[1980 Code § 128-112]
In accordance with the terms of N.J.S.A. 40:55D-66.1 et seq.,
community residences for the developmentally disabled shall be a permitted
use in all residential districts of the Borough of Roselle Park.
[1980 Code § 128-113; amended by Ord. No. 1348; Ord. No. 2045; Ord. No. 2168 § I; Ord. No. 2174; Ord. No.
2274 § 1; Ord. No. 2275 § I; Ord. No. 2309; Ord. No. 2343; Ord. No. 2401; Ord. No. 2419; Ord. No. 2428; Ord. No. 2433-2015]
A.
Types and Area of Signs. A sign shall include banners, streamers,
whirling or lighting devices or any other type of attention-attracting
device and may be a single-faced, double-faced or a V-type structure.
The following terms are defined as indicated below:
1.
Business Sign. A sign which directs attention to the sale of goods
or to professional services, other services or entertainment rendered
or offered upon the premises where such sign is located.
2.
Billboard. A sign, in excess of twenty-four (24) square feet in area,
that directs attention to a business, commodity, service, entertainment
or facility and is not located upon the business premises.
3.
Flashing Sign. Any illuminated sign on which the artificial light
is not maintained stationary and constant in intensity or color at
all times when such sign is in use, including, but not limited to
moving, rotating, flashing, oscillating, shuttered or similar signage.
4.
Directional Sign. A sign containing no advertising other than a name,
either temporary or permanent that serves as a convenience to the
public to show direction to a place or activity.
5.
Political Campaign Sign. A sign advertising in favor of or in opposition
to a candidate for election, a political party, or a public question.
6.
Temporary signs, including banners and pennants, shall be permitted
for special public and semi-public events and for private grand openings,
special sales events, contractors, mechanics, painters and artisans.
7.
Illuminated Sign. Any sign which is designed to be seen at night
by virtue of artificial light from within, behind or upon such sign,
but not including reflector-type signs unless the source of light
is made a part of, or is related to, such sign.
8.
Sign Area. The gross area within a single continuous perimeter enclosing
the extreme limits of such sign. However, such perimeter shall not
include any structural elements lying outside the limits of such sign
and not forming an integral part of the display unless such structural
elements are purposely illuminated to form a part of the display.
In the case of an open sign, made up of individual letters, figures
or designs, the space between such letters, figures or designs shall
be included. In computing the area of a double-faced sign, both sides
shall be considered, regardless whether both sides are identical.
9.
Wall Sign. A sign attached to or painted on a wall and subject to
all sign regulations herein.
10.
Pole Sign. A sign constructed of one (1) or two (2) poles with
the sign permanently affixed to the pole(s) and containing one (1)
or two (2) sign faces.
11.
Hanging Sign. A sign that hangs off of brackets or chains.
13.
A-Frame Signs. A-frame signs shall be allowed for businesses
such as restaurants, liquor stores, etc., to advertise daily specials.
The A-frame signs shall be no greater than two (2) foot wide by four
(4) foot tall, total size above finished grade and must be maintained
against the building so as not to impede pedestrian traffic. The A-frame
signs can only be exhibited during business hours and must be removed
at the conclusion of business hours.
14.
Freestanding Banners. A freestanding banner shall be allowed
for all businesses. The freestanding banner shall be no greater than
one (1) foot wide by eight (8) feet tall total size above finished
grade, and must be maintained against the building so as not to impede
pedestrian traffic or obstruct the visual path of vehicular traffic.
The freestanding banner may only be exhibited during business hours
and must be removed at the conclusion of business hours.
B.
Signs in R-1, R-2, R-3 and R-4 Residential Districts as Defined in
This Land Use Chapter of the Borough of Roselle Park. No sign shall
be placed where it obstructs pedestrian or vehicular views.
1.
The following signs may be erected and maintained, subject to the
conditions specified:
a.
One (1) nonilluminated nameplate and exceeding one (1) square
foot in area announcing the name and address of the occupants of the
residence.
b.
One (1) sign of a professional, including without limitation
to physician, dentist, or lawyer or a person conducting a home occupation
on the premises, having no greater dimension than eighteen (18) inches
by nine (9) inches, which sign shall not be illuminated.
c.
One (1) bulletin board, which may be illuminated by non-flashing,
uncolored, diffused or indirect lighting.
d.
One (1) sign, not exceeding fifteen (15) square feet in area,
identifying a place of worship, school, clinic or a public or semi-public
institution, which sign may be illuminated by non-flashing, uncolored,
diffused or indirect lighting, and such sign shall be set back at
least one-third (1/3)[2] from any existing front yard.
[2]
Editor's Note: Codified as per ordinance.
e.
One (1) nonilluminated real estate sign not exceeding four (4)
square feet in area. Any such real estate sign shall be limited specifically
to a "for sale" or "for rent" sign and must be removed within three
(3) days of closing of title or beginning of tenancy.
f.
"No trespassing" signs and signs indicating private ownership
of a property or a road, not exceeding one and one-half (1 1/2)
square feet in area, and located no closer to the street than the
existing building setback.
g.
One (1) incidental sign shall be permitted for any multifamily
dwelling in which a business or rental office is located, which sign
shall have an area not exceeding two (2) square feet; and, in addition,
one (1) sign announcing the name of the multifamily dwelling project
having an area not exceeding eight (8) square feet, which sign may
be illuminated with non-flashing, uncolored, diffused or indirect
light.
h.
Temporary signs of contractors, mechanics, painters and artisans,
erected and maintained on the premises during the duration of the
work only, one such sign per trade, each having an area of not more
than four (4) square feet; and provided, however, that each such sign
shall be removed within three (3) days of the completion of the work
to which it refers; shall not be limited; and shall be located no
closer than ten (10) feet from the street line.
i.
Business signs or signs for any permitted commercial activity.
A sign or signs for any permitted commercial activity. A sign may
be erected and maintained in the same building or premises as used
to which it refers, provided that:
(1)
The number of such signs shall not exceed two (2); provided,
however, that only one (1) of such signs shall be installed in the
front of any building.
(2)
The maximum total area of the primary sign permitted in the
front of the building shall not exceed ten (10%) percent of the wall
of the building on which it is attached, and the maximum total area
of the other permitted sign shall not exceed eight (8) square feet;
provided, however, that any such sign shall be mounted flush with
the face of the building and shall not protrude more than three and
one-half (3 1/2) inches from the face of the building. No sign
shall extend beyond the roof of the building.
2.
Signs conforming to Subsection B1c and/or d above shall not be subject
to site plan approval.
C.
Awnings and Signs in R-1, R-2, R-3, R-4, B-1, B-2, B-3, SCH and PD Districts as Defined in This Chapter 40, Land Use of the Revised General Ordinances of the Borough of Roselle Park. The following signs may be erected and maintained, subject to the conditions specified. No sign shall be placed where it would obstruct pedestrian or vehicular view.
1.
Awnings shall be permitted on all retail buildings in the Borough
in all zones. All awnings shall be constructed and installed so that
the awning compliments the overall building design. No awning shall
extend more than four (4) feet from the building facade. No awning
frame shall be less than eight (8) feet above the ground, and no valance
shall be closer than seven and one-half (7 1/2) feet from the
ground.
2.
Any sign permitted in residential districts; provided, however, that
real estate "for sale" and "for rent" signs may be increased to an
area not exceeding two (2) feet by four (4) feet for each street frontage.
3.
All commercial stores that are open for business must have at least
one (1) sign to identify their business. Business signs or signs for
any permitted commercial activity may be erected and maintained on
the same building or premises as used to which it refers provided
that:
a.
The number of such signs shall
not exceed two (2); provided, however, that only one (1) of such sign
shall be installed in the front of any building.
i.
However, all businesses facing the Westfield Avenue Corridor
shall be allowed three (3) signs; one such sign on the face of the
building and one such sign on each side of the building if applicable.
b.
The maximum total area of the primary
sign permitted in the front of the building shall not exceed ten (10%)
percent of the wall of the building on which it is attached, and the
maximum total area of the other permitted sign shall not exceed eight
(8) square feet; provided, however, that any such sign shall be mounted
flush with the face of the building and shall not protrude more than
three and one-half (3 1/2) inches from the face of the building.
No sign shall extend beyond the roof of the building.
i
Businesses facing the Westfield Avenue Corridor shall be permitted
one sign on the face of the building not to exceed ten (10%) percent
of the wall to which it is attached; the other aforementioned permitted
signs shall not exceed five (5%) percent of the wall to which it is
attached, or sixty (60) square feet, whichever is less.
c.
Illuminated Signs shall be permitted on the front of the building
and shall not exceed ten (10%) percent of the wall to which it is
attached; the sign shall be lighted by internal means only provided
that any illumination shall not produce any significant lighting effect
measured at a horizontal distance five (5) feet beyond the sign.
d.
Temporary window signs shall not be considered in computing
the number of permitted signs or allowable sign area, provided that
such interior window signs do not cover more than thirty (30%) percent
collectively, of any single window and are not permanently affixed
to the windows.
4.
With respect to this Subsection C, pole signs shall be permitted
in all business districts facing the Westfield Avenue Corridor subject
to the following requirements:
a.
Such sign shall not have an area greater than thirty (30) square
feet per face;
b.
Such sign shall be within the property lines and shall not overlay
the public right-of-way;
c.
Such sign shall not be mounted on roofs;
d.
The sign may be lighted by internal means only, provided that
any illumination shall not produce any significant lighting effect
measured at a horizontal distance five (5) feet beyond the sign; and
e.
The total permitted height of the sign, including the post,
shall not exceed twenty (20) feet.
5.
Awnings and Signs in R-1, R-2, R-3, R-4, B-1, B-2, B-3, SCH and PD Districts as Defined in This Chapter 40, Land Use of the Revised General Ordinances of the Borough of Roselle Park.
Flashing, fluttering, moving signs shall be permitted only under
the following regulations.
(a)
All proper permits be filed with the Borough.
(b)
Sign restricted to the front of the building or on a free standing
pole (requirements - 10% of the building face no higher than 20 feet,
no larger in size than 30 square feet, and cannot over lay into the
right-of-way).
(c)
All other regulations pertaining to signage shall apply.
[Ord. No. 2433-2015]
D.
Signs in the ROB District as defined in this Chapter 40, Land Use, of the Revised General Ordinances of the Borough of Roselle Park. The following signs may be erected and maintained, subject to the conditions specified:
1.
Any sign permitted in residential districts; provided, however, that
real estate signs permitted by this section may be increased to an
area not exceeding twelve (12) square feet for each street frontage.
2.
Business signs or signs for any permitted commercial activity. A
sign may be erected and maintained on the same building or premises
as the use to which it refers, provided that the number of such signs
shall not exceed two (2), only one (1) of which shall be installed
in the front of a building.
3.
One (1) sign designating the name and address of the building may
be attached to the front wall of the building; provided, however,
that the following restrictions shall apply:
a.
Such sign shall not have electric lights or fixtures attached
to it nor be lighted in any manner other than by general floodlighting
illuminating the facade of the building.
b.
Such sign shall be a flat sign against the building and shall
not project beyond the ends or above the roof of the building.
c.
Such sign shall not have an area greater than five (5%) percent
of the total area of the wall of the building to which it is attached
or sixty (60) square feet, whichever is less.
4.
One (1) pole sign describing the business or businesses located on
the lot in question; provided, however, that the following restrictions
shall apply:
a.
Such sign shall not have an area greater than fifteen (15) square
feet per face.
b.
Such sign shall be set back from the front property line at
least ten (10) feet.
c.
The sign may be lighted by internal means or with floodlights
from ground level only, provided that the illumination shall not produce
any significant lighting effect measured at a horizontal distance
five (5) feet beyond the sign.
d.
The total permitted height of the sign, including the post shall
not exceed eight (8) feet.
5.
One (1) directory sign bearing the name and/or business of the occupants
of a multi-occupancy building may be located at the principal entrance
to such building, provided that no such sign shall exceed an area
of eight (8) square feet, and the area devoted to each occupant shall
not exceed seventy-two (72) square inches.
E.
Signs in the Industrial District as Defined in Chapter 40, Land Use, of the Revised General Ordinances of the Borough of Roselle Park. The following signs may be erected and maintained, subject to the following conditions specified:
1.
Any sign permitted in any other district.
2.
Signs for commercial use in the Industrial District shall be in accordance
with the provisions of Subsection C hereinabove.
3.
Pole signs shall be permitted, subject to the following requirements:
a.
Such sign shall not have an area greater than thirty (30) square
feet per face;
b.
Such sign shall be within the property lines and shall not overlay
the public right-of-way;
c.
The sign may be lighted by internal means only, provided that
any illumination shall not produce any significant lighting effect
measured at a horizontal distance five (5) feet beyond the sign; and
d.
The total permitted height of the sign, including the post,
shall not exceed twenty (20) feet.
4.
On any lot, one (1) billboard extending not more than thirty (30)
feet in height, such billboard having a display area no greater than
eight (8) feet high and thirty (30) feet long, the bottom of the sign
not less than ten (10) feet above the ground, and provided that none
of the above signs shall be permitted within a required front yard.
No billboard shall be located any closer than one thousand (1,000)
feet to any other billboard.
F.
General Sign Regulations. The following shall apply to all signs
in the Borough.
1.
No sign shall be erected or maintained so as to prevent free and
safe ingress to and egress from any window, door or fire escape and
no sign shall be attached to a fire escape.
2.
No sign shall be erected or maintained at the intersection of streets
or at a driveway entrance or exit so as to obstruct free and clear
vision, and if, located near or within a line of vision of any traffic
control sign or signal, such sign shall have no red, green or amber
illumination.
3.
Signs may be painted on or affixed flat against the walls of buildings
or may project therefrom not more than three and one-half (3 1/2)
inches.
4.
Directional signs of a public or semi-public nature, not exceeding
ten (10) square feet in area, may be erected in any district; provided,
however, that no advertising matter shall be contained thereon, which
signs may be used for the following purposes:
a.
To indicate name or location of a municipality or public facilities,
including without limitation, parking, administrative offices, community
centers, schools and places of worship.
b.
To indicate an event of general public interest lasting not
more than seven (7) consecutive calendar days, including without limitation,
a garage sale, flea market, car wash, trade show, fair, benefit, general
election and the like. Any such sign shall be deemed a temporary sign
and subject to the conditions governing temporary signs.
5.
Whenever a sign becomes dilapidated or structurally unsafe or endangers
the safety of the public, a building or premises, the Construction
Official or authorized designee shall give written notice to the owner
of the sign or the owner of the premises upon which such sign is located,
and such sign shall be made safe, repaired or removed, as applicable,
within a period of ten (10) days from receipt of such written notice;
otherwise such owner shall be in violation of this chapter.
6.
Neon, argon, or similar tubular gaseous illuminated signs shall be
permitted only pursuant to the following regulations:
a.
Those signs which are located in the interior of a building,
but are intended to be viewed from the outside, are limited to one
(1) sign per window and shall be no larger than six (6) square feet,
or ten (10%) percent of the total window area, whichever is less.
b.
Those signs located on the exterior of the building shall be
counted in the overall regulated sign area, and shall be shielded
by a translucent diffusing cover in order to minimize glare.
7.
Temporary Signs.
a.
Temporary signs, including affixed banners and pennants, shall
be permitted for special public and semi-public events and for private
grand openings and special sales events.
b.
One (1) temporary sign used by a business shall not be used
more than four (4) times in any calendar year with each use limited
to not more than thirty (30) days.
c.
No temporary sign shall exceed five (5%) percent of the wall
to which it is attached, or ten (10%) percent of the wall to which
it is attached if the building faces the Westfield Avenue Corridor.
Temporary signs shall require a permit from the Zoning Official. No
banner shall be affixed to a freestanding permanent sign.
8.
No hanging sign shall be permitted in any district of the Borough
of Roselle Park.
G.
Sign Permits, Bond and License.
1.
Permits. A sign permit shall be required for all signs regardless
of size, excluding: temporary window signs for businesses that do
not exceed thirty (30%) percent of the window to which it is attached,
and temporary signs for contractors, mechanics, painters and artisans.
a.
All signs shall incorporate the Borough's design standards for
signage, as same may be amended from time to time.
2.
Signs designating schools, nonprofit organizations, charities, places
of worship, political signs, etc. are exempt from requiring a permit
but must comply with any other requirements and regulations of this
chapter.
3.
All illuminated signs, regardless of size, shall require a sign permit,
and such illumination shall be installed in accordance with applicable
electric codes in force in the Borough, and further provided that
all signs shall incorporate the Borough's design standards for signage,
as same may be amended from time to time.
4.
Permit Fees. No sign permit shall be issued until a sketch showing the size, location, and text and owner has been indicated in writing and a fee has been submitted as set forth in Chapter 16, Building and Construction, of the Borough Code to the office of the Construction Official, together with license or bond, if required.
5.
Bond or Liability Insurance Policy and License. For any sign in any
district containing more than fifty (50) square feet and for any sign
of any size which projects over public property, a liability insurance
policy or an indemnity bond in an amount of ten thousand ($10,000)
dollars payable to the Borough of Roselle Park and in a form satisfactory
to the Borough Attorney, shall be posted by the owner or erector of
such sign; and any such sign and any roof sign of whatever size, shall
be erected by an experienced sign erector and certified by a licensed
engineer.
H.
Lawful Pre-existing Nonconforming Signs. The following provisions shall apply to any sign which was lawful prior to the adoption, revision or amendment of the Chapter 40, Land Use, but which fails to conform to the requirements of the Land Use Chapter by reasons of such adoption, revision or amendment:
1.
Routine Maintenance. Routine maintenance for any nonconforming sign
shall be permitted, provided that such maintenance shall comply with
the provisions of Subsections H2, 3 and 4 below. The term "routine
maintenance" is intended to include such activities as cleaning, replacement
of light bulbs, and repainting.
2.
Restoration or Repair of Partial Destruction. Any nonconforming sign
existing at the time of the passage of this chapter or any amendment
thereto may be continued upon the lot so occupied, and any such sign
may be restored or repaired in the event of partial destruction thereof.
3.
Effect of Removal. Nothing contained herein shall be construed to
prohibit the removal and subsequent reinstallation of a nonconforming
sign for purposes of maintenance, restoration, and repair or permitted
alteration.
4.
Alterations. The following provisions shall regulate alterations
of nonconforming signs:
a.
Alteration of nonconforming sign use. Any sign which does not
conform to the requirements of the district in which it is located
shall not be enlarged, extended or relocated. Alterations to the sign
face and/or message and any lighting appurtenant thereto shall be
permissible.
b.
Alteration of nonconforming sign structure. A nonconforming
sign structure may be altered only if such alteration reduces the
extent of nonconformity or changes the structure to a conforming structure.
5.
Reversion to Nonconforming Sign Prohibited. A sign which is a nonconforming
use and which is changed to a conforming use may not thereafter be
changed back to a nonconforming use. A nonconforming sign structure
and/or message which is changed to a conforming or less nonconforming
structure and/or message may not thereafter be changed back to nonconforming
or more nonconforming structure and/or message.
6.
Abandonment of Nonconforming Sign. Any nonconforming sign which is
abandoned by way of lack of maintenance, restoration or repair or
due to the restrictions on alteration as required by this Subsection
H shall be removed in its entirety prior to the issuance of any further
sign permit.
I.
Prohibited Signs and Sign Activities. The following signs and activities
shall be prohibited throughout the Borough of Roselle Park, unless
otherwise permitted by this chapter in specific circumstances:
1.
Any sign which is a principal use on the lot, including but not limited
to billboards;
2.
Signs which are not associated with and accessory to the use on the
same lot, excluding billboards;
3.
The parking or storage of a motor vehicle or other mobile unit displaying
a sign or signs so as to be visible from the public right-of-way or
abutting residential zone district;
4.
Flashing, fluttering, animated, moving, vibrating, sequential tracer,
rotating or revolving signs, except for barber poles; all municipal
and board of education building shall be exempt;
[Ord. No. 2433-2015]
5.
Signs attached to public buildings (except for official signs of
the government entities using such buildings), sidewalks, curbs, traffic
signs, trees, fences, retaining walls, freestanding walls, utility
poles and other poles or posts which are not designed or intended
specifically and primarily for the support of such signs;
6.
Signs on railroad or vehicular overpasses, except for official railroad
or traffic signs or directional signs;
7.
Signs which simulate official directional or warning signs erected
or maintained by the Federal Government, the State of New Jersey,
and County or municipality thereof or by a railroad, public utility
or similar agency concerned with the public health, safety and welfare;
8.
Signs, illustrations or symbols placed so as to interfere with the
opening of an exit door of any building, to obstruct any window opening
of a room in a dwelling, to interfere with the use of any fire escape
or to create a hazard to pedestrians;
9.
Any sign which falsely identifies the premises or occupant of any
premises or building or which falsely advertises for sale on any premises
or in any building any product or service not available therein;
10.
Any sign accessory to a home occupation; and
11.
Signs containing obscene, pornographic or lewd messages.
J.
Real Estate Signs. Real estate signs which are customary and necessary
in the offering of real estate for sale or to rent by the owner or
by his real estate agent or broker are permitted in all zones provided
the following requirements are complied with:
1.
Type of Sign: One (1) nonilluminated freestanding real estate for
sale/for rent sign is permitted for each property (residential only).
2.
Size of Sign: Not to exceed two (2) feet by four (4) feet in size.
3.
Location of Sign: On the property which is for sale or for rent,
and set back, at its closest point, not less than ten (10) feet from
the outer edge of the curb or the pavement of the cart way.
4.
Local Address: Signs shall only advertise a residence within the
Borough of Roselle Park.
5.
Removal: Sign on private property must be removed not later than
thirty (30) days after the property is leased or "under contract,"
as defined by the Garden State Multiple Listing Service. Signs on
public property may only be displayed between the hours of 9:00 a.m.
and 7:00 p.m. on Saturday and Sunday.
6.
Prohibited Sign: Signs indicating that the property has been recently
sold or leased by the owner, broker or real estate agent are prohibited.
7.
Open House signs shall not be affixed to any tree, utility pole or
other sign.
8.
Open House: In the event the owner, broker or real estate agent conducts
an open house at the premises, an additional sign stating "open house"
day and hours may be added on the property on the condition that it
may not exceed three (3) square feet and it is posted for a period
not to exceed four (4) days prior to the open house. If the open house
sign is a rider to the original sign, not exceeding two (2) square
feet, it may be up for six (6) days including the day of the open
house.
9.
Directional Signs: During the hours an open house is in progress,
four (4) directional signs, not to exceed five (5) square feet each
are permitted. Two (2) may be placed on a main thoroughfare, such
as a county or local road within one-quarter (1/4) mile of the property
limited to one (1) per company and two (2) may be placed in the neighborhood
of the premises, to assist persons in locating the home in which the
open house is being held. No balloons, streamers or other appendages
are permitted to be attached to any directional sign. No sign advertising
an open house shall be located within one (1) foot of the curb, nor
shall any sign be located on Westfield Avenue but may be permitted
within one hundred (100) feet of said intersection.
10.
Penalty: Any person, firm or corporation who violates any provision
of this subsection, for which another penalty is not prescribed, shall
be fined twenty-five ($25) dollars per day or the sign may be removed
by the Borough, in which case the owner of the sign and the owner
of the property shall be jointly and severally liable to the Borough
for the costs of removal.
[1980 Code § 128-114; amended by Ord. No. 1348; Ord. No. 2168; Ord. No. 2174; Ord. No. 2219 § I; Ord. No. 2406]
A.
The minimum side yard and rear yard on all detached garages shall
be three (3) feet. The minimum side yard for attached garages shall
be three (3) feet, but shall average six (6) feet. Where either detached
or attached garages contain living quarters above the garage area,
the side yard and rear yard shall be a minimum of six (6) feet.
B.
No accessory building shall occupy more than thirty (30%) percent
of a required rear yard.
C.
No accessory building in a district other than the R-1, R-2 or R-3
District shall be placed within five (5) feet of any lot line which
abuts a lot in an R-1, R-2 or R-3 District: however, if the accessory
building has a height greater than fifteen (15) feet adjacent to the
lot line, the setback must be at least ten (10) feet.
D.
Except in the case of the Garden Apartment District, there shall
not be more than one (1) main building or structure and its accessory
building on one (1) lot.
E.
No accessory building in a nonresidence district within twenty (20)
feet of an existing residential building and no accessory building
in a residence district shall be greater than twenty (20) feet in
height of any side.
F.
Accessory structures, i.e. swimming pools, sheds, garages, etc, shall
not be permitted to be located within ten (10) feet of the principal
or main structure.
G.
Freestanding air conditioning equipment is prohibited in the front
yard setback plus four (4) feet or the side yard setback plus four
(4) feet, except that nonconforming air conditioning structures may
be replaced without a variance provided the new unit does not increase
the existing nonconforming characteristics of the structure.
H.
Satellite dish antennas shall be permitted as an accessory structure
in all zones of the Borough, provided the following conditions are
met and permits are obtained. The permit fee for a satellite dish
shall be twenty-five ($25) dollars. Satellite dish antennas are subject
to the following restrictions:
1.
No more than one (1) such antenna is to be permitted per residential
dwelling unit.
2.
All satellite dish antennas located in single-family residential
zones shall be located on the principal structure not greater than
two (2) feet higher or two (2) feet lower than the highest peak of
the primary residential structure.
3.
Nonresidential uses shall be permitted to erect an antenna on the
principal or accessory building provided the antenna is suitably screened
from public view. All satellite dish antennas will be located no greater
than two (2) feet above or below the highest point on the nonresidential
structure.
4.
No satellite dish antenna shall exceed two (2) feet in diameter regardless
of the zone.
I.
All outdoor brick ovens or permanent grills are permitted in the
rear yard only and shall be no closer than six (6) feet from the rear
property line or any side property line and no closer than ten (10)
feet from any other structure (including, but not limited to residences,
garages and sheds). All outdoor brick ovens or permanent grills shall
be subject to the following limitations:
J.
Outside oil tanks of any size shall be prohibited.
K.
Electric Solar Energy Systems.
1.
ELECTRICAL SOLAR ENERGY SYSTEMS
ELECTRICAL SOLAR PANELS
Definitions.
Shall mean an energy system, which converts solar energy
into a usable electrical energy for residential, commercial, industrial,
professional and public use.
Shall mean a structure containing one or more receptive cells,
the purpose of which is to convert solar energy into usable electrical
energy via an electrical solar energy system as defined above.
2.
Electrical solar energy systems and electrical solar energy panels
shall be permitted in all zones throughout the Borough of Roselle
Park on the following conditions:
(a)
Roof mounted systems on the principal building shall be no more
than six (6) inches higher than the finished roof on which it is mounted
and parallel with the roof on which it is mounted. Under no circumstances
shall any part of the system extend beyond the edge of the roof.
(b)
All solar energy commercial operations are prohibited as a principal
use on any site. Electrical solar energy produced on a lot shall be
consumed entirely upon that lot by the occupants of the principal
structure.
(c)
Construction and installation of an electrical solar energy
system shall be subject to the Uniform Construction Code.
(d)
All plans for an electrical solar energy system shall be submitted
and approved by the Construction Code Official for compliance and
structural sufficiency prior to installation.
(e)
All other solar energy panels/systems (including but not limited
to hot water systems) are expressly prohibited.
3.
Penalties. Any person who violates any provision of this subsection
shall be subject to the following penalties:
L.
Generators.
1.
EMERGENCY
GENERATOR
Definitions. For the purposes of this subsection, the terms herein
are defined as follows:
The loss of primary power due to power outage beyond the
control of the property owner.
Reciprocating internal combustion engine and associated equipment,
including but not limited to fuel tanks, cover, piping, pad and transfer
switch, used to supply backup electric power when local utility is
unavailable, not including portable generators.
2.
Permit Required; Location for Outside Equipment. No generator shall
hereafter be permanently installed to serve any existing dwelling
erected on a lot located in the Borough of Roselle Park, unless such
generator meets the requirements of this subsection and a permit to
do so is first obtained from the Building Department. Generators shall
be located in the rear yard or the side yard of the lot. All generators
permanently installed shall be screened with fencing, shrubbery or
other landscaping at least four (4) feet in height as approved by
the Building Inspector. All screening or fencing shall be placed in
accordance with the generator manufacturer's recommendations, the
requirements of the National Fire Protection Association and the zoning
requirements of the Borough of Roselle Park. All screening or fencing
shall be maintained as originally approved. If the screening or fencing
is not so maintained, any permit granted is subject to immediate revocation
by the Building Inspector.
3.
Generators and Equipment. Except
for generators serving a public purpose and owned and operated by
the Borough, generators permanently placed on the ground or a pad
shall be allowed only as follows:
a.
Only one (1) permanent generator for residential use with an
output of not more than 20 kW is allowed. For businesses not more
than 40 kW.
b.
The generator shall be set back a minimum of four (4) feet plus
side yard setback from the side or rear property line and no greater
than fifteen (15) feet from the principal structure in the rear yard.
c.
The generator shall be installed in accordance with the most
current editions of the National Fire Protection Association, the
National Electric Code, the International Fire Code New Jersey Edition,
the International Plumbing Code New Jersey Edition and the International
Residential Code New Jersey Edition.
d.
The footprint of the generator, including the pad, will not
be counted as impervious coverage.
e.
The footprint for residential use, including the pad and cover,
shall not exceed twelve (12) square feet and a height of four (4)
feet. Businesses subject to building department review.
f.
The generator shall be used only during periods of emergency
or for periodic testing and necessary maintenance operations.
g.
The generator shall be exempt from the provisions of Subsection 3-9.1b, Noise of the Borough Code only when used for emergency purposes, testing or repairs and when outfitted with a working muffler.
h.
The exhaust of the generator shall, as much as practically feasible,
be vented upwards or directed away from neighboring properties.
i.
The generator shall be operated for routine testing and maintenance
purposes not more than one time in any seven-day period and no test
shall exceed thirty (30) minutes. Testing or general exercising of
emergency generators is permitted Monday through Sunday only (excluding
holidays), between the hours of 8:00 a.m. to dusk.
4.
Application for Permit. The application for the installation of a
generator in accordance herewith, on forms supplied by the Building
Department, shall be accompanied by a survey prepared by a licensed
land surveyor of the State of New Jersey, showing the property lines
of the lot, the location of the building or structure, the front,
side and rear yard dimensions and the proposed location, drawn to
scale, of the generator. In the event a gas generator is being proposed,
the applicant shall obtain a letter from the supplier confirming that
there is adequate gas pressure supplied to the property to handle
the generator.
5.
Application Fee. Every application for the installation of a generator
to serve a dwelling, building, or other structure shall be in conformance
with other applicable Building Department Regulations.
6.
Inspections Required. No generator shall be placed in operation,
or routinely tested, unless and until inspected and approved by the
Roselle Park Building Department.
[1980 Code § 128-115; amended by Ord. No. 1126; Ord. No. 1904; Ord. No. 1971; Ord. No. 2143; Ord. No.
2191; Ord. No. 2262 § 1; Ord. No. 2319 § 1; Ord. No. 2411; Ord. No.
2434-2015]
A.
No fence or wall shall be erected without first obtaining a permit
from the Construction Code Office and paying a fee of:
1.
Twenty ($20) dollars on estimated costs of fence and construction
of up to five hundred ($500) dollars.
2.
Twenty-five ($25) dollars on estimated costs of fence and construction
of more than five hundred ($500) dollars but less than one thousand
($1,000) dollars.
3.
Thirty ($30) dollars on estimated costs of fence and construction
of more than one thousand ($1,000) dollars but less than two thousand
($2,000) dollars.
4.
Forty ($40) dollars on estimated costs of fence and construction
over two thousand ($2,000) dollars.
B.
No fencing shall be constructed in any zone with barbed wire or metal
spikes or constructed in any way that may be harmful to human beings
or animals.
C.
Under no circumstances shall fencing, shrubs or hedges extend beyond
the property line and into the public right-of-way.
D.
The finished side of all fences shall face toward the adjacent property;
however, fencing along a property line which is common to a railroad
right-of-way or municipal detention basin may be constructed with
the finished side facing away from the railroad or basin.
E.
All fences, hedges or shrubs shall not exceed the following maximum
height:
1.
Not to exceed eight (8) feet in all rear and side yards with the
exception of industrial sites where the maximum height shall be eight
(8) feet in all rear and side yards, in conformance with zoning regulations.
[Ord. No. 2434-2015]
2.
Four (4) feet in all front yards, and a fifty (50%) percent open
area in all front yards shall be provided, except fences, hedges or
shrubs in a residential zone on corner lots, to the extent that they
are located in the front setback, as it relates to the secondary street
shall not exceed six (6) feet in height, provided they comply with
Subsection E3.
3.
Exclusions to these height requirements are as follows: all sports
fields, all park playgrounds, all municipal parking lots, and all
municipal work yards.
F.
Corner Lots/Sight Triangle.
1.
On corner lots or property, fences, hedges or shrubs may not be erected
or maintained in a manner which will obstruct the view of motorists
or create traffic hazards.
2.
Fences, hedges or shrubs which traverse the corner of intersecting
streets located at a distance of twenty-five (25) feet from the point
of intersection on each street (same establishing a twenty-five (25)
foot sight distance triangle) shall not exceed two and one-half (2 1/2)
feet and provide a minimum of fifty (50%) percent open area.
3.
Notwithstanding Subsection E2 above, fences, hedges or shrubs within
fifteen (15) feet of any driveway, regardless of whether the driveway
services the residence in question or a neighboring residence or use,
shall provide a sight triangle in which all fences, hedges and shrubs
will not exceed four (4) feet in height and shall be constructed,
planted or maintained to provide a minimum of fifty (50%) percent
open area. The term "sight triangle" as indicated in this section
shall mean the land described as follows:
Beginning at points on both sides of the driveway where that
side of the driveway intersects with the street boundary line; thence
proceeding along the street boundary line fifteen (15) feet away from
the driveway at a point; thence proceeding at an angle, in a straight
line to a point along the side of the driveway fifteen (15) feet from
the intersection of the driveway and the street boundary line; thence
along the side of the driveway fifteen (15) feet to the point and
place of beginning.
4.
The term "secondary street" shall mean a street or roadway which
is not used by the Post Office as the address of the residence, nor
servicing a front door entrance, nor bearing the address number for
the residence in question.
G.
The height of a fence, hedge or shrub shall be measured from the
ground to the top of the highest point on the fence, hedge or shrub.
H.
Material Requirements for Fences. Fences must be built with approved,
standard fence wood, vinyl, or metal such as chain link and wrought
iron. You may not build a fence with scrap lumber, chicken wire, plastic
sheets, wood pallets, or other unapproved materials. Chain link fences
can be made into privacy fences with approved inserts designed for
that purpose. Any tarps or canvas attached to fences for privacy is
strictly prohibited except for construction sites and temporary events.
I.
Replacement of preexisting non-conforming fences due to maintenance
is permitted as long as the original footprint and height of the preexisting
nonconforming fence remains the same. All necessary permits must be
filed and obtained prior to work being performed.
[Ord. No. 2434-2015]
[1980 Code § 128-116; Ord. No.
2515-2018]
A.
No driveway apron shall be constructed in the Borough of Roselle
Park unless the same complies with the following requirements:
B.
No driveway to be used in conjunction with a one- or two-family residence
shall be installed unless a permit therefor has been obtained from
the office of the Construction Code Official. The fee for such permit
shall be as follows:
C.
No driveway to be used in conjunction with any use other than one-family
or two-family residence shall be installed unless site plan approval
therefor has been obtained.
[1980 Code § 128-117; amended by Ord. No. 1329; Ord. No. 1856]
A.
Every building constructed for single-family occupancy shall have
installed therein one (1) smoke detector in the basement and one (1)
such detector on every floor of the structure. The detector shall
be sensitive to any products of combustion, except that detectors
sensitive only to hearing are not acceptable. Alarm signaling devices
shall be clearly audible in all bedrooms when all intervening doors
are closed. For the purposes of installation, only the applicable
sections of NSPA No. 74. Standard for the Installation, Maintenance
and Use of a House Fire Warning System, shall be considered as accepted
engineering practices.
B.
Every building constructed for two-family residential occupancy shall
have installed therein smoke detectors of the description set forth
in Subsection A above, except that one (1) smoke detector shall be
installed in every dwelling unit of such building and at the top of
each stairway and exitway thereof.
C.
No building or structure used for residential purposes shall be sold and no structural change or repair of a value in excess of five hundred ($500) dollars shall be made thereto unless and until such building or structure meets the requirements of this section. After it is determined that the building or structure does meet these requirements, a certificate of compliance shall be issued. At the time of transfer or sale of a property, and as a condition of obtaining a certificate of compliance, the building must be brought into compliance with the applicable section of §§ 40-1702A and 40-1802B with respect to the number of kitchens in a dwelling unit.
[1980 Code § 128-117.1; added by Ord. No. 1348]
Outside storage of firewood shall only be permitted in the R-1,
R-2 and R-3 Districts if stored in the following manner:
[1980 Code § 128-117.2; added by Ord. No. 1348; amended by Ord.
No. 2204 § I; Ord. No.
2267 § 1]
A.
Temporary storage trailers shall be permitted in the residential
and commercial districts where the need for such trailers arises as
a direct result of fire damage to the existing building, making the
building uninhabitable. The Construction Code Official shall determine
the size and placement of such a trailer, which must be located on
the property for which it is to be used. In no event shall the trailer
be located on the premises in question for a period in excess of six
(6) months.
1.
All not for profit groups are exempts from Subsection A of this section,
but must fill out a permit from the Construction Code Office to have
a trailer placed on property for no longer than a period of six (6)
months.
All Government agencies shall be exempt from Subsection A of
this section.
B.
Temporary storage trailers or storage containers known as "portable
on demand storage" commonly referred to as PODS®, or any facsimile thereof, are allowed in any residential districts
for the exclusive purpose of storing personal belongings (including
but not limited to furniture, appliances, building materials and other
personal effects) on the following conditions:
1.
No toxic or volatile materials will be stored in same.
2.
The home owner will apply to the Borough Construction Department
for a permit to allow a trailer/PODS®/storage container. The home owner will complete and submit the application
form provided by the Construction Department and pay a fee of fifty
($50) dollars for same.
3.
The permit will be valid for a period of two (2) months and can be
renewed for one (1) additional period of two (2) months for the additional
fee of one hundred ($100) dollars and a third additional period of
two (2) months for the additional fee of one hundred fifty ($150)
dollars.
4.
Under no circumstances shall the permit be issued or the trailer/PODS®/storage containers remain on the property in
excess of six (6) months.
5.
The trailer/PODS®/storage container
will be placed on the applicant's property and be placed in a fashion
as to not interfere with the public right-of-way (including sidewalks
and streets).
6.
The applicant will authorize and allow periodic inspections of the
PODS® and its contents by a representative
of the Construction Department, so as to ensure that the above requirements
are being adhered to.
7.
Only one (1) permit, plus two (2) renewal periods will be permitted
per property over a period of two (2) years.
C.
Penalty for Violation. The penalty for a violation of the within § 40-3008 is as follows:
1.
A fine for the first offense of no less than five hundred ($500)
dollars, no greater than seven hundred fifty ($750) dollars;
2.
Second offense—A fine of not less than one thousand ($1,000)
dollars, no greater than one thousand two hundred ($1,200) dollars;
3.
Third offense or subsequent offense—a fine of no less than
one thousand five hundred ($1,500) dollars, no greater than two thousand
($2,000) dollars.
4.
In addition to the above fines, there will be an additional fine
of one hundred ($100) dollars per day following a conviction for the
violation of this section, for each day that the trailer/PODS®/storage container remains on the premises in
question.
[1980 Code § 128-117.3; added by Ord. No. 1348]
No boat, tent trailer, camping trailer or any recreational or
commercial trailer shall be parked, placed or otherwise stored in
the R-1, R-2 or R-3 Districts in the required front setback area.
[1980 Code § 128-117.4; added by Ord. No. 1348]
A.
Automotive Service Stations. No wrecked or junked motor vehicles
or parts of motor vehicles or vehicles incapable of normal operation
(except those actually in the process of being serviced with mechanical
repairs) shall be permitted to be located on property utilized by
any automotive service stations.
B.
Automotive Body Shops. Any and all repairs to be performed at an
automotive body shop shall be conducted entirely within an enclosed
building. No vehicles or parts of vehicles shall be present upon the
premises utilized by the automotive body shop, other than registered
motor vehicles that are actually under repair or actually awaiting
repair or pickup within a reasonable time of their first being brought
to the premises.
[1980 Code § 128-117.5; added by Ord. No. 1375]
A.
The Mayor and Council have determined, after public hearing and relying
upon the United States Supreme Court's decision in City of Renton
v. Playtime Theaters, Inc., 106 S. Ct. 925 (1986), that this section
is necessary to promote Roselle Park's interest in protecting and
preserving the quality of its neighborhoods, commercial districts
and urban life through effective land use planning and that the bases
for this section are the same or similar to those found by the City
Council of Renton, Washington, including but not limited to:
1.
Areas within close walking distance of residential areas should be
free of adult entertainment land uses.
2.
Areas where children could be expected to walk, patronize or recreate
should be free of adult entertainment land uses.
3.
Adult entertainment land uses should be located in areas of the Borough
which are not in close proximity to residential uses, churches and
schools.
4.
The image of the Borough of Roselle Park as a pleasant and attractive
place to reside will be adversely affected by the presence of adult
entertainment land uses in close proximity to residential land uses,
churches and schools.
5.
Property values in the areas adjacent to the adult entertainment
land uses will decline, thus causing a blight upon certain areas of
the Borough of Roselle Park.
6.
The location of adult entertainment land uses within walking distance
of churches and other religious facilities will have an adverse effect
upon the ministry of such churches and will discourage attendance
at such churches by the proximity of adult entertainment land uses.
7.
A stable atmosphere for the rearing of families cannot be achieved
in close proximity to adult entertainment land uses.
8.
A reasonable regulation of the location of adult entertainment land
uses will provide for the protection of the image of the community
and its property values and protect the residents of the community
from the adverse effects of such adult entertainment land uses, while
providing to those who desire to patronize adult entertainment land
uses such an opportunity in areas within the Borough which are appropriate
for location of adult entertainment land uses.
9.
Regulation of adult entertainment land uses should be developed to
prevent deterioration and/or degradation of the vitality of the community
before the problem exists, rather than in response to an existing
problem.
B.
ADULT MOTION-PICTURE THEATER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
USED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean an enclosed building used for presenting motion-picture
films, videocassettes, cable television or any other such visual media
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as hereafter defined, for observation by patrons
therein.
Shall mean:
Shall mean:
Shall mean a continuing course of conduct of exhibiting specified
sexual activities and specified anatomical areas in a manner which
appeals to a prurient interest.
C.
Prohibited in Certain Areas.
1.
Adult motion-picture theaters are
prohibited from locating:
2.
The distances provided in this section shall be measured by following
a straight line, without regard to intervening buildings, from the
nearest point of the property parcel upon which the proposed use is
to be located, to the nearest point of the parcel of property or the
land use district boundary line from which the proposed land use is
to be separated.
D.
Violation and Enforcement. Violation of the use provisions is declared
to be a public nuisance per se, which shall be abated by way of civil
proceeding pursuant to N.J.S.A. 40:55D-18.
E.
Intent. Nothing in this section is intended to authorize, legalize
or permit the establishment, operation or maintenance of any business,
building or use which violates the Code of Roselle Park or any statute
of the State of New Jersey regarding public nuisances, sexual conduct,
lewdness or obscene or harmful matter or the exhibition of public
display thereof.
[1980 Code § 128-117.6; amended by Ord. No. 2168; Ord. No. 2174; Ord. No. 2334 § 1; Ord. No. 2510-2017; Ord.
No. 2533-2018]
A.
No dumpsters shall be permitted to be placed in the street or public
right-of-way, unless it is impossible to place the dumpster anywhere
else. Any dumpster located in the public right-of-way should be illuminated
or marked with reflector markings.
B.
Regardless of where the dumpster is placed, same shall be removed
and emptied within once it is full.
C.
Under no circumstances shall hazardous or toxic material be placed
or stored in a dumpster in any zone.
D.
Any individual requesting the use of a construction "roll-off" type
dumpster of ten (10) yards or more will be required to apply for a
permit through the Department of Code Enforcement at a fee of one
hundred ($100) dollars and to demonstrate proof of third party liability
insurance. In addition, any individual requesting the placement of
a construction "roll-off" type dumpster of ten (10) yards or more
will be required to indemnify and hold the Borough of Roselle Park
harmless from any and all claims resulting from the placement of that
dumpster regardless of whether it is in or out of the municipal right-of-way.
E.
Permits for dumpsters shall be issued subject to the following location
schedule:
[Added by Ord. No. 2168 § 128-117.7; amended by Ord. No. 2400]
A.
Awnings are permitted on all retail buildings in all zones. All awnings
shall be constructed and installed so that the awning compliments
the overall building design. No awning shall extend more than four
(4) feet from the building facade. No awning frame shall be less than
eight (8) feet above the ground, and no valance shall be closer than
seven and one-half (7 1/2) feet from the ground.
B.
Where applicable, awnings shall be colors generally consistent with
traditional architectural design. Awnings of bold patterns, checks
or stripes are prohibited.
A.
APPROPRIATE MUNICIPAL AGENCY
SOLICITATION OR SOLICIT
Definitions.
Shall mean the agency determined by resolution by the Mayor
and Council of Roselle Park.
Shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include, but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collection of money or other things of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
B.
Requirements for Placement, Use of Clothing Bin for Solicitation
Purposes. Notwithstanding any provisions to the contrary, no person
shall place, use, or employ a donation clothing bin, for solicitation
purposes, unless all of the following requirements are met:
1.
The owner of the bin has obtained a permit, valid for a specific
period of time, from the appropriate Borough agency within the Borough
of Roselle Park in which the donation clothing bin will be place,
in accordance with the following:
a.
In application for such a permit, the owner shall include:
(1)
The location where the bins would be situated, as precisely
as possible;
(2)
The manner in which the owner anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
(3)
The name, and telephone number of the bona fide office required pursuant to Subsection b of this section, of any entity which may share or profit from any clothing or other donations collected via the bins; and
(4)
Written consent from the property owner to place the bin on
his property;
2.
The appropriate Borough agency shall not grant an application for
a permit to place, use, or employ a donation clothing bin if it determines
that the placement of the bin could constitute a safety hazard. Such
hazards shall include, but not be limited to, the placement of a donation
clothing bin within one hundred (100) yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases;
3.
The appropriate Borough agency may impose a fee for such application,
not to exceed twenty-five ($25) dollars to offset the costs involved
in enforcing this section.
4.
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of any fee imposed by the appropriate
Borough agency for such renewal, not to exceed twenty-five ($25) dollars
annually, to offset the costs involved in enforcing this ordinance.
Such application shall include:
a.
The location where the bin is situated, as precisely as possible,
and if the person intends to move it, the new location where the bin
would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property;
b.
The manner in which the person has used, sold, or dispersed
any clothing or other donations collected via the bin, the method
by which the proceeds of collected donations have been allocated or
spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal; and
c.
The name and telephone number of the bona fide office required
pursuant to Subsection B4b of this section, of any entity which shared
or profited from any clothing of other donations collected via the
bins, and of any entities which may do so during the period covered
by the renewal; and
5.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin,
in addition to the information required pursuant to Subsection B4c
of this section;
a.
The owner and any other entity which may share or profit from
any clothing or other donations collected via the bin, maintains a
bona fide office where a representative of the person or entity, respectively,
can be reached by telephone information line during normal business
hours for the purpose of offering information concerning the person
or other entity. For the purposes of this subsection an answering
service unrelated to the person does not constitute a bona fide office;
and
b.
The following information is clearly and inconspicuously displayed
on the exterior of the donation clothing bin:
(1)
The name and address of the registered person that owns the
bin, and any other entity which may share a profit from any clothing
or other donations collected via the bins;
(2)
The telephone number of the owners or the owners' bona fide
office and if applicable, the telephone number of the bona fide office
of any other entity which may share a profit from any clothing or
other donations collected via the bins;
(3)
When an entity other than the person who owns the bin may share
a profit from any clothing or other donations collected via the bin,
a notice, written in a clear and easily understandable manner, indicating
that clothing or other donations collected via the bin, the proceeds,
or both may be shared or given entirely to an entity other than the
person who owns the bins, and identify all such entities that may
share profit from such donations;
(4)
A statement consistent with information provided to the appropriate
Borough Agency in the most recent permit or renewal applications pursuant
to Subsection B1 and Subsection B5 of this section, indicating that
the manner in which the person anticipates any clothing or other donations
collected via the bin would be used, sold, or dispersed and the method
by which the proceeds of collected donations would be allocated or
spent.
6.
Receipt, Investigation of Complaints Relative to Donation Clothing
Bin.
a.
The appropriate Borough agency shall receive and investigated
within thirty (30) days any complaints from the public about the bin.
b.
Whenever it appears to the above agency that a person has engaged
or is engaging in any act or practice in violation of this section,
the person who placed the bin shall be issued a warning, stating that
if the violation is not rectified or a hearing with the appropriate
Borough agency is not requested in forty-five (45) days, the bin will
be seized or removed at the expense of the person who placed the bin,
and clothing and any other donations collected via the bin will be
sold at public auction or otherwise disposed of. In addition to other
forms of notification used to notify the owner who placed the bin,
such warning shall be affixed to the exterior of the bin itself.
c.
In the event the owner or person who placed the bin does not
rectify the violation or request a hearing within forty-five (45)
days of the posting of the warning, the appropriate Borough agency
may seize the bin, remove it, or have it removed, at the expense of
the person who placed the bin, and sell at public auction or otherwise
dispose of any clothing or other donations collected via the bin.
Any proceeds from the sale of the donations collected via the bin
shall be paid to the chief financial officer of the Borough.
7.
Additional Penalties, Remedies. In addition to any other penalties
or remedies authorized by the laws of this State, any person who violates
any provision of this section which results in seizure of the donation
clothing bin shall be:
a.
Subject to a penalty of up to twenty thousand ($20,000) dollars
for each violation. The appropriate Borough agency may bring this
action in the municipal court or Superior Court as a summary proceeding
under the "Penalty Enforcement Law of 1999," and any penalty monies
collected shall be paid to the chief financial officer of the Borough.
b.
The person disqualified from placing, using, or employing a
donation clothing bin by violating the provisions of this section
may apply to the appropriate Borough agency to have that person's
eligibility restored.
