[Ord. No. 751 § 27-1.1; Ord. No. 879 § 1; amended 11-20-2018 by Ord. No.
1065-2018; 9-8-2020 by Ord. No. 1093-2020. Additional amendments
noted where applicable.]
a.
For the
purpose of this chapter, the Borough of Peapack and Gladstone is hereby
divided into the following zones known as:
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RE
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Rural Estate Zone
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RR-5
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Rural Residential Zone
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RR-3
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Rural Residential Zone
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RR-2
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Rural Residential Zone
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RR-1
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Rural Residential Zone
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R-18
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Residential Zone
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R-11
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Residential Zone
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AH
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Affordable Housing District
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MU-AH-R
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Mixed-Use Affordable Housing Rehabilitation Redevelopment Zone
[Amended 5-24-2022 by Ord. No. 1112-2022] |
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VN
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Village Neighborhood Zone
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LI
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Office Research/Light Industry Zone
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ORL
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Office Research Laboratory Zone
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AH-O
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Affordable Housing Overlay Zone
[Added 5-24-2022 by Ord. No. 1112-2022] |
[Ord. No. 751 § 27-1.2; Ord. No. 876A § 1; Ord. No. 879 § 2; amended 11-20-2018 by Ord. No.
1065-2018]
The location and boundaries of the above zones are hereby established on the Zoning Map dated January 31, 2006, which is attached herein and made part of this chapter.[1]
a.
Zoning Map Amendments.
[1]
The Zoning Map is included as an attachment to this chapter. See the official copy in the Borough offices for any subsequent amendments.
[Ord. No. 751 § 27-1.3]
Whenever an uncertainty or ambiguity exists as to the true location
of any boundary line of any zone shown on the map, the following rules
shall apply:
a.
Center lines. Boundary lines indicated as following or approximately
following streets, highways or other public or private ways shall
be construed to follow the center lines thereof.
b.
Platted Lines. Boundaries indicated as following or approximately
following platted lot lines shall be construed as following such lot
lines as the same appear on the Tax Maps of the Borough, as revised.
c.
Borough Lines. Boundaries indicated as following or approximately
following Borough lines shall be construed as following such Borough
lines.
d.
Shorelines. Boundaries indicated as following or approximately following
shorelines shall be construed to follow such shorelines but, in the
event of change in the shorelines, shall be construed as moving with
the actual shoreline. Boundaries indicated as following streams, rivers
or other bodies of water shall be construed as following the center
lines thereof.
e.
In cases of uncertainty or disagreement as to the true location of
any zone boundary line, the determination thereof shall be with the
Land Use Board.
[Ord. No. 751 § 27-1.4; Ord. No. 817 § 1; Ord. No. 879 § 3]
The Table of Height, Area and Other Bulk Requirements is contained in Schedule I, included as an attachment to this chapter, and is hereby made a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
[Ord. No. 751 § 27-1.5; Ord. No. 912 § 1]
a.
This article shall be viewed as permissive. No use or structure shall
be permitted in the Borough which is not listed as a permitted, accessory
or conditional use or unless variance relief is granted by the Land
Use Board in accordance with N.J.S.A. 40:55D-70d(1) of the Municipal
Land Use Law.
b.
However, notwithstanding Subsection 23-38.5a of this article hereinabove or any other provision of this article to the contrary, municipally sponsored affordable housing developments shall be permitted on municipally owned lands in any zoning district within the Borough, and the type of housing, density and all area, bulk and setback provisions shall be as determined by the Borough Council to achieve the desired number of affordable housing units credits in accordance with the "Substantive Rules" of the New Jersey Council on Affordable Housing (COAH).
[Ord. No. 751 § 27-1.7;
Ord. No. 912 § 1; amended 6-15-2021 by Ord. No. 1100-2021]
Notwithstanding the above, the following uses are specifically
prohibited in the Borough:
a.
Fuel storage facilities or distributing plants, but excluding customary
fuel storage for on-site residential, agricultural and horticultural
uses.
b.
Junkyards and open lots containing derelict, inoperable, wrecked
or damaged motor vehicles or equipment, including those partly dismantled
or disassembled or those awaiting or requiring extensive repairs.
c.
Stockyards, abattoirs, slaughterhouses or other animal processing
operations.
d.
Manufacture or storage of gasoline, naphtha, benzene, toluene, propane
and other highly flammable or explosive gases or liquids, corrosive
acids, caustics or chemicals or any highly toxic substances as a principal
use and except as otherwise expressly permitted in and by this article.
e.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P. L. 2021, c.
16, but not the delivery of cannabis items and related supplies by
a delivery service.
[Added 6-15-2021 by Ord. No. 1100-2021]
[1]
Editor's Note: Former Subsection 23-38.6, Conditional Uses,
previously codified herein and containing portions of Ordinance No.
27-1.6, was repealed in its entirety by Ordinance No. 912.
[Ord. No. 751 § 27-2.1; Ord. No. 780 § 3; Ord. No. 805 § 2; Ord.
No. 876A § 2; Ord. No.
1015-2015 §§ 1, 2; Ord. No. 1031-2016]
a.
Purposes. The purposes of these zones are to:
1.
Protect the natural and estate character of this area of the Borough
from the adverse impacts of development.
2.
Preserve the rural character of the environs of the Borough and the
beauty of the area so as to lessen the effect of artificially imposed
development.
3.
Foster long term social, economic, aesthetic and environmental interests
of the people of the Borough.
4.
Provide an equitable, understandable development mechanism that establishes
clearly definable goals and balances the public interest with the
distinct economic (backed) expectations of persons owning property
in those zones, through the encouragement of development of compatible
land uses.
b.
Principal Permitted Uses.
1.
Single-family detached dwellings.
2.
Agricultural, horticultural, silvicultural and equestrian uses.
3.
Municipally owned and operated buildings, structures and land used
for public purposes.
4.
An Age-Restricted Residential Housing Community, only where indicated on the Zoning Map and in accordance with the requirements specified in subsection 23-39.9 of this section.
c.
Accessory Uses.
1.
Uses and structures which are both customary and incidental to one
(1) of the foregoing principal uses, including but not limited to,
personal recreation facilities, private garages, off-street parking,
toolsheds, stables and equine, agricultural and horticultural structures.
2.
Home offices.
3.
Sale of agricultural, horticultural and silvicultural products grown
at the site.
4.
Barns, silos and other agricultural and horticultural structures
used in connection with agricultural and horticultural uses.
5.
Dwellings for caretakers and guests, subject to the following conditions:
(a)
Lot size must be six (6) acres or more.
(b)
No such dwelling may be developed on a lot not containing a
principal residence.
(c)
Maximum floor area - 2,000 square feet.
(d)
Occupancy by and as a single housekeeping unit, only.
(e)
Occupancy as to guests shall be limited to temporary and completely
gratuitous occupancy by social guests of the owner of the principal
residence.
(f)
Occupancy by caretakers shall be limited to occupancy by a single
housekeeping unit, at least one (1) of whose members provides substantial
services in the principal residence or on the subject property, and
occupancy of the dwelling is provided by the owner of the property
solely in exchange of such services. Such services may include repair
and maintenance of the building and grounds, security services and
personal services rendered to occupants of the principal residence,
such as, the services of a chauffeur, domestic, social secretary,
and the like.
(g)
Sanitary disposal facilities for a dwelling for guests and caretakers
shall be approved by the Board of Health of the Borough of Peapack
and Gladstone.
6.
Boarders, in principal residence only.
d.
Conditional Uses.
1.
Home occupations.
2.
(Reserved)
3.
(Reserved)
4.
(Reserved)
5.
Private recreation facility.
6.
(Reserved)
7.
Wireless communication antennas on wireless communication towers on lands within the "RE" Rural Estate zone only, and only on lands within the "RE" zone with an existing grade at least five hundred (500) feet above sea level, in accordance with the conditions, standards and limitations specified in subsection 23-40.15 of this chapter.
e.
Density, Area and Bulk Requirements.
1.
Maximum Tract Density: .1 unit per acre in the RE zone; .2 units
per acre in the RR-5 zone. Rounding shall not apply. Accessory dwellings
for caretakers and guests shall not be included in the computation
of tract density.
2.
Minimum Lot Size: 5 acres in the RE zone; 3 acres in the RR-5 zone.
3.
Minimum Setback from Any Property Line: 50 feet, except for frontage
along a public ROW, the setback shall be 100 feet.
4.
Minimum Road Frontage: 50 feet unless access is provided via a common
driveway. Lots utilizing common drives for access shall not be required
to have frontage on an improved public street.
5.
Maximum Height: 35 feet.
6.
Access: Access may be provided by existing public streets, common
driveways serving not more than four (4) principal dwelling units
or by rural lanes serving not more than ten (10) principal dwelling
units.
7.
Maximum Lot Size: 25 acres in the RE zone; 15 acres in the RR-5 zone.
[Ord. No. 1031-2016]
f.
Conservation Easements and Deed Restrictions.
1.
The maximum number of lots shall be determined by the density calculation.
Where the tract's development potential has been fully utilized, deed
restrictions against further subdivision in violation of the density
calculation shall be required as to those lots which are capable of
further subdivision.
2.
Environmentally sensitive lands regulated by DEP shall be protected
by conservation easements.
3.
Farm roads and accessways used for agricultural or horticultural
purposes shall be exempt from conservation easements. Conservation
easements shall except waivers, transition averaging mechanisms, and
other exceptions permitted by regulation or ruling of the New Jersey
Department of Environmental Protection or the U.S. Soil Conservation
Service.
g.
Pre-existing Nonconforming Lots. Any lot legally in existence prior
to adoption of this chapter and in excess of five (5) acres may be
developed with a single-family home without the necessity of a variance.
This applies whether or not adjoining property is in common ownership.
[Ord. No. 751 § 27-2.2; Ord. No. 780 § 3; Ord. No. 1015-2015 § 1]
b.
Accessory Uses.
1.
Uses and structures which are both customary and incidental to the
principal use, such as, but not limited to, off-street parking, private
garages and sheds.
2.
Home offices.
3.
Boarders, in principal residence only.
4.
Stables in the RR-3, provided they meet the standards of accessory
structures.
[1]
Editor's Note: Former subsection 23-39.3, R-2A Residential
Cluster Zone, previously codified herein and containing portions of
Ordinance Nos. 751 and 780, was repealed in its entirety by Ordinance
No. 879.
[Added 11-20-2018 by Ord. No. 1065-2018; amended 9-8-2020 by Ord. No. 1093-2020]
a.
Purpose. The purpose of this zoning district is to encourage the
construction of low- and moderate-income housing in conformance with
the latest procedural and substantive rules for affordable housing
as determined by the Courts or other applicable authority, by permitting
100% affordable townhouse and multifamily housing development and
adult special needs housing (group homes) subject to the AH regulations
enumerated herein. This section is created in fulfillment of a settlement
agreement by and between the Borough of Peapack and Gladstone, New
Jersey, and the Fair Share Housing Center in connection with the Borough
of Peapack and Gladstone declaratory judgment action captioned "In
the Matter of the Application of the Borough of Peapack and Gladstone"
bearing docket number SOM-L-905-15 pursuant to In re the Adoption
of N.J.A.C. 5:96 and 5:97 by the Council on Affordable Housing, 221
N.J. 1 (2015) and to implement the 2020 Borough of Peapack and Gladstone
Fair Share Plan. Regulations contained herein are intended to supersede
existing development regulations only to the extent where they may
pose a conflict between competing requirements. Where existing provisions
of the Land Development Code do not pose a conflict, those sections
shall apply.
c.
Accessory Uses. Any use which is ordinarily subordinate and customarily
incidental to the principal permitted uses allowed in the AH Zone,
including but not limited to decks, patios and residential amenities
provided for the use and enjoyment of the residents of the development
only.
d.
Maximum Density.
e.
Townhouse and multifamily area, external yard and bulk requirements
shall be as follows:
f.
Group home standards area, external yard and bulk requirements shall
be as follows:
1.
Minimum lot area (acres): one.
2.
Minimum lot width (feet): 150.
3.
Minimum lot depth (feet): 150.
4.
Minimum distance between buildings (feet): 20.
6.
Maximum number of stories and building height: 2 1/2 stories/35
feet.
7.
Maximum building lot coverage: 35%.
8.
Maximum impervious lot coverage: 65%.
h.
Site Development Requirements.
1.
Landscaping.
(a)
Landscaping shall be provided to promote a desirable visual
environment, to accentuate building design, define entranceways, screen
parking areas, mitigate adverse visual impacts and provide windbreaks
for winter winds and summer cooling for buildings, and enhance buffer
areas. The impact of any proposed landscaping plan at various time
intervals shall be considered. Plants and other landscaping materials
shall be selected in terms of aesthetic and functional considerations.
The landscape design shall create visual diversity and contrast through
variation in size, shape, texture and color. The selection of plants
in terms of susceptibility to disease and insect damage, wind and
ice damage, habitat (wet-site, drought, sun and shade tolerance),
soil conditions, growth rate, longevity; root pattern, maintenance
requirements, etc., shall be considered. Consideration shall be given
to accenting site entrances and unique areas with special landscaping
treatment. Flowerbed displays are encouraged.
(b)
Landscaped islands shall be at least six feet in width to accommodate
plantings.
(c)
A minimum ten-foot landscaped buffer consisting of a dense evergreen
mass shall be planted along the perimeter of the property to form
a screen from adjoining properties.
(d)
Landscaping within sight triangles shall not exceed a mature
height of 30 inches. Shade trees shall be pruned up to an eight-foot
branching height above grade.
(e)
All areas that are not improved with buildings, structures and
other man-made improvements shall be landscaped with trees, shrubs,
ground cover, street furniture, sculpture or other design amenities.
(f)
Shade trees shall be a minimum 2.5- to three-inch caliper with
a canopy height of at least the minimum American Nursery and Landscape
Association Standards for this caliper.
(1)
Ornamental trees shall be installed at a minimum size of six
feet in height.
(2)
Shrubs shall be planted at a minimum size of 18 inches to 24
inches.
(3)
All plant material shall meet the minimum latest American Nursery
and Landscape Association Standards.
(4)
Irrigation shall be provided for all landscape and lawn areas
in a manner appropriate for the specific plant species.
(5)
A growth guarantee of two growing seasons shall be provided,
and all dead or dying plants shall be replaced by the applicant, as
required, to maintain the integrity of the site plan.
(g)
Landscape Plantings. The preference is for all plant materials
to be indigenous to the region herein defined as the Somerset County
region but in no event shall the plant materials be comprised of less
than 50% indigenous species.
(h)
Landscape Plan Content. A landscape plan shall be submitted
with each major site plan or major subdivision application. In addition
to the major site plan or subdivision submission requirements, the
landscape plan shall include and identify the following information:
(1)
Existing and proposed underground and aboveground utilities
such as site lighting, transformers, hydrants, manholes, valve boxes,
etc., existing wooded areas, rock outcroppings and existing and proposed
water bodies.
(2)
Existing and proposed topography and location of all landscaped
berms.
(3)
Location, species and sizes of all proposed shade trees, ornamental
trees, evergreen trees and shrubs and areas for lawns or any other
ground cover. Different graphic symbols shall be used to show the
location and spacing of shade trees, ornamental trees, evergreen trees,
shrubs and ground cover. The size of the symbol must be representative
of the size of the plant shown to scale.
(4)
A plant schedule indicating botanical name, common name, size
at time of planting (caliper, height and spread), quantity, root condition
and any special remarks (spacing, substitutions, etc.) for all plant
material proposed. Plants within the plant schedule shall be keyed
to the landscape plan utilizing the first letter of the botanical
plant name.
(5)
Planting and construction details and specifications.
2.
Lighting.
(a)
All lighting fixtures and footcandle standards for parking areas
and recreation facilities shall be consistent with the standards outlined
by the Illuminating Engineering Society of North America (IESNA).
(b)
A lighting plan prepared by a qualified professional shall be
provided with site plan applications.
(c)
The intensity, shielding, direction and reflecting of lighting
shall be subject to site plan approval by the Land Use Board.
(d)
All parking areas, walkways, building entrances, and driveways
required for uses in this zone shall be adequately illuminated during
the hours of operation that occur after sunset.
(e)
Lighting shall be shielded so as to prevent glare from adversely
impacting surrounding properties.
3.
Sidewalks. Within the development, sidewalks shall be required in
accordance with the RSIS standards or as deemed appropriate by the
Board.
4.
Identification Sign. One wall-mounted, nonilluminated address sign
is permitted for each building with a maximum area of five square
feet per sign, as well as a ground-mounted sign, at any site driveway,
setback from the property line by 10 feet and with a maximum sign
area of 32 square feet and height of six feet (including base), which
may be internally or externally illuminated. The base of the monument
sign shall be appropriately landscaped.
[1]
Editor's Note: Former subsection 23-39.5, R-6 Residential
Zone, previously codified herein and containing portions of Ordinance
Nos. 751 and 780, was repealed in its entirety by Ordinance No. 879.
[Ord. No. 751 § 27-2.6; Ord. No. 759 §§ 7, 8; Ord. No. 780 § 3; Ord. No. 966 § 1; Ord.
No. 1030-2016 §§ 1,2]
a.
Purpose. To preserve the established village character while permitting
development consistent with the existing streetscape in the villages.
b.
Principal Permitted Uses.
1.
Single- and two-family dwellings.
2.
Houses of worship.
3.
Public or private schools approved by the State of New Jersey, Department
of Education.
4.
Government facilities.
5.
Municipally sponsored affordable housing subject to the following:
(a)
One hundred (100%) percent of the dwelling units shall be affordable
to low and moderate income households.
(b)
Minimum acreage: two and one-half (2 1/2) acres.
(c)
Minimum setbacks of all buildings from a public street: twenty-five
(25) feet.
(d)
Minimum setback from adjacent lots: ten (10) feet.
(e)
Maximum permitted density: eight (8) dwelling units per acre.
(f)
Maximum building height: thirty-five (35) feet.
(g)
Maximum percent of lot coverage by all buildings and impervious
coverage including but not limited to parking and sidewalks: fifty-five
(55%) percent.
(h)
Maximum number of units per structure: ten (10).
6.
Mixed use buildings:
[Ord. No. 1030-2016]
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Mixed use buildings, with a combination of personal service
facilities and retail uses catering to the residential population
of the Borough such as beauty and barber shops, travel agencies, florists,
wine and liquor stores, restaurants, real estate offices, travel agencies,
medical and general offices and financial institutions, provided that
no drive-through window is permitted for any use, and provided further
that residential apartments shall be permitted on the second and/or
rear of a building.
Site plan review and approval by the Land Use Board shall be
required in order to insure that the following requirements are satisfied:
|
(a)
The architectural design of the building is consistent with
the existing building facades along Main Street;
(b)
Adequate on-street parking exists and/or adequate off-street
parking is provided;
(c)
No parking shall be located between the building and Main Street;
(d)
The building shall have gable, mansard or other similarly pitched
roof lines; and
(e)
The visual character of the building, including its entryways,
windows and doors, shall be oriented to pedestrian access from the
sidewalk along Main Street.
e.
Design Standards.
1.
The conversion of an existing residential structure to any permitted
nonresidential use shall maintain the character of the existing structure.
2.
All off-street parking and other requirements contained in this chapter
shall be met.
3.
Any conversion of an existing residential building shall be consistent
with the existing architecture and facades visible from public spaces.
4.
Building additions shall be subject to the FAR and coverage limits
of the zone.
5.
Parking.
(a)
No parking shall be permitted between any part of the front
building facade and the street right-of-way line.
(b)
In appropriate cases, access driveways shall be encouraged to
be located so as to allow for a future common drive with the adjacent
parcel at one (1) side yard line. Cross-easements to permit shared
parking areas in this zone shall be encouraged in appropriate cases.
(c)
Parking areas shall be screened from view of adjacent residential
zones, existing residential uses and public roads by landscaping,
fencing or a combination of these to create a buffer at least four
(4) feet in height. Landscaping shall contain a mix of deciduous and
evergreen plantings sufficient to screen the view of vehicles in all
seasons.
(d)
All entrances and exits shall be defined by curbing and landscaping.
6.
Landscaping.
(a)
All areas not utilized for buildings, parking, loading, access,
driveways or pedestrian walkways shall be landscaped with trees, shrubs,
ground cover or similar plantings and maintained in good condition.
7.
Building Design Requirements.
(a)
Roof forms such as gable, mansard and similar pitched roof lines
are required. Flat roofs are prohibited.
(b)
Rooftop mechanical equipment shall be screened from public view
by architecturally compatible materials. Ground level mechanical equipment
such as air conditioning equipment, utility boxes and meters shall
be screened from public view by landscaping, walls or fencing.
(c)
The visual character of buildings along street frontages and
entryways shall be "pedestrian friendly." Particular consideration
shall be given to shop fronts, including windows and doors.
(d)
Fire escapes are prohibited on the street facade of a building.
[Ord. No. 751 § 27-2.7]
[Ord. No. 751 § 27-2.8; Ord. No. 805 § 3; Ord. No. 876A § 3]
a.
Principal Permitted Uses.
1.
Offices for executive or administrative purposes.
2.
Scientific or research laboratories.
3.
Agricultural, horticultural, silvicultural and equestrian uses.
4.
Fraternal organizations for charitable purposes.
5.
An Age-Restricted Residential Housing Community, only where indicated on the Zoning Map and in accordance with the requirements specified in subsection 23-39.9 of this section.
b.
Accessory Uses. Any accessory use on the same lot customary and incidental
to any use permitted in this district shall be permitted, but shall
not be limited to:
1.
Quarters for necessary caretakers and watchmen located on the same
lot.
2.
Staff houses and other accessory uses and buildings as set forth
below:
(a)
Such staff house shall be accessory to a principal building
and shall be set back one hundred fifty (150) feet from any lot line.
3.
Cafeteria facilities for the sale of items to and for the personal
convenience of persons employed on premises.
d.
Other Requirements. All uses hereafter established shall conform
to the following requirements:
1.
Transitional Requirements. There shall be established along any lot
line that is contiguous to any residential district, unless the lot
line coincides with a State or Federal highway or adjacent lands in
common ownership, a buffer area at least one hundred fifty (150) feet
in depth. The buffer area shall consist of trees, fencing, earthen
berm or any combination of same and may also contain an access road,
underground utilities and their appurtenances for use in the ORL zone,
subject to paragraph d6 hereof.
2.
A minimum yard depth of two hundred (200) feet shall be required
where the lot abuts a residential district, unless separated by a
State highway, railroad or adjacent lands in common ownership.
3.
Storage. All materials and equipment shall be stored in completely
enclosed buildings.
4.
Interior and Exterior Lighting. Interior and exterior building lighting
shall be extinguished other than during normal working hours or provision
made to block light source from impacting adjacent residential properties.
5.
Dimensional Requirements in the ORL Zone.
(a)
Height of Structure. The vertical distance from the average ground elevation around the foundation to the level of the highest point of the roof surface excluding cupolas, chimneys or similar appurtenances pursuant to subsection 23-40.5, except that in the case of roofs sloped to an angle of forty-five (45°) degrees or less at the eaves, the measurement shall be made to the eave line of the roof at the exterior wall of the building. In no event shall the distance from the eave line at the exterior wall of the building to the top of the roof exceed fifteen (15) feet in elevation.
6.
Buffer Area. In the ORL zone, the buffer area shall be an area in
which no building, parking area, sign (except directional sign) or
storage of materials shall be permitted, but such area shall permit
an access road, underground utilities and their appurtenances for
uses in the ORL zone, provided that such access road, underground
utilities and appurtenances shall be located, to the extent possible
considering environmental constraints, as far as practicable from
the adjacent property. Where the distance between the access road,
underground utilities and appurtenances from the adjacent property
is less than one hundred fifty (150) feet, the buffer area shall include
a continuous screen. A continuous screen shall consist of natural
vegetation or landscaping to minimize the impact of an access road
on adjacent property. Where existing vegetation does not provide adequate
screening of the access road, the existing vegetation shall be supplemented
with other plantings or landscaping. Additional planting or landscaping
shall not be required if such planting or landscaping would be regulated
by the Freshwater Wetlands Protection Act.
7.
Access Roads and Underground Utilities. Any access road, underground
utilities and appurtenances for any use shall be deemed to be accessory
to such use and shall be permitted in a front, rear or side yard;
and they may pass through a residential zone and a buffer area to
serve the property in an ORL zone, subject to the provisions of paragraph
d6 hereof.
e.
Off-Street Parking and Loading Requirements.
1.
Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve, in accordance with the standards of Article IV.
2.
Off-street parking space may be located in the side and rear yards;
provided, however, that no parking area shall be located nearer than
twenty (20) feet to any side or rear lot line.
[Ord. No. 876A § 4;
amended 7-24-2018 by Ord. No. 1059-2018]
a.
Purpose. The intent of permitting a residential housing community on certain lands within the ORL and RR-5 Zoning Districts is to promote development alternatives which will result in the construction of high-quality, attached, age-restricted residences without an affordable housing requirement or non-age-restricted, high-quality, attached residences with an affordable housing requirement as specified in Subsections d and e hereinafter, which will have less adverse impact upon the road network, infrastructural needs, and the environment, and contribute to the Borough's affordable housing obligation.
[Amended 11-10-2020 by Ord. No. 1094-2020]
b.
Minimum tract size. A residential housing community must contain at least 75 acres of land area only within the ORL and RR-5 Zoning Districts where designated on the Zoning Map.
c.
Permitted uses:
1.
Single-family detached or duplex high-quality dwelling units, except
in the case of affordable housing units which can be flats in one
or more buildings, up to two stories in height.
2.
Conservation areas, open spaces and common property.
3.
Recreational (excluding playgrounds and tot lots), clubhouse, community
swimming pool not greater than 75 feet long, gatehouse and property
management/maintenance facilities are permitted as may be specifically
approved by the Land Use Board.
4.
Notwithstanding any other provisions of this section to the contrary, including Subsection 23-39.9c5 hereinbelow, patios, walkways, porches, retaining walls and other structures are permitted in all yard areas as may be specifically approved by the Land Use Board.
5.
An open area for the private use of the residents of an individual
dwelling unit is permitted in accordance with the following:
(a)
The area shall be located in the rear of a dwelling unit only
and shall be dimensioned so as not to exceed the width of the unit
nor extend more than 20 feet from the rear-most wall of the unit.
(b)
The designated area may include patios, gardens, built-in barbeques,
arbors, pergolas and/or fountains.
(c)
The designated area may include decks, patios, porches and/or
terraces as may be specifically approved by the Land Use Board.
(d)
In any case, individual swimming pools, spas, sheds and similar
structures are not permitted.
d.
Maximum number of dwelling units permitted. The maximum number of
permitted dwelling units within the residential housing community
shall not exceed 1.09 dwelling units per gross acre of land within
the subject tract, rounded downward to the nearest whole number, provided
that, in any case, no residential housing community shall contain
more than 68 market dwelling units. Additionally, the developer shall
be obligated to provide for 20% affordable housing units in accordance
with N.J.A.C. 5:95 et seq.,[1] or 14 units' affordable housing either on site or on an
adjacent site at the cost of the developer.
1.
The developer shall construct or shall cause to be constructed 14
units of non-age-restricted rental housing reserved for, and affordable
to, low- and moderate-income households. The developer agrees that
it will fully assume all costs of the development and construction
of these units and will not seek local, state, or federal subsidies
for the 14 units of non-age-restricted rental housing. The construction
and operation of these units shall be governed by the Uniform Housing
Affordability Controls promulgated by the New Jersey Housing and Mortgage
Finance Agency in force as the date of this agreement, N.J.A.C. 5:80-26.
Except as otherwise expressly provided in this agreement, these standards
shall govern, among other things, bedroom distribution, balance between
low- and moderate-income units, rent levels, affirmative marketing,
the term of affordability, and the process for restrictions on affordability
to be released. Phasing of the affordable units shall be in accordance
with the schedule at N.J.A.C. 5:93-5.6(d).[2]
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on October 16, 2016.
2.
Two of the low-income units will be affordable to, and reserved for,
very-low-income households with incomes at 30% of the regional median
income.
3.
The developer may elect to develop or provide for development of
14 units of non-age-restricted rental housing reserved for, and affordable
to, low- and moderate-income households on adjacent off-site locations.
If the 14 affordable units are provided off site, the adjacent off-site
affordable units and the 68 units of non-age-restricted market-priced
housing shall be phased as one project in accordance with the schedule
at N.J.A.C. 5:93-5.6(d).[3] If the adjacent off-site location has been identified
in the settlement agreement between the Fair Share Housing Center
and the Borough as a site that will be rezoned to provide affordable
housing, the developer shall develop both the 14 units of non-age-restricted
rental housing and the number of affordable homes planned for the
off-site location as identified in the settlement agreement between
the Fair Share Housing Center and the Borough.
[3]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on October 16, 2016.
4.
If the developer chooses to develop or provide for the development
of the low- and moderate-income units on adjacent off-site locations,
it shall give written notice to the municipal parties and Fair Share
Housing Center prior to filing an application for subdivision or site
plan approval of the property. The notice shall specify the proposed
location of the low- and moderate-income housing and, if not to be
developed by the developer, the name and address of the designated
developer of that housing.
5.
The Borough shall notify the developer, in writing, within 30 days,
whether the site is acceptable. If the site is acceptable, the municipal
parties shall take all reasonable steps necessary to facilitate development
of these units, including adoption of amendments to the Borough's
Zoning Ordinance.
6.
Cost-increasing requirements. Regardless of whether the low- and
moderate-income units are constructed on the property or off site,
neither the Borough nor the Land Use Board may impose any procedural
or substantive requirement that adds to the burden or cost of development
of the property or of the low- and moderate-income units which is
not necessary to protect public health, safety or the environment
in accordance with law and regulation.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
95, Procedural Rules of the New Jersey Council on Affordable Housing
for the Period Beginning on December 20, 2004, expired on September
11, 2016.
e.
Design requirements for dwelling units.
1.
No dwelling unit shall exceed 38 feet in height.
2.
In order to reasonably assure that there is a diversity of architectural
design for the dwelling units, at least three different-looking model
types shall be provided to the Land Use Board for review and approval.
3.
The exteriors will employ natural materials and/or products that
reflect the quality, integrity and aesthetics of natural materials.
4.
Each dwelling unit shall provide an attached two-car garage, and each dwelling unit shall contain at least 2,400 square feet of gross floor area excluding the garage and a maximum of 3,600 square feet of gross floor area excluding the garage, except these requirements shall not apply to affordable housing units required to be constructed pursuant to § 23-39.9d1. Affordable housing units may contain less gross floor area and provide for at-grade parking. The applicant shall be required to construct 25% of the market units with master bedroom suites on the first floor.
[Amended 11-10-2020 by Ord. No. 1094-2020]
5.
The aggregate building coverage of all dwelling units on the subject
tract shall not exceed 7%, and the total impervious coverage throughout
the development shall not exceed 20%.
6.
All buildings shall be set back at least 25 feet from all internal
roadways.
7.
All buildings shall be separated from each other by a distance of
at least 25 feet in accordance with the following:
(a)
For the purpose of determining the separation distance between
buildings, any deck, patio or terrace which is two feet in height
or higher shall not be permitted to encroach within the required twenty-five-foot
separation distance.
(b)
However, any deck, patio or terrace which is less than two feet
in height shall be permitted to be located within the required twenty-five-foot
separation distance, provided that no such deck, patio, porch or terrace
shall extend more than 10 feet from the exterior wall of the subject
dwelling unit.
f.
Perimeter setbacks and buffers. All non-affordable-housing units
shall be set back from State Route 206 at least 200 feet, and all
non-affordable-housing units shall be set back at least 150 feet from
all other tracts. The property can be fenced or gated.
1.
Within the required 200-foot building setback from Route 206, a buffer
at least 100 feet in width shall be provided.
2.
Within the required 150-foot building setback from all other tract
boundaries, a buffer at least 50 feet in width shall be provided;
except that in instances where an existing dwelling unit is replaced
with a new dwelling unit or units and there is not sufficient room
for a fifty-foot buffer, an appropriately reduced buffer width shall
be permitted by the Land Use Board.
3.
Within the required buffers, any existing vegetation shall remain,
and the Land Use Board may require the applicant to supplement the
existing vegetation in order to provide an appropriate visual screen.
4.
Notwithstanding any other provision of this subsection to the contrary,
utility lines, access roads and stormwater outfall facilities may
be located in the required buffers, provided that the Land Use Board
determines that such structures have been located and designed to
reasonably minimize the need to remove existing trees.
5.
Setbacks for affordable housing units can be reduced to 50 feet from
northern tract boundaries.
g.
Open space requirements.
1.
Land equal to a minimum of 75% of the tract of land proposed for
a residential housing community shall be specifically set aside for
conservation, passive recreation and/or other open space purposes.
(a)
No land utilized for street rights-of-way shall be included
as part of the above 75%.
(b)
Except for stormwater management facilities, emergency access
roads and utilities as may be approved by the Land Use Board, any
land proposed and approved as open space shall be left in its current
condition and/or improved to best suit the purpose(s) for which the
particular open space is intended to be used, provided that such uses
and improvements must be specifically approved by the Board.
2.
To the extent practicable, all dwellings shall abut open space.
3.
Open space shall be dedicated as common open space to a homeowners'
association as provided in N.J.S.A. 40:55D-43. Such organization shall
not be dissolved, nor shall it dispose of any common open space by
sale or otherwise. The applicant shall prepare a restrictive covenant
which recites and insures the approved restrictions on the open space.
The form, substance and filing of the restrictive covenant shall be
as approved by the Land Use Board in consultation with the Land Use
Board Attorney and with the Borough Attorney.
h.
Signage. Permitted signage within a residential housing community
shall be as specifically approved by the Land Use Board.
i.
Lighting. Lighting within a residential housing community shall be
as specifically approved by the Land Use Board in accordance with
the following:
j.
Homeowners' association responsibilities. All roadway maintenance,
snow removal, the maintenance of all stormwater management facilities,
fire hydrant servicing, and the operating costs and maintenance of
all lighting fixtures, signage and recreational facilities shall be
the responsibility of the homeowners' association.
k.
Other applicable requirements. All other applicable provisions of
the Revised General Ordinances of the Borough of Peapack and Gladstone
that are not in conflict with the provisions specified herein for
a residential housing community shall apply.
[Ord. No. 2017-1047]
a.
Purpose. The intent of permitting Residential Health Care Facilities
within the RE Rural Estate Zone is to recognize the important community
service that such specialized facilities provide in meeting the special
needs of disabled individuals in our society while establishing strict
standards consistent with protecting the rural residential character
of the RE Rural Estate Zone.
b.
Permitted Activities. Residential health care facilities shall be
required to include operations as defined hereinbefore and licensed
in the State of New Jersey Department of Health and providing residential
patient beds provided however that the Applicant may construct group
homes that will be compliant with the requirements of low and moderate
income individuals as determined by the rules for low and moderate
income housing (N.J.A.C. 5:95 et seq.).
c.
Optional Permitted Activities. The following activities may be conducted
as part of a residential health care facility.
1.
Non-resident clinic/services (similar to services provided for resident
patients) for treatment/care for chronic disabling conditions.
2.
A private school, that is approved by the New Jersey Department of
Education, providing an educational program for resident and non-resident
students with developmental disabilities for local school districts
ages 3 to 21.
3.
Adult day and education services for resident patients age 21 and
older with developmental disabilities.
4.
Maintenance of on-site wheel chair operations for resident patients.
5.
Parking facilities.
6.
On-site housing for the use of employees and visiting family members
of residents.
7.
Performing arts center limited to performances and/or exhibits by
and for the benefit of resident and non-resident patients.
8.
Gymnasium and therapeutic pool use for resident patients and their
direct supervisors only.
9.
Group homes reserved solely for occupancy by patient residents receiving educational and health care services at the facility, not to exceed a total of 10 beds, not to exceed more than five beds per home, contained in no more than two freestanding buildings within the facility campus, subject to Schedule I, Table of Height, Area and Other Requirements.
[Added 11-20-2018 by Ord.
No. 1066-2018]
d.
Prohibited and Restricted Activities. Fund raising activities conducted
solely in connection with the Residential Health Care Facility shall
be limited to 4 events annually. Theatrical productions to be permitted
on site shall include resident and non-resident patients of the facility.
e.
Permitted Accessory Uses. Permitted accessory uses are limited to
the following: auxiliary storage buildings, off-street parking, a
theater and recreational amenities limited to a gymnasium with therapy
pool for the sole use of resident patients and their supervisors.
f.
Any approval granted by the approving Board under this subsection 23-39.10 shall be subject to a Developer's Agreement entered into between the Applicant and the Council of the Borough of Peapack and Gladstone which Developer's Agreement shall include all of the conditions of the approval together with such other elements as may be deemed necessary to assure public health, safety and welfare by the Borough Council.
g.
In the event that an applicant's property is the subject of a prior
settlement agreement, the terms of said settlement agreement shall
be incorporated into this subsection as if set forth herein at length.
Editor's Note: See also Schedule I Table of Height, Area and Other Requirements.
[Ord. No. 751 § 27-3.1]
a.
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designed, used or intended to be used for
any purpose or in any manner other than as specified among the uses
listed as permitted, accessory or conditional in the zone in which
such building or land is located.
b.
No building or structure shall be erected, reconstructed or structurally
altered to exceed in height the limit designated in the zone in which
such building or structure is located.
c.
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt, nor shall any
open space surrounding any building be encroached upon or reduced
in any manner, except in conformity with the yard, lot area and building
location regulations designated for the zone in which such building
or open space is located.
d.
The area of dimension of any lot, yard, parking area or other space
shall not be reduced to less than the minimum required by this article;
and, if already less than the minimum required by this chapter, said
area or dimension shall not be further reduced.
e.
The provisions and restrictions contained in this article shall not
apply to or be binding upon the Borough.
[Ord. No. 751 § 27-3.2]
a.
Every lot shall include front, side and rear yards having the areas
and dimensions required within the particular zone in which said lot
is located.
b.
No yard or other open space provided for any building for the purpose
of complying with the provisions of this article shall be considered
as providing a yard or other open space for any other building on
any other lot.
c.
No land in a residential zone shall be used to fulfill open space,
minimum area, minimum yard and setback requirements, parking or other
similar requirements for uses in nonresidential zones.
d.
Through Lots. Where a lot which is not a corner lot fronts on more
than one (1) street, every yard which abuts a street shall be considered
a front yard, and the front yard setback requirements of the zone
in which the lot is situated shall be complied with on every street
frontage. In the case of a lot running through from one street to
another, the frontage of such lot, for the purposes of this article,
shall 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 his permit application which lot line shall be
considered the front lot line.
[Ord. No. 751 § 27-3.3]
a.
Projections and Encroachments. The space in any minimum required
yard shall be entirely free of buildings, structures (excluding parking)
or parts thereof and no building or structure shall project into any
minimum front, side or rear yard required by this article, except
as follows:
1.
Cornices and eaves projecting no more than two (2) feet over any
required yard.
2.
Sills, leaders and similar ornamental or structural features projecting
six (6) inches into any required yard. An open fire escape projecting
into a required yard not more than four (4) feet.
3.
Bay windows or balconies projecting no more than three (3) feet into
a required rear or side yard. A chimney projecting into any required
yard or court, provided that the projection does not exceed three
(3) feet.
4.
Retaining wall, steps or fence which is less than six (6) feet high.
5.
Freestanding flagpoles, television and radio aerial masts, children's
playground equipment, recreation equipment, excluding swimming pools
and tennis courts, sidewalks, unroofed terraces, light posts, mailboxes
and outdoor fireplaces.
6.
Window wells affording light and air to basement and cellar areas.
b.
Corner Lots.
1.
Where a lot is bounded by more than one (1) street, the front yard
setback requirement shall be met on both abutting streets, except
for existing platted lots, having a width of less than required, shall
be permitted to have a front yard along the side street of one-half
(1/2) the minimum front yard depth.
2.
On a corner lot, no fence, structure or plantings of thirty (30)
inches in height measured from the curb or edge of roadway shall be
erected or maintained within fifty (50) feet of the center line of
intersecting streets.
[Ord. No. 751 § 27-3.4]
a.
On any lot running through from one (1) street to another, the front
of the lot shall, for the purposes of this section, 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 building
frontage established, the owner may, when applying for a building
permit, specify which lot line shall be considered the front lot line
for the purposes of this section.
b.
In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any other curved street, lot frontage (as distinguished from lot width) may equal but shall be no less than two-thirds (2/3) of the required lot width as set forth in Schedule I[1] and further provided that no lot shall have a frontage
of less than sixty (60) feet, except in the R-6 zone where a minimum
of forty (40) feet shall be required.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
[Ord. No. 751 § 27-3.5]
Height limits in this chapter shall not apply to transmission
or aerial towers, steeples, belfry, cupola, masts, flagpoles or chimneys.
However, any freestanding mast, antenna or standard and its supporting
structures, guys and anchors shall conform to the applicable setback
provisions of this article. Only one (1) flagpole and one (1) radio
or television mast or antenna shall be permitted on a lot, except
that one (1) per dwelling shall be permitted in the RE and RR-5 zones.
The height limits shall not apply to roof-mounted heating, air-conditioning
or other mechanical equipment, except that such equipment, when visible
from ground level in a residential zone, shall be screened by a wall,
cover or by other means and that such screening shall be in keeping
with the architectural motif of the building.
[Ord. No. 751 § 27-3.6; Ord. No. 780 § 4; Ord. No. 874 § 1]
a.
General Requirements.
1.
No accessory structure may be built upon any lot on which there is
no principal building or structure, except fences and structures for
equine, agricultural or horticultural uses actually being conducted
on the property.
2.
Accessory structures in the ORL and LI zones shall not exceed the
height of the principal building. In the RE and RR-5 zones, accessory
farm structures shall not exceed thirty-five (35) feet. In the RR-3,
RR-2, RR-1, R-18, R-11 and VN zones, no accessory structure shall
exceed fifteen (15) feet in height except that the Land Use Board
may approve barn structures and garages to be as high as twenty (20)
feet, provided that public notice of the requested approval is given
by the applicant to all property owners within two hundred (200) feet
of the subject property, and provided further that the Land Use Board
concludes the following:
(a)
That the increase in height of the barn structure or garage
above the otherwise limitation of fifteen (15) feet is necessary to
achieve an architectural design that is compatible with the design
and scale of the existing or proposed house on the subject property;
(b)
That the location of the proposed barn structure or garage will
not block the vision of the people next door; and
(c)
That the proposed height of the proposed barn structure or garage
does not increase the floor area of the accessory structure were it
constructed at a height of fifteen (15) feet.
3.
Accessory structures in all zone districts shall be at least ten
(10) feet from any other building on the same lot.
4.
No accessory structure(s) shall be located in a required front yard
area except in the RE and RR-5.
5.
Any accessory building attached to the main building shall be considered
part of the main building.
6.
On through lots (any lot running from one street to another), no
accessory building erected in the rear yard shall be nearer the street
line than the minimum distance specified for a front yard setback
on that part of the street which the yard abuts.
7.
Driveways, septic areas and wells may be located within the required
front, side and rear yard areas. In the RE and RR-5 zones, ornamental
fencing, property entrance structures and fencing may be located in
the required front, side or rear yard areas.
b.
Requirements for Specific Accessory Structures and Uses.
1.
Swimming pools and tennis courts shall comply with the provisions
of this subsection in addition to the following requirements:
(a)
No such pool or tennis court shall be closer than twenty-five
(25) feet to any side or rear lot line.
(b)
On any corner lot, no part of any private swimming pool shall
be constructed within the front yard area required to be provided
on either street.
(c)
Elevated lights over four (4) feet in height used or maintained
in connection with a private swimming pool shall be so located and
shielded that the illumination therefrom is not directed upon any
adjacent property, and shall be turned off by automatic means by 10:00
p.m.
(d)
No private swimming pool shall be used other than as an accessory
use of the premises whereon it is located.
2.
Home Offices. Home offices, where permitted as an accessory use to
a single-family detached dwelling in a particular residential zoning
district in the Borough of Peapack and Gladstone, shall not require
approval by the Land Use Board or the issuance of a zoning permit
by the Zoning Officer of the Borough if the following requirements
and restrictions are met:
(a)
The office area shall not occupy more than five hundred (500)
square feet, nor more than twelve and one-half percent (12.5%) of
the gross floor area (G.F.A.) of the subject single-family detached
dwelling, whichever is less, specifically excluding the area of garages,
basements and attics in the calculation of gross floor area;
(b)
No person other than members of the household residing on the
premises shall use the office area;
(c)
No persons, including, but not limited to, clients, customers
or nonresident employees, shall visit the detached dwelling unit regarding
the office area other than people making deliveries or service calls
as otherwise might occur on the property regarding the dwelling unit;
(d)
The office area shall not be a segregated portion of the dwelling
unit, but shall be a room or area within the dwelling which is integrated
within the overall floor plan of the dwelling;
(e)
The office area shall not contain any kitchen or bathroom facilities
which are provided specifically for the office area;
(f)
The office area shall have only typical office equipment limited
to computers, telefax machines, telephones, copying machines and similar
office equipment;
(g)
No equipment or process shall be used in the office area which
creates noise, vibration, glare, fumes, odors, electrical or electronic
interference, medical waste and/or which causes interference with
the operation of telephones, radios or televisions;
(h)
The office area shall not require any increased or enhanced
electric or water supplies relative to the operation of the subject
dwelling unit as a residence;
(i)
No supplies or furnishings shall be permitted other than typical
office supplies and furnishings;
(j)
The office use shall not generate a quantity and/or type of
solid waste which is noticeably different than that generated by a
typical detached dwelling unit in the subject zoning district; and
(k)
No evidence of the office area shall be shown to the outside
of the dwelling unit including, but not limited to, signage, lighting
and parking, and there shall be no change to the exterior of any buildings
or structures on the subject site because of the office area.
3.
Satellite Earth Stations.
(a)
Permitted Districts:
(1)
A satellite earth station shall be permitted as an accessory
use in all zone districts. Satellite earth stations shall require
site plan approval from the Land Use Board except where accessory
to a one or two family residential use. In the case of a one (1) or
two (2) family residential use, the application shall be determined
by the Zoning Officer, or by the Land Use Board whenever a request
for interpretation is necessary or a variance is requested by the
applicant.
(2)
Whenever an antenna is accessory to a one- or two-family dwelling,
an applicant claims that any general regulation standard must be modified
because of inability to obtain a reasonably satisfactory signal, impracticability,
under hardship, or other criteria for modification under this section,
or whenever the adequacy of and/or reasonableness of screening is
in issue, such application shall be referred to the Land Use Board
for interpretation pursuant to N.J.S.A. 40:55D-70b.
(b)
Application. The plans of such antenna shall be submitted with
each application for a building permit, which shall include:
(1)
A site plan drawn at a scale of no smaller than 1" = 20' indicating
the diameter, location, setbacks, screening (if ground mounted), and
a mounting detail drawn at a scale no smaller than 1/2" = 1'-0" indicating
height, color, style or type and method of installation. The plans
must be prepared by a New Jersey professional engineer or other qualified
expert with a statement that the proposed installation complies with
the requirements of the Uniform Construction Code.
(2)
The name and address of the applicant and owner of the property
on which the satellite earth station is to be located.
(3)
The tax lot and block numbers and the property lines of the
property.
(4)
All existing buildings and structures and all accessory buildings
and structures on the property.
(6)
Applications for the installation of satellite earth stations
capable of transmitting and receiving signals will additionally be
required to submit a report prepared by a radio frequency engineer.
The minimum requirements of this report are:
(i)
The calculated levels of Electromagnetic Field Intensities (EMP-Power Densities) compared to allowable Residential Environment Continuous Exposure levels as per the American National Standards Institute 1982 (ANSI) and standards contained in the New Jersey Administrative Code, Title 7, Department of Environmental Protection, Chapter 28, Bureau of Radiation Protection, Subchapter 42, 7:28-42.4.
(ii)
An analysis of the findings and conclusion.
(iii)
Copies of data, sketches and specifications which
are the basis for the calculation and analysis. The conclusion shall
include an assessment of relative health risk to people living or
working near the proposed facility.
(7)
If a ground mounted transmit/receive type antenna is proposed,
the site plan shall additionally include the proposed location of
a protective fence surrounding the antenna on all sides necessary
to address all health and safety issues.
(c)
Performance Standards.
(1)
No satellite earth station may be placed in the front yard of
any lot in the Borough. A corner lot shall be deemed to have a front
yard facing each street.
(2)
Receive-only satellite earth stations thirty-six (36) inches
in diameter or less shall be located on the roof. Receive-only satellite
earth stations greater than thirty-six (36) inches in diameter shall
be placed on a lot only in the rear yard; provided, however, that
on a clear and convincing showing by an applicant that a reasonably
satisfactory signal cannot be obtained from a rear yard location,
the Land Use Board may permit the antenna to be located in the side
yard, and if such a signal cannot be obtained in either the rear or
side yard, the Land Use Board may permit the antenna to be located
on the roof of any principal or accessory building on the lot.
(3)
A transmit/receive satellite earth station shall be placed on
the roof of the principal building of the lot; provided, however,
that on a clear and convincing showing by an applicant that this requirement
is impracticable or would cause undue hardship, or that installation
elsewhere would substantially further the purposes and objectives
of this section without substantial adverse impact on adjoining properties,
the Land Use Board may permit the antenna to be located in the rear
yard of the lot. If a ground mounted transmit/receive type antenna
is proposed, the site plan shall include the proposed location of
a protective fence, a minimum of four (4) feet in height, surrounding
the antenna on all sides. The proposed fence shall be constructed
in accordance with Chapter V of the Land Development Ordinance.
(4)
All satellite earth stations shall not be closer to the side
property line than a distance equal to the diameter of said antenna
or side yard setback requirement for the principal structure on the
lot, whichever results in the greatest setback.
(5)
All satellite earth stations shall not be closer to the rear
property line than a distance equal to the diameter of said antenna
or rear yard setback requirement for the principal structure on the
lot, whichever results in the greatest setback.
(6)
When mounted on the ground, the overall height from the surrounding
ground level to the lowest point of the antenna shall not exceed two
(2) feet except in instances where additional clearance is needed
to satisfactorily receive and/or transmit signals. No ground mounted
satellite earth station shall exceed twelve (12) feet in height, as
measured from the average grade of the base of the antenna to the
highest point of the antenna.
(7)
Roof Mounted Antennas:
(i)
Flat Roofs and Mansard Style Roofs: No roof mounted
satellite earth station may extend above the roof line more than (9)
feet six (6) inches when mounted on a flat roof or mansard style roof.
However, upon a showing that such a roof mounted antenna will not
receive adequate reception under the restrictions of this subsection,
the minimum height necessary for reasonably satisfactory reception
may be allowed. Roof mounted antennas on a flat roof shall be located
in the center of the roof structure to reduce visibility.
(ii)
All Other Style Roofs: No roof mounted satellite
earth station may extend above the highest point of the roof more
than three (3) feet when mounted on all other style roofs, and, must
be located on the portion of the roof facing the rear yard or if this
would unreasonably limit signal reception, the side yard. However,
upon a showing that such a roof mounted antenna will not receive adequate
reception under the restrictions of this subsection, the minimum height
necessary for reasonably satisfactory reception may be allowed.
(8)
The diameter of satellite earth stations shall not exceed twelve
(12) feet for C- band technology for receiving and shall not exceed
eight (8) feet in diameter for Kuband V Sat technology for transmitting,
subject to paragraph b3(c)(9). All satellite earth stations larger
than twenty-four (24) inches shall be of the mesh type only, with
not more than eighty five (85%) percent of the surface being solid.
(9)
All satellite earth stations shall be painted a solid, dark,
non-metallic, non-glossy color if ground mounted. Roof mounted antennas
mounted on a flat roof or mansard style roof shall be painted a solid,
non-metallic, non-glossy light to medium gray. When mounted on all
other style roofs the satellite antenna shall be painted the color
of the surface to which it is attached.
(10)
The ability of the applicant to install a satellite
earth station in an unobtrusive location and to minimize the visual
and health impacts on neighboring properties shall be a major factor
in determining whether or not a permit is issued.
(11)
The number of allowable satellite earth stations
are as follows:
(i)
For single family and two family dwellings, one
(1) per building.
(ii)
For attached dwellings, patio homes, duplex, townhouse,
and multi-family dwellings, one (1) per building.
(iii)
For all other uses permitted in residential zones
not specifically provided for otherwise (e.g. schools, churches, nursing
homes, etc.), one (1) per building.
(12)
The satellite earth station may only be used for
occupants of the building located on the property.
(13)
When the use of the satellite earth station is
abandoned, it shall be removed.
(14)
Satellite earth stations may not be mounted on
a portable or movable structure, such as a trailer.
(15)
To the extent permitted by law, no satellite earth
station shall be located on or abutting any property which is located
in the National or State Register of Historic Places.
(16)
No satellite earth station shall be erected on
a public utility easement without the consent of the easement holder.
(17)
The proposed earth satellite station shall be
the smallest commercially available equipment based on the current
technology so as to minimize the visual impact on the surrounding
areas.
(18)
The satellite earth station may not be used as
a sign.
(19)
All wiring or connecting cables between the satellite
earth station and the principal building on the site shall be buried
underground.
(20)
Screening: Ground mounted antennas shall be screened
as to minimize visibility from public streets and adjoining properties.
Screening shall be accomplished by the installation of landscaping
and/or fencing or in the form of a wall or structure enclosing the
antenna. The species, quantity, size, and spacing of plant materials
shall be specified on the site plan. In order to reduce the height
of plant materials, soil berms may be used in conjunction with the
proposed landscaping. Any walls or structures shall be constructed
of plastic, fiberglass, or other approved materials which will not
impede the function and operation of the antenna. Any walls or structures
shall be constructed to be consistent with the surrounding site characteristics.
The requirements of this section shall not impose unreasonable limitations
on, or prevent, reception of satellite delivered signals by satellite
receiving and receiving/transmitting antennas or to impose costs on
the users of such antennas that are excessive in light of the purchase
and installation cost of the equipment.
(d)
Such satellite earth stations, appurtenances, landscaping, and
fencing shall be kept and maintained in good condition.
4.
Outdoor Storage.
(a)
Outdoor storage shall not abut existing residential development,
a residential street or any residential zone.
(b)
No flammable or explosive liquids, solids or gases shall be
stored above ground unless as otherwise required by applicable Federal,
State or local regulations. Tanks or drums of fuel directly connecting
with heating devices or appliances located on the same premises as
the tanks or drums of fuel are excluded from this provision.
(c)
All outdoor storage facilities shall be enclosed by a fence
or wall adequate to conceal such facilities and the contents thereof
from adjacent property and shall meet all required setbacks for the
zone in which located. This provision shall not apply to outdoor storage
of new cars or other vehicles on the premises of a dealer.
(d)
No materials or wastes shall be stored on any premises in such
form or manner that they may be transferred off such premises by natural
causes or forces.
(e)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible by or otherwise be
attractive to rodents or insects shall be stored outdoors only in
closed containers.
[Ord. No. 751 § 27-3.7]
Temporary uses such as storage of building supplies or use of
a dwelling within a development such as a sales and management office
are permitted, provided all of the following requirements are complied
with:
[Ord. No. 751 § 27-3.8]
In a residential zone not more than one (1) commercial vehicle
of a rated capacity of three-quarters (3/4) ton or less may be kept
on the premises provided such vehicle is housed in a garage, not a
carport, and is not customarily parked in the driveway. This requirement
shall not apply to a farm.
[Ord. No. 751 § 27-3.9]
a.
Parking of Recreational Vehicles. No mobile dwelling, trailer or
any recreational vehicle shall be stored or parked on any premises
in any residential zone district within the limits of the Borough
of Peapack and Gladstone, except as hereinafter provided:
1.
Recreational vehicles, as herein defined, may be stored or parked
within a closed building or garage on the premises.
2.
Recreational vehicles, as herein defined, may be stored or parked
outdoors on any premises upon the following terms and conditions:
(a)
Not more than one (1) recreational vehicle shall be stored or
parked on any premises in any residential zone district within the
limits of the Borough of Peapack and Gladstone, except as hereinafter
provided. For purposes of this chapter, premises shall include adjoining
lots in common ownership, unless said adjoining lots otherwise conform
to this chapter and other provisions hereof.
(b)
No recreational vehicles shall be stored or parked within any
residential district other than that lot upon which the principal
residence structure of the actual owner of the recreational equipment
is located.
(c)
No recreational vehicles shall be stored or parked at any time
when said premises are not being occupied, except for vacation absences.
(d)
No recreational vehicles shall be stored or parked in any district
as an accessory building or use, except as herein provided.
(e)
No recreational vehicles shall exceed the following bulk requirements:
(1)
A maximum height of twelve (12) feet as parked, including trailer,
cradle or mount, but excluding mast in the case of a boat.
(2)
A maximum body length of thirty (30) feet, excluding trailer
hitch, tongue and bumper.
(3)
A maximum of eight (8) feet in body width, excluding hardware.
(4)
A maximum gross weight of twelve thousand (12,000) pounds, including
trailer and mount.
3.
No recreational vehicles shall be stored or parked within any front
yard or side yard required under this chapter. These requirements
shall apply to both frontages on a corner lot. In addition, all recreational
equipment shall be stored or parked to the rear of the rear building
line of the principal building.
4.
All recreational vehicles must be kept clean and in good repair at
all times and shall carry a current year's license or registration
as required by law.
5.
The owner of the recreational vehicles shall have and display upon
request to any authorized officials of the Borough satisfactory proof
of ownership of such recreational equipment.
6.
All recreational vehicles shall be maintained in mobile condition.
7.
No recreational vehicles shall be used for sleeping or dwelling purposes
while on said premises and shall not be commercially stored or offered
or displayed for sale. Further, such recreational equipment shall
not be connected with any electric, water, gas or sanitary sewer facilities.
8.
No construction or repair of any such recreational vehicles shall
be carried on outdoors in any residential district. For purposes of
this chapter, construction or repair shall not include painting or
essential maintenance.
9.
No recreational vehicles shall be stored, parked or maintained so
as to create a dangerous or unsafe condition on the premises where
parked.
10.
Loading and unloading of recreational vehicles at any location on
the premises is permitted, provided that said vehicle is not stored
or parked for a period longer than forty-eight (48) hours in any seven
(7) consecutive days.
b.
All recreational vehicles shall be effectively screened with attractive
plantings, shrubs and trees or fencing so as not to be readily visible
from the street or from any adjoining or nearby properties.
[Ord. No. 751 § 27-3.10; Ord. No. 759 § 9; Ord. No. 1015-2015 § 2; Ord. No. 1030-2016 § 2]
a.
General. The Land Use Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area and does not have any adverse effect on surrounding properties. All conditional uses shall be subject to site plan review in accordance with Article III of this chapter.
b.
Requirements for specific uses.
1.
House of worship and public or private school approved by the State
of New Jersey, Department of Education:
(a)
The site must have direct access only from a collector road
or arterial road.
(b)
The site must be located in the Borough sewer service area.
(c)
The site must be served by a public water system.
(d)
Minimum lot area: 10 acres.
(e)
Maximum height: 40 feet.
(f)
Minimum perimeter building or structure setback: 100 feet.
(g)
Maximum site disturbance: 50%.
(h)
Minimum on-site parking: compliance with parking standards set
forth in this article.
2.
(Reserved)
3.
Notwithstanding anything contained in the Land Development Ordinance to the contrary, recreation facilities in the RR-3 Zone owned and/or operated by a school shall comply with the specific conditional use requirements for the paragraphs below [with any deviations reviewed pursuant to N.J.S.A.40:55D-70d(3)] in place of the Schedule I, Table of Height, Area and Other Bulk Requirements (Subsection 23-38.4), for the RR-3 Zone:
[Added 5-14-2019 by Ord.
No. 1071-2019]
(a)
Minimum total lot size of 20 acres.
(b)
Minimum contiguous frontage of 500 feet on a county, collector
or arterial road.
(c)
Public sanitary sewer service and public domestic water service
shall be available to the site.
(d)
Maximum building height for new principal and accessory buildings
shall be 35 feet.
(e)
Maximum building coverage for all buildings shall be 2.4% of
the total lot area, but maximum building coverage for new buildings
as of the date of this ordinance amendment[1] used primarily for academic or school administration purposes
(which shall be considered permitted accessory uses and structures
associated with the permitted conditional use of recreational facilities
in the RR-3 Zone operated by a school) shall not exceed 13,000 square
feet.
[1]
Editor's Note: This ordinance amendment was adopted 5-14-2019.
(f)
Maximum site disturbance of 50% of total lot area.
(g)
Minimum setback for all new buildings as of the date of this
ordinance amendment[2] shall be 100 feet from property lines and street frontages,
except no setback shall be required from Tax Map property lines that
coincide with municipal boundary lines where the property on both
sides of the boundary lines is commonly owned.
[2]
Editor's Note: This ordinance amendment was adopted 5-14-2019.
(h)
Parking shall be sufficient to accommodate the parking needs
generated by any newly constructed recreation facilities operated
by a school. The availability of school parking facilities on adjacent
property in common ownership shall be taken into account in determining
parking sufficiency.
4.
Private recreation facility.
(a)
The site has the availability of direct access to a major arterial
road.
(b)
Minimum lot area: 100 acres.
(c)
Minimum perimeter setback for new structures: 100 feet.
(d)
Maximum FAR: 0.02.
(e)
Maximum height: 35 feet.
(f)
Parking shall be sufficient to accommodate the parking needs
generated by any change in use or expansion.
(g)
Permitted accessory activities include social gatherings, meetings,
parties, dinners and the like. Permitted structures include buildings,
houses, stables, kennels, residential staff quarters, administrative
offices and other structures used for the conduct of such activities.
5.
Home occupations.
(a)
The practitioner must be the owner or lessee of the residence
in which the home occupation is contained.
(b)
The practitioner must reside in the home.
(c)
The practitioner shall not engage the services of more than
one office employee. Use of the office by groups of other persons
shall not be permitted.
(d)
The home occupation shall occupy less than 50% of the total
area of the floor where located, excluding space used for a private
garage or 900 square feet, whichever is smaller.
(e)
No clients shall, in such relationship, remain on the premises
overnight.
(f)
The residential character of the neighborhood and the premises
shall not be subordinated to the home occupation use.
(g)
Adequate parking spaces shall be provided in accordance with Article V so that no parking related to the home occupation shall occur on the street.
(h)
No retail sales shall be conducted on the site.
(i)
No more than one business visitor shall be permitted at any
one time.
(j)
No sign identifying the home occupation shall be permitted,
and there shall be no identification of such home occupation upon
any mailbox.
(k)
No equipment or process shall be used in such home occupation
which creates noise, glare, fumes, odors, electrical interference,
medical waste or other nuisance factors detectable to the normal senses
or to radio, telephone or television equipment off the lot.
6.
Conference centers.
(a)
The facility shall not be open to the general public.
(b)
The facility may provide rooming facilities but no such facility
may be occupied by a person or persons other than in attendance for
training and instruction at the conference facility.
(c)
The facility shall not be permitted to host trade shows, or
the like, which would attract the general public and for which a general
admission charge is paid.
[Ord. No. 751 § 27-3.11]
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill and community residences for persons with head
injuries shall be a permitted use in all residential zones, including
the VN zone only to the extent otherwise permitted by law. The standards
governing single-family dwellings in the applicable zone shall apply.
[Ord. No. 751 § 27-3.12]
Child care centers are permitted uses in all nonresidential
zones in accordance with the following requirements:
[Ord. No. 751 § 27-3.13]
Family day care homes are permitted as accessory uses in all residential zones. All of the standards governing home occupations as set forth in subsection 23-40.6b2, except for paragraph (f), shall apply.
[Ord. No. 751 § 27-3.14]
Public utility lines for the transportation and distribution
and control of water, electricity, gas, oil, steam, telegraph and
telephone communications and their supporting members, other than
buildings or structures, shall not be required to be located on a
lot, nor shall this chapter be interpreted as to prohibit the use
of a property in any zone for the above uses.
[Ord. No. 751 § 27-3.15; Ord. No. 805 § 1]
a.
WIRELESS COMMUNICATION
WIRELESS COMMUNICATION ANTENNA
WIRELESS COMMUNICATION TOWER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean any personal wireless service as defined in the
Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed
commercial wireless telecommunication services, including cellular,
PCS, SMR, ESMR, paging, and similar services that currently exist
or that may in the future be developed. "Wireless communications"
does not include any amateur radio facility that is under seventy
(70) feet in height and is owned and operated only by a federally
licensed amateur radio station operator or is used exclusively to
receive transmissions, nor does it include any parabolic satellite
antennas, nor does it include non-wireless telephone service.
Shall mean any device which is used for the transmission
and reception of wave frequencies for the purpose of any wireless
communication as defined hereinabove. For the purposes of this subsection,
wireless communication antennas shall not be considered to be a public
utility.
Shall mean a free-standing monopole structure on which one
(1) or more antennas are attached, but shall not mean existing structures
such as silos, steeples, cupolas or water tanks.
b.
Overall Purposes.
1.
It is the overall purpose of this subsection to provide specific
zoning conditions, standards and limitations for the location, approval
and operation of wireless communication antennas within the Borough
of Peapack and Gladstone that recognize the need to safeguard the
public good, health, safety and welfare and preserve the intent and
the purposes of the Peapack and Gladstone Borough Master Plan and
Land Development Ordinance.
2.
It is understood by the Borough of Peapack and Gladstone that the
Federal government, through the Federal Communications Commission
(FCC), issues licenses for wireless communications, and that the FCC
requires the license holders to provide coverage within the areas
so licensed.
3.
However, it also is understood by the Borough of Peapack and Gladstone
that the Federal Telecommunications Act of 1996 ("FTA") expressly
preserves the zoning authority of the Borough to regulate the placement,
construction and modification of personal wireless service facilities
subject to the six (6) limitations noted at § 332(c)(7)(B)
of the FTA.
4.
In this regard, the FTA does not abrogate local zoning authority
in favor of the commercial desire to offer optimal service to all
current and potential customers, and the providers of the personal
wireless services must bear the burden of proving that any proposed
service facility is the least intrusive means of filling a significant
gap in wireless communication services in the area.
c.
Overall Objective.
1.
The overall objective of this section is to allow the provision of
wireless communication services while, at the same time, limiting
the number of antennas and supporting towers to the fewest possible,
and only in those locations which do not negatively impact upon the
prevailing unique and visually attractive character of the Borough,
including its scenic rural areas and the historic villages of Peapack
and Gladstone.
2.
In this regard, the Borough of Peapack and Gladstone contains many
structures dating from the early 1700s which have been identified
by Somerset County and by the Borough of Peapack and Gladstone to
be eligible for inclusion on the National Register of Historic Places.
3.
The historic village areas and the lands nearby the villages are
largely developed; therefore, and understandably, the emphasis is
on the avoidance of new development that may have substantial detrimental
impacts on the existing character of the built environment, either
physical or visual.
d.
Specific Goals.
1.
To minimize the total number of wireless communication towers within
the Borough of Peapack and Gladstone;
2.
To limit the impact of wireless communication antennas, towers and
related facilities upon the residences and the streetscapes throughout
the Borough of Peapack and Gladstone;
3.
To safeguard the prevailing and historic character of development
throughout the Borough of Peapack and Gladstone, with particular emphasis
on maintaining the prevailing character of the historic districts
and sites throughout the Borough;
4.
To encourage the location of antennas upon, or within, existing structures
including, but not limited to, existing towers, tanks, cupolas, steeples
and silos;
5.
To encourage the collocation of antennas on the fewest number of
existing structures within the Borough of Peapack and Gladstone;
6.
To encourage the communication carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and viewsheds through careful design,
siting, landscape screening and innovative camouflaging techniques;
7.
To encourage the use of alternate technologies which do not require
the use of towers, or require towers at relatively lesser heights;
8.
To enhance the ability of the carriers of wireless communications
services who adhere to the letter and intent of these ordinance provisions
to provide such services quickly, effectively and efficiently; and
9.
To comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. Section 332 (c)(7), which preserves local government
authority to enforce zoning requirements that protect public safety,
public and private property and community aesthetics.
e.
Exemptions of Applicability. This section shall not apply to any
tower or the installation of any antenna that is under seventy (70)
feet high and is owned and operated only by a federally licensed amateur
radio station operator or is used exclusively to receive transmissions,
nor shall it apply to any parabolic satellite antennas or non-wireless
telephone services.
f.
Locations Where Wireless Communication Antennas May Be Located. Wireless
communication antennas may be located only at the following two (2)
prioritized locations:
1.
First Priority Locations. The first priority locations for wireless
communication antennas shall be on the existing clock tower and water
tank or within the existing cupola and steeples in Peapack and Gladstone
Borough identified in Addendum I[1] to this section; antennas so located are permitted uses
in the zoning districts in which the identified existing structures
are located, notwithstanding any other provision of this subsection
to the contrary.
[1]
Editor's Note: Addendum I is included as an attachment to this chapter.
2.
Second Priority Locations. The second priority locations for wireless
communication antennas shall be on new wireless communication towers
on land areas in accordance with the following locational criteria,
and antennas so located are conditionally permitted uses:
(a)
On lands within the "ORL" Office Research Laboratory zone; and
(b)
On lands within the "RE" Rural Estate zone, provided that at
least ten thousand (10,000) square feet of the required land area
has an existing grade at least five hundred (500) feet above sea level
and, additionally, that no portion of the required land area is located
within one thousand (1,000) feet of an existing residential dwelling.
g.
Requirements for First Priority Locations.
1.
The location of wireless communication antennas on or within the structures in Peapack and Gladstone Borough identified in Addendum I shall be considered permitted uses and shall require minor site plan review and approval of a submitted application by the Peapack and Gladstone Borough Land Use Board in accordance with Section 23-28 of this chapter.
2.
In addition to the information otherwise required for minor site plans as identified on the Borough's minor site plan application checklist in subsection 23-33.1 of this chapter, the applicant shall provide the following information to the Land Use Board:
(a)
Any proposed structural modification to the existing tower,
tank, cupola, steeple or silo that is necessary to accommodate the
proposed antennas, provided that the height of the existing structure
shall not be increased;
(b)
Details of the proposed antennas, which shall be flush-mounted
antennas totaling no more than six (6) in number;
(c)
The proposed location and landscape screening of any shelters
enclosing the related electronic equipment;
(d)
Any other construction that may be proposed or required regarding
the installation of the proposed antennas; and
(e)
The height of any proposed antenna attached to an existing structure,
provided that no antenna shall extend higher than ten (10) feet above
the height of the existing structure.
h.
Requirements for Second Priority Locations.
1.
Regarding the second priority locations for wireless communication antennas (i.e., on lands within the "ORL" Office Research Laboratory zone, and on lands within the "RE" Rural Estate zone provided that at least ten thousand (10,000) square feet of the required land area has an existing grade at least five hundred (500) feet above sea level and, additionally, that no portion of the required land area is located within one thousand (1,000) feet of an existing residential dwelling, any such proposed tower, antennas and related equipment shall require both conditional use approval in accordance with Section 23-32 of this chapter, and preliminary and final site plan approvals in accordance with Sections 23-29 and 23-30 of this chapter.
2.
The following information shall be submitted for site plan approval, and the referenced subsections 23-40.15i; 23-40.15j; 23-40.15k and 23-40.15l contain the specific conditions, standards and limitations for wireless communication antennas on wireless communication towers in the Borough of Peapack and Gladstone:
(a)
In order to be declared complete, the initially submitted application shall include all of the applicable documentation and items of information identified on the Borough's preliminary and final site plan application checklist in subsection 23-33.4 of this chapter;
(b)
In order to be declared complete, the initially submitted application shall include an "Overall Comprehensive Plan" in accordance with subsection 23-40.15i of this chapter hereinbelow;
(c)
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the "Area and Setback Conditions" set forth in subsection 23-40.15j of this chapter hereinbelow;
(d)
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the "Design Conditions" set forth in subsection 23-40.15k of this chapter hereinbelow;
(e)
In order to be declared complete, the initially submitted application shall include the "Additional Conditions" indicated in subsection 23-40.15l of this chapter hereinbelow; and
(f)
During the public hearing process, the applicant shall schedule
the time for a crane or balloon test with the Secretary of the Land
Use Board in order to provide the members of the Land Use Board and
the general public the opportunity to view a crane or balloon at the
location and height of the proposed tower. Thereafter, a visual sight
distance analysis shall be prepared by the applicant and presented
to the Land Use Board, including photographic reproductions of the
crane or balloon test, graphically simulating the appearance of the
proposed tower, with at least three (3) antenna arrays attached thereto
and from at least fifteen (15) locations around and within one (1)
mile of any proposed tower where the tower will be most visible.
i.
Overall Comprehensive Plan.
1.
In order to effectuate the purposes, objectives and goals of these
subsection provisions, any applicant for approval to erect a new supporting
tower for wireless communication antennas shall provide threshold
evidence that the proposed location of the tower and antennas has
been planned to result in the fewest number of towers within and around
the Borough of Peapack and Gladstone at the time full service is provided
by the applicant.
2.
The applicant shall provide an overall comprehensive plan indicating
how it intends to provide full service within and around the Borough
of Peapack and Gladstone and, to the greatest extent possible, shall
indicate how its plan specifically relates to and is coordinated with
the needs of all other providers of wireless communication services
within and around the Borough.
3.
The overall comprehensive plan shall indicate the following, and
this information shall be provided at the time of the initial submission
of the application:
(a)
The mapped location and written description of all existing
and approved supporting towers for all providers of wireless communication
services within one (1) mile of the subject site, both within and
outside of Peapack and Gladstone Borough;
(b)
The mapped location and written description of all existing
or approved water towers or water standpipes and existing high tension
power line stanchions within one (1) mile of the subject site, both
within and outside of Peapack and Gladstone Borough;
(c)
Why the proposed antennas could not be located on any of the
structures listed and mapped in Addendum I[2] attached to these ordinance provisions;
[2]
Editor's Note: Addendum I is included as an attachment to this chapter.
(d)
How the proposed location of the proposed antennas specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the Borough of Peapack and Gladstone by
the applicant and by other providers of wireless communication services
within the Borough;
(e)
How the proposed location of the proposed antennas specifically
relates to the objective of collocating the antennas of many different
providers of wireless communication services on a single supporting
structure; and
(f)
How the proposed location of the proposed antennas specifically
relates to the overall objective of providing adequate wireless communication
services within the Borough of Peapack and Gladstone while, at the
same time, limiting the number of towers to the fewest possible, including
alternate technologies which do not require the use of towers or require
towers of a lesser height.
j.
Area and Setback Conditions.
1.
The proposed tower, antennas and ancillary related electronic equipment
are required to be located on a land area no less than twenty thousand
(20,000) square feet;
2.
The minimum required land area shall either be a separate undeveloped
lot or a leased portion of an existing undeveloped or developed lot;
3.
The proposed tower, antennas and related equipment, and any approved
building housing the electronic equipment and any approved camouflaging
of the tower, shall be the only land uses located on the required
twenty thousand (20,000) square foot subject land area, whether a
separate lot or a leased portion of a lot; and
4.
Except for any access driveway into the property, required landscaping
and any underground utility lines reviewed and approved by the Land
Use Board as part of the site plan submission, no building, tower,
other structure and/or disturbance of land shall be permitted within
one hundred (100) feet of any street line and within fifty (50) feet
of any lot line of any adjacent property, provided that, in any case,
no building, tower, other structure and/or land disturbance shall
be located within one thousand (1,000) feet of an existing residential
dwelling or within one thousand (1,000) feet of any historic district
or site as duly designated by Peapack and Gladstone Borough, Somerset
County, the State of New Jersey and/or by the Federal government.
k.
Design Conditions.
1.
All towers shall be a monopole design.
2.
All towers shall be camouflaged (e.g., housed in a silo, bell tower,
etc., or made to look like a tree or a non-oversized flagpole) as
may be appropriate in the context of the visibility of the tower from
different vantage points throughout the Borough and the existing land
uses and vegetation in the vicinity of the subject site.
3.
The height of any proposed new tower and the antennas attached thereto
shall not exceed one hundred twenty-five (125) feet from the existing
ground level beneath the tower.
4.
No signage is permitted except such information signs deemed necessary
for safety purposes by the Land Use Board.
5.
Minimal off-street parking shall be permitted as needed and as specifically
approved by the Land Use Board.
6.
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
The applicant shall provide to the Land Use Board all applicable FAA
standards regarding lighting that may apply to a proposed tower.
7.
Individual shelters for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following design criteria:
(a)
Any proposed shelter enclosing required electronic equipment
shall not be more than fifteen (15) feet in height nor more than two
hundred fifty (250) square feet in area, and only one (1) such shelter
shall be permitted for each provider of wireless communication services
located on the site;
(b)
No electronic equipment shall interfere with any public safety
communications;
(c)
All of the electronic equipment shall be automated so that the
need for on-site maintenance and the commensurate need for vehicular
trips to and from the site will be minimized;
(d)
All of the shelters for the required electronic equipment for
all anticipated communication carriers to be located on the subject
site shall be housed within a single one and one-half (1 1/2)
story building, which building shall not exceed one thousand (1,000)
gross square feet in area and twenty (20) feet in height, and which
shall be designed with a single-ridge, pitched roof with a residential
or barn-like appearance; and
(e)
The building may have one (1) light at the entrance to the building,
provided that the light is attached to the building, is focused downward
and is switched so that the light is turned on only when workers are
at the building.
8.
Between the location of the tower and the building enclosing related
electronic equipment and any public street or residential dwelling
unit or residential zoning district within view of the tower and the
building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or
newly planted evergreen and deciduous trees and shrubs of sufficient
density to screen the view of the tower during all four (4) seasons
of the year, particularly at its base, to the maximum extent reasonably
possible, and to enhance the appearance of the building from the surrounding
residential properties and any public street;
(b)
The landscaping plan shall be prepared by a licensed landscape
architect who shall present testimony to the Land Use Board regarding
the adequacy of the plan to screen the tower from view and to enhance
the appearance of the building; and
(c)
Any newly planted evergreen trees shall be at least eight (8)
feet high at time of planting, and any newly planted deciduous trees
shall be a minimum caliper of three (3) inches at time of planting.
l.
Additional Conditions.
1.
Documentation by a qualified expert that any proposed tower will
have sufficient structural integrity to support the proposed antennas
and the anticipated future collocated antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunication Industry Association (TIA) have
been met;
2.
A letter of intent by the applicant, in a form that is reviewed and
approved by the Land Use Board Attorney, indicating that the applicant
will share the use of any tower with other approved wireless communication
carriers at reasonable rates that are economically viable; and
3.
The applicant (and the landowner in the instance of a leased property)
shall provide a performance bond and/or other assurances satisfactory
to the Land Use Board, in a form approved by the Land Use Board Attorney,
that will cause the antennas, any supporting tower, the electric equipment
cabinets, any building enclosing the electronic equipment shelters,
and all other related improvements to the land to be removed, at no
cost to the Borough, when the antennas are no longer operative. Any
wireless communication facility not used for its intended and approved
purpose for a period of six (6) months shall be considered "no longer
operative" and shall be removed by the responsible party within sixty
(60) days thereof.
m.
Locational Preferences for New Towers. The following are not conditions,
standards and limitations for the location of wireless communication
towers, but are preferences of the Borough:
1.
To the greatest extent possible, no tower shall be located to be
visible from any historic district or site as duly designated by Peapack
and Gladstone Borough, Somerset County, the State of New Jersey and/or
by the Federal government.
2.
To the greatest extent possible, no tower shall be located to be
visible from any street.
3.
To the greatest extent possible, any tower shall be located behind
existing buildings and/or natural topographic elevations in order
to screen the tower from view from adjacent properties and from any
street right-of-way.
n.
Other Requirements. All other applicable requirements of this chapter
not contrary to the conditions, standards and limitations specified
herein shall be met, but waivers and/or variances of such other applicable
requirements may be granted by the Land Use Board.
o.
Technical Review. In addition to its normal professional staff, given
the technical and specialized nature of the testimony by the applicant's
radio frequency expert(s), the Land Use Board may, at the applicant's
expense, hire its own radio frequency expert to review and comment
upon the testimony presented by the applicant. Additionally, based
upon other testimony presented by the applicant, the Land Use Board
may hire other experts with specialized areas of expertise if deemed
necessary, also at the applicant's expense.
p.
Application for Variances to the Land Use Board. Any application
submitted to the Peapack and Gladstone Borough Land Use Board for
a variance to construct or install wireless communication antennas
and/or a new wireless communication tower in a location not permitted
by this subsection shall be required to submit all of the information
required herein for second priority locations, and no such application
shall be deemed complete unless all of the required information is
provided or unless the need to provide the required information is
specifically waived by the Land Use Board.
[Ord. No. 751 § 27-3.16]
a.
Off-Street Parking and Loading Spaces. The following minimum number
of parking and loading spaces shall be provided for the uses specified
per gross floor area unless otherwise indicated:
|
Off-Street Parking and Loading Spaces
| |
|---|---|
|
Land or Building Use
|
Minimum Standards
(number of spaces)
|
|
Assembly hall, auditorium, stadium, theater, church or other
similar place or other similar place of public assemblage
|
1 for each 3 fixed seats or, where capacity cannot be determined
by the number of fixed seats, 1 for each 40 square feet of floor area
available for patron use
|
|
Assembly and finishing operations
|
1 for each 800 square feet of gross floor area
|
|
Automobile and gasoline service station
|
1 per service bay, gasoline pump, grease rack or similar unit
of service capability, plus 1 for each 2 employees during the period
of greatest employment, provided that the total number of spaces shall
be not less than 6 but no greater than 12 spaces
|
|
Dwelling:
| |
|
Detached single-family unit and patio home
|
2.5 per unit
|
|
Garden apartment
|
2.0 per unit
|
|
Townhouse
|
2.3 per unit
|
|
All other dwelling units, except units designed
for the elderly
|
1.25 for each one bedroom or efficiency unit; 1.75 for each
2 bedroom unit; and 2.0 for each 3 or more bedroom unit
|
|
Units designed and intended for the elderly
|
.5 for each dwelling unit except where it can be demonstrated
that public or private transit will be available, in which case these
requirements may be reduced accordingly
|
|
Financial institutions
|
1 for each 150 square feet of building floor area
|
|
Flower or plant nursery, landscape gardeners
|
1 per 1,000 of building area for such use
|
|
Industrial
|
1 per 800 square feet of gross floor area
|
|
Library
|
1 per 300 square feet of gross floor area
|
|
Manufacturing
|
1 per 800 square feet of gross floor area
|
|
Medical or dental clinic
|
1 for each 150 square feet of building floor area
|
|
Offices, business and professional, other than medical
|
1 for each 250 square feet of building floor area
|
|
Personal service business
|
1 for each 150 square feet of building floor area
|
|
Private kindergarten, child nursery or institutional home
|
1 for each 600 square feet of building floor area
|
|
Research
|
1 per 300 square feet of gross floor area
|
|
Restaurant
|
1 for each 3 seats, plus 1 for each 2 persons employed on the
premises at one time
|
|
Recreation centers, clubs and service organizations
|
1 for each 500 square feet of gross floor area, plus 1 for each
2 full-time employees
|
|
Retail business
|
1 for each 200 square feet of building floor area
|
|
Schools:
| |
|
Elementary
|
2 per classroom, but not less than 1 per each teacher and each
staff person
|
|
Intermediate
|
1.5 per classroom, but not less than 1 per each teacher and
each staff person
|
|
Undertakers, mortuary or funeral home
|
l for each 60 square feet of floor area available for seating
accommodations, plus 1 for each person employed on the premises
|
|
Wholesale Storage and Warehouse
|
1 per 5,000 square feet of gross floor area
|
|
Mixed uses
|
If 2 or more uses are conducted on 1 lot, the minimum required
number of parking spaces shall be the aggregate of the required minimum
number of parking spaces for each use, computed separately
|
|
Uses not specified
|
As determined by the Board on the basis of the number of persons
to be employed or reside in or visit said building and the anticipated
use by residents, visitors, or patrons of transportation modes other
than private automobiles
|
|
Loading spaces for nonresidential uses
|
Up to 20,000 square feet of building area: 1 space
20,000 square feet - 50,000 square feet of building area: l
additional space
For each additional 100,000 square feet of building space: 1
additional space
|
a.
Purpose of regulations. The purpose of these regulations is:
1.
To maintain and preserve the Borough of Peapack and Gladstone as
a pleasing and attractive environment so as to improve the quality
of life of all residents of the Borough.
2.
To aid in preserving and enhancing the aesthetic, environmental and
historic character of the Borough.
3.
To protect, conserve and enhance property values.
4.
To enable the identification of places of residence and business.
5.
To allow for the communication of information necessary for the conduct
of commerce.
6.
To minimize the size and number of signs and sign messages necessary
to identify a residential or business location and the nature of any
such business.
7.
To lessen hazardous situations, confusion and visual clutter caused
by proliferation, improper placement, illumination, animation, excessive
height, area and bulk of signs which compete for the attention of
pedestrian and vehicular traffic.
b.
Sign Permit Exemptions. Exemptions shall not be construed as relieving
the owner of such signs from the responsibility of complying with
applicable provisions of this chapter. The exemption shall apply to
the requirement for sign permit only. No sign permits shall be required
for the following signs:
1.
Any public notice or warning required by a valid and applicable Federal,
State or local law, regulation or chapter.
2.
Any sign which is inside a building, not attached to a window or
door, and is not readable from a distance of more than three (3) feet
beyond the lot line of the lot or parcel nearest to where such sign
is located.
3.
Holiday lights and decorations with no commercial message.
4.
Any sign indicating the name of a building and/or date of construction
and/or other incidental information about its construction, which
sign is cut into a masonry surface or made of bronze or similar permanent
material including historic tablets, cornerstones, memorial plaques
and emblems which do not exceed four (4) square feet in area from
a single viewpoint.
5.
Traffic control signs on private property, the face of which meets
the Department of Transportation standard, and which contain no commercial
message of any sort.
6.
Flags of the United States, New Jersey, the Borough of Peapack and
Gladstone, foreign nations having diplomatic relations with the United
States, other flags adopted or sanctioned by an elective legislative
body of competent jurisdiction and flags flown in conjunction with
the flag of the United States, provided that such a flag does not
exceed sixty (60) square feet in area and is not flown from a pole
in excess of forty (40) feet in height. A flag's area shall be in
reasonable proportion to the length of the pole from which it is displayed.
Not more than three (3) flags may be flown from any one (1) pole.
The statutory requirements associated with flags and general accepted
standards of flag display etiquette shall be observed.
7.
Signs forbidding, trespassing, hunting, fishing or trapping as authorized
by the fish and game laws not to exceed one (1) square foot in size
and further provided that no such sign shall be located less than
fifty (50) feet one from another.
8.
Signs or banners advertising public or quasi-public events that are
posted with the permission of the Borough Council or of any person
to whom the Borough Council has delegated this authority according
to guidelines set by the Borough Council.
9.
Pump mounted fuel price informational signs subject to the following:
(a)
Only one (1) fuel price informational sign shall be permitted
per fuel pump.
(b)
Fuel price informational signs shall be limited in size to an
area of two hundred sixteen (216) square inches in accordance with
State and Federal regulations.
(c)
Each fuel price informational sign shall be affixed directly
and firmly to a fuel pump and shall be stationary.
(d)
Nothing herein shall be construed to prohibit the advertisement
of fuel prices on any other sign meeting the requirements of this
section.
10.
U.S. Postal regulation mailboxes.
11.
Decorative flags.
12.
Farm and residential property identification signs, street number
designations, postal boxes and customary farm warning signs, in each
case not to exceed two (2) square feet in area.
c.
Permit procedure.
1.
No sign except those exempted by paragraph b above shall be placed,
constructed, erected or modified unless a sign permit shall have been
obtained from the Zoning Officer and, where required by the New Jersey
Uniform Construction Code, a building permit shall have been obtained
from the Construction Official. Signs which are not specifically allowed
by this subsection shall be prohibited.
2.
A Master Signage Plan shall accompany:
(a)
Any application for a sign permit, or
(b)
Any application for development filed with the Land Use Board
which involves installation or modification of any sign.
(1)
The Master Signage Plan shall contain the following information
for each existing and proposed sign:
(i)
Size (i.e. length, height, area, thickness, number
of faces).
(ii)
Letter style and size.
(iii)
Illumination.
(iv)
Colors (i.e. letter, background, trim).
(v)
Construction materials, structural integrity and
installation details.
(vi)
Window size (if applicable).
(vii)
Location (i.e. height above grade, distance from
roofline, building width, location from sides).
(viii)
Enumeration of relevant requirements with proposed
conditions.
(2)
The Master Signage Plan graphically depicting the sign may be
prepared by the applicant or a sign professional. The Master Signage
Plan application shall include a sketch or photograph showing the
dimensions of each facade, window and canopy of the building to which
a sign is to be attached, in sufficient detail to clearly indicate
the location, dimension and area of all existing and proposed permanent
signs affixed to the walls, windows and canopies of the building.
These dimensions shall either be shown on the sketch or photograph
or on an attached table.
(3)
In the case of a freestanding sign, a plot plan of the lot shall
be required as part of the Master Signage Plan, showing the location
of buildings, parking lots, driveways, landscaped areas and all other
existing and proposed signs.
(4)
Whenever a Master Signage Plan is filed with the Land Use Board,
a plot plan as described in this section shall be required for all
applications, and all plans and drawings which comprise a part of
the Master Signage Plan shall be prepared by a licensed architect,
engineer and/or land surveyor, as appropriate.
(5)
The applicant shall provide any additional information which
may be deemed necessary to determine whether the signage plan complies
with the purpose of the sign regulations.
3.
When installation or modification of a sign has been approved by
the Land Use Board as part of a development application, the Construction
Official shall issue a sign permit only if the proposed sign is consistent
with the Land Use Board's approval.
4.
Site Plan Approval.
d.
Measurement of Sign Area.
1.
Measurement of Area of Individual Signs. The area of a sign face
[which is also the sign area of a wall sign or other sign with only
one (1) face] shall be computed by means of the smallest square, circle,
rectangle, triangle or combination thereof that will encompass the
extreme limits of the writing, graphic illustration, picture, symbol
or other display, together with any material or color forming an integral
part of the background of the sign and used to differentiate the sign
from the backdrop or structure against which it is placed, but not
including any supporting framework, bracing or decorative fence or
wall when such fence or wall otherwise meets zoning regulations and
is clearly incidental to the sign itself. No sign shall have more
than two (2) display faces. The sign area for a sign with two (2)
faces shall be computed by adding together the area of all sign faces
visible from any one (1) point. When a sign having two (2) faces is
such that both faces cannot be viewed from any point at the same time,
the sign area shall be computed by the measurement of the larger of
the two (2) faces. For purposes of calculating window signs, a window
shall be considered the glazed area.
2.
Measurement of Height. The height of a freestanding sign shall be
computed as the distance from the base of the sign at normal grade
to the top of the highest attached component of the sign. Normal grade
shall be construed to be the lower of existing grade prior to construction
or the newly established grade after construction, exclusive of any
filling, berming, mounding or excavation solely for the purpose of
locating the sign. In cases in which the normal grade cannot reasonably
be determined, sign height shall be computed on the assumption that
the elevation of the normal grade at the base of the sign is equal
to the elevation of the nearest point of the crown of a public road
or the grade of the land at the principal entrance to the principal
structure on the lot, whichever is lower.
e.
General Regulations.
1.
Signs shall be in harmony and consistent with the architecture of
the building and relate to the features of the building in terms of
location, scale, color, lettering, materials, texture and depth. Signs
shall not be dominant but shall be proportionate and shall complement
the building, existing signs and surroundings.
2.
There shall be consistent sign design throughout a particular project.
The design elements include style of lettering, construction material,
size and illumination.
3.
Freestanding signs shall be integrated with the landscaping on site.
4.
Building signs shall not obscure, conflict with or cover any architectural
element and must be aligned with major building elements such as windows,
trim and structure lines.
5.
No sign shall extend or project above the highest elevation of the
wall to which it is attached or above the lowest part of the roofline
of the building, whichever is less.
6.
Illuminated Signs.
(a)
Internally illuminated signs shall have characters, letters,
figures and designs which are illuminated by electric lights as part
of the sign proper and the illumination shall be arranged so that
the light is reflected from the sign to the viewer.
(b)
Signs lit by external sources shall be allowed but shall be
located in such a manner so as to avoid any glare on adjacent property.
Sources of sign illumination shall be completely shielded from the
view of vehicular traffic using the road or roads abutting the lot
on which the sign is located.
(c)
External lights used for the illumination of any sign on a building
whether or not such light fixtures are attached to or separate from
the building, shall not project above the highest elevation of the
front wall of the building or more than eighteen (18) feet above the
street level of the premises, whichever is less.
f.
Prohibited Signs.
1.
No off-site advertising sign shall be erected, used or maintained
within the Borough of Peapack and Gladstone; provided, however, this
regulation shall not apply to temporary signs, otherwise permitted
by this subsection, that advertise special events sponsored by nonprofit
social, religious, political or cultural organizations or institutions.
2.
No signs shall be placed on fences, utility poles or trees (other
than signs permitted under subsection 23-40.16b7), railway or road
bridges, bridge supports or abutments, retaining walls, storage tanks
or water towers unless approved by the Borough Council.
3.
No roof sign, known also as a "sky sign," shall be allowed.
4.
No sign shall be placed on an accessory building.
5.
No sign shall be lighted by means of a flashing light, nor shall
any sign be in whole or in part moving, mobile or revolving or electrically
or mechanically activated.
6.
No sign shall be allowed in a window which serves a residential use.
7.
No televised advertising in a window shall be allowed.
8.
The use and display of temporary portable signs or windsocks, banners
or strings or streamers of flags, pennants or spinners or similar
objects and devices across, upon, over or along any premises or building,
whether as part of any sign or for advertising or public attraction,
or otherwise, is prohibited in any zone, except for:
9.
No signs shall be allowed that are placed on or affixed to vehicles
and/or trailers which are parked on a public right-of-way, public
property or private property so as to be visible from a public right-of-way
where the apparent purpose is to advertise a product, service or activity
or direct people to a business or activity located on the same or
nearby property. This is not intended, however, to prohibit signs
placed on or affixed to vehicles or trailers where the sign is incidental
to the primary use of the vehicle or trailer.
10.
No sign shall be allowed which obstructs the view of vehicle
operators or pedestrians entering a public roadway from any parking
area, service drive, public driveway, alley or other thoroughfare.
11.
No inflatable signs and tethered balloons shall be allowed,
except decorative small balloons.
12.
No temporary signs shall be allowed except as detailed in paragraph
j.
g.
Nonconforming Signs.
1.
In order to qualify for nonconforming use for signage status, the
use or sign must have been lawful under the land use regulation in
effect at its commencement, or predate applicable land use regulation,
or have received prior approval from the required approving authority.
2.
No nonconforming sign may be enlarged or altered in a way which would
increase its nonconformity. All nonconforming signs not otherwise
prohibited by the provisions of this section or mentioned in paragraph
g1 above shall be removed or shall be altered to conform to the provisions
of this section when the sign is changed or modified either in shape,
size, illumination or structure.
3.
Should any nonconforming sign be damaged by any means to an extent
of more than fifty (50%) percent of its replacement cost at time of
damage, it shall not be reconstructed except in conformity with the
provisions of this section.
h.
Removal of Certain Signs. In the event a business ceases operation
for a period of time in excess of sixty (60) days, the sign owner
or lessee, or the property owner, shall immediately remove any sign
identifying or advertising said business or any product sold thereby.
Upon failure of the sign owner or lessee, or property owner to comply
with this section, the Zoning Officer shall issue a written notice
to the sign owner or any lessee and to the property owner, which notice
shall state that such sign shall be removed within the following time
period: sign face: sixty (60) days; posts, columns and supporting
structures: one (1) year. If the sign owner or lessee, or property
owner, fails to comply with such written notice to remove, the Zoning
Officer is hereby authorized to cause removal of such sign, and any
expenses incidental to such removal shall be charged to the owner
of the property upon which the sign is located and shall constitute
a lien upon the property. For the purpose of this section, the word
"remove" shall mean:
i.
Sign Permit Revocable. All rights and privileges acquired under the
provisions of this chapter or any amendment thereto, are revocable
at any time by the Office of Code Enforcement if the applicant fails
to accurately depict the sign erected or to be erected or if the sign
which is erected fails to meet the details of the detailed drawing
submitted by the applicant. All such permits shall contain this provision.
j.
The following signs and the standards and conditions that govern
such signs are set forth below. All other signs are expressly prohibited.
|
Editor's Note: Residential and Nonresidential Sign Zone Specifications Table is included as an attachment to this chapter.
|
[Ord. No. 751 § 27-3.18; Ord. No. 916 § I]
a.
Continuance of Existing Nonconforming Uses and Structures. Any nonconforming
use or structure which lawfully existed at the time of the passage
of this article may be continued, and any existing legally nonconforming
building or structure may be reconstructed or structurally altered,
but only in accordance with the requirements of this article.
b.
Discontinuance of Abandoned Nonconforming Uses. Any nonconforming
use which has not been used for a continuous period of one (1) year
or more shall not thereafter be revived.
c.
Alteration, Extension or Enlargement of Nonconforming Use or Structure.
1.
A nonconforming use of any building, structure or land shall not
be increased, enlarged, extended or changed in any manner whatsoever.
2.
No building in which a nonconforming use exists shall be enlarged,
extended or structurally altered in any manner; provided, however,
that:
(a)
Nothing herein shall prevent the repair and maintenance of any
building wherein there exists a nonconforming use, provided that such
maintenance and repair does not in any way constitute or result in
a further extension of a nonconforming use.
(b)
Minor alterations and improvements which do not constitute or
require structural changes may be made in or to a building wherein
a nonconforming use exists, provided that such nonconforming use will
not be increased, extended or enlarged thereby.
(c)
Nothing herein shall prevent the strengthening or restoration
to a safe and lawful condition of any part of any building which is
nonconforming.
3.
Structural alterations, internal rearrangements and renovations may
be made in a building or structure which is nonconforming because
of its failure to comply with height, area, yard, off-street parking
or other like requirements of this chapter, other than use, so long
as the structural alteration or increase, internal rearrangement or
renovation does not extend or enlarge the nonconformance of said building
or structure. Enlarging the non-conformance for purposes of this section
shall be viewed in a three-dimensional manner to take into account
the impact on light, air and open space, as well as lateral dimensional
requirements.
4.
A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use.
d.
Restoration of Existing Buildings or Structures Nonconforming Because
of Use. Whenever a building or structure is nonconforming by reason
of its use, such building or structure may be restored or repaired
if less than eighty (80%) percent of the existing floor area is destroyed.
e.
Restoration of Existing Buildings or Structures Nonconforming for
Reasons Other Than Use. Whenever a building is nonconforming because
it fails to comply with any height, area, yard, off-street parking
or requirements of this chapter, other than use, and such building
is partially destroyed, such building may be restored to its prior
condition; provided, however, that such restoration shall not enlarge
the previously existing nonconformance.
f.
Nonconforming Improved Lot. When an improved lot in a residential
zone exists as a separate isolated lot under separate ownership and
does not adjoin any vacant land or vacant lot of the same owner, and
which said improved lot is nonconforming due to size, shape, area
or setback; any existing residential building or structure on the
lot may be further improved, provided that:
1.
The number of dwelling units shall not be increased even if such
increased number of dwelling units are allowed in the zone, unless
approved by the Land Use Board.
2.
Any existing nonconforming setbacks from streets, side lot lines
or rear lot lines shall not be made more nonconforming, but any improvement
may maintain the same nonconforming setbacks; provided, however, that
a minimum side yard of three (3) feet shall be maintained.
3.
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum impervious cover set forth in Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
4.
The Construction Official of the Borough of Peapack and Gladstone
is hereby authorized and empowered to issue any necessary construction
permits in accordance with the provisions of this subsection.
[Ord. No. 966 § 2]
Outdoor dining shall mean the consumption of food and/or beverages
on the premises of a restaurant or retail food establishment but outside
the principal building. Outdoor dining is permitted in the VN Village
Neighborhood Zone District as part of a permitted restaurant or retail
food establishment, provided a zoning permit is first obtained from
the Zoning Officer, and subject to the following conditions and requirements:
a.
Maximum Occupancy and Floor Plan. The maximum occupancy for an outdoor
dining area shall be no greater than the occupancy that would be allowed
pursuant to the Uniform Construction Code/2009 IBC Section 1004 if
the area were enclosed. A flood plan showing the proposed table and
chair layout consistent with the maximum occupancy shall be included
with the application for a zoning permit.
b.
Compliance Inspection. Prior to the use of any area for outdoor dining
pursuant to a permit issued by the Zoning Officer, the property owner
or the entity operating the restaurant or retail food establishment
shall request an inspection by the Zoning Officer who shall determine
compliance with paragraph a above and other applicable regulations
of the Borough of Peapack and Gladstone. No outdoor dining area shall
operate without the approval of the Zoning Officer following the inspection
required by this paragraph.
c.
Location in a Right-of-Way. Outdoor dining in a right-of-way shall
be permitted subject to paragraphs a and b above provided that:
1.
A minimum clear space pathway of at least four (4') feet is maintained
for pedestrian flow. This clear space pathway shall be subtracted
from the area available for outdoor dining in calculating the maximum
occupancy pursuant to paragraph a above.
2.
No appliances used to heat an outdoor dining area are permitted in
a right-of-way.
3.
Outdoor dining areas in a Borough right-of-way shall meet the following
requirements:
(a)
Outdoor dining may be prohibited temporarily at any time because
of conflicts with the use of the right-of-way area, including, but
not limited to, festivals, parades, marches, or repairs to the street,
sidewalk or other infrastructure. Advance notice of the suspension
of outdoor dining shall be provided to the extent possible.
(b)
The owner shall indemnify and hold the Borough and its agents
and employees harmless from and against all claims, damages, losses,
and expenses, including but not limited to attorneys fees, arising
out of the operation of the outdoor dining area.
(c)
The owner shall have on file with the Borough Clerk a current
Certificate of Insurance with respect to claims, damages, losses and
expenses arising out of the operation of the outdoor dining area naming
the Borough as an additional insured and having the following minimum
coverages:
(1)
Commercial General Liability: $1,000,000.00 combined single
limit per occurrence for bodily injury and property damage liability;
$1,000,000.00 personal injury and advertising injury and $2,000,000.00
general policy aggregate.
(2)
Excess Insurance/Umbrella: $5,000,000.00 each occurrence/ aggregate.
d.
Conduct of Outdoor Dining. Unless otherwise provided in an approving
resolution governing such matters the following shall apply:
1.
Outdoor dining shall be permitted on the property only in the area
designated on the floor plan provided to the Zoning Officer with the
application for a zoning permit pursuant to paragraph a above.
2.
The grounds where outdoor dining is conducted shall be clean and
free of litter.
3.
Outdoor lighting shall conform to the Standards of the Illuminating
Engineering Society Handbook, most recent edition and the following
standards:
(a)
General. No colored lighting is permitted.
(b)
Shielding. All lighting must be directed towards the outdoor
dining area and away from adjoining properties.
(c)
Hours of Operation. All lighting in the outdoor dining area
must be turned off at the end of the hours permitted for outdoor dining
in paragraph 4 below.
4.
Hours for outdoor dining shall be between 7:00 a.m. and 11:00 p.m.
from Sunday through Thursday and between 7:00 a.m. and 12:30 a.m.
on Friday and Saturday. Outdoor dining areas shall be cleared at the
end of the hours permitted for outdoor dining. Only tables, chairs,
and umbrellas, and other temporary furnishings or equipment used in
conjunction with the operation of an outdoor dining area may remain
in the outdoor dining area after 11:00 p.m. from Sunday through Thursday
and after 12:30 a.m. on Friday and Saturday.
5.
All appliances used to heat an outdoor dining area must be located
consistent with the manufacturer's specifications for clearance.
e.
Site Plan. Except as provided in paragraph g below, site plan review
and approval is required prior to the establishment of any outdoor
dining area by any restaurant or retail food establishment and for
any change in the physical area used for outdoor dining subsequent
to the issuance of a zoning permit. Site plan approval is not required
for outdoor dining in a right-of-way pursuant to paragraph c above.
f.
Inspection and Compliance. The Zoning Officer shall have the right
to periodically inspect the outdoor dining premises to ascertain,
compliance with the terms of this subsection and other applicable
regulations of the Borough of Peapack and Gladstone. Any violation
shall be grounds for the revocation of the zoning permit permitting
outdoor dining.
g.
Previously Issued Zoning Permits. Any restaurant or retail food establishment
that obtained a zoning permit for outdoor dining prior to the effective
date of this subsection (adopted June, 12, 2012) shall comply with
all of the conditions and requirements of this subsection except that
site plan approval is not required unless there is a change to the
physical area used for outdoor dining subsequent to the date on which
the zoning permit was issued. Prior to the first use of the previously
permitted outdoor dining area after the effective date of this subsection
(adopted June 12, 2012), the permit holder shall obtain the inspection
and approval required by paragraph b above.
[Ord. No. 1032-2016]
Any lot to be developed for the construction of a new residence
on lands not served by public sewage treatment facilities shall have
a minimum usable development lot area equal to at least one (1) contiguous
acre in accordance with the following criteria:
a.
The contiguous one (1) acre area must not contain any freshwater
wetlands, wetlands transitional buffers, 100-year flood plains, detention
or retention basins, topographic slopes twenty-five (25%) percent
or greater and/or any stream corridor buffers required by the State
of New Jersey;
b.
The contiguous one (1) acre area must be determined by the Borough
Engineer to be appropriately situated for the location and construction
of the principal building and its appurtenances, including customary
accessory uses and both the septic system and any potable water well
serving the lot. More specifically, the Borough Engineer shall determine
that the contiguous one (1) acre area is of sufficient dimension and
location within the required setback requirements that the principal
building and its accessory uses can be constructed without variances;
c.
The area must be shaped to permit the inscription of either a circle
with a diameter of at least two hundred (200') feet within its bounds
or, alternatively, with a rectangle at least one hundred fifty (150')
feet in width and length and with an area of at least three-quarters
(3/4) of an acre or thirty-two thousand six hundred seventy (32,670)
square feet (it is noted that the circle will be approximately thirty-one
thousand four hundred sixteen (31,416) square feet, which is relatively
close to three-quarter (3/4) of an acre or thirty-two thousand six
hundred seventy (32,670) square feet in area); and
d.
The development of the lot shall be designed to minimize disturbance
of any wooded areas and environmentally sensitive features.
