Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[Editor's Note: Ordinance No. 04-12 adopted a new Land Use Ordinance and repealed the former Land Use Ordinance previously contained in the 1967 Code, Chapter 21.]
Attachment 1 - Permitted Types of Signage Attachment 2 - Sign Designation Schedule
[Ord. No. 04-12 § 21-1.1]
This chapter shall be known as the "Land Use Ordinance of the Borough of Bound Brook."
[Ord. No. 04-12 § 21-1.2]
It is the intent and purpose of this chapter to encourage action to guide the appropriate use or development of all lands in the Borough of Bound Brook, in a manner which will promote the public health, safety, morals and general welfare, to secure safety from fire, flood, panic and other natural and man-made disasters; to provide adequate light, air and open space; to insure that the development of Bound Brook does not conflict with the development and general welfare of neighboring municipalities; to promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods and the entire municipality as well as the preservation of the environment, to encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies, to provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space both public and private, according to their respective environmental requirements; to encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight; to promote a desirable visual environment through creative development techniques and good civic design and arrangements; to promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land; to encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site; to encourage senior citizen community housing construction; to encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land; to promote utilization of renewable energy resources; and to promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
[Ord. No. 04-12 § 21-1.3]
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically or impliedly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
Where this chapter imposes greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage or requires greater lot area, or longer yards, or other open spaces than are imposed or required by such private restrictions, the provisions of this chapter shall control.
[Ord. No. 04-12 § 21-2; Ord. No. 2008-05 §§ 3, 4]
As used in this chapter:
ACCESSORY BUILDING
A building or structure on the same lot with and subordinate to a principal building, occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a principal building by a breezeway, roof, wall or the like, such accessory building shall be considered part of the principal building. The maximum height of the structure shall be 1 1/2 stories or 18 feet, whichever is less, and it shall not be larger than the principal structure. For purposes of this chapter, an outdoor storage/cargo container, as defined in this chapter of the Borough Municipal Code, shall not be considered an accessory structure.
[Amended 11-14-2017 by Ord. No. 2017-31]
ACCESSORY USE
A use naturally and normally incident and subordinate to the principal and primary use upon any premises.
ADMINISTRATIVE OFFICER
The Zoning Officer unless a different Borough official is designated by this chapter or statute.
ALTERATION OF BUILDING OR STRUCTURE
Any change in the supporting members of a building, such as bearing walls, columns, facade, beams, girders, interior partitions, as well as any change in doors, windows, signage, or any addition to or diminution of a building.
APARTMENT
A building or group of buildings situated on one lot and containing separate dwelling units for no less than six families.
APARTMENT UNIT
An apartment unit located within an apartment and is comprised of a private bath, kitchen facilities, and a bedroom.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use or zoning variance.
ASSISTED CARE FACILITY
A facility which is licensed by the Department of Health of the State of New Jersey to provide apartment-style house and congregate dining and to assure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor. Units offered at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. The minimum age for persons in this facility is 62 years of age or older and for married couples with at least one spouse being 62 years of age or older.
ATTIC
The open, non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
AUTOMOBILE SALES
The use of any building, land area or other premises for the display and sale or hire of new or used automobiles, motorcycles, trucks, or recreation vehicles, automotive or parts.
AWNING
A roof-like covering of canvas, aluminum or other material attached to a frame supported entirely from a building or other structure.
BASEMENT
Having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground. A "basement" shall be counted as a story if used for business or dwelling purposes.
BOARDING HOUSE
Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by the owner or operator and wherein personal or financial services are provided to residence, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home, any community residence for the developmentally disabled, any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single-room occupancy, wherein the units of the dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education, and any facility or living arrangement operated by or under contract with any State department or agency, upon the written authorization of the sub-agency.
BUFFER
An area within a property, generally adjacent and parallel with the property line, either consisting of existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties. The type of buffer shall be determined by the Board based on effectiveness of the buffer. Buffers that are comprised of fencing shall be solid fencing, finished side facing outside the premises with landscaping outside the fence.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
CELLAR
A story partly above grade level, having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground. A "cellar" shall not be used as a dwelling unit.
CHANGE OF USE
Changes of use and shall also include any change of the use of a building regardless of whether the new use is also permitted in the same zone.
CHILD CARE CENTER
Any facility which is maintained for the care, development and supervision of six or more children under the age of six, who attend the facility for less than 12 hours a day and which offers such programs as day care centers, drop-in centers, recreation-type centers sponsored and operated by a County or municipal government, centers serving mildly sick children, centers that had not been licensed by the New Jersey Department of Human Services prior to the enactment of the Child Care Center Licensing Act of 1984, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employed related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A Child Care Center shall not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development including, where applicable, but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
CONCEPT PLAN
A rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USE
A use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Planning Board.
CONTINUING CARE FACILITY
The development of a residential living unit to provide lodging and nursing, medical or other health-related services at the same location or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually-terminable contracts. Independent living units shall be provided in addition to meeting room areas, medical and other support facility areas, such as recreation facilities, on-site service shops, and other ancillary services customarily accessory to the customary principal permitted use. The facility shall have received a certificate of authority pursuant to the continuing care retirement community regulation and financial disclosure act, N.J.S.A. 52:27D-330, et seq.
CONVERSION
A change in use of land or a structure.
CORPORATE HOUSING
A residential building in which at least 10 dwelling units are owned or rented by a single corporation in which only one resident of the unit and the spouse may reside in the unit for no more than 12 months and must be a full-time employee of the corporation. Ten percent of the corporate housing units located within a single structure may be used to provide temporary housing for an invited guest of the corporation. The invited guest may reside in the unit for no more than seven days in a calendar year. Each residential unit must be at least 1,000 square feet.
DAYS
Calendar days.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law or this chapter.
DEVELOPMENT PLAN
A master site plan for review and approval by the Planning Board showing the general location and distribution of the uses for the tract, their inter-relationship, the potential subdivision into lots and the phasing of the development. The Development Plan may be amended from time to time with the approval of the Planning Board.
DRAINAGE
The removal of surface water or groundwater from the land by drains, grading or other means such as retention or detention basins, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse, for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
DWELLING UNIT
A unit comprising living accommodations designed and used for occupancy by only one family.
EASEMENT
A restriction established in a deed or duly recorded instrument or a duly recorded or filed map to permit the use of land by the public, or by particular persons, corporations or other legal entities for specified uses.
FAMILY
One or more individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single house household under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability, but not including the residents of an apartment hotel, or of a boarding house or lodging house serving more than two paying guests.
FAMILY DAY CARE
Child care services in a private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care for no more than five children and for no less than 15 hours per week.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT
The final map of all or a portion of a major subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which if approved shall be filed with the proper County Recording Officer.
FLAG LOT
A lot which does not fully front on or abut a public road and where access to the public road is provided by a narrow strip of land which is less than 50% of the required width.
FLOOR AREA
The aggregate area of all floors in a building enclosed by an exterior wall, excluding attic and also basement with less than seven feet in height, open porches, breezeways and garages. Any basement area in any nonresidential zone that is used for sales or display and is open to the public shall be construed as floor area.
GARAGE, PRIVATE
A building for four or less motor vehicles without provision for repairing or servicing of any vehicles for profit. A private garage shall have a footing and foundation.
GARAGE, PUBLIC
Any building, structure, or land in or upon which a business or service involving the fueling, maintenance, washing, or servicing is conducted or temporary storage in connection with motor vehicles is maintained. A public garage building shall have a footing and foundation.
GASOLINE SERVICE STATION
A public building structure or land upon which a business involving the fueling in connection with motor vehicles is conducted.
GOVERNING BODY
The chief legislative body of the Borough of Bound Brook.
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance from the average grade adjacent to the foundation walls to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.
HIGH-RISE RESIDENCE
A building designed for residential purposes with a height of over three stories.
HISTORIC SITE
Any building structure, area or property that is significant in the history, architecture, archeology or culture of New Jersey, the Borough of Bound Brook or the United States and has been so designated pursuant to Chapter 291, Laws of New Jersey 1975.
HOME OCCUPATION
An occupation conducted wholly within a dwelling unit and subordinate to the residential use and meeting the criteria established for home occupations in this chapter. Gainful employment or occupation, exclusive of retail sale of goods or merchandise not produced on the premises, conducted within a dwelling, which shall constitute either entirely or partially the means of livelihood of a person living in said dwelling, such as but not limited to a physician, surgeon, dentist, lawyer, bookkeeper, accountant, auditor, architect, engineer, seamstress, artist, tutor, broker, or computer operator.
HOTEL
A building containing 25 or more living or sleeping rooms designed to be occupied for compensation by individuals or groups. There shall be no kitchens in a hotel room.
HOTEL CONFERENCE
A hotel building wherein 100 square feet of conference room area is provided for each 20 hotel rooms or faction thereof.
HOUSES OF WORSHIP (CHURCH)
A special purpose building that is architecturally designed and particularly adapted for, and has as its principal use, conducting on a regular basis formal religious services by a religious congregation.
IMPERVIOUS COVERAGE (LOT COVERAGE)
That portion of a site which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, roads, swimming pools and other improvements on the ground surface which are less permeable than the natural surface. Impervious coverage computations must include the impervious areas for improvements required by ordinance, such as parking areas. The building coverage plus the area of all introduced paved surfaces which have less permeability than the soil, such as: required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways, patios and plazas.
INDUSTRIAL OPERATION OR USE
Any activity conducted in connection with the manufacture, assembly, disassembly, fabrication or processing of materials or products, all or any part of which is marketed off the premises or (marketed) to other than the ultimate consumer. This shall include landscaping service operations.
INFORMAL REVIEW
A rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of classification.
INSTITUTIONAL USES
Non-profit institutions limited to church-owned cemeteries, public or private schools licensed by the State of New Jersey, covering pre-kindergarten through grade 12, hospitals for humans, and libraries.
JUNK YARD
A place where waste, discarded or salvaged materials including without limitation inoperable or unregistered automobiles or other vehicles are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled. A junk yard shall include wrecking yards, used lumber yards, and places or yards for used or salvaged house wrecking and structural steel materials and equipment; as distinguished from such uses when conducted entirely within a completely enclosed building, and as distinguished from pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery and used furniture.
LANDSCAPING
An area of land restricted to landscape items which may also include such elements as natural features, earth berms, and earth sculpture. The width of a landscape area shall be measured at right angles to the lot line.
LOT
A subdivided portion of the tract to be developed which shall contain a single structure or group of structures (complex) devoted to common use.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
a. 
A lot at the junction of and having frontage on two or more intersecting streets. A corner lot is also a lot bounded on two or more sides by the same street. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. Corner lots shall meet the front yard setbacks on both streets. A corner lot shall have one rear yard and one side yard.
b. 
The mean distance between the front and rear property lines of any lot taken at ten-foot intervals.
c. 
The shortest straight line distance between the two sidelines of any lot as measured at the minimum required front yard setback line and also as measured from the street right-of-way line.
d. 
The total square unit contents of any lot as measured within the lot lines, exclusive of rights-of-way.
LOT FRONTAGE
The shortest distance between the intersection points of the sidelines of a lot with the front street right-of-way line. In the case of corner lots, the frontage shall be measured along a straight line between the intersection point formed by the projection of two street rights-of-way lines and the intersection point of a side lot line with a front street right-of-way line. In the case of a lot running through from one street to another, the front of such lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on this permit application which lot line shall be considered the front lot line.
LOW AND MODERATE INCOME HOUSING
Dwelling units developed pursuant to relevant provisions pertaining to such housing contained in § 21-10, Zoning. Low and moderate income levels must conform to applicable standards set by COAH.
MAINTENANCE GUARANTEE
A security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.
MAJOR SITE PLAN
All site plans not classified as minor site plans.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions or re-subdivisions.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth in the adopted pursuant to § 19 of Chapter 291, Laws of New Jersey 1975.
MINOR SITE PLAN
The development plan of one or more lots which does not involve planned development, any new street, alteration of existing traffic patterns, or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42, and which is limited to the following classes of development:
[Amended 8-8-2017 by Ord. No. 2017-25]
a. 
Interior renovations of an existing building; or
b. 
Building additions and the construction of any accessory structure, provided that such uses are specifically permitted in the zone district and that such alteration or construction does not exceed 2,000 square feet in ground coverage; or
c. 
Alteration or improvement of the exterior facade of an existing building, such as new windows, doorways, or siding material; or
d. 
The improvement of existing site facilities (i.e., parking, drainage, generators or similar equipment).
MINOR SITE PLAN COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing site plan applications for proper compliance with this chapter and reporting back to the Planning Board as to its findings. Nothing herein shall be construed as granting power to the Site Plan Committee to give any approvals or agree to any modifications. Notwithstanding any other provision of this chapter, the Committee's power and authority shall be limited to recommendation to the entire Board for action or final decision.
[Added 8-8-2017 by Ord. No. 2017-25]
MINOR SUBDIVISION
A subdivision of land for the creation of no more than two lots, including the remainder, fronting on an existing street provided that such subdivision will not adversely affect the development of the remainder of the parcel or adjoining property and not be in conflict with any provision of the Master Plan, Official Map or this chapter, and that such subdivision does not involve:
a. 
A planned development;
b. 
Any new street; or
c. 
The extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 30 of the Municipal Land Use Law (C. 40:55D-42).
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
MUNICIPAL AGENCY
The Borough of Bound Brook Planning Board or Borough Council when acting pursuant to this chapter and any agency created by this chapter that is acting pursuant to this chapter.
MUNICIPAL USE
Any use by the Borough of Bound Brook of any property owned or leased by it.
NEIGHBORHOOD BUSINESS
Neighborhood business uses which are clearly of a neighborhood service character and are intended to serve the local community. Uses include but are not limited to the following: retail or personal service establishments such as appliance sales, banks, brokers, card and stationery stores, candy and cigar stores, drugs, dry goods and variety stores, dry cleaners and laundries, eating and drinking places (excluding drive-ins), florists, food stores, garden supplies, hardware stores, locksmiths, medical services, news stands, handicraft stores, gift stores, child care centers, business and professional offices, package liquor stores, pet stores, printing and publishing, photographic supplies, radio, television and appliance sales and services, realtors, shoe sales and repair service, tailors and dressmakers, wearing apparel stores.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amending of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONRESIDENTIAL ZONES
Those zones which permit nonresidential uses as a principal permitted use.
NURSING HOME
A building or group of buildings in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the State of New Jersey, for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who do require skilled nursing care and related medical services. Also refers congregate care or assisted care facilities in which such medical care may not be provided.
NURSING HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OCCUPANCY OR OCCUPIED
Any dwelling unit which shall be construed to be occupied if one or more persons or a family customarily reside in said dwelling unit overnight. In nonresidential buildings, the installation, storage or use of equipment, merchandise or machinery in any commercial, public or industrial building shall be construed as constituting occupancy of said building.
OFF-TRACT
Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of Chapter 291, Law of New Jersey 1975. Such map shall be deemed conclusive with respect to the location and width of streets and public drainage ways and the location and extent of flood control basins and public areas including public parks, playgrounds, trails, paths and other recreation areas, public open spaces, scenic and historic sites, sites for schools and other public buildings and structures, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence.
ON-TRACT
Located on the property which is the subject of development application or on a contiguous portion of a street or right-of-way.
OUTDOOR STORAGE
The keeping, in an unenclosed area, of any goods, junk, merchandise, vehicles located in areas other than in driveways or approved parking areas, or other material in the same place for more than 24 hours.
OUTDOOR STORAGE/CARGO CONTAINER (a/k/a SHIPPING CONTAINERS)
An industrial, standardized, reusable outdoor storage/shipping container:
[Added 11-14-2017 by Ord. No. 2017-31]
a. 
Originally, specifically or formally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities and presently utilized for those purposes or for storage of household items; and/or
b. 
Designed for or capable of being mounted or moved on a rail car; and/or
c. 
Designed for or capable of being mounted on a chassis or bogie for movement by truck, trailer or loaded on a ship; and/or
d. 
Intended to or necessary, for purposes of safety, to be placed upon a foundation and, therefore, constituting an accessory structure; and/or
e. 
Having a length greater than 10 feet; and/or
f. 
Being of heavy-gauge steel construction, aluminum or a composite material.
PARKING SPACE
A rectangular space 10 feet wide and 18 feet long either outdoors or enclosed within a structure and used for accommodation of off-street motor vehicle parking, provided however that a longitudinal (end to end) parking space is a rectangular space 10 feet wide and 25 feet long. All parking spaces shall be provided with adequate means of ingress and egress which shall be kept open and unobstructed at all times and which shall be designed to provide surface driveways or aisles to meet the minimum standards of this chapter.
PCPSF
A portable containerized property storage facility or unit shall mean a storage unit (commonly referred to as a "pod") not exceeding 10 feet in length, intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to household unit.
[Added 11-14-2017 by Ord. No. 2017-31]
PERFORMANCE GUARANTEE
Any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances in § 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
PERSON
Includes any person, individual, business entity, partnership, association, corporation, company or organization of any kind or nature.
PERSONAL SERVICES
Establishments engaged in providing services involving the care of a person or his/her apparel. Personal services usually include the following: laundry, garment services, diaper service, dry cleaning, photographic studios, employment agencies, pet grooming services, beauty and barber shops, shoe repair, tanning salons, health clubs, clothing rental.
PLAT
The map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34, 36 and 37 of Chapter 291, P.L. 1975, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY PLAT
The preliminary map of a major subdivision or site plan indicating the proposed layout of the site which is submitted to the appropriate board for consideration and preliminary approval and meeting the requirements of this chapter.
PRELIMINARY SITE PLAN
The preliminary development plan indicating the proposed layout of the site which is submitted to the appropriate board for consideration and preliminary approval and meeting the requirements.
PRINCIPAL STRUCTURE
One devoted to the principal use.
PRINCIPAL USE
The primary or predominant use of any lot or structure.
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic-sports and recreation. The term swimming pool does not include any plastic, canvas or rubber pool temporarily erected upon the ground capable of holding not more than 500 gallons of water.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational uses.
PUBLIC UTILITY FACILITIES
Telephone and electric lines, poles, communications equipment and structures, water or gas pipes, mains, valves or structures, or sewer pipes, valves or structures, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by any arm or entity of the local, State or Federal government or by any privately-owned public utility corporation.
RE-SUBDIVISION
(a) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets, or (b) the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RECYCLING AREA
Space allocated for collection and storage of source separated recyclable materials.
REDEVELOPMENT PROJECT
A site development plan containing a minimum of five contiguous acres which is developed in accordance with an adopted Redevelopment Plan.
RESIDENTIAL ZONES
Those zones set forth in the section of this chapter known as the R-1, R-2, R-3, R-4, NB/R and R-6 Zones.
SENIOR CITIZENS HOUSING
A dwelling unit, the head of which or spouse is 62 years of age or over.
SIGNS
Includes any device, freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon in any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for any purpose, including without limitation: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale, rental or use of all or any part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than State, County or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. Sign shall not be construed to mean any non-illuminated sign in the interior of any structure and not visible from the outdoors unless specifically designated as such in § 21-10 of this chapter. If the display information on commercial or recreational vehicles exceeds the minimum information required for registration and operation of the vehicle, the display information shall be considered a sign.
SINGLE OWNERSHIP
Ownership of a single lot by one person, or jointly by two or more persons, whether as joint tenants, tenants by the entirety, or tenants in common.
SINGLE-FAMILY RESIDENCE
A building or structure lawfully accommodating only one dwelling unit.
SITE PLAN
A development plan to be submitted to the Planning Board of one or more lots on which is shown:
a. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;
b. 
The location of all existing and proposed structures, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices;
c. 
Any other information reasonably necessary and required in order to make an informed determination pursuant to this chapter.
SITE PLAN COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for purposes of reviewing site plans for a report back to the entire Board and such other duties relating to land development which may be conferred on this committee by the Board and the Board's bylaws.
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
a. 
Which is an existing State, County or municipal roadway, or;
b. 
Which is shown upon a plat heretofore approved pursuant to law; or;
c. 
Which is approved by official action as provided by this chapter, or;
d. 
Which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the right-of-way lines.
STRUCTURE
Any combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
a. 
Divisions of land found by the Planning Board or subdivision committee to be for agricultural purpose where all resulting parcels are five acres or larger in size;
b. 
Divisions of property by testamentary or interstate provisions;
c. 
Divisions of property by court order, including but not limited to judgments of foreclosure;
d. 
Consolidation of existing lots by deed or other recorded instrument;
e. 
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Borough. The term 'subdivision' shall also include the term 're-subdivision.'
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions and minor subdivisions and re-subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivision which may be conferred on this committee by the Board and the Board's bylaws.
SUBDIVISION EXEMPTION
An exemption granted by the Planning Board from the procedures established for subdivisions in § 21-9 of this chapter for an alteration, diminution, creation or elimination of any lot line which does not constitute a subdivision under the definition of a subdivision pursuant to this chapter, such a division of land found by the Planning Board or subdivision committee to be for agricultural purposes where all resulting parcels are five acres or larger in size, division of property by testamentary or interstate provisions; divisions of property by court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the tax maps or atlas of the Borough.
TRACT
The entire area designated for redevelopment and all the lots that have been so designated. However, the Borough and the redeveloper may agree to exclude the lot on which the firehouse is located from the tract.
TRACT PERIMETER
The perimeter property line of the entire redevelopment area and not mean any internal roadways or internal subdivision lines.
TRANSCRIPT
The typed or printed verbatim record of the proceedings or reproduction thereof.
VARIANCE
Permission to depart from the literal requirements of a Zoning Ordinance pursuant to § 47 (40:55D-60) and subsections 29.2b, 57c and 57d of this act (N.J.S.A.40:55D-40; 40:55D-70).
VEHICLE, MOTOR
A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. See Subsection 21-9.15c, Parking Standards.
VEHICLE, NON-OPERATING, ABANDONED OR JUNK
A vehicle which is required to be registered but is unregistered and/or unable to move under its own power.
VEHICLE, RECREATIONAL
A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
YARD, FRONT
A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. The definition specifies that the line of measurement is perpendicular to the building and extends to the lot line. If the line of measurement was perpendicular to the lot line, there would be problems with pie-shaped and irregular lots. The ordinance would normally specify that the front yard could contain fences, walls, driveways and whatever else may be customary in a particular zone.
YARD, REAR
A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
YARD, REQUIRED
The open space between a lot line and the buildable area within which no structure shall be located except as provided in the Zoning Ordinance.
YARD, SIDE
A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.
ZONING PERMIT
A document signed by the administrative officer (a) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (b) which acknowledges that such use, structure or building complies with the provisions of the municipal Zoning Ordinance or variance there from duly authorized by a municipal agency pursuant to Sections 47 and 57 of this act (40:55D-60; 40:55D-70).
[Ord. No. 04-12 § 21-3.1]
There is hereby established in the Borough, a Planning Board of nine members, pursuant to Chapter 291, P.L. of N.J. 1975. The Planning Board shall consist of four classes of members as follows:
a. 
Class I. The Mayor of the Borough or the Mayor's designee.
b. 
Class II. One of the officials of the Borough other than a member of the governing body, to be appointed by the Mayor provided that, if there be an Environmental Commission the member of the Environmental Commission who is also a member of the Planning Board as required by § 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be deemed to be the Class II Planning Board member for purposes of this chapter in the event that there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education.
c. 
Class III. A member of the governing body to be appointed by it.
d. 
Class IV. Six citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one such member may be a member of the Zoning Board of Adjustment and one member may be a member of the Board of Education. The member of an Environmental Commission who is also a member of the Planning Board, as required by § 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1), shall be a Class IV Planning Board member, unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member common to the Planning Board and municipal Environmental Commission shall be deemed a Class II member of the Planning Board.
e. 
Alternate Members. Not more than two alternate members shall be appointed by the appointing authority for Class IV members of nine member Planning Boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
No alternate member shall be permitted to act on any matter in which the member has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if the member requests one, be removed by the governing body for cause.
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board established by ordinance of the governing body pursuant to § 14 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-23). A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Ord. No. 04-12 § 21-3.2]
The term of the member composing Class I shall correspond to his official tenure. If the member is the Mayor's designee, the designee shall serve at the pleasure of the Mayor during the Mayor's tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Adjustment or Board of Education shall terminate whenever he/she is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this chapter shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial Class IV term of no member shall exceed four years. Thereafter, the Class IV term of each member shall be four years. Nothing contained herein shall affect the term of any present member of the Planning Board, all of whom shall continue on office until the completion of the terms for which they were appointed. All terms shall run from January 1 of the year in which the appointment is made.
[Ord. No. 04-12 § 21-3.3]
If any vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the expired term.
[Ord. No. 04-12 § 21-3.4]
Any member other than a Class I member, after a public hearing if he/she requests one, may be removed by the governing body for cause.
[Ord. No. 04-12 § 21-3.5]
No member of the Planning Board or alternate member shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal for financial interest.
[Ord. No. 04-12 § 21-3.6]
The Planning Board is authorized to adopt by-laws and such other rules and regulations governing its procedural operation, which by-laws, rules and regulations shall be consistent with the provisions of this chapter and the New Jersey Municipal Land Use Law (P.L. 1975, Chapter 291). The Planning Board shall elect a chairman and vice chairman from the members of Class IV, select a secretary who may or may not be a member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance. It may employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
[Ord. No. 04-12 § 21-3.7]
a. 
The Planning Board shall exercise its power in regard to:
1. 
The Master Plan pursuant to [40:55D-28 et seq.];
2. 
Subdivision control and site plan review pursuant to [40:55D-37 et seq.];
3. 
The Official Map pursuant to [40:55D-32 et seq.];
4. 
The Zoning Ordinance including conditional uses pursuant to [40:55D-62 et seq.];
5. 
The capital improvement program pursuant to [40:55D-29 et seq.];
6. 
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval pursuant to [40:55D-60 et seq.];
b. 
The Planning Board may:
1. 
Participate in the preparation and review of programs or plans required by State or Federal law or regulation;
2. 
Assemble data on a continuing basis as part of a continuous planning process; and
3. 
Perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
c. 
Referrals.
1. 
Prior to the adoption of a development regulation, revision, or amendment thereto, the Planning Board shall make and transmit to the governing body, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment. The governing body, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the governing body from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.
2. 
The governing body may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted recommendation regarding a matter authorized by this Act to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
d. 
Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
e. 
Other functions. Exercise such other duties as may be assigned to it by ordinance or resolution of the governing body and perform such other functions as may be authorized by the New Jersey Municipal Land Use Law (P.L. 1975, Chapter 291) and other State statutes and administrative regulations. The Planning Board shall approve or deny applications as prescribed by law.
[Ord. No. 04-12 § 21-4.1]
Pursuant to N.J.S.A. 40:55D-25(C) the Planning Board shall exercise all of the powers of the Board of Adjustment. Specifically the Planning Board acting pursuant to N.J.S.A. 40:55D-25C shall have the powers set forth in the statutes of the State of New Jersey and herein.
[Ord. No. 04-12 § 21-4.2]
The Planning Board acting as a Board of Adjustment shall have the power to:
a. 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning Officer based on or made in the enforcement of the zoning regulations.
b. 
Hear and decide in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or regulations or for decisions upon other special questions upon which such board is authorized to pass by any zoning regulation or Official Map in accordance with this chapter or P.L. 1975, Chapter 291.
c. 
('c' variance, bulk variance) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulation pursuant to this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from strict application of such regulation so as to relieve such difficulties or hardship, including a variance for a conditional use, provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Subsection 47 (a) of P.L. 1975, Chapter 291 (N.J.S.A. 40:55D-60(a)).
d. 
('d' variance, use variance) In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to § 21-10 of this chapter, including, but not limited to allowing a structure or use in a district restricted against such structure or use, but only by an affirmative vote of at least five members of the Borough Planning Board acting as a Board of Adjustment.
e. 
Direct issuance of a permit pursuant to § 25 of P.L. 1975, Chapter 291, for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to § 23 of said Chapter 291.
f. 
Direct issuance of a permit pursuant to § 27 of P.L. 1975, Chapter 291, for a building or structure not related to a street.
g. 
Grant to the same extent and subject to the same restricts as the Planning Board, subdivision or site plan approval pursuant to § 21-9 or conditional use approval pursuant to § 21-10 whenever the proposed development requires approval by the Planning Board acting as a Board of Adjustment of a variance pursuant to paragraph d above. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Planning Board acting as a Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zoning Map and zoning regulations. The number of votes of Planning Board acting as a Board of Adjustment members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question and the special vote pursuant to paragraph d of this subsection shall not be required.
No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning plan and zoning regulations.
[Ord. No. 04-12 § 21-4.3]
An application under the terms of Subsection 21-4.2 may be referred to any appropriate person or agency pursuant to § 17 of P.L. 1975, Chapter 291, for its report; provided such reference shall not extend the period of time within which the Planning Board acting as a Zoning Board of Adjustment shall act.
[Ord. No. 04-12 § 21-4.4]
The governing body shall make provision in its budget and appropriate funds for the expenses of the Planning Board acting as the Board of Adjustment.
[Ord. No. 04-12 § 21-4.5]
a. 
Appeals to the Planning Board acting as a Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Borough based on or made in enforcement of this chapter. Such appeal should be taken within 20 days by filling a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Planning Board acting as a Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
b. 
A developer may file an application for development with the Planning Board acting as a Board of Adjustment for action under any of its powers without prior application to an administrative officer.
[Ord. No. 04-12 § 21-4.6]
a. 
The Planning Board acting as a Board of Adjustment shall render a decision not later than 120 days after the date of:
1. 
An appeal is taken from the decision of an administrative officer or;
2. 
The submission of a complete application for development to the Planning Board acting as a Board of Adjustment pursuant to Subsection 21-4.5b above.
b. 
In the event that the developer elects to submit separate consecutive applications as provided in Subsection 21-4.2g., the one-hundred-twenty-day provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
c. 
Failure of the Planning Board acting as the Board of Adjustment to act within the prescribed period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.
[Ord. No. 04-12 § 21-4.7]
The Planning Board acting as a Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.
[Ord. No. 04-12 § 21-4.8]
An appeal to the Planning Board acting as a Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Planning Board acting as a Board of Adjustment, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate to stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
[Ord. No. 04-12 § 21-4.9]
Whenever review or approval of the application by the County Planning Board is required by § 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or § 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Planning Board acting as a Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
[Ord. No. 04-12 § 21-4.10]
Any exception or variance from this chapter granted by the Board to an applicant shall expire if no construction, alteration or conversion has been commenced within one year from the date of granting such variations or exception unless otherwise provided in the resolution of the Board granting the exception or variation.
[Ord. No. 04-12 § 21-4.11]
No member of the Planning Board acting as a Board of Adjustment shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest.
[Ord. No. 04-12 § 21-4.12]
Members of the Planning Board acting as a Board of Adjustment on the effective date of this chapter shall continue in office until the completion of their terms as provided by law immediately prior to the effective date of this chapter. Any new appointments or reappointments to said Board shall be governed by the provisions of this chapter.
[Ord. No. 04-12 § 21-5.1]
The Borough Planning Board, Board of Adjustment and governing body shall adopt, and may amend reasonable rules and regulations, not inconsistent with this chapter, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk.
[Ord. No. 04-12 § 21-5.2]
a. 
Every municipal agency shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may provide for special meetings at the call of the chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with law. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by the following section of P.L. 1975, Chapter 291 (N.J.S.A. 40:55D-1 et seq.):
1. 
Section 23 (dealing with the adoption of the Official Map);
2. 
Section 25 (dealing with assurance of building permits on lands reserved on the Official Map);
3. 
Section 49 (dealing with the adoption of a Zoning Ordinance);
4. 
Section 50 (dealing with a protest against a zoning change);
5. 
Section 8e (dealing with the governing body reversing action by the Planning Board);
6. 
Section 17a (dealing with the governing body overriding the Planning Board report on development regulations);
7. 
Section 17b (dealing with another municipal agency overriding the Planning Board on matters referred to the Planning Board);
8. 
Section 57d (dealing with a use variance application).
Nothing herein shall be construed to contravene any act providing procedures for the governing body.
b. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with law and this chapter. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of this chapter.
c. 
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the municipal agency and of the persons appearing by attorney, the action taken by the municipal agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for this use.
d. 
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
e. 
The adoption of a resolution of memorialization, pursuant to Subsection 21-5.7 of this chapter, shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who votes for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action on an application for development by the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
[Ord. No. 04-12 § 21-5.3]
This chapter or any revision or amendment thereto shall not take effect until a copy thereof has been filed with the County Planning Board. An Official Map shall not take effect until filed with the County Recording Officer. Copies of this chapter and any revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk.
[Ord. No. 04-12 § 21-5.4]
Any power expressly authorized by N.J.S.A. 40:55D-1 et seq. to be exercised by the Planning Board or the Board of Adjustment shall not be exercised by any other body except as otherwise provided in this chapter.
[Ord. No. 04-12 § 21-5.5]
In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter or under any provision repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
[Ord. No. 04-12 § 21-5.6]
a. 
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this chapter, and, if such application for development complies with this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
b. 
In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Borough shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the municipal agency prevented or relieved from so acting by the operation of law.
[Ord. No. 04-12 § 21-5.7]
Every application for development submitted to the Planning Board or Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application.
[Ord. No. 04-12 § 21-6.1]
The Planning Board or the Board of Adjustment, as the case may be, shall hold a hearing on each application for development and/or the adoption, revision or amendment of the Master Plan. Notwithstanding any other provisions of this chapter, nothing contained herein shall be construed to require public notice of hearings on concept plans. The Borough Council shall hold a hearing on the adoption or amendment of a development regulation, and Official Map or a Capital Improvements Program. Those hearings requiring a public notice be given are set forth in Subsection 21-6.10. Prior to the subdivision or re-subdivision of land and prior to the issuance of a building permit, zoning permit, or certificate of occupancy or certification of compliance, change in owner or tenant for any lot or structure, and prior to an alteration of the exterior of a nonresidential or multifamily structure or alteration to land of a nonresidential or multi-family use, an application for subdivision or site plan, as the case may be, shall be submitted to and approved by the Planning Board in accordance with the requirements of this section; except that subdivision or individual lot applications for detached one or two family dwelling unit buildings shall be exempt from site plan review and approval.
[Ord. No. 04-12 § 21-6.2]
The Borough Planning Board or Board of Adjustment or governing body, as the case may be, shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
[Ord. No. 04-12 § 21-6.3]
The officer presiding at the hearing or such person as he/she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
[Ord. No. 04-12 § 21-6.4]
The testimony of all witnesses relating to an application for development shall be taken under oath or reaffirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
[Ord. No. 04-12 § 21-6.5]
Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
[Ord. No. 04-12 § 21-6.6]
The municipal agency conducting any hearing shall provide for a verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Said municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense, pursuant to Subsection 21-7.6 of this chapter. Said transcript shall be certified in writing by the transcriber to be accurate.
[Ord. No. 04-12 § 21-6.7]
a. 
Written decision. Each decision on any application for development shall be reduced to writing as follows and shall include findings of fact and conclusions based thereon.
The municipal agency shall provide such written decision and findings and conclusions on the date of the meeting at which the municipal agency grants or denies approval unless a resolution of memorialization as provided in paragraph b is adopted by said agency.
b. 
Resolution of memorialization. In the event the meeting at which the municipal agency grants or denies approval occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, the written decision may be provided by a resolution of memorialization adopted within 45 days of such meeting. The resolution of memorialization shall set forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application as provided in Subsection 21-5.2d shall not be memorialized by a resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application pursuant to Subsection 21-9.2b. Whenever a resolution of memorialization is adopted in accordance with this subsection the date of the adoption of such resolution shall constitute the date of the decision for purposes of mailings, filings and publications required by subsections 21-6.8 and 21-6.9 of this chapter.
[Ord. No. 04-12 § 21-6.8]
A copy of the decision shall be mailed by the municipal agency within 10 days of the decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a fee of $10. A copy of the decision shall also be filed by the municipal agency in the office of the Borough Clerk. The Borough Clerk shall make a copy of such filed decision available to any interested party for a fee of $10 and available for public inspection at his office during the hours from 9:00 a.m. to 4:00 p.m.
[Ord. No. 04-12 § 21-6.9]
A brief notice of the memorialized decision shall be published in the official newspaper of the Borough or a newspaper of general circulation in the Borough. Such publication shall be arranged by the secretary of the municipal agency provided nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication if he/she so desires. The Borough shall charge the applicant the cost of said publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.
[Ord. No. 04-12 § 21-6.10]
The following hearings shall require a public notice be given by publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation.
a. 
An application for development, before the Planning Board, of a preliminary plat of a minor or major subdivision.
b. 
The adoption, revision or amendment of the Master Plan or any part thereof by the Planning Board.
c. 
Any application before the Board of Adjustment.
d. 
An application for development, before the Planning Board, in which relief is requested pursuant to § 47 of Chapter 291, Laws of N.J. 1975.
e. 
Adoption, revision or amendment of any development regulations by the governing body.
f. 
Adoption, revision or amendment of the Borough Official Map by the governing body.
g. 
Application for major site plans and minor site plans where exterior modifications are proposed.
Notice shall be given by the applicant at least 10 days prior to the date of the hearing and shall state the date, time and place of the hearing, the nature of the matters to be considered, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available.
h. 
Concept Plan Review (Informal Hearings).
[Ord. No. 04-12 § 21-6.11]
All hearings requiring a public notice shall meet the following requirements:
a. 
The public notice of the hearing shall be given to the owners of all real property within the State of New Jersey shown on the current tax duplicate located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate, or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. This requirement shall be deemed satisfied by notice to the condominium association, in the case of any unit whose unit has a unit above or below it, or to the horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice to a condominium association, horizontal property regime, community trust or homeowner's association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
b. 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.
c. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan adjoining other County land or situated within 200 feet of a municipal boundary.
d. 
Notice shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
e. 
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk.
f. 
Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to paragraph a of this subsection. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee pursuant to Subsection 21-7.1e shall be charged for such list.
g. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this subsection.
[Ord. No. 04-12 § 21-6.12]
The Planning Board shall give:
a. 
Public notice of a hearing on adoption, revision or amendment of the Master Plan, such notice shall be given by publication in the official newspaper of the Borough or in a newspaper of general circulation in the Borough at least 10 days prior to the date of the hearing.
b. 
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
c. 
Notice by personal service or certified mail to the County Planning Board of all hearings on the adoption, revision or amendment of the municipal Master Plan at least 10 days prior to the date of the hearing. Such notice shall include a copy of any such proposed Master Plan, or any revision or amendment thereto; and the adoption, revision or amendment of the Master Plan not more than 30 days after the date of such adoption, revision or amendment, such notice shall include a copy of the Master Plan or revision or amendment thereto.
[Ord. No. 04-12 § 21-6.13]
Any notice made by certified mail pursuant to subsections 21-6.11 and 21-6.12 of this chapter shall be deemed complete upon mailing.
[Ord. No. 04-12 § 2-6.14]
a. 
Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of such hearing.
b. 
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least 10 days prior to the date of the hearing. Notice by personal service or certified mail shall be made by the County Planning Board of the adoption, revision or amendment of the municipal Capital Improvement Program or municipal Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the municipal Official Map or the municipal Capital Improvement Program, or any proposed revision or amendment thereto, as the case may be.
c. 
Notice of hearings to be held pursuant to this subsection shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this subsection shall be deemed complete upon mailing.
[Ord. No. 04-12 § 2-6.15]
When any hearing before the Planning Board or Board of Adjustment, as the case may be, shall carry over two or more meetings, a member of the municipal agency conducting said hearing absent for one or more of the meetings, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings, provided, however, that said member has available to him/her a transcript or recording of the meeting from which he/she was absent and certifies in writing to the agency that he/she has read such transcript or listened to such recording, prior to his voting or participating on any decision on the matter.
[Ord. No. 04-12 § 21-7.1; Ord. No. 07-03; Ord. No. 09-08; Ord. No. 2010-25; Ord. No. 2012-11; Ord. No. 2017-08]
Every application for development shall be accompanied by a check payable to the Borough of Bound Brook in accordance with the following schedule:
Application Charge
plus
Escrow Account
a.
Subdivisions:
1.
Minor Plat
$300
$1,600 plus $100 per lot
2.
Preliminary Major Plat
$300
$350 plus $100 per lot
3.
Final Major Plat
$150
$2,400
4.
Informal Presentation
(One appearance only — a maximum of 15 minutes)
-0-
None required
5.
Concept Plat for Review
(a)
Minor Subdivision
$300
$1,600
(b)
Major Subdivision
$300
$1,600
b.
Site Plans:
1.
Minor Site Plan
$150
$2,000
2.
Preliminary Plan
$300
$3,600
3.
Final Plan
$300
$2,000
4.
Informal Presentation
-0-
None required
(One appearance only — a maximum of 15 minutes)
None required
5.
Concept Plan for Review
(a)
Minor Site Plan
$300
$2,000
(b)
Major Site Plan
$300
$2,000
6.
Request for Waiver of Site Plan
$200
$2,000
c.
Variances:
1.
Appeals (40:55D-70a)
$200
$800
2.
Interpretation (40:55D-70b)
$200
$800
3.
Bulk (40:55D-70c)
$300
$800
4.
Use (40:55D-70d)
$400
$3,200
5.
Permit (40:55D-34 & 35)
$300
$1,200
d.
Appeals to Borough Council (see § 21-8 of this chapter)
$400
$2,000
e.
Certified List of Property Owners
$025 per name or $10 whichever is greater
None required
f.
Copy of Minutes or Decisions
See Chapter 2, § 2-60
None required
g.
Zoning Permit
1.
Permit for temporary signs:
$75 annually for up to six applications; $25 for each additional application made within the same year during which a previously issued annual zoning (sign) permit is valid for the installation or mounting of a temporary sign.
2.
Residential
$50
3.
Commercial
$100
[Ord. No. 04-12 § 21-7.2; Ord. No. 09-08]
The application charge is a flat fee to cover administrative expenses and is non-refundable. The escrow account is established to cover the costs of professional services including engineering, planning, legal and other expenses connected with the review of the submitted materials. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional account and shall add such sum to the escrow within 15 days of the date of the notification of the short fall or the application will be considered incomplete and all work or approvals shall cease.
[Ord. No. 04-12 § 21-7.3]
Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.
[Ord. No. 04-12 § 21-7.4]
Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review of the application. All such costs for review must be paid before any approved plat, plan or deed is signed. All remaining costs must be paid in full before any occupancy of the premises is permitted or Certificate of Occupancy issued.
[Ord. No. 04-12 § 21-7.5]
If the applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant who shall arrange for the reporter's attendance.
[Ord. No. 04-12 § 21-7.6]
If, at a later date, the applicant desires a transcript of any meeting, hearing or other proceeding, the cost of said transcript shall be $5 per page. In addition, the applicant will be required to place a $50 deposit when requesting such a transcript. Any balance due or refund due will be made upon delivery of the transcript. A duplicate recording of such proceedings will be provided at a cost of $15.
[Ord. No. 04-12 § 21-8.1]
Any interested party may appeal to the governing body:
Any final decision of the Board of Adjustment approving an application for development pursuant to § 57, Paragraph (d) of Chapter 291, Laws of N.J. 1975.
[Ord. No. 04-12 § 21-8.2]
Any appeal listed in Subsection 21-8.1 shall be made within 10 days of the date of publication of such final decision pursuant to N.J.S.A. 40:55D-10i. The appeal to the governing body shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the ground thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board and Board of Adjustment.
[Ord. No. 04-12 § 21-8.3]
Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection 21-6.8 and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection 21-6.6.
[Ord. No. 04-12 § 21-8.4]
The appellant shall, either within the five days of service of the notice of the appeal pursuant to Subsection 21-8.1 arrange for a transcript pursuant to Subsection 21-6.6 for use by the Borough Council and pay a deposit of $50 of the estimated cost of such transcription, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The Borough Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection 21-6.9 unless the applicant consents in writing to an extension of such period. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board from which the appeal has been taken.
[Ord. No. 04-12 § 21-8.5]
Any interested party may appeal to the governing body any final decision of a Board of Adjustment approving an application for development pursuant to Subsection d of § 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70), if so permitted by ordinance. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection I of § 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10). The appeal to the governing body shall be made by serving the Municipal Clerk in person or by certified mail with a notice of appeal, specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment. Procedure established as N.J.S.A. 40:55D-17 shall be followed.
[Ord. No. 04-12 § 21-8.6]
An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed by such Board, that by reasons of fact stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
[Ord. No. 04-12 § 21-8.7]
The governing body shall mail a copy of the decision to the appellant or if represented then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Borough Clerk provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he/she so desires. The governing body shall charge the applicant for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.
[Ord. No. 04-12 § 21-8.8]
Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
[Ord. No. 04-12 § 21-9.1; Ord. No. 10-19 § 1]
Prior to the subdivision or re-subdivision of land and prior to the issuance of a building permit, demolition permit, zoning permit, or certificate of occupancy or certification of compliance, change in owner or tenant for any lot or structure, and prior to the erection of any structure, alteration of the exterior of any structure used for a nonresidential or multifamily use or alteration to land of a nonresidential or multi-family use or any other development, an application for subdivision or site plan, as the case may be, shall be submitted to and approved by the Planning Board in accordance with the requirements of this section; except that subdivision or individual lot applications for detached one or two family dwelling unit buildings shall be exempt from site plan review and approval.
a. 
Eighteen copies of the application and development checklist for subdivision or site plan approval shall be received by the administrative officer at least 14 days prior to a regular meeting of the Planning Board. All revisions shall be received by the administrative officer at least 14 days prior to the date of the next meeting on which the application is heard.
b. 
Said application shall be made on forms available from the Director of Inspections, shall be accompanied by the required filing fee and required plans of the subdivision plat or site plan and any other required documents as provided in the development checklist. An application for final subdivision approval shall also be accompanied by the original tracing of the preliminary subdivision or preliminary site plan plat.
c. 
An application shall be certified by the approving authority as complete upon complying with the definition of "complete application," as set forth in § 21-2, for purposes of the commencement of the time period of action by the municipal agency. If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies of completeness within 45 days of the receipt of such application or it shall be deemed to be properly submitted.
d. 
The owner of the property or purchaser under contract that is the subject of the application shall be present at the hearings.
e. 
Waiver by Zoning Officer. Notwithstanding the provisions above, the Zoning Officer may waive the requirement for site plan approval when a proposed development (1) is a permitted use in the zone; (2) consists solely of nonstructural changes to the interior of a structure; (3) does not increase the number of parking spaces required by ordinance; and (4) does not involve any substantial site development considerations.
[Ord. No. 04-12 § 21-9.2]
Upon receipt of an application, the Zoning Officer shall forward same to either the Planning Board or Board of Adjustment depending upon who has jurisdiction. If the Planning Board has jurisdiction, the Zoning Officer shall forward same to the secretary of the Planning Board who in turn shall forward same to the subdivision or site plan committee and in addition shall send a copy to each of the following for report and recommendation:
Borough Police Department
Borough Fire Department
Borough Engineer
County Planning Board
Board of Health
Borough Planning Consultant
Such other Municipal, County, State and Federal officials and agencies as directed by the subdivision and site plan committee
The Redevelopment Advisory Committee, if the property lies within the Redevelopment Area
a. 
The subdivision or site plan committee shall review the application along with reports required from any officials or agencies and shall submit its findings and recommendations to the Planning Board.
b. 
The Planning Board shall grant or deny the application within the times of submission of a complete application prescribed by law or within such further time as may be consented to by the applicant.
c. 
Whenever review or approval of an application by the County Planning Board is required by the County land development standards, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
d. 
If the schedule of time of the Planning Board meeting allows insufficient time for the Board to reach an informed determination regarding action on an application within the time prescribed in this subsection, the applicant shall be requested to consent to an extension of time.
e. 
Prior to returning the approved plat or site plan to the applicant, the applicant shall submit a minimum of six copies to the secretary of the Planning Board for signature of the Board Chairman, Board Secretary and Borough Engineer. A copy shall be directed to each of the following:
Borough Police Department
Borough Fire Department
Borough Clerk
Borough Engineer
Building Inspector
Tax Assessor
Planning Board Secretary
The Redevelopment Advisory Committee, if the property lies within the Redevelopment Area
[Ord. No. 04-12 § 21-9.3]
At the request of the developer, the Planning Board may grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. A timeframe of 15 minutes shall be allocated for this review. A fee may be required if a professional review is required. If a professional review is required by the Board or if the property lies within a Redevelopment Area, the applicant shall notice all property owners within 200 feet of the lots in question. The concept plan is designed to enable the Planning Board and the applicant to discuss and evaluate principles and potential problems involved before the applicant has gone to the expense of completing detailed engineering drawings as required for further processing of the development application. The opinions offered are not binding on the developer or on the Planning Board.
[Ord. No. 04-12 § 21-9.4]
Prior to the subdividing or re-subdividing of any land within the Borough which subdivision constitutes a minor subdivision as defined in § 21-2, a minor subdivision application shall be filed in accordance with Subsection 21-9.1 above and shall contain all data and information required in Subsection 21-9.12b.
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law," P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the "Map Filing Act," P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said Map Filing Act.
[Ord. No. 04-12 § 21-9.5]
Any application for minor site plan, as defined in § 21-2, shall be filed which shall contain all data and information required in Subsection 21-9.12d.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.
[Ord. No. 04-12 § 21-9.6]
Any application for approval of a preliminary subdivision and site plan shall be filed in accordance with Subsection 21-9.1 and shall contain all information as required in Subsection 21-9.12, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing herein required. The subdivision committee shall report to the Planning Board on all subdivision applications and the site plan committee shall report to the Board on site plan applications.
a. 
If the Board processing an application finds that said application is in substantial compliance with the development checklist, it shall deem the application complete and shall schedule a hearing on the application pursuant to § 21-6. If the application is found to be not in compliance, it shall so inform the applicant and shall require the filing of an amended application to deal with the deficient items of completeness.
b. 
If, during the public hearing, the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. After the Planning Board is satisfied that the proposed application, together with any conditions as imposed by the Board, meets all of the conditions of this chapter, it shall grant preliminary approval.
c. 
Preliminary approval shall, except as provided in subparagraph 4 below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
d. 
Demolition of structures for any nonresidential use shall require site plan approval prior to the issuance of a demolition permit. The site plan shall include the reconstruction plan and intended use to which the premises shall be placed. The plan shall include an interim plan for measures of landscaping and hard surface and soil stabilization to be undertaken until there is implementation of the reconstruction plan. Landscaping is intended to afford an attractive view from the street and from adjacent properties. Prior to the issuance of a demolition permit, a performance bond shall be posted with the Borough to assure the installation of all the interim measures. If the interim measures are not implemented within 90 days of Board approval, the Borough shall cause calling of the bond and implementation of the interim plan.
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks, lot size; yard dimensions and off-tract improvements; and, in the case of site plan, any requirements peculiar to site plan approval pursuant to Subsection 21-9.13b., except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
2. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be;
3. 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance such revised standards may govern; and
4. 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in paragraphs 1, 2 and 3 above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under preliminary approval; and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
[Ord. No. 04-12 § 21-9.7]
a. 
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to Subsection d of § 52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65), the approving authority may require and shall accept in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements.
b. 
The furnishing of a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for improvements which the approving authority may deem necessary or appropriate. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
c. 
Provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
d. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), as of the time of the passage of the resolution.
[Ord. No. 04-12 § 21-9.8]
a. 
All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Borough Engineer to insure satisfactory completion. The cost of said inspection shall be the responsibility of the owner who shall deposit with the Borough Treasurer a sum of $500 or 5% of the cost of improvements, whichever is greater. These fees may, at the option of the developer be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall pay the remaining 50% of the anticipated fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. In the event of exceptional circumstances, the Board may require the deposit of an amount in excess of that set forth above for good cause shown.
b. 
In no case shall any paving work be done without permission from the Borough Engineer. At least two working days' notice shall be given to the Borough Engineer prior to any construction so that he/she or a qualified representative may be present at the time the work is to be started.
c. 
Streets shall not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.
d. 
The Borough Engineer's office shall be notified prior to each of the following phases of work so that he/she or a qualified representative may inspect the work:
1. 
Road subgrade.
2. 
Curb and gutter forms.
3. 
Curbs and gutters.
4. 
Road paving.
5. 
Sidewalk forms.
6. 
Sidewalks.
7. 
Drainage pipes and other drainage construction.
8. 
Street name signs.
9. 
Monuments.
10. 
Sanitary sewers.
11. 
Detention and/or retention basins.
12. 
Topsoil, seeding and planting.
13. 
Underground utilities.
e. 
Any improvement installed contrary to the plan or plat approved by the Board not in compliance with the Borough Engineer, County and State jurisdictional approvals shall constitute just cause to void the municipal approval.
Minor adjustments to the plan may be authorized by the site plan committee and the Borough Engineer.
f. 
Any improvement installed without notice for inspection as cited hereinabove shall constitute just cause for:
1. 
Removal of the uninspected improvement;
2. 
The payment by the developer of any costs for material testing;
3. 
The restoration by the developer of any improvements disturbed during any material testing; and/or
4. 
The issuance of a "stop work" order by the Borough Engineer pending the resolution of any dispute.
g. 
Inspection by the Borough of the installation of improvements and utilities shall not operate to subject the Borough of Bound Brook or any of its officials or employees to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractors, if any.
h. 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to paragraph a., a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which of the improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
[Ord. No. 04-12 § 21-9.9]
The Borough Council shall approve, partially approve or reject the improvements, on the basis of the report from the Borough Engineer, and shall notify the obligor, in writing, by certified mail, of the Engineer's report and the action of the Borough Council, in a time frame prescribed by law after the receipt of the notice of the obligor of the completion of the improvements.
a. 
Where partial approval is granted, the obligor shall be released from all liability pursuant to the performance guarantee for such improvements, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the performance guarantee posted may be retained to ensure the completion of all improvements and that said 30% may be applied against all improvements, regardless of when completed.
b. 
If any portion of the required improvements is rejected, the obligor shall complete such improvements and, upon completion, shall notify the Borough Council as specified in § 21-9.8h, and the same procedures shall be followed as in the first instance.
[Ord. No. 04-12 § 21-9.10]
The approval of any application for development by the Borough shall in no way be construed as acceptance of any street or drainage system, or any other improvements, nor shall such approval obligate the Borough in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the Borough Council unless and until all of the following conditions have been met:
a. 
The Borough Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter;
b. 
The final application for development shall have been approved by the Board;
c. 
The owner shall have filed with the Borough Council a maintenance guarantee in an amount equal to and not more than 15% of the cost of installing the improvements. The maintenance guarantee shall run for a period of two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this chapter. The requirements for a maintenance guarantee may be waived by the Board only if the Borough Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Borough Engineer certified completion of such improvements in a satisfactory manner; and
d. 
An "as built" plan and profile of all utilities and roads (three black and white prints plus a mylar copy to be sent to the Borough Engineer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Borough Engineer, shall be provided.
[Ord. No. 04-12 § 21-9.11]
Application for approval of a final subdivision or a final site plan shall be filed in accordance with Subsection 21-9.1 and shall contain all the information prescribed in Subsection 21-9.12, paragraphs c and f, as the case may be. Said application shall be filed within the period prescribed in Subsection 21-9.1a and may be for the whole or a section or sections of preliminary plat or site plan, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The subdivision committee or site plan committee shall report to the Planning Board on all subdivision applications and site plan applications respectively.
a. 
If the Board processing an application finds that said application is in compliance with the general terms and conditions of the preliminary approval of said application and the development checklist for completion, it shall schedule a hearing on the application pursuant to § 21-6. If the application is found to be deficient in any respect, said Board shall so inform the applicant and shall require the filing of an amended application which shall be processed as in the case of the original application.
b. 
After the Planning Board or Board of Adjustment, as the case may be, is satisfied that the proposed application, together with any conditions as imposed by said Board, meets all the conditions of preliminary approval, it shall grant final approval.
c. 
Whenever review or approval of the application by the County Planning Board is required by § 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or § 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
d. 
If final approval is granted, copies of the plat or site plan as amended per conditions of the approving resolution shall be signed by the Chairman and Secretary of the Board granting said approval and the secretary shall file the approved plans with the following:
Borough Police Department
Borough Fire Department
Borough Clerk
Borough Engineer
Building Inspector
Tax Assessor
Planning Board
The Redevelopment Advisory Committee, if the property is within the Redevelopment Area.
e. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection 21-9.6c., whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision, the rights conferred by the subsection shall expire if the plat has not been duly recorded within the time period provided in paragraph f. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has fully recorded the plat as required in paragraph f., the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection 21-9.6c for the section granted final approval.
f. 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 90 days from the date of signing of the plan.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to § 44 of Chapter 291, Laws of New Jersey 1975. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Subsection 21-9.7. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
g. 
Nothing contained in this chapter shall be construed to permit the issuance of a building permit on any lot in a subdivision or on any lot requiring site plan or waiver of site plan approval until final approval as heretofore required is granted by the Planning Board or Board of Adjustment, as the case may be, and signatures of the Chairman, Secretary and Engineer have been affixed to the appropriate map and conditions of any approving resolution have been fully satisfied and properly filed by the County Recording Officer as herein required.
[Ord. No. 04-12 § 21-9.12]
In the event that the applicant believes that the requested information is not pertinent to the application, a written request for waiver may be submitted. This request should include a brief explanation why the requirement is not necessary. In this case, the applicant should provide a "W" in the space provided on the checklist. The application will not be deemed incomplete if a written request for waiver accompanies the checklist. In the event that a checklist requirement is not applicable, the applicant should provide an "N/A" designation for the item not applicable on the development checklist form.
Applications presented to the Board shall include sufficient data to give the Board a full understanding of the request. Unless otherwise specified, the following data is required for all applications as part of the development checklist for a complete application:
a. 
Variance Request.
Development Checklist.
1. 
Submission of the correct application fee.
2. 
Application form: 18 copies.
3. 
Plans prepared by a N.J. Professional Land Surveyor or Professional Engineer: 12 copies folded into eighths.
4. 
Deed: three copies.
5. 
Copy of all deed restrictions: three copies.
6. 
Certification from Tax Collector that taxes have been paid.
7. 
County application form as provided to the County Planning Board.
8. 
Scale of no greater than one inch equal 50 feet.
9. 
Key map of less than one inch equals 2,000 feet.
10. 
Title block.
11. 
Name and address of applicant.
12. 
Name and address of owner.
13. 
Owner consent of block, signed.
14. 
Graphic and written scale.
15. 
Signature approval block of Chairman, Secretary and Engineer.
16. 
North arrow referenced to source.
17. 
Existing block and lot numbers.
18. 
Proposed lot and block numbers as received from Tax Assessor.
19. 
Location and dimensions of existing and proposed buildings.
20. 
Zone district in which the property lies. A listing of all zone requirements for the zone and a listing of what is being provided.
21. 
Flood plain delineation including flood fringe and floodway H.U.D. reference.
22. 
Topography of site based on U.S.G.S. datum.
23. 
Landscaping plan.
b. 
Minor subdivision.
1. 
Submission of the correct application fee.
2. 
Application form: 18 copies.
3. 
Plans prepared by N.J. Professional Land Surveyor or Professional Engineer: 12 copies folded into eighths.
4. 
Deed: three copies.
5. 
Copy of all deed restrictions: three copies.
6. 
Certification from Tax Collector that taxes have been paid.
7. 
County application form as provided to the County Planning Board.
8. 
Scale of no greater than one inch equals 50 feet.
9. 
Key map of less than one inch equals 2,000 feet.
10. 
Title block.
11. 
Name of subdivision.
12. 
Name and address of subdivider.
13. 
Name and address of owner.
14. 
Owner consent of block, signed.
15. 
Graphic and written scale.
16. 
Acreage and square footage of original tract, subdivided parcels and dedicated lands.
17. 
Signature approval block of Chairman, Secretary and Engineer.
18. 
North arrow referenced to source.
19. 
Existing block and lot numbers.
20. 
Proposed lot and block numbers as received from Tax Assessor.
21. 
Location and dimensions of existing and proposed buildings and driveways on site and within 100 feet.
22. 
Watercourses and culverts on site and within 200 feet with stream encroachment lines.
23. 
Zone district in which the property lies. A listing of all zone requirements for the zone and a listing of what is being provided.
24. 
Flood plain delineation including flood fringe and floodway H.U.D. reference.
25. 
Topography of site based on U.S.G.S. datum.
26. 
Monuments to be shown at all existing and proposed corners.
27. 
Sight triangle provided on corner lots.
28. 
Surveyor certification that the subdivision is based upon accurate survey.
29. 
Wooded areas.
30. 
Landscaping plan.
c. 
Major subdivision.
In addition to the requirements for minor subdivision, application for major subdivision shall also contain the following information:
31. 
Cross-sections of all streams traversing the property.
32. 
Total area of drainage basin of any watercourse traversing the property.
33. 
Topography at two-foot vertical intervals on slopes less than 15%.
34. 
Topography at five-foot intervals on slopes of greater than 15%.
35. 
Note that utilities are to be installed underground.
36. 
Street sign or on-site sign locations and detail.
d. 
Preliminary site plan.
1. 
Submission of the correct application fee.
2. 
Application form: 18 copies.
3. 
Plans prepared by N.J. Professional Land Surveyor or Professional Engineer or Registered Architect: 12 copies folded into eighths.
4. 
Deed: three copies.
5. 
Copy of all deed restrictions: three copies.
6. 
Certification from Tax Collector that taxes have been paid.
7. 
County application form as provided to the County Planning Board.
8. 
Scale of no greater than one inch equals 50 feet.
9. 
Title block.
10. 
Name and address of applicant.
11. 
Name and address of owner.
12. 
Owner consent of block, signed.
13. 
Graphic and written scale.
14. 
Acreage and square footage of original tract and dedicated lands.
15. 
Signature approval block of Chairman, Secretary and Engineer.
16. 
North arrow referenced to source.
17. 
Existing block and lot numbers.
18. 
Zone district in which the property lies. A listing of all zone requirements for the zone and a listing of what is being provided.
19. 
Flood plain delineation including flood fringe and floodway H.U.D. reference.
20. 
Sight triangle provided on corner lots.
21. 
Surveyor certification that the application is based upon accurate survey.
22. 
Topography based on U.S.G.S. datum.
23. 
Note that utilities are to be installed underground.
24. 
Required number of parking stalls per ordinance and the number proposed.
25. 
Parking plan showing dimension spaces, aisles, access lanes and handicapped stall locations.
26. 
Floor plans and elevations with exterior.
27. 
Landscaping plan.
28. 
Lighting layout with point-to-point intensity illumination pattern shown on the plan.
29. 
Drainage plan.
30. 
Street sign or on-site sign locations and detail.
31. 
First floor topographic elevation.
32. 
Architectural elevations, integrated into streetscape of buildings 200 feet either side of property.
33. 
Dimensions of building curbs and sidewalks with details.
34. 
Photographic depiction of building, integrated by size, scale and architecture into streetscape of buildings 200 feet either side of property.
e. 
Waiver of site plan - deviations from the required site plan details.
If it can be demonstrated that because of peculiar conditions relating to the property or proposed use, any of the above checklist details are not necessary to properly and fully evaluate the site plan, the Planning Board may modify or waive any or all of the specific requirements for a site plan application. The applicant may request relief from the requirements of the development checklist only if the following is confirmed by the Zoning Officer in writing:
1. 
The application does not request or require any interior or exterior alteration (except for signage).
2. 
The use has sufficient striped parking on the property according to this chapter. All uses on the property must be considered cumulatively to be in conformance with this chapter.
3. 
There are no existing zoning violations of the property as affirmed in writing by the Zoning Officer.
In addition, the applicant must also submit 12 sets of the following to the Board in support of this request as a matter of complete application:
(a)
Survey of the property and copy of prior approved site plan (duly signed) or proof of prior waiver of site plan approval
(b)
Eight photographs of the property including parking, front and rear areas
(c)
Written description of the prior use and proposed use
(d)
Description of the location of solid waste disposal area
(e)
Verification from the Tax Collector that taxes have been paid
It is within the sole discretion of the Board whether the application is of such a minor nature as to be eligible for a waiver of the information otherwise required for the submission of a site plan application. See Checklist requirements for Waiver of Site Plan Requests to the Board.
f. 
Application of Final Subdivisions and Site Plans.
Development Checklist.
1. 
Submission of the correct application fee.
2. 
Application form: 12 copies.
3. 
Plans prepared by N.J. Professional Land Surveyor or Professional Engineer or Registered Architect: 12 copies folded into eighths.
4. 
Deed: three copies.
5. 
Copy of all deed restrictions: three copies.
6. 
Certification from Tax Collector that taxes have been paid.
7. 
County application form as provided to the County Planning Board.
8. 
Engineer's Estimate of cost of improvements.
9. 
Proof that all prior conditions have been met.
10. 
Approved preliminary plans, signed by Chairman, Secretary and Engineer: 18 copies.
[Ord. No. 04-12 § 2-9.13]
Prior to the granting of final approval of a major subdivision plat or site plan, the applicant shall have installed or furnished performance guarantees as set forth in Subsection 21-9.7 above for the ultimate installation of the improvements described below.
a. 
Installations for subdivisions. The following improvements shall be required for all major subdivisions:
1. 
Street grading. The subdivider shall provide for the grading of all street rights-of-way for their full width and shall provide slope-right easements adjacent to the rights-of-way as required.
2. 
Sight easements. When required by the Planning Board as being essential to traffic safety, the subdivider shall provide for sight easements at street intersections to allow for proper sight distances.
3. 
Pavement and curbs. In all major subdivisions in all zones, the subdivider shall construct a paved roadway 30 feet wide between Belgian-block curbs, concrete curbs, or concrete curb and gutter, as required by the Borough Engineer. Said paved roadway shall consist of a base of five inch bituminous stabilized base course and a surface of 1 1/2 inch bituminous concrete surface course mix I-4 or mix I-5.
4. 
Water. The subdivider shall make an adequate supply of water available to each lot within the subdivision. The subdivider shall provide for the installation of fire hydrants, as approved by the Borough. The installation of all water supply shall be in accordance with the specifications of the public utility serving the area as approved by the State public utility commission.
5. 
Drainage. Adequate provisions shall be made for water mains, culverts, storm sewers and sanitary sewers, and all such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. Provisions shall also be made for special problems of drainage during construction.
6. 
Lot must be so graded as to prevent erosion or directing of water into adjacent properties.
7. 
Sidewalks. The subdivider shall construct a four-foot wide concrete sidewalk on both sides of the street in all zones, as required by the Planning Board.
8. 
Shade trees. The developer shall plant nursery-grown shade trees within the right-of-way on both sides of each street, eight feet in from the curbline, if possible, so as not to interfere with possible future utilities or sidewalks, not more than 50 feet apart. Shade trees to be of at least 2 1/2 inches in diameter, to be measured one-foot above grade, and of the following varieties: oak, linden, sycamore, maple (except silver maple) or locust, and shall be trimmed so lowest branches will be at least six feet above grade.
9. 
Topsoil and tree protection. Topsoil moved during the course of construction shall be redistributed so as to provide cover to all areas of the subdivision and shall be stabilized by seeding or planting, provided, however, that the depth of the topsoil need not exceed six inches and provided further that said topsoil cover shall be at least four inches in depth.
10. 
Street signs. The subdivider shall provide street signs at all intersections as required by the Borough Engineer.
11. 
Manholes. The subdivider shall provide locking-type manholes at locations other than in a public street paving.
12. 
Driveway improvements. The subdivider shall pave all driveways lying between the curb depression and the right-of-way line with concrete not less than six inches thick.
13. 
Survey monuments. To be of the size and shape required by N.J.S.A. 46:23-9.9 et seq. and shall be placed in accordance with such statute.
14. 
Other improvements authorized in N.J.S.A. 40:55D-53.
b. 
Installations for site plans. The following improvements shall be required for all site plans. All off-street parking areas for nonresidential use permitted in residential zones and all off-street parking areas in nonresidential zones shall meet all of the following requirements:
1. 
All off-street parking areas shall consist of a base of four inch bituminous stabilized base course Mix I-2 and surface of 1 1/2 inch bituminous concrete surface course, Mix I-4 or Mix I-5. Alternate specifications may be substituted if sufficient evidence can be presented as to why the standard is not appropriate. All parking areas shall be maintained in good condition, and shall be so graded and drained as to dispose of surface waters to the satisfaction of the Borough Engineer.
2. 
All parking spaces within any parking area shall be clearly marked to show the parking arrangements within said parking area.
3. 
All lighting of off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets, residential zones and residential buildings.
4. 
All parking areas shall be effectively screened on any side which abuts or faces any premises situated in any residential zone by a fence, wall or hedge at least six feet in height, maintained in good condition, if required, by the site plan approved by the Planning Board; provided, however, that such fence, wall or hedge may be waived by the Planning Board if, because of topographic or other extraordinary or exceptional conditions the same shall not be necessary to protect any abutting or facing premises situated in any residential zone.
5. 
If any fence wall or hedge shall have been required for any parking area under paragraph 4 above, then said fence, wall or hedge shall be protected by a concrete curb or bumper guard, or the equivalent, which shall run parallel to said fence, wall or hedge, be at least five inches in height above the paved surface adjacent to said fence, wall or hedge, and be a sufficient distance therefrom to protect said fence, wall or hedge from the impact of motor vehicles. Utility poles or railroad ties shall not be used to meet required curbing or bumper guards.
6. 
Every site plan shall show an area reserved for trash or refuse pick-up as approved by the Planning Board. Such area shall be so located on the premises that solid waste trucks have access to such area at all times. Containers shall be enclosed or otherwise shielded from the roadway and adjacent properties.
7. 
Provisions which are to be made for the handicapped, particularly as they relate to entranceways and ramps both within any new or remodeled structure and any site improvements.
8. 
Sidewalks shall be constructed on the site to adequately serve pedestrian traffic as required by the Planning Board.
9. 
Drainage. Adequate provisions shall be made for water mains, culverts, storm sewers and sanitary sewers, and all such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. Provisions shall also be made for special problems of drainage during construction.
10. 
Landscaping in accordance with the approved plan. Shade trees shall be planted not more than 50 feet apart and conform to landscaping requirements in Subsection 21-9.15 b.
11. 
Other improvements authorized in N.J.S.A. 40:55D-53.
[Ord. No. 04-12 § 21-9.14]
As a condition of preliminary approval and prior to any construction or the filing of an application for final approval of a subdivision or a site plan, the applicant shall have made cash payments, or, with the consent of the Borough, installed, in the manner provided below with respect to the immediate or ultimate installation of any required off-tract improvements.
a. 
Allocation of costs. Criteria in Determining Allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Borough or any one or more of the foregoing, shall be determined by the Planning Board, with the assistance of the appropriate Borough agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-site improvements, the estimated time of construction of the off-site improvements, and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40:A:2-22. Requirements for off-tract improvements shall be consistent with § 30 of P.L. 1975, Chapter 291. In addition, the following criteria may also be considered, as well as any other reasonable criteria the Board feels is necessary to protect the health, safety and general welfare of the Borough.
1. 
Street, curb, sidewalk, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and anticipated benefit thereto.
2. 
Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:
(a) 
The percentage relationship between the acreage of the application and the acreage of the total drainage basin;
(b) 
The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself; and
(c) 
The use, condition or status of the remaining area to the drainage basin.
3. 
Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.
4. 
Sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.
b. 
Determination of cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Planning Board with the advice of the Borough Engineer and appropriate Borough agencies.
c. 
Manner of construction. When those estimates are received, the governing body shall then decide whether the off-tract improvement is to be constructed:
1. 
By the Borough as a general improvement, or
2. 
By the Borough as a local improvement, or
3. 
By the applicant under a formula providing for partial reimbursement by the Borough for benefits to properties other than the subdivision or site plan.
d. 
Amount of contribution. When the manner of construction has been determined, the applicant may be required to provide a cash deposit to the Borough of one of the following amounts:
1. 
If the improvement is to be constructed by the Borough as a general improvement, an amount equal to the difference between the estimated costs of the improvement and estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement;
2. 
If the improvement is to be constructed by the Borough as a local improvement, then in addition to the amount referred to in paragraph 1 above the estimated amount by which the subject property will be specifically benefited by the off-tract improvement; or
3. 
If the improvement is to be constructed by the applicant, an amount equal to the estimated costs of the off-tract improvement, less an offset for benefits to properties other than the subject property.
e. 
Payment of allocated cost.
1. 
The estimated costs of the off-tract improvement allocated to the applicant if deposited in cash, shall be paid by the applicant to the Borough Treasurer who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Borough within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned together with accumulated interest or other income thereon, if any.
2. 
In the event the payment by the applicant to the Borough Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements then it shall be required to pay its appropriate share of the cost thereof.
3. 
In the event the payment by the applicant to the Borough Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assigns, shall be repaid an amount equal to the difference between the deposit and its share of the actual costs.
4. 
If the applicant shall deem that any of the amounts so estimated by the Planning Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings to compel subdivision or site plan approval.
5. 
If the applicant and the Planning Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-tract improvement, or the determination made by the officer or Board charged with the duty of making assessments as to special benefits, if the off-tract improvement is to be constructed as a local improvement, no approval shall be granted, provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.
f. 
Assessment of properties. Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the Borough may adopt a local Improvement Assessment Ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owner by the Borough. Any assessments for benefits conferred made against the applicant or his successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Borough Treasurer pertaining thereto. The applicant or his successors in interest, shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.
g. 
Credit for work performed. In the event the applicant, with the Borough's consent decides to install and construct the off-tract improvement, or any portion thereof, the certified costs shall be treated as a credit against any future assessment for that particular off-tract improvement, or portion thereof, constructed by the Borough in the same manner as if the subdivider had deposited its apportioned cost with the Borough Treasurer, as provided herein.
h. 
Installation of improvements by applicant.
1. 
At the discretion and option of the Borough and with the consent of the applicant, the Borough may enter into a contract with the applicant, providing for the installation and construction of the off-tract improvements by the applicant upon contribution by the Borough of the remaining unallocated portion of the cost of the off-tract improvement.
2. 
In the event the Borough so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the Borough shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.
i. 
Compliance to design criteria. Should the applicant and the Borough enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, it shall observe all requirements and principles of this chapter in the design of such improvements.
[Ord. No. 04-12 § 21-9.15; Ord. No. 2008-05; Ord. No. 2015-01; Ord. No. 2015-24; Ord. No. 2016-05]
a. 
Subdivisions. The applicant shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
1. 
The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough.
2. 
The subdivision shall conform to the proposals and conditions shown on the Borough's Official Map and Master Plan particularly as they pertain to streets, drainage rights-of-way, school sites, public parks and playgrounds and other public lands.
3. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.
4. 
Grades. Grades of arterial, primary and secondary roads shall be determined by the State or County. Collector streets shall not exceed 8%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1%.
5. 
Intersections.
(a) 
Street intersections shall be laid out as nearly at right angles as possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the right-of-way line with a twenty-five-foot radius curve and at the curbline with a curve having a radius of not less than 35 feet.
(b) 
Jogs. Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(c) 
Intersections shall be rounded at the curbline with the street having the following:
(1) 
All residential streets twenty-five-foot radius.
(2) 
All collector streets thirty-foot radius.
(d) 
Intersections shall be designed with a flat grade wherever practical.
(e) 
The minimum center-line radius, minimum tangent length between reverse curves, and curb radii shall be:
(1) 
Fifty-foot length residential streets.
(2) 
One-hundred-foot length collector street.
(f) 
Sight triangles. Sight triangles shall be in accordance with 1990 AASHTO, "A Policy on Geometric Design of Highways and Street Standards," and based on the speed limits established by the government agency having jurisdiction. Sight triangle easements shall be required and shall include the area on each street corner that is bounded by the line which connects the sight or "connecting" points located on each of the right-of-way lines of the intersection street.
The planting of trees or other plantings, or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements, shall be prohibited; and a public right-of-entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight.
6. 
Trees and shrubbery. See paragraph d below for additional standards.
7. 
No name applied to any street shall duplicate or so nearly resemble the name of any existing street within the Borough as to cause confusion. In the case of a direct extension of an existing street, the same name shall be used unless the Board shall otherwise direct. The Planning Board shall, in writing, refer the names of all streets to the Borough Council for approval in connection with the purposes of this subsection prior to final approval. The Borough Council shall by resolution within 30 days of such referral, give its approval of names submitted or indicate those street names in conflict with any existing street and recommend a change thereof.
8. 
No street shall have a right-of-way width of less than 50 feet and the entire street width shall be graded. Subdivision that adjoin existing streets that do not conform to widths as shown on the Master Plan or widths as required above shall dedicate additional width along one or both sides of said street. Said additional width shall be equal to 1/2 the required street measured from the center line of the street.
9. 
Lot dimensions and area shall not be less than the requirements of the zoning regulations.
10. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
11. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances or where the subdivision indicates that a variance would be required to provide for an average house meeting zoning requirements, the Planning Board may, after adequate investigation withhold approval of such lots.
12. 
Single structures with multiple ownership shall provide facade and roof treatments which are not dissimilar.
13. 
Concrete curbing should be utilized consistently within the business districts of the Borough, including the current B-1, B/R, OB, NB/R, RB-1, RB/SR Zones and any area designated in the future for business use.
Belgian block curbing should be utilized within current residential districts of the Borough, including existing residential zones, and any area designated in the future for residential use; provided, however, concrete curbing should be utilized in those residential areas: (a) where sidewalks directly abut the curbing; or (b) where a proposed project would be adjacent to or within such close proximity to existing concrete curbing that the intended aesthetic or functional goal of using Belgian block curbing would not be achieved.
14. 
No curb cut shall be permitted in any zone which is nearer than 25 feet to intersecting right-of-way lines on any corner lot.
b. 
Site plans. The applicant shall observe the following requirements and principles in the development of a site plan or portion thereof:
1. 
Landscaping. See paragraph d below for standards.
(a) 
Landscaping trees shall be planted at a rate of three trees per 5,000 square feet of lot area.
(b) 
Buffer shrubbery shall be planted at a ratio of 10 shrubs per 5,000 square feet of impervious area.
2. 
A buffer of 15 feet in width shall be reserved along any residential zone. Buffer areas shall include a six foot high solid wooden fence with "good" side facing the residential use. Shrubbery shall be planted along the residential side of the fence so as to soften the appearance of the fence.
3. 
That adequate provision is made for the disposal of stormwater as approved by the Engineer.
4. 
That the location design or construction of any building is not likely to involve risks of traffic congestion, public safety or hazard.
5. 
That the design or construction of any building or use will not be so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property.
6. 
All parts of all yards not used for off-street parking area shall be adequately landscaped, subject to approval by the Planning Board and maintained in good condition.
7. 
All such parking areas shall be used only for the parking of automobiles. No commercial repair work or sales of any kind shall be conducted in any parking area. No sign other than entrance, exit, identification and conditions-of-use signs shall be maintained in any parking area. Nothing herein contained shall be construed to permit any required parking area to be used for the commercial storage of new or used motor vehicles by a new or used car dealer or motor vehicle rental agency.
8. 
All parking areas and structures shall be provided with adequate means of ingress and egress which shall be kept open and unobstructed at all times and which shall be designed to provide service driveways or aisles to meet the following minimum standards:
(a) 
Longitudinal (end to end) parking: twelve-foot width.
(b) 
Thirty degree angle parking: eleven-foot width.
(c) 
Forty-five degree angle parking: thirteen-foot width.
(d) 
Sixty degree angle parking: eighteen-foot width.
(e) 
Ninety degree angle parking (open lot): twenty-four-foot width.
9. 
Any part of any entrance to or exit from any parking area shall be at least 10 feet distance from any abutting property located in any residential zone.
10. 
Any owners of property in the nonresidential zone districts or nonresidential uses may meet the required parking provisions of this chapter by participating in a joint parking program involving two or more nonresidential uses; provided that plans for such a joint program shall have been approved by the Planning Board; and provided further that the area for the parking facilities shall equal the collective parking area requirements of the participating properties to be serviced.
11. 
Within the business districts of the Borough, including the B-1, O-B, NB/R, B/R and RB-1 Districts, curbing will be installed on the perimeter of all parking areas in accordance with the following criteria:
(a) 
Granite block curb adjacent to any nonimpervious surface;
(b) 
Concrete curb (six inches by eight inches by 18 inches 0.4500 psi) adjacent to impervious surface.
Whenever a site plan or subdivision are submitted for a property not having curbs and sidewalks or curbs and sidewalks deemed to be in need of repair, the Land Use Board will require the applicant to install or replace these items upon the recommendation of the Board Engineer.
12. 
All such parking areas shall be used only for the parking of automobiles. No commercial repair work or sales of any kind shall be conducted in any parking areas. No sign other than entrance, exit, identification and conditions of use signs shall be maintained in any parking area. No vehicles with names or logos of the premises shall be parked in the front yard area unless such vehicle is listed as a "sign" and complies with the regulations for signage. Nothing herein contained shall be construed to permit any required parking area to be used for the commercial storage of new or used motor vehicles by a new or used car dealer or motor vehicle rental agency.
13. 
The Planning Board shall consider the effect of any parking area upon traffic safety and abutting properties and shall ascertain that all requirements of this chapter are met.
14. 
Off-street parking facilities shall be located as hereinafter specified in this subsection. Where a distance is specified, it shall be the distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. For all residential buildings regardless of the district in which they may be located, and for all nonresidential buildings in residence zone districts, required parking shall be provided on the same lot with the building unless specifically permitted in this chapter. For all nonresidential uses in nonresidential zone districts, required parking shall be provided within 150 feet of such use.
15. 
Off-street parking is permitted in the front yard in only the I-P and B-1 Zones and in any side or rear yard of all other zones. Nothing contained herein shall be construed to prohibit parking within the driveway in the front yard in any residential zone provided that parking lots within the front yard of any residential zone are specifically prohibited.
16. 
Single structures with multiple ownership shall provide facade and roof treatments which are not dissimilar.
17. 
Concrete curbing should be utilized consistently within the business districts of the Borough, including the current B-1, B/R, OB, NB/R, RB-1, RB/SR Zones and any area designated in the future for business use.
Belgian block curbing should be utilized within current residential districts of the Borough, including existing residential zones, and any area designated in the future for residential use; provided, however, concrete curbing should be utilized in those residential areas: (a) where sidewalks directly abut the curbing; or (b) where a proposed project would be adjacent to or within such close proximity to existing concrete curbing that the intended aesthetic or functional goal of using Belgian block curbing would not be achieved.
18. 
No curb cut shall be permitted in any zone which is nearer than 25 feet to intersecting right-of-way lines on any corner lot.
19. 
The Planning Board shall approve a site plan in any flood plain areas conditioned upon compliance with all State regulations which address the following objectives:
(a) 
The lowest floor level of any proposed structure including basements, if any, will not be reached by the overflow of the Raritan River Middle Brook, or Green Brook.
(b) 
Proper facilities have been or will be provided for the disposal of sewage and of surface water.
(c) 
Any proposed structure, when built, can be occupied without peril to the health or safety of the occupant.
(d) 
Any proposed structure will not impede the flow of surface waters through any swale or other watercourse.
(e) 
All construction materials and utility equipment shall be designed to be resistant to flood damage.
(f) 
Construction methods and practices shall be incorporated to minimize flood damage.
(g) 
All structures shall be designed and anchored to prevent flotation, collapse or lateral movement.
(h) 
All subdivision proposals and other proposed new developments shall be reviewed to assure that all proposals are consistent with the need to minimize flood damage.
(i) 
All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located, elevated and constructed to minimize or eliminate flood damage, and adequate drainage shall be provided so as to reduce exposure to flood hazards. Water supply systems or sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood water into the systems and discharges from the systems into flood water.
(j) 
Within the flood plain area having special flood hazards, the laws and ordinances concerning land use and control and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances, or codes.
c. 
Parking standards.
1. 
Definitions.
(a) 
Parking of vehicles. The keeping of vehicles on any property for a period less than 72 hours.
(b) 
Storage of vehicles. The keeping of vehicles on any property for a period of 72 or more continuous hours.
(c) 
Vehicle definitions:
(1) 
Passenger vehicle. A non-commercial vehicle, such as a car or van, used primarily to transport small numbers of passengers and their possessions.
(2) 
Pleasure truck. Any of the following if not commercially licensed and used primarily for non-commercial purposes:
Pick-up Truck
Van
SUV
(3) 
Work truck. Any truck other than a Pleasure Truck including, without limitation, any of the following:
Pick-up Truck
Van
Box Truck
Rack or Stake Body
Dump Truck
Tractor with or without Trailer
(4) 
Motor home.
Regular van body (conversion van)
Raised-roof van
Self-propelled on large truck chassis
(5) 
Camper/Trailer.
Pop-up
Full-size Trailer (mobile home — towed)
Any trailer that can be towed
(6) 
Boat.
Small Craft (i.e., canoe, row boat, etc.)
Power Craft (on a trailer)
2. 
Required parking for nonresidential uses:
(a) 
Schedule for required parking for nonresidential uses.
Use
Minimum Number of Spaces Required
Assembly hall or auditorium
1 for each 100 square feet of gross floor area or 1 for each 4 seats, whichever is greater
Bank
1 per 300 square feet
Bowling alley
4 for each alley
Child care centers
1 space for each 3 children enrolled
Church, temple or house of worship
1 for each 3 seats or 1 for each 72 inches of seating space when benches rather than seats are used
Club
20 plus 1 additional space for each 200 square feet of gross floor area
College
1 for every 2 students
Community centers
Same as for auditoriums
Continuing care facilities
1 space for each bed
Funeral home or mortuary
5.5 spaces per 1,000 square feet gross floor area
Hospital
1.5 for each bed, plus 1 parking stall for each person on the staff
Industrial
1 per 1,000 square feet of gross floor area
Industrial or manufacturing use
1 for each employee on maximum shift, plus 10% or 1 for each 1,000 square feet of gross floor area
Library
1 per 500 square feet of gross floor area
Manufacturing and assembly operations
1 per 800 square feet of gross floor area
Medical, physician
1 per 200 square feet of gross floor area
Motels and hotels
1 space for each room, plus 1 for each staff member
Offices, dental
1 for each 250 square feet of gross floor area
Nursing homes
0.8 space for every 1 bed
Research laboratory
1 for each employee on maximum shift, plus 10% or 1 for each 250 square feet of gross floor area
Restaurant
1 for each 3 seats devoted to service
Retail store, business services and personal services (5 or less tenants)
1 per 250 square feet of gross floor area
Schools
1 per 250 square feet of gross floor area
Senior housing
0.75 space for each bedroom
Service station
3 parking spaces for each bay, plus 1 for each service vehicle
Shopping centers:
10-25 acres
6 spaces per 1,000 square feet of gross floor area
25-50 acres
5.5 spaces per 1,000 square feet of gross floor area
Above 50 acres
5.3 spaces per 1,000 square feet of gross floor area
Storage warehouse
1 for each 750 square feet of gross floor area
Theaters
1 space for each seats
Warehouse
1 per 5,000 square feet of gross floor area and 1 per 250 square feet of gross floor area related offices
Wholesale store, motor vehicle establishment or furniture store
1 for each 500 square feet of gross floor area, plus 1 for each employee on maximum shift
(b) 
Off-street Loading and Unloading Spaces. In all zone districts, for every building or part thereof, hereafter erected, which is to be occupied for manufacturing, storage, display of goods, a retail store, wholesale store or warehouse, market, hospital for humans, laundry, dry cleaning establishment, or other use similarly requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such use one off-street loading space which shall be at least 12 feet wide, 40 feet long and have a fourteen-foot overhead clearance. A loading space shall only be permitted in a side or rear yard and no part of such space shall be nearer than five feet to any side or rear property line. A loading space may be located in the required off-street parking area provided the area is the same premise with the use.
3. 
Residential use.
(a) 
Required parking in residential zones. In all residential zone districts, off-street parking shall be furnished for all new buildings or additions to buildings at the ratio in this subsection. Any permitted nonresidential use which is on the same lot with a permitted residential use shall be provided with off-street parking for each of the uses and the computation for each use shall be made separately and cumulatively. Fraction of a space shall be rounded upward.
Housing Unit Type/Sizea
Off-Street Parking Requirements
(spaces per dwelling unit)
Single-family detached
2 bedroom
1.5
3 bedroom
2.0
4 bedroom
2.5b
5 bedroom
3.0
Apartment
1 bedroom
1.8
2 bedroom
2.0b
3 bedroom
2.1
Townhouse
1 bedroom
1.8
2 bedroom
2.3b
3 bedroom
2.4
High Rise
1 bedroom
0.8
2 bedroom
1.3b
3 bedroom
1.9
Notes:
When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.
a
Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking.
b
If applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.
(b) 
Off-street parking in residential areas.
(1) 
The purpose of this section is to regulate vehicles parked or stored in residential areas. Vehicles must comply with this section upon adoption.
(2) 
Vehicles authorized to be parked or stored in a residential zone (R-1, R-1.1, R-2, R-3, R-4, R-4.1 and R-6) are limited to the following:
(i) 
Passenger Vehicles.
(ii) 
Pleasure Trucks.
(iii) 
Any commercial pick-up truck or van provided, however, that its weight and dimensions do not exceed 14,000 lbs. gross vehicle weight, 224.10 inches in length (bumper to bumper), or 84.3 inches in height.
(3) 
Parking or storage of vehicles, other than those authorized, is not permitted in residential zones.
(4) 
Authorized vehicles parked or stored in residential zones must be registered, displaying a current, valid State license plate. Vehicles must be insured as required by law.
(5) 
Authorized vehicles shall not be parked or stored in the front yard of any premises, except on driveways and parking areas constructed and installed in compliance with applicable Borough ordinances, nor shall they be parked or stored less than three feet from the interior front sidewalk line adjacent to said premises.
(6) 
Vehicles other than authorized vehicles must be stored within a garage. The location of this garage must comply with the requirements of this chapter.
4. 
Parking improvement exemptions. If any applicant can clearly demonstrate to the Planning Board that, because of the nature of the operation or use, the parking requirements of this chapter are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking area than is required by this chapter; provided, however, that a landscaped area of sufficient size to meet the requirements of this chapter shall be set aside and reserved for the purposes of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking space necessary. Anything in this subsection to the contrary notwithstanding, no certificate of occupancy shall be valid except for the particular use for which it was issued and any change on any premises previously improved under this subsection shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the Planning Board.
5. 
All parts of any yards not used for off-street parking areas shall be adequately landscaped, subject to approval by the Planning Board, and maintained in good condition.
d. 
Landscaping plan.
1. 
Tree removal and planting plan (Landscaping Plan) shall be filed with the applicable Board with every application for a minor or major subdivision, application for re-subdivision, site plan, or prior to any other development application requiring Board approval and involving tree removal or tree planting. The applicant shall give a copy of the landscaping plan to the Bound Brook Borough Shade Tree Commission for advice to the Board.
Tree removal is defined as removal of all or part of any existing mature tree or regrading within the dripline area. Mature tree is defined as any woody perennial plant of five inch caliper or greater (measured at one foot above the ground) which is not dead, or 3 1/2 inch caliper for coniferous trees.
2. 
The tree plan shall be incorporated into a site map showing the following:
(a) 
Scale and north arrow;
(b) 
Location of all existing and proposed buildings and improvements;
(c) 
Proposed grading changes;
(d) 
Location of all existing mature trees on the site, and the size and species of each. Site map must also show mature trees on adjacent lots, if those trees are within 10 feet of the property line between the two lots;
(e) 
Which trees will be removed;
(f) 
Where replacement trees will be planted, and the size and species of each.
3. 
With the exception of the building footprint for the principal structure(s) and a twenty-foot margin around the principal structure(s), all reasonable and practicable efforts shall be made to preserve existing mature trees on the site. Planned driveway(s), walkways, garage and all other accessory structures should be located so as to allow for the preservation of the greatest number of existing mature trees on the site, with the greatest priority given to preserving very large, unique, or "specimen" trees.
4. 
Grading shall be avoided within the dripline of any tree that is to be preserved, including trees on adjacent property if the dripline of those trees extends into the applicant's property. If a tree is of a species or type that will eventually perish due to root disturbance or change in drainage, the tree may be removed, but must be replaced according to this chapter. In the event that tree removal is requested and the Board believes some may be preserved, the applicant shall provide expert opinion from a licensed landscape architect who will address any viability of maintaining such trees.
5. 
Trees shall not be removed from an area within 25 feet of the edge of any stream, including seasonal or intermittent streams.
6. 
Landscaping trees (trees to be planted within the property) shall be planted at a rate of three trees per 5,000 square feet of lot area. Species shall be selected from the Deciduous Shade Tree List. At least 50% of all these species shall be selected from the Shade Trees list and the balance shall be selected from the Landscaping Trees list.
7. 
Shrubbery shall be planted at a ratio of 10 shrubs per 5,000 square feet of impervious area. Shrubbery shall be taken from the Evergreen Species list.
When commercial, office or industrial zones abut residential zones, evergreen buffer areas are required between these differing uses.
Variety. Variety is required to prevent the future die-out of large numbers of evergreens, in case a disease kills off a particular tree species. Species shall be selected from the list of Evergreen Species -
Larger Sized.
Spacing. Depending on the width of the buffer, evergreens shall be planted in double rows in a zigzag fashion along the buffer line.
Long Distances of Evergreens Along a Buffer Line: two or more species should be provided.
When evergreens are placed along distances of greater than 100 feet of a buffer line, two or more species or cultivars of evergreens shall be provided.
Short Distances of Evergreens Along a Buffer Line: one or two species should be provided.
When evergreens are being placed distances of less than 100 feet along a buffer line, one or two species or cultivars of evergreens shall be provided.
8. 
In addition, foundation landscaping (located within five feet of the foundation) shall be provided at a rate of 10 shrubs per 20 feet linear feet of foundation. Species shall be selected from the Foundation Planting list.
9. 
The branches of all trees projecting beyond any street right-of-way line must be trimmed at all times to insure unobstructed vision and clearance six feet above ground at the sidewalk level.
10. 
In the case of buildings or clusters of buildings on lots greater than 1/2 acre, additional trees at one per 1,000 square feet of impervious cover shall be planted by the applicant. Trees may be clustered or otherwise arranged, as recommended by the Shade Tree Commission, but the required additional trees should be from the Shade Tree list and should be located in a manner that will provide shade for sidewalks or other pedestrian areas.
(a) 
For all residential, commercial or other construction in the Borough, the applicant shall plant species selected from the Borough's Deciduous Shade Tree list, minimum size 2 to 2 1/2 inch caliper, minimum height 12 feet, for every 50 feet of street frontage or as adjusted based upon site conditions.
(b) 
Where practical, street tree(s) shall be planted between the sidewalk and the structure, no closer than 20 feet apart, within three to six feet of the sidewalk, whether or not this area is within the public right-of-way.
11. 
Provisions for parking lots.
(a) 
In addition to required plantings noted above in parking lots having more than two rows or more than 30 spaces, additional landscape trees shall be planted in tree island(s) at the rate of one tree per 30 spaces. Multiple trees may be planted on an island, but trees must be located at a minimum of three feet from the edge of the island.
(b) 
In addition, there shall be one shrub planted for each parking stall as otherwise required.
12. 
The Construction Official and Borough Engineer shall monitor the construction sites to insure that trees are adequately protected and shall enforce the Borough's requirements for tree protection during construction.
13. 
Standards and Requirements for Tree Protection During Construction, Demolition, Grading, or Soil Removal.
(a) 
Before clearing, demolition or construction work of any kind is begun on a site, temporary fencing, a minimum of four feet in height, shall be installed around all trees or clusters of trees that are to be preserved according to the approved tree plan, including street trees in the public right-of-way, and trees on adjacent property if they are within 10 feet of the common property line, or if the dripline of those trees extends into the applicant's property. The required temporary fencing shall be installed at the dripline or at a 10 feet radius from the trunk, whichever is greater.
(b) 
No soil or other materials shall be stored within the protected area. No equipment shall be operated or cleaned within the protected area. No chemicals, fuel, oil or other foreign materials may be deposited onto the ground in the protected area.
(c) 
If the Borough Engineer agrees that constraints in a particular area(s) of a site make it necessary to operate equipment within the dripline of a tree that is to be protected, the trunk of the tree must be protected with metal sheathing, and the ground area within the dripline must be covered with metal plates before equipment is operated there.
(d) 
No signs or other materials shall be affixed to trees in any manner. No nails, screws or other intrusive fasteners shall be used on a tree.
14. 
Trees damaged after approval.
(a) 
Any tree designated on the tree site plan as a tree to be preserved that is determined by the Construction Code Official, Borough Engineer, or Shade Tree Commission to have been damaged in any manner during demolition, construction, grading, or landscaping activities, including trees likely to die because of root disturbance or changes in drainage, shall be replaced by the builder and planted at locations agreed upon by the Planning Board, according to the following formula:
Tree 5" to 10" caliper
Replaced with two 3" to 3 1/2" caliper trees
Tree 11" to 20" caliper
Replaced with four 3" to 3 1/2" caliper trees
Tree over to 20" caliper
Replaced with six 3" to 3 1/2" caliper trees
(1) 
If the Planning Board agrees that the site cannot accommodate the required number of replacement trees, the applicant shall contribute the excess trees to the Borough of Bound Brook. The donation season, species number, and planting locations of the donated trees shall be determined by the Planning Board upon advice of the Shade Tree Commission.
15. 
Recommended tree species and selection and planting criteria.
(a) 
Trees must be straight, balled and burlapped, nursery-grown, free of all wounds or other damage, and meeting ANLA (American Nursery and Landscape Association) standards.
(b) 
Plant a variety of trees and shrubs; avoid local or site monoculture (that is, overuse of one species or type of tree in a given site, street or area).
(c) 
Plant all trees according to ANLA standards. Staking shall be used in high-risk areas (i.e. heavy pedestrian, equipment or parking areas where there is a high risk that pedestrians or vehicles will damage small trees).
(d) 
Trees shall not be planted near obstructions such as overhangs, telephone poles, utility pipes and fire hydrants. Trees designated for under wire use in the latest edition of Trees for New Jersey Streets, a publication of the New Jersey Shade Tree Federation, Blake Hall, 93 Lipman Drive, New Brunswick, New Jersey 08901, www.njstf.org, may be planted under electric utilities. Only the subset of trees meeting the site's planting strip width constraint and overhead power line constraints are acceptable.
Acceptable Species and Cultivars of Deciduous Shade Trees
Acceptable species and cultivars of major, deciduous shade trees shall include:
Ash (Crown width of Ash is generally similar to height)
Newport Ash (Fraxinus Ianceolata Newport - 50'-60' h)
Greenspire Brand American Ash (Fraxinus americana Greenspire - 60'-70' h)
Autumn Purple Ash, seedless (Fraxinus americana Rosehill - 60'-70' h)
Patmore Ash (Fraxinus americana Patmore - 50'-60' h)
Summit Ash (Fraxinus americana Summit - 50'-60'h)
White Ash Fraxinus americana
Linden (Crown width is generally about 1/2 to 2/3 height)
Greenspire Littleleaf Linden (Tulia Cordata Greenspire - 60'-70' h)
Green Mountain Silver Linden (Tilia tomentosa Green Mountain - 50'-60' h)
Crimean Linden (Tilia euchlora - 40'-60' h)
Redmont Linden (Tilia americana Redmont - 65'-75' h)
Locust
Thornless Honey Locust (Gleditsia triacanthos) in downtown historic district only — not in parking lots
Maples (Crown width is generally slightly less than or equal to height)
Red or Scarlet Maple (Acer rubrum - 50'-75' h)
Red Sunset Maple (Acer rubrum Red Sunset Maple - 50'-60' h)
*Sugar Maple (Acer saccharum - 50'-75' h, width 2/3's
*Green Mountain Sugar Maple (Acer saccharum Green Mountain - 50'-75' h)
*Bonfire Sugar Maple (Acer saccharum "Bonfire," - 50'-70' h)
Oak (Crown width is generally comparable to or slightly greater than height)
Northern Red Oak (Quercus borealis [rubrum] - 75'-95' h,
White Oak (Quercus alba - 80'-90' h, 50'-80' spread)
Sawtooth Oak (Quercus acutissima - 75'-90' h)
Scarlet Oak (Quercus coccinea - 75'-90' h)
Shingle Oak (Quercus imbricaria - 65'-75' h)
Shumard Oak (Quercus shumardii - 75'-90' h)
**Pin Oak
(Quercus palustris - 75'-100' h)
Because of its low-branching effect, which ultimately become dead branches, pin oaks do not make good shade trees around parking lots.
Also known as Swamp Oaks, Pin Oaks like wet soils and are excellent candidates for planting along wetland borders, stream corridors, etc., or within lawn areas.
**Willow Oak
(Quercus phellos - 50'-70'h)
These have similar characteristics to Pin Oaks.
Zelkova (Crown width is generally equal to height)
The Zelkova is similar to our native Elm and thrives in urban settings.
Green Vase Zelkova (Zelkova serrata Green Vase - 60'-70' h)
Japanese Zelkova (Zelkova serrata - 50'-60' h)
Village Green Zelkova (Zelkova serrata Village Green - 50'-60' h)
Ohio Lacebark Elm, Ulmus parvifolia "Ohio"
Hackberry, Celtis spp.
Kentucky coffeetree Gymnocladus dioicus
Ginkgo Ginkgo biloba (male only)
Blackgum Nyssa sylvatica
NOTES:
*Not acceptable for parking lot use
**All not acceptable for parking lot use
Non-Acceptable Species of Deciduous Shade Trees
Pear
Bradford Callery Pear (Pyrus calleryana Bradford - 25'-35' h)
Capital Pear (Pyrus calleryana Capital - 35'-40' h)
Redspire Pear (Pyrus calleryana Redspire - 30'-35' h)
Whitehouse Pear (Pyrusi calleryana Whitehouse - 30'-35' h)
Honeylocust
All forms of Thornless Honeylocusts, such as Gleditsia triacanthos inermis Shademaster — 60'-70' h)
Marshall's Seedless Ash
No longer "seedless." This tree now appears to be producing seeds.
Norway Maple
(Acer platanoides)
The roots of the Norway Maple (regular or columnar) grow near the surface and can uproot sidewalks. Invasive, non-native.
Silver Maple
Similar to Norway Maple. Silver Maples are susceptible to various insects and diseases. The tree has very weak branches.
Sycamore
(Platanus acerifolia orientalis - 70'-80' h)
Also known as the London Planetree, Sycamores do not make good shade trees since they provide only light shade and drop large seed pods.
Acceptable Varieties of Landscaping Trees
Cherry
Accolade Flowering Cherry (Prunus Accolade - 30'-40' h)
Sargent Cherry (Prunus sargenti - 30'-40' h)
Columnar Sargent Cherry (Prunus sargenti columnaris - 30'-40'h)
High branched or tree form Kwanzan Cherry (Prunus serrulata Kwanzan - 30'-35' h)
Rosy Cloud Cherry (Prunus serrulata Rosy Cloud - 20'-25' h)
Canada Red Cherry (Prunus virginiana Shubert - 20'-25' h)
Yoshino Cherry (Prunus yedoensis - 30'-35' h)
Crabapple
Siberian Crab (Malus baccata - 20'-25' h)
Columnar Siberian Crab (Malus baccata columnaris - 22'-25' h)
Radiant Crab (Malus radiant - 12'-15' h)
Maples
Hedge Maple (Acer campestre - 20'-25' h)
Amur Maple (Acer ginnala - 20'-25' h)
Tatarian Maple, Acer tataricum (tree form)
Shadblow (Serviceberry)
Pink Shadblow (Amelanchier Robin Hill Pink - 20'-30' h)
Cumulus Shadblow (Amelanchier Hybrida "Cumulus" - 20'-30' h)
Scholartree (Crown width is generally comparable to height)
Also called Pagodatree
Chinese Scholartree (Sophora japonica - 30'-40' h)
Princeton Upright Scholartree (Sophora japonica Princeton Upright - 40'-50' h)
Regent Brand Scholartree (Sophora japonica Regent - 40'-50' h)
Tree Lilac
Japanese Tree Lilac (Syringa amurensis japonica - 25'-30' h)
Regent Brand Japanese Tree Lilac (Syringa amurensis japonica Regent - 25'-30' h)
Ivory Silk Tree Lilac (Syringa amurensis japonica Ivory Silk - 20'-25' h)
Flowering crabapple (Malus spp.)
Flowering dogwood (Cornus florida)
Thornless honey locust (Gleditsia triacanthos)
Beech (Fagus grandifolia)
European hornbeam (tree form) (Carpinus betulus)
Green ash (Fraxinus pennsylvania)
Hawthorn (Crataegus sp)
London plane tree (Platanus x. acerifolia)
Paper birch (Betula papyrifera)
Yellow popular (Liriodendron tulipifera)
Eastern redbud (Cercis canadensis)
River birch (Betula nigra)
Sugar maple (Acer saccharum)
Serviceberry (Amelanchier canadensis)
Sweetgum (seeded or seedless) (Liquidambar styraciflua)
Tulip poplar (Liriodendron tulipifera)
Weeping willow (Salix babylonica) (to be used only in areas adjacent to surface waters)
Acceptable Varieties of Evergreen Species (Shrubs)
Evergreen Species, Larger-sized
Cypress
Leyland Cypress (Cupressocyparis leylandii - 60'-70' h)
Douglas Fir
(Pseudo.tsuga taxifolia (douglasi) - 70'-80' h)
Spruce
Norway Spruce (Picea excelsa [abies] - 80'-100' h)
Colorado Spruce (Picea pungens - 60'-80' h)
Colorado Blue Spruce (Pica pungens glauca - 60'-70' h)
White Fir
(Abies concolor - 50'-70' h)
Evergreen Species Medium-Sized
Arborvitae
Dark American Arborvitae (Thuja occidentalis nigra - 25'-40' h)
Cypress
False Cypress (Chamaecyparis pisifera)
Blue False Cypress (Chamaecyparis pisiferea veitchi - 22'-25' h)
Lawson False Cypress (Chamaecyparis lawsonia - 18' h)
Eastern Redcedar
(Juniperus virginiana - 35'-40' h)
Princeton Sentry Brand redcedar (Juniperus virginiana Princeton Sentry - 25'-30' h)
Skyrocket Juniper (Juniperus virginiana Skyrocket - 35'-40' h)
Juniper
Blue Columnar Chinese Juniper (Juniperus chinensis columnaris [pyramidalis] - 15'-20' h)
Eastern Redcedar (Juniperus virginiana - 35'-40' h)
Princeton Sentry Brand Redcedar (Juniperus virginiana Princeton Sentry - 25'-30' h)
Skyrocket Juniper (Juniperus virginiana Skyrocket - 35'-40' h)
Yew
Upright Japanese Yew (Taxus cuspidata capitata - 25'-40' h)
Hicks Yew (Taxus media hicksi - 10'-12' h)
Hoshino Cryptomeria
(Cryptomeria japonica Yoshino - 30'-40' h)
Non-Acceptable Evergreen Species
Austrian Pine
(Pinus nigra - 60'-70' h)
The Austrian Pine is unacceptable because it is succumbing to the fungus Diplodia.
Hemlock
Canadian Hemlock (Tsuga canadensis - 75'-90' h)
The Hemlock is now subject to disease.
Japanese Black Pine
Issues similar to Austrian Pines prohibit use of this evergreen species.
White Pine
(Pinus strobus - 80'-100'h)
White pines lose all their lower branches in time and thus provide no screening, are overused in landscape plans and are subject to inspect-fungus infestations which require annual maintenance.
Foundation Plantings
A variety of low-growing evergreen plantings shall be planted in front of all commercial, office and industrial buildings, churches, schools, other public institutions and the like. Foundation plantings should be located around all sides of a building which face a street or parking lot, within five feet of the building.
Foundation plantings shall include low-growing evergreen, shrubs and, if desired, ground covers (which can also be used under signs with approval of the Board).
Acceptable Varieties of Foundation Evergreen Species
Azalea
Azalea Hybrids (Azalea Blaauw's Pink (Kurume)
Azalea Delaware Valley White (Kurume)
Azalea Herbert (Gable)
Azalea Hino-Crimson (Obtusum)
Azalea Mother's Day (Kurume)
Azalea Stewartstonian (Gable)
Korean Azalea (Azalea poukhanensis - 3'-4' h)
Andromeda
Japanese Andromeda (Pieris japonica - 5'-6' h)
Cypress
Hinoki Cypress (Chamaecyparis obtusa Gracilis)
Golden Hinoki Cypress (Chamaecyparis obtusa Crippsi - 8'-10'h)
Dwarf Hinoki Cypress (Chamaecyparis obtusa Gracilis nana - 2 1/2'-4' h)
Dwarf Golden False Cypress (Chamaecyparis pisifera filifera aurea nana - 4'-5' h)
Holly
Compact Japanese Holly (Ilex crenata compacta - 4'-5' h)
Dwarf Japanese Holly (Ilex crenata helleri - 2'-3'h)
Hetz Holly (Ilex crenata hetzi - 4'-5' h)
Inkberry (Ilex glabra - 5'-6' h)
Compact Inkberry (Ilex crenata compacta - 3'-4' h)
Harvest Red Winterberry (Ilex verticillata Harvest Red - 6'-8' h)
Junipers
Hetz Blue Juniper (Juniperus chinensis glauca hetzi - 5'-7' h)
Compact Pfitzer Juniper (Juniperus chinensis pfitzeriana compacta -3'-4' h)
Torulosa Juniper (Juniperus chinensis Torulosa - 10'-12' h)
Leatherleaf Mahonia
(Mahonia bealei - 6'-8' h)
Mountain Laurel
(Kalmia latifolia - 5'-6' h)
Mugho Pine
(Pinus montana mughus - 3'-4'h)
Rhododendron
P.J.M. Rhododendron (Rhododendron P.J.M. - 4'-5'h)
For sunny areas: any hybrid Rhododendron.
For shady areas: any native Rhododendron, such as:
Rhododendron Maximum (Rhododendron Maximum)
Spruce
Birdnest Spruce (Picea excelsa nidiformis - 2'-3' h)
Dwarf Alberta Spruce (Picea glauca conica - 4'-6' h)
Yew
Spreading English Yew (Taxus baccata repandens - 2'-3'h)
Dense Yew (Taxus cuspidata densiformis - 6'-8'h)
Dwarf Japanese Yew (Taxus cuspidata nana [brevifolial] - 4'-5'h)
Hatfield Yew (Taxus media hatfieldi - 8'-10' h)
Hicks yew (Taxus media hicksi - 8'-10' h)
Acceptable Varieties of Ground Covers
Junipers
Sargent Juniper (Juniperus Chinensis sargenti - 1 1/2"-2"h)
Bar Harbor Juniper (Juniperus horizontalis Bar Harbor - 6"-12"h)
Andorra Juniper (Juniperus horizontalis plumosa [depressa plumosa] - 1"-1 1/2"h)
Blue Rug Juniper (Juniperus horizontalis wiltoni - 3"-6" h)
Pachysandra
Japanese Spurge (Pachysandra terminalis - 6"-8" h)
Periwinkle or Myrtle
(Vinca minor - 6"-8" h)
Shademaster Brand Myrtle (Vinca minor Shademaster - 6"-8" h)
e. 
Lighting plan. All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for non-glare lights focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall be a maximum of 2.0 footcandles at intersections and 1.0 footcandle elsewhere in the area to be illuminated, except for the illumination along common property lines shared with a residential use. At these locations, a maximum of 0.25 footcandle shall be maintained. Lighting shall be provided by fixtures with a mounting height not more than 20 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source, spaced a distance not to exceed five times the mounting height.
Any outdoor lighting such as building, sidewalk and driveway illumination, lighting of signs, and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision.
Wherever electric utility installations are required, the applicant shall provide for underground service for lighting. All street lighting shall be shielded against direct light or glare.
[Ord. No. 04-12 § 21-9.16]
a. 
General requirements.
The regulations and standards set forth in this section shall be considered minimum requirements with regard to subdivision and site plan applications and any deliberations and actions taken by the Planning Board under the terms of this section shall give prime consideration to the health, safety and welfare of the entire community.
However, the Planning Board, when acting upon an application for preliminary or minor subdivision approval or an application for preliminary or minor site plan approval, shall have the power to grant such deviation relief from the applicable regulations and standards of this section and it may deem reasonable within the general purpose and intent of the regulations and standards established under this section, provided that no such deviation relief shall be granted unless the Planning Board, after considering the applicant's petition for relief and supporting proofs, finds (1) that the literal enforcement of one or more of the provisions of this section, in the applicant's particular case, is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land which is the subject to the application and petition, and (2) that the granting of the requested deviation relief will not be detrimental to the public health, safety and welfare of the community nor injurious to property in the area in which the premises are located.
An applicant who seeks any such deviation relief shall submit the Planning Board, at the time the application is made, a written petition for relief which shall fully set forth the nature of the deviation relief requested and the pertinent facts upon which the applicant will rely to establish the foregoing criteria.
The petition thereafter shall be considered by the Planning Board with applicant's accompanying application for subdivision or site plan approval at a public hearing held in accordance with the provisions of § 21-6 hereof. No application for deviation relief shall be signed as approved by the Planning Board Chairman, Secretary or Borough Engineer until it has received the County Planning Board's approval report with respect to the subject subdivision or site plan application.
b. 
Waiver of site plan. See § 21-9.12e., Waiver of Site Plan.
[Ord. No. 04-12 § 21-9.17]
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, such person shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the Borough may institute and maintain a civil action:
a. 
For injunctive relief; and
b. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 44 of P.L. 1975, Chapter 291.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
[Ord. No. 04-12 § 21-9.18]
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), may apply in writing to the administrative officer of the Borough, for the issuance of a certificate certifying whether or not subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
The administrative officer shall make and issue or deny such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered including a statement of the fee charged, in a binder as a permanent record of his office.
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
a. 
Whether there exists in the Borough of Bound Brook a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use law (N.J.S.A. 40:55D-1 et seq.).
b. 
Whether the subdivision, as it relates to the land shown on said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
c. 
Whether such subdivision, if the same has not been approved, is exempt from the requirement of approval as provided in this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). The administrative officer shall receive for such certificate issued by him/her a fee not in excess of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15 and pursuant to this chapter. The fees so collected by such official shall be paid by him/her to the Borough of Bound Brook.
[Ord. No. 04-12 § 21-10.1; Ord. No. 2008-05; Ord. No. 2013-14; Ord. No. 2014-06]
a. 
Zone districts. For the purpose of this chapter, the Borough of Bound Brook is hereby divided into zone districts known as:
R-1
Single-Family Residence District
R-1.1
Single-Family Residence District
R-2
Single-Family Residence District
R-3
Single-Family Residence District
R-4
One- and Two-Family Residence District
R-4.1
One-Family Residence District
NB/R
Neighborhood Business/Residential
R-6
Multiple Family Residence District
O-B
Office Building District
B-1
General Business District
B/R
Business/Residential District
I-P
Industrial Park District
RB/SR
Regional Business/Senior Residential District
RB-1
Regional Business One District
Redevelopment Overlay District
ACD
Arts and Cultural District
b. 
Flood plain areas. Portions of certain of the foregoing zone districts are further included in flood plain areas, which flood plain areas shall be as shown on a certain map drawn by the Department of Housing and Urban Development, Federal Insurance Administration Flood Boundary Maps No. H-34-035-0380-01-02, dated July 13, 1973.
c. 
Map and schedule.[1] The Zoning Map dated March 2003 delineating the above districts and the Schedule of Requirements summarizing the required conditions for each district printed thereon are hereby declared to be a part of this chapter by reference. The zone district boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad rights-of-way, and the line, as indicated on the zone map. Where a zone district boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line is indicated on the zone map by means of figures expressing distance in feet from a street right-of-way or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone district boundary line, the determination thereof shall lie with the Board of Adjustment.
[1]
Editor's Note: The Zoning Map can be found on file in the Office of the Municipal Clerk. See Subsection 21-10.26, Schedule of Zoning Requirements in this chapter.
d. 
Zoning map amendments.
1. 
Pursuant to Ord. No. 2014-06:
(a) 
The following properties known as Block 7, Lots 21, 22, 23, 24 and 25 on the official tax map of the Borough of Bound Brook, currently zoned R-4 One and Two-Family Residence District, are hereby rezoned to B/R Business/Residential District and that the Official Zoning Map of the Borough of Bound Brook authorized pursuant to § 21-10.1 is hereby amended to provide that the properties listed herein shall be shown as part of the B/R Business/Residential District.
(b) 
The following property known as Block 13, Lot 12.01 on the official tax map of the Borough of Bound Brook, currently zoned R-6 Multiple Family Residence District, is hereby rezoned to B/R Business/Residential District and that the Official Zoning Map of the Borough of Bound Brook authorized pursuant to § 21-10.1 is hereby amended to provide that the properties listed herein shall be shown as part of the B/R Business/Residential District.
(c) 
The following properties known as Block 5, Lots 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26 and 26A, currently zoned NB/R Neighborhood Business/Residential District, are hereby rezoned to B/R Business/Residential District and that the Official Zoning Map of the Borough of Bound Brook authorized pursuant to § 21-10.1 is hereby amended to provide that the properties listed herein shall be shown as part of the B/R Business/Residential District.
(d) 
Pursuant to N.J.S.A. 40:55D-26, on June 12, 2014, the Borough of Bound Brook Planning Board reviewed the Ordinance amending and supplementing § 21-10.15 B/R Business/Residential District of Chapter 21, Land Use of the Revised General Ordinance of the Borough of Bound Brook and the rezoning of the properties identified in Sections 3, 4 and 5 of this Ordinance, and identified no inconsistencies with the Borough of Bound Brook Master Plan.
[Ord. No. 04-12 § 21-10.2; Ord. No. 07-03; Ord. No. 2012-10]
Each of the paragraphs and provisions of this subsection shall apply to all zone districts unless otherwise stated.
a. 
Zoning Affects All Structures, Buildings and Land and the Uses Thereof. No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the zone district in which such land, premises, building or structure is located. Any use, building or structure authorized by variance shall be required to conform to all bulk standards and other requirements of the applicable zone.
b. 
Construction permits and plans, zoning permits and certificates of occupancy. No construction permit and no certificate of occupancy shall be issued by the Construction Official except upon application therefor in conformity with all the provisions of Subsection 21-10.6 of this section. No zoning permit shall be issued by the Zoning Officer except upon application therefor in conformity with Subsection 21-10.6. No sign erection permit shall be issued by the Construction Official except upon application therefor in conformity with the terms of Subsection 21-10.5 of this section.
c. 
Subdivision of lot. Whenever a new lot or lots is, or are, formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to violate any of the requirements of this chapter and shall be in accordance with § 21-9.
d. 
Yards. There shall be provided for every lot front, rear and side yards as required in the zone district in which the lot is located. All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located; provided, however, that on streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet, and further provided, that any lot which abuts a street with a proposed right-of-way greater than 50 feet in width as shown on the Master Plan for Streets of the Borough of Bound Brook, adopted pursuant to N.J.S.A. 40:55D-28, shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on the Master Plan.
No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one building may, by reason of change of ownership or any other reason be counted or included in order to comply with the yard, court or other open space requirement of any other building.
e. 
Accessory buildings or structures. No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
The following requirements shall be met in all zones:
1. 
No accessory building or structure shall have a ground area greater than the ground area of the principal building or structure on the same lot.
2. 
No accessory building or structure shall exceed the height of 1 1/2 stories or 18 feet, whichever results in the lesser height.
3. 
No accessory building or structure shall be permitted in any front yard unless otherwise regulated in this chapter. Accessory structures shall be at least three feet from any property line. The setback for accessory structures of less than 100 square feet shall be three feet from the property line, unless the yard is fenced in, in which case the setback shall be one foot from the property line.
4. 
All accessory buildings shall be located at least 10 feet from any principal building situated on the same lot.
5. 
Accessory buildings or structures may be built within any side or rear yard if the distance from any accessory building to the property line of the lot is equal to or greater than the height of the building or structure.
6. 
Accessory buildings or structures on corner lots shall not be erected nearer to any street right-of-way line than the front yard setback required on the lot adjacent to the rear lot line of the lot upon which the accessory building is located.
7. 
Garages in residential zones. A garage as an accessory use may be conducted on a single lot in any residential zone district.
(a) 
Boats, house trailers, campers/motor homes, travel trailers, or other trailers measuring more than 24 feet must be in an enclosed garage. Anything measuring 24 feet or less shall be stored in a driveway at the rear or side yard as outlined in Section 21-10.2k, Outdoor storage.
[Amended 11-14-2017 by Ord. No. 2017-31]
(b) 
Garages should not be rented to a non-tenant.
(c) 
Garages in residential zones shall not be used for business purposes.
f. 
Second principal building or structure on same lot prohibited. No lot shall contain more than one principal building or structure, except as permitted and regulated in this chapter.
g. 
Required area or space. No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this chapter. No lot, yard, parking areas or other open space which is already less than the minimum required under this chapter shall be further reduced in area or dimension.
h. 
Any use which is not specifically permitted is a prohibited use.
i. 
Corner lots. All corner lots shall meet the front yard requirements for the front yard for each yard abutting a street.
j. 
Nature and extent of uses of land. The control and regulation of the uses of buildings and structure by this chapter shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.
k. 
Outdoor storage.
[Amended 11-14-2017 by Ord. No. 2017-31]
1. 
Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones. In all cases, any storage in the side yard area must be at least 10 feet from the property line or in accordance with side and rear yard setbacks, whichever is greater.
2. 
In all nonresidential zones and for all nonresidential uses, outdoor storage is only permitted in the side and rear yards as herein regulated. No article, equipment, vehicle, supplies or materials shall be kept, stored or displayed outside the confines of any building unless and until the same are screened by special planting or fencing, as approved by the Planning Board, and maintained in good condition, so that they shall not be visible from any adjacent property or public street.
3. 
Where retail sales of new or used motor vehicles is permitted, the storage or display of such vehicles shall be screened from the street and abutting properties. Screening shall be by a solid six-foot-high fence along side and rear property lines and shall be by a landscaped planting (maintained by thirty-inch height) in the front yard area.
4. 
In all residential zones, the outdoor storage of boats, house trailers, campers/motor homes, travel trailers, or other trailers measuring over 24 feet is prohibited. The outdoor storage of boats, house trailers, campers, travel trailers, or other trailers measuring 24 feet or less shall be limited to no more than one total unit (boat or house trailer or camper or travel trailer, or other trailer measuring 24 feet or less) per property and must be stored in a driveway at the rear or side yard.
(a) 
No boat, house trailer, camper/motor home, travel trailer, or other trailer shall be located (stored) within the setback area of an abutting dwelling as reflected in this chapter.
(b) 
Boats as described in this section and open trailers stored outside must be covered. Covers must be in good condition with no holes and properly secured.
(c) 
All trailers, campers/motor homes, travel trailers, or other trailers as described in this section must be registered and in good condition.
5. 
Outdoor storage/cargo (aka shipping containers) containers are prohibited in all zoning districts.
6. 
A "PCPSF" portable containerized property storage facility or unit shall be permitted in all zones, provided:
(a) 
The unit is registered with the Borough Code Enforcement Department. The property owner must provide: unit information; length, width and height of unit; location on property; date of delivery; and date of anticipated removal. The anticipated removal date is not to exceed 90 days. Renewal of registration may be permitted by the Code Enforcement Officer. A registration fee of $25 is payable to the Borough of Bound Brook.
(b) 
Location. No PCPFS shall be located within the setback area of an abutting dwelling as reflected in this chapter.
(c) 
Time and unit limit. No more than one PCPFS shall be located on specific residential premises and for period not to exceed 90 days from the date of delivery.
(d) 
Other requirements. The following requirements shall be met by the owner or occupier of the residential premises with respect to a PCPFS:
(1) 
The PCPFS situated on residential property shall only be used for the storage of personal property, furniture and household items normally located on or in a residential dwelling or premises and shall, upon written notification of the Township, be subject to inspection.
(2) 
All such PCPFSs shall:
(i) 
Not have a height in excess of seven feet nor a length of more than 10 feet nor a width of more than eight feet.
(ii) 
All access doors shall be secured with locks.
7. 
Garbage containers (over 100 gallons' capacity)/dumpsters shall be permitted in all zones, provided:
(a) 
The garbage container/dumpster is registered with the Borough Code Enforcement Department. The property owner must provide: unit information; length, width and height of unit; location on property; date of delivery; and date of anticipated removal. The anticipated removal date is not to exceed 90 days. A registration fee of $25 is payable to the Borough of Bound Brook.
(b) 
Location. No garbage container/dumpster shall be located within the setback area of an abutting dwelling as reflected in this chapter.
(c) 
Time and unit limit. No more than one garbage container (over 100 gallons' capacity)/dumpster shall be located on specific residential premises and for period not to exceed 90 days from date of delivery.
(d) 
Exceptions:
(1) 
Garbage containers/dumpsters (for large construction projects) exceeding one per property and exceeding 90 days may be permitted by the Construction Official; registration fee waived.
(2) 
Garbage containers/dumpsters as permitted for commercial use (restaurants, retail businesses, etc.). Quantity, size, location and storage parameters are to be determined by the Land Use Board and detailed in final site plan resolution.
l. 
Visibility requirements. All trees adjoining street rights-of-way lines in all zones shall have their branches trimmed at all times to insure unobstructed vision eight feet above the street pavement level. On any corner lot in any residential zone, no fence, structure, planting or shrubbery over 30 inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within 25 feet of the intersection formed by the projections of the two street rights-of-way lines at the corner.
m. 
Planting and fences on street property lines. No fence, hedge, shrubbery or planting on any lot in any residential zone shall be permitted within one foot from any street right-of-way line.
n. 
Conversion of existing structures. The conversion of existing structures to a use permitted in the zone district in which the structure is located is equally subject to the same regulations as are new structures to be constructed in the zone district.
o. 
Access to uses. No driveway shall be permitted to serve any use other than the permitted use on the lot upon which the driveway is located.
p. 
Mixed occupancy. Where mixed occupancy is permitted, the side and rear yard and area requirements of residence zone districts shall be met.
q. 
Public buildings and structures. Before a building permit or a certificate of occupancy may be issued for any public building or structure owned or leased by any unit of the government or owned by any public utility, or for any such use in any residential zone, a site plan shall be submitted to the Board for approval or advice, as the case may be. The use shall meet all the required area, front, side and rear requirements of the zone and shall also meet the off-street parking requirements, landscaping and buffer requirements of § 21-9. Nothing shall be construed to permit storage yards, generating plans, and telephone exchange buildings. Buildings for municipal purposes for the Borough of Bound Brook are exempt from this requirement.
r. 
Signs. No sign shall hereafter be permitted in the Borough unless it shall comply with the requirements of Subsection 21-10.5. All signs must comply with this chapter within five years of its adoption.
s. 
Height exceptions. The height limitations required in each zone district shall not apply to church steeples. Church buildings, public school buildings and structures, flagpoles, or any municipally owned, leased or operated buildings, structure or use shall not exceed 45 feet in height above the average elevation of the ground at the foundation of the structure.
t. 
Fences and retaining walls. In all zones no fence or wall shall exceed a height of six feet unless a higher fence or wall is authorized by the Planning Board to screen an area as part of site plan approval. All fences and walls shall be so erected that the finished side shall be away from the property containing such fence or wall. No fence or wall shall be constructed in any floodway as defined by the New Jersey Department of Environmental Protection, nor shall any fence or wall be closer to the center line of any brook than a distance that equals three times the average width of the brook, except as approved by the Planning Board as part of a site plan.
In all nonresidential zones and for all nonresidential uses, all fences or walls shall only be permitted as part of site plan approval.
In all residential zones, fences or walls four feet or less in height do not require a permit and can be constructed along the property line on the property containing the fence or wall in any side or rear yard. Fences six feet or less that are not more than 10% solid do not require a permit and can be constructed along the property containing the fence in any side or rear yard. Fences more than 10% solid are not permitted in any front yard. Fences more than 10% solid and higher than four feet are only permitted in a side or rear yard along a line where the distance from the fence is at no point closer to an existing dwelling on an abutting lot than the required side yard setback for the dwelling.
u. 
Protections and encroachments. Except as hereinafter specified, yards and courts required under this chapter shall be entirely free of buildings or part thereof:
1. 
Cornices, eaves, and chimneys may project not exceeding two feet over any required yard or court.
2. 
Sills, leaders, belt courses and similar ornamental or structural features may project six inches into any required yard or court. An open fire balcony or fire escape may project into a required yard not more than four feet.
3. 
Air conditioning equipment may not exceed 48 inches in height. Any air conditioning equipment less than 48 inches in height may extend three feet into the minimum side yard or rear yard area.
4. 
In order to foster the improvement and rejuvenation of the B/R district, certain additional limited encroachments are also permitted.
Projections of existing structures whose front building line is coincident with the front street right-of-way line shall be permitted to encroach into public street rights-of-way, where such projections are deemed necessary by the Planning Board and are resulting from building maintenance and beautification projects. These encroachments are limited to the following:
(a) 
Building veneers placed in front of and attached to existing walls may encroach not more than six inches into the right-of-way of a public street in a manner approved by the Planning Board.
(b) 
Eaves, cornices, canopies, soffits, building overhangs and decorative building elements attached to structural elements of existing buildings qualifying under this subsection may encroach not more than two feet into the street right-of-way at the height not less than 10 feet above grade in a manner approved by the Planning Board. Encroachments of up to three feet at a height not less than 18 feet above grade are permitted in a manner approved by the Planning Board.
v. 
There shall be no apartment or dwelling unit permitted in a basement portion of any building.
w. 
Parking for residential use will be in accordance with Residential Site Improvement Standards, as amended.
[Ord. No. 04-12 § 21-10.3]
Pursuant to P.L. 1975, Chapter 291, the Planning Board may grant conditional uses as herein permitted. Application for a conditional use shall be made in accordance with procedures set forth in § 21-9 and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and the general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Said conditional use requirements shall be as follows:
a. 
Public garages and gasoline service stations.
1. 
Distance from public assembly. The nearest lot line of the lot or parcel of land to be used as a public garage or gasoline service station shall be at least 300 feet, measured in a straight line, from the nearest lot line of any lot upon which is located any building used as a theater, auditorium or other place of public assembly, capable of seating over 100 persons, or used as a church, hospital for humans, college, school, public library or institution for dependents or children, or any public playground or athletic field.
2. 
Mixed use. No part of any public garage or gasoline service station, wherever located, shall be used for any other purpose.
3. 
Distance from other public garage. No part of any public garage or gasoline service station, nor any driveway entrance or exit to or for the same, shall be located within 300 feet of any lot line of any lot upon which is located any other public garage or gasoline service station.
4. 
Minimum lot area and frontage. The minimum lot size for any lot upon which any public garage or gasoline service station is located shall be 10,000 square feet and the minimum street frontage of the lot shall be 100 feet. If a public garage or gasoline service station is located on a corner lot, the minimum street frontage on each street shall be 100 feet.
5. 
Entrance and exit driveways. Entrance and exit driveways to and from any lot upon which is located a public garage or gasoline service station shall have an unrestricted width of not less than 16 feet nor more than 24 feet, shall be located not nearer than 10 feet from any lot line and shall be so laid out as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.
6. 
Paving requirements. The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a public garage or gasoline service station shall be paved with a bituminous or concrete surface sufficient to meet Borough pavement specifications applicable to streets and roadways.
7. 
Outdoor repair prohibited. On any premises upon which a public garage or gasoline service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline and oil, shall be conducted within the confines of a building capable of being wholly enclosed. Repairs may be conducted within the rear yard area and only within daylight hours and with the approval of the Planning Board. Any vehicles stored outside overnight shall be so stored as to meet the provisions of Subsection 21-10.2k.
8. 
Setback restrictions. No part of any building used as a public garage or gasoline service station and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within 10 feet of any side or rear lot line and the ten-foot free area required hereunder shall at all times be kept free, open and unobstructed for the purpose of ready access by emergency fire and police vehicles.
9. 
Storage of flammable materials. At any public garage or gasoline service station, storage facilities for gasoline, oil or other flammable materials in bulk over 75 gallons shall be located wholly underground and no nearer than 35 feet from any lot line other than any street right-of-way line. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within 10 feet of any street right-of-way line and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
10. 
Expansion of existing public garages or gasoline service stations. No permit for the alteration or expansion of any existing public garage or service station shall be issued except upon compliance by the applicant with all the provisions of this subsection.
11. 
Minimum buffer area abutting a residential zone: 20 feet.
b. 
Houses of worship. Churches may be permitted, based upon the following conditions:
1. 
Minimum lot areas shall be twice the minimum area permitted in the zone district in which the property lines, or 15,000 square feet, whichever is greater.
2. 
Minimum frontage shall be 100 feet.
3. 
Minimum front yard setback: 40 feet.
4. 
Minimum side yard setback: two times the minimum side yard requirement.
5. 
Minimum rear yard setback: two times the minimum side yard requirement of the zone, except that when the rear yard abuts a residential zone, the side yard shall be a minimum of 40 feet.
6. 
Maximum percent of impervious coverage: 65%.
7. 
Maximum building height: 35 feet, except that spires may be 45 feet.
8. 
Minimum buffer area abutting a residential zone: 20 feet.
9. 
Minimum number of parking stalls: one space for each 72 inches of seating or one space for each three seats.
c. 
Home occupations may be permitted based upon the following conditions:
1. 
Home occupations shall submit an application to the reviewing Board for site plan approval.
2. 
No more than two employees other than the owner/occupant may work on the premises.
3. 
Not more than 25% of the total floor area of such dwelling or 400 square feet, whichever is lesser, shall be devoted to such employment or occupation.
4. 
There shall be no display of goods offered for sale in conjunction with such employment or occupation which is visible from any street or adjoining lot. There shall be no motor vehicles or equipment or other items used in connection with or upon which any service is performed in connection with such employment or occupation stored or kept in any location on the lot, except in an enclosed building.
5. 
No equipment or process shall be used in such employment or occupation which shall create noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, and, in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.
6. 
Residential character of the building, property or neighborhood shall not be changed. There shall be no identification sign or other outside alteration.
7. 
The use does not alter the parking required or need for additional parking on the residential premises and does not require any off-site parking.
8. 
The operator of the occupational enterprise must reside in the premises.
[Ord. No. 04-12 § 21-10.4]
a. 
Continuance of nonconforming uses or structures. Any nonconforming use or structure which lawfully existed as of June 21, 1966, may be continued.
b. 
Alteration, extension or enlargement of nonconforming uses or structures. Nonconforming uses or structures in all zone districts shall conform to the following requirements:
1. 
Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever. Subdivision of land shall be conducted such that the use is on a smaller lot area.
2. 
There shall be no structural alterations made to any nonconforming building or structure that is nonconforming because of use.
3. 
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition or any part of any building declared unsafe by the Construction Official, the Chief of the Fire Department or the Borough Engineer.
4. 
In the event that there shall be a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon exercise or reinstate such abandoned nonconforming use (the provisions of paragraph A notwithstanding) shall be deemed a violation of this chapter.
5. 
A change from one nonconforming use to another nonconforming use is prohibited, even if there are no changes in structure or lot.
6. 
Nothing in this chapter shall be construed as authorization for or approval of the continuance of the use of a building, structure or premises in violation of any Zoning Ordinance rules or regulations in effect immediately preceding June 21, 1966.
7. 
Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter shall not be changed or altered to enlarge the nonconformance.
c. 
Restoration of existing buildings which are nonconforming because of use. Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God or any other public enemy, or the like, if the extent of the destruction is not more than 50% of the true value based upon assessed value of the whole building or structure at the time of the partial destruction. If, however, any such building or structure shall be destroyed in the manner aforesaid to an extent exceeding 50% of the true value of the whole building or structure at the time of destruction then the same may only be reconstructed and thereafter used in such a manner as to conform to all requirements, terms and conditions of this chapter.
d. 
Restoration of existing buildings which are nonconforming because of reasons other than use. Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter, and which is partially destroyed by fire, explosion, act of God or of any public enemy, or the like; provided, however, that the restoration of any such building or structure shall not enlarge the previously existing nonconformance.
Notes
SIGN ORDINANCE
Created: 2018-01-31

NOTE:  Sign Ordinances for the Business/Residential (B/R) District-

Refer to 21-10.15 para.i.signs.

When there is a conflict between 21-10.15i and 21-10.5 Signs, 21-10.15i shall take precedence.

[Ord. No. 04-12 § 2-10.5; Ord. No. 09-07; Ord. No. 2012-11]
NOTE: Sign ordinances for the Business/Residential (B/R) District: Refer to Section 21-10.15i, Signs. When there is a conflict between Section 21-10.15i and Section 21-10.5, Signs, Section 21-10.15i shall take precedence.
a. 
Definitions.
ADVERTISING BANNER, BUNTING OR FLAG
Any piece(s) of cloth, vinyl, plastic, canvas or similar material; of any size, shape, color, design; hanging or fixed in place; used to identify, promote, advertise or announce the interest of any person, business establishment or charitable organization, when the same is placed in view of the general public. Examples are foreign flags, decorative or seasonal banners, or sporting team flags. Does not include any official US, State, County or municipal flag.
ARTISAN OR CONTRACTOR SIGN
A temporary sign identifying a firm that is doing construction, decoration, or repair work on a property.
BILLBOARD
Any sign used to advertise, identify, display, or attract attention to a person, organization, business, product, service or event not located or taking place on the premises. An off-site sign.
COMMUNITY EVENT SIGN
A sign that announces a noncommercial, community event sponsored by a civic, non-profit, institutional or government organization.
MEMORIAL OR HISTORIC SIGN
A commemorative plaque, memorial tablet or emblem of an official historical body identifying the historical relevance or designation of a building or property.
NONCONFORMING SIGN
A permanent sign existing at the effective date of the adoption of this subsection (Ordinance No. 09-07, adopted July 28, 2009) which could not be built or displayed under the terms of this subsection.
OFF-SITE SIGN
A sign which contains a commercial message, or directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. See also, Billboards.
PERMANENT FIXED SIGN
Any sign which is, or is designed or required to be, permanently installed or mounted with hardware, brackets, epoxies or other permanent mounting materials or devices on the exterior of a structure or on the interior of a window. Included in this category are all painted or etched lettering and graphics on windows, lettering and graphics on canopies/awnings, sticker-type or adhesive lettering and signs and all lit signs with a dedicated electric supply, whether interior or exterior.
PERMANENT FREESTANDING SIGN
Any sign supported by permanent structures or supports that are placed or anchored in the ground, and which is independent from any building or structure.
PORTABLE "A" FRAME SIGN
Also referred to as a "sandwich sign," is a temporary, portable ground sign constructed with two sides joined/hinged at the top, allowing the sign to stand alone in an upright position.
PORTABLE "BOX"-TYPE LIGHTED SIGN
An enclosed portable indoor sign unit that is lit from within, with translucent panels that allow light to pass through. This type of sign is typically hung in a window.
PORTABLE LIGHTED TUBULAR OR COMPOSITE DIODE SIGN
A neon, light emitting diode (LED) or other tubular electric or battery-powered unit designed to be hung inside a window as a sign. Examples of such units are liquor brand logos as are displayed in bar or restaurant windows, or custom-made units that have neon-tube words or graphics referencing products or services, or LED "open" signs.
REAL ESTATE SIGN
A temporary sign placed upon a property for the purpose of advertising to the public the sale or lease of said property.
SEARCHLIGHTS
A controlled device containing a light and reflector on a swivel, for projecting a strong, far-reaching beam in any direction.
SIGN
Any device, light, combination of materials, lettering, figures, marks, pictures, emblem, display, object, design, logo, symbol or trademark that is used or intended to be used to attract attention or convey information when the same is mounted, placed or installed for exterior observance. A sign shall be considered a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed without an organized relationship, or where there is doubt as to the relationship of elements, each element shall be considered to be a single sign.
TEMPORARY SIGN
Any sign which is not included in the permanent signage of a building or site, and which is not permanently installed with hardware or other permanent mounting materials, or which has not been approved for permanent display by the zoning officer as allowed by ordinance, or by resolution of the Planning Board. Temporary signs include banners, pennants, flags, flyers, posters and all display devices announcing a special event, promotion, sale, ad campaign or opening.
b. 
Purpose. The purpose of this subsection is to promote orderly and appropriate signage that aids orientation, identifies activities, promotes a desirable visual environment, protects property values and enhances the Borough's ability to attract beneficial sources of economic development; to protect the public health, safety and welfare by restricting signs which are unsafe, impair the public's ability to receive information or increase the probability of accidents by distracting attention or obstructing vision; and to maintain adequate light and visibility through windows for both passive illumination, visibility and safety and security purposes.
c. 
Applicability. All signs within the Borough of Bound Brook that are placed for exterior observance shall be erected, constructed and maintained in accordance with the provisions of this subsection. In the case of externally illuminated signs, the location, intensity, orientation and type of illumination of any sign must also conform to the provisions of this subsection. No existing sign shall be altered, enlarged, rebuilt, or relocated except in accordance with the provisions of this subsection.
d. 
Measurement of sign area and height. The area of a sign shall be computed as the total square footage of the background upon which the lettering, illustration or display is presented, including any base support or frame. If there is no background, the sign area shall be the rectangle which is the product of the largest horizontal and vertical dimensions of the lettering, illustration or display.
The height of a freestanding sign shall be computed as the distance from the normal grade to the top of the highest point of the sign, including any mounting device. Normal grade shall be the newly established grade after construction, exclusive of any filling or excavating solely for the purpose of locating the sign.
e. 
Permit required. No sign, except those qualifying for permit exemption shall be displayed, installed, painted, constructed, erected, remodeled, relocated or expanded until a zoning (sign) permit for such sign has been obtained from the Zoning Officer in accordance with the provisions of this subsection.
f. 
Permit exemptions. The following signs shall not require a zoning (sign) permit: real estate signs; election signs; memorial or historic markers; flags of the US or the State; signs which display or post address numbers as permitted or required by this subsection; seasonal displays and decorations which do not advertise product or services; wall or ground signs not exceeding four square feet warning the public against hunting, fishing or trespassing on property, but only where such activities are likely; community event signs that do not exceed six square feet; routine maintenance and repair of a conforming or nonconforming sign; change of copy on an advertising sign or marquee designed for such purpose and approved by the Planning Board; signs of a constituted governmental body; construction, artisan or contractor firm signs displayed on a site during the period of construction; and temporary window signs that do not exceed eight square feet per sign, but which conform to all provisions of this subsection.
g. 
Permit application process and fees. Zoning (sign) permit applications may be secured at the Borough Municipal Building.
1. 
A zoning (sign) permit shall be obtained for any exterior sign or device, whether permanent or temporary, and for any interior/window sign, including temporary signs, except for portable lighted signs, or interior temporary signs with an area of eight square feet or less. The permit fee may be waived by Borough Council for tax-exempt organizations.
2. 
A zoning (sign) permit shall become null and void if the work for which the permit was issued has not begun within six months. One six-month extension may be granted by the Zoning Officer. Permits for temporary signs will be valid for only the specific forty-five-day interval designated on the permit.
3. 
An applicant seeking a zoning permit for a sign shall submit a scale drawing and at least the following information to the Zoning Officer, and to the Construction Code Official if a construction permit is required:
(a) 
Sign area and dimensions;
(b) 
Height above grade, below roofline, and from each edge of the wall and/or window on which it is displayed/mounted;
(c) 
Width (horizontal measurement, in feet) of building frontage(s);
(d) 
Description of sign materials, including type, color and texture;
(e) 
Style and dimensions of letters and other graphics/symbols/elements;
(f) 
Method of illumination, if any, including a detail showing the number, location and wattage of bulbs or other light sources, reflectors and shields, and type of light source, etc.
(g) 
Detail showing construction base, pole and any other supports, brackets or frame;
(h) 
Location, including sight triangle easement areas;
(i) 
For freestanding signs greater than eight feet in height, computations for structural strength and stability of entire structure.
4. 
Temporary signs.
(a) 
Where there is an application for a zoning (sign) permit for the installation or mounting of a temporary sign, there shall be one annual fee for the installation or mounting of temporary sign, such annual fee will be valid for up to six applications for temporary signs within one year from the date of issuance of the zoning (sign) permit.
(b) 
An applicant will be required to make an application for each temporary sign that the applicant wishes to install or mount.
(c) 
If an applicant seeks to submit more than six applications for a zoning (sign) permit for the installation or mounting of a temporary sign within the year during which the applicant's zoning (sign) permit is valid, the applicant must pay an additional $25 per application until such time as the annual zoning (sign) permit expires, at which time the applicant must seek a new annual zoning (sign) permit for the new year.
The annual fee for the installation or mounting of a temporary sign shall cover a period of one year from the date of the issuance of the zoning (sign) permit.
h. 
Permit review.
1. 
The Zoning Officer shall review and grant/deny zoning permits for signs, including temporary signs and permanent freestanding signs on existing developed sites where the sign conforms to all requirements of this subsection, or for replacement or relocation of existing permanent freestanding signs where the sign conforms to all requirements of this subsection, in accordance with the regulations contained in this subsection, for signs on existing developed properties for which no change to the site other than the sign is being proposed, and if the proposed sign conforms to all regulations in this subsection. If the sign does not conform to the provisions in this subsection, the applicant must obtain a waiver from the Planning Board.
i. 
Prohibited signs. The following signs shall be prohibited:
1. 
Signs, such as billboards, which advertise products, services or activities conducted off premises, except for IP Zone along Route 287 as delineated in Exhibit A (on file in the office of the Borough Clerk). Unless in conformance with all provisions of Subsection 21-10.3, Conditional Use, no sign shall be permitted which is not directly related to the business conducted on the property;
2. 
Permanent changeable copy displays are prohibited in residential and historic districts;
3. 
All signs which move, rotate, have moving parts, reflecting materials, flashing/blinking lights or mechanically changing displays except in the B1 Zone and that part of the OB Zone west of Church Street. No such sign shall have blinking, flashing, strobe or fluttering lights or any other illuminating devices which have a changing light intensity, brightness or color, except for time and temperature;
4. 
Fully-lighted canopy signs subject to the regulations of Paragraph n7;
5. 
All signs in a residential district other than those permitted in paragraphs q and r of this subsection;
6. 
Window "surround" lighting of any kind. Linear lighting (neon, LED, festoon, string lights or other) that frames or outlines a window or building feature is prohibited;
7. 
Signs that in any way obstruct pedestrian or driving vision, traffic signals or street signage, other places of business, or other signs (or windows) of the building on which they are located;
8. 
Signs that have a shape, color or construction that resembles emergency, regulatory or warning signs;
9. 
Wind socks and all types of inflatable or wind-driven sign devices;
10. 
Signs erected, painted or otherwise posted on trees, rocks, other natural features, or public utility poles, except those used for a garage sale as discussed in paragraph q,2(c).
j. 
General sign limitations.
1. 
Total sign coverage of any type shall not exceed 20% of any window, window panel or glass area on any building. Community event signs are not included in this limitation, but total sign coverage in no case shall exceed 50% in any window.
2. 
No sign shall project over, occupy or obstruct any other sign.
3. 
Any mounted sign affixed to a structure, or display device extending over pedestrian areas must allow a minimum seven feet of vertical clearance.
4. 
All signs shall be maintained in good condition, which shall include replacement or repair of broken structural elements, casings or faces, maintenance of legibility and all lighting elements as determined by the Zoning Officer.
k. 
Temporary signs. Establishments in business districts shall be permitted to display temporary signs, as follows:
1. 
Temporary window signs. Businesses may display temporary signs in ground floor windows, including glass doors, for the advertising of goods and services available on the premises. Such signs shall be placed only on the interior of the windows.
(a) 
Temporary window signs shall not exceed four feet in any dimension.
(b) 
Temporary window signs with an area greater than eight square feet require a zoning (sign) permit, which shall allow display for a forty-five-day period. The permit for a sign must be available for inspection on the premises during all times that the sign is displayed. The permit number and date shall be written clearly on a lower back corner of the sign.
(c) 
All signs shall be maintained in good condition. Faded, torn, yellowed, crooked or other deteriorated or unsightly signs are not permitted, and shall be removed. Clear adhesive materials, only, shall be used to mount temporary signs, and adhesives must be removed when the sign is removed. No duct tape or similar opaque adhesives shall be permitted. If a temporary sign is not in good condition, it must be removed at the request of the Zoning Officer, whether or not it has been displayed for a full 45 days.
2. 
Exterior temporary business signs.
(a) 
A temporary sign of any size or type such as an advertising banner, bunting, flag or string banner, that is displayed outside of a building, whether or not such sign includes lettering or graphics, requires a zoning (sign) permit, and is limited to a forty-five-day display period that coincides with the event or promotion as stated on the sign. Exterior temporary signs shall be permitted only for a special event or promotion, with a maximum of one per establishment displayed at any time. Any exterior temporary sign shall display the time period of the event or promotion being advertised.
l. 
Portable "A-Frame" signs. Each ground floor commercial establishment may display one portable A-frame sidewalk sign; only if the positioning of such sign allows for a minimum of five feet of clear adjacent walkway/sidewalk access in the pedestrian areas associated with the building and does not block parking, parking meters or other public amenities, or obscure vision for traffic. A zoning (sign) permit shall be required for an A-frame sign.
1. 
The A-frame sign display surfaces shall be made of dark-colored writable/erasable materials only, such as slate, "dry erase" board, or a dark surface covered by Plexiglas, on which erasable writing can be displayed.
2. 
Maximum dimensions of each side panel shall be two feet wide by three feet high.
3. 
No paper or other materials shall be affixed to the exterior surface of the A-frame sign.
4. 
No other portable standing signs are permitted.
5. 
The sign shall be maintained in good condition.
6. 
The sign may be displayed outdoors only during hours the establishment is open for business.
m. 
Window lighted signs. Each commercial establishment may display one distinct box-type, tubular/neon or composite LED portable lighted sign per ground floor window panel.
1. 
Maximum area of each portable lighted sign shall be four square feet, with a three-foot maximum in any dimension, but total window coverage of sign(s) of any kind shall not exceed 20% per window.
2. 
Power cords and other electrical components shall be minimized as to visibility from outside the building, to the extent practicable. Excess cord shall be out of sight from the building exterior.
3. 
Each establishment is limited to one "open" sign.
4. 
No blinking or moving lights or changing displays shall be permitted.
5. 
Lighted signs require a permit and shall not be permitted above the ground floor level.
n. 
Permanent fixed signage in Business/Commercial Districts. Unless otherwise regulated in this subsection, only those signs identifying the name, business, occupant, service, address or product offered or sold on the premises shall be permitted. Permanent fixed signs shall be of professional, permanent quality, and shall be maintained in good aesthetic and structural condition, as originally permitted and installed. If the Zoning Officer determines that a sign is not in good condition, the Officer shall issue an order for removal.
1. 
Required signs. Each business shall have at least one permanent fixed sign, located on the building frontage, displaying the name of the business, and one permanent fixed sign (external or window) displaying its street number(s). The street number(s) shall be a minimum of three inches by two inches, and shall be located on the door.
2. 
Size and area limits. In all commercial districts excepting the Regional Business/Senior Residential Zone, the total area of all permanent fixed signs, not including permanent freestanding signs, shall not exceed two square feet per linear feet of frontage of the building. In addition, any permanent fixed sign is limited to 75% of the width (or first floor height, if the sign is vertical) of the building frontage. The maximum of all permanent fixed signage for any building shall be 40 square feet, except for businesses with frontage along two public streets. For businesses with frontage along two public streets, the maximum allowed permanent fixed signage shall be 60 square feet, not to exceed 40 square feet on any side.
3. 
Characters (lettering and numbering) on permanent fixed signs shall be a minimum of six inches in height, except on etched or painted window signs.
4. 
Internally lit signs are not permitted in the BR, NBR or OB zones.
5. 
Mounting and height limits. Building-mounted signs shall not extend above the roofline or parapet, or above the floor in which the business operates. No sign shall project more than 15 inches from the face of the wall upon which it is attached, nor closer than 10 feet from ground level below the sign. Signs shall be mounted parallel to walls or perpendicular to the right-of-way.
6. 
Sign illumination. All illuminated signs shall comply with the following:
(a) 
External sign illumination. Direct light shall be completely shielded from view of vehicular traffic. The width of the beam of a spotlight-type light may be no wider than the object of illumination (sign), and all illumination shall be shielded or made translucent to avoid spillage to neighboring properties, or light projecting in any direction except directly onto the sign.
(b) 
Internal sign illumination. Internally-lit signs shall be designed to minimize glare. The light source shall not be visible from outside the sign and shall be diffused to eliminate hot spots. The background of the sign shall be opaque and the lettering or graphics shall be translucent.
7. 
Canopy and awning signs. Establishments may utilize canopies or awnings as signs only as follows:
(a) 
No fully-lighted canopy signs shall be permitted. Where canopies have internal lighting, they are considered to be an internally-lit sign. Canopy background shall be opaque, and lettering or graphics shall be translucent. Sign text and graphics on the canopy are limited in total width to 75% of the width of the business building frontage, centered on the awning. No translucent materials shall be used anywhere on the awning/canopy except for the sign text and graphics.
(b) 
Lettering and graphics, if desired, shall be located only as follows:
(1) 
In the valence at the front of the canopy/awning, if there is a valence; or
(2) 
In a nine inches horizontal band along the bottom of the canopy/awning, if there is no distinct valence.
(c) 
Torn, faded or otherwise deteriorated canopies/awnings utilized as signs shall not be permitted. The Zoning Officer shall have the same authority to require removal of such awnings as for other signs unless the applicant obtains a waiver from the Planning Board.
o. 
Permanent freestanding signs.
1. 
A commercial establishment that conforms to all applicable bulk standards of the zone, and which is a minimum of 10 feet from the street right-of-way line, may erect or display one permanent, vertical-format, freestanding sign according to the following schedules:
(a) 
Signs on a State highway shall not exceed 15 feet in height;
(b) 
Signs on a county road shall not exceed 12 feet in height;
(c) 
Signs on a municipal road shall not exceed eight feet in height;
2. 
A freestanding sign shall not exceed 25 square feet, with a maximum of eight feet in any dimension.
3. 
The edge of the sign nearest to the highway/road right-of-way shall be no closer than five feet to the right-of-way.
4. 
No freestanding sign shall block a sight easement, or inhibit pedestrian or vehicular traffic.
p. 
Sign removal. All signage shall be removed from a business/commercial site when the business has ceased to operate for a period exceeding 60 days. When permanent exterior signage is removed, all mounting and other associated devices shall also be completely removed, and the underlying surfaces shall be painted and/or otherwise restored to match the adjacent building surface, such that there is no appearance of a missing sign. This restoration requirement applies whenever a sign is removed (excepting temporary removal for sign repair or replacement), regardless of the reason for removal. In cases of temporary closures, the business owner may appeal to the Zoning Officer for relief of up to six months. Where due written notification has been given by the Borough and compliance has not been achieved within 30 days from notification, the Borough may cause removal of such sign and charge the cost to the owner.
q. 
Other signs.
1. 
Real estate, artisan/contractor, and election signs.
(a) 
Election signs. Election signs may not exceed four feet in any dimension, and must be removed within one week after the election. Placement shall not block visibility for traffic or create a pedestrian or traffic impediment, and may not block any other sign.
(b) 
Real estate signs shall pertain only to the lease or sale of the lot upon which they are placed. No more than one such sign shall be displayed for each street frontage of a structure, whether residential or commercial.
(1) 
Signs for commercial real estate shall not exceed 12 square feet, and must be removed within three days of the lease consummation or closing of a sale.
(2) 
Signs for residential real estate shall not exceed four square feet and shall be removed three days after closing.
(c) 
Artisan/contractor signs. No more than one such sign shall be displayed on a lot, and the sign shall not exceed four square feet. The sign may be displayed only during the period when the contracted work is in process, and must be removed within seven days of completion of work.
(d) 
No lighted real estate, artisan/contractor or election signs are permitted.
2. 
Community event signs.
(a) 
A sign zoning permit shall be obtained for any community event sign(s) greater than six square feet, or if the sign is displayed in a public right-of-way. The permit fee is waived. Signs shall be removed within one week after the event.
(b) 
Commercial establishments may display signs announcing community events. Such signs shall not be counted toward the establishment's 20% limit on window coverage, but total coverage in no case shall exceed 50% on any window. A business may display signs for multiple community events, but shall display no more than one sign announcing any one event.
(c) 
Garage sale signs shall not be erected more than five days prior to the date of sale and shall be removed within 24 hours of the completion of the garage sale as advertised. All signs must be self supporting;
r. 
Signs for residential dwellings and institutional uses.
1. 
Single and two-family residential uses. Each dwelling shall display its street number(s) in characters/numerals no less than four inches tall and no greater than six inches tall, in a location clearly visible from the street. Each dwelling is permitted to have one, and only one, non-illuminated identification sign, maximum two square feet in area.
2. 
Three-, Four- and other multi-family residential dwellings. Each dwelling shall display its street number(s) in characters/numerals no less than four inches tall, in a location clearly visible from the street. Each dwelling is limited to one non-illuminated freestanding or attached identification sign no larger than eight square feet.
3. 
Institutional uses. Schools, colleges, churches, hospitals and institutions of a similar public or semipublic nature may erect one sign per property where such property conforms to all bulk requirements of the zone. Such sign is limited to two square feet for each linear foot of frontage of the building, or 50 square feet, whichever is less, and is limited to 75% of the width (or first floor height, if the sign is vertical) of the building frontage. The sign may be illuminated, and may be freestanding or wall-mounted. A freestanding sign must conform in area, dimensions, orientation and distance from the right-of-way to paragraph o., on Permanent Freestanding Signs. Hospitals may also have two accessory information signs, not to exceed 20 square feet each.
s. 
Searchlights.
1. 
Searchlights or similar lights displayed to attract attention but unrelated to illumination of a permitted sign. Searchlights shall be prohibited except for grand openings and shall require a permit.
t. 
Signs in the RB/SR Zone.
1. 
Freestanding signs along a State highway shall not exceed 400 square feet and shall not exceed 20 feet in length. There shall be a maximum of one freestanding sign along Route 28 and one freestanding sign along Route 22. One additional freestanding sign on Route 28 may be permitted at the discretion of the Planning Board. Freestanding signs within the commercial development along an internal (non-local) road shall be limited to 200 square feet, 10 feet in length and 20 feet in height.
2. 
Each principal building within the commercial area may have one major sign attached to the building not exceeding 24 inches in height and 250 square feet. A supermarket may have additional signage on the principal facade, not exceeding 50 square feet. Where an individual activity occupies at least 750 square feet of segregated area and has direct access from the outside, a sign not exceeding 50 square feet in area identifying the name of the activity is permitted. Identifying sign(s) for each activity shall also be permitted and may be suspended in perpendicular fashion from a roof over a common walkway, where and when such common walkway exists. All such signs must be similar in size, shape, color and lettering style and shall not exceed four square feet.
3. 
If the additional discretionary signs described above are not permitted, then a principal building located within 100 feet of a State highway shall be permitted to have one additional sign attached to the building that faces the State highway not to exceed 250 feet.
4. 
Within commercial areas, signs shall be coordinated so as to create an overall appearance of uniformity of style and color, and a proportionality of size and shape. In addition to the standards set forth in the general provisions of this subsection, signs with commercial areas for which a sign plan has not been approved by the Planning Board, shall comply with all the provisions relating to signs for the zone in which the commercial area exists.
5. 
Design theme. There should be a consistent sign design theme throughout a particular project, except that national chains may employ their logo in keeping with the height and size criteria in this chapter. The design theme would include style of lettering, construction, material, type of pole or standard (wood or metal, for example), size and lighting. Color of letters and background is also important and should be carefully considered in relation to the color of the material or buildings or where the signs are proposed to be located.
u. 
Historic Zone.
1. 
All signs to be located in the Historic district shall be approved by the Architectural Review Committee (ARC), if constituted, or the Planning Board Site Plan Subcommittee if there is no ARC. Notwithstanding any other provision of this chapter, the ARC, in approving a sign, may further regulate such sign with respect to area, height, placement, materials, color, lighting, graphics, lettering or architectural styling.
[1]
Editor's Note: The Sign Designation Schedule and List of Permitted Types of Signs are included as attachments to this chapter.
[Ord. No. 04-12 § 21-10.6]
a. 
Building permits and plans. No building or structure or part thereof shall be erected, razed, moved, extended, enlarged, altered or demolished unless and until a permit has been granted by the Construction Official thereof.
Plans and intended uses therefor shall indicate that such building or structure is designed to conform to all respects to the provisions of this and all other applicable ordinances of the Borough of Bound Brook. No building permit or zoning permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or parts thereof, in any B-1, B/R, O-B, NB/R or I-P Zone district unless and until the requirements of § 21-9 have been met. If these requirements are not met, the applicant must secure Board approval for variance from the requirement.
b. 
Zoning permits. No land shall be occupied or used in whole or in part for any purpose whatsoever unless and until a zoning permit therefor shall have been issued by the Construction Official. A zoning permit shall be required for the use of any premises which does not have upon it a building. Whenever there shall be a change contemplated in the use of any premises which does not have a building upon it, a new zoning permit therefore shall be required.
c. 
Certificate of compliance and certificate of occupancy. No building or structure hereafter erected or altered and no building in which the occupancy or nature of use shall have been changed shall be occupied or used in whole or in part for any purpose whatsoever unless and until a certificate of occupancy shall have been issued therefore by the Construction Official. The issuance of a certificate of occupancy shall negate the necessity of securing a zoning permit for the same premises. The issuance of a certificate of occupancy shall supersede and revoke any zoning permit already granted for the same premises. A certificate of compliance and/or a certificate of occupancy shall be required whenever there is a change in owner, change in tenant or change in use. Except for single-family and two-family uses, a site plan shall be required prior to the issuance of an applicable certificate.
d. 
Time limitation. The Construction Official shall issue or deny a zoning permit within seven days of the application therefore where site plan approval by the Planning Board is not required and within seven days after action on the site plan by the Planning Board where site plan approval is required. The Construction Official shall issue or deny a certificate of occupancy within seven days of the application therefor where site plan approval by the Planning Board is not required and within seven days after action on the site plan by the Planning Board where site plan approval is required.
e. 
Prerequisite for the Issuance of Zoning Permits or Certificates of Occupancy. No zoning permit or certificate of occupancy shall be issued by the Construction Official until he/she has ascertained that all the requirements of this chapter and any other applicable Borough or State regulations and ordinances, Board of Adjustment decisions, necessary resolutions of the Borough Council, and site plan as approved by the Planning Board, have been and are fully complied with. All improvements shown on any site plan shall have been installed on the premises in question before any zoning permit or certificate of occupancy, as the case may be, shall be issued. When, by reason of adverse weather conditions or other good cause shown, completion of certain improvements would cause an undue delay in the issuance of a certificate of occupancy, the Construction Official may require the posting of a performance guarantee sufficient in amount to cover the cost of all such incompleted improvements, as estimated by the Borough Engineer, assuring the installation of such incompleted improvements within one year of the posting of the performance guarantee.
f. 
Denial of zoning permits, building permits, certificates of occupancy. Notwithstanding the provisions for denial as provided in this chapter, the Zoning Officer and Construction Code Official shall deny any application for zoning permit, building permit, or certificate of occupancy if the use is not an unmistakably clear permitted use in the zone district.
g. 
Changes in use terms and conditions. A zoning permit or certificate of occupancy shall specify the use of the land, or building or buildings and any terms or conditions imposed thereunder. Any change in use shall be treated as a new use and a new zoning permit or certificate of occupancy, as the case may be, shall be required therefore. Before any zoning permit or certificate of occupancy shall be issued for any such change in use, all provisions of this chapter shall be complied with in the same manner as if the new use were an initial use of land or a new structure or building. A zoning permit or certificate of occupancy shall not be issued in circumstances where an existing nonconforming use is to be converted to a different nonconforming use.
h. 
Records. It shall be the duty of the Zoning Officer and the Construction Official, respectively, to keep records of all applications for building permits, zoning permits or certificates of occupancy and of all such permits and certificates issued together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safe keeping of all plans and specifications submitted to him/her with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Borough of Bound Brook. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.
i. 
Violations. The use or occupancy of land or buildings prior to securement of a building permit, zoning permit, or a certificate of occupancy, as the case may be, when one is required, shall be a direct violation of this section and shall subject the violator or violators to the penalties prescribed in Subsection 21-13.3.
[Ord. No. 04-12 § 2-10.7]
a. 
Primary intended use. This zone district is designated for single-family residential use but permits:
Public Parks and Public Playgrounds, but the procedure in Subsection 21-10.2q must be followed.
b. 
Accessory uses.
1. 
Permitted accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this chapter.
2. 
Private garages as regulated in Subsection 21-10.2e.
3. 
Parking and parking facilities conforming to § 21-9.
4. 
Signs conforming to Subsection 21-10.5b.
5. 
Private swimming pools provided, however, the edge of the waterline of the pool shall not be closer than 10 feet to any side or rear lot line and on corner lots no part of any private swimming pool shall be constructed within the front yard requirement for either street.
(a) 
Artificial lights used or maintained in connection with a private swimming pool shall be so located that the direct source of light is not visible from an adjacent property. Lighting intensity shall not exceed 0.25 footcandle at the property line.
(b) 
No private swimming pool shall be used other than as an accessory use.
6. 
There shall be no more than two accessory structures placed on any lot.
c. 
Required conditions. The following requirements for principal uses and structures must be complied with in the R-1 residence district:
1. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
2. 
Front yard. There shall be a front yard of not less than 50 feet.
3. 
Side yard. Except for corner lots, there shall be two side yards and no side yard shall be less than 25 feet provided that the aggregate width of the two side yards combined must equal 60 feet.
4. 
Rear yard. There shall be a rear yard of at least 75 feet.
5. 
Minimum lot area. Each lot shall have a minimum lot area of 40,000 square feet.
6. 
Maximum impervious lot coverage shall be 25%.
7. 
Minimum lot width: 180 feet.
d. 
Conditional Uses.
1. 
Home occupations.
[Ord. No. 04-12 § 21-10.8]
a. 
Primary intended use. This zone district is designed for single-family residential use.
1. 
Public parks and public playgrounds.
b. 
Accessory uses.
1. 
Permitted accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this chapter.
2. 
Private garages as regulated in Subsection 21-10.2e.
3. 
Parking and parking facilities conforming to § 21-9.
4. 
Signs conforming to Subsection 21-10.5b.
5. 
Private swimming pools provided, however, the edge of the waterline of the pool shall not be closer than 10 feet to any side or rear lot line and on corner lots no part of any private swimming pool shall be constructed within the front yard requirement for either street.
(a) 
Artificial lights used or maintained in connection with a private swimming pool shall be so located that the direct source of light is not visible from an adjacent property. Lighting intensity shall not exceed 0.25 footcandle at the property line.
(b) 
No private swimming pool shall be used other than as an accessory use.
6. 
There shall be no more than two accessory structures on a lot.
c. 
Required conditions. The following requirements for principal uses and structures must be complied with in the R-2 residence district:
1. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
2. 
Front yard. There shall be a front yard of not less than 50 feet.
3. 
Side yard. Except for corner lots, there shall be two side yards and no side yard shall be less than 12 feet provided that the aggregate width of the two side yards combined must equal 30 feet.
4. 
Rear yard. There shall be a rear yard of at least 50 feet.
5. 
Minimum lot area. Each lot shall have a minimum lot area of 15,000 square feet.
6. 
Maximum impervious lot coverage shall be 40%.
7. 
Minimum lot width: 100 feet.
d. 
Conditional uses.
1. 
Home occupations.
[Ord. No. 04-12 § 21-10.9]
a. 
Primary intended use. This zone district is designed for single-family residential use but permits:
1. 
Public parks and public playgrounds.
b. 
Accessory uses.
1. 
Permitted accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this chapter.
2. 
Private garages as regulated in Subsection 21-10.2e.
3. 
Parking and parking facilities conforming to § 21-9.
4. 
Signs conforming to Subsection 21-10.5b.
5. 
Private swimming pools provided, however, the edge of the waterline of the pool shall not be closer than 10 feet to any side or rear lot line and on corner lots no part of any private swimming pool shall be constructed within the front yard requirement for either street.
(a) 
Artificial lights used or maintained in connection with a private swimming pool shall be so located that the direct source of light is not visible from an adjacent property. Lighting intensity shall not exceed 0.25 footcandle at the property line.
(b) 
No private swimming pool shall be used other than as an accessory use.
6. 
There shall be no more than one accessory structure on a lot.
c. 
Required conditions. The following requirements for principal uses and structures must be complied with in the R-3 residence district:
1. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
2. 
Front yard. There shall be a front yard of not less than 30 feet, except that where the existing buildings on the same side of the street and within 500 feet from an established setback, new buildings shall conform to such established setback line, provided, however, that no new building may be closer than 20 feet to the front property line nor need to be set back more than 40 feet from the property line.
3. 
Side yard. Except for corner lots, there shall be two side yards and no side yard shall be less than six feet provided that the aggregate width of the two side yards combined must equal 20 feet.
4. 
Rear yard. There shall be a rear yard of at least 25 feet.
5. 
Minimum lot area. Each lot shall have a minimum lot area of 6,000 square feet.
6. 
Maximum impervious lot coverage shall be 50%.
7. 
Minimum lot width: 60 feet.
d. 
Conditional uses.
1. 
Home occupations.
[Ord. No. 04-12 § 21-10.10]
a. 
Primary intended use. This zone district is designed for one- and two-family residential use but permits:
1. 
Public parks and public playgrounds.
b. 
Accessory uses.
1. 
Permitted accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this chapter.
2. 
Private garages as regulated in Subsection 21-10.2e.
3. 
Parking and parking facilities conforming to § 21-9.
4. 
Signs conforming to Subsection 21-10.5b.
5. 
Private swimming pools provided, however, the edge of the waterline of the pool shall not be closer than 10 feet to any side or rear lot line and on corner lots no part of any private swimming pool shall be constructed within the front yard requirement for either street.
(a) 
Artificial lights used or maintained in connection with a private swimming pool shall be so located that the direct source of light is not visible from an adjacent property. Lighting intensity shall not exceed 0.25 footcandle at the property line.
(b) 
No private swimming pool shall be used other than as an accessory use.
6. 
There shall be no more than one accessory structure on a lot.
c. 
Required conditions. The following requirements for principal uses and structures must be complied with in the R-4 residence district:
1. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
2. 
Front yard. There shall be a front yard of not less than 30 feet, except that where the existing buildings on the same side of the street and within 500 feet from an established setback, new buildings shall conform to such established setback line, provided, however, that no new building may be closer than 20 feet to the front property line nor need to be set back more than 40 feet from the property line.
3. 
Side yard. Except for corner lots, there shall be two side yards and no side yard shall be less than six feet provided that the aggregate width of the two side yards combined must be a minimum of 15 feet.
4. 
Rear yard. There shall be a rear yard of at least 25 feet.
5. 
Minimum lot width: 50 feet.
6. 
Minimum lot area: 5,000 square feet.
7. 
Maximum lot coverage shall not exceed 60% of the total lot area.
8. 
Minimum floor area. Every dwelling unit shall have a minimum floor area of 800 square feet per unit.
9. 
Parking. There shall be two parking spaces for each unit.
d. 
Conditional use.
1. 
Home occupation.
[Ord. No. 04-12 § 21-10.11; Ord. No. 2008-05; Ord. No. 2012-17]
a. 
Primary intended use.
1. 
Neighborhood business such as retail sales intended to serve a local rather than regional shopper, and personal services, such as, but not limited to food, drugs, household supplies, small home appliance stores and repair, barber and beauty shops, shoe repair, tailor shops, travel agencies, plumbers, window and mirror repair, electric shops, cabinet maker, butcher, bakery, laundromat, upholstery shops, grocery stores, dry cleaning shops, restaurants, business, professional, administrative offices on the first floor of the structure.
(a) 
Automotive uses such as service, repair, rental, and sales are prohibited. Residential uses are not permitted on the first floor.
(b) 
No sales or services or no outside storage of equipment or materials shall be conducted on the exterior of the premises.
(c) 
A retail establishment may display merchandise or equipment outside during the retail establishment's hours of operation as long as it shall be specifically delineated and physically established so as to leave no less than 10 feet of free and open sidewalk area from the curb line inward in order to permit the unobstructed passage of pedestrians.
2. 
One- and two-family residential uses with a maximum of two bedrooms per each unit on the upper floors only.
3. 
Neighborhood businesses are also permitted on the upper floors.
4. 
Public Parks and Public Playgrounds.
5. 
Site plan approval is required for any proposed business and residential use.
b. 
Accessory uses.
1. 
Permitted accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this chapter.
2. 
Private garages as regulated in Subsection 21-10.2e.
3. 
Parking and parking facilities conforming to § 21-9.
4. 
Signs conforming to Subsection 21-10.5b.
5. 
There shall be no more than one accessory structure placed on any lot.
6. 
Storage buildings (warehouses) shall not be greater than 1,000 square feet.
c. 
Required conditions. The following requirements must be complied with the NB/R neighborhood business/residential district:
1. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
2. 
Front yard. Every residential structure shall be designed so that no structure containing a dwelling unit shall be closer than 25 feet to any abutting street line.
3. 
Side yard. The total side yard shall be at least 20 feet, except that in no case shall any side yard be less than 10 feet.
4. 
Rear yard. There shall be a minimum rear yard of 25 feet, except that the minimum rear yard shall be 40 feet when the rear lot line abuts a railroad right-of-way.
5. 
Open space. There shall be a minimum distance of 20 feet between all structures containing dwelling units.
6. 
Density. Notwithstanding the fact that nonresidential uses are permitted on the first floor, every residential structure shall have at least 2,500 square feet of lot area per family for all two-bedroom units. There shall be a maximum of two bedrooms per dwelling unit.
7. 
Minimum floor areas. Every residential unit containing one bedroom shall have a minimum floor area of 700 square feet per unit. Two bedroom units shall have a minimum floor area of 900 square feet per unit.
8. 
Minimum lot width: 50 feet.
9. 
Recycling. Adequately-sized enclosures for solid waste and all recyclable materials are required.
10. 
Hours of operation of nonresidential uses. Unless otherwise regulated, nonresidential uses shall operate as follows:
All uses shall be permitted to operate from 8:00 a.m. to 9:00 p.m. except restaurants which will be permitted to operate from 6:00 a.m. to 11:00 p.m.
11. 
Minimum lot size. Minimum lot size is 5,000 square feet.
12. 
Landscaping. All open spaces within the development shall be adequately landscaped and maintained in good condition. The Board shall have the right to determine whether parking and service areas shall be screened so that adjacent areas are shielded from parking and service areas.
13. 
Lighting. Yard lighting shall be provided during the hours of operation of any business. Lighting shall conform to Subsection 21-9.15e.
14. 
Maximum lot coverage shall be 65%.
[Ord. No. 04-12 § 21-10.12]
a. 
Primary intended use. This zone district is designed for one-, two-, three- and four-family residential structures and apartment building but also permits:
1. 
All public buildings owned or leased by any unit of the government or public utility, but the procedure set forth in Subsection 21-10.2q must be followed.
2. 
Public parks and public playgrounds.
b. 
Accessory uses.
1. 
Permitted accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this chapter.
2. 
Private garages as regulated in Subsection 21-10.2e.
3. 
Parking and parking facilities conforming to § 21-9.
4. 
Signs conforming to Subsection 21-10.5b.
5. 
Private swimming pools provided, however, the edge of the waterline of the pool shall not be closer than 10 feet to any side or rear lot line and on corner lots no part of any private swimming pool shall be constructed within the front yard requirement for either street.
(a) 
Artificial lights use or maintained in connection with a private swimming pool shall be so located that the direct source of light is not visible from an adjacent property. Lighting intensity shall not exceed 0.25 footcandle at the property line.
(b) 
No private swimming pool shall be used other than as an accessory use.
c. 
Required conditions.
1. 
No building shall exceed a maximum of 2 1/2 stories.
2. 
Front yard setback. Every structure shall be designed so that no structure containing a dwelling unit shall be closer than 30 feet to any abutting street line.
3. 
Off-street parking. Off-street parking shall be required to meet a ratio of two parking spaces for each dwelling unit for other than senior citizen housing, and five spaces for every 10 dwelling units for senior citizen housing. All parking areas shall meet the provisions of § 21-9. Said parking is permitted in the side and rear yards. Only service or delivery parking is permitted in the front yard area. All parking shall be approved by the Planning Board as part of a required site plan.
4. 
Density. Every development shall have at least 2,500 square feet of lot area per dwelling unit.
5. 
Distance between buildings. No building shall be erected closer than 30 feet to another building.
6. 
Rooms. In structures containing five or more dwelling units, no unit shall contain more than two bedrooms. Further, no more than 50% of all units shall be two-bedroom and no single unit shall occupy more than 50% of the area of the structure. For the purpose of administering this section, a bedroom shall be construed as any room other than a kitchen, living room or bathroom.
7. 
Minimum lot size. Minimum lot size is 5,000 square feet.
8. 
Basement apartments. No dwelling unit shall be permitted in any basement.
9. 
Landscaping. All open spaces in any development shall be adequately maintained in good condition. All parking and service areas shall be so screened that adjacent residential areas are shielded from parking or service areas, and all ingress and egress driveways to and from parking and service areas shall only be located within the R-6 zoning district. See Subsection 21-9.15d for additional requirements.
10. 
Minimum floor area. Every dwelling unit shall meet the following minimum floor area requirements:
Type of Unit
Minimum Floor Area
Efficiency units
560 square feet
One- bedroom units
700 square feet
Two- bedroom units
900 square feet
11. 
Maximum lot coverage shall be 65%.
12. 
Minimum lot width: none required.
[Ord. No. 04-12 § 2-10.13]
a. 
Primary intended use. The O-B District is designed for offices for business, executive or administrative purposes as well as offices for physicians, dentists, architects, engineers, attorneys, accountants and like professional uses. This zone also permits one-family structures.
1. 
All public buildings owned or leased by any unit of the government or public utility, but the procedure set forth in Subsection 21-10.2q must be followed.
2. 
Public parks and public playgrounds.
3. 
One-family structures.
4. 
Funeral homes.
5. 
Buildings may contain only one dwelling unit located on the upper floors where the ground floor is used for a nonresidential use as permitted in this subsection. The lot containing such a permitted mixed-use shall be no less than 11,250 square feet in area.
b. 
Accessory uses.
1. 
Permitted accessory uses customarily incidental to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this chapter.
2. 
Private garages as regulated in Subsection 21-10.2e.
3. 
Parking and parking facilities conforming to § 21-9.
4. 
Signs conforming to Subsection 21-10.5b.
c. 
Required conditions.
1. 
Single-family. Single-family dwelling units shall meet the following requirements:
Minimum lot area: 11,250 square feet
Lot width: 75 feet
Front yard: 30 feet
Side yard: 10 feet minimum, 20 feet total
Rear yard: 50 feet
Impervious coverage: 50%
Building height: 45 feet maximum, 3 stories
2. 
Office buildings and funeral homes. All buildings shall meet the following conditions:
(a) 
Height. No building shall exceed a maximum of three stories or 45 feet, whichever is less.
(b) 
Front yard. There shall be a front yard of at least 30 feet.
(c) 
Side yard. There shall be two side yards neither of which shall be less than 10 feet.
(d) 
Rear yard. There shall be a rear yard of at least 50 feet.
(e) 
Minimum lot area. Each lot shall have a minimum lot area of 11,250 square feet.
(f) 
Parking in conformance with § 21-9. Parking is not permitted in the front yard area. Parking must be a minimum of 10 feet from any property line.
(g) 
Landscaping shall be provided between any parking or refuse area and the abutting property line.
(h) 
Minimum lot width shall be 75 feet.
3. 
Maximum lot coverage shall be 65%.
4. 
A recycling area shall be provided which shall be constituted of same materials found in the exterior of the principal building and shall conform to the requirements in § 21-11.
d. 
Conditional uses.
1. 
Houses of worship.
2. 
Home occupations.
[Ord. No. 04-12 § 2-10.14; Ord. No. 07-03; Ord. No. 2008-05]
a. 
Primary intended use. The zone district is limited to business uses of a strictly retail sales and service but also permits:
1. 
Business, professional and administrative offices.
2. 
Public garages as regulated in Subsection 21-10.3.
3. 
Restaurants.
4. 
Any use other than those uses permitted are prohibited and, more particularly, the following uses shall be prohibited: new and used automobile sales and/or storage, automotive rentals or storage, junk yards, auction establishments, warehouses, outdoor amusements, storage buildings, trailer camps or tourist homes, roller skating rinks, residential uses of any kind, rooming or boarding houses, any industrial use, including use involving construction equipment, adult entertainment facilities, adult bookstores, go-go dancing establishments.
b. 
Accessory uses.
1. 
Accessory uses customarily incident to the above.
2. 
Signs are regulated in Subsection 21-10.5b.
3. 
Parking areas in conformance with § 21-9.
c. 
Required conditions. The following requirements must be complied with in the B-1 General Business District:
1. 
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
2. 
Front yard. There shall be a front yard of not less than 20 feet from any street right-of-way.
3. 
Side yard. Business buildings may be built without side yards except that where a side yard in the B-1 Business District adjoins the side yard of a residence zone district, there shall be a minimum side yard of 10 feet. If a side yard is required, it shall be landscaped as a buffer.
4. 
Rear yard. There shall be a rear yard of at least 10 feet. Where property abuts any residence zone district, there shall be a rear yard of 25 feet, provided, however, that a minimum ten-foot landscaped buffer is required.
5. 
Off-street parking. Off-street parking is permitted in the front yard, but a ten-foot landscaped buffer area is required between the right-of-way line and the parking area. Off-street parking shall conform to § 21-9.
6. 
Maximum lot coverage is 80%.
7. 
A recycling area shall be provided which shall be constructed of similar materials found in the principal building and shall conform to the requirements of § 21-11.
d. 
Conditional uses.
1. 
Public garage, gasoline service station.
[Ord. No. 04-12 § 21-10.15; Ord. No. 10-19 § 2; Ord. No. 2012-17; Ord. No. 2014-06]
Preamble.
This Ordinance hereby affirms the introduction of the Ordinance amending and supplementing Subsection 21-10.15 B/R Business/Residential District of Chapter 21, Land Use of the Revised General Ordinance of the Borough of Bound Brook on May 13, 2014 and referral of said Ordinance to the Borough of Bound Brook Planning Board pursuant to the requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Subsection 21-10.15 B/R Business/Residential District of Chapter 21, Land Use of the Revised General Ordinance of the Borough of Bound Brook is hereby replaced in its entirety by the attached document dated April 9, 2014 Draft, entitled "A Business/Residential (B/R) Zoning Ordinance, prepared by Group Melvin Design and revised by Carlos Rodrigues, AICP/PP, attached hereto and made part of this Ordinance.
The proposed B/R Business/Residential District zoning requirements use a set of universal standards (General Development, Signs, Parking, and Site Plan Review) that apply to all lots in the B/R District. In addition, the B/R District requirements place specific controls on properties based on their location. These additional standards are referred to as Place Character Standards. The Signs and Parking requirements have been developed specifically for the B/R District. These new standards have been developed to promote a more vibrant, walkable, mixed-use, sustainable environment in the Historic Downtown of Bound Brook. The standards address the unique circumstances of Bound Brook's Historic Downtown as it relates to character, adjacent activities, parking behavior, traffic, business vitality, access to transit service, environmental features, and overall intensity and density of development.
Zoning map amendments as adopted by §§ 3, 4, 5 and 6 of Ordinance No. 2014-06 are codified at Subsection 21-10.1.
Subsection 21-10.15 B/R Business/Residential District of Chapter 21, Land Use of the Revised General Ordinance of the Borough of Bound Brook as amended herein shall supersede the requirements of the Redevelopment Plan adopted on February 17, 2000 for the portions of Redevelopment Overlay District, identified in Subsection 21-10.16.
Introduction.
The following text and accompanying graphics is intended to completely replace Subsection 21-10.15 Business Residential (B/R) Zone of the Bound Brook Zoning Code.
The amended B/R Zone uses a set of universal standards (General Development, Signs, Parking, and Site Plan Review) that apply to all lots in the B/R Zone. In addition, the B/R Zone places specific controls on properties based on their location. These additional standards are referred to as Place Character Standards.
The Signs and Parking sections have been developed specifically for the B/R Zone.
These new standards have been developed to promote a more vibrant, walkable, mixed-use, sustainable environment in the Historic Downtown of Bound Brook. They address the unique circumstances of Bound Brook's Historic Downtown as it relates to character, adjacent activities, parking behavior, traffic, business vitality, access to transit service, environmental features, and overall intensity and density of development.
a. 
Place character and general development standards.
1. 
The B/R Zone uses a set of universal standards (General Development, Signs, Parking, and Site Plan Review) which apply to all lots in the B/R Zone. In addition the B/R Zone places specific controls on properties based on their location. These additional standards are referred to as Place Character Standards.
2. 
All development in the B/R Zone must comply with the following standards:
(a) 
Intent, paragraph b.
(b) 
Site Plan Review, paragraph c.
(c) 
General development standards, paragraph d.
(d) 
Signs, paragraph i.
(e) 
Parking, paragraph j.
3. 
Additional standards have been developed to further control the unique place character of three specific sub-areas within the B/R Zone. The boundaries of the three Place Character Districts are shown in Subsection 21-10.15 - Figure 1. (Figure 1 may be found at the end of this subsection.) The three districts are:
(a) 
"Main Street District" Place Character Standards, paragraph e.
(b) 
"Arts District" Place Character Standards, paragraph f.
(c) 
"Downtown Residential District" Place Character Standards, paragraph g.
Figure 1 — Place Character Districts in B/R Zone
 
021 007.tif
Editor's Note: Please note that there are changes to the B/R Zone boundary. Specifically, the boundary near East Street was amended to include an area that the Downtown Urban Design Plan identifies as a future growth location. To the west, the boundary was expanded to include the "Talmage Commons Project" illustrated in the Downtown Urban Design Plan. Additionally, a small change was made on Church Street to include a multifamily structure which seems more in character with the B/R Zone.
b. 
Intent.
The intent of the B/R District is to codify the vision outlined in the 2010 Downtown Urban Design Plan, which has been adopted as an element of the Borough's Master Plan. The Urban Design Plan is consistent with widely accepted planning best practices, as well as with the State of New Jersey's smart growth planning policies, as expressed in the 2001 New Jersey State Development and Redevelopment Plan, and in the New Jersey Department of Transportation's designation of Downtown Bound Brook as a Transit Village.
Downtown Bound Brook is envisioned as a regional destination with a growing residential population. There are a variety of rail, driving, walking and biking options. Redevelopment is envisioned to occur in mixed-use buildings that help reinforce the downtown as a walkable neighborhood.
The intent of this district is to encourage creative design and development that promotes economic revitalization and is consistent with the existing character of the Downtown. The following is a list of key land use principles that guided the development of the use, bulk, and design standards for this district. Each one is critical for creating the place envisioned in the Downtown Urban Design Plan.
1. 
Ample sidewalks encourage pedestrian circulation and public interaction and provide space for active outdoor uses by businesses (cafes, displays, etc) and the public. These conditions are pre-requisites to creating the active streets and vibrant public spaces envisioned in the Downtown Urban Design Plan.
2. 
High-quality pedestrian access to downtown amenities, services and transit is required to achieve the vision of the Downtown Urban Design Plan.
3. 
Maintaining a street wall along Main Street, Talmage Avenue, and Columbus Place, and expanding it into new "gap" areas is crucial to a well-defined Downtown District. A continuous or near continuous sequence of facades will:
(a) 
Enclose the street,
(b) 
Define the downtown space,
(c) 
Facilitate the creation of place, and
(d) 
Create protected and uninterrupted pedestrian zones.
4. 
Active ground floor uses, such as retail and services, will promote economic development, improve the pedestrian experience, and encourage further residential growth downtown.
5. 
Meeting economic development goals requires a mix of new development, renovation and reuse of existing structures, and the preservation of historically significant buildings.
6. 
Economic development goals are best achieved by harmonizing the design of new construction with that of existing buildings. This harmony is accomplished through the control of design features, such as key facade elements, and will ensure that new development meets market demands while also reinforcing the existing place character of the Downtown. The result will be a Downtown with a stronger identity and new construction with greater marketplace value.
7. 
The Downtown Urban Design Plan calls for additional residential growth in mixed-use buildings, primarily occurring on vacant or underutilized sites. To encourage this growth it is appropriate that new construction reach five-stories in certain locations.
8. 
Setting back the 4th and 5th floor of five-story buildings will:
(a) 
Respect the existing scale of the Downtown.
(b) 
Ensure that streets do not have a cavernous feeling.
(c) 
Prevent the building from casting a large shadow.
9. 
Surface parking lots that abut streets:
(a) 
Have negative visual impacts.
(b) 
Detract from a pedestrian-friendly environment.
(c) 
Reduce the overall market value of properties in the Downtown, and
(d) 
Are generally inconsistent with the goals and objectives of the Urban Design Plan.
10. 
The Downtown Urban Design Plan has an overarching parking strategy focused on encouraging shared-use parking agreements among private property owners and between the Borough and private property owners to create a strategically located downtown parking supply. Meeting these goals requires efficient parking standards and a range of options for fulfilling parking requirements.
c. 
Site plan review.
1. 
The Administrative Officer will waive the requirement for site plan approval when a proposed development:
(a) 
Is a permitted use in the district;
(b) 
Consists solely of non-structural changes to the interior of a structure;
(c) 
Does not increase the number of parking spaces required by ordinance; and
(d) 
Does not involve any substantial site development considerations.
2. 
When an application involves solely non-structural changes to the exterior of a structure ("facade improvements") applications shall be referred to the Planning Board's Architectural Review Subcommittee, if such subcommittee has been established. If an Architectural Review Subcommittee has not been established, the application shall be referred to the Borough Planner.
(a) 
If the Architectural Review Subcommittee/Borough Planner determines that an application substantially meets the Facade Regulations to the best of their ability, or the applicant has agreed to alter the design to their satisfaction, the application shall be referred to the Planning Board for "Facade Improvement - Substantially Conforming" review.
(b) 
If the Architecture Review Subcommittee/Borough Planner determines that an application does not substantially meet the Facade Regulations, the application shall be referred to the Planning Board for "Facade Improvement - Not Substantially Conforming" review.
(c) 
The determination by the Architecture Review Subcommittee/Borough Planner that an application does or does not substantially meets the Facade Regulations shall not be considered a finding of fact.
d. 
General development standards for the B/R District.
1. 
Applicability.
(a) 
All construction in the B/R District must comply with the regulations in paragraph d.
2. 
Sidewalk Cafes.
(a) 
Applicability.
(1) 
Temporary Sidewalk Cafes are conditionally permitted as an extension of food and drink establishments with a ground floor principal entrance on Main Street, Columbus Place, Talmage Avenue, Maiden Lane or Hamilton Street. The Administrative Officer may approve a Temporary Sidewalk Cafe after an applicant submits a hand- or computer-drawn plan demonstrating that the cafe meets all the standards outlined in this ordinance.
(2) 
Permanent Sidewalk Cafes are conditionally permitted for any sit down restaurant, coffee shop, bakery or the like with a principal entrance on Main Street, Talmage Avenue, Columbus Place, Maiden Lane, or Hamilton Street. If the Administrative Officer determines that the cafe substantially meets the standards outlined herein s/he shall refer the applicant to the Planning Board for Design Review.
(3) 
Sidewalk Cafes of any type are prohibited on all other streets in the district.
(4) 
Applicants who do not substantially meet the standards outlined herein, as determined by the Administrative Officer, shall be referred to the Planning Board for Site Plan Review.
(b) 
Schedule of operation. Sidewalk cafes may only operate during the regular business hours of the business with which they are associated.
(c) 
Lateral clearance. Sidewalk cafes must provide at least six feet of unobstructed sidewalk for pedestrians. The minimum distance shall be measured from the portion of the sidewalk cafe encroachment, which is nearest to any obstruction within the sidewalk area. For purposes of the minimum clear path, parking meters, traffic signs, trees, and all similar obstacles shall constitute obstruction.
(d) 
Enclosed sidewalk cafes. Enclosed sidewalk cafes are prohibited.
(e) 
Clean-up. The operator/owner of a sidewalk cafe shall continually bus tables and provide a final cleanup at the end of the business day that will include litter pickup 35 feet in each direction from the site.
(f) 
Music. The use of musical instruments or sound reproduction devices in sidewalk cafes shall be subject to the same regulations that apply to all other uses in the district.
(g) 
Temporary sidewalk cafes. Temporary Sidewalk Cafes are those where tables and chairs are completely removed from the sidewalk when the business is closed.
(1) 
No form of servicing station or any other type of furniture, other than a single row of tables and chairs set parallel to the building line may be placed within the space occupied by a Temporary Sidewalk Cafe.
(2) 
No railing, structure, or other form of barrier is allowed between a Temporary Sidewalk Cafe and the remaining area of the sidewalk.
(3) 
There shall be no overhead coverage of a Temporary Sidewalk Cafe permitted other than an awning that conforms with paragraph d, 8.
(4) 
All equipment must be removed and stored indoors during non-business hours.
(h) 
Permanent sidewalk cafes. Permanent Sidewalk Cafes are those that include any element beyond tables and chairs and/or those cafes with any structure or element that remains on the sidewalk when the business is closed. They may include one service station that is cleaned and cleared at the end of the business day, and may not be enclosed except for the required permanent barriers described in paragraph d, 2(a)(1). Temporary walls or barriers intended to protect cafes from harsh weather are prohibited.
(i) 
Design standards.
(1) 
Permanent barriers should be three feet six inches in height and must be constructed of black, painted, steel or cast iron, roman or similar decorative designed railing. Wooden lattice, fabric, finish grade woods, sturdy recycled materials, or the like may be permitted by the Planning Board if considerations so require. Barriers may not include movable sectional fencing, chain link fencing, breakable plastics, unfinished lumber, or the like.
(2) 
Permanent barriers must provide an access opening of at least 44 inches.
(3) 
Tables must be functional and well-maintained. Tables may be any shape, but may not be over 36 inches in height.
(4) 
Tables, chairs, service stations, and other amenities:
(i) 
Preferred material - galvanized steel or wrought iron with rust-resistant powder coat finish.
(ii) 
Alternative materials - metals, finish-grade woods, sturdy recycled materials, or composite materials. Upholstered tables and chairs must be water resistant.
(iii) 
Breakable plastics, unfinished lumber, and furniture designed for indoor use are prohibited.
(iv) 
The following images represent examples of acceptable sidewalk cafe tables and chairs.
021 001.tif 021 002.tif 021 003.tif 021 004.tif
(5) 
Planters, railings and fences associated with sidewalk cafes are permitted but require the approval of the Borough Planner.
(6) 
The color, design and materials used in Permanent Sidewalk Cafes are subject to the approval of the Planning Board.
(j) 
Liability. The person or persons to whom a permit for Temporary or Permanent Sidewalk Cafes has been issued shall be liable and shall indemnify the Borough for any loss, damage, injury or expense sustained by the Borough resulting from any claim or cause of action instituted or commenced by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation of such sidewalk cafes.
(k) 
Insurance. Prior to the issuance of a permit for a Temporary or Permanent Sidewalk Cafe, the applicant shall present to the Borough a certificate of insurance for comprehensive general liability, naming the Borough of Bound Brook as additional insured, for combined single limits of no less than $1,000,000 per occurrence and $2,000,000 general aggregate and umbrella limits of $1,000,000.
(l) 
Maintenance and enforcement.
(1) 
Tables, chairs and other furniture and equipment used in Sidewalk Cafes must be clean and free of fading, corrosion, splinters, dents, tears, and/or chipped paint.
(2) 
Chairs may be painted, stained or unpainted, but all surfaces must be properly finished such that there is no rust, splintering or other deterioration.
(3) 
The Borough reserves the right and power to temporarily order the discontinuation of the operation of public outdoor dining at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. These situations include, but are not limited to festivals, parades, marches, road races, repairs to the street or sidewalk, or any other special circumstances or emergencies occurring in the area. To the extent possible, the licensee shall be given prior written notice of the time period during which outdoor dining will not be permitted by the Borough, but failure to give notice shall not affect the right and power of the Borough to prohibit outdoor dining operations at any particular time.
3. 
Temporary outdoor display of merchandise.
(a) 
The outdoor display of merchandise activates streets, sidewalks and public spaces and encourages their use. The standards in this section ensure that the display of merchandise does not interfere with pedestrian activity and contributes to attractive streets and other public spaces.
(b) 
Businesses with a ground floor principal entrance on Main Street, Talmage Avenue, Columbus Place, or Hamilton Street may display merchandise on the public sidewalk on municipally-approved special event days, provided the Administrative Officer determines such arrangements meet the standards of this ordinance. Outdoor display of merchandise on all other streets are subject to existing regulations.
(c) 
The merchandise displayed must be substantially related to the main activity of the ground floor use. The term merchandise does not include signs.
(d) 
Merchandise may be displayed during specially designated event days and only during business hours. After business hours all merchandise, and all equipment used to display the merchandise, must be removed from the public right-of-way and stored indoors.
(e) 
The operator/owner of the business that displays merchandise outdoors shall continually maintain their display and provide a final cleanup at the end of the business day that will include litter pickup 35 feet in each direction from the display area.
(f) 
Merchandise to be displayed is limited to within two feet of the building facade provided that at least six feet of unobstructed sidewalk remains clear for pedestrians. The minimum distance shall be measured from the portion of the sidewalk display encroachment, which is nearest to any obstruction within the sidewalk area. For purposes of determining the minimum clear path, parking meters, traffic signs, trees, and all similar obstacles shall be deemed to constitute an obstruction.
(g) 
No equipment used to display merchandise may be attached to any part of the structure, facade, street light, hydrants, or the like.
(h) 
All items used to display materials shall be specifically designed for that use.
(i) 
All displays and materials used for display shall be maintained in good condition. Faded, crooked, deteriorated, or unsightly displays are not permitted, and shall be removed. No duct tape or similar opaque adhesives shall be permitted.
(j) 
The person or persons to whom a permit for outdoor display has been issued shall be liable and shall indemnify the Borough for any loss, damage, injury or expense sustained by the Borough arising out of any claim or cause of action instituted or commenced by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation of such outdoor display area.
4. 
Open spaces, plazas and courtyards.
(a) 
Private plazas, courtyards, open spaces or other features that limit access to the public and create a significant break in the street wall are not typically found in Downtown Bound Brook and are prohibited.
(b) 
Applicants seeking relief from this regulation shall be required to demonstrate that any such elements will:
(1) 
Substantially improve the pedestrian experience;
(2) 
Serve as an amenity to residents and the public;
(3) 
Have sufficient natural and artificial light, and be sufficiently visible from surrounding structures, to remain safe at all times, especially at night;
(4) 
Not serve to store electrical equipment, trash, recycling or the like; and
(5) 
Be publicly accessible between 5:00 a.m. and 11:00 p.m.
5. 
Automotive access to parking.
(a) 
In general, curb cuts are discouraged because they represent a danger to pedestrians.
(b) 
If it can be established that other access points are available from other rights-of-way, new curb cuts will not be allowed on Main Street, Columbus Place, Talmage Avenue or Hamilton Street unless they replace an existing curb cut that will be closed. All attempts shall be made to avoid new curb cuts on these streets.
(c) 
In instances where curb cuts are allowed, the property owner shall be required to provide cross easements to adjacent parcels in order to ultimately allow cross movement to and from all properties within the block structure. The intent of this section is to limit the number of curb cuts providing access to rear yard parking.
6. 
Pedestrian access to parking.
(a) 
To provide pedestrian access to rear yard parking, passageways to the rear of buildings (cut-throughs) are required for lots of 10,000 square feet or more, or for those with 200 or more feet of street frontage. Applicants shall demonstrate that their cut-throughs will:
(1) 
Have a minimum width of 15 feet.
(2) 
Serve as an amenity to residents and the public;
(3) 
Have sufficient natural and artificial light, and be sufficiently visible from surrounding structures, to remain safe at all times, especially at night; and
(4) 
Not serve to store electrical/utility equipment, trash, recycling or the like.
(b) 
Applicants who can demonstrate that pedestrians can access any portion of the rear-yard parking from Main Street or Hamilton Street while walking less than 200 feet are not required to provide pedestrian cut-throughs.
7. 
Projections: non-awning.
(a) 
All buildings must comply with Subsection 21-10.2u of this code.
(b) 
In order to foster the improvement and rejuvenation of the B/R District, certain additional limited encroachments are also permitted.
(c) 
Projections of existing structures whose front building line shares the front street right-of-way line shall be permitted to encroach into public street rights-of-way where such projections are resulting from building maintenance and beautification projects. These encroachments are limited to the following:
(1) 
Building veneers placed in front of and attached to existing walls may encroach not more than six inches into the right-of-way of a public street in a manner approved by the Administrative Officer.
(2) 
Eaves, cornices, soffits, building overhangs and decorative building elements attached to structural elements of existing buildings qualifying under this subsection may encroach:
(i) 
Not more than two feet into the street right-of-way at a height not less than 10 feet above grade in a manner approved by the Administrative Officer; or
(ii) 
Up to three feet at a height not less than 18 feet above grade in a manner approved by the Administrative Officer.
8. 
Awnings and solar shades.
(a) 
All active ground-floor uses with a window may have an awning or awnings that project between seven and 10 feet from the facade. The lowest portion of an awning's projecting frame shall be more than eight feet above the level of the sidewalk or public thoroughfare. The lowest portion of the descending valance shall be more than seven feet and six inches above the level of the sidewalk or public thoroughfare.
(b) 
Above the ground floor, all windows may have awnings or solar shades that project not more than five feet from the facade. Solar shades and solar screens are prohibited on the ground floor.
(c) 
Any sun screening system that covers more than 10% of the building facade requires review and approval by the Planning Board.
9. 
Accessory building height. Accessory buildings shall not exceed 12 feet in height.
10. 
Satellite dishes. Satellite dishes may not be mounted on any facade that faces Main Street, Talmage Avenue, Columbus Place, or Hamilton Street.
11. 
Entrances. When a building fronts onto more than one right-of-way, principal entrances should, if possible and practicable, be located on the corner.
021 005.tif 021 006.tif 021 008.tif
12. 
Historic preservation. All properties must comply with § 24-1 Historic Preservation.
e. 
Main street district place character standards.
1. 
Applicability. All regulations in paragraph e apply to those parcels identified in Subsection 21-10.15, Figure 1, as being in the Main Street District. (Figure 1 may be found at the end of this subsection.)
2. 
Intent. The intent of this Place Character district is to create a walkable, active Main Street that supports commercial and residential development.
3. 
Allowable and prohibited principal and accessory uses.
(a) 
The ground floor of all buildings must be an active use. For the purpose of this section, an active use is any use permitted on the Ground Floor.
(b) 
Any mix of uses is allowed, provided they are allowed on their respective floors.
(c) 
Permitted and Prohibited Principal Uses can be found in Subsection 21-10.15 - Figure 2. If a use is not listed, it shall be presumed to be prohibited.
(d) 
The following uses are explicitly prohibited in the Main Street District: new and used car lots, parking lots (but not offices) for automotive rentals, repairs and sales, junk yards, gas stations, outdoor amusements, trailer camps; warehouses and storage buildings, rooming and boarding houses, public garages, adult entertainment, adult bookstores, go-go dancing establishments, pool halls, bail bondsmen, pawn shops, and drive-in or drive-through establishments or facilities.
(e) 
Permitted and Prohibited Accessory Uses can be found in Subsection 21-10.15 - Figure 3.
21-10.15 - Figure 2. Principal Uses in Main Street District
KEY: P = Permitted; NP = Prohibited/Not Permitted; C = Conditional
Ground Floor
Above Ground Floor
Residential
Apartment/Condominium
NP
P
Elderly care, extended care, special care
NP
P
Live/Work (Artist)
NP
P
Live/Work (Professional)
NP
P
Single Family Detached
NP
NP
Townhouse Unit
NP
P
Twin Unit
NP
NP
Commercial
Bar (or Bar-Restaurant)
P
C
Bed & Breakfast
P
P
Business Services
P
P
Childcare Center
C
C
Educational Facilities, Specialized Instruction
P
P
Entertainment/Amusement/Theater
P
P
Financial Services
P
P
Financial Services (Drive Through)
NP
NP
Fitness Center, Commercial
P
P
Gallery, craft/antique stores
P
P
Hotel
P
P
Laboratory (medical/dental)
NP
NP
Liquor Store
P
C
Nightclub
NP
NP
Office, Professional
NP
P
Office, Medical
NP
P
Restaurant (Drive Through)
NP
NP
Restaurant (Full Service)
P
P
Restaurant (Take Out)
P
C
Retail Sales
P
C
Retail Services
P
NP
Institutional/Civic
Club, lodge, or fraternal organization
NP
P
Community Services
P
P
Cultural Uses (museum/gallery/library)
P
P
Government Office
P
P
Government Office
P
P
House of Worship
NP
P
Educational Facilities, Primary/Secondary
NP
NP
Educational Facilities, Post-Secondary
NP
NP
Educational Facilities, Vocational/Arts School
NP
NP
Light Industry
Rail station
P
P
Artisan workshops (with Retail frontage)
P
P
Warehouse, storage
NP
NP
Parking Garage (Structured)
21-10.15.e.10
21-10.15.e.10
21-10.15 - Figure 3. Accessory Uses in Main Street District
KEY: P = Permitted; NP = Prohibited/Not Permitted
Accessory Apartment
NP
Carport
NP
Private Garage
NP
Storage Shed
NP
Parking Deck
21-10.15.e.10
Surface Parking Lot
21-10.15.e.10
Sidewalk Café
21-10.15.d.2
Home Occupation
P
Street Furniture
P
Porches
NP
Balconies (projecting beyond Facade)
NP
Balconies (recessed)
See facade regulations
Signs
21-10.15.i
Loading Zones
P
Drive-through Facility
NP
4. 
Conditional Uses. Uses identified as conditional upper-story uses in Subsection 21-10.15 - Figure 2 are permitted provided they have a ground floor presence, including a dedicated entrance and ground floor space, or, at a minimum, a ground floor window display.
5. 
Building height.
(a) 
The standards in this section promote new construction that is consistent with the goals and objectives of the Downtown Urban Design Plan, which has been adopted as part of the Borough's Master Plan; legalize the existing fabric to allow for renovations and adaptive reuse of structures; discourage extensive demolition and redevelopment of existing structures; and protect the historic fabric that gives Downtown Bound Brook its character.
(b) 
Lots smaller than 10,000 square feet shall have a minimum and maximum building height of three stories or 40 feet, whichever is the lesser.
(c) 
Lots larger than 10,000 square feet shall have a minimum building height of three stories and a maximum building height of five stories or 70 feet, whichever is the lesser, provided that all stories above the first three stories (or 45 feet) are stepped back from the street facade plane by at least 10 feet.
(d) 
One- and two-story structures are allowed only if they were constructed before January 1, 2014.
6. 
Residential unit types.
(a) 
The future success of Downtown Bound Brook is dependent on offering a variety of housing options. No building with more than three residential units may provide only efficiency units. New construction and renovations shall contain a mix of one- and two-bedroom units.
7. 
Main street sidewalk setbacks.
(a) 
The standards in this section will ensure a consistent street wall along Main Street, Talmage Avenue, and Columbus Place and create opportunities for ample sidewalk space. Both conditions contribute to active and walkable streets.
(b) 
Buildings with 100 feet or more of street frontage shall provide a sidewalk setback of 20 feet.
(c) 
Buildings with less than 50 feet of street frontage shall have a sidewalk setback equal to the sidewalk setback of adjacent buildings or a zero-foot sidewalk setback, whichever is greater.
(1) 
In instances where adjacent buildings have different sidewalk setbacks, the building shall match the larger of the two setbacks.
(2) 
In instances where there are no adjacent buildings, the building shall be set back 20 feet.
(3) 
Any applicant seeking relief from the Main Street Sidewalk Setback regulation shall demonstrate that their project will not lead to a "saw tooth" street wall condition as illustrated in Subsection 21-10.15 - Figure 4, and will support the goal of making Main Street an active street.
21-10.15 - Figure 4. Saw Tooth Facade Condition
 
021 009.tif
8. 
Side yard standards.
(a) 
Main Street's character is partially defined by a continuous array of attached buildings that establish a well-defined street wall. The standards in this section ensure that new construction and renovations continue the street wall, help define the public space, make Main Street pedestrian friendly, and ensure ground floor uses activate the street.
(b) 
No side yards are allowed except when a side yard abuts a residential zone.
(c) 
When a side yard abuts a residential zone, that yard must have a minimum ten-foot setback and include plantings or other screening devices that will effectively protect the privacy of the residential neighbor.
(d) 
Applicants seeking relief from this section shall be required to demonstrate that any proposed deviation:
(1) 
Will substantially improve the pedestrian experience;
(2) 
Will serve as an amenity to residents and the public;
(3) 
Will not detract from a continuous street wall along Main Street, Columbus Place, or Talmage Avenue;
(4) 
Will have sufficient natural and artificial light, and be sufficiently visible from surrounding structures, to remain safe at all times, especially at night; and
(5) 
Will not serve to store electrical equipment, utility, trash, recycling or the like.
9. 
Rear yard setback.
(a) 
All buildings shall be built with a minimum twenty-foot rear yard setback except for lots abutting a residential district.
(b) 
Lots abutting a residential district shall observe a thirty-foot rear yard setback and include plantings or other screening devices that will effectively protect the privacy of the residential neighbor.
10. 
Parking.
(a) 
In addition to the regulations outlined in this section, all parking must conform to paragraph j., Parking.
(b) 
All surface and structured parking shall be located behind the principal structure in the rear yard. No front or side yard parking is allowed.
(c) 
Parking Decks are permitted as an accessory use in the Main Street District provided they meet the following conditions.
(1) 
Parking structures may not front onto any street. Any Parking Deck on a lot that abuts a street must be built with a Liner building of at least 30 feet in depth that separates the Parking Deck from right-of-way. Liner Buildings must comply with all standards in this code, including applicable Facade Regulations.
(2) 
Parking Decks may not exceed the height of its corresponding Liner Building.
(3) 
Parking Decks, not including Liner Buildings, are not required to comply with Facade Regulations. However, the design of Parking Decks shall consider and complement the design guidance provided for other buildings in this zone and be designed to complement the design of the liner building.
(4) 
Openings in the facade for ventilation shall be covered with decorative metal grilles or other decorative treatments. Climbing vegetation, artwork and/or other decorative treatments are encouraged to soften Parking Deck facades and increase visual interest.
(d) 
Relief considerations:
(1) 
A Parking Deck abutting Main Street, Talmage Avenue, Hamilton Street, or Columbus Place would be inconsistent with the Downtown Urban Design Plan.
(2) 
If the Zoning Board of Adjustment grants a variance to allow a Parking Deck to abut a public right-of-way, the structure shall be set back a minimum of 30 feet. The exposed facade shall be covered with artwork, plantings and/or other decorative treatment. The space between the sidewalk and the facade shall be designed as an attractive public space, with landscaping and street furniture.
11. 
Sidewalks and street trees.
(a) 
Sidewalks along Main Street and side streets shall be constructed of high strength colored and stamped patterned concrete as per the adopted Main Street standard.
(b) 
Approved street trees shall be provided 30 feet-on-center and follow the adopted Main Street standard.
12. 
Building types.
(a) 
The following building types are allowed in this district. All buildings must conform to paragraph h.
21-10.15 - Figure 5. Building Type in Main Street District
KEY: P = Permitted; NP = Not Permitted
Minimum Lot Size
(square feet)
Civic
P
5,000
Commercial Office Building
NP
5,000
Detached Single Family
NP
4,000
Liner Building
P
3,500
Live/Work
P
2,000
Mix Use
P
7,500
Parking Deck (with Liner Building)
P
15,000
Residential Elevator Flat
NP
10,000
Townhouse
NP
1,500
Twin
NP
3,000
See Subsection 21-10.15h for detailed explanation of building types
13. 
Facade regulations: All
(a) 
Intent of facade regulations:
(1) 
Establish a set of re-occurring architectural elements that reinforce the place character of Main Street and ensure harmony between different architectural styles and construction from different time periods. The intent is not to dictate architectural style. Downtown Bound Brook has, and should continue to have, a rich mix of architectural styles.
(2) 
Promote and encourage active street uses that make Main Street a pedestrian friendly environment.
(3) 
Facilitate renovations and adaptive reuse that is consistent with the character of the Downtown.
(b) 
All buildings will be built with a Base, Shaft and Crown. The regulations regarding Base, Shaft and Crown will govern all facades that face a public right-of-way.
21-10.15 - Figure 6. Base, Shaft, and Crown Illustrative Example
 
021 010.tif
(c) 
Materials.
(1) 
Permitted Primary Materials: Brick, Brick Veneers, Stone, Synthetic Stone
(2) 
Permitted Ground Floor Materials: Wood and Medium Density Fiberboard (MDF).
(3) 
Permitted (non-cornice) Crown Materials: clapboard.
(4) 
Permitted Secondary Materials: stucco and metal panels.
(5) 
Prohibited Materials: Those materials not specifically allowed are prohibited. This includes vinyls, metal siding, and fiber cement siding.
14. 
Facade regulation: Base.
(a) 
The intent of this section is to reinforce the rhythm of storefronts along Main Street in an effort to ensure an active street that is visually interesting and pedestrian-friendly.
(b) 
All ground floor facades will be divided into Storefront Sections of between 20 and 35 feet. Divisions between Storefront Sections will be identified through changes in materials, changes in color, and/or the use of horizontal bands.
(c) 
The base shall be finished with a cornice, horizontal decorative molding, or similar horizontal expression line.
(d) 
Entrances.
(1) 
All uses must have a principal entrance onto Main Street, Talmage Avenue, or Columbus Place.
(2) 
Commercial and residential uses must have separate street-facing entrances.
(e) 
Ground floor elevation. Ground-floors should be no more than 18 inches above sidewalk level, unless additional elevation is required by flood hazard area regulations.
(f) 
First story clear height. The first story shall be between 15 feet and 18 feet in height.
(g) 
All storefronts are encouraged to have an awning consistent with the standards in paragraph d.8.
(h) 
Doors, and Windows.
(1) 
Shop windows and door openings shall comprise at least 50% of the ground floor facade but not more than 75%.
(2) 
Ground floor windows must have a sill height of at least two feet but not more than three feet.
(3) 
No blank walls are permitted facing any street at the ground floor.
21-10.15 - Figure 7. Base Illustrative Example
 
021 011.tif
15. 
Facade regulation: Shaft.
(a) 
The intent of this section is to establish harmony with the existing building context.
(b) 
Facade strategies. All buildings in the Main Street Place Character District will employ one of the following Shaft Strategies:
(1) 
Traditional Main Street Strategy;
(2) 
Contemporary Main Street Strategy 1;
(3) 
Contemporary Main Street Strategy 2;
(4) 
Italianate Main Street Strategy; or
(5) 
Neoclassical Main Street Strategy.
(c) 
Windows and Bays:
(1) 
When feasible, windows on the shaft of a building will substantially align with those on adjacent buildings.
(2) 
Windows shall comprise no less than 30% and no more than 50% of the area of the shaft facade.
(3) 
Windows on the same story shall have the same sill height unless deemed appropriate by the Planning Board.
(4) 
Windows between horizontal breaks must be spaced equally and symmetrically.
(5) 
Main Street has no tradition of bay windows. No bay windows are allowed.
(d) 
Traditional Main Street Strategy.
(1) 
The intent of this strategy is to replicate the rhythm of attached buildings along Main Street.
(2) 
The front facade shall be broken into Sections between 20 feet and 35 feet in width.
(3) 
Sections should be distinguished through changes in material or material color. Changes in window pattern or style may accentuate changes in material or material color.
(4) 
Spacing of Shaft Sections must correspond to the spacing of Storefront Sections to create the appearance of a single structure.
(5) 
A single primary material should comprise 90% of all non-window areas within the shaft.
(6) 
Horizontal bands may be used to distinguish between floors.
21-10.15 - Figure 8. Main Street Illustrative Example
 
021 012.tif
(e) 
Contemporary Main Street Strategy 1.
(1) 
The intent of this strategy is to provide opportunities for contemporary building design while ensuring key architectural elements are consistently represented throughout the zone.
(2) 
The facade may be broken into Major and Minor Sections. Major Sections must be between 20 feet and 35 feet wide. Minor Sections must be between five feet and 15 feet wide.
(3) 
Breaks between Major and Minor Sections should accentuate breaks in Storefront Sections on the base.
(4) 
Major and Minor Sections shall be differentiated by the use of materials and, optionally, window patterns.
(5) 
A single primary material and a single secondary material should comprise 90% of all non-window areas within the shaft.
(6) 
All Major or all Minor Sections, but not both, will be consistently recessed from the facade plane between six inches and 12 inches. No recess will fall on the corner or edge of a building.
21-10.15 - Figure 9. Contemporary Main Street Strategy 1 Illustrative Example
 
021 013.tif
(f) 
Contemporary Main Street Strategy 2.
(1) 
The intent of this strategy is to provide opportunities for contemporary building design while ensuring key architectural elements are consistently represented throughout the zone.
(2) 
The facade may be broken into Major and Minor Sections. Major Sections must be between 25 feet and 35 feet wide. Minor Sections must be between 10 feet and 20 feet wide.
(3) 
Breaks between Major and Minor Sections should accentuate breaks in Storefront Sections on the base.
(4) 
Major and Minor Sections shall be differentiated by the use of materials and, optionally, window patterns.
(5) 
A single primary material and a single secondary material should comprise 90% of all non-window and non-balcony areas within the shaft.
(6) 
Minor Sections will be recessed from the facade plane at least five feet to create Recessed Balconies. Balcony railings shall be flush with the facade plane and be constructed of galvanized steel, wrought iron, finish grade woods, or sturdy recycled materials.
21-10.15 - Figure 10. Contemporary Main Street Strategy 2 Illustrative Example
 
021 014.tif
(g) 
Italianate main street strategy.
(1) 
The intent of this strategy is to provide opportunities for contemporary building design that contributes to architectural harmony by incorporating Italianate architectural elements found on the Voorhees Building, one of Bound Brook's iconic structures.
(2) 
Vertical bands.
(i) 
The Principal ground floor entrance must be accentuated by two vertical bands that divide the facade into two symmetrical "Divisions."
(ii) 
Vertical bands further break each "Division" into "Sections" between 10 feet and 30 feet in width.
(iii) 
A vertical band will fall on the corner of the facade.
(iv) 
Vertical bands will be no more than three feet wide and extend no more than six inches from the facade.
(v) 
Vertical bands need not be distinguished through changes in material.
(vi) 
Vertical bands will, when appropriate, accentuate Storefront Section breaks on the ground floor.
(3) 
Windows shall be designed with Sills as well as Hood-moulds or Labels.
(4) 
A single primary material should comprise 90% of all non-window areas within the shaft.
21-10.15 - Figure 11. Italianate Main Street Illustrative Example
021 015.tif
(h) 
Neoclassical Main Street Strategy.
(1) 
The intent of this strategy is to provide opportunities for contemporary building design that contributes to architectural harmony by incorporating neoclassical architectural elements found on the Elks Building, one of Bound Brook's iconic structures.
(2) 
Buildings with less than 70 feet of principal frontage along Main Street, Columbus Place, or Talmadge Avenue and less than 120 feet of side frontage do not have to be divided into Shaft Sections, provided that the facade meets the following standards:
(i) 
The facade shall be continuously constructed of high quality brick or masonry.
(ii) 
The facade shall be symmetrical.
(iii) 
In addition to meeting the window regulations in paragraph e,14(h), windows are designed with Sills as well as Hood-moulds or Labels.
21-10.15 - Figure 12. Neoclassical Main Street Illustrative Example
021 016.tif
16. 
Facade regulation: crown.
(a) 
Bound Brook has a historical tradition of flat roofs. All roofs shall be flat or have pitch sufficiently low as to be indiscernible from the ground.
(b) 
Green roofs are permitted and encouraged.
(c) 
Private outdoor space on rooftops is permitted and encouraged.
(d) 
Bound Brook has a historical tradition of cornices. Unless an Italianate Main Street Strategy is used on the Shaft, buildings of three stories or less shall have a cornice as the crown that extrudes a minimum of five inches and a maximum of 12 inches.
(e) 
If an Italianate Main Street Strategy is used on the Shaft, the crown will be an eave that extends no more than two feet with corbels or other decorative support brackets.
(f) 
Buildings of more than three stories shall have a ten-foot building step-back along street frontages. Those stories stepped back from the facade plane shall act as the building Crown and must conform to the following standards:
(1) 
Building step-backs may be of a different material than the Base.
(2) 
The rhythm of windows on the Crown should substantially match the rhythm of windows on the Shaft.
(3) 
Vertical bands and Minor Sections on the Shaft should continue through the Crown.
(4) 
Balconies:
(i) 
The area between the building facade plane and the step-back facade may accommodate balconies.
(ii) 
Balconies on the fourth floor may extend to the building facade plane.
(iii) 
Balconies on the fifth floor shall extend between six feet and eight feet from the step-backed facade.
(iv) 
Balcony railings must be constructed of galvanized steel, wrought iron, finish grade woods, or sturdy recycled materials.
(g) 
Cornices must be present at both the building step-back line (three stories) and at the top of the final story (4th or 5th story). Cornices will extrude a minimum of five inches and a maximum of 12 inches.
21-10.15 - Figure 13. Crown Elements
 
021 017.tif
21-10.15 - Figure 14. Three Story Building Crown Illustrative Example
 
021 018.tif
21-10.15 - Figure 15. Three Story Building Crown Illustrative Example
 
021 019.tif
17. 
Multiple facades.
(a) 
If a building has more than one facade that faces onto a public right-of-way, an applicant may employ different strategies on different facades provided the applicant demonstrates that the building will meet the goals and objectives of this code as determined by the Planning Board.
18. 
Relief from facade regulations.
(a) 
An applicant that does not wish to employ one of the above strategies should demonstrate that their proposal will:
(1) 
Reinforce the place character of Main Street, as illustrated throughout Subsection 21-10.15;
(2) 
Meet the objectives of the Downtown Urban Design Plan; and
(3) 
Support the means of achieving the Downtown Urban Design Plan as outlined in the Intent Section paragraph b.
19. 
Corner buildings.
(a) 
Buildings that have facades that front onto more than one street may demarcate the corner of the structure through the use of unique materials and window patterns subject to design review and approval from the Planning Board.
021 020.tif 021 021.tif 021 022.tif
f. 
Arts district place character standards.
1. 
Applicability.
(a) 
All regulations in paragraph f apply to parcels identified in Subsection 21-10.15 - Figure 1 as being in the Arts District. (Figure 1 may be found at the end of this subsection.)
2. 
Intent.
(a) 
The intent of the Arts District is to encourage an active, mixed-use, area with vibrant entertainment and cultural environment drawing residents, businesses, and visitors to the area. The area is envisioned as a walkable, active arts district with a strong concentration of commercial uses that are supportive of the arts.
(b) 
The Arts district is created to increase awareness and support for arts, culture, and the creative economy in the Borough of Bound Brook.
3. 
Findings of fact.
(a) 
Art- and culture-related uses and organizations add cultural and economic diversity to the Borough; enhance the lives of the Borough's residents and visitors and positively impact the Borough's economy by generating jobs and revenue and retaining a competitive workforce.
(b) 
The co-location of art- and culture-related uses and organizations within a defined Arts and Cultural District within the Borough will enhance those businesses and organizations to more effectively promote their common interests.
(c) 
The location of art- and culture-related uses and organizations within close proximity within the Borough will encourage the growth of creative industries, as well as complementary businesses, thus increasing the overall economic activity within the District and other neighboring areas.
(d) 
Art and arts-related uses can increase the value of a development projects, help to lease space more quickly, enhance the image of the community, promote cultural tourism, and provide a visible and lasting contribution to the community.
(e) 
Art and arts-related development enriches and celebrates community identity.
4. 
Allowable and prohibited principal and accessory uses.
(a) 
The ground floor of all buildings must be an active use. For the purpose of this section, an active use is any use permitted on the Ground Floor.
(b) 
Any mix of uses is allowed, provided they are allowed on their respective floors.
(c) 
Permitted and Prohibited Principal Uses can be found in Subsection 21-10.15 - Figure 16 below. If a use is not listed, it shall be presumed to be prohibited.
(d) 
The following uses are explicitly prohibited in the Arts District: new and used car lots, parking lots for automotive rentals, repairs, and sales, junk yards, gas stations, outdoor amusements, trailer camps; warehouses and storage buildings, rooming and boarding houses, public garages, adult entertainment, adult bookstores, go-go dancing establishments, tattoo parlors, massage parlors, tanning salons, pool halls, bail bondsmen, pawn shops, and drive-in or drive-through establishments or facilities.
(e) 
Permitted, Conditional, Prohibited Accessory Uses can be found in Subsection 21- 10.15 - Figure 17 - Accessory Uses in Arts District.
5. 
Conditional uses.
(a) 
Uses identified as conditional upper-story uses in Subsection 21-10.15 - Figure 17 are permitted provided they have a ground floor presence, including a dedicated entrance and ground floor space, or, at a minimum, a ground floor window display.
21-10.15 - Figure 16. Principal Uses in Arts District
KEY: P = Permitted; NP = Prohibited/Not Permitted; C = Conditional
Ground Floor
Above Ground Floor
Residential
Apartment/Condominium
NP
P
Elderly care, extended care, special care
NP
P
Live/Work (Artist)
P
P
Live/Work (Professional)
NP
P
Single Family Detached
NP
NP
Townhouse Unit
NP
P
Twin Unit
NP
NP
Commercial
Bar (or Bar Restaurant)
P
C
Bed & Breakfast
NP
P
Business Services
P
P
Childcare Center
NP
P
Creative Economy Business
P
P
Educational Services, Specialized Instruction
NP
P
Entertainment/Amusement/Theater
P
P
Financial Services
P
P
Financial Services (Drive Through)
NP
NP
Fitness Center, Commercial
P
P
Gallery, craft/antique stores
P
P
Hotel
P
P
Laboratory (medical/dental)
NP
NP
Liquor Store
NP
NP
Nightclub
P
P
Office, Professional
NP
P
Office, Medical
NP
P
Restaurant (Drive Through)
NP
NP
Restaurant (Full Service)
P
P
Restaurant (Take Out)
P
NP
Retail Sales
P
C
Retail Services
P
C
Institutional/Civic
Arts Administration
P
P
Club, lodge, or fraternal organization
NP
P
Cultural Uses (museum/gallery/library)
P
P
Educational Facilities, Post-Secondary
NP
NP
Educational Facilities, Primary/Secondary
NP
NP
Educational Facilities, Vocational/Arts School
P
P
Government Office
P
P
Hospital/Medical Center
NP
NP
House of Worship
NP
P
Visual/Performing Arts
P
C
Light Industry
Artisan workshops (with Retail frontage)
P
P
Warehouse, storage
NP
NP
Parking Deck
NP
NP
21-10.15 - Figure 17. Accessory Uses in Arts District
KEY: P = Permitted; NP = Prohibited/Not Permitted
Ground Floor
Above Ground Floor
Accessory Apartment
NP
Carport
NP
Private Garage
NP
Storage Shed
NP
Parking Deck
NP
Surface Parking Lot
21-10.15.f,11
Sidewalk Cafe
21-10.15.d,2.
Home Occupation
P
Street Furniture
P
Porches
NP
Balconies (Projecting from facade)
NP
Balconies (Recessed)
See facade regulations
Signs
21-10.15.i.
Loading Zones
P
Drive-through Facility
NP
6. 
Building height.
(a) 
The standards in this section:
(1) 
Legalize the existing fabric to allow for renovations and adaptive reuse of structures;
(2) 
Discourage extensive demolition and redevelopment of existing structures and protect the historic fabric that gives Downtown Bound Brook its character; and
(3) 
Promote the goals and objectives of the Downtown Urban Design Plan.
(b) 
A maximum building height of three stories or 40 feet, whichever is the lesser, for buildings facing Main Street; and two stories or 30 feet for buildings facing Hamilton Street, Maiden Lane and West 2nd Street.
(c) 
One-story buildings are not allowed unless built before August 12, 2014.
(d) 
Additional building height can be achieved through the provision of Arts space as detailed in Arts Bonus paragraph f.18.
7. 
Hamilton street sidewalk setback.
(a) 
The standards in this section will ensure a consistent street wall along Hamilton Street and create opportunities for ample sidewalk space. Both conditions contribute to active and walkable streets.
(b) 
All buildings shall have a sidewalk setback equal to the sidewalk setback of adjacent buildings, or a zero foot yard setback, whichever is greater.
(c) 
In instances where adjacent buildings have different sidewalk setbacks, the building shall match the larger of the two setbacks.
(d) 
In instances where there are no adjacent buildings, the building shall be setback an average of the two closest buildings.
(e) 
Among other criteria, any applicant seeking relief from the Hamilton Street Sidewalk Setback may be required to demonstrate that their project:
(1) 
Will not lead to a "saw tooth" street wall condition as illustrated in 21-10.15 - Figure 18;
(2) 
Will support the goal of making Hamilton Street an active street.
21-10.15 - Figure 18. Saw Tooth Diagram
 
021 023.tif
8. 
Side yard standards.
(a) 
Hamilton Street character is partially defined by a continuous array of attached buildings that establish a well-defined street wall. The standards in this section ensure that new construction and renovation continue the street wall, help define the public space, make Hamilton Street pedestrian friendly, and ensure ground floor uses activate the street.
(b) 
No side yards are allowed except when side yard abuts a residential zone.
(c) 
When a side yard abuts a residential zone, that yard must have a minimum ten-foot setback and include plantings or other screening devices that will effectively protect the privacy of the residential neighbor.
(d) 
Among other criteria, applicants seeking relief from this regulation may be required to demonstrate that any such element.
(1) 
Would substantially improve the pedestrian experience;
(2) 
Would serve as an amenity to residents and the public;
(3) 
Would not detract from a continuous street wall along Hamilton Street;
(4) 
Would have sufficient natural and artificial light, and be sufficiently visible from surrounding structures, to remain safe at all times, especially at night;
(5) 
Would not serve to store electrical equipment, utilities, trash, recycling or the like.
9. 
Rear yard setback.
(a) 
All buildings shall be built with a minimum ten-foot rear yard setback except when the B/R Zone abuts a residential zone.
(b) 
When a rear yard abuts a residential zone, that yard must have a minimum twenty-foot setback and include plantings or other screening devices that will effectively protect the privacy of the residential neighbor.
10. 
Public art.
(a) 
The intent of this section is to encourage the construction and display of public art in the Arts District. This section does not extend to the display of installations with religious connotations or affiliations.
(b) 
Temporary public art installations on the public right-of-way are those intended to remain less than 60 days. They are permitted subject to approval by the Administrative Officer. Applicants must provide a date by when the installation will be removed. Installations not removed by the designated date shall be fined $50 per day.
(c) 
Permanent public art installations on the public right-of-way are permitted subject to Planning Board design review. Applicants must provide a concept plan showing all details of the installation, as well as a plan for regular maintenance of any installation.
(d) 
Art installations on sidewalks are encouraged provided they allow at least six feet of unobstructed sidewalk for pedestrians. The minimum distance shall be measured from the portion of the installation nearest to any obstruction within the sidewalk area. For purposes of determining the minimum clear path, parking meters, traffic signs, trees, and all similar obstacles shall constitute obstruction.
(e) 
Art installations on building facades and walls are encouraged and should primarily consist of murals or other decorative pieces that do not project from the facade more than six inches. Installations on buildings should not obscure architectural details and shall not obstruct windows, doorways or emergency exits.
(f) 
Art installations may not include commercial messaging. Signs are not considered art for the purposes of this section.
(g) 
The following art installations shall receive the highest level of design scrutiny by the Planning Board and pose the highest risk of creating a nuisance for the community. If any installation has any of the qualities listed below, Planning Board approval is necessary, even for a Temporary Installation.
(1) 
Those involving lighting.
(2) 
Those installations not on a building and which exceed the maximum accessory building height.
(3) 
Those installations on a roof or attached to a facade which exceed the maximum building height requirements of the building in this sub-district.
11. 
Parking.
(a) 
All parking must conform to Parking, paragraph j.
(b) 
Parking Decks are not permitted as an accessory or principal use in the Arts District.
(c) 
All parking shall be located behind the principal structure in the rear yard. No front or side yard parking is allowed.
12. 
Building types.
(a) 
The building types listed in Subsection 21-10.15 - Figure 19 - Building Type in Arts District are allowed in this district. All buildings must conform to paragraph h.
21-10.15 - Figure 19. Building Type in Arts District
KEY: P = Permitted; NP = Not Permitted
Minimum Lot Size
(square feet)
Civic
P
5,000
Commercial Office Building
NP
5,000
Detached Single Family
NP
4,000
Liner Building
P
3,500
Live/Work
P
2,000
Mix Use
P
7,500
Parking Deck (with Liner Building)
NP
15,000
Residential Elevator Flat
NP
10,000
Townhouse
NP
1,500
Twin
NP
3,000
See Subsection 21-10.15.h for detailed explanation of building types
13. 
Facade regulations. All
(a) 
Intent of facade regulations.
(1) 
Establish a set of recurring architectural elements that will reinforce the place character of Hamilton Street as an Arts District and ensure harmony between different architectural styles. The intent is not to dictate architectural style. Downtown Bound Brook has, and should continue to have, a rich mix of architectural styling.
(2) 
Promote and encourage active street uses that make Hamilton Street a pedestrian friendly environment that is an attractive arts destination.
(3) 
Facilitate renovations and adaptive reuse that is consistent with the character of the area.
(b) 
All buildings will be built with a Base, Shaft, and Crown. The regulations regarding Base, Shaft, and Crown will govern all facades that face a public right-of-way.
(c) 
Materials.
(1) 
Permitted primary materials. Brick, Brick Veneers, Stone, Synthetic Stone.
(2) 
Additionally permitted ground floor materials. Wood and Medium Density Fiberboard (MDF). Additionally metal construction on window storefronts only.
(3) 
Additionally permitted (non-cornice) crown materials: clapboard.
(4) 
Permitted secondary materials: Stucco or Metal Panels.
(5) 
Prohibited materials: Those materials not specifically allowed are prohibited. This includes vinyls, metal siding and fiber cement siding.
14. 
Facade regulation. Base.
(a) 
The intent of this section is to reinforce the rhythm of storefronts along Hamilton Street in an effort to provide a more active street that is pedestrian friendly.
(b) 
All ground floor facades will be divided into Storefront Sections between 20 feet and 35 feet. Divisions between Storefront Sections will be identified through changes in materials, changes in color, and/or the use of columns. Columns shall not extend beyond the facade more than six inches.
(c) 
Entrances.
(1) 
All uses must have a principal entrance onto Hamilton Street.
(2) 
Commercial and residential uses must have separate street-facing entrances.
(d) 
Ground-floor elevation. Ground-floors should be no more than 18 inches above sidewalk level, unless a higher elevation is required by Flood Hazard Area regulations.
(e) 
First story clear height. The first story shall not exceed 18 feet in height.
(f) 
All storefronts are permitted to have an awning or overhang that is consistent with the standards in paragraph d.8.
(g) 
Doors, and Windows.
(1) 
Shop windows and door openings shall comprise at least 50% of the ground floor facade but not more than 75%.
(2) 
Ground floor windows must have a sill height of at least two feet but not more than three feet.
(3) 
No blank walls are permitted facing the street at the ground floor.
15. 
Facade regulation. Shaft and Crown.
(a) 
Facade strategies.
(1) 
All buildings in the Main Arts Place Character District will employ one of the following Shaft and Crown Strategies:
(i) 
Traditional Arts District Strategy;
(ii) 
Contemporary Arts District Strategy; or
(iii) 
Neoclassical Arts District Strategy.
(b) 
Windows.
(1) 
The Shaft of all facades, unless otherwise noted, will conform to the following regulations regarding windows and bays.
(i) 
When feasible, windows on the shaft of a building will substantially align with windows on adjacent buildings.
(ii) 
Windows shall comprise no less than 30% and no more than 50% of the area of the shaft facade.
(iii) 
Windows on the same story shall have the same sill height unless deemed appropriate by the Planning Board.
(iv) 
Windows between horizontal bands must be spaced equally and symmetrically.
(v) 
Hamilton Street has no tradition of Bay windows. No Bay windows are allowed.
(c) 
Crown. The Crown of all buildings shall be a cornice and conform to the restrictions outlined in each Facade Strategy.
(d) 
Green roofs. Green roofs are permitted and encouraged.
(e) 
Rooftop amenities. Private outdoor space on rooftops is permitted and encouraged.
16A. 
(16)=16A. Traditional Arts District Strategy (Shaft and Crown).
(a) 
Shaft.
(1) 
The shaft shall be divided into Shaft Sections that correspond to Storefront Sections. This can be achieved through:
(i) 
The use of vertical bands which are distinct in material from the Principal facade material;
(ii) 
Vertical bands that are extruded less than six inches from the facade; and/or
(iii) 
A break in the rhythm of windows.
(b) 
Crown.
(1) 
Bound Brook has a historical tradition of flat roofs. All roofs shall be flat or have pitch sufficiently low as to not be discernible from the ground.
(2) 
Buildings employing Traditional Arts District Strategy may not exceed two stories or 30 feet.
(3) 
The Crown shall be a parapet that meets the following standards:
(i) 
Within a Section, the parapet shall vary in height;
(ii) 
The parapet variations shall accentuate divisions between Sections of the building; and
(iii) 
Parapet variations shall accentuate horizontal bands.
(iv) 
The parapet shall be symmetrical within each Section.
21-10.15 - Figure 20. Arts District Facade Regulations Illustrative Example 1
 
021 024.tif
16B. 
Contemporary Arts District Strategy (Shaft and Crown).
(a) 
Shaft.
(1) 
The shaft shall be divided into Shaft Sections that correspond to Storefront Sections. This can be achieved through:
(i) 
The use of vertical bands which are distinct in material from the Principal facade material;
(ii) 
Vertical bands that are extruded less than six inches from the facade; and/or
(iii) 
A break in the rhythm of windows.
(b) 
Crown.
(1) 
Bound Brook has a historical tradition of flat roofs. All roofs shall be flat or have pitch sufficiently low as to be indiscernible from the ground.
(2) 
Bound Brook has a historical tradition of cornices. Buildings shall have a cornice as the crown that extrudes a minimum of five inches and a maximum of 12 inches.
21-10.15 - Figure 21. Contemporary Arts District Strategy
 
021 025.tif
17. 
Neoclassical Arts District Strategy (Shaft and Crown).
(a) 
Shaft.
(1) 
The intent of this strategy is to provide opportunities for contemporary building design that contributes to architectural harmony by incorporating neoclassical architectural elements found on the Elks Building, one of Bound Brook's iconic structures.
(2) 
Buildings with less than 70 feet of principal frontage along Hamilton Street, Maiden Lane, or West 2nd Street and less than 120 feet of side frontage do not have to be divided into Shaft Sections, provided that the facade meets the following standards:
(i) 
The facade shall be continuously constructed of high quality brick or masonry.
(ii) 
The facade shall be symmetrical.
(iii) 
In addition to meeting the window regulations in paragraph e,14(h), windows are designed with Sills as well as Hood-moulds or Labels.
(b) 
Crown.
(1) 
Bound Brook has a historical tradition of flat roofs. All roofs shall be flat or have pitch sufficiently low as to be indiscernible from the ground.
(2) 
Bound Brook has a historical tradition of cornices. Buildings utilizing the Neoclassical Arts District Strategy shall have a cornice as the crown that extrudes a minimum of five inches and a maximum of 12 inches.
21-10.15 - Figure 22. Neoclassical Arts District Illustrative Example
 
021 026.tif