Borough of Fair Haven, NJ Land Use and Development Regulations

The purpose of this chapter is to exercise the authority delegated to municipalities under N.J.S.A. 40:55D-1 et seq. to regulate development and to promote good planning practice. The chapter's intent is:

To guide the appropriate use or development of all lands in the Borough, in a manner which will promote the public health, safety, morals and general welfare;

To secure safety from fire, flood, panic and other natural and man-made disasters;

To provide adequate light, air and open space;

To ensure that the development of the Borough does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;

To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment.

To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;

To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;

To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;

To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;

To promote utilization of renewable energy sources; and

To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste.

§ 30-1.3 Applicability of the New Jersey Residential Site Improvement Standards.

[2002 Code § 16.04.030]

The requirements and standards of the development regulations of the Borough shall apply to all land development applications within the Borough except that, with respect to development applications for residential subdivision or residential site plan approval, the residential site improvement standards of Article 3, Chapter 21 of the New Jersey Administrative Code shall govern, but only with respect to the particular standards or particular requirements, which are operative and have been validly adopted by the New Jersey Commissioner of Community Affairs, pursuant to N.J.S.A. 40:55D-40.1 et seq. If with respect to a particular standard or matter, no Statewide standard has been validly adopted by the Commissioner of Community Affairs, the requirements and standards of the development regulations of the Borough shall govern in such respect. In the event of future amendments of the residential site improvements of the Residential Site Improvement Act, N.J.S.A. 40:55D-40.1, then only those specific sections of the development regulations of the Borough which are covered by the Act shall be superseded by the Statewide residential site improvement standards then in effect, and all other standards of the development regulations of the Borough shall be applicable to all land development applications in every case.

§ 30-2 DEFINITIONS.

§ 30-2.1 Purpose.

[2002 Code § 16.08.010]

Unless otherwise expressly stated, the terms in this section shall, for the purposes of this chapter, have the meaning herein indicated.

§ 30-2.2 Other Applicable Definitions.

[2002 Code § 16.08.020]

Wherever a term is defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119 et seq., the Uniform Construction Code, and used in this section, such term is intended to include and have the meaning set forth in the definition of such term found in the statute and Code in addition to the definition for such term which may be included in this section, unless the context clearly indicates a different meaning.

§ 30-2.3 Intent of Certain Terms and Words.

[2002 Code § 16.04.030]

For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:

Words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "lot" includes the word "plot;" the word "zone" includes the word "district" the word "occupied" includes the phase "intended to be occupied;" the word "shall" is mandatory and not directory; the word "may" indicates a permissive action; the word "abut" shall include the words "directly across from," "adjacent" and "next to;" and the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used;" the term "such as," where used herein, shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive, designation of, permitted or prohibited uses, activities, establishments or structures.

Words or word groups which are not defined below shall have the meaning set forth in the Municipal Land Use Law or the Uniform Construction Code or as given in Webster's Unabridged Dictionary.

§ 30-2.4 Definitions.

[2002 Code § 16-08-040; Ord. No. 488 § 1, 2004; Ord. No. 489, 2004; Ord. No. 2009-25 § II; Ord. No. 2010-32; Ord. No. 2014-15; Ord. No. 2017-02]

Certain words, phrases, and terms in this chapter are defined for the purpose herein as follow:

ACCESSORY BUILDING, STRUCTURE OR USE: A subordinate building, structure or use, the purpose of which is incidental to that of a main building, structure or use on the same lot.

ADDITION: An extension or increase in building size, floor area or height.

ADMINISTRATIVE OFFICER: The Construction Official in matters involving the administration of the construction code; the Zoning Officer in matters involving the administration of the zone code; The Municipal Code Enforcement Officer in all matters involving the enforcement of local, County and State ordinances, regulations, and statutes, inclusive of zoning and construction enforcement and the Municipal Clerk of the Borough in all other matters unless a different municipal official or officials are designated by ordinance or statute.

ADT (AVERAGE DAILY TRAFFIC): The average number of cars per day that pass over a given point.

ADULT BOOKSTORE: An establishment devoted to safe, rental, or distribution of pornographic books, magazines, pamphlets, photographs, motion pictures, phonograph records and video and audio tapes devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality, and other obscene subjects, etc., used in connection with the aforementioned purposes.

AGGRESSIVE SOILS: Soils which may be corrosive to case iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.

AISLE: The traveled way by which cars enter and depart parking spaces.

ALLEY: A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

ALTERATIONS: As applied to a building or structure, a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another, or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.

AMUSEMENT ARCADE: Any place of business containing more than three amusement devices.

AMUSEMENT DEVICE: Any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other openings, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include, but not be limited to such devices as "Pac-Man" or other types of electronically operated game devices, skillball, mechanical games operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables.

APARTMENT: A dwelling unit in a multifamily building.

APPLICANT: A developer submitting an application for development or for a permit required in accordance with this chapter.

APPLICATION FOR DEVELOPMENT: The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 45:55D-36.

APPROVED STAIRWAY: A permanent access conveyance, either fixed or mechanically operated that allows for the uninterrupted ingress and egress from or to a space within a structure. Manual pull down stairs or openings requiring the placement of a ladder device for access are not considered an approved stairway.

APPROVING AUTHORITY: The Municipal Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

ART GALLERY: A building or portion thereof, in which sculpture, paintings, or other artistic work is displayed or sold.

ASCE: The American Society of Civil Engineers.

ASTM: The American Society for Testing Materials.

ATTACHED SIGN: A sign posted, painted or constructed, attached to the wall, roof, facade, canopy, or porch of any structure; provided the sign does not extend above the highest point of the roof.

ATTIC: That part of a building that is immediately below and wholly or partly within the roof framing not served by an approved stairway for ingress or egress.

ATTIC, HABITABLE; HABITABLE ATTIC: An attic which has an approved stairway as a means of access and egress and in which the ceiling area at a minimum height of seven feet above the attic floor is not more than 1/3 the area of the next floor below. The calculation of the height of the attic is as defined in the Uniform Construction Code.
[Ord. No. 2017-02]

AUCTION MARKET: Any premises on which are held at periodic times, auction sales of merchandise or any other personal property.

AUTOMOBILE REPAIR SHOP: The same as "motor vehicle repair garage."

AUTOMOBILE SALES AGENCY: A place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without outside sales on the same business premises or immediately adjacent thereto.

AUTOMOBILE SERVICE STATION: The same as "motor vehicle service station."

AUTOMOTIVE REPAIR GARAGE: The same as "motor vehicle repair garage."

AWNING: A structure made of cloth, metal, or other material affixed to a building with a minimum vertical clearance of eight feet from the ground.

AWWA: The American Water Works Association.

BANNER: A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to plastic, or fabric of any kind excluding flags, emblems, and insignia or political, professional, religious, education, or corporate organizations.

BARRIER CURB: A steep-faced curb intended to prevent encroachments.

BASEMENT: A story partly underground and having more than 1/2 of its height above the average level of the finished grade shown on an approved subdivision or site plan. However, within a floodplain, height shall be measured from existing grade.

BEDROOM: A room or portion of a structure with a principal function of serving as sleeping quarters.

BELGIAN BLOCK CURB: A type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.

BERM: A mound of soil, either natural or man-made, used as a view obstruction.

BICYCLE-COMPATIBLE ROADWAY: A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

BICYCLE LANE: A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

BICYCLE PATH: A pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.

BIKEWAY: A pathway designed to be used by bikers.

BILLBOARD: A structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.

BLOCK: The length of a street between two street intersections.

BLOW-OFFS: An outlet in a pipe through which water or sediment can be discharged.

BOARD OF ADJUSTMENT: The Board established pursuant to N.J.S.A. 40:55D-69 and this chapter. The term "Board of Adjustment, as used in this chapter also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.

BOARD OF ADJUSTMENT ENGINEER: The licensed New Jersey Professional Engineer specifically retained by the Board of Adjustment (or assigned by the Municipal Engineer with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of the Borough of Adjustment Engineer, the Municipal Engineer may assume the duties of the office.

BOARDING- OR LODGING HOUSE: Any dwelling for hire in which more than two persons are housed or lodged, with or without meals. This definition notwithstanding, a certificate of occupancy is required for any dwelling for hire.

BOATYARD: Any waterfront facility where docking accommodation and/or land-dry-storage accommodations for any watercraft, such as power boats, sailboats or row boats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.

BUFFER: An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.

BUILDABLE AREA: The central portion of any lot between required yards and/or setback lines.

BUILDING: A combination of materials to form a construction, having a roof and adapted to permanent, temporary, or continuous occupancy.

BUILDING AREA: The total of areas determined from outside dimensions on a horizontal plane at ground level of principal and accessory buildings, exclusive of unroofed porches, terraces, stoops or steps having vertical faces, which at all points are less than three feet above the level of the ground. A pergola, awning, or similar structure having more than a minimal area and which has the effect of a roof structure shall be considered a roof for the purpose of calculating building area.

BUILDING COVERAGE: The area of a tract covered by buildings and roofed areas. Building coverage is expressed as a percentage of the total tract area.

BUILDING HEIGHT: The vertical distance measured to the highest point of the building from the original lot grade, or from any revised lot grade shown on a site plan, subdivision plan, or other plan approved by the appropriate Municipal Agency (Planning Board or the Board of Adjustment). Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height. The vertical distance shall be the average measured along the perimeter of the building, measured at a minimum of four corners of the structure.

BUILDING LINE (SETBACK LINE): The line beyond which a building shall not extend unless otherwise provided in this chapter.

BUILDING PERMIT: A permit used for the alteration or erection of a building or structure in accordance with the provisions of the Uniform Construction Code.

BUILDING, PRINCIPAL; PRINCIPAL BUILDING: A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

BULK STORAGE: The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.

BULKHEAD: A structure separating land and water areas, primarily designed to resist earth pressures.

BUSINESS OFFICE: A business establishment which does not offer a product or merchandise for sale to the public, but offers or provides a service, primarily administrative, personal, or clerical in nature. Business offices are all those offices which are not professional offices and include but are not limited to the following:

CABLE TELEVISION COMPANY: A cable television company as defined pursuant to N.J.S.A. 48.5A-3.

CALIPER: The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.

CAPITAL IMPROVEMENT: A governmental acquisition of real property or major construction project.

CAPITAL IMPROVEMENTS PROGRAM: A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

CAPPED SYSTEM: A completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.

CAR WASH: A facility for the washing and cleaning of automobiles and other motor vehicles using production line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.

CARPORT: A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.

CARTWAY: The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are not curbs, the cartway is that portion between the edges of the paved, or hard surface, width.

CELLAR: A story wholly or partly underground and having more than 1/2 of its clear height below the average level of the finished grade shown on approved subdivision or site plan. However, within a floodplain, height shall be measured from existing grade.

CENTER LINE OFFSET OF ADJACENT INTERSECTIONS: The gap between the center line of roads adjoining a common road from opposite or same sides.

CERTIFICATE OF COMPLETENESS: A certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.

CERTIFICATE OF NONCONFORMANCE: A document issued by the Zoning Officer for a nonconforming use or structure existing at the time of passage of the zoning ordinance or any amendment thereto which pursuant to N.J.S.A. 40:55D-68, may be continued upon the lot or in the building so occupied. Such certificate may be obtained at the owner's request upon any change of ownership for nonconforming use, structure or lot.

CERTIFICATE OF OCCUPANCY: A certificate issued upon completion of construction and/or alteration of any building; or change in use of any building; or change in occupancy of a nonresidential building. This certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.

CHANGE IN USE

Any increase in the number of dwelling units in a structure which would result in three or more total units;

Any change from a residential use to any nonresidential use;

Any change from one nonresidential use to another nonresidential use (excluding changes in tenancy, occupancy or ownership where the use is the same).

CHANNEL: A watercourse with a definite bed and banks which confined and conduct continuously or intermittently flowing water.

CHANNELIZATION: The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.

CHILD CARE CENTER: A child care center as permitted pursuant to N.J.S.A. 40:55D-66.6.

CHURCH: See "place of worship."

CIRCULATION: Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highway, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

CLUBHOUSE: A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT: A permit issued for specific development within the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in accordance with rules and regulations promulgated thereunder.

COASTAL WETLANDS: The coastal wetlands designated by the New Jersey Wetlands Act of 1970.

COLLECTOR STREET OR ROAD: A roadway which channels traffic from local streets into the arterial road system.

COMMERCIAL PARKING FACILITY: The same as "parking area, public." Also see "garage, public" and "vertical parking garage."

COMMON DEVELOPMENT LINE: A line within a tract or lot which designates the extent of a proposed development or improvements, separate developments within a single tract, or separate stages of development within the tract. Proposed improvements within a tract or site plan shall be shown for the entire tract, on both sides of any common development line.

COMMON LATERAL: A lateral serving more than one unit.

COMMON OPEN SPACE: An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED: Any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter, and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq., and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hotels.

COMPLETE APPLICATION: An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter, including an application form completed as specified by this chapter and the rules and regulations of the Municipal Agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat; provided that the Municipal Agency may require such additional information not specified in this chapter, or any revisions in the accompanying documents, as area reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Municipal Agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Municipal Agency, and shall be deemed complete as of the day it is so certified by the Administrative Officer for purposes of the commencement of the time period for action by the Municipal Agency.

CONCEPT PLAN: A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

CONDITIONAL USE: A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation or such use as contained in this chapter, and upon the issuance of an authorization thereof by the Municipal Agency.

CONDOMINIUM: An ownership arrangement, not a land use; therefore it is allowed in any zone and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium is a dwelling unit which has all of the following characteristic.

CONSTRUCTION OFFICIAL: The officer in charge of granting building or construction permits in the Borough.

CONVENTIONAL DEVELOPMENT: Development other than "planned development" as defined in this section.

CORNER LOT: A lot at the junction of and abutting two or more intersection streets where the interior angle of intersection does not exceed 135°.

CORPORATION STOP, ALSO KNOWN AS CORPORATION COCK: A valve which is placed in a building's water or gas service pipe near its junction with the public water or gas main.

COUNTRY CLUB: A facility for golf, tennis and related recreational uses which may include a club house, restaurant, and incidental lodging for members or guests.

COUNTY MASTER PLAN: A composite of the comprehensive plan or master plan for the physical development of Monmouth County with the accompanying maps, plats, charts, and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD: The Planning Board of the County of Monmouth as defined in N.J.S.A. 40:27-6.1.

COURT OR COURTYARD: An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.

COVERAGE: The same as "lot coverage."

CRITICAL AREA: A sediment-producing highly erodible or severely eroded area.

CUL-DE-SAC: A local street with only one outlet and having the other end for the reversal of traffic movement.

CULVERT: A structure designed to convey a water course not incorporated in a closed drainage system under a road or pedestrian walk.

CURB: A vertical or sloping edge of a roadway. See also Belgian block curb," "barrier curb," "mountable curb."

CURB LEVEL: The officially established grade of the curb in front of the midpoint of the front lot line.

CUSHION: Supportive or protective bedding materials placed underneath piping.

DAY CAMP: A licensed, organized and supervised daytime facility used for recreational purposes.

DAY CARE CENTER: See "child care center."

DAYS: Calendar day(s).

DECORATIVE FLAG: A piece of fabric which is ornamental in nature and has no advertising or business logo.

DEMOLITION: The partial or total razing, dismantling, or destruction, whether entirely or in significant part, of any building, structure, object, or site. "Demolition" includes the removal of a building, structure or object from its site or the removal or destruction of the facade or surface.

DENSITY: The permitted number of dwelling units per gross area of land to be developed.

DESIGN FLOOD: The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.

DESIGN GUIDELINES: Guidelines that provide a general framework for sound planning.

DESIGN STANDARDS: Standards that set forth specific improvement requirements.

DETENTION BASIN: A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

DEVELOPER: The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT: The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use of change in the use of any building or other structure, or land or extension or use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.

DEVELOPMENT PERMIT: A document signed by the Zoning Officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and (2) which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a Municipal Agency.

DEVELOPMENT REGULATION: A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance, or other Borough regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.

DEVELOPMENT REGULATION: This chapter, official map ordinance, or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.

DEVELOPMENTALLY DISABLED: Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.

DIRECTIONAL SIGN: A sign providing no advertising of any kind, which provides direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to those signs identifying rest rooms, public walkways, parking areas, and other similar facilities.

DISTRICT: Any part of the territory of the Borough which is designated as a zone on the official zoning map (on file in the Borough Clerk's office) and to which certain uniform regulations and requirements of this chapter apply.

DRAINAGE: The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention of alleviation of flooding.

DRAINAGE FACILITY: Any component of the drainage system.

DRAINAGE RIGHT-OF-WAY: The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-1 et seq., State Water Policy Commission.

DRAINAGE SYSTEM: The system through which water flow from the land, including all watercourses, water bodies and wetlands.

DRIVE-IN RESTAURANT: The same as "restaurant, drive-in."

DRIVEWAY: A paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.

DROP MANHOLE: A manhole provided for inspection and maintenance of sewers where an incoming sewer is considerably higher than the outgoing.

DROP PIPE: A vertical pipe used to convey sewage from a higher to a lower elevation.

DRY LINES: See "capped system."

DWELLING: Any building or portion thereof designed or used exclusively for one or more dwelling units.

DWELLING UNIT: A building or part thereof having cooking, sleeping, and sanitary facilities designed for, or occupied by one family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.

DWELLING, MULTIPLE; MULTIPLE DWELLING: A building designed for, or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.

DWELLING, SINGLE-FAMILY; SINGLE-FAMILY DWELLING: A detached building designed for or containing one dwelling unit.

DWELLING, TWO-FAMILY; TWO-FAMILY DWELLING: A detached building designed for, or containing two dwelling units, which are entirely separated from each other by vertical walls, unpierced, except for access to the outside or a common cellar.

EASEMENT: A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

EAVE: The lower border of a roof that joins or overhangs the wall.

EDUCATIONAL USE: Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.

ELEEMOSYNARY: The giving of money and/or services to a charitable or philanthropic organization.

ENVIRONMENTAL COMMISSION: The municipal Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.

ENVIRONMENTAL CONSTRAINTS: Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require degradation of the environment, or may require limited development, or in certain instances may preclude development.

ENVIRONMENTAL IMPACT REPORT (EIR): For the purposes of this chapter, a compilation of studies, reports, documents and finding of fact prepared by an applicant as part of and for a development application. An environmental impact statement meeting the requirements of the N.J.S.A. 13:10-1 et seq., Coastal Area Facility Review Act, and specifically outlined in Section 7 of the rules and regulations promulgated in compliance with the Act will be accepted in lieu of the EIR.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

EROSION AND SEDIMENT CONTROL PLAN: A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District in conformance with N.J.S.A. 40:55-120.

ESCROW: A deed, bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

ESSENTIAL SERVICES: Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. "Essential services" shall not be deemed to include wireless telecommunications towers and antennas.

EXCAVATION OR CUT: Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

EXCAVATION WORK: The excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvement within a public street or drainage right-of-way. These public improvements include, but are not limited to curb, sidewalk, driveway, and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guard rails, or any other public improvement existing within the public right-of-way. For the purposes of this chapter, that work which is being performed outside of the public right-of-way, but which required the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. "Excavation work" shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this chapter including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.

EXEMPT DEVELOPMENT: That site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:

EXISTING PERMANENT SIGN: A permanent sign displayed in the Borough on the effective date of this chapter.

FAMILY: One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FAMILY DAY CARE HOME: Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three and not more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:

FARM: Any parcel of land, which is used for gain in the raising of agricultural products, livestock or dairy products.

FARM BUILDING: Any building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this chapter.

FENCE: A structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.

FENCE PERMIT: A document signed by the Code Enforcement Officer (1) which is required by ordinance as a condition precedent to the construction, reconstruction, alteration, or installation of a fence; and (2) which acknowledges that the fence complies with the provisions of the Borough zoning ordinance or variance, therefrom duly authorized pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70.

FENCE POST: The vertical upright of a fence which provides support and the point of attachment for the rails.

FENCE, OPEN; OPEN FENCE: A fence in which 1/2 of the area, between grade level and the top cross member (wire, wood, or other material), is open.

FINAL APPROVAL: The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees property posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT: The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter, and which is approved shall be filed with the proper County office.

FLAT ROOF: A roof having a continuous horizontal surface with a minimal pitch and arranged to be essentially parallel to the floor plane.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

FLOODPLAIN: The relatively flat area adjoining any natural or man-made stream, pond, lake, river, or any other body or water which is subject to a 100-year flood.

FLOODPLAIN ENCROACHMENT PERMIT: Permission of the Borough to build in accordance with municipal floodplain regulations.

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FLOOR: A story of a building.

FLOOR AREA RATIO: The sum of the area of all floors of buildings or structures compared to the total area of the site.

FLOOR AREA, SALES; SALES FLOOR AREA: The sum of the gross horizontal areas of the floor or several floors of a commercial building which are used for display of merchandise to the general public and including any areas occupied by counters, showcases, or display racks, and any aisles, entranceways, arcades, or other such public areas.

FLUSHING: The cleaning out of debris and sediment from pipes by force of moving liquid, usually water.

FREESTANDING SIGN: A sign not attached to any building but standing on the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts on similar uprights with or without braces.

FRONT BUILDING FACE AREA: The area of the face of a building that is located on the front, as established by street side of the building, is inclusive of all windows and doors, but exclusive of the roof.

FUNERAL HOME OR MORTUARY: A funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home or mortuary shall not be considered a professional office.

GABLE ROOF: A double sloping roof that forms a gable at each end.

GARAGE: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.

GARAGE, PRIVATE; PRIVATE GARAGE: An enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.

GARAGE, PUBLIC; PUBLIC GARAGE: A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor accessories, or where any such vehicles are kept for hire. The rental of storage space for more than two motor vehicles not owned by occupants of the premises shall be deemed a public garage.

GAS STATION: The same as "motor vehicle service station."

GENETICALLY ENGINEERED MATERIAL: Any substance which results from the directed alteration of genetic material through intervention in genetic processing including techniques whereby recombinant DNA is produced and made to function as an organism.

GOLF COURSE: An area of 50 or more contiguous acres containing a full size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures such as, but not limited to: club house facilities, dining and refreshment facilities, swimming pools, tennis courts, and the like, provided that the operation of such facilities incidental and subordinated to the operation of a golf course.

GOVERNING BODY: The Mayor and Borough Council of the Borough of Fair Haven.

GRADE, EXISTING; EXISTING GRADE: The existing undisturbed elevation of land, ground, and topography preexisting or existing on a lot, parcel or tract of land at the time of the adoption of this chapter.

GRADE, FINISHED; FINISHED GRADE: The completed surface of lawns, walks and roads brought to grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.

GROUND COVER: Low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.

GROUND SIGN: Any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.

GUTTER: A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.

HABITABLE FLOOR AREA: The sum of the gross horizontal area of all the stories and half stories of a building as measured from the exterior face of exterior building walls, or from the center line of wall separating two buildings. In residential buildings, garages, attics, and cellars shall not be calculated as "habitable floor area." For a new dwelling, 50% of the area of an attached garage shall be calculated as "habitable floor area."
[Ord. No. 2014-15]

HABITABLE FLOOR AREA RATIO: The habitable floor area compared to the total area of the lot on which it is sited.

HABITABLE ROOM: Any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings, or assembly lobbies. All habitable rooms within a dwelling unit shall have natural light, ventilation, and heat. Within a dwelling, garages, porches, cellars, and utility rooms are not considered to be "habitable rooms."

HAZARDOUS MATERIALS: Includes, but is not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials.

HEALTH CARE FACILITY: The facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate bioanalytical laboratory (except as specifically excluded hereunder), or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.

HIGH-WATER LINE: For the purposes of this chapter a line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection in accordance with the provisions of The Wetlands Act, N.J.S.A. 13:9A-1 et seq., the line being established from photographs and each of these maps being on file in the office of the County Clerk, Monmouth County, New Jersey.

HOME BUSINESS: See "home occupation."

HOME OCCUPATION: Any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as automotive repair or body work, clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.

HOSPITAL: A building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the building, such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

HOUSEHOLD: The person or persons occupying a dwelling unit.

HYDROLOGIC RESPONSE: The properties, distribution, and circulation of water.

IES: The Illuminating Engineering Society.

ILLUMINATED SIGN: A sign in which an artificial source of light is used in connection with the display of such sign.

IMPERVIOUS SURFACES: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water.

IMPOUNDMENT: A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.

IMPROVED PARKING AREA: An area for the temporary location of motor vehicles which has been modified from its natural condition by excavation, fill or structures.

IMPROVED STREET: A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been improved to the standards specified by the Borough Engineer.

IMPROVEMENT: Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM: A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit.

INTERESTED PARTY: (1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (2) in the case of a civil proceeding in any court or in an administrative proceeding before a Municipal Agency, any person, whether residing within or without the municipality, whose rights to use, acquire, or enjoy property is or may be affected by any action taken under N.J.S.A. 40:55D-1 et seq. or under any other law of this State or of the United States have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.

INTERIOR OR INSIDE LOT: A lot bounded by a street on one side only.

INTERIOR STREET OR ROAD: A street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.

INTERNAL STREET OR ROAD: A street used for internal vehicular circulation within a tract or development. Major internal streets are those internal streets which have an entrance and/or exit on the access street or right-of-way frontage of the tract. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the Planning Board and by the Municipal Engineer.

ISLAND, IN-STREET DESIGN: A raised area, usually curbed, placed on guide traffic, separate lanes, or used for landscaping, signing, or lighting.

ITE: The Institute of Transportation Engineers.

JETTY: A projection of stone, brick, wood or other material, but generally formed of piles, serving as a protection against the encroachment or assault of the waves and currents.

JUNK OR SALVAGE YARD: The use of any area and/or structure keeping or abandonment of junk, including scrap metal, glass, paper, cordage, or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or paths thereof, provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural use permitted in any zone. The term "junk yard" as herein defined includes automobile salvage or wrecking yards.

LAKES AND PONDS: Natural or man-made bodies of water which normally contain or retain water for extended periods. Ponds are bodies of water with a surface area, measured under ten-year storm conditions, of two acres or less. Lakes are bodies of water with a surface greater than two acres, measured under ten-year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten-year storm conditions, as certified by the applicant's licensed land surveyor, and approved by the Municipal Engineer.

LAND: Any real property including improvements and fixtures on, above or below the surface.

LAND DISTURBANCE: Any activity involving the clearing, grading, transporting, filling of land, and any other activity which causes land to be exposed to the danger of erosion.

LANDSCAPE; LANDSCAPING: The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices.

LATERAL SEWERS: Pipes conducting sewage from individual buildings to larger pipes called trunk or interceptor sewers that usually are located in street rights-of-way.

LOADING SPACE: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space shall have clear means of ingress and egress to a public street at all times.

LOCAL STREET OR LOCAL ROAD: Any street other than a collector street.

LOCAL UTILITY: Any sewerage authority created pursuant to the Sewerage Authorities Law, N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-1 et seq.; or any utility, authority, commission, special district, or other corporate entity not regulated by the Board of Regulatory Commissioners, under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof.

LOT: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA: The acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.

LOT COVERAGE: The area of a lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of the total lot area. For the purpose of these regulations, total lot coverage shall include all other impervious surfaces and all parking areas and automobile access driveways and internal roadways, whether covered by an impervious or pervious material.

LOT DEPTH: The shortest distance between the front lot line and a line parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall not be less than 10 feet in length measured between its intersections with the side lot lines.

LOT FRONTAGE: The distance measured on a horizontal plane between the side lot lines measured along the street right-of-way line. The minimum lot frontage shall not be less than the required lot frontage except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot frontage, except that no lot shall have a frontage of less than 50 feet. Where the lot frontage is so permitted to be reduced, the lot width at the building setback line shall not be less than the required minimum frontage of the zone district. For the purpose of this chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirements.

LOT LINE: Any line designating the extent or boundary of a lot which shall further be defined as follows:

LOT WIDTH: The distance between the property side lines measured along the front yard setback line. Unless otherwise specified lot width shall equal minimum lot frontage.

LOT, CORNER; CORNER LOT: Any lot at the junction of and fronting on two or more intersecting streets.

LOT, INTERIOR; INTERIOR LOT: A lot other than a corner lot.

LOW- AND MODERATE-INCOME COMPANION UNIT: A dwelling unit restricted to occupancy by a lower income household and approved as a conditional use pursuant to this chapter.

LOWER-INCOME HOUSEHOLD: A household whose income is within the current moderate- or low-income limits for the Borough's housing region as established by the New Jersey Council on Affordable Housing.

LOWEST FLOOR: The lowest level (including basement, crawl space and garage) of the lowest enclosed area.

MAINTENANCE BOND: Any security that is acceptable to the Governing Body to assure the maintenance of approved installations by developers.

MAINTENANCE GUARANTEE: Any security which may be accepted by the Borough for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter, including but not limited to surety bonds, letters of credit, under the circumstances specified in N.J.S.A. 40:55d-53.5, and cash.

MAJOR SITE PLAN: Any site plan not classified as a minor site plan or exempt site development.

MAJOR SUBDIVISION: Any subdivision not classified as a minor subdivision.

MANHOLE: An inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.

MANNING EQUATION: A method for calculating the hydraulic capacity of a conduit to convey water.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

MANUFACTURING: The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MARINA: Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats.

MARINE ACTIVITIES: Any facilities or activity associated with fishing or boating, either for sport or for commercial gain.

MASSAGE PARLOR: Any establishment devoted to the providing of massage services to persons not in connection with any medical, osteopathic, chiropractic, prescribed therapeutic or athletic or calisthenic activities.

MASTER PLAN: A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.

MAYOR: The Mayor of Fair Haven.

MEDIAN: That portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.

MENTALLY ILL PERSON: A person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.

MINOR SITE PLAN: A development plan for one or more lots which is (are) subject to development which:

MINOR SUBDIVISION: A subdivision of land for the creation of not more than two lots plus the remainder of the original lot provided such subdivision does not involve, (1) a planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that the Municipal Agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:

MIXED USE: Two or more different uses, one of which is residential.

MIXED USE, RESIDENTIAL: The same as "mixed use."

MLUL: Municipal Land Use Law.

MOBILE HOME: See "manufactured home."

MOTOR VEHICLE REPAIR GARAGE: A building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline of new or used automobiles or trucks, in which the overhauling or replacement of automobiles, automobile parts, or any portion thereof, is conducted as a business for profit.

MOTOR VEHICLE SERVICE STATION: Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, washing or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle use shall be prohibited.

MULCH: A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.

MULTIFAMILY BUILDING: Any building containing two or more dwelling units, including townhouses within a lot. Dwelling units within multi-family buildings are classified as multi-family dwellings.

MUNICIPAL AGENCY: The Planning Board or Board of Adjustment when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.

MUNICIPAL LAND USE LAW: N.J.S.A. 40:55D-1 et seq.

MUNICIPAL RESIDENT: A person who is domiciled in the municipality.

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter.

NONCONFORMING LOT: A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the ordinance codified in this chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING SIGN: A sign that does not comply with the provisions of this chapter and would have been in existence before the adoption of this chapter.

NONCONFORMING STRUCTURE: A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision, or amendment.

NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision, or amendment of the ordinance codified in this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONDESIGNATED SITE: All lots and structures thereon within any historic districts which are not designated historic sites.

NON-POINT-SOURCE POLLUTION: Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agriculture.

NURSERY SCHOOL: A school designed to provide daytime care or three or more children from two to six years of age inclusive, and operated on a regular basis.

OCCUPANCY: The specific purpose for which land or a building is used, designed or maintained.

OCCUPANCY PERMIT: The same as "certificate of occupancy."

OFF-SITE: Located outside the lot lines of the lot in question, but within the property limits (of which the lot is a part) which is the subject of a development application. Off-site areas shall include any contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

OFF-TRACT: Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

OFFICIAL COUNTY MAP: The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP: A map adopted by ordinance by the Governing Body pursuant to N.J.S.A. 40:55D-32 et seq.

ON-SITE: Located on the lot in question.

ON-STREET PARKING SPACE: A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

ON-TRACT: Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN PORCH OR STEPS: A porch or steps with a fixed roof no larger than six feet wide by four feet deep and with no sidewalk other than the wall of the structure to which it is attached.

OPEN SPACE: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and other improvements that are designed to be incidental to the natural openness of the land.

OWNER: Any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land which is the subject of a development proposal.

PARKING AREA: An open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.

PARKING AREA, PRIVATE; PRIVATE PARKING AREA: An area, other than a street, intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and not used by the general public.

PARKING AREA, PUBLIC; PUBLIC PARKING AREA: A paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free, or as an accommodation of clients or customers.

PARKING GARAGE: The same as "garage, public."

PARKING SPACE: An off-street space provided for the parking of a motor vehicle exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.

PARTY IMMEDIATELY CONCERNED: For purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

PATIO: An area of land not used for receiving and storing material where the grounds have been surfaced with construction material such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.

PAVEMENT: See "cartway."

PEEP SHOW: Any establishment showing to patrons in private or semi-private viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.

PERFORMANCE GUARANTEE: Any security, which may be accepted by the municipality, including but not limited to surety bond, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.

PERSONAL SERVICES: An act by which skills of one person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.

PERVIOUS SURFACE: Any material that permits full or partial absorption of stormwater into previously unimproved land.

PESTICIDE: Any substance or mixture of substance labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.

PETROLEUM PRODUCTS: Oil or petroleum of any kind and in any form including crude oils and derivatives of crude oils, whether along, as sludge, oil refuse or oil mixed with other wastes.

PLACE OF WORSHIP: A building or group of buildings, congregations, public worship including cathedrals, chapels, churches, meeting houses, mosques, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, and similar type buildings.

PLANNED DEVELOPMENT: Planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.

PLANNING BOARD: The municipal Planning Board established pursuant to N.J.S.A. 40:55D-23. The term "Planning Board" as used in this chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.

PLANNING BOARD ENGINEER: The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the Municipal Engineer (with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Municipal Engineer may assume the duties of the office.

PLAT: A map or maps of subdivision or site plan.

PLAT, FINAL; FINAL PLAT: The map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. "Final plat" shall also include and be synonymous with the term final site plan.

PLAT, PRELIMINARY; PRELIMINARY PLAT: The plan prepared and submitted to the approving authority as a part of the application for preliminary approval. "Preliminary plat" shall also include and be synonymous with the term preliminary site plan.

PORTABLE SIGN: A sign which can be carried or moved about.

PRELIMINARY APPROVAL: The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, -48, and -49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS: Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.

PREMISES: A lot or tract or land or any combination thereof held under a single ownership or control.

PRIMARY OR PRINCIPAL USE: The primary or principal purpose for which a building, structure or lot is issued.

PROFESSIONAL OFFICE: The office of a member of a recognized profession, such as, but not necessarily limited to, the office of physicians, dentists, architects, professional engineers, and lawyers.

PROHIBITED USE: That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A. 40:55D-70D would be necessary, in order to provide that use in that particular zone.

PROJECTING SIGN: A sign which is attached to the building wall at a right angle.

PUBLIC AREAS: (1) Public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL: A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY: The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.

PUBLIC OPEN SPACE: An open space area conveyed or otherwise dedicated to the Borough, a Municipal Agency, Board of Education, Federal, State, or County agency, or other public body for recreational or conversational uses.

PUBLIC UTILITY: Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.

QUORUM: The majority of the full authorized membership of a Municipal Agency.

RADIOACTIVE USE: Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.

RATIONAL METHOD: A method of runoff calculation.

RECHARGE: The replenishment of underground water reserves.

RECREATION AREA: Facilities and open space areas set aside, designed and/or improved, and used for recreation purposes, and may include, but shall not be limited to, playfields, golf courses, playgrounds, swimming pools, tennis courts, and other court games, tot lots, parks, picnic areas, nature preserves, boating and fishing areas and facilities.

RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.

RESIDENTIAL DENSITY: The number of dwelling units per gross acre of residential land including areas used for streets, easements and/or open space portions of a development.

RESTAURANT: Any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, park, or swimming pool operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

RESTAURANT, CATEGORY ONE; CATEGORY ONE RESTAURANT: A restaurant which is designed for and whose primary function and operation is the preparation and service by employees of meals to a customer or customers seated at the table at which the meal is consumed. A category one restaurant operates without substantial carry-out service; with no delivery service; with no drive-thru, drive-in or service in vehicles; and without service at counters or bars unless the restaurant is licensed to serve alcoholic beverages.

RESTAURANT, CATEGORY THREE; CATEGORY THREE RESTAURANT: A restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carry-out service; delivery service; self-service; on-premises consumption; or customer pick-up service utilizing a vehicular drive-thru.

RESTAURANT, CATEGORY TWO; CATEGORY TWO RESTAURANT: A restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carry-out service; delivery service; self-service; or on-premises consumption, except that no drive-in, drive-thru, or service in vehicles is permitted.

RESTAURANT, DRIVE-IN; DRIVE-IN RESTAURANT: An establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for takeout or consumption on the premises but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESUBDIVISION: (1) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or (2) the alteration of any streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument.

RETAINING WALL: A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

RETENTION BASIN: A pond, pool or basin used for the permanent storage of water runoff.

REVETMENT: A fencing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.

RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.

ROOMING HOUSE: The same as "boarding- or lodging house."

SAND DUNES: Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.

SATELLITE DISH ANTENNA OR SATELLITE ANTENNA: A parabolic reflector antenna which is designed for the purpose of receiving signals from and/or transmitting signals to a transmitter relay located in planetary orbit.

SCHOOL: The same as educational use.

SCREEN: A structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.

SCS: Soil Conservation Service.

SEAWALL: A wall or embankment to resist encroachment of the sea.

SECONDARY USE: The same as "accessory use."

SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.

SEDIMENT BASIN: A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.

SEDIMENTATION: The transport and depositing of solid material by water.

SEPTIC SYSTEM: An underground system with a septic tank used for the decomposition of domestic wastes.

SEPTIC TANK: A watertight receptacle that receives the discharge of sewage.

SETBACK: The horizontal distance between a building or structure and any front, side or real lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.

SETBACK LINE (BUILDING LINE): The line beyond which a building shall not extend unless otherwise provided in this chapter.

SEWER: Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams.

SHADE TREE: A tree in a public place, street, special easement, or right-of-way adjoining a street.

SHAPE REQUIREMENT: See "lot shape requirement."

SHOPPING CENTER: An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, houses in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of 20,000 square feet.

SHOULDER: The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.

SIDEWALK AREA: A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

SIGHT TRIANGLE: The triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street lines.

SIGN AREA: That are defined by the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists, where no frame or edge exists, the area shall be defined by a projected enclosed four sides (straight lines) geometric shape that most clearly outlines the signs.

SIGN: An identification, description, illustration, or device illuminated or nonilluminated which is visible to the general public and directs attention to a product, service place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting flag, streamer, banner, pennant, or placard design to advertise, identify, or convey information.

SITE: Any plot, parcel or parcels of land.

SITE PLAN: A development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.

SKETCH PLAT: See "concept plan."

SOIL: All unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.

SOIL CEMENT: A mixture of Portland cement and locally available soil. It serves as a soil stabilizer.

SOIL CONSERVATION DISTRICT: The Freehold Soil Conservation District, a governmental subdivision of the State which was organized in accordance with the provisions of N.J.S.A. 4:24-2 et seq.

SOLID WASTE: Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.

SPECIAL EVENT SIGN: A sign advertising a specific occasion such as, but restricted to, holidays, grand openings, and inventory reduction.

STABILIZED TURF OR EARTH: Turf, or earth (soil), strengthened usually by the mixing of cement or lime with the original material to achieve increase strength, thereby reducing shrinkage and movement.

STANDARDS OF PERFORMANCE: (1) Standards, requirements, rules and regulations adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels, glare, airborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke, and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (2) required by applicable Federal or State laws or Municipal Agencies.

STEEP SLOPES: Areas where the average slope exceeds 15% which, because of this slope, are subject to high rates of stormwater runoff and erosion.

STORMWATER DETENTION: A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STORMWATER RETENTION: A provision for storage of stormwater runoff.

STORY: That portion of a building between a floor and ceiling, excluding cellars.

STORY, HALF; HALF STORY: That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story. A basement shall also be included as a half-story.

STREAM CORRIDORS: Those areas which include the floodway and permanent channel of brooks and streams.

STREET: Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way (1) which is an existing State, Country or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and grant to such Board the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET FURNITURE: Man-made aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.

STREET HARDWARE: The mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.

STREET HIERARCHY: The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.

STREET LINE: The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curbline, or edge-of-pavement line. On a street or highway shown on the adopted master plan of the Borough of Fair Haven, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point 25 feet from the center line of the existing pavement.

STREET LOOP; LOOP STREET: A street that has its only ingress and egress at two points on the same subcollector or collector street.

STREET, IMPROVED: See "improved street."

STREET, UNIMPROVED; UNIMPROVED STREET: A street that does not have an all-weather pavement. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally, any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the event that the Construction Official or other Borough Official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such Official shall contact the Borough Engineer for his evaluation and written determination.

STRIPPING: Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.

STRUCTURAL ALTERATIONS: The same as "alterations."

STRUCTURE: A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

SUBDIVIDER: Any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

SUBDIVISION: The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: (1) divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) division of property upon court order including, but not limited to, judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument, and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the development regulations contained in this chapter for frontage on an improved street, zoning district regulations, and for design standards and improvement specifications; and further provided that each lot, tract, or parcel of land is shown and designated as separate lots, tracts, or parcels of land shown on the official tax map of the Borough. Those adjoining lots, tracts, or parcels of land shown on the official tax map of the Borough which are owned by the same person or persons but which individually do not conform to the zoning district regulations and/or which do not meet the required frontage on an improved street shall be treated under this chapter as a single parcel of land no portion of which may be conveyed without subdivision approval as prescribed by this chapter. The term "subdivision" shall also include the term "resubdivision.

SUBDIVISION AND SITE PLAN COMMITTEE: A committee appointed by the chairperson of the Planning Board for the purpose of reviewing, commenting and making recommendations with respect to subdivision and site plan applications and having the power to approve minor site plans and subdivisions. Only those committee members who are members or alternatives of the Board having jurisdiction to act have the power to vote on a matter involving a minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and N.J.S.A. 40:55D-47.

SUBGRADE: The natural ground lying beneath a road.

SURFACE WATERS: Those waters that fall on land or arise from springs and diffuse themselves over the surface of the ground following no defined course or channel.

SWIMMING POOL, ABOVEGROUND; ABOVEGROUND SWIMMING POOL: Any swimming pool with sides that are not flush with the ground. Hot tubs, Jacuzzis and children's wading pools shall not be considered above ground swimming pools.

SWIMMING POOL, COMMERCIAL; COMMERCIAL SWIMMING POOL: A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel, or apartment development.

SWIMMING POOL, PRIVATE; PRIVATE SWIMMING POOL: A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and the pool is utilized with no admission charges and not for the purpose of profit.

SWIMMING POOL, PUBLIC; PUBLIC SWIMMING POOL: The same as "swimming pool, commercial."

TELECOMMUTING: A work arrangement for performing work electronically from a dwelling solely by a member of the household.

TEMPORARY SIGN: A nonpermanent sign erected, affixed, or maintained on a premises for a short, usually fixed, period of time.

TIDELANDS: Lands which are washed by tidal flows in accordance with the NJDEP Tideland Council maps which are on file with the NJDEP and Borough Clerk.

TOPSOIL: The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.

TRACT: An area of land consisting of one or more contiguous lots under single ownership or control, used for development or for a common purpose. Tract interchangeable with the words, development area, site and property.

TRANSCRIPT: A typed or printed verbatim record, or reproduction thereof, of the proceedings of the Municipal Agency.

TRIP: A single or one-way vehicle movement to or from the property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

ULI: Urban Land Institute.

UNIFORM CONSTRUCTION CODE: The New Jersey Uniform Construction Code, N.J.S.A. 52:27D-122 et seq. (N.J.A.C. 5:23-1.1 et seq.)

USCGS (ALSO USC&G AND USC&GS): United States Coast and Geodetic Survey.

USE: The specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

UTILITIES: Essential services including, but not limited to sewers, water, electricity, gas, and telephone, regulated by the State of New Jersey or by the Federal government.

VARIANCE: Permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, and N.J.S.A. 40:55D-70c and 70d.

VIEW OR PUBLIC VIEW: The view by the public of a building, structure, object, or site from any point on a street or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.

WALL SIGN: A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by.

WAREHOUSE: Any structure designed for or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini, or other form of commercial warehouse activities.

WATERCOURSE: Channel or canal for the conveyance of water, particularly drainage lands.

WETLANDS (NONTIDAL OR FRESHWATER): An area regulated by the New Jersey Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

WETLANDS (TIDAL): Areas known as marshes, swamps or other lowland subject to tidal action or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one foot above local extreme high water and of which vegetation unique to tidal marshes, swamps or lowlands has become adopted. This definition shall include, but is not limited to, all the mapped New Jersey State wetlands.

WINDOW SIGN: A sign painted onto the interior of a window or door of a building which is intended for viewing from the exterior of such building.

WOODED AREAS: Any area within a tract covered by trees, woods or forests, including closely grouped or stands of 10 or more mature or specimen trees of six-inch caliper or greater; or individual shade and specimen trees of twelve-inch caliper or greater, or individual ornamental trees of four-inch caliper or greater.

YARD: The space which lies between a building or structure and a lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. Yards will be identified as either front yard, side yard or rear yard.

YARD, FRONT; FRONT YARD: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building or structure. The depth of the front yard shall be measured at right angles to the front line of the lot.

YARD, REAR; REAR YARD: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a building or structure. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.

YARD, SIDE; SIDE YARD: A yard between the side line of the lot and the nearest line of a building or structure and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONE: The same as district.

ZONING OFFICIAL: The municipal official designated to enforce the provisions of this chapter.

ZONING PERMIT: The same as development permit.

§ 30-3 ADMINISTRATION.

§ 30-3.1 Planning Board.

[Ord. B-417 § 3.1,1998; 2002 Code § 16.12.010]

Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is continued to consist of nine members of the following four classes and two alternates all of whom shall be municipal residents except for the Class II members, as set forth below.

Class I. The Mayor, or the Mayor's designee in the absence of the Mayor.

Class II. One of the officials of the Borough other than the Mayor or a member of the Borough Council to be appointed by the Mayor; provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternate members.

Class III. A member of the Borough Council to be appointed by it.

Class IV. Six other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one member may be a member of the Zoning Board of Adjustment and one may be a member of either the Board of Education of either the Fair Haven Board of Education or the Rumson-Fair Haven Regional High School Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-2 shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

Alternates. The Mayor shall also appoint two alternate members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1" and "Alternate No. 2."

Terms. The term of the member composing Class I shall correspond to his official tenure, or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at a completion of his term of office as a member of the Environmental Commission, whichever comes first.

The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

The terms of all Class IV members first appointed pursuant to N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment, provided, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV member shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

The terms of alternate members shall be two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.

Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Conflicts and Lack of Quorum. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term only.

Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Borough Council for cause.

Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member or alternate member of the Planning Board or a municipal employee designated by it. An alternate member shall not serve as Chairman or Vice Chairman of the Planning Board.

Planning Board Attorney. There is created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Borough Attorney. The Board shall not expend an amount, exclusive of gifts or grants, in excess of the amount appropriated by the Council for its use.

Expenses, Experts and Staff. The Borough Council shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.

Powers and Duties. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall have the following powers and duties:

To prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the Borough in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28;

To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 59;

To grant exceptions from certain requirements for subdivisions and site plan approval pursuant to N.J.S.A. 40:55D-51;

To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67;

To consider and make report to the Borough Council within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a). The report shall include identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Borough Council when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reason for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.

To participate in the preparation and review of programs or plans required by State or Federal law or regulations;

To assemble data on a continuing basis as part of a continuing planning process;

To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29;

When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment;

(a)

Variances pursuant to N.J.S.A. 40:55D-70(c);

(b)

Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32;

(c)

Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be;

10.

Review of capital projects pursuant to N.J.S.A. 40:55D-31;

11.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other Borough bodies, agencies, or officers;

12.

The Borough Council may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority hereon except for any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

Citizens Advisory Council. The Mayor may appoint one or more persons as a Citizens Advisory Council to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.

Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board as index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

Simultaneous Review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.

Referrals from Zoning Board of Adjustment. The Planning Board shall receive and act on all referrals from the Zoning Board of Adjustment in a timely manner so that the Zoning Board will receive the advice of the Planning Board within 45 days of the referral.

The Planning Board shall review the material referred and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain the Planning Board's opinion as to the compatibility of the proposal to the master plan; applications which may have been or are currently being processed by the Planning Board for similar uses; land use, traffic and other data relevant to the application which the Planning Board has in its files, and what conditions, if any, the Planning Board recommend be imposed on the applicant to improve compatibility with the master plan and this chapter should the Zoning Board of Adjustment grant the variance.

§ 30-3.2 Zoning Board of Adjustment.

[Ord. B-417 § 3.2, 1998; 2002 Code § 16.12.020]

Establishment. The Zoning Board of Adjustment presently in existence pursuant to N.J.S.A. 40:55D-69 is continued to consist of seven regular members, and two alternate members who shall be residents of the Borough and appointed by the Mayor and confirmed by the Borough Council.

Terms. The members of the Board of Adjustment shall continue until their respective terms expire. Thereafter, the terms of each member shall be four years from January 1 of the year of their appointment. The terms of members first appointed under this section shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case or regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years and the term of each alternate member shall be two years.

Alternates.

The Mayor may appoint and the Council confirm two alternate members who shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members shall meet the same qualifications as regular members.

Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Conflicts and Lack of Quorum. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. No member may hold elective office or position under the municipality. If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interests therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.

Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as here and above provided.

Removal. A member may, after public hearing if he requests it, be removed by the Borough Council for cause.

Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its regular members and shall select a Secretary who may or may not be a Board member of another municipal employee.

Board of Adjustment Attorney. There is created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Borough Attorney. The Board shall not, however, expend an amount exclusive of gifts or grants, in excess of the amount appropriated by the Borough Council for its use.

Expenses, Experts and Staff. The Borough Council shall make provisions in its budget and appropriate funds for the expenses of the Board of Adjustment. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.

Rules and Regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.

Powers of the Zoning Board of Adjustment.

The Board of Adjustment shall have the power to:

(a)

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68.

(1)

Appeals to the Board of Adjustment may be taken by an interested party. Each appeal shall be taken within 20 days prescribed by N.J.S.A. 50:55D-72 by filing a notice of appeal with the officer from whom the appeal was taken, together with three copies of the notice with the Secretary of the Board of Adjustment. The notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(2)

An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

(3)

The Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or may modify the order, requirements, decision or determination appealed from, and make such other requirement, decision or determination a sought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.

(b)

Hear and decide requests for interpretation of the zoning map or zoning provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68, or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.

(c)

Grant, upon an application or an appeal, relief from regulations pursuant to N.J.S.A. 40:55D-62 through 68, except those departures enumerated in N.J.S.A. 40:55D-70d, where:

(1)

The strict application of such regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of a property for any of the following reasons:

By reason of exceptional narrowness, shallowness or shape of the specific piece of property; or

ii.

By reasons of exceptional topographic conditions or physical features uniquely affecting the specific piece of property; or

iii.

By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; or

(2)

The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, and further provided that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection.

(d)

Grant, upon an application or an appeal, in particular cases and for special reasons, by affirmative vote of at least five members, a variance to allow departures from regulations pursuant to N.J.S.A. 40:55D-62 through 68 to permit the following:

(1)

A use or principal structure in a district restricted against such use or principal structure;

(2)

An expansion of a nonconforming use;

(3)

Deviation from a specification or standard pertaining solely to a conditional use;

(4)

An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;

(5)

An increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision;

(6)

A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

If an application for development requests one or more variances but not a variance for a purpose enumerated under paragraphs k1(d) of this subsection, the decision on the requested variance or variances shall be rendered under paragraph k1(c) of this subsection.

No variance or other relief may be granted under the terms of N.J.S.A. 40:55D-70d, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. An application under this subsection may be referred to any appropriate person or agency, provided such reference shall not extend the period of time within which the Board of Adjustment shall act.

The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid subsection d of N.J.S.A. 40:55D-70 shall not be required.

The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the official map. The Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development required approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60b.

The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Board of adjustment shall not exercise the power otherwise granted by this section if the proposed development required approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60c.

The Zoning Board of Adjustment shall, at least once a year, review its decision on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Zoning Board shall send copies of the report and resolution to the Borough Council and the Planning Board.

§ 30-3.3 Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment.

[Ord. B-417 § 3.3, 1998; 2002 Code § 16.12.030]

Meetings.

Every Municipal Agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the Municipal Agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.

The Municipal Agency may provide for special meetings, at the call of the Chairman, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.

No action shall be taken at any meeting without a quorum being present.

All action shall be taken by a majority vote of members of the Municipal Agency present at the meeting except as otherwise required by N.J.S.A. 40:55D-32, -34, -62, -63 and subsections -17e, -26a and b and -70d. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for Governing Bodies.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6 et seq.

An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-I et seq.

Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Municipal Agency and of the persons appearing by attorney, the action taken by the Municipal Agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer (Planning Board or Board of Adjustment Secretary). Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction of the minutes for his use.

Hearings.

Required Hearings. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development.

Rules for Conducting Hearings. The Planning Board and Board of Adjustment shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.

Filing of Documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer (Planning Board or Board of Adjustment Secretary). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Verbatim Recording. The Municipal Agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The Municipal Agency shall furnish a transcript or duplicate recording in lieu thereof, on request to any interested party at his expense; provided that the Borough Council may provide by ordinance for the municipality to assume the expense of any transcripts necessary for approval to the Borough Council pursuant to N.J.S.A. 40:55D-17 of decisions by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d; up to a maximum amount as specified by the ordinance.

Transcript Charge. The Municipal Agency in furnishing a transcript or tape of the proceeding to an interested party at his expense shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.

Voting Eligibility. A member or alternate member of a Municipal Agency who was absent for one or more of the meetings at which a hearing was held or was not a member of the Municipal Agency at the time shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcript or recordings of all of the hearings from which he or she was absent or was not a member, and certifies in writing to the Municipal Agency that he or she has read such transcript or listened to such recording.

Notice Requirements for Hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least 10 days prior to the date of the hearing in accordance with the following:

Public notice of hearing on an application for development shall be given for all the following:

(a)

Appeal or variance pursuant to N.J.S.A. 40:55D-70;

(b)

Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36;

(c)

Conditional uses pursuant to N.J.S.A. 40:55D-67;

(d)

Preliminary major subdivision plats;

(e)

Preliminary major site plans;

(f)

Extension of approvals for five or more years pursuant to N.J.S.A. 40:55D-52;

(g)

Modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice;

(h)

Appeals of determinations of administrative officers pursuant to N.J.S.A. 40:55D-70a;

(i)

Requests for interpretation pursuant to N.J.S.A. 40:55D-70b.

Public notice shall be given by publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.

Notice of a hearing requiring public notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has, an apartment above or below it.

Notice shall be given by: (1) serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required.

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal, property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications for development of property adjacent to an existing County road or proposed road shown on the official County map or on the, County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a State highway.

Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.

Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to paragraph d1 of this subsection shall be given, in the case of a public utility, cable television company, or local utility which possesses a right-of-way or easement within the Borough and which has registered with the Borough in accordance with this subsection, by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

Every public utility, cable television company, and local utility interested in receiving notice pursuant to this subsection may register with the Borough if the public utility, cable television company, or local utility has a right-of-way or easement in the Borough. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.

The Administrative Officer shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the municipality pursuant to this subsection. The registration form shall include the name of the public utility, cable television company, or local utility and the name, address, and position of the person to whom notice shall be forwarded, as required pursuant to this subsection. The information contained therein shall be made available to any applicant, as provided in N.J.S.A. C.40:55D-12.

The Borough shall impose a registration fee of $10 on any public utility, cable television company, or local utility which registers to receive notice pursuant to this subsection.

The applicant shall file an affidavit of proof of service with the Municipal Agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and of this chapter.

10.

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

11.

Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.

12.

Notice pursuant to paragraphs d4; d5; d6; and d7 of this subsection shall not be deemed to be required, unless public notice pursuant to paragraphs d1 and d2 of this subsection are required.

13.

List of Property Owner Furnished. Upon the written request of an application, the Tax Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee shall be charged for such list.

Decisions. Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon.

Reduction to writing shall be accomplished through:

(a)

A resolution adopted at a meeting held within the applicable time period for taking action on the application for development; or

(b)

A resolution adopted at a meeting held not later than 45 days after the date of the meeting at which action to grant or deny approval was taken memorializing the action.

(c)

Where the agency fails to adopt a resolution, any interested party may apply to Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.

The following members shall be eligible to vote on the resolution:

(a)

Where the action taken resulted from the failure of a motion to approve an application those members voting against the motion for approval shall be the members eligible to vote on the resolution.

(b)

In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.

The following shall apply to adoption of the resolution:

(a)

The vote on a resolution shall be deemed to be a memorialization of the action of the agency and not to be an action of the agency.

(b)

The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member.

(c)

The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required.

Copies of the decision shall be distributed by the Administrative Officer (Planning Board or Board of Adjustment Secretary) as follows:

(a)

A copy shall be mailed within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge.

(b)

A copy shall be filed in the office of the Administrative Officer and be made available for public inspection during reasonable hours.

(c)

A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.

A brief notice of the decision shall be published in the official newspaper(s) of the Borough.

(a)

Such publication shall be arranged and proof of publication shall be obtained by the Administrative Officer (Planning Board or Board of Adjustment Secretary). Nothing herein shall be construed as preventing the applicant from arranging such publication is he so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the notice whether arranged by the Borough or the applicant.

(b)

Such notice shall be published within 30 days of the date of decision, or 20 days of the date of mailing of a copy of the decision by the Administrative Officer (Planning Board or Board of Adjustment Secretary), whichever is later, or within such other appropriate period as may be determined by the Municipal Agency at the time of decision.

(c)

Failure to publish as herein required shall render any approvals null and void.

Conditional Approvals.

In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the Municipal Agency shall approve such application conditioned on removal of such legal barrier to development.

In the event that development proposed by an application for development requires an approval of a governmental agency other than the Municipal Agency, the Municipal Agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Municipal Agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:44D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the Municipal Agency is prevented or relieved from so acting by the operation of law.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

The Municipal Agency may impose such other conditions as it deems appropriate.

In all cases the Municipal Agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the Municipal Agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.

Tolling of Running of Period of Approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval shall be suspended for the period of time the legal action is pending or such directive or order is in effect.

Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.

Time for Decision. After the date in appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the Administrative Officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one type of application is involved, the longer time period shall apply.

Type of Application	Time Period (days)
Site plans
Minor	45
Preliminary approval (10 acres or less, 10 units or less)	45
Preliminary approval (more than 10 acres or 10 units)	95
Final approval	45
Subdivisions
Minor	45
Preliminary approval (10 lots or less)	45
Preliminary approval (more than 10 lots)	95
Final approval	45
Conditional use authorization	95
Variance	120
Appeal from the decision of a municipal officer	20
Direction for issuance of a building permit	120

Separation of Applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in paragraph h of this subsection.

Time for Exercise of Variance. Any variance from the terms of any ordinance hereafter granted permitting the erection or alteration of any building, structure or structures or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced within 12 months from the date of entry of the decision provided, however, that the running of the period of limitation herein provided shall be suspended from the date of filing an appeal from the decision to the Borough Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Where the variance is part of a subdivision or site plan approval, the period of limitation shall coincide with the approval specified in Section 30-4 of this chapter.

§ 30-3.4 Certificates and Permits.

[2002 Code § 16.12.040; Ord. No. 7-11-05A, 2005]

Development Permit.

Development permits shall hereafter be secured from the Zoning Officer prior to:

(a)

Application for and/or issuance of any building permit except for minor work or ordinary repairs as defined in the Uniform Construction Code;

(b)

The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure;

(c)

Application for and/or issuance of any permit for a new or expanded or relocated sign;

(d)

Application for and/or issuance of any permit for erection of a fence;

(e)

Any change in use or change in nonresidential occupancy;

(f)

The excavation, removal, or addition of soil or fill to or from any site exceeding 10 cubic yards or any alteration exceeding 5,000 square feet in the natural condition of any undeveloped parcel of land including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover provided, however, that such alterations located on and necessary to the operation of a farm as defined in this chapter shall not require a development permit;

(g)

Any use of any portion of any parcel of land for any activity regulated by this chapter;

(h)

The construction of any site improvement either above or below ground;

(i)

The issuance of any certificate of occupancy where no building permit was previously required.

An application for development permit shall be in writing by the owner or his authorized agent and include the following unless the Administrative Officer determines that a particular item is not needed in order to make a decision:

(a)

A statement of the use or intended use or uses of the building, structure or land;

(b)

An elevation drawn to scale of the building or structure to be erected including signs to be placed thereon and their content and manner of construction;

(c)

A plan drawn to scale showing all proposed and/or existing buildings, signs, parking areas, setbacks, and yard distances in exact location to street and lot lines;

(d)

The proportion of existing and proposed lot coverage;

(e)

The location of any wetlands, easements, or floodplains.

The Zoning Officer shall take action on a complete application for a development permit within 45 days of its submission.

Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:

(a)

Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department;

(b)

Drainage permits from the New Jersey Department of Transportation;

(c)

Stream encroachment permit from the New Jersey Department of Environmental Protection;

(d)

Coastal Area Facilities Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection;

(e)

Wetlands permit from the New Jersey Department of Environmental Protection;

(f)

Riparian construction permit from the New Jersey Department of Environmental Protection;

(g)

Waterfront development permit from the New Jersey Department of Environmental Protection;

(h)

Required permits from the United States Army Corps of Engineers and United States Coast Guard;

(i)

Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection;

(j)

Land disturbance permit from the Freehold Area Soil Conservation District;

(k)

Floodplain encroachment permit.

Prior to the issuance of a development permit, the applicant shall have secured all approvals required by this chapter shall have met any and all conditions of any Municipal Agency approval.

The Zoning Officer shall issue a development permit for nonconforming structures provided that in the opinion of the Zoning Officer, the provisions of subsection 30-7.3i are complied with.

Certificates as to Approval of Subdivision of Land.

The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.

The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

Each such certificate shall be designated as certificate as to approval of subdivision of land, and shall certify:

(a)

Whether there exists in the Borough a duly established Planning Board and whether there is an ordinance controlling subdivision of and adopted under the authority of N.J.S.A. 40:55D-1 et seq.

(b)

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.

(c)

Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.

The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee in accordance with the fee schedule.

Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of N.J.S.A. 40:55D-55.

If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to N.J.S.A. 40:55D-55.

Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.

Construction Permit.

No construction permit shall be issued unless the applicant shall have first secured a development permit.

No building or structure shall be erected, added to, or structurally altered until a permit thereon has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-214).

Certificate of Occupancy.

Development Permit Required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure, or land.

Uses and Occupancies after the Effective Date of This Chapter. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official.

Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy.

Temporary certificate of occupancy may be issued pursuant to the provisions of this chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.

Existing Uses at the Time of Passage of this Chapter or Any Amendments Thereto. The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the ordinance codified in this chapter or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Zoning Officer within one year of the adoption of the chapter or the amendment or at any time to the Board of Adjustment and shall be accompanied by the established fee. A denial by the Zoning Officer shall be appealable to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72 et al.

Change of Nonresidential Occupancy. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy is not a change in use and that the applicant has met the requirements of the applicable regulations.

Scope of Certificate of Occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

Improvement Required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.

Soil Erosion and Sediment Control Plan Certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use.

§ 30-3.5 Records.

[2002 Code § 16.12.050]

It shall be the duty of the Administrative Officer or his designee to keep a record of all applications, all actions of the Municipal Agencies, all complaints, all violations noted and a record or any action taken thereon and all development permits issued together with a notation of all special conditions involved. He shall file and safely keep all copies of all plans submitted and the same shall form a part of the records of his office and shall be available for the use of the Borough Council and of other officials of the Borough.

The Administrative Office or his designee shall prepare a monthly report for the Borough Council, summarizing for a period since his last previous report all development permits issued and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Administrator, Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement Officer, Construction Official and Engineer at the same time it is filed with the Borough Council.

§ 30-3.6 Enforcement.

[2002 Code § 16.12.060]

The duty of administering and enforcing the provisions of this chapter is conferred upon the Zoning Officer, who shall have such powers as are conferred by this chapter, and as reasonably may be implied. In no case shall a development permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Administrative officer or his designee to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this chapter, and the Officer shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of performing these duties.

§ 30-3.7 Interpretation.

[2002 Code § 16.12.070]

In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience, and general welfare of the Borough. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standard shall govern.

§ 30-3.8 Conflict with Other Laws; Repealer.

[2002 Code § 16.12.080]

Prior 2002 Code Chapter 16, Land Development, is repealed in its entirety except as indicated herein, and any portions of other ordinances which contain provisions inconsistent with this chapter are repealed to the extent of such inconsistency, except as provided, and, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance, Historic Preservation Commission as established in Chapter 2, Administration, is retained as currently established.

§ 30-3.9 Violations; Penalties.

[2002 Code § 16.12.090]

For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, shall for each and every day that such violation continues, be punished in accordance with Chapter 1, Section 1-5.

It shall be a violation of the provisions of this chapter to:

Engage in any of the activities referred to in subsection 30-3.4a of this section prior to issuance of a development permit;

Engage in any of the activities referred to in subsection 30-5.2c, d and e of this chapter;

Engage in any of the activities referred to in subsection 30-7.3a, b and c of this chapter prior to issuance of a development permit;

After approval of a development permit, fail to follow, during construction, the approved site or subdivision plans and/or observe any and all conditions of approval contained in any resolution of the Municipal Agency;

Fail to observe the provisions of Section 30-7 of this chapter;

Fail to observe any direction of the Administrative Officer or his designee with regard to the suspension of any work not in conformance with approved plans or the conditions of any resolution of the Municipal Agency or of the development permit;

Fail to observe any direction of the Administrative Officer or his designee with regard to the correction, including time limits imposed for such correction, of any work not in conformance with the approved plans or the conditions of any resolution of the Municipal Agency or of the development permit;

After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of the Municipal Agency or of the development permit and/or any of the provisions or applicable design standards set forth in Sections 30-7; 30-8 and 30-9 of this chapter.

The above shall not be construed to be an exhaustive list of those activities or actions or omissions which constitute violations of this chapter. Engaging in other activities provided by, or failure to engage in other activities required by this chapter shall also be considered violations.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty in accordance with Chapter 1, Section 1-5 of this Code and each lot so made may be deemed a separate violation.

In addition to the foregoing, the municipality may institute and maintain a civil action:

For injunctive relief; and

To set aside and invalidate any conveyance made pursuant to such a contract of sale provided a certificate as to the approval of subdivision has not been issued in accordance with this chapter.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six years, if unrecorded.

If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Municipal Agency or the Borough Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.

If the developer or agent of the developer shall, after notification by certified mail from the Zoning Officer or Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of a lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Zoning Officer or Borough Engineer; then any such developer or agent of such developer shall be subject to punishment in accordance with Chapter 1, Section 1-5 of this Code. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order shall be considered a separate and specific violation.

§ 30-3.10 Amendments.

[2002 Code § 16.12.100]

All amendments to this chapter and to the zoning map, which forms a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map and schedule of area, yard and building requirements may be amended and supplemented by description and reference thereto, without republication of the entire map or detailed text of the schedule.

§ 30-3.11 Validity of Chapter.

[2002 Code § 16.12.110]

If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.

§ 30-3.12 Effect of Pending and New Applications.

[2002 Code § 16.12.120]

After the effective date of the ordinance adopting this chapter, all new applications for development shall be subject to the provisions of this chapter. Within 45 days of submission of any application for development, the Administrative Officer shall notify the developer in writing if an application for development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after the submission. If developer is notified that an application for development is incomplete, the Administrative Officer shall further notify the developer within 45 days of submission of all the additional plans and supporting documentation requested if an application for development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.

All applications for development filed prior to the effective date of the ordinance codified in this chapter may be continued, subject to the following:

The time limits for approval by the Municipal Agency set forth within this chapter shall not apply unless the developer shall notify the Municipal Agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of paragraph a of this subsection and all other provisions of this chapter.

If the developer does not notify the Municipal Agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted pursuant to the procedures heretofore in effect at the time of such application.

All approvals granted after the effective date of the ordinance codified in this chapter shall confer upon the applicant all the rights set forth in this chapter.

§ 30-3.13 Copy to Be Filed with County Planning Board.

[2002 Code § 16.12.130]

Upon adoption of the ordinances codified in this chapter, and any amendments, the Borough Clerk shall file a copy with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment or revision which in whole or in part is inconsistent with or not designed to effectuate the land use plan element and housing plan element of the master plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the Monmouth County Planning Board.

§ 30-3.14 Fees.

[2002 Code § 16.12.140; Ord. No. 2007-13 § II; Ord. No. 2007-16 § II; Ord. No. 2008-3; Ord. No. 2008-18; Ord. No. 2010-06; Ord. No. 2010-20; Ord. No. 2015-13; Ord. No. 2016-05; Ord. No. 2018-16]

The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough by cash, certified check, or bank draft in accordance with the current fee schedule adopted by the Borough Council on file in the Borough Clerk's office. The fees to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination or approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section. The amount of any application filing fees for an informal review shall be a credit toward fees for an application for development. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section as a refundable application escrow fee as specified herein:

Application Filing Fees

Application for Development Permit.

(Zoning Permit) (This fee is also stated at subsection 2-56.1) [Ord. No. 2013-21]	$50 (Residential)
	$100 (Commercial)

Minor Subdivision Approval.

Each informal review	$100
Application fee	$250
Plat or deed review fee	$100 (per lot)

Major Subdivision Approval.

Each informal review	$500
Preliminary application fee	$500 (plus $100 per new lot)
Final application fee	50% of preliminary application fee
Final plat application fee	$400
Final plat review fee	$250 (per lot)

Minor Site Plan Approval

Each informal review	$100
Application fee	$400

Major Site Plan Approval.

Each informal review	$500
Preliminary application fee	$750
Final application fee	50% of preliminary application fee

Extension of Approval. $250

Variances

For all applications relating to single- and/or two-family residential uses requiring 1 or more bulk variances	$250
For all other applications requiring 1 or more bulk variances	$300
Interpretation of the zoning regulations or map	$250
Use Variance
Proposed single- and/or two-family residential uses	$300
For all other use variances	$500

Conditional Uses. $250

Public Hearing.

For those development applications which require public notice and hearing

$75

Reproduction of Records.

Duplication of tape recordings

$75/meeting

Change of Master Plan or Zone Request Application. $300

Escrow Deposits.

[Ord. No. 2018-16]

In addition to the initial fees or charges as elsewhere set forth, the municipal agency shall require escrow deposits in accordance with the provisions of the fee and deposit schedule set forth in this paragraph l. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.

Scope of Reimbursed Services. The municipality shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents such as, but not limited to: drafting resolutions, developer's agreements, and necessary correspondence with applicant or applicant's professionals.

Deposit of Escrow Funds; Refunds. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.

Payments. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to (1) the applicant and (2) the municipal agency for whom said services were performed.

The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

Payments Required Prior to Issuance of Permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.

Close Out Procedures. The following close out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.

The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account including interest in accordance with N.J.S.A. 40:55D-53.1 shall be refunded to the developer along with the final accounting.

Scope of Charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals on the subdivision or site plan.

Limitation of Inspection Fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.

Substitution of Professionals. If the municipality retains a different professional or consultant in the place of a professional originally responsible for development application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.

10.

Estimate of Cost of Improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Municipal Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.

11.

Appeals.

(a)

An applicant shall notify in writing the Governing Body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2. The Governing Body or its designee shall within a reasonable time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127 any charge to an escrow account or deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection N.J.S.A. 40:55D-53.2(c), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

(b)

Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.

(c)

During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.

12.

Escrow Fees. The following minimum sums are required to be deposited in an escrow account for application to the Planning Board and/or Board of Adjustment.

(a)

[Ord. No. 2016-13; Ord. No. 2018-16]

Residential		Escrow
All single-family residential applications (not involving subdivision)		$1,500 plus $300 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3
Minor subdivision		$2,500
Major subdivisions:
0-3 units or lots		$3,500
Per lot for each lot in excess of 3 lots		Plus $2,000

(b)

Nonresidential Development.

Note: Use the greater of the escrow amounts determined from the floor area and parking space tables below:

[Ord. No. 2016-13; Ord. No. 2018-16]

	Escrow
Based on Floor Area
0-1,000 Square Feet, GFA	$3,750
1,001-10,000 Square Feet, GFA	$6,000
10,001-50,000 Square Feet, GFA	$9,000
50,001-100,000 Square Feet, GFA	$13,500
100,000 + Square Feet, GFA	$18,000
Based on Parking Spaces
0-5 spaces	$3,000
6-25 spaces	$7,500
26-100 spaces	$22,500
101-500 spaces	$30,000
501+spaces	$37,500

(c)

[Ord. No. 2016-13; Ord. No. 2018-16]

Variances		Escrow
Appeals under 40:55D-70a		$500
Interpretation or special questions under 40:55D-70c		$500
Variances under 40:55D-70c		Residential $300 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3 Nonresidential $500 per new variance. No escrow payment will be required for existing variances that are not expanded, enlarged or increased as defined in subsection 30-7.3
Variances under 40:55D-70d		$1,000

(d)

Conditional Use

$750 in addition to site plan escrow amount

(e)

Extension of Approval

$500

(f)

Informal Review
Minor subdivision or site plan		$500
Major subdivision or site plan		$1,000

Inspection and Engineering Fees.

[Ord. No. 2016-13]

Inspection escrow fees for subdivision and/or site plans shall be 5% of all bonded improvements.

Additional Inspection Fee Escrow for Excess Borough Expenses. If the municipal agency determines that a proposed development involves unusual or complicated aspects which could result in expense to the Borough in excess of the inspection fees set forth above, the municipal agency may, as a condition of, or of any extension of or amendment to, final approval, require the developer to provide an additional escrow deposit. Expenses in excess of the normal inspection fees may be deducted from the escrow deposit. Any balance shall be returned to the applicant upon release of performance guarantees and/or issuance of a final certificate of occupancy. In determining the amount of any escrow required, the municipal agency may consider: the duration and size of the project; unusual design aspects; the degree and extent of municipal inspection required and the extent of conformity to normal municipal design standards.

Engineering Fees. (Fees restated at subsection 2-56.1, Fee Schedule.)

[Ord. No. 2016-05]

Professional Services for Applications to the Planning Board or Zoning Board per MLUL N.J.S.A. 40:55D-53.2 (charged to escrow accounts)	$85-$125 per hour
Engineering Inspection Certificate Fee (prior to issuance of Certificate of Occupancy)	$85-$125 per hour

Reproduction Fees. Costs for reproduction of plats, attachments, maps or other supporting documentation, maps or other supporting documentation shall be paid in full by the requestor prior to release in accordance with current Borough requirements.

Tax Map Revision Fees. A fee of $150 per lot or unit shall be charged for all minor and major subdivisions, residential unit site plans or condominium or cooperative residential or commercial development to cover the cost of revising the Borough tax map. This fee shall be paid prior to signing of the final plat of a major subdivision by the Chairman and the Secretary of the Municipal Agency and Borough Engineer/Surveyor.

Revised Plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board or Board of Adjustment, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with current Borough requirements.

Where changes in the plat are requested by the Municipal Agency or Borough Engineer, no fees need be paid and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need be submitted.

Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency where approval was a condition of the Planning Board or Board of Adjustment approval, which do not involve any additional building or parking or, in the opinion of the Administrative Officer, significant change in the design of the site or subdivision, an application fee of $50 be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the Planning Board or Board of Adjustment approval, which involve additional building or parking or, in the opinion of the Administrative Officer, a significant change in the design of the site or subdivision, an application fee equal to one-half the fee required for the initial submissions, will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

Where the proposed changes involve a change in use and/or, in the opinion of the Administrative Officer, a major alteration of the design concepts of the plat approved by the Municipal Agency, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.

Grading Permit. Application for engineering review of individual plot house location/grading plans for fill over 10 cubic yards, $100.

Site Plan Charges Computation for Partial Site Developments. In cases where only a portion of a parcel of site is to be involved in the proposed site plan, a site area charge may be charged based upon an area extending 20 feet outside the limits of all construction including grading and landscaping as well as all other areas of site the Borough Engineer believes are reasonably affected by the development application. The 20 feet around disturbed areas shall not extend beyond the property lines. The Borough may still require reasonable improvements and upgrading to portions of the site not within the disturbed or affected areas.

Supervision.

No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English-speaking supervisor acceptable to the Borough Engineer.

No less than five days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Borough Engineer with the names, addresses, phone number and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspects of construction for which each is responsible.

Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any more improvements, required by the provisions of this section, the developer shall deposit by cash or certified check with the Borough Clerk an amount determined from the schedule of inspection fees. The amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All moneys received on account of engineering and inspection fees shall be deposited by the Borough in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services.

§ 30-3.15 Technical and Design Review Committee.

[Added 12-16-2019 by Ord. No. 2019-12]

§ 30-3.15.1 Establishment and Purpose.

The Technical and Design Review Committee is established for the purpose of reviewing applications for development on any municipally owned property or with respect to any other proposed development on commercially zoned property in or about the Borough's downtown, and to provide recommendations and technical assistance to the Mayor and Council and the Planning Board regarding the architectural and engineering design of the proposed development, and to ensure to the largest extent practicable that said designs are consistent with the intent, purpose, meaning and spirit of the master plan, and any reexamination report thereof.

§ 30-3.15.2 Permanent Members.

The Technical and Design Review Committee shall consist of four members, who shall have the following qualifications:

A Council member serving on the Planning Board;

The Chairperson of the Planning Board or his designee;

The Planning Board engineer or his designee; and

The Borough's Director of Code Enforcement.

§ 30-3.15.3 Technical Element Subcommittee.

The Technical and Design Review Committee shall be assisted on each application by a Technical Element Subcommittee, who shall review each detailed concept plan and site plan application and shall provide their comments in writing to the full Technical Design and Review Committee. The members of the Technical Element Subcommittee shall consist of the following:

The Borough's Fire Department Administrator, who shall provide comments and recommendations regarding the prevention of code issues and accessibility by the fire equipment;

Representatives of the Borough's Public Works Department, who shall provide comments and recommendations regarding public spaces, landscaping, sanitation, drainage, and water/sewer utility access;

Such additional members as the Mayor and Council may designate from time to time by resolution; and

The Borough's Director of Code Enforcement, who shall serve as the Chairman of the Technical Element Subcommittee but shall be entitled to vote on the comments and recommendations of the Technical Element Subcommittee only in the event of a tie.

§ 30-3.15.4 Appointments.

Members of the Technical Design and Review Committee and subcommittees who are not designated by virtue of their position or title shall be appointed by the Mayor with the advice and consent of the Borough Council and shall serve for a term of one year. Prior to commencing service, all members of the Technical Design and Review Committee and its subcommittees shall certify that they have read and are familiar with the Borough's Master Plan, and the subsequent reexamination report thereof.

§ 30-3.15.5 Scope of Review.

The Technical and Design Review Committee shall serve in an advisory and screening capacity and shall review and make comments and recommendations with respect to all detailed concept plans submitted to the Mayor and Council and all site plans submitted to the Planning Board relating to proposed redevelopments on municipally owned property, or on any other commercially zoned property in the Borough's downtown. The Technical and Design Review Committee shall not impose standards or technical or design requirements that will infringe upon the marketability or economic feasibility of a project, except in compliance with such design guidelines as may be adopted from time to time by the Mayor and Council. The scope and extent of the review engaged in by the Technical Design and Review Committee and its subcommittees, if any, shall be proportionate to the nature and extent of the proposed development, it being understood that smaller projects will be subjected to less-extensive technical review and comments than larger projects involving greater bulk and potential impact on the Borough and its infrastructure.

§ 30-3.15.6 Procedure for Review and Comment.

The Technical and Design Review Committee and the Technical Element Subcommittee shall establish uniform procedures for the sharing of information and plans, relating to proposed developments subject to this subsection, and the reporting of the Committee's comments and recommendations relating to the proposed development to the Mayor and Council in the case of detailed concept plans and to the Planning Board in the case of site plans. Nothing contained herein shall preclude the Mayor and Council from conducting its review of a detailed concept plan simultaneously or in conjunction with the review of the plan by the Technical and Design Review Committee. The Technical and Design Review Committee shall complete its review of proposed site plans prior to the submission of the site plan to the members of the Planning Board, and its written comments and recommendations shall be submitted to the Planning Board members at least 10 days prior to the Planning Board's hearing with respect to the proposed redevelopment.

§ 30-3.15.7 Meetings.

The Technical and Design Review Committee, and the Design Element Subcommittee and Technical Element Subcommittee, shall meet as often as necessary so as not to delay any application or project. A quorum based upon physical attendance of members shall not be required for the conduct of meetings or votes by the Technical and Design Review Committee or its subcommittees. While physical meetings are preferred, the Technical and Design Review Committee and the subcommittees are authorized to rely upon noncontemporaneous written, telephonic or other electronic communications of the respective members in reaching a consensus and voting upon the recommendations and comments to be submitted to the Mayor and Council and/or the Planning Board pursuant to this subsection. Nothing contained herein shall be construed to prevent one or more members from submitting a minority report expressing why he, she or they disagree with the consensus recommendations and/or comments reached by the majority. The Borough Administrator, or his or her designee, shall act as the liaison between the Borough Council and the Technical and Design Review Committee and its subcommittees.

§ 30-3.15.8 Escrow.

The escrow fee provisions applicable to applications for development in the Borough shall be applicable to all projects required to be reviewed by the Technical and Design Review Committee, and the Borough shall be entitled to deduct from the said escrow the amount of reasonable fees and expenses charged by the Planning Board's engineer in conducting the review.

§ 30-4 PROCEDURE.

§ 30-4.1 Approval Required.

[2002 Code § 16.16.010]

The purpose of this section is to establish the procedure for review and action on applications requiring subdivision, site plan, conditional use, or variance approval. The procedure is intended to provide orderly and expeditious processing of such applications.

In all zones for all proposed uses, subdivision, site development or construction other than an "exempt development," site plan and/or subdivision approval shall be required prior to:

Subdivision of land;

Issuance of a development permit or building permit;

Commencement of any regulated use or activity, which includes:

The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structures;

The use or occupancy of any building, structure or land;

The subdivision or resubdivision of any land;

Any activity which entails the construction of any improvements or the alteration of the natural condition of any land.

§ 30-4.2 Preapplication; Informal Review of Concept Plan.

[2002 Code § 16.16.020]

At the request of the applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development.

The purpose of the concept plan is to provide Planning Board input in the formative stage of subdivision and site plan design.

§ 30-4.3 Applications.

[2002 Code § 16.16.030; Ord. No. 2015-14]

Assignment. The applicant shall have the option of filing an application for development with the Administrative Officer or his designee to which approvals are required and the appropriate Board for hearing same, or of filing an application and proceeding before the Board which the applicant believes to be appropriate. The Administrative Officer's or his designee's determination shall be presumed to be correct. The following applications may be filed:

Exempt subdivisions;

Minor subdivisions;

Major subdivision;

Minor site plan;

Major site plan;

Conditional use;

Variance.

Informal review.

[Ord. No. 2015-14]

(Note: Certain applications may involve a combination of actions. Where an application is filed with the wrong Board, the Board shall deny the application without prejudice. The applicant may proceed to the correct approving authority.)

Content. An application for development shall include the items specified in Section 30-12 of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form.

Complete Application.

A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer or designee. In the event that the Administrative Officer or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on the checklist of items specified in Section 30-12 of this chapter, (2) the checklist has been provided in writing to the applicant, and (3) the Municipal Agency of its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Municipal Agency or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Municipal Agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Municipal Agency.

An applicant may appeal the Administrative Officer's decision concerning completeness of an application to the Municipal Agency which has jurisdiction to hear the application. The Municipal Agency shall have 45 days after receipt of a written request to schedule a public hearing at which time the Municipal Agency will determine if the application is complete. The Board shall affirm, modify, or reverse the decision of the Administrative Officer.

Informal Review.

An applicant may file an application for an informal review by the Planning Board or Zoning Board Professionals prior to submission of an application to either Board.

[Ord. No. 2015-14]

§ 30-4.4 Variances.

[2002 Code § 16.16.040; Ord. No. 2009-02 § II]

In cases where a proposed development requires a Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70.d or does not involve a site plan or subdivision but requires a variance pursuant to N.J.S.A. 40:55D-70C or requires the direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70.a or on an interpretation pursuant to N.J.S.A. 40:55D-70.b the applicant shall submit to the Administrative Officer 12 copies of the items required in Section 30-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches.

The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provision of subsection 30-4.3c of this chapter.

The Board of Adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an Administrative Officer, or (2) the submission of a complete application for development to the Board of Adjustment, (3) failure of the Board to render a decision within 120-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.

§ 30-4.5 Minor Subdivision and Minor Site Plan Procedure.

[2002 Code § 16.16.050; Ord. No. 2009-02 § II]

Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this title shall submit to the Administrative Officer 12 copies of the items required in Section 30-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches.

The application shall be declared complete or incomplete within a forty-five-day period from the date of its submission according to the provisions of subsection 30-4.3c of this chapter.

The minor subdivision or site plan shall be referred to the Planning Board or, if a variance pursuant to N.J.S.A. 40:55D-70d is required, to the Zoning Board of Adjustment.

The action of the Municipal Agency under this section must be taken within 45 days, or 120 days if a variance is required or within such further time as is agreed to by the applicant and the Municipal Agency. Failure of the Municipal Agency to act within the period prescribed shall constitute minor subdivision or site plan approval and a certificate of Administrative Officer as to the failure of the Municipal Agency to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Except as provided herein, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless with such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the Municipal Agency.

The Planning Board may extend the 190-day period for filing a minor subdivision plat or deed section if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval, or (2) the ninety-first day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision and site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision and site plan approval is adopted, provided that, in the case of a minor subdivision, the approved minor subdivision shall have been duly recorded.

§ 30-4.6 Major Subdivisions and Major Site Plan Procedure.

[2002 Code § 16.16.060; Ord. No. 2009-02 § II]

Preliminary Approval of Major Subdivisions and Major Site Plans.

The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Administrative Officer 15 copies of the materials stipulated in Section 30-12 of this chapter. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches.

The application shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of subsection 30-4.3 of this chapter.

The application for major subdivision or major site plan shall be referred to the Planning Board or, if a variance pursuant to N.J.S.A. 40:55D-70d is required, to the Zoning Board of Adjustment.

A complete application for a subdivision of 10 or fewer lots, or for a site plan of 10 acres of land or less or 10 dwelling units or less, shall be acted upon within 45 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than 10 lots, or a site plan that involves more than 10 acres of land or more than 10 dwelling units, shall be acted upon within 95 days of the date of such submission, or 120 days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Municipal Agency shall be deemed to have granted preliminary subdivision or site plan approval.

Effect of Preliminary Approval of Major Subdivisions and Major Site Plans. Preliminary approval of a major subdivision and site plan shall, except as provided in paragraph b4 of this subsection, confer upon the applicant the following rights for a three-year period from the date on which the resolution of the preliminary approval is adopted as specified by N.J.S.A. 40:55D-I et seq.:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-1, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety;

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plan or site plan, as the case may be;

That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design and improvement standards have been revised by ordinance, such revised standards may govern;

In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in paragraphs b1, b2 and b3 of this subsection for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and no residential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions, and (4) the comprehensiveness of the development; provided that if the design and improvement standards have been revised, such revised standards may govern;

Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Municipal Engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within 35 days. In the event of a denial, the specific reasons must be enumerated in letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved, the developer may install the improvements prior to final approval. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Section 20-10 of this chapter.

Whenever the Planning Board grants an extension of preliminary approval pursuant to paragraphs b3 or b4 of this subsection, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date;

The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued those approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval, or (2) the ninety-first day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to paragraphs b3 and b4 of this subsection.

Final Approval of Major Subdivisions and Major Site Plans.

An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer or other designee, 15 copies of the materials specified in Section 30-12 of this chapter. Notwithstanding the aforesaid, the applicant is to submit 21 subdivision plans and/or site plans, five of which shall be full size as required in Section 30-12 of this chapter and 16 of which are to be 11 inches by 17 inches. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Municipal Agency. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in an exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Section 30-10 of this chapter.

The application for final subdivision or site plan approval shall be declared complete within a forty-five-day period from the date of its submission according to the provisions of subsection 30-4.3 of this chapter.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer, or other designee, or within such further time as may be consented to by the applicant. Failure of the Municipal Agency to act within the period prescribed shall constitute final approval and a certificate of the Administrative Officer as to the failure of the Municipal Agency to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purpose of filing subdivision plats.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chairman and Secretary of the Municipal Agency unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Municipal Agency may for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five day or the 190-day period if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original date.

No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Municipal Agency as indicated on the instrument by the signature of the Chairman and Secretary of the Municipal Agency that a certificate has been issued. The signatures of the Chairman and Secretary of the Municipal Agency shall not be affixed until the developer has posted the guarantees required pursuant to Section 30-10 of this chapter.

Effect of Final Approval of Major Subdivisions and Major Site Plans and Minor Site plans.

The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval whether conditionally or otherwise shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and in the case of a subdivision has duly recorded the plat, the Municipal Agency may extend such period of protection for extensions of one year, but not to exceed three extensions.

In the case of a subdivision or site plan for a Planned Development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Municipal Agency may grant the rights referred to in paragraph d1 of this subsection for such period of time, longer than two years, as shall be determined by the Municipal Agency to be reasonable, taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) the comprehensiveness of the development. The developer may apply for and the Municipal Agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Municipal Agency to be reasonable, taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units (3) economic conditions, and (4) the comprehensiveness of the development.

Whenever the Planning Board grants an extension of final approval pursuant to paragraphs d1 or d2 of this subsection, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued those approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval, or (2) the ninety-first day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to paragraphs d, or d2 of this subsection.

In the case of a minor site plan, the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued those approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval, or (2) the ninety-first day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later.

§ 30-4.7 Planning Board Review in Lieu of Board of Adjustment.

[2002 Code § 16.16.070]

Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provisions shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.

The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals of the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.

Whenever review or approval of the application by the Council Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27- 6.6, in the case of a site plan, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

§ 30-4.8 Requirements for Claiming Approval Due to a Failure to Act.

[2002 Code § 16.16.080]

An application may claim approval of his application for development by reason of the failure of the approving authority to act within the time period prescribed by complying with the following provisions:

The applicant shall provide notice of the default approval to the Municipal Agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.

The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.

The applicant shall file an affidavit of proof of service and publication with the Administrative Officer.

Upon satisfaction of these requirements by the applicant, the Administrative Officer shall, if he or she agrees with the facts as set forth by the applicant in the notice of default approval, issue a certificate of default approval and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the Municipal Agency, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by paragraph c of this subsection. Unless appealed pursuant to subsection 30-3.2k1(a) of this chapter, the decision of the Administrative Officer shall be conclusive.

§ 30-4.9 Appeals to the Governing Body.

[2002 Code § 16.16.090]

Any interested party may appeal to the Governing Body any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made in accordance with N.J.S.A. 40:55D-17 within 10 days of the date of such final decision pursuant to N.J.S.A. 40:55D-10i.

§ 30-5 ZONING DISTRICT REGULATIONS.

§ 30-5.1 Zoning Map and Schedules.

[2002 Code § 16.20.010; Ord. No. 2009-18 § II; Ord. No. 2017-09]

Establishment, Authentication, Maintenance and Revision.

Zoning Map. The locations and boundaries of the districts of the Borough are established as shown on the Zoning Map of the Borough which is attached to this chapter and is made a part of this section, together with all notations, references and designations shown thereon.[1]

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

Schedules. The Schedule of Permitted Uses (Table A, Table B, Table AH and Table AHO) and the Schedule of Area, Yard and Building Requirements (Table C) for zone districts within the Borough are established and are made a part of this section, together with all notations, references and designations shown thereon.[2] Requirements related to off-street parking, off-street loading, are set forth in subsection 30-9.2a and b of this chapter. Requirements related to signs are set forth in subsection 30-9.24 of this chapter.

[Ord. No. 2017-09; amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]

[2]

Editor's note: Table A: Schedule of Permitted Uses — Residential Districts, Table B: Schedule of Permitted Uses — Nonresidential Districts, Table AH: Schedule of Permitted Uses — Affordable Housing Districts, and Table C: Schedule of Area, Yard and Building Requirements are included as attachments to this chapter.

Date of Official Zoning Map. Subsequent to the adoption of this chapter, the zoning map shall be annotated with the date of adoption.

Maintenance of the Official Zoning Map. A copy of the official zoning map shall be maintained in the office of the Borough Clerk and shall be made available for public reference. Copies of all or a part of the official zoning map may be reproduced for public distribution. The zone map shall be forwarded to the Monmouth County Planning Board in accordance with N.J.S.A. 40:55D-16. However, the official zoning map maintained by the Borough Clerk shall be the final authority as to the current status of zoning districts in the Borough.

Revisions to the Official Zoning Map.

(a)

When, in accordance with the provisions of this chapter and of State law, revisions are made in district boundaries or other matters portrayed in the zoning map, such changes will be made to the zoning map with an entry bearing the date of adoption, ordinance number, and a brief description of the change(s).

(b)

No changes of any nature shall be made to the official zoning map except in conformity with the above procedure. Any unauthorized changes to the map or its contents by any person or persons shall be considered a violation of this section.

Interpretation of District Boundaries.

Zone district boundaries are intended to follow street, lot or property lines, or other natural lines such as the center line of water course, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the zoning map or by description, and shall include contiguous lands acquired by the accretion or stream diversion by natural causes.

In construction the official zoning map, the following rules shall apply:

(a)

Boundaries indicated as following the center lines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such center lines.

(b)

Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

(c)

Boundaries indicated as parallel to or extensions of features indicated above, shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the use of the scale appearing thereon.

(d)

Where a zone boundary fixed by dimensions approximately follows and is not more than 20 feet distant from a lot line, such lot line shall be construed to be the zone boundary.

(e)

Boundaries of the flood hazard zone overlay district are to be interpreted in accordance with the reference cited by the applicable overlay regulations.[3]

[3]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 30-5.2 Description of Districts.

[2002 Code § 16.20.020; Ord. No. B-417 § 512; Ord. No. 483]

The Borough is organized into zone districts as follows:

Residential Zones
R-5	Single-family
R-7.5	Single-family
R-10	Single-family
R-10A	Single-family
R-10B	Single-family
R-15	Single-family
R-20	Single-family
R-30	Single-family
R-40	Single-family
Business Zones
B-1	Business
B-2	Business
Public Zones
PB	Public Use
Zone Overlay Areas
Flood hazard area
AHO-1	River Road Mixed-Use Affordable Housing Overlay [Added 9-28-2020 by Ord. No. 2020-08]
AHO-2	Downtown Mixed-Use Affordable Housing Overlay [Added 9-28-2020 by Ord. No. 2020-08]
AHO-3	Block 27, Lots 56, 57 and 58 Affordable Housing Overlay [Added 9-28-2020 by Ord. No. 2020-08]
AHO-4	Block 28, Lots 18, 19, 23.1, 25, and 26 Affordable Housing Overlay [Added 9-28-2020 by Ord. No. 2020-08]
AHO-5	Methodist Church Affordable Housing Overlay [Added 9-28-2020 by Ord. No. 2020-08]
Affordable Housing Zone [Added 10-13-2020 by Ord. No. 2020-04]
AH	Affordable Housing Zone

The regulations set forth in this section for each district shall be minimum regulations and shall apply uniformly to each class of structure or land within the district.

No building or structure shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building or structure to be used, designed, or arranged to be used for any purpose unless in conformity with the Schedule of Permitted Uses and the Schedule of Area, Yard and Building Requirements and with all of the regulations herein specified for the district in which it is located.

Every principal building shall be located on a lot as defined in this section. Except for nonresidential development, not more than one principal building and its accessory buildings shall hereafter be erected on any one lot.

Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter as set forth in this section and in the Schedule of Area, Yard, and Building Requirements.

In any zone, all yard requirements, open space, off-street parking and landscaping must be contained within that zone.

In each zone district, each use shall provide off-street parking as specified in subsection 30-9.2, Off-Street Parking.

In each zone district, each use shall provide off-street loading and unloading as specified in subsection 30-9.2c., Off-Street Loading.

In each zone district, sign size, type and number shall be limited by subsection 30-7.24, Signs.

Standards for conditional uses are set forth in Section 30-6 of this chapter.

Additional direction regarding the administration and application of development requirements and restrictions within the Borough's zone districts is provided in Section 30-7, General Zoning Provisions.

Notwithstanding any provision of the ordinances of the Borough of Fair Haven to the contrary, a building occupied as a residential dwelling may continue to be so occupied during the construction of a second dwelling on the same lot for a period of more than one year from the commencement of construction of the new dwelling or until 30 days after the issuance of a certificate of occupancy for the newly constructed dwelling, whichever shall first occur, provided that the newly constructed dwelling will conform in all respects with the ordinances of the Borough of Fair Haven, or all appropriate variances have been obtained, and that the owner posts with the Borough Clerk a surety bond in a form and amount satisfactory to the Borough Attorney, which shall guarantee that the owner shall vacate and shall satisfactorily demolish the dwelling within 30 days of the issuance of certificate of occupancy for the newly-constructed dwelling.

§ 30-5.3 Permitted and Prohibited Uses.

[2002 Code § 16.20.030; Ord. No. 2009-13 § II; Ord. No. 2018-07]

Permitted principal uses, accessory uses, and conditional uses within each zone district are set forth in the schedules of permitted uses. The letter "P" means that the use is a permitted principal use in the zone. The letter "C" means the use is a permitted conditional use. The letter "A" means permitted accessory use in the zone. Any use, except for essential services, which is not specifically listed as a permitted use, an accessory use or a conditional use on the schedule of uses shall be deemed a prohibited use.

For a portion of Block 45, Lots 10 and 12 in the R-5 Zone, the only permitted use is a 100% affordable housing development consistent with the following parameters:

[Added 9-28-2020 by Ord. No. 2020-07]

(a)

One two-family dwelling consisting of affordable residential units with a minimum lot area of 5,000 square feet. A "two-family dwelling" is defined as a building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other either by vertical walls to the underside of the roof or by horizontal floors.

(b)

All bulk, design, and other applicable standards in the R-5 Zone shall apply.

(c)

One unit shall be an affordable for-sale family unit and one unit shall be a very-low-income rental unit as that term is defined in the Fair Housing Act.[1]

[1]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(d)

Affordable housing units shall be subject to the standards in the Borough's Affordable Housing Ordinance.[2]

[2]

Editor's Note: See § 30-15.2, Affordable Housing.

Prohibited uses shall include but not be limited to the following:

All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this section.

Camping sites, trailer camps, trailer courts or trailer coaches used as dwellings, offices or storage facilities or commercial activities related to the outdoor storage or display of trailer coaches, except that during development construction trailers may be permitted specifically limited as to the extent of time such use and requiring the payment of an annual fee to the municipality for the granting of such license for such use.

Auction markets.

Junk yards, automobile wrecking yards or disassembly yards, or the sorting or baling of scrap metal, paper, rags, or other scrap or waste material, except for recycling operations operated by or with the approval of the Borough.

Privately operated dumps for the disposal of garbage, trash, refuse, junk, or other such material.

Adult book stores.

Peep shows.

Massage parlors as defined in Section 30-2 of this chapter.

Amusement arcade.

10.

Explosive storage, except small arms ammunition, or by special permit, where explosives are to be used on the premises.

11.

Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, or dead animals.

12.

Slaughtering and slaughterhouses for fowl or animals.

13.

Any use of any building or premises in such a manner that the health, morals, safety or general welfare of the community may be endangered.

14.

Keeping or raising of pigs, sheep, horses, donkeys, mules, cattle, goats, chickens, and other such livestock, unless a waiver is obtained in accordance with the provisions of subsection 5-18.4 of these Revised General Ordinances.

15.

Asphalt plants, concrete plants, asphalt batching plants, concrete batching plants, asphalt mixing plants, concrete mixing plants, asphalt manufacturing plants, concrete manufacturing plants.

16.

Auto, horse or dog racetracks.

17.

Keeping or raising of mink, fox or similar fur bearing animals.

18.

Open air drive-in motion picture theaters.

19.

Seasonal resort cottages.

20.

Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, vibration, smoke, glare or waste products.

21.

The use of boats or vehicles as residential dwellings.

22.

Restaurants, category three, as defined in Section 30-2 of this chapter.

23.

Heliports, helistops or aviation field.

24.

Businesses selling recreational marijuana, its derivatives, accessories and/or the paraphernalia that facilitates the use of such.

[Ord. No. 2018-07]

§ 30-5.4 Overlay Districts.

[2002 Code § 16.20.040]

The public health, safety, and general welfare requires that development in specified areas must be subject to the control of additional uniform regulations and requirements. These specified areas may overlay a portion or all of one or more underlying zone districts. Within an overlay area, the requirements of the overlay zone shall govern.

Flood Hazard Overlay District.

The flood hazard areas of the Borough are subject to periodic inundation which threatens life and property, disrupts commerce, and requires public expenditures for flood protection and relief.

Any and all lands or portions of land within the Borough which are classified as a floodway, flood fringe, or 100-year floodplain by the New Jersey Department of Environmental Protection and Energy, and/or by the Federal Emergency Management Administration, are designated as the flood hazard area overlay district.

The overlay district shall operate in conjunction with the underlying zone district such that the overlay provisions, where more restrictive or imposing a higher standard, shall govern.

Design Requirements. All development in the flood hazard overlay district shall comply with Chapter 22, Flood Prevention and Protection of this Code.

§ 30-5.5 AH Affordable Housing Zone.

[Added 10-13-2020 by Ord. No. 2020-04]

Purpose: The purpose of the AH Affordable Housing Zone, which applies to Lot 1 in Block 31, is to provide affordable housing in the form of a mixed-use inclusionary development consisting of a total 14 family rental units, of which two will be deed restricted as affordable units in accordance with U.H.A.C rules and regulations. The building shall be a total of three stories. The ground floor is required to contain commercial uses. The second and third stories shall consist of the residential units. The third story is required to be set back a minimum of 10 feet from the first and second story building facades along the road frontages of River Road and Cedar Avenue. The site plan shall be substantially consistent with the concept plan attached as an exhibit within the executed settlement agreement between the Borough of Fair Haven and M&M Realty Partners and attached to this ordinance.[1] The intent of this Zone is to be developed as a single entity. The standards within the Land Development Ordinance remain in effect. Where there is a conflict between this section and another section of the Land Development Ordinance, this section shall supersede those standards.

Principal Permitted Uses.

See Table AH in Subsection 30-5.1.

Permitted Accessory Uses.

See Table AH in Subsection 30-5.1.

Total Number of Residential Units Permitted.

Fourteen total dwelling units.

Affordable Housing.

Development of the site shall provide for two rental family affordable units on site.

One of the affordable units shall be a two-bedroom low-income unit and the other affordable unit shall be a two-bedroom moderate-income unit, as specified in the executed settlement agreement. The third and final unit shall be, within the discretion of the Borough, a two- or three-bedroom very-low-income unit as defined herein. However, the Borough may permit, within its sole discretion, the ability to allow for a payment in lieu ("PIL") for the third unit in an amount of no less than $175,000.

Each affordable restricted unit shall remain restricted for a minimum of 30 years and that restriction may be unilaterally extended by the Borough, at its sole discretion, thereafter.

Very-low-, low- and moderate-income housing shall be constructed in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq.[2] and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. including standards for the split between very-low-; low-and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income and 37% of the affordable units are low-income units with the (up to) 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing of units; affirmative marketing and thirty-year minimum affordability controls.

[2]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

Parking Standards. Section 30-9.2b, Off-Street Parking, shall apply. Where a conflict occurs between this section and § 30-9.2b, this section shall supersede those standards.

Each residential unit shall provide a minimum of two parking spaces per unit.

(a)

Tandem parking is permitted to satisfy residential parking requirements, in accordance with the following:

(1)

No more than two vehicles shall be placed one behind the other.

(2)

Both spaces shall be assigned to a single unit.

Commercial parking shall be provided utilizing one space/250 square feet of gross floor area, regardless of commercial use. Outdoor dining associated with a restaurant shall not generate additional parking requirements.

Parking areas and drive aisles shall be set back a minimum of five feet from all lot lines.

All surface parking lots that abut the public sidewalk or street shall be separated from the sidewalk or street by a landscaped buffer with a minimum width of five feet. Buffers shall include shrubbery, plantings, and/or a row of trees.

Circulation Standards. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and §§ 30-8 and 30-9, this section shall supersede those standards.

As shown and agreed to in the concept plan attached hereto, one one-way entrance driveway shall be permitted from River Road.

One two-way entrance/exit driveway shall be permitted from Cedar Avenue.

Parking may be permitted within the front yard along Cedar Avenue, provided it is set back a minimum of seven feet from the front lot line along Cedar Avenue. In no event shall parking be located between the building and River Road.

The applicant shall provide intersection improvements at the intersection of River Road and Cedar Avenue as recommended in the Borough's Active Transportation Plan, which was adopted by the Borough Planning Board in 2017.

Bicycle parking for public use and residents shall be provided.

All loading shall only be permitted on site.

Signs. Section 30-7.24, Signs, shall apply. Where a conflict occurs between this section and § 30-7.24, this section shall supersede those standards.

Permitted signs in the AH Affordable Housing Zone.

(a)

Wall signs.

(1)

Each commercial store front shall be permitted one wall sign above the entrance to the storefront in the sign band.

(2)

In no event shall a single wall sign exceed 5% of the first floor commercial facade.

(3)

Wall signs shall be externally lit. In no event shall a wall sign be internally lit.

(4)

The maximum lettering height shall be 10 inches.

(b)

Projecting signs.

(1)

Each storefront shall be permitted one projecting sign.

(2)

In no event shall a projecting sign exceed six square feet.

(3)

The projecting sign shall not project more than three feet from the building face.

(4)

The bottom of the projecting sign shall have a minimum height of eight feet when measured from the ground.

(5)

Projecting signs shall be illuminated externally. In no event shall a projecting sign be illuminated internally.

(6)

The maximum lettering height shall be 10 inches.

No freestanding signs are permitted.

No window signs are permitted.

Awnings.

(a)

Awnings shall have a metal structure covered with canvas, metal or like product.

(b)

Awnings may have a front skirt; the bottom of the skirt shall not be scalloped.

(c)

Awnings/canopies shall extend a maximum of three feet from the exterior wall into the front yard setback at a height of at least eight feet above sidewalk grade.

(d)

In no event shall a sign be permitted on an awning.

(e)

The first-floor corner commercial space may have an awning.

(f)

The commercial storefronts fronting along River Road may have awnings if all the storefronts along River Road have awnings.

Lighting.

Section 30-7.22c14, Lighting and Illumination, shall apply.

Design Standards.

Architectural. The attached River Road and Cedar Avenue M&M illustrative concept plan, elevations, and cross-section shall be used as guidelines.[3]

(a)

Both the River Road and Cedar Avenue building facades shall be designed and treated as front facades.

(b)

A corner commercial entrance shall be provided. The corner entrance shall be visually prominent.

(c)

The building shall be composed of durable materials such as brick, stone or cement board. In no event shall EFIS be permitted.

(d)

There shall be no continuous front facade along River Road. The facade shall be vertically broken up into a minimum of three bays. Each bay shall complement one another and be aesthetically pleasing.

(e)

Pedestrian entryways and/or lobbies shall be prominent, well-lit and separate from service entrances.

(f)

A minimum of 60% of the ground floor front facades shall be glazed.

(g)

A minimum of 20% of the upper-story front facades shall be glazed.

(h)

Glazing shall be a minimum of 70% transparent.

(i)

The maximum sill height above sidewalk grade shall be 30 inches.

(j)

A horizontal architectural feature shall define the ground floor from the upper floors.

(k)

Each individual use on the ground floor is required to have its own primary entrance.

(l)

The exterior walls of the building shall not have large blank or featureless expanses.

(m)

Openings for windows and windowpanes shall have a vertical dimension greater than or equal to the horizontal dimension.

(n)

Enclosure of rooftop areas, terraces, or balconies is not permitted.

(o)

Balconies shall not be permitted to be used as outdoor space for residential tenants.

(p)

No sliding glass doors or Juliet balconies are permitted.

[3]

Editor's Note: Said documents are on file in the Borough offices.

Utilities. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and §§ 30-8 and 30-9, this section shall supersede those standards.

(a)

Public utilities, transformers and primary and backup generators shall be located interior to the building, on the roof or vaulted underground within the pavement area of an adjacent street or sidewalk.

(b)

Individual window air-conditioning units shall not be permitted.

(c)

Rooftop mechanical equipment shall be screened from public view.

(d)

Meters and access panels shall be integrated with street and building design.

(e)

Manholes, meters and access panels shall be constructed of materials and styles consistent with established design theme.

(f)

The developer shall coordinate all utility improvements with the responsible utility.

(g)

Backup generators for common areas are encouraged.

(h)

Any rooftop mechanicals shall be effectively screened by a sloped roof facing the public rights-of-way as shown on the attached cross-section.

Landscaping and Buffering. Sections 30-8 and 30-9 apply. Where a conflict occurs between this section and §§ 30-8 or 30-9, this section shall supersede those specific requirements.

(a)

A minimum buffer area of at least five feet shall be provided around the side and rear lot lines. The buffer area shall consist of a combination of deciduous and evergreen shrubs and trees. Plantings are encouraged to consist of native species.

(b)

If the topography of the site requires retaining walls, retaining walls shall be landscaped and be aesthetically pleasing. In no event shall a retaining wall be more than three feet tall.

Lighting. Sections 30-9.2a12, Lighting, and 30-9.3c4, Lighting, shall apply. Where a conflict occurs between this section and §§ 30-9.2a12, and 30-9.3c4, this section shall supersede those standards.

(a)

The maximum height of light poles shall be 15 feet.

(b)

Full cutoff of fully shielded light fixtures are encouraged.

(c)

Floodlights shall not be directed toward the street or adjacent properties.

(d)

Only dimmable LED lighting elements shall be permitted.

(e)

Neon lighting is prohibited on commercial storefronts.

(f)

Flashing lights are prohibited.

(g)

Lighting shall be aesthetically unified and complimentary to the design of the building and site.

(h)

On-site lighting shall not exceed 3000 Kelvin.

Signs.

(a)

Signs and awnings shall have a coordinated graphic design theme through the site plan. The design theme shall include the style and size of lettering, construction materials, colors, size, lighting, color of letters, and background. These design theme elements shall be carefully considered in relation to the color and materials of the building, building design, and where the signs are proposed to be located.

(b)

Buildings shall be designed to include a signage zone above the commercial use frontage and integrated into the overall architectural design of the building.

Stormwater Management.

(a)

Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and §§ 30-8 and 30-9, this section shall supersede those standards.

(b)

The proposed improvement shall include design elements to reduce post-development runoff.

(c)

The project shall incorporate green infrastructure for stormwater management.

(d)

The utilization of roof runoff recharge, rain gardens or other features, bioswales, pervious pavement, green infrastructure or alternate BMPs is strongly encouraged where feasible.

Additional Design Standards.

(a)

Public outdoor seating/patios shall be subject to site plan approval.

(b)

To the extent feasible, the developer shall consider potential future interconnections to adjacent sites.

(c)

Pedestrian pathways/sidewalks that are included within a parking lot shall be made of a different surface material than the parking areas and are encouraged to include landscaping around the edges of the walkway.

[1]

Editor's Note: Said agreement is on file in the Borough offices.

§ 30-5.6 Affordable Housing Overlay Zones AHO-1, AHO-2, AHO-3, and AHO-4.

[Added 9-28-2020 by Ord. No. 2020-08]

Purpose: Four affordable housing overlay zones will provide an opportunity for inclusionary residential development along and around the River Road corridor in the Borough. The purpose of the River Road Mixed Use Affordable Housing Overlay (AHO-1) is to provide an opportunity for inclusionary residential development as part of a mixed-use project, up to three stories in height, with frontage on River Road in the Borough's downtown commercial district. The purpose of the Downtown Mixed-Use Affordable Housing Overlay (AHO-2) is to provide an opportunity for inclusionary residential development as part of a mixed-use project, up to three stories in height, on properties surrounding the Borough's Downtown commercial district that do not have frontage on River Road. Alternatively, properties may be developed with inclusionary multifamily residential projects up to two stories in height, which is appropriate for sites with frontage on Navesink Avenue, Cedar Avenue, Locust Avenue, and Forman Street. The purpose of the Block 27, Lots 56, 57, and 58 Affordable Housing Overlay (AHO-3) is to provide an opportunity for inclusionary residential development as part of a mixed-use project, up to three stories in height, on properties along River Road in the Borough's secondary business district. The purpose of the Block 28, Lots 18, 19, 23.1, 25, and 26 Affordable Housing Overlay (AHO-4) is to provide an opportunity for inclusionary residential development as part of a mixed-use project, up to three stories in height, on properties in the Borough's secondary commercial district around the existing municipal building. The underlying zoning for each of the Overlay Zones remains in place. At the time of site plan application, a developer may opt to utilize the base zoning or the standards in this Overlay but may not combine or "mix and match" standards.

Principal Permitted Uses.

See Table AHO in Subsection 30-5.1.

Permitted Accessory Uses.

See Table AHO in Subsection 30-5.1.

Required Bulk Standards.

See Subsection 30-5.1a.2 Table C: Schedule of Area, Yard, and Building Requirements.

Residential Density.

AHO-1 Overlay Zone - 20 dwelling units per acre.

AHO-2 Overlay Zone - 20 dwelling units per acre.

AHO-3 Overlay Zone - 15 dwelling units per acre.

AHO-4 Overlay Zone - 20 dwelling units per acre.

Additional Standards.

In the event the Borough develops a new municipal building at an alternate site, the municipal building site consisting of Block 28, Lots 23.1, 25, and 26 in the AHO-4 Overlay Zone shall be sold within 18 months of completion of a new municipal building.

Mixed-use and residential buildings shall have a maximum length of 150 feet along the frontage.

Mixed-Use Standards.

For mixed-use developments, a portion of the first floor may be used for access to the residential portion of the building.

For mixed-use developments, lots with sufficient depth to accommodate a nonresidential use fronting on River Road and first floor apartment(s) behind the nonresidential use, such apartments will be allowed (the "Rear Apartments"), but in no event shall the rear apartments exceed two stories even if the mixed-use component of a single building is three total stories.

Affordable Housing.

Any development under the Overlay option shall set aside 20% of housing units for low- and moderate-income households.

Each affordable restricted unit shall remain restricted for a minimum of 30 years and that restriction may be unilaterally extended by the Borough at its sole discretion, thereafter.

Very-low-, low- and moderate-income housing shall be constructed in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq.[1] and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. including standards for the split between very-low-, low- and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income and 37% of the affordable units are low-income units with the (up to) 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing of units; affirmative marketing and thirty-year minimum affordability controls.

[1]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

Affordable housing units shall be subject to the standards in the Borough's Affordable Housing Ordinance.[2]

[2]

Editor's Note: See § 30-15.2, Affordable Housing.

Parking Standards.

Mixed-Use Development Parking Standards.

(a)

Section 30-9.2b, Off-Street Parking, shall apply for nonresidential development. Where a conflict occurs between this section and § 30-9.2b, this section shall supersede those standards.

(b)

Each residential unit shall provide a minimum of two parking spaces per unit.

(c)

Tandem parking is permitted to satisfy residential parking requirements, in accordance with the following:

(1)

No more than two vehicles shall be placed one behind the other.

(2)

Both spaces shall be assigned to a single unit.

Multifamily Residential, not in mixed-use development in the AHO-2 Overlay Zone, Parking Standards.

(a)

The number of parking spaces required shall be governed by the Residential Site Improvement Standard (RSIS) "Garden Apartment" requirement.

Parking areas and drive aisles shall be set back a minimum of five feet from all lot lines.

No parking shall be permitted in the front yard.

Circulation Standards. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9 Improvement Standards, Specific Criteria and Construction Specifications, shall apply.

Signs. Section 30-7.24, Signs, shall apply. Where a conflict occurs between this section and § 30-7.24, this section shall supersede those standards.

Permitted signs for mixed-use development in the AHO-1, AHO-2, AHO-3, and AHO-4 Overlay Zones.

(a)

Wall signs.

(1)

Each commercial store front shall be permitted one wall sign above the entrance to the storefront in the sign band.

(2)

In no event shall a single wall sign exceed 5% of the first floor commercial facade.

(3)

Wall signs shall be externally lit. In no event shall a wall sign be internally lit.

(4)

The maximum lettering height shall be 10 inches.

(b)

Projecting Signs.

(1)

Each storefront shall be permitted one projecting sign.

(2)

In no event shall a projecting sign exceed six square feet.

(3)

The projecting sign shall not project more than three feet from the building face.

(4)

The bottom of the projecting sign shall have a minimum height of eight feet when measured from the ground.

(5)

Projecting signs shall be illuminated externally. In no event shall a projecting sign be illuminated internally.

(6)

The maximum lettering height shall be 10 inches.

No freestanding signs are permitted, except as permitted for strictly residential uses in § 30-7.24.

No window signs are permitted.

Awnings are permitted for mixed-use development in the AHO-1, AHO-2, AHO-3, and AHO-4 Overlay Zones subject to the following:

(a)

Awnings shall have a metal structure covered with canvas, metal or like product.

(b)

Awnings may have a front skirt; the bottom of the skirt shall not be scalloped.

(c)

Awnings/canopies shall extend a maximum of three feet from the exterior wall into the front yard setback at a height of at least eight feet above sidewalk grade.

(d)

In no event shall a sign be permitted on an awning.

(e)

The first-floor corner commercial space may have an awning.

(f)

The commercial storefronts fronting along River Road may have awnings if all the storefronts along River Road have awnings.

Lighting.

Section 30-7.22c14, Lighting and Illumination, shall apply.

Design Standards.

Architectural Standards Applicable to All Development.

(a)

Pedestrian entryways and/or lobbies shall be prominent, well-lit and separate from service entrances.

(b)

A minimum of 20% of the upper-story front facades shall be glazed.

(c)

A horizontal architectural feature shall define the ground floor from the upper floors.

(d)

The exterior walls of the building shall not have large blank or featureless expanses.

(e)

Openings for windows and windowpanes shall have a vertical dimension greater than or equal to the horizontal dimension.

(f)

Enclosure of rooftop areas, terraces, or balconies is not permitted.

(g)

Balconies shall not be permitted to be used as outdoor space for residential tenants.

(h)

No sliding glass doors or Juliet balconies are permitted.

(i)

The building shall be composed of durable materials such as brick, stone, and cement board. In no event shall EIFS be permitted.

(j)

There shall be no continuous front facade along River Road, the facade shall be vertically broken up into bays. Each bay shall complement the others and be aesthetically pleasing.

Architectural and Site Standards Applicable to Mixed-Use Development Only.

(a)

A minimum of 60% of the ground floor front facades shall be glazed.

(b)

Glazing shall be a minimum of 70% transparent.

(c)

The maximum sill height above sidewalk grade shall be 30 inches.

(d)

Each individual use on the ground floor is required to have its own primary entrance.

(e)

In the AHO-1 and AHO-4 Overlay Zones, when a front yard setback greater than 15 feet is provided, to the extent feasible, the setback shall be used to provide anamenity and/or outdoor dining/seating.

(a)

(b)

Individual window air-conditioning units shall not be permitted.

(c)

Rooftop mechanical equipment shall be screened from public view.

(d)

Meters and access panels shall be integrated with street and building design.

(e)

Manholes, meters and access panels shall be constructed of materials and styles consistent with established design theme.

(f)

The developer shall coordinate all utility improvements with the responsible utility.

(g)

Backup generators for common areas are encouraged.

(h)

Any rooftop mechanicals shall be effectively screened by a sloped roof facing the public rights-of-way as shown on the attached cross-section.

Landscaping and Buffering. Sections 30-8 and 30-9 apply. Where a conflict occurs between this section and § 30-8 or 30-9, this section shall supersede those specific requirements.

(a)

(b)

If the topography of the site requires retaining walls, retaining walls shall be landscaped and be aesthetically pleasing. In no event shall a retaining wall be more than three feet tall.

(a)

The maximum height of light poles shall be 15 feet.

(b)

Full cutoff or fully shielded light fixtures are encouraged.

(c)

Floodlights shall not be directed toward the street or adjacent properties.

(d)

Only dimmable LED lighting elements shall be permitted.

(e)

Neon lighting is prohibited on commercial storefronts.

(f)

Flashing lights are prohibited.

(g)

Lighting shall be aesthetically unified and complimentary to the design of the building and site.

(h)

On-site lighting shall not exceed 3000 Kelvin.

Signs.

(a)

(b)

Buildings shall be designed to include a signage zone above the commercial use frontage and integrated into the overall architectural design of the building.

Stormwater Management.

(a)

(b)

The proposed improvement shall include design elements to reduce post development runoff.

(c)

The utilization of roof runoff recharge, rain gardens or other features, bioswales, pervious pavement, green infrastructure or alternate BMPs is strongly encouraged where feasible.

Additional Design Standards.

(a)

Public outdoor seating/patios shall be subject to site plan approval.

(b)

§ 30-5.7 Methodist Church Affordable Housing Overlay (AHO-5).

[Added 9-28-2020 by Ord. No. 2020-08]

Purpose: The purpose of the Methodist Church Affordable Housing Overlay (AHO-5) is to provide an opportunity for inclusionary age-restricted residential development. If an age-restricted development does not move forward by December 31, 2022, the option to develop family inclusionary housing at a reduced density will be available. The underlying zoning for the property remains in place. At the time of site plan application, a developer may opt to utilize the base zoning or the standards in this Overlay but may not combine or "mix and match" standards.

Principal Permitted Uses.

See Table AHO in Subsection 30-5.1.

Permitted Accessory Uses.

See Table AHO in Subsection 30-5.1.

Required Bulk Standards.

See Subsection 30-5.1a.2 Table C: Schedule of Area, Yard, and Building Requirements.

The minimum required setback shall be 25 feet to property boundaries abutting municipally owned open space and 40 feet to all other property boundaries.

The minimum distance between buildings shall be equal to one-half their combined height.

Residential Density.

Ten dwelling units per net acre for inclusionary age-restricted housing.

Eight dwelling units per net acre for inclusionary family housing after December 31, 2022, if there has been no contract for sale to transfer ownership of the property and/or a letter of intent for both acquisition and construction of an age-restricted inclusionary development.

Affordable Housing.

Any development under the Overlay option shall set aside 20% of housing units for low- and moderate-income households.

Each affordable restricted unit shall remain restricted for a minimum of 30 years and that restriction may be unilaterally extended by the Borough at its sole discretion, thereafter.

[1]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

Affordable housing units shall be subject to the standards in the Borough's Affordable Housing Ordinance.[2]

[2]

Editor's Note: See § 30-15.2, Affordable Housing.

Parking Standards.

Residential Parking Standards.

(a)

The number of parking spaces required shall be governed by the Residential Site Improvement Standards (RSIS).

Parking areas and drive aisles shall be set back a minimum of 25 feet from all lot lines.

Circulation Standards. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply.

Signs. Section 30-7.24, Signs shall apply. Where a conflict occurs between this section and § 30-7.24, this section shall supersede those standards.

Permitted signs in the AHO-5 Methodist Church Affordable Housing Overlay Zone.

(a)

Freestanding Signs.

(1)

No more than one freestanding sign shall be permitted.

(2)

A freestanding sign shall not exceed 24 square feet in area.

(3)

A freestanding sign shall not exceed seven feet in height inclusive of sign message face and structure.

(4)

A freestanding sign shall be of a monument type with no open space between the bottom of the sign face and the ground.

(5)

A freestanding sign shall be set back a minimum of 15 feet from any property line.

(6)

A freestanding sign shall not be internally illuminated. Illumination may be provided by exterior up- or down-lighting directed at the sign face that does not create visible glare.

Lighting.

Section 30-7.22c14, Lighting and Illumination, shall apply.

Buffering and Screening. Section 30-8.4.e shall apply. Where a conflict occurs between this section and § 30.8.4.e, this section shall supersede those specific requirements.

A four-season landscape buffer area shall be provided around the perimeter of the development.

(a)

Where the property abuts municipally owned open space, a minimum buffer depth of 10 feet shall be required.

(b)

Where the property abuts any other lot, a minimum buffer depth of 25 feet shall be required.

The landscape buffer shall be designed to screen the property from the street and neighboring uses. To that end, it shall include a mix of evergreen trees and shrubs, deciduous and ornamental trees and shrubs, appropriate ground cover, grasses, and other low plantings for the purpose of combining year round screening at ground and eye level with future mature tree canopy extending a minimum of 30 feet in height in an attractive and functional mix.

Evergreen trees shall be a minimum of eight feet in height at planting.

Deciduous trees shall have a minimum caliper of three inches at planting.

Plantings are encouraged to consist of native species.

Invasive species and species susceptible to blight and disease shall not be planted.

Design Standards.

Architecture and Site Design. Standards relevant to residential architecture and site design in §§ 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply.

(a)

(b)

Individual window air-conditioning units shall not be permitted.

(c)

Rooftop mechanical equipment shall be screened from public view.

(d)

Meters and access panels shall be integrated with street and building design.

(e)

Manholes, meters and access panels shall be constructed of materials and styles consistent with established design theme.

(f)

The developer shall coordinate all utility improvements with the responsible utility.

(g)

Backup generators for common areas are encouraged.

(h)

Any rooftop mechanicals shall be effectively screened by a sloped roof facing the public rights-of-way as shown on the attached cross-section.

Landscaping. Sections 30-8 and 30-9 apply. Where a conflict occurs between this section and §§ 30-8 or 30-9, this section shall supersede those specific requirements.

(a)

If the topography of the site requires retaining walls, retaining walls shall be landscaped and be aesthetically pleasing. In no event shall a retaining wall be more than three feet tall.

(a)

The maximum height of light poles shall be 15 feet.

(b)

Full cutoff or fully shielded light fixtures are encouraged.

(c)

Floodlights shall not be directed toward the street or adjacent properties.

(d)

Only dimmable LED lighting elements shall be permitted.

(e)

Flashing lights are prohibited.

(f)

Lighting shall be aesthetically unified and complimentary to the design of the building and site.

(g)

On-site lighting shall not exceed 3000 Kelvin.

Stormwater Management.

(a)

(b)

The proposed improvement shall include design elements to reduce post development runoff.

(c)

The utilization of roof runoff recharge, rain gardens or other features, bioswales, pervious pavement, green infrastructure or alternate BMPs is strongly encouraged where feasible.

§ 30-6 CONDITIONAL USES.

§ 30-6.1 Purpose.

[2002 Code § 16.24.010]

Certain uses are necessary to serve the needs of the Borough's citizens but such uses may become inimical to the public health, safety, and welfare unless established according to specifications and standards controlling their limit and extent. Accordingly, this chapter designates such uses as conditional uses to be permitted only if the conditions specified by this section are complied with as determined by the review of the Planning Board.

§ 30-6.2 General Provisions.

[2002 Code § 16.24.020]

The following shall apply to the review and approval of a conditional use:

The use for which an application is being made shall be specifically listed as a conditional use within the zone where the property is located.

Site plan approval shall be required unless otherwise specified in this chapter.

The conditional use shall comply with the design standards, improvement standards, and document submittal requirements of this chapter unless a requirement is waived by the approving authority.

The conditional use shall adhere to the additional standards specified under this section for the particular use.

The approving authority may impose additional requirements to protect the public health, safety, and welfare which it deems necessary by reason of the location or other factors related to a particular application. Such requirements shall be provided for and maintained as a condition of the establishment of the use.

§ 30-6.3 Place of Worship, Lodges, Meeting Halls, and Clubs for Social and/or Service Organizations.

[2002 Code § 16.24.030]

Places of worship, lodges, meeting halls, yacht clubs, etc., for social and/or service organizations such as the Masons, American Legion, etc., may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following:

The use shall adhere to the minimum standards of the particular zone district or to the following standards, whichever is more restrictive:

Minimum lot size, one acre;

Minimum lot width and depth, 150 feet;

Minimum front yard, 40 feet;

Minimum side yard, 20 feet;

Minimum rear yard, 20 feet;

Maximum building coverage, 25%;

Maximum building height, 35 feet.

Parking shall be provided as required by Section 30-9 of this chapter except that the Municipal Agency may determine that additional parking be required for any ancillary or accessory uses.

§ 30-6.4 Public Utilities.

[2002 Code § 16.24.040]

Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines, switching stations, which must be provided above ground, may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following

A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design or any building or structure in connection with such facility shall not exceed a height of 40 feet and shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

Adequate and attractive fences and other safety devices will be provided.

Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.

The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area. Only one principal building or structure will be permitted on the lot and a paved parking area is required.

§ 30-6.5 Motor Vehicle Service Stations and Motor Vehicle Repair Garages.

[2002 Code § 16.24.050]

Motor vehicle service stations and/or motor vehicle repair garages may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

This site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps, wash racks, lubrication bays, air hoses and any other similar equipment to be installed, the type of structure and accessory buildings to be constructed, and the number of automobiles which are to be garaged.

Motor vehicle service stations and/or motor vehicle repair garages shall be located on a corner lot having an area of not less than 20,000 square feet with a minimum frontage of 150 feet on one street. If the lot requirements for the zone are greater, they shall take precedence. No building shall be constructed closer than 50 fee to any street line or closer than 25 feet to any lot line. Where a filing station or public garage abuts a residential zone along a side or rear property line, the side or rear yard setback for the filling station or public garage shall be increased from 25 feet to 50 feet and at twenty-five-foot width planting screen approved by the Planning Board shall be provided along the entire side or rear property line.

No motor vehicle service station and/or motor vehicle repair garages shall be located within 500 feet of any public entrance to a church, school, library, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the center line of streets forming the shortest route from a point opposite the nearest boundary from the public entrance to a point opposite the nearest boundary of the service station lot.

Driveways shall cross the sidewalks at right angles at any point thereof. Driveways shall be at least 25 feet from any side lot line and at least 40 feet from the intersection of street lines.

All fuel pumps, air hoses and any other equipment used in servicing cars shall be located at least 35 feet from all street lines and 25 feet from other lot lines. Any canopy erected over the pump islands shall be set back at least 10 feet from all lot lines, except along a side or rear property line adjacent to a residential use or a residential zone, the canopy shall be set back 50 feet from such line and a twenty-five-foot width planting screen shall be provided along such line.

No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station and/or motor vehicle repair garages other than those used by the employees in the indirect or direct operation of the establishment, except for the following: no more than 10 during working hours and no more than six overnight. Overnight outdoor storage of more than six vehicles shall be prohibited.

All fuel tanks shall be installed underground.

No outdoor oil drainage pits or hydraulic lifts shall be permitted.

Any repair, lubrication or other similar services to motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.

Coin operated service stations are not permitted.

No auto body work shall be permitted.

Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

Sale of new or used cars is prohibited.

Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack. No other outdoor sales are permitted and the service station shall not be operated as or in conjunction with a mini-mart or convenience store.

The Municipal Agency shall determine that the planning of the lot is property suited to the area and in connection therewith may require adequate buffers of foliage or screen fencing, if necessary, to protect surrounding properties from any lights or noises that may be generated from the property.

Signs shall conform to the requirements of the Borough sign regulations.

The Municipal Agency shall determine that the design of the service station satisfies the building design requirements of subsection 30-8.2 of this chapter.

§ 30-6.6 Mixed Use Residential.

[2002 Code § 16.24.060]

In order to better utilize existing buildings within commercial districts and to expand the available supply of housing within the community, mixed use residential may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

The building and the floor area in which the mixed use is proposed shall be in existence at the time of adoption of this chapter and not more than one dwelling unit shall be located within the building.

The dwelling unit shall be confined to the upper stories of the building. Street level space shall be occupied by the principal uses permitted in the district.

No dwelling unit shall contain more than two bedrooms. Dens, lofts, and other such areas capable of serving as bedrooms shall be construed to be bedrooms.

Plans showing the overall use of the building shall be submitted. Any building which is in a state of disrepair or violates the property maintenance or health and safety standards of the Borough shall be repaired or rehabilitated to conform to the applicable municipal requirements.

Each dwelling unit shall have the following minimum habitable floor area:

One bedroom dwelling unit, 600 square feet,

Two bedroom dwelling unit, 700 square feet.

The commercial use of the property shall be a permitted principal use within the zone district.

Off-street parking shall be provided for the dwelling unit unless the municipal agency determines that there is sufficient existing parking on site to support both the commercial and residential use or that there is available on-street parking in reasonable proximity to the building to support the mixed-use. A length of 23 feet per on-street parking space with sufficient clearance to street intersections or driveways shall be used in calculating the number of available on-street parking spaces.

§ 30-7 GENERAL ZONING PROVISIONS.

§ 30-7.1 Purpose.

[2002 Code § 16.28.010]

The purpose of these provisions is to provide direction regarding the administration and application of development requirements and restrictions within the Borough's zone districts. Deviation from the standards of this section will only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70.

§ 30-7.2 Provisions of Other Ordinances.

[2002 Code § 16.28.020]

Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the Borough or are established by law and which are greater than those set forth in this chapter shall take precedence over the provisions of this chapter.

§ 30-7.3 Nonconforming Uses, Buildings and Structures.

[2002 Code § 16.28.030; Ord. 434A § 4; Ord. No. 7-11-05B; Ord. No. 10-24-05F]

Except as otherwise provided in this chapter, the lawful use of the land or a building existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:

No nonconforming lot shall be further reduced in size.

No nonconforming building or structure shall be enlarged, extended, or increased unless such enlargement is conforming and in accordance with the provisions of paragraph h of this subsection on nonconforming structures.

No nonconforming use may be expanded.

Abandonment of Nonconforming Use. A nonconforming use shall be deemed to be abandoned where there is (1) an intention to abandon as well as (2) an external act (or omission to act) by which such intention is carried into effect.

It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one year.

When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this chapter.

Restoration of a Nonconforming Structure. If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored, or repaired, except in conformity with this chapter.

Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.

Nothing in this chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Official.

Certification of Preexisting Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Board of Adjustment may issue a certificate in accordance with subsection 30-3.4d, certifying the legality of a preexisting nonconforming use, building, or structure.

Alterations of Nonconforming Buildings or Structures. Alterations, as applied to a nonconforming building or structure, shall include only a change or rearrangement of interior partitions, the structural supports or a change in exterior appearance.

A nonconforming building or structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alternatives are not permitted unless the building or structure is changed to conform to the requirements of this chapter.

Nonconforming Lots, Buildings, and Structures.

No vacant nonconforming lot shall be used except as provided in this section. No nonconforming building or structure shall be extended or increased unless the enlargement is conforming and meets the requirements set forth in this section.

A vacant nonconforming lot may not be used for any purpose unless:

(a)

The proposed use and all existing uses is/are permitted principal of accessory use(s).

(b)

The development complies with all other regulations of the zone.

(c)

Other than the minimum lot area, the lot conformed to the zoning standards in effect immediately prior to the adoption of the ordinance codified in this chapter.

(d)

The owner of the lot did not own any adjacent lot or lots at the time of or since the adoption of this ordinance.

Principal or accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:

(a)

Existing and proposed buildings or structures will be used for a permitted principal building or accessory use.

(b)

The development complies with all other regulations of the zone.

(c)

The new structure or building conforms to all building requirements of this chapter, and will not result in the creation of any nonconformity related to the aggregate of all buildings or structures.

(d)

The owner of the lot did own any adjacent lot or lots at the time of or since the adoption of this ordinance.

A nonconforming building or structure may not be enlarged, extended, increased in height, width, or depth; moved or relocated unless:

(a)

The proposed use and all existing use(s) is/are permitted principal or accessory use(s).

(b)

The enlargement, extension or addition conforms to all building requirements, and will not result in the creation or extension of any nonconformity related to the aggregate of all structures or buildings.

(c)

The enlargement, extension, or addition does not exceed, in the aggregate, 50%, or the existing building coverage or structure coverage of the nonconforming building or structure that is to be extended.

Construction, alteration or expansion ("proposed work") of a nonconforming structure shall be permitted, and a Development Permit shall be issued by the Zoning Officer provided that:

The proposed work complies with all other regulations in the zone.

The proposed work does not increase, exacerbate, or change the specifics of any existing nonconformity.

The proposed work does not add volume to the structure outside the permitted setback lines within the zone in which the property is located.

The proposed work complies with all other regulations of the zone.

Prior Approved Construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been hereto before issued and the construction of which shall have been diligently prosecuted within the three months of the date of such permit, and the ground story framework or which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the adoption of the ordinance codified in this chapter.

District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.

§ 30-7.4 Corner Lots.

[2002 Code § 16.28.070; Ord. No. 2009-17 § II; Ord. No. 2013-11]

On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required.

Rear lot lines shall be a lot line opposite the shortest frontage line on an improved street. In the event the frontage lines on the improved streets are of equal length, the lot line opposite to the street in which the property owner's post office address is located shall be deemed the rear lot line. See examples of corner lots below.

Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.

Lot lines and corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.

Each corner lot must, in addition to any rear yard required to conform to paragraph b of this subsection, maintain a rear yard setback for the yard most nearly opposite the front yard as required by subsection 30-7.7 of this section.

Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in the Schedule of Yard, Area, and Building Requirements.

Each corner lot shall meet the corner lot requirements for the applicable zone district as set forth in Section 30-5, Table C, Schedule of Area, Yard and Building Requirements.

(See Table C, Schedule of Area, Yard and Building Requirements following Section 30-5.)

§ 30-7.5 Sight Triangle.

[2002 Code § 16-28.050]

Unless more stringent regulations are provided by other provisions of this chapter at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding the lot, or the projection of such lines, and by a line connecting to a point, on each line located 25 feet from the intersection of the street lines.

§ 30-7.6 Frontage on Improved Street Required.

[2002 Code § 16.28.060]

Every principal building shall be built upon a lot with frontage upon a public street improved to meet the municipal requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36. In the case of a lot fronting on the Navesink River, the frontage on the river may be considered as lot frontage for the purpose of determining compliance with the frontage requirement of the zone provided that the lot has a right-of-way, that is owned fee-simple absolute as part of the lot, with a minimum width of 20 feet that fronts on, provides access to, and connects the lot with an improved public street.

§ 30-7.7 Yard Areas, Building Orientation and Fenestration.

[2002 Code § 16.28.070; Ord. No. 2009-29 § II]

No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located except:

Lots with frontage on more than one street which are not corner lots may have a front and rear yard designated by the owner subject to:

(a)

If the lot contains a principal structure, the front will be considered the direction the principal structure faces.

(b)

If the lot does not contain a principal structure and only one street frontage conforms to lot frontage requirements, the yard abutting the conforming street frontage will be considered the front yard.

The designated rear yard of a lot with frontage on more than one street shall be considered a rear yard for the purposes of this section, except for the area within the depth of the required minimum front yard determined as follows:

(a)

Not less than the lesser of the setback of existing principal structures on any adjacent lots (but not less than 50% of the minimum front yard required by the zone district).

(b)

No more than the minimum front yard required by the zone district.

Any lot not meeting the definition of a corner lot that in any event has two sides adjacent to the same street right-of-way shall meet the following requirements:

(a)

Any yard adjacent to a street right-of-way is required to maintain the minimum front yard setback for the zone in which the property is located.

(b)

For yards not adjacent to the street right-of-way, a minimum of a rear yard setback must be maintained for one yard and a minimum of one side yard setback must be maintained for any other yard.

In the case of a corner lot, the yard most nearly opposite the front yard shall be considered a rear yard and the minimum rear yard requirement of the zone shall be maintained. A proposed principal building must be oriented to face, which means it must have its most prominent facade and principal entrance face, the front of the lot. The front of the lot for the purpose of designating a rear yard and orienting the principal building, shall be:

The direction an existing principal building faces, or, if there is no existing principal building:

The lesser lot frontage or, if both frontages are the same;

Designated by the applicant.

Each exterior face of a single-family dwelling shall include windows. The fenestrated portion of any elevation of a principal single-family dwelling shall not be less than 4% of the area of the building face.

Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter.

§ 30-7.8 Accessory Buildings and Structures.

[2002 Code § 16.28.080; Ord. No. 2014-04; Ord. No. 2018-02]

Unless otherwise specified in this chapter on the zone district schedule, accessory buildings and structures shall conform to the following regulations as to their locations on the lot:

Location of Accessory Buildings.

An accessory building attached to a principal building shall comply in all respects with the zoning requirements for the principal building.

Detached accessory buildings shall not be located in a front yard.

Detached accessory buildings shall comply with the zone district standards of the zoning Schedule of Area, Yard and Building Requirements with the following exceptions:

(a)

A one story detached garage may be located as provided under subsection 30-7.26, Garages.

(b)

Not more than one shed with a height of 10 feet or less and a floor area of 100 square feet or less may be located not less than five feet from any side or rear lot line.

No detached accessory building, in any residential zone, shall be less than five feet from a principal building.

No accessory building shall be constructed before the principal building.

Accessory buildings must be located on the same lot as the principal use to which they are accessory.

Where the front or side yard is on a river, a private, in-ground swimming pool (including cabanas, aprons, decks, walks, etc.) or boathouses may be built in such front or side yard provided that in the R-30 and R-20 Districts, a side yard and front yard setback of 25 feet is maintained. In all other districts, side yard and front yard setbacks of 10 feet shall be maintained, however accessory structures such as cabanas and boathouses shall maintain a setback of 50 feet or the average setback of structures on the abutting riverfront property, whichever is greater. However, in no event shall the required setback be more than 75 feet.

The ground floor area of all accessory buildings may not exceed the following percentages of the ground floor of the principal building:

R-40, R-30, R-20 Zones, 30%;

R-15, R-10A, R-10B, R-10, R-7.5, R-5 Zones, 40%;

B-1, B-2 Zones, 50%.

In a single-family zone district or on a lot with a single-family dwelling, an entry driveway or walkway may cross any yard area but not more than 25% of the front yard area shall be used as a driveway or for off-street parking.

A porch, deck, patio, or similar structure designed to adjoin or as part of the principal building shall in all cases conform to the yard requirements for the principal building except where the structure has no roof and is constructed not more than six inches above grade, it shall adhere to the yard requirements for an accessory structure. A porch, without a roof or structure above it, of less than 100 square feet in total size, inclusive of steps, is permitted in the front yard without regard to setback standards, provided that the porch contains a NJ UCC compliant stairway having not more than two risers, with an intermediate tread not exceeding 12 inches in depth.

[Ord. No. 2018-02]

Fences and walls are regulated pursuant to subsection 30-7.25 of this chapter.

Signs are regulated pursuant to subsection 30-7.24 of this chapter.

§ 30-7.9 Nonapplicability to Underground Utilities and Essential Services.

[2002 Code § 16.28.090]

The provisions of this chapter shall not apply to customary underground essential services as herein defined except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground, or any other above ground appurtenance of any type more than 40 feet high, shall require approval as a conditional use subject to the provisions of this chapter.

§ 30-7.10 Contiguous Lot Ownership.

[2002 Code § 16.28.100]

Where two or more lots, created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this section and no portion of the parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.

§ 30-7.11 Height Limitations.

[2002 Code § 16.28.110; Ord. No. B-434A § 3]

No structure shall extend higher than the limit provided in each zone for building height.

Turrets, spires, belfries, and domes shall not exceed the height of the ridge of the major roof type of the structure except that on a place of worship such structures shall be controlled by the conditional use requirements set forth for places of worship in subsection 30-6.3 of this chapter.

Chimneys shall not project more than four feet above the roof.

Cupolas and similar small structures built on top of a roof shall not exceed four feet deep, by four feet wide, by six feet high.

The height limitations of this chapter shall apply to ventilators, skylights, HVAC equipment, stair towers and similar appurtenances usually carried above roof level except:

(Reserved)

Noncommercial television and radio antennas are regulated by subsection 30-7.20 of this chapter.

§ 30-7.12 Riparian Grants.

[2002 Code § 16.28.120]

Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant, provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit, shall not be applicable to meeting the minimum lot area for the governing zone.

§ 30-7.13 Solid Waste and Recyclable Storage for Single- and Two-Family Homes.

[2002 Code § 16.28.130]

Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers.

Such receptacles shall not be stored or placed within front yard area prior to the time at which materials are permitted to be placed at the curblines for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.

§ 30-7.14 Outdoor Storage of Materials.

[2002 Code § 16.28.140]

No nonresidential use shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter.

§ 30-7.15 Portable On-Demand Storage Structures.

[Ord. No. 2007-2 § 2; 16.28.140; Ord. No. 2007-6; Ord. No. 2008-03; Ord. No. 2008-18]

A portable on-demand storage structure may be utilized as a temporary structure within the Borough when in compliance with the standards of this section. Any use of such structures within the Borough not in compliance with this subsection shall be unlawful and subject to fines and penalties as permitted under this Code.

The term "portable on-demand storage structures" shall be defined to be any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

Use of a portable on-demand storage structure shall only be permitted where a permit has been issued by the Borough Code Enforcement Officer.

An application for the permitted use of a portable on-demand storage structure may be obtained from the Code Enforcement Officer, and the application shall be submitted when completed by the party requesting use of a portable on-demand storage structure on that form provided by the Code Enforcement Officer to the Code Enforcement Officer with a sketch showing the location of the trailer on the site and detailing the distance of the trailer from other buildings, fire hydrants Fire Department connections and/or utilities.

All portable on-demand storage units shall be placed in driveways unless otherwise approved by the Code Enforcement Officer.

An application fee of $25 shall accompany the form requesting such permission. Failure to obtain permission for placement of such temporary structure shall result in the issuance of an after-the-fact permit with a fee set at 10 times the amount of a permit issued prior to erection of such structure, $250. (Fees restated at subsection 2-56.1, Fee Schedule.)

Length of time structures may be on property; extensions. A portable on-demand storage structure may be located as a temporary structure on property within the Borough for a period not exceeding 30 days in duration from time of delivery to time of removal in circumstances where a construction permit for the property has not been issued. Where exceptional circumstances exist, the Code Enforcement Office may alter the permit to extend the time where these structures may be permitted on property.

In such circumstances where a construction permit has been issued for the property, the portable on-demand storage structure may be located as a temporary structure on property for a period not exceeding 90 days, with the right to three thirty-day extensions if deemed necessary and appropriate by the Code Enforcement Office. In no event may a portable on-demand storage structure be located on property for a period in excess of 180 days in any twelve-month period. Extensions beyond the 180 days may be granted by the Borough Council. The property owner seeking the extension must apply to the Council at the time that the last thirty day extension is applied for.

No more than two portable on-demand storage structures may be located on a specific piece of property within the Borough at one time; such structures shall be individually limited for the duration time period established herein.

No portable on-demand storage structure located within the Borough shall contain toxic or hazardous materials.

§ 30-7.16 Outdoor Display of Goods.

[2002 Code § 16.28.150; Ord. No. 2013-07]

Except during garage, estate or auction sales conducted pursuant to a permit issued by the Borough, no goods shall be displayed for sale in any residential zone district.

Business uses shall not permanently display goods for sale, including motor vehicles, outdoors except where the goods displayed are the merchandise of a business included within a structure located on the site and the display is in accordance with a site plan approved by the Municipal Agency.

Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five such sales per year nor shall any one sale exceed one week in duration.

Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods out of doors shall not be permitted in any zoning district within the Borough except temporary sales operated by nonprofit or charitable groups may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than two such sales per year nor shall any one sale exceed four days in duration.

Goods for sale, displayed or stored outdoors, in accordance with an approved site plan, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.

[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]

Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and on developed sites occupied by nonprofit or charitable groups. Such sales shall be in accordance with a permit issued by the Zoning Officer. No permit shall be issued unless adequate off-street stopping space or maneuvering space for vehicles of customers can be provided and it can be demonstrated that the temporary use will not interfere with other uses on the site. Each such use shall be permitted to have one freestanding sign, no larger than 12 square feet in area, no closer to any property than 10 feet, and not extending eight feet in height. Such signs shall be temporary and shall be removed from the property on which the sales are being conducted no later than December 31.

In the event an application for a restaurant is before the Zoning Board of Adjustment or Planning Board for site plan, subdivision or variance approval where a sidewalk cafe or outdoor dining is proposed, the reviewing Board will not have jurisdiction to approve the sidewalk cafe or outdoor dining but may make a recommendation to the Governing Body for review of a license pursuant to Section 4-2. In the AH Affordable Housing Zone, AHO-1, AHO-2, AHO-3 and AHO-4 Affordable Housing Overlay Zones, any proposed outdoor dining hall shall be part of any site plan application submitted to the Planning Board.

[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]

§ 30-7.17 Home Occupations.

[2002 Code § 16.28.160]

Home occupations, as defined in these regulations, are permitted as an accessory use in the zones specified provided that within any residential district, no building or lot with a home occupation will be constructed or altered so as to be inharmonious to the residential character of adjacent structures or to be inconsistent with the residential character of the dwelling unit. Home occupations are not permitted in the AH Affordable Housing Zone or AHO-1, AHO-2, AHO-3, AHO-4 and AHO-5 Affordable Housing Overlay Zones.

[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]

The types of construction not considered to be residential in character include, but are not limited to, store front type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), unfinished concrete blocks or cinder block wall surfaces, metal panels, elimination of porches and wall surfaces without doors and/or windows.

The home occupation shall be clearly subordinate to the use of the dwelling for residential purposes and no external modifications shall be made that detract from the residential appearance of the dwelling unit. Any signs shall be limited to signs permitted in residential zones pursuant to subsection 30-7.24 of this chapter. A maximum of 25% of the ground floor area of the dwelling may be used in the home occupation.

All activities related to the home occupation shall be conducted within the dwelling. No outdoor display, repair, fabrication, processing, or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted.

Not more than one person who is not a member of the household in residence shall be employed in the home occupation.

No equipment or process shall be used that creates noise, vibration, glare, flames, odor, or electrical or electronic interference detectable by neighbors.

There shall be no use, storage, or disposal of any grouping or classification of materials that the Federal Secretary of Transportation or the State or the municipal Governing Body designates as a hazardous material.

There shall be no appreciable increase in traffic or trips within the neighborhood as a result of the home occupation.

Prior to the commencement of a home occupation, except for those occupations which are restricted to telecommuting, a zoning permit for the occupation must be obtained from the Borough Zoning Officer. The applicant shall specify the occupation to be engaged in, the area of the dwelling to be used in the occupation, any alterations to be made to the dwelling, and such other information as may be required by the Zoning Officer in order to make an informed determination that the use of the property will conform to the applicable regulations.

§ 30-7.18 Storage of Boats and Recreational Vehicles.

[2002 Code § 16.28.170; Ord. No. 2009-12 § II; Ord. No. 2011-06]

Boats and boat trailers or parts, sections, pieces or appurtenances of boats or boat trailers shall not be placed or stored in any front or side yard on any lot situated in a residential zone, except:

During the boating season (May 1 to November 1 of each year, unless the boat is operated in conjunction with a valid State of New Jersey Hunting, Fishing or Shellfish License in which case during the season for which the license has been issued), boats under 21 feet in length, and if more than one boat is parked or stored the combined length of all such boats shall not exceed 45 feet, may be parked or stored on any lot in a residential zone subject however to the following restrictions:

(a)

All boats parked or stored under this section of the ordinance shall be properly registered, if required, with New Jersey Motor Vehicle Commission or otherwise required by law.

(b)

Any boat placed or stored on a lot must be the property of the resident owner or resident tenant of the lot.

(c)

No boat may be placed or stored in any portion of the front or side yard with the exception of a concrete, brick, asphalt, or aggregate driveway.

(d)

A trailer may only be parked or stored in the front or side yard if it has a boat placed on it.

A boat house located in accordance with the prescribed setbacks (see subsection 30-7.8e) is permitted as an accessory building on a lot with direct access to navigable waterway.

Nothing herein shall be construed to prohibit or restrict the storage of boats or boat trailers within the rear yards of properties within the residential zone.

Boats or boat trailers or parts, sections, pieces or appurtenances of boats or boat trailers may not be placed or stored on any lot situated in the B-1 or B-2 Zone Districts except in accordance with a site plan approved by the Municipal Agency or, for lots occupied by only residential uses, in accordance with paragraph a of this section.

Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles shall not be parked overnight, stored or placed on any lot situated in a residential zone, except:

Not more than one recreational vehicle may be parked overnight, stored or placed on any lot in a residential zone.

In residential zones, a recreational vehicle may be parked overnight, stored or placed only on a rear yard no closer than 10 feet to any property line.

On a riverfront property the parking and storing of a recreational vehicle shall be permitted upon that yard (rear, front or side) which abuts the river or at some other part of the property totally screened from the road and in no case nearer than 10 feet from any property line other than the shoreline.

Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles may not be parked overnight, stored or placed on any lot in the B-1 or B-2 Zone Districts except in accordance with a site plan approved by the Municipal Agency or, for lots occupied by only residential uses in accordance with paragraph c of this section.

Recreational vehicles or parts, sections, pieces, or appurtenances and boats or boat trailers or parts, sections, pieces, or appurtenances shall not be stored in the AH Zone or AHO-1, AHO-2, AHO-3, AHO-4, and AHO-5 Affordable Housing Overlay Zones.

[Added 10-13-2020 by Ord. No. 2020-04; amended 9-28-2020 by Ord. No. 2020-08]

§ 30-7.19 Commercial Vehicle Storage.

[2002 Code § 16.28.180]

No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 8,000 pounds or having more than two axles, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.

Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 8,000 pounds or less shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.

In no event shall a commercial vehicle be parked or stored overnight in the AH Affordable Housing Zone or AHO-1, AHO-2, AHO-3, AHO-4, and AHO-5 Affordable Housing Overlay Zones.

[Added 10-13-2020 by Ord. No. 2020-04; amended 9-28-2020 by Ord. No. 2020-08]

§ 30-7.20 Wetlands Permit.

[2002 Code § 16.28.190]

No building, structure or use shall be permitted within areas defined as wetlands or wetlands transition areas by the New Jersey Wetlands Act of 1970 or the New Jersey Freshwater Wetlands Protection Act of 1987 except in accordance with a permit issued under the Act.

§ 30-7.21 Radio and Television Antennas.

[2002 Code § 16.28.200]

The provisions of this subsection shall apply to all radio and television antennas, including dish antennas for satellite television reception, herein referred to as dish antennas, except that these provisions shall not be deemed to permit towers and antennas for cellular telephone and personal communication services.

A freestanding antenna shall be a permitted accessory use in all zones, provided that the lot on which it is located contains a principal structure.

Freestanding antennas shall not be placed in the front yard, and shall meet side and rear yard setback standards for an accessory building for the zone in which the antenna is located.

Procedure. Any property owner shall, prior to the placement of a freestanding antenna not attached to a building, submit to the Construction Code Official a plan showing the size of the antenna, the proposed location of same on the subject premises, and any other information as may be required herein.

Plan Details. The plan shall be drawn on a map to a scale not smaller than one inch equals 10 feet and include and show the following information:

The name and address of the applicant and the name and address of the property owner; the name, address and title of the person preparing the plan; the date of preparation and the dates of each plan revision;

An appropriate place for the signature of the Construction Code Official;

The lot and block number(s) from the Borough tax map; the length and bearings of the lot lines; and the location of the proposed project;

All existing buildings and structures and all accessory buildings and structures on the lot and location of the proposed project;

Existing and proposed screening;

Any and all other information necessary to meet any other requirements of this subsection not listed below.

Regulations.

Dish antenna of a diameter of 24 inches or less may be mounted on any side of a roof of a structure provided the side of the roof does not front a public street and provided the top of dish antenna does not extend above the top line of the roof. A dish antenna of a diameter of more than 24 inches shall be freestanding ground-mounted only.

Power control and signal cables from freestanding, ground-mounted antenna to the served principal structure shall be buried underground and installed in accordance with the applicable electrical and building codes.

Freestanding, ground-mounted antennas shall be screened to minimize visibility from the street and adjacent properties.

Design Standards.

The diameter of a dish antenna shall not exceed 12 feet.

A dish antenna shall be erected on a secured ground-mounted foundation in accordance with the appropriate building codes.

The overall height from the ground level to the highest point of a dish antenna, including support structures; shall not exceed 12 feet.

§ 30-7.22 Performance Standards.

[2002 Code § 16.28.210]

General Provisions. As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment the applicant shall supply evidence, satisfactory to the Municipal Agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.

As evidence of compliance, the Municipal Agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.

The Municipal Agency may require that specific types of equipment, machinery, or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.

Permits and certificates required by other government agencies shall be submitted to the Municipal Agency as proof of compliance with applicable codes.

If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the Municipal Agency or Administrative Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.

Conditional Permit. In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Municipal Agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation. Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this subsection have been met.

Applicability and Enforcement of Performance Standards.

Applicability.

(a)

Prior to Construction and Operation. Any application for development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that the use will be operated in accordance with the performance standards set forth herein.

(b)

For Existing Structures. Any existing structure or use which is after the effective date of the ordinance codified in this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.

Continued Compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).

Termination of Violation. All violation shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.

Violation Inspection. Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this chapter, they are empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this subsection are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.

Performance Standards Established.

Noise.

(a)

The definitions contained in the noise control regulations of the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1 et seq., are incorporated by reference without being set forth in full with regard to this subsection.

(b)

No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:

(1)

Continuous airborne sound which has a sound level in excess of 50 dBA; or

(2)

Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands:

Octave Band Center Frequency (Hz)	Octave Band Sound Pressure Level (dB)
31.5	86
63	71
125	61
250	53
500	48
1,000	45
2,000	42
4,000	40
8,000	38

; or

(3)

Impulsive sound in air which has an impulsive sound level in excess of 80 decibels;

(4)

The provisions of this subsection shall not apply to:

Agriculture,

ii.

Bells, chimes or carillons while being used in conjunction with religious services,

iii.

Commercial motor vehicle operations,

iv.

Emergency energy release devices,

Emergency work to provide electricity, water, or other public utilities when public health or safety are involved,

vi.

National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency,

vii.

Noise of aircraft flight operations,

viii.

Public celebrations,

ix.

Public roadways,

Stationary emergency signaling devices,

xi.

The unamplified human voice,

xii.

Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the Explosives Act (N.J.S.A. 21:1A-128 et seq.).

Air Pollution. No substance shall be emitted into the atmosphere in quantities, which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with.

Smoke. In any zone no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator of fuel burning equipment, provided, however, that smoke emitted during the cleaning of a fire box or a building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.

Solid Particles.

(a)

In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established in Chapters 7 and 8 of the New Jersey Air Pollution Control Code.

(b)

In any other zone, except industrial zones, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.

(c)

In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.

(d)

No open burning shall be permitted in any zone.

(e)

All incinerators shall be approved by the State Department of Environmental Protection.

(f)

Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.

Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table I (Odor Thresholds in Air) in Part I (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted October, 1968, by the Manufacturing Chemists Association, Inc., Washington D.C., shall be used as a guide in determining quantities of offensive odors.

Liquid Waste. No liquid waste shall be discharged into any water course, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, and where required by the New Jersey Department of Environmental Protection.

Solid Waste. All uses in the municipality shall:

(a)

Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.

(b)

Comply with all applicable provisions of the Air Pollution Control Code.

(c)

Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.

(d)

Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.

(e)

Not engage in any sanitary landfill operation on the property, except as may be permitted by other municipal codes and ordinances.

(f)

Radiation. All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the United States Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26-2D et seq., as amended, whichever is more stringent.

Fire and Explosion Hazards. All activities shall be carried on only in buildings, classified as fireproof by the State Uniform Construction Code and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Fire Department.

Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula 6.28F, where F is the frequency of the vibration in cycles per second. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this section, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.

10.

Electromagnetic Interference. There shall be no electromagnetic interference that:

(a)

Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference; or that

(b)

Is not in conformance with the regulations of the Federal Communications Commission.

11.

Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.

12.

Fire Resistant Construction. All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction Code.

13.

Glare. There shall be no direct or sky-reflected glare exceeding 1.5 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts.

14.

Lighting and Illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:

(a)

The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandles beyond any property line.

(b)

Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.

(c)

Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.

§ 30-7.23 (Reserved)

Former subsection 30-7.23, Property Maintenance, previously codified herein and containing portions of 2009 Code § 30-7.23 was repealed in its entirety by Ordinance No. 2013-14. See Chapter 14 for Property Maintenance Code.

§ 30-7.24 Signs.

[2002 Code § 16.28.030; Ord. No. 2009-16; Ord. No. 2010-04; Ord. No. 2011-04; Ord. No. 2015-04]

Purpose. The regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services, and facilities in Fair Haven without difficulty and confusion, to encourage the general attractiveness of the community, and to protect property values therein. Accordingly, it is the intention of this section to establish regulations governing the display of signs which will:

Promote and protect public safety, comfort, convenience and aesthetics;

Enhance the economy and the business of the Borough by promoting the reasonable, orderly and effective display of signs, and thereby encourage increased communication with the public;

Restrict signs and lights which overload the public's capacity to receive information or which increase the probability of traffic congestion and accidents by distracting attention or obstructing vision.

General Provisions.

All signs shall conform to the requirements of the New Jersey Uniform Construction Code as adopted by the Borough and conform to generally accepted standards of workmanship.

All signs to be erected, inscribed, installed, replaced or altered shall require a sign permit, except permitted signs for private residences and permitted temporary signs. All sign applications shall be submitted to the Construction Official.

The application fee for such permit shall be $25. The application shall be approved or denied by the Construction Official within 15 working days after the application is received. Denial requires a written report from the Construction Official stating the reason the application has been denied. Denials may be appealed to the Zoning Board of Adjustment for a variance in accordance with N.J.S.A. 40:55D-70.

The maximum height for freestanding or projecting signs, unless otherwise provided, shall not exceed 12 feet above ground level. (See special restriction for signs in the historic district).

All signs shall be located within the building line of the property, unless otherwise specifically provided.

No permanent marquees or canopies shall extend into the front yard set back or over a public walk.

Official signs erected by the Borough, County, State or Federal government shall be permitted in all districts.

One freestanding sign for identification shall be permitted for schools, churches, hospitals or similar institutions, and for permitted clubs and lodges, provided that the area shall not exceed 35 square feet in total area.

Floodlights shall not be located more than 12 feet above ground level and shall be so placed and shielded as to prevent any glare or blinding effect upon any lane of moving traffic or into any residential property. No illumination shall be permitted on any sign from 11:00 p.m. until 6:00 a.m.

No sign shall be located in such a manner as to materially impede the view of any street or intersection.

10.

Signage, lettering, messages, logos and similar words located on permitted architectural features, such as awnings, shall be included in the overall sign area. The area shall be defined by a geometrical shape that most accurately outlines the sign.

11.

Signs placed in windows are permitted subject to the following provisions. Except for "For Sale" and "For Rent" signs, any temporary signs or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall relate to products or services provided by the owner or tenant of the premises or to communications or announcements of charitable, civic or community organizations displayed with permission of an owner or tenant of the premises. The total area of all such temporary sign or signs shall not exceed 25% of the area of the window to which the sign or signs are attached or otherwise exposed to public view.

12.

The bottom of all projecting signs shall be at least eight feet above ground level. The top of projecting signs shall be at right angles to the building and the outermost point of the sign shall not exceed more than three feet from the side of the building.

13.

Only such signs as are specifically authorized by this chapter shall be permitted uses.

14.

Nonconforming Signs.

(a)

Any nonconforming sign structure existing at the time of the passage of this subsection may be continued until abandoned, destroyed or the termination of the business shall be more than partially destroyed, then the structure may not be rebuilt, restored, or repaired except in conformity to this chapter. Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged sign structure shall be prima facie evidence that the sign structure has been more than partially destroyed. Nothing in this chapter shall prevent the strengthening or restoring of any portion of a sign structure which has been declared unsafe by the Construction Official.

(b)

Maintenance. If the Construction Official shall find that the sign is unsafe, unsecured or in need of repair, or is not maintained in proper painted condition, the Construction Official shall give written notice to the permittee thereof. If the permittee fails to repair or remove it within 30 days after such notice, such sign may be removed in order to comply, by the Construction Official at the expense of the permittee or owner of the property on which it is located.

(c)

Prohibited Signs.

(1)

No rotation beam, flashing illumination, or internal illumination shall be used in connection with any sign.

(2)

Signs with any lighting or control mechanism which may cause radio or television interference.

(3)

Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, door opening used as means of egress or ingress, or for firefighting purposes, or placed so as to interfere with any opening for ventilation required by law.

(4)

Signs utilizing the colors red or green in their illumination when the signs are placed within 50 feet of a street intersection.

(5)

Any sign which is such a form, character or shape as to confuse or dangerously distract the attention of the driver of a motor vehicle.

(6)

Any advertisement that uses a series of two or more signs or units, placed in a line parallel to the street, or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.

(7)

Signs which in any way simulate official, directional or waning signs erected or maintained by the State of New Jersey, Monmouth County, the Borough, or by railroad, or public utility or similar agency concerned with the protection of the public health or safety.

(8)

Pennants or streamers except during a fourteen-day period following the commencement of a new business or change of business ownership.

(9)

Signs which rotate or move or which have rotating or moving parts.

(10)

Signs which extend above the parapet of a building.

(11)

Signs which are attached to utility poles or trees.

(12)

Banners except for special events which are covered under paragraph b, 14(f) of this subsection.

(13)

Signs of contractors, tradesmen and professionals located on the premises of job sites.

(14)

Signs on fencing advertising the company responsible for the fencing installation.

(d)

Permitted Signs in Residential Zones.

(1)

A sign to identify a permitted professional use or the occupant of a residence, a sign indicating the private nature of a driveway premises, and of similar nature, providing that the area on one side of any such sign shall not exceed two square feet, shall be situated within the property lines of the premises it identifies and if freestanding shall not exceed four feet in height above existing ground level.

(2)

One nonilluminated temporary sign advertising the prospective sale or rental of the premises upon which it is maintained, provided that the area on one side of any such sign shall not exceed four square feet, shall not exceed three feet in height above ground level and that it shall be removed within three days after consumption of a lease or sale transaction.

(3)

One freestanding sign for each major subdivision, provided such sign shall not exceed 20 square feet in area on each side and shall not exceed eight feet in height. It shall be removed when the subdivision is completed.

(4)

One decorative flag on the residential premises.

(e)

Permitted Signs in Business Zones.

(1)

Each business use may have:

One wall sign on the front of the building, not exceeding a total of 10% of the front building face area and not exceeding 30 square feet in area.

ii.

One permanent window sign painted on the window. The sign shall only identify the business and shall not exceed 15% of the gross window area or 10 square feet, whichever is greater.

iii.

Advertising signs and material in the windows but the total area of all materials shall not exceed 25% of the window area.

(2)

Each commercial building may have:

One projecting sign not exceeding 5% of the front building face area, with a maximum sign area of 20 square feet; or

ii.

One freestanding sign not exceeding a sign area of 25 square feet on one side;

iii.

One decorative flag per building.

(3)

The overall sign area of all signs shall not exceed 15% of the front building face area.

(4)

Where a business structure is located in the intersection of two streets, or a street and a parking lot, an additional wall sign may be erected or inscribed upon the side wall, provided that such wall sign does not exceed 5% of the face area of the front of the building. (This is included in the 15% of the face of the building).

(5)

Where the rear of the business structure adjoins a parking area or public access to a street, a wall sign not exceeding five square feet may be erected or inscribed, provided the total sign area of the premises does not exceed 15% of the building face area. However, where a public entrance exists at the rear of the business structure, a wall sign not exceeding two square feet and stating the name of the premises only may be erected or inscribed, which shall not be counted toward the 15% of building face area limitation imposed in this section.

(6)

One temporary sign advertising the sale or rental of real estate on which it is located shall be permitted, provided that the area on one side of such sign shall not exceed an area of 10 square feet.

(7)

Directional signs may be permitted on the premises, however, no such sign shall exceed four square feet in area.

(8)

No freestanding sign shall be erected, installed or maintained nearer than 10 feet from the boundary of any residential zone. The illumination, if any, of such signs shall be of such intensity and so directed as not to cause light to flow on to the adjacent residential property.

(9)

Service stations shall be permitted to have up to three freestanding portable signs. No more than one sign shall be permitted at a property line. The signs shall not exceed 15 square feet in area on each side.

(10)

Service stations may have one freestanding internally illuminated sign with a maximum area of 35 square feet on one side and a maximum height of 18 feet above existing grade.

(f)

Special Event Signs.

(1)

Civic groups or service organizations may erect a temporary sign prior to a special event provided that permission is granted by the Mayor and Council.

(2)

Any business or professional user shall be allowed to erect special event advertising material. Special event advertising material may be either one banner or one portable sign. The banner or portable sign shall not exceed 15 square feet in area on one side.

(3)

Provided a garage sale permit has been obtained, signs advertising a garage sale may not exceed two square feet in area. The signs may only contain the term "garage sale," "yard sale," "estate sale" or language similar in nature and the address of the property where the sale is to be held. One garage sale sign may be posted on the property where the sale is to be held and not more than two additional signs may be posted on private property within the Borough, but not on public property or utility poles. The sign posted on the property where the sale is to be held may be displayed up to five days prior to the sale and must be removed immediately following the sale. The signs posted within the Borough, but not on the property where the sale is to be held, may only be posted on the day of the sale and must be removed on the day that the sale is concluded.

(g)

Historic District.

(1)

The Fair Haven Historic Commission may erect or cause to be erected on public property within the historic district informational signs or plaques conveying historic information. No permit fees will be charged for such signs.

(2)

With the approval of the Historic Commission, brass plaques, not to exceed 1 1/2 square feet, containing historic data on the structure, may be affixed on the front of the buildings within the historic district.

(3)

Businesses located within the historic district may erect signs which shall be in accordance with the standards set forth in the guidelines established by the Historic Preservation Commission (see the Building Code Official for a copy of the guidelines published by the Historic Preservation Commission and approved by Council). In addition, special provision for signs within the historic districts are:

The height from the ground to the top of an authorized freestanding sign shall not exceed 10 feet.

ii.

The setback from the edge of the sidewalk furthest from the curbing to the edge of a sign shall be a minimum of two feet.

iii.

The size of each sign erected on a building with more than one business occupying the building shall be a maximum of 10 square feet, with the total square footage for all signs erected on the building being a maximum of 35 square feet.

iv.

A freestanding sign on business premises which accommodate a single business entity shall not exceed 20 square feet.

All signs and posts to display signs shall be constructed of wood or materials which simulate wood in appearance.

vi.

All posts shall be finished with paint or opaque stain. All other provisions of this subsection remain in effect with respect to the historic district.

(h)

Temporary Real Estate Directional Signs. Temporary real estate directional signs are permitted in residential and business zones under the following circumstances:

(1)

"Temporary real estate directional signs" shall be defined as removable, freestanding signs, to be placed in or on the ground, not to exceed 18 inches in height, 24 inches in width and no higher than 30 inches above existing grade and shall only indicate the location or directions to a residential property in the Borough to announce an open house utilized in connection with the marketing of that property.

(2)

No more than one temporary real estate directional sign shall be located on any one lot for each open house. The maximum number of temporary real estate directional signs shall be limited to two for any one open house.

(3)

A temporary real estate directional sign may only be installed during the hours from 11:00 a.m. to 5:00 p.m. on the day the open house is being conducted. All temporary real estate directional signs shall be removed no later than 6:00 p.m. of the day of the open house.

(4)

A temporary real estate directional sign, as defined herein, shall not include any illumination, nor shall there be affixed thereon any balloon, streamer or any other decorative accessory.

The Signs Master Matrix Plan has been included as an attachment to this chapter.

§ 30-7.25 Fences and Walls.

[2002 Code § 16.28.240]

No fence shall be constructed on any property unless a fence permit for such fence has been issued. An application for a fence permit shall be submitted to the Construction Official accompanied by an application fee of $10 and shall be accompanied by a plan showing the height, type, and location of the proposed fence in relation to lot lines, the street, buildings and other structures. The application shall be acted upon by the Construction Official within 15 days of submission. Decorative and animal control fences for use around gardens, shrubs, etc., shall be exempt from the permitting process, but must comply with all height and type requirements.

No fence shall exceed six feet in height except as follows:

On park, recreation or school properties, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.

Fences specifically required or approved by the Borough Planning Board, Board of Adjustment, Borough Council or required by other provisions of this chapter or other municipal and State regulations.

No fence exceeding 42 inches in height shall be erected within a front yard, or within 50 feet of any river, lagoon, or other body of water. Residents living adjacent to public property used for waterfront access may have the height requirement waived after application to the Construction Official. For fence posts only, when designed with an ornamental or decorative cap moulding or trim or a newel cap, are permitted to have a maximum height of 48 inches.

Fences constructed of stone, block, brick or other masonry construction shall not exceed 30 inches in height. Freestanding pillars shall be exempt from the height requirement. Any fence constructed of concrete or concrete block shall have a decorative finish surface of stucco or shall be constructed of concrete masonry units having a decorative finish surface such as a split face, fluted or ribbed or scored block.

Fences located within a front yard or within 50 feet of any river, lagoon, or other body of water shall be open fences as defined in this chapter.

Chain link, open wire, or wire mesh fence shall not be located in a front yard. In the AH Affordable Housing Zone or AHO-1, AHO-2, AHO-3, AHO-4 and AHO-5 Affordable Housing Overlay Zones, chain link, open wire or mesh fences shall be prohibited.

[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]

In any business zone, a chain link, open wire, or wire mesh fence not exceeding six feet in height may be erected in the rear or side yard of a multi-family or nonresidential use in accordance with a site plan approved by the Municipal Agency.

All fences must be erected within the property lines and no fence shall be erected as to encroach upon a public right-of-way.

Fences or walls with pointed or sharpened metal elements or with angular embedded glass or ceramic elements or with barbed wire, razor wire or electric elements or with a design or element which, in the opinion of the Code Enforcement Officer, is otherwise hazardous or dangerous are prohibited in all zones.

Canvas or cloth fence and fencing construction is prohibited in all zones.

All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

Tennis court fences, baseball and softball backstops and spectator protective fencing located within a public park or public recreation area of the Borough are exempt from the requirements of this subsection. In all other locations such fencing is exempt from the requirements of this subsection provided it is not located within a required yard area. Located outside of any required yard area, such fencing is subject to the height limitations of the particular zone district.

Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or damaged to create ponding.

Any fence erected within the historic district shall adhere to the "Design Guidelines of the Fair Haven Historic District" adopted by the Fair Haven Historic Preservation Commission provided these guidelines have been approved by the Borough Council.

Any sign or label identifying a fence manufacturer or contractor shall be removed at the time of installation of the fence.

Fences specifically required by law shall be exempt from the fence standards of this subsection but only to the extent of meeting the minimum requirements of the law and such fences shall remain subject to the requirement for the issuance of a fence permit.

In the AH Affordable Housing Zone, a solid decorative fence shall be installed along the side and rear property lines that has a maximum height of six feet.

[Added 10-13-2020 by Ord. No. 2020-04]

§ 30-7.26 Garages.

[2002 Code § 16.28.250]

A private garage accessory to a principal building is permitted in any zone district, except for the AH Affordable Housing Zone or AHO-1, AHO-2, AHO-3, and AHO-4 Affordable Housing Overlay Zones. Garages are prohibited within the AH Affordable Housing Zone or AHO-1, AHO-2, AHO-3, and AHO-4 Affordable Housing Overlay Zones.

[Amended 10-13-2020 by Ord. No. 2020-04; 9-28-2020 by Ord. No. 2020-08]

On any lot in any R-40, R-30, R-20, or R-15 Zone, private garage space may be provided for not more than three motor vehicles. In any R-10A, R-10B, R-10, R-7.5, and R-5 Zone, private garage space may be provided for not more than two motor vehicles; and no public garage is permitted in a single-family residential zone.

No part of any garage shall be used for residential purposes.

In any R-40 or R-30 Zone, a garage for the storage of at least two automobiles shall be provided for each detached dwelling unit. In any of the aforementioned zones or in any residential zone where a garage exists, and such garage is needed to meet the off-street parking requirements, the garage shall not be enclosed and/or converted into another use without the property owner constructing a conforming replacement garage.

Except as provided by subsection 30-7.19 of this section, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone, provided however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.

No detached garage shall exceed one story in height.

A one-story detached garage may be located not less than five feet from any side or rear lot line provided it is at least 50 feet from any principal dwelling located on any adjoining lot.

1.	Front Lot Line. A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
2.	Rear Lot Line. The lot line most distant and generally opposite and parallel to the front lot line (for corner lots see subsection 30-7.4b).
3.	Side Lot Line. Any lot line other than a front or rear lot line.