The purpose of these provisions is to provide
direction regarding the administration and application of development
requirements and restrictions within the Borough's zone districts.
Deviation from the standards of this article will only be permitted
when a variance is granted pursuant to N.J.S.A. 40:55D-70.
Any restrictions or requirements with respect
to buildings or land, which appear in other ordinances of the Borough
or are established by law and which are greater than those set forth
herein, shall take precedence over the provisions of this chapter.
Except as otherwise provided in this chapter,
the lawful use of the land or a building existing at the date of the
adoption of this chapter may be continued although such use or building
does not conform to the regulations specified by this chapter for
the zone in which such land or building is located; provided, however,
that:
A.
Reduction of use. No nonconforming lot shall be further
reduced in size.
B.
Enlargement of use. No nonconforming building or structure
shall be enlarged, extended or increased unless such enlargement,
extension, or increase is conforming.
C.
Expansion of use. No nonconforming use may be expanded.
D.
Abandonment of use.
(1)
A nonconforming use shall be deemed to be abandoned
where there is: 1) an intention to abandon, as well as 2) an external
act (or omission to act) by which such intention is carried into effect.
(2)
It shall be prima facie evidence that a nonconforming
use has been abandoned when there occurs a cessation of such use on
the part of a tenant or owner for a continuous period of at least
one year. When a nonconforming use has been abandoned, such use shall
not thereafter be reinstated and any structure shall not thereafter
be reoccupied, except in conformance with this chapter.
E.
Restoration of a structure.
(1)
If any nonconforming structure shall be more than
partially destroyed, then the structure may not be rebuilt, restored
or repaired, except in conformity with this chapter.
(2)
Destruction to the extent that rebuilding, repair
or restoration requires removal or demolition of any remaining portions
of the damaged part of the structure such that the only major components
of the original structure utilized in such building, repair or restoration
are the foundation or exterior walls shall be prima facie evidence
that the structure has been more than partially destroyed.
(3)
Nothing in this chapter shall prevent the strengthening
or restoring of any portion of a structure which has been declared
unsafe by the Construction Official.
F.
Certification of preexisting nonconforming uses, buildings and structures. Upon application, the Administrative Officer (Borough Administrator) or the Planning Board may issue a certificate in accordance with Article III, § 150-10D(3), certifying the legality of a preexisting nonconforming use, building, or structure.
G.
Alterations and additions. A nonconforming building
may not be altered so as to increase in any manner the degree of nonconformance.
H.
Reversion. No nonconforming use shall, once changed
into a conforming use, be changed back to a nonconforming use.
I.
Lots and structures.
(1)
A nonconforming lot may not be used for any purpose
unless:
(a)
The proposed use and all existing uses is/are
permitted principal or accessory use(s).
(b)
The lot conforms to the minimum lot area requirements
of this chapter.
(c)
Other than minimum lot area, the lot conformed
to the zoning standards in effect immediately prior to the adoption
of this chapter.
(2)
A nonconforming building or structure may not be enlarged,
extended, increased in height, width or depth; moved or relocated;
or modified in such a way so as to increase habitable or usable space,
number of dwelling units or number of bedrooms; unless it is changed
to conform to the requirements of this chapter except that an existing
use (principal or accessory) may be enlarged, extended or added to
provided:
(a)
The proposed use and all existing use(s) is/are
permitted principal or accessory use(s).
(b)
The enlargement, extension or addition conforms
to all requirements of this chapter and will not result in the creation
of any nonconformity related to the lot and the aggregate of all structures
or building.
(3)
Principal or accessory buildings or structures may
not be constructed on nonconforming lots and/or on lots which contain
a nonconforming principal building or structure unless:
(a)
Existing and proposed buildings or structures
will be used for a permitted principal or accessory use.
(b)
The lot conforms to the minimum lot area requirements
of this chapter.
(c)
Other than lot area, the lot conforms to the
zoning standards in effect immediately prior to the adoption of this
chapter.
(d)
The new structure or building conforms to all
requirements of this chapter and will not result in the creation of
any nonconformity related to the lot and the aggregate of all buildings
or structures.
J.
Prior approved construction. Nothing herein contained
shall require any change in plans, construction or designated use
of a building for which a building permit has been hereto before issued
and the construction of which shall have been diligently prosecuted
within three months of the date of such permit, and the ground story
framework of which, including the second tier of beams, shall have
been completed within six months of the date of the permit, and which
entire building shall be completed according to such plans as filed
within one year from the date of the adoption of this chapter.
K.
District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, the provisions of this chapter
shall also apply to any nonconforming uses existing therein or created
thereby.
A.
On all corner lots, the depth of all yards abutting
on streets shall not be less than the minimum front yard depth required.
B.
Lot lines of corner lots, that are coexistent with
sidelines of abutting lots, shall be considered sidelines.
C.
Lot lines of corner lots, that are coexistent with
rear lines of adjoining lots, shall be considered rear lines.
D.
Lot lines of corner lots, that are coexistent with
lot lines of adjoining corner lots, shall be considered sidelines.
E.
Sections B, C, and D notwithstanding, each corner
lot must maintain a rear yard setback for at least one yard area other
than a front yard.
F.
Each street frontage of a corner lot shall conform
to the minimum required frontage for a corner lot in the applicable
zone district as specified in the Schedule of Zoning District Requirements,
Exhibit 5-2.[1]
[1]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
Unless more stringent regulations are provided
by other provisions of this chapter, at the intersection of two or
more streets, no hedge, fence, screening strip or wall higher than
30 inches above curb level, nor any obstruction to vision, other than
a post not exceeding one foot in diameter, shall be permitted on any
lot within the triangular area formed by two intersecting street lines
bounding said lot, or the projection of such lines, and by a line
connecting a point, on each line located 25 feet from the intersection
of the street lines.
Every principal building shall be built upon
a lot with frontage upon a public street improved to meet the municipal
requirements or for which such improvement has been guaranteed by
the posting of a performance guarantee pursuant to this chapter unless
relief has been granted under the provisions of N.J.S.A. 40:55D-36.
A.
No yard or other open space provided around any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
B.
All yards facing on a public street shall be considered
front yards and shall conform to the minimum front yard requirements
for the zone in which located except:
(1)
Lots with frontage on more than one street, which
are not corner lots, may have a front and rear yard designated by
the owner subject to:
(a)
If the lot contains a principal structure, the
front will be considered the direction the principal structure faces.
(b)
If the lot does not contain a principal structure
and only one street frontage conforms to lot frontage requirements,
the yard abutting the conforming street frontage will be considered
the front yard.
(2)
The designated rear yard of a lot with frontage on
more than one street shall be considered a rear yard for the purposes
of this chapter, except for the area within the depth of the required
minimum front yard determined as follows:
C.
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projections
allowed by the State Uniform Construction Code[1] including, but not limited to, sills, belt courses, chimneys,
flues, buttresses, ornamental features, and eaves; provided, however,
that none of the aforesaid projections shall project into the minimum
required yards more than 24 inches, unless otherwise permitted by
this chapter.
D.
Setback requirements. The provisions of the Schedule
of Zoning District Requirements, Exhibit 5-2,[2] notwithstanding, the following overall setbacks shall
be in effect:
(1)
No structure shall be located within 30 feet of the
right-of-way of State Highway No. 36.
(2)
No structure shall be located within 50 feet of the
mean high tide line of Sandy Hook Bay or of any area fronting thereon
which is reserved for public beach purposes, except as specifically
provided in the regulations.
(3)
No structure shall be located within 50 feet of any
natural waterway unless protective measures are taken, which, in the
opinion of the Borough Engineer, will not increase the likelihood
of silting or flood damage at any point along said waterway.
[2]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
Unless otherwise specified in this chapter on
the zone district schedule, accessory buildings and structures shall
conform to the following regulations as to their locations on the
lot:
A.
Location of accessory buildings.
(1)
An accessory building attached to a principal building
shall comply in all respects with the zoning requirements for the
principal building.
(2)
Detached accessory buildings shall not be located
in a front yard.
(3)
Detached accessory buildings shall comply with the
Schedule of Zoning District Requirements, Exhibit 5-2.[1]
[1]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
B.
Distance from principal building. No detached accessory
building, in any residential zone, shall be less than five feet from
a principal building.
C.
Sequence of construction. No accessory building shall
be constructed before the principal building.
D.
Same lot. Accessory buildings must be located on the
same lot as the principal use to which they are accessory.
E.
Sheds. For sheds the following regulations shall apply:
No more than one shed per lot, and not to exceed 150 square feet,
and not to exceed 12 feet in height.
F.
Driveway/walkway. Within a residential zone district,
an entry driveway or a walkway may cross any yard area except that
no driveway shall be within five feet of a side lot line or a rear
lot line. Within a nonresidential zone district, entry driveways and
walkways may cross any yard area; however, other than crossing yards,
driveways shall adhere to the yard requirements for accessory structures.
Walkways in a nonresidential zone may be located in a yard area but
they shall not encroach into any required buffer.
G.
Pools. The following regulations shall apply to installation
of pools:
(1)
No pool may be installed or altered until a permit
has been issued.
(2)
Pool walls must be kept 10 feet from side and rear
yard lines.
(3)
The pool must be equipped to be completely emptied.
The method of disposal of wastewater (dry well, tapped to sewer line,
etc.) must be approved prior to issuance of any permit.
(4)
All electrical installations must be inspected and
approved pursuant to the National Electrical Code.
(5)
An application must be accompanied by a clear copy
of a property survey showing the exact location of the pool, distances
from all property lines and structures, and location of the filter.
(6)
A properly installed four-foot fence, with self-locking
gates, must be installed around all pools unless, for aboveground
pools, a deck with an approved swing-up and self-locking stair is
provided.
(7)
No pool can be filled until a certificate of use has
been issued.
H.
Porch, deck, patio. A porch, deck, patio, or similar
structure designed to adjoin or as part of the principal building
shall in all cases conform to the yard requirements for the principal
building; except, where the structure has no roof and is constructed
not more than six inches above grade, it shall adhere to the yard
requirements for an accessory structure.
I.
Rooftop decks. The following regulations shall apply to the construction
and commercial use of rooftop decks located on any building or structure
other than detached single-family and two-family residential dwelling
units:
[Added 10-10-2018 by Ord.
No. 12-2018]
(1)
The rooftop deck shall receive site plan approval prior to its construction.
(2)
The rooftop deck shall be surrounded by a safety railing or parapet
with a minimum height of four feet from the deck surface, which shall
be designed and constructed in accordance with all applicable building,
fire, health and safety codes and regulations. The design must also
be such that the use of the rooftop deck area is screened from view
of adjacent properties.
(3)
The number of persons permitted upon the rooftop deck at any given
time shall not exceed that which is permitted by applicable building,
fire, health and safety codes and regulations, which number shall
be prominently posted at each point of access and as may be otherwise
required by the applicable code or regulation.
(4)
The maximum rooftop deck coverage shall not exceed 50% of the total
square footage of the roof area, and such coverage shall be reduced
below 50% if required in order to comply with applicable building,
fire, health and safety codes or regulations.
(5)
The dimensional area occupied by any furnishings, equipment or structures
for rooftop deck use (excluding mechanical, heating, air-conditioning,
HVAC, electrical and other mechanical equipment required by building,
fire, health and safety codes and regulations) shall not exceed 50%
of the total square footage of the roof area.
(6)
All rooftop deck furnishings, equipment and structures (excluding
mechanical, heating, air-conditioning, HVAC, electrical and other
mechanical equipment required by building, fire, health and safety
codes and regulations) shall be set back a minimum of 15 feet from
the roof edge of the side of a building or structure contiguous to
a public street or right-of-way and five feet from the roof edge of
all other sides of a building or structure.
(7)
Any proposed rooftop deck lighting shall be properly shielded so
that the light intensity is 0 footcandles at the property line of
the property on which the rooftop deck is located.
(8)
Rooftop decks may provide for shade or protection from inclement
weather. Such protective devices shall not result in the enclosure
of more than 50% of the sides of the rooftop deck area.
(9)
Use of rooftop decks shall be limited to the hours of 10:00 a.m.
to midnight.
The provisions of this chapter shall not apply
to customary underground essential services as herein defined, except
that all facilities such as pumping stations, repeater stations and
electric substations, which require a building aboveground, or any
other aboveground appurtenance of any type more than 40 feet high,
shall require approval as a conditional use subject to the provisions
of this chapter.
Where two or more lots, created by the filing
of a map pursuant to the Map Filing Law[1] prior to establishment of the Planning Board, have any
contiguous lines and are in single ownership and one or more of the
lots is nonconforming in any aspect, the lots involved shall be considered
to be an undivided parcel for the purposes of this chapter and no
portion of said parcel shall be conveyed or divided except through
the filing of an approved subdivision in accordance with the provisions
of this chapter.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
A.
Height limitations. No structure shall extend higher
than the limit provided in each zone for building height. For the
purposes of calculating this height limitation, the bottommost cellar
of a building shall not be included as a story, provided that the
building otherwise satisfies the building height requirements of this
chapter.
[Amended 4-22-2021 by Ord. No. 07-2021]
B.
The height limitations created hereunder shall not
apply to spires, belfries, cupolas, parapets, walls or cornices not
used for human occupancy and extending not more than five feet above
the building height limit.
C.
The height limitations of this chapter shall apply
to water tanks, chimneys, ventilators, skylights, HVAC equipment,
stair towers, elevator towers, antennae attached to a building and
similar appurtenances usually carried above roof level, except:
(1)
Such features may, subject to the limitations of this
section, exceed the height limitations of this chapter if they do
not exceed, in aggregate coverage, 10% of the roof area.
(2)
In the CBD, HBD, HB, WB Zone Districts, elevator towers
attached to buildings may exceed height limitations by 15 feet; stair
towers, antennae, chimneys, water tanks, ventilators, skylights, HVAC
equipment and other appurtenances may exceed height limitations to
a maximum of 10 feet. These elements and/or other appurtenances are
required to appear on all plans presented to and approved by the Planning
Board.
[Amended 11-10-2004 by Ord. No. 16-2004]
(3)
In the R1, R2, O-R, RTH, MF1, MF2, MR, and SC Zone
Districts, roof appurtenances may exceed height limitations by five
feet.
D.
Freestanding, noncommercial radio and television antennae
and flagpoles may exceed the height limits created hereunder by not
more than 10 feet.
[Amended 11-10-2004 by Ord. No. 16-2004]
E.
Foundation
height. The exposed portion of the foundation of buildings or structures
shall not exceed two feet above the highest preexisting grade or,
in the case of property that has received approval of the Planning
Board pursuant to an application for development, the finished grade
shown on the approved plans. If the structure is in the floodplain,
this subsection shall not apply.
[Added 3-24-2010 by Ord. No. 05-2010]
Whenever a person acquires title to the land
under water adjacent to his property by virtue of a riparian grant
from the State of New Jersey, then the grant area shall automatically
be zoned MC (Marine Conservation) or MR (Marine Recreation) as indicated
on the Zone Map.[1] Any part of a grant not filled, graded or stabilized pursuant
to a valid construction permit shall not be applicable to meeting
the minimum lot area for the governing zone nor shall it be used as
the basis for calculating the permitted usable floor area ratio.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
A.
Solid wastes and recyclables from single- and two-family
homes, if stored outdoors, shall be placed in metal or plastic receptacles
with tight-fitting covers.
B.
Such receptacles shall not be stored or placed within
any front yard area prior to the time at which materials are permitted
to be placed at the curblines for collection. Such receptacles maybe
stored in either rear or side yard areas, but if stored within a side
yard area, they shall be screened from view of adjoining properties
and street areas with planting or fencing.
No nonresidential use shall store materials
of any kind outdoors in any district except in connection with the
construction of a structure to be erected on the premises unless specifically
permitted elsewhere in this chapter.
A.
Construction materials and equipment may be stored
temporarily at the construction site where their use is necessary,
provided that:
(1)
No such material or equipment shall be stored prior
to issuance of the pertinent construction permit.
(2)
All equipment and materials shall be removed from
the site within 30 days after the issuance of a conditional certificate
of occupancy. Such conditional certificate of occupancy shall become
invalid after 30 days unless this provision has been complied with.
No permanent certificate of occupancy shall be issued until this provision
has been complied with.
A.
Except during garage, estate or auction sales conducted
pursuant to a permit issued by the Borough, no goods shall be displayed
for sale in any residential zone district.
B.
Business uses shall not permanently display goods
for sale outdoors except where the goods displayed are the merchandise
of a business included within a structure located on the site and
the display is in accordance with a site plan approved by the Planning
Board.
C.
Temporary sales and outdoor display of goods may be
permitted where the goods displayed are the merchandise of a business
included within a structure located on the site. No business shall
hold more than five such sales per year, nor shall any one sale exceed
one week in duration.
D.
Uses such as flea markets where two or more concessionaires,
proprietors or businesses display goods out-of-doors shall not be
permitted in any zoning district within the Borough, except temporary
sales operated by nonprofit or charitable groups may be permitted
where the goods displayed are on a site which is already developed
as a principal use of the nonprofit group. No nonprofit group shall
hold more than two such sales per year, nor shall any one sale exceed
four days in duration.
E.
Goods for sale, displayed or stored outdoors, in accordance
with an approved site plan, shall not be located closer than 25 feet
to any street right-of-way or 15 feet to any side or rear line, except
in conjunction with temporary sidewalk or other types of outdoor sales.
F.
Temporary sales of Christmas trees may be permitted
beginning the day after Thanksgiving in November through the month
of December in business zones and on developed sites occupied by nonprofit
or charitable groups. Such sales shall be in accordance with a permit
issued by the Zoning Officer. No permit shall be issued unless adequate
off-street stopping space or maneuvering space for vehicles of customers
can be provided and it can be demonstrated that the temporary use
will not interfere with other uses on the site. Each such use shall
be permitted to have one freestanding sign, no larger than 12 square
feet in area, no closer to any property line than 10 feet, and not
exceeding eight feet in height. Such signs shall be temporary and
shall be removed from the property on which the sales are being conducted
no later than December 31.
A.
Within any residential district, no building with
a home professional office or home occupation shall be constructed
or altered so as to be inharmonious to the residential character of
adjacent structures.
B.
The types of construction not considered to be residential
in character include, but are not limited to, storefront type of construction,
garage doors (larger than needed for passenger vehicles or light commercial
vehicles), unfinished concrete blocks or cinder block wall surfaces,
metal panels, elimination of porches and wall surfaces without doors
and/or windows.
C.
Within the O-R (Office Residential) District, nonresidential
building design shall be compatible with the residential character
of the area. Nonresidential reconstructions, expansions, alterations
or new construction shall be compatible with residential architecture
in the district and adjoining areas in terms of roof form; building
height, width and proportion; window and door treatment; and roof
and exterior finish materials.
A.
Boats or parts, section, pieces or appurtenances of
boats shall not be placed or stored on any lot situated in the R1
or R2 Zone, except:
(1)
Not more than one boat, not longer than 26 feet, may
be placed or stored on any lot, except not more than two boats, not
longer than 26 feet, may be placed or stored on residential lots of
at least 25,000 square feet in area, with direct access to navigable
water.
(2)
No boat may be placed or stored in a front yard.
(3)
Any boat placed or stored on a lot must be the property
of the resident owner or resident tenant of the lot.
(4)
Small boats under 18 feet in length such as rowboats,
canoes, kayaks, or dinghies, the propelling force of which is limited
to oars, sails or paddles (not motor driven), may be parked or stored
in the open upon any lot in a residential zone, provided that they
do not exceed in number the number of persons who are members of the
family and who reside in the premises subject, however, to the above
restrictions as to the portions of the lot upon which boats may be
parked or stored.
B.
Boats or parts, sections, pieces or appurtenances of boats may not be placed or stored on any lot situated in the LI, WB, HB, O-R, CBD, SC, HBD, RTH, MF1 or MF2 Zone Districts except in accordance with a site plan approved by the Planning Board or, for lots, occupied by only single-family residential uses, in accordance with the provisions of Subsection A above. Temporary storage of boats in conjunction with the operation of a marina between October 1 and June 15 is permitted in the WB and MR Districts in conjunction with a site plan approved by the Planning Board.
C.
Recreation vehicles or parts, sections, pieces or
appurtenances of recreational vehicles shall not be parked overnight,
stored or placed on any lot situated in a residential zone, except:
(1)
Not more than one recreational vehicle may be parked
overnight, stored or placed on any lot in a residential zone.
(2)
In the R-1, R-2 and R-3 Residential Zones, a recreational
vehicle may be parked overnight, stored or placed only in a rear yard
no closer than 10 feet to any property line.
[Amended 2-26-2003 by Ord. No. 4-2003]
D.
Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles may not be parked overnight, stored or placed on any lot in the O-R, HBD, CBD, LI, MR, RTH, SC, MF1, MF2, WB, or HB Zone Districts except in accordance with a site plan approved by the Planning Board or, for lots occupied by only single-family residential uses, in accordance with Subsection C.
A.
No commercial motor vehicle having a rated maximum
gross vehicle weight (GVW) in excess of 8,000 pounds or having more
than two axles shall be parked or stored overnight on any occupied
property which is primarily used for residential purposes or on any
vacant property in a residentially zoned area, except for vehicles
engaged in construction, parked or stored on an active construction
site.
B.
Not more than one motor vehicle with commercial motor
vehicle registration, having a rated maximum gross vehicle weight
(GVW) of 8,000 pounds or less, shall be parked or stored overnight
on any occupied property which is primarily used for residential purposes
or on any vacant property in a residentially zoned area, except for
vehicles engaged in construction, parked or stored on an active construction
site. This provision shall not apply to passenger automobiles with
commercial motor vehicle registration.
No building, structure or use shall be permitted
within areas defined as wetlands or wetlands transition areas by the
New Jersey Wetlands Act of 1970 or the New Jersey Freshwater Wetlands
Protection Act of 1987,[1] except in accordance with a permit issued under the Act.
[1]
Editor's Note: See N.J.S.A. 13:19A-1 et seq.
A.
Regulations: nonresidential zones.
(1)
In nonresidential zones, antenna shall be permitted
as an accessory structure to a permitted principal use on the same
lot.
(2)
Any antenna mounted on the ground or on a structure
not attached to a building shall adhere to the following design standards:
(a)
Maximum height shall not exceed seven feet above
the highest point of the principal building on the site.
(b)
The antenna shall be designed in such a manner
that it not present any overturning movement to dislodge said antenna
from its mounting.
(c)
The antenna mounting and structure configuration
shall be designed and certified for safety purposes by a New Jersey
licensed professional engineer.
(d)
The antenna shall be located within the rear
yard area and shall adhere to the setback or buffer requirements applicable
to accessory structures.
(3)
Antenna mounted on or attached to a building shall
be required to meet the following design standards:
(a)
Maximum height shall not exceed seven feet above
the highest point of the building.
(b)
The antenna shall be designed in such a manner
that it not present any overturning movement to dislodge the antenna
from its mounting.
(c)
The antenna mounting and structural configuration
shall be designed and certified for safety by a New Jersey licensed
professional engineer.
B.
Regulations: Residential Zone District.
(1)
Permitted districts: antennas shall be permitted in
a residential district as an accessory structure to a principal residential
building on the same lot, subject to the provisions of this subsection.
(2)
Application. Any person desiring to construct and
operate an antenna shall, prior to such construction and operation,
apply for a development permit which application shall include the
following:
(a)
The proposed antenna, proposed plantings and
fencing or other barriers to provide protection and screening.
(b)
The height of the proposed antenna to its highest
point including support structure.
(c)
One set of construction drawings sealed and
approved by a New Jersey licensed professional engineer.
(d)
The name and address of the applicant and owner
of the property on which the earth terminal is to be located.
(e)
The tax lot and block numbers and the property
lines of the property as disclosed on the Borough Tax Map.
(f)
All existing buildings and structures and all
accessory buildings and structures on the property.
(g)
The tax lot and block numbers and the property
lines of all properties as disclosed on the Borough Tax Map within
200 feet from the property.
(3)
Design standards. All antennas shall fully comply
with the following standards:
(a)
An antenna shall not be closer to any property
line than the height of the antenna and may not be located in a buffer
area.
(b)
The antenna shall adhere to the setback requirements
applicable to accessory structures within the particular district
as set forth in this chapter.
(c)
The antenna shall be mounted to a supporting
structure in a manner to prevent its movement or dislocation due to
wind, ice or other environmental event.
(d)
The height of the antenna to its highest point
and supporting structure shall not be more than seven feet above the
principal building on the site.
(e)
All wiring or connecting cables between the
antenna and the principal building shall be buried underground with
grounding and bonding.
(f)
An antenna shall be located as to be effectively
screened or obscured from view by natural plants, trees or other suitable
sight barriers, which shall be maintained in good condition, in order
to minimize visibility from any adjacent property or public street.
(g)
Only one antenna structure shall be permitted
on the applicant's property.
(h)
An antenna shall only be used by the principal
building on the applicant's property. Any connection, by cable or
otherwise, to adjacent properties shall constitute a violation of
yard and setback requirements.
A.
Compliance a condition of approval. As a condition
of approval and the continuance of any use, occupancy of any structure,
and operation of any process or equipment, the applicant shall supply
evidence, satisfactory to the Planning Board, or to its designated
representative, that the proposed use, structure, process, or equipment
will conform fully with all of the applicable performance standards.
(1)
As evidence of compliance, the Planning Board may
require certification of tests by appropriate government agencies
or by recognized testing laboratories, any costs thereof to be borne
by the applicant.
(2)
The Planning Board may require that specific types
of equipment, machinery, or devices be installed, or that specific
operating procedures or methods be followed, if the government agencies
or testing laboratories examining the proposed operation shall determine
that the use of such specific types of machinery, equipment, devices,
procedures or methods are required in order to assure compliance with
the applicable performance standards.
(3)
Permits and certificates required by other government
agencies shall be submitted to the Planning Board as proof of compliance
with applicable codes.
(4)
If appropriate permits, tests and certifications are
not or cannot be provided by the applicant, then the Planning Board
or Administrative Officer (Zoning Officer) may require that instruments
and/or other devices, or professional reports or laboratory analysis
be used to determine compliance with the following performance standards
for an existing or proposed use and the cost thereof shall be borne
by the owner, applicant, or specific use in question.
(5)
Conditional permit.
(a)
In the event a determination cannot be made
at the time of application that a proposed use, process or piece of
equipment will meet the standards established in this section, the
Planning Board may issue or may recommend issuance of a conditional
permit. The conditional permit would be based on submission of evidence
that the proposed use, process or equipment will meet the standards
established herein after completion or installation and operation.
(b)
Within 30 days after a conditional permit is
granted, a certificate of occupancy shall be applied for and satisfactory
evidence shall be submitted that all standards established by this
section have been met.
B.
Applicability and enforcement.
(1)
Applicability.
(a)
Prior to construction and operation. Any application
for development or building permit for a use which shall be subject
to performance standards shall be accompanied by submissions, attachments,
certifications as required by this section, and a sworn statement
filed by the owner of the subject property or the operator of the
proposed use that said use will be operated in accordance with the
performance standards set forth herein.
(b)
For existing structures. Any existing structure
or use which is after the effective date of these regulations, allowed
to deteriorate or is modified so as to reduce its compliance with
these standards will be deemed to be in noncompliance and to constitute
a violation.
(2)
Continued compliance. Continued compliance with performance
standards is required and shall be enforced by the Construction Official
or Administrative Officer (Zoning Officer).
(3)
Termination of violation. All violation shall be terminated
within 30 days of notice or shall be deemed a separate violation for
each day following and subject to fines as set forth herein.
(4)
Violation inspection. Whenever, in the opinion of
the Construction Official or Administrative Officer (Zoning Officer),
there is a reasonable probability that any use or occupancy violates
the regulations of this article, they are hereby empowered to employ
a qualified technician or technicians to perform investigations, measurements
and analyses to determine whether or not the regulations of this section
are being violated. In the event that a violation is found to exist,
the violator shall be liable for the reasonable fees of the technicians
employed to perform such investigations, measurements, and analyses.
C.
Noise.
(1)
Noise regulations.
(a)
The definitions contained in the Noise Control
Regulations of the New Jersey Department of Environmental Protection.
(N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without
being set forth in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit,
nor shall any application for development be approved which produces
sound in excess of the standards listed below when measured at any
location outside of the lot on which the use or source of sound is
located:
[1]
Continuous airborne sound which has a sound
level in excess of 50 dBA; or
[2]
Continuous airborne sound which has an octave
band sound pressure level in decibels which exceeds the values listed
below in one or more octave bands; or
|
Octave Band Center Frequency
(Hz) 31.5
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
63
|
86
| |
|
125
|
71
| |
|
250
|
61
| |
|
500
|
53
| |
|
1,000
|
48
| |
|
2,000
|
45
| |
|
4,000
|
42
| |
|
8,000
|
40
|
[3]
Impulsive sound in air which has an impulsive
sound level in excess of 80 decibels.
[4]
The provisions of this section shall not apply
to:
[a]
Agriculture.
[b]
Bells, chimes or carillons while
being used in conjunction with religious services.
[c]
Commercial motor vehicle operations.
[d]
Emergency energy release devices.
[e]
Emergency work to provide electricity,
water, or other public utilities when public health or safety are
involved.
[f]
National Warning System (NAWAS)
signals or devices used to warn the community of attack or imminent
public danger, such as flooding or explosion. These systems are controlled
by the New Jersey Civil Defense and Disaster Control Agency.
[g]
Noise of aircraft flight operations.
[h]
Public celebrations.
[i]
Public roadways.
[j]
Stationary emergency signaling
devices.
[k]
The unamplified human voice.
D.
Air pollution. No substance shall be emitted into
the atmosphere in quantities, which are injurious to human, plant
or animal life or to property, or which will interfere unreasonably
with the comfortable enjoyment of life and property anywhere in the
municipality. All provisions of the New Jersey Air Pollution Control
Code, as amended and as augmented, and all the following provisions
stated, whichever shall be more stringent, shall be complied with.
(1)
Smoke. In any zone, no smoke, the shade or appearance
of which is darker than No. 1 of the Ringelmann Smoke Chart, shall
be emitted into the open air from any incinerator or fuel-burning
equipment; provided, however, that smoke emitted during the cleaning
of a fire box or the building of a new fire, the shade or appearance
of which is no darker than No. 2 of the Ringelmann Smoke Chart, may
be permitted for a period or periods aggregating no more than three
minutes in any 30 consecutive minutes.
(2)
Solid particles.
(a)
In any residential zone, no discharge of solid
particles through a stack, duct or vent shall be permitted that is
greater than 50% of the allowable emission in pounds per hour established
by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(b)
In any other zone, except industrial zones,
the allowable discharge shall be 75% of the allowable emission permitted
by the New Jersey Air Pollution Control Code.
(c)
In the industrial zone, the allowable discharge
shall be the allowable emission permitted by the New Jersey Air Pollution
Control Code.
(d)
No open burning shall be permitted in any zone.
(e)
All incinerators shall be approved by the State
Department of Environmental Protection.
(f)
Any road, parking area, driveway, truck loading
or unloading station, or any other exterior area having a substantial
movement of vehicles or equipment shall be paved or otherwise stabilized
during construction sufficient to prevent the generation of dust from
the movement of such vehicles or equipment.
(3)
Odors. In any zone, no odorous material may be emitted
into the atmosphere in quantities sufficient to be detected without
instruments. Any process, which may involve the creation or emission
of any odors, shall be provided with a secondary safeguard system,
so that control will be maintained. Table 1 (Odor Thresholds in Air)
in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research
on Chemical Odors, copyrighted October, 1968, by the Manufacturing
Chemists Association, Inc., Washington, D.C., shall be used as a guide
in determining quantities of offensive odors.
E.
Liquid waste. No liquid waste shall be discharged
into any watercourse, storm drain or sewage collection and disposal
system, nor into any ground sump, any well or percolation area, except
in accordance with plans approved by the Municipal Engineer, and where
required by the New Jersey Department of Environmental Protection.
F.
Industrial waste. No industrial waste shall be discharged
into the public sewage collection and disposal system unless the appropriate
officials of the sewer utility shall have first investigated the character
and volume of such waste and shall have certified that it will accept
the discharge of the waste material into the system. The applicant
shall comply with any requirements of the utility, including the pretreating
of such wastes, control of pH and other methods of improving such
waste prior to discharge, as a condition to acceptance by the utility.
G.
Solid waste. All uses in the municipality shall:
(1)
Assume full responsibility for adequate and regular
collection and removal of all refuse, except if the municipality assumes
the responsibility.
(2)
Comply with all applicable provisions of the Air Pollution
Control Code.
(3)
Comply with all provisions of the State Sanitary Code,
Chapter 8, Refuse Disposal, Public Health Council of the State Department
of Environmental Protection.
(4)
Permit no accumulation on the property of any solid
waste, junk, or other objectionable materials.
(5)
Not engage in any sanitary landfill operation on the
property, except as may be permitted by other municipal codes and
ordinances.
H.
Radiation. All use of materials, equipment or facilities,
which are or may be sources of radiation, shall comply with all controls,
standards and requirements of the U.S. Atomic Energy Act of 1965,
as amended, and any codes, rules or regulations promulgated under
such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A.
26.2D et seq., as amended, whichever is more stringent.
I.
Fire and explosion hazards. All activities shall be
carried on only in buildings classified as fireproof by the building
code of the municipality,[2] and as determined by the Fire Department. The operation
shall be conducted in such a manner and with such precautions against
fire and explosion hazards as to produce no explosion hazard as determined
by the New Jersey Inspection Bureau of Fire Prevention to a use on
an adjacent property and must conform to the rules and regulations
of the most recent adopted edition of the Fire Prevention Code of
the National Board of Fire Underwriters and the Fire Department.
J.
Vibration. There shall be no vibration which shall
be discernible to the human sense of feeling beyond the boundaries
of the lot on which the source is located. At no point on or beyond
the boundary of any lot shall the maximum ground-transmitted steady-state
or impact vibration caused by any use or activity (except those not
directly under the control of the property user) exceed a particle
velocity of 0.10 inch per second for impact vibrations. Particle velocity
is to be determined by the formula PV = 6.28 FxD, where PV is the
particle velocity, inches-per-second; F is the vibration frequency,
cycles-per-second; D is the maximum single amplitude displacement
of the vibration in inches. For the purpose of measuring vibrations,
a three-component measuring system shall be used. For the purpose
of this chapter, steady-state vibrations are vibrations which are
continuous, or vibrations in discrete impulses more frequent than
100 per minute. Discrete impulses which do not exceed 100 per minute
shall be considered impact vibrations.
K.
Electromagnetic interference. There shall be no electromagnetic
interference that:
L.
Heat. Every use and activity shall be so operated
that it does not raise the ambient temperature more than 2° C.
at or beyond the boundary of any lot line.
N.
Glare. There shall be no direct or sky-reflected glare
exceeding 1 1/2 footcandles measured at the boundaries of the lot
on which the source is located. This regulation shall not apply to
lights which are used solely for the illumination of entrances or
exits or driveways leading to a parking lot. Any operation or activity
producing intense glare shall be conducted so that direct and indirect
illumination from the source of light shall not cause illumination
in excess of 0.1 footcandle in residential districts.
O.
Lighting and illumination. Artificial lighting or
illumination provided on any property or by any use shall adhere to
the following standards:
(1)
The illumination provided by artificial lighting on
the property shall not exceed 0.5 footcandle beyond any property line.
(2)
Spotlights or other types of artificial lighting,
that provides a concentrated beam of light, shall be so directed that
the beam of light does not extend beyond any property lines.
(3)
Spotlights or other types of artificial lighting used
to illuminate signs or building faces shall not emit beams of light
that extend beyond the vertical plane of the sign or building face
that they illuminate and shall not be located in such a manner as
to cause the beams of light to be reflected upon any adjoining property,
public street or vehicular circulation area.
[Amended 9-13-2006 by Ord. No. 15-2006]
It is the intent of this section to assure that
the public health, safety, and welfare is not impaired by the neglected
maintenance of the buildings and property. It is further intended
to assure that site improvements required by a Planning Board are
properly maintained and operable. It shall be the Code Enforcement
Officer's responsibility to enforce this section where property conditions
pose a hazard to the public or where a property owner fails to maintain
a required site improvement. It shall be the responsibility of every
property owner, tenant, developer and applicant to maintain in a safe
and orderly condition all buildings and land in the municipality which
they own, use, occupy or have maintenance responsibility for in accordance
with the following regulations.
A.
Maintenance of all land uses within the municipality
shall include, but is not limited to, the following:
(1)
Potholes and other pavement failures within paved
parking areas shall be repaired on a regular basis, but in no event
shall potholes or pavement failures be left unrepaired for a period
in excess of 30 days. If such potholes or pavement failures are hazardous
to vehicles, they shall be appropriately barricaded and marked to
warn motorists.
(2)
Paint striping, traffic control signs and markings,
and all other signs and graphics shall be maintained in a condition
whereby they can be clearly seen and are legible.
(3)
Curbing, other pavement edging and sidewalks shall
be maintained free of cracks and holes which would present a hazard
to pedestrians.
(4)
Unpaved or gravel parking and pedestrian areas shall
be maintained and regularly regraded in a manner which will keep the
area free of holes and other severe grade changes which would be hazardous
to vehicular and pedestrian usage.
(5)
All areas of the site shall be kept free of debris
and other materials. All users of shopping carts or similar items
shall provide for the regular pickup of such shopping carts or similar
items from parking areas and other portions of the site at least once
every hour during their business hours. All shopping carts or similar
items shall either be stored indoors or in a location adjacent to
the building specifically set aside for such storage during nonbusiness
hours.
(6)
All plantings and ground cover shall be regularly
watered and cut. All dead plant materials shall be removed or replaced
(if such plantings are required under this article, they shall be
replaced only). All lawn or other nonpaved areas shall be kept trimmed
and free from weeds and other noxious growth.
(7)
Building finishes shall be maintained reasonably free
of peeling or cracked paint, rust or other unsightly conditions.
(8)
All refuse stored outdoors shall be kept within containers
having lids, in a manner that the refuse is not visible to pedestrians
or persons within vehicles on or off the site. Such containers shall
be stored only within side or rear yard areas and shall not be located
to interfere with vehicular or pedestrian circulation.
(9)
Appropriate areas shall be provided for the storage
of recyclable materials. These areas shall be expanded or modified
as necessary to meet the requirements of any change in occupancy.
Such areas shall be within the structure or in side or rear yards
and shall be properly screened. Provisions shall be made to store
paper, cardboard and similar items out of the weather. Such areas
shall be maintained in a clean, orderly and neat condition.
(10)
All outdoor lighting shall be maintained in
a working condition.
B.
All land uses for which development (site plan or
subdivision) approval is granted subsequent to the adoption of these
regulations or for which site plan or subdivision approval was previously
granted under regulations heretofore in effect shall be required to
maintain all structures and improvements shown on the approved site
plan or subdivision plan in a safe and orderly condition. In addition
to the maintenance responsibilities specified above, additional maintenance
responsibilities shall include, but are not limited to, the following:
(1)
All ground cover and plantings within screening and
landscaping areas shown on an approved site plan or subdivision shall
be regularly maintained. When plant material shown on an approved
site plan or subdivision dies, it shall be replaced within the first
30 days of the next planting season.
(2)
Where a site plan specifies an outdoor refuse storage
area, refuse shall only be stored outdoors in such areas. Refuse containers
located elsewhere on the site shall not be permitted.
C.
Failure of the responsible property owner, tenant,
developer and/or applicant to maintain property in accordance with
the provisions of this section shall be a violation of this chapter
and subject to the penalties prescribed in this chapter.
All signs shall conform to the provisions of
this section and to the applicable requirements of the New Jersey
Uniform Construction Code.[1]
A.
Permit required. It shall be unlawful for any person
to erect, alter or relocate within the Borough of Atlantic Highlands
any nonexempt sign as set forth and defined in this article, without
first making application to the Construction Official, paying the
appropriate fee, and obtaining a permit from the Code Enforcement
Officer and the Construction Official.
B.
Exemptions. The following types of signs and advertising
shall be exempt:
(1)
Theater bills and changeable copy signs. The changing
of bills of acts and features of theaters on established frames at
theaters, and changing the copy of any authorized changeable copy
sign, which bill or copy does not conflict with these regulations.
(2)
Signs within a building. A sign located within a building,
not attached directly to or painted on a window.
(3)
Signs on windows. No permit shall be required for
signs upon the interior of a show window or upon the interior of any
window within the commercial zones, which signs advertise only the
name of the occupant of the building, office or store, as the case
may be, the business conducted or products sold therein, and does
not cover more than 30% of the area of such window.
(4)
Show cards. Show cards not to exceed 28 inches by
22 inches advertising a public activity may be placed or displayed
in show windows of occupied business establishments for a period of
30 days before, and seven days after, such public activity.
(5)
Real estate signs. One real estate sign per lot not
exceeding nine square feet in area.
(6)
Vacated property. One sign not exceeding six square
feet in area, giving the name, business and new address of the former
occupant, may be displayed for not more than 60 days.
(7)
Church bulletins not exceeding 20 square feet in area.
(8)
Banners, streamers and flags advertising openings
and sale days, provided that such devices shall not be displayed on
any one property for more than 30 days in any calendar year.
(9)
Political signs. Signs concerning a matter of public
interest, provided the total area of signs on any one lot does not
exceed 32 square feet in area. Political signs regarding an election
shall be removed within seven days after the election. This section
shall be interpreted in accordance with State v. Miller, 162 N.J.
Superior 333, affirmed 83 N.J. 402.
(10)
All lettering or graphics on any canopy or awning
which does not exceed six inches in height shall be exempt. The area
of such lettering or graphics must be 10% or less of the total square
footage of the awning or canopy.
C.
Application fee and required information. Application for permits shall be on a prescribed form of the Borough and shall be accompanied by a fee as provided in Chapter 168, Article II. The applicant will prepay the fees of the Municipal Engineer if the Zoning Officer determines that engineering review of the proposed sign is required.[2]
D.
Inspection of premises; issuance of permit; nullification.
(1)
The Construction Official, upon receipt of an application
and required fees, shall contact the Zoning Officer who will examine
the premises upon which it is proposed to erect the sign and determine
if the proposed sign is in compliance with all the requirements of
this article and all other ordinances of the Borough of Atlantic Highlands.
(2)
Upon review by the Zoning Officer and the payment
of any applicable additional fees, a permit or denial shall be issued
by the Zoning Officer and Construction Official within 10 business
days. If the work authorized under the permit has not been completed
within four months after the date of the issuance, the permit shall
become null and void.
E.
Construction and design of signs.
(2)
No signs, illustrations or symbols shall be placed
so as to interfere with the opening of an exit door of any building
or to obstruct any window opening of a room in a dwelling or to interfere
with the use of any fire escape or to create a hazard to pedestrians.
(3)
No more than four colors shall be used for any signs,
(Black and white are "colors" for purposes of this article.) If more
colors are needed, then a color rendering of the sign must be submitted
and approved by the Borough Zoning Officer and/or a Borough appeal
board (e.g., Planning Board).
F.
Lighting.
(1)
No illustrated sign shall be of such a color or located
in such a fashion as to diminish or detract in any way from the effectiveness
of any traffic signal or similar official safety or warning device.
(2)
No illuminated signs shall flash or rotate.
(3)
Exposed sources of illumination shall be prohibited.
G.
Roof signs. Roof signs are prohibited, except such
directional devices as may be required by federal authorities.
H.
Sign regulations for noncommercial zones. It shall
be unlawful to erect or alter any sign in any noncommercial zone except
as follows:
(1)
One sign on the property to be sold or rented, which
shall be of the ground type as defined in these regulations, not to
exceed nine square feet in area.
(2)
One sign advertising a permitted use or indicating
the home or office of a professional is permitted, provided that such
sign shall not exceed four square feet on any one face.
(3)
Nameplate signs identifying the occupant and street
number of the building but not designating a profession, trade or
business of any kind or character, provided that such sign not exceed
two square feet.
(4)
One ground nonflashing sign advertising a permitted
use or indicating the home or office of a recognized profession, provided
such sign shall not exceed six square feet.
(5)
One freestanding nonflashing directional sign may
be erected indicating direction at each driveway which provides a
means of entrance or exit for the off-street parking facilities on
the premises.
(6)
For each school, hotel, medical facility, philanthropic
institution, nonprofit organization or church, the total area of such
freestanding sign or signs shall not exceed 20 square feet. A sign
not exceeding 20 square feet in area may be placed on the public parking
area or entrance driveway. Such signs may be supported on posts or
on columns where permits have been secured for such posts or columns
but shall not be so placed as to extend over any walkway or roadway.
Such signs shall be in addition to the total sign area permitted above.
(7)
For apartment houses, signs shall be limited to the
name and house number of the building. Such signs shall only be permitted
when facing the street or streets upon which entrances to the building
are located and shall not exceed 12 square feet for each such building
up to 40 feet frontage on the street, increasing one square foot for
each full five feet of building frontage in excess of forty-foot-width
of frontage on the street, but not to exceed 20 square feet for each
such building frontage and set back 10 feet from the property line.
I.
Sign regulations for commercial zones. It shall be
unlawful to erect or alter any sign in any commercial zone except
as follows:
[Amended 9-7-1994 by Ord. No. 54-94]
(1)
One wall nonflashing sign per established business
expressly related to the business conducted on the premises for each
street frontage not exceeding a total of 10% of the building face,
including the window area, but not to exceed five feet in height,
advertising only the business carried on and/or the services and products
made or sold on the premises. In determining the size of the sign,
the area between the letters shall be included.
(2)
No wall sign shall project higher than the highest
point of the parapet of the facade of the building to which it is
affixed and shall not project over 12 inches from the face of the
building nor beyond the property line bounding the property upon which
it is erected.
(3)
One ground nonflashing sign per established business,
expressly related to the business conducted on the premises for each
street frontage not exceeding a total of 18 square feet and not more
than 10 feet in height and set back 10 feet from the property line.
(4)
Side or rear wall sign. There can be no more than
one sign per side or rear wall on a single building. The sign shall
be no more than 12 square feet in area, including borders.
(5)
Any existing billboard and poster panel may be maintained
in its existing location, but any billboard or poster panel which
is hereinafter razed, demolished or obliterated shall not be replaced
in any form.
(6)
One freestanding nonflashing directional sign may
be erected indicating direction at each driveway which provides a
means of entrance or exit for the off-street parking facilities on
the premises.
(7)
Projecting signs of no more than 12 square feet including
borders, except signs containing self-contained light boxes can be
no more than six square feet. They may not project farther than six
feet from the face of the building. No part of the sign should be
lower than 10 feet or higher than 18 feet above the sidewalk.
(8)
One fence sign per business and shall be no more than
eight square feet in area.
(9)
Directional signs, not to exceed five feet in height
and two square feet in area. All directional signs shall in no way
interfere with the safety of pedestrian or other traffic.
(10)
Signs advertising matters of public or charitable
character, for a period not to exceed 30 days.
J.
Removal of signs after cessation of business. Any
sign now or hereafter existing which no longer advertises a bona fide
business conducted or a product sold shall be taken down within 30
days after the cessation of such business.
K.
Nonconforming signs. Any signs now existing which
would be in violation under the provisions of this article may be
continued on such building, structure, lot or land so occupied, but
may not be enlarged. The failure to keep a nonconforming sign painted
or in good repair for a period of one year shall constitute abandonment
and such sign may not be revised and must be removed.
L.
Electrically operated signs. A sign shall not be illuminated
by other than electrical means, devices, and wiring in accordance
with the requirements of the National Fire Protection Association.
M.
Inspection and maintenance. It shall be the duty of
the Zoning Officer to inspect each sign for which a permit is required
upon the completion of its installation and to make inspections of
all signs from time to time as may be required by this article.
(1)
It shall be the duty of the owner or lessee to maintain
the sign in good repair, and painted. Failure to do so, following
30 calendar days' notification by the Zoning Officer, shall constitute
abandonment and shall be removed.
(2)
In the event that any sign is found to be in a dangerous
structural condition on account of loose fittings or similar defects,
the Zoning Officer shall notify the owner thereof in writing and advise
in what manner the owner shall make the same safe and secure. In case
the owner does not comply with the requirements of the Zoning Officer
within seven calendar days from receipt of said notice, the same may
be removed by the Borough, in which case the owner of the sign and
the owner of the building shall be jointly and separately liable to
the Borough for the cost of removal and the owner shall be liable
for a penalty as hereinafter provided in this article.
(3)
In the event any sign is found to be in nonconformance
with this article, the Zoning Officer shall notify the owner of said
sign and the owner of the property on which it is erected of such
violation and the owner shall, within 30 calendar days, correct such
nonconformance. In case the owner thereof does not comply with the
order of the Zoning Officer within 30 calendar days, such signs shall
be removed by the Borough, in which case the owner of the sign and
the owner of the building on which it is erected shall be jointly
and separately liable to the Borough for the cost of the removal and
the owners shall be liable to a penalty as hereinafter provided.
N.
Certain signs prohibited. The following types of signs
are specifically prohibited:
(1)
Pylon signs supported by pyramidal towers supports.
(3)
Marquee signs except as specified in Subsection B(1) hereof.
[Amended 9-7-1994 by Ord. No. 54-94]
(4)
Banners, streamers, advertising flags and twirlers except as specified in Subsection B(8).
[Amended 9-7-1994 by Ord. No. 54-94]
(5)
Signs or posters on poles, posts, trees, sidewalks
or curbs in any fashion.
(6)
Signs producing glare to the extent that they unnecessarily
or unreasonably interfere with pedestrian or vehicular traffic or
which are detrimental to the welfare of persons in their places of
abode.
(7)
Signs standing, painted or installed on sidewalks.
(8)
Exterior moving signs of every nature.
(9)
Outdoor neon signs in which the neon tube is directly
exposed to view.
(10)
Vinyl, cloth or similar signs.
O.
Liability insurance. Every person responsible for
a sign placed over public property shall obtain and maintain liability
insurance coverage which shall protect and hold the Borough harmless
from any and all claims or demands for damages resulting from the
collapse, failure, or combustion of the sign or parts thereof.
A.
Fences and walls hereafter erected, altered or reconstructed
in any zone shall not exceed six feet in height, except as follows:
[Amended 10-13-1999 by Ord. No. 6-99][1]
(1)
Walls and fences which are not open fences as defined
in these regulations, located in a front yard or within 50 feet of
any natural body of water, shall not exceed 48 inches in height.
(2)
In any business zone, fences not exceeding eight feet
in height may be erected in the rear or side yard areas and behind
the building setback line in accordance with a site plan approved
by the Planning Board.
(3)
On park, recreation or school properties, open-wire
fences not exceeding eight feet in height may be erected in the rear
or side yard areas and behind the building setback line.
(4)
Fences specifically required or approved by the Planning
Board or required by other provisions of these regulations or other
municipal and state regulations.
B.
All fences must be erected within the property lines,
and no fence shall be erected so as to encroach upon a public right-of-way.
C.
Barbed wire, razor wire, canvas or cloth fence and
fencing construction are prohibited in all zones.
D.
All supporting members of a fence shall be located
on the inside of the fence, and if erected along or adjacent to a
property line, the supporting members of the fence shall face the
principal portion of the tract of land of the property upon which
the fence is erected.
E.
Tennis court fences, baseball and softball backstops
and spectator protective fencing are exempt from the requirements
of this section, provided they are not located within any required
yard area. Located outside of any required yard area, they are subject
to the height limitations of the particular zone district.
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.
No hedges or screen plantings over three feet in height
shall be permitted within 50 feet of any waterway; however, this section
shall not be construed to prohibit the planting of shade or ornamental
trees either individually or in small groupings.
A.
Concrete sidewalks and curb ramps shall be four inches
thick, except across the width of proposed driveways where the concrete
sidewalk shall be constructed six inches thick, with No. 6 wire mesh
welded six by six. Sidewalk repair and upkeep is the responsibility
of the owner.
B.
Concrete shall have a strength of 4,500 psi at 28
days air entrained conforming to ASTM A-497.
C.
Joint sealer shall be installed every 16 feet with
dummy joints every four feet.
D.
All sidewalks in the Borough of Atlantic Highlands
shall be relaid, repaved and kept in repair at the cost and expense
of the owner or owners of lands in front of which the same shall be
located.
[Amended 9-7-1994 by Ord. No. 54-94]
A.
On any lot in any R-1, R-2 or R-3 Zone and on any
residential lot in the O-R Zone, private garage space may be provided
for one motor vehicle for each 5,000 square feet of lot area, except
that not more than four motor vehicles may be garaged. The width of
each space shall not exceed 12 feet and 22 feet in length, and height
not to exceed 16 feet.
[Amended 9-7-1994 by Ord. No. 54-94; 2-26-2003 by Ord. No. 4-2003]
B.
No part of any detached garage structure shall be
used for residential purposes.
[Amended 11-25-1998 by Ord. No. 17-98]
C.
An attached garage may be converted for use for residential
purposes if the same number of off-street parking spaces 12 feet by
22 feet are available and delineated on the property for each garage
space so converted.
[Amended 11-25-1998 by Ord. No. 17-98]
D.
For any permitted nonresidential principal use, a
private accessory garage shall only be permitted as provided for by
a site plan approved by the Planning Board.
E.
Except as provided by § 150-64, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone; provided, however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.
No fill in excess of 10 cubic yards shall be
placed on any property within the Borough of Atlantic Highlands, nor
shall any soil be removed from any property within the Borough of
Atlantic Highlands, without the prior approval of the Borough. Approval
of a site plan or subdivision showing such filling or removal or approval
of grading plan by the Construction Official and/or the Planning Board
or Borough Engineer shall constitute such prior approval of the Borough.
No lighting of tennis courts or paddle tennis
courts shall be permitted in any residential zone district.
Prior to the moving and relocation of any building
from the existing foundation to a site within the Borough of Atlantic
Highlands, the foundation at the proposed site shall have been completed.
Work to secure the relocated building on the new foundation shall
be pursued immediately and the building shall not be placed in any
temporary location except during the twenty-four-hour period when
the work of moving is done.
Outdoor repair activities involving boats, vehicles, trailers and other mechanical equipment may not be undertaken in a nonresidential district on any property district used only for residential purposes or on any property in a residential district, except under the following restrictions: observance of the restrictions of § 150-31B(18); no more than one item may be under repair at any time and repairs may not be performed on an aggregate total of more than 30 days in any year. Such outdoor repair activities may not be undertaken on any property in a nonresidential district not used only for residential purposes except in accordance with specific site plan approval by the Planning Board.
No lot shall have erected upon it more than
one principal residential building, except in the case of multifamily
dwelling projects as permitted by this chapter.
A.
Areas covered. The areas of Atlantic Highlands covered
by this section (referred to hereafter as "slope area") are Blocks
1 through 6, inclusive, Lots 1, 2, 3, 4, 5 in Block 7, Blocks 8 through
28, inclusive, Blocks 53, 54, 55, 56, 57, 58, 59, 60, 70, 71, 72,
73, 74, 75, 76, and 77, as described on the Tax Assessment Map of
Atlantic Highlands, dated 1968 and amended 1988. Said blocks and lots
contain or adjoin slopes of 15% or greater as identified in the Atlantic
Highlands Master Plan, and/or are identified as containing or adjoining
slump block areas in the United States Geological Survey Professional
Paper 898, dated 1974.
B.
Permit requirement exceptions. A slope area permit
is required for any work or disturbance affecting a slope area, except
when the area of the proposed work or disturbance:
(1)
Contains no slopes greater than 10%, nor any slope
greater than 15% within 100 feet, and the work or disturbance is:
(a)
Soil disturbance of five cubic yards or less;
(b)
Change in impervious ground cover of 200 square
feet or less;
(c)
Removal of five trees or less, having a circumference
of up to 20 inches each, measured at four feet above the ground;
(d)
Removal or disturbance of vegetation covering
200 square feet or less.
(2)
Contains no slopes greater than 15%, nor any slope
greater than 20% within 100 feet; and the work or disturbance is:
(a)
Soil disturbance of three cubic yards or less;
(b)
Change in impervious ground cover of 100 square
feet or less;
(c)
Removal of three trees or less, having a circumference
of up to 20 inches each, measured at four feet above the ground;
(d)
Removal or disturbance of vegetation covering
100 square feet or less.
(3)
Contains slopes greater than 15% and the work or disturbance
is:
(4)
Inspection for tree trimming.
(a)
In slope areas of greater than 15%, no normal tree toping to provide a view, protecting adjacent structures or the removal of dead or unhealthy trees shall take place prior to an inspection and a determination as to how much of the tree may be trimmed or what trees may be removed. Such determination shall be the responsibility of the person the Mayor and Council shall designate. The fee for such inspection shall be as provided in Chapter 168, Article II.[1]
(b)
Where site plan or subdivision approval is also required, the slope area permit review will be performed along with that approval process, and the applicant will submit copies of all required information to the Planning or Zoning Board as applicable. Although neither Board can grant or deny a slope area permit (except for an appeal under Subsection J) each Board shall consider all plans submitted under this section in any application for site plan or subdivision approval affecting a slope area.
(5)
Additions to a single-family residence shall be exempt
from the lot coverage, impervious coverage and lot disturbance provisions
of this section if the following conditions exist:
[Added 9-25-1996 by Ord. No. 14-96]
(a)
That the size of any one-story addition, deck,
patio or excavation is less than 200 square feet. Soil logs and testing
for future subsurface disposal systems shall not be exempted.
(b)
That no slope greater than 10% exists within
20 feet of the area to be disturbed.
(c)
The applicant provides plans or a written statement
describing soil erosion and stabilization measures which will be used
as part of construction.
(d)
A final inspection fee of the equivalent of
one hour of the Borough Engineer's time is posted prior to the issuance
of the permit.
C.
Application for permit. An application for a slope
area permit shall be made to the Atlantic Highlands Construction Official.
The application shall include at least:
(1)
Property description by Tax Map block and lot, and
by street address if available.
(2)
Sketch of location of proposed work or disturbance.
An informal sketch may be acceptable.
(3)
Statement of proposed work or disturbance.
(4)
Any other additional information as is reasonably necessary to make an informed decision, including, but not limited to, the items listed below and in Subsection F:
(5)
Where site plan or subdivision approval is required,
the following exhibits shall also be submitted:
(a)
Topographic map showing existing contours at
two-foot intervals.
(b)
Areas clearly identified showing the following,
as measured between ten-foot contour lines: Area 1, 30% or greater;
Area 2, 20% but less than 30%; Area 3, 15% but less than 20%; Area
4, less than 15%.
(c)
Calculation, in square footage and acres, of
amount of area in the various slope categories listed above.
(d)
Extent and erosion potential of exposed soils.
(e)
Length, steepness and surface roughness of exposed
slopes.
(f)
Resistance of soil to compaction and stability
of soil aggregates.
(g)
High water table, water infiltration capacity
and capacity of soil profile.
(h)
Chemical, physical and biological nature of
subsurface soils.
(i)
Type and location of construction activity,
including the amount of site grading, and depth of such grading.
(j)
The time period of exposure of erodible soils
during construction.
(k)
The area and density of woodlands and forest,
within the construction site and on contiguous lands for a distance
of 200 feet, or such other distance as deemed appropriate by the Municipal
Engineer. All significant tree specimens four inches or greater in
diameter, measured at four feet above the ground; all dogwood, American
holly, and mountain laurel; and all other vegetation on slopes 15%
or greater shall be indicated on the application plans as well as
physically marked on the construction site.
(l)
The extent of impervious surface to be constructed.
(m)
Location of construction access roads.
(n)
Calculation of amount of site grading, to include
a cut-and-fill balance sheet, including cross sections, and indicating,
where applicable, the volume of and source of off-site fill.
(o)
Extent of on-site erosion sediment control measures,
during and after construction and until any affected area is stabilized.
(p)
Any other information as is reasonably necessary
to make an informed decision.
D.
Application review and standards of approval.
(1)
The Municipal Engineer shall review every slope area
application to determine whether the proposed work or disturbance
may have a detrimental impact upon any slope area. Such review shall
include at least an on-site inspection. The Engineer's inspection
shall be made as soon as possible considering the extent of the work
necessary to evaluate the application.
(2)
The Municipal Engineer shall thereafter approve only
those applications where the proposed work or disturbance will:
(a)
Have no detrimental impacts.
(b)
Control velocity and rate of water runoff so that such velocity and rate are no greater after construction and development than before, and are within tolerances deemed safe by the Municipal Engineer, and the project or site plan complies with all other provisions of the Borough Code and Chapter 183, Flood Damage Prevention.[2]
(c)
Minimize stream turbidity and changes in flow.
(d)
Protect environmentally vulnerable areas.
(e)
Stabilize exposed soils both during and after
construction and development.
(f)
Prevent soil slippage.
(g)
Minimize number and extent of cuts to prevent
groundwater discharge areas to underlying soils.
(h)
Preserve the maximum number of trees and other
vegetation on the site and avoid disturbance of the critical hillside,
slope and forest areas.
(3)
The Municipal Engineer may impose such conditions upon any approval as said Engineer deems necessary to achieve the purposes of this section. All permanent improvements necessary to achieve the purposes of this section shall be bonded in the same manner as set forth Article IV, Procedure, of this chapter, except that a maintenance bond shall continue for two years after complete stabilization.[3]
(4)
Any approval may be subject to the condition that,
for safety reasons, the applicant provides and adheres to a detailed
construction and inspection schedule, copies of which shall be supplied
to the Borough Construction Official for the purpose of monitoring
the progress of the work and compliance with the construction schedule.
Said approval may be further conditioned upon submission of periodic
certifications by the applicant as to compliance with the construction
schedule, and, in the event of noncompliance, written assurance as
to the nature and time when steps will be taken to achieve compliance
with the construction schedule.
(5)
If the applicant does not comply with the construction
schedule or any other requirements or conditions attached to the approval
of the application, and the Municipal Engineer or the Borough Construction
Official certifies such lack of compliance, the Borough Construction
Official shall thereupon revoke approval of the application, after
notice to the applicant, and no further work may be performed on such
site, with the exception for temporary measures necessary to stabilize
the soil and to protect the site from stormwater damage or other hazards
created by construction activity on the site.
E.
Lot size, development density, lot coverage and disturbance.
To meet the purposes, goals and standards set forth in this section,
in areas of slopes greater than 15%, the applicable provisions of
this chapter relating to minimum lot sizes and density of development,
and maximum percentage of lot coverage, shall be modified, and limitations
of maximum impervious surfaces and maximum lot disturbance shall be
added.
(1)
Minimum lot size; density.
(a)
The minimum lot size shall be determined by
multiplying the total land area in various slope categories by the
following factors and totaling the results. This modified minimum
lot size shall be used as the lot size in density calculations. Slope
calculations shall be based on elevation intervals of 10 feet.
|
Slopes
|
Factor
| |
|---|---|---|
|
30% or greater
|
0.1
| |
|
20% but less than 30%
|
0.2
| |
|
15% but less than 20%
|
0.5
| |
|
Less than 15%
|
1.0
|
(b)
As the result of the computation of the total
density allowed, any fractional amount shall be rounded down or truncated
to the nearest whole integer. If the total density allowed is less
than one, and prior to this section the lot dimensions met or exceeded
the minimum lot size for its zone, than the total density allowed
shall be one.
(2)
Determination of maximum lot coverage.
(a)
The maximum lot coverage area shall be determined
by multiplying the total land area in various slope categories by
the following factors, totaling the results and multiplying the result
by the maximum lot coverage percentage allowed for the appropriate
zone. Slope calculations shall be based on elevation intervals of
10 feet.
|
Slopes
|
Factor
| |
|---|---|---|
|
30% or greater
|
0.25
| |
|
20% but less than 30%
|
0.50
| |
|
15% but less than 20%
|
0.75
| |
|
Less than 15%
|
1.00
|
(b)
Where the modified maximum lot coverage area
is less than the minimum gross floor area required for the proposed
building, the minimum gross floor area required shall be the modified
maximum lot coverage area.
(3)
The maximum impervious surface area permitted in slope
areas shall be determined by multiplying the total land area in various
slope categories by the following percentages and totaling the results:
|
Slopes
|
Percentage
| |
|---|---|---|
|
30% or greater
|
10%
| |
|
20% but less than 30%
|
15%
| |
|
15% but less than 20%
|
25%
| |
|
Less than 15%
|
35%
|
(4)
The maximum lot disturbance shall be no greater than
130% of the maximum impervious surface permitted for the lot.
(5)
Setbacks of all structures necessary for slope area
stabilization shall be sufficient to allow for any future maintenance
that may be necessary.
(6)
All land required to be maintained as permanent open
space shall be indicated as such on any approved plans.
F.
Environmental appraisal and applicability.
(1)
When site plan or subdivision is required, an environmental
impact report or request for waiver shall be prepared. The Municipal
Engineer shall review and approve the report in accordance with specifications
and procedures required by this section.
(2)
No application for slope area permit shall be approved
unless it has been affirmatively determined, after an environmental
appraisal, that the proposed project:
G.
Review and inspections fees. The initial application filing fee shall be as provided in Chapter 168, Article II. The applicant shall deposit with the Chief Financial Officer $250. If additional escrow fees are required, the applicant shall deposit with the Chief Financial Officer an amount equal to the estimated review fee, as determined by the Municipal Engineer. Inspections shall be required before, during stabilization and upon completion of the work or disturbance, during and for two years after complete stabilization, or for any other reasonable time, as determined by the Municipal Engineer, to insure the purposes of this section are met. No permit will be issued until a deposit is placed with the Chief Financial Officer, equal to the estimated inspection fee, as determined by the Municipal Engineer. If additional inspection fees are required, the applicant shall deposit with the Chief Financial Officer an amount equal to the new estimated inspection fee before any work can continue. The inspection fee deposit account shall remain for two years after complete stabilization. Any deposit accounts shall be maintained at levels sufficient at all times to cover all estimated fees or work may be halted. The Chief Financial Officer will keep the Municipal Engineer aware of account balances as necessary.
[Amended 5-9-2007 by Ord. No. 07-2007; 2-23-2011 by Ord. No.
03-2011]
H.
Municipal liability. The granting of any permit or
approval in any slope area shall not constitute a representation,
guarantee or warranty of any kind by the Borough or by any official
or employee thereof of the practicability or safety of any structure,
use or other plan proposed, and shall create no liability upon, or
a cause of action against, such public body, official or employee
for any damage that may result pursuant thereto.
I.
Penalties. In addition to penalties already provided
in § 150- 15, the Court may order any person convicted of
violating this section to pay the Borough all costs for and associated
with necessary stabilization or corrective measures, as determined
by the Municipal Engineer.
J.
Appeal. The Planning Board shall have the power to hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision (including review and inspection fees under Subsection G) or refusal made by the Borough Engineer based on or made in the enforcement of this section. All such appeals under this section from the decisions of the Borough Engineer shall be taken within 20 days by filing a notice of appeal with the Borough Engineer specifying the grounds of such appeal. The Borough Engineer shall immediately transmit to the Planning Board all papers constituting the record upon which the action appealed from was taken. All such appeals shall be heard by the Planning Board upon notice given by the applicant as required by § 150- 9D. The Planning Board may permit, or require, the record on appeal to be supplemented with such documents or other evidence or information as are reasonably necessary to make an informed decision as to whether the requirements of this sectionhave been met.
[Amended 4-12-2000 by Ord. No. 2-00]
[Added 1-13-1999 by Ord. No. 18-98]
This section is intended to provide the community
with fair and equitable grading practices and shall not supersede
the requirements of any other ordinance or code.
A.
Protection of utilities. Public entities or services
shall be protected from damage due to grading or excavation operations
by the property owner having such operation done. Persons excavating
must comply with the Underground Facility Protection Act, N.J.S.A.
48:2-73, as amended, and provide proof of compliance upon request.
B.
Protection of adjacent property. Adjacent properties
shall be protected from damage due to grading or excavation operations
by the property owner having such operations done. No person shall
have property graded or excavated so as to allow or result in increased
drainage runoff on adjacent properties. No person shall excavate on
land sufficiently close to the property line to endanger any adjoining
public streets, sidewalk, alley or other public or private property,
without supporting and protecting such property from any damage that
may result.
[1]
Editor's Note: Former § 150-80, Affordable housing obligation,
added 11-30-2005 by Ord. No. 30-2005, was repealed 6-12-2013 by Ord.
No. 10-2013.
[Added 10-26-2005 by Ord. No. 17-2005]
A.
Purpose. The purpose of this section is to establish
siting and development regulations for wireless telecommunication
towers and antennas for the siting of wireless telecommunications
towers and antennas to:
(1)
Protect residential areas and land uses from potential
adverse impacts of towers and antennas;
(2)
Encourage the location of towers in appropriate locations;
(3)
Minimize the total number of towers throughout the
Borough;
(4)
Strongly encourage the joint use of approved tower
facilities as a primary option rather than construction of new or
additional single-use towers;
(5)
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal;
(6)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently;
(8)
Consider the public health and safety of communication
towers; and
(9)
Avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
In furtherance of these goals, Atlantic Highlands Borough shall give
due consideration to the Borough Master Plan, Zoning Map,[1] existing land uses, and environmentally sensitive areas
in approving sites for the location of towers and antennas.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
B.
Nonapplicability to amateur radio stations and to receive-only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a "receive-only antenna" in accordance with Federal Communications Commission (FCC) regulations. (See § 150-66, Noncommercial radio and television antennae.)
C.
Antennas and towers permitted on Borough property.
Wireless communications towers and antennas which are located on property
owned, leased, or otherwise controlled by the Borough of Atlantic
Highlands and which are approved by the governing body shall be deemed
to be permitted as a telecommunications facility.
D.
General requirements.
(1)
Use. Wireless telecommunications towers and antennas other than those on municipal facilities are conditional uses and shall meet the conditional use requirements under Article VI of this chapter.
(2)
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirement, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the Borough as part of the application
an inventory of its existing towers, antennas, or sites approved for
towers or antennas, that are either within the jurisdiction of Atlantic
Highlands Borough or within one mile of the border thereof, including
specific information about the location, height, and design of each
tower. The Borough may share such information with other applicants
applying for approvals under this section or other organizations seeking
to locate antennas within the jurisdiction of Atlantic Highlands Borough;
provided, however, that the Borough is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(4)
Uniform Construction Code;[2] safety standards. To ensure the structural integrity of
towers, the owner of a tower shall ensure that it is maintained in
compliance with standards contained in applicable state and municipal
codes, including the New Jersey Uniform Construction Code and the
applicable standards for towers that are published by the Electronic
Industries Association, as amended from time to time. If, upon inspection,
the Borough concludes that a tower fails to comply with such codes
and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of the tower, the owner shall
have 30 days to bring the tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 days shall
constitute grounds for the removal of the tower or antenna at the
owner's expense.
(5)
Franchises. Owners and/or operators of towers or antennas
shall certify that all franchises required by law for the construction
and/or operation of a wireless communication system in Atlantic Highlands
Borough have been obtained and shall file a copy of all required franchises
with the Borough.
(6)
Public notice. For purposes of this section, any variance
request, conditional use application or request for site plan approval
shall require public notice to all abutting property owners and any
property owners of properties that are located within the corresponding
separation distance in addition to any notice otherwise required by
under this chapter.
(7)
Signs. No advertising signs shall be allowed on an
antenna or tower.
(8)
Buildings and support equipment. Buildings and support
equipment associated with antennas or towers shall comply with the
requirements of this chapter.
(9)
Multiple antenna/tower plan. Atlantic Highlands Borough
encourages the users of towers and antennas to submit a single application
for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process.
(10)
Maximum height.
(b)
Proof shall be required of the applicant seeking to erect a tower for multi-use {Subsection D(10)(a)[2] and [3] above}, confirming that multi-users are under contract for the facilities and that a taller tower will not be built merely upon the speculation that another user will be found.
(c)
A licensed New Jersey professional engineer
must certify that the tower can structurally accommodate the number
of shared users proposed by the applicant.
(11)
Overall comprehensive plan. In addition to any
information required for applications for site plan review pursuant
to this chapter, applicants for approval for a tower shall submit
an overall comprehensive plan that includes the following information:
(a)
A location plan drawn to scale and clearly indicating
the location, type and height of the proposed tower, on-site land
uses and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), Master Plan classification of the site and
all properties within the applicable separation distances pursuant
to this chapter, adjacent roadways, proposed means of access, setbacks
from property lines, elevation drawing of the proposed tower and any
other structures, topography and parking.
(b)
Legal description of the parent tract and leased
parcel (if applicable).
(c)
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and platted residentially developed properties.
(d)
The separation distance from other towers described
in the inventory of existing sites submitted pursuant to this chapter
shall be shown on an updated site plan or map. The applicant shall
also identify the type of construction of the existing tower(s) and
the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape
materials.
(f)
Method of fencing, and finished color and, if
applicable, the method of camouflage and illumination.
(g)
A description of compliance with this section
and pursuant to this chapter, and all applicable federal, state or
local laws.
(h)
A statement by the applicant as to how the location
of the tower and antennas specifically relates to the objective of
collocating the antennas of many different providers of wireless communication
services on a single supporting structure. Towers shall be available
for co-location of compatible service providers.
(i)
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned and operated by the applicant in the municipality.
(j)
A statement by the applicant describing how
the proposed location of the proposed antennas specifically relates
to the overall objective of providing adequate wireless communication
services within the Borough of Atlantic Highlands while at the same
time limiting the number of towers to the fewest possible, including
the use of existing towers, other structures or alternate technology
not requiring the use of towers or structures to provide the wireless
services to be provided through the use of the proposed tower.
(k)
A description of the feasible locations(s) of
future towers or antennas within the Borough based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected. The grant of an approval will not constitute
a determination that the other referenced locations are suitable or
approvable for such structures/uses.
(l)
A mapped location and written description of
all existing and approved supporting towers for all providers of wireless
communication services within one mile of the subject site, both within
and outside of the Borough of Atlantic Highlands.
(m)
A mapped location and written description of
all existing or approved water towers or water standpipes and existing
high-tension power line stanchions with one mile of the subject site,
both within and outside of the Borough of Atlantic Highlands.
(n)
A statement by the applicant describing how
the proposed location of the proposed antennas specifically relates
to the anticipated need for additional antennas and supporting structures
within and near the Borough of Atlantic Highlands and by other providers
of wireless communication services within the Borough.
E.
Factors considered in granting approval for towers.
In addition to any standards for consideration of site plan pursuant
to this chapter and requirements set forth in this chapter, the municipal
agency shall consider at least the following factors in determining
whether to issue an approval:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and
residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(7)
Proposed ingress and egress; and
(8)
Availability of suitable existing towers, other structures
or alternative technologies not requiring the use of towers, or structures,
as discussed in this section, pursuant to this chapter.
F.
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anticlimbing device; provided, however, that the
municipal agency may waive such requirements, as it deems appropriate.
G.
Landscaping.
(1)
The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required; provided,
however, that the municipal agency may waive such requirements if
the goals of this section would be better served thereby.
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences.
(b)
In locations where the visual impact of the
tower would be minimal, landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural landforms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, natural growth
around the property perimeter may be sufficient buffer.
(2)
In approving the tower, the municipal agency may impose
conditions, including the use of an alternative tower structure, to
the extent the municipal agency concludes such conditions are necessary
to minimize any adverse effect of the proposed tower on adjoining
properties.
(3)
During the public hearing process, the applicant shall
schedule the time for a crane test with the Secretary of the Planning
Board in order to provide the members of the Planning Board and the
general public the opportunity to view a crane at the location and
height of the proposed tower. Thereafter, a visual sight distance
analysis shall be prepared by the applicant and presented to the Planning
Board, including photographic reproductions of the crane test, graphically
simulating the appearance of the proposed tower, with at least three
antenna arrays attached thereto and from at least 15 locations around
and within one mile of any proposed tower where the tower will be
most visible.
(4)
All towers and antennas shall also fully comply with
the requirements of this chapter.
H.
Removal of abandoned antennas and/or towers. The applicant
shall provide a performance bond and/or other assurances satisfactory
to the Planning Board, in a form approved by the Planning Board Attorney,
that will cause the antennas, any supporting tower, the electric equipment
cabinets, and building enclosing the electronic equipment shelters,
and all other related improvements to the land to be removed, at no
cost to the Borough, when the antennas and/or towers are no longer
operative. Any antenna or tower that is not operated for a continuous
period of six months shall be considered abandoned, and the owner
of such antenna or tower shall remove the same within 90 days of receipt
of a written notice from the Borough of Atlantic Highlands notifying
the owner of such abandonment. Failure to remove an abandoned antenna
and/or tower within said 90 days shall be grounds for removal of the
tower or antenna by the Borough and the removal paid for by the owner.
If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
Upon the dismantling and removal of a tower, the property on which
the tower was located shall be restored to a safe and landscaped condition
compatible with adjacent properties by the owner.
I.
Preexisting towers. Preexisting towers, which are
operating at the time of the adoption of this section, shall be allowed
to continue their usage as they presently exist. Routine maintenance
is permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this section. If the use of the tower has terminated and the use
is determined to be abandoned, the requirements for removal in this
section, and pursuant to this chapter, shall apply.
[Added 7-24-2019 by Ord.
No. 10-2019; amended 8-12-2021 by Ord. No. 19-2021]
A.
Definitions.
(1)
All definitions of words, terms and phrases that are set forth
in the Communications Act of 1934, P.L. 73-416, as amended by various
statutory enactments, including, but not limited to, the Telecommunications
Act of 1996 P.L. 104-104,[1] are incorporated herein and are made apart hereof.
[1]
Editor's Note: See 47 U.S.C.A. § 609 et seq.
(2)
All definitions of the words, terms and phrases that are set
forth in the portion of the Middle Class Tax Relief and Job Creation
Act of 2012, P.L. 112-96, as codified in 47 USC § 455, are
incorporated herein and are made a part hereof.
(3)
All definitions of words, terms and phrases that are set forth
in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
are incorporated herein and are made apart hereof.
(4)
All of the definitions of words, terms and phrases that are
set forth in the Code of Federal Regulations at 47 CFR 1.6002, as
amended, are incorporated herein and are made a part hereof.
(5)
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
SMALL WIRELESS FACILITY
SMART POLE
UTILITY POLE
In addition to the foregoing, the following words, terms and
phrases shall have the meanings indicated unless an alternate meaning
clearly is discernable from the context in which the word, term or
phrase is used:
As defined in 47 U.S.C. § 332(c)(7)(C), as supplemented
and/or as amended.
The surface, the airspace above the surface and the area
below the surface of any street, road, highway, lane, alley, boulevard
or drive, including the sidewalk, shoulder and area for utilities
owned by the municipality within an easement to the public or other
easement owned by the municipality.
As defined in the Code of Federal Regulations at 47 CFR 1.6002(1),
as supplemented and/or as amended. "Small wireless facility" means
a wireless facility that meets both of the following qualifications:
i) each antenna is located inside an enclosure of no more than six
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and ii) all
other wireless equipment attached directly to a utility pole associated
with the facility is cumulatively no more than 25 cubic feet in volume.
The following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cutoff switch, and vertical
cable runs for the connection of power and other services.
A decorative utility pole that conceals, disguises or camouflages
one or more small wireless facility installation(s) and may include
other features, such as street lighting, 911 call service access,
public access Wi-Fi and surveillance cameras. A smart pole must allow
for multiple occupants and allow space for municipal use for other
services and/or equipment. Smart poles shall neither have external
latches, external hinges, nor external cabling. The pole should be
made of an inherently rust-resistant material (i.e., aluminum alloys
or stainless steel).
A wooden or metal pole that is used by public utilities to
support electrical wires, telephone wires, coaxial cables, fiber-optic
cables and like and similar appurtenances.
(6)
In the event that a term, word or phrase is not defined in any
of the aforementioned statutes and is not otherwise defined herein,
then that term, word or phrase shall have its common, ordinary meaning.
B.
Small wireless facility siting permit required; consent to use rights-of-way
required.
(1)
No person shall place a small wireless facility in any right-of-way
without first filing a small wireless facility siting permit application,
in the form specified herein and in accordance with the procedures
specified herein, with the Borough Clerk and obtaining a siting permit
therefor, except as otherwise may be provided in this section. Upon
approval of a siting permit application, the siting permit authorizing
placement of a small wireless facility in a public right-of-way shall
not be issued by Borough Clerk to any applicant unless:
(a)
All siting permit application fees and escrow fees, as established
herein, have been paid; and
(b)
All other governmental permits or other governmental approvals
that are required for the deployment(s) proposed by the applicant's
siting permit application under the New Jersey Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq., and the administrative regulations
adopted thereunder, any applicable provision of the Borough Code of
the Borough of Atlantic Highlands, and by any other applicable federal,
state or municipal law have been issued by the appropriate issuing
authority therefor to the applicant and the applicant has supplied
copies of such other permits or approvals to the Borough Clerk for
inclusion with the applicant's application documents; and
(c)
The applicant has entered into a right-of-way use agreement,
the approved form of which is set forth in Appendix A[2] to this section, with the municipality. The approved form
of right-of-way use agreement may, from time to time, be revised,
supplemented or otherwise amended or replaced. All such revisions,
supplements, amendments or replacements shall be approved by resolution
of Borough Council. The Borough Clerk shall maintain on file the currently
approved right-of-way use agreement version and shall provide a copy
to all siting permit applicants. Minor deviations to the terms and
conditions that are set forth in the approved form of right-of-way
use agreement may be approved by Borough Council at the time that
it grants consent to use a right-of-way to a siting permit applicant.
[2]
Editor's Note: Appendix A is on file in the Borough offices.
(2)
No siting permit authorizing placement of a small wireless facility
in a public right-of-way shall be issued to any applicant unless the
Borough Council, in the manner prescribed by applicable laws of the
State of New Jersey, has granted to the siting permit applicant its
consent to use public rights-of-way within the municipality. No siting
of a small wireless facility shall be permitted within 200 feet of
another small wireless facility unless it can be established by clear
and convincing evidence that co-location on an existing or previously
approved small wireless facility is not feasible. Any claims of carriers
of technical incompatibility or inability to collocate need to be
proven by the carrier, not disproven by the municipality. Responsibility
for judging proof of said claims lies solely with the municipality
and/or or its chosen representative(s).
C.
Installation of new structures; installation on existing structures.
(1)
No application for a small wireless facility siting permit shall be approved if the application proposes the deployment of a small wireless facility upon an existing structure in a right-of-way unless the structure is one of the types of smart poles that are set forth in Subsection A, Definitions, to this section and such smart pole specifically is designed to accommodate the reasonable and customary equipment necessary for a small wireless facility installation which will accommodate at least three carriers per small wireless facility deployment.
(2)
No small wireless facility shall be installed upon any new structure within any right-of-way unless the new structure is one of the preapproved types of smart poles that are identified in Subsection A, Definitions, to this section. A replacement pole is a new structure.
(3)
No application for a small wireless facility siting permit shall
be approved if the application proposes the deployment of a small
wireless facility in an area other than those specific locations set
forth within the Borough's wireless siting plan, which can be
found on file with the office of the Borough Clerk. All small wireless
facilities must be placed within a twenty-five-foot radius of those
specific locations set forth on the Borough's wireless siting
plan. No more than one smart pole shall be permitted per intersection
or block if the siting plan calls for the deployment of a small wireless
facility at any location other than an intersection, unless otherwise
specified within the wireless siting plan. No smart poles shall be
located within 200 feet of another.
D.
Siting permit application process.
(1)
Application filing. An application for a siting permit to place
one or more small wireless facilities within a right-of-way shall
be made on forms which shall be available from the office of the Borough
Clerk. The application, along with the required application fee and
the required escrow fee, shall be filed with the Clerk. Immediately
upon receipt of an application, the Clerk shall provide copies of
the application and all supporting documents that were submitted by
the applicant with the application, to the Borough Engineer, the Construction
Official and the Borough Attorney.
(2)
Application form. The small wireless facility siting permit
application shall be made by a provider of personal wireless services,
or its duly authorized representative as noted in a notarized statement
from the provider of personal wireless services on whose behalf the
representative is acting, and shall contain the following:
(a)
The applicant's name, address, telephone number and email
address;
(b)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application;
(c)
A general description of the proposed small wireless facility,
existing structure and new structure work to be performed. The scope
and detail of such description shall be appropriate to the nature
and character of the work to be performed, with particular emphasis
on those matters, including, but not limited to, subservice utilities
likely to be affected or impacted by the work proposed along with
a description of such other governmental permits or approvals as may
be required by applicable law with respect to the proposed installation(s)
and a description of such other permits or approvals for which the
applicant has applied;
(d)
Authorization for any consultant acting on behalf of the applicant
to speak with the municipality, or a designee of the municipality,
on the area of consultation for the applicant even if the applicant
cannot be available;
(e)
Verification from an appropriate professional that the small
wireless facility shall comply with all applicable federal, state
and local laws, administrative regulations and codes;
(f)
The applicant shall certify that they shall market the availability
of approved facilities to all major wireless carriers in the marketplace.
The applicant shall further certify that they will encourage, manage
and coordinate the location and placement of any interested carrier's
equipment on their structure.
(3)
An applicant seeking to deploy a network of small wireless facilities,
all of which are to be located in rights-of-way, may file a batched
application for up to 25 small wireless facilities and receive a single
siting permit for multiple small wireless facilities.
E.
Procedure on permit application; no exclusive rights.
(1)
The municipality shall review the application for a small wireless
facility siting permit in light of its conformity with the provisions
of this section and shall approve a siting permit on nondiscriminatory
terms and conditions subject to the following requirements:
(a)
Within 10 days of receiving an application, the Borough Clerk
shall determine and notify the applicant:
[1]
Whether the application is complete;
[2]
If the application is incomplete, what specific
information is missing; and
[3]
Whether the deployment of the small wireless facilities
as proposed requires the applicant to apply for other permits, such
as a street opening permit or construction permit, for which the applicant
has not yet applied. No small wireless facility siting permit application
shall be deemed complete until the applicant has applied for all other
permits and approvals required by all other laws and regulations that
are applicable to the applicant's proposed small wireless facility
deployment.
(2)
The municipality shall make its final decision to approve or
deny the application within the following timeframes:
(a)
Sixty days from the submission of a complete application to
install a small wireless facility upon one or more existing structures.
(b)
Ninety days from the submission of a complete application to
install a small wireless facility upon one or more new structures.
(c)
Ninety days from the submission of a complete batched application
to install small wireless facilities upon both existing and new structures.
(d)
The timeframes described above by which an application shall
be either approved or denied may be extended by mutual consent of
the applicant and municipality. Such consent shall be set forth on
a form for such purposes which shall be available from the office
of the Borough Clerk. Such consent on behalf of the municipality shall
be exercised by the Mayor in his/her reasonable discretion.
(3)
The Borough Clerk shall notify the applicant, in writing, of
the final decision, and if the application is denied, specify the
basis for denial; and cite such specific provisions, as may be recommended
by the Borough Attorney, from federal, state, or local laws, administrative
regulations or codes as to why the application was denied.
(4)
Notwithstanding an initial denial, the applicant may cure any
deficiencies identified by the municipality within 30 days of the
denial without paying an additional application fee, provided the
Borough Clerk shall approve or deny the revised application within
30 days of receipt of the amended application, which shall be limited
to the deficiencies specified in the original notice of denial.
(5)
If the municipality fails to act upon an application within
the timeframes prescribed by this section, the applicant may provide
written notice to the municipality that the application review and
decision period has lapsed. Upon receipt of such notice, Borough Council,
by resolution adopted no later than its second regularly scheduled
public meeting next following receipt of the notice, shall either
deny the application or direct that the siting permit shall be approved
and issued. Nothing in this subsection is intended in any way to impact
any other right or remedy that may be available to the applicant under
applicable federal or state law if the municipality fails to act upon
an application within the timeframes prescribed by this section.
(6)
A siting permit from the municipality authorizes an applicant
to undertake only certain activities in accordance with this section.
No approval or consent granted, or siting permit issued, pursuant
to this section shall confer any exclusive right, privilege, license
or franchise to occupy or use any public right-of-way within the Borough
for the delivery of telecommunications services or for any other purpose.
F.
Duration. No siting permit issued under this section shall be valid
for a period longer than 12 months unless construction has actually
begun and continuously and diligently is pursued to completion. Upon
written request from the applicant, the Mayor, upon consultation with
the Construction Official, may extend the siting permit for a period
of up to 12 months so long as construction has begun at the time that
the applicant's request for an extension is made.
G.
Routine maintenance and replacement. A small wireless facility siting
permit shall not be required for:
(1)
Routine maintenance of a small wireless facility;
(2)
The replacement of a small wireless facility with another small
wireless facility that is substantially similar or smaller in size,
weight and height to the small wireless facility that is being replaced;
(3)
Provided, however, that on a location where the municipality
and/or another provider has placed equipment or facilities, any routine
maintenance or replacement that is done shall not occur until written
authorization from the municipality and/or the other provider, as
the case may be, to proceed is provided to the municipality, which
authorization to proceed shall not unreasonably be withheld by the
municipality and/or the other provider;
(4)
Provided further that if the replacement of a small wireless
facility with another small wireless facility includes replacement
of the structure to which the small wireless facility is attached,
then an application for a siting permit shall be required.
H.
Application fees.
(1)
All applications for approval and issuance of a small wireless
facility siting permit pursuant to this section shall be accompanied
by a fee as follows:
(a)
For applications that do not include the installation of any
new structures within a right-of-way, the application fee shall be
$500 for up to five small wireless facilities with an additional $100
for each small wireless facility beyond five.
(b)
For applications that include the installation of a new structure
within a right-of-way, the application fee shall be $1,000 for up
to five small wireless facilities with an additional $100 for each
small wireless facility beyond five.
I.
Escrow fee for third-party professionals and consultants.
(1)
In addition to the application fee, all applications for approval
and issuance of a small wireless facility siting permit shall be accompanied
by an escrow fee as follows:
(a)
For applications whose proposed small wireless facility deployment(s)
will not require a street opening permit pursuant to the Code of the
Borough of Atlantic Highlands: $5,000.
(b)
For applications whose proposed small wireless facility deployment(s)
will require a street opening permit of the Code of the Borough of
Atlantic Highlands: $7,500.
(2)
The escrow account deposits are required to pay for the costs
of professional services, including engineering, planning, legal and
other third-party professional consulting expenses connected with
the review of submitted materials, including any traffic engineering
review or other special analyses related to the municipality's
review of the materials submitted by the applicant and the preparation
of any reports or any necessary legal agreement regarding rights-of-way
use. An applicant is required to reimburse the municipality for all
fees, costs and expenses of third-party professionals and consultants
incurred and paid by the municipality for the review process of a
small wireless facility siting permit application, such as, but not
limited to:
(a)
Professional fees for reviews by third-party professionals or
consultants of applications, plans and accompanying documents;
(b)
Issuance of reports or analyses by third-party professionals
or consultants to the municipality setting forth recommendations resulting
from the review of any documents submitted by the applicant;
(c)
Charges for any telephone conference(s) or meeting(s), including
travel expenses, requested or initiated by the applicant, the applicant's
attorney or any of the applicant's experts or representatives;
(d)
Review of additional documents submitted by the applicant and
issuance of reports or analyses relating thereto;
(e)
Review or preparation of right-of-way use agreements, easements,
deeds, right-of-way municipal consent ordinances or resolutions and
any and all other like or similar documents; and
(f)
Preparation for and attendance at all meetings by third-party
professionals or consultants serving the municipality, such as the
Borough Attorney, Borough Engineer and Borough Planner or other experts
as required.
(3)
The escrow account deposits shall be placed in a separate account
by the Borough's Chief Financial Officer at the request of the
Borough Clerk and an accounting shall be kept of each applicant's
deposit. Thereafter:
(a)
All third-party professional or consultant fees, costs, expenses
and charges shall be paid from the escrow account and charged to the
applicant;
(b)
Upon either final denial of a small wireless facility siting
permit application or upon issuance of a small wireless facility siting
permit, any moneys not expended for third-party professional or consulting
services shall be returned to the applicant within 90 days upon written
request by the applicant and as authorized by the Borough Council;
(c)
If at any time during the application review process 75% of
the money originally posted shall have been expended, the applicant
shall be required to replenish the escrow deposit to 100% of the amount
originally deposited by the applicant;
(d)
No small wireless facility siting permit application shall be
considered complete until such time as the required escrow fee has
been posted to guarantee payment of third-party professional or consultant
fees, costs, expenses and charges;
(e)
All payments charged to the escrow deposit shall be pursuant
to vouchers from the third-party professionals or consultants stating
the hours spent, the hourly rate and the fees, costs, expenses and
charges incurred;
(f)
Third-party professionals and consultants submitting charges
pursuant to this section shall be permitted to charge for such services
at the same rates as they would charge their private clients for like
or similar work, provided that:
[1]
Professional fees are billed at rates that do not
exceed such professional fees as are customarily charged by other
like professionals and consultants performing similar work within
the County of Monmouth; and
[2]
Out-of-pocket costs, expenses and charges are billed
on a dollar-for-dollar basis with no markup being permitted;
(g)
The municipality shall render a written final accounting to
the applicant on the uses to which the escrow deposit was put. The
written final accounting shall include copies of all vouchers that
were submitted by third-party professionals and consultants and paid
by the municipality.
J.
Municipal access to new structures. An applicant whose siting permit includes the installation of any new smart pole structure of any of the types that are defined in Subsection A, Definitions, to this section shall provide the municipality with access to any of the technological features that are a component the new smart pole structure such as, for example, public access Wi-Fi, 911 call service or security cameras, before the applicant offers such access to any other person or entity. Should the municipality decide to utilize any such technological features, then the municipality, on an annual basis, shall reimburse the applicant or the subsequent owner of the structure, the costs, on a dollar-for-dollar basis, of providing the municipality with such access. Such costs shall be limited to the costs of providing electricity to the components used by the municipality and the costs of any repairs required to be made to the components used by the municipality, unless the repair costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
