Editor's Note: Ordinance No. 1045, adopted on August 15, 1989, which is codified as Chapter 22, Development Regulations, supersedes the provisions of Ordinance Nos. 743, 747, 797, 836 and 969 pertaining to Land Use Procedures and Zoning.
[Ord. #1045, § 1.1]
This Chapter shall be known and may be cited as: The Development
Regulations of the Borough of Keansburg.
[Ord. #1045, § 1.2]
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 intent is:
a.
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;
b.
To secure safety from fire, flood, panic and other natural and manmade
disasters;
c.
To provide adequate light, air and open space;
d.
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;
e.
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;
f.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
g.
To provide sufficient space in appropriate locations for a variety
of residential, recreational, industrial, and 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;
h.
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;
i.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
j.
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;
k.
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;
l.
To promote utilization of renewable energy sources;
m.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste;
n.
To encourage planned developments which incorporate the best features
of design and relate the type, design, and layout of residential,
commercial, and recreational development of the particular site;
o.
To encourage senior citizen community housing.
[Ord. #1045, § 2.1]
Unless otherwise expressly dated, the following terms shall,
for the purposes of this Chapter, have the meaning herein indicated.
[Ord. #1045, § 2.2]
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 said 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.
[Ord. #1045, § 2.3]
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 "structure;" the word "zone" includes the
word "district;" the word "occupied" includes the word "designed"
and the phrase "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.
[Ord. #1045, § 2.4; Ord. #1075, § II]
Certain words, phrases, and terms in this Chapter are defined
for the purpose herein as follows:
Shall mean a subordinate use or building, the purpose of
which is incidental to that of a main use or building on the same
lot.
Shall mean the Clerk of the municipality, unless a different
municipal official or officials are designated by ordinance or statute.
Shall mean the average number of cars per day that pass over
a given point.
Shall mean an establishment devoted to sale, 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.
Shall mean soils which may be corrosive to cast 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.
Shall mean travelled way by which cars enter and depart parking
spaces.
Shall mean 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.
As applied to a building or structure, shall mean 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.
Shall mean any place of business containing more than three
amusement devices.
Shall mean 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.
Shall mean dwelling unit in a multi-family building.
Shall mean a developer submitting an application for development
or for a permit required in accordance with this Chapter.
Shall mean 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 40:55D-36.
Shall mean 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 et seq.
Shall mean a building or portion thereof, in which sculpture,
paintings, or other artistic work is displayed.
Shall mean the American Society of Civil Engineers.
Shall mean the American Society for Testing Materials.
Shall mean 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 7 1/3 feet above the attic floor is not more than one-third
the area of the next floor below.
Shall mean any premises on which are held at periodic times,
auction sales of merchandise or any other personal property.
Shall mean the same as Motor vehicle repair garage.
Shall mean 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.
Shall mean the same as Motor vehicle service station.
Shall mean the same as Motor vehicle repair garage.
Shall mean the American Water Works Association.
Shall mean a steep-faced curb intended to prevent encroachments.
Shall mean a story partly underground and having more than
one-half of its height above the average level of the finished grade.
Shall mean that area between the mean high water line of
the Raritan Bay and the sand dunes.
Shall mean a room or portion of a structure with the principal
function of serving as sleeping quarters.
Shall mean a type of paving stone generally cut in a truncated,
pyramidal shape, laid with the base of the pyramid down.
Shall mean a mound of soil, either natural or manmade used
as a view obstruction.
Shall mean a road designed to accommodate the shared use
of the roadway by bicycles and motor vehicles.
Shall mean a lane at the edge of a roadway reserved and marked
for the exclusive use of bicycles.
Shall mean a pathway usually separated from the roadway,
designed specifically to satisfy the physical requirements of bicycling.
Shall mean a pathway designed to be used by bikers.
Shall mean 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 said sign is located.
Shall mean the length of a street between two street intersections.
Shall mean an outlet in a pipe through which water or sediment
can be discharged.
Shall mean the Board established pursuant to N.J.S.A. 40:55D-69
and this chapter. The term "Planning Board" as used in this chapter
also means the Planning Board when it is acting pursuant to N.J.S.A.
40:55D-60.
[Amended 5-18-1999 by Ord. No. 1258 ]
Shall mean 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 the Planning Board Engineer, the Municipal Engineer may assume
the duties of the office.
[Amended 5-18-1999 by Ord. No. 1258 ]
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean that central portion of any lot between required
yards and/or setback lines.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof.
Shall mean the total of areas of outside dimensions on a
horizontal plane and ground level of the principal building and all
accessory buildings, exclusive of unroofed porches, terraces or steps
having vertical faces, which at all points are less than three feet
above the level of the ground.
Shall mean the area of a tract covered by buildings and roofed
areas, measured at the building line. Building coverage is expressed
as a percentage of the total tract area.
Shall mean the vertical dimension measured from the original
lot grade or any revised lot grade shown on a site plan, subdivision
plan, or plot plan approved by the appropriate municipal agency. Such
revised lot grade shall not include mounding, terracing, or other
devices designed to allow increased building height.
Shall mean the line beyond which a building shall not extend
unless otherwise provided in this Chapter.
Shall mean a permit used for the alteration or erection of
a building or structure in accordance with the provisions of the Uniform
Construction Code.
Shall mean 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.
Shall mean 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.
Shall mean a structure separating land and water areas, primarily
designed to resist earth pressures.
Shall mean a business establishment which does not offer
a product or merchandise for sale to the public, but offers or provides
a service, primarily administrative or clerical in nature. Business
offices are all those offices which are not professional or medical
offices and includes but is not limited to the following:
Insurance companies.
Trade associations.
Real estate companies.
Investment brokerage houses.
Banks and trust companies.
Advertising or public relations agencies.
Computer and data processing.
Management and consulting services.
Adjustment and collecting services.
Consumer credit reporting agencies.
Shall mean 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.
Shall mean a governmental acquisition of real property or
major construction project.
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.
Shall mean a completed water supply and/or sewerage system
put in place for future use (contingent upon expansion), rather than
to meet immediate development needs.
Shall mean 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.
Shall mean 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.
Shall mean the actual road surface area from curbline to
curbline, which may include travel lanes, parking lanes, and deceleration
and acceleration lanes. Where there are no curbs, the cartway is that
portion between the edges of the paved, or hard surface, width.
Shall mean a story wholly or partly underground and having
more than 1/2 of its clear height below the average level of the adjoining
ground.
Shall mean the gap between the centerline of roads adjoining
a common road from opposite or same sides.
Shall mean 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.
Shall mean 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.
40:55-48, 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.
Shall mean 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. Said certificate
shall acknowledge compliance with all requirements of this Chapter,
such adjustments thereto granted by the Planning Board and/or all
other applicable requirements.
[Amended 5-18-1999 by Ord. No. 1258 ]
Shall mean:
1. Any increase in the number of dwelling units in a structure
which would result in three (3) or more total units;
2. Any change from a residential use to any nonresidential use;
3. Any change from one nonresidential use, excluding changes
of occupancy, to another nonresidential use.
4. Any increase in the number of individual activities, businesses,
or enterprises occupying a nonresidential building or site.
Shall mean a watercourse with a definite bed and banks which
confine and conduct continuously or intermittently flowing water.
Shall mean the straightening and deepening of channels and/or
the surfacing thereof to permit water to move rapidly and/or directly.
See Place of worship.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean the coastal wetlands designated by the New Jersey
Wetlands Act of 1970.
Shall mean a roadway which channels traffic from local streets
into the arterial roadways and has been designated a collector street
by the Master Plan.
Shall mean the same as Parking area, public also see Garage,
public and Vertical parking garage.
Shall mean 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.
Shall mean a lateral serving more than one unit.
Shall mean 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.
Shall mean 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," P.L. 1977, c. 136 (C. 26:2H-1 et seq.) and shall include, but
not be limited to, group homes, halfway houses, supervised apartment
living arrangements and hotels.
Shall mean 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
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Municipal Agency. 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.
Shall mean 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.
Shall mean 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 of
such use as contained in this Chapter, and upon the issuance of an
authorization thereof by the Municipal Agency.
Shall mean 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 characteristics:
The unit (the interior and associated exterior areas designated
for private use in the development plan) is owned by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space and any community
interior spaces are owned and maintained in accordance with the provisions
for open space, roads, or other development features as specified
in this Chapter.
Shall mean development other than "planned development" as
defined herein.
Shall mean a lot on the junction of and abutting two or more
intersecting streets where the interior angle of intersection does
not exceed 135°.
Also known as corporation cock shall mean a valve which is
placed in a building's water or gas service pipe near its junction
with the public water or gas main.
Shall mean 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.
Shall mean the Planning Board of the County of Monmouth as
defined in N.J.S.A. 40:27-6.1.
Shall mean an unoccupied open space on the same lot with
a building, which is bounded on three or more sides by building walls.
Shall mean the same as Lot coverage.
Shall mean a sediment-producing highly erodible or severely
eroded area.
Shall mean a local street with only one outlet and having
the other end for the reversal of traffic movement.
Shall mean a structure designed to convey a water course
not incorporated in a closed drainage system under a road or pedestrian
walk.
Shall mean a vertical or sloping edge of a roadway. See also
Belgian block curb, Barrier curb, Mountable curb.
Shall mean the officially established grade of the curb in
front of the midpoint of the front lot line.
Shall mean supportive or protective bedding materials placed
underneath piping.
Shall mean a licensed, organized and supervised day-time
facility used for recreational purposes.
Shall mean the State-certified facility which provides care
for children.
Shall mean calendar day(s).
Shall mean the permitted number of dwelling units per gross
acre of land to be developed including streets, easements and open
space portions of a development.
Shall mean 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.
Shall mean guidelines that provide a general framework for
sound planning.
Shall mean standards that set forth specific improvement
requirements.
Shall mean 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.
Shall mean acres or land area without wetlands, beaches,
dunes and easements.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean 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 or 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.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean 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 or alleviation
of flooding.
Shall mean any component of the drainage system.
Shall mean the lands required for the installation of storm
water 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 et seq., State Water Policy Commission.
Shall mean the system through which water flows from the
land, including all watercourses, water bodies and wetlands.
Shall mean the same as Restaurant, drive-in.
Shall mean 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.
Shall mean a manhole provided for inspection and maintenance
of sewers where an incoming sewer is considerably higher than the
outgoing.
Shall mean a vertical pipe used to convey sewage from a higher
to a lower elevation.
See Capped system.
Shall mean any building or portion thereof designed or used
exclusively for one or more dwelling units.
Shall mean 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.
Shall mean a dwelling including the following separate rooms
or combination thereof: A bathroom with toilet and bath facilities
and a combination living room and bedroom, with a combination kitchen
and dining room; or a combination living room, bedroom and dining
room with a separate kitchen; or a combination living room, bedroom,
dining room and kitchen (provided that the kitchen can be closed off
from the remainder of the room). No additional room shall be provided,
except hallways and suitable closet and storage space.
Shall mean a residential building containing eight attached
dwelling units in which each unit has two open space exposures and
in which units may be arranged back to back, side to side, or vertically.
Shall mean 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.
Shall mean an apartment including the following separate
rooms or a combination thereof: A kitchen; a dining room; a living
room; or a combination kitchen and dining room with a separate living
room; or a separate kitchen with a combined living room and dining
room area (provided that in no case shall a kitchen be combined with
a living room); a bathroom with a toilet and bath facilities; and
a bedroom. No additional room shall be provided, except hallways and
suitable closet and storage space.
Shall mean a residential building containing four attached
dwelling units in which each building has two open space exposures
and shares one or two unpierced vertical walls with the adjoining
unit or units. Each dwelling unit extends from ground to roof.
Shall mean a detached building designed for or containing
one dwelling unit.
Shall mean an attached building or part thereof designed
for or containing one dwelling unit, located on a separate building
lot, separated by vertical common walls from dwellings located on
one or more sides.
Shall mean a dwelling type consisting of a building containing
two dwelling units. The dwelling units are separated by one unpierced
vertical wall and each dwelling unit extends from ground to roof.
Shall mean a dwelling including the following separate rooms
or a combination thereof: A kitchen; a dining room; a living room;
or a combination kitchen and dining room with a separate living room;
or a separate kitchen with a combined living room and dining area
(provided that in no case shall a kitchen be combined with a living
room); a bathroom with toilet and bath facilities; a master bedroom,
a second bedroom, a third bedroom. No additional room shall be provided,
except hallways and suitable closet and storage space.
Shall mean a multiple dwelling building, characterized by
individual dwelling units on individual lots, with a common fire wall
between contiguous units. Such townhouse dwelling is designed and
constructed as an integral development or complex, which utilizes
such common facilities as pedestrian walks, parking and garage areas,
open space and recreation areas, and sanitary systems.
Shall mean a dwelling including the following separate rooms
or a combination thereof: A kitchen; a dining room; a living room;
or a combination kitchen and dining room with a separate living room;
or a separate kitchen with a combined living room and dining area
(provided that in no case shall a kitchen be combined with a living
room); a bathroom with toilet and bath facilities; a master bedroom;
a second bedroom. No additional room shall be provided, except hallways
and suitable closet and storage space.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean the giving of money and/or services to a charitable
or philanthropic organization.
Shall mean the Municipal Environmental Commission, a municipal
advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
Shall mean 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 limited development, or in certain
instances may preclude development.
Shall mean 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 et seq., Coastal Area Facility Review Act, and specifically outlined in section 7 of said rules and regulations promulgated in compliance with said Act will be accepted in lieu of the E.I.R.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice, and/or gravity.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean the excavation, removal, replacement, repair,
construction, or other disturbance of any portion of the public improvements
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 requires 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.
Shall mean that site plan and/or subdivision approval shall
not be required prior to issuance of a development permit for the
following:
Construction, additions, or alterations related to single family
or two-family detached dwellings or their accessory structures on
individual lots.
Any change in occupancy which is not a "change in use "(as herein
defined).
Individual applications for accessory mechanical equipment,
whose operation and location conforms to the design and performance
standards of this Chapter, and whose installation is on a site already
occupied by an active principal use for which site plan approval is
not otherwise required.
Sign(s) which installation is on a site already occupied by
a principal use for which site plan approval is not otherwise required
and provided such sign(s) conform to the applicable design and zoning
district regulations of this Chapter.
Construction or installation of essential services.
Division of property and conveyances so as to combine existing
lots, which are not considered to be subdivisions in accordance with
the definition of "subdivision" contained within this section.
Demolition of any structure or building not listed on the State
or National Register of Historic Places or identified as a historic
site on the Master Plan, provided that the demolition does not involve
changes to the site outside the limits of the structure or building
nor does it create any nonconformity.
Shall mean 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.
Shall mean 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.
Shall mean a fence in which 2/3 of the area, between grade
level and the top cross member (wire, wood or other material), is
open.
Shall mean the official action of the Planning Board taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean 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.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean the relatively flat area adjoining any natural
or man-made stream, pond, lake, river, or any other body of water
which is subject to a 100-year flood.
Shall mean permission of the Borough to build in accordance
with municipal floodplain regulations.
Shall mean 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.
Shall mean a story of a building.
Shall mean the sum of the gross areas of the floor or floors
of a building or structure including parking levels, basements and
cellars, measured between the inside faces of exterior walls or from
the centerline of walls common to two structures or uses. For the
purpose of determining required parking, enclosed parking levels will
not be considered floor area.
Shall mean the floor area divided by the lot area. For residential
uses, the floor area ratio shall be calculated exclusive of the floor
area of basements or cellars. For nonresidential uses, the floor area
ratio shall be calculated inclusive of the floor area of basements
or cellars having a ceiling height of seven feet or greater.
Shall mean 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, entrance
ways, arcades, or other such public areas.
Shall mean the cleaning out of debris and sediment from pipes
by force of moving liquid, usually water.
Shall mean 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."
Shall mean 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.
Shall mean 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.
Shall mean 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 vehicle 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.
Shall mean the same as Motor vehicle service station.
Shall mean 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 is incidental and subordinated
to the operation of a golf course.
Shall mean the Borough Council of Keansburg.
Shall mean 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.
Shall mean 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.
Shall mean all words, letters, numbers, symbols, colors,
shapes, etc. which appear on the sign face and are intended to convey
a visual message. Total graphic content coverage of a sign shall be
measured by computing the area of the smallest geometric figure which
can encompass all words, letters, figures, logos and other elements
of the sign message.
Shall mean 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.
Shall mean any sign supported by either uprights affixed
to the ground or supported by a base affixed to the ground.
Shall mean a shallow channel usually set along a curb or
the pavement edge of a road for purposes of catching and carrying
off runoff water.
Shall mean 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. Garages,
bathrooms, closets, storage areas, hallways, stairs are not considered
to be habitable rooms.
Shall mean including, but 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 creosols, and their salts; petroleum products;
and radioactive materials.
Shall mean 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.
Shall mean 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., said line being established
from photographs and each of these maps being on file in the office
of the County Clerk, Monmouth County, New Jersey.
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
Shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing which
has been formally designated in the master plan as being of historical,
archaeological, cultural, scenic or architectural significance.
Shall mean 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 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.
Shall mean 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 "hospital"
shall not include nursing homes, medical care centers and the like.
Shall mean a building containing 25 or more sleeping units
devoted mainly to the housing of transient travellers and permitting
accessory uses including but not limited to restaurants, retail and
personal service facilities, banquet facilities, health clubs, and
customer laundry and dry cleaning services.
Shall mean the person or persons occupying a dwelling unit.
Shall mean the properties, distribution, and circulation
of water.
Shall mean the Illuminating Engineering Society.
Shall mean a surface that has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
of water.
Shall mean a body of water, such as a pond, confined by a
dam, dike, floodgate or other barrier.
Shall mean an area for the temporary location of motor vehicles
which has been modified from its natural conditions by excavation,
fill or structures.
Shall mean 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.
Shall mean any man-made, immovable item which becomes part
of, placed upon, or is affixed to, real estate.
Shall mean a septic tank, seepage tile sewage disposal system,
or any other approved sewage treatment device serving a single unit.
Shall mean (a) in a criminal or quasicriminal proceeding,
any citizen of the State of New Jersey; and (b) 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.
Shall mean a lot bounded by a street on one side only.
Shall mean a street or road that is developed wholly within
a parcel under one ownership and meeting all municipal standards.
Shall mean 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.
Shall mean a raised area usually curbed, placed to guide
traffic, separate lanes, or used for landscaping, signing, or lighting.
Shall mean the Institute of Transportation Engineers.
Shall mean 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.
Shall mean 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 parts 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.
Shall mean an area used or designed to be used for the preparation
of food.
Shall mean 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.
Shall mean any real property including improvements and fixtures
on, above or below the surface.
Shall mean 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.
Shall mean 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.
Shall mean pipes conducting sewage from individual buildings
to larger pipes called trunk or interceptor sewers that usually are
located in street rights-of-way.
Shall mean fabrication, assembly or processing of goods or
materials, or the storage of bulk goods and materials where such activities
or materials create no hazard from fire or explosion, or produce toxic
or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
Shall mean 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 must have clear means of ingress and egress
to a public street at all times.
Shall mean any street other than a collector street.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A "lot" is land occupied or to be occupied
by a building, structure and permitted accessory uses, or by a dwelling
and its accessory uses together with such open spaces as are specified
and required under the provisions of this Chapter, having not less
than the minimum area required by this Chapter for a lot in the zone
district in which such a lot is situated, and having the required
frontage on a street.
Shall mean 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.
Shall mean 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 this Chapter, lot coverage
shall include all parking areas and automobile access driveways and
internal roadways, whether covered by an impervious or pervious material,
and all other impervious surfaces except as specifically indicated.
Shall mean the distance measured on a horizontal plane between
the side lot lines measured along the street 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 60% of the required minimum lot frontage.
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.
Shall mean any line designating the extent or boundary of
a lot which shall further be defined as follows:
Front lot line: A lot line or portion thereof which is coexistent
with a street line and along which the lot frontage is calculated.
Rear lot line: The lot line most distant and generally opposite
and parallel to the front lot line.
Side lot line: Any lot line other than a front or rear lot line.
Shall mean lot shape requirements specified by the schedule
of zoning district regulations.
Shall mean any lot at the junction of and fronting on two
or more intersecting streets.
Shall mean a lot other than a corner lot.
Shall mean the lowest level (including basement, crawl space
and garage) of the lowest enclosed area.
Shall mean any security that is acceptable to the governing
body to assure the maintenance of approved installations by developers.
Shall mean any security, other than cash, 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.
Shall mean any site plan not classified as a minor site plan
or exempt site development.
Shall mean any subdivision not classified as a "minor subdivision."
Shall mean an inspection chamber whose dimensions allow easy
entry and exit and working room for a person inside.
Shall mean a method for calculating the hydraulic capacity
of a conduit to convey water.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean any facilities or activity associated with fishing
or boating, either for sport or for commercial gain.
Shall mean 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.
Shall mean 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.
Shall mean the Mayor of Keansburg.
Shall mean that portion of a divided highway separating the
traveled ways of traffic proceeding in opposite directions.
Shall mean 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.
Shall mean a development plan for one or more lots which
is (are) subject to development which:
Requires site plan approval, and
Meets the requirements set forth in Section 22-12 of this Chapter and contains the information needed to make an informed determination as to whether the requirements established by this Chapter for approval of a minor site plan have been met, and
Meets the following conditions:
The construction of drainage facilities is not required either
on or off-site.
New building construction and/or building additions do not exceed
1,000 square feet of gross floor area.
The proposed development does not increase parking requirements
by more than five spaces.
The proposed development conforms to the performance standards set forth in Section 22-5.
The proposed development will not require the issuance of a
CAFRA Permit.
The proposed development does not involve planned development.
The proposed development does not involve any new street or
the extension of any existing street.
The proposed development does not involve the extension or construction
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
The proposed development does not involve the disturbance of
5,000 square feet or more of ground area.
Shall mean 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:
That curbs and sidewalks have been installed or that the developer
agrees to install and post performance guarantees for curbs and sidewalks,
or that curbs and sidewalks are not required due to specific conditions
in the area.
That the subdivision does not require the extension of municipal
facilities at the expense of the municipality.
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns of the basin in which the lots
are situated.
That the subdivision will not adversely affect the development
of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with any provision or
portion of the Master Plan, Official Map or this Chapter or that appropriate
variances have been obtained (or must be obtained as a condition of
approval).
That no portion of the lands involved have constituted a part
of a minor subdivision within three years preceding the application.
Shall mean a planned development which contains both residential
and nonresidential uses in a proportion permitted by the Chapter to
be developed in conformance with an approved plan establishing the
location, type, scale, and intensity of uses. A mixed use development
shall consist either of a mixing of uses in a single building or a
coordinated set of complementary buildings designed to maintain a
unified relationship and connected by pedestrian walkways.
Shall mean Municipal Land Use Law.
See Manufactured home.
Shall mean a hotel where each unit has convenient access
to a parking space or parking spaces for the use of the unit's occupants.
Shall mean a building or portion of a building or land, or
portion thereof, which is not primarily devoted to the retail sale
of gasoline or new or used automobiles or trucks, in which auto body
work or the overhauling or replacement of automobiles, automobile
parts, or any portion thereof, is conducted as a business for profit.
Shall mean 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
uses shall be prohibited.
Shall mean 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.
Shall mean 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.
Shall mean the Planning Board when acting pursuant to N.J.S.A.
40:55D-1 et seq. and this chapter.
[Amended 5-18-1999 by Ord. No. 1258 ]
Shall mean N.J.S.A. 40:55D-1 et seq. (Ordinance 291, Laws
of N.J., 1975, as amended).
Shall mean the Borough of Keansburg.
Shall mean structures for which the "start of construction"
commenced on or after the effective date of this Chapter.
Shall mean pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include,
but not be limited to, pollutants from agricultural, silvacultural,
mining, construction, subsurface disposal and urban runoff sources.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of 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.
Shall mean 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.
Shall mean a use or activity which was lawful prior to the
adoption, revision, or amendment of 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.
Shall mean a school designed to provide daytime care of three
or more children from two to six years of age inclusive, and operated
on a regular basis.
Shall mean the specific purpose for which land or a building
is used, designed or maintained.
Shall mean the same as Certificate of Occupancy.
Shall mean located outside the lot lines of the lot in question,
but within the property (of which the lot is a part) which is the
subject of a development application or contiguous portion of a street
or right-of-way.
Shall mean 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.
Shall mean 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.
Shall mean the map, which 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.
Shall mean a map adopted by ordinance by the Governing Body
pursuant to N.J.S.A. 40:55D-32 et seq.
Shall mean located on the lot in question.
Shall mean a temporary storage area for a motor vehicle which
is located on a dedicated street right-of-way.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean 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.
Shall mean any parcel or area of land 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.
Shall mean any individual, family group, firm, association,
syndicate, cooperative or corporation having sufficient proprietary
interest in land which is the subject of a development proposal.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean the same as Garage, public.
Shall mean 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.
Shall mean 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.
Shall mean 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.
See Cartway.
Shall mean 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.
Shall mean any security, which may be accepted by the municipality
including cash; provided that the municipality shall not require more
than 10% of the total performance guarantee in cash, in lieu of a
requirement that certain improvements be made before the Municipal
Agency approves an application for development.
Shall mean 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.
Shall mean any material that permits full or partial absorption
of storm water into previously unimproved land.
Shall mean 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.
Shall mean oil or petroleum of any kind and in any form including
crude oils and derivatives of crude oils, whether alone, as sludge,
oil refuse or oil mixed with other wastes.
Shall mean 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.
Shall mean an area of a minimum contiguous size as specified
by this Chapter to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate commercial or office uses or both and any residential
or other uses incidental to the predominant use as may be permitted
by this Chapter.
Shall mean planned unit residential development, residential
cluster, or planned commercial development.
Shall mean an area with a specified minimum contiguous acreage
to be developed as a single entity according to a plan containing
one or more residential clusters, which may include appropriate commercial,
or public or quasi-public uses all primarily for the benefit of the
residential development as may be specified in this Chapter.
Shall mean the municipal Planning Board established pursuant
to N.J.S.A. 40:55A-76 and when it is acting pursuant to N.J.S.A. 40:55D-76.
[Amended 5-18-1999 by Ord. No. 1258 ]
Shall mean the licensed New Jersey Professional Engineer
specifically retained by the Planning Board or assigned by the Borough
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 Borough Engineer may assume the
duties of the office.
Shall mean a map or maps of a subdivision or site plan.
Shall mean 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".
Shall mean the plat 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".
Shall mean 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.
Shall mean 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.
Shall mean a lot or tract of land or any combination thereof
held under a single ownership or control.
Shall mean the primary or principal purpose for which a building,
structure or lot is used.
Shall mean the office of a member of a recognized profession,
which shall only include the office of doctors or physicians, psychologists,
dentists, optometrists, ministers, architects, professional engineers,
professional planners, land surveyors, lawyers, artists, authors,
attorneys, musicians, accountants, and insurance agents and real estate
brokers with five or fewer brokers or sale agents.
Shall mean a building, the occupancy of which is limited
to professional offices.
Shall mean 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.
Shall mean a sign other than a facade sign suspended from
or attached to a building or wall in a manner which is other than
parallel to the said building or wall, including a sign hung under
the canopy.
Shall mean (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.
Shall mean a Master Plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of storm water 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
nonpoint pollution.
Shall mean 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 conservational
uses.
Shall mean the majority of the full authorized membership
of a Municipal Agency.
Shall mean any natural or artificially produced substance
or combination of substances which emits radiation spontaneously.
Shall mean a method of runoff calculation.
Shall mean the replenishment of underground water reserves.
Shall mean 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.
Shall mean an area to be developed as a single entity according
to a plan containing residential housing units which have a common
or public open space area as an appurtenance.
Shall mean 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.
Shall mean a residential redevelopment which replaces substandard
buildings with new construction in accordance with a plan approved
as a conditional use by the Borough of Keansburg Planning Board.
Shall mean 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.
Shall mean 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.
Shall mean (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 or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
by other instrument.
Shall mean 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.
Shall mean a pond, pool or basin used for the permanent storage
of water runoff.
Shall mean a facing of stone, concrete, etc., built to protect
a scarp, embankment, or shore structure against erosion by wave action
or current.
Shall mean 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.
Shall mean the same as boarding or lodging house.
Shall mean naturally occurring or man-made accumulations
of sand in ridges or mounds landward of the beach.
Shall mean 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.
Shall mean the same as Educational use.
Shall mean a structure or planting consisting of fencing,
berms, and/or evergreen trees or shrubs providing a continuous view
obstruction within a site or property.
Shall mean the Soil Conservation Service.
Shall mean a wall or embankment to resist encroachment of
the sea.
Shall mean the same as Accessory use.
Shall mean 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.
Shall mean a barrier or dam built at suitable locations to
retain rock, sand, gravel, silt or other materials.
Shall mean the transport and depositing of solid material
by water.
Shall mean an underground system with a septic tank used
for the decomposition of domestic wastes.
Shall mean a water-tight receptacle that receives the discharge
of sewage.
Shall mean the horizontal distance between a building or
structure and any front, side or rear lot line, measured perpendicular
to such lot lines at the point where the building is closest to such
lot lines.
Shall mean the line beyond which a building shall not extend
unless otherwise provided in this Chapter.
Shall mean any pipe conduit used to collect and carry away
sewage or storm water runoff from the generating source to treatment
plants or receiving streams.
Shall mean a tree in a public place, street, special easement,
or right-of-way adjoining a street.
See Lot shape requirement.
Shall mean an integrated development of such uses as retail
stores and shops, personal service establishments, professional and
business offices, banks, post offices, restaurants, and auditoriums,
housed 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. If more than 25%
of the total floor area is occupied by a nonretail use which has off-street
parking requirements greater than those required for a shopping center,
then off-street parking for the center shall be the same as the required
minimum for the nonretail use plus the required minimum for the balance
of the shopping center floor area.
Shall mean the graded part of the right-of-way that lies
between the edge of the main pavement (main traveled way) and the
curbline.
Shall mean a paved path provided for pedestrian use and usually
located at the side of a road within the right-of-way.
Shall mean 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.
Shall mean any writing (including letter, work or numeral),
pictorial presentation (including illustration), decoration (including
any material or color forming an integral part of other sign elements
or used to differentiate such decoration from its background, emblem
(including device, symbol or trademark), flag (including banner, balloon
or pennant), or any other device, figure, logo, or similar character
which:
Is located and maintained as a freestanding structure or any
part of a structure, or located and maintained on a building or other
structure or device by being placed, installed, attached, affixed,
fastened, pasted, posted, painted, printed, nailed, tacked or in any
other manner thereon or thereto; and
Is used to announce, direct attention to, identify or advertise;
and
Is visible from outside any building or structure; and
Is illuminated or nonilluminated.
Shall mean the area made available by a sign structure for
the purpose of displaying a message.
Shall mean the horizontal distance between a sign measured
from the nearest portion of the sign, and any front, side or rear
lot line.
Shall mean any sign that is displayed upon, against or through
any material or color surface or backing that forms an integral part
of such display and differentiates the total display from the background
against which it is placed.
Shall mean any word, letter, emblem, insignia, figure or
similar character, or group thereof, that is neither backed by, incorporated
in or otherwise made part of any larger display area.
Shall mean that portion of a building fronting on a public
roadway or public parking facility extending from the finished grade
of the building to the bottom of the lowest second floor window sill
or to a height of 20 feet whichever is less, and along the entire
length of the building which fronts the public street or public parking
facility.
Shall mean any plot, parcel or parcels of land.
Shall mean 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.
See Concept plan.
Shall mean all unconsolidated mineral and organic material
of any origin and overlies bedrock and which can be readily excavated.
Shall mean a mixture of portland cement and locally available
soil. It serves as a soil stabilizer.
Shall mean the Freehold Soil Conservation District, a governmental
subdivision of the State which was organized in accordance with the
provisions of Chapter 24, Title 4, N.J.S.A. 4:24-2 et seq.
Shall mean garbage, sludge, refuse, trash, rubbish, debris
or other discarded solid materials.
Shall mean turf, or earth (soil), strengthened usually by
the mixing of cement or lime with the original material to achieve
increased strength, thereby reducing shrinkage and movement.
Shall mean (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.
Shall mean areas where the average slope exceeds 8% which,
because of this slope, are subject to high rates of storm water run-off
and erosion.
Shall mean a provision for storage of storm water runoff
and the controlled release of such runoff during and after a flood
or storm.
Shall mean a provision for storage of storm water runoff.
Shall mean that portion of a building between a floor and
ceiling, excluding cellars.
Shall mean 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.
Means those areas which include the floodway and permanent
channel of brooks and streams.
Shall mean any street, highway, avenue, boulevard, road,
parkway, viaduct, alley, drive, or other way (1) which is an existing
State, County 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, 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 of 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.
Shall mean a street that has its only ingress and egress
at two points on the same subcollector or collector street.
Shall mean 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.
Shall mean man-made, above-ground items that are usually
found in street rights-of-way, including benches, kiosks, plants,
canopies, shelters, and phone booths.
Shall mean 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.
Shall mean 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.
Shall mean 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, curb line, or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Borough of Keansburg, 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.
See Improved street.
Shall mean any activity which removes or significantly disturbs
vegetated or otherwise stabilized soil surface, including clearing
and grubbing operations.
Shall mean the same as Alterations.
Shall mean 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 and including, among other things:
display stands; fences and walls, gasoline pumps, gates and gate posts,
mobile dwellings, outdoor bins, pergolas, platforms, pools, porches,
reviewing stands, sales stands, signs, stadiums, staging, standpipes,
tanks of any kind, tents, towers of any kind, including radio and
television towers and antennae trellises. The word "structure" shall
be construed as though followed by the words "or part thereof."
Shall mean any person or legal entity commencing proceedings
under this Chapter to effect the subdivision of land hereunder.
Shall mean 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 act, 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 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."
Shall mean 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.
Shall mean the natural ground lying beneath a road.
Shall mean 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.
Shall mean 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.
Shall mean a swimming pool located on a single family lot
with a residence on it and used as an accessory to the residence,
and said pool is utilized with no admission charges and not for the
purpose of profit.
Shall mean the same as Swimming pool, commercial.
Shall mean lands which are washed by tidal flows in accordance
with the N.J.D.E.P. Tideland Council maps which are on file with the
N.J.D.E.P. and Borough Clerk.
Shall mean the original upper layer of soil material to a
depth of six inches which is usually darker and richer than the subsoil.
See Dwelling, townhouse.
Shall mean 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 is interchangeable with the words, "development
area," "site" and "property."
Shall mean a typed or printed verbatim record, or reproduction
thereof, of the proceedings of the Municipal Agency.
Shall mean a single or one-way vehicle movement to or from
a 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.
Shall mean the Urban Land Institute.
Shall mean the New Jersey Uniform Construction Code. N.J.S.A.
40A:12-27 (5.23-1.1 et seq.)
Shall mean the United States Coast and Geodetic Survey.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean any sign which is affixed to an exterior wall
of any building, not projecting more than one foot beyond the building
wall.
Shall mean 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.
Shall mean a channel or canal for the conveyance of water,
particularly drainage lands.
Shall mean 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.
Shall mean 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 adapted. This definition shall include,
but is not limited to, all the mapped New Jersey State Wetlands.
Shall mean a sign which is part of or affixed or attached
to the interior or exterior of a window or otherwise part of a window
and located within 18 inches of the interior of the window and which
can be seen from a public street or public parking facility.
Shall mean 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.
Shall mean an open space which lies between a principal building
or building group, for the full length of the lot and the nearest
lot line. A yard is to be unoccupied and unobstructed from the ground
upward except as herein permitted. All yards will be identified as
either front yard, side yard, or rear yard.
Shall mean a yard extending across the full width of the
lot and lying between the front line of the lot and the nearest line
of the building. The depth of the front yard shall be measured at
right angles to the front line of the lot.
Shall mean a yard extending across the full width of the
lot and lying between the rear line of the lot and the nearest line
of the building. 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.
Shall mean an open, unoccupied space between the side line
of the lot and the nearest line of the building 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.
Shall mean the same as District.
Shall mean the municipal official designated to enforce the
provisions of this Chapter.
Shall mean the same as Development permit.
[Ord. #1045, § 3.1; Ord. #1258, § 1]
a.
Establishment. The Planning Board presently in existence pursuant
to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members
of the following four classes and two alternates:
Class I. 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
and confirmed by the Council.
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. A 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 a Class IV 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 for nine member
Planning Boards as prescribed by N.J.S.A. 40:55D-23. Alternate members
shall be designated by the Mayor at the time of appointment as "Alternate
No. 1 and Alternate No. 2."
The Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of section 57 of P.L. 1975 c.291 (C.40:55D-70).
b.
Terms. The term of the member composing Class I shall correspond
to his 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 member who is also a member of the Environmental Commission.
The term of a Class IV member who is also a member of the Environmental
Commission shall be for three years or terminate at the completion
of his term of office as a member of the Environmental Commission,
whichever comes 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 as determined by resolution
of the Borough Council, 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 members shall
be appointed for terms of four years, except as otherwise herein provided.
All terms shall run from July 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 discussions of the proceedings,
but may not vote except in the absence or disqualification of a regular
member of any class. 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.
c.
Conflicts. 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.
d.
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.
e.
Removal. Any member other than a Class I member, may be removed by
the Borough Council for cause. The member, if he requested, shall
be afforded a public hearing before the Borough Council prior to removal.
f.
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 or may not be a member of the Planning Board or a municipal
employee.
g.
Planning Board Attorney. There is hereby 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.
h.
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 gifts or
grants, the amount appropriated by the Borough Council for its use.
i.
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:
1.
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.
2.
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.
3.
To grant exceptions from certain requirements for subdivision and
site plan approval pursuant to N.J.S.A. 40:55D-51.
4.
To approve conditional use applications in accordance with the provisions
of this Chapter and pursuant to N.J.S.A. 40:55D-67.
5.
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 reasons 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.
6.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
7.
To assemble data on a continuing basis as part of a continuing planning
process.
8.
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.
9.
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 Planning Board:
[Amended 5-18-1999 by Ord. No. 1258 ]
(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 C. 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. 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.
[Amended 5-18-1999 by Ord. No. 1258 ]
j.
Citizens Advisory Committee. The Mayor may appoint one or more persons
as a Citizens Advisory Committee 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.
k.
Environmental Commission. Whenever the Environmental Commission has
prepared and submitted to the Planning Board an 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.
l.
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.
[Ord. #1045, § 3.2; Ord. #1063, § II;
Ord. #1258, § 1]
a.
Zoning Powers of the Planning Board.
1.
The Planning Board shall have the power to:
(a)
Hear and decide appeals where it is alleged by the appellant
that there is an 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 Planning Board may be taken by an interested
party. Each appeal shall be taken within the 20 days prescribed by
N.J.S.A. 40:55D-72 by filing a notice of appeal with the officer from
whom the appeal was taken, together with three copies of said notice
with the Administrative Officer. Said notice of appeal shall specify
the grounds for said 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 form whom the appeal is taken certifies to the Planning Board
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 Planning Board or by the Superior Court of New Jersey
on application or notice to the officer whom the appeal is taken and
on due cause shown.
(3)
The Planning Board 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, requirement, decision or determination appealed
from, and make such other requirement, decision or determination as
ought 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:
(i)
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 specified 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.
(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;
(5)
An increase in the permitted density 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.
No variance or other relief may be granted under the terms of
N.J.S.A. 40:55D-70d unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purposes of the zone plan and this Chapter.
An application under this section may be referred to any appropriate
person or agency, provided such reference shall not extend the period
of time within which the Planning Board shall act.
2.
The Planning Board shall have the power to grant 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 Planning Board 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 Planning Board. 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 purposes 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.
3.
The Planning Board 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 drainageway, flood control basin
or public area reserved on the official map.
4.
The Planning Board 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.
b.
Reports. The Planning Board 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 Planning Board
shall send copies of the report and resolution to the Borough Council
and the Planning Board.
c.
through l. (Reserved)
[Ord. #1045, § 3.3; Ord. #1258, § 1]
a.
Meetings.
1.
The 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 cancelled for lack of applications for development to process.
2.
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.
3.
No action shall be taken at any meeting without a quorum being present.
4.
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.
5.
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.
6.
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-1 et seq.
b.
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 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.
c.
Hearings.
1.
Required Hearings. The Planning Board shall hold a hearing on each
application for development.
2.
Rules for Conducting Hearings. The Planning Board 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.
3.
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
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.
4.
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.
5.
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.
6.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
7.
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 Planning Board pursuant to N.J.S.A.
40:55D-70d; up to a maximum amount as specified by the ordinance.
[Amended 5-18-1999 by Ord. No. 1258 ]
8.
Transcript Charge. The Municipal Agency in furnishing a transcript
of the proceeding to an interested party at his expense shall not
charge such interested party more than the maximum permitted in N.J.S.A.
2A:11-15 as amended. Said transcript shall be certified in writing
by the transcriber to be accurate.
9.
Voting Eligibility: A member or alternate member of a Municipal Agency
who was held 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,
and certifies in writing to the Municipal Agency that he or she has
read such transcript or listened to such recording.
d.
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:
1.
Public notice of a hearing on an application for development shall
be given for all of the following:
2.
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.
3.
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 said 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 said 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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
Notice pursuant to paragraphs d, 4; d, 5; d, 6 and d, 7 of this subsection
shall not be deemed to be required, unless public notice pursuant
to paragraphs d, 1 and d, 2 and notice pursuant to paragraph d, 3
of this subsection are required.
12.
List of Property Owners Furnished. Upon the written request of an
application, the Tax Assessor shall, within seven days, make and certify
a list from said current tax duplicates of names and addresses of
owners to whom the applicant is required to give notice pursuant to
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
of $10 shall be charged for such list.
e.
Decisions. Each decision on any application for development shall
be reduced to writing and shall include findings of facts and conclusions
based thereon.
1.
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 said 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.
2.
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.
3.
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.
(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.
4.
Copies of the decision shall be distributed by the Administrative
Officer (Planning Board 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.
5.
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 Secretary).
Nothing herein shall be construed as preventing the applicant from
arranging such publication if 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 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.
f.
Conditional Approvals.
1.
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.
2.
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. 40:55D-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.
3.
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.
4.
The Municipal Agency may impose such other conditions as it deems
appropriate.
5.
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.
6.
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 said development, the running of
the period of approval shall be suspended for the period of time said
legal action is pending or such directive or order is in effect.
h.
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 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 said 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.
i.
Appeals. Any interested party may appeal the decision of the Planning
Board granting final approval to an application for development pursuant
to N.J.S.A.40:55D-70.d to the Borough Council. Such appeal shall be
made in accordance with the provisions of N.J.S.A. 40:55D-17.
j.
Time for Decision. After the date an 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
|
45
|
|
(10 acres or less, 10 units or less)
| |
|
Preliminary Approval
|
95
|
|
(more than 10 acres or 10 units)
|
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
|
120
|
|
Direction for issuance of a building permit
|
120
|
k.
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
j above.
l.
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 with 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 and 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 22-4.
[Ord. #1045, § 3.4; Ord. #1258, § 1;
Ord. #1410, § 1]
a.
Development Permit.
1.
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 expanded
or relocated sign;
(d)
Application for and/or issuance of any permit for erection of
a fence;
(e)
Any change in use or occupancy (as herein defined);
(f)
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;
(j)
The excavation, removal, or addition of soil or fill to or from
any site exceeding 10 cubic yards.
2.
An application for development permit shall be in writing by the
owner or his authorized agent and include the following:
(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 relocation
to street and lot lines.
(d)
The proportion of existing and proposed lot coverage.
(e)
The location of any wetlands, easements, or floodplains.
3.
The Administrative Officer (Zoning Officer) shall take action on
a complete application for a development permit within 45 days of
its submission.
4.
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 (C.A.F.R.A.) 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 U.S. Army Corps of Engineers and U.S.
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.
(l)
The Keansburg Municipal Utilities Authority.
(m)
The Bayshore Regional Sewerage Authority.
5.
Prior to the issuance of a development permit, the applicant shall
have secured all approvals required by this Chapter and shall have
met any and all conditions of any Municipal Agency approval.
6.
A fee of $25 shall be paid to the Borough of Keansburg with the submission
of a development permit application.
b.
Certificates as to Approval of Subdivision of Land.
1.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision three years preceding the effective
date of 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.
2.
The Administrative Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
c.
Construction Permit.
1.
No construction permit shall be issued unless the applicant shall
have first secured a development permit.
2.
No building or structure shall be erected, added to, or structurally
altered until a permit thereon has bee issued by the Construction
Official. All applications for such permits shall be in accordance
with the requirements of the New Jersey State Uniform Construction
Code.
[N.J.S.A. 5:23-2.14]
d.
Certificate of Occupancy.
1.
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.
2.
New Uses. 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.
3.
Existing Uses at the Time of Passage of this Chapter[1] 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 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 Administrative Officer within
one year of the adoption of the chapter or the amendment or at any
time to the Planning Board and shall be accompanied by the established
fee. A denial by the Administrative Officer shall be appealable to
the Planning Board pursuant to N.J.S.A. 40:55D-72 et al.
4.
Change of Use. 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
or use is not a "Change in use" and that the applicant has met the
requirements of the applicable regulations.
5.
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.
6.
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.
e.
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.
[Ord. #1045, § 3.5; Ord. #1258, § 1]
a.
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.
b.
The Administrative Officer 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, Code Enforcement Officer, Construction
Official and Engineer at the same time it is filed with the Borough
Council.
[Ord. #1045, § 3.6]
The duty of administering and enforcing the provisions of this
Chapter is hereby conferred upon the Zoning Officer, who shall have
such powers as are conferred by this Chapter, and as reasonable 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.
[Ord. #1045, § 3.7]
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.
[Ord. #1045, § 3.8]
Ordinance No. 797, entitled the Zoning Board of Keansburg, as
amended, is hereby repealed in its entirety and any portions of other
ordinances which contain provisions inconsistent with this Chapter
are hereby 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.
[Ord. #1045, § 3.9]
a.
For any and every violation of the provision 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 subject to a fine of not more than
$500 or be imprisoned for a term not exceeding 90 days, or both.
b.
It shall be a violation of the provisions of this Chapter to:
1.
Engage in any of the activities referred to in subsection 22-3.4a prior to issuance of a development permit.
3.
Engage in any of the activities referred to in subsection 22-7.3 paragraphs a, b and c prior to issuance of a Development Permit.
4.
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.
6.
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.
7.
Fail to observe any direction of the Administrative Officer or his
designee with regard to the correction, including any 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.
8.
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 22-7, Section 22-8, and Section 22-9 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. Other activities prohibited by or failure to engage
in other activities required by this Chapter shall also be considered
violations.
c.
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 not to
exceed $1,000 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:
1.
For injunctive relief; and
2.
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, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
d.
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.
e.
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 or 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 a fine not to exceed $500 or to imprisonment for not
more than 90 days. 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.
[Ord. #1045, § 3.10]
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.
[Ord. #1045, § 3.11]
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.
[Ord. #1045, § 3.12]
a.
After the effective date of the ordinance adopting this Chapter,[1] 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 a 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.
b.
All applications for development filed prior to the effective date
of this Chapter may be continued, subject to the following:
1.
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.
2.
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 upon pursuant to the procedures heretofore
in effect at the time of such application.
3.
All approvals granted after the effective date of this Chapter shall
confer upon the applicant all the rights set forth in this Chapter.
[Ord. #1045, § 3.13]
Upon adoption of 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.
[Ord. #1045, § 3.14; Ord. #1063, §§ III,
IV; Ord. #1533; Ord. No. 1590]
The developer shall, at the time of filing an application, pay
a nonrefundable fee to the Borough of Keansburg 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
fee to be paid shall be the sum of the fees for the component elements
of the plat or plan. Proposals requiring a combination of 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 fees for an informal review or for the review of
a request for a change of the master plan or development regulations
shall be a credit toward fees for review of the 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.
a.
Application for Development Permit: $10.
e.
Major Site Plan Approval:
1.
Each Informal Review: $300.
2.
Preliminary Application Fee: $300.
3.
Preliminary Approval Review Fees.
(a)
(b)
Other Uses: The sum of $100 plus
(1)
For each full 1,000 square feet of lot area $20.
(2)
For each full 500 square feet of proposed new gross floor area
$20.
(3)
For each proposed new or additional parking space $25.
(4)
For each 1,000 square feet of remodeled existing gross floor
area, plus $10.
(5)
For each reconstructed, resurfaced or improved existing paved
parking space, plus $15.
(6)
For each proposed free standing sign $50.
4.
Final Approval: 50% of the fees for preliminary approval noted above.
f.
g.
Conditional Uses: $250.
h.
Public Hearing:
For those development applications which require public notice
and hearing: $50
i.
Reproduction of Records:
Duplication of tape recordings: $75/meeting
j.
Change of Master Plan or Zone Request Application:
k.
Environmental Impact Report (EIR):
|
For those development applications which require review of an
EIR
|
$400
|
|
List of property owners furnished - or $10, whichever is greater
|
$0.25 per name
|
l.
Refundable Application Escrow Fees. The fees required by this subsection
shall be for the purpose of reimbursing the Borough for direct fees,
costs, charges and expenses of an extraordinary nature made by the
professional consultants retained by or on behalf of the Borough and/or
its boards, commissions or agencies in reviewing, testifying and/or
assisting the Borough in the evaluation, planning and proper design
of municipal services and facilities necessary to accommodate the
present or anticipated needs of a proposed development. Said refundable
application escrow fee shall be calculated at three times the total
application fee.
1.
The Municipal Agency shall require escrow fees for applications seeking
approval for 10 or more lots, or for 10 or more dwellings; or for
10,000 or more square feet of floor area.
If an escrow fee is required, charges and expenses of an extraordinary nature made by professional consultants will be considered to be those costs which exceed 50% of the non-refundable application fees posted pursuant to subsection 22-3.14l. Such charges and expenses of an extraordinary nature incurred as a direct or indirect result of a development application may be charged to the Refundable Application Escrow Fees.
2.
Within 45 days after filing of an application for development, the Municipal Agency may, in conjunction with appropriate representatives of the staff of the Borough review any application for development to determine whether the escrow amount set forth in subsection 22-3.14l hereof is required and/or adequate. In conducting such review, the Municipal Agency shall consider the following criteria:
(a)
The presence or absence of public water and/or sewer servicing
the site.
(b)
Environmental considerations, including but not limited to geological,
hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer and/or
water quality.
(e)
Unusual features of the application including design complications,
alternates, multiple revisions, uniqueness of designs and other factors.
Upon completion of the review and within the forty-five-day
period, the Municipal Agency shall adopt a resolution specifying whether
the escrow amount specified is required and/or sufficient, excessive
or insufficient. In the event the Municipal Agency shall determine
that the amount is excessive, it shall in the resolution, specify
the amount that shall be deemed sufficient, including a specification,
if appropriate, that no escrow be posted. The Municipal Agency's failure
to adopt a Resolution within the forty-five-day period, or such extension
as may be consented to by the applicant, shall be considered a determination
that no escrow is required. A determination that no escrow is required
shall not prevent the Municipal Agency from requiring an escrow upon
a future revision or amendment of an application or upon a finding
by the Municipal Agency that information disclosed subsequent to the
original forty-five-day period requires the provision of an escrow.
In the event the Municipal Agency shall determine the amount specified
above is insufficient, it shall so specify and shall set forth the
amount required to be posted in light of the criteria specified herein.
Prior to an application being determined complete, the applicant shall
post the required escrow amount as set forth in the Municipal Agency's
Resolution as provided for above, with the Administrative Officer
in the form of cash, certified check or money.
3.
If, during the pendency of an application, the amount of the escrow
account has been depleted to 20% of the original escrow amount, the
Administrative Officer shall notify the Municipal Agency. The Municipal
Agency shall again evaluate the application, as provided for above,
and notify the Administrative Officer and applicant shall immediately
deposit the additional escrow amount with the Administrative Officer
and notify the Municipal Agency that the required deposit has been
made. In the event that it is necessary for a Municipal Agency to
take action on an application prior to the additional escrow deposit
being made, any approval shall be conditioned upon the escrow deposit
being made.
4.
Upon request of an applicant, the Administrative Officer shall furnish
the applicant with a statement of all disbursements made during the
development review process. All bills, invoices or vouchers submitted
by professionals or experts relating to an application shall specify
the services performed for said application. Unit charges (i.e. per
diem or hourly fees) of the professional or experts shall be in accordance
with unit charges contracted for with the Municipal Agency or with
the Borough. All escrow funds not expended shall be refunded to the
applicant within 60 days after the applicant requests a refund, provided
the Municipal Agency has taken final action on an application, or
the application has been withdrawn or dismissed.
5.
Whenever the amount of the fees paid to the Borough pursuant to this
section exceeds $5,000 the Borough shall notify the applicant in writing
of the name and address of the depository and the amount of the deposit.
If the amount of interest earned on the cash deposit exceeds $100
per annum, that entire amount shall belong to the applicant/developer
and shall be refunded to him by the Borough annually or at the time
the deposit is repaid or applied to the purposes for which it was
originally deposited, as the case may be, except that the Borough
may retain for administrative expenses not more than 33 1/3%
of the entire interest amount.
6.
Refundable Application Escrow Fees. Development applications involving
residential and nonresidential construction will be subject to all
escrow determined by adding the residential and nonresidential components
shown below:
|
Residential
|
Escrow
|
|---|---|
|
Minor Subdivision
|
$500
|
|
0 to 24 Units or Lots
|
$2,000
|
|
25 to 50 Units or Lots
|
$5,000
|
|
51 to 150 Units or Lots
|
$8,000
|
|
151 to 500 Units or Lots
|
$20,000
|
|
500+ Units or Lots
|
$30,000
|
|
Commercial Development
|
|
NOTE: Use the greater of the escrow amounts determined from
the floor area and parking space tables below:
|
|
Escrow
| |
|---|---|
|
Based on Floor Area
| |
|
0 to 1,000 Square Feet, GFA
|
$500
|
|
1,001 to 10,000 Square Feet, GFA
|
$2,000
|
|
10,000 to 50,000 Square Feet, GFA
|
$4,000
|
|
50,001 to 100,000 Square Feet, GFA
|
$7,000
|
|
100,000 + Square Feet, GFA
|
$10,000
|
|
Based on Parking Spaces
| |
|
0 to 5 spaces
|
$500
|
|
6 to 25 spaces
|
$4,000
|
|
26 to 100 spaces
|
$10,000
|
|
101 to 500 spaces
|
$18,000
|
|
501+ spaces
|
$25,000
|
m.
Non-Refundable Inspection Fees:
1.
Minor Site Plan. No inspection fees shall be required for a minor
site plan unless bonded improvements are required as part of the site
plan approval. If a minor site plan requires bonded improvements an
inspection fee of $250 shall be paid by the applicant.
2.
Major Site Plan. Required inspection fees shall be paid prior to
issuance of a development permit or signing of a final plat or, when
authorization has been granted pursuant to the provisions of this
ordinance, prior to the start of construction of any improvements
before final plat approval. Such fees shall be paid for the section
or sections for which final approval has been granted or in which
the developer proposes to install improvements prior to final approval.
Inspection fees for major site plan shall be:
3.
Off-site Public Improvements in Connection with Site Plans or Subdivisions.
Inspection fees shall be the same as those required for major subdivisions.
4.
Major Subdivisions. Required inspection fees shall be paid prior
to issuance of a development permit or signing of a final plat, or
where authorization has been granted pursuant to the provisions of
this Chapter, prior to the start of construction of any improvements
before final plat approval. Such fees shall be paid for the lots in
the section or sections granted or in which the developer proposes
to install improvements prior to final approval.
Inspection fees for major subdivisions shall be determined from
the following table:
|
Amount of Performance Guarantee Estimate
|
Inspection Fees for Major Subdivision
|
|---|---|
|
Less than $200,000
|
10% of the Performance Guarantee Estimate ($1,000 minimum)
|
|
At least $200,000, but less than $1,000,000
|
$20,000 plus 7% of the excess over $200,000
|
|
At least $1,000,000 but less than $5,000,000
|
$76,000 plus 5% of the excess over $1,000,000
|
|
$5,000,000 or more
|
$276,000 plus 4% of the excess over $5,000,000
|
n.
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.
o.
Reproduction Fees. Costs for reproduction of plats, attachments,
maps or other supporting documentation shall be paid in full by the
requestor prior to release in accordance with current Borough requirements.
p.
Tax Map Revision Fees. A fee of $25 plus four $4 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 Planning Board and Borough
Engineer/Surveyor.
q.
Revised Plats. Any proposed revisions to a plat, including all supporting
maps and documents, previously approved by the Planning Board, which
approval is still in effect, shall require submission of a revised
plat and payment of fees in accordance with the following:
[Amended 5-18-1999 by Ord. No. 1258 ]
1.
Where changes in the plat are requested by the Planning Board 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.
2.
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 approval, which do not involve any additional
building or parking or significant change in the design of the site
or subdivision, an application fee of $50 will be required along with
sufficient copies of the plat incorporating the changes as may be
necessary for distribution.
3.
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 approval, which involved additional building
or parking or 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.
4.
Where the proposed changes involve a change in use and/or 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.
s.
Certificate as to Approval of Subdivision of Land $50.
t.
Certificate of Pre-existing Use $50.
u.
Grading Permit Application for Engineering Review of Individual Plot
House Location/Grading Plans for fill over 10 cubic yards $100.
v.
Site Plan Charges Computation for Partial Site Developments. In cases
where only a portion of a parcel of site are 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.
w.
Supervision.
1.
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.
2.
No less than five days prior in 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.
x.
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 improvements required by the provisions
of this Chapter, the developer shall deposit by cash or certified
check with the Borough Clerk an amount determined from the schedule
of inspection fees. Said 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 monies
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.
y.
Legal Reviews. When any development proposal given preliminary approval
by the Municipal Agency requires the review of a master deed, a certificate
of incorporation and by-law of any Homeowner's Association, the form
of unit deed to be utilized and all relevant documents required by
the condominium law or other applicable law and regulations and easements
and dedications, the applicant shall pay a fee at the rate of $85
per hour for such review prior to the applicant filing for final approval.
z.
Application Fees/Escrow Charges for Flood Plan Management.
1.
Application Fees. An application/appellant appealing the said decision
of the Borough Manager or his/her designee in the said regard shall,
at the time of the filing of the said appeal, be required to pay a
nonrefundable application fee to the Borough of Keansburg, in the
amount of $100.
2.
Refundable Escrow Charges/Fees. An applicant/appellant appealing
the said decision of the Borough Manager or his/her designee in the
said regard shall, at the time of the said appeal, be required to
post a potentially refundable escrow fee, made payable to the Borough
of Keansburg, in the amount of $500.
3.
The escrow charges required by the within paragraph z, which shall
be supplemented, as necessary, depending upon the nature/length/complication
of the request/appeal, shall be for the purpose of reimbursing the
Borough of Keansburg for its direct fees, costs, charges, and other
expenses of an extraordinary and/or routine nature made or performed
by the professional consultants retained by or on behalf of the Borough
and/or its boards, commissions, or agencies in reviewing, testifying,
and/or assisting the Borough/Board in reviewing and evaluating the
requested relief, the impacts of the same, and other matters associated
therewith. Charges in the said regard shall include, but not be limited
to, engineering fees, attorney fees, architectural fees, planning
fees, and the like. The escrow charges collected hereunder shall be
dispersed, released, and paid to the Borough's professionals in accordance
with the prevailing provisions of Borough procedure (as may be amended
from time to time) and in accordance with the prevailing requirements
of the New Jersey Municipal Land Use Law (as may be amended from time
to time).
4.
Upon conclusion of the appeal process, and upon the conclusion of
professional/consultant work associated therewith, any unused escrow
shall be returned to the appellant. Any such return or unused escrow
shall be effectuated in accordance with prevailing Borough procedure,
as may be amended from time to time.
[Ord. #1045, § 4.1; Ord. #1075, § III]
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:
a.
Subdivision of land.
b.
Issuance of a development permit or building permit.
c.
Commencement of any regulated use or activity, which includes:
1.
The erection, construction, alteration, repair, remodeling, conversion,
removal or destruction of any building or structures;
2.
The use or occupancy of any building, structure or land;
3.
The subdivision or resubdivision of any land;
4.
Any activity which entails the construction of any improvements or
the alteration of the natural condition of any land.
[Ord. #1045, § 4.2]
a.
At the request of the applicant, the Planning Board or the Subdivision
and Site Plan Committee 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
or Subdivision and Site Plan Committee input in the formative stages
of subdivision and site plan design.
b.
Applicants seeking concept plan informal review shall submit the items stipulated in Section 22-12 of this Chapter 24 days before the concept plan meeting. These items provide the developer and Planning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.
c.
A brief written summary of the concept plan review shall be provided
within 20 working days after the final meeting.
d.
The applicant will be charged the fee established for concept plan
review. The amount of any fees for such informal review shall be a
credit towards fees for review of the application for development.
e.
The applicant shall not be bound by any concept plan for which review
is requested, nor shall the Planning Board or Subdivision and Site
Plan Committee be bound by any such review.
[Ord. #1045, § 4.3]
a.
Assignment. The applicant shall have the option of filing an application
for development with the Administrative Officer or his designee to
determine 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 or his designee's determination shall be presumed to be correct.
The following applications may be filed:
1.
Exempt subdivision.
2.
Minor subdivision.
3.
Major subdivision.
4.
Minor site plan.
5.
Major site plan.
6.
Conditional use.
7.
Variance.
(Note: Certain applications may involve a combination of actions.)
The Board shall deny without prejudice a misfiled application
and the applicant may apply to the correct approving authority.
b.
Content. An application for development shall include the items specified in Section 22-12, Specification of Documents, 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.
c.
Complete Application.
1.
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 22-12, (2) the checklist has been provided in writing to the applicant, and (3) the Planning Board or 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 board 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 Planning Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the Chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary to 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 Planning Board.
2.
An applicant may appeal the Administrative Officer's decision concerning
completeness of an application to the board which has jurisdiction
to hear the application. The board shall have 45 days after receipt
of a written request to schedule a public hearing at which time the
board will determine if the application is complete. The board shall
affirm, modify, or reverse the decision of the Administrative Officer.
[Ord. #1045, § 4.4]
a.
In cases where a proposed development requires Planning Board action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70.c. or d. or for the direction of 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 Planning Board 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 22-12 of this Chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
[Amended 5-18-1999 by Ord. No. 1258 ]
b.
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 22-4.3c of this Chapter.
c.
The Planning Board shall render a decision not later than 120 days
after the date (1) an appeal is taken from the decision of an administrative
office or (2) the submission of a complete application for development
to the Planning Board (3) failure of the Board to render a decision
within one-hundred-twenty-day period or within such further time as
may be consented to by the applicant, shall constitute a decision
favorable to the applicant.
[Amended 5-18-1999 by Ord. No. 1258 ]
[Ord. #1045, § 4.5; Ord. #1063, § V]
a.
Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this Chapter shall submit to the Administrative Officer 15 copies of the items required in Section 22-12 of this Chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
b.
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 22-4.3c of this Chapter.
c.
If the subdivision or site plan is unanimously approved with at least
three members of the Subdivision and Site Plan Committee present and
voting (only those who are members or alternates of the Board having
jurisdiction to act, may vote), no further action shall be required
of the Planning Board as a whole. If the vote is not unanimous, or
if such committee has not been established, the minor subdivision
or site plan shall be referred to the Planning Board. If a variance
within the jurisdiction of the Planning Board is requested, the subdivision
or site plan shall not be referred to the Committee but instead to
the Planning Board as a whole.
d.
The action of the Subdivision and Site Plan Committee or the Planning
Board under this section must be taken within 45 days, or 120 days
if a variance is required of N.J.S.A. or within such further time
as is agreed to by the subdivider and the Board. Failure of the Planning
Board or Committee to act within the period prescribed shall constitute
minor subdivision or site plan approval and a certificate of the Administrative
Officer as to the failure of the Planning Board or Committee 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.
e.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, 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 Planning Board.
f.
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 of minor subdivision and site plan approval.
[Ord. #1045, § 4.6]
a.
Preliminary Approval of Major Subdivisions and Major Site Plans.
1.
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 22-12 of this Chapter.
2.
The application shall be declared complete within a forty-five day period from the date of its submission according to the provisions of subsection 22-4.3c of this Chapter.
3.
The Subdivision and Site Plan Committee, if established, shall review
the application and shall comment and make recommendations to the
Board.
4.
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 submissions, or 120 days if a variance is required,
or within such further time as may be consented to by the developer.
Otherwise, the Board shall be deemed to have granted preliminary subdivision
or site plan approval.
b.
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 d of this subsection, confer upon
the applicant the following rights for a three-year period from the
date of the preliminary approval as specified by N.J.S.A. 40:55D-1
et seq.:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot sizes; yard dimensions and off-tract improvements; and in the
case of a site plan, any requirements peculiar site plan approval
pursuant to N.J.S.A. 40:55D-41, 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;
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be; and
3.
That the applicant may apply for and Planning Board may grant extension
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.
4.
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
a, b, and c above 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.
5.
Where a developer plans to install the site improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements and the required fees and insurance certificate to the Municipal Engineer, 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 site 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 22-10.
c.
Final Approval of Major Subdivisions and Major Site Plans.
1.
An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer of the Planning Board, or other designee, 15 copies of the materials specified in Section 22-12 of this Chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board. 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 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 22-10 of this Chapter.
2.
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 22-4.6c,3 of this Chapter.
3.
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 Planning Board to act within the period
prescribed shall constitute final approval 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 purpose of filing subdivision plats.
4.
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 Planning
Board unless within such period the plat shall have been duly filed
by the developer with the County Recording Officer. The Planning Board
may for good cause shown, extend the period for recording for an additional
period not to exceed 190 days from the date of signing of the plat.
5.
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the chairman and secretary of the Planning Board of a certificate has been issued. The signatures of the chairman and secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Section 22-10 of this Chapter.
d.
Effect of Final Approval of Major Subdivisions and Major Site Plans.
1.
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 of final approval; 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 Planning Board may extend such period
of protection for extensions of one year, but not to exceed three
extensions.
2.
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 non-residential floor
area of 200,000 square feet or more, the Planning Board may grant
the rights referred to in paragraph a of this section for such period
of time, longer than two years, 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 final
approval, (2) economic conditions, and (3) the comprehensiveness of
the development. The developer may apply for thereafter, the Planning
Board may thereafter grant, and extension of final 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 final approval,
(2) the number of dwelling units conditions, and (3) the comprehensiveness
of the development.
[Ord. #1045, § 4.7; amended 5-18-1999 by Ord. No. 1258 ]
a.
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 provision shall apply to the application for approval
of the variance of 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.
b.
Whenever relief is requested pursuant to this section, 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.
c.
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 by 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.
d.
Whenever review or approval of the application by the County Planning Board is required by section 5 of P.L. 1968, c. 285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L. 1968, c.285 (C.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.
[Ord. #1045, § 4.8]
An applicant 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:
a.
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.
b.
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.
c.
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 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.
[Ord. #1045, § 5.1]
a.
Establishment, Authentication, Maintenance, and Revision.
1.
Zoning Map.[1] The locations and boundaries of the districts of the Borough
are hereby established as shown on the Zoning Map of the Borough of
Keansburg, New Jersey which is attached hereto and is hereby made
a part of this Chapter, together with all notations, references and
designations shown thereon and dated and amended as follows.
[1]
Editor's Note: The Zoning Map and Schedule of Zoning District
Regulations referred to herein are included as attachments to this
chapter. Ordinance Nos. 1403 and 1415 amended the Zoning Map by creating
Redevelopment Districts. These amendments may be found on file in
the office of the Borough Clerk.
2.
Schedule of Zoning District Regulations.[2] District regulations for zone districts within the Borough
of Keansburg are hereby established and are attached hereto and are
hereby made a part of this Chapter, together with all notations, references
and designations shown thereon.
[2]
Editor's Note: The Zoning Map and Schedule of Zoning District
Regulations referred to herein are included as attachments to this
chapter. Ordinance Nos. 1403 and 1415 amended the Zoning Map by creating
Redevelopment Districts. These amendments may be found on file in
the office of the Borough Clerk.
3.
Authentication of Official Zoning Map. Subsequent to the adoption
of this Chapter, and any revisions to the Zoning Map and Schedule
of Zoning District Regulations three (3) copies of the Zoning Map
shall be authenticated by the Mayor's signature, and the seal of the
municipality, attested by the Borough Clerk, under the following certificate:
"I certify that this is the Official Zoning Map of the Borough
of Keansburg, New Jersey, referred to in the Ordinances of the Borough
of Keansburg, New Jersey."
4.
Maintenance of the Official Zoning Map and Schedule. Authenticated
copies of the Official Zoning Map shall be maintained in the office
of the Borough Clerk and Zoning Officer 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. One authenticated copy
shall be forwarded to the Monmouth County Planning Board in accordance
with N.J.S.A. 40:55D-16. However, the original copy of the Official
Zoning Map and Schedule maintained in the office of the Borough Clerk
shall be the final authority as to the current status of zoning districts
in the Borough of Keansburg.
5.
Revisions to the Official Zoning Map and Schedule.
(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 not become effective
until the Zoning Map has been amended, with an entry bearing the date
of adoption, ordinance number, a brief description of the change(s)
and the name of the person responsible for the Zoning Map change.
(b)
Each revision shall be authenticated by the Mayor and attested
by the Borough Clerk. Each ordinance amending the Official Zoning
Map in any manner shall include the provision that it shall not take
effect until the Official Zoning Map has been amended in accordance
with these provisions.
(c)
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 Chapter.
b.
Interpretation of District Boundaries.
1.
Zone district boundaries are intended to follow street, lot or property
lines, or other natural lines such as the center line of water courses,
ditches or lagoons, unless such district or zone boundaries are fixed
by dimension on the Zoning Map or by description.
2.
In constructing 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 following railroad rights-of-way shall
be construed to be midway between the right-of-way lines.
(d)
Boundaries indicated as parallel to or extensions of features
indicated in paragraphs b,2(a) through b,2(c) 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.
(e)
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.
[Ord. #1045, § 5.2]
a.
The Borough of Keansburg is hereby divided into districts as follows:
|
R-7
|
Single Family Residential Zone District
|
|
R-5
|
Single Family Residential Zone District
|
|
R-5A
|
Residential Redevelopment Overlay District
|
|
RMF
|
Multi-Family Residential Zone District
|
|
RSC
|
Senior Citizen Residential Zone District
|
|
B-1
|
General Commercial Zone District
|
|
B-2
|
Mixed Use Commercial and Residential Zone District
|
|
B-3
|
Highway Commercial Zone District
|
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LI
|
Light Industrial Zone District
|
|
CR
|
Conservation Recreation Overlay District
|
b.
The regulations set forth in this Chapter for each district shall
be minimum regulations and shall apply uniformly to each class of
structure or land within the district, except as hereinafter provided.
c.
No building or structures 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 all of the regulations herein specified for the
district in which is it located.
d.
Every principal building shall be located on a lot as defined in
this Chapter. Except for multi-family and nonresidential uses no more
than one principal building and its accessory buildings shall hereafter
be erected on any one lot.
e.
No yard or lot existing at the time of passage of this Chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
Chapter shall meet the minimum requirements established by this Chapter.
[Ord. #1045, § 5.3]
a.
A permitted use and conditional use shall be specifically designated,
where appropriate, by the United States Office of Management and Budget
Standard Industrial Classification (S.I.C.) as found in the Standard
Industrial Classification Manual 1987. The standard nationally understood
terminology shall be utilized as definitions for interpreting what
is permitted under certain use categories in each zone district.
b.
Any use not specifically listed as a permitted use, an accessory
use or a conditional use shall be deemed a prohibited use. This provision
shall be liberally construed as protective of the zoning scheme and
any doubt shall be resolved in interpreting the doubtful use as prohibited.
[Ord. #1045, § 5.4; Ord. #1241]
The R-7 Single Family Residential Zone District is intended
to conserve established residential neighborhoods. The regulations
of this zone district have been drawn to assure that uses and resubdivisions
are compatible with neighborhood character and scale. The standards
have been drawn to restrict development intensity to levels which
the Borough deems necessary to neighborhood well being in accordance
with N.J.S.A. 40:55D-2(e).
a.
Permitted Uses and Structures.
1.
Detached single family dwellings.
2.
Municipal parks, playgrounds, and other governmental facilities as
are deemed necessary and appropriate by the Borough Council of Keansburg.
3.
Essential services.
4.
Community residences for the developmentally disabled and shelters
for victims of domestic violence.
c.
[Ord. #1045, § 5.5; Ord. #1241]
The R-5 Single Family Residential Zone District is intended
to conserve established residential neighborhoods of small lot development.
The regulations are drawn to assure that infill development, resubdivisions,
and future uses are compatible with neighborhood well being in accordance
with N.J.S.A. 40:55D-2(e).
a.
Permitted Uses and Structures.
1.
Detached single family dwellings.
2.
Municipal parks, playgrounds, and other such governmental facilities
as are deemed necessary and appropriate by the Borough Council of
Keansburg.
3.
Fraternal organizations and lodges (SIC 8641).
4.
Essential services.
5.
Community residences for the developmentally disabled and shelters
for victims of domestic violence.
c.
Permitted Accessory Uses and Structures.
1.
Customary accessory uses are subject to Section 22-7 provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located on the same lot as the principal building. Any swimming pool shall be of the in-ground variety.
[Ord. #1045, § 5.6; Ord. #1241]
The R-5A Residential Redevelopment Zone Overlay District encourages
residential redevelopment as a conditional use in areas identified
by the Borough Master Plan. These areas contain substandard housing
which because of condition, type, or design is not suited for rehabilitation.
The Overlay District allows R-5 single family development as a permitted
use and allows certain types of attached housing as a conditional
use at increased densities when it replaces substandard housing. The
attached housing must conform to conditions for design, density, and
open areas.
a.
Permitted Uses and Structures.
1.
Detached single family dwellings.
2.
Municipal parks, playgrounds, and other governmental facilities as
are deemed necessary and appropriate by the Borough Council of Keansburg.
3.
Essential services.
4.
Community residences for the developmentally disabled and shelters
for victims of domestic violence.
c.
Permitted Accessory Uses and Structures.
[Ord. #1045, § 5.7; Ord. #1063, § IX;
Ord. #1241]
The RMF Residential Multi-Family Zone District has been applied
to areas where low rise multi-family development is the characteristic
building type. It is the intent of the Borough to restrict multi-family
development to these locations except as otherwise provided for by
these zone district regulations in accordance with the recommendations
of the Master Plan.
a.
Permitted Uses and Structures.
c.
Permitted Accessory Uses and Structures.
[Ord. #1045, § 5.8; Ord. #1063, § VI]
The RSC Senior Citizen Residential Zone District has been applied
to locations where mid-rise multi-family buildings whose occupancy
is restricted to senior citizens is the characteristic land use. These
locations are easily accessible to community facilities, services,
shopping, and public transportation routes.
c.
Permitted Accessory Uses and Structures.
[Ord. #1045, § 5.9; Ord. #1105, § 1;
Ord. #1118, § 1; Ord. #1241; Ord. #1543; Ord. #2015-1562;
Ord. #2015-1572]
a.
Purpose. The B-1 General Commercial Zone District provides for locations
where retail and service activity should be concentrated to serve
the needs of Borough residents. The General Commercial Zone District
are established commercial locations that may also contain single
family residences. Conversion of single family dwellings to commercial
uses should be permitted only when such conversions comply with standards
for commercial development, particularly off-street parking.
b.
Permitted Uses and Structures.
1.
Professional office.
2.
Business office.
3.
Financial institutions.
4.
Retail trade limited to the following:
(a)
Paint, glass, and wallpaper stores (SIC 5231).
(b)
Hardware stores (SIC 5251).
(c)
Variety stores (SIC 5331).
(d)
General merchandise stores (SIC 53).
(e)
Food store (SIC 54).
(f)
Apparel and accessory stores (SIC 56).
(g)
Home furniture furnishings and equipment stores (SIC 57).
(h)
Drug stores (SIC 5912).
(i)
Liquor stores (SIC 5921).
(j)
Miscellaneous shopping goods stores (SIC 594).
(k)
Florists (SIC 5992).
(l)
News dealers and newsstands (SIC 5994).
(m)
Tobacco stores (SIC 5993).
(n)
Optical goods stores (SIC 5995).
(o)
Miscellaneous retail stores (SIC 5999).
(p)
Eating and drinking places except for drive-ins (SIC 58).
Entertainment provided by dancers employed by the owner/tenant/or
patrons of such retail trade shall not be allowed as either a permitted
or accessory use in such establishments.
5.
Personal services limited to the following:
(a)
Dry cleaners and laundry services (SIC 7212 and 7216).
(b)
Photography studios (SIC 7221).
(c)
Beauty shops (SIC 7231).
(d)
Barber shops (SIC 7241).
(e)
Shoe repair shops (SIC 7251).
(f)
Tax return preparation services (SIC 7291).
(g)
Printing services.
(h)
Radio and television repair shops (SIC 7215).
(i)
Electrical repair shops (SIC 7629).
(j)
Watch, clock, and jewelry repair shops (SIC 7629).
(k)
Reupholsterers and furniture repair shops (SIC 7641).
(l)
Travel agencies (SIC 4724).
(m)
Coin-operated laundries (SIC 7215).
(n)
Photocopying and duplicating (SIC 7334).
(o)
Video tape rental (SIC 7841).
6.
Detached single family dwellings meeting the requirements of the
R-5 Zone District, except for single family homes located within Block
184, Lots 1 (formerly 1&2) and 3.
7.
Federal, State, County or municipal buildings and facilities as deemed
appropriate by the Borough Council.
8.
Essential services.
9.
Auctions subject to the provisions of Chapter 4-10 of the Revised
General Ordinances of the Borough of Keansburg.
10.
Community residences for the developmentally disabled and shelters
for victims of domestic violence.
d.
Permitted Accessory Uses and Structures.
[Ord. #1045, § 5.10; Ord. #1241; Ord. #1543]
a.
Purpose. The B-2 Mixed Use Commercial-Residential Zone District is
intended to encourage revitalization and economic development of a
commercial area oriented to the Raritan Bayfront. Major redevelopment
is supported through a conditional use provision that allows mixed
use commercial-residential development. Older commercial recreation
uses which are presently a characteristic land use within this zone
district are maintained as permitted uses.
b.
Permitted Uses and Structures.
1.
Any use permitted in the B-1 General Commercial Zone, except for
single family homes located within Block 184, Lots 1 (formerly 1&2)
and 3.
2.
Amusement parks.
3.
Amusement arcades.
4.
Marinas.
5.
Water transportation.
6.
Detached single family dwellings meeting the requirements of the
R-5 Zone District, except for single family homes located within Block
184, Lots 1 (formerly 1&2) and 3.
7.
Essential services.
8.
Community residence for the developmentally disabled and shelters
for victims of domestic violence.
d.
Permitted Accessory Uses and Structures.
[Ord. #1045, § 5.11; Ord. #1063, § VI;
Ord. #1105, § 2; Ord. No. 1156, § 1; Ord. No. 1241]
a.
Purpose. The B-3 Highway Commercial Zone District allows for retail
and service uses oriented to automobile circulation from New Jersey
State Highway 36. Conversion of existing single family dwellings within
this zone to commercial uses should be permitted only when access
arrangements and off-street parking comply with the standards for
commercial development. Only one of the above regulated uses shall
be allowed per block face.
b.
Permitted Uses and Structures.
[Ord. #1045, § 5.12]
a.
Purpose. The LI Light Industrial Zone District has been established
to allow for the development of light industrial, manufacturing, and
fabrication operation which will contribute to the diversity and health
of the community's economy. This has been and continues to be a location
for such uses.
b.
Permitted Uses.
1.
Contractor's shops and storage yards (SIC 152 and 154).
2.
Fuel dealers (SIC 598).
3.
Scientific or research laboratories.
4.
Wholesale business.
5.
Printing, publishing or bookbinding (SIC 27).
6.
Light manufacturing, fabrication and assembly uses.
7.
Limousine, taxi or car livery service.
8.
Mini-warehouses or storage facilities (SIC 4225).
9.
Municipal parks, playgrounds, and other governmental facilities as
are deemed necessary and appropriate by the Borough Council of Keansburg.
10.
Essential services.
[Ord. #1045, § 5.13]
a.
Purpose. The CR Conservation Recreation Overlay District has been
established to promote the conservation of valuable natural resources
and prevent environmental degradation. Moreover, it is intended to
coordinate with State procedures and policies shaping land development
which have been enacted through the Waterfront Development Act and
the Coastal Area, Facilities Review Act to control the destructive
development of beaches, dunes, and tidal wetlands. The CR Overlay
District regulates the use of these land forms to ensure that they
continue to secure the public safety from flood and other natural
disasters and meet the needs of all New Jersey citizens in accordance
with the purposes of the Municipal Land Use Law [N.J.S.A. 40:55D-2
(a), (b), (g), and (j)].
The boundary of the CR Zone District shall be interpreted to
include all areas of the Borough along the bayfront which extend from
the mean high water line landward to a line 125 feet landward of the
top of the dune construction alignment line defined by and shown on
the U.S. Army Corps of Engineers Construction Drawings entitled "Raritan
Bay and Sandy Hook Bay Beach Erosion and Hurricane Project dated February
15, 1966 drawings CC-RS-501 through CC-RS-527." The CR Zone District
shall include all wetlands regulated under the Wetlands Act of 1970
and as delineated on official maps as listed at N.J.A.C. 7:7-2.2.
b.
Permitted Uses.
1.
Passive or low intensity recreational uses such as swimming, fishing,
or boating which do not impact adversely on beaches, dunes, and wetlands.
2.
Municipal or County parks and open space.
3.
Docks, piers, moorings, marinas, boat launches and related water
dependant recreation or transportation facilities for which required
Waterfront Development Permits and Coastal Area Facility Review Act
Permits have been issued by the New Jersey Department of Environmental
Protection.
4.
Accessways to the waters edge provided such routes are limited and
do not impair the integrity of beaches, dunes or wetlands.
5.
Structures deemed necessary by the local, State, or Federal governments
for shore protection and flood prevention.
[Ord. #1045, § 6.1]
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.
[Ord. #1045, § 6.2]
The following shall apply to the review and approval of a conditional
use.
a.
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.
b.
Site plan approval shall be required unless otherwise specified in
this Chapter.
c.
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.
d.
The conditional use shall adhere to the additional standards specified
under this section for the particular use.
e.
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.
[Ord. #1045, § 6.3; Ord. #1063, § VII]
Places of worship may be permitted as a conditional use in those
zones specified provided that the use and/or structures shall adhere
to the following:
a.
The use shall adhere to the minimum standards of the particular zone
district or to the following standards, whichever is more restrictive:
b.
No accessory building shall be located closer than 30 feet to any
side or rear residential property line.
c.
The height of structures to be constructed may exceed the maximum
height requirements of this Chapter, provided, however, that the front,
rear and side yard requirements set forth above shall be increased
by two feet for each foot by which the height of the structure exceeds
the maximum height which would be otherwise permitted by this Chapter,
and further provided that in no case shall any proposed structure
exceed 50 feet in height.
[Ord. #1045, § 6.4]
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.
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.
b.
The design of any building in connection with such facility conforms
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.
c.
Adequate and attractive fences and other safety devices will be provided.
d.
Sufficient landscaping including shrubs, trees and lawn are provided
and will be periodically maintained.
e.
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 will be
permitted on the lot and a paved parking area is required.
[Ord. #1045, § 6.5]
Motor vehicle service stations 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.
The 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 structurre and accessory buildings
to be constructed, and the number of automobiles which are to be garaged.
b.
Motor vehicle service stations shall have a lot 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 precedent. No building shall be constructed closer than 50 feet
to any street line or closer than 25 feet to any lot line. Where a
filling station or public garage abuts a residential zone along a
side property line, the side yard setback for the filling station
or public garage shall be increased from 25 feet to 50 feet and a
twenty-five-foot width planting screen approved by the Planning Board
shall be provided along the entire side property line.
c.
No motor vehicle service station 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 centerline
of streets forming the shortest route from a point opposite the nearest
boundary from said public entrance to a point opposite the nearest
boundary of the service station lot.
d.
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.
e.
The nearest boundary line of the lot or parcel of land so to be used
shall be at least 100 feet measured in a straight line from the intersection
of any two streets designated as collector roads in the Keansburg
Master Plan.
f.
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 property lines.
g.
No vehicle shall be permitted to be standing or parked on the premises
of a motor vehicle service station other than those used by the employees
in the indirect or direct operation of the establishment, except for
the following: no more than five during working hours and no more
than three overnight. Overnight outdoor storage of more than three
vehicles shall be prohibited.
h.
All fuel tanks shall be installed underground.
i.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
j.
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.
k.
Coin operated service stations are not permitted.
l.
No auto body work shall be permitted.
m.
Illumination shall be such that no direct glare from the lights shall
fall upon adjoining streets or properties.
n.
Sale of new or used cars is prohibited.
o.
Accessory goods for sale may be displayed on the pump islands and
the building island only. The outside storage of oil cans and/or anti-freeze
and similar products may be displayed on the respective islands, if
provided for in a suitable metal stand or rack.
p.
The Planning Board shall determine that the planning of the lot is
properly 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.
q.
Signs shall conform to the requirements of the zone district.
[Ord. #1045, § 6.6]
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
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.
Convents, social halls and similar uses which are accessory to the
educational use shall be permitted.
b.
Nursery schools with an attendance of more than 25 children shall
be considered educational uses and shall be subject to the provisions
of this section.
c.
Nursery schools serving more than 25 children shall contain a minimum
lot area of three acres plus one acre for each 25 children or fraction
thereof.
d.
Elementary schools shall have a minimum lot area of five acres plus
one acre for each 25 students or fraction thereof.
e.
Secondary schools shall have a minimum lot area of 10 acres plus
one acre for each 25 students or fraction thereof.
f.
Educational uses shall be screened from adjacent residential zones
or existing residences adjacent to the site and/or shall provide fencing
along such property lines as may be deemed adequate by the Planning
Board.
g.
Minimum building setback shall be 50 feet.
[Ord. #1045, § 6.7]
Nursery schools serving more than five but not more than 25
children 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 zones and the following:
[1]
Editor's Note: Former subsection 22-6.8, Community Residence
for the Developmentally Disabled and Shelters for Victims of Domestic
Violence, previously codified herein and containing portions of Ordinance
No. 1045, was repealed in its entirety by Ordinance No. 1241.
[Ord. #1045, § 6.9; Ord. #1063, § VIII]
Residential redevelopment utilizing the dwelling types specified
in this section may be permitted as a conditional use in the R-5A
Zone provided that the use, buildings, and structures shall adhere
to the following:
b.
Bulk Requirements. All residential redevelopment shall conform to
the following requirements:
1.
Minimum area to be redeveloped: 10,000 square feet.
2.
Minimum frontage for the area to be redeveloped: 100 feet.
3.
Maximum density: One dwelling unit for each 2,000 square feet of
developable area and not to exceed one bedroom for each 850 square
feet of developable area.
4.
Maximum F.A.R.: 0.7.
5.
Maximum lot coverage: 60%.
6.
Minimum required open space: 40%.
7.
Maximum height 2 1/2 stories not to exceed 35 feet.
8.
Minimum front yard setback: 25 feet.
9.
Minimum rear yard setback:
Principal building: 25 feet.
Accessory building: 5 feet.
12.
Minimum side yard setback:
(a)
Principal building.
(1)
Detached single family - six feet provided that the combined
side yard shall not be less than 12 feet.
(2)
Semi-detached single family dwellings - eight feet except along
the common wall; there no setback is required.
(3)
Quadraplex dwelling: 10 feet.
(4)
Attached single family - Zero for interior units, 10 feet for
exterior units.
(5)
Townhouses: 15 feet.
(6)
Eight-plex dwelling: 15 feet.
(b)
Accessory buildings and structures: 5 feet.
13.
Minimum rear yard setback:
Principal building (all types): 25 feet.
Accessory building or structure: 5 feet.
14.
Other requirements:
Architectural and building design shall conform to the design
guidelines of subsection 22-8.4., Building Design Standards.
Minimum floor area shall conform to the requirements of subsection 22-8.4b,8.
Off-street parking shall adhere to the requirement of subsection 22-9.3a,2.
Common open space or common areas shall adhere to the requirements of subsection 22-8.7.
[Ord. #1045, § 6.10]
Mixed use commercial residential development may be permitted
as a conditional use in the B-2 Zone provided that the use, buildings
and structures shall adhere to the following:
a.
Bulk Requirements.
1.
Minimum lot area: 5 developable acres.
2.
Minimum lot frontage: 150 feet.
3.
4.
Minimum rear yard setback: 10 feet except:
(a)
Abutting residential zone district or existing residential use
- not less than 25 feet.
5.
Minimum side yard setback: No requirement, except:
(a)
Abutting residential zone district or existing residential use
- not less than 10 feet.
6.
Maximum structure height: 3 1/2 stories and 40 feet.
b.
Floor Area, Floor Area Ratios, Lot Coverage, and Density Requirements.
For the purpose of calculating the permissible number of dwelling
units, the permissible floor area within a mixed use development,
and permissible lot coverage only developable acreage shall be used.
A developable acre shall be land area which is free of wetlands, beaches,
dunes, and easements or other encumbrances.
1.
Maximum lot coverage by principal and accessory buildings and structures:
80% of the developable acreage.
2.
Minimum landscaped area: 30% of the developable acreage.
4.
Maximum F.A.R. - 0.9 (developable acres only).
5.
Maximum residential F.A.R. - 0.6 (developable acres only).
6.
Minimum nonresidential F.A.R. - 0.2.
7.
Minimum gross floor area - 75,000 square feet.
Nonresidential uses: Each mixed use development shall provide
for nonresidential uses whose floor area is equal to or greater than
the minimum nonresidential floor area ratios specified but no greater
than the maximum overall F.A.R. The nonresidential component of a
mixed use development may include the following functions:
Professional office
Business office
Retail
Personal service
Restaurant - Entertainment
Motion picture theaters
Restaurant
Hotel
Motel
c.
Design Criteria. A mixed use development shall be subject to the
applicable provisions of this section and the following general design
criteria:
1.
The development shall have an outward orientation which is physically
and visually integrated with adjoining areas and/or fosters community
improvement and revitalization.
2.
The mix of uses, and the arrangement and design of buildings and
other improvements shall reflect a cohesive development capable of
sustaining an independent environment of continuing quality and stability.
3.
If the development is staged, each building phase shall be designed
as a self-sufficient entity, while allowing for effective integration
of subsequent phases.
4.
The pedestrian system shall be convenient and comprehensive designed
to encourage pedestrian activity within the development, and non-residential
uses shall be built at the same time as or before the residential
uses. The Borough may limit residential construction or occupancy
to assure completion of the nonresidential component.
5.
In the areas of the development which are to be used for pedestrian
activities or as gathering places for people, adequate attention shall
be paid to human scale, high quality urban design, and other amenities,
such as the type and textures of materials, landscaping, street furniture,
and lighting (natural and artificial).
6.
Landscaped plazas, widened sidewalks using decorative surfaces and
planting arrangements, waterfront observation areas, and related amenities
which are designed for public enjoyment may be excluded from the coverage
limits, if the Municipal Agency deems it appropriate and such amenities
exhibit a high quality of urban design.
7.
Each mixed use development shall consider its relationship to the
Bayshore Waterfront Access Plan and of the Monmouth County Planning
Board and to the Bayfront Component of the Land Use Plan Element.
Each mixed use development shall be designed to maintain and enhance
public access to and views of the bayfront and the Board may require
such circulation improvements and/or dedication of accessways as it
deems appropriate.
d.
Residential Density Bonus Provisions. Greater residential density
will be permitted up to a maximum density of 16 units per developable
acre where uses, improvements, and facilities provided by the developer
benefit the Borough and its residents as well as users of the development.
It is the responsibility of the applicant to submit documentation
sufficient to allow the Municipal Agency to determine that the development
qualifies for a density bonus. At a minimum, the applicant must submit
a written, appropriately illustrated and documented, Design Criteria
Compliance Report, prepared by a registered New Jersey architect or
other person acceptable to the Municipal Agency, describing the project's
compliance with the provisions of this section. Additional residential
density will be permitted for the following:
1.
Beach or Waterfront Access Improvements. Substantial improvements
to pedestrian access to the beach or waterfront at locations compatible
with the Master Plan may earn an increase in residential density.
Such improvements may include, but need not be limited to, elevated
wooden walk-ways across dunes, lighting, signage, plantings, seating,
and amenities that formalize access points from the street. Enhanced
visual access of the waterfront and bay through the provision of gazebos
or structures for the passive enjoyment of waterfront views may also
earn a density bonus. The applicant shall show full compliance with
any applicable Federal, State, or local requirements for public access
to the waterfront.
2.
Enhancement of the Beachfront. Extensive landscaping of the back
dune area and provision of a pedestrian path system may earn a density
bonus. Plant material must provide seasonal interest, be adaptive
to a shore location, enhance wildlife habitat, and help stabilize
the dune system. Suitable plantings may include the following:
|
Shrubs
| |
|---|---|
|
Common Name
|
Scientific Name
|
|
Bayberry, Common
|
Myrica Pennsylvanica
|
|
Blueberry, High-Bush
|
Vaccinium Corymbosum
|
|
Chokeberry, Red
|
Aronia Arbutifolia
|
|
Hudsonia, Heath-Like
|
Hudsonia Ericoides
|
|
Inkberry (Low Gallberry Hollow)
|
Ilex Glabra
|
|
Shore Juniper
|
Juniperus Conferta
|
|
Oak, Scrub
|
Quercus Ilicifolia
|
|
Plum, Beach
|
Prunus Maritima
|
|
Shad-Bush, Canadian
|
Amelanchier Canadensis
|
|
Sumac, Staghorn
|
Rhus Typhina
|
|
Sweet Pepperbush
|
Clethra Alnifolia
|
|
Winterberry Holly
|
Ilex Verticillata
|
|
Trees
| |
|---|---|
|
Common Name
|
Scientific Name
|
|
Cedar, Red
|
Juniperus Virginiana
|
|
Cherry, Wild Black
|
Prunus Serotina
|
|
Gum, Black or Sour
|
Nyssa Sylvatica
|
|
Magnolia, Swamp or Sweet Bay
|
Magnolia Virginiana
|
|
Maple, Swamp
|
Acer Rubrum
|
|
Oak, Chestnut
|
Quercus Prinus
|
|
Oak, Scarlet
|
Quercus Coccinea
|
|
Oak, White
|
Quercus Alba
|
|
Pine, Japanese
|
Pinus Thunbergi
|
|
Pine, Scrub or Virginia
|
Pinus Virginiana
|
|
Sassafras
|
Sassafras Albidum
|
3.
Recreation Improvements. The provision of public beachfront recreation
areas may earn a density bonus. Recreation areas shall be compatible
with the Master Plan and contain landscaped areas and pavilions and
may include picnic locations, exercise stations, tot lots, rest facilities,
seating and fountains.
4.
Historic Preservation and Design - Preservation of a landmark structure
identified in the Master Plan for which the applicant restores, reconstructs,
or rehabilitates the landmark character of the structure and which
maintains an architectural design which is compatible with the historic
architectural styles which predominated during the Borough's development
as a shore resort may earn a density bonus.
5.
Commercial Development. An increase in the nonresidential floor area
component of the development may earn an increase in residential density.
To qualify the nonresidential F.A.R. provided must be 0.25 or greater
and include tourist compatible uses such as restaurant, entertainment,
hotel or motel.
6.
An increase in residential density up to the maximum permitted shall
be approved by the Municipal Agency as follows:
(b)
Density bonus.
(1)
If the application complies with one criteria, an additional
0.5 units/developable acre shall be permitted.
(2)
If the application complies with two criteria, an additional
1.0 units/developable acre shall be permitted.
(3)
If the application complies with three criteria, an additional
1.75 units/developable acre shall be permitted.
(4)
If the application complies with four criteria, an additional
2.5 units/developable acre shall be permitted.
(5)
If the application complies with five criteria, an additional
four units/developable acre shall be permitted.
[Ord. #1045, § 7.1]
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.
[Ord. #1045, § 7.2]
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 herein, shall take
precedence over the provisions of this Chapter.
[Ord. #1045, § 7.3; Ord. #1267, § 1;
Ord. #1454]
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:
a.
No nonconforming lot shall be further reduced in size.
b.
No nonconforming building or structure shall be enlarged, extended
or increased unless such enlargement is conforming.
c.
No nonconforming use may be expanded.
d.
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 failure to act by which such intention is
carried into effect.
It shall be evidence that a nonconforming use has been abandoned
if (i) cessation of such use on the part of a tenant or owner has
occurred for a continuous period of at least one year; (ii) foreclosure
of a mortgage on the property has occurred; (iii) the municipal taxes
are delinquent or unpaid; (iv) the property has not been maintained
in a condition that would qualify for a certificate of occupancy;
(v) the utilities have been disconnected and/or utility meters have
been removed; (vi) the property owner has been convicted of violations
of Keansburg's Property Maintenance Code; or (vii) Keansburg has been
required to enter the property for reasons of health or public safety
due to property maintenance violations. This list is not exclusive
and other evidence of abandonment may exist.
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.
e.
Restoration of a Nonconforming Building or 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.
f.
Certification of Pre-existing Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Planning Board may issue a certificate in accordance with Section 22-3, subsection 22-3.4d,3, certifying the legality of a pre-existing nonconforming use, building, or structure.
[Amended 5-18-1999 by Ord. No. 1258 ]
g.
Alterations, Additions, and Nonconforming Lots.
1.
Alterations. Alterations, as applied to a nonconforming building
or structure shall only include a change or rearrangement in 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 alterations are not permitted
unless the building or structure is changed to conform to the requirements
of this Chapter.
2.
Additions; Enlargements; Extensions. A nonconforming building or
structure may not be enlarged, extended, increased in height, width
or depth; moved or relocated; or modified in such a way so as to increase
habitable or usable space, number of dwelling units or number of bedrooms;
unless it is changed to conform to the requirements of this Chapter
except that an existing use (principal or accessory) may be enlarged,
extended, added to, or constructed provided:
(a)
It is a permitted use within the zone district and at the time
and since the adoption of the Zoning Ordinance making such lot nonconforming
the owner of the lot did not own any adjoining property;
(b)
The enlargement, extension, addition, or construction conforms
to all yard requirements; and
(c)
The total floor area ratio which will result from the proposed
enlargement, extension, addition, or construction will not exceed
the maximum total floor area ratio allowed in each zone, as found
in the Schedule of Zoning District Regulations.
3.
Nonconforming Lots. Accessory buildings or structures may not be
constructed on nonconforming lots and/or on lots which contain a nonconforming
principal building or structure unless:
h.
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
three months of the date of such permit, and the ground story framework
of 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 this Chapter.
i.
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.
[Ord. #1045, § 7.4]
a.
On all corner lots, the depth of all yards abutting on streets, shall
not be less than the minimum front yard depth required.
b.
Lot lines of corner lots, that are coexistent with side lines of
abutting lots, shall be considered side lines.
c.
Lot lines of corner lots, that are coexistent with rear lines of
adjoining lots, shall be considered rear lines.
d.
Lot lines of corner lots, that are coexistent with lot lines of adjoining
corner lots, shall be considered side lines.
e.
Paragraphs b, c, and d above notwithstanding, each corner lot must
maintain a rear yard setback for at least one yard area other than
a front yard.
f.
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.
[Ord. #1045, § 7.5]
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 said lot, or
the projection of such lines, and by a line connecting a point, on
each line located 25 feet from the intersection of the street lines.
[Ord. #1045, § 7.6]
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.
[Ord. #1045, § 7.7]
a.
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.
b.
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.
c.
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.
[Ord. #1045, § 7.8; Ord. #1409, § 1;
Ord. #1488]
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:
a.
An accessory building or structure attached to a principal building
shall comply in all respects with the yard requirements of this Chapter
for the principal building. Detached accessory buildings shall be
located in other than a front yard, and if located in a side or rear
yard area, shall be set back three feet from any property line.
b.
No detached accessory building, in any residential zone, shall be
less than five feet from the principal building.
c.
No accessory building which is intended to be occupied for dwelling
purposes shall be constructed before the principal building.
d.
Accessory buildings must be located on the same lot as the principal
use to which they are accessory.
e.
No accessory building shall be used for residential purposes by any
person or persons, including members of the family of the occupants
of the principal building, except by domestic servants or others employed
on the premises by the occupant of the principal building.
f.
Within a residential zone district, an entry driveway, or a walkway
may cross a front yard area or rear yard. Within a nonresidential
zone district, entry driveways and walkways may cross a front yard
area. However, within a nonresidential zone district, driveways shall
otherwise adhere to the yard requirements for accessory structures.
Walkways in a nonresidential zone may be located in a yard area but
they shall not encroach into any required buffer.
h.
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 one foot above grade,
it shall adhere to the yard requirements for an accessory structure.
i.
Construction of any accessory buildings exceeding 100 square feet
shall require permits to be issued from the Construction Official.
j.
A fee of $25 shall be paid to the Borough of Keansburg for a permit
to allow for the installation of any accessory buildings 100 square
feet or less.
[Ord. #1045, § 7.9]
a.
No principal or accessory structure shall be located closer than
50 feet to any street line or 25 feet to other property lines, except
that buildings for boat construction, repair or maintenance shall
not be located closer than 50 feet to any property line.
b.
Boats shall not be stored or displayed closer than 35 feet to any
street line or 20 feet to any other property line.
c.
No railway or other launching facility shall be located closer than
20 feet to any property line.
d.
Adequate utilities shall be supplied to each boat slip including
electricity, lighting and water supply and sewerage.
e.
Required parking areas may be utilized for outdoor boat storage from
October through April.
f.
Minimum upland lot areas shall be 15,000 square feet.
g.
Signs shall be permitted as specified for the zone in which the use
is proposed.
[Ord. #1045, § 7.10]
The provisions of this Chapter shall not apply to customary
underground essential services as 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 apurtenance
of any type more than 40 feet high, shall require approval as a conditional
use subject to the provisions of this Chapter.
[Ord. #1045, § 7.11]
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 Chapter
and no portion of said parcel shall be conveyed or divided except
through the filing of an approved subdivision in accordance with the
provisions of this Chapter.
[Ord. #1045, § 7.12]
a.
No structure shall extend higher than the limit provided in each
zone created hereunder for building height.
b.
The height limitations created hereunder shall not apply to spires,
belfries, cupolas or domes not used for human occupancy, or to parapets,
walls or cornices extending not more than four feet above the building
height limit.
c.
The height limitations created hereunder shall apply to chimneys,
ventilators, skylights, tank, stair towers, elevators towers, appurtenances
usually carried above the antennae attached to a building, except
that the same may exceed said height limitations by not more than
15 feet except that skylights, heating and air conditioning equipment
and ventilators may exceed the height limitation by no more than 10
feet. Such features shall not exceed, in total coverage, 10% of the
total roof area.
d.
Free-standing, noncommercial radio and television antennae and flag
poles may exceed the height limits created hereunder by not more than
15 feet.
[Ord. #1045, § 7.13]
No fill in excess of 10 cubic yards shall be placed on any property
within the Borough of Keansburg, nor shall any soil be removed from
any property within the Borough of Keansburg without the prior approval
of the Borough. Approval of a site plan or subdivision showing such
filling or removal or approval of grading plan by the Construction
Official and/or the Planning Board or Borough Engineer shall constitute
such prior approval of the Borough.
[Ord. #1045, § 7.14]
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 any front
yard area prior to the time at which materials are permitted to be
placed at the curb lines 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.
[Ord. #1045, § 7.15]
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.
[Ord. #1045, § 7.16]
a.
Retail and/or wholesale business uses shall not permanently display
goods for sale, including motor vehicles, outdoors except in accordance
with a site plan approved by the Planning Board.
b.
Such outdoor displays shall only be permitted where the goods displayed
are the merchandise of a business included within a structure located
on the site, unless in accordance with a permit or other approval
issued therefor by the Municipality. Uses such as flea markets where
two or more concessionaires, proprietors or businesses display goods
for the same out of doors shall not be permitted in any zoning district
within the municipality except in accordance with paragraph d below.
c.
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.
d.
Temporary flea markets and sales operated by nonprofit groups such
as churches 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 five such sales per year nor
shall any one sale exceed one week in duration.
e.
Coin operated vending machines shall not be located further than
two feet from a related business structure.
f.
Goods for sale, displayed or stored outdoors, 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.
g.
Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and by nonprofit groups in zones as provided in Section 22-5 of these regulations. 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 others 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 line than 10 feet, and exceeding 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.
[Ord. #1045, § 7.17]
a.
Within any residential district, no building with a permitted home
professional office or home occupation shall be constructed or altered
so as to be inharmonious to the residential character of adjacent
structures.
b.
The types of construction not considered to be residential in character
include store front type of construction, garage doors (larger than
needed for passenger vehicles or light commercial vehicles), and unfinished
concrete blocks or cinder block wall surfaces.
[Ord. #1045, § 7.18; amended 5-16-2018 by Ord. No. 1613; 11-7-2018 by Ord. No. 1626]
a.
The outdoor storage of an unoccupied recreational vehicle, motor
home, travel trailer, camper or small boat shall be permitted on single-family
properties provided that:
1.
Such
travel trailer, camper or small boat shall not exceed 28 feet in length
and eight feet in width.
2.
Only
one such travel trailer or camper and one small boat shall be permitted
to be stored outdoors at any single-family residence.
3.
Any
such vehicles stored in accordance with this section shall not be
occupied and shall not be provided with utility connections.
4.
Permanent
or temporary overnight occupancy or use of a trailer, travel-trailer,
motor home, boat or recreational vehicle is not permitted in any zone.
[Ord. #1045, § 7.19; Ord. #1312, § 2]
a.
No commercial motor vehicle having a rated maximum gross vehicle
weight (GVW) in excess of 10,000 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.
b.
Not more than one motor vehicle with commercial motor vehicle registration,
having a rated maximum gross vehicle weight (GVW) of 10,000 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.
c.
A commercial vehicle permitted to be parked as provided in paragraph
b above, shall be free of all garbage, rubbish and debris.
[Ord. #1045, § 7.20]
No building, structure or use shall be permitted within areas
defined as wetlands 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.
[Ord. #1045, § 7.21]
a.
In residential zones, the following antenna structures shall be permitted
as accessory structures to a principal residential structure or permitted
conditional use on the same lot. No such antenna structures may serve
more than one residential lot unless the supporting structure conforms
to the minimum regulations on the lot on which it is located and no
connecting cables cross property other than that owned by the persons
served by the antenna.
1.
Two conventional television and/or radio antenna structures attached
to a building provided that they do not exceed the height limitations
for the zone by more than 15 feet. Antenna structures operated by
holders of a Federal Communications Commission Amateur Radio License
may exceed the height limitations for the zone by 35 feet. Such antennas
which exceed 20 feet above the point of attachment to the building
shall be built to withstand winds of 60 miles per hour.
2.
Free-standing, noncommercial, mast or pole type radio and/or television
antenna structures and one towertype radio and/or television antenna
structure provided that they shall only be placed in the rear yard
area, shall be located no closer than 15 feet to any property line,
and may exceed the height limitations for the zone by not more than
15 feet. Antenna structures operated by holders of a Federal Communications
Commission Amateur Radio License may exceed the height limitations
for the zone by 35 feet. Such structures over 20 feet in height shall
be built to withstand winds of 60 miles per hour.
3.
One satellite dish antenna structure erected on a secure ground-mounted
foundation provided that it shall only be placed in the rear yard,
shall conform to the setbacks for a principal structure in the zone,
and shall not exceed 16 feet in height or 12 feet in diameter. Any
wires or connecting cables shall be buried underground unless the
antenna is located immediately adjacent to and mounted no more than
seven feet from the structure being served. Each such structure shall
be screened by fencing, other structures and/or nondeciduous plantings
of sufficient number and height to obstruct any clear view of the
antenna from any adjacent conforming residential property, any residential
zone, or any public street.
b.
In nonresidential zones, the following antenna structures shall be
permitted as accessory structures to a principal use, other than a
residential use, on the same lot. No such antenna structures may serve
more than one lot unless the supporting structure conforms to the
minimum regulations on the lot on which it is located and no connecting
cables cross property other than that owned by the persons served
by the antenna.
1.
Conventional television and/or radio antenna structures attached
to each building provided that no antenna structure shall exceed the
height limitations for the zone by more than 15 feet. Such structures
which exceed 20 feet above the point of attachment to the building
shall be built to withstand winds of 60 miles per hour.
2.
Freestanding, conventional, noncommercial radio and television antenna
structures provided that such antenna structures shall only be placed
in the rear yard, shall adhere to setback and yard requirements for
accessory structures in the particular zone but in no case shall be
closer than 50 feet to any residential property line or zone boundary
or closer than 15 feet to any other property line and shall not exceed
the height limitations for the zone by more than 15 feet. Such structures
over 20 feet in height shall be built to withstand winds of 60 miles
per hour.
3.
Satellite dish antennas. Such antennas structures shall be erected
on a secure ground-mounted foundation located in the rear yard or
may be mounted on a flat roof provided that it is no higher than 15
feet above the roof line and is concealed from public view. No antenna
structure shall exceed 12 feet in diameter. Ground-mounted antenna
structures shall conform to the setbacks for a principal structure
in the zone, shall not exceed 16 feet in height, and shall in no case
be located closer than 50 feet to a residential property line or zone
boundary. Wires or connecting cable for ground-mounted antenna shall
be buried underground. Each ground-mounted antenna shall be screened
by fencing, other structures and/or nondeciduous plantings of sufficient
number and height to obstruct any clear view of the structure from
any adjacent conforming residential property, any residential zone
or any public street.
[Ord. #1045, § 7.22]
a.
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.
1.
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.
2.
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.
3.
Permits and certificates required by other government agencies shall
be submitted to the Municipal Agency as proof of compliance with applicable
codes.
4.
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.
5.
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 section have been met.
b.
Applicability and Enforcement of Performance Standards.
1.
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 said
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 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.
2.
Continued Compliance. Continued compliance with performance standards
is required and shall be enforced by the Construction Official or
Administrative Officer (Zoning Officer).
3.
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.
4.
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 section, they are hereby empowered to employ a qualified technician
or technicians to perform investigations, measurements and analyses
to determine whether or not the regulations of this section 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.
c.
Performance Standards Established.
1.
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 hereby incorporated by reference without being set forth
in full with regard to this section.
(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 section
shall not apply to:
(a)
Agriculture.
(b)
Bells, chimes or carillons while being used in conjunction with
religious services.
(c)
Commercial motor vehicle operations.
(d)
Emergency energy release devices.
(e)
Emergency work to provide electricity, water, or other public
utilities when public health or safety are involved.
(f)
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.
(g)
Noise of aircraft flight operations.
(h)
Public celebrations
(i)
Public roadways.
(j)
Stationary emergency signaling devices.
(k)
The unamplified human voice.
(l)
Use of explosive devices - These are regulated by the New Jersey
Department of Labor and Industry under the 1960 Explosive Act (N.J.S.A.
21:1A-1-27).
d.
Air Pollution. No substance shall be omitted 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.
1.
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 or fuel burning equipment,
provided, however, that smoke emitted during the cleaning of a fire
box or the 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.
2.
Solid Particles.
(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.
3.
Odors. In any zone, no odorous material may be emitted into the atmosphere
in quantities sufficient 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 1 (Odor Thresholds in Air) in Part 1 (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.
4.
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.
5.
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.
6.
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 U.S. Atomic Energy Act of 1965, as amended
and any codes, rules or regulations promulgated under such Act, as
well as the N.J. Radiation Protection Law, N.J.S.A. 26.2D et seq.,
as amended, whichever is more stringent.
7.
Fire and Explosion Hazards. All activities shall be carried on only
in buildings classified as fireproof by the building code of the municipality,
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.
8.
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 and A is the maximum single
amplitude displacement of the vibration in inches. For the purpose
of measuring vibrations, a three-component measuring system shall
be used. For the purpose of this Chapter, 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.
9.
Electromagnetic Interference. There shall be no electromagnetic interference
that:
10.
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.
11.
Fire Resistant Construction. All new construction and additions shall
be fire resistant construction in accordance with the requirements
of the State Uniform Construction Code.
12.
Glare. There shall be no direct or sky-reflected glare exceeding
1 1/2 foot candles 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 exists 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 foot candle in residential districts.
13.
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 foot candles 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.
[Ord. #1045, § 7.23]
It is the intent of this section to assure that the public health,
safety, and welfare is not impaired by the neglected maintenance of
the buildings and property. It is further intended to assure that
site improvements required by a Municipal Agency are properly maintained
and operable. It shall be the Administrative Officer's (Zoning Officer)
responsibility to enforce this section where property conditions pose
a hazard to the public or where a property owner fails to maintain
a required site improvement.
It shall be the responsibility of every property owner, tenant,
developer and applicant to maintain in a safe and orderly condition,
all buildings and land in the municipality which they own, use, occupy
or have maintenance responsibility for in accordance with the following
regulations.
a.
Maintenance of all land uses within the municipality shall include,
but is not limited to, the following:
1.
Potholes and other pavement failures within paved parking areas shall
be repaired on a regular basis, but in no event shall potholes or
pavement failures be left unrepaired for a period in excess of 30
days. If such potholes or pavement failures are hazardous to vehicles,
they shall be appropriately barricaded and marked to warn motorists.
2.
Paint striping, traffic control signs and markings, and all other
signs and graphics shall be maintained in a condition whereby they
can be clearly seen and are legible.
3.
Curbing, other pavement edging and sidewalks shall be maintained
free of cracks and holes which would present a hazard to pedestrians.
4.
Unpaved or gravel parking and pedestrian areas shall be maintained
and regularly regraded in a manner which will keep the area free of
holes and other severe grade changes which would be hazardous to vehicular
and pedestrian usage.
5.
All areas of the site shall be kept free of debris and other materials.
All users of shopping carts or similar items shall provide for the
regular pickup of such shopping carts or similar items from parking
areas and other portions of the site at least once every hour during
their business hours. All shopping carts or similar items shall either
be stored indoors or in a location adjacent to the building specifically
set aside for such storage during nonbusiness hours.
6.
All plantings and ground cover shall be regularly watered and cut.
All dead plant materials shall be removed or replaced (if such plantings
are required under this section, they shall be replaced only). All
lawn or other nonpaved areas shall be kept trimmed and free from weeds
and other noxious growth.
7.
Building finishes shall be maintained reasonably free of peeling
or cracked paint, rust or other unsightly conditions.
8.
All refuse stored outdoors shall be kept within containers having
lids, in a manner that the refuse is not visible to pedestrians or
persons within vehicles on or off the site. Such containers shall
be stored only within side or rear yard areas and shall not be located
to interfere with vehicular or pedestrian circulation.
9.
All outdoor lighting shall be maintained in a working condition.
b.
All land uses for which development (site plan or subdivision) approval
is granted subsequent to the adoption of this Chapter or for which
site plan or subdivision approval was previously granted under regulations
heretofore in effect, shall be required to maintain all structures
and improvements shown on the approved site plan or subdivision plan
in a safe and orderly condition. In addition to the maintenance responsibilities
specified above, additional maintenance responsibilities shall include,
but are not limited to, the following:
1.
All ground cover and plantings within screening and landscaping areas
shown on an approved site plan or subdivision shall be regularly maintained.
When plant material shown on an approved site plan or subdivision
dies, it shall be replaced within the first 30 days of the next planting
season.
2.
Where a site plan specifies an outdoor refuse storage area, refuse
shall only be stored outdoors in such areas. Refuse containers located
elsewhere on the site shall not be permitted.
c.
Failure of the responsible property owner, tenant, developer and/or
applicant to maintain property in accordance with the provisions of
this subsection shall be in violation of this Chapter subject to the
penalties prescribed in this Chapter.
[Ord. #1045, § 7.24; Ord. No. 1602]
All signs shall conform to the provisions of this subsection
and to the applicable requirements of the New Jersey Uniform Construction
Code.
a.
General Objectives.
1.
To protect the public health, safety and welfare by restricting signs
which impair the public's ability to receive information, violate
privacy, or which increase the probability of accidents by distracting
attention or obstructing vision.
2.
To encourage signs which promote a desirable visual environment through
creative yet orderly design arrangements.
3.
To encourage signs which aid orientation, identify activities, describe
local history and character or serve other education purposes.
4.
To encourage the replacement of nonconforming signs by conforming
signs through the strict enforcement of the procedures and requirements
of this subsection.
b.
Application Procedures. Application for development permit.
1.
Application shall be made to the Administrative Officer (Zoning Officer)
for the issuance of a development permit by any person wishing to
erect, alter, modify, or expand any sign, except "Exempt Signs".
2.
If the Administrative Officer (Zoning Officer) determines that a
sign requires the issuance of a development permit, is not part of
an application for site plan, subdivision, conditional use, or variance
approval, is permitted as an accessory structure within the zone and
meets the applicable Sign Schedule requirements, the officer shall
issue a development permit. The applicant may then apply for a sign
construction permit and any other permits that may be required.
3.
If the Administrative Officer determines that the proposed sign is
part of subdivision, site plan, or conditional use application or
that it does not comply with applicable regulations, Sign Schedule
requirements or other sign regulations, the officer shall instruct
the applicant that Planning Board approval of an application for development
is required and the officer shall further advise the applicant which
Board has jurisdiction in accordance with the following schedule:
[Amended 5-18-1999 by Ord. No. 1258 ]
|
Sign Type
|
Board Jurisdiction
|
|---|---|
|
Signs indicated on plats which are part of a development application
before the Planning Board
|
Planning Board
|
|
Signs not permitted
|
Planning Board
|
c.
General Standards. The following general standards shall apply to
all signs:
1.
Prohibited Signs. All signs not specifically permitted are prohibited.
2.
Signs to Relate to Use of Property. All signs, unless specifically
stated otherwise in this section, shall relate to the use or occupancy
of the property upon which the sign is located.
3.
Modification of Graphic Content. The graphic content of a sign may
be modified without obtaining a development permit, provided that
the proposed graphic content complies with all applicable provisions
of this subsection, except that any condition of approval contained
in a resolution of either the Planning Board, which specifies graphic
content of the sign, shall require that a new or amended approval
be issued by said Board prior to graphic content modification.
[Amended 5-18-1999 by Ord. No. 1258 ]
4.
Illumination.
(a)
Unless specifically stated otherwise in this section, all signs
may only be illuminated in accordance with the performance standards
found in this section.
(b)
An illuminated sign located on a lot adjacent to or across the
street from any residential district and visible from such residential
district shall not be illuminated between the hours of 11:00 p.m.
and 7:00 a.m. unless the use to which the sign pertains is open for
business during those hours.
(c)
No sign shall contain blinking, flashing, flickering, tracer
or sequential lighting and shall remain stationary and constant in
intensity and color at all times.
(d)
All wiring for permanent illuminated signs shall be installed
and maintained so that it is not within public view. The running of
wiring or conduit along the exterior wall of a building to access
a sign is specifically prohibited except that the Construction Official
may permit exterior conduit if in the judgement of the Official there
is no practical way to run the conduit so that it is not within public
view.
5.
Obstruction of Access Ways. No sign or sign structure shall obstruct
a fire escape, door, window, or other required access way. No sign
shall be attached to a standpipe or fire escape, except those signs
required by the Municipal Authority.
6.
Obstruction of Window Surface. No sign shall project over, occupy
or obstruct any window surface required for light or ventilation by
any application by any applicable law, ordinance or regulation.
7.
Traffic Safety.
(a)
No sign shall be maintained at any location where by reason
of its position, size, shape, content or color, it may, in the opinion
of the Chief of Police, obstruct, impair, obscure, interfere with
the view of, or be confused with, any traffic control sign, signal
or device, or where it may interfere with, mislead or confuse traffic.
(b)
No sign which uses the words "Stop", "Look", "Caution", "Danger",
or any similar wording, which may confuse or mislead the public, shall
be permitted.
8.
Signs in Rights-of-Way. No sign or any part of a sign, except publicly
owned or authorized signs, shall be placed in or extend into or over
any public right-of-way.
9.
Sign Permanency. All signs shall be securely affixed in a permanent
manner to either the ground or building, unless specifically stated
otherwise in this subsection.
10.
Signs Affixed to Certain Structures. No sign shall be affixed to
any roof, tree, fence, utility pole, or other similar structure nor
placed upon motor vehicles which are continually or repeatedly parked
in a conspicuous location to serve as a sign, however, nothing is
intended to prohibit the placement of signs not exceeding three feet
in any dimension, directing traffic or identifying various parking
locations within a lot on light poles and utility poles erected therein.
Signs painted on pavement surfaces shall be restricted to traffic
control markings only.
11.
Advertising Flags, Banners, Pinwheels. No advertising flags, banners,
pinwheels, portable signs, or similar advertising devices shall be
permitted.
12.
Animated or Moving Signs. No animated or moving signs shall be permitted,
except for the required movement of time and temperature displays.
13.
Painted Signs. No sign may be painted directly on the surface of
any building, wall, fence or similar structure.
14.
Sparkling and Glittering Signs. No sign may utilize reflection enhanced
or fluorescent colors or contain any material which sparkles, reflects
or glitters, however, nothing herein is intended to prohibit the use
of reflective paint on signs directing traffic or identifying various
locations within a property.
15.
Sign Measurement.
(a)
Area to be included. The supporting structure or bracing of
a sign shall be omitted in measuring the area of the sign unless such
structure or bracing is made part of the message or sign face and
provided that such structure or bracing has a total horizontal projected
width less than 20% of the sign width or six inches. Where a sign
has two sign faces back-to-back and parallel to each other, the area
of only one face shall be included in determining the area of the
sign.
(b)
Area of Signs with Backing. The area of all signs with backing
shall be measured by computing the area of the sign backing.
(c)
Area of Signs without Backing. The area of all signs without
backing shall be measured by computing the area of the smallest geometric
figure which can encompass all words, letters, figures, emblems and
other elements of the sign message with a clearance of at least four
inches from any such element.
(d)
Height of Signs. Sign height shall be measured between average
grade and the highest point of the highest element of the sign.
16.
Multiple Sign Faces. No sign may contain more than one sign face,
except that two sign faces back-to-back and parallel to each other
(no angle between sign faces) (commonly known as a double faced sign)
shall be permitted. No double faced sign shall be greater than 18
inches in thickness as measured between sign faces.
17.
Graphic Content Coverage. The maximum coverage of any sign face by
graphic contents shall not exceed 60%.
d.
Permitted Signs.
1.
Exempt Signs. The following signs shall be exempt from the requirement
of obtaining a development permit.
(a)
Governmental signs; erected or authorized by a governmental
unit.
(b)
Nameplate signs; provided that such signs are limited to no
more than one wall or ground sign per occupancy; are no more than
75 square inches in area; are nonilluminated, or externally illuminated;
and, it a ground sign are no more than three feet in height.
(c)
Warning signs; provided that such signs are limited to no more
than two wall or ground signs per occupancy; are no more than three
square feet in area each; are nonilluminated; and if a ground sign
are no higher than three feet in height.
(d)
Construction signs; provided that such signs are limited to
no more than one wall or ground sign per parcel; are no more than
32 square feet in area; are nonilluminated; and are maintained for
no more than 14 days following the conclusion of the construction
in question.
(e)
Temporary window signs; provided the area of window signs displayed
does not exceed 25% of the area of the window in which they are shown.
(f)
Special events signs; provided that there are no more than three
placed in any business at any given time and they are nonilluminated,
and are maintained for a period of no longer than 45 days before the
applicable event nor more than three days after such event.
(g)
Real estate signs; provided that such signs are limited to no
more than one wall or ground sign per property; are not more than
six square feet in area per residential lot; are no higher than six
feet if a ground sign. Use of the word "sold" or any other notation
to indicate that the real estate is no longer on the market is specifically
prohibited.
(h)
On-site informational signs; provided that each sign is limited
to a wall, window or ground sign of not more than two square feet
in area and not more than seven feet in height above grade. The sign
may include a business name or logo but shall not include any advertising
message. In locations where more than one business share a common
vehicular access, signs marking entrances and exits shall contain
only the name of the shopping or business center. Multiple signs identifying
each tenant or use are specifically prohibited.
(i)
Flags and emblems of a government or of a political, civic,
philanthropic, educational or religious organization.
(j)
Private sale and event signs; provided that such signs are no
more than six square feet in area; are located entirely on the premises
where such sale or event is to be conducted or on other private property
pursuant to the owner's consent; are clearly marked with the name,
address and telephone number of the person responsible for the removal
of such sign; are erected not more than 36 hours in advance of such
sale or 45 days in advance of such event; and are removed on the day
following the conclusion of such sale or event. No more than four
signs may be placed on any business property nor more than one on
any residential property.
(k)
Portable signs but only for motor vehicle service stations and
subject to these restrictions:
(l)
Traffic signs and signals. Temporary or permanent traffic, signs
and signals installed or authorized by the Borough, County, or State
for the purpose of directing and regulating the flow of traffic.
(m)
Public transportation signs. Signs indicating public transportation
stops when in-stalled or authorized by the Borough or a public transportation
authority or agency.
(n)
Vacated property signs. Provided that only one such sign shall
be provided either affixed to a building wall or located within a
window; not exceeding six square feet in area; nor displayed for longer
than 60 days following vacating the property.
(o)
Signs on machines. Signs which are an integral part of vending
machines, including gasoline pumps, milk and ice machines, provided
that they do not collectively exceed three square feet in area per
machine.
(p)
Interior signs. Signs which are located within buildings and
not within 18 inches of a window visible from a public street or public
parking facility.
(q)
Political signs. It is recommended that such signs are not more
than 12 square feet in area if located in a nonresidential district
or more than six square feet in area if located in a residential district;
are limited to not more than one per lot; are located entirely on
private property pursuant to the owner's consent; are clearly marked
with the name, address, and telephone number of the person responsible
for the removal of such sign; are erected not more than 45 days prior
to such election; and are removed within 14 days following such election.
(r)
Historical or architectural designation signs; provided that
such signs are limited to no more than one wall or ground sign per
occupancy; are no more than six square feet in area; are not illuminated
and contain no commercial advertising.
(s)
Home occupation signs; provided that such signs are limited
to no more than one wall sign per occupancy; are no more than one
square foot in area; and are nonilluminated.
[1]
Editor's Note: The Schedule of Sign Regulations is included
as an attachment to this chapter.
[Ord. #1045, § 7.25; Ord. #1267, § 1;
Ord. #1323; Ord. #1408, § 1]
a.
Fences and walls hereafter erected, altered or reconstructed in any
zone shall not exceed six feet in height above ground level except
as follows:
1.
Walls and fences which are open fences as defined in this Chapter
located in a front yard or within 25 feet of a roadway or within 50
feet of any river, lagoon, or other body of water shall not exceed
48 inches in height.
2.
In any business zone, 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.
3.
On park, recreation or school properties, open wire fences not exceeding
10 feet in height may be erected in the rear or side yard areas and
behind the building setback line.
4.
Fences specifically required by other provisions of this Chapter
and other municipal and State regulations.
5.
Properties with frontage on at least two improved intersecting public
streets (a corner property) shall comply with the requirements of
paragraphs a,1 and a,2 except as follows:
(a)
No fence or wall shall be erected in the sight triangle affecting
the property.
(b)
The Zoning Officer of the Borough of Keansburg or his designee may permit, for corner properties only, the erection of a fence or wall not to exceed six feet in height along a property line fronting an improved public street by designating a "front yard" which shall be that portion of the property where the structure thereon faces a public street. That designated front yard shall comply with the requirements of this section and be subject to the limitations of subsection 22-7.25a,1 and a,2.
(c)
A fence or wall permitted under this subsection shall comply
with a minimum setback of 15 feet.
(d)
Landscaping shall be provided between the fencing and the public
right-of-way.
(e)
A permit fee of $25 shall be required to obtain a permit for
the construction of a fence.
b.
All fences must be erected within the property lines, and no fence
shall be erected so as to encroach upon a public right-of-way.
c.
Barbed wire, razor wire, canvas or cloth fence and fencing construction
are prohibited in all zones. No fence shall be installed in such a
manner as to create sharp "barbed" points of wire at the top of any
fence.
d.
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.
e.
Tennis court fences, baseball and software backstops and spectator
protective fencing are exempt from the requirements of this section
provided they are not located within any required yard area. Located
outside of any required yard area, they are subject to the height
limitations of the particular zone district.
f.
Fences which are painted shall be painted in only one color, harmonious
with the surrounding area. Multi-colored fences are prohibited.
g.
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 dammed
to create ponding.
[Ord. #1045, § 7.26]
a.
A private garage accessory to a principal building is permitted in
any zone district.
b.
Private garage space may be provided for not more than three motor
vehicles accessory to a dwelling unit in a residential zone.
c.
Except when actually engaged in connection with the pickup or delivery
of goods or materials or in connection with construction or repairs,
no commercial vehicle other than that of the owner or occupant shall
be garaged, stored or parked in a residential zone. No more than one
commercial vehicle shall be garaged, stored or parked on one lot.
d.
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.
[Ord. #1045, § 8.1]
The purpose of good subdivision and site design is to create
a functional and attractive development, to minimize adverse impacts,
and to ensure that a project will be an asset to a community.
This section presents design guidelines and standards which are differentiated as follows: Design guidelines (subsection 22-8.2) provide a framework for sound planning; design standards set forth specific improvement requirements.
The developer shall only be permitted to build the maximum density,
intensity of development, and floor area ratio permitted by the zone
district requirements schedule where it is demonstrated that the development
adheres to all applicable ordinances, including the design standards
and guidelines set forth herein and creates no exceptional adverse
impact.
The purpose of the guidelines and standards is to ensure that
the design of new development gives appropriate consideration to the
scale and character of the existing neighborhood in which a development
is to be located.
[Ord. #1045, § 8.2]
In project design and in reviewing project applications, the
following principles of subdivision and site design shall apply:
a.
Data Gathering and Site Analysis.
1.
Assess site characteristics, such as general site context and surrounding
land uses; geology and soil; topography; climate; ecology; existing
vegetation, structures, and road networks; visual features; and past
and present use of the site.
b.
Subdivision and Site Design.
1.
Base the design of the development on the site analysis. Locate development
to the maximum extent practical to preserve the natural features of
the site, to preserve areas of environmental sensitivity, and to minimize
negative impacts and alteration of natural features and to create
an appropriate design relationship to surrounding uses.
2.
New buildings should strengthen particular design features of the
area by, for example, framing views, enclosing open space, or continuing
particular design features or statements.
3.
The height and bulk of new buildings should be compatible with the
planned scape of surrounding development.
[Ord. #1045, § 8.3]
a.
In subdivision and site design, the following areas shall be preserved:
1.
Wetlands [as defined in Sec. 404, Federal Water Pollution Control
Act Amendments of 1972 and delineated on wetlands maps prepared by
the U.S. Fish and Wildlife Service, and/or N.J.A.C. 7:7A, the New
Jersey Freshwater Protection Act Rules, field verified by an on-site
inspection];
2.
Significant trees, [defined as the largest known individual trees
of each species in New Jersey as listed by the New Jersey Department
of Environmental Protection (NJDEP) Bureau of Forestry; large trees
approaching the diameter of the known largest tree; and/or species
that are rare to that area or of particular horticultural or landscape
value];
3.
Lands identified as floodways or "V" Zones on the current Borough
Flood Insurance Rate Map;
4.
Steep slopes [in excess of 15% as measured over a ten foot interval
unless appropriate engineering measures concerning slope stability,
erosion, and resident safety are taken];
5.
Habitats of endangered wildlife [as identified on Federal or State
lists]; and
6.
Historically significant structures and sites [as listed on the Federal
or New Jersey list of historic places or the Keansburg Master Plan].
b.
Residential lots shall front on local streets.
c.
Every lot shall have access to it that is sufficient to afford a
reasonable means of ingress and egress for emergency vehicles as well
as for all those likely to need or desire access to the property in
its intended use.
d.
The road system for residential subdivisions shall be designed to
serve the needs of the neighborhood and to discourage use by through
traffic.
e.
To the extent consistent with the reasonable utilization of land,
site design shall promote the conservation of energy through the use
of planning practices designed to reduce energy consumption and to
provide for maximum utilization of renewable energy sources.
f.
Every lot shall be suitable for its intended use and shall contain
a developable area which shall not be less than 80% of the minimum
required lot area of the applicable zone district or 5,000 square
feet whichever is greater. The developable lot area shall be calculated
by subtracting from the total lot area those portions of the lot which
contain any of the following features: Wetlands, steep slopes with
a gradient of 15% or greater, and easements.
[Ord. #1045, § 8.4]
a.
General. In all developments, the following regulations shall apply:
1.
All buildings shall be located with proper consideration of their
orientation and relationship to other buildings, both existing and
proposed in terms of light, air and usable open space, access to public
right-of-way and off-street parking; height and bulk; drainage and
existing topography; trees and vegetation; and other natural features
and land forms.
2.
Groups of related buildings shall be designed to present a harmonious
appearance in terms of architectural style and exterior materials.
3.
Buildings shall be designed to be attractive from all vantage points,
including fences, storage areas and rear entrances.
4.
Buildings shall provide an interesting interplay of buildings and
open spaces.
5.
Accessory buildings should be architecturally treated in the same
manner as principal buildings.
6.
All exterior storage areas and service yards, loading docks and ramps,
electrical and mechanical equipment and enclosures, storage tanks
and the like, shall be screened from the public view, within and from
the outside of the development, by a fence, wall or mature landscape
materials, compatible with the exterior design of building within
the development.
7.
Colors, materials and finishes shall be coordinated in all exterior
elevations of buildings to achieve continuity of expression. All roof
and wall projections such as gutters, flues, louvers, utility boxes,
vents, grills, downspouts, exposed flashing, overhead doors, shall
be painted or installed with an anodized or acrylic finish, in a color
to match adjacent surfaces.
8.
All openings in the wall of a building such as windows and doors
should relate to each other on each elevation, vertically and horizontally,
in a clearly defined order; and should take into account orientation
to the sun for sun-shading and consideration of the efficiencies of
heat loss and gain through such openings.
9.
Buildings and parking areas should be designed to relate to existing
grade conditions. Exposed basement walls are not acceptable as an
architectural treatment. All exposed basement walls must be treated
to relate properly to the design of the building.
10.
Appurtenances such as, but not limited to, tanks, condenser units
and other equipment shall be fully screened from view. Such appurtenances
and their screening plus chimneys, cupolas and other items which extend
above the roof line shall not exceed 15% of the horizontal area of
the first floor unless the highest such item shall be used to measure
building height.
11.
All buildings shall be setback at least 10 feet from the cartway
of a public street. Building design and site arrangements shall allow
for public pedestrian access and sidewalks within this area unless
sidewalks and pedestrian circulation are provided for within the adjoining
right-of-way of the public street. Where the required front yard setback
for the zone is greater, the zone regulations shall take precedence.
b.
Multi-Family Development. For all multi-family residential developments,
the following building design standards shall apply.
1.
Buildings shall be designed to avoid long straight, unbroken lines.
No principal building when viewed from any elevation shall be greater
than 175 feet in length. Buildings shall have no more than two dwelling
units in a line without setbacks or breaks in building elevations
of at least six feet. Attached single family dwelling units and townhouses
shall have not less than four and no more than eight dwelling units
in a continuous building.
2.
Rear yards, for ground floor units, where provided, shall be screened
to provide visual privacy.
3.
Easy access to outdoor space and parking from all residential units
should be provided.
5.
Courtyards. Courtyards bounded on three or more sides by wings of
the same building shall have a minimum court width of two feet for
each one foot in height of the tallest building or building wing.
6.
Garages and/or carports, when not attached to a principal building,
shall be located no closer than 25 feet to a facing wall of a principal
building containing windows, nor closer than 15 feet to a facing wall
of a principal building which does not contain windows.
7.
A screened area or areas for storage of refuse and recyclables shall
be located and arranged for ease of access and collection.
9.
Bedroom Mix. All rooms, exclusive of living rooms, dining rooms,
kitchens and bathrooms, which contain 70 square feet or more of floor
area, shall be considered bedrooms. If a dining room is not directly
accessible from and adjacent to both the kitchen and living room,
it shall also be considered a bedroom.
Except for residential redevelopments permitted pursuant to subsection 22-6.9, no multi-family dwelling unit shall contain more than three bedrooms. Not more than 15% of the dwellings in a multi-family development shall be three bedroom units and not more than 80% of the dwelling units shall contain more than one bedroom.
c.
Commercial and Industrial Development. For commercial and industrial
developments, the following building design standards shall apply:
1.
Exterior materials shall include appropriate texture and trim to
prevent large undifferential facades of the same material.
2.
All roof planes or caps meeting the exterior facade shall have overhangs
or appropriate cornice and trim details.
3.
All major entrances to buildings shall be properly identified with
architectural elements such as recessed entranceways, projected overhangs,
and porticos.
4.
Flat roof canopies on metal pipe columns shall not be used on commercial
buildings.
5.
Window and door openings shall include appropriate trim and either
recesses or overhangs to promote a harmonious variety of light and
shade on the facade of the building.
6.
Buildings and structures used for functional purposes, such as warehouses,
indoor sports facilities and manufacturing facilities, shall include
appropriate landscaping adjacent to facades in the public view.
[Ord. #1045, § 8.5]
a.
Purpose.
1.
Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site and creating a pleasing site character.
2.
Landscaping may include plant materials such as trees, shrubs, ground
cover, perennial, and annuals and other materials such as rocks, water,
sculpture, art, walls, fences, and building and paving materials.
b.
Landscaping Plan. A landscape plan prepared by a certified landscape architect shall be submitted with each subdivision or site plan application, unless an exception is granted pursuant to Section 22-3, of this Chapter. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
c.
Site Protection and General Planting Requirements.
1.
Topsoil Preservation. Topsoil moved during the course of construction
shall be redistributed on all regraded surfaces. At least four inches
of even cover to all disturbed areas of the development and shall
be stabilized by seeding or planting.
2.
Removal of Debris. All stumps and other tree parts, litter, brush,
weeds, excess or scrap building materials, or other debris shall be
removed from the site and disposed of in accordance with the law.
No tree stumps, portions of tree trunks or limbs shall be buried anywhere
in the development. All dead or dying trees, standing or fallen, shall
be removed from the site. If trees and limbs are reduced to chips,
they may, subject to approval of the Municipal Engineer, be used as
mulch in landscaped areas. A developer shall be exempt from these
provisions, however, and shall be permitted to dispose of site-generated
new construction wastes on-site as long as the conditions set forth
in N.J.A.C. 7:26-1.7 are met.
3.
Protection of Existing Plantings. Maximum effort should be made to
save fine specimens (because of size or relative rarity). No material
or temporary soil deposits shall be placed within four feet of shrubs
or 10 feet of trees designated to be retained on the preliminary and/or
final plat. Protective barriers or tree wells shall be installed around
each plant and/or group of plants that are to remain on the site.
Barriers shall not be supported by the plants they are protecting,
but shall be self-supporting. They shall be a minimum of four feet
high and constructed of a durable material that will last until construction
is completed. Snow fences and silt fences are examples of acceptable
barriers.
4.
Slope Plantings. Landscaping of the area of all cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all roadway slopes
steeper than one foot vertically to three feet horizontally shall
be planted with ground covers appropriate for the purpose and soil
conditions, water availability, and environment.
5.
Additional Landscaping. In residential developments, besides the
screening and street trees required, additional plantings or landscaping
elements shall be required throughout the subdivision where necessary
for climate control, privacy, or for aesthetic reasons in accordance
with a planting plan approved by the Municipal Agency. In nonresidential
developments, all areas of the site not occupied by building and required
improvements shall be landscaped by the planting of grass or other
ground cover, shrubs, and trees as part of a site plan approved by
the Planning Board.
At a minimum, the equivalent of at least two shrubs and one
shade or ornamental tree of 2 1/2 inch caliper or greater shall
be provided for each 1,500 square feet of area of a residential development
not covered by buildings or improvements and for each 1,000 square
feet of nonresidential development. Existing healthy specimen trees
may be included in satisfying these requirements. These plantings
shall be in addition to any other landscaping requirements including
landscaping of off-street parking areas and buffer areas.
6.
Planting Specifications. Deciduous trees shall have at least a two-inch
caliper at planting. Size of evergreens and shrubs shall be allowed
to vary depending on setting and type of shrub. Only nursery-grown
plant materials shall be acceptable; and all trees, shrubs, and ground
covers shall be planted according to accepted horticultural standards.
Dead or dying plants shall be replaced by the developer during the
following planting season.
7.
Plant Species. The plant species selected should be hardy for the
particular climatic zone in which the development is located and appropriate
in terms of function and size.
d.
Street Trees.
1.
Location. Street trees shall be installed on both sides of all streets
in accordance with the approved landscape plan. Trees shall either
be massed at critical points or spaced evenly along the street, or
both.
|
Tree Size
(in feet)
|
Planting Interval
(in feet)
|
|---|---|
|
Large trees (40+)
|
50
|
|
Medium-sized trees (30-40)
|
40
|
|
Small trees (to 30)
|
30
|
|
If a street canopy effect is desired, trees may be planted closer
together, following the recommendations of a certified landscape architect.
The trees shall be planted so as not to interfere with utilities,
roadways, sidewalks, sight easements, or street lights. Tree location,
landscaping design, and spacing plan shall be approved by the Planning
Board as part of the landscape plan.
|
2.
Tree Type. Tree type may vary depending on overall effect desired,
but as a general rule, all trees shall be the same kind on a street
except to achieve special effects. Selection of tree type shall be
approved by the Planning Board.
3.
Planting Specifications. All trees shall have a caliper of two inches
and they shall be nursery grown, of substantially uniform size and
shape, and have straight trunks. Trees shall be properly planted and
staked and provision made by the applicant for regular watering and
maintenance until they are established. Dead or dying trees shall
be replaced by the applicant during the next planting season.
e.
Buffering and Screening.
1.
Function and Materials. Buffering shall provide a year-round visual
screen in order to minimize adverse impacts from a site on an adjacent
property or from adjacent areas. It may consist of fencing, evergreens,
berms, rocks, boulders, mounds, or combinations to achieve the stated
objectives.
2.
When Required. Buffering shall be required when topographical or
other barriers do not provide reasonable screening and when the Municipal
Agency determines that there is a need to shield the site from adjacent
properties and to minimize adverse impacts such as incompatible land
uses, noise, glaring light, and traffic. In small-lot developments,
when building design and siding do not provide privacy, the Planning
Board may require landscaping, fences, or walls to ensure privacy
and screen dwelling units.
Where required, buffers shall be measured from side and rear
property lines, excluding access driveways.
(a)
Where more-intensive land uses abut less-intensive uses, a buffer
strip 25 feet wide but not to exceed 10% of the lot area shall be
required. Where a twenty-five-foot wide buffer is infeasible because
of established development patterns, the board may consider alternative
designs that would create an effective buffer.
(b)
In addition to any buffer required, parking areas, garbage collection
and utility areas, and loading and unloading areas should be screened
around their perimeter by a strip a minimum five feet wide. This screening
may be omitted when such areas abut the required buffer strip.
(c)
Where residential subdivision about higher-order streets (collectors
or arterials), adjacent lots should front on lower-order streets,
and a landscaped buffer area provided along the property line abutting
the road. The buffer strip shall be a minimum of 25 to 35 feet, but
not to exceed 10% of the lot area and wide or wider where necessary
for the health and safety of the residents, and include both trees
and shrubs.
3.
Design. Arrangement of planting in buffers shall provide maximum
protection to adjacent properties and avoid damage to existing plant
material. Possible arrangements include planting in parallel, serpentine,
or broken rows. If planted berms are used, the minimum top width shall
be four feet, and the maximum side slope shall be two to one.
4.
Planting Specifications. Plant materials shall be sufficiently large
and planted in such a fashion that a screen at least eight feet in
height shall be produced within three growing seasons. All plantings
shall be installed according to accepted horticultural standards.
5.
Maintenance. Plantings shall be watered regularly and in a manner
appropriate for the specific plant species through the first growing
season, and dead or dying plants shall be replaced by the applicant
during the next planting season. No buildings, structures, storage
of materials, or parking shall be permitted within the buffer area;
buffer areas shall be maintained and kept free of all debris, rubbish,
weeds, and tall grass.
f.
Parking Lot Landscaping.
1.
Amount Required. In parking lots, at least 5% of the interior parking
area shall be landscaped with plantings, and one tree for each 10
spaces shall be installed. Parking lot street frontage screening and
perimeter screening shall be a minimum of five feet wide. Planting
required within the parking lot is exclusive of other planting requirements,
such as for street trees.
2.
Location. The landscaping should be located in protected areas, such
as along walkways, in center islands, at the end of bays, or in diamonds
between parking stalls. All landscaping in parking areas and on the
street parking lot is exclusive of other planting requirements, such
as for street trees.
3.
Plant Type. A mixture of hardy flowering and/or decorative evergreen
and deciduous trees may be planted; the area between trees shall be
planted with shrubs or ground cover or covered with mulch.
g.
Paving Materials and Walls and Fences.
1.
Paving Materials. Design and choice of paving materials used in pedestrian
areas shall consider the following factors; cost, maintenance, use,
climate, characteristics of users, appearance, availability with surroundings,
decorative quality, and aesthetic appeal. Acceptable materials shall
include, but are not limited to, concrete, brick, cement pavers, asphalt
and stone.
2.
Walls and fences shall be erected where required for privacy, screening,
separation, security, or to serve other necessary functions.
h.
Street Furniture.
1.
Street furniture such as, but not limited to, trash receptacles,
benches, phone booths, etc., shall be located and sized in accordance
with their functional needs.
2.
Street furniture elements shall be compatible in form, material,
and finish. Style shall be coordinated with that of the existing or
proposed site architecture.
3.
Selection of street furniture shall consider durability, maintenance,
and long-term cost.
[Ord. #1045, § 8.6; Ord. #1073, § 1]
a.
Materials designated in the Borough of Keansburg Recycling Ordinance
#976[2] shall be separated from other solid waste by the generator
and a storage area for recyclable material shall be provided as follows:
1.
For each subdivision application for 50 or more single family units,
the applicant shall provide a storage area of at least 12 square feet
within each dwelling unit to accommodate a four week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans). The storage
area may be located in the laundry room, garage, basement or kitchen.
2.
For each subdivision application for 25 or more multi-family units,
the applicant shall provide a storage area of at least three square
feet within each dwelling unit to accommodate a one week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans). The storage
area may be located in the laundry room, garage or kitchen. Unless
recyclables are collected on a weekly basis from each dwelling unit,
one or more common storage areas must be provided at convenient locations
within the development.
3.
For each site plan application for commercial and industrial developments
that utilize 1,000 square feet or more of land, the applicant shall
provide the Municipal Agency with estimates of the quantity of mandated
recyclable materials (including but not limited to: newspaper, glass
bottles, aluminum cans, tin and bi-metal cans, high grade paper and
corrugated cardboard) that will be generated by the development during
each week. A separated storage area must be provided to accommodate
a one to four week accumulation of recyclable material. The Municipal
Agency may require the location of one or more common storage areas
at convenient locations within the development.
[Ord. #1045, § 8.7]
Planned developments, multi-family developments, and mixed use
commercial residential developments shall be required to provide open
space.
a.
Minimum Requirements.
1.
Amount of Open Space Required. At least 20% of the developable acreage
of a tract proposed for development shall be set aside for developed
and undeveloped open space.
2.
Size of Open Space Parcels. The area of each parcel of open space
designed for active recreational purposes shall be of such minimum
dimensions as to be functionally usable.
3.
Location of Open Space Parcels. Open space parcels should be convenient
to the dwelling units they are intended to serve. However, because
of noise generation, they should be sited with sensitivity to surrounding
development.
b.
Recreation Improvements.
1.
Passive recreation areas, such as pathways, seating areas and lawns,
shall be provided, suitably arranged, throughout any multi-family
site.
2.
In addition, an active recreation area or areas shall be provided
at the rate of at least 250 square feet per dwelling unit. Outdoor
play equipment shall be installed in each recreation area in sufficient
amount and variety to service the occupants of the project. If a swimming
pool area or areas are to be installed, they are to include a pool
of a size at least equivalent to 15 square feet per unit, except no
pool less than 500 square feet will be allowed, and no pool greater
than 3,000 square feet shall be required. An auxiliary building or
buildings providing for lavatories and storage shall also be erected
in conjunction with pools.
c.
Deed Restrictions. Any lands dedicated for open space purposes shall
contain appropriate covenants and deed restrictions approved by the
municipal agency that ensure that:
1.
The open space area will not be further subdivided in the future.
2.
The use of the open space will continue in perpetuity for the purpose
specified.
3.
Appropriate provisions are made for the maintenance of the open space.
4.
Common undeveloped open space shall not be turned into a commercial
enterprise admitting the general public at a fee.
d.
Open Space Ownership. The type of ownership of land dedicated for
open space purposes shall be selected by the owner, developer, or
subdivider, subject to the approval of the Municipal Agency. Type
of ownership may include, but is not necessarily limited to, the following:
1.
The municipality, subject to acceptance by the governing body.
2.
Other public jurisdictions or agencies, subject to their acceptance.
3.
Quasi-public organizations, subject to their acceptance.
4.
Homeowner, condominium, or cooperative associations or organizations.
5.
Shared, undivided interest by all property owners in the subdivision.
e.
Homeowners Association. If the open space is owned and maintained
by a homeowner or condominium association, the developer shall file
a declaration of covenants and restrictions that will govern the association,
to be submitted with the application for the preliminary approval.
The provisions shall include, but are not necessarily limited to,
the following:
1.
The homeowners association must be established before the homes are
sold.
2.
Membership must be mandatory for each home buyer and any successive
buyer.
3.
The open space restrictions must be permanent, not just for a period
of years.
4.
The association must be responsible for liability insurance, local
taxes, and the maintenance of recreational and other facilities.
5.
Homeowners must pay their pro rata share of the costs; the assessment
levied by the association shall become a lien on the property and
be so stated in the master deed establishing the homeowners association.
6.
The association must be able to adjust the assessment to meet changed
needs.
f.
Maintenance of Open Space Areas.
1.
In the event that a nonmunicipal organization with the responsibility
for the open space fails to maintain it in reasonable order and condition,
the Borough Council may serve written notice upon such organization
or upon the owners of the development setting forth the manner in
which the organization has failed to maintain the open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be remedied within 35 days thereof and shall state
the date and place of a hearing thereon which shall be held within
15 days of the notice.
2.
At such hearing, the Borough Council may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they shall be remedied.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be remedied within said 35 days or any permitted
extension thereof, the municipality, in order to preserve the open
space and maintain the same, may enter and maintain such land for
a period of one year. Said entry and maintenance shall not vest in
the public any rights to use the open space except when the same is
voluntarily dedicated to the public by the owners. Before the expiration
date of said year, the Borough Council shall upon its initiative or
upon the request of the organization theretofore responsible for the
maintenance of the open space, call a public hearing upon 15 days'
written notice to such organization and to the owners of the development,
to be held by the Borough Council at which hearing such organization
and the owners of the development shall show cause why such maintenance
by the municipality shall not, at the election of the municipality,
continue for a succeeding year. If the Borough Council shall determine
that such organization is ready and able to maintain said open space
in reasonable condition, the municipality shall cease to maintain
said open space at the end of said year. If the Borough Council shall
determine such organization is not ready and able to maintain said
open space in a reasonable condition, the municipality may, in its
discretion, continue to maintain said open space during the next succeeding
year, subject to a similar hearing and determination, in each year
thereafter. The decision of the Municipal Body or officer in any such
case shall constitute a final administrative decision subject to judicial
review.
3.
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien and shall become a lien and
tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and shall be enforced and collected
with interest by the same officers and in the same manner as other
taxes.
[Ord. #1045, § 9.1]
The purpose of this section is to set forth improvement standards and construction specifications for developments. Where a standard in this section is referenced as a requirement by Section 22-5, Zone District Regulations, or by Section 22-6, Conditional Uses, or by Section 22-7, General Zoning Provisions, then a deviation from the specified standard shall only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70. In all other cases, relief may only be authorized as an exception to subdivision or site plan regulations pursuant to N.J.S.A. 40:55D-51.
A subdivision and/or site plan shall conform to standards that
will result in a well-planned community, protect the health and safety
of the residents, and provide a desirable living environment without
unnecessarily adding to development costs. The following improvements
shall be required: streets and circulation, off-street parking, water
supply, sanitary sewers, and storm water management.
[Ord. #1045, § 9.2]
a.
General.
1.
The arrangement of streets shall conform to the master plan.
2.
For streets not shown on the master plan or official map, the arrangement
shall provide for the appropriate extension of existing streets.
3.
Streets shall be arranged so as to discourage through traffic and
provide for maximum privacy.
b.
Street Hierarchy.
1.
Streets shall be classified in a street hierarchy system with design
tailored to function.
2.
The street hierarchy system shall be defined by road function and
traffic. The following classification shall be utilized in the Borough
and each proposed street shall be classified and designed for its
entire length to meet the described standards.
(a)
Arterial streets are regional roadways and under the jurisdiction
of the New Jersey Department of Transportation or Monmouth County.
(b)
Collector streets collect traffic from local streets and channel
it into the system of arterial highways. The right-of-way width for
collector streets is 60 feet. The right-of-way shall have a cartway
width of at least 40 feet to allow for two twelve-foot wide moving
lanes and two eight foot wide parking lanes. In addition, the right-of-way
width shall allow for curb, sidewalk, utility, and shade tree installation.
(c)
Local streets provide frontage for access to lots and carry
traffic having destination or origin on the street itself. The minimum
right-of-way width for local streets is 50 feet. The right-of-way
shall have a cartway width of at least 36 feet. In addition, the right-of-way
width shall allow for curb, sidewalk, utility, and shade tree installation.
Any street not designated as a collector street is a local street.
c.
Cartway Width.
1.
Cartway width for each street classification shall be determined
by functional classification.
2.
The determination as to cartway width shall also consider possible
limitations imposed by sight distances, climate, terrain, and maintenance
needs. In order to minimize street costs, the minimum width assuring
satisfaction of needs shall be selected. The Municipal Agency may
require increases or decreases in cartway width depending upon the
particular circumstances.
d.
Curbs and Gutters.
1.
Curbing shall be required for drainage purposes, safety, and delineation
and protection of pavement edge.
2.
Curbs shall be constructed according to the specifications set forth
in the construction specifications.
3.
Curbing shall be designed to provide a ramp for bicycle and/or wheelchairs
as required.
4.
Curbing shall be provided along both sides of all subdivision streets
and adjacent to the edge of all aisles, drives, and off-street parking
areas.
e.
Shoulders.
1.
Shoulders and/or drainage swales shall be required instead of curbs
when: (1) shoulders are required by CAFRA, (2) soil and/or topography
make the use of shoulders and/or drainage swales preferable, and/or
(3) it is in the best interest of the community to preserve its character
by using shoulders and/or drainage swales instead of curbs.
2.
Shoulder requirements shall vary according to street hierarchy and
intensity of development.
3.
Shoulders may consist of a reduced pavement section or other special
construction approved by the Municipal Engineer.
f.
Sidewalks and Pedestrian Paths.
1.
Sidewalks in conventional developments shall be placed in the right-of-way,
parallel to the street within the right-of-way, unless an exception
has been permitted to preserve topographical or natural features,
or to provide visual interest, or unless the applicant shows that
an alternative pedestrian system provides safe and convenient circulation.
In commercial and more intensely developed residential areas, sidewalks
may abut the curb.
2.
In planned developments, sidewalks may be located away from the road
system to link dwelling units with other dwelling units, the street,
and on-site activity centers such as parking areas and recreational
areas. They may also be required parallel to the street for safety
and other reasons.
3.
Pedestrian way easements at least 10 feet wide may be required by
the Planning Board through the center of blocks more than 600 feet
long to provide circulation or access to schools, playgrounds, shopping,
or other community facilities.
4.
Sidewalk width shall be four feet, wider widths may be necessary
near pedestrian generators and employment centers. Where sidewalks
abut the curb and cars overhang the sidewalk, widths shall be six
feet.
5.
Sidewalks and graded areas shall be constructed according to the
specifications set forth in the construction specifications.
6.
Sidewalks shall be provided on both sides of all streets and throughout
site development for ease of pedestrian access.
7.
All applications for development adjacent to or abutting the Raritan
Bay will include provisions for pedestrian public access to the beach
and the Bay. An access easement with a 25 foot minimum width will
be required along all bay frontage.
g.
Bikeways.
1.
Separate bicycle paths shall be required when such paths have been
specified as part of a municipality's adopted master plan.
2.
Bicycle lanes, where required, shall be placed in the outside lane
of a roadway, adjacent to the curb or shoulder. When on-street parking
is permitted, the bicycle lane shall be between the parking lane and
the outer lane of moving vehicles. Lanes shall be delineated with
markings, preferably striping. Raised reflectors or curbs shall not
be used.
3.
Bikeways shall be constructed according to the specifications set
forth in the construction specifications.
h.
Utility and Shade Tree Areas.
i.
Right-of-way.
1.
The right-of-way shall be measured from lot line to lot line and
shall be sufficiently wide to contain the cartway, curbs, shoulders,
sidewalks, graded areas, utilities and shade trees.
2.
The right-of-way width of a new street that is a continuation of
an existing street shall in no case be continued at a width less than
the existing street.
3.
The right-of-way shall reflect future development as indicated by
the master plan.
j.
Street Grade and Intersections. Street grade and intersection design
shall be constructed according to the specifications set forth in
the construction specifications.
k.
Pavement. Street pavement thickness shall vary by street hierarchy,
subgrade properties and pavement type as set forth in the construction
specifications.
l.
Lighting.
1.
Lighting shall be provided in accordance with a plan designed by
the utility company, or using as a guideline the standards set forth
by IES Lighting Handbook shown in the construction specifications.
2.
Lighting for safety shall be provided at intersections, along walkways,
at entryways, between buildings, and in parking areas.
3.
Spacing of standards shall be equal to approximately four times the
height of the standard.
4.
The maximum height of standards shall not exceed the maximum building
height permitted, or 25 feet, whichever is less.
5.
The height and shielding of lighting standards shall provide proper
lighting without hazard to drivers or nuisance to residents, and the
design of lighting standards shall be of a type appropriate to the
development and the municipality.
6.
Spotlights, if used, shall be placed on standards pointing toward
the buildings and positioned so as not to blind the residents, rather
than on the buildings and directed outward which creates dark shadows
adjacent to the buildings.
m.
Underground Wiring.
1.
All electric, telephone, television, and other communication facilities,
both main and service lines servicing new developments, shall be provided
by underground wiring within easements or dedicated public right-of-way,
installed in accordance with the prevailing standards and practices
of the utility or other companies providing such services.
2.
Lots which abut existing easements or public rights-of-way where
overhead electric or telephone distribution supply lines and service
connections have hereto before been installed may be supplied with
electric and telephone service from those overhead lines, but the
service connections from the utilities' overhead lines shall be installed
underground. In the case of existing overhead utilities, should a
road widening, or an extension of service, or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
3.
Where overhead lines are permitted as the exception, the placement
and alignment of poles shall be designed to lessen the visual impact
of overhead lines as follows: Alignments and pole locations shall
be carefully routed to avoid locations along horizons; clearing swaths
through treed areas shall be avoided by selective cutting and a staggered
alignment; trees shall be planted in open areas and at key locations
to minimize the view of the poles and the alignments; and alignments
shall follow rear lot lines and other alignments.
4.
Year-round screening of any utility apparatus appearing above the
surface of the ground, other than utility poles, shall be required.
n.
Signs.
1.
Design and placement of traffic signs shall follow the requirements
specified in Manuals on Uniform Traffic Control Devices for Streets
and Highways, published by the United States Department of Transportation
and adopted by the New Jersey Department of Transportation.
2.
At least two street name signs shall be placed at each four-way street
intersection and one at each "T" intersection. Signs shall be installed
under light standards and free of visual obstruction. The design of
street name signs should be consistent, of a style appropriate to
the community, of a uniform size and color, and erected in accordance
with local standards.
3.
Site information signs shall follow a design theme related and complementary
to other elements of the overall site design.
[Ord. #1045, § 9.3; Ord. #1090, § 1;
Ord. #1365, § 2]
a.
Number of Spaces.
1.
Off-street parking spaces shall be required in all developments to
accommodate residents and visitors.
4.
Alternative off-street parking standards shall be accepted only if
the applicant demonstrates that these standards better reflect local
conditions.
5.
A one-car garage and driveway combination shall count as 2.00 off-street
parking spaces, provided the driveway measures a minimum of 30 feet
in length between the face of the garage door and the sidewalk or
35 feet to the curbline. A two-car garage and driveway combination
shall count as 4.0 off-street parking spaces, provided the minimum
width of the driveway is 20 feet and its minimum length is as specified
above for a one-car garage.
6.
Where the total number of off-street parking spaces required may
not be immediately required for a particular use, a staged development
plan may be permitted which requires that only a portion of the parking
area, but not less than 65% of the required spaces be completed initially,
subject to the following regulations:
(a)
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required.
(b)
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
(c)
The portion of the parking area not to be paved initially shall be landscaped in accordance with Section 22-8.
(d)
The applicant shall post separate performance guarantees, in addition to the performance guarantees required under Section 22-10 which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
(e)
In lieu of a permanent certificate of occupancy, a temporary
certificate of occupancy may be issued for a period of two years.
Prior to the expiration of the two-year period, the applicant shall
either install the additional parking spaces shown on the site plan
and apply for issuance of a permanent certificate of occupancy or
apply to the Planning Board after the use has been in operation a
minimum of 18 months for a determination as to whether or not the
initial parking area provided is adequate. If the Planning Board determines
that the parking facility is adequate as originally constructed, the
performance guarantees shall be released and a permanent certificate
of occupancy issued. If, however, the Planning Board determines that
the partial off-street parking area is not adequate, the applicant
shall be required to install the additional parking facilities in
accordance with the terms of the performance guarantees prior to issuance
of a permanent certificate of occupancy.
(f)
Any change of use on a site for which the Planning Board may
have approved a partial paving of off-street parking areas to a use
which requires more parking spaces than are provided on the site shall
require submission of a new site plan.
b.
Size of Spaces. Each off-street parking space shall measure nine
feet in width by 18 feet in length. Parking spaces for the physically
handicapped shall be 12 feet wide. Striping of handicapped spaces
shall conform to the detail provided in Exhibit 3[3].
[3]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
c.
Parking Areas.
1.
Off-street parking areas shall be oriented to and within a reasonable
walking distance of the buildings they are designed to serve. This
distance shall be a maximum of 1,000 feet for employee parking; 500
feet to 800 feet for shoppers; 250 feet for non-elderly residents;
150 feet for elderly residents; and 300 feet for guests.
2.
Access to parking lots shall be designed so as not to obstruct free
flow of traffic. There shall be adequate provision for ingress to
and egress from all parking spaces to ensure ease of mobility, ample
clearance, and safety of vehicles and pedestrians.
3.
The width of all aisles providing direct access to individual parking
stalls shall be in accordance with the requirements specified below.
Only one-way traffic shall be permitted in aisles serving single-row
parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
|---|---|
|
30
|
12
|
|
45
|
13
|
|
60
|
18
|
|
90
|
24
|
4.
Where sidewalks occur in parking areas, parked vehicles shall not
overhang or extend over the sidewalk unless an additional two feet
are provided in order to accommodate such overhang.
5.
Parking areas shall be suitably landscaped to minimize noise, glare
and other nuisance characteristics as well as to enhance the environment
and ecology of the site and surrounding area. Parking lots containing
more than 100 spaces shall be broken down into sections of smaller
lots of 50 spaces separated from other sections by landscaped dividing
strips, berms, and similar elements.
6.
For all multiple dwellings and nonresidential uses, the perimeter
of all parking areas, internal islands, and planting areas shall have
continuous cast in place concrete curbing in accordance with the construction
specifications. All parking areas, aisles, and accessways for multiple
dwellings and nonresidential uses shall be surfaced with a properly
designed all weather pavement in accordance with the construction
specifications.
7.
Access to Parking Areas. No person shall erect, install, maintain
or permit the erection or existence of any structure that limits or
prohibits access to any parking area including gates, fences or barriers
without first obtaining site plan approval from the Planning Board.
This section shall not apply to single-family properties.
[Amended 5-18-1999 by Ord. No. 1258 ]
d.
Handicapped Parking Spaces. In accordance with N.J.A.C. 5:23-7 et
seq. every parking lot or parking garage shall have at least the number
of accessible parking spaces for the handicapped as set forth below:
|
Accessible Parking Spaces
| |
|---|---|
|
Total Parking In Lot
|
Parking Number of Accessible Spaces
|
|
Up to 50
|
1
|
|
51 to 200
|
2
|
|
Over 200
|
2 plus 1% of the number of spaces over 200 rounded to the next
higher whole number
|
|
Parking Facilities Serving a Hospital
|
2% of the spaces but not less than 2
|
|
Parking Facilities Serving Special Purpose Hospital that affect
mobility
|
20% of the spaces but not less than 2
|
|
Parking Facility Serving Long-term Care Facility
|
2% of the spaces but not less than 2
|
[Ord. #1045, § 9.4]
a.
For every building, structure or part thereof having over 10,000
square feet of gross floor area erected and occupied for any use other
than residential, there shall be provided at least one truck standing,
loading and unloading space on the premises not less than 12 feet
in width, 35 feet in length and with a minimum vertical clearance
of 14 feet. Buildings that contain in excess of 15,000 square feet
of gross floor area shall be required to provide additional off-street
loading spaces as determined by the Municipal Agency during site plan
review.
b.
Access to truck standing, loading and unloading areas shall not interfere
with public convenience and will permit orderly and safe movement
of truck vehicle.
c.
Unless otherwise permitted, fire zones shall not be used as standing,
loading or unloading areas.
d.
Loading areas, as required under this subsection, shall be provided
in addition to off-street parking spaces and shall not be considered
as supplying off-street parking spaces.
e.
Off-street loading and unloading areas shall conform, as applicable,
to all design and locational standards set forth for off-street parking.
[Ord. #1045, § 9.5]
a.
Water Supply System.
1.
All installations shall be properly connected with the Keansburg
Municipal Utilities Authority water system, prior to the issuance
of a certificate of occupancy.
2.
The water supply system shall be adequate to handle the necessary
flow based on complete development.
3.
Fire protection shall be furnished for any development connection
to the municipal water supply system.
5.
The water system shall be designed to carry peak-hour flows and be
capable of delivering the peak hourly demands indicated in Exhibit
5.
b.
System Design and Placement. System design and placement shall comply
with the specifications of the Keansburg Municipal Utilities Authority.
c.
Fire Hydrants.
1.
Hydrants shall be spaced to provide necessary fire flow, and the
average area per hydrant typically should not exceed 120,000 square
feet. In addition, hydrants shall be spaced so that each residence
shall be within 500 feet of a hydrant.
2.
A hydrant shall be located at all low points and at all high points
with adequate means of drainage provided.
3.
Hydrants shall be located at the end of lines, and valves of full
line size shall be provided after hydrants tees at the ends of all
dead lines and lines which may be extended in the future.
4.
Size, type, and installation of hydrants shall conform to the specifications
as set forth in the construction specifications.
[Ord. #1045, § 9.6]
b.
System Planning, Design and Placement.
1.
The planning, design, construction, installation, modification, and
operation of any treatment works shall be in accordance with the applicable
NJDEP regulations implementing the New Jersey Water Pollution Control
Act (N.J.S.A. 58:10a-1 et seq.) and the New Jersey Water Quality Planning
Act
[N.J.S.A. 58:11A-1 et seq.]
2.
All sanitary sewers, including outfalls, shall be designed to carry
at least twice the estimated average design flow when flowing half
full. In the case of large interceptor sewer systems, consideration
may be given to modified designs.
4.
System design and placement shall comply with the specifications
of the Keansburg Municipal Utilities Authority and the Bayshore Regional
Sewerage Authority, as applicable.
[Ord. #1045, § 9.7]
a.
Purpose.
1.
It is hereby determined that the waterways within the Borough of
Keansburg are at times subjected to flooding; that such flooding is
a danger to the lives and property of the public; that such flooding
is also a danger to the natural resources of the Borough of Keansburg,
the County and the State; that development tends to accentuate flooding
by increasing storm water runoff, due to alteration of the hydrologic
response of the watershed in changing from the undeveloped to the
developed condition; that such increased flooding produced by the
development of real property contributes increased quantities of waterborne
pollutants, and tends to increase channel erosion; that such increased
flooding, increased erosion, and increased pollution constitutes deterioration
of the water resources of the Borough of Keansburg, the County and
the State; and that such increased flooding, increased erosion and
increased pollution can be controlled to some extent by the regulation
of storm water runoff from such development. It is therefore determined
that it is in the public interest to regulate the development of real
property and to establish standards to regulate the additional discharge
of storm water runoff from such developments as provided in this Chapter.
2.
The storm water management plans submitted shall demonstrate careful
consideration of the general and specific concerns, values and standards
of the municipal master plan and applicable County, regional and State
storm drainage control program, any County mosquito commission control
standards, and shall be based on environmentally sound site planning,
engineering and architectural techniques.
3.
Development shall use the best available technology to minimize off-site
storm water runoff, increase on-site infiltration, simulate natural
drainage systems, and minimize off-site discharge of pollutants to
ground and surface water and encourage natural filtration functions.
Best available technology may include measures such as retention basins,
recharge trenches, porous paving and piping, contour terraces and
swales.
b.
System Strategy and Design. Storm water management system strategy
and design shall comply with the specifications set forth in the construction
specifications.
c.
Detention - When Required. Detention will be provided for all major
subdivisions and all major site plans resulting in more than 10,000
square feet of impervious surface. In such developments, the after
development peak rate of flow from the site will not exceed the corresponding
flow which would have been created by similar storms prior to development.
[Ord. #1045, § 9.8]
a.
Curbs.
1.
The standard curb section used shall be 20 feet in length. All concrete
used for curbs shall be prepared in accordance with the requirements
by class concrete of the New Jersey Department of Transportation,
Standard Specifications for Road and Bridge Construction (latest edition).
The twenty-eight-day compressive strength of the concrete used shall
be not less than the following:
|
Type of Concrete
|
Average Strength
(pounds per square inch)
|
|---|---|
|
Class P
|
6,500
|
|
Class A
|
5,500
|
|
Class B, B-1
|
5,000
|
|
Class C, C-1
|
4,500
|
2.
Curbs and/or combination curbs and gutters shall be constructed of
Class B concrete, air-entrained (5,000 p.s.i.)
3.
Where drainage inlets are constructed, but curbs are not required,
curbing must be provided at least 10 feet on each side of the inlet,
set back one-foot from the extension of the pavement edge.
4.
Open joints shall be provided at intervals of 10 feet. One-half inch
bituminous expansion joints shall be provided every 20 feet.
b.
Sidewalks and Bikeways.
1.
Sidewalks and Graded Areas.
(a)
Sidewalks shall be four inches thick except at points of vehicular
crossing where they shall be at least six inches thick. At vehicular
crossings, sidewalks shall be reinforced with welded wire fabric mesh
or an equivalent.
(b)
Concrete sidewalks shall be Class C concrete, having a twenty-eight
day compressive strength of 4,500 p.s.i. Other paving materials may
be permitted depending on the design of the development.
(c)
Graded areas shall be planted with grass or treated with other
suitable ground cover and their width shall correspond to that of
sidewalks.
2.
Bikeways.
(a)
Bicycle Paths. Dimensions and construction specifications of
bicycle paths shall be determined by the number and type of users
and the location and purpose of the bicycle path. A minimum eight
foot paved width should be provided for two-way bicycle traffic and
a five foot width for one-way traffic.
(b)
Bicycle Lanes. Lanes shall be four feet wide, or wide enough
to allow safe passage of bicycles and motorists.
(c)
Bicycle-safe drainage grates shall be used in the construction
of all residential streets.
c.
Street Grade, Intersections, Pavement, and Lighting.
1.
Street Grade.
(a)
Minimum street grade permitted for all streets shall be 0.5%;
but streets constructed at this grade shall be closely monitored and
strict attention paid to construction techniques to avoid ponding.
Where topographical conditions permit, a minimum grade in excess of
0.75% shall be used.
(b)
Maximum street grade shall be 8%.
2.
Intersections.
(a)
Minimum intersection angle. Street intersections shall be as
nearly at right angles as possible and in no case shall be less than
75°.
(b)
Minimum centerline offset of adjacent intersections. New intersections
along one side of an existing street shall, if possible, coincide
with any existing intersections on the opposite side of each street.
Use of "T" intersections in subdivisions shall be encouraged. To avoid
corner-cutting when inadequate, offsets exist between adjacent intersections,
offsets shall be at least between 175 to 200 feet between centerlines.
(d)
Grade. Intersections shall be designed with a flat grade wherever
practical. Maximum grade within intersections shall be 5% except for
collectors which shall be 3%.
(f)
Sight triangles. Sight triangle easements shall be required
and shall include the area on each street corner that is bounded by
the line which connects the sight or "connecting" points located on
each of the right-of-way lines of the intersecting street. The planting
of trees or other plantings or the location of structures exceeding
30 inches in height that would obstruct the clear sight across the
area of the easements shall be prohibited; and a public right-of-entry
shall be reserved for the purpose of removing any object, material
or otherwise, that obstructs the clear sight.
The distances shown in Exhibit 9[3] between the connecting points and the intersection of
the right-of-way lines shall be required.
[3]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
4.
Lighting. Lighting shall be designed in accordance with a plan designed
by the utility company; or the standards recommended in the IES Lighting
Handbook, shown in Exhibit 11[5], shall be used as a guideline.
[5]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
d.
Water Supply: System Design and Placement.
1.
System design and placement shall comply with all applicable NJDEP,
AWWA, and Keansburg Municipal Utilities Authority requirements with
the strictest standards governing.
2.
Fire Hydrants.
(a)
Size type, and installation of hydrants shall be in accordance
with local practice, or shall conform to the American Water Works
Association standard for dry barrel hydrants (AWWA C-502). Hydrants
shall have at least three outlets; one outlet shall be a pumper outlet
and other outlets shall be at least 2 1/2 inch nominal size.
Street main connections should be not less than six inches in diameter.
Hose threads on outlets shall conform to National Standard dimensions.
A valve shall be provided on connections between hydrants and street
mains. All pipe, fittings, and appurtenances supplying fire hydrants
shall be AWWA- or ASTM-approved.
e.
Sanitary Sewers: System Design and Placement. Design and placement
of sanitary sewer systems shall reflect New Jersey State regulations
and guidelines which implement the New Jersey Water Pollution Control
Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning
Act
[N.J.S.A. 58:11A-1 et seq.] and the requirements of the Keansburg
Municipal Utilities Authority.
f.
Storm Water Management: System Demand, Strategy, and Design.
1.
Storm Water Management: System Demand.
(a)
Watershed storm water management requires the determination
of two runoff parameters: runoff peak rates of discharge and runoff
volume. Both parameters shall be used in the comparison of predevelopment
and post-development conditions.
(b)
Peak rate of discharge calculations shall be used to determine
the configurations and sizes of pipes, channels, and other routing
or flow control structures. Runoff volume calculations shall be used
to determine the necessity for, and sizing of, detention and retention
facilities.
(c)
Runoff peak rate of discharge calculation. The peak rate of
runoff for areas of up to 1/2 of a square mile shall be calculated
by the Rational Method or derivatives. The equation for the Rational
Method is:
|
Qp = CIA
|
|
Where:
| ||
|
Qp
|
=
|
the peak runoff rate in cubic feet per second (CFS)
|
|
C
|
=
|
the runoff coefficient
|
|
I
|
=
|
the average rainfall intensity in inches per hour (in./hr.),
occurring at the time of concentration tc (minutes)
|
|
tc
|
=
|
the time of concentration in minutes (min.)
|
|
A
|
=
|
the size of the drainage area
|
(1)
Typical C values for storms of 5 to 10 years between periods
are provided in Exhibit 13[7]. Runoff coefficients in the following sources may also
be used:
U.S. Department of Commerce, Bureau of Public Roads, May 1965,
Design of Roadside Channels - Hydraulic Design Series No. 4 as supplemented
or amended; and Department of Transportation, Federal Aviation Administration,
July 1970, AC150/5320-5B, Airport Drainage, as supplemented or amended.
[7]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
(2)
The time of concentration (tc) shall
be estimated from Exhibit 14[8]. The analysis shall also consider the procedure outlined
in Sections 3.12(c) for Technical Release (TR) No. 55, Urban Hydrology
for Small Watersheds, U.S. Department of Agriculture, Soil Conservation
Series, as supplemented and amended (S.C.S. method).
[8]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
(3)
Rainfall intensity as a function of duration and storm recurrence
frequency shall be based upon geographically appropriate data as depicted
in the plates in technical paper No. 25, Rainfall Intensity Duration-Frequency
Curves, U.S. Department of Commerce, Weather Bureau, as supplemented
and amended. Rainfall intensity values may also be estimated from
Exhibit 15[9]. Intensity curves may be based on local rainfall frequency
data, where available. In all instances, a minimum time of concentration
of five minutes should be used. For storm sewer design, use the following
frequencies:
(i)
Ten year up to 21 inches.
Twenty-five year over 21 inches
Fifty year over 48 inches
(ii)
Fifty year from low points (sags).
(iii)
Fifty year for culverts.
[9]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
(4)
The size of the drainage area shall include on-site and off-site
lands contributing to the design point.
(5)
Computer software adaptations of the Rational Method calculations
are acceptable provided that their data and graphic printout allow
review and evaluation.
(6)
The peak rate of runoff for areas greater than 1/2 square mile
shall be calculated by the hydrograph analysis method as outlined
in TR No. 55 (S.C.S. method), as supplemented and amended.
(d)
Runoff volume calculation.
(1)
Runoff volume shall be calculated by the hydrograph analysis
method as outlined in TR No. 55 (S.C.S. method). This method shall
be used for watersheds with drainage areas of less than five square
miles. For drainage areas of less than 20 acres, the Universal Rational
Method hydrograph approximation may be used as an alternative.
(2)
Runoff volume for drainage areas of greater than five square
miles shall be calculated by Special Report No. 38, Magnitude and
Frequency of Floods in New Jersey with Effects of Urbanization, State
of New Jersey, Department of Environmental Protection, Division of
Water Resources (Stankowski Method).
(3)
Computer software adoptions of these runoff value calculations
are acceptable provided that their data and graphic printout allow
review and evaluation.
2.
Storm Water Management: System Strategy.
(a)
A system emphasizing a natural as opposed to an engineered drainage
strategy shall be encouraged.
(b)
The applicability of a natural approach depends on such factors
as site storage capacity, open channel hydraulic capacity, and maintenance
needs and resources.
(c)
Hydraulic capacity for open channel or closed conduit flow shall
be determined by the Manning Equation, or charts/nomographs based
on the Manning Equation. The hydraulic capacity is termed Q and is
expressed as discharge in cubic feet per second. The Manning Equation
is as follows:
|
Q = 1.486/n AR2/3 S1/2
|
|
Where:
| ||
|
n
|
=
|
Manning's roughness coefficient
|
|
A
|
=
|
Cross-sectional area of flow in square feet
|
|
R
|
=
|
Hydraulic radius in feet (R = A/P, where P is equal to the Wetted
Perimeter)
|
|
S
|
=
|
Slope of conduit in feet per foot
|
|
The Manning roughness coefficient to be utilized are shown in
Exhibit 16[10].
|
[10]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
(d)
Velocities in open channels at design flow shall not be less
than five-tenths foot per second and not greater than that velocity
which will begin to cause erosion or scouring of the channel. Permissible
velocities for swales, open channels and ditches are shown in Exhibit
17[11].
[11]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
(e)
Velocities in closed conduits at design flow shall be at least
two feet per second but not more than the velocity which will cause
erosion damage to the conduit.
3.
Storm Water Management: System Design — Pipe Capacity, Materials,
and Placement.
(a)
Pipe size shall be dictated by design runoff and hydraulic capacity.
(b)
Hydraulic capacity shall be determined by the Manning Equation,
except where appropriate, capacity shall be based on tailwater analysis
and one-year high tide.
(c)
In general, no pipe size in the storm drainage system shall
be less than 15 inch diameter. A twelve-inch diameter pipe will be
permitted as a crossdrain to a single inlet.
(d)
All discharge pipes shall terminate with a precast concrete
or corrugated metal end section or a cast-in-place concrete headwall
with or without wingwalls as conditions required.
(e)
Materials used in the construction of storm sewers shall be
constructed of reinforced concrete, ductile iron, corrugated aluminum,
or corrugated steel. The least expensive materials shall be permitted
unless site and other conditions dictate otherwise. Specifications
referred to, such as ASA, ASTM, AWWA, etc., should be the latest revision.
(1)
Reinforced concrete pipe:
(i)
Circular reinforced concrete pipe and fittings
shall meet the requirements of ASTM C-76.
(ii)
Elliptical reinforced concrete pipe shall meet
the requirements of ASTM C-507.
(iii)
Joint design and joint material for circular
pipe shall conform to ASTM C-443.
(iv)
Joints for elliptical pipe shall be bell and spigot
or tongue and groove sealed with butyl, rubber tape, or external sealing
bands conforming to ASTM C-877.
(v)
All pipe shall be Class II unless a stronger pipe
(i.e., higher class) is indicated to be necessary.
(vi)
The minimum depth of cover over the concrete pipe
shall be as designated by the American Concrete Pipe Association,
as follows:
|
Pipe Diameter
(inches)
|
ASTM Class Pipe
|
Minimum Cover
(surface to top of pipe)
|
Pipe Diameter
(inches)
|
ASTM Class Pipe
|
Minimum Cover
(surface to top of pipe)
|
|---|---|---|---|---|---|
|
III
|
17 inches
|
III
|
15 inches
| ||
|
12 inches
|
IV
|
12 inches
|
24 inches
|
IV
|
6 inches
|
|
V
|
7 inches
|
V
|
6 inches
| ||
|
III
|
16 inches
|
III
|
10 inches
| ||
|
15 inches
|
IV
|
11 inches
|
30 inches
|
IV
|
6 inches
|
|
V
|
7 inches
|
V
|
6 inches
| ||
|
III
|
16 inches
|
36 inches and above
|
III
|
6 inches
| |
|
18 inches
|
IV
|
10 inches
|
IV
|
6 inches
| |
|
V
|
6 inches
|
(2)
Ductile iron pipe shall be centrifugally cast in metal or sand-lined
molds to ANSI A21.51-1976 (AWWA C151-76). The joints shall conform
to AWWA C111. Pipe shall be furnished with flanges where connections
to flange fittings are required. Pipe should be Class 50 (minimum).
The outside of the pipe should be coated with a uniform thickness
of hot applied coal tar coating and the inside lined cement in accordance
with AWWA C104. Ductile iron pipe shall be installed with Class C,
Ordinary Bedding.
(3)
Corrugated aluminum pipe. Within the public right-of-way and
where severe topographic conditions or the desire to minimize the
destruction of trees and vegetation exists, corrugated aluminum pipe,
pipe arch or helical corrugated pipe may be used. The material used
shall comply with the Standard Specifications for Corrugated Aluminum
Alloy Culvert and Under Drains AASHTO designation M196 or the Standard
Specification for Aluminum Alloy Helical Pipe AASHTO designation M-211.
The minimum thickness of the aluminum pipe to be used shall be: less
than twenty-four inch diameter or equivalent, 0.075 inch (14 gauge);
24 inch diameter and less than forty-eight inch diameter or equivalent,
0.105 inch (12 gauge); forty-eight inch but less than seventy-two
inch diameter or equivalent, 0.135 inch (ten-gauge); and seventy-two
inch diameter or equivalent and larger, 0.164 inch (eight-gauge).
(4)
Corrugated steel pipe may be used
in place of corrugated aluminum and shall meet the requirements of
AASHTO Specification M-36. Coupling bands and special sections shall
also conform to AASHTO M-36. All corrugated steel pipe shall be bituminous
coated in accordance with AASHTO M-190, Type A minimum.
(a)
Pipe bedding shall be provided as specified in Design and Construction
of Sanitary and Storm Sewers, ASCE Manuals and Reports on Engineering
Practice No. 37, prepared by A Joint Committee of the Society of Civil
Engineers and the Water Pollution Control Federation, New York, 1969.
(b)
Maintenance easements shall be provided around storm water facilities
where such facilities are located outside of the public right-of-way.
The size of the easement shall be dictated by working needs.
4.
Storm Water Management: System Design — Inlets, Catch Basins,
and Manholes.
(a)
Inlets, catch basins and manholes shall be designed in accordance
with State Highway Department Standard Plans and Specification. Frame
and grates shall be Campbell Foundry Company Pattern No. 2617 Bicycle
Grates with stream-flowing grating, or equal.
(b)
Inlet spacing shall be designed to limit gutter flow width to
six feet but shall not be more than 400 feet.
(c)
Manhole spacing shall be increased with pipe size.
|
Pipe Size
|
Manhole Spacing
|
|---|---|
|
15 inches or less
|
500 feet
|
|
18 inches to 36 inches
|
600 feet
|
|
42 inches to 60 inches
|
700 feet
|
|
60 inches+
|
700 feet+
|
(d)
Manholes shall be precast concrete, brick or concrete block
coated with two coats of portland cement mortar.
(e)
If precast manhole barrels and cones are used, they shall conform
to ASTM Specification C-473 with round rubber gaskets joints, conforming
to ASTM Specification C-923. Maximum absorption shall be 8% in accordance
with ASTM Specification C-478, method A.
(f)
If precast manholes are utilized, the top riser section shall
terminate less than one foot below the finished grade and the manhole
cover shall be flush with the finished grade.
(g)
Manhole frames and covers shall be of cast iron conforming to
ASTM Specification A-48 Class 30 and be suitable for H-20 loading
capacity. All manhole covers in rights-of-way or in remote areas shall
be provided with a locking device. The letters "Year 19_____" and
the words "Storm Sewer" shall be cast integrally in the cover.
5.
Storm Water Management: System Design — Detention Facilities.
(a)
Development shall use the best available technology to accommodate
storm water management by natural drainage strategies as indicated
in this section.
(b)
Nonstructural management practices, such as open space acquisition,
stream encroachment and flood hazard controls shall be coordinated
with detention requirements. Changes in land use can often reduce
the scope and cost of detention provisions required by means of appropriate
change in runoff coefficients.
(c)
Detention and all other storm water management facilities shall
conform to the standards under the New Jersey Storm Management Act,
N.J.S.A. 40:55D-1 et seq.
(d)
Where detention facilities are deemed necessary, they shall
accommodate site runoff generated from two-, ten-, and 100-year storms
considered individually, unless the detention basin is classified
as a dam, in which case the facility must also comply with the Dam
Safety Standards, N.J.A.C. 7:20. These design storms shall be defined
as either a twenty-four hour storm using the rainfall distribution
recommended by the U.S. Soil Conservation Service when using Soil
Conservation Service procedures (such as U.S. Soil Conservation Service,
"Urban Hydrology for Small Watersheds", Technical Release No. 55)
or as the estimated maximum rainfall for the estimated time of concentration
of runoff at the site when using a design method such as the Rational
Method. Runoff greater than that occurring from the 100-year, twenty-four-hour
storm will be passed over an emergency spillway. Detention will be
provided such that after development the peak rate of flow from the
site will not exceed the corresponding flow which would have been
created by similar storms prior to development. For purposes of computing
runoff, lands in the site shall be assumed, prior to development,
to be in good condition (if the lands are pastures, lawns or parks),
with good cover (if the lands are woods), or with conservation treatment
(if the land is cultivated), regardless of conditions existing at
the time of computation.
(e)
In calculating the site runoff to be accommodated by a detention
facility, the method to be used is a tabular hydrograph method as
presented in TR No. 55 (S.C.S. method) as supplemented and amended.
(f)
Detention facilities shall be located as far horizontally from
surface water and as far vertically from groundwater as is practicable.
(g)
Detention facilities shall not intercept the post-development
groundwater table, where practicable.
(h)
The following list of general structural criteria shall be used
to design storm water detention basins. Due to the uniqueness of each
storm water detention basin and the variability of soil and other
site conditions, these criteria may be modified or appended at the
discretion of the Municipal Engineer if reasons for the variances
are indicated in writing.
6.
Detention Components: Principal Outlets (Quantity Control).
(a)
To minimize the chance of clogging and to facilitate cleaning,
outlet pipes shall be at least six inches in diameter. Similarly,
riser pipes, if utilized, shall be at least eight inches in diameter.
All pipe joints are to be watertight, reinforced concrete pipe. In
addition, trash racks and/or anti-vortex devices shall be required
where necessary.
(b)
Eight-inch thick anti-seep collars are to be installed along
outlet pipes. Reinforcement steel shall be No. 5 bars at 12 inches
both ways with two inches of cover on both faces (minimum).
(c)
Where necessary, a concrete cradle shall be provided for outlet
pipes.
(d)
All principal outlet structures shall be concrete block or reinforced
concrete. All construction joints are to be watertight.
(e)
Suitable lining shall be placed upstream and down-stream of
principal outlets as necessary to prevent scour and erosion. Such
lining shall conform to the criteria contained in Hydraulic Engineering
Circular No. 15 — Design of Stable Channels with Flexible Linings
published by the Federal Highway Administration of the U.S. Department
of Transportation or Standards for Soil Erosion and Sediment Control
in New Jersey published by the N.J. State Soil Conservation Committee.
7.
Detention Components: Principal Outlets (Quality Control).
(a)
Based upon the requirement limiting the size of the outlet to
a minimum of six inches in diameter, water quality control shall be
maintained by providing an amount of storage equal to the total amount
of runoff which will be produced by the one-year frequency SCS Type
III twenty-four-hour storm, or a 1.25 inch, two-hour rainfall at the
bottom of the proposed detention basin along with a minimum three-inch
diameter outlet.
(b)
The invert(s) of the principal outlet(s) used to control the
larger storms for flood control purposes would then be located at
the resultant water surface elevation required to produce this storage
volume. Therefore, the principal outlets would only be utilized for
storms in excess of 1.25 inch, two-hour event which, in turn, would
be completely controlled by the lower, three-inch outlet. If the above
requirements would result in a pipe smaller than three inches in diameter,
the period of retention shall be waived so that three inches will
be the minimum pipe size used. It should be remembered that, in all
cases, the basin should be considered initially empty (i.e., the storage
provided for the quality requirements and the discharge capacity of
its outlet should be utilized during the routing of the larger flood
control storms).
8.
Detention Components: Emergency Spillways.
(a)
Vegetated emergency spillways shall have side slopes not exceeding
three horizontal to one vertical.
(b)
Emergency spillways not excavated from noncompacted soil, shall
be suitably lined and shall comply with criteria contained in Hydraulic
Circular No. 15 or Standards for Soil Erosion and Sediment Control.
(c)
Maximum velocities in emergency spillways shall be checked based
on the velocity of the peak flow in the spillway resulting from the
routed Emergency Spillway Hydrograph. Where maximum velocities exceed
those contained in Exhibit 17[12], suitable lining shall be provided.
[12]
Editor's Note: The Exhibits referred to herein are included
as an attachment to this chapter.
9.
Detention Components: Dams and Embankments.
(a)
The minimum top widths of all dams and embankments are listed
below. These values have been adopted from the Standards for Soil
Erosion and Sediment Control in New Jersey published by the New Jersey
State Soil Conservation Committee.
|
Minimum Top Widths
| |
|---|---|
|
Height (Feet)
|
Top Width (Feet)
|
|
0 to 15
|
10
|
|
15 to 20
|
12
|
|
20 to 35
|
14
|
(b)
The design top elevation of all dams and embankments after all
settlement has taken place, shall be equal to or greater than the
maximum water surface elevation in the basin resulting from the routed
Freeboard Hydrograph. Therefore, the design height of the dam or embankment,
defined as the vertical distance from the top down to the bottom of
the deepest cut, shall be increased by the amount needed to insure
that the design top elevation will be maintained following all settlement.
This increase shall not be less than 5%. Where necessary, the Engineer
shall require consolidation tests of the undisturbed foundation soil
to more accurately determine the necessary increase.
(c)
Maximum side slopes for all dams and embankments are three horizontal
to one vertical.
(d)
All earth fill shall be free from brush, roots, and other organic
material subject to decomposition.
(e)
Cutoff trenches are to be excavated along the dam or embankment
centerline to impervious subsoil or bedrock.
(f)
Safety ledges shall be constructed on the side slopes of all
detention basins having a permanent pool of water. The ledges shall
be four to six feet in width and located approximately 2 1/2
feet to three feet below and one to one and 1 1/2 feet above
the permanent water surface.
(g)
The fill material in all earth dams and embankments shall be
compacted to at least 95% of the maximum density obtained from compaction
tests performed by the appropriate method in ASTM D698.
10.
Detention Facilities in Flood Hazard Areas.
(a)
There will be no detention basins in the floodway except for
those on-stream.
(b)
Whenever practicable, developments and their storm water detention
facilities should be beyond the extent of the flood hazard area of
a stream. When that is not feasible and detention facilities are proposed
to be located partially or wholly within the flood hazard area (as
defined by the New Jersey Division of Water Resources), or other areas
which are frequently flooded, some storm conditions will make the
facility in effective at providing retention of site runoff. This
will happen if the stream is already overflowing its banks and the
detention basin, causing the basin to be filled prior to the time
it is needed. In such cases, the standards established in these regulations
will be modified in order to give only partial credit to detention
capabilities located within a flood hazard area. The credit will vary
in a ratio intended to reflect the probability that storage in a detention
basin will be available at the time a storm occurs at the site.
(c)
In addition, detention development must be in compliance with
all applicable regulations under the Flood Hazard Area Control Act,
N.J.S.A. 58:15A-50 et seq.
(d)
Detention storage provided below the elevation of the edge of
the flood hazard area will be credited as effective storage at a reduced
proportion as indicated in the table below:
|
Size of Storage Area*
| |||
|---|---|---|---|
|
Elevation
|
Less than 15 square miles
|
15-100 square miles
|
Greater than 100 square miles
|
|
Less than 2 feet below
|
40%
|
65%
|
90%
|
|
Between 2 feet and 4 feet below
|
25%
|
50%
|
75%
|
|
Over 4 feet below
|
10%
|
25%
|
50%
|
|
* Area contributing floodwaters to the flood hazard area at
the site in question. This effective detention storage will be required
to provide for drainage of the developed land in accordance with the
criteria already established in these regulations. However, the gross
storage considered for crediting will not exceed that which would
be filled by runoff of a 100-year storm from the site.
|
(e)
As an alternative to the approach outlined in paragraph f,2
above, if the developer can demonstrate that the detention provided
would be effective, during runoff from the 100-year, twenty-four-hour
Type II storm, peaking simultaneously at the site and on the flood
hazard area, the developer's plan will be accepted as complying with
the provisions of paragraph f,2 above.
(f)
In making computations under paragraphs f,2 or f,5 above, the
volume of net fill added to the flood hazard area portion of the project's
site will be subtracted from the capacity of effective detention storage
provided. Net fill is defined as the total amount of fill created
by the project less the amount of material excavated during the construction
of the project, both measured below the excavation of the 100-year
flood but above the elevation of low water in the stream.
(g)
Where detention basins are proposed to be located in areas which
are frequently flooded but have not been mapped as flood hazard areas,
the provisions of either paragraphs f,2 or f,5 will be applied substituting
the elevation of a computed 100-year flood for the elevation of the
flood hazard area in paragraph f,2.
11.
Detention Facilities: Maintenance and Repair.
(a)
Responsibility for operation and maintenance of detention facilities,
including periodic removal and disposal of accumulated particulate
material and debris, shall remain with the owner or owners of the
property with permanent arrangements that it shall pass to any successive
owner, unless assumed by a governmental agency. If portions of the
land are to be sold, legally binding arrangements shall be made to
pass the basic responsibility to successors in title. These arrangements
shall designate for each project the property owner, governmental
agency, or other legally established entity to be permanently responsible
for maintenance, hereinafter in this section referred to as the responsible
person.
(b)
Prior to granting approval to any project subject to review
under this Chapter, the applicant shall enter into an agreement with
the municipality (or county) to ensure the continued operation and
maintenance of the detention facility. This agreement shall be in
a form satisfactory to the Municipal Attorney, and may include, but
may not necessarily be limited to, personal guarantees, deed restrictions,
covenants, and bonds. In cases where property is subdivided and sold
separately, a homeowners association or similar permanent entity should
be established as the responsible entity, absent an agreement by a
governmental agency to assume responsibility.
(c)
In the event that the detention facility becomes a danger to
public safety or public health, or if it is in need of maintenance,
the municipality shall so notify in writing the responsible person.
From that notice, the responsible person shall have 14 days to effect
such maintenance and repair of the facility in a manner that is approved
by the Municipal Engineer or his designee. If the responsible person
fails or refuses to perform such maintenance and repair, the municipality
may immediately proceed to do so and shall bill the cost thereof to
the responsible person.
12.
Storm Water Management: System Design — Protecting Water Quality.
(a)
In addition to addressing water quantity generated by development,
a storm water management system shall also enhance the water quality
of storm water runoff.
(b)
In order to enhance the water quality of storm water runoff,
storm water management shall provide for the control of a water quality
design storm. The water quality design storm shall be defined as the
one-year frequency SCS Type III 24 hour storm or a 1.25 inch two-hour
rainfall.
(c)
The water quality design storm shall be controlled by best management
practices. These include but are not limited to the following.
(1)
In "dry" detention basins, provisions shall be made to ensure
that the runoff from the water quality design storm is retained such
that not more than 90% will be evacuated prior to 36 hours for all
nonresidential projects or 18 hours for all residential projects.
The retention time shall be considered a brim-drawdown time, and therefore
shall begin at the time of peak storage. The retention time shall
be reduced in any case which would require an outlet size diameter
of three inches or less. Therefore, three-inch diameter orifices shall
be the minimum allowed.
(2)
In permanent ponds or "wet" basins, the water quality requirements
of this Chapter shall be satisfied where the volume of permanent water
is at least three times the volume of runoff produced by the water
quality design storm.
(3)
Infiltration practices such as dry wells, infiltration basins,
infiltration trenches, buffer strips, etc., may be used to satisfy
this requirement provided they produce zero runoff from the water
quality design storm and allow for complete infiltration within 72
hours.
(4)
Other suitable best management practices, contained in New Jersey
Stormwater Quantity/Quality Management Manual (State of New Jersey,
Department of Environmental Protection, February 1981) shall be consulted.
[Ord. #1045, § 10.1]
Improvement guarantees shall be provided to ensure the municipality
of the proper installation and maintenance of on-site and on-tract
improvements. The nature and duration of the guarantee shall be structured
to achieve this goal while not adding unnecessary project costs.
a.
Performance Guarantees.
1.
Before the signing and recording of final subdivision plats the applicant
shall have installed under the inspection of the Borough Engineer,
all improvements required unless the applicant has posted and the
Governing Body accepted, a performance guarantee providing for such
installation. The amount of the guarantee shall be determined by the
Borough Engineer, not to exceed 120% of the estimated cost of constructing
the improvement including but not limited to, streets, curbs, grading,
pavement gutters, sidewalks, street lighting, shade trees, surveyors
monuments, water mains, culverts, storm sewers, sanitary sewers, drainage
structures, soil erosion and sediment control devices.
2.
Performance guarantees shall be submitted in the following form:
(a)
A minimum of 10% of the performance guarantee must be posted
in cash, certified check or irrevocable standby letter of credit.
(b)
The remaining 90% of the performance guarantee amount may be
posted in cash, certified check, irrevocable standby letter of credit
or surety bond in the favor of the Borough.
(c)
If the applicant elects to post an irrevocable standby letter
of credit, it must be written in the following form which is included
as an attachment to this chapter.
(d)
All guarantees shall provide for construction of the required
improvements within two years of the date of their posting. This time
period may be extended by the Governing Body, in the form of a resolution
granting such extension provided the Municipal Agency has, if necessary,
extended the period of protection pursuant to N.J.S.A. 40:55D-52a.
As a condition of this extension the guarantee amount may be adjusted
to 120% of the estimated cost to construct the improvements at that
time.
(e)
All performance guarantees shall remain in effect until formally
released by the Governing Body by a resolution.
(f)
All guarantees, sureties, and lending institutions are subject
to the approval of the Municipal Attorney and the Governing Body.
3.
Inspections.
(a)
All site improvements shall be inspected during the time of their installation under the supervision of the Borough Engineer. Prior to the start of construction of any improvements, the applicant shall deposit by cash or certified check with the Borough Clerk the applicable inspection fee required by Section 22-3.
(b)
In no case shall installation of underground facilities or any
paving work be conducted without permission from the Borough Engineer.
(c)
The Engineer's office shall be notified two working days prior
to commencement of each of the following phases of construction so
that the Engineer or a qualified representative may be present to
inspect the work.
(1)
Road subgrade.
(2)
Curb and gutter forms.
(3)
Curbs and gutters.
(4)
Road paving.
(5)
Sidewalk forms.
(6)
Sidewalks.
(7)
Drainage pipes and other drainage construction.
(8)
Street name signs.
(9)
Monuments.
(10)
Sanitary sewers.
(11)
Detention and/or retention basins.
(12)
Topsoil, seeding, planting, shade trees.
(d)
Any improvement installed contrary to the plan or plat approval
by the Borough shall constitute just cause to void the municipal approval.
(e)
Any improvements installed without notice for inspection shall
constitute just cause for:
(1)
The issuance of a "stop work" order by the Municipal Engineer
pending the resolution of any dispute.
(2)
Removal of the uninspected improvements.
(3)
The payment by the developer of any costs for material testing.
(4)
The restoration by the developer of any improvements disturbed
during any material testing.
(f)
Inspection by the Borough of the installation of improvements
and utilities shall not operate to subject the Borough to liability
for claims, suits or liability of any kind that may at any time arise
because of defects or negligence during construction or at any time
thereafter; it being recognized that the responsibility to maintain
safe conditions at all times during construction and to provide proper
utilities and improvements is upon the owners and his contractor,
if any.
4.
Developers Agreement.
(a)
Prior to the signing and recording of final major subdivision
plats and as a condition of final site plan approval in the case of
a site plan, the developer shall enter into an agreement with the
Governing Body. This agreement shall be of a form that is acceptable
to the Municipal Attorney and one in which the developer agrees to
abide by the terms and conditions of the Board approval, construct
the required improvements in accordance with the approved plans, agree
to maintain the constructed improvements including but not limited
to, payment of street lighting charges, snow removal, maintenance
of storm drainage, sewer and water facilities. The developer also
shall agree that in the event the improvements are not maintained,
the Borough can utilize the cash portions of the performance guarantees
to immediately attend to items presenting a safety hazard.
5.
Release of Guarantees.
(a)
Upon substantial completion of required appurtenant utility
improvements, and the connection of same to the public system, the
obligator may notify the Governing Body in writing, by certified mail
addressed in care of the Municipal Clerk of the completion of substantial
completion of improvements and shall send a copy thereof to the Municipal
Engineer. Concurrent with this notice the obligor shall forward a
set of as-built plans for the following:
(1)
Roads (plans and profiles).
(2)
Surface and storm water drainage (plans and profiles) for facilities
in roads and easements.
(3)
Sanitary sewers including individual lot connections and cleanouts
(plans and profiles) for facilities in roads and easements.
(4)
Water mains, gas mains and underground electric, telephone and
community antenna television (C.A.T.V.) conduits (plans and profiles)
for facilities in roads and easements.
Thereupon the Municipal Engineer shall inspect all improvements
of which such notice has been given and shall file a detailed report,
in writing, with the Governing Body, indicating either approval or
rejection of such improvements with a statement of reasons for any
rejection. The cost of the improvements as approved or rejected shall
be set forth.
(b)
The Governing Body shall either approve, or reject the improvements,
on the basis of the report of the Municipal Engineer and shall notify
the obligor in writing, by certified mail, of the contents of said
report and the action of said approving authority with relation thereto,
not later than 65 days after receipt of the notice from the obligor
of the completion of the improvements. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guarantee, except for that portion adequately sufficient to secure
provision of the improvements not yet approved; provided that 30%
of the amount of the performance guarantee posted is retained to ensure
completion of all improvements. Failure of the Governing Body to send
or provide such notification to the obligor within 65 days shall be
deemed to constitute approval of the improvements and the obligor
and surety, if any, shall be released from all liability pursuant
to such performance guarantee for such improvements.
(c)
If any portion of the required improvements are rejected, the
obligor is required to complete such improvements and, upon completion,
the same procedure of notification, as set forth in this section shall
be followed.
(d)
Any release of performance guarantees will be conditioned upon
the provisions of a maintenance guarantee to be posted with the Governing
Body, in an amount equal to 15% of the performance guarantee amount.
[Ord. #1045, § 11.1]
This section is intended to ensure a pro rata share allocation
of the costs for off-tract improvements necessitated by new development.
[Ord. #1045, § 11.2]
As a condition of final subdivision or site plan approval, the
Municipal Agency may require an applicant to pay his/her pro rata
share of the cost of providing reasonable and necessary circulation
improvements and drainage facilities, including land and easements,
located off-tract of the property limits of the subdivision or development
but necessitated or required by the development. "Necessary" improvements
are those clearly, directly, and substantially related to the development
in question. The board shall provide in its resolution of approval
the basis of the required improvements. The improvements cost shall
include all design, legal, and the related expenses. The proportionate
or pro rata amount of the cost of such facilities within a related
or common area shall be based on the following criteria.
[Ord. #1045, § 11.3]
a.
Full Allocation. In cases where off-tract improvements are necessitated
by the proposed development, and where no other property owner(s)
receive(s) a special benefit thereby, or where neither the Borough
nor any other government entity has planned or programmed or accepted
the responsibility for any portion of the cost of the improvement,
the applicant may be required at his sole expense and as a condition
of approval, to provide and install such improvements.
b.
Proportionate Allocation.
1.
Where it is determined that the properties outside the development
will also be benefitted by the off-tract improvement, or where neither
the Borough nor any other government entity has planned or programmed
or accepted the responsibility for any portion of the cost of the
improvement, the following criteria shall be utilized in determining
the proportionate share of the cost of such improvements to the developer.
2.
Nothing in here shall be construed to prevent the Municipal Agency
and the developer from agreeing to use a different method to allocate
cost.
c.
Allocation Formula.
1.
Roadways. The applicant's proportionate share of street improvements,
alignment, channelization, barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere,
the construction or reconstruction of new or existing streets, and
other associated street or traffic improvements shall be as follows:
(a)
The Municipal Engineer or planner shall provide the applicant
with the existing and reasonably anticipated future peak hour-flows
for the off-tract improvements;
(b)
The applicant shall furnish a plan for the proposed off-tract
improvement which shall include the estimated peak-hour traffic generated
by the proposed development and the proportion thereof which is to
be accommodated by the proposed off-tract improvement. The ratio of
the peak hour traffic generated by the proposed development which
is to be accommodated by the off-tract improvement to the future additional
peak-hour anticipated to impact the proposed off-tract improvement
shall form the basis of the proportionate share. The proportionate
shall be computed as follows:
|
Total cost of enlargement or improvement cost
|
=
|
Capacity of enlargement or improvement (peak hour traffic)
|
|
Development-peak-hour traffic to be accommodated by the enlargement
or improvement
|
(c)
Drainage improvements. The applicant's proportionate share of
storm water and drainage improvements including the installation,
relocation and replacement of storm drains, culverts, catch basins,
manholes, rip-rap, improved drainage ditches and appurtenances thereto,
and relocation or replacement of other storm drainage facilities or
appurtenances associated therewith, shall be determined as follows:
(1)
The capacity and the design of the drainage system to accommodate storm water runoff shall be based on the standards specified in Section 22-9 of this Chapter, computed by the developer's engineer and approved by the Municipal Engineer.
(2)
The capacity of the enlarged, extended, or improved system required
for the subdivision and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer
subject to approval of the Municipal Engineer. The plans for the improved
system shall be prepared by the developer's engineer and the estimated
cost of the enlarged system calculated by the Municipal Engineer.
The prorated share for the proposed improvement shall be computed
as follows:
|
Total cost of enlargement or improvement cost
|
=
|
Capacity of enlargement or improvement (total capacity expressed
in cubic feet per second)
|
|
Development-generated peak rate of runoff expressed in cubic
feet per second to be accommodated by the enlargement or improvement
|
[Ord. #1045, § 12.1]
The documents to be submitted are intended to provide the approving
authority with sufficient information and data to assure compliance
with all municipal codes and specifications and to ensure that the
proposed development meets the design and improvement requirements
of this Chapter. The specification of documents is based on the type
of development and particular stage of development application.
[Ord. #1045, § 12.2]
The documents to be submitted are included as an attachment
to this chapter in a schedule format. In specific cases and for documented
reasons, the approving authority may waive the submission of a particular
document. The reasons for the waiver shall be indicated in the minutes
of the approving authority.
[Ord. #1150, § 1]
As used in this section:
Shall mean a building containing three or more dwelling units
occupied or intended to be occupied by persons living independently
of each other, or a group of such buildings.
Shall mean space allocated for collection and storage of
source separated recyclable materials.
[Ord. #1150, § 2]
There shall be included in any new multi-family housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to section 3 of P.L. 1987, c.102 (N.J.S.A. 13:1E-99) and any applicable requirements of the municipal master plan, adopted pursuant to section 26 of P.L. 1987, c.102.
[Ord. #1150, § 3]
The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
[Ord. #150, § 4]
The recycling area shall be well lit, and shall be safely and
easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling area without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling area, and the bins or containers placed
therein, against theft of recyclable materials, bins or containers.
[Ord. #1150, § 5]
The recycling area or the bins or containers placed therein
shall be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
[Ord. #1150, § 6]
Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
[Ord. #1150, § 7]
Landscaping and/or fencing shall be provided around any outdoor
recycling area and shall be developed in an aesthetically pleasing
manner.
[Ord. #1403, §§ 1-3]
a.
Findings.
1.
The Borough of Keansburg Unified Planning and Zoning Board, after
due consideration and in conformance with the Local Housing and Redevelopment
Law, (N.J.S.A. 40A:12A-1 et seq., "Redevelopment Law"), has recommended
the adoption of the Beachway Avenue Waterfront Redevelopment Plan
situated in the Borough of Keansburg, Monmouth County, New Jersey
prepared by Schoor DePalma, Inc., dated December 2005, ("Redevelopment
Plan") for the Beachway Avenue Waterfront Redevelopment District,
("BAWRD"), with the area of the BAWRD shown as Map 1 on page 3 of
the Redevelopment Plan.
2.
The Redevelopment Plan proposes development guidelines for the development of residential, commercial and recreational uses as set forth in Section 3 et seq. of the Redevelopment Plan.
3.
The Redevelopment Plan is in furtherance of the goals and objectives
of the Borough with respect to the BAWRD and the Redevelopment Law.
4.
The Borough Council of the Borough of Keansburg has reviewed the
Redevelopment Plan and held a public hearing about the Redevelopment
Plan to receive the comments of the public and interested parties.
b.
Adoption of Plan. The Redevelopment Plan is adopted as the official
redevelopment plan for the BAWRD, in accordance with the Local Housing
and Redevelopment Law.
c.
Zoning Map Amended. The zoning district map of the Borough's Land
Development Ordinance is hereby amended to reflect the applicability
of the Redevelopment Plan to the BAWRD and the Borough's Land Development
Ordinance as it affects the BAWRD is hereby superseded by the Redevelopment
Plan to the extent set forth herein.
[Ord. #1415]
a.
Preamble. On July 27, 2005, the Mayor and Council of the Borough
of Keansburg ("Borough") designated the entirety of the Borough as
an "Area In Need Of Rehabilitation" pursuant to the New Jersey Local
Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. ("LRHL").
Pursuant to N.J.S.A. 40A:12A-4, the Borough, through the firm
of Schoor DePalma Inc., prepared a redevelopment plan entitled "Redevelopment
Plan For Main Street Node, Carr And Raritan Avenues, Route 36 Gateway
Redevelopment Plan," substantially in the form attached hereto ("Redevelopment
Plan"), which provides for the rehabilitation of several areas of
the Borough, specifically the blocks along Carr Avenue between Raritan
Avenue and Beachway Avenue, two areas along Main Street, including
the intersection of Main Street and Beachway Avenue, and the property
located at Block 163, Lot 16.02 on Route 36 ("Rehabilitation Area").
By Resolution adopted July 26, 2006, the Borough Council referred
the Redevelopment Plan to the Planning Board ("Planning Board") for
its review and recommendation pursuant to N.J.S.A. 40A:12A-7.
The Redevelopment Plan has been available for public review
in the office of the Planning Board and in the office of the Municipal
Clerk.
The Planning Board, by Resolution dated August 14, 2006, recommended
that the Borough Council adopt the Redevelopment Plan for the Rehabilitation
Area.
The Borough Council hereby finds that the Redevelopment Plan
furthers the interests of the Borough and its residents by encouraging
revitalization of the Rehabilitation Area through the creation of
year-round employment opportunities and the development of a mix of
residential, commercial and recreational uses, as well as the comprehensive
rehabilitation of the public rights-of-way, and further finds that
it is appropriate for the Redevelopment Plan be adopted for the Rehabilitation
Area.
[Amended 5-18-1999 by Ord. No. 1258 ]
b.
Adoption of Plan.
c.
Zoning Map Amended. The Official Zoning Map included within the Borough
Zoning Ordinance is hereby amended to indicate the Redevelopment Area
to which the Redevelopment Plan applies and the Borough Clerk is hereby
directed to take all necessary actions to ensure that the Official
Zoning Map is updated accordingly.
[Added 8-19-2020 by Ord.
No. 1659]
