[Added 8-10-2009 by Ord. No. 2009-12]
[Amended 12-12-2011 by Ord. No. 2011-26]
A. 
General.
(1) 
Prior to the construction of any new driveway or parking area on a residential or commercial use or relocation of any existing driveway or parking area on a residential or commercial use, an applicant must submit a survey to the Zoning Official setting forth the permitted setbacks and precise location of the residential or commercial driveway location and obtain a zoning permit. The zoning application shall indicate conformance to the setbacks and the parking and driveway surface material as set forth in this section.
(2) 
The Residential Site Improvement Standards (RSIS) shall govern parking requirements and driveways for residential major subdivisions and site plans approval. Where the RSIS does not provide a zoning requirement and standard, the municipal standards and procedures shall be followed.
(3) 
When two or more property owners provide parking facilities which are interconnected, the parking space and driveway standards apply to both owners.
(4) 
All vehicles weighing less than 26,000 pounds or not requiring a commercial driver's license are permitted to be parked or stored in residentially zoned districts of any lot occupied by a residential dwelling unit in any other zone in the Borough.
(5) 
All off-street parking and driveway locations and surfaces must be in accordance with this section and must be visibly in good condition as defined in § 158-11 and as approved by the Zoning Officer.
B. 
Location.
(1) 
Off-street parking space and driveway locations. Parking is permitted only within parking spaces and driveways that are located within the following locations:
(a) 
A driveway for a residential or commercial use shall be located no closer than three feet from the side property line in any Borough Zone, except, where two or more property owners provide driveways or parking facilities which are interconnected, or share driveway aprons, the driveway may be located at the side property line.
(b) 
A driveway for a residential or commercial use shall be located no closer than the rear yard setback for accessory structures in the Borough Zone for the lot. The minimum rear yard requirements for accessory structures as of 2010 are:
[1] 
R-1: three feet.
[2] 
R-2: 30 feet.
[3] 
TC: five feet.
[4] 
NC: five feet.
[5] 
HC: 30 feet.
[6] 
OC: five feet.
[7] 
I: 10 feet.
[8] 
P: none.
[9] 
OS: none.
(c) 
In any Borough Zone, a parking space for a residential use shall be located in front of the garage and shall not occupy more than 30% of the area within the front yard setback or the area from the front wall of the residential structure to the front property line, whichever is more restrictive.
(2) 
The width of any off-street parking space and driveway at the edge of the driveway apron and in the front yard setback area shall not exceed 12 feet. The off-street parking area and driveway may widen to greater than 12 feet in width, provided that:
(a) 
The impervious coverage limit in the zone is not violated;
(b) 
The parking area and driveway meets all setback requirements; and
(c) 
The parking area and driveway is visibly maintained in good condition as defined in this section and approved by the Zoning Officer.
C. 
Surfaces.
(1) 
Off-street parking space and driveway surface. The following surfaces are permitted for parking spaces and driveways on a lot with a residential or commercial use:
(a) 
Apron surface. All residential and commercial driveways shall have driveway aprons constructed in compliance with the Burlington County Standard Details applicable to driveway aprons, including "Driveway Profiles," "Depressed Curb Detail," "Residential Paved Driveway" and "Concrete Apron Detail" and any future revisions of these details as may be adopted by the Burlington County Standard Details.
(b) 
Residential driveway surface. Parking spaces and residential driveways likely to experience light traffic may be surfaced with the materials listed below. The parking space and driveway surface must be visibly maintained in good condition as defined in this section and as approved by the Zoning Officer.
[1] 
Impervious surface materials of bituminous concrete (asphalt) NJDOT Mix I-5 with a minimum thickness of 1.5 inches, concrete, brick, or paving stones set over concrete, provided that:
[a] 
The impervious surface does not exceed the maximum impervious coverage in the zone;
[b] 
The impervious surface allows proper drainage; and
[c] 
The impervious surface does not negatively impact adjacent property owners.
[2] 
Four inches of compacted dense graded aggregate, provided that:
[a] 
The dense graded aggregate allows proper drainage;
[b] 
The dense graded aggregate surface does not negatively impact adjacent property owners; and
[c] 
The dense graded aggregate is maintained in good condition.
[3] 
Pervious surfaces of porous asphalt, porous pavers and other permeable products with a hard surface, provided that:
[a] 
The pervious surface allows proper drainage;
[b] 
The pervious surface does not negatively impact adjacent property owners; and
[c] 
The pervious surface is properly maintained in accordance with manufacturer's recommendations.
[4] 
Material under vehicle wheels may be options i) bituminous concrete, ii) dense graded aggregate or iii) permeable products as stated above with a center glass strip, provided that:
[a] 
All surfaces allow proper drainage;
[b] 
All surfaces do not negatively impact adjacent property owners; and
[c] 
All surfaces are properly maintained in good condition.
(c) 
Commercial driveway surface. Parking spaces and commercial driveways may be surfaced with the materials listed below. The parking space and driveway surface must be visibly maintained in good condition as defined in this section and as approved by the Zoning Officer.
[1] 
Impervious surface materials of bituminous concrete (asphalt) NJDOT in accordance with the Borough ordinance for site plans, concrete, brick, or paving stones set forth over concrete, provided that:
[a] 
The impervious surface does not exceed the maximum impervious coverage for the zone;
[b] 
The impervious surface allows proper drainage; and
[c] 
The impervious surface does not negatively impact adjacent property owners.
[2] 
Pervious surfaces of porous asphalt, porous pavers and other permeable products with a hard surface, provided that:
[a] 
The pervious surface allows for proper drainage;
[b] 
The pervious surface does not negatively impact adjacent property owners; and
[c] 
The pervious surface is properly maintained in accordance with the manufacturer's recommendations.
[3] 
Six inches of compacted dense graded aggregate, provided that:
[a] 
The dense graded aggregate allows proper drainage;
[b] 
The dense graded aggregate surface does not negatively impact adjacent property owners; and
[c] 
The dense graded aggregate is maintained in good condition.
[4] 
Grass surfaces are not permitted for parking spaces and driveways on lots with commercial use.
No motor vehicle or nonmotorized vehicle of any type shall be permitted to undergo major overhaul or repair outside of an enclosed structure on a property occupied by a dwelling unit unless the vehicle is owned by the occupant of the dwelling unit and the work can be performed for no more than 45 days. Prior to any such work being commenced, the owner shall obtain a permit from the Code Enforcement Official. This section is not an exception to § 158-106 above.
A. 
No trailer, auto trailer, trailer coach, travel trailer, camper or boat shall be used for dwelling purposes, sleeping quarters or the permanent conduct of any business, profession, occupation or trade.
B. 
Trailers, boats or boat trailers which are 21 feet or more in length as measured from outside dimensions shall be parked or stored inside the confines of a building only.
C. 
All trailers, boats or boat trailers shall be stored in side or rear yard areas only; no trailer, boat, or boat trailer shall be parked or stored in the front yard areas of a lot.
D. 
Each occupied single-family residential property may have outside parking or storage upon it for up to two recreational vehicles or trailers, in a safe and effective operating condition. All recreational vehicles and trailers shall display thereon a current state license and/or registration. No self-propelled recreational vehicle stored on the property shall exceed 40 feet in length unless within the confines of a building.
E. 
Any trailer, boat, or boat trailer parked in the side or rear yard area of any lot shall meet the applicable zoning district regulations governing setbacks of accessory buildings from property lines and buildings.
F. 
To obscure from public view to the maximum extent possible, any trailer, boat or boat trailer parked or stored in a side or rear yard area and not in an enclosed building shall be screened by evergreen plantings at least six feet in height, spaced three feet apart, or as necessary to form a one-hundred-percent visually impervious buffer after two years.
Trailers for emergency housing for households displaced by fire, storm, flooding or other natural disaster may be located on individual lots in zoning districts where single-family detached and two-family residential uses are permitted for the period of reconstruction. The installation of such trailers shall conform to the following requirements.
A. 
The trailer shall be placed on the lot where the residence made uninhabitable by such disaster is located.
B. 
No more than one unit of emergency housing shall be permitted per lot.
C. 
All such trailers shall be removed from the reconstruction site upon the issuance of a certificate of occupancy of the permanent residence.
D. 
No such trailer shall be placed in the front yard setback required for the respective zoning district.
E. 
Such temporary housing shall not exceed 900 square feet in floor area.
A. 
The swimming pool apron, or in the case of an aboveground pool, the outer edge of an elevated walkway, shall be set back a minimum of five feet from the side and rear property lines.
B. 
Pools shall be considered impervious surface, which shall not exceed the impervious surface of the zone (when included with other impervious surfaces).
C. 
Pools shall not be located in side or front yards.
D. 
Required pool setbacks shall be measured from the nearest inside wall of the pool.
E. 
Any pool requiring a drain shall install an anti-entrapment drain cover.
F. 
Residential swimming pools shall be installed only on lots containing a residence.
G. 
Pool effluent which is the result of draining, cleaning, filter, flushing or other pool maintenance operation shall not be permitted to flow overland across adjacent property lines and must be discharged to a street or storm sewer inlet.
H. 
No pool whose drain empties into the public streets shall be emptied or drained when the temperature is less than 40° F.
I. 
Fencing shall be required around all swimming pools in accordance with the Uniform Construction Code and other regulations of the Borough of Palmyra. The barrier must be independent of any neighboring barrier. Neighboring barriers are not to be shared for purposes of meeting pool barrier requirements. Two conforming pool barriers may be placed back to back, provided the barriers are not climbable from either side.
J. 
Any pool shall meet the requirements of Chapter 240, Swimming Pools, of the Code of the Borough of Palmyra.
Temporary construction trailers and one sign not exceeding 12 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, are permitted, provided the trailer and sign are on site where construction is taking place and set back at least 15 feet from all lot lines. If the construction is to take place for a period exceeding one year, the developer may apply for and the Zoning Officer may grant extensions to the time during which the sign may occupy the site. The applicant should apply at least one month before the expiration of the time period.
Aboveground fuel storage tanks on single-family detached residential properties shall be permitted in the side or rear yard only. Aboveground fuel storage tanks located on nonresidential or multifamily residential sites shall be considered as a part of site plan review, and, to the extent feasible, they shall be adequately screened and placed in the side or rear yard areas of the site. All tanks are subject to the Uniform Construction Code and Division of Fire Safety Code requirements.
The erection of any permanently mounted security bars, grates, or other measures shall first be approved by the Land Use Board prior to the installation.
All permits required under the provisions of this Land Development Code shall be subject to the floodplain regulations[1] set forth in the Borough Code.
[1]
Editor's Note: See also Ch. 126, Flood Damage Prevention.
[Amended 12-12-2011 by Ord. No. 2011-26]
A. 
Pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-68, any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof.
B. 
Any owner, prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before adoption of the ordinance which rendered the use of structure nonconforming. The applicant shall have the burden of proof in all applications. Any such application may be made to the Administrative Officer/Zoning Official within one year of adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Land Use Board. Denial by the Administrative Officer/Zoning Official shall be appealable to the Land Use Board, and any such appeal shall be taken within 20 days of denial by the Administrative Officer/Zoning Official.
C. 
Any application for a certificate shall include a statement signed by an individual(s) with personal knowledge regarding the facts of the application. It shall include:
(1) 
A designation of the block and lot;
(2) 
A description of the subject use or structure for which a certificate is sought;
(3) 
A description of the frequency that such use is undertaken at the subject property;
(4) 
The length of time such use or structure has existed or been undertaken on the subject property;
(5) 
A description of the basis for the knowledge set forth in the application;
(6) 
Any photographs, records or other documents which support the application;
(7) 
Any other information or documents in support of such application.
Christmas trees. The annual sale of Christmas trees is permitted in any nonresidential zone between the Friday after Thanksgiving and December 25. A forty-six-dollar permit must be secured prior to the commencement of sales. Any unsold Christmas trees remaining after Christmas must be removed by December 27.