[Added 9-16-2003 by Ord. No. 2003-6]
A. Principal uses and buildings permitted in all residential
zones shall be as follows:
[Amended 12-20-2010 by Ord. No. 2010-17]
(1) Single-family detached dwellings.
(2) Public parks and recreation facilities.
(3) Municipal buildings and other municipal uses as are
deemed necessary and appropriate by the governing body of the Borough.
(4) Public and parochial schools.
B. Accessory uses and buildings permitted in all residential
zones shall be as follows:
(1) Private garages, carports or other accessory structures
on the same lot with, and customarily incidental to, the principal
building or use.
(2) The offices of a member of a recognized profession
who is in residence on the lot, provided that the total floor area,
including that in accessory structures, devoted to office space shall
not exceed 50% of the habitable ground floor area of the principal
building on the lot.
(3) Home occupations, provided that:
(a)
Noise or other objectionable characteristics
incident thereto shall not be discernible beyond the boundaries of
the lot, nor shall any such home occupation be conducted out of doors.
(b)
Not more than one person shall be engaged in
such home occupation at any time.
(c)
The total floor area, including that in accessory
structures, devoted to any permitted home occupation shall not exceed
25% of the habitable ground floor area of the principal building on
the lot.
(4) Swimming pools, hot tubs, water features and solar
cover storage.
[Amended 4-2-2012 by Ord. No. 2012-01; 2-9-2015 by Ord. No. 2015-01; 4-3-2023 by Ord. No. 2023-05]
(a)
No swimming pool shall be constructed or placed in any lot except
as follows:
[1]
Except as otherwise provided in this section, swimming pools
shall be located behind the front building setback line and shall
not infringe upon the required minimum accessory building setback
line.
[2]
Notwithstanding Subsection
B(4)(a)[1] above, a swimming pool may be located in the front yard of lots abutting the Barnegat Bay and Atlantic Ocean, provided that no swimming pool extending one foot or less above grade shall be located closer than 20 feet to a bulkhead or revetment of a tidal water body or street line. No swimming pool extending greater than one foot above grade shall be located closer than 35 feet to a bulkhead or revetment to supersede the requirements of Chapter
75, Article
II, Protection of Beaches and Dunes.
[3]
No swimming pool shall be located closer than 20 feet to any
street line.
[4]
All swimming pool setbacks shall be measured from the inside
of the edge of the coping or the water line, whichever is closer.
[5]
Hot tubs, water features and cover storage shall meet the minimum
setbacks for swimming pools.
(b)
Swimming pools shall be enclosed by a continuous fence. The
fence shall have a minimum height of four feet (48 inches) and a maximum
height of six feet (72 inches).
C. Area, yard and building requirements shall be as specified for in the Schedule, heretofore adopted by §
147-5 of this chapter, unless otherwise permitted by this chapter.
D. Off-street parking, loading and vehicular access shall
be as follows:
(1) As specified in §
147-13 of this chapter as defined for that particular use.
(2) Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in §
147-13 of this chapter
E. Signs shall be as specified in §
147-14 of this chapter.
[Amended 10-4-1994 by Ord. No. 1994-10; 11-8-1995 by Ord. No. 1995-11; 8-5-1997 by Ord. No. 1997-6; 3-16-1999 by Ord. No. 1999-4; 9-16-2003 by Ord. No. 2003-6]
The following regulations shall apply in the
R-100 Zone:
A. Principal uses and buildings permitted shall be as specified in §
147-6.1A.
B. Accessory uses and buildings permitted shall be as specified in §
147-6.1B.
C. Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by §
147-5 of this chapter, unless otherwise permitted by this chapter.
D. Off-street parking, loading and vehicular access shall
be as follows:
(1) As specified in §
147-13 of this chapter as defined for that particular use.
(2) Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in §
147-13 of this chapter.
E. Signs shall be as specified in §
147-14 of this chapter.
[Added 9-16-2003 by Ord. No. 2003-6]
The following regulations shall apply in the
R-100-BF Zone:
A. Principal uses and buildings permitted shall be as specified in §
147-6.1A.
B. Accessory uses and buildings permitted shall be as specified in §
147-6.1B.
C. Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by §
147-5 of this chapter, unless otherwise permitted by this chapter.
D. Off-street parking, loading and vehicular access shall
be as follows:
(1) As specified in §
147-13 of this chapter as defined for that particular use.
(2) Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in §
147-13 of this chapter.
E. Signs shall be as specified in §
147-14 of this chapter.
[Added 9-16-2003 by Ord. No. 2003-6]
The following regulations shall apply in the
R-100-OF Zone:
A. Principal uses and buildings shall be as specified in §
147-6.1A.
B. Accessory uses and buildings shall be as specified in §
147-6.1B.
C. Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by §
147-5 of this chapter, unless otherwise permitted by this chapter.
D. Off-street parking, loading and vehicular access shall
be as follows:
(1) As specified in §
147-13 of this chapter as defined for that particular use.
(2) Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in §
147-13 of this chapter.
E. Signs shall be as specified in §
147-14 of this chapter.
F. For properties which abut the Atlantic Ocean, the
front yard setback line shall be specific to each property and is
depicted on the Borough of Bay Head Land Use Appendix B, Oceanfront
Properties—Front Yard Setback Map. Notwithstanding this provision,
construction east of the front yard setback line that had been lawfully
erected pursuant to a permit granted by the Borough prior to the enactment
of this chapter may be left in place and shall not be deemed to violate
this chapter. This exception shall not apply to construction within
any easement area associated with the USACE Beachfill and Dune Project.
[Amended 4-6-2020 by Ord. No. 2020-05]
G. For the purpose of this section, the landward edge of the dune shall be specified and defined in Chapter
75 (Beaches).
[Amended 11-20-2001 by Ord. No. 2001-9; 9-16-2003 by Ord. No. 2003-6]
The following regulations shall apply in all
R-50 Zones:
A. Principal uses and buildings shall be as specified
in § 147-6.IA.
B. Accessory uses and buildings shall be as specified in §
147-6.1 B.
C. Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by §
147-5 of this chapter, unless otherwise permitted by this chapter.
D. Off-street parking, loading and vehicular access shall
be as follows:
(1) As specified in §
147-13 of this chapter as defined for that particular use.
(2) Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in §
147-13 of this chapter.
E. Signs shall be as specified in §
147-14 of this chapter.
[Amended 11-3-1993 by Ord. No. 1993-10; 9-16-2003 by Ord. No. 2003-6]
The following regulations shall apply in all
B & B Zones.
A. Principal uses and buildings permitted shall be as
follows:
(2) Bed-and-breakfast inns which are residential in appearance.
B. Accessory uses and buildings shall be as specified in §
147-6.1B.
C. Area, yard and buildings requirements shall be as specified for this zone in the Schedule, heretofore adopted by §
147-5 of this chapter, unless otherwise permitted by this chapter.
D. Off-street parking, loading and vehicular access shall
be as follows:
(1) As specified in §
147-13 of this chapter as defined for that particular use.
(2) Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in §
147-13 of this chapter.
E. Signs shall be as specified in §
147-14 of this chapter.
[Amended 11-3-1993 by Ord. No. 1993-10; 10-4-1994 by Ord. No. 1994-10; 7-6-1999 by Ord. No. 1999-9; 9-16-2003 by Ord. No. 2003-6]
A. Principal uses and buildings permitted shall be as
follows:
(2) Retail stores, shops and markets; provided, however,
stores selling firearms or similar weapons are specifically prohibited.
(3) Service establishments, such as barbershops, beauty
shops, tailoring and dressmaking shops, shoe repair shops and dry-cleaning
and laundry services; provided, however, businesses offering to provide
body tattoos and body piercing services, excluding acupuncture, are
specifically prohibited.
(4) Banks and other financial institutions.
(5) Business and professional offices.
(6) Restaurants and eating and drinking establishments, but only upon application for a conditional use permit in accordance with the standards as specified in §
147-17 of this chapter.
(7) Shops of a plumber, electrician or similar tradesman.
(8) Music, art and dance studios.
(9) Parking lots for private passenger vehicles, but not
for the storage of vehicles for sale or hire.
B. Permitted accessory uses shall be as follows:
(1)
(a)
The maximum floor area percentage limitations
on structures devoted to professional or home occupation uses shall
not apply.
(b)
The dwelling which is combined with a professional
use or home occupation use shall contain not less than 600 feet of
habitable floor area.
(c)
The number of employees engaged in such permitted
home occupations shall not be limited.
(2) Garages to house commercial vehicles normally associated
with a permitted business use.
(3) Other customary uses and structures which are clearly
incidental to the principal use and structure.
C. Area, yard and building requirements shall be as specified in the Schedule, heretofore adopted by §
147-5 of this chapter, unless permitted otherwise by this chapter.
D. Off-street parking, loading and vehicular access shall
be as follows:
(1) Off-street parking space for the use of patrons and employees as further detailed in §
147-13 of this chapter.
E. Signs shall be as specified in §
147-14 of this chapter.
[Amended 10-4-1994 by Ord. No. 1994-10; 9-16-2003 by Ord. No. 2003-6]
The following regulations shall apply to all
B-2 Zones:
A. Principal uses and buildings permitted shall be as
follows:
(2) Marine services such as dockage, boat hauling, boat
sales and boat repairs, provided that:
(a)
No toxic or corrosive fumes, gas, smoke, odors
or vapors shall be emitted and no offensive noise, vibration, glare
or flash shall be created which can be smelled, heard or seen beyond
the premises and no objectionable effluent shall be discharged beyond
the premises.
(b)
Not over 10 horsepower shall be employed in
operating machinery in any one building for each 2,500 square feet.
(c)
Only electric motor power shall be used for
operating machinery.
(d)
A "slip" is defined as the storage location
for one vessel, be it in the water, on a rack or on a parked trailer.
(3) Marine gasoline stations on bulkheads or docks, but only upon application for a conditional use permit in accordance with the standards specified in §
147-17 of this chapter.
(4) Outside storage of boats. Other than small sailing
dingys or small light sailing boats, rack storage of boats such as
outboard or inboard-outboard boats will be limited to two levels.
All storage must comply with appropriate setback provisions for the
zone. By definition, a boat in rack storage or stored on land on a
trailer will be considered in the same manner as a boat in a slip
in the water.
(6) Marine engine sales and repairs.
(7) Marine supplies and equipment sales.
(10)
Quasi-public buildings and recreation areas, but only upon application for a conditional use permit in accordance with the standards specified in §
147-17 of this chapter.
B. Permitted accessory uses and buildings shall be as
follows:
(2) Snack bars or coffee shops in conjunction with and
clearly incidental to any marine use, provided that:
(a)
Such snack bars or coffee shops shall be completely
within an enclosed building and shall not have any exterior drive-in
or walk-up facilities.
(b)
Not more than 30% of the building in which the
snack bar or coffee shop is located shall be devoted to such use,
and in no case shall more than 450 square feet be devoted to such
use.
C. Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by §
147-5 of this chapter, unless otherwise permitted by this chapter.
D. Off-street parking, loading and vehicular access shall
be as follows:
(1) As per §
147-13 of this chapter, unless otherwise permitted by this chapter.
(2) Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set for the in §
147-13 of this chapter.
E. Signs shall be as specified in §
147-14 of this chapter.
[Added 11-3-1993 by Ord. No. 1993-10; amended9-16-2003 by Ord. No. 2003-6]
This zone is made up entirely of lands which
are in public ownership, most of which are severely constrained due
to the presence of wetlands or open waters. The only development permitted
in this zone is that which is necessary to support the existing public
open space and transportation uses. No other development is permitted.
[Amended 12-16-1986 by Ord. No. 1986-16]
A. Off-street parking spaces shall be provided on the
same lot as the principal use in the following ratios:
[Amended 11-3-1993 by Ord. No. 1993-10; 10-4-1994 by Ord. No. 1994-10]
Use
|
Minimum Number of Spaces
|
---|
Single-family dwellings
|
2 per dwelling unit
|
Bed-and-breakfast inns
|
1 per rental unit
|
Schools, theaters and assemblies
|
1 per 5 seats
|
Community centers, libraries and museums
|
1 per 800 square feet of public floor area
|
Retail stores
|
1 per 500 square feet of gross floor area
|
Personal service establishments
|
1 per 500 square feet of gross floor area
|
Business and professional offices
|
1 per 500 square feet of gross floor area
|
Restaurants
|
1 per 4 seats based on maximum capacity
|
Tradesmen's shops
|
1 per 2 employees
|
All other commercial uses
|
1 per 500 square feet of gross floor area
|
Marinas [Amended9-16-2003 by Ord. No. 2003-6]
|
1 per 3 boat slips
|
B. All off-street commercial parking space with the capacity
of four or more vehicles shall either be treated or paved with a surfacing
material so as to be hard-surfaced, adequately drained and dust-free,
and shall be screened from adjacent residential lots by means of an
evergreen hedge, fence or masonry wall not less than four feet nor
more than six feet in height. For all permitted uses in the B-1 District,
exclusive of restaurants and eating and drinking establishments, no
off-street parking shall be required as long as there is no increase
in the gross floor area of the building containing the permitted uses.
[Amended 10-4-1994 by Ord. No. 1994-10]
C. Parking, loading and access areas shall be located
as follows:
(1) Off-street parking to be provided as specified above
shall be provided with necessary passageways and driveways. All such
space shall be deemed to be required space on the lot on which the
principal use is situated and shall not thereafter be encroached upon
or reduced in any manner. Such parking areas shall be surfaced with
a dustless, durable, all-weather pavement, clearly marked for car
spaces, except when provided in connection with one- or two-family
uses, and shall be adequately curbed and drained subject to the approval
of the Borough Engineer. A driveway serving parking areas on adjoining
lots shall not be permitted. Each lot shall accommodate driveway access
on site to its required parking area.
[Amended 11-3-1993 by Ord. No. 1993-10]
(2) Parking areas and driveways thereto required for commercial
or industrial uses shall be adequately illuminated during operating
hours which occur after sunset. Any adjacent residential zones shall
be shielded from the glare of said illumination and that of automobile
headlights.
(3) In B-1 Zones, off-street loading and unloading space
shall be provided at the side or rear of the building at the rate
of one space for every 5,000 square feet of gross floor area, or fraction
thereof, for each business permitted in said zone.
(4) Parking spaces shall be 9 feet by 18 feet, with adequate
ingress and egress.
[Amended 11-3-1993 by Ord. No. 1993-10]
No signs or any other advertising structures shall be permitted
in the Borough except as specified in the following subsections.
A. R-100,
R-50 and B & B Zones.
[Amended 11-3-1993 by Ord. No. 1993-10]
(1) One
nameplate not more than six inches in height and 18 inches in width
bearing only the name and the profession of a person occupying a building
for one of the uses permitted in this district.
(2) Not
more than one unlighted real estate sign not over two square feet
in area advertising the sale, lease or rental of the lot upon which
it is maintained. Additionally, one unlighted open-house sign not
over two square feet in area may be placed on the property the morning
prior to the day of the event and must be removed at the conclusion
of the event. No balloons, streamers, flags or similar items may be
utilized.
[Amended 5-3-1994 by Ord. No. 1994-4; 7-5-2016 by Ord. No. 2016-15]
(3) Temporary
signs in shop windows for a period not exceeding two weeks in a building
presently subject to nonconforming use regulations; provided, further,
that only 25% of the window area may be devoted to such signs.
(4) Temporary
directional signs not exceeding two square feet in area, indicating
the location of special events of general interest within the Borough
of Bay Head upon application to the Construction Official, provided
that such signs shall be removed not later than one week after the
occurrence of the event advertised.
(5) Permanent
directional signs on lands presently subject to nonconforming use
regulations, for parking, directions, etc., provided that each of
such signs does not exceed four square feet in area.
(6) Informational
or directional signs not exceeding 12 square feet in area placed by
a permitted nonprofit or religious organization upon application to
the Construction Official.
[Amended 10-4-1994 by Ord. No. 1994-10]
(7) One
or more signs indicating only the name, occupancy or purpose of such
building for any bed-and-breakfast inn, provided that the aggregate
area of such signs shall not exceed six square feet.
(8) Contractor
signs are prohibited in the Borough of Bay Head.
[Added 7-5-2016 by Ord.
No. 2016-15]
B. B-1 Zone.
(1) Signs
permitted in the R-100 and R-50 Zone.
(2) Signs
or advertising devices outside of or attached to the exterior of a
building, provided that such signs or advertising devices refer to
the premises upon which they are displayed and to the services rendered
therein; and provided, further, that no sign shall project beyond
any front yard line. In buildings or on sites which have multiple
tenancies, facade signs for individual uses shall be placed only on
the portion of the building which is occupied by that use. Where such
multiple tenancy buildings or sites desire to place a directory sign
on a portion of the building which is visible from a public street,
said sign shall be permitted subject to the overall sign area limitations
set forth herein. The aggregate sign area for one or more signs, including
signs on vending machines, shall not be more than 15 square feet on
or in front of a building with a building frontage of fifty 50 feet
or less. Any building having a frontage of more than 50 feet shall
be permitted an additional 10 square feet of sign area for each additional
50 feet of building frontage. All exterior or interior signs on vending
machines shall be considered in determining compliance or noncompliance
with permitted sign area as provided in this section. Each store in
a building that has more than one store, each separated by a solid
partition and each having separate entrances, will be allowed the
same sign area as if each store were in a separate building. Aggregate
sign area on corner buildings and other buildings fronting on more
than one street may be increased in accordance with and in proportion
to the number of streets upon which the building fronts, provided
that the sign area for any one street shall not exceed 15 square feet
for the first 50 feet or part thereof, or an additional 10 square
feet of sign area on any additional part of 50 feet. There shall be
no neon tubing or bare bulb illumination permitted on any signs.
[Amended 10-4-1994 by Ord. No. 1994-10]
C. B-2 Zone.
(1) Signs
permitted in the R-100 Zone and in the R-50 Zone.
(2) Signs
permitted in the B-1 Zone, with the provisions that a business property
having a waterfront entrance shall be permitted the same sign area
on the waterfront as if said waterfront were a street.
D. Projecting signs prohibited. No person shall erect or maintain
any sign across or over any sidewalk or signs which project in part
over any sidewalk in the Borough.
[Amended 5-6-2019 by Ord.
No. 2019-05]
A. Enforcement. The provisions of this chapter shall be administered
and enforced by the Zoning Officer of the Borough. In no case shall
a permit be granted for the construction or alteration of any building
where the proposed construction, alteration or use thereof would be
in violation of any provisions in this chapter. It shall be the duty
of the Zoning Officer or his duly authorized assistants to cause any
building, plans or premises to be inspected or examined and to order,
in writing, the remedying of any conditions found to exist in violation
of any provision of this chapter, and he has the right to enter any
building or premises in the course of these duties.
B. Certificates and permits.
(1) Conditional use permits.
(a)
Applications for any conditional use permit as permitted by
this chapter shall be made to the approving authority in accordance
with this chapter.
(b)
In approving any such application, the approving authority may
impose any conditions that it deems necessary to accomplish the reasonable
application of the standards set forth in this chapter and may deny
any such application not in accordance with said standards.
(2) Zoning permit.
(a)
The applicant shall supply the Zoning Officer with all appropriate
information necessary to make an informed determination under this
chapter as well as all data required by the State Uniform Construction
Code as to whether the application complies with the provisions
of this chapter or variance therefrom duly authorized by the Planning
Board.
(b)
If the Zoning Officer shall determine that said application
conforms in all respects to the requirements of the land use ordinances,
he or she shall issue the zoning permit, sign, date and stamp all
plans, and so advise the Construction Code Official.
(c)
If the Zoning Officer shall determine that said application
does not conform in all respects to the requirements of the land use
ordinances, he shall note in what respects the application does not
conform and shall deny the application. The Zoning Officer shall notify
the Construction Code Official of such denial, and shall advise the
applicant of his or her right to apply to the Planning Board for an
appropriate remedy.
(d)
Upon approval by the Planning Board of the appropriate action,
the Planning Board shall forward a copy of the memorialized resolution
to notify the Zoning Officer that the matter has been satisfactorily
concluded. The Zoning Officer shall issue a zoning permit, sign, stamp
and date all approved plans, and so advise the Construction Code Official.
If the Planning Board shall deny the application, it shall advertise
the denial as required by law and forward a copy of the memorialized
resolution to notify the Zoning Officer that the matter has been denied.
(3) Records.
(a)
It shall be the duty of the Zoning Officer to keep a record
of all applications for zoning permits issued and a record of all
certificates of occupancy which he signs, together with a notation
of all special conditions involved. He shall file and safely keep
copies of all plans submitted, and the same shall form a part of the
records of his office and shall be available for the use of the Borough
Council and of other officials of the Borough of Bay Head.
(b)
The Zoning Officer shall prepare a quarterly report for the
Borough Council summarizing for the period since his last previous
report all zoning permits issued and certificates signed by him and
all complaints of violations and the action taken by him consequent
thereon. A copy of each such report shall be filed with the Borough
Tax Assessor at the same time it is filed with the Borough Council.
The following standards shall be observed by
the approving authority when reviewing an application for a conditional
use permit:
A. Marine gasoline stations. Marine gasoline stations
may be permitted in the B-2 Marine Commercial Zone, provided that
the following standards and restrictions are complied with:
(1) A set of plans, specifications and plot plans shall
be submitted in triplicate to the approving authority showing in detail
the exact location of such marine gasoline tanks to be installed,
the dimensions and capacity of each tank, the location of each tank,
the number and location of pumps to be installed and the type of accessory
buildings to be constructed.
(2) Said use shall be located on a dock or bulkhead and
shall serve only marine craft.
(3) No gasoline storage tank, gasoline pump or building
used to store oil shall be located nearer than 25 feet to any property
line, nor shall such tank, pump or building be located closer than
30 feet to any other buildings.
B. Restaurants and eating and drinking establishments. Restaurants and eating and drinking establishments shall be permitted in the B-1 Zone subject to meeting the off-street parking requirements of this chapter, as set forth in §
147-13, and subject further to a minimum setback of 50 feet from the restaurant to the nearest lot line of a single-family residential use. The required setback shall be measured from the nearest portion of the building which is occupied by the restaurant to the nearest lot line of a lot which is used exclusively as a single-family dwelling.
[Amended 10-4-1994 by Ord. No. 1994-10]
C. Quasi-public buildings and recreation areas. Quasi-public
buildings and recreation areas, including yacht club houses, tennis
courts, swimming pools, playgrounds and other such activities operated
by nonprofit organizations, may be permitted in the Marine Commercial
Zone, provided that the following standards and conditions are complied
with:
(1) A set of architectural plans, specifications and plot
plans, a statement setting forth full particulars on the operation
of the use and a complete list of the proposed charter membership,
including names and residence addresses, shall be filed with the approving
authority, in triplicate.
(2) It is ascertained by the approving authority that
the proposed use is a bona fide nonprofit organization operated solely
for the recreation and enjoyment of the members of said organization.
(3) It is ascertained by the approving authority that
the proposed use in the proposed location will not adversely affect
the safe and comfortable enjoyment of property rights or otherwise
adversely affect the value of adjacent properties, that the design
of any structure erected in connection with such use is in keeping
with the general character of the area and that sufficient landscaping,
including trees, shrubs and lawns, are provided to serve as a buffer
between said use and adjoining properties and to ensure an attractive
appearance for the use.
(4) The property proposed to be occupied by such use shall
have a minimum lot area of 30,000 square feet with a minimum frontage
of 100 feet on an approved street. Not more than 40% of the land area
of the property shall be occupied by buildings and structures.
(5) Off-street parking shall be provided at a ratio of
one space for each four individual members of said organization.
(6) The approving authority shall then decide the matter
in accordance with the procedure provided for the issuance of special
permits, following the standards and conditions above stated.
D. Wireless telecommunications towers and antennas.
[Added 4-5-2005 by Ord. No. 2005-3]
(1) Purpose.
(a)
The purpose of these regulations for the siting
of wireless telecommunications towers and antennas is to:
[1]
Protect residential areas and land uses from
potential adverse impacts of towers and antennas;
[2]
Encourage the location of towers and antennas
in appropriate locations;
[3]
Minimize the total number of towers and antennas
within the Borough;
[4]
Strongly encourage the joint use of approved
tower facilities as a primary option rather than construction of new
or additional single-use towers;
[5]
Encourage users of towers and antennas to locate
them, to the extent possible, in areas outside the Borough where the
adverse impact on the residential and resort character of Bay Head
and adjoining shore resort areas is minimized;
[6]
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques;
[7]
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently;
[8]
Consider the public health and safety of communication
towers;
[9]
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures;
[10]
Encourage the use of appropriate and new technology
so as to minimize adverse environmental, noise and visual impacts
of telecommunications facilities and equipment;
[11]
Require prompt removal of abandoned telecommunications
towers, antennas and support facilities and equipment.
(b)
In furtherance of these goals, the Borough shall
give due consideration to the Master Plan, Zoning Map, existing land
uses, and environmentally sensitive areas in approving sites for the
location of towers and antennas.
(2) Applicability. The regulations within this subsection
shall be applicable to all new towers and antennas and the proposed
expansion, addition or collocation of new antennas on existing towers,
at existing sites or previously approved telecommunications towers,
sites and facilities except as follows:
(a)
Amateur radio stations and receive-only antennas.
The provisions of this subsection shall not govern any antenna that
is owned and operated by a federally licensed amateur radio station
operator or is used exclusively as a "receive-only antenna" in accordance
with Federal Communications Commission (FCC) regulations.
(b)
Satellite dish antennas. The provisions of this
subsection shall not apply to residential satellite dish antennas
or to commercial satellite dish antennas and transmitters that are
less than 24 inches in diameter.
(3) Antennas and towers permitted on Borough property.
Wireless communications towers and antennas which are located on property
owned by the Borough of Bay Head, except for public park and school
properties listed in Schedule B, and which are approved by the Borough Council shall be
deemed to be permitted as a municipal facility.
(4) Antennas and towers which are not municipal facilities.
Wireless telecommunications towers and antennas that are not municipal
facilities may be permitted on nonmunicipal property and nonresidential
properties and nonresidential structures as follows:
(a)
Roof-mounted antenna. "Roof-mounted antenna
or antenna array" shall mean an antenna that meets the following criteria:
[1]
The facility is categorically excluded from
routine monitoring by virtue of the power output of all antennas placed
on the building pursuant to the standards set forth by the FCC. To
meet this condition:
[a] The power output is measured in
watts, effective radiated power (ERP) or effective isotropic radiated
power (EIRP); and
[b] It is assumed, for the purpose
of calculation, that all channels are operating simultaneously and
continuously at maximum power; and
[c] The power is calculated as a sum
of the output of all antennas from all carriers that share the building.
[2]
Associated equipment shall conform with the
bulk requirements of the zone in which the facilities are located.
(b)
Utility pole-mounted antenna. "Pole-mounted
antenna and equipment" shall mean single array and transmitter equipment
mounted on a pole-type structure such as an existing street or light
pole within a developed street, with the associated equipment enclosure
mounted on the pole or installed completely below grade and the total
power output not to exceed one watt and is less than 14 inches by
16 inches in length and width and eight inches in depth, including
all associated equipment, and may have an antenna with a length not
to exceed 30 inches.
(c)
Marine mast antenna. A marine mast antenna is
one which may be located on a property occupied by a principal, nonresidential
use within areas such as marinas, yacht clubs and boat repair facilities
along the Bamegat Bay with a nautical design such as a single (monopole)
mast or a mast with cross-arms that will blend in with the nautical
character of sailing or other ship masts and the marina area and facilities.
All supporting facilities shall be designed to be similar in character
to marina or other boating facilities located on the same property.
(d)
General requirements.
[1]
Principal or accessory use. Wireless telecommunications
towers and antennas may be considered either principal or accessory
uses. A different existing use of an existing structure on the same
lot shall not preclude the installation of a permitted antenna or
tower on such lot.
[2]
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
[3]
Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide to the Borough, as part
of an application for an antenna, an inventory of all existing telecommunications
towers, antennas, or sites approved for towers or antennas, that are
either within the jurisdiction of Bay Head or within three miles of
the border thereof, including specific information about the location,
height, and design of each tower. The Borough may share such information
with other applicants applying for approvals under this subsection
or other organizations seeking to locate antennas within the jurisdiction
of Bay Head; provided, however, that the Borough is not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable. Applicants shall provide documentation
of theoretical gaps in service based upon industry standards and actual
gaps in service based upon in-field and drive-by studies. Such studies
shall be subject to independent verification by an independent expert
authorized by the Borough.
[4]
Aesthetics. Towers and antennas shall meet the
following requirements:
[a] Towers shall either maintain a
galvanized steel finish or, subject to any applicable standards of
the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
[b] At a tower site, the design of
the buildings and related structures shall, to the extent possible,
use materials, colors, textures, screening, and landscaping that will
blend them into the natural setting and surrounding buildings.
[c] If an antenna is installed on a
structure other than a tower, including an existing nonresidential
building, the antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
[5]
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
[6]
State and federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the state or federal government with the authority
to regulate towers and antennas.
[7]
Uniform Construction Code; safety standards.
To ensure the structural integrity of towers and antennas, the owner
of a tower or antenna shall ensure that it is maintained in compliance
with standards contained in applicable state and municipal codes,
including the New Jersey Uniform Construction Code and the applicable
standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the
Borough concludes that a tower or antenna fails to comply with such
codes and standards and constitutes a danger to persons or property,
then, upon notice being provided to the owner of the tower or antenna,
the owner shall have 30 days to bring such tower or antenna into compliance
with such standards. Failure to bring such tower or antenna into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
[8]
Measurement. For purposes of measurement, tower
setbacks and separation distances shall be calculated and applied
to facilities located in Bay Head, irrespective of municipal jurisdictional
boundaries.
[9]
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in Bay Head have been obtained and shall file a copy of all required
franchises with the Borough.
[10]
Public notice. For purposes of this subsection,
any variance request or request for site plan approval shall require
public notice to all abutting property owners and all property owners
of properties that are located within the corresponding separation
distance listed in Schedule A in addition to any notice otherwise required by this chapter.
[11]
Signs. No advertising signs shall be allowed
on an antenna or tower.
[12]
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the aesthetics requirements of Subsection
D(4)(d)[4].
[13]
Multiple antenna/tower plan. Bay Head encourages
the users of towers and antennas to submit a single application for
approval of conforming multiple-use towers and/or antenna sites. Applications
for approval of multiple-use towers and/or sites shall be given priority
in the review process.
[14]
Structural design certification. A licensed
New Jersey professional engineer must certify that the tower can structurally
accommodate the number of shared users proposed by the applicant.
[15]
Information required. In addition to any information
required for applications for site plan review pursuant to this chapter,
applicants for approval for a tower shall submit the following information:
[a] Location plan drawn to scale and
clearly indicating the location, type and height of the proposed tower,
on-site land uses and zoning, adjacent land uses and zoning, Master
Plan classification of the site and all properties within the applicable
setback distances set forth in Schedule A and including, where applicable, such information for
adjacent municipalities, adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed tower
and any other structures, topography, and parking.
[b] Legal description of the parent
tract and leased parcel (if applicable).
[c] The setback distance between the
proposed tower or antenna and the nearest residential unit and platted
residentially zoned properties.
[d] The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection
D(4)(d)[17] shall be shown on an updated site plan or map at a scale of not greater than one inch equals 400 feet. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).
[e] A landscape plan showing specific
landscape materials.
[f] Method of fencing, and finished
color and, if applicable, the method of camouflage and illumination.
[h] A notarized statement by the applicant
as to whether construction of the tower will accommodate collocation
of additional antennas for future users.
[i] Identification of the entities
providing the backhaul network for the tower(s) described in the application
and other cellular sites owned or operated by the applicant in the
municipality.
[j] A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed tower.
[k] A description of the feasible location(s)
of future towers or antennas within the Borough based upon existing
physical, engineering, technological or geographical limitations in
the event the proposed tower is erected.
[16]
Factors considered in granting approval for
towers. In addition to any standards for consideration of site plans
pursuant to this chapter, the municipal agency shall consider at least
the following factors in determining whether to issue an approval:
[a] Height of the proposed tower;
[b] Proximity of the tower to residential
structures and residential district boundaries;
[c] Nature of uses on adjacent and
nearby properties;
[e] Surrounding tree coverage and foliage;
[f] Design of the tower, with particular
reference to design characteristics that have the effect of reducing
or eliminating visual obtrusiveness;
[g] Proposed ingress and egress; and
[h] Availability of suitable existing
towers, other structures, or alternative technologies not requiring
the use of towers or structures, as discussed in Subsection D(4)(d)[15][j].
[17]
Availability of suitable existing towers, other
structures, or alternative technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the municipal agency that no existing tower, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the municipal agency related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
[a] No existing towers or structures
are located within the geographic area which meet applicant's engineering
requirements.
[b] Existing towers or structures are
not of sufficient height to meet applicant's engineering requirements.
[c] Existing towers or structures do
not have sufficient structural strength to support applicant's proposed
antenna and related equipment.
[d] The applicant's proposed antenna
would cause electromagnetic interference with the antenna on the existing
towers or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
[e] The applicant demonstrates that
an alternative technology that does not require the use of towers
or structures, such as a cable microcell network using multiple low-powered
transmitters/receivers attached to a wireline system, is unsuitable.
Costs of alternative technology that exceed new tower or antenna development
shall not be presumed to render the technology unsuitable.
[18]
Minimum required setback.
[a] Minimum setback requirements shall
apply to all towers for which site plan approval is required. Setbacks
shall be measured from adjoining lot lines. No tower shall be located
in the minimum required yard area or buffer area of the zone district.
[b] Accessory buildings containing
generators, cooling systems and any mechanical equipment that generates
noise shall comply with the required minimum yard and buffer requirements
for principal uses or 100 feet, whichever is greater.
[19]
Minimum separation requirements between telecommunications
towers.
[a] Separation from off-site uses/designated
areas. Tower separation from residential and nonresidential uses shall
be measured from the base of the tower to the lot line of the off-site
uses and/or designated areas in accordance with Schedule A.
[b] Separation distances between towers.
Separation distances between towers shall be applicable as measured
between the proposed tower and preexisting towers or other proposed
towers. The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower. The separation
distances (listed in linear feet) shall be in accordance with Schedule
A.
[20]
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anti-climbing device; provided, however,
that the municipal agency may waive such requirements, as it deems
appropriate.
[21]
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which site plan approval
is required; provided, however, that the municipal agency may waive
such requirements if the goals of this subsection would be better
served thereby.
[a] Tower facilities shall be landscaped
with a buffer of plant materials that effectively screens the view
of the tower compound from property used for residences.
[b] In locations where the visual impact
of the tower would be minimal, the landscaping requirement may be
reduced.
[c] Existing mature tree growth and
natural landforms on the site shall be preserved to the maximum extent
possible. In some cases, such as towers sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
[22]
In approving the tower, the development board
may impose conditions, including the use of an alternative tower structure,
to the extent the board concludes such conditions are necessary to
minimize any adverse effect of the proposed tower on adjoining properties.
(e)
Buildings and/or other equipment storage.
[1]
Antennas mounted on structures or rooftops.
The equipment cabinet or structure used in association with antennas
shall comply with the following:
[a] The cabinet or structure shall
not contain more than 200 square feet of gross floor area or be more
than 10 feet in height. In addition, for buildings and structures
which are less than 60 feet in height, the related unmanned equipment
structure, if over 200 square feet of gross floor area or 10 feet
in height, shall be located on the ground and shall not be located
on the roof of the structure.
[b] If the equipment structure is located
on the roof of a building, the area of the equipment structure and
other equipment and structures shall not occupy more than 10% of the
roof area.
[c] Equipment storage buildings or
cabinets shall comply with all applicable building codes.
[2]
Antennas located on towers, utility poles, or
light poles. The related unmanned equipment structure shall not contain
more than 200 square feet of gross floor area or be more than 10 feet
in height, and shall be located in accordance with the minimum yard
and buffer requirements of the zoning district in which located and
shall be screened from view of all residential properties.
(5) Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
Borough of Bay Head notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within said 90 days shall
be grounds to remove the tower or antenna at the owner's expense.
If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
Upon the dismantling and removal of a tower, the property on which
the tower was located shall be restored to a safe and landscaped condition
compatible with adjacent properties. Antennas or towers that are updated
or replaced with new antennas or towers shall be deemed to be new
antennas and shall be subject to all application and review standards
of review of this section.
(6) Preexisting towers. Preexisting towers which are operating at the time of the adoption of this subsection shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction, including the replacement of antennas, other than routine maintenance on a preexisting tower shall comply with the requirements of this subsection. If the primary use of the tower or structure upon which antennas have been located has terminated and the use is determined to be abandoned, the requirements for removal in Subsection
D(5) shall apply.
(7) Annual registration required.
(a)
Applicability. All telecommunications carriers
and providers that offer or provide any telecommunications services
for a fee directly to the public, either within the Borough or outside
the corporate limits from telecommunications facilities within the
Borough, shall register annually with the Borough pursuant to this
subsection on forms to be provided by the Borough Clerk or authorized
designee.
(b)
Timing. All owners or operators of preexisting
towers and/or preexisting antennas of the type covered by this subsection
will have 90 days within which to comply with this subsection from
the time the subsection is adopted.
(c)
Purpose. The purpose of registration under this
subsection is to:
[1]
Provide the Borough with accurate and current
information concerning the telecommunications carriers and providers
that offer or provide telecommunications services within the Borough,
or that own or operate telecommunications facilities within the Borough;
[2]
Assist the Borough in enforcement of this subsection;
[3]
Assist the Borough in the collection and enforcement
of any license fees or charges that may be due the Borough; and
[4]
Assist the Borough in monitoring compliance
with local, state and federal laws.
(d)
Information required. The following registration
information shall be required for all owners or operators of preexisting
towers and/or preexisting antennas of the type covered by this subsection:
[1]
The identity and legal status of the registrant,
including any affiliates;
[2]
The name, address and telephone number of the
corporate official, officer, agent or employee responsible for the
accuracy of the registration statement sworn and legally witnessed;
[3]
An inventory of its existing towers, antennas,
or sites approved for towers or antennas that are either within the
jurisdiction of the Borough or within three miles of the border thereof,
including specific information about the location, height and design
of each tower and the type, radio frequency and area of coverage.
The Borough may share such information with other applicants applying
for administrative approvals or permits under this subsection or other
organizations seeking to locate antennas within the jurisdiction of
the Borough; provided, however, that the Borough is not, by sharing
such information, in any way representing or warranting that such
sites are available;
[4]
A description of the telecommunications services
that the registrant intends to offer or provide, or is currently offering
or providing, to persons, firms, businesses or institutions within
the Borough; and
[5]
Such other information as the Borough may reasonably
require.
(e)
Registration fee. Each application for registration
as a telecommunications carrier or provider shall be accompanied by
an initial fee of $2,000 and an annual update registration fee of
$1,000 dollars. Failure to register or failure to update the annual
registration shall be deemed to be abandonment.
(f)
Amendment. Each registrant shall inform the
Borough within 60 days of any change in the information set forth
in this subsection.
E. Places of assembly. Places of assembly include but are not limited
to churches, houses of worship, synagogues, meeting halls, civic clubs
and similar places of assembly. Places of assembly may be permitted
as conditional uses in all zoning districts, excluding the C Conservation
Zone, provided that the lot and structures thereon shall adhere to
the bulk requirements, standards and restrictions of the zone in which
it is located and to the following:
[Added 12-20-2010 by Ord. No. 2010-17]
(1) The applicant shall submit a list of proposed activities and anticipated
participants, a timetable reflecting the hours in which each building
will be used and any other pertinent uses and activities intended
to take place on the site. Catering, "eating and drinking," shall
not be a primary use of these facilities.
(2) Off-street parking, loading and vehicular access shall be as follows:
(a)
Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in §
147-13 of this chapter and shall require one off-street parking space for every four seats or for every four persons who may be legally admitted, whichever is greater.
(3) Signs shall be as specified in §
147-14 of this chapter.
(4) The proposed use shall not cause to emanate from the property any
vibration, glare, fumes, or odors detectable by neighboring property
owners.
(5) The quantity and type of solid waste disposal shall be the same as
other uses in the zone district.
(6) The site plan shall be accompanied by a traffic study prepared by
a licensed professional engineer traffic consultant indicating the
impact of the proposed place of assembly on surrounding roads. It
shall include the following elements:
(a)
Estimated peak hourly traffic to be generated by the use.
(b)
Assignment of estimated peak hourly traffic by percentage and
volume to surrounding roads.
(c)
Determination of unused capacity of surrounding roads during
peak hours.
(d)
Recommendations for necessary road improvements and traffic
control devices recommended for public roads surrounding the site.
(7) Lighting.
(a)
Wherever artificial lighting is used on the premises, said lighting
shall be so installed and maintained that no disturbing glare will
be visible on adjacent properties or to motorists using the public
street. The use of colored lights, which may be mistaken for traffic
lights or signals, and artificial lights that change in intensity
or produce a flashing or moving effect are hereby prohibited.
(b)
All electrical lighting of parking areas or parking lots shall
remain in operation for a maximum of 1/2 hour after the closing of
the place of assembly.
(8) Noise.
(a)
The proposed use shall not make or cause to be made any loud,
unnecessary or unusual noises or any noise which does or is likely
to annoy, disturb, injure, or endanger the comfort, repose, health,
peace or safety of others.
(b)
The reasonable use of bells, chimes or sound amplifiers by churches engaged in church activities is permitted, subject to the permission of the Mayor and Council pursuant to this chapter and the provisions of §
163-3.
(c)
Noise shall be regulated as specified in Chapter
163 of this Code, Noise.
(9) Hours of operation.
(a)
The facilities may be open Monday through Sunday not earlier
than 7:00 a.m. and not later than 10:00 p.m.
(b)
Exceptions to the hours of operation may be made for religious
holidays and celebrations, seasonal celebrations or other special
events or occasions subject to the permission of the Mayor and Council.
(10)
Area and bulk regulations shall be as set forth in §
147-5 of this chapter. The maximum permissible size of a structure depends on the zone in which it will be located. The setbacks, maximum building height and permissible lot coverage are set forth in Appendix A to this chapter.
(11)
When site plan approval is required, it shall be as specified in §§
147-60 through
147-67 of this chapter.
(12)
Maximum occupancy of any building constructed or utilized as a place of assembly under this chapter shall be determined by the Construction Official, enforcing officer of the State Uniform Construction Code, pursuant to Chapter
104 of the Municipal Code.
(13)
Applicability of the remainder of Code. Places of assembly must
comply with all applicable standards and regulations established by
the Code of the Township, except to those standards and regulations
specifically addressed by this section.
F. Museums. Museums may be permitted as conditional uses in all zoning
districts, excluding the C Conservation Zone, provided that the lot
and structures thereon shall adhere to the bulk requirements, standards
and restrictions of the zone in which it is located and to the following:
[Added 12-20-2010 by Ord. No. 2010-17]
(1) The applicant shall submit a list of proposed activities and anticipated
participants, a timetable reflecting the hours in which each building
will be used and any other pertinent uses and activities intended
to take place on the site. Catering, "eating and drinking," shall
not be a primary use of these facilities.
(2) Off-street parking, loading and vehicular access shall be provided in accordance with the standards set forth in §
147-13 of this chapter.
(3) Signs shall be as specified in §
147-14 of this chapter.
(4) The proposed use shall not cause to emanate from the property any
vibration, glare, fumes, or odors detectable by neighboring property
owners.
(5) The quantity and type of solid waste disposal shall be the same as
other uses in the zone district.
(6) The site plan shall be accompanied by a traffic study prepared by
a licensed professional engineer traffic consultant indicating the
impact of the proposed museum on surrounding roads. It shall include
the following elements:
(a)
Estimated peak hourly traffic to be generated by the use.
(b)
Assignment of estimated peak hourly traffic by percentage and
volume to surrounding roads.
(c)
Determination of unused capacity of surrounding roads during
peak hours.
(d)
Recommendations for necessary road improvements and traffic
control devices recommended for public roads surrounding the site.
(7) Lighting.
(a)
Wherever artificial lighting is used on the premises, said lighting
shall be so installed and maintained that no disturbing glare will
be visible on adjacent properties or to motorists using the public
street. The use of colored lights, which may be mistaken for traffic
lights or signals, and artificial lights that change in intensity
or produce a flashing or moving effect are hereby prohibited.
(b)
All electrical lighting of parking areas or parking lots shall
remain in operation for a maximum of 1/2 hour after the closing of
the museum.
(8) Noise.
(a)
The proposed use shall not make or cause to be made any loud,
unnecessary or unusual noises or any noise which does or is likely
to annoy, disturb, injure, or endanger the comfort, repose, health,
peace or safety of others.
(b)
Noise shall be regulated in accordance with Chapter
163 of this Code, Noise.
(9) Hours of operation.
(a)
The facilities may be open Monday through Sunday not earlier
than 7:00 a.m. and not later than 10:00 p.m.
(b)
Exceptions to the hours of operation may be made for seasonal
celebrations or other special events or occasions subject to the permission
of the Mayor and Council.
(10)
Area and bulk regulations shall be as set forth in §
147-5 of this chapter. The maximum permissible size of a structure depends on the zone in which it will be located. The setbacks, maximum building height and permissible lot coverage are set forth in Appendix A to this chapter.
(11)
When site plan approval is required, it shall be as specified in §§
147-60 through
147-67 of this chapter.
(12)
Maximum occupancy of any building constructed or utilized as a museum under this chapter shall be determined by the Construction Official, enforcing officer of the State Uniform Construction Code, pursuant to Chapter
104 of the Municipal Code.
(13)
Applicability of the remainder of Code. Museums must comply
with all applicable standards and regulations established by the Code
of the Township, except to those standards and regulations specifically
addressed by this section.
[Added 9-5-2000 by Ord. No. 2000-5]
A. Notwithstanding any provision of the Land Development Ordinance to the contrary, affordable accessory apartments shall be permitted in all the zoning districts except the Conservation (C) Zone. The affordable accessory apartment shall be located within a detached single-family dwelling and on a lot that meets the Schedule of Area and Bulk Regulations as specified in Article
III, §
147-5, for the zoning district within which it is located.
B. For the purpose of this ordinance, the definition
an "affordable accessory apartment" shall be defined as a self-contained
residential dwelling unit with a kitchen, complete sanitary facilities,
sleeping quarters and a private entrance which is created to be occupied
by a low- or moderate-income household in accordance with the applicable
provisions of the substantive rules of the New Jersey Council On Affordable
Housing (COAH) as stated in N.J.A.C. 5:93-1 et seq.
C. Conditions.
(1)
All affordable accessory apartments shall comply
with all applicable statutes and regulations of the State of New Jersey
in addition to all local building codes.
(2)
The affordable accessory apartment shall be
rented only to a household which is either a low- or a moderate-income
household at the time of initial occupancy of the unit.
(3)
The affordable accessory apartment shall, for
a period of at least 10 years from the date of the issuance of a certificate
of occupancy, be rented only to low- or moderate-income households.
(4)
Rents of affordable accessory apartments shall
be affordable to low- or moderate-income households in accordance
with the applicable provisions as stated in N.J.A.C. 5:93-7.4 of COAH's
substantive rules and shall specifically include an allowance for
utilities in accordance with N.J.A.C. 5:93-7.4(f).
(5)
The maximum number of affordable accessory apartments
to be developed in the borough under the provisions of this ordinance
shall be 10.
(6)
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of Subsections
C and
D herein above.
(7)
Each affordable accessory apartment shall have
living/sleeping space, cooking facilities, a kitchen sink and complete
sanitary facilities for the exclusive use of its occupants. It shall
consist of no less than two rooms, one of which shall be a full bathroom.
(8)
The affordable accessory apartment shall have
a separate door with a private entrance.
(9)
There shall be a minimum of two on-site parking
spaces provided exclusively for the affordable accessory apartment.
These spaces will be in addition to the number of required spaces
for the existing residential dwelling unit.
(10)
The affordable accessory apartment program shall
be affirmatively marketed in accordance with the provisions of N.J.A.C.
5:93-11.
(11)
In the case of an affordable accessory apartment
created illegally or without proper permits which the property owner
desires to legitimize as an affordable accessory apartment under this
section, all criteria set forth in the section shall apply, except
that no subsidy shall be provided by the Borough of Bay Head.
D. Administration of the affordable accessory apartment
program. The Council of the Borough of Bay Head shall designate an
administrator of the affordable accessory apartment program in accordance
with the following:
(1)
The administrator shall be responsible for all
administrative aspects of the affordable accessory apartment program,
including advertising, income qualifying prospective renters, setting
rents and annual rental increases, maintaining a waiting list, distributing
the subsidy, securing certificates of occupancy, qualifying properties,
handling application forms, filing deed restrictions, monitoring reports
and affirmative marketing.
(2)
The administrator shall only deny an application
for an affordable accessory apartment if the project is not in conformance
with COAH's requirements and/or provisions of this ordinance. All
denials shall be in writing with the reasons clearly stated.
(3)
In accordance with N.J.A.C. 5:93-5.9(a)2., the
Borough of Bay Head shall provide at least $10,000 to subsidize physical
creation of an affordable accessory apartment conforming to the requirements
of this section. Prior to the grant of such subsidy, the property
owner shall enter into a written agreement with the Borough of Bay
Head ensuring that the subsidy shall be used to create the accessory
apartment and the apartment shall meet the requirements of this ordinance
and COAH regulations.
E. Application procedures. Each application for the creation
of an affordable accessory apartment shall submit the following information
to the administrator:
(1)
A sketch of floor plan(s) showing the location,
size and relationship of both the affordable accessory apartment and
the primary dwelling within the building.
(2)
Rough elevations showing the modification of
any exterior building facade to which changes are proposed.
(3)
A site development sketch showing the location
of the existing dwelling and other existing buildings; all property
lines; along with the minimum building setback lines, the required
parking spaces for both dwelling units; and any natural or man-made
condition which might affect construction.
[Added 6-7-2021 by Ord. No. 2021-08]
A. Cannabis
establishments. All classes of cannabis establishments, including
cannabis cultivators, cannabis manufacturers, cannabis wholesalers,
cannabis distributors, cannabis retailers and cannabis delivery services
are hereby prohibited from operating in the Borough of Bay Head. This
prohibition shall not apply to the delivery of cannabis items and
supplies by a licensed cannabis delivery service located in another
municipality.