[Amended by Ord. No. 1231; Ord. No. 1269; Ord. No. 1277; Ord. No. 1292; Ord. No. 1347; Ord. No. 1441; Ord. No. 1509; Ord. No. 1569; Ord. No. 1633]
A.
All construction shall be performed in accordance
with the details and specifications of the municipality and the Standard
Specifications for Road and Bridge Construction of the New Jersey
Department of Transportation.
B.
The developer shall employ a New Jersey licensed professional
engineer and/or architect to prepare all plans and specifications
or similar documents and a licensed land surveyor of New Jersey to
make land surveys.
C.
Construction shall be performed under the supervision
and inspection of the Municipal Engineer in accordance with the regulations
defined elsewhere herein.
D.
Minor modifications or changes in the approved plans
and specifications may be effected only upon written approval of the
Municipal Engineer, but some changes may require further review and
approval of the approving board prior to making any change.
E.
The 1985 Design Standards and Details prepared by
CME Associates are adopted in whole by reference hereto within the
performance standards of this chapter.
F.
The "Ordinance Establishing Requirements, Standards
and Procedures for Construction of and Payment for Off-Site Improvements"
is adopted in whole by reference hereto within the performance standards
of this chapter.
G.
The "Ordinance for the Protection of Trees" is adopted
in whole by reference hereto within the performance standards of this
chapter.
A.
Purpose. The purpose of this section is to establish
rules, regulations, standards and procedures for the preparation of
an environmental impact statement by the applicant in order to provide
essential information to the appropriate reviewing board so that the
environmental consequences of a proposed activity can be evaluated
and controlled for the promotion of the safety, public health, convenience
and general welfare of the community. The environmental impact statement
shall describe, with suitable sketches and plans, the proposed project.
The environmental impact statement shall complement, rather than duplicate,
the site plan and building plan and shall include a survey and description
of the environmental features of the property.
B.
Applicability. All applications for subdivision, site
plan, use variance, or conditional use for any application involving
one acre (43,560 square feet) or more of land shall be required to
include an environmental impact statement as part of the application
submission documentation.
C.
The preliminary plat for any development of one acre
or more shall be accompanied by an environmental impact statement
complying with the following, unless, as a result of data submitted
prior to the preliminary plat, the approving authority shall have
waived or modified certain portions of these requirements:
(1)
A description of the development specifying what is
to be done during construction and operation, how it is to be done,
and practical alternate plans to achieve the objective(s).
(2)
An inventory of the following on-site environmental
conditions and an assessment of the probable impact of the development
upon them: water supply; water quality; floodplain protection; geology;
soil erosion; wetlands; sewage disposal; topography; slopes in excess
of 10%; vegetation and vegetation protection; depth to bedrock; noise
characteristics and levels; air quality; land use; site aesthetics,
such as views, terrain and mature wooded areas; and historic sites.
Air and water quality shall be described with reference to standards
promulgated by the Department of Environmental Protection of the State
of New Jersey, and soils shall be described with reference to Natural
Resources Conservation Service categories and characteristics.
(3)
A list and the status of the licenses, permits and
approvals needed from federal, state or county agencies, including
the conclusions and comments of these governmental agencies.
(4)
An evaluation of any adverse environmental impacts
which cannot be avoided. Particular emphasis shall be placed upon
air or water pollution, traffic increases, increase in noise, increase
in sedimentation and siltation, increase in municipal services or
capital needs and consequences to the municipal tax structure. The
evaluation should include how the developer can assist in minimizing
the adverse impacts by altering design concepts or by making or participating
in on- or off-tract improvements.
(5)
In conjunction with the submission of an environmental
impact statement, the applicant shall prepare and submit a fiscal
impact analysis which shall detail all municipal costs to be generated
by the proposed development, identified by type of obligation, such
as, but not limited to, public safety, public works, health and welfare,
recreation, education, administration, utilities, garbage, etc. All
anticipated municipal revenues to be realized by the creation of the
proposed development shall be identified. In both cost and revenue
analysis, dollar values used shall reflect the current year of application
budgeting-dollar equivalents for comparative purposes. A determination
of annual net cost/revenue shall be provided. This cost revenue analysis
shall be provided via annual projection to the year of projected one-hundred-percent
project build-out completion.
D.
Information required.
(1)
General requirements. The information required shall
be presented in a concise descriptive report. The descriptive report
shall be supplemented with graphic and explanatory material when environmentally
sensitive areas are involved. Environmentally sensitive areas include,
but are not limited to, stream corridors and floodplains, depth to
bedrock of less than two feet, streams and water bodies, wetlands,
slopes greater than 10%, highly acid or erodible soils, mature stands
of trees, aquifer recharge areas, aquifer discharge areas and unique
natural features and habitats.
(2)
Specific requirements.
(a)
Project description. Describe the suitability
of the site for the intended use and indicate the extent to which
the site must be altered, the kinds of facilities to be constructed,
the uses intended and an estimate of the resident population and working
population. The compatibility or incompatibility of the proposed project
shall be described in relation to the following:
(b)
Site description and inventory.
[1]
Types of soil. A complete mapping of all soil
types on the site shall be required and a description of each soil's
characteristics shall be included, with a reference to the Soil Survey
of Middlesex County, New Jersey. The statement should make specific
reference to the Soil Survey Tables for Engineering Index Properties,
Soil and Water Features, and, where applicable, Sanitary Facilities.
[2]
Topography. Describe the topographic conditions
of the site.
[3]
Geology. Describe the geologic formations and
features associated with the site as well as depth to bedrock conditions.
Delineate those areas where bedrock is in close proximity to the surface
(within two feet of the surface) as well as major rock outcroppings.
[4]
Vegetation. Map and describe the diversity and
frequency of all major species.
[5]
Wildlife. Describe the diversity and extent
of wildlife habitats. Identify any unique habitats.
[6]
Surface water. Describe and map existing watercourses
and water bodies that are partially or totally on the site. Determine
the existing surface runoff from the site. Existing drainage structures
shall be mapped, and the capacity of the drainage network shall be
determined. When the natural drainage pattern will be significantly
altered or sewage effluent is to be added to a watercourse or body,
an analysis shall be conducted which will investigate flow, depth,
capacity and water quality of the receiving waters.
[7]
Subsurface water. Where existing conditions
warrant, describe the subsurface water conditions on the site, in
terms both of depth to groundwater and of water supply capabilities
of the site. From existing data, provide detailed information regarding
existing wells within 500 feet of the site as to depth, capacity and
water quality.
[8]
Unique, scenic and/or historic features. Describe
and map those portions of the site which can be considered to have
unique scenic and/or historic qualities. Discuss views to and views
from prominent locations.
[9]
Existing development features. Describe any
existing features on the site that are not considered to be part of
the natural environment. Include roads, housing units, accessory structures,
utility lines, sewage facilities and public water supplies, When required,
a regional analysis should be included which describes existing infrastructure
for stormwater, sewerage, water supply and transportation.
(c)
Environmental impact.
[1]
Describe on-site sewerage facilities and off-site
sewerage connections. Demonstrate adequacy of both on-site and off-site
sewerage facilities and capacities and that the sewage can be disposed
of without pollution to natural and man-made water systems.
[2]
Demonstrate that an adequate potable water supply
is available for both domestic use and fire protection and demonstrate
compliance with N.J.S.A. 58:12A-1 et seq., New Jersey Safe Drinking
Water Act, and BH Chapter 4, Individual and Semipublic Water Supply
Code.
[3]
Discuss the effect of the proposed activity
on groundwater and surface water quality and quantity. Include calculations
of before development and after development infiltration capacity.
Describe any activities which may result, even temporarily, in compliance
with relevant water quality standards and demonstrate ability to comply
permanently with state and local regulations as set forth in N.J.S.A.
26:3B-2 and 25:3B-3, Nuisances; N.J.A.C. 7:14, Water Pollution Control
Act; N.J.A.C. 7:14A-1, New Jersey Pollution Discharge Elimination
System; BH Chapter 2, Section 2-11c., Public Health Nuisance Code;
and BH Chapter 12, Water Supply Protection.
[4]
Describe any impact on stream corridors, wetlands,
erodible soils, vegetation, wildlife habitats, aquifer recharge areas
and historically or archeologically significant areas.
[5]
Describe any effect, including cumulative effects, of the proposed activity on air quality surrounding the project. Demonstrate compliance with relevant state and local regulations and standards for visible and invisible pollutants in the air as set forth in N.J.A.C. Chapter 27, Air Pollution Control; BH Chapter 2, Section 2-11d, Public Health Nuisance Code; and BH Chapter 16, Air Pollution Control.
[6]
Demonstrate that there will be no significant
increase in sound levels which will adversely impact public health
and welfare nor be detrimental to the quality of life and privacy
of the surrounding community. Demonstrate compliance with N.J.A.C.
7:29, Noise Control, and BH Chapter 2, Section 2-11c., Public Health
Nuisance Code.
[7]
Describe any hazardous substances to be transported
to or from or to be stored at the site and solid waste which will
be generated by the proposed activity. Demonstrate compliance with
relevant state and local regulations and standards as set forth in
N.J.S.A. 13:1K-6, Environmental Cleanup and Responsibility Act; N.J.A.C.
7:19, Discharges of Petroleum and Other Hazardous Substances; N.J.A.C.
7:30, Pesticide Control; and BH Chapter 17, Hazardous Substance Control.
[8]
Describe the environmental impact of traffic
generation.
[9]
Describe any adverse environmental effect that
may occur during the construction phase of the project.
[10]
List all publications, file reports,
manuscripts or other written sources of information related to the
project, the project site and the Borough which were consulted and
employed in the compilation of the environmental impact statement.
[11]
Demonstrate that there will be
no adverse impact to environmentally sensitive areas from the proposed
development.
[12]
Demonstrate that there will be
no adverse impact to traffic safety from the proposed development.
(d)
Environmental performance controls. Describe
in detail what measures will be employed during the planning, construction
and operation phases which will minimize or eliminate negative impacts
on and off site resulting from the proposed activity, including, but
not limited to:
[1]
Site design techniques sensitive to the natural
environment, which should include innovative landscapes, building
and circulation design and buffers.
[2]
Drainage plans which would limit off-site runoff.
[3]
Sewage disposal techniques.
[4]
Water supply and water conservation proposals.
[5]
Energy conservation measures.
[6]
Pollution control measures that favorably affect
air quality and water quality and reduce noise.
[7]
Open space reserves.
[8]
Procedures for chemical spill prevention, control
and cleanup.
(e)
The name and address of the person, persons,
or entity who prepared the environmental impact statement and their
curriculum vitae.
(f)
Disposition. The municipal reviewing board shall
use the environmental impact statement and, where appropriate, formulate
reasonable and necessary conditions of approval which will mitigate
adverse environmental impact.
(g)
Notwithstanding the foregoing, the approving
authority may waive the requirement for all or part of an environmental
impact statement if sufficient evidence is submitted to support a
conclusion that the proposed development will have a slight or negligible
environmental impact or upon a finding that the complete environmental
impact statement need not be prepared in order to evaluate the environmental
impact of the development.
[1]
Editor's Note: Former § 230-82, Height, was repealed 8-2-2022 by Ord. No. 22-2055. See now § 230-149.1B, Height exemptions.
The lawful use of land, buildings or structures
existing when this chapter was adopted may be continued on the lot
or in the structure although they may not conform to this chapter,
and any such structure may be restored or repaired in the event of
partial destruction thereof; provided, however, that none shall be
enlarged, extended, relocated, converted to another use or altered,
except in conformity with this chapter and as permitted below. Land
on which a nonconforming use or structure is located and any nonconforming
lot shall not be subdivided or resubdivided so as to be made more
nonconforming in any manner.
A.
Abandonment. A nonconforming use shall be considered
abandoned if it is terminated by the owner; if a nonconforming use
involving a structure is discontinued; or if a nonconforming use of
land without structure(s) ceases. The subsequent use of the abandoned
building, structure and/or land shall be in conformity with this chapter.
B.
Conversion to permitted use. Any nonconforming building,
structure or use may be changed to conform to this chapter but shall
not be changed back to a nonconforming status. Site plan review and
approval of a conversion shall be required, except where the Construction
Official and Zoning Officer certify that the existing site development
meets the requirements of this chapter for the new use.
C.
Maintenance may be performed on a nonconforming use,
structure or lot, provided the maintenance work does not change the
use, expand the building or the functional use of the building, increase
the area of a lot used for a nonconforming purpose or increase the
nonconformity in any manner.
D.
Nonconforming lots and structures. For any existing
lot on which a building or structure is located and which lot does
not meet the minimum lot size or structure which violates any yard
requirements, there may be additions to the principal building and/or
construction of an accessory building without an appeal for variance
relief, provided that:
(1)
The existing use on the lot is conforming to the permitted
use stipulated in this chapter for the lot in question;
(2)
The total permitted building coverage is not exceeded;
and
(3)
The accessory building and/or addition do not violate
any other requirements of this chapter, such as but not limited to
height, setback and parking requirements.
E.
Restoration and repairs.
(1)
Any nonconforming building, structure or use which
has been condemned or damaged by fire, explosion, flood, windstorm
or act of God shall be examined by the Code Enforcement Officer. If
in his opinion the value of repairing the condition is greater than
50% of the value of replacing the entire structure, it shall be considered
completely destroyed and may be rebuilt to the original specifications
only upon approval of a use variance as provided by this chapter.
(2)
Where the value of repairing the condition is determined
to be less than or equal to 50% of the value of replacing the entire
structure, the nonconforming structure or use may be rebuilt and used
for the same purpose as before, provided it does not exceed the height,
area and bulk of the original structure.
(3)
The percent damaged or condemned shall be the current
replacement costs of the portion damaged or condemned computed as
a percentage of the current replacement cost of the entire structure,
neither to include the cost of the foundation unless the foundation
is damaged or condemned.
F.
Sale. Any nonconforming use, structure or lot may
be sold and continue to function in the same nonconforming manner.
A.
Before final approval of a subdivision or site plan,
the approving authority may require, in accordance with the standards
of this chapter and an adopted circulation plan and utility plan,
the installation, or the furnishing of a performance guarantee in
lieu thereof, of any or all of the following off-site and off-tract
improvements which are necessary or appropriate for the protection
of the public interest by reason of the development's effect on land
other than the developer's property: street improvements, water system,
sewerage, drainage facilities and easements therefor.
B.
Where such improvements are required, the approving
authority shall refer the requirements to the governing body for concurrence
and for approval of a performance guarantee, if any. If the governing
body does not take action on the improvements and the applicable performance
guarantees within the time the approving authority must act, the approving
authority may grant conditional approval of the plan.
C.
The governing body shall determine as to each required
improvement whether it is to be paid for entirely by the municipality,
entirely by the developer or cooperatively by the developer and the
municipality in accordance with fair and reasonable standards to determine
the proportionate or pro rata amount of the cost of such facilities
that shall be borne by each developer or owner within a related or
common area.
D.
The financing and construction of the improvements
shall be arranged in one of the following manners:
(1)
If constructed by the municipality and all or a portion
of the improvements are the financial responsibility of the developer,
the developer's share shall be paid to the municipality in cash or
certified check prior to the final approval of the plan.
(2)
If constructed by the developer and all or a portion of the improvements are the financial responsibility of the municipality, the developer shall be paid the municipal share in accordance with the terms of the construction contract, and the completion of the work shall be guaranteed in an amount and under the terms set forth in "Guarantees and Inspections" (see Article XI).
A.
Electricity. Electronic equipment shall be shielded
so there is no interference with any radio or television reception
beyond the operator's property as the result of the operation of such
equipment.
B.
Glare. No use shall direct or reflect light beyond
its lot lines. Exterior lighting and lighting resulting from any manufacturing
or assembly operations shall be shielded, buffered and directed as
approved on the site plan so that any glare, direct light or reflection
will not interfere with the normal use of nearby properties, dwelling
units and streets.
C.
Heat. Sources of heat, including but not limited to
steam, gases, vapors, products of combustion or chemical reaction,
shall not discharge onto or directly contact structures, plant life
or animal life on neighboring uses or impair the function or operation
of a neighboring use. No use, occupation, activity, operation or device
shall cause an increase in ambient temperature as measured on the
boundary between neighboring uses.
D.
Radioactivity. No use, activity, operation or device
concerned with the utilization or storage of radioactive materials
shall be established, modified, constructed or used without having
first obtained valid permits and certificates from the Office of Radiation
Protection, New Jersey Department of Environmental Protection. Proof
of compliance with this requirement shall be the submission of duplicate
copies of said permits and certificates.
E.
Vibrations.
(1)
Standard. Ground-transmitted vibrations shall be measured
with a seismograph or complement of instruments capable of recording
vibration displacement and frequency in the three mutually perpendicular
directions simultaneously.
(2)
Vibration level restrictions. Vibration levels shall
not exceed a particular velocity of 0.05 inch per second in any district.
During the hours of 9:00 p.m. to 7:00 a.m. in residential districts,
vibration levels shall not exceed a particle velocity of 0.02 inch
per second. Measurements shall be made at the points of maximum vibration
intensity and on or beyond adjacent lot lines or neighboring uses,
whichever is more restrictive.
F.
Airborne emissions. In all districts, no use, activity,
operation or device shall be established, modified, constructed or
used without having first obtained valid permits and certificates
from the Bureau of Air Pollution Control, New Jersey Department of
Environmental Protection, pursuant to N.J.A.C. 7:27-8. Specifically,
no use, activity, operation or device shall be established, modified
or constructed without a valid permit to construct. No use, activity,
operation or device shall be operated, occupied or used without a
valid certificate to operate control apparatus or equipment. Proof
of compliance with this requirement shall be the submission of duplicate
copies of the permit to construct and certificate to operate.
G.
Odorous matter. No odor shall be emitted that is detectable
by the human olfactory sense at or beyond an adjacent lot line.
H.
Noise emissions. Noise level restrictions. Noise shall
not exceed the maximum sound levels specified in the following table.
|
Noise Level Restrictions
| |||
|---|---|---|---|
|
Performance Category
|
Maximum Level Permitted
(dBA)
|
Where Measured
| |
|
Residential districts
|
55*
|
On or beyond the neighboring use or lot line
| |
|
All other districts
|
65
|
On or beyond the district boundaries
| |
|
*NOTE: In any residential district, the A-weighted
sound levels shall not exceed 45 decibels during the hours of 9:00
p.m. to 7:00 a.m. Whenever a residential district abuts any other
district, the most restrictive of the limitations shall apply.
|
I.
Storage and waste disposal.
(1)
In all districts permitting an operation, use or any
activity involving the manufacture, utilization or storage of flammable,
combustible and/or explosive materials, such operation shall be conducted
in accordance with the regulations promulgated by the Department of
Labor and Industry of New Jersey or the Fire Code of the National
Fire Protection Association, whichever is more restrictive.
(2)
All flammable, explosive and/or combustible material
shall be stored in accordance with the National Fire Protection Association
or Department of Labor and Industry Codes, whichever is more restrictive.
(3)
All outdoor storage facilities for fuel, raw materials
and products stored outdoors, wherever permitted, shall be enclosed
by a conforming safety fence and visual screen and shall conform to
all yard requirements imposed upon the principal buildings in the
district and storage regulations of the National Fire Protection Association.
(4)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
(5)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in containers that are adequate to eliminate such hazards.
No lot shall have erected upon it more than
one principal permitted use. No more than one principal building shall
be permitted on one lot, except that a shopping center, apartment
or planned multifamily residential development project and industrial
complex all receiving site plan approval, may be permitted to have
more than one building on a lot in accordance with the standards of
the zoning district in which it is located.
A.
All improvements, except electric, gas, private utility
lines and telephone lines, shall be subject to the inspection and
approval of the Municipal Engineer, and the Utilities Department shall
do its own inspection.
B.
The office of the Municipal Engineer shall be notified
in writing at least 72 hours prior to commencement of any phase of
the project.
C.
No underground installation shall be covered until
inspected and approved by the Municipal Engineer.
D.
Where, in the opinion of the Municipal Engineer, materials
shall be tested for conformance with specifications, the property
owner or developer (in the case of a subdivision) shall be responsible
for all costs charged by the testing agency selected by the Municipal
Engineer.
E.
After the completion of the foundation walls of a
building or structure, the owner or his designated representative
shall cause a survey to be made by a licensed land surveyor, such
survey to show the true location of such foundation walls with respect
to the lot lines of the lot being developed, the finished floor elevation
and lot elevations. A copy of such survey shall be filed with the
Construction Official for his review before any further construction
is commenced.
F.
G.
Changes in plans; final approval.
(1)
No minor changes can be made to the approved site
plan unless granted in writing by the Municipal Engineer. Any major
changes may necessitate another review by the Planning Board.
(2)
Final approval by the Municipal Engineer will not
be given until the project is 100% completed, inspected and certified
in writing by the Municipal Engineer that the project has been built
in accordance with the plans and specifications of the approved project.
A.
Prior to the acceptance by the municipality of any
improvement in a subdivision and the release of a performance guarantee
covering same, there shall be filed with the Municipal Engineer one
cloth-backed plus one transparency on cloth plus five prints of as-built
plans and profiles drawn to a suitable scale. Such drawings shall
show how the improvements were actually constructed and installed
and be certified as to accuracy.
B.
Whenever in the opinion of the Municipal Engineer
as-built plans are required for improvements other than subdivisions,
this shall be made a condition of approval and included in the resolution.
The specific requirements of the as-built plans shall be provided
in writing by the Municipal Engineer.
Where title to an undersized lot is held by
an individual, partnership or corporation which also holds title to
an adjacent lot, the undersized lot shall be deemed to be merged with
the said adjacent lot for the purposes of applying the regulation
of this chapter, and neither lot may be conveyed to another person
without first obtaining a subdivision.
A.
Subsequent to approval by the Borough of an application
for development, all owners, developers and subdividers having an
interest in a major subdivision or major residential site plan in
the Borough of Highland Park shall display within each of their sales
offices and the sales office of any broker or agent engaged by them
for the purpose of selling residential dwellings the following:
(1)
A project location and vicinity map in a place that
may be observed and reviewed by any person(s) calling at the office.
(2)
A copy, on standard legal-size paper, in type or clear
print, of any proposed protective or restrictive covenants and easements
to be applied to all or any portion of the lands within the subdivision.
(3)
A copy of any revisions to the site plan or subdivision
approved by the Planning Board or Zoning Board of Adjustment and all
approved revisions or field changes to construction plans. Any such
revised item or plan sheet shall have a notation marked on the original
document that it is "REVISED" as of (date).
(4)
A public offering statement for the entire development
filed with the New Jersey Department of Community Affairs if the tract
of land is to be developed as a planned unit residential development,
as that term is defined in the Municipal Land Use Act.
(5)
A copy of the environmental impact statement (EIS)
as described above, if required for the project.
(6)
A statement advising with respect to each dwelling
whether the homeowners' warranty program is applicable.
B.
The project location and vicinity map shall be based
on the Official Tax Map information or some other similarly accurate
base, at the scale of not less than 100 feet to an inch or greater
throughout the map, which said scale shall be clearly indicated thereon
and shall be consistent in all directions shown thereon. The map shall
show the owner's approved subdivision and all lands within a radius
of 2,000 feet of the subdivision, within or without the Borough of
Highland Park.
C.
The map shall clearly show and include for the development
and for the area within 1,000 feet surrounding the development in
all directions the following information:
(1)
The location of proposed streets and the layout of
proposed lots within the development.
(2)
The location of all state, county and municipal roads
in existence on the date of the final approval of the development.
(3)
The location of all proposed roads as shown on the
Official Master Plan adopted by the appropriate agency of the state,
county or municipality.
(4)
The location of all existing structures and wooded
areas within the development.
(5)
A designation of the zoning district of property to
be developed and the zoning districts of all contiguous properties
within the distance of 200 feet.
(6)
The location of all railroads and rights-of-way for
public utilities.
(7)
The location of all public or private utility plants;
the location of all known current and former sanitary landfill and
hazardous waste site operations or any subsurface structure used to
affect or control the terrain or topography, identifying the nature,
size, composition and location of said structure; the location of
all Superfund sites as listed within the Middlesex County Solid Waste
Management Program.
(8)
The location of all schools, parks, playgrounds, public
buildings and hospitals.
(9)
The location of all streams, ponds and watercourses
and a reference as to whether flood hazard insurance is required with
respect to any portion of the site.
(10)
The location of all drainage ditches.
(11)
The size of each parcel in the subdivision to
be offered for sale, whether improved or unimproved.
D.
Each purchaser of property subject to this section
shall be provided a copy of this section and all information called
for thereunder; a document signed by such purchaser indicating receipt
of the aforementioned material shall be retained by the seller as
part of its closing file.
[Amended by Ord. No. 1231; Ord. No. 1269; Ord. No. 1277; Ord. No. 1292; Ord. No. 1347; Ord. No. 1441; Ord. No. 1509; Ord. No. 1569; Ord. No. 1633]
For any application involving an adult bookstore,
the approving authority shall review compliance with the following
standards:
A.
Adequate off-street parking shall be provided at a
rate consistent with established standards for retail business use
in this chapter.
B.
No adult bookstore shall be located within 1,000 feet
of any other adult bookstore or within 1,000 feet of a community facility,
elementary, middle or high school, church, synagogue, playground or
public park.
C.
The approving authority shall determine that the site
plan is compatible to the adjacent use. Buffers shall be required
and shall be constructed in conformance with the provisions of this
chapter.
D.
The approving authority shall determine whether the
relationship of the proposed use to streets and adjacent properties
and other physical features might act as a deterrent to the general
welfare.
New and used automobile dealers may be permitted
in those districts designated in this chapter upon application for
a permit and upon determination by the approving authority that the
following standards and conditions are met:
A.
A set of plans, specifications and plot plans shall
be filed with the approving authority, showing overall dimensions,
topographic conditions, the location and intended use of existing
and proposed buildings, the relationship of the proposed use to streets
and adjacent properties and other physical features which might act
as a deterrent to the general welfare.
B.
Before issuing a permit, the approving authority shall
determine that the following standards are met:
(1)
The minimum lot area shall be 40,000 square feet and
the minimum frontage shall be 200 feet.
(2)
No automobile or truck shall be displayed closer than
10 feet to the front property line. This setback area shall be landscaped
and shall not be used for off-street parking or any other purpose.
This landscaped area shall be six feet from the edge of the sidewalk
and contain either a brick wall two feet in height and capped with
a stone or cast stone slab or a dense evergreen hedge of the same
height. The landscaped area between the edge of the property line
and the brick wall or hedge shall be planted with street trees no
more than 30 feet on center.
(3)
All such uses shall be subject to site plan review
and shall address the effective handling of customer parking, on-site
traffic circulation, and perimeter buffering in conformance with this
chapter. Customer parking shall be provided on site at the rate of
one space for every 10 spaces available for vehicle display.
(4)
Automobile prices or year of manufacture shall not
be boldly displayed on the automobile in a manner which would be legible
from the roadway. The purpose of this regulation is to avoid undue
distractions to the traveling public.
(5)
Banners, flags, movable signs, flashing lights, pennants,
rotating devices or similar devices shall not be permitted. Signs
shall conform to the requirements of the municipal sign ordinance.
(6)
No facilities for automobile body repair or mechanical
repair shall be permitted to be located on the premises used for sales
and showrooms of new and used automobiles except those facilities
necessary for the preparation or maintenance of automobiles sold upon
said premises and only where said facilities are clearly incidental
and subordinate to the principal use.
A.
Bikeways may be required at the approving authority's
discretion, depending on the development's location in relation to
schools, recreation areas, shopping facilities and other populated
areas. Bicycle traffic shall be separated from motor vehicle and pedestrian
traffic as much as possible.
B.
Bikeways shall generally not exceed a grade of 3%,
except for short distances, and shall be a minimum of eight feet wide.
Bikeways shall have a minimum four-inch base of crushed stone and
a two-inch FABC-2 surface course. Where bike paths located outside
street rights-of-way intersect a street, the curbing shall be ramped
for bicycle access to the street grade, and the applicant shall be
required to post adequate signs for the street, warning vehicles of
the bicycle crossing.
A.
Function and materials. Buffering shall provide a
year-round visual screen in order to minimize adverse impacts from
a site on an adjacent property or from adjacent areas. It shall consist
of fencing, evergreens, berms, mounds or combinations to achieve the
stated objectives.
B.
When required. Buffer areas shall be required along
all lot lines and street lines which separate a nonresidential use
from either an existing residential use or residential zoning district
and/or where the approving authority has determined that there is
a need to shield a site from adjacent properties and to minimize adverse
impacts such as incompatible land uses, noise, glaring light, and
traffic.
C.
Where required. Buffer areas shall be measured from
property lines. Buffers shall be at least 10 feet in width, measured
from the property line except where otherwise stated.
D.
Parking areas, garbage collection and utility areas,
and loading areas shall be screened around their perimeter by a buffer
a minimum of five feet wide.
E.
All buffer areas shall be planted and maintained with
either grass or ground cover, together with a living wall screen of
live shrubs or scattered planting live trees, shrubs or other plant
material meeting the following requirements:
(1)
The preservation of all natural wooded tracts shall
be an integral part of all site plans and may be calculated as part
of the required buffer area, provided that growth is of a density
and the area has sufficient width to serve the purpose of a buffer.
Where additional plantings are necessary to establish an appropriate
tone for an effective buffer, said plantings may be required.
(2)
Plant materials used in screen plantings shall be
at least four feet in height when planted and be of such density as
will obscure, throughout the full course of the year, the glare of
automobile headlights emitted and other adverse impacts, such as,
but not limited to, noise, windblown debris and other typical and
frequent nuisance problems, as well as create an aesthetically pleasing
and attractive view to mask or obscure the use, function or structure
located upon the site.
(3)
The screen planting shall be so placed that at maturity
it will not extend over the property line.
(4)
Trees shall be at least three inches in caliper when
planted and be of species common to the area, be of balled and burlapped
nursery stock and be free of insects and disease.
(5)
Any plant material which does not live shall be replaced
within one year or one growing season.
(6)
Screen plantings and landscaping shall be broken at
points of vehicular and pedestrian ingress and egress to assure a
clean sight triangle at all street and driveway intersections.
(7)
No buildings, structures (with the exception of walls
or fences), storage of materials, or parking shall be permitted within
the buffer area;
Churches may be permitted in those districts
designated in this chapter upon application for a permit and upon
determination by the approving authority that the following standards
and conditions are met:
A.
A set of plans, specifications and plot plans shall
be filed with the approving authority, showing overall dimensions,
topographic conditions, the location and intended use of existing
and proposed buildings, the relationship of the proposed use to streets
and adjacent properties and other physical features which might impact
upon the general welfare.
B.
Before issuing a permit, the approving authority shall
determine that the following standards are met:
(1)
The minimum lot area shall be 40,000 square feet and
the minimum frontage shall be 200 feet.
(2)
Off-street parking shall be provided at the ratio
of one off-street parking space for each 200 square feet of gross
floor area, or one space for each three occupants permitted under
the applicable fire code regulations, whichever standard yields the
greater number of required spaces. The cumulative parking demand of
all activity areas within the proposed facility or structure shall
be met by on-site, off-street parking areas.
(3)
Driveways shall cross the sidewalk at right angles
and shall be no more than 24 feet wide at any point. Driveways must
be at least 10 feet from any side lot line and 50 feet from the intersection
of the street lines. No more than two driveways shall be permitted
for each 250 feet of street frontage.
(4)
The approving authority shall determine that the site
plan is appropriate to the adjacent area. It shall require buffers
to protect surrounding properties from the effect of traffic light
or noise generated in connection with the use of the property. Such
buffer area shall be constructed in conformance with the provisions
of this chapter or as supplemented by determination of the Board.
The proposed use at the proposed location shall not adversely affect
the property of adjacent properties. Compatibility with the size and
character of adjacent uses shall be required.
(5)
Ancillary uses, such as schools, rectories, convents
and other accessory uses for religious and/or sectarian activities,
shall not be permitted as a freestanding use. Said ancillary uses
shall only be permitted when proximate to and accessory to the permitted
principal conditional use, i.e., the place of worship.
Any principal or accessory building located
on a corner lot shall have a minimum setback from all street lines
equal to the required front yard. The remaining yards shall be considered
side yards for the purpose of this chapter.
A.
Whether or not licensed or approved by the New Jersey
Division of Youth and Family Services, all uses providing for child-care
or day-care services or facilities shall conform to the standards
for such child-care facilities and services as shall be promulgated
and from time to time amended by the New Jersey Division of Youth
and Family Services.
B.
A minimum of 30 square feet of indoor floor area shall
be provided for each child enrolled.
C.
A minimum of 30 square feet of outdoor recreation
shall be provided for each child enrolled.
D.
Off-street parking with appropriate aisle width, buffering
and access design in conformance with the design standards of the
Borough shall be provided at the ratio of two spaces per each staff
member and/or employee or one space per 200 square feet of gross floor
area, whichever is greater.
E.
Child dropoff-pickup facilities for motor vehicles
shall not occur on a dedicated public right-of-way. All vehicular
dropoff-pickup shall be designed to be accommodated in a supervised
on-site, off-street location which shall not create any vehicular
queuing or stacking of any driveway or public right-of-way.
F.
All outdoor recreation areas shall be secured by fencing
with gates of a minimum five-foot height and constructed of materials
designed to the satisfaction of the reviewing board for compatibility
with surrounding land uses.
G.
All outdoor recreation areas shall be screened and buffered in conformance with § 230-95E of the chapter.
H.
Person desiring to operate the day-care center must
submit to the Bureau a copy of the building's certificate of occupancy
issued by the municipality reflecting the center's compliance with
the provisions of the State Uniform Construction Code (N.J.A.C. 5:23)
for the following use classifications:
(1)
E (Educational) for buildings accommodating children
2 1/2 years of age and/or older and having a total occupancy
(children and adults) that is 50 or more;
(2)
B (Business) for buildings accommodating children
2 1/2 years of age and/or older and having a total occupancy
(children and adults) that is fewer than 50; or
(3)
I-2 (Institutional) for buildings accommodating one
or more children below 2 1/2 years of age.
I.
Operations of the day care must satisfy the requirements
of the New Jersey Manual of Standards for Child Care Centers (N.J.A.C.
10:122). At no time shall a center allow more children in attendance
than the number specific on its license or certificate of approval.
Drive-in banks may be permitted in those districts
designated in this chapter upon application for a permit and upon
determination by the approving authority that the following standards
and conditions are met:
A.
A set of plans, specifications and plot plans shall
be filed with the approving authority, showing overall dimensions,
topographic conditions, the location and intended use of existing
and proposed buildings, the relationship of the proposed use to streets
and adjacent properties and other physical features which might impact
upon the general welfare.
B.
Before issuing a permit, the approving authority shall
determine that the following standards are met:
(1)
The minimum lot area shall be 10,000 square feet and
the minimum frontage shall be 100 feet.
(2)
Adequate off-street parking shall be provided at a
rate of one space per each 100 square feet of gross floor area.
(3)
Driveways shall cross the sidewalk at right angles
and shall be no more than 24 feet wide at any point. Driveways must
be at least 10 feet from any side lot line and 50 feet from the intersection
of the street lines. No more than two driveways shall be permitted
for each 250 feet of street frontage.
(4)
The approving authority shall determine that the site
plan is appropriate to the adjacent area. Buffers shall be required
to protect surrounding properties from the effect of light or noise
generated in connection with the use of the property. Such buffer
shall be constructed in conformance with the provisions of this chapter.
(5)
Drive-in banks are specifically not permitted in the
CBD Zone.
(6)
Drive-in banks shall only be permitted as adjunct
to and part of a full-service banking facility. A freestanding, drive-in-only
bank shall not be prohibited.
A.
The provisions of this section pertain to fences,
hedges and walls, including but not limited to architectural walls,
landscape retaining walls, and structural retaining walls. Fences
and walls shall not be located in any required sight triangle. Fences
may be erected, altered or reconstructed in accordance with the following
regulations and in accordance with all other provisions of this chapter:
(1)
Hedges running parallel to the front property
line may be erected, altered or reconstructed to a height not to exceed
four feet above ground level toward which the front entrance of any
dwelling in a residential zone faces.
(2)
Fences or walls may be permitted in any yard,
provided that they do not exceed four feet in height at any point
within the front yard and that they do not exceed four feet along
the property.
(3)
Fences and hedges running parallel to side or rear yard lines may be erected, altered or reconstructed to a height not to exceed six feet when located in said side or rear yards of any dwelling in a residential zone at any point to the rear of the rear building line, except, when the property in question is located on a corner lot the requirements of Subsection A(1) above shall prevail on the entire perimeter of the property which faces the public right-of-way.
(4)
The foregoing restrictions shall not be applied
so as to prevent the erection of any open wire fence not exceeding
eight feet above ground level anywhere within a public park, public
playground or school premises or any other public property.
(5)
All fences, walls and hedges must be erected
within the property lines, and no fence, wall or hedge shall be erected
so as to encroach upon a public right-of-way.
(6)
All fences, walls and hedges shall be maintained
in a safe, sound and upright condition and present a uniform appearance.
(7)
Fences on property bordering crosswalks that
bisect two residential properties do not exceed six feet in height
on the side of the property adjoining the crosswalk. Fence must be
set back at least two feet from the crosswalk.
(8)
The height of the fence or wall shall be measured
from a point on the ground directly under the fence to the highest
point on the fence above the ground reference.
(9)
The maximum height above indicated shall not
apply to any fencing within 10 feet of the periphery of any private
wading or swimming pool. Regulations for swimming pools' fencing shall
be controlled by Ordinance No. 569 entitled, "An Ordinance to Provide
for the Construction, Installation, and Regulation of Private Swimming
Pools and Wading Pools and Other Such Facilities in the Borough of
Highland Park, New Jersey, and Penalties for Violations thereof,"
and shall in no case be less than six feet in height.
(10)
When a fence, as constructed, shall have a finished
side as compared to an unfinished or inside surface, the finished
or public side shall face outward.
(11)
No fence, hedge or wall shall be situated in
such a manner that would obstruct the view of vehicular or pedestrian
traffic at any intersection or crosswalk.
(12)
Nothing in this section shall supersede the
mandatory sight triangle requirements as found elsewhere in this chapter.
(13)
No fence may be erected, altered or reconstructed
in any way if such fence includes the use of barbed wire.
B.
The provisions of this section shall pertain to landscape
retaining walls and structural retaining walls:
(1)
Landscape retaining walls.
(a)
Landscape retaining walls shall not be located
closer to a property line than the height of the wall.
(2)
Landscape retaining walls shall be constructed
of durable or preservative treated wood, or other durable materials,
and shall be designed to allow replacement of the wall at the end
of its useful life.
(3)
Structural retaining walls.
(a)
All structural retaining walls shall be designed
by a structural or civil engineer, with signed and sealed plans submitted
to the Construction Official and referred to the Borough Engineer
for review and approval.
(b)
The construction of all structural retaining
walls shall be inspected by a structural or civil engineer at the
cost of the applicant, and a signed and sealed certification that
the wall has been properly constructed shall be submitted to the Construction
Official upon completion of the wall.
(c)
Structural retaining walls shall not be located
in any public rights-of-way or utility easements.
(d)
Height of structural walls in any residential
district.
[1]
The maximum height of any structural retaining
wall, section of structural retaining wall, or tier of a structural
retaining wall shall be six feet, unless in a front yard, in which
case the maximum height shall be four feet.
[2]
Multiple, staggered or tiered walls shall be
considered single walls unless the minimum horizontal distance between
the top of any single section or tier and the base (toe) of the next
higher section or tier is not less than 1 1/2 times the height
of the lower section or tier. If there are more than three single
sections or tiers, the minimum distance between the top of any single
section or tier and the base (toe) of the next higher section or tier
shall be not less than two times the height of the lower section or
tier.
[3]
A structural retaining wall shall be located
no closer to a property line than 1 1/2 times the height of the
wall or wall segment closest to the property line, and the applicant's
engineer shall certify that a failure of the structural retaining
wall will not have an adverse impact on any adjoining property or
public right-of-way.
(e)
Design and maintenance of structural retaining
walls.
[1]
The applicant shall submit a plan indicating
how all segments of the structural retaining wall, including any bench
area located between two tiered wall sections, shall be maintained.
[2]
The structural or civil engineer certifying
the plans shall provide documentation as to the feasibility for replacing
the structural retaining wall at the end of its useful life and method
of replacement by the property owner or homeowners' association.
[3]
The top of any structural retaining wall or
tiered wall with a height of greater than four feet shall be protected
through the use of fencing or, in the alternative provided that safety
concerns are adequately addressed, densely planted vegetation at 50%
of the full growth screening. Any combination of structural retaining
wall and fence that exceeds eight feet shall be supplemented by densely
planted vegetation of at least four feet in height, planted on the
side of the combined retaining wall and fence that presents the greatest
vertical elevation.
[4]
The bench, or area between the top of one tier
and the bottom (toe) of the next higher tier, shall be properly graded
to facilitate drainage.
[5]
A licensed landscape architect shall certify
that landscaping installed in the vicinity of any structural retaining
wall is appropriate for the location and does not have a root system
that will impair the integrity of the retaining wall.
[6]
Structural retaining walls shall be constructed
of permanent materials such as concrete, pre-cast block or masonry
and shall be designed to allow replacement of the wall at the end
of its useful life.
[7]
Permit required. No structural retaining wall
shall be constructed without the prior application for and issuance
of a permit to construct such wall. Application shall be made to the
Construction Official or Zoning Official.
A.
Provisions shall be made for fire hydrants along streets,
together with connections, standpipe and sprinkler on the outside
walls of nonresidential structures as approved by the Municipal Fire
Department and Municipal Engineer and in accordance with Insurance
Services Office standards.
B.
Fire lanes 12 feet in width shall be required across
the front and rear of all new residential, institutional, commercial
and industrial uses with gross floor area in excess of 10,000 square
feet. Similar fire lanes are recommended for design along the sides
of all new industrial uses. Parking shall be strictly prohibited in
all fire lane areas.
A homeowners' association may be established
to own and maintain common open space and common property designed
within a development. If established, the organization shall incorporate
the following provisions in a manner consistent with and as may be
more specifically regulated by the New Jersey State Condominium Act
and the New Jersey Planned Real Estate Development Act:
A.
Membership by all property owners, condominium owners,
stockholders under a cooperative development and other owners of property
or interests in the project shall be mandatory. Required membership
and their responsibilities shall be in writing between the organization
and each member in the form of a covenant, with each agreeing to liability
for his pro rata share of the organization's costs.
B.
The organization shall be responsible for liability
insurance, taxes, maintenance and any other obligations assumed by
the organization.
C.
The organization shall be allowed to adjust the assessment
to meet changing needs.
D.
The organization shall clearly describe in its bylaws
and governing documents all the rights and obligations of each tenant
and owner, including a copy of the covenant, master deeds, bylaws
and articles of incorporation of the organization, and shall state
that every tenant and property owner in good standing shall have the
right to use all common properties. These shall be set forth as a
condition of approval and shall be submitted prior to the granting
of final approval.
E.
The articles of incorporation, covenants, bylaws,
master deeds and other legal instruments shall ensure that such organization
shall maintain the common open space or common property in reasonable
order and condition. The Municipal Council may serve written notice
upon such organization or upon the owners of the development, setting
forth the manner in which the organization has failed to maintain
the common open space or common property in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof.
These uses, where and if permitted in this chapter
as specified herein, shall comply with the following minimum standards:
A.
Marine chandler supply stores shall include only goods
sold or personal services rendered that are clearly and exclusively
oriented to the marine activities in the area, provided that all goods
or products fabricated or processed incidental to such shall be sold
at retail for use on the premises.
B.
Other commercial uses which are clearly and exclusively
oriented to the marine activities in the area, such as building, sale,
rental, storage or repair of boat engines, and related equipment,
may be considered as functions of the marine chandler supply store
by the reviewing board.
C.
All requirements of the U.S. Army Corps of Engineers,
NJDEP, the U.S. Coast Guard, and all other agencies of jurisdiction
shall be met, and compliance shall be documented to the reviewing
board.
D.
Retail marine commercial usage or marine chandler
supply stores shall occupy a maximum of 1,500 square feet of gross
floor area or a maximum 1% of the total residential gross floor area
constructed, whichever is less.
E.
Any aboveground storage tanks for fuel, oil, waste
oil, kerosene, or any other flammable or combustible material shall
be prohibited. A maximum of 10,000 gallons of cumulative underground
storage capacity shall be permitted for all types of products stored
for any reason. All federal and state regulations for the construction,
storage, piping, venting, dispensing, etc., of fuel supplies shall
be documented to the reviewing board by the applicant.
F.
Off-street parking with appropriate access thereto
shall be provided at the rate of one parking space for each 300 square
feet of gross floor area of the marine chandler or marine retail establishment.
Monuments shall be the size and shape required
by N.J.S.A. 46:23-9.9 et seq. (the Map Filing Law, as amended) and
shall be placed in accordance with said statute and indicated on the
final plat. All lot corners shall be permanently marked with a metal
alloy pin or equivalent.
Natural features such as trees, brooks, swamps,
hilltops and views shall be preserved whenever possible. On individual
lots, care shall be taken to preserve selected trees to enhance soil
stability and the landscape treatment of the area.
Treatment, convalescent and nursing homes for
children or aged; philanthropic or charitable structures, except correctional
institutions, may be permitted in those districts designated in this
chapter if in compliance with the following standards and conditions:
A.
A set of plans and specifications and a statement
setting forth full particulars on the operation of the structure or
use must be filed with the approving authority in triplicate, showing
dimensions, topography, location and use of intended buildings, etc.,
and any other physical features which might act as a deterrent to
the general welfare.
B.
Front, rear and side yards shall be increased one
foot for each foot by which such proposed building exceeds the height
limit herein established for the district in which it is to be located.
In no case shall any building exceed the height of 30 feet nor be
located on a lot less than two acres in size with a minimum frontage
of 200 feet.
C.
Off-street parking space shall be provided in side
and rear yards only, at the rate of one space for each two beds in
a treatment or nursing home and one space for each two beds or one
space for each 400 square feet of gross floor area, whichever is greater,
for philanthropic or charitable uses.
D.
All off-street parking provided within 30 feet of
any property line shall be protected from adverse impact upon adjacent
properties through a visual screen of planting not less than four
feet at center, of a type or types of planting approved by the approving
authority, with buffer areas designed in conformance with this chapter.
E.
In addition to all other requirements, there shall
be provided one square foot of open space for every one square foot
of building area, in plan, at the ground level.
Public and private nonprofit institutions for
education may be permitted in those districts designated in this chapter
upon application for a permit and upon determination by the approving
authority that the following standards and conditions are met:
A.
A set of plans, specifications and plot plans shall
be filed with the approving authority, showing overall dimensions,
topographic conditions, the location and intended use of existing
and proposed buildings, the relationship of the proposed use to streets
and adjacent properties and other physical features which might impact
upon the general welfare.
B.
Before issuing a permit, the approving authority shall
determine that the following standards are met:
(1)
A school site shall have direct access onto
an existing or proposed secondary arterial or collector road as indicated
on the municipal Master Plan.
(2)
The minimum lot area for an elementary school
shall be five acres plus one additional acre for each 100 pupils.
(3)
The minimum lot area for all other schools shall
be 10 acres plus one additional acre for each 100 pupils.
(4)
No building shall be located closer than 100
feet to any property line.
(5)
Fencing shall be provided along adjoining residential
properties to be located and of a size and type sufficient to keep
children from entering upon such properties either in the course of
play or in traveling to and from school.
(6)
Buffers and screening shall be provided in accordance
with the provisions of this chapter.
All public services shall be connected to approved
public utilities systems where they exist.
A.
The developer shall arrange with the servicing utility
for all underground installation of the utility's distribution supply
lines and service connections in accordance with the provisions of
the applicable standard terms and conditions incorporated as a part
of its tariff as the same are then on file with the State of New Jersey
Board of Public Utility Commissioners.
B.
The developer shall submit to the approving authority,
prior to the granting of final approval, a written instrument from
each serving utility which shall evidence full compliance or intended
full compliance with the provisions of this section; provided, however,
lots which abut existing streets where overhead electric or telephone
distribution supply lines and service connections have heretofore
been installed may be supplied with electric and telephone service
from those overhead lines, but the service connection from the utilities'
overhead lines shall be installed underground. In the case of existing
overhead utilities, should a road widening or an extension of service
or other such condition occur as a result of the development and necessitate
the replacement, relocation or extension of such utilities, such replacement,
relocation or extension shall be underground.
C.
Where natural foliage is not sufficient to provide
year-round screening of any utility apparatus appearing above the
surface of the ground, other than utility poles, the applicant shall
provide sufficient live screening to conceal such apparatus year-round.
D.
Any installation under this section to be performed
by a servicing utility shall be exempt from the requirement of performance
guarantees but shall be subject to inspection and certification by
the Municipal Engineer, unless specifically and documentably exempt
by operation of state law.
Electrical substations, telephone exchanges,
telephone booster stations, gas metering stations, transformers, water
and/or sewer pumping stations may be permitted in any zone, provided
that:
A.
A statement setting forth the need for and purposes
of the installation are filed with the approving authority.
B.
The approving authority finds that the proposed installation
in the specific location is necessary or convenient for the operation
of the public utility system or for the satisfactory provision of
service to the neighborhood or area in which the particular use is
to be located.
C.
Utility distribution or collection lines for water,
gas, sewerage, electric and telephone services which are located in
a public street or which service private property in the municipality
are exempt from this section.
Quasi-public uses, as defined in this chapter,
may be permitted in those districts designated in this chapter upon
application for a permit and upon determination by the approving authority
that the following standards and conditions are met:
A.
A set of plans, specifications and a statement setting
forth full particulars on the operation of the use.
B.
It is ascertained that the proposed use is a bona
fide nonprofit organization, operated solely for the recreation and
enjoyment of the members of the organization or for the public good.
C.
It is ascertained that the proposed use in the proposed
location will not adversely affect the safe enjoyment of property
rights or otherwise adversely affect the compatibility with adjacent
properties; that the design of any structures erected in connection
with such use are in keeping with the general character of the residential
area; and that sufficient landscaping, including trees, shrubs and
lawn, are provided to serve as a buffer between the use and adjoining
residential properties and to ensure an attractive appearance for
the use.
D.
The minimum lot area shall be 40,000 square feet,
and the minimum frontage shall be 200 feet.
E.
No building, structure or active recreational facilities
shall be located within 50 feet of an adjacent residential property
line.
F.
The maximum membership limit of an organization shall
be fixed at the time of application and shall be commensurate to the
amount of land to be used and the exact nature of the use. No further
expansion shall be made unless additional land is acquired and supplemental
application is made. All elements of the plan shall conform to the
design and performance standards of this chapter.
G.
The applicant shall be required to establish that
the active membership of the organization shall be equivalent to the
maximum occupancy limitation applicable under all building and fire
codes having jurisdiction for the structure under consideration.
H.
Off-street parking shall be provided at the ratio
of one off-street parking space for each four occupants or one space
per each 200 square feet of gross floor area, whichever is greater,
for the cumulative occupancy of all activity areas within the facility
or structure.
All development proposals involving: a) single-family
development of 50 or more units; b) multifamily development of 25
or more units; and c) commercial or industrial development of 1,000
square feet or more of land shall provide adequate provisions for
the collection, disposition and recycling of recyclable materials
as designated by the municipality's recycling ordinance and the Mandatory
Statewide Source Separation and Recycling Act.
A.
REASONABLE RECEPTION
SATELLITE EARTH STATION ANTENNAS - RECEIVE ONLY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Reception by the satellite dish antenna of a reasonable number
of channels from all existing North American C and Ku band programming
sending satellites.
Any antenna consisting of a radiation element which receives
radiation signals generated as electrical, light or sound energy and
supported by a structure which may or may not provide a reflective
component to the radiating dish, usually a circular shape with a parabolic
curve design constructed of a mesh surface. Hereinafter "satellite
earth station antenna – receive only" shall be referred to as
"satellite dish antenna."
B.
Permits. No satellite dish antenna shall be constructed
or installed unless a building permit is issued by the Construction
Official (except as provided in Subsection 622.31 of the BOCA National
Building Code, 1990, or the applicable provision of an amended or
replacement code).
C.
General requirements. All satellite dish antennas
shall be subject to the following requirements:
(1)
No more than one satellite dish antenna shall
be permitted on any one lot. No satellite dish antenna shall be installed
as the sole structure on any lot.
(2)
All satellite dish antennas shall be located
to prevent obstruction of the antenna's reception window from potential
permitted development on adjoining properties.
(3)
A satellite dish antenna may be designed for
reception of signals for the sole use, benefit and enjoyment of the
occupants of the principal structure/use.
(4)
No form of advertising or identification shall
be placed upon any satellite dish antenna.
(5)
Any satellite dish antenna over two feet in
diameter must be of a wire mesh design.
D.
Specific requirements: ground mounting. All ground-mounted
satellite dish antennas shall be subject to the following requirements:
(1)
The diameter of the dish shall not exceed 12
feet.
(2)
All ground-mounted satellite dish antennas are
accessory structures and must comply with the accessory use yard,
height, bulk and setback requirements of the particular zone.
(3)
The satellite dish between two feet to 12 feet
in diameter shall be of a mesh design and shall be colored in brown
or green earth tones to blend with its ground location.
(4)
The satellite dish shall be screened and fenced.
(a)
A stockade or similar fence, sufficient to prevent
unauthorized accessibility, shall be erected around the antenna base
but shall not interfere with its reception window. Such fencing shall
not be required if the yard in which the satellite dish is located
is securely fenced.
(b)
Ornamental landscaping treatments in the form of evergreen shrubbery shall be installed at the base of the fence sufficient to provide a variation in the solid appearance of the fence. Where sufficient yard fencing exists [Subsection D(4)(a) above], the evergreen shrubbery screen shall completely surround the base of the dish antenna but shall not interfere with its reception window.
E.
Specific requirements: roof or exterior wall mounting.
All roof- or exterior-wall-mounted satellite dish antennas shall be
subject to the following requirements:
(1)
The diameter of the dish antenna shall not exceed
12 feet.
(2)
A roof- or wall-mounted exterior dish antenna
is an accessory use in all zones.
(3)
Applicant must prove that compliance with § 230-113D, Specific requirements: ground mounting, would result in an unreasonable interference with satellite signal reception due to obstruction of the antenna's reception window and such obstruction involves factors beyond the applicant's control.
(4)
A satellite dish antenna may be installed on
the roof or exterior wall of the principal structure or an accessory
structure such as an unattached garage. No satellite dish antenna
may be attached to any portion of a temporary structure, such as a
shed.
(5)
The height of the principal or accessory structure
to which the satellite dish is attached shall include the height of
the satellite dish as installed and shall not exceed the maximum height
restriction imposed upon principal structures in the zone.
(6)
Installation in relation to right-of-way.
(a)
Subject to Subsection E(6)(b), the antenna shall be installed on the portion of that roof or exterior wall which is within the 50% of the principal structure furthest from any public right-of-way. In the case of corner lots, this regulation shall be enforced for both street frontages. In the case of through lots, this regulation shall be enforced upon that frontage which provides the main or front entrance to the principal structure. In the case of three-sided corner lots, this regulation shall be enforced upon two of the three sides of the principal structure which face a public right-of-way.
(b)
The satellite antenna may be installed on that 50% of the roof or exterior wall of the principal structure closest to the public right-of-way upon demonstration by applicant that compliance with Subsection D, Ground mounting, and Subsection E, Roof and exterior wall mounting, would result in an unreasonable interference with satellite signal reception due to obstruction of the antenna's reception window, and such obstruction involves factors beyond the applicant's control.
(7)
In the cases of accessory structures, such as a freestanding garage, the satellite dish shall be installed on that portion of the roof or exterior wall which is most interior to the applicant's lot. All power controls and signal cables from the antenna to the principal structure shall be installed underground and in conformance with applicable building codes. If the dish is not located at a height sufficient to prevent accessibility, fencing and/or screening may be required pursuant to Subsection D(4) hereof.
(8)
The installation of any antenna structure mounted
on the roof of a principal or accessory building shall not be erected
nearer to the lot line than the total height of the antenna above
the roof nor shall such structure be erected near power lines or encroach
upon any street or other public space.
(9)
All roof-mounted units shall be colored in light
blue gray or silver sky tones. All exterior wall-mounted units not
protruding above the roofline shall be colored to match the exterior
wall color of the structure to which it is attached.
F.
Technical specifications. All satellite dish antennas
shall be subject to the following specifications:
(1)
Submission of plans signed and sealed by a New
Jersey professional engineer, which plans shall include:
(a)
Loading calculations of structural mounting
design;
(b)
Wind load design capacity calculations;
(c)
Snow and ice load design capacity calculations;
(d)
In the case of roof or exterior wall mounting,
documentation of compliance with the BOCA Basic Building Code for
load distributions within the building's support structure;
(e)
In the case of ground mounting, design specifications
of the permanently affixed foundation and the antenna mounting thereon;
(f)
Any other specification deemed necessary by
the Construction Official pursuant to Subsection 15:23-2.19 of the
Uniform Construction Code; and
(g)
Certification of compliance with all applicable
sections of the BOCA Basic Building Code, including, but not limited
to, Sections 614 and 615, Grounding.
(2)
As to the satellite dish equipment, applicant
shall submit manufacturers' specifications indicating compliance with
Electronic Industry Association Standard RS-411, "Electrical and Mechanical
Characteristics of Antennas for Satellite Earth Stations."
The following regulations shall apply to automobile
service stations, automotive repair services and garages, public garages,
filling stations, and/or gas stations:
A.
All storage areas, trash facilities, pits, lifts and
working areas shall be within a building. All lubrication, repair
or similar activities shall be performed in an enclosed building,
and no dismantled parts shall be placed outside.
B.
All gasoline pumps, air pumps and the islands upon
which pumps are normally located shall be set back from the street
line at least 60 feet and from any other property line at least 50
feet. A minimum space of 25 feet shall exist between any two islands
and between any island and the service station building.
C.
No junked motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. Other than employees' vehicles, no more than six motor vehicles
may be located outside a service station building at any given time,
provided that the owners are awaiting the repair of said motor vehicles.
D.
The exterior display of nonvehicular equipment for
rent or sale shall be permitted, provided the area devoted to this
purpose is in addition to the minimum lot size required for a service
station; the area devoted to this purpose does not exceed 20% of the
total area of the entire site; the maximum sign area for a service
station is not exceeded; and the location of the equipment being rented
or sold does not interfere with the off-street parking requirements
for the service station and does not interfere with the traffic circulation
indicated on the approved site plan.
E.
The proposed use shall be located on a lot of not
less than 20,000 square feet in an area which is not located at the
corner of any dangerous street intersection, as determined by Police
Department accident records, and the lot lines of which are located
not less than 1,000 feet from any school offering courses of general
educational instruction, hospitals, church or library and not less
than 2,000 feet from an existing auto repair or service station.
F.
It is intended that service stations be designed compatibly
with other permitted commercial or industrial uses in the zone in
which they are located and that they not be stripped along the available
highway frontage or at each quadrant of a convenient intersection.
G.
All filling station storage tanks shall be placed
in a six-inch-thick concrete cradle. All filler spouts, vents and
gauging and venting areas shall be covered by a six-inch-thick concrete
plate. Emergency shutoff and venting equipment shall conform to the
most recent federal and state requirements, as they may from time
to time be revised.
H.
Ingress and egress turning movements shall be designed
and coordinated with the access points required for nearby uses, frequency
of intersecting side streets, minimizing left turns off collector
and arterial streets and maintaining building setbacks compatible
with the required setbacks and landscaping.
I.
Up to four vehicles may be displayed for sale or lease on the property at any given time, provided that all such vehicles shall be located in designated off-street parking spaces and do not interfere with the traffic circulation on the site; no such vehicles shall be displayed closer than six feet to the front property line; this setback area shall be buffered and screened in accordance with Subsection K below; automobile prices or year of manufacture shall not be boldly displayed on the automobile in a manner which would be legible from the roadway so as to avoid undue distractions to the traveling public; and banners, flags, movable signs, flashing lights, pennants, rotating devices or similar devices shall not be permitted. Signs shall conform to the requirements of the municipal sign ordinance.
[Amended 3-15-2022 by Ord. No. 22-2043]
J.
Off-street parking shall be provided at the rate of
three spaces per service bay plus one space for service vehicle.
K.
The area along the front lot line, with the exception
of those areas required for ingress and egress, shall contain a six-foot-wide
landscaped strip, defined by either a brick wall two feet in height
and capped with a stone or cast stone slab or by an evergreen hedge
of the same height. The landscaped area between the edge of the property
line and the brick wall shall be planted with street trees no more
than 30 feet on center.
A.
Permits and yearly fees.
(1)
It shall be unlawful for any person to erect or maintain within the Borough of Highland Park any permanent sign without a sign permit issued by the Construction Official. In the event that a sign is included in a site plan or subdivision application, the permit shall be issued by the Construction Official following approval by the Planning Board or Board of Adjustment or, where site plan has been waived pursuant to § 230-61C, by the Zoning Officer.
(2)
Application for sign permits shall be accompanied
by a fee of $25 and shall contain the following:
(a)
Name, address and telephone number of applicant.
(b)
Name, address and telephone number of the owner
of the property.
(c)
Location of building to which sign is to be
erected.
(d)
Position of the sign on building, with sketch
and dimensions of proposed sign.
(e)
Name and address of person erecting sign.
(f)
The relationship between the applicant and owner
and written consent of the owner.
(g)
Such further information as the Construction
Official shall require to show full compliance with this and all other
laws and ordinances of the Borough.
(h)
Sketch of the proposed sign, indicating size,
color, lighting and material used and drawn to scale.
(3)
It shall be the duty of the Construction Official
to examine the application and other data and the premises upon which
it is proposed to erect the sign, and if proposed structure is in
compliance with this chapter and other ordinances of the Borough of
Highland Park, he shall issue the sign permit. In the event that the
application is not in conformance with this chapter, the Construction
Official shall instruct the applicant to apply for a variance from
the Planning Board or Board of Adjustment, whichever is applicable.
(4)
If the work authorized under the sign permit
has not been completed within six months from the date of issuance,
the permit shall become null and void.
(5)
All persons erecting permanent signs within
the Borough of Highland Park shall pay a yearly fee in accordance
with the following schedule:
B.
General regulations.
(1)
If the Construction Official shall find that
any sign or part thereof is unsafe or insecure, he shall give written
notice to the owner of the sign or the owner of the premises. If the
sign is not removed or repaired within 48 hours after the issuance
of such notice, the Construction Official shall cause the removal,
transportation and storage of said sign, at the expense of the owner
of the property upon which it is located.
(2)
In the event that any sign is removed by the
Construction Official as hereby provided for, the Construction Official
shall certify the cost of removal, transportation and storage to the
Borough Council. The Borough Council by resolution shall cause the
cost as indicated by said certificate to be charged against said lands.
The amount so charged shall forthwith become a lien upon said lands,
the same to bear interest at the same rate as taxes and shall be collected
in the same manner as taxes.
(3)
No billboards, outdoor advertising or other sign shall be erected which advertises a product, business or activity not conducted at the same location at which the sign is situated. Any sign which does not advertise a bona fide existing activity conducted on the premises or product sold therein shall be taken down within 10 days after written notice from the Construction Official. After 10 days' notice has expired, the Construction Official may cause the removal of said sign in accordance with Subsection B(2) supra.
C.
Prohibited signs. All types of signs not expressly
permitted by this section are prohibited, including, but not limited
to, the following:
(1)
No sign shall be of a type which moves in whole
or in part by any means, including fluttering, rotating or motion
caused by the atmosphere, nor which emits smoke, visible vapors or
particles, sound or odor.
(2)
No sign shall display flashing or intermittent
light or lights of changing degree of intensity or changing colors.
No illuminated sign shall be of such 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.
(3)
No sign shall be erected which directly or indirectly
causes or produces any glare into a street or upon any dwelling unit.
Exposed sources of light, including bare bulbs and tubules, and immediately
adjacent reflecting surfaces shall be shielded so as not to create
a nuisance across lot lines. Mercury vapor, low-pressure and high-pressure
sodium, and metal halide lighting are specifically prohibited, as
are plastic panel rear-lighted signs.
(4)
Signs of such design and location that they
interfere with, compete for attention with or may be mistaken for
a traffic signal will not be permitted. This shall include any sign
visible from the public right-of-way which uses an arrow device or
the word "stop." It shall also include signs in which the colors red
and green are used in direct illumination or in high reflection by
the use of special preparation such as fluorescent paint or glass.
(5)
Mobile signs or painted wall signs.
(6)
Any projecting sign which is suspended from
or supported by a building or structure or steel column and projecting
out therefrom over public property or beyond the lot line shall not
be permitted.
(7)
Signs which obstruct any window, door or other
opening used as a means of regular ingress and egress or for required
legal light and ventilation or fire escapes or other openings for
emergency access and escape are prohibited.
(8)
Any sign located on a public right-of- way,
except those owned and operated by a duly constituted government authority,
is prohibited. A public right-of- way shall be deemed to include sidewalk,
street, highway right-of- way, curb, curbstone or any object located
in such right-of-way, including hydrant, lamppost, tree, telephone
or electric lamp pole, utility pole, fence, police or fire alarm.
(9)
Any sign using exposed incandescent bulbs or neon tubes, exposed neon tubing in mirrors directing a light source, and other such devices is prohibited, except that special signs serving the public convenience references in Subsection D(6). Exempt signs in all zones may use neon tubes and signs permitted in § 230-140I(6) may use neon tubes, provided that in no case shall the combined area of all signs using neon tubes exceed six square feet. Further, in the limited instances where neon sings are permitted, they shall not be of such 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 or warning device.
(10)
Any sign commonly known as "roof" or "sky" sign
which is supported principally by the roof and which projects above
and over the roof of the structure is not permitted.
(11)
Any sign on a vacant or unimproved lot which
does not exclusively specify the sale, lease, transfer, zone or conditional
use of the particular property is prohibited.
(12)
No strings or streamers, flags, pennants, spinners
or strings of lights or similar devices strung across, upon, over
or along any premises or building, whether as part of a sign or not,
shall be allowed.
(13)
Any sign with lighting or control mechanisms
which may cause radio or television interference is prohibited.
(14)
Signs or advertising matter of an indecent or
obscene nature are prohibited.
D.
Exempt signs in all zones. The following signs are
authorized in any zoning district without a permit as long as they
conform to the standards contained herein:
(1)
One nonflashing, nonilluminated temporary sign
pertaining to the lease or sale of the same lot or building upon which
it is placed, situated within the property lines and the premises
to which it relates, and not exceeding six square feet in area on
any one side. The sign must be removed from the premises within two
days after the property has been sold.
(2)
A sign indicating the name and/or address of
the occupant, provided that the sign shall be no larger than one square
foot in area. A permitted home occupation or professional office may
be included with the name of the occupant. Only one sign per principal
dwelling unit is permitted, and it may not be illuminated.
(3)
Window stickers denoting organizational affiliations,
credit card availability, burglar system, pet restrictions, hours
of operation, etc.
(4)
Signs indicating the private nature of a road,
driveway or premises may be erected and maintained, provided that
the area of such sign shall not exceed 72 square inches and shall
not exceed three feet in height.
(5)
Signs prohibiting or otherwise controlling fishing,
hunting, etc., upon particular premises may be erected and maintained,
provided that the area of any such sign shall not exceed two square
feet.
(6)
Special signs serving the public convenience,
such as "notary public," "public rest rooms," "public telephone" "open,"
"closed" or words of similar import. The combined area of all such
signs shall not exceed two square feet. Further, special signs shall
not be freestanding, but rather shall be affixed to the inside of
a door or window.
(7)
Nonilluminated traffic control directional signs
identifying parking areas, loading zones, entrances, exits and similar
locations. The signs shall not exceed two square feet in area and
three feet in height.
(8)
Temporary signs for advertising public functions
or fund-raising events for charitable or religious organizations for
a period of 30 days prior to and during the event but shall be removed
within five days after the event. The sign shall be nonilluminated,
not larger than 12 square feet in area, not exceeding six square feet
in height, and may be erected flat against the building or freestanding.
(9)
Temporary nonilluminated political signs shall
be removed 10 days after an election, provided that:
(a)
They shall not be erected within the public
right-of-way or on a utility or directional sign pole.
(b)
Such signs shall contain the name and address
of the sponsor, individual or organization.
(c)
The Construction Official shall remove the sign
after the ten-day period and impose a penalty of $1 per sign against
the sponsor, individual or organization.
(10)
Historical tablets, cornerstones, memorial plaques
and emblems which do not exceed six square feet in area and which
are installed by government agencies, civic or religious organizations.
(11)
Temporary signs which are in the nature of traditional
holiday or seasonal greetings or decorating not advertising a specific
product service or establishment and not exceeding 45 days' duration.
(12)
Flags or emblems of religious, educational,
civic or governmental organization.
(13)
Signs posted by governmental agencies or pursuant
to governmental statute, order or regulation.
(14)
Signs which are an integral part of vending
machines, including gasoline pumps and milk machines, provided they
do not exceed two square feet in area.
(15)
Temporary civic, cultural and public service
window posters, when posted inside commercial establishments, provided
they do not, individually or combined, occupy more than 25% of the
total area of said window or five square feet, whichever is less.
(16)
Temporary promotional or special sales signs
when erected in conjunction with a commercial establishment, provided
they do not, individually or combined with other window signs, exceed
25% of the total area of the display window or 16 square feet, whichever
is less. Temporary signs advertising a business opening or change
in ownership shall not exceed an area of 16 square feet and shall
require a temporary zoning permit, specifying the date of removal.
All temporary signs shall have the date of removal printed clearly
on the lower right-hand corner, as viewed from the exterior, and shall
be permitted for a period not to exceed 30 days.
(17)
Temporary overhead banners spanning a street
or roadway advertising public functions or fund-raising events for
charitable or religious organizations for a period of 30 days prior
to and during the event but shall be removed within five days after
the event or at anytime if the sign is damaged or becomes a hazard.
(18)
Temporary construction signs located on the
lot shall be removed within seven days after the completion of the
construction work. The total area of all such signs on a lot shall
not exceed 24 square feet and six feet in height and shall not be
illuminated except for construction safety lights placed in hazardous
areas.
E.
Sign area.
(1)
Sign area shall include all lettering, wording,
coloring and accompanying designs and symbols, together with the background,
whether open or enclosed, but not including any supporting framework
and bracing incidental to the display itself.
(2)
A freestanding sign with two exposures shall
have a total sign area consisting of the area of one side of the sign,
but both sides may be used.
(3)
Street number designations, postal boxes, family
names on residences, on-site traffic directional and parking signs,
signs posting property as "private property," "no hunting" or similar
purposes and "danger" signs around utility and other dangerous areas
are permitted but are not to be considered in calculating the sign
area.
F.
Location.
(1)
Attached signs may only be located in such a
manner that does not conflict with any height, obstruction to vision
and similar regulations of this chapter.
(2)
Freestanding signs shall be located only in
the front yard and shall be no closer to a side lot line than the
minimum side yard for the principal building, but in any event no
closer than 10 feet from the street right-of-way or 20 feet from the
pavement, whichever is greater.
G.
Maintenance.
(1)
All signs and displays shall be maintained in
good order and repair. In the event that the Construction Official
determines that any sign now or hereafter erected is in a state of
disrepair, has become dilapidated or constitutes a safety hazard,
the sign owner and property owner shall be given written notice to
correct the conditions within 20 days from the date of the mailing
of the notice. Failure to correct the condition or file an appeal
within the time provided shall constitute a violation of this section.
(2)
The area surrounding ground signs shall be kept
neat, clean and landscaped, the owner of the property upon which the
sign is located shall be responsible for maintaining the condition
of the area.
H.
Automobile service stations. Gasoline service stations
and public garages, where permitted only, may display, in addition,
the following signs which are deemed customary and necessary to their
respective business:
(1)
Directional signs or letters displayed over
individual entrance doors or bays, consisting only of the words "washing,"
"lubrication" or words of similar import, provided that there shall
be not more than one such sign over each entrance or bay. The letters
thereof shall not exceed 12 inches in height, and the total of each
sign shall not exceed six square feet.
(2)
Customary lettering or other insignia which
is a structural part of a gasoline pump, consisting of the brand name
or gasoline sold, lead warning sign, a price indicator and any other
sign required by law and not exceeding a total of three square feet
on each pump.
(3)
The use of all flags, windmills, banners and
any flashing or animated signs shall be prohibited. However, the use
of pennants may be utilized for the purpose of advertising the opening
of a new station but shall be restricted to a thirty-day period.
(4)
All signs or parts thereof, the supporting structures
or parts thereof, shall be within the owner's property line and at
no time project into or over the public right-of-way.
All site plans and major subdivisions shall
incorporate soil erosion and sediment control programs phased according
to the scheduled progress of the development, including anticipated
starting and completion dates. The purpose is to control soil erosion
and sediment damages and related environmental damage by requiring
adequate provisions for surface water retention and drainage and for
the protection of exposed soil surfaces in order to promote the public
health, safety, convenience and general welfare of the community.
A.
Regulation and permits.
(1)
No building permit shall be issued for any application
requiring either site plan or major subdivision approval until final
plat approval has been given, including an approved soil erosion and
sediment control plan.
(2)
No person shall proceed with any soil removal,
soil disturbance or land grading without first having obtained either
a permit for that purpose or a building permit based on an approved
plat as outlined above.
B.
Data required.
(1)
A plan showing the area(s) of soil removal,
soil disturbance and land grading and establishing the means for controlling
soil erosion and sedimentation for each site or portion of a site
when developed in stages.
(2)
The soil erosion and sediment control measures
shall be certified by the Soil Conservation District in the development
of the plan and the selection of appropriate erosion and sediment
control measures.
(3)
The plan shall be prepared by a professional
engineer licensed in the State of New Jersey, except in instances
where the preparation of a plan does not include or require the practice
of engineering as defined in N.J.S.A. 45:8-28, and shall contain:
(a)
Location and description of existing natural
and man-made features on and surrounding the site, including general
topography and soil characteristics and a copy of the County Soil
Conservation District Soil Survey (where available).
(b)
Location and description of the work and proposed
changes to the site, including contours and spot elevations, showing
existing and post-construction conditions and, in the case of soil
mining, a description of the equipment to be used for any processing
of the soil and the number of cubic yards of soil to be removed.
(c)
Measures for soil erosion and sediment control.
(d)
A schedule of the sequence of installation of
planned erosion and sediment control measures as related to the progress
of the project, including anticipated starting and completion dates.
(e)
All proposed revisions of data required shall
be submitted for approval.
(f)
Description of means for maintenance or erosion
and sediment control measures and facilities during and after construction.
C.
General design principles.
(1)
Control measures shall apply to all aspects
of the proposed land disturbances and shall be in operation during
all stages of the disturbance activity. The following principles shall
apply to the soil erosion and sediment control plan:
(a)
Stripping of vegetation, grading or other soil
disturbance shall be done in a manner which will minimize soil erosion.
(b)
Whenever feasible, natural vegetation shall
be retained and protected.
(c)
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
(d)
Either temporary seeding, mulching or other
suitable stabilization measures shall be used to protect exposed critical
areas during construction or other land disturbances.
(e)
Drainage provisions shall accommodate increased
runoff resulting from modified soil and surface conditions during
and after development or land disturbance.
(f)
Water runoff shall be minimized and retained
on site wherever possible to facilitate groundwater recharge.
(g)
Sediment shall be retained on site.
(h)
Diversions, sediment basins and similar required
structures shall be installed prior to any on-site grading or land
disturbance.
(2)
Grading and filling. All lots where fill material
is deposited shall have clean fill and/or topsoil deposited, which
shall be graded to allow complete surface draining of the lot into
local storm sewer systems or natural drainagecourses. No regrading
of a lot shall be permitted which would create or aggravate water
stagnation or a drainage problem on site or on adjacent properties
or which will violate this chapter. Grading shall be limited to areas
shown on an approved site plan or subdivision. Any topsoil disturbed
during approved excavation and grading operations shall be redistributed
throughout the site.
(3)
Soil removal and redistribution. Excavation
of soil other than as required for the construction of approved structures
and supporting facilities, such as but not limited to streets, driveways
and parking areas, shall be prohibited. Regrading of property so as
to redistribute topsoil throughout the site from areas excavated shall
be done in the following manner to minimize or eliminate the erosion
of soil. Any application proposing the disturbance of more than 5,000
square feet of surface area of land as defined in the Soil Erosion
and Sediment Control Act (c. 251, P.L. 1975)[1] shall include on its plan the following: the means to
control or prevent erosion; providing for sedimentation basin(s) for
soil that does erode due to water; controlling drainage, dust and
mud on the premises as well as abutting lands; preserving soil fertility
and the ability of the area to support plant and tree growth by maintenance
of adequate topsoil consisting of at least six inches of the original
layer; maintaining necessary lateral support and grades of abutting
lands, structures and other improvements; preventing pits and declivities
which are hazardous or which provide insect breeding locations; and
not altering the physical limitations and characteristics of the soil
in such a way as to prevent the use to which the land may lawfully
be put.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
D.
Maintenance. All erosion and sediment control measures
installed shall be maintained for one year after completion of the
improvements or until such measures are permanently stabilized as
determined by the Municipal Engineer, whichever is longer. The Municipal
Engineer shall give the applicant, upon the applicant's request, certification
of this determination.
E.
Engineer report and public hearing. If no subdivision or site plan review is required, a separate report by the Municipal Engineer shall be obtained. The Municipal Engineer shall make a report on the application within 30 days of its receipt. The report shall comment upon all the requirements of this section, including but not limited to soil characteristics, slopes, quantities of soil involved, water table, drainage, road capacities, performance bonds and the utility of the site following completion of the operation. All applications shall require a public hearing as set forth in Article II.
F.
Exemptions. The following activities are specifically
exempt from the soil erosion and sediment control provisions:
(1)
Land disturbance associated with the construction
of a single-family dwelling unit unless such unit is a part of a proposed
subdivision, site plan, zoning variance or building permit application
involving two or more such single-family dwelling units.
(2)
Land disturbances of 5,000 square feet or less
of the surface area of land for the accommodation of construction
for which the Standard Building Code of the State of New Jersey would
require a building permit.
(3)
Agricultural use of lands when operated in accordance
with a farm conservation plan approved by the local Soil Conservation
District or when it is determined by the local Soil Conservation District
that such use will not cause excessive erosion and sedimentation.
(4)
Use of land for gardening primarily for home
consumption.
(5)
Percolation tests and/or soil borings.
A.
It shall be unlawful for any person to construct, install, establish or maintain a private swimming pool or wading pool, as herein defined, without having obtained a permit therefor in the manner prescribed in Subsection B below. However, no permit shall be required for a wading pool of the portable type with a depth of 18 inches or less.
B.
Permits. Application for a permit to construct, establish
or maintain or to alter, remodel or add to a permanent private swimming
pool or permanent wading pool shall be made to the Building Inspector
by the owner of the property or by the contractor, in the name of
the owner, who will construct, alter, remodel or add to the same.
The application shall be accompanied by four sets of:
(1)
A
plot plan showing property lines of the premises, all existing houses
and structures thereon, and the location and dimensions of the proposed
private swimming pool or wading pool or alterations, remodeling or
additions thereto, and its auxiliary structures and all existing fences
or walls and the height thereof; and
(2)
Plans
and specifications for the proposed private swimming pool or wading
pool or alterations, remodeling or additions thereto, and all auxiliary
structures and appurtenances related thereto, and the location, height
and aperture dimensions of the fence, together with the gate and its
locking or latching devices, which is to be erected when such fencing
is required under this chapter.
C.
Approval of plot plan, plans and specifications. No
permit for a private swimming pool or permanent wading pool or alterations,
remodeling or additions thereto shall be issued by the Building Inspector
until the plans, specifications and plot plans have been approved
by the Borough Engineer and the Plumbing Inspector of the Borough,
and such approval has been properly certified on the plans.
D.
Fees. A fee of $1 shall be paid to the Borough for
a private swimming pool permit, which permit fee shall be exclusive
of the permit fees required for erection of any accessory structures
to be used in connection with such private swimming pool. The above
permit fee shall be payable annually on May 15 of each year.
E.
Construction and maintenance. All material used in
the construction of private swimming pools and wading pools or alterations,
remodeling or additions thereto, as herein defined, shall be waterproof
and easily cleaned. Neither sand nor earth shall be placed within
any portion of the pool. Construction and design of said pools shall
be such that they may be maintained and operated as to be clean and
sanitary at all times. The owner of every private swimming pool and
wading pool shall be responsible to maintain said pool in such condition
as to prevent breaks in the pool chassis or water from the pool overflowing
onto adjacent property.
F.
Water supply. There shall be no physical connection
between a potable public or private water supply system and such private
swimming pools or wading pools. The outlet of the potable water supply
shall be not less than six inches above the overflow level of the
pool.
G.
Discharge system. All private swimming pools or wading
pools with a water depth of more than 18 inches hereafter constructed,
installed, established or maintained within the Borough of Highland
Park shall be provided with one drainage outlet not in excess of three
inches in diameter extending from said pool to either a storm sewer,
dry well or lawn-sprinkling system on the premises on which said private
pool or wading pool is located. The discharge of water from such private
swimming pools or wading pools into a storm sewer shall be permitted
only following approval by the proper state, county and Borough officials,
as each case requires. No private pool drain or wading pool drain
shall be discharged or flow across any public walkways or public thoroughfares.
H.
Disinfection. All private swimming pools and wading
pools shall be treated with chlorine or its compound in sufficient
quantity so that there will be present in the water at all times when
the pool is in use a residual of excess chlorine of not less than
0.4 nor more than 0.6 parts per million of available free chlorine,
or the equivalent thereof.
I.
Bacteriological standards. Not more than 15% of the
samples of water taken from any private swimming pool or wading pool
when more than 20 samples have been examined, and not more than three
samples when less than 20 samples have been examined, shall contain
more than 200 bacteria per cubic centimeter or shall show positive
test (confirmed) for coliform in any of five ten-cubic-centimeter
portions of water at times when the pool is ready for use. For the
purpose of this section, any number of samplings of water on a single
day shall be considered as one sample. The local Board of Health is
hereby authorized to take samples to ensure compliance with these
requirements.
J.
Accessory buildings. Locker rooms, bathhouses, cabanas,
shower rooms, toilets, runways and all other physical facilities or
equipment incident to the operation of any private swimming pool or
wading pool shall be kept in a sanitary condition at all times.
K.
Location. No private swimming pool or permanent wading pool, or alterations, remodeling or additions thereto with a capacity of more than 250 gallons, and no accessory building as set forth in Subsection J hereof, shall be constructed, erected, installed or maintained within 10 feet of any property line, excepting, however, from this requirement, a portable swimming pool or wading pool.
L.
Fencing.
(1)
All permanent private swimming pools and all
permanent wading pools, or alterations, remodeling or additions thereto,
shall be completely surrounded by a substantial self-supporting fence
or wall of the type and dimensions hereinafter specified.
(2)
All portable private swimming pools and portable
wading pools, unless enclosed by a fence or wall of the type and dimensions
hereinafter specified, shall be either: a) emptied when not in use
or unattended; or b) covered with a suitable strong protective covering,
securely fastened or locked in place, when not in use or unattended;
excepting, however, that a portable swimming pool or portable wading
pool erected above the ground to a height of at least four feet shall
not require said fence or wall, provided, further, that any and all
steps, ladders or other approaches leading into said pool are removed
at all times when the said pool is not in use or unattended.
(3)
Whenever a fence or wall is required to be erected
under this chapter it shall be at least four feet in height and shall
be constructed as not to have openings, holes or gaps larger than
three inches in any dimensions except for doors or gates and, if a
picket-type fence is erected or maintained, the horizontal dimensions
shall not exceed 2 1/2 inches. A dwelling house or accessory
building may be used as part of such enclosure. All gates used in
conjunction with the fence or wall shall meet the same specifications
as the fence or wall itself and shall be equipped with approved locking
and latching devices and shall be locked at all times when the private
swimming pool or wading pool is not in use or when said private swimming
pool or wading pool is not being supervised.
M.
Lighting. No artificial lighting shall be maintained
or operated in connection with private swimming pools or wading pools
in such a manner as to be a nuisance or an annoyance to neighboring
properties, nor shall there be permitted any underwater lighting facilities
in any private swimming pool or wading pool.
N.
Enforcement.
(1)
Every private swimming pool or wading pool,
or alterations, remodeling or additions thereto, constructed, installed,
established or maintained or to be constructed, installed, established
or maintained in the Borough of Highland Park shall at all times comply
with the requirements of the local Board of Health in accordance with
this chapter. Any nuisance or hazard to health which may exist or
develop in or in consequences of or in connection with any such private
swimming pool or wading pool shall be abated and removed by the owner,
lessee or occupant of the premises on which the said pool is located
within 10 days of receipt of written notice from the Building Inspector
or Sanitary Inspector of the Borough of Highland Park.
(2)
It shall be the duty of the Building Inspector
and the Sanitary Inspector, respectively, to enforce the provisions
of this chapter.
(3)
The owner or operator of any pool within the
Borough shall allow the said Building Inspector and the Sanitary Inspector
or other authorized official access to any private swimming pool and
wading pool and appurtenances for the purpose of inspection to ascertain
compliance with this chapter and all other pertinent ordinances at
all reasonable times. Nothing contained in this section, however,
shall in any way whatsoever supersede, waive, nor repeal the requirements
of any and all other chapters of the Borough of Highland Park relating
to structures and uses of property.
O.
Penalty. Any persons, partnership, association or corporation, or any member thereof or officer of same who violates this section or any part thereof shall, upon conviction, forfeit and pay a fine not exceeding $200 or be imprisoned for a term not exceeding 90 days, or both, for each and every offense. Each and every day that a violation continues and each and every day after the ten-day notice provided for in Subsection N herein has been given, without abatement of the violation complained of, shall be deemed to be a separate offense.
A.
No trailer, auto trailer, trailer coach, travel trailer
or camper shall be used for dwelling purposes or as sleeping quarters
for one or more persons, nor shall any such trailer or camper be used
for storage or space for the permanent conduct of any business, profession,
occupation or trade, except that such facilities may be used for temporary
residency as the temporary replacement of a damaged dwelling unit
and for temporary use as a construction office located on a site during
construction or for a sales office, subject to Planning Board approval,
provided that a temporary permit has been issued for its use by the
Building Inspector, This section shall not be construed so as to prohibit
the parking or storage of such trailers and campers on private premises,
but such storage shall be located to conform to the yard requirements
for an accessory building.
B.
Temporary uses.
(1)
"Temporary" for purposes of residential occupancy
shall mean 90 days with an option to extend for one additional ninety-day
period.
(2)
"Temporary" pertaining to use as a model home
and/or construction office shall mean occupancy during the time of
construction.
(3)
Any temporary office shall be removed within
15 days of issuance of the certificate of occupancy for the last unit
or within 15 days of cessation of construction activity.
(4)
The maximum allowable time period for a permitted
temporary structure or use shall be set at one year.
A.
No open space provided around any principal building
for the purpose of complying with front, side or rear yard provisions
shall be considered as providing the yard provisions of another principal
building. On a lot which extends through a block in a manner resulting
in frontage on two or more streets, including corner lots, front yard
requirements shall be complied with on all street frontages.
B.
No front yard shall be used for open storage of boats,
vehicles or any other equipment, except for parking on driveways in
a residential zone for the parking of passenger vehicles.
Outdoor cafes shall be permitted on sidewalks,
plazas and courtyards, including areas within the public right-of-way,
in accordance with the relevant Borough ordinances, and provided the
following standards are met:
A.
Pedestrian circulation or access to store entrances
shall not be impaired. To allow for pedestrian circulation, a minimum
of five feet of sidewalk along the curb and leading to the entrance
to the establishment shall be maintained free of tables or other encumbrances.
B.
The area occupied by the cafe may be defined by planters,
posts with ropes or other removable enclosures located along its perimeter.
C.
The area occupied by the cafe shall be paved using
one or more of the recommended modular masonry materials, following
the adopted Raritan Avenue sidewalk standard.
D.
Outdoor cafes may be required to provide adopted trash
receptacles, depending on the type of food service proposed.
E.
The tables, chairs and other elements of street furniture
shall be compatible with the architectural character of the building
where the establishment is located.
F.
Extended awnings, colorful canopies or large umbrellas
shall be permitted and located to provide shade. Colors shall complement
building colors.
G.
Outdoor cafes shall not be entitled to additional
signage over and beyond what is permitted for this type of establishment.
H.
The operators of outdoor cafes shall be responsible
for maintaining a tidy appearance within the area of their activities.
Sidewalk displays shall be permitted directly
in front of an establishment to which they relate, provided the following
conditions are met:
A.
There shall be at all times at least five feet of
clearance at the storefront entrance or wider if needed for adequate
and uncluttered pedestrian access.
B.
Display cases shall be located directly against the
building wall, and shall be no more than two feet deep.
C.
Display areas shall not exceed 50% of the length of
the storefront.
D.
Sidewalk displays shall maintain a tidy appearance
at all times and shall be compatible with the colors and character
of the storefront from which the business operates.
E.
Sidewalk displays shall be limited to normal business
hours, and display cases shall be removed at the end of the business
day.
A.
Specific regulations. Site disturbance shall be limited on steep sloped areas, as defined by Subsection D(2).
B.
Applicability. All applications for subdivision or
site plan approval, grading or clearing of any lot, conditional use
or use variance approval, and additions or new construction containing
an increase of 600 square feet in building footprint or greater shall
submit all information required under this section to the appropriate
reviewing authority, which shall not approve the application unless
the approval requirements of this section are met.
C.
Steep sloped area identification.
D.
Permitted slope activity.
(1)
To the greatest extent possible, any applications
for subdivision or site plan approval, grading or clearing of any
lot, conditional use or use variance approval shall avoid disturbances
of slopes of 10% or greater.
(2)
Limited disturbance of steep slope areas is
permitted, as follows:
|
Table A
| ||
|---|---|---|
|
Steep Slope Category
|
Maximum Disturbance
| |
|
10% to 14.99%
|
60%
| |
|
15% to 19.99%
|
30%
| |
|
20% to 24.99%
|
10%
| |
|
25% or greater
|
0%
| |
E.
Permitted disturbance.
(1)
Disturbance within the allowed maximum disturbance limits as set forth in Subsection D may only be permitted where the applicant can show the reviewing body the following:
(a)
Proposed excavation, removal, depositing or
disturbance of soil is consistent with the intent of this chapter
and will be executed in a manner that will not cause significant erosion
or other unstable conditions.
(b)
Provision shall be made for the proper disposition
of surface water runoff so that it will not create unstable conditions.
Appropriate storm drainage facilities shall be constructed as deemed
necessary, and adequate protective measures shall be provided for
downstream properties both during and after construction.
(c)
Provision shall be made for any structures or
protective measures that may be required for the protection of the
public safety, including but not limited to retaining walls, headwalls
and fences.
(d)
Proper facilities have been or will be provided
for a safe water supply and for the disposal of sanitary sewage as
approved by the Highland Park Board of Health.
(e)
Any proposed building or structure or attendant
protective measures will not impede the flow of surface waters through
any stream corridor or cause an increase in flood heights or velocities.
(f)
Provisions shall be made for the proper disposal
of surface water runoff, so that the proposed alteration will not
create any unstable conditions.
(g)
Roadways, drives and parking areas shall be
designed such that any land disturbance will not cause significant
erosion.
(i)
Degradation to water resources shall be avoided
through the implementation of best management practices as defined
by the NJDEP.
(j)
Areas disturbed during construction shall be
reestablished with proper vegetation to reduce erosion and water quality
impairment.
F.
Procedural requirements.
(1)
Applicants for subdivision or site plan approval, grading or clearing of any lot, conditional use or use variance approval, or additions or new construction of 1,000 square feet in floor area or greater of any lot involving the disturbance of steep sloped areas shall submit the required information regarding steep slope conditions to the appropriate reviewing authority. Requests for permitted disturbance of steep sloped areas shall not be approved unless the following requirements have been met, in addition to the submission requirements of Article VIII. All submitted plans, details and calculations shall be prepared, signed and sealed by a New Jersey licensed professional engineer:
(a)
Steep slope analysis, including an on-site topographic survey utilizing a one-foot contour interval where slopes are 7% or less, two feet where slopes are more than 7% but less than 14%, and five feet where slopes are 15% or more, to document steep sloped areas. Each category shall be separately identified and shaded on a plan showing the existing and proposed topographic information at a scale required as per site plan or subdivision submission requirements. The area designated as steep sloped shall be calculated in square footage and acres in the slope categories listed in Table A in Subsection D(2).
(b)
Existing and proposed grades and existing and
proposed spot elevations for all structures on site.
(c)
Location and details of all drainage devices,
retaining walls, cribbing, dams, dry wells, or other protective devices
to be constructed, any existing or proposed swales, ditches, brooks
or other drainage patterns.
(d)
Profiles, cross sections and details of all
retaining walls, showing the height of each wall, the elevation at
the top and bottom of each wall, the materials used, any safety barriers,
the calculations of anticipated earth and hydrostatic pressure and
the calculations detailing the design of each wall.
(e)
Limits of disturbance and clearing clearly demarcated.
(f)
Landscaping plans with the proposed limits of
disturbance and identification of all existing vegetation to be disturbed,
as well as all other applicable requirements of the Borough's Tree
Removal and Replacement Ordinance.
G.
Time for decision. The appropriate reviewing agency
shall approve, approve with conditions or deny an application for
a steep slopes disturbance approval within 45 days from the date of
submission of a completed application. Where the request for steep
slopes disturbance is part of a site plan, subdivision or variance
application, the time period regulating those applications shall apply.
H.
Fees. All applications involving steep sloped areas
shall submit $150 in application fees and $300 in initial escrow fees.
I.
Waiver. An applicant may seek relief from these requirements
by variance granted by the approving authority (Planning Board or
Zoning Board of Adjustment).
J.
Conservation easements. Any applications for subdivision
or site plan approval, grading or clearing of any lot, conditional
use or use variance approval shall, to the greatest extent possible,
protect undisturbed slopes of 15% or greater with a conservation easement
or deed restriction. All such easements or deed restrictions shall
be in a form satisfactory to the Borough Attorney.
[1]
Editor's Note: Former § 230-122.1, Attached garages,
added 10-5-2010 by Ord. No. 10-1794, was repealed 8-2-2022 by Ord. No. 22-2055.
