All uses shall be required to comply with the
following performance standards:
A. Noise. All applicable state and county noise regulations
shall be complied with, including, but not necessarily limited to
the New Jersey Noise Control Act (N.J.S.A. 13:1G-1 et seq.) and regulations
(N.J.A.C. 7:29-1 et seq.) and the Union County Regional Environmental
Health Commission Noise Control Chapter (NO. 01-1989), as amended.
B. Vibration. No use shall produce any earthborn vibration
which is discernible to the human sense of feeling at the boundary
of the subject property, provided that vibrations produced by motor
vehicles entering or exiting the site are exempt from this regulation.
C. Air quality. All applicable federal and state regulations
shall be complied with, including, but not necessarily limited to,
the Clean Air Act (42 U.S.C. 7401 et seq.), the New Jersey Pollution
Control Act (N.J.S.A. 26:2C-1 et seq.) and regulations (N.J.A.C. 7:27-1-1
et seq.), as amended.
D. Odor. No use shall produce any odor which is perceptible
to the human sense of smell at the boundary of the subject property,
if said odor(s) would produce a public nuisance or hazard. Odors from
motor vehicle emissions on the site are exempt from this regulation.
E. Glare. Any use producing any glare shall be shielded
or performed within the enclosed building, as determined by the Planning
Board, in such a manner as not to create a public nuisance or hazard
at the boundary of the subject property. Glare from motor vehicle
headlights entering or exiting the site driveway are exempt from this
requirement.
F. Electrical interference. No use shall be conducted
which produces electromagnetic interference with radio or television
reception or otherwise interferes with the operation of electronic
devices located outside the boundaries of the subject property. Operators
of equipment must comply with Federal Communications Commission regulations
regarding the use of such equipment.
G. Radiation. All applicable federal and state radiation
regulations shall be complied with, including, but not necessarily
limited to provisions of the New Jersey Radiation Protection Act (N.J.S.A.
26:2D-1 et seq.) and regulations (N.J.A.C. 7:28 1.1 et seq.), as amended.
H. Waste disposal. All applicable federal, state, county
and local regulations pertaining to the storage, disposal and recycling
of solid and liquid waste materials shall be complied with.
I. Fire and explosive hazards. All uses, operations and
structures shall be conducted and/or built in accordance with the
standards of the National Board of Fire Underwriters, the Uniform
Construction Code and the Uniform Fire Code.
J. Toxic and hazardous materials. All applicable federal,
state, county and local regulations pertaining to the use, storage,
transporting and disposal of toxic and hazardous materials shall be
complied with.
Except as may be specifically provided otherwise
in this chapter, the following provisions shall apply to the specific
accessory buildings, uses and/or structures for all residences in
all residential and nonresidential zones; provided, however, that
except for improvement coverage requirements herein, this article
shall not apply to parking, signs and other accessory structures regulated
elsewhere in this chapter when such regulations expressly or by clear
implication supersede those in this article:
A. No detached private garage shall be closer than three feet from the rear or side property line, except where the detached private garage is on a street side yard, in which case it shall be no closer to the side property line than the established front yard depth pursuant to §
184-126D.
[Amended 8-13-2002 by Ord. No. 02-18R; 5-8-2007 by Ord. No. 07-08R]
(1)
No detached private garage shall be closer than
three feet from the rear or side property line, except where the detached
private garage is on a street side yard in which case it shall be
no closer than 30 feet from the side property line.
[Amended 6-14-2001 by Ord. No. 01-10R]
(2)
Detached private garages shall be limited to
one story and shall have a peaked roof with a maximum pitch of no
greater than one on one and shall not be larger than 500 square feet
in the floor area. No premises shall have more than one detached garage,
regardless of its size.
[Added 6-14-2001 by Ord. No. 01-10R]
B. Sheds. Sheds, as defined in Article
II, shall comply with the following:
(1)
Sheds shall be permitted only in the rear yard.
(2)
Sheds shall not be larger than 100 square feet
in the floor area, nor greater than 10 feet in height and no premises
shall have more than one shed, regardless of its size.
(3)
No shed shall be closer than three feet from
the rear or side property line, except where the shed is on a street
side yard in which case it shall be no closer than 30 feet from the
side property line.
[Amended 6-14-2001 by Ord. No. 01-10R]
C. Gazebos. Gazebos are accessory structures and are
subject to the provisions of this article. Gazebos shall comply with
the following:
[Added 8-13-2002 by Ord. No. 02-18R]
(1)
Yard location. Gazebos shall be permitted only
in the rear yard or in the side yard for corner lots.
(2)
Gazebos shall not be larger than 100 square
feet in the floor area, nor greater than 12 feet in height and no
premises shall have more than one gazebo, regardless of its size.
(3)
No gazebo shall be closer than 10 feet from
any side or rear property line, except where the gazebo is on a side
street yard, in which case it shall be no closer than 30 feet from
the side property line.
D. Decks and patios. Decks and patios are accessory structures
and are subject to the provisions of this article. The following specific
requirements shall apply to decks and patios in all residential zones
and accessory to any residential use in a nonresidential zone:
(1)
Yard location. Decks shall be permitted only
in the rear yard.
[Amended 12-13-2001 by Ord. No. 01-22R]
(2)
Setback requirements. Decks and patios shall
be set back from the side lot lines a distance equal to or greater
than the distance required for principal buildings and shall be set
back at least 25 feet to any rear lot line in the R-75 zone and 30
feet to any rear lot line in the R-150 zone.
[Amended 6-14-2001 by Ord. No. 01-10R]
(3)
Lighting. Artificial lighting shall be permitted;
provided that any lighting shall be placed so as to eliminate the
transmission of glare to adjoining properties or to adjoining streets
and provided further that such lighting shall not be located higher
than six feet above the elevation of the deck floor.
(4)
Subfloor areas. The space between the floor
of the deck and the ground shall be screened with appropriate plantings
or shrubbery or shall be covered with a skirt of lattice or other
material so that open space between the deck and the ground, if any,
is not visible. Skirts, lattices or appropriate screening shall have
at least one inch and no more than three inches of ground clearance
and shall provide a method of human access under the deck or raised
patio.
E. Private swimming pools. Private swimming pools shall
comply with the following:
(1)
Use. Private swimming pools shall be designed
and intended only for the private use of the occupants of the premises
and their guests as a swimming pool.
(2)
Where permitted. Private swimming pools are
permitted only in the residential zone districts.
(3)
Location. Swimming pools shall be permitted
only in the rear yard. The swimming pool shall not be closer than
15 feet from any side or rear property line. On corner lots, the swimming
pool shall be set back from the side street line a distance at least
equal to the street side yard setback requirement for a principal
building or to the established front yard set back of the lot adjacent
to the rear lot line of the lot on which the swimming pool is located,
whichever is greater.
(4)
Lighting. Artificial lighting shall be permitted
below the surface of the water and/or at a height not to exceed six
feet above grade level and any lighting above grade level shall be
placed so as to eliminate the transmission of glare to adjoining properties
or to adjoining streets.
(5)
Other provisions of law. All other provisions
of state law and Borough Code with respect to swimming pools shall
be satisfied.
(6)
Exclusions. Hot tubs, wading pools, landscape
pools and fish pools are not swimming pools and are not required to
meet the specific requirements of this subsection, but are considered
to be accessory uses and must meet all other applicable requirements
of this article.
F. Hot Tubs. Hot tubs are required to meet all the general
requirements for accessory uses as set forth in this section, provided
the following additional requirements shall be satisfied:
(1)
Location. Hot tubs shall be permitted only in
the rear yard. The hot tub shall not be closer than 15 feet from any
side or rear property line. On corner lots, the hot tub shall be set
back from the side street line a distance at least equal to the street
side yard setback requirement for a principal building or to the established
front yard set back of the lot adjacent to the rear lot line of the
lot on which the hot tub is located, whichever is greater.
(2)
In the event a hot tub is located within or
adjacent to a deck, the hot tub shall be required to comply with the
requirements for decks.
(3)
In the event a hot tub is constructed as a freestanding
structure, the hot tub shall be subject to the same setback requirements
applicable to swimming pools.
(4)
Hot tubs installed outside a building shall
have a hard permanent lockable cover which must be kept closed and
locked when not in use.
G. Game courts. Game courts involving a ball in play,
such as but not limited to private tennis courts, racquetball courts,
paddleball courts, platform tennis courts, handball courts, basketball
courts and similar recreational facilities are conditional uses and
shall be subject to the following:
(1)
Location. the recreational facilities included
in this subsection shall be permitted only in the rear yard.
(2)
Coverage by recreational facilities. Except
as may be otherwise provided in this chapter, the total coverage by
accessory buildings and above-grade structures in the rear yard shall
not exceed 25% of the area of the rear yard. The foregoing coverage
restriction shall not be construed as permitting the total coverage
by buildings and above-grade structures or the total coverage by improvements
on the lot to exceed the total coverage by improvements on the lot
to exceed the maximum coverage permitted in the particular zone district
or for the particular use, as applicable, or as excluding such coverage
in the rear yard from the calculation of total coverage by buildings
and above-grade structures on the lot, or as excluding such coverage
from the calculation of total coverage by improvements on the lot.
(3)
Setback. The recreational facility shall not
be closer than 15 feet from any side or rear property line. On corner
lots, the recreational facility shall be set back from the side street
line a distance equal to or greater than the street side yard setback
requirement for a principal building, or to the established front
yard setback of the lot adjacent to the rear lot line of the lot on
which the recreational facility is located, whichever is greater.
(4)
Enclosures. The height of the recreational facility enclosure, if there be one, shall not exceed 15 feet. In the event the enclosure is greater than six feet high, the enclosure shall comply with the setbacks applicable to recreational facilities in Subsection
G(3) above. Enclosures shall be of open chain link construction, shall not include slats or coverings, and shall include a top rail.
(5)
Lighting. No artificial lighting is permitted.
H. Antennas. Antennas are permitted and regulated as set forth in §§
184-136 and
184-138.
[Amended 12-13-2001 by Ord. No. 01-22R]
I. Other miscellaneous residential accessory uses and
structures. The following regulations shall apply as specified:
(1)
Wading pools, sandboxes, trellises, seasonal
temporary tents, dog houses, kennel enclosures, patios, grape arbors,
permanent barbecue facilities, and other structures or uses customarily
associated with residential uses shall all be set back from any property
line at least five feet and shall not be located in the front or side
yards; provided, however, that patios may be located in any side yard.
Notwithstanding anything to the contrary set forth herein, temporary
structures for religious services may be located in the front, side
and/or rear yards, including but not limited to succahs and croaches.
(2)
Bocci courts shall not be located in the front
or side yards and shall be at least five feet from any property line.
(3)
Playground equipment shall not be located in
the front or side yard, shall be no higher than 15 feet above the
ground, and shall be at least five feet from any property line.
(4)
Air conditioners and heat pumps, or portions
thereof, which are not mounted in the window or walls of a building
or structure but are placed upon the ground or on a ground-based platform
outside of a structure or building may not be located in the front
yard. Such structures shall be at least five feet from any property
line. Any ground level air conditioner, compressor, and/or heat pump
shall be screened.
(5)
Flag poles shall not be higher than 45 feet
and shall be set back at least 10 feet from any property line and
the principal structure on the lot.
(6)
Basketball backboards may be fastened to the
house. Movable backboards shall not be positioned in such a manner
to interfere with either pedestrian or vehicular traffic. No basketball
backboards shall be located anywhere but on the individual owner's
property and not in the public right-of-way.
(7)
Mailboxes; artwork, gate posts; portable barbecues
and planters shall be exempt from the provisions of this article and
any other provision of this chapter.
(8)
Skateboard ramps. Any structure or ramp designed
for use with skateboards, whether on a temporary or permanent foundation,
is prohibited in all residential zone districts.
(9) Generators,
setback requirements. Generators shall be set back from the side lot
lines a distance equal to or greater than the distance required for
principal buildings and shall be set back at least 25 feet to any
rear lot line in the R-75 Zone and 30 feet to any rear lot line in
the R-150 Zone. Any ground level generator shall be screened by an
attractive and appropriate wall, fence or planting of appropriate
height and density to obscure the generator from view of adjacent
properties, which screening shall be subject to the approval of the
Zoning Officer. Generators shall not be located in the front or front
side yard on corner properties.
[Added 3-19-2013 by Ord. No. 13-02R]
(10)
Other uses and structures. The Zoning Officer
shall determine the applicability of this chapter to accessory uses
and structures for residential use which are not specifically regulated
herein.
[Amended 12-13-2001 by Ord. No. 01-22R]
Exempt antennas as defined in Article
II shall be exempt from the provisions of this article and any other provision of this chapter. Nonexempt radio and television antennas, including satellite dish antennas, accessory to a permitted principal structure on the same premises may be installed, erected and maintained within all districts, but only in accordance with the provisions of this section. Cellular telecommunications antennas are regulated as a conditional use in Article
XIX and shall be exempt from the provisions of this section, and governed by the provisions of §
184-138.
A. Review and approval procedure. All antennas shall
be subject to the review and approval of the Zoning Officer. Applications
shall be subject to the following procedure:
(1)
Each application shall be accompanied by a report
prepared by the installer of the antenna explaining why the proposed
location was selected over other locations and the reasons, with supporting
data, for any requested deviation from the requirements of this section
as to location or screening.
(2)
When deemed necessary by the Zoning Officer,
the Town may consult, at the applicant's expense, with an expert in
the field of antenna installations for guidance in evaluating an applicant's
report when a deviation from the requirements of this section is requested.
The applicant shall post a fee calculated by the Zoning Officer, but
not to exceed $500, to cover such expense, in the form of cash or
a certified check, and against which such review expenses shall be
charged. All sums not actually so expended shall be returned to the
applicant at the time the permit is either issued or denied.
(3)
The Zoning Officer may permit deviations from
the requirements of this section when it is demonstrated by the applicant
that such deviations are necessary to enable proper antenna reception.
B. General regulations. The following general regulations
shall apply to antennas in residential or nonresidential districts.
(1)
No portion of an antenna array shall extend
beyond the property lines or into any front yard area. Guy wires shall
not be anchored within any front yard area but may be attached to
the building.
(2)
Ground-mounted antennas shall be any antenna
with its base mounted directly in the ground, even if such antenna
is supported or attached to the wall of a building. Fixed-guyed antenna
tower shall be fascia-mounted or guyed according to approved standards.
Wire antennas that are not self-supporting shall be supported by objects
within the property lines but not within any front yard areas.
(3)
The antenna, including guy wires, supporting
structures and accessory equipment, shall be located and designed
so as to minimize to the greatest extent possible the visual impact
on surrounding properties and from public streets. Antennas shall
be screened from view through the addition of anti-climb fencing and
architectural features or evergreen landscaping that harmonize with
the elements and characteristics of the property; provided, however,
that no screening shall be required which would inhibit adequate reception.
Screening by fencing or plantings may be waived if natural terrain
and landscaping provide adequate screening. The materials used in
constructing the antenna shall not be unnecessarily bright, shiny,
garnish or reflective, and all antennas shall blend with the surrounding
environment.
(4)
Antennas shall meet all manufacturers specifications.
The mast or tower shall be of noncombustible and noncorrosive hardware,
such as brackets, turn buckles, clips and similar type equipment subject
to rust or corrosion, and shall be protected with a zinc or cadmium
coating by either galvanizing or a similar process after forming.
These finishes are selected to guard against corrosion and to protect
the element against electrolytic action due to the use of adjoining
dissimilar metals.
(5)
Power control and signal cables to or from the
antenna shall be by underground conduit.
(6)
All antennas shall be located, designed, constructed,
treated and maintained in compliance with the requirements of the
Uniform Construction Code and the requirements set forth below. The
requirements below have been designed with the intent of advancing
and achieving health, safety and aesthetic interests and objectives
and are further intended to operate so as not to impose unreasonable
limitations on, or prevent, reception of satellite delivered signals
or to impose costs on the users which are excessive in light of the
cost of purchase and installation.
(7)
No antenna or antenna structure located in the
Borough regardless of when it was erected, shall be used as a sign
or as a supporting structure for any sign or lettering.
C. Antennas in residential districts. Antennas in the
residential districts shall be subject to the following additional
regulations:
(1)
No lot shall contain more than two antennas,
not more than one of which may be a satellite dish antenna.
(2)
Antennas shall be located in the rear yard only
and shall be located at least 10 feet from any property line.
(3)
Roof-mounted antennas of any type shall not
extend higher than 15 feet above the highest point of the roof, provided
the satellite dish antennas shall not be permitted on the roof unless
necessary for reception. In such instances, no roof-mounted satellite
dish antenna shall exceed eight feet in diameter nor extend higher
than 10 feet above the highest point of the roof. A roof-mounted satellite
dish antenna shall be of mesh construction. Such satellite dish antenna
shall be located, if reception is possible at such location, on roofs
when the satellite dish is shielded from view from the street or by
other portions of the roof or structure.
(4)
Ground-mounted accessory antennas of any type
shall not extend higher than 50 feet above adjacent ground level,
except that ground-mounted, satellite dish antennas shall not exceed
10 feet in diameter nor 12 feet in height.
D. Antennas in nonresidential districts. Antennas in
the nonresidential districts shall be subject to the following additional
regulations.
(1)
Antennas shall be located in the rear yard and
shall be located at least 10 feet from any property line.
(2)
An antenna may be erected on the roof of a building,
provided that the building, including the antenna, falls within the
height limits established for the district, provided that satellite
dish antennas subject to this article shall not be permitted on the
roof.
(3)
Ground-mounted antennas shall not exceed five
feet in height, provided that no ground-mounted dish antenna shall
exceed a diameter of 16 feet nor extend about the ground more than
18 feet.
All aboveground and underground bulk storage
of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No.
2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible
liquids in any amount is prohibited in all zone districts. Underground
or basement storage of up to 530 gallons of kerosene or No. 2 heating
fuel used exclusively for heating purposes on the premises is exempted
from the above prohibition. Furthermore, and notwithstanding the above
prohibition, aboveground and underground bulk storage of the following
materials is permitted at public garages, gasoline service stations,
gasoline filling stations and automobile sales operations, if the
use of such materials is accessory to the principal use on the site:
A. Gasoline, diesel fuel and other approved fuels for
motor vehicles, stored in accordance with all applicable state and
federal regulations, and intended to be dispensed from pumps to motor
vehicles operated by the general public;
B. Up to 275 gallons of motor oil, transmission fluid
or other similar automotive fluids, all of which must be stored above
ground in approved storage tanks; provided, however, that outdoor
storage of such materials in 55 gallon drums shall not be permitted
and further provided that only such fluids with a flash point at or
above 200° F. shall be permitted to be stored above ground in
bulk; and
C. Up to 350 gallons of waste motor oil, waste transmission
fluid or other similar automotive waste fluids, all of which must
be stored above ground in approved storage tanks; provided, however,
that outdoor storage of such materials in 55 gallon drums shall not
be permitted and further provided that only such waste fluids with
a flash point at or above 200° F. shall be permitted to be stored
above ground in bulk.
D. Notwithstanding anything herein contained to the contrary,
this section is not intended to conflict with Uniform Construction
Code, but to govern the land use nature of the bulk storage of such
chemicals, and in the event of a conflict, the Uniform Construction
Code shall prevail.
The above-ground storage of liquefied petroleum
gas shall be prohibited in all zone districts except the LI and the
GC Zone Districts. In the LI and the GC Zone Districts, the following
regulations shall apply to such storage and dispensing:
A. Any such storage tank shall not exceed 1,100 gallons
water capacity.
B. Any such storage of liquefied petroleum gas shall
only be used to refill 20 pound liquefied petroleum gas tanks.
C. The plans for the installation of any such tank shall
be approved by the New Jersey Department of Labor and Industry ("DOLI")
prior to installation.