is intended to
help preserve the general residential character of the community,
to enhance the aesthetic appearance of the business district so as
to blend with the overall character of the community, and to facilitate
the safe and orderly flow of traffic throughout the community. In
order to achieve these goals, the municipal agency administering these
regulations shall ensure that permitted signs are compatible with
their immediate surroundings and with the zone in which the signs
are located and shall ensure that permitted signs are appropriate
to the specific type of activity to which they pertain.
B.
General provisions. The following provisions shall
be applicable in all districts of the community:
(1)
No sign shall be erected, altered, relocated, maintained
or reconstructed unless it shall conform to these regulations. Plans
for each sign shall be reviewed and approved by the Zoning Officer
prior to the issuance of a permit for such sign. The following signs
shall be exempt from the requirements of Zoning Officer review and
permits:
(a)
Signs not exceeding one square foot in area
and bearing only property numbers, post box numbers, names of the
occupants or other identification of noncommercial premises.
(b)
In residential districts, "for sale" or "for
rent" signs which fully conform to the requirements set forth herein
and which advertise sale or rent by the owner/occupant of the premises.
(c)
Legal notices or identification, informational
or directional signs erected or required by governmental bodies as
necessary to the public welfare.
(d)
The flag, pennant, or insignia of any nation,
state, city or other governmental agency.
(e)
Temporary construction site, mechanic's, painter's
or artisan's sign erected on the property where such work is being
performed and which does not exceed six square feet in area. Such
signs shall be removed promptly upon completion of the work.
(f)
Temporary signs of public or semipublic nature
denoting special community activities, church fairs, or elections,
provided that the signs do not exceed 20 square feet in area. Such
signs shall be removed within two days following the event noted on
the sign.
(g)
Temporary signs announcing garage sales or similar
activities not exceeding four square feet in area. Such signs shall
be removed within two days following the event noted on the sign.
(2)
No advertising signs or billboards are permitted;
the governing body finds that the Borough, being residential in character
with no major highways or thoroughfares, has no appropriate place
for such a use.
(3)
Signs shall be constructed and lettered by a professional
or in a manner equal to professional workmanship.
(4)
Illumination.
(a)
No signs shall be lighted except by a shielded
spotlight or an internal light source.
(b)
No flashing, intermittent, or varying illumination
shall be permitted, except for Borough signs or equipment.
[Amended 4-18-2011 by Ord. No. 658]
(c)
Illumination shall be by white light only, except
for Borough signs or equipment.
[Amended 4-18-2011 by Ord. No. 658]
(d)
Neon signs may be permitted inside of a business
only.
(e)
All lighting of business signs, including those
which are inside of a business establishment but may be seen from
the outside, must be extinguished when the associated business is
closed, but in no event later than 10:00 p.m., unless said business
is permitted to remain open, by ordinance, past 10:00 p.m.
(f)
Sign illumination shall light the sign area
only.
(5)
Motion.
(a)
No sign shall be permitted or caused to rotate,
flutter, or otherwise move.
(b)
Computerized signs which convey an image or
message by means of moving or flashing lights or characters shall
be prohibited, except for Borough signs or equipment.
[Amended 4-18-2011 by Ord. No. 658]
(c)
No vehicular or mobile signs shall be utilized
to circumvent any of the Borough's sign regulations This provision
shall not be construed so as to prohibit the temporary parking of
a commercial vehicle.
(6)
Cloth or fabric signs.
(a)
No cloth, paper, oilcloth, canvas, inflated,
or fabric signs, banners, or pennants shall be permitted outdoors
without permission from the Mayor and Council. This provision shall
not be construed to eliminate the display of national or state flags.
[Amended 4-18-2011 by Ord. No. 658]
(b)
Awning signs shall only be permitted upon separate
application to the Zoning Board of Adjustment, unless the same are
ancillary to an application whose primary jurisdiction is the Planning
Board, in which case the Planning Board shall consider the application
in considering said awning sign application. The appropriate board
shall review such factors as the size of the awning, its compatibility
with the surrounding properties and uses, any interference with other
signs, and its aesthetic character.
(7)
Roof or projecting signs.
(a)
No sign shall be mounted on any building roof.
(b)
No wall sign shall be permitted to extend or
project above the highest elevation of the wall to which it is attached.
(c)
No wall sign shall be allowed or caused to project
more than one foot outward from the building wall to which it is attached.
(d)
Marquee signs, i.e., the rooflike projections
used for advertising which are commonly associated with theaters,
are prohibited.
(8)
No sign shall be placed so as to interfere with or
be mistaken for a traffic light or similar safety device, nor shall
any glare-producing signs be allowed.
(9)
No signs shall be attached to a fence, pole or rock
except where the Zoning Officer shall deem necessary for purposes
of public safety. No signs shall be attached to trees.
(10)
No sign shall be allowed to emit any audible
sounds, such as talking, music or any noise whatsoever.
(11)
Unless the requirement would violate a registered
federal trademark, no sign shall contain more than three colors, with
such restriction applying to the total sign, inclusive of background,
frame and communicative parts. No sign shall be painted with fluorescent
or phosphorescent paint, nor shall any unusually bright, sparking
or garish paint or material be used.
(12)
Public information signs, including service
club, church, public buildings, charitable or civic organization,
and hospital signs, shall be permitted at roadside within the public-right-of-way.
Such signs shall not exceed three square feet in area and shall be
no higher than five feet at the top of the sign. Plans for such signs
shall be reviewed by the Zoning Officer, who shall restrict the number
and placement as he shall deem necessary to further the public welfare
and the specific purposes of this section. Where such signs are to
be erected by public or nonprofit entities, the required fees may
be waived.
(13)
Service station signs shall conform to the following
requirements, which are deemed customary and necessary to the station
business:
(a)
One freestanding sign advertising the name of
the station or garage and the principal products sold on the premises,
including any special company or brand name, insignia, or emblem and
denoting pricing, provided that the sign has no more than two faces,
shall not exceed 30 square feet in area on each side, shall be within
15 feet of the front property line and shall not exceed 10 feet in
height.
[Amended 4-18-2011 by Ord. No. 658]
(b)
Signs placed on the face of the building shall
be no greater than 15 square feet in area and limited in number to
that agreed to by the Zoning Officer, but not to exceed three. In
no event shall signage of any nature be permitted on the face of the
building that is either in or faces a residential area.
[Amended 4-18-2011 by Ord. No. 658]
(c)
One sign located inside the property specifically
advertising special servicing is permitted. Such sign may have two
faces, each not exceeding 10 square feet in area.[2]
(d)
Directional signs or lettering displays over
individual entrance doors or bays consisting of only the words "lubrication,"
"repairs" or "mechanic on duty" or other words closely similar are
permitted. Only one such sign will be permitted over each door or
bay. The letters thereon shall not exceed 12 inches in height and
the sign area shall not exceed six square feet in area. In no event
shall signage of any nature be permitted over bays which either are
in residential zones or face residential uses.
[Amended 4-19-1999 by Ord. No. 523]
(e)
Customary lettering on an insignia which is
a structural part of a gasoline pump, consisting only of the brand
name of the gasoline sold, pump nomenclature or instructions, a price
indicator and other signs required by law are permitted. Such signs
will not require a permit or permit fee under this chapter.
(f)
A nonilluminated credit card sign not exceeding
two square feet in area, which may be placed on or near the gasoline
pump, is permitted.
C.
Residential districts.
(1)
Residential identification signs. Signs identifying
the name and profession of the occupant or the street address of the
premises shall be limited to one wall sign and one ground sign. Identification
signs shall not exceed one square foot in area.
(2)
Customary warning or "no trespassing" signs shall
not exceed one square foot and shall be limited in number as the Zoning
Officer shall deem appropriate in relation to the size of the site.
(3)
"For sale" or "for rent" signs. One sign advertising
the sale or rent of the premises on which the sign is located, which
may be double-faced, shall be permitted. Each face of the sign shall
not exceed six square feet in area and shall be set back from the
street line no less than 10 feet. Such sign shall be immediately removed
upon the sale or rental of the property.
(4)
Temporary ground signs for directional purposes shall
not exceed one square foot in area and shall not be erected for more
than two days.
(5)
Churches, libraries, schools or other public buildings
shall be allowed to erect:
(a)
Two wall signs or ground signs for identification
or informational purposes, not to exceed three feet by four feet.
(b)
Wall signs or ground signs for directional warning
purposes. Such signs shall not exceed one square foot in size and
shall be limited in number as the Zoning Officer deems necessary and
appropriate for public safety.
(6)
One sign, not to exceed 12 square feet in area, shall
be allowed per construction site identifying the architect, engineer,
general contractor, and/or developer. Such sign shall not be erected
until the building permit for the premises has been issued and shall
be removed prior to issuance of the last certificate of occupancy.
(7)
Miscellaneous. Any other signs which may be proposed
in a residential district shall conform to all general provisions
of this section. Approval of such signs may also be conditioned as
to size, shape, height, placement, material, technique, number, and
duration in such manner as the Zoning Board of Adjustment shall reasonably
deem appropriate in order to further the purposes of this section.
D.
Business and industrial districts.
(1)
Business signs may be erected subject to the following
restrictions:
(a)
One wall sign may be erected per established
business frontage. Such signs shall not exceed 5% of the building
face on which they are placed (including window area, if any) and
shall not exceed three feet in height.
(b)
In lieu of the wall sign permitted under Subsection D(1)(a), a business may substitute one window sign. Such sign shall not exceed 20% of the individual window area or 10% of the glass area of any door. In no event shall the sign exceed three feet in height nor 10 feet in width. No flashing or moving signs shall be permitted to be attached to any window or be visible through such window from any business frontage.
(c)
One freestanding sign may also be erected no
greater than five feet from and wholly within the property line. Such
sign shall be placed at a right angle to the property line and adjacent
to the side lot line nearest to the oncoming traffic. In addition,
the dimensions of such signs shall be restricted as follows:
(2)
Customary warning or "no trespassing" signs shall
be permitted, provided that they shall not exceed one square foot
and shall be limited in number as the Zoning Officer deems appropriate
in relation to the size of the site.
(3)
"For sale" or "for rent" signs. One sign advertising
the sale or rent of the premises on which the sign is to be located
shall be permitted. If the sign is a freestanding ground sign, it
shall not exceed six square feet in area and it shall be set back
from the street line no less than 10 feet. If the sign is a wall sign,
it shall not exceed six square feet in area and it shall be mounted
flat against the wall. If placed in a window, so as to be visible
from the business frontage, the sign shall not exceed 20% of the individual
window area. Such sign shall be immediately removed upon the sale
or rental of the property.
(4)
Construction signs. One sign, not to exceed 12 square
feet in area, shall be allowed per construction site identifying the
architect, engineer, general contractor, and/or developer. Such sign
shall not be erected until a building permit for the premises has
been issued and shall be removed prior to the issuance of the last
certificate of occupancy.
(5)
Freestanding directional or safety signs shall be
permitted, subject to the following restrictions:
(a)
Such signs shall contain the word "entrance,"
"exit," "one-way," or similar directions only.
(b)
The display face of such signs shall not exceed
one foot in height nor two feet in width.
(c)
The top of such signs shall not be higher than
five feet from the ground at the base of the sign.
(d)
Illumination of such signs shall only be by
means of shielded spotlights or interior white diffused light.
(e)
The number and placement of such signs shall be restricted as the Zoning Officer shall deem necessary and appropriate to the size of the premises in the interest of public safety and welfare. In the event that Subsection D(5) shall be preempted by county or state regulations, such superseding regulations shall govern the review and permit process for such signs, and applicants shall be required to comply with said county or state regulations.
(6)
Directory signs shall be permitted, subject to the
following regulations:
(a)
One directory sign shall be allowed at each
entrance to a business or industrial development in order to direct
traffic to businesses within the development.
(b)
Such signs shall contain the name of each business
and appropriate directional symbols.
(c)
The display face of directory signs shall be
restricted as the Zoning Officer shall reasonably deem appropriate
in relation to the number of businesses to be identified thereon.
(d)
The top of such signs shall not be higher than
five feet from the ground at the base of the sign.
(e)
The illumination of such signs shall be by means
of shielded spotlights or interior white diffused light only.
(f)
Directory signs shall be placed at right angles
to and no greater than five feet from the property line so as to be
readily visible to oncoming traffic.
(7)
Any other signs which may be proposed in a business
or industrial district shall conform to all general provisions of
this section. Approval of such signs may also be conditioned as to
size, shape, height, placement, material, technique, number and duration
in such a manner as the Zoning Board of Adjustment shall reasonably
deem appropriate in order to further the purpose of this section.
E.
Senior Citizen Dwelling Unit District.
(1)
Identification signs. Signs identifying the name of
the occupant or the street address of the premises shall be permitted,
subject to the following restrictions:
(a)
No sign shall be affixed to or displayed in
any window.
(b)
Wall signs must be attached parallel to the
face of the building and shall not project more than one foot from
the building face. Such signs shall not be greater than 25 square
feet in area, nor shall they exceed five feet horizontally and five
feet vertically. No more than one sign shall be allowed on any building
face. No more than two wall signs shall be allowed on any building.
(c)
In lieu of wall signs, one freestanding sign
shall be permitted. Such sign shall be placed on the buffer strip,
no less than 20 feet from the property line, and shall not exceed
25 square feet in area, nor shall the top of said sign be higher than
five feet from the ground at the base of the sign.
(2)
Freestanding directional or safety signs shall be
permitted, subject to the following restrictions:
(a)
Such signs shall contain the word "entrance,"
"exit," "one-way," or similar directions only.
(b)
The display face of such signs shall not exceed
one foot in height nor two feet in width.
(c)
The top of such signs shall not be higher than
five feet from the ground at the base of the sign.
(d)
Illumination of such signs shall only be by
means of shielded spotlights or interior white diffused light.
(e)
The number and placement of such signs shall be restricted as the Zoning Officer shall deem necessary and appropriate to the size of the premises in the interest of public safety and welfare. In the event this Subsection E(2) shall be preempted by county or state regulations, such superseding regulations shall govern the review and permit process for such signs, and applications shall be required to comply with said county or state regulations.
(3)
Construction signs. One sign, not to exceed 12 square
feet in area, shall be allowed per construction site identifying the
architect, engineer, general contractor, and/or developer. Such sign
shall not be erected until the building permit for the premises has
been issued and shall be removed prior to issuance of the last certificate
of occupancy.
(4)
Customary warning or "no trespassing" signs shall
be permitted, provided that they shall not exceed one square foot
and shall be limited in number as the Zoning Officer shall deem appropriate
in relation to the size of the site.
(5)
Miscellaneous. Any other sign which may be proposed
in a Senior Citizen Dwelling Unit District shall conform to all general
provisions of this section. Approval of such signs may also be conditioned
as to size, shape, height, placement, material, technique, number,
and duration in such manner as the Zoning Board of Adjustment shall
reasonably deem appropriate in order to further the purpose of this
section.
F.
Office and Research District.
(1)
Identification signs. Signs identifying the name of
the occupant or the address of the premises shall be permitted, subject
to the following restrictions:
(a)
No sign shall be affixed to or displayed in
any window.
(b)
All signs must be attached to the face of the
building and shall not project more than one foot from the building
face. Such signs shall be not greater than 50 square feet in area,
nor shall they exceed 10 feet horizontally or five feet vertically.
No more than one sign shall be allowed on any building face, and no
more than two wall signs shall be allowed on any building.
(c)
In lieu of wall signs, one freestanding sign
shall be permitted. Such sign shall be placed on the buffer strip,
no less than 15 feet from the property line, and shall not exceed
50 square feet in area, nor shall the top of said sign be higher than
five feet from the ground at the base of the sign.
(2)
Freestanding directional or safety signs shall be
permitted, subject to the following:
(a)
Such signs shall contain the word "entrance,"
"exit," "one-way," or similar directions only.
(b)
The display face of such signs shall not exceed
one foot in height nor two feet in width.
(c)
The top of such signs shall not be higher than
five feet from the ground at the base of the sign.
(d)
Illumination of such signs shall only be by
means of shielded spotlights or interior white diffused light.
(e)
The number and placement of such signs shall be restricted as the Zoning Officer shall deem necessary and appropriate to the size of the premises in the interest of public safety and welfare. In the event this Subsection F(2) shall be preempted by county or state regulations, such superseding regulations shall govern the review and permit process for such signs, and applicants shall be required to comply with said county or state regulations.
(3)
Construction signs. One sign, not to exceed 12 square
feet in area, shall be allowed per construction site, identifying
the architect, engineer, general contractor, and/or developer. Such
sign shall not be erected until a building permit for the premises
has been issued and shall be removed prior to issuance of the last
certificate of occupancy.
(4)
Customary warning or "no trespassing" signs shall
be permitted, provided they shall not exceed one square foot and shall
be limited in number as the Zoning Officer deems appropriate in relation
to the size of the site.
(5)
Miscellaneous. Any other signs which may be proposed
in an Office and Research District shall conform to all general provisions
of this section. Approval of such signs may be conditioned as to size,
shape, height, placement, material, technique, number, and duration
in such manner as the Zoning Board of Adjustment shall reasonably
deem appropriate in order to further the purposes of this section.
G.
Nonconforming signs. Any signs now in existence, the
erection or placing of which is prohibited hereunder, may be continued
on such building, structure, lot, or land so occupied. At no time,
however, shall such a sign be altered, enlarged, extended, or relocated
unless such action changes a nonconforming sign into a conforming
sign as provided herein, or unless such alterations consist of customary
maintenance. The failure to keep a nonconforming sign in good repair
for a period of one year or the failure to repair such a sign within
30 days after written notice by the Zoning Officer shall constitute
abandonment and such sign must be removed. The provisions of this
section notwithstanding, the sign owner shall have the right to replace
such nonconforming sign in the event of accidental damage or destruction.
H.
Maintenance of signs.
(1)
Any sign that is or shall become dangerous or unsafe
in any manner whatsoever, or any sign erected hereafter in a manner
contrary to the provisions of this section, shall be repaired, made
safe, made attractive, and made to conform to the requirements of
this section or it shall be removed by the owner, lessor, agent or
occupant of the building, property, or land upon which it is placed
or to which it is affixed.
(2)
The Zoning Officer shall have the power to order,
at his own discretion or at the request of the Zoning Board of Adjustment,
the repair or removal of any sign which is or is likely to become
dangerous or unsafe or which is erected contrary to the provisions
of this chapter. He shall further have the power to remove such sign
after written notice has been given as provided herein.
(a)
The Zoning Officer shall serve written notice
upon the owner, agent, or person having control of any sign, requiring
him to repair or to remove the sign, as the case may be, within 48
hours thereafter if, in his judgment, such a necessity exists or within
seven days if, in his judgment, such a time period is reasonable or
just. In case of an emergency, the Zoning Officer need not provide
notice but may take any appropriate action to maintain the safety
of the public.
(b)
In the event said owner, agent or person having
control shall fail to comply with such notice, the Zoning Officer,
immediately upon the expiration of the time allowed, shall cause the
sign to be removed. The Zoning Officer shall have the power to issue
a summons for a zoning violation.
(c)
Any expenses and disbursements incurred in carrying
out the provisions of this subsection shall be recoverable by the
Borough from the owner, agent, or person in control of such sign in
an action at law in any court of competent jurisdiction upon his,
her, or their neglect or refusal to pay the same within 10 days after
service of a statement thereof.
I.
Permits, fees and bonds.
(1)
No new sign shall be erected or existing sign enlarged,
maintained, relocated or replaced until after the required permit
is obtained from the Zoning Officer, except as specifically exempt
herein.
(2)
Permit process. An applicant for a sign permit shall
submit the following information to the Zoning Officer:
(a)
Name, address and phone number of the applicant;
(b)
Location of the building, structure, or lot
to which the sign is to be attached;
(c)
Written consent of the property owner, if different
from the applicant;
(d)
Proposed location of the sign on the building
and/or lot in relation to nearby buildings, structures and existing
signs;
(e)
Plans, specifications and method of construction
of the sign and its supports, including proposed dimensions, materials,
colors, weight and intensity of illumination;
(f)
Name of the individual or firm erecting the
sign; and
(g)
Copies of stress sheets and calculations showing
the dead load and wind pressure design if the Zoning Officer deems
it necessary and appropriate to the evaluation of a particular sign.
(3)
Permit fees. Sign permits shall not be issued until
the following fees have been paid:
(b)
Signs in business or office and research districts not specifically exempted under Subsection B: as per fee ordinance.[4]
[Amended 4-18-2011 by Ord. No. 658]
[4]
Editor's Note: Subsection (4), Bond, of original § 53-33I,
which immediately followed this subsection, was repealed 4-18-2011
by Ord. No. 658.
J.
Violations and penalties. Any person violating any provisions of this § 350-43 shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 164, Fines and Penalties. Each day that a violation continues shall be considered a new and separate violation of this § 350-43.
[Amended 4-18-2011 by Ord. No. 658]
A.
No storage of manure or odor- or dust-producing substance
or use shall be permitted within 100 feet of any adjoining lot line.
B.
No products shall be publicly displayed or offered
for sale from the roadside.
C.
No building in which farm animals or poultry are kept
shall be closer than 100 feet to any adjoining lot line, nor shall
any run for farm animals be closer than 25 feet to any lot line.
A.
The keeping or sheltering of hoofed animals, as defined
herein, on any land or lands in any zoning district established by
this chapter is made subject to the regulations, requirements and
standards set forth herein.
B.
HOOF
HOOFED ANIMAL
STABLE
For purposes of this section, the words and terms
used herein shall be defined as follows:
The horny covering protecting the ends of the digits or encasing
the foot.
Any animal which is a solid-hoofed or cleft-hoofed quadruped,
including but not limited to horses, ponies, sheep, goats, cows, mules,
donkeys, lamoid or any member of the Camelidae family and swine, whether
mature animals or their young.
[Amended 4-19-2021 by Ord. No. 751]
Any structure designed for the keeping and handling of hoofed
animals.
C.
Not more than one hoofed animal may be kept on premises
with an area of at least 15,000 square feet, excluding all structures
thereon other than the within-mentioned stable, provided that such
animal is enclosed in a pen or corral containing at least 800 square
feet, including a stable under a roof of at least 100 square feet,
and further provided that the pen, corral fences or similar enclosures
are not closer than 20 feet to the adjacent property lines or 50 feet
to any neighboring dwelling or structure.
D.
No more than two hoofed animals may be kept on premises
with an area devoted to such animals of at least 20,000 square feet,
excluding all structures thereon other than the within-mentioned stable,
provided that such animals are enclosed in a pen or corral containing
at least 800 square feet per animal, including a stable under a roof
of at least 100 square feet per animal, and further provided that
the pen, corral fences or similar enclosures are not closer than 20
feet to the adjacent property lines or 50 feet to any neighboring
dwelling or structure.
E.
Not more than three hoofed animals may be kept on
premises with an area devoted to such animals of at least one acre,
excluding all structures thereon other than the within-mentioned stable,
provided that such animals are enclosed in a pen or corral containing
800 square feet for the first such animal and 400 square feet for
each additional animal, including a stable under a roof containing
at least 100 square feet per animal, and further provided that the
pen, corral fences or similar enclosures are not closer than 20 feet
to the adjacent property lines or 50 feet to any neighboring dwelling
or structure.
F.
The pen, corral fences or similar enclosures referred to in Subsections C, D and E above shall be constructed so as to enclose the pen or corral area and contain the hoofed animal and shall be of a minimum height of four feet for animals four feet in height or under and a minimum of five feet for animals four feet in height or over. The height of such animals shall be measured from the ground to the withers of the animal.
A.
SMOKE DETECTOR or SMOKE ALARM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An electrically powered or battery-operated device designed
to detect smoke and provide an audible alarm which shall bear a seal
of Underwriters' Laboratories, Inc. (UL), Factory Mutual Research
Corporation (FM) or other nationally recognized testing laboratory.
B.
Installation required. Prior to the transfer of title
to any dwelling unit and prior to the issuance of a certificate of
occupancy in connection with the construction and/or alteration of
any dwelling unit, there shall be installed a minimum of one smoke
detector or smoke alarm on each floor of a dwelling unit, including
the basement and excluding the attic, in locations designated by the
Construction Code Official or Fire Protection Subcode Official in
conformance with the current requirements of the Uniform Construction
Code.[1]
C.
Enforcement.
(1)
Compliance with this section shall be a condition
to the issuance by the Construction Code Official of any construction
permit for alteration or new construction.
(2)
The Tax Collector of the Borough of Harrington Park
shall provide to each person requesting a tax search a copy of this
section with a statement advising that the seller of any dwelling
unit must install smoke detectors or alarms prior to the closing in
accordance with the provisions of this section. Prior to such closing,
the seller's attorney must provide a signed affidavit that smoke detectors
or smoke alarms have been installed in accordance with the provisions
of this section. This affidavit must be filed with the Borough Assessor,
Tax Collector and Construction Code Official. Inspections shall be
scheduled with the Fire Protection Subcode Official.
[Amended 4-18-2011 by Ord. No. 658[2]]
[Added 5-16-1988 by Ord. No. 400; amended 4-18-2011 by Ord. No. 658]
A.
FENCE
PORTABLE POOL
PRIVATE SWIMMING POOL
Definitions.
Words, terms and phrases used in and for the purpose of this section
are defined as follows:
A permanent barrier of durable construction at least 48 inches
in height above grade, containing a self-closing gate of at least
the same height, and so constructed as to permit normal passage from
one side to the other only through a gate. No gate shall be deemed
necessary if the pool and fence are so situated that one side of the
owner's dwelling is considered as the fourth side of the fence, and
the only access to said pool is through the dwelling. It will be incumbent
upon the owner to properly maintain the fence.
Any structure or other device having a depth of 12 inches
or more, constructed of canvas, rubber, plastic and/or other materials,
in which the possessor, his family or guests can swim, dive or enjoy
other aquatic activities, and designed to be assembled and used during
the normal local swimming season and disassembled and stored during
other seasons.
Any artificially constructed basin, structure or other device
having a depth of 12 inches or more (whether above or below grade),
in which the possessor, his family or guests can swim, dive or enjoy
other aquatic activities, and which is constructed, erected or installed
in such a manner as to classify it as "permanent" as opposed to "portable."
B.
New pools.
(1)
No person, company or other coalition of interests
shall erect, construct, install, or cause to be erected, constructed
or installed a private swimming pool or a portable pool within the
confines of the Borough of Harrington Park without first submitting
plans to the Construction Code Official. Said plans must be accompanied
by a provision for temporary barriers or an enclosure of the excavation
after it has been dug and prior to the completion and filling of the
pool.
C.
Gates.
The gate or gates in the fence shall be kept closed at all times,
except when being used for passage, and shall be locked when the pool
is unattended.
D.
Aboveground
pools.
(1)
Pools with vertical sides less than four feet above
ground level shall be enclosed by a fence at least 48 inches in height,
so constructed and placed as to prevent access to the pool by small
children.
(2)
Stairs and steps or ladders leading up to the pool
edge shall also be enclosed as aforesaid or, if portable, shall be
removed when not in use.
E.
Facilities
for recirculation and reuse of water. All pools not equipped with
facilities for the recirculation and reuse of the pool water shall
be subject to closure by order of the Board of Health during any period
of emergency water shortage.
F.
Relationship
to zoning ordinances. Nothing herein shall be construed as modifying,
altering or repealing any provision of this chapter.
G.
Enforcement
officials. Enforcement of this section shall be the duty of the Construction
Code Official and/or the Health Officer of the Borough of Harrington
Park.
H.
A private swimming pool meeting the requirements of
the Board of Health shall be permitted as an accessory use in a rear
yard, provided that:
(1)
All terms and conditions contained in this section
have been complied with.
(2)
The pool shall be located at least 15 feet from any
side or rear lot line. Any patio, decking and other decorative improvements
surrounding such a pool shall be located no closer than 15 feet to
any side or rear lot line.[3]
(3)
Installation of any lighting of the pool shall be
such that there shall be no glare or direct lighting into adjacent
properties.
(4)
Swimming pools, including railings and other devices
attached to the pool structure, excluding diving boards and slides,
shall not exceed a maximum height above finished ground level of six
feet. On exposed sides facing adjacent property owners, the pool shall
be shrubbed with evergreens equal in height to the exposed portion
of the pool which is over two feet and not enclosed by fencing.
I.
The foregoing restrictions shall not apply to movable
wading pools.
[Added 5-16-1988 by Ord. No. 400]
Tennis courts, when used exclusively for private
purposes, shall be permitted as an accessory structure in rear yards
in the residential districts, provided that such tennis courts shall
be a minimum distance of 15 feet from the rear lot line. Fences may
be erected around the perimeter of a tennis court in connection with
the use thereof, but in no case more than 10 feet in height, and further
provided that no illuminating lights permitting night playing shall
be allowed. Any fence used in connection with a tennis court shall
be of the chain-link variety. Any such fence shall be shielded by
evergreens or other shrubbery which will act as a buffer between the
fence and the side/rear or front yards.
[Added 5-16-1988 by Ord. No. 400; amended 8-18-2014 by Ord. No. 692]
A.
"Heating, ventilating and air-conditioning equipment
and generators and backup electrical supply apparatus" shall be defined
as any structure, casing or other apparatus located on the outside
of the structure which use has either heating, air-conditioning or
electrical backup supply purposes and commonly referred to as "central
air-conditioning/heating units" or "generators/electrical backup supply
apparatus." Such equipment shall not encroach on any side, rear or
front yard setback requirement, as defined by this chapter. All such
equipment shall be shielded by evergreens or other shrubbery which
shall act as a buffer between the equipment and the side/rear or front
yard which is closest in proximity to said equipment. Further, with
respect to generators/electrical backup supply apparatus, such equipment
shall not be permitted in the front of the structure.[1]
B.
For any such equipment which cannot be placed in a
position in conformance with the above subsection, the owner/applicant
shall come before the Planning Board or Zoning Board of Adjustment
to request the appropriate variance relief. The applicant is to provide
the Board with a copy of a survey indicating all existing structures
on the property and the proposed location of the equipment.
[Added 11-25-1996 by Ord. No. 489; amended 1-20-1997 by Ord. No.
491; 4-18-2011 by Ord. No. 658]
The Mayor and Council of the Borough of Harrington
Park have determined that, pursuant to N.J.S.A. 40:55D-66.1, it is
in the best interests of the Borough to establish regulations related
to the health, safety and welfare of the residents of the Borough
concerning community residences for the developmentally disabled,
community shelters for victims of domestic violence, community residences
for the terminally ill and community residences for persons with head
injuries, housing more than six persons. Pursuant to N.J.S.A. 40:55D-67,
the aforementioned residences may be permitted as a conditional use
in residential districts, provided that:
A.
A conditional use permit shall not be granted for
such residences located within 1,500 feet of an existing community
residence for developmentally disabled persons or shelter or school.
B.
A conditional use permit shall not be granted if existing
community residences or community shelters within the Borough exceed
50 persons or 0.5% of the Borough population, whichever is greater.
C.
Applicants for conditional use permits shall demonstrate
to the Planning Board that every resident admitted shall be provided
with assistance in maintaining a basic level of self-care and in developing
the potential to live independently in the Borough. The operator of
a residence for the developmentally disabled shall provide to the
Borough Board of Health proper documentation certifying that each
proposed resident is neither a danger to himself nor to the community.
Such documentation shall be provided for each proposed resident before
he is allowed to take up occupancy in the facility. Provisions shall
be made for properly licensed medical, nursing and supervisory staff
as the Borough Board of Health deems necessary and adequate for the
particular facility in question.
D.
The applicant shall supply information to the Planning
Board covering the operation and maintenance of the proposed residence
and the rules and regulations governing the admission and discharge
of residents. In addition to providing said information to the Planning
Board, the same information shall be provided by the operator of a
community residence for the developmentally disabled to the Borough
Board of Health, and the operator shall immediately provide to the
Borough Board of Health copies of any changes to rules and regulations.
No such rule or regulation shall be deemed effective unless and until
the Borough Board of Health has approved said rule or regulation as
necessary and adequate for that particular facility.
E.
The applicant shall demonstrate to the Planning Board
that essential life-safety, health and comfort conditions will exist
in a homelike atmosphere in the proposed community residence.
F.
Except as specified in these subsections, the use
of single-family dwellings for community residences shall conform
to all development standards of the same district within which the
residence is to be located.
G.
Off-street parking shall be provided at a rate of
two parking spaces for the first six occupants, plus one additional
space for each additional three occupants, plus one for each staff
member.
H.
The applicant shall provide detailed building plans
for a community residence which shall indicate the use of all floor
spaces contained within the dwelling. In addition, the operator of
the community residence for the developmentally disabled shall provide
copies of said plans to the Borough Board of Health, and said plans
are subject to the approval of the Borough Board of Health as to the
safety and adequacy of the particular facility.
I.
Community residences shall provide internal and outdoor
passive recreation areas to sufficiently accommodate the occupants
of the dwelling. In addition, facilities shall be provided for internal
recreation for meetings, games and other similar activities.
J.
The applicant shall demonstrate to the Planning Board
that adequate transportation will be continually provided to meet
the daily needs of the occupants of the dwelling.
K.
A community residence shall have twenty-four-hour
on-site supervision and security. Security shall also consist of a
fence and/or a landscape screen, or a combination of both fencing
and landscaping, surrounding the facility, adequate to prevent residents
of the facility from leaving unnoticed and to prevent unauthorized
persons from entering the facility, as deemed appropriate by the Planning
Board.
L.
The applicant shall submit details concerning all
life-safety and emergency facilities and equipment which are to be
provided within the building. The operator of the community residence
for the developmentally disabled shall provide a centrally supervised
fire alarm system with supervised smoke detectors monitored by the
Police Department. The installation of smoke systems shall be in accordance
with the requirements of the Uniform Construction Code and the Bureau
of Fire Prevention.
M.
The use of any existing or proposed building or structure
as a community residence shall be in accordance with the State Uniform
Construction Code and shall also be subject to the approval of the
Bureau of Fire Prevention.[1]
N.
The applicant shall provide documentation that the
proposed residence has been properly licensed by the New Jersey Department
of Human Services, as well as any other required regulatory governmental
or administrative body. A fully detailed written disclosure shall
be submitted to the Planning Board identifying individuals, with addresses,
involved in a corporation, partnership, society or association, whether
public or private, whether for profit or nonprofit, involved in the
operation and maintenance of such residence.
O.
In considering the granting of a conditional use permit
for a community residence, the Planning Board may be guided by standards
contained elsewhere in this chapter for comparable conditions and
by common good practice.
P.
The applicant shall demonstrate to the Planning Board
that the site location, existing development pattern of the area,
traffic circulation and pedestrian mobility and safety are suitable
for the establishment of a community residence.
Q.
The operator of a community residence shall carry
liability insurance with minimum coverage of $1,000,000 per accident,
which shall insure the operator against claims of negligence causing
injury to the residents of the facility and which shall insure the
public against any injury to person or property perpetrated by a resident
of the facility. Said insurance policy shall specifically provide
that the mental state of the facility resident who was injured or
who perpetrates an act shall not be used as a deterrent against recovery
on the policy.
R.
The operators of a community residence for the developmentally
disabled shall provide detailed information to the Planning Board
concerning its approval and compliance with the Rules and Regulations
Governing Community Mental Health Service and State Aid Under the
Community Mental Health Services Act (N.J.S.A. 30:9A), N.J.A.C. 10:37-1.1
et seq.
[Added 10-19-1998 by Ord. No. 513]
Municipal uses shall be permitted in all districts
in the Borough and in all respects shall be exempt from the ordinances
contained in the Harrington Park Code.
[Added 4-18-2011 by Ord.
No. 658]
A.
No dumpster, cargo container or refuse container with
a capacity greater than 100 cubic feet shall at any time be placed
outside and upon any premises within the Borough for a period greater
than seven days. The Borough police officers, Construction Code Official
and Zoning Officer have the authority to extend this period for one
additional seven-day period in order to accommodate the demolition,
construction or alteration of the premises. All other containers,
regardless of their use, shall be specifically approved by the appropriate
Harrington Park board, either planning or zoning. A dumpster permit
may be renewed for a period of 90 days upon approval of the Construction
Code Official.[1]
B.
No lot owner within the Borough shall permit or allow
a container to be placed upon the lot to be used as an accessory structure
or shed without specific approval of the appropriate board.
[Added 2-17-2009 by Ord. No. 636]
A.
SOLICITATION or SOLICIT
Definitions. As used in this section, the following
term shall have the meaning 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 receives any contribution.
B.
Requirements for placement and use of clothing bin
for solicitation purposes. Notwithstanding any other provision of
law to the contrary, no person shall place, use, or empty a clothing
donation 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)
In applying for such a permit, the person shall
include:
[1]
The location where the bin would be situated,
as precisely as possible;
[2]
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;
[3]
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
[4]
Written consent from the property owner to place
the bin on his property.
(2)
The person has secured minor site plan approval for
the bin from the Planning Board and for the specific purpose of ensuring
that the placement of such bin will not constitute a safety hazard.
(3)
The Zoning Officer shall not grant an application
for a permit to place, use, or employ a clothing donation bin if he
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 clothing donation bin within 100 yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases.
(5)
An expiring permit for a clothing donation bin may
be renewed upon application for renewal and payment of a fee as provided
in the Borough Fee Schedule imposed by the Zoning Officer for such
renewal, to offset the costs involved in enforcing this section. Such
application shall include:[2]
(a)
The location where the bin is situated, as precisely
as possible, and, if the person intends to move it, the new location
where the bin would be situated after the renewal is granted and written
consent from the property owner to place the bin on his property;
(b)
The manner in which the person has used, sold,
or dispersed any clothing or other donations collected via the bin,
the method by which the proceeds of collected donations have been
allocated or spent, and any changes the person anticipates he may
make in these processes during the period covered by the renewal;
and
(6)
The permit number and its date of expiration shall be clearly and conspicuously displaced on the exterior of the clothing donation bin, in addition to the information required pursuant to Subsection B(8) of this section.
(7)
The person, and any other entity which may share or
profit from any clothing or other donations collected via the bin,
shall maintain 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.
(8)
The following information shall be clearly and conspicuously
displaced on the exterior of the clothing donation bin:
(a)
The name and address of the registered person
who 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 any 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 by, 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 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.
Receipt and investigation of complaints relative to
donation clothing bins.
(1)
The Zoning Officer shall receive and investigate, within 30 days, any complaints from the public about the 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 and 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 as provided in Chapter 164, Fines and Penalties, 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
[Amended 4-18-2011 by Ord. No. 658]
(2)
Deemed ineligible to place, use, or employ a clothing donation bin for solicitation purposes pursuant to Subsection B hereof. A person disqualified from placing, using, or employing a clothing donation bin by violating the provisions of this section may apply to the Zoning Officer to have that person's eligibility restored. The Zoning Officer may restore the eligibility of a person who:
E.
Exemption of clothing donation bins sponsored by departments of the Borough. The owner of any clothing donation bin which is sponsored by any department of the Borough shall be required to comply with the requirements of Subsections B through D hereof but shall specifically be exempt from the minor site plan approval requirement of Subsection B(2) and fee requirement of Subsection B(4) and (5) hereof.
