[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.
12. 
Bulletin Board. A sign describing events, schedules, functions and the like, not exceeding twenty-four (24) square feet in area and set back at least one-third (1/3)[1] from any existing front yard.
[1]
Editor's Note: Codified as per ordinance.
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.
a. 
Where applicable, awnings shall be colors generally consistent with traditional architectural design. Awnings of bold patterns, checks or stripes are prohibited.
b. 
Any advertising/lettering on awnings must adhere to sign regulations in this section.
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.
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:
1. 
Size shall not exceed four (4) feet width by four (4) feet depth with a height measured from the base, not to exceed forty-two (42) inches.
2. 
No roof or covering shall be constructed as part of the oven or grill.
J. 
Outside oil tanks of any size shall be prohibited.
K. 
Electric Solar Energy Systems.
1. 
Definitions.
ELECTRICAL SOLAR ENERGY SYSTEMS
Shall mean an energy system, which converts solar energy into a usable electrical energy for residential, commercial, industrial, professional and public use.
ELECTRICAL SOLAR PANELS
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:
(a) 
First offense—No less than one hundred ($100) dollars, no more than five hundred ($500) dollars.
(b) 
Second and subsequent offense—No less than five hundred ($500) dollars, no more than one thousand ($1,000) dollars.
(c) 
Order requiring the removal of the system or structure.
L. 
Generators.
1. 
Definitions. For the purposes of this subsection, the terms herein are defined as follows:
EMERGENCY
The loss of primary power due to power outage beyond the control of the property owner.
GENERATOR
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.
7. 
Violations and Penalties. In accordance with violations listed in § 40-3105.
[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:
1. 
Residential Zones.
a. 
All such aprons shall be constructed of concrete.
b. 
The maximum width for any such apron shall be as follows:
(1) 
One-car garage: twelve (12) feet.
(2) 
One-car garage with allowance for additional off-street parking: eighteen (18) feet.
(3) 
Two-car garage: twenty-four (24) feet.
2. 
Business Zones and Industrial Zones.
a. 
All such aprons shall be constructed of concrete.
b. 
The maximum width of such apron shall be twenty (20) feet; except, however, in the instance of automotive service stations, in which event the maximum width may be thirty-five (35) feet.
3. 
In such instances as may require two (2) or more aprons at one (1) location, there shall be at least thirty-five (35) feet of curbing of the same height as contiguous curbs in the area between the driveway aprons.
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:
1. 
One-car garage: five ($5) dollars.
2. 
One-car garage with allowance for additional off-street parking: eight ($8) dollars.
3. 
Two-car garage: ten ($10) dollars.
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:
A. 
Only in the rear yard.
B. 
At least three (3) feet from all property lines.
C. 
No more than two (2) cords.
D. 
Raised off the ground, in accordance with fire, health and safety requirements.
[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT MOTION-PICTURE THEATER
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.
SPECIFIED ANATOMICAL AREAS
Shall mean:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.
2. 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Shall mean:
1. 
Human genitals in a state of sexual stimulation or arousal.
2. 
Acts of human masturbation, sexual intercourse or sodomy.
3. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
USED
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:
a. 
Within two hundred (200) feet of any point in the Borough which is part of any residential zone (R-1, R-2, R-3, R-4 or ROB).
b. 
Within one thousand (1,000) feet of any church, religious facility or institution or any public or private school.
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:
1. 
Permits for dumpsters within the municipal right-of-way shall be issued for no more than seven (7) consecutive days and shall be approved by the Roselle Park Police Department.
2. 
Permits for dumpsters on private property shall be issued for no more than thirty (30) consecutive days.
[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.
C. 
Any advertising/lettering on awnings must adhere to sign requirements of § 40-3002.
A. 
Definitions.
APPROPRIATE MUNICIPAL AGENCY
Shall mean the agency determined by resolution by the Mayor and Council of Roselle Park.
SOLICITATION OR SOLICIT
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.
c. 
The appropriate Borough agency may restore the eligibility of a person who:
(1) 
Acts within the public interest; and
(2) 
Demonstrates that he made a good faith effort to comply with the Provisions of this section and all other applicable laws and regulations or had no fraudulent intentions.
8. 
Location Restrictions.
a. 
Any and all clothing bins are prohibited in all residential zones and or in front of any type of residence.