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 herein otherwise provided:
A.
No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used, or intended to be used, for any purposes or in any manner other
than as specified among the uses hereinafter listed as permitted in
the zone in which such building or land is located.
B.
No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area, and building location regulations hereinafter
designated for the zone in which such building or open space is located.
C.
No off-street parking area, loading or unloading area provided to
meet the minimum off-street parking, loading or unloading requirements
for one use or structure shall be considered as providing off-street
parking, loading or unloading area for a use or structure on any other
lot, unless specifically permitted elsewhere in this chapter.
D.
No subdivision may be approved unless each lot contained in said
subdivision complies with all the requirements of the zone in which
said lot is located, or unless a variance has been granted therefrom.
E.
No use shall be considered a permitted use or a conditional use in
a zone district unless included as such in the particular zone district.
F.
All proposed underground structures, separate or connected to an
aboveground structure, shall comply to the setback requirements (in
a particular zone). If an underground structure breaks an imaginary
vertical plane extending downward at the setback line, the underground
structure shall be considered in violation of the zone district setback
requirement.
Wherever the depth of lots is established by existing street
patterns in any residential zone, the depth requirements of the zone
shall be waived as long as all setback lines are maintained.
A.
Every principal structure shall be built upon a lot with frontage
upon a public street improved to meet the Township 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.
B.
Where a building lot has frontage on a street, which the Master Plan
or the Official Map of the Borough indicates is proposed for right-of-way
widening, the required front yard setback shall be measured from such
proposed right-of-way line.
[Amended by Ord. No. 1989-10; Ord. No. 1998-7]
A.
No yard or other open space provided around any structure for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other structures,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a structure 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 they are located, except:
(1)
Lots with frontage on more than one street, which are not corner
lots, may have a front and rear 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, 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. Unroofed entrance porches
or terraces, which do not rise above the height of the floor level
of the ground floor, may extend into any yard, providing the total
area of all such porches, which extend into such yards, does not exceed
100 square feet.
D.
Front yard setbacks for new one- and two-family dwellings in the
RB, RD, R-B1 and R-B2 Zone Districts can be reduced to the average
front yard setbacks of the adjoining two properties on either side
or on the one side if a corner lot, but shall not be less than 10
feet.
[Added 4-24-2019 by Ord.
No. 2019-14]
[Amended by Ord. No. 1989-10]
A.
On all corner lots, the minimum depth of all front yards shall not
be less than the minimum front yard required in the zone district,
except:
(1)
The provisions of this subsection will not be applied to reduce the
buildable width of any lot less than 100 feet wide to less than 50%
of its width; however, no front yard of any corner lot may be reduced
to less than 20 feet by application of this subsection.
(2)
Where the corner lot abuts interior lots located in any adjoining
zone (which adjoining zone also permits the use proposed or existing
on the corner lot), structures on the corner lot may assume the minimum
front yard requirements of the adjoining zone only if the adjoining
zone is immediately adjacent and contiguous to the corner lot, and
the proposed principal building on the corner lot is to be situated
within 100 feet of the adjacent zone.
(3)
For the purpose of erection of walls, hedges and fences and other
accessory structures related to existing or proposed one- or two-family
uses, the required minimum front yard shall be the lesser of the existing
setbacks of the principal structure (but not less than 10 feet) or
the front yard setback required by the zone district.
B.
On all corner lots, all areas outside of the minimum front yard area determined from Subsection A of this section and not between a principal structure and any street line may be considered side or rear yards for the purposes of this chapter.
C.
Lot lines of corner lots that are coexistent with rear lines of adjoining
lots shall be considered sidelines.
D.
Lot lines of corner lots that are coexistent with rear lines of adjoining
lots shall be considered rear lines.
E.
Lot lines of corner lots that are coexistent with lot lines of adjoining
corner lots shall be considered sidelines.
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 street line located 25 feet from the intersection of the street
lines.
[Amended by Ord. No. 1989-10; Ord. No. 1999-6]
Unless otherwise specified in this chapter, accessory structures
shall conform to the following regulations as to their locations on
the lot:
A.
An accessory structure attached to a principal building shall comply
in all respects with the yard requirements of this chapter for the
principal structure. Detached accessory structures shall be located
in other than a front yard and, if located in a side or rear yard
area, shall be set back at least eight feet from all lot lines if
not otherwise provided in the zone district regulations, except that
storage sheds containing less than 100 square feet of floor area and
under 10 feet in height may be located not less than three feet from
any side or rear lot line.
[Amended 4-24-2019 by Ord. No. 2019-11]
B.
Accessory structures may occupy not more than 25% of the rear or
side yard area in any residential zone, provided that such structures
shall not exceed 16 feet in height.
C.
No detached accessory structure, in any residential zone, shall be
less than five feet from the principal building.
D.
The maximum size of an accessory structure shall be 500 square feet.
Any accessory structure exceeding 500 square feet shall be considered
a principal structure.
E.
No accessory structure shall contain living space other than for
domestic employees of the owner or tenant, which domestic employees
are actively employed on the premises as their primary livelihood.
F.
Accessory structures must be located on the same lot as the principal
use to which they are accessory.
Any lot utilized for single-family or two-family dwelling purposes
shall not contain more than one principal structure.
[Amended 7-11-2012 by Ord. No. 2012-13]
The provisions of this chapter shall not apply to customary
underground essential services, except that all facilities such as
pumping stations, repeater stations and electric substations, which
require a structure above ground, or any other aboveground appurtenance
of any type more than 40 feet high or either a structure or appurtenance
that is within, encroaches upon, adjacent to or that may impact a
public sidewalk or right-of-way 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, N.J.S.A. 46:26B-1 et seq., prior to the establishment
of the Borough 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.
[Amended by Ord. No. 1999-6]
A.
No structure shall extend higher than the limit provided in each
zone created hereunder for structure height.
B.
The height limitations created hereunder shall not apply to spires,
belfries, cupolas or domes not used for human occupancy or the parapets,
walls or cornices extending not more than four feet above the structure
height limit.
C.
The height limitations created hereunder shall apply to chimneys,
ventilators, skylights, tanks, stair towers, fly towers, elevator
towers, appurtenances usually carried above the roof level and noncommercial
radio and television antennas attached to a structure, except that
the same may exceed said height limitation by not more than 15 feet,
or in the case of fly towers, 20 feet, except that skylights, heating
and air-conditioning equipment and ventilators may exceed the height
limitation by no more than 10 feet. Such features shall not exceed,
in total coverage, 10% of the total roof area.
D.
Freestanding noncommercial radio and television antennas and flagpoles
may exceed the height limits created hereunder by not more than 15
feet.
Wherever feasible, all of the following shall be preserved in
their natural state:
A.
Floodway areas.
B.
Areas containing a significant number of specimen trees determined
by the Environmental Commission or the municipal agency.
C.
Existing watercourses, ponds, marshes and swamps.
D.
Wetlands as defined by the New Jersey Wetlands Act of 1970, N.J.S.A.
13:9A-1 et seq., and delineated on wetlands maps prepared by the New
Jersey Department of Environmental Protection.
[Added 8-21-2019 by Ord.
No. 2019-36]
New buildings or additions with more than 5,000 square feet
of new roof area shall provide a minimum 25% of the roof area as a
green roof. The area of a green roof on buildings under 5,000 square
feet or over 25% of the roof area for roof areas over 5,000 square
feet shall receive a credit of 50% of the green roof area towards
lot coverage.
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 the same
as the upland property adjacent to the grant; provided, however, that
any part of this grant not filled, graded and stabilized pursuant
to a valid construction permit shall not be applicable to meeting
the minimum lot area for the governing zone except as herein provided.
A.
Where applicable, the municipal agency shall require, as a condition
of site plan or subdivision approval, that the owner convey to the
Borough rights-of-way, road widenings, drainage easements, conservation
easements, sight easements and/or shade tree and utility easements
which may be shown on the Master Plan, Official Map, or otherwise
be required.
B.
Required setbacks shall be measured from new right-of-way lines after
such conveyance. Nonconforming setbacks will require application for
variances.
C.
No lot area variance will be required if such right-of-way conveyance
or dedication reduces lot area below minimum requirements.
D.
For the purpose of calculating floor area ratio (FAR) and dwelling
unit density, the right-of-way area conveyed or dedicated will be
included in lot area, provided that the total floor area and/or the
number of units permitted may not exceed 110% of that permitted utilizing
the lot area after conveyance and/or dedication.
E.
For the
purpose of creating public access to the water and unoccupied open
space, any easement dedicated to the Borough that shall remain public
access in perpetuity will be included in lot area and will not alter
floor area calculations, dwelling unit density or setback requirements.
This provision shall apply to waterfront access easements or other
public access easements where appropriate passive or active enjoyment
is made available to the general public.
[Added 4-11-2012 by Ord. No. 2012-6]
A.
Solid waste 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 solid wastes are permitted to be placed
at the curblines for collection. Such receptacles may be stored in
either the 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.
The dumping of refuse, waste material or other substances is
prohibited in all districts within the Borough.
No person shall store materials of any kind outdoors in any
district, except for the construction of a structure to be erected
on the premises, unless specifically permitted elsewhere in this chapter.
A.
Retail and/or wholesale business uses shall not display goods for
sale, including motor vehicles, outdoors except in accordance with
a site plan approved by the Planning Board.
B.
Such outdoor displays shall only be permitted where the goods displayed
are the merchandise of a business enclosed within a structure located
on the site, unless in accordance with a permit or other approval
issued therefor by the Borough Council. Uses such as flea markets
where two or more concessionaires, proprietors or businesses display
goods for sale out of doors shall not be permitted in any zone within
the Borough.
C.
Coin-operated vending machines shall not be located further than
two feet from a related business structure.
D.
Goods for sale, displayed or stored outdoors, 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.
[Amended by Ord. No. 1988-21]
A.
Within any residential district, no building with a permitted home
professional office or home occupation shall be constructed or altered
so as to be inharmonious to the residential character of adjacent
structures.
B.
Within the Professional Office (PO) Zone District (or any other district
restricted regarding residential character of structures), no building
shall be constructed or altered so as to be inharmonious with the
residential character of the district.
C.
The types of construction not considered to be residential in character
include, but are not limited to, the following:
(1)
Storefront construction.
(2)
Heavy-gauge metal garage doors usually used in commercial applications.
(3)
Unfinished or finished concrete block or cinder block wall surfaces.
(4)
Predominant glass panels.
(5)
Heavy-gauge metal trim facia and siding.
(6)
Asphalt shingle siding.
(7)
Acrylic siding and curtain-wall panels.
(8)
Flat or steep slope mansard roofs.
(9)
Heavy masonry, marble or stone panels.
(10)
Alterations which enclose or remove any portions of existing
porches or porticos normally visible from the street.
The exterior elevations shall be arranged and outer walls of
nonresidential buildings shall be faced with materials approved by
the Planning Board in conjunction with site plan approval. The architecture
of all buildings shall be compatible with structures on adjacent lands
and in the neighborhood.
The outdoor storage of an unoccupied recreational vehicle, motor
home, travel trailer, camper or small boat shall be permitted on single-family
properties, provided that:
A.
Such storage shall not be located in any required front yard.
B.
The travel trailer, camper or small boat shall not exceed 28 feet
in length and eight feet in width.
C.
Only one such travel trailer or camper and one small boat shall be
permitted to be stored outdoors at any single-family residence.
D.
Recreational vehicles and motor homes exceeding 28 feet in length
may be stored only within the required building setback lines.
E.
Any such vehicles stored in accordance with this section shall not
be occupied and shall not be provided with utility connections.
F.
Permanent or temporary overnight occupancy or use of a trailer, travel
trailer, motor home, boat or recreational vehicle is not permitted
in any zone, except that, in emergency situations, such occupancy
or use may be permitted by resolution of the Borough Council for a
period not to exceed 120 days and thereafter renewed, with reasonable
justification, for consecutive periods of time not to exceed 60 days,
as determined by the Borough Council.
A.
No commercial motor vehicle having a rated maximum gross vehicle
weight (GVW) in excess of 10,000 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 10,000 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" by the New Jersey Wetlands Act of 1970, N.J.S.A.
13:9A-1 et seq., and delineated on the wetlands maps prepared by the
New Jersey Department of Environmental Protection, except in accordance
with a permit issued under the Act.
A.
A developer applying for site plan or subdivision approval pursuant to Article VI of this chapter may be required to submit a soil erosion and sediment control plan as is required by the Freehold Soil Conservation District. In determining whether an applicant should be required to submit said plan, the municipal agency shall consider the applicable state regulations, the extent of land disturbance existing and proposed, the topography of the site and size of the proposed structure and/or building.
B.
Soil erosion and sediment control plans shall be reviewed and certified
by the Freehold Soil Conservation District when in conformance with
the standards for soil erosion and sediment control.
C.
The municipal agency may seek the assistance of the Freehold Soil
Conservation District in the review of such plans and may deem as
approved those plans which have been reviewed and certified by the
Freehold Soil Conservation District.
A.
Freestanding radio and television antennas shall only be placed in
the rear yard area and shall be located no closer than 15 feet to
any property line.
B.
Freestanding antennas over 20 feet in height or antennas extending
a maximum of 15 feet above the point of attachment to a building shall
be built to withstand winds of 100 miles per hour.[1]
[1]
Editor's Note: Original § 25-5.27, Floodplain management,
which immediately followed this section, was repealed by Ord. No.
1988-18. For provisions regarding flood hazard prevention, see Ord.
No. 2009-22, which is on file in the Borough offices.
A.
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 municipal agency 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 agency 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 municipal agency 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 municipal agency 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 municipal agency or administrative
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 municipal agency 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 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 and certifications
as required by this section and a sworn statement filed by the owner
of 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 this chapter, 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 Building Inspector or administrative
officer.
(3)
Termination of violation. All violations 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 Building Inspector
or administrative 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.
Performance standards established.
(1)
Noise.
(a)
The definitions contained in the Noise Control Regulations (Chapter
29) 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)
|
Octave Band Sound-Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
86
| |
|
63
|
71
| |
|
125
|
61
| |
|
250
|
53
| |
|
500
|
48
| |
|
1,000
|
45
| |
|
2,000
|
42
| |
|
4,000
|
40
| |
|
8,000
|
38
|
[3]
Impulsive sound in air which has an impulsive sound level in
excess of 80 decibels.
(c)
The provisions of this section shall not apply to:
[1]
Agriculture.
[2]
Bells, chimes or carillons while being used in conjunction with
religious services.
[3]
Commercial motor vehicle operations.
[4]
Emergency energy-release devices.
[5]
Emergency work to provide electricity, water, or other public
utilities when public health or safety are involved.
[6]
National Warning System (NAWAS) system 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.
[7]
Noise of aircraft flight operations.
[8]
Public celebrations.
[9]
Public roadways.
[10]
Stationary emergency signaling devices.
[11]
Surface carriers engaged in commerce by railroad.
[12]
The unamplified human voice.
[13]
Use of explosive devices. These are regulated
by the New Jersey Department of Labor and Industry under the 1960
Explosives Act (N.J.S.A. 21:1A-128 et seq.).
(2)
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 Borough. 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:
(a)
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 not 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.
(b)
Solid particles.
[1]
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.
[2]
In any other zone, except the Industrial Zone, the allowable
discharge shall be 75% of the allowable emission permitted by the
New Jersey Air Pollution Control Code.
[3]
In the Industrial Zone, the allowable discharge shall be the
allowable emission permitted by the New Jersey Air Pollution Control
Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State Department of
Environmental Protection.
[6]
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.
(c)
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 I (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.
(3)
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 Borough of Red Bank, Department of Utilities,
and, where required, by the New Jersey Department of Environmental
Protection.
(4)
Solid waste. All uses in the Borough shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse, except if the municipality assumes the
responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control
Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter
8, "Refuse Disposal," Public Health Council of the State Department
of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk,
or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property,
except as may be permitted by other Borough codes and ordinances.
(5)
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 Atomic Energy Act of 1954, 42 U.S.C. § 2011
et seq., as amended, and any codes, rules or regulations promulgated
under such Act, as well as the Radiation Protection Act, Chapter 116,
P.L. 1958, N.J.S.A. 26:2D-1 et seq., as amended, whichever shall be
more stringent.
(6)
Fire and explosion hazards. All activities shall be carried on only
in buildings classified as fireproof by the Building Code of the Borough
of Red Bank, and as determined by the Bureau of Fire Prevention, 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 Bureau of
Fire Prevention.
(7)
Vibration.
(a)
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.
(b)
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 6.28FA, where F is the frequency of the vibration in cycles
per second and A 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.
(8)
Electromagnetic interference. There shall be no electromagnetic interference
that:
(9)
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.
(10)
Fire-resistant construction. All new construction and additions
shall be fire-resistant construction in accordance with the requirements
of the State Uniform Construction Code.
(11)
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.
(12)
Lighting and illumination. Artificial lighting or illumination
provided on any property or by any use shall adhere to the following
standards:
(a)
The illumination provided by artificial lighting on the property
shall not exceed 0.5 footcandle beyond any property line.
(b)
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.
(c)
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.[1]
[1]
Editor's Note: Original § 25-5.29, Property maintenance,
which immediately followed this section, was repealed at time of codification
of the Planning and Development Regulations.
[Amended 6-9-2009 by Ord. No. 2009-19[1]; 11-9-2011 by Ord.
No. 2011-18; 6-13-2018 by Ord. No. 2018-15]
A.
Purpose and intent.
(1)
The purpose of this section is to encourage desirable development
in those areas of the Borough which possess unique historical character
and to further enhance, promote and expand the cultural and historical
identity, character and environment of such areas through the review
and approval of exterior architectural design and other significant
features of buildings and other structures to be modified or erected
and/or sites to be improved.
(2)
It is intended that demolition of historic structures shall be discouraged
as their loss will be a common loss to the Borough and the neighborhood.
(3)
It is also intended that the Historic Preservation Commission shall
review plans for new construction so that such construction is compatible
with existing and nearby structures.
B.
Applicability. This section shall apply to the following:
C.
Application procedures to Historic Preservation Commission. An application
for a development (zoning) permit shall be required precedent to the
issuance of a building permit to construct, alter, repair, move or
demolish any building, structure or sign on the applicable historic
properties. The development permit application shall be made to the
administrative officer, pursuant to Borough codes. No development
permit shall be issued until a certificate of appropriateness has
been approved by the Planning Board, Board of Adjustment, or Historic
Preservation Commission, as the case may be. An application for approval
of a certificate of appropriateness shall be completed and filed with
the administrative officer not less than 10 days before an Historic
Preservation Commission meeting.
(1)
Minor and major applications. The administrative officer shall review
the application form and classify the application in accordance with
the following guidelines:
(a)
If a certificate of appropriateness is requested for an action
which will substantially affect the characteristics of the district
or historic site, the administrative officer shall classify the application
as a major application and notify the applicant to submit a full application,
which shall include architectural drawings and plans prepared by a
New Jersey licensed architect, photographs, sign designs, and other
information described in the Historic Preservation Commission's regulations.
The administrative officer shall be entitled to request and receive
assistance in the classification from the HPC.
(b)
If a certificate of appropriateness is required for an action
which will not substantially affect the historic site or district,
the administrative officer shall classify the application as a minor
application.
(c)
The completed minor application will be heard and acted upon
at the next regularly scheduled meeting of the Historic Preservation
Commission.
(d)
Major applications shall be acted on within 30 days after the
application is declared complete by the administrative officer. If
the HPC does not act on a major application within 45 days, the application
shall be deemed to have been approved as submitted, and the administrative
officer shall so certify. By mutual written agreement of the applicant
and the HPC, there may be an extension of time. The HPC may advise
the applicant and make recommendations in regard to the appropriateness
of the proposed action, and may grant approval upon such conditions
as it deems appropriate within the intent and purposes of this section.
The HPC shall decide on each application and shall reduce its findings
and conclusions in the form of a resolution to be adopted by the Commission.
(e)
Sign application. Any person seeking a construction permit to
construct, alter, repair, move, install or demolish a sign in the
Historic District or historic site outside of a district shall be
required to receive a certificate of appropriateness from the HPC.
All applications for a certificate of appropriateness for a sign shall
be classified as minor applications.
(2)
Decisions by the Historic Preservation Commission.
(a)
If an application is approved, the HPC shall issue a certificate
of appropriateness and provide the applicant with a certified copy
of the resolution. If disapproved, tile Commission shall notify the
applicant in writing of the resolution and provide to the applicant
a certified copy.
(b)
In the event that an applicant alleges that compliance with
the requirements of this section would be an unreasonable hardship
and that the nature of his application is such that the change sought
does not justify the time and expense of a plenary proceeding, will
not impact negatively on the public good, nor specifically on the
historic qualities sought to be preserved, the Commission, by a majority
vote of its full authorized membership, may grant such relief from
the requirements of this section as it deems consistent with the public
good and the purposes of this section.
(c)
An applicant may request that a certificate of appropriateness
be granted without fulfilling all the application requirements set
forth because the change contemplated shall not be visible from any
place to which the public normally has access and, therefore, cannot
adversely affect the public interest. In that event, the Historic
Preservation Commission, by a majority vote of its full authorized
membership, may determine that the criterion for such an exemption
has been met and may grant a certificate of appropriateness.
(3)
Effect of certificate of appropriateness approval; denial; appeal.
(a)
Issuance of a certificate of appropriateness shall be deemed
to be final approval pursuant to this section. Such approval shall
neither cause nor prevent the filing of any collateral application
or other proceeding required by any other Borough ordinance to be
made prior to undertaking the action requested concerning the historic
site or structure in the Historic District. A certificate of appropriateness
shall be valid for two years; within such time, the applicant shall
have procured a construction permit, or in the event that subdivision
or site plan approval is required, filed a complete application with
the Planning Board or Board of Adjustment, as the case may be, or
within such time as the HPC may deem it in the public interest to
grant, but in no circumstance shall such extension be for a period
greater than two years from the date of the expiration of the original
approval.
(b)
Denial of a certificate of appropriateness shall be deemed to
preclude the applicant from undertaking the activity applied for concerning
an historic site or structure in an historic district.
(c)
Appeal from a denial of the certificate of appropriateness shall
be to the Board of Adjustment under N.J.S.A. 40:55D-70a where no application
for development is required, and to the Superior Court where the certificate
of appropriateness is issued by the Planning Board or Board of Adjustment.
(4)
Emergency repairs. When emergency repairs are required, the administrative
officer shall notify the Chairman of the Historic Preservation Commission
or his designee, and a recommendation concerning the emergency repairs
shall be made within 48 hours. The administrative officer may allow
temporary repairs to a structure prior to the Historic Preservation
Commission's review when these repairs are necessary for the building's
occupancy or to ensure public safety contingent upon the application
for a certificate of appropriateness within 10 days of the onset of
such emergency repairs. Such emergency repairs shall have concluded
within 90 days unless written extensions are granted.
D.
Design guidelines.
(1)
Design objectives. All proposed development within any historic district
in the Borough of Red Bank should be designed to accomplish the following
objectives:
(a)
Recognize the distinctive historic and architectural characteristics
of the district. The characteristics are important reminders of the
Borough's cultural, social, economic, political and architectural
history.
(b)
Foster civic pride in the noble accomplishments of the Borough's
past.
(c)
Protect and enhance the attractiveness of the Borough for tourists,
visitors and shoppers and thereby support and promote business, commerce,
industry and overall economic benefit to the Borough.
(2)
General design standards. Every development shall comply with these
general standards:
(a)
Site and building design shall be compatible with surrounding
sites and buildings and with the character of this Historic District
as a whole.
(b)
The preferred architectural styles shall be those which predominated
during the Victorian era, the primary period of Historic District
building activity. The urban vernacular architecture generated during
this period in Red Bank was "Italianate Commercial," "Eclectic Commercial"
and "Victorian Functional." See "Nineteenth Century Red Bank" by Kathleen
J. Murray, 1981, on file in the office of the administrative officer,
for more details on architectural styles.
(c)
Contemporary design is not encouraged but shall be permitted
when such design is compatible in character, size, scale, setback,
style, color and materials with adjacent properties, the remainder
of the neighborhood and the Historic District as a whole. See Figures
I and II.[2]
[2]
Editor's Note: Figures I and II were repealed 6-9-2009 by
Ord. No. 2009-19.
(d)
Colors utilized should be appropriate to the concept of the
Historic District. Subdued colors, earth tones and colors appropriate
to the architectural period of the structure are encouraged.
(e)
Landscaping should be compatible with the architectural character
and appearance of the site and structure and with the Historic District
as a whole.
(f)
Reasonable efforts shall be made to discover, protect and/or
preserve desirable archaeological resources which are likely to be
affected by any proposed development or to incorporate an original
architectural design, material composition, and/or maintain and not
destroy any surrounding historical structures.
(g)
Designs which seem to produce a distinctive or dramatic result
and purposely include features which set them apart from the balance
of the Historic District are discouraged.
(h)
Signs shall be appropriate to the concept of the Historic District
and shall be selected with a view to both historical appropriateness
and conformance with the Borough's sign regulations.
(i)
Exterior building materials shall be appropriate to the architectural
style selected. Use of masonry and, where appropriate, wood is encouraged,
and the use of brick with appropriate attention given to color, texture,
details, and bond pattern is usually appropriate. Other exterior materials,
including marble, granite and limestone, are permitted, provided that
they are appropriate to the style of the structure. Use of diagonal
and vertical wood patterns, wood paneling, particularly upon upper-level,
metal storefront and panels, glazed tile and similar materials and
techniques incompatible with the significant structures in the district
is discouraged.
(3)
Guidelines for existing structures. Every development involving an
existing structure shall comply with these guidelines:
(a)
Sensitive treatment of distinctive stylistic features or examples
of skilled craftsmanship that characterize a building or site.
(b)
Maintenance of proportions and relationship between doors and
windows in a manner compatible with the original structure's architecture
and with substantial adjacent buildings and other structures within
the district; minimum alteration of dimensions and locations of upper-story
windows.
(c)
When appropriate, restoration and/or repair rather than replacement
of deteriorated architectural features.
(d)
Removal of discordant building elements, especially if such
removal will expose attractive details of the original building.
(4)
These actions/activities are prohibited:
(a)
Alterations or renovations which are arbitrary and seem to create
the appearance of an architectural period not appropriate to the district.
(b)
The renovation of street-level storefronts in a manner inconsistent
and incompatible with the upper stories of a structure.
(c)
Conversely, the renovation of the upper stories of a structure
in a manner inconsistent and incompatible with the other portions
of the structure or adjacent structures.
(d)
The use of surface cleaning techniques or other construction
methods which are likely to damage finishes, details, or other desirable
architectural elements.
(e)
The alteration, destruction or removal of existing historic
structures which are ancillary to existing or formerly existing historic
structures, including but not limited to barns, walls, clocks, pillars,
and signs.
(5)
Guidelines for new structures. Every development involving a new
structure shall comply with these guidelines:
(a)
Height and setback distance from the street should be compatible
with substantial adjacent buildings and other structures in the district.
(b)
Designs in the Historic District need not be replicas of old
buildings, but identified architectural styles should be similar and
compatible.
(c)
Roofs should be compatible with the architectural styles and
surrounding structures in the Historic District.
(d)
Size and mass of structures should reflect the neighborhood
scale and the form of buildings and spaces in the district. Regardless
of traditional or contemporary design, a new building should relate
to the old in terms of the mass of the walls versus openings in the
walls and in the differentiation between first-floor uses and upper-floor
uses.
(e)
Facades of new structures should blend with other structures
with regard to directional expression. New structures should be compatible
with dominant horizontal and vertical expression of surrounding buildings.
(f)
Building scale, setback, mass, and landscaping should be representative
of early 20th century, pedestrian-safe, and friendly, walkable business
and residential neighborhoods.
[1]
Editor's Note: This ordinance also repealed Figure I, Compatible
Design, Figure II, Incompatible Design, and Figure III, Signs, which
were previously a part of this section (original § 25-5.30).
A.
The municipal agency may approve cluster (reduced lot size) development
when permitted in a particular zone district if the municipal agency
is satisfied that the property proposed for such development is suitable
and that the intent and purposes of the Master Plan and this chapter
will be advanced by such development.
B.
The applicant will submit a written request to utilize this criteria
with a sketch plat submission. The applicant's request will contain
a complete description of the development, an explanation and evaluation
of advantages and disadvantages, an explanation of this disposition
of any open space, a sketch plat of a conventional subdivision of
the property requiring no variance and a sketch plat of the proposed
development with the same number of units as the conventional subdivision.
C.
Minimum requirements for cluster (reduced lot size) development will
be:
(1)
Tract
size: 10 acres.
(2)
Minimum
lot frontage: 50% of zone district requirement.
(3)
Minimum
lot width: 66 2/3% of zone district requirement for lot frontage.
(4)
Minimum
lot area: 50% of zone district requirement.
(5)
Minimum
front yard setback: same as zone district requirement.
(6)
Minimum
rear and side yard setbacks and other bulk requirements may be determined
by the municipal agency based on site characteristics and submissions
by the applicant regarding housing types and building design.
[Added 9-11-2013 by Ord. No. 2013-18]
A.
Drive-through/drive-up
facilities consisting of drive-up windows, drive-through aisles, and,
in the case of fast food service uses, associated menu boards shall
be permitted for banks and other financial institutions, fast food
service uses and pharmacy uses. The lot line of the parcel on which
the drive-through/drive-up facility is located shall be a minimum
of 100 feet from a residential zone.
B.
The minimum setback of the drive-through lane shall be 15 feet from the property line of any adjoining residential use on the side of the building with the drive-through/drive-up window. In addition, the drive-through/drive-up facility shall be screened along the common property line of any adjoining residential use in accordance with the buffer and screening requirements of § 490-81B(4).
C.
Structures
such as drive-through canopies and facilities for customer transactions,
whether attached or detached to the principal building, shall comply
with all yard setbacks of a principal building of the applicable zone
district.
[Added 8-18-2021 by Ord. No. 2021-17]
Cannabis businesses shall be permitted, pursuant to this chapter,
only if the following requirements are complied with:
A.
The regulations of this section are subject to the enabling authority
of the State of New Jersey and are subject to compliance with all
statutes and/or regulations adopted by the State of New Jersey or
its instrumentalities. If any provision of this section is inconsistent
with the statutes and/or regulations of the State of New Jersey, the
state statutes and/or regulations shall prevail.
B.
Prior to the operation of any cannabis business, a permit or license
must be obtained from the State of New Jersey and from the Borough
of Red Bank for the applicable type(s) of cannabis business. No cannabis
business shall be permitted to operate without state and Borough permits
or licenses.
C.
Permitted uses shall, at all times, comply with the terms and conditions
of the licensee's cannabis business license for permits or licenses
issued by the State of New Jersey and the Borough.
E.
No cannabis business shall be housed in a vehicle or any movable
or mobile structure.
F.
Cannabis businesses shall have equipment to mitigate odor. The cannabis
business shall be equipped with a ventilation system with carbon filters
sufficient in type and capacity to mitigate cannabis odors emanating
from the interior of the premises.
G.
Outside generators and other mechanical equipment used for any kind
of power supply, cooling, or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise reduction systems
to mitigate noise pollution.
H.
All cannabis businesses shall be secured in accordance with State
of New Jersey statutes and regulations; shall have a round-the-clock
video surveillance system, 365 days a year; and shall have trained
security personnel on site at all times during operating hours.
I.
All cannabis businesses must provide the Red Bank Police Department
with access to security footage immediately upon request by the Borough.
J.
Cannabis business signage shall not contain text and/or images intended
to promote excessive consumption of legal cannabis products. The signage
shall not have the words "weed" or "marijuana," or depict marijuana
or cannabis plants, or contain graphics indicating such images or
wording.
K.
The applicant shall submit a written report setting forth the full
particulars of the proposed use, including hours of operation, anticipated
customer volume, parking facilities necessary to service such customer
volume and measures to be taken to avoid nuisance effects upon adjacent
and nearby residential areas.
L.
Cannabis businesses shall be prohibited in any area in which, under
state or federal law, any cannabis business would be prohibited from
operating based upon its proximity to a school, park, housing authority
property, public or private youth center, or swimming pool.
