[Ord. No. 11-1314; Ord. No. 11-1323; Ord. No. 2015-1388; Ord. No. 2016-1404; Ord. No. 2015-1391]
A. 
Establishment of Zones. For the purposes of this Article, the Borough is hereby divided into districts, as follows:
RA
Residential Agricultural
R-1
Single-Family Residential
R-2
Single-Family Residential
R-3
Residential
R-3-I
Residential Inclusionary
R-4
Residential
R-4-I
Residential Inclusionary
AR
Age Restricted Housing
CCRC/AH
Continuing Care Retirement Community with Affordable Housing
AH
Affordable Housing (Including Age Restricted)
NC
Neighborhood Commercial
HCC
Highway/Community Commercial
IOP
Industrial Office Park
MFG
Manufacturing
MFG2
Manufacturing 2
OS/GU
Open Space/Government Use
RET
Large Scale Planned Retail Overlay Zone in Rehabilitation/Planned Development
Overlay Area
(Requires certain requirements be met)
Route 66
Redevelopment Area
CECOM
Redevelopment Area
TR
Transportation Corridor
B. 
Zoning Map. The location and boundaries of the above districts are hereby established on the Zoning Map of the Borough of Tinton Falls in Monmouth County dated September 2019, which is filed in the office of the Borough Clerk.[1] Said map or maps and all notations, references and designations shown thereon shall be part of this article as if the same were all fully described and set forth therein.
[Amended 10-1-2019 by Ord. No. 2019-1452]
1. 
Zoning Map Amendments.
Ord. No. 2015-1388: The Zoning Map of the Borough of Tinton Falls is hereby supplemented and amended to reflect the correct zoning of Block 128.03, Lots 1.04, 1.05, 1.07, 1.08, and 4 from the R-1 Single Family Residential to the IOP-Industrial Office Park Zone.
Ord. No. 2016-1404: The Zoning Map of the Borough of Tinton Falls is hereby supplemented and amended to reflect the rezoning of Block 120, Lot 21.01 from the IOP- Industrial Office Park to the NC- Neighborhood Commercial Zone.
Ord. No. 2020-1464: The Zoning Map of the Borough of Tinton Falls is hereby supplemented and amended to reflect the rezoning of the following properties from the Neighborhood Commercial (NC) Zone to the Residential (R-4) Zone: Block 3, Lot 3; Block 5.02, Lot 1.02; Block 5.01, Lot 22.02; Block 6.01, Lot 3; Block 6.02, Lot 6; and Block 7.01 Lot 18.
Ord. No. 2020-1465: The Zoning Map of the Borough of Tinton Falls is hereby supplemented and amended to reflect the rezoning of Block 97, Lot 29.02 from the Open Space/Government Use (OS/GU) Zone to the Residential (R-1) Zone.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C. 
Interpretation of Zone Boundaries. Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the map, the following rules shall apply:
1. 
The zone boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad right-of-way, waterways, sewer and utility easements or as otherwise indicated on Zoning Map. Where a zone boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line shall be as designated on said Zoning Map by means of figures or dimensions expressing distance in feet from a street side line or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall be with the Board of Adjustment.
2. 
In the event that a zone boundary line divides one or more lots, then the zone boundary line shall be considered the lot limit for computing all area, bulk, yard buffer and any other dimension requirements specified in this Article.
D. 
Schedule of Permitted Uses. The Schedule of Permitted, Conditional and Accessory Uses is contained in Schedule A and is hereby made part of this Chapter. (See Appendix)
Editor's Note: Schedule A is included as an attachment to this chapter.
E. 
Schedule of Area, Yard and Building Requirements. The Schedule of Area, Yard and Building Requirements is contained in Schedule B and is hereby made part of this Chapter. (See Appendix)
Editor's Note: Schedule B is included as an attachment to this chapter.
F. 
Permitted Uses This Zoning Article shall be viewed as permissive. After the adoption of this Chapter, no uses or structures shall be permitted in the Borough which are not listed as permitted, accessory or conditional uses or unless permitted by the Zoning Board of Adjustment in accordance with applicable State Statutes. Permitted uses shall require site plan approval by the appropriate Board.
G. 
Conditional Uses. Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall require site plan approval by the appropriate Board.
A. 
General.
1. 
No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.
2. 
No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in the district in which such building or structure is located.
3. 
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
4. 
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Article; and if, already less than the minimum required by this Chapter, said area or dimension shall not be further reduced. The provisions and restrictions contained in this Article shall not apply to or be binding upon the Borough of Tinton Falls.
5. 
Grading or other disturbance of property shall be accomplished in accordance with approved plans, good industry practice and in a manner to avoid damage to any property, including public infrastructure and neighboring lots, and to protect the health and safety of the public. No new development or changes to existing property shall result in a negative impact to adjacent properties. The applicant or property owner shall be responsible for addressing negative impacts to neighboring properties as related to grading or other property disturbance to the satisfaction of the Construction Official or Borough Engineer.
[Added 10-1-2019 by Ord. No. 2019-1452]
6. 
No building or structure shall be erected on, nor shall any clearing or grading take place on, any property not owned by the entity performing the work without prior written approval and easements from the property owner on which the work is taking place and approval of a zoning permit.
[Added 10-1-2019 by Ord. No. 2019-1452]
B. 
Yard Regulations.
1. 
Required Yards.
a. 
Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.
b. 
No yard or other open space provided for any building for the purpose, of complying with the provisions of this Article shall be considered as providing a yard or other open space for any other building on any other lot.
c. 
No land in a residential zone shall be used to fulfill open space, minimum areas, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.
2. 
Front Yards on Corner Lots. Where a lot is bounded by more than one street and is a corner lot as defined in this Chapter, the front yard setback requirements for the zone shall be satisfied with respect to each abutting street. The remaining yards shall be considered a rear yard. Corner lots shall have two front yards and two rear yards.
3. 
Front Yards on all Other Lots with Multiple Frontages. Where a lot is bounded by more than one street and is not a corner lot as defined by this Chapter, such as through lots or lots with multiple frontages, the front yard setback requirements for the zone shall be satisfied with respect to each abutting street. The remaining yards abutting adjacent property shall be considered a side yard. Accessory structures in yard areas opposite the front yard as determined by street address shall conform to front yard setback requirements and be screened by fencing or landscaping in compliance with this Chapter.
C. 
Projections and Encroachments. Yards required by this article shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this article, nor shall use be made of such yard, except as follows:
1. 
Driveways providing access to permitted garages or parking areas: provided, however, that in residential zones driveways used to provide access to private garages shall not be wider than 20 feet and shall be set back a minimum of five feet from the property line. If direct access to the garage requires a width greater than 20 feet, then the driveway width may be increased only to accommodate direct access in the garage.
2. 
Sills, leaders, eaves, soffits and similar ornamental or structural features may project not more than six inches into any required yard.
3. 
Fences and retaining walls, where specifically permitted in this chapter.
4. 
Television antennas and radio aerial masts, children's playground equipment, outdoor fireplaces and yard clothes lines and posts but must be set back at least 10 feet from any property line. Such structures shall not be located in the front yard.
5. 
Accessory buildings and uses, including swimming pools, where specifically permitted in this chapter.
6. 
Stair encroachments into yard areas are permitted in front and rear yard areas only by no more than three feet. No encroachments in the side yard area are permitted.
[Added 10-1-2019 by Ord. No. 2019-1452]
D. 
Critical Environmental Areas.
1. 
The following areas are designated critical environmental areas within the Borough:
a. 
All surface water bodies.
b. 
All wetlands.
c. 
Slopes in excess of 15%.
d. 
100-year flood plains and flood hazard areas.
2. 
Critical environmental areas shall be preserved and not built upon. Where a property containing critical environmental areas is proposed for development or other improvements, no proposed structures or fill shall be located within the critical environmental areas.
3. 
Residential Development. A minimum rear yard area of 10% of the total lot area, contiguous to the proposed building footprint and unencumbered by critical environmental areas shall be provided. The ratio width to depth for each rear yard area shall not exceed 2.5 to 1.
4. 
Nonresidential Development. Any and all buffer requirements for principal structures, accessory structures, parking spaces and drive aisles shall be measured from critical environmental areas.
5. 
The 100-year flood plain shall be at least that area designated on the streams identified on maps prepared by the Federal Emergency Management Agency and the State of New Jersey, or such broader area on those streams as might result from on-site evaluation.
6. 
On streams not identified by said maps, the 100-year flood plain shall be as delineated by a developer's engineer and approved by the Board Engineer and the State of New Jersey Division of Water Resources. The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a 100-year storm frequency. One or the other shall be delineated on the plat. In addition, the Board Engineer may, upon receipt of the application and with the consent of the landowner, determine the precise location of the floodway and flood fringe area by close inspection, field survey or other appropriate method and cause the same to be marked on the ground and on the plat, notifying the owner, the New Jersey Department of Environmental Protection, Division of Water Resources, and the Board. Where State or Federal agencies have or will publish any reports which clearly delineate by contours the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this Chapter.
7. 
Any lot containing a critical environmental area on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed development and use are permitted by this Chapter, plat approval has been granted, and any required permits have been issued by the New Jersey Department of Environmental Protection.
8. 
No septic systems shall be in critical environmental areas.
9. 
Permitted uses in critical environmental areas shall be as follows, provided they are permitted uses in the district in which the critical environmental areas is located and provided that none of these uses adversely affect the hydraulic capacity, water surface elevation, water quality and turbidity, erosion potential, wildlife habitat and other environmental impacts of critical environmental areas:
a. 
Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
b. 
Recreation: golf courses, playing fields, swimming areas, boat launching ramps, picnic and camping, and open space uses such as hiking trails.
c. 
Residential: lawns, gardens, and play areas.
10. 
The applicant shall submit maps, reports and other appropriate documents permitting the Board to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment or degrade the quality of surface water or the quality and quantity of groundwater; does not require channel modification or relocation; does not require fill or the erection of structures; and does not include the storage of equipment and materials.
E. 
Conservation Easements.
1. 
The removal of trees and ground cover shall be prohibited in a conservation easement or flood plains except for the following purposes: The removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or areas to be flooded as a result of the creation of ponds or lakes. Any changes, additions or removals of any materials within a conservation easement shall be subject of a permit from the Administrative Officer or his/her designee.
F. 
Mining.
1. 
Purpose. The purpose of this section is to establish guidelines for grading, drainage, erosion control and other provisions of this Chapter for existing sand and gravel operations. These regulations are brought about by numerous old pits that were abandoned without regard for future use, environmental considerations or aesthetic concerns, yet these abandoned operations are now in the path of development. These provisions are intended to guide those existing mines that are permitted to continue, but to establish standards to assure that these mines are operated in a safe, healthful and aesthetic manner, and so that the site is usable subsequent to completion of the excavating process.
2. 
No new mining sites are permitted.
3. 
The operating face of an area being mined shall not be closer to any property line or public street right-of-way than 100 feet, such limit to also extend vertically into the earth for any subterranean excavations.
4. 
The operator shall maintain a protective buffer zone which shall consist of a strip of land a minimum of 50 feet in width measured from the property lines of adjoining properties. This buffer zone shall be planted and maintained throughout the life of the mining operation. In addition, along the top edge of any mine pit with an operating face higher than 20 feet, the trees, shrubbery and other growth shall be removed for a distance of not less than 40 feet from such edge to permit a clear view of the slope. Appropriate warning signs of a permanent type shall be posted in the vicinity citing the danger.
5. 
Upon termination of a mining operation, the property shall be left in a condition where no dangerous holes or other hazards exist and where there is proper drainage to prevent the accumulation of stagnant water on the property. The resulting land surface shall be graded and drained so that storm waters will not collect on the property and storm waters draining from the property will not create flooding, erosion, siltation or hazardous conditions on or beyond the properties. All areas where the excavation is completed shall be landscaped with conifers and/or deciduous trees spaced on center no more distant than 50 feet, as well as planted and maintained with perennial rye at a quantity of 25 pounds per 6,000 square feet.
6. 
Applications, bonds, permits and operations shall be as required by the Freehold Soil Conservation District, in addition to the following:
a. 
The name, address, phone number and signature of the owner(s); the applicant, if different from the owner; and the person who will be in charge of the work.
b. 
Tax Map sheet, block and lot numbers.
c. 
The routes to and from the site over which the transporting of removed soil shall take place.
d. 
The location of any streams, flood plain areas or ponds, lakes or other bodies of water within 1,000 feet of the premises involved.
e. 
The area to be disturbed shown in sections of not more than three acres and numbered consecutively indicating the order of sections to be disturbed and graded.
f. 
Location of borings, which shall extend not less than four feet below the proposed finished grade and which shall include the soil description and water table so found. Not less than three borings per acre shall be made. The Borough Engineer may require additional borings if, in his opinion, the conditions warrant additional data.
g. 
The period for which the permit is sought, together with the proposed timetable covering the entire period and when all work will be completed.
h. 
All work shall be accomplished pursuant to the terms of the permit as issued and, in addition, the following regulations shall be strictly adhered to:
(1) 
The removal of any topsoil from the premises involved is expressly prohibited. All topsoil on premises involved shall be temporarily stored on the premises inside a fenced area during operations, and after grading is completed, the topsoil shall be respread on the premises to a depth of not less than six inches.
(2) 
Not more than three acres shall be disturbed at any one time.
(3) 
All trees, stumps and brush shall either be removed from the premises or shall be chipped into mulch and spread on-site to aid in reestablishing top soil. Unchipped material shall not be buried.
(4) 
Immediately upon completion of the respreading of the topsoil, the entire area shall be reseeded with grass seed or other cover crop as described in the permit.
(5) 
No excavation shall be permitted below the grade of any adjoining road unless the beginning of the slope is at least 100 feet from the road's right-of-way and the slope conforms to paragraph h(9) below.
(6) 
Soil removed or disturbed shall not be deposited or in any way thrown or placed upon adjoining property or roads.
(7) 
All operations shall be conducted in strict accordance with Federal and State laws, other ordinances of the Borough, and pursuant to the terms of the permit as granted.
(8) 
All operations shall be conducted so as not to constitute a public or private nuisance or create any dangerous conditions.
(9) 
No slopes created by any operation shall exceed one to one during the course of the operation. Slopes remaining at the completion of the work shall be limited by the type of permanent vegetative cover and the ability to maintain the surface. Maximum final slope shall not exceed one foot vertical per two feet horizontal. In active gravel pits or borrow pits, only the working face may have a slope exceeding one foot vertical per two feet horizontal. The working face slope shall not exceed one to one.
(10) 
Hours of operation shall be limited to the following: 7:00 a.m. to 6:00 p.m. (prevailing time), Monday through Saturday. No hours of operation shall be permitted on Sunday.
(11) 
Failure by a permittee to comply with the provisions of this Chapter or of a permit issued pursuant hereto shall be grounds for the immediate revocation and withdrawal of the permit by the Borough and shall constitute reason for the denial of any future permit to the permittee on the same premises or any other premises.
(12) 
Acceptance of the permit, when granted, shall constitute the granting of right of entry to Borough Officials for the purpose of making inspections of the work.
A. 
Lot Frontage. Every principal building shall be built upon a lot with the minimum required frontage upon an approved street, having a right-of-way width of at least 50 feet, which shall be improved in accordance with the street standards established by the Borough of Tinton Falls or the Residential Site Improvement Standards (RSIS), as applicable.
B. 
Lots with Frontage on More than One Street.
1. 
Corner lots shall have two front yards and two rear yards.
2. 
Any other lot where the lot abuts more than one street shall have a minimum setback from all property lines that abut streets equal to the required front yard.
C. 
Flag Lots and Through Lots. Flag lots and through lots on two or more streets are not permitted.
[Ord. No. 11-1314 § 11]
A. 
Only one principal use may be present on a lot, except for related uses forming one principal use in accordance with an approved plan, and limited to the following:
1. 
Public or institutional building complexes.
2. 
Office complexes or retail shopping centers.
3. 
Continuing care retirement communities.
A mix of permitted uses and their permitted accessory uses shall not be considered a single principal use, with the exception of those uses enumerated above.
B. 
Only one principal building may be erected on a lot except for related buildings forming one principal use in accordance with an approved plan, and limited to the following:
1. 
Public or institutional building complexes.
2. 
Office complexes or retail shopping centers.
3. 
Multi-family dwelling complexes.
4. 
Continuing care requirement communities. Developments with multiple buildings and uses as enumerated above may be approved on one lot provided each principal building and its accessory buildings are designed and spaced on the tract so they are spaced to allow a conforming subdivision at some future date by having the required street frontage, not exceeding the applicable floor area ratio, and meeting minimum lot size, lot dimensions, yards, parking, lot coverage, building coverage, and similar zoning and bulk requirements.
C. 
No new building shall be constructed on or any existing building altered or moved onto any lot for use as dwelling when there exists on said lot a building which is being used for dwelling purposes.
[Ord. No. 11-1317 § 2]
A. 
Desiring to minimize impacts on nearby residential properties and cognizant of the environmentally sensitive nature of the Shafto Road corridor, this chapter specifically prohibits asphalt manufacturing plants, concrete manufacturing plants, resource recycling facilities, and waste transfer stations in the MFG Manufacturing Zone. Asphalt manufacturing plants, concrete manufacturing plants, resource recycling facilities, and waste transfer stations are permitted in the MFG-2 Manufacturing 2 Zone, south of State Route 18, north of US Naval Weapon Station Earle and west of Pine Brook Road. Single stream recycling facilities are conditionally permitted in the MFG Manufacturing Zone.
B. 
No temporary building or structure shall be permitted within any zone in the Borough of Tinton Falls, except those incidental to construction activities taking place on the premises, provided that such shall be removed upon completion or abandonment of the work.
C. 
The temporary stockpiling or display of merchandise, equipment or inventory is prohibited in any zone except under the following conditions: that such stockpile or display is permitted as to use, and meets all of the requirements for setbacks, screening and the like established for the particular zone in which said activity is conducted.
D. 
No tourist cabins, tourist camps or trailer camps shall be permitted in any zone within the Borough of Tinton Falls, nor shall any trailer be permitted for residential use within any zone within the Borough of Tinton Falls.
E. 
No motor vehicle, vehicle, watercraft, trailer, recreational vehicle shall be parked in or on any grassy area that constitutes the front yard of any dwelling within the Borough of Tinton Falls.
F. 
No portable storage unit (shipping container, trailer, POD, etc.) shall be parked in or on any grassy area that constitutes the front yard of any dwelling within the Borough of Tinton Falls. Parking of the above-mentioned classes of storage units shall be confined to a driveway for no longer than 30 days or other approved parking area and shall not interfere with any required parking stall. The use of any class of storage unit shall be subject to the appropriate permitting requirements of the Borough.
G. 
No temporary garage or similar structure constructed of wood, fiberglass, plastic or metal poles, with or without a foundation or footings, clad in fabric, vinyl or other such material for the purposes of storing motor vehicles, recreational vehicles, or any household or other goods shall be permitted.
H. 
No school bus or school vehicles of any type used for the transportation of passengers as defined in N.J.S.A. 39:1-1 shall be permitted to park on any street or property within the Borough of Tinton Falls overnight. This section shall not apply to the parking of school buses on school-owned lands, public or private, or on streets contiguous to any school, public or private, within the Borough of Tinton Falls during school hours.
I. 
Duplex units and mobile homes/trailers shall not be permitted.
[Added 10-1-2019 by Ord. No. 2019-1452]
J. 
All classes of cannabis licenses as said terms are defined in section 3 of P.L. 2021, c. 16, are prohibited from operating anywhere in the Borough of Tinton Falls but not the delivery of cannabis items and related supplies by a delivery service not subject to local jurisdiction.
[Added 7-13-2021 by Ord. No. 2021-1474]
[Ord. No. 11-1314 §§ 13 - 16; Ord. No. 2015-1391; Ord. No. 2018-1434 § 1]
A. 
General Requirements.
1. 
No accessory building or structure shall be constructed on any lot on which there is not a principal building.
2. 
Any accessory building or structure attached to the principal building shall be considered part of the principal building.
3. 
Play sets, swing sets, jungle gyms and related equipment, as well as ponds and other water features shall be considered accessory structures in this chapter.
4. 
No accessory building, structure, or use shall be permitted on any lot other than the same lot as the principal structure to which it serves.
[Added 10-1-2019 by Ord. No. 2019-1452]
B. 
The following requirements shall be complied with in all residential zones:
1. 
No accessory building or structure shall be used for human habitation.
2. 
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet in height.
3. 
Pools shall be located no closer than 10 feet to any other building.
[Amended 10-1-2019 by Ord. No. 2019-1452]
4. 
No accessory building or structure shall be located closer to a right-of-way line than the principal building. On corner lots, accessory building or structure shall not be located closer to a street than the minimum front yard requirements for the district and screened by landscaping in compliance with this chapter.
5. 
Up to two accessory buildings are permitted on a lot. Accessory buildings or structures located on the same lot must be for different uses and shall not exceed an area of 400 square feet maximum per site. For example, one detached garage and associated driveway is permitted provided there is no attached garage. One accessory building for household goods and equipment such as a cabana, barn, tool shed, storage shed, or garden shed accessory to a detached single-family dwelling is permitted.
[Amended 10-1-2019 by Ord. No. 2019-1452]
6. 
No accessory building or structure shall have an area greater than 400 square feet.
[Amended 10-1-2019 by Ord. No. 2019-1452]
7. 
An accessory building or structure less than 10 feet in height shall not be closer than five feet to a side lot line or three feet from a rear lot line and shall only be permitted to the rear of the principal building.
[Amended 10-1-2019 by Ord. No. 2019-1452]
8. 
An accessory building or structure greater than 10 feet in height shall not be closer than the height of the building to a side or rear lot line and shall only be permitted to the side or rear of the principal building.
[Amended 10-1-2019 by Ord. No. 2019-1452]
C. 
The following requirements shall be complied with in all nonresidential zones:
[Amended 10-1-2019 by Ord. No. 2019-1452]
1. 
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet or be more than one story in height.
2. 
No accessory building or structure shall be permitted in any front yard.
3. 
Accessory buildings and structures built within the side yard must meet all side yard setbacks.
4. 
Accessory buildings and structures shall not be closer than the height of the accessory building to a rear lot line.
5. 
No accessory building or structure in a nonresidential district shall have an area greater than 400 square feet.
6. 
Up to two accessory buildings or structures are permitted on a lot.
D. 
Requirements — Specific Accessory Structures and Uses. Requirements for specific accessory structures and uses.
1. 
Outdoor Storage.
a. 
Outdoor storage, except for the outdoor storage and display of retail goods and merchandise within designated areas as permitted herein, is prohibited within the front yard or in a side yard adjoining a street.
b. 
The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards, incidental to authorized residential use and occupancy, is prohibited in all residential zones.
c. 
No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
d. 
No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces such as wind or water.
e. 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise attractive to rodents or insects, shall be stored outdoors only in closed containers.
f. 
Commercial Outdoor Storage.
(1) 
All commercial outdoor storage, except for the outdoor storage and display of retail goods and merchandise within designated areas as permitted herein, shall be set back from a school or recreation area at least 300 feet and set back from any residential property line at least 100 feet.
(2) 
All commercial outdoor storage, except for the outdoor storage and display of retail goods and merchandise within designated areas as permitted herein, shall be in the rear or side yard and screened from view of all public streets by buildings and/or a fifty-foot buffer of dense evergreen plant material and/or fences as deemed necessary by the Board to achieve the intended buffer.
(3) 
Retail Wholesale Stores. Outdoor storage and display of lumber, building supplies, nursery stock, and garden supplies shall be permitted provided the material is limited to a single area of the site and this area does not exceed 10% of the lot area.
(4) 
Landscaping, Construction, Demolition or other such Contractors. Outdoor equipment storage such as construction equipment, trucks, chippers, mulch piles and stockpiles of clean materials shall be permitted, provided the equipment and materials are limited to a single area of the site and this area does not exceed 50% of the lot area. Under no circumstances shall any stored material leave the site by natural causes or forces such as wind or water.
(5) 
Concrete and Asphalt Manufacturing Plants. Outdoor equipment storage such as loaders, trucks, and other such equipment and stockpiles of aggregate materials shall be permitted provided the equipment and materials are limited to a single area of the site and this area does not exceed 10% of the lot area. Aggregate materials must be stored in designated bins or other such constructions. Under no circumstances shall any stored material leave the site by natural causes or forces such as wind or water.
(6) 
Outdoor Storage and Display of Retail Goods and Merchandise. The outdoor storage and display of retail goods and merchandise shall be permitted provided that the storage and display of such goods and merchandise takes place within designated areas approved by the Planning Board, Board of Adjustment, or Administrative Officer. The outdoor storage and display of retail goods and merchandise shall take place in an orderly manner and shall not create a junk like condition that results in a negative visual impact when viewed from a public street, right-of-way, or an adjacent property, nor shall such storage and display of retail goods and merchandise encroach upon any required yard setback. Each designated storage and display area shall be screened from all public rights-of-way and adjacent properties through a combination of fencing and landscaping. Fencing shall be provided in accordance with the provisions of § 40-33.D.5. Landscaping shall be provided around the outside of the fenced outdoor storage and display area in accordance with § 40-25.D and § 40-25.E.
(7) 
All Other Commercial Uses. Outdoor display or storage of any materials are prohibited.
(8) 
Resource recycling facilities are governed by separate ordinance section.
(9) 
Single Stream Recycling Facilities. Outdoor equipment storage such as construction equipment, loaders, trucks and other such equipment, outdoor storage of Class A, Class B and Class C recyclable materials (excepting they're from source separated food waste), and outdoor processing of Class B and Class C recyclable materials (excepting they're from source separated food waste) and scrap metal shall be permitted provided the equipment, processing and materials are limited to a single area of the site and this area does not exceed 65% of the lot area. Pre- and post-processed recyclable materials must be stored in designated bins or similar enclosures. Under no circumstances shall any material stored outdoors leave the site by routinely occurring natural causes or forces such as wind or water.
2. 
Decks and Patios.
a. 
Any decks or patios above grade shall meet the required yard setbacks for principal buildings.
b. 
Decks and patios shall be permitted in the side and rear yard area only.
c. 
Second story decks shall be permitted if accessed from the building interior only. No second floor decks shall be permitted on accessory buildings.
d. 
Any decks and patios at grade shall be located no closer than 10 feet to any property line.
e. 
All decks and patios shall be included in the calculation of total lot coverage.
f. 
The elevation of the second floor deck shall be no higher than the finished second floor elevation.
3. 
Swimming Pools/Hot Tubs/Spas.
a. 
Only one pool and one hot tub/spa shall be permitted per single-family residence. No private residential pool/hot tub/spa shall be installed on any lot without a residence.
b. 
The water edge of the pool and hot tub/spa shall be a minimum of 15 feet from the side and rear lot lines.
c. 
The water surface of any swimming pool, hot tub or spa shall not be included in the calculation of lot coverage.
d. 
Fencing in the front yard shall not be located closer than the front building line or 20 feet from the front property line, whichever is greater. Safety fencing height shall be four feet.
e. 
All private swimming pools/hot tubs/spas shall only be located in a rear yard.
f. 
On any corner lot or through lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on any street.
g. 
Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.
h. 
No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.
i. 
Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of accessory structures.
j. 
Any noise-generating equipment shall be located so as to minimize the impact upon adjacent properties.
k. 
All associated pool and hot tub/spa equipment shall be a minimum of 10 feet from the side and rear lot lines.
[Added 10-1-2019 by Ord. No. 2019-1452]
4. 
Tennis/Sports Courts.
a. 
Only one tennis/sports court shall be permitted per single-family residence. No tennis/sports court shall be installed on any lot without a residence.
b. 
Tennis/sports courts shall be a minimum of 20 feet from any property line.
c. 
Fencing in the front yard shall not be located closer than the front building line or 20 feet from the front property line, whichever is greater. Maximum height shall be 10 feet. Fencing shall be coated chain link. Slats are prohibited. Fabric/netting is allowed up to a maximum height of four feet.
d. 
All tennis/sports courts shall only be located in a rear yard.
e. 
On any corner lot, no part of any tennis/sports court shall be constructed within the front yard area required to be provided on either street.
f. 
Artificial lights used or maintained in connection with a tennis/sports court shall be so located and shielded that the illumination there from is not directed upon any adjacent property. No lighting may remain lit after 10:00 p.m.
g. 
No tennis/sports court shall be used other than as an accessory use of the premises whereon it is located.
h. 
Any buildings or structures erected in conjunction with a tennis/sports court shall comply with the provisions of accessory structures.
5. 
Fences and Walls.
[Amended 10-1-2019 by Ord. No. 2019-1452]
a. 
All fences, walls or similar structures shall be considered accessory structures. No fences or walls shall be erected without a principal use.
b. 
Fences and walls shall not be located in any required sight triangle or in a public right-of-way.
c. 
All fences and walls shall be designed and constructed so as not to block the flow of surface water and to permit adequate drainage.
d. 
Fences and walls topped with barbed wire, razor wire, broken glass, or similar materials, or that are electrically charged, are prohibited except barbed wire and electrically charged fence may be used on farm qualified properties.
e. 
Fences and walls shall not contain signage or other displays unless otherwise permitted herein.
f. 
Wire mesh (except when used on farm qualified properties and as outlined below), canvas, cloth, and other similar materials are prohibited as either a fence or wall, or as an attachment to a fence or wall. Black galvanized steel wire mesh, 12.5 gauge minimum, or black vinyl coated chain link may be permitted as an attachment to split rail fences around drainage basins or swimming pools where required for safety purposes by the Planning/Zoning Board or its professionals or the Construction Official.
g. 
Freestanding walls shall be constructed of brick or decorative stone only. Retaining walls required to implement grading plans approved by the Borough/Board Engineer may be constructed of treated lumber, or synthetic, or masonry products meeting nationally recognized engineering standards for retaining wall purposes.
h. 
All fences and walls shall be constructed for permanency. No temporary fences or walls are permitted except for construction fences or walls (such as when used as a soil erosion control method), but only with the prior approval of the Board. Snow fences are also permitted as a temporary fence with the approval of the Borough Engineer for the safety of, and to promote the general welfare of, the residents of the Borough.
i. 
Fences in the front yard shall not exceed four feet in height (except on farm qualified properties), shall be set back at least 10 feet from the edge of the front property line.
j. 
Walls in the front yard shall not exceed two feet in height and shall be set back at least 10 feet from the edge of the front property line.
k. 
Fences in the front yard shall be limited to split rail, picket, or decorative metal with an open area of at least 50%.
l. 
Chain link fences are not allowed in the front yard except that in neighborhoods where the prevailing lot widths are 40 feet, but no greater than 80 feet, a chain link fence is allowed in the front yard on those lots where the lot width is no greater than 80 feet. Slats are not allowed in front yard fences.
m. 
Fences and walls in side and rear yards shall not exceed six feet in height (except on farm qualified properties).
n. 
For corner lots or lots with multiple frontages, fences in a front yard that is not the front yard as determined by street address shall not exceed six feet in height and may be of solid construction if the fence conforms to the front yard setback requirements and is screened by landscaping in compliance with this chapter.
o. 
For through lots abutting Heritage Boulevard and another street, six-foot-high solid fences are permitted to be set back no less than five feet and no greater than a distance of 10 feet from the Heritage Boulevard right-of-way, and shall meet all other requirements of this section. For any six-foot-high fence along Heritage Boulevard, an evergreen landscaped buffer no less than three feet in width shall be provided between the fence and Heritage Boulevard.
p. 
The height of any fence or wall shall be measured from the adjacent finished grade.
q. 
Before a fence shall be erected, constructed, relocated, altered, rebuilt, extended or enlarged, a zoning permit shall be obtained from the Zoning Official of the Borough of Tinton Falls.
r. 
The finished or right side of any fence or wall shall face the adjoining property or street.
s. 
The Zoning Official may deny fence permits on corner lots if he determines that the installation of said fences will adversely affect automobile sight lines, thereby creating a danger to public safety.
t. 
All fences on a parcel shall be consistent in size, texture and design and shall be compatible with the materials, scale and building arrangement of principal and accessory structures on the site.
u. 
Where a retaining wall of solid masonry construction is required, the retaining wall shall be permitted, provided that the height of the wall does not exceed six inches above the grade of the land.
v. 
For any retaining wall three feet in height or greater, signed and sealed structural plans, details, and calculations prepared by a professional engineer licensed in the State of New Jersey must be submitted to the Borough Construction Official for review and approval. Grading plans prepared by a professional engineer licensed in the State of New Jersey must be submitted to the Borough Engineer for review and approval.
6. 
Family Day Care Homes. Family day care homes are permitted as an accessory use in all single-family residential zones and shall be licensed by the New Jersey Department of Human Services and provided it adheres to the following conditions.
a. 
A family day care home operating in a detached single-family dwelling is limited to no more than five children in addition to the children of the residents of the home.
b. 
The property shall meet the minimum area and dimensional requirements for the lot in this zone and provides a minimum of four off-street parking spaces and a paved driveway measuring at least 18 feet wide by 40 feet in length.
7. 
Home Occupation. Home occupations are permitted as an accessory use in all single-family residential zones provided the occupant adhere to the following conditions.
a. 
The home occupation shall occupy no more than 900 square feet, or the equivalent of 25% of the first floor of a residence, whichever is smaller.
b. 
A maximum of one room may be used for work purposes.
c. 
The activity must be conducted in the primary dwelling unit and not conducted in a garage or other accessory structure.
d. 
The remainder of the dwelling unit must meet all other health, safety and related requirements for a dwelling unit.
e. 
No more than one full-time or part-time employee may work at the dwelling, other than the resident(s) of the dwelling, provided there is sufficient off-street parking for the employee.
f. 
No employee may be dispatched from the site.
g. 
No sign shall be visible from the exterior of the dwelling.
h. 
No activity shall be visible from a property line or the street.
i. 
No change in the exterior of the residential appearance of the dwelling.
j. 
There shall be no occupational sound, light, or other nuisance created which would be audible or visible outside the building.
k. 
There will be no delivery of bulk raw materials to, or shipment of finished goods from, the site and the use does not result in on-site sales or visitations by customers or clients.
l. 
If these conditions are all met, the use is considered a customary and incidental use of the home for the convenience of the resident occupant and no permit or approval shall be required.
m. 
If any of the conditions are not met, the function shall not be a permitted use.
8. 
Non-Registered Vehicles. No disabled or unregistered vehicles shall be stored in any district except in an enclosed building. A motor vehicle shall be deemed to be stored if it has been on the property for a time period of at least 10 days. No motor vehicle which is on blocks or any type of lifting device shall be left unattended unless housed within a garage. No motor vehicle shall be parked on any property unless it is currently registered, insured and operable and parked on a prepared surface, such as paved, graveled or stoned.
9. 
Commercial Vehicle Parking. Any vehicle used for commercial purposes shall not be parked, stored or maintained on any lot in a residential zone except:
a. 
No more than two motorized vehicles (maximum two vehicles) used for commercial purposes may be parked, stored or maintained on any lot in a residential zone, but only if any such vehicle (i) has a height of eight feet or less (excluding antennas and exhaust stacks), and (ii) has a length of 20 feet or less which length shall be measured as the total overall length but not including removable accessories.
(1) 
Any vehicle bearing a commercial, tractor, livery, school bus or omnibus motor vehicle registration shall be presumed to be used for commercial purposes.
(2) 
Notwithstanding any provision in this Chapter to the contrary, garbage trucks, tanker trucks, waste disposal vehicles, buses, tractor trailers or motorized construction vehicles/equipment are expressly prohibited from being parked, stored or maintained in any residential zone.
(3) 
The owner/operator of any commercial vehicle(s) shall reside on the property on which the vehicle is parked.
b. 
Vehicles parked on any such lot for making deliveries, or service vehicles providing a service to the dwelling located on any such lot are excepted from this provision for as long as the vehicle is being used to make a delivery or the operator is performing a service.
c. 
Any vehicle used on a farm as defined in this Chapter is expressly exempt from this provision.
10. 
Recreational Vehicles. The parking of recreational vehicles less than six feet in height shall be confined to the rear yard on a prepared surface, not unlike a driveway, and shall be 15 feet from any property line. All other recreational vehicles shall not be parked, stored, or maintained on any lot. One vehicle as described in the definition of recreational vehicles is permitted.
11. 
Antennas and Satellite Dishes.
a. 
Permanently installed amateur radio transmitting and receiving antennas and their associated towers, television receiving antennas, and satellite receiving dish receiving antennas are permitted in every zoning district as an accessory to a principal use on the same lot, provided:
(1) 
Where practical, wires and cables running between the device and any other structure are installed underground.
(2) 
There is no advertising attached to the tower or antenna.
(3) 
The natural grade of the lot shall not be changed to increase the elevation of a tower.
(4) 
The device shall be colored, constructed, located and screened from view to the maximum extent practicable, so as to minimize the visual impact from adjoining properties and public rights-of-way.
b. 
An antenna, tower, and related devices shall be located only on a building or in a side or rear yard. It shall not be located in a front yard.
c. 
An antenna, including a tower, if any, shall be set back from the side or rear lot lines a distance at least equal to the toppling distance of the device, but in no instance shall it be closer to a lot line than as follows:
(1) 
A residential use next to a residential use: 20 feet.
(2) 
A nonresidential use next to a nonresidential use: 30 feet.
(3) 
A nonresidential use next to either a residential use or residential zoning district: 75 feet.
d. 
Plantings shall be used to minimize visual impact and shall be evergreen trees, placed two feet apart around that portion of the device which can be seen from an adjacent lot or public right-of-way. The plantings shall be such that they will screen the device without interfering with the effectiveness of the antenna.
e. 
Where an antenna is mounted on a building the top of the antenna shall not exceed the height of the roof line of the building on which it is located by more than the following:
(1) 
Dish antennas in a residential zone: six feet.
(2) 
Dish antennas in a nonresidential zone: 12 feet.
(3) 
Conventional television antennas: 10 feet.
(4) 
Amateur radio antennas, such as whips and dipoles: 15 feet.
f. 
The maximum height of a ground mounted dish antenna shall be 15 feet in a residential zone and 17 feet in a nonresidential zone.
g. 
The maximum diameter of any dish antenna shall be 10 feet for residential uses and 12 feet for commercial or public uses.
h. 
Notwithstanding the above, a dish antenna that is less than two feet in diameter may be mounted anywhere on a building and need not be screened.
i. 
The height of a ground mounted antenna tower may not exceed 40 feet. An amateur radio type of antenna mounted on such a tower may extend a maximum of 15 feet above the top of the tower.
j. 
Portable dish antennas (not permanently mounted on a building or permanently affixed to the ground) are prohibited in all residential zoning districts, except for demonstration purposes only, which may remain on a lot for a period not to exceed 48 hours.
12. 
Parking Garages.
a. 
Parking garages are permitted accessory uses to a principal use on the same property. Parking garages are not to be considered permitted principal uses and may not be located on a lot without a principal use.
b. 
No more than four parking levels are permitted and shall not exceed the height of the principal structure.
c. 
Parking garages shall be set back from perimeter lot lines and/or lease lines the same as required for principal buildings.
d. 
Each parking garage shall have at least one pedestrian exit toward each building it serves and each parking garage having three or four levels shall have at least one covered walkway exiting either the third or fourth level of the garage into each building it serves.
13. 
Accessory Retail within Larger Office and Industrial Facilities.
a. 
In a single building containing at least 100,000 square feet of gross floor area.
(1) 
Accessory convenience services such as, but not limited to, banking services, gift shop, newsstand, office supplies, dry cleaners, travel agent/ticket sales, and pharmacy may be permitted provided these uses are incidental and subordinate to the principal use, are for the convenience of the employees in the complex, and do not exceed the equivalent of 3% of the gross floor area of the building or 4,000 square feet, whichever is less.
(2) 
These services shall be designed as an integral part of the interior of the building and shall have no separate, exterior means of access for the customers. They may be located throughout the building or in one area, but there shall be no separate structure(s) for retail purposes, including no separate shopping center.
(3) 
In designing the proposed services, drive-up window services shall not be permitted.
b. 
Within a complex of one or more principal structures containing more than 200,000 square feet of gross floor area.
(1) 
Accessory convenience services such as, but not be limited to, a restaurant and/or cafeteria and retail/business services. All of these services shall be designed within the interior of one or more buildings as an accessory use.
(2) 
Exterior access and drive-up window services are not permitted.
(3) 
In a development of this size, recreation facilities shall be required such as, but not limited to, indoor exercise facilities, outdoor jogging/walking trails, and/or improved court and field games.
(4) 
The primary purpose of these services is to provide a convenience to the day-time population generated by the principal permitted use(s).
(5) 
The floor area devoted to the restaurant, cafeteria, and retail/business service uses shall not exceed 3% of the gross floor area of the complex, or 10,000 square feet of gross floor area, whichever is less.
14. 
Sales and Display Areas within MFG, MFG2 and IOP Zones. Up to 30% of the total floor area of manufacturing, light industrial or warehousing uses may be dedicated to display areas for products manufactured, assembled or warehouses on site.
15. 
Outdoor Dining Facilities.
a. 
Definitions. As used in this subsection, these terms shall have the following meanings:
(1) 
OUTDOOR DINING AREA – Shall mean a designated area on the premises of a retail food establishment or restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
(2) 
OUTDOOR EATING AREA – Shall mean a designated area on the premises of a retail food establishment, but outside the principal building, and where patrons may sit at tables while consuming foods, soft drinks, ice cream and similar confections purchased from the retail food establishment.
(3) 
SIDEWALK CAFE AREA – Shall mean a designated area of a public sidewalk where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
b. 
Permit Required.
(1) 
Areas in which Outdoor Dining Areas, Outdoor Eating Areas and Sidewalk Cafes are permitted as accessory uses: all zones where eating and drinking establishments are permitted.
(2) 
No person shall operate an Outdoor Dining Area, Outdoor Eating Area or a Sidewalk Cafe unless a permit has been obtained from the Borough of Tinton Falls Zoning Officer.
(3) 
Applicants shall apply for permit approval in accordance with the provisions of this Chapter. All such applications shall be approved by the Zoning Officer and shall be referred to the Chief of Police and the Fire Code Official, who shall provide the Zoning Officer with written reports of their opinions and recommendations regarding the application.
(4) 
Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.
(5) 
Applicants proposing to establish an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area must provide satisfactory proof to the Zoning Officer of the following:
(a) 
The area utilized for dining must be accessory in nature to a fully enclosed permitted eating and/or drinking establishment.
(b) 
All service areas shall be inside the enclosed restaurant area, or suitably screened.
(c) 
Walkways with a minimum sixty inch width shall be provided to facilitate patron and employee circulation and compliance with all ADA requirements.
(d) 
Outdoor dining shall be restricted to the regular hours of the business' operation.
(e) 
An applicant proposing an Outdoor Dining Area, Outdoor Eating Area or Sidewalk Cafe Area shall submit to the Zoning Officer a layout of the proposed seating area, which shall include but not be limited to: a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; the location of all food preparation and service areas; location and description of all plumbing, electrical and other equipment and fixtures that will be utilized; an illustration, rendering and/or photograph of all proposed furniture, umbrellas, trash receptacles, awnings, signage and other furniture proposed.
(f) 
The Zoning Officer shall require each applicant to submit a litter control plan which shall include, but not be limited to: a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. Failure to abide by an established litter control plan shall constitute a violation of the permit approval of which it was made a condition, and shall subject the applicant to a fine in an amount not less than $100 per violation.
(g) 
BYOB privileges for wine and malt alcoholic beverages are allowed in Outdoor Dining Areas, Outdoor Eating Areas or Sidewalk Cafe's subject to N.J.S.A. 2C:33-7. The service of alcoholic beverages in Outdoor Dining Areas, Outdoor Eating Areas or Sidewalk Cafe's is permitted only if the operator's liquor license specifically allows for such service.
(h) 
Additional seating shall be counted into the establishment's parking requirement except for those eating and drinking establishments that are located within an existing shopping center. The determination of whether a site qualifies as a shopping center will be determined by the Zoning Officer.
(i) 
Applicants receiving permit approval for an Outdoor Dining Area, Outdoor Eating Area or Sidewalk Cafe shall obtain a permit each year on January 1.
(j) 
Notwithstanding anything contained in this section, any Outdoor Dining Area, Outdoor Eating Area, or Sidewalk Cafe that was approved by the Planning or Zoning Board will still require an annual permit from the Zoning Officer to determine compliance with the approved plans. In addition, permit approval in accordance with this section shall also be required in the event: (1) the premises are conveyed to a new owner; (2) the use is expanded or substantially changed; or (3) the owner of the premises makes any alteration or improvement to the property that would otherwise require either major or minor site plan approval.
(k) 
When located within a Borough right-of-way, Applicant shall indemnify and save harmless the Borough of Tinton Falls, its employees, agents or officers from all claims, losses, liens, expenses, suits and attorney fees (liabilities) arising from the placement, operation and maintenance of the applicant's Sidewalk Cafe/Outdoor Dining/Outdoor Eating Area. Applicant agrees to name the Borough of Tinton Falls as an additional insured under the applicant's general liability insurance (minimum required limit of $1,000,000), bodily injury, property damage and personal injury, and to maintain such insurance for such time as the Sidewalk Cafe/Outdoor Dining/Outdoor Eating Area(s) exists. Owner shall provide the Zoning Officer with the evidence of such insurance.
c. 
Application - Form. All permits required by this Section shall be applied for and obtained from the Office of the Zoning Officer during normal business hours.
d. 
Fees. The annual fee for each yearly permit shall be $100. The fee is non-refundable.
e. 
Appeals. The Zoning Board of Adjustment shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any requirement, decision or refusal made by the Zoning Officer in the enforcement of this paragraph. Additionally, the Planning Board or Zoning Board of Adjustment, as appropriate, shall have the power to hear and grant variance(s) from the regulations and conditions of this subsection.
16. 
Permanent Emergency Generators.
[Added 10-1-2019 by Ord. No. 2019-1452]
a. 
Only one generator with a maximum output of 48 kilowatts shall be permitted per unit.
b. 
With the exception of scheduled maintenance and testing, generators shall only be operated during emergencies. An "emergency" is defined as the loss of primary power due to a power outage beyond the control of the property owner.
c. 
Generators shall be permitted in the side and rear yard areas only. In addition, the generator shall not be located closer to a right-of-way line than the principal building on the lot.
d. 
Generators shall be set back a minimum of five feet from the side and rear property lines. For all commercial uses that abut a residential use, generators shall meet the setback requirements of the principal building. However, in no instance shall the generator be installed greater than 20 feet from the principal structure.
e. 
Generators shall be installed in accordance with the manufacturer's recommendations and all standards of the Uniform Construction Code, the National Electric Code, the National Fire Protection Association, the International Fire Code New Jersey Edition, the International Plumbing Code New Jersey Edition, and the International Residential Code New Jersey Edition.
f. 
In residential zones, the footprint of the generator, including the pad, shall not exceed 20 square feet, and the height of the unit shall not exceed four feet. In commercial zones, the footprint of the generator, including the pad, shall not exceed 80 square feet, and the height of the unit, including any fuel tanks, shall not exceed eight feet.
g. 
The area of the generator footprint shall not be counted as lot coverage or impervious coverage.
h. 
Generators shall be appropriately screened and buffered by evergreen plantings or a fence.
i. 
The noise level of generators shall not exceed 70 decibels at any property line. Any generator less than 23 feet from the property line shall have an evergreen buffer around the generator to aid in sound reduction. All generators shall have a weatherproof sound attenuating enclosure.
j. 
Routine testing and maintenance shall not occur more than once per week and shall not exceed 30 minutes. Testing is permitted Monday through Friday between the hours of 10:00 a.m. and 5:00 p.m.
k. 
A zoning permit shall be obtained from the Tinton Falls Zoning Office prior to the installation of any generator. All permit applications shall be accompanied by a property survey indicating the location of the proposed generator and setbacks to property lines and the principal building. The survey shall be no more than five years old, be drawn to scale and be prepared by a professional land surveyor licensed in the State of New Jersey.
l. 
Anyone found to be in violation of these requirements shall, upon conviction, be subject to a fine not to exceed $500, and each day that such violation shall continue shall be deemed a separate offense.
17. 
Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces.
[Added 3-1-2022 by Ord. No. 2022-1484]
a. 
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
b. 
EVSE and make-ready parking spaces installed pursuant to Subsection D(17)I below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection D17a above.
c. 
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
d. 
The Zoning Officer, Code Enforcement Officer, and/or the Construction Official shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Borough of Tinton Falls’ land use regulations.
e. 
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(1) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(2) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(3) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.
f. 
An application pursuant to Subsection D17e above shall be deemed complete if:
(1) 
The application, including the permit fee and all necessary documentation, is determined to be complete;
(2) 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(3) 
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
g. 
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
h. 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
i. 
Requirements for New Installation of EVSE and Make-Ready Parking Spaces:
(1) 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d) 
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2) 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsecion D17i(1) above shall:
(a) 
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b) 
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c) 
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d) 
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e) 
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f) 
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h) 
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
j. 
Minimum Parking Requirements:
(1) 
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 40-39.
(2) 
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3) 
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
(4) 
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.
k. 
Reasonable Standards for All New EVSE and Make-Ready Parking Spaces:
(1) 
Installation:
(a) 
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b) 
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(2) 
EVSE Parking:
(a) 
Publicly accessible EVSE shall be reserved for parking and charging of electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b) 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) 
Private Parking. The use of EVSE shall be monitored by the property owner or designee.
(3) 
Safety:
(a) 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection D17k(4) below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Tinton Falls’ ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection D17k(3)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g) 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Tinton Falls shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE’s geographic location, date of installation, equipment type and model, and owner contact information.
(4) 
Signs:
(a) 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[a] 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the owner/designee;
[b] 
Usage fees and parking fees, if applicable; and
[c] 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
(5) 
Usage Fees:
(a) 
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
[Ord. No. 11-1314 §§ 17 - 21]
A. 
Permit Procedure.
1. 
No sign shall be placed, constructed, or erected or modified unless a sign permit shall have been obtained from the Zoning Officer and, where required by the New Jersey Uniform Construction Code, a building permit shall have been obtained from the Construction Official. Signs which are not specifically allowed by this subsection shall be prohibited.
2. 
A Master Signage Plan shall accompany:
a. 
Any application for a sign permit, or
b. 
Any application for development filed with the Planning Board or the Zoning Board of Adjustment which involves installation or modification of any sign.
(1) 
The Master Signage Plan shall contain the following information for each existing and proposed sign:
(a) 
Size (i.e. length, height, area, thickness, number of faces).
(b) 
Letter style and size.
(c) 
Illumination.
(d) 
Colors (i.e. letter, background, trim), including PMS color samples.
(e) 
Construction materials, structural integrity and installation details.
(f) 
Window size (if applicable).
(g) 
Location (i.e. height above grade, distance from roofline, building width, location from sides.
(h) 
Enumeration of relevant requirements with proposed conditions.
3. 
The Master Signage Plan graphically depicting the sign shall be prepared by the applicant or a sign professional. The Master Sign Plan application shall include a sketch or photograph showing the dimensions of each facade, window and canopy of the building to which a sign is to be attached, in sufficient detail to clearly indicate the location, dimension and area of all existing and proposed permanent signs affixed to the walls, windows and canopies of the building. These dimensions shall either be shown on the sketch or photograph or on an attached table. Samples of construction materials shall be submitted.
4. 
In the case of a freestanding sign, a plot plan of the lot shall be required as part of the Master Signage Plan, showing the location of buildings, parking lots, driveways, landscaped areas and all other existing and proposed signs.
5. 
Whenever a Master Signage Plan is filed with the Planning Board or the Zoning Board of Adjustment, a plot plan as described in this section shall be required for all applications, and all plans and drawings which comprise a part of the Master Signage Plan shall be prepared by a licensed architect, engineer and/or land surveyor, as appropriate.
6. 
The applicant shall provide any additional information which may be deemed necessary to determine whether the signage plan complies with the purpose of the sign regulations.
7. 
When installation or modification of a sign has been approved by the Planning Board or Zoning Board of Adjustment as part of a development application, the Construction Official shall issue a sign permit only if the proposed sign is consistent with the reviewing board's approval.
8. 
Where the sign being requested conforms in every way with the provisions of this Chapter, site plan approval is not required. The Zoning Officer shall review the application and, if all provisions of the ordinance are met, the Zoning Officer may issue the permit. In the event the proposed sign does not conform to the provisions of this Chapter, or in the event there is a request for signage that raises questions, interpretation of the ordinance, or similar issues, the Zoning Officer shall not approve the application, but instead, shall refer the application to the appropriate Board for review and action.
9. 
Existing Sign Maintenance and Changes to Contents. Preexisting permanent signs may be maintained and the sign lettering and artwork may be changed or altered, provided that no structural changes involving enlargement or change in dimension, material, character, location, or illumination are made and a permit is issued by the Zoning Officer.
B. 
Revocation of Permit.
1. 
A permit to erect or maintain a sign may be revoked by the Zoning Officer for any one or more of the following causes:
a. 
Whenever the application used in obtaining a permit is knowingly false or misleading.
b. 
Whenever any of the provisions of Section 40-35E are violated.
c. 
Whenever a licensed structure is not being maintained in a safe, sound, and good condition.
2. 
No permit will be revoked for any of said causes until a ten-day notice has been given the permittee, which ten-day notice shall be served either personally or by first class mail. Any permittee will be given a hearing thereon by the Zoning Officer if promptly requested, in writing, addressed to the Zoning Officer within five days of notification.
3. 
As soon as a permit for a sign is revoked, the permittee shall remove the sign, advertising structure or space within 10 working days of written notification, unless an appeal is initiated within 30 calendar days.
C. 
Denial of Permit.
1. 
A permit to erect or maintain a sign may be denied for any one or more of the following:
a. 
If the sign is not permitted in the zoning district in which it is erected or planned.
b. 
If any one or more of the bulk requirements of the zoning requirements have not been met, including but not limited to, size, height, illumination, number of signs, or setback.
c. 
In the event that a permit is denied, the applicant may apply to the Board of Adjustment and seek a variance for the sign erection or alteration.
D. 
Fees. The fees to be paid to the Borough of Tinton Falls for the erection of each new sign shall be:
1. 
For new signs regardless of their size: $50 per sign.
2. 
For the alteration or relocation of any existing sign, or to change the wording, color, or illumination of an existing sign: $50 per sign.
E. 
Appeals. If any person, firm or corporation claims a special hardship by reason of any denial, revocation or other ruling which has been or may be imposed by the Zoning Officer, an appeal may be made to the Board of Adjustment, and its determination shall be final. In the event that the appeal is in conjunction with a revocation of a permit, removal shall not be required unless the Board has upheld the ruling of the Zoning Officer, in which event removal shall be within 10 working days of written notification of the ruling of the Board.
F. 
Violation and Penalties. Any person, firm or corporation violating any of the provisions of this Section shall pay a fine not exceeding $500 or be imprisoned in the County Jail for a term not exceeding 30 days, or both. Each day that a violation is permitted to exist shall constitute a separate offense.
G. 
Sign Permit Exemptions. Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this Chapter. The exemption shall apply to the requirement for sign permit only. No sign permits shall be required for the following signs:
1. 
Any public notice or warning required by a valid and applicable federal, state, county or local law, regulation or ordinance.
2. 
Any sign which is inside a building, not attached to a window or door, and is not readable from a distance of more than three feet beyond the lot line of the lot or parcel nearest to where such sign is located.
3. 
Holiday lights and decorations with no commercial message.
4. 
Traffic control signs on private property, the face of which meets the Department of Transportation standard, and which contain no commercial message of any sort.
5. 
Flags of the United States, New Jersey, the Borough of Tinton Falls, foreign nations having diplomatic relations with the United States, other flags adopted or sanctioned by an elective legislative body of competent jurisdiction and flags flown in conjunction with the flag of the United States. In residential districts the flag pole may not exceed a height of 20 feet with a maximum flag size three feet by five feet. In nonresidential districts the flag pole may not exceed a height of 45 feet with a maximum flag size four feet by six feet. The statutory requirements associated with flags and generally accepted standards of flag display etiquette shall be observed. Setbacks for flagpoles shall be as follows:
Residential
Nonresidential
Front yard setback
20 feet unless the dwelling is set back less than 20 feet, then the setback may be equal to 1/2 the distance of the actual setback of the dwelling
1/2 the distance of the front yard setback of the principal building
Side yard setback
5 feet
Side yard setback of the principal building
Rear yard setback
10 feet
Not permitted
6. 
Signs or banners advertising Borough sponsored events that are posted with the permission of the Borough Council or of any person to whom the Borough Council has delegated this authority according to guidelines set by the Borough Council.
7. 
Pump mounted fuel price informational signs subject to the following:
a. 
Only one fuel price informational sign shall be permitted per fuel pump.
b. 
Fuel price informational signs shall be limited in size to an area of 216 square inches in accordance with State and Federal regulations.
c. 
Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.
d. 
Nothing herein shall be construed to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this section.
e. 
Non pump mounted pricing signs shall not be exempt.
8. 
U.S. Postal regulation mailboxes.
H. 
Measurement of Sign Area.
1. 
Measurement of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, graphic illustration, picture, symbol or other display, together with any material or color forming an integral part of the background of the sign and used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the sign itself. No sign shall have more than two display faces. The sign area for a sign with two faces shall be computed by adding together the area of all sign faces visible from any one point. When a sign having two faces is such that both faces cannot be viewed from any point at the same time, the sign area shall be computed by the measurement of the larger of the two faces. Signs which are required by county, state or federal agencies are exempt from calculation of permanent and temporary signage up to the minimum size required by such agencies. The area of the sign in excess of the minimum shall be subject to the sign calculation. In the event that no size requirement is imposed by such agency, the sign shall not exceed one square foot.
2. 
Measurement of Height. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
I. 
General Regulations.
1. 
Signs shall be in harmony and consistent with the architecture of the building and relate to the features of the building in terms of location, scale, color, lettering, materials, texture and depth. Signs shall not be dominant but shall be proportionate and shall complement the building, existing signs and surroundings.
2. 
There shall be consistent sign design throughout a particular project. The design elements include style of lettering, construction material, size and illumination.
3. 
Freestanding signs shall be integrated with the landscaping on site.
4. 
No signs shall be erected, placed on, or attached to a structure or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. Signage for a business or other purpose located off-site is not permitted.
5. 
Signs shall be considered accessory uses in all zones and shall be subordinate to a use on the same property.
6. 
No sign except infrastructure and traffic control devices of a duly constituted government shall be erected within the public street right-of-way. No sign shall be placed upon any property without the consent of the property owner.
7. 
No sign shall be erected so that any part of the sign or its supporting members project over a permitted setback line or height limit.
8. 
Signs shall be either freestanding or attached to a building in an approved manner. Freestanding signs shall be supported by one, but not more than two, columns or uprights firmly imbedded in the ground. Exposed guy wires, braces or other connections shall not be permitted.
9. 
Wall signs shall not obscure, conflict with or cover any architectural element and must be aligned with major building elements such as windows, trim and structure lines.
10. 
No sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less. Where signs project beyond a building facade or wall over a pedestrian way, the lowest part of the sign shall be at least eight feet above the walkway.
11. 
Wall, facia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 15 inches.
12. 
No electric wiring associated with a sign shall be visible to public view.
13. 
Illuminated Signs.
a. 
Illuminated signs, except for public-purpose uses, shall not be permitted in residential districts.
b. 
Illuminated signs shall be arranged to reflect their light and glare away from adjoining streets and property.
c. 
Signs lit by external sources shall be located in such a manner as to avoid any glare on adjacent property. Sources of sign illumination shall be completely shielded from the view of vehicular traffic using the road or roads abutting the lot on which the sign is located.
d. 
External lights used for the illumination of any sign on a building whether or not such light fixtures are attached to or separate from the building, shall not extend above the highest elevation of the front wall of the building or more than 18 feet above the street level of the premises, whichever is less.
e. 
Temporary signs are not permitted to be directly illuminated either by internal or external light sources.
J. 
Prohibited Signs.
1. 
No billboards shall be erected, used or maintained within the Borough of Tinton Falls; provided, however, that this regulation shall not apply to temporary signs, otherwise permitted by this subsection, that advertise special events sponsored by nonprofit social, religious, political or cultural organizations or institutions.
2. 
No signs shall be attached to trees, fence posts, stumps, utility poles, water towers, storage tanks, chimneys, smoke stacks, radio towers, antennae, or similar structures.
3. 
No roof sign, known also as a "sky sign," shall be allowed.
4. 
No sign shall be placed on an accessory building.
5. 
No sign shall be lighted by means of a flashing light, nor shall any sign utilize red, green, blue or amber illumination in a beam, light, beacon or flashing form resembling an emergency light shall be erected in any location.
6. 
No sign shall be allowed with optical illusion of movement by means of a design which presents a pattern capable of reverse perspective, giving the illusion of motion or changing of copy. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement, or to emit a sound, are prohibited, with the exception of signs which alternately show the time of day and temperature by lighted numbers where each sequence remains fixed for at least four seconds.
7. 
No commercial sign shall be allowed in a window which serves a residential use. Signs such as, but not limited to, various professional services, piano tuning, lawn care, house painting, and home repairs when those signs are located on residential properties where the sign advertises the occupation of the resident, but the business and/or service is conducted at another location are prohibited.
8. 
No signs shall be allowed on any street furniture.
9. 
The use and display of temporary portable signs or windsocks, kites, banners or strings or streamers of flags, pennants or spinners or similar objects and devices across, upon, over or along any premises or building, whether as part of any sign or for advertising or public attraction, or otherwise, is prohibited in any zone, except for:
a. 
Temporary displays in business or commercial zones as provided in this section.
b. 
Temporary decorations customarily used for holidays, or for special events as may be approved by the Borough Council.
10. 
The parking of trucks, vans, trailers, and similar vehicles in locations other than the loading or parking spaces intended for those vehicles so that the vehicle and its permanent or temporary signage become an additional form of advertising when regularly parked to be in view of the general public who travels along one or more adjacent streets is prohibited.
11. 
No sign shall be allowed which obstructs any window or door opening used as a means of egress, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape or fire hydrant.
12. 
No sign shall be allowed which obstructs the view (sight triangle) of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.
13. 
No trademarks or brand names on any sign (including umbrella signs) shall be allowed when the commodity is not available in the establishment.
14. 
No sign element shall be interpreted as part of the architectural element of the building.
15. 
No inflatable signs and tethered balloons shall be allowed, except decorative small balloons.
16. 
No neon or gas filled decorations which outline facade elements or windows are allowed.
17. 
Search lights are prohibited.
18. 
No temporary signs shall be allowed except as detailed below.
19. 
No sandwich board signs shall be permitted. Freestanding signs not permanently anchored into the ground such as tripods, A-frames, signs on trailers, or similar portable structures used as signs are prohibited.
20. 
Any sign having a message which in and of itself is lewd or licentious, or advocates an act in violation of any municipal, County, State or Federal law, shall be prohibited.
K. 
Nonconforming Signs.
1. 
No nonconforming signs may be enlarged or altered in a way which would increase its nonconformity. Existing nonconforming permanent signs may continue to exist; however, when the sign is modified either in shape, size, illumination or structure, the sign shall be altered to conform to the provisions of this section.
2. 
Should any nonconforming sign be damaged by any means to an extent of more than 50% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this section.
L. 
Removal of Certain Signs.
1. 
In the event a business ceases operation for a period of time in excess of 60 days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising said business or any product sold thereby. Upon failure of the sign owner or lessee, or property owner to comply with this section, the Zoning Officer shall issue a written notice to the sign owner or any lessee and to the property owner, which notice shall state that such sign shall be removed within the following time period:
a. 
Sign face: 60 days.
b. 
Posts, columns and supporting structures: one year.
2. 
If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the Zoning Officer is hereby authorized to cause removal of such sign, and any expenses incidental to such removal shall be charged to owner of the property upon which the sign is located and shall constitute a lien upon the property. For the purposes of this section, the word "remove" shall mean:
a. 
The sign face, along with posts, columns or supports or freestanding signs, shall be taken down and removed from the property.
b. 
The sign face and supporting structures of projecting, roof or wall signs shall be taken down and removed from the property.
M. 
The following signs and the standards and conditions that govern such signs are set forth below. All other signs are expressly prohibited.
1. 
Signs in Residential Districts.
a. 
One nameplate sign not to exceed two square feet per side, not to be illuminated.
b. 
Signs advertising a legal nonconforming use, when located on the site where such use is conducted, may be maintained, modernized or replaced without increasing the size, provided that such signs were erected prior to the adoption of this Chapter and provided that modernization and replacement comply with the permit requirements and the engineering requirements.
c. 
One ground sign per development of a residential major subdivision and/or residential major site plan, provided that said sign does not exceed 24 square feet in size and the information contained thereon is limited to the name of the development and the name of the developer. Said sign, if permanent, shall be either located on a brick wall and landscaped, or set in a landscaped island.
d. 
One ground sign per premises for public purpose use provided said sign does not exceed 48 square feet in size.
2. 
Signs for Public Uses, Including Libraries, Schools, Parks, Firehouses and Uses in All Districts.
a. 
One wall sign not to exceed 24 square feet in size, not to be illuminated.
b. 
One freestanding or ground sign permitted for each street frontage not to exceed eight square feet in size and four feet in height. The minimum setback shall be 1/2 of the front yard setback. Illumination shall be permitted.
c. 
Directional signs not to exceed two square feet per side and two feet in height, not to be illuminated. The minimum setback shall be 1/2 of the front yard setback. Off premises directional signs related to houses of worship shall be permitted but shall not exceed two square feet per side.
3. 
Signs in Nonresidential Districts Except the HCC Highway/Community Commercial District.
a. 
Any sign authorized for permitted uses in the Residential Districts as specified above is permitted in a commercial district.
b. 
Signs for Business Office or Professional Office Uses:
(1) 
Wall signs up to 10 square feet per separate office tenant on the premises shall be permitted but total wall signs shall not exceed 25 square feet. Illumination is permitted.
(2) 
Lots having more than two tenants may have tenants' names aggregated into one directory sign located at or near the main entrance into the building and be either attached to the building or be freestanding not more than 10 feet from the entrance to the building, provided the resulting directory sign does not exceed two square feet per business or 32 square feet in aggregate, whichever is less, and provided further that said sign is not located and designed to be read by drivers traveling the adjacent street.
(3) 
Ground signs, in addition to wall signs, a ground sign which shall not exceed 30 square feet in size, shall be permitted. Ground signs shall be constructed so that no void is present between the sign and the ground. Ground signs shall not exceed six feet in height and shall be located a minimum of 20 feet away from all property lines. Illumination is permitted.
(4) 
Freestanding signs, in addition to wall signs and in lieu of a ground sign, a freestanding sign which shall not exceed 25 square feet in size, shall be permitted. Freestanding signs shall not exceed eight feet in height with a minimum ground clearance of three feet and shall be located a minimum of 10 feet away from all property lines. Illumination is permitted.
c. 
Signs for retail, commercial and service establishments shall be constructed under the following limitations:
(1) 
Wall signs, one wall sign per wall facing a public street, are permitted which shall comply with the following standard.
Setback of the Building from the Street Right-of-Way
% of Wall Area
Sign Height
Sign Area
Within 50 feet of street right-of-way
5%
4 feet
40 square feet
51 feet to 100 feet
7%
5 feet
60 square feet
101 feet to 200 feet
9%
6 feet
80 square feet
201 feet to 300 feet
11%
7 feet
100 square feet
More than 300 feet
12%
8 feet
120 square feet
(2) 
Tenant signs, in addition to wall signs, tenant signs up to six square feet per separate retail or services tenant on the premises shall be permitted. Illumination is permitted.
(3) 
Lots having more than two tenants may have tenants' names aggregated into one directory sign located at or near the main entrance into the building and be either attached to the building or be freestanding not more than 10 feet from the entrance to the building, provided the resulting directory sign does not exceed four square feet per business or 36 square feet in aggregate, whichever is less, and provided further that said sign is not located and designed to be read by drivers traveling the adjacent street.
(4) 
Ground signs, in addition to wall signs, a ground sign which shall not exceed 50 square feet in size, shall be permitted. Ground signs shall be constructed so that no void is present between the sign and the ground. Ground signs shall not exceed six feet in height and shall be located a minimum of 20 feet away from all property lines. Illumination is permitted.
(5) 
Freestanding signs, in addition to wall signs and in lieu of a ground sign, a freestanding sign which shall not exceed 25 square feet in size, shall be permitted. Freestanding signs shall not exceed eight feet in height with a minimum ground clearance of three feet and shall be located a minimum of 10 feet away from all property lines. Illumination is permitted.
4. 
Signs HCC Highway/Community Commercial District.
a. 
Freestanding Pylon Signs. One freestanding pylon sign shall be permitted per highway frontage on which an access is provided and shall conform to the following standards. Freestanding pylon signs shall not be permitted on local roads or on frontages without access. Illumination is permitted.
Location
Size
(square feet)
Height
(feet)
Setback
(feet)
State Highway
400
35
10
County Road
200
20
20
Local Road
Not Permitted
Not Permitted
Not Permitted
b. 
Wall Signs. One wall sign per wall facing a public street is permitted and shall not exceed 10% of the wall area to which the sign is to be attached. Each such sign shall be attached to the front wall only, except when the building to which it is attached is a corner building of a shopping center, than an attached sign shall be permitted on both the front and side wall (not applicable to freestanding building, freestanding buildings are limited to one wall sign per wall facing a public street). Each wall sign shall be designed so as to be consistent in design with all other wall signs if in a shopping center and no wall sign shall have letters larger than 12 feet in height and no wall sign shall have an area exceeding 600 square feet. Illumination is permitted.
c. 
Tenant signs, in addition to wall signs, each tenant sign in the shopping center shall be allowed one pedestrian oriented tenant identification sign in addition to an attached fascia sign. Such tenant sign shall be located at the front of the building and be a minimum height of eight feet above the walkway and shall be placed only on or under a canopy or sidewalk cover and shall not exceed six square feet in area. Each tenant in the shopping center shall be allowed one identification sign over its rear entrance or loading bay and shall not exceed two square feet in area. Illumination is permitted.
d. 
Ground Signs. In addition to wall signs and in lieu of a freestanding pylon sign, a ground sign which shall not exceed 60 square feet in size, shall be permitted. Ground signs shall be constructed so that no void is present between the sign and the ground. Ground signs shall not exceed six feet in height and shall be located a minimum of 20 feet away from all property lines. Illumination is permitted.
N. 
Additional Standards.
1. 
Wall signs shall be located between the top line of windows or doors on the first floor, and the bottom line of the second floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings.
2. 
Wall signs shall not project beyond the roof or sides of the building. Wall signs may not project more than six inches beyond the front surface of the building.
3. 
All signs, as part of a complex, shall be designed and constructed in such a way as to be harmonious and compatible with the complex and surrounding area. All signs will be properly located and designed as an integrated signage system.
4. 
Directional signs in parking areas or for the purpose of directing patrons to correct entrances shall be permitted, in addition to signs otherwise permitted as above, with no more than two such signs permitted, each such directional sign not to exceed two square feet.
5. 
No sign may be located closer to any side of a building than 10% of the linear front footage of the building.
6. 
Signs in Historic District. In addition to meeting the applicable requirements for signs set forth above, wall mounted signs in a historic district shall be consistent with the architectural features of the building, externally illuminated, and have approved colors for the period. Freestanding signs shall be constructed of wood, have routed letters, symbols and numbers painted in gold, and be externally illuminated.
7. 
Signs in Drive-Through Restaurants and other Drive-Through Facilities. Restaurants that meet the definition of restaurant, drive through or other retail facilities that offer drive through services, such as banks and financial institutions or pharmacies, where permitted, may display the following signs which are deemed customary and necessary to their respective businesses.
a. 
Menu Boards. Drive-in restaurants are permitted two menu board signs per drive-thru lane and one menu board sign per outdoor serving station.
(1) 
The sign face of any menu board sign shall not exceed 50 square feet.
(2) 
The maximum height from the ground to the top of any permitted menu board sign shall not exceed 12 feet.
(3) 
Menu board signs may be internally illuminated.
(4) 
No more than 10% of the sign face of any menu board sign may be devoted to LED/LCD lights or screens or scrolling or variable message lighting.
b. 
Directional Signs or Lettering on the Building Wall Over a Drive Through Lane. Drive through facilities are permitted one directional sign over each drive through lane.
(1) 
The sign face or letters thereof shall not exceed 12 inches in height.
(2) 
The sign face or letters thereof shall be limited to a single line.
(3) 
The sign face or letters thereof may be internally illuminated.
(4) 
No sign face or letters thereof may be LED/LCD lights or screens or scrolling or variable message lighting.
c. 
Informational Signs. Drive through facilities are permitted one informational sign, with information such as hours of operation, for each drive through lane.
(1) 
The sign face of any informational sign shall not exceed six square feet.
(2) 
Informational signs may not be internally illuminated.
(3) 
No informational signs may be LED/LCD lights or screens or scrolling or variable message lighting.
O. 
Temporary Signs. Temporary signs may be erected and maintained without either action of the Board or a construction permit, provided that said sign(s) adhere to the applicable regulations of this Chapter.
1. 
Temporary signs advertising the sale or rental of the premises upon which said sign has been erected or a sign indicating that said premises have been sold or rented, provided that:
a. 
Such temporary signs shall be erected only on the premises to which they relate. They shall not be permitted on any other property or within the public right-of-way.
b. 
The area of any such temporary sign shall not exceed six square feet and three feet in height.
c. 
Not more than one such temporary sign shall be placed on any property held in single and separate ownership.
d. 
Such temporary signs shall be removed promptly within 10 days after an agreement of sale or rental has been entered into. A "sold" sign may be then located on the site for a period not to exceed 15 days.
2. 
Signs advertising political parties, propositions, referendums or candidates for election may be erected and maintained, provided that the size of any such sign is not in excess of six square feet in size and three feet in height. A maximum of one political sign per property is permitted. Political signs may be posted 30 days prior to Election Day and must be removed within seven days after Election Day. All political signs must be located so as not to obstruct sight triangles. Political signs are not permitted on publicly owned property.
3. 
Grand Opening Signs. A temporary sign announcing the future opening of a shopping center shall be permitted, provided the sign not to exceed 300 square feet nor shall any portion of the sign be greater than 12 feet in height or closer than 10 feet to any property line, for a period not to exceed six months next preceding the opening of the center. Opening of the center, as used herein, shall be deemed the anticipated date of issuance of a certificate of occupancy. No such sign shall be allowed after the issuance of a certificate of occupancy.
4. 
Special Event Signs.
a. 
Not more than one special event sign announcing or advertising an educational, civic or religious special event may be erected or maintained per property.
b. 
The sign shall not exceed 24 square feet in size.
c. 
The sign may be erected for a period not to exceed 21 days, either continuously or in aggregate, in any one calendar year.
5. 
Directional Signs. Signs containing street number designations, household nameplates, postal boxes, historical markers, directional signs and advisory signs, such as but not limited to "private property," "no soliciting," "no trespassing," "warning dog," shall be permitted provided that they do not exceed two square feet in size.
6. 
Contractors Performing a Service On Site. Contractors performing a service on site shall be permitted to place a temporary sign on the property during the time their work is actively being performed at the site. Said signs would be contractors such as, but not limited to, painters, carpenters, electricians, remodeling, and roofing. The sign shall not be lighted, shall not exceed 16 square feet, and shall not be located in a sight triangle or on any part of a public right-of-way.
7. 
Window Signs in Retail Establishments. Retail establishments shall be allowed temporary window signs for products and services offered on site, provided the windows remain 50% free of obstruction. This shall include neon signs that are nonpermanent and removable, subject to the same 50% restriction.
[Ord. #04-1114]
A. 
Childcare Centers. Childcare centers are permitted uses in all nonresidential zones and shall be licensed by the New Jersey Department of Human Services. The floor area occupied in any building or structure as a child care center shall be excluded in calculating (1) any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under State or local laws or regulations adopted thereunder; and (2) the permitted density allowable for that building or structure. New buildings shall comply with Borough parking standards.
1. 
Minimum Off-Street Parking: Four spaces, plus one space for each school vehicle, but in any event not less than either two spaces per teacher and teacher's aide, or 0.2 space per student based on the State's approved capacity of the facility, whichever is less.
2. 
Minimum Drop-Off Area: An on-site area shall be provided separate from the parking spaces for temporary parking so students leaving vehicles have access to a sidewalk leading into the school without the child having to cross a street, parking lot, loading area, driveway or aisle.
3. 
Minimum Recreation Area: All outdoor recreation areas shall be fenced and no closer to any lot line than 20 feet. All recreation areas shall be screened from adjoining lots by massed evergreens spaced so as to provide a dense visual screen to buffer the center's activities from adjacent residences. The amount of outdoor recreation area shall be based on the requirements of the New Jersey Department of Human Services.
B. 
Essential Services. Public utility lines for the transportation, distribution and/or control of water, electricity, gas, oil, and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this Chapter be interpreted to prohibit the use of a property in any zone for the above uses. For purposes of this provision, wireless communications facilities shall not be deemed an essential service.
C. 
Temporary Offices. Trailers or mobile structures used as temporary offices, workshops or for the storage of equipment and materials in connection with permitted construction of new buildings or structures may be temporarily permitted on the same site during the actual period of construction. The Construction Official shall issue a temporary permit. Such structure shall not be located so as to be detrimental to any adjoining property, shall be subject to site plan approval and shall be removed from the site prior to the issuance of a Certificate of Occupancy for the permitted construction project or building.
D. 
Community Residences. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted in all residential districts and the requirements shall be the same as for single-family dwelling units located within such districts.
E. 
Sexually Oriented Businesses.
1. 
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal or County playground or place of public resort and recreation, or any hospital or any child care center, or within 1,000 feet of any area zoned for residential use. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this paragraph where another sexually oriented business, an elementary or secondary school or school bus stop, or any municipal or County playground or place of public resort and recreation, or any hospital or any child care center, is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 1,000 feet.
2. 
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. The municipality may, by ordinance, require the perimeter buffer to meet additional requirements or standards. This subsection shall not apply to a sexually oriented business already lawfully operating on March 16, 2004
3. 
No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
F. 
Self Storage Facilities.
1. 
Self storage facilities shall have perimeter walls of a finished material (painted or unpainted cinder block or concrete block is not permitted).
2. 
The perimeter walls and ends of buildings shall have mansard or peaked roof design (interior portions may be flat, or pitched, or any other design).
3. 
The perimeter walls shall be solid with no means of access (all entrances to the storage areas shall be from the interior of the site).
4. 
There shall be no driveway around the perimeter of the site running around the outside the buildings, or on the side(s) that abut a residential zoning district.
5. 
All material being stored shall be stored inside the building(s) including boats, motor vehicles, trailers, bulk items, and any and all other material.
6. 
All lighting shall be inside the perimeter of the buildings, except wall-mounted, perimeter security lighting may be permitted provided it is shielded from shining outward and is designed and mounted as "up lighting" or "down lighting".
7. 
No building shall exceed a height of 12 feet except the perimeter roof design shall not exceed 20 feet.
8. 
There shall be a minimum seventy-five-foot buffer area along any residential zoning district and 25 feet elsewhere.
G. 
Warehouses.
1. 
The maximum lot area shall be 10 acres.
2. 
The minimum percentage of gross floor area used for warehousing shall be 90% of the total building size.
[Amended 10-1-2019 by Ord. No. 2019-1452]
3. 
All major access shall be via arterial and collector streets as classified in the Master Plan to avoid truck and employee traffic from filtering through residential neighborhoods, but driveway access to each lot shall be from streets interior to the industrial development and not directly from an arterial or collector street.
[Ord. No. 11-1314 § 9]
A. 
Cluster Development and Lot Size Averaging.
1. 
The purpose of this section is to provide two methods of preserving land for private open spaces, common property, conservation areas, and flood plains and a variety of public uses such as school sites, recreation areas, parks, and other public purposes. These areas are able to be created by permitting, in cluster developments, a reduction in lot sizes without increasing the permitted number of lots or dwelling units. In lot size averaging, a reduction in the lot size of some lots is permitted provided one or more lot(s) are increased in size so the average lot size is maintained. Under lot size averaging, none of the lots created is intended for common property, but rather one or more of the larger lot(s) are then available for either various open space or public purposes, and/or a mix of lot sizes to serve the permitted uses.
2. 
In any development where lot size averaging or cluster design is proposed, the applicant shall first prepare a scaled plan including delineated wetland, wetland buffers, and flood hazard areas that shall be properly buffered in conjunction with a standard subdivision lot design without variance. The number of approvable lots in the standard subdivision design without variance shall then be counted after which the development may be redesigned using the lot size averaging or cluster design so the development contains the same number of lots created in the standard subdivision design. If there is any question as to the suitability of any lot(s), and hence the number of lots in the development, the final number of lots will be based on an approved preliminary plat using the standard design.
3. 
Developments using either cluster or lot size averaging may be approved in accordance with the following standards where cluster and lot size averaging are permitted under the zoning regulations:
a. 
All uses shall be connected to approved and functioning central water and central sanitary sewer systems.
b. 
The maximum number of lots, or dwelling units, or gross floor area shall be as set forth for the zoning district(s) in which the property is located.
c. 
Where required, the minimum percent of the total tract to be set aside for open space, common property or public areas, excluding street rights-of-way, shall be as set forth in the zoning requirements.
d. 
Where common property is being created, a homeowners' association shall be required for the ownership and maintenance of the property.
4. 
Lands offered to the Borough shall meet the following requirements:
a. 
The minimum size shall be three acres of accessible, usable uplands.
b. 
It shall be an integral part of the development and located to best suit the purpose(s) for which it is intended.
c. 
Every parcel accepted by the Borough shall be conveyed by deed at the time final plat approval is granted.
d. 
Lands offered to the Borough shall be subject to approval by the Governing Body or School Board after recommendation by the Board. Neither the Governing Body nor the School Board is obligated to accept any offer to dedicate land. The Board shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands to serve the intended purpose and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of lands. The Board may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
B. 
Design Option for Industrial or Office Parks on Tracts of 20 or More Acres.
1. 
Any proposal to develop three or more lots or principal uses on a tract of 20 contiguous acres or more may provide a comprehensive plan for the entire tract according to the definition of "industrial/office park."
2. 
In such a plan, the permitted lot and/or building coverage and/or floor area ratio may be calculated and applied to the entire park so as to allow individual lots and/or tenant's parcels to exceed the maximum coverage(s) and maximum floor area ratios [but not more than 65% lot coverage and not more than a 0.40 floor area ratio in any event], provided that other parcels are either undeveloped, or dedicated to school or other public use, or developed with less than the maximums so that the maximum coverage and/or floor area ratio for the entire tract is not exceeded.
3. 
Lots or tenant's parcels in such a development shall have a deed restriction indicating the appropriate limitation(s) on lot size, floor area ratio, and/or lot coverage (as appropriate) and the fact that each site was part of a larger, comprehensive development in which lot sizes and intensities of development were averaged throughout the development with the subject lot designed for the approved size, intensity and coverage as part of the larger plan.
4. 
For lots less than two acres:
a. 
Lot area.
Average two: acres
Minimum one: acre
b. 
Minimum lot width and depth: 150 feet.
c. 
Minimum side and rear yards: two times the building height.
d. 
Minimum front yard: 50 feet.
e. 
Minimum setback from the centerline of any existing or proposed electric company's transmission/distribution supply line or electric substations shall be 200 feet. This setback shall not apply to 13 kv local service lines or service connections into individual buildings.
5. 
No lots less than the average lot size may be subdivided until a sufficient number of lots exceeding the average lot size have been subdivided in order to maintain the minimum average lot size. In any event, no more than half the total number of resulting lots may be less than the average lot size.
C. 
Recreation Areas.
1. 
Any cluster development or other planned residential or mixed use development subject to GDP approval shall make provision for a dedication of land and improvements for recreation facilities.
2. 
Recreation Improvements. Recreation facilities shall comply with the following. The primary goal is to develop the recreation areas on-site, but alternative sites may be offered by the developer and accepted by the Borough provided the objectives of this section are met:
a. 
Developments located on sites identified for recreation facilities on various plans set forth in the adopted Master Plan shall be designed to implement the Master Plan. Where the developer does not wish to create the recreation area as common property, the developer may use a lot size averaging design and offer the properly sized property to the Borough for public purposes.
b. 
The location and type of recreation improvements shall be a determination of the Board based on recommendations by the developer and the Board's consideration of the site's location and size, duplication of nearby recreation facilities, and the physical features of the land. The location for recreation improvements shall be suitable for the intended purpose(s) considering road access, slope, drainage, proximity to residences, lighting (if any), the size of the total tract, and the size of the recreation site.
c. 
Active recreation uses shall be planned to avoid the following: land with final grades greater than 10% or such lesser slopes that would preclude the installation of the intended facility; storm water detention basins; areas closer than 200 feet to the centerline of electric poles carrying more than 13 Kv; and designated wetland or wetland buffer areas except as set forth in subsection 1c above.
d. 
The developer shall be responsible for the following: providing the recreation site; grading the recreation site so it has positive drainage, but achieving an appropriate level condition for the activity(ies); landscaping the area and providing the required buffer area adjacent to residential development; and installing the appropriate facilities as shown on an approved site plan. Improvements shall be designed to meet regulation size(s) for the designated fields, courts, and other activities, and shall be improved with the appropriate grading, seed or sod, blacktop, fencing, lighting (if any), and related facilities such as, but not limited to, standards and baskets for basketball, nets and fencing for tennis, infield dirt and outfield grass for baseball and softball, turf and goal posts for soccer and football, paved walkways, parking areas, bicycle racks, player benches, and water supply for drinking, sanitary and irrigation purposes.
e. 
The minimum area required for recreation purposes shall be as follows, except that CCRC and AR Zone developments have separate standards:
(1) 
In residential developments the following minimum percentages of the gross tract area shall be dedicated to recreation use, except that no area shall be less than the area set forth in paragraph (2) below:
Dwelling Type
Number of Dwelling Units
R-1 and RA Districts:
Single-Family
20-30
31-100
101+
Apt., Townhouse and Other Multi-Family
40-60
61-200
201+
Recreational Requirement
1.5 ac
3.5%
3.25%
R-2 Districts:
Single-Family
20-30
31-100
101+
Apt., Townhouse and Other Multi-Family
40-60
61-200
201+
Recreational Requirement
1.5 ac
4.50%
4.25%
R-3 and R-4 Districts:
Single-Family
20-30
31-100
101+
Apt., Townhouse and Other Multi-Family
40-60
61-200
201+
Recreational Requirement
1.5 ac
5.50%
5.25%
(2) 
The minimum tract size for recreation shall be the larger of either 2.0 acres, with no dimension less than 200 feet, or two times the minimum area required for the standard footprint of the specific recreation facility(ies) in order to provide spectator areas, parking areas, and space for foul balls, landscaping, and minimizing nuisances and hazards on adjoining lots and streets. If a site is to be offered to the Borough for a public facility at no cost to the Borough, the minimum size shall be three acres with no dimension less than 300 feet.
f. 
Each recreation area shall have its major frontage on a street and shall have no more than 1/2 its perimeter abutting a lot line of a residential use. Where a recreation area abuts residences there shall be a planted buffer area at least 25 feet wide, planted consistent with the Borough's buffer standards. Said buffer area shall not be counted as meeting the minimum acreage required for the recreation area.
g. 
For purposes of this Chapter, a tot lot shall not be permitted as a stand-alone facility, but a tot lot may be one of several improvements within, and as part of, a larger facility.
h. 
The recreational facilities to be provided shall be field and/or court games of such number as appropriate for the size of the development, the size and dimensions of site on which the facilities are to be located, and the proximity of other recreation facilities. In the CCRC or AR Zones, the recreation requirement may be met by providing an on-site club house, community building, or similar facility containing rooms for social functions, meetings and the like whether these are included in a freestanding building or as an integral part of the floor plan of an apartment complex.
i. 
Where swimming pools are constructed, they shall remain a homeowners' association facility and shall not be offered for dedication to the Borough.
j. 
The method of preserving the recreation areas for their intended purposes shall be a determination of the Board and may be by easement, deed restriction, dedication to the Borough or other governmental agency, a homeowners' association, or other means of perpetual dedication acceptable to the Board.
D. 
Variety in Housing Design. There is required variety in the exterior design and appearance of single-family homes. The uniformity in the exterior design and appearance of buildings in the same residential neighborhood affects the desirability of the area for residential purposes. It is the intention of this section to require different styles of housing and/or sufficient modification in the exterior design and/or siting of the same style of single-family home so that monotonous repetition will not occur. Accordingly, no construction permit shall be issued for the erection of any single-family residence unless it significantly differs from any adjoining residence or the residence across the street in at least seven of the following respects:
1. 
Variation in the architectural style, e.g., Victorian, Colonial, Craftsman, Queen Anne, etc.
2. 
Variation in building design, such as: two-story, one-story, side-to-side split-level, front-to-rear split-level, etc.
3. 
Variation in roof designs, e.g., flat, hip, gable, mansard, etc.,
4. 
Variation in roof pitch.
5. 
Provision of dormer windows.
6. 
Variation in the height of eave line and the length of eave projection.
7. 
Variation in the color and material of the (street) facade.
8. 
Variation in massing of the (street) facade:
a. 
"Projections" such as stairwells, bay windows, balconies, porches, etc.
b. 
"Voids" such as porches, balconies, etc.
c. 
Stepped facades.
9. 
Variation in the location of garages, the location of garage doors, and the color and design of garage doors.
10. 
Variation of the color, design, and materials of the trim and other architectural ornamentation.
11. 
Variation in the placement, design, and color of windows and doors.
12. 
Variation in the surface area of all openings (windows and doors), as a percentage of the surface area of the (street) facade.
13. 
Variation in the height materials used in the treatment of building foundation at the (street) facade.
14. 
Garages shall be alternated between locations at the front, rear or either side of the building and/or alternate the garage door to face either the side lot line or the rear lot line.
15. 
Different housing styles, e.g., two-story, one-story, side-to-side split level, front-to-rear split level, etc.
E. 
Continuing Care Retirement Community (CCRC) Zone Requirements. Continuing Care Retirement Community (CCRC) Zone development shall meet the following requirements.
1. 
The Board may require the applicant to provide a list of all certificates, licenses and other types of approvals required to be issued by agencies of the State of New Jersey for the purpose of operating and developing a CCRC, together with periodic updated information on the status of each, and the final certificate of occupancy shall be withheld until the required State approvals are issued.
2. 
A CCRC facility shall be the place or places in which a person undertakes to provide "continuing care" to an individual. For purposes of this Chapter, "continuing care" means the provision of lodging and nursing, medical or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges. An individual who is provided continuing care is one who is not related by consanguinity or affinity to the person who provides the care.
3. 
The minimum age shall be 55 for every occupant.
4. 
The minimum tract size for an overall development shall be 100 acres, and for a development that is developed in two or more phases, each phase of the development shall contain at least 25 acres.
5. 
The overall development of a CCRC shall include apartment-style, independent living units, and may include buildings connected by covered/enclosed walkways within the areas separating the buildings. The number of independent living units shall number at least 1,000, with a maximum of 2,000 independent living units. A CCRC that is developed in two or more phases shall have at least 375 independent living units in each phase.
6. 
The CCRC shall include assisted living units containing private bath facilities and providing for congregate care dining facilities. These units may be in addition to the independent living units in paragraph E5 above. A minimum of 75 assisted living units shall be included in the first phase of the development.
7. 
The CCRC shall also include a health care center which shall provide twenty-four-hour skilled nursing services and may also include an outpatient clinic, therapy areas, and other medical facilities for the use of residents and employees of the CCRC. These facilities shall be in addition to the independent living units in paragraph E5 above. A minimum of 75 skilled care beds shall be included in, and be completed as part of, and no later than, the end of the second phase of the development. The balance of the skilled care beds shall be completed prior to, or as part of, the completion of the last phase of the development.
8. 
All facilities on site shall be for the primary use by residents, their guests, and/or employees.
9. 
The overall development shall provide at least 40,000 square feet of improved, outdoor recreation area in either a single location, or divided into no more than three separate, but smaller areas. At least 1/3 of this space shall be constructed as part of the first phase of the development and the entire requirement shall be completed prior to 80% of the development being completed.
10. 
The CCRC shall dedicate at least 100 square feet of interior space per independent living unit for accessory uses, such as, but not limited to, meeting rooms; social rooms; doctors' offices; indoor and outdoor recreation areas; restaurants, congregate dining facilities, and snack bars; retail and personal services for the convenience of residents, employees and guests; lecture halls; library; places of worship; hobby and various craft, health, exercise or vocational activities; classrooms; post office; banks; news and entertainment centers; and swimming pools as well as facilities related to the operation of the facility such as, but not limited to, administrative offices; food and record storage areas; property maintenance facilities; radio and satellite dish antennas; non-age restricted day care center for relatives of employees; and security operations. Said dedicated space shall not include the corridors in residential areas nor shall it include any garaged parking spaces.
11. 
Notwithstanding anything contained in this Chapter to the contrary.
a. 
Building alterations, which involve the combination and modification of residential units and do not involve a change in the size of the gross floor area, or the building foundation, or do not require additional parking or additional building area, shall not require site plan approval.
b. 
Six-foot high ornamental metal fencing and gates shall be permitted along the front yard.
c. 
Eight-foot high chain link fencing shall be permitted along the side and rear lot lines, and, where screened by landscaping or wooded areas, along the front lot line.
d. 
Parking spaces may not be located more than 400 feet from the entrance of the building which they serve and need not be located on the same lot as the building which they serve.
e. 
Parking stalls 17 1/2 feet in length shall be permitted in parking structures.
f. 
Buildings, structures and parking spaces may be located within buffer and critical environmental areas, provided that they comply with applicable NJDEP regulations pertaining to such areas, and
g. 
The CCRC shall not be subject to the stormwater management requirements of this Chapter, provided that it complies with all applicable NJDEP requirements pertaining to stormwater management.
12. 
The District Bulk Regulations set forth at the end of this Chapter shall govern the density, bulk and yard requirements for the CCRC. In addition, the following shall apply:
Minimum Setback from:
Feet
Public Right-of-Way
125
Exterior Perimeter Lot Line
50
Internal Phase Lot Line
0
Wetland
0
Wetland Buffer
0
Slopes > 15%
0
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 40-36F, AARZ Active Adult Redevelopment Zone Requirements, previously codified herein was repealed in its entirety by Ordinance No. 11-1323.
G. 
Age Restricted (AR) Zone Requirements. Age Restricted (AR) Zone development shall meet the following requirements.
1. 
Such a community shall be permitted provided that the site is connected to adequate public water and sewer.
2. 
The minimum age of residents shall be 55 years of age consistent with the Fair Housing Act and provided that no children under 19 years of age are permitted to reside in the community in permanent residence. Appropriate restrictive covenants shall be placed on all deeds to any and all portions of the property to ensure compliance with these age restrictions.
3. 
The following standards shall apply for an Age Restricted Community:
a. 
Minimum tract size — 50 acres.
b. 
Minimum lot width — 1,000 feet.
c. 
Minimum tract perimeter buffer — 50 feet.
d. 
Maximum density - 2.5 units per acre.
e. 
The entire tract shall be under the ownership of one entity for purposes of obtaining all required development approvals and committing the tract to the requirements of the active adult community option. Upon approval of the tract for development no further development will be permitted and appropriate restrictions will be incorporated in the approval.
f. 
Permitted Uses:
(1) 
Detached single-family dwellings pursuant to R-3 Zone standards provided the required setbacks are measured from the perimeter buffer.
(2) 
Townhouses, duplex and other plex units pursuant to the conditional use standards for townhouses, duplex and other plex units.
g. 
Accessory structures and buildings are not permitted on single-family lots except for patios and first floor decks which conform to this Chapter. The homeowners' association shall record a master deed and bylaws with a permanent prohibition on accessory structures and buildings except for patios and first floor decks.
h. 
Outdoor parking and storage of recreational vehicles (as defined in this Chapter) or boats shall not be permitted anywhere within an age restricted community.
i. 
There shall be within each dwelling unit adequate area for the temporary storage of solid waste and recyclable materials.
j. 
Each dwelling unit shall have a two car garage. Such garage shall not be permitted to be converted to living space.
k. 
Minimum Open Space — 30%. At least 1/3 of this open space area shall be located outside of wetlands, wetlands buffers, stream corridors and steep slopes.
l. 
A comprehensive open space and recreation plan shall be prepared and approved by the Planning Board which shall include all proposed passive and active recreational space and facilities. The open space and recreation areas shall have a minimum contiguous area of not less than 1.5 acres. All open space and recreational areas shall be dedicated to a homeowners' association. No more than 35% of the housing units within the active adult community shall receive construction permits prior to the active recreation facilities being fully constructed and operational. The facilities shall include:
(1) 
A community clubhouse with a minimum area equal to 12 square feet for each housing unit within the age restricted community. Facilities within the clubhouse shall include an all purpose room, a commercial style kitchen, restrooms and other such accommodations proposed by the applicant and deemed appropriate by the Board.
(2) 
A swimming pool of at least 12 square feet for each housing unit.
(3) 
Outdoor recreational facilities such as putting green, bocce courts, tennis courts, etc. geared toward active adults shall also be provided. Any recreational facility shall be utilized only by residents of the age restricted community or their guests, and shall not be available to the general public.
(4) 
Parking for the above facilities in the amount of one parking space for each 200 square feet of building area.
(5) 
The above facilities shall be located no closer than 50 feet to a residential structure.
m. 
A homeowner's association established shall be responsible for owning, maintaining, and repairing all common areas in the community. All residents in the community shall be required to be members of the association. This requirement shall be set forth in the contract of sale and deed for each unit as well as in any public offering statement required by State law.
n. 
Landscaping. All lawn areas and planting beds shall be served by sprinklers. In order to insure the consistent and continued operation of the sprinkler system, the maintenance and cost of the operation (including water) of sprinkler systems shall be borne by the homeowners association. All other landscaping shall conform to the requirements of this Chapter.
o. 
Low and moderate income housing. A 25% set-aside of low and moderate income housing units shall be required.
H. 
Inclusionary Zones (R-3 or R-4) Requirements. Inclusionary (R-3 or R-4 Inclusionary) Zones development shall meet the following requirements.
1. 
Excluding any parking requirements specifically required for the community clubhouse, parking shall be governed by the New Jersey Residential Site Improvement Standards (RSIS).
2. 
Each dwelling unit shall have an adequate area for the indoor storage of solid waste and recyclable materials.
3. 
All open space and recreational areas shall be owned and managed by a management entity acceptable to the Planning Board. No more than 50% of the housing units within the community shall receive certificates of occupancy prior to the active recreational facilities being fully constructed and operational. The facilities shall include:
a. 
A community clubhouse with a minimum area equal to 12 square feet for each housing unit within the community. Facilities within the clubhouse shall include an all purpose room, restrooms and other such accommodations proposed by the applicant and deemed appropriate by the Planning Board.
b. 
A swimming pool of at least six square feet for each housing unit.
c. 
Additional outdoor recreational facilities may include a putting green, bocce courts and tennis courts, etc. Any recreational facility shall be utilized only by residents of the community or their guests, and shall not be available to the general public.
d. 
Parking for the community clubhouse in the amount of one parking space for each 300 square feet of building area.
e. 
The above facilities shall be located no closer than 50 feet to a residential structure.
f. 
The management entity shall be responsible for owning, maintaining, and repairing all improvements in the community.
g. 
Other applicable design and performance standards. Other applicable design and performance standards, in addition to those noted above, and contained in the Borough's Land Use Ordinance shall apply unless specifically modified by this subsection.
I. 
Assisted Living Residence Requirements. Assisted Living Residences shall meet the following requirements:
1. 
The minimum age shall be 62 for every occupant.
2. 
The building shall provide apartment-style housing and congregate dining and assure that supportive personal and health services are available to residents 24 hours per day. Apartments shall offer, at a minimum, one furnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
3. 
The applicant shall include with the proposal a listing of all certificates and/or licenses required to be issued by the State of New Jersey, such as, but not limited to, the Department of Community Affairs and the Department of Health, together with the status of each. In the event any State certificates, licenses, or other State approvals have not been received, Borough approval shall be conditioned on the receipt of such State approvals.
4. 
The maximum density shall be 30 units per acre with the size of the development being at least 60 dwelling units, but not more than 150 dwelling units.
J. 
RET Zone — Large Scale Planned Retail Overlay Zone.
1. 
Per the Borough of Tinton Falls 2007 Master Plan, "The Rehabilitation/Planned Development overlay is intended to be an option within the area identified on the Land Use Plan map. The primary purpose of this land use category is to encourage the comprehensive replanning and development of the area north and south of Route 18. Currently, the area is a haphazard mix of heavy industrial uses, commercial and residential uses, which is intersected by Route 18, a rail line and Shafto Road. In order to use this option, a minimum of 100 acres would be required. A key component of this option is the relocation of the two heavy industrial uses (i.e. Marpal and the concrete plant) from their existing locations on the north side of Route 18 to an MFG zone (implemented as MFG2 in this Chapter) on the south side of Route 18. Principal permitted uses in this MFG area (implemented as MFG2 in this Chapter) would include asphalt and concrete plants and recycling facilities. The area identified as retail on the concept plan is proposed for large scale planned retail."
2. 
Therefore, the RET — Large Scale Planned Retail Overlay Zone shall be in effect when both:
a. 
The relocation or ceasing of operation and availability for development of the Marpal Waste Transfer Station (Block 113, Lots 1.01 & 2).
b. 
The relocation or ceasing of operation and availability for development of the Clayton Concrete Manufacturing Plant (Block 109, Lots 9.01, 12.01, 13.01, 15, 18, 19, 20, 21, 22, 23, 24, & 29.02).
3. 
Until such time as both conditions under paragraphs 2a and 2b above are complete, the zoning for the area described Block 113, Lots 1.01 & 2 and Block 109, Lots 9.01, 12.01, 13.01, 15, 18, 19, 20, 21, 22, 23, 24, & 29.02 shall remain IOP.
4. 
Permitted Use in the RET - Large Scale Planned Retail Overlay Zone shall be regional shopping centers, subject to the bulk and design standards of this Chapter.
[Ord. No. 11-1314; Ord. No. 11-1314 § 23; Ord. No. 11-1317 § 4]
A. 
General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this Chapter, does not substantially impair the use and enjoyment of surrounding properties, does not substantially impair the character of the surrounding area and does not have any adverse effect on surrounding properties.
B. 
Requirements for Specific Uses.
1. 
Agricultural Uses and Farms. The intent of this section is to allow for the continued use of agricultural and farm properties at a scale that is consistent with the minimum standards required for inclusion in New Jersey Department of Agriculture SADC preservation requirements. Agricultural and farm uses, buildings and structures, as defined in this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
[Amended 10-19-2021 by Ord. No. 2021-1479; 9-19-2023 by Ord. No. 2023-1507]
a. 
The property must contain five or more acres of land and produce agricultural or horticultural products worth $2,500 or more annually; or
b. 
The property contains less than five acres of land and produces agricultural or horticultural products worth $50,000 or more annually; or
c. 
The following shall be exempt from the requirements of this § 40-37: the keeping of backyard chickens in compliance with § 8-7 of this Code.
d. 
The following nonexclusive list of farming activities shall be considered permitted farm uses when in accordance with this chapter:
(1) 
Production of agricultural and horticultural crops, trees, and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.
(2) 
The housing and grazing of animals and use of range for fowl. The raising of cattle and horses shall be permitted on any farm, provided that there shall be an open area of at least 10,000 square feet for each head of livestock. The raising of chickens shall be permitted on any farm, provided that the area utilized for such chickens is no closer than 100 feet to any property line. Roosters are not permitted on any property in the Borough.
(3) 
The operation of public and private stables, riding academies, horse breeding, training, and boarding facilities.
(4) 
Erection of essential agricultural buildings, including those dedicated to the processing and packaging of the output of commercial farms and ancillary to agricultural and horticultural production.
(5) 
Construction of fences.
(6) 
Control of pests, including, but not limited to, insects and weeds, predators and diseases of plants and animals.
(7) 
Conduction of agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.
(8) 
Use of any and all equipment, including, but not limited to, irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides, traps, and animal and bird control devices.
(9) 
Storing, processing and packaging of the agricultural output of the farm.
(10) 
The wholesale and retail marketing, including pick your own marketing, and sales of agricultural output of farms or commercial farms, including related products that contribute to farm income, including the construction buildings and parking areas in accordance with the applicable standards set forth in the Right to Farm Act[1] for On-Farm Direct Marketing Facilities and this Chapter 40.
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
(11) 
Replenishment of soil nutrients and improvement of soil tilth.
(12) 
On-site disposal of organic agricultural waste.
(13) 
The application of manure and chemical fertilizers, insecticides, pesticides, and herbicides in accordance with labeled instructions as approved by the New Jersey Agricultural Experiment Station and the United States Environmental Protection Agency.
(14) 
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.
(15) 
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust, fumes, and lighting associated with these practices.
(16) 
Any other agricultural activity determined by the State Agriculture Development Committee to be a generally accepted agricultural management practice within the meaning of N.J.S.A. 4:1C-1 et seq.
e. 
The farm operation (practices, activities, and structures) must conform to generally accepted agricultural management practices, comply with all relevant federal and state statutes and regulations, and not pose a direct threat to public health and safety.
f. 
Slaughterhouses are not permitted.
g. 
Commercial poultry farms shall not be permitted unless the poultry house walls and brooder house walls are at least 500 feet from any lot line. A "commercial poultry farm" shall be deemed to be any farm on which there are more than 50 fowl.
h. 
Any property used as a farm that abuts a residential zone or use must contain a buffer along all side and rear property lines. The buffer shall be a minimum width of 15 feet, or 10% of the lot width, whichever is greater and shall be planted with dense evergreen trees a minimum of six feet high at the time of planting.
i. 
Section 40-33B (Accessory Structures and Uses) shall not apply to agricultural and farm uses operated in accordance with this chapter. Accessory structures shall be constructed in accordance with the following standards:
(1) 
The maximum permitted building and lot coverage for the zone shall govern the maximum permitted size of the principal structure and any associated accessory structures.
(2) 
With the exception of farm stands in accordance with Section 40-37B1i, no accessory building or structure shall be located closer to a right-of-way line than the principal building. On corner lots, accessory buildings or structures shall not be located closer to a street than the minimum required front yard setback requirement for the zone and shall be screened by evergreen landscaping.
(3) 
Accessory buildings used solely for the storage of goods or equipment that are no larger than 400 square feet and no greater than 10 feet high shall be set back no less than five feet from any side or rear lot line. Accessory buildings used solely for the storage of goods or equipment that are greater than 400 square feet or 10 feet high shall be set back no less than 25 feet from any side or rear lot line.
(4) 
Accessory buildings or barns used for the housing of animals shall be located at least 100 feet from any lot line and at least 100 feet from any dwelling.
(5) 
The height of any accessory structure shall not exceed 25 feet or the height of the principal building, whichever is less, with the exception of silos, which have no height limitation.
(6) 
No accessory building or structure shall be used for human habitation.
j. 
Temporary farm stands may be constructed in accordance with the following standards:
(1) 
Farm stands must be located on a qualified owner's or operator's commercial farm which is under active, continuous farming operation and upon which 51% or more of the marketed products are raised, and the farm must meet the requirements of the Farmland Assessment Act.[2]
[2]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
(2) 
Farm stands shall not exceed a maximum area of 500 square feet and shall be set back a minimum of 15 feet from any street right-of-way line and 30 feet from any side lot line.
(3) 
A maximum height of 15 feet is permitted for any structure, tent or canopy.
(4) 
Farm stands shall be accompanied by a paved, gravel and/or grassed area for customer parking that can accommodate not less than three vehicles, which parking area shall be located in such a location as to facilitate the safe flow of traffic. There shall be adequate and safe access, ingress and egress from any adjacent public road or street, including provisions for an adequate turnaround area to prevent vehicles from backing out onto any public street.
(5) 
Farm stands shall be operated during daytime hours only, from 8:00 a.m. to dusk.
(6) 
Operators must apply for and obtain a Zoning Permit for any proposed farm stand.
k. 
Seasonal farm advertising signs may be constructed in accordance with the following standards:
(1) 
No more than one such sign shall be located on any one property or properties used as a single farm.
(2) 
No such sign shall exceed 20 square feet in area, six feet in height or be located within 10 feet of a street right-of-way line.
(3) 
No such sign shall be internally or externally illuminated.
(4) 
All seasonal farm advertising signs shall be temporary in nature, and nonpermanent structures.
(5) 
All seasonal farm advertising signs shall be properly maintained and shall not be allowed to fall into disrepair.
(6) 
No such sign shall be an obstruction to any neighbor exiting their driveway.
l. 
Apiaries and beekeeping activities are excluded from this section, as they are preempted by state law per N.J.S.A. 40:48-1.5. All such activities shall be in accordance with N.J.A.C. 2:24.
2. 
Churches and Places of Religious Worship. Church uses, buildings and structures, as defined in this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
d. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Minimum Building Separation
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Churches and places of religious worship
3 acres
100 feet
120 feet
100 feet
50 feet
100 feet
100 feet
60%
2.5
35* feet
50 feet
* With the exception of spires, cupolas or other architectural appurtenances
3. 
Schools. School uses, either for public, private or parochial instruction, as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
d. 
Proof of compliance with standards of and accreditation by the New Jersey State Department of Education.
e. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Minimum Building Separation
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
School uses
3 acres, plus 1 acre per 100 students
200 feet
250 feet
50 feet
50 feet
100 feet
100 feet
60%
2.5
35* feet
40
* With the exception of spires, cupolas or other architectural appurtenances
4. 
Townhouses, Duplexes or Other Plex Units. Townhouses, duplexes or other plex units, as defined in this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
d. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum Density-Dwelling Units per Acre
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Town- houses, duplexes or other plex units
6,000 square feet per unit
50 feet per unit
60 feet per unit
45 feet
0 feet interior 20 feet exterior
40 feet
35 feet
50%
2.5
30 feet
6.5 units per acre
5. 
Garden Apartments. Garden apartments, as defined in this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
Minimum 20% open space with community amenities.
d. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
e. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum Density-Dwelling Units per Acre
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Garden apart- ments
2 acres and 4,000 square feet per unit
250 feet
280 feet
60 feet
75 feet
150 feet
75 feet
25%
2.5
35 feet
10 units per acre
6. 
Automobile Fueling Stations. Automobile fueling station, as defined in this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following: (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
A minimum of two entrance and exit driveways are required. Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone of at least 25 feet between driveways, and driveways shall be at least 10 feet from adjoining property lines. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 25 feet from the radius tangent points.
d. 
Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 50 feet from a street right- of-way line, at least 75 feet from a residential zone boundary and at least 10 feet from any property line.
e. 
A cantilevered cover or canopy may be permitted to extend into the front yard, provided that it is at least 30 feet from any front property line.
f. 
No part of any automobile fueling station operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot high board on board or similar fence shall be installed along any residential zone boundary or use.
g. 
No part of any automobile fueling station operation shall be conducted within 1,000 feet of any other/existing automobile fueling station.
h. 
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
i. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
j. 
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation.
k. 
All storage tanks shall be installed below ground level per Department of Environmental Protection regulations.
l. 
No unlicensed motor vehicle or part thereof shall be permitted on the premises.
m. 
Retail sales of food, beverages, snacks and other convenience items are permitted as a clearly ancillary use to the sale of gasoline. No more than 4,000 square feet may be dedicated to retail sales. Total retail sales area shall generate onsite parking requirements and comply with all parking standards.
n. 
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automotive fueling stations, shall be prohibited.
o. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Auto- mobile fueling stations
1 acres
150 feet
160 feet
60 feet
25 feet
50 feet
75 feet
60%
1.5
25 feet
0.15
7. 
Automobile Repair Shops. Automobile repair shops, as defined in this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following: (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
No part of any automobile repair shop operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot high board on board or similar fence shall be installed along any residential zone boundary or use.
d. 
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
e. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
f. 
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation.
g. 
All storage tanks shall be installed below ground level per New Jersey Department of Environmental Protection regulations.
h. 
Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
i. 
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
j. 
No unlicensed motor vehicle or part thereof shall be permitted on the premises of an automobile repair shop. Moreover, no more than six motor vehicles may be located upon any automobile repair shop premises outside of a closed or roofed building for a period not to exceed seven days.
k. 
The use and parking of tow trucks shall be limited to three per automobile repair shop.
l. 
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automobile repair shop shall be prohibited.
m. 
The storage of cars, trucks, trailers, boats or any other vehicles not being serviced or repaired on the premises of an automobile repair shop shall be prohibited.
n. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Auto- mobile Repair Shops
20,000 square feet
100 feet
120 feet
60 feet
20 feet
40 feet
75 feet
60%
1.5
25 feet
0.20
8. 
Automobile Car Wash. Automobile car wash, as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following: (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Such use shall provide an adequate off-street automobile stacking area which shall not be less than 20 spaces per wash bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public rights-of-way. In addition, there shall be an unobstructed by-pass lane and one parking space per employee on the maximum shift shall be required.
c. 
Areas reserved for the self vacuuming of floor mats and other services shall be separated from and not interfere with traffic circulation in the lanes accessing the automobile car wash.
d. 
A wash water recycling system is required.
e. 
No unlicensed motor vehicle or part thereof shall be permitted on the premises of an automobile car wash. Moreover, no more than six motor vehicles may be located upon any automobile car wash premises outside of a closed or roofed building for a period not to exceed seven days.
f. 
No part of any automobile car wash operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot high board on board or similar fence shall be installed along any residential zone boundary or use.
g. 
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
h. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
i. 
Approval of the Municipal Engineer regarding utilities and drainage and the Department of Health and Welfare regarding the performance standards shall be required.
j. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Auto- mobile Car Wash
1 acre
200 feet
220 feet
60 feet
30 feet
60 feet
40 feet
60%
1.5
25 feet
0.20
9. 
Automobile Oil Change and Lubrication Shops. Automobile oil change and lubrication shops, as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following: (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Such use shall provide an adequate off-street automobile stacking area which shall not be less than six spaces per service bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public rights-of-way. In addition, one parking space per employee on the maximum shift shall be required.
c. 
No part of any automobile oil change and lubrication shop operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot high board on board or similar fence shall be installed along any residential zone boundary or use.
d. 
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
e. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
f. 
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation.
g. 
All storage tanks shall be installed below ground level per New Jersey Department of Environmental Protection regulations.
h. 
Repair work, other than incidental minor, repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
i. 
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
j. 
No unlicensed motor vehicle or part thereof shall be permitted on the premises of an automobile oil change and lubrication shop. Moreover, no more than six motor vehicles may be located upon any automobile oil change and lubrication shop premises outside of a closed or roofed building for a period not to exceed seven days.
k. 
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automobile oil change and lubrication shop shall be prohibited.
l. 
The storage of cars, trucks, trailers, boats or any other vehicles not being serviced or repaired on the premises of an automobile oil change and lubrication shop shall be prohibited.
m. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Auto- mobile Oil Change and Lubric- ation Shop
1 acre
200 feet
220 feet
60 feet
30 feet
60 feet
40 feet
60%
1.5
25 feet
0.20
10. 
Second Floor Residential Units on Floors Above Office or Retail Uses. Second floor residential units, as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
Second floor residential units are only to be on a second floor, no second floor residential units shall be built on a first floor or in a one-story building.
d. 
A minimum of 800 square feet of living area for each second floor residential unit is required, a maximum of two bedrooms are permitted in each unit.
e. 
No more than four second floor residential units per principle lot. Any one second floor residential unit shall require one affordable second floor residential units for the purpose of providing additional opportunities for low- and moderate-income housing in the Borough of Tinton Falls and per the Borough of Tinton Falls Housing Element and Fair Share Plan.
f. 
A minimum of 600 square feet of lawn area per second floor residential unit devoted to residential use.
g. 
Development applications for second floor residential units shall include:
(1) 
Floor plans for each accessory apartment including square footage.
(2) 
The number of bedrooms for each unit.
(3) 
The location and use of the principal building and all accessory buildings on the applicant's property.
(4) 
Location and layout of off-street parking for residential and nonresidential uses.
11. 
Car and Truck Dealer. Car and truck dealers, as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
Parking must be provided on site as required by this Chapter.
b. 
Parking of for-sale vehicles shall be permitted between the front building line and the street right-of-way.
c. 
A minimum of two entrance and exit driveways are required. Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone of at least 25 feet between driveways, and driveways shall be at least 10 feet from adjoining property lines. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 25 feet from the radius tangent points.
d. 
A showroom and office area of no less than 5,000 square feet shall be provided.
e. 
A service area of no less than six repair bays shall be provided.
f. 
No part of any car and truck dealer operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot high board on board or similar fence shall be installed along any residential zone boundary or use.
g. 
All paved areas within the property shall be at least 10 feet from a property line, 25 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
h. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require. A row of low shrubbery planted along the edge of the display or parking area along the street together with grass or vegetative ground cover is required.
i. 
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation.
j. 
All storage tanks shall be installed below ground level per New Jersey Department of Environmental Protection regulations.
k. 
Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
l. 
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
m. 
The rental of cars, trucks, trailers, boats or any other vehicles on the premises of a car and truck dealer shall be prohibited.
n. 
The storage of cars, trucks, trailers, boats or any other vehicles not being serviced or sold on the premises of a car and truck dealer shall be prohibited.
o. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Car and Truck Dealers
3 acres
250 feet
275 feet
80 feet
60 feet
120 feet
60 feet
60%
2.5
35 feet
0.20
12. 
Hotels. Hotels, as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking requirements are as follows:
(1) 
One parking space per guest room.
(2) 
One parking space for each employee. The shift having the most employees shall be used to calculate employees' parking needs.
(3) 
One parking space for every three seats in the restaurant and lounge and conference/banquet space.
(4) 
Reduction of the required number of parking spaces may be permitted by the Board, upon demonstration that shared parking is feasible, likely, and adequate.
c. 
A minimum of 100 guest rooms shall be provided. Guest rooms must average no less than 300 square feet in area.
d. 
A full service restaurant and lounge shall be provided.
e. 
Conference/banquet space shall be provided to safely accommodate up to 300 guests.
f. 
An indoor swimming/lap pool for exclusive use of hotel guests shall be provided.
g. 
Lockers, showers and toilet areas related to the pool shall be provided.
h. 
Health club space for exclusive use of hotel guests shall be provided in addition to those facilities related to the pool.
i. 
Snack bars, gift shops, newsstands, travel agents, ticket sales, banking services, clothing sales, and similar services shall be considered permitted accessory uses and may be permitted provided these uses are incidental and subordinate to the hotel use, are for the convenience of the guests of the hotel, and do not exceed the equivalent of 10% of the gross floor area of the hotel lobby or 4,000 square feet, whichever is less. These services shall be designed as an integral part of the lobby area and shall have no separate, exterior means of access for customers.
j. 
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
k. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
l. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Hotels
3 acres
250 feet
275 feet
100 feet
40 feet
80 feet
60 feet
60%
5
60 feet
0.33
13. 
Swim Clubs, Tennis Clubs. Swim clubs and tennis clubs as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
All buildings and structures shall be permanent constructions clad in wood, metal, concrete or vinyl siding and shall not be clad in a flexible membrane or be structures that rely on air, cable tension or other types of non rigid structures for structural support. Neither shall geodesic domes or geodesic structures be allowed for said facility.
d. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
e. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Swim clubs, tennis clubs
2 acres
200 feet
210 feet
80 feet
60 feet
120 feet
60 feet
60%
2.5
35 feet
0.20
14. 
Golf Driving Range, Miniature Golf and Par-3 Golf Course. Golf driving range, miniature golf and par-3 golf courses as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter.
c. 
Exterior lighting for any evening play must be shielded and/or directed to avoid visibility of the light source from adjacent roads and from nearby residences.
d. 
All par-3 fairways be either angled away from adjacent roads and buildings to be either a minimum of 30° off parallel or, if parallel to the road or adjacent lot, the edge of the fairway shall be at least 50 yards away from the right-of-way or lot line.
e. 
Any par-3 courses where a green is located near a road or adjacent lot and players are hitting toward the road or adjacent lot when approaching the green, the design of the hole shall place the closest part of the green at least 30 yards from the right-of-way or the lot line and a double row of evergreens shall be planted between the green and the road or adjacent lot.
f. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
g. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Golf driving range, mini- ature golf and par-3 golf course
4 acres driving range and mini- ature golf, 25 acres par-3 golf course
250 feet
275 feet
80 feet
50 feet
100 feet
80 feet
60%
2.5
35 feet
0.20
15. 
Commercial Radio and Other Communications Towers. Commercial radio and other communications towers as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
Towers shall be at least one-quarter mile from a residential zone.
b. 
Towers shall be no higher than 250 feet from its base.
c. 
Towers shall have no more than three different services attached.
d. 
Towers shall be no closer to another commercial radio or other communications tower than 1/2 mile measured in a straight line.
e. 
Towers shall be set back from any public street at least 300 feet.
f. 
Towers shall be set back from any other lot line at least 200 feet.
g. 
Towers shall have no written, symbolic or similar material attached to the tower.
16. 
Resource Recycling Facility. Resource recycling facilities as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
Resource recycling facilities shall be limited in scope to the following:
(1) 
None of the operation shall involve burning or dissolving, nor shall the process involve any chemical process.
(2) 
The tract shall have direct access to either a collector or arterial street as classified on the Borough's Master Plan.
(3) 
The perceptible noise at the lot line from the operation of equipment shall not exceed the limits established by NJDEP.
b. 
Maximum lot coverage includes storage piles and pavement areas for driveways, aisles, parking and loading areas whether paved with blacktop, concrete, crushed stone, crushed concrete, or similar material.
c. 
The minimum setback of any structure from the centerline of any existing or proposed electric company's transmission/distribution supply line or electric substations shall be 200 feet. This setback shall not apply to local service lines or service connections into individual buildings of 13 Kv or less.
d. 
No structure dedicated to any recycling process shall be closer than 600 feet to any existing residential use or residential zone boundary line.
e. 
No outside storage of any recyclable material shall be closer than 500 feet to any residential zone boundary line or any existing residential use, except that office and similar administrative functions may not be closer than 100 feet to any lot line.
f. 
Whenever the property of a resource recycling facility shall abut a residential zone boundary line or shall abut an existing residential use and there shall be outdoor storage, there shall be provided a landscaped buffer area of at least, 50 feet wide and may or may not include berms contiguous with the residential use or zone boundary lines. The buffer area shall be designed and planted in accordance with this Chapter except that where natural wooded features are on-site and adequately provide the intended buffer, the Board may approve the existing conditions as meeting this requirement, in whole or in part.
g. 
The processing of aluminum cans, tin cans, glass, plastics and paper shall take place within a completely enclosed building on the premises.
h. 
The processing of wood, asphalt, concrete, and scrap aluminum and scrap tin (other than aluminum and tin cans) may take place outside of any building so long as the noise level at the property line shall not exceed any New Jersey State, Monmouth County, or Borough laws, rules or regulations, and so long as all storage and processing areas are either paved or of crushed concrete or stone.
i. 
While materials may be temporarily stored on-site as part of the operation, and while this may result in the accumulation of piles of recyclable materials that are in the process of being recycled, no individual materials brought to the site are permitted to be permanently left on-site. All materials brought to the site shall be separated, ground, pulverized, packaged, and/or handled in such a way as to accomplish the recycling operation so that individual products are shipped off-site as part of a continuing operation. No process is permitted as part of a recycling operation where the material is chemically altered, including the burning or incineration of any materials.
j. 
No materials shall be permitted to be stored outside of a building if they are capable of eroding, blowing around, or otherwise capable of causing a nuisance or a health or safety hazard by reason of contaminating the soil, the air and/or ground or surface water supply or quality; or blowing around the site; or creating litter, dust, odors, or unhealthy or unsafe conditions; or collecting and retaining water.
k. 
Materials permitted to be brought on-site and stored in outside piles shall be stored in piles no higher than 30 feet.
l. 
Hours of Operation. Resource Recycling Facilities shall operate only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday; 7:00 a.m. through 3:30 p.m., Saturday local time, and shall not operate on Sundays.
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum FAR
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Resource recycling facility
30 acres
300 feet
375 feet
750 feet from an Arterial Road, 100 feet from a Collector or Local road
100 feet
200 feet
200 feet
60%
2.5
35 feet
0.10
17. 
Cemetery, With or Without Mausoleum or Crematory. Cemetery, with or without mausoleum or crematory, as defined in this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
Mausoleum shall be 400 feet from any property line.
b. 
Crematory shall be 100 feet from any property line.
c. 
Chapels and committal areas related to the internment, entombment or cremation of human remains on site shall be an accessory use to the principal use.
d. 
Parking for all uses on site must be provided on site as required by this Chapter.
e. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
f. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Lot Coverage
Maximum Building Height
Maximum Building Separation
Lot Area
Width
Front
Side
Rear
Stories
Feet
Interior
Corner
One
Total
Cemetery, with or without mauso- leum, mortuary or crematory
10 acres
300 feet
300 feet
100 feet
50 feet
100 feet
50 feet
20%
4
50** feet
50 feet
** With the exception of spires, cupolas or other architectural appurtenances
18. 
Retail Warehouse. Retail warehouse, as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
Parking must be provided on site as required by this Chapter.
b. 
A minimum of two entrance and exit driveways are required. Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone of at least 25 feet between driveways, and driveways shall be at least 10 feet from adjoining property lines. Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 25 feet from the radius tangent points.
c. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require. A row of low shrubbery planted along the edge of any parking areas along the street together with grass or vegetative ground cover is required.
d. 
There shall be no outdoor storage of any materials, whether for sale or storage.
e. 
Automobile tire and battery sales and installation shall be considered an accessory use to the principal use and shall take place within the building, and all service apparatus shall be located within the building.
f. 
Automobile fuel sales on site shall be considered a separate use, an Automobile Fueling Station. (NOTE: Any and all automobile uses may be developed in combination with any other automobile use, however, the conditional use standards for each use are to be considered in combination so that the conditions of all uses are to be met by the individual automobile use elements of the property.)
g. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Building Height
Maximum Floor Area Ratio (FAR)
Lot Area
(square feet)
Width
(feet)
Depth
(feet)
Front
(feet)
Side
Rear
(feet)
Maximum Lot Coverage
(%)
Stories
Feet
Each
(feet)
Both
(feet)
Lot
Bldg.
Retail Ware- house
4 acres
150
250
70
50
100
80
65
40
.30
19. 
Transportation Services. Transportation services, as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
No parking shall be permitted between the front building line and the street right-of-way.
b. 
Parking must be provided on site as required by this Chapter, including fleet vehicles.
c. 
Direct access to a State highway is required.
d. 
No part of any transportation services operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot high board on board or similar fence shall be installed along any residential zone boundary or use.
e. 
All paved areas within the property shall be at least 10 feet from a property line, 20 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.
f. 
All yard areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require. A row of low shrubbery planted along the edge of any parking areas along the street together with grass or vegetative ground cover is required.
g. 
There shall be no outdoor storage of supplies, materials or automobile parts, whether for storage or waste.
h. 
All storage tanks shall be installed below ground level per Department of Environmental Protection Regulations.
i. 
Minor repair work and routine maintenance of fleet vehicles shall take place within the building, and all repair or service apparatus shall be located within the building. No major repair work may occur on premises. No major or minor repair work or routine maintenance of non-fleet vehicles may occur on premises.
j. 
A maximum of two service bays are permitted.
k. 
Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.
l. 
No unlicensed motor vehicle or part thereof shall be permitted on the premises of a transportation services operation.
m. 
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of a transportation services operation shall be prohibited.
n. 
The storage of cars, trucks, trailers, boats or any other vehicles not a part of fleet operations shall be prohibited.
o. 
Compliance with all bulk requirements as indicated below:
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Building Height
Maximum Floor Area Ratio (FAR)
Lot Area
(square feet)
Width
(feet)
Depth
(feet)
Front
(feet)
Side
Rear
(feet)
Maximum Lot Coverage
(%)
Stories
Feet
Each
(feet)
Both
(feet)
Lot
Bldg.
Trans- porta- tion Serv- ices
4 acres
150
250
70
50
100
80
40
35
.20
20. 
Single Stream Recycling Facility. Single stream recycling facilities as defined by this Chapter, may be located, when approved as conditional uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a. 
Single stream recycling facilities shall be limited to the following:
(1) 
Single stream recycling facilities shall store and process materials only in accordance with the conditional use standards of this subsection. In addition to the foregoing, Class C Single Stream Recycling Facilities shall store and process source-separated food waste, and Class D Single Stream Recycling Facilities shall store and process Class D Recyclable Materials within enclosed buildings only.
(2) 
None of the operation shall involve burning or dissolving, nor shall the process involve any chemical processing of recyclable materials.
(3) 
The tract upon which the single stream recycling facility is developed shall be a separate lot located at least 1,500 feet distant from Shafto Road, measured in a straight line from lot line to street line, and shall not have direct access to either a collector or arterial street as classified on the Borough's Master Plan. Single stream recycling facilities shall not front on nor be seen from Wardell Road or Shafto Road.
(4) 
The tract upon which the single stream recycling facility is developed shall be a separate lot located within 1,100 feet form an existing resource recycling facility or waste transfer station, measured in a straight line from lot line to lot line.
(5) 
The perceptible noise at the lot line from the operation of equipment shall not exceed the limits established by NJDEP.
b. 
Maximum lot coverage includes storage piles, storage bins, and pavement areas for driveways, aisles, parking, loading and processing areas whether paved with blacktop, concrete, crushed stone, crushed concrete, or similar material.
c. 
No structure dedicated to any recycling process shall be closer than 100 feet to any existing residential use or residential zone boundary line.
d. 
Whenever the property of a single stream recycling facility shall abut a residential zone boundary line or shall abut an existing residential use and there shall be outdoor storage, there shall be provided a landscaped buffer area of at least 50 feet wide and may or may not include berms contiguous with the residential use or zone boundary lines. The buffer area shall be designed and planted in accordance with this Chapter except that where natural wooded features are on site and adequately provide the intended buffer, the Board may approve the existing conditions as meeting this requirement, in whole or in part.
e. 
The process of Class A recyclable materials shall take place within a completely enclosed building on the premises.
f. 
The processing of Class B and Class C recyclable materials (excepting therefrom source separated food waste) and scrap metal may take place outside of a building so long as the noise level at the property line shall not exceed any New Jersey State, Monmouth County, or Borough laws, rules or regulations, and so long as all storage and processing areas are either paved or of crushed concrete or stone.
g. 
While recyclable materials may be temporarily stored on site as part of the operation, and while this may result in the accumulation of piles of recyclable materials that are in the process of being recycled, no individual materials brought to the site are permitted to be permanently left on site. All materials brought to the site shall be separated, ground, pulverized, packaged, and/or handled in such a way as to accomplish the recycling operation so that individual products are shipped off site as part of a continuing operation. No process is permitted as part of a recycling operation where the material is chemically altered, including the burning or incineration of any materials.
h. 
No materials shall be permitted to be stored outside of a building if they are capable of eroding or causing a nuisance or a health or safety hazard by reason of contaminating the soil, the air and/or ground or surface water supply or quality; or creating litter, dust, odors, or unhealthy or unsafe conditions; or collecting and retaining water.
i. 
Materials permitted to be brought on site and stored in outside storage piles or storage bins shall be stored in piles no higher than 30 feet.
j. 
Hours of Operation. Single stream recycling facilities shall operate only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, 7:00 a.m. through 3:30 p.m., Saturday local time, and shall not operate on Sundays.
Use
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Building Height
Maximum Floor Area Ratio (FAR)
Lot Area
(square feet)
Width
(feet)
Depth
(feet)
Front
(feet)
Side
Rear
(feet)
Maximum Lot Coverage
(%)
Stories
Feet
Each
(feet)
Both
(feet)
Lot
Bldg.
Single Stream Recycl- ing Facility
3 acres
300
300
50
10
20
40
65
40
.20
21. 
Convenience Stores with Gas. Convenience stores with gas are permitted as a conditional use in the following zones: all nonresidential zones provided the following standards are met, together with any applicable requirements of this chapter, as follows:
[Added 10-1-2019 by Ord. No. 2019-1452]
a. 
The minimum site area shall be 1.5 acres.
b. 
The minimum lot frontage shall be 200 feet. On corner lots, the street frontage on the primary roadway shall be 200 feet, and on the secondary roadway the street frontage shall be 150 feet.
c. 
There shall be no repair, maintenance or washing of motor vehicles conducted on the premises, except for customary services provided while refueling motor vehicles, such as adding vehicle fluids and washing windows, and except for self-service air pumps for tires and self-service vacuums for motor vehicles.
d. 
Any fuel pumps, canopy over the fuel pumps and shelter for pump attendants shall be located at least 100 feet from any residential use located in a residential zone district, and 50 feet from any property line.
e. 
Must have frontage on an arterial or major collector street.
f. 
Maximum canopy height of 18 feet to the peak of the canopy.
g. 
Parking: one space for every 200 square feet of building footprint plus one space for each employee at the maximum shift.
h. 
No direct glare from the lights shall fall upon adjoining streets or properties.
i. 
The sale, rental or lease of new or used vehicles is prohibited.
j. 
A four-season buffer, 25 feet wide, shall be provided on any lot line adjacent to a residential use or zone. A ten-foot buffer shall be provided to any nonresidential use.
k. 
All fuel, oil or similar volatile substances shall be stored as per National Fire Prevention Association Standards.
l. 
All unpaved areas of the site shall be graded and planted with grass, shrubs, trees or other suitable landscaping material.
m. 
There shall be no drive-through facilities associated with the convenience store.
n. 
Outdoor solid waste disposal containers and dumpsters shall be contained within masonry structures with the same fascia material as the convenience store or gas station building.
o. 
A traffic study by a licensed professional engineer in the State of New Jersey shall be provided; either completed during peak time and season or adjusted for such. The study shall include delivery and fuel truck maneuvers as well as on-site ingress and egress routes.
p. 
The proposed convenience store with gas is located at least 2,500 feet in any direction from any other existing convenience store with gas or existing gas station that maintains a convenience store, only if the existing convenience store is 2,000 square feet or greater.
q. 
If a car wash is proposed, the subject property should be two acres in size.
r. 
Convenience stores shall be permitted provided that:
(1) 
They contain not less than 2,000 square feet and not more than 6,500 square feet of gross floor area.
(2) 
Parking and pedestrian circulation for the handicapped shall conform with the Americans with Disabilities Act.[3]
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(3) 
The location and access to the convenience store does not impede or interfere with vehicular and pedestrian circulation to and from the fuel pumps.
22. 
Cannabis Facilities. Cannabis Class uses (other than Alternative treatment centers) shall be permitted as a conditional use if in compliance with the following conditions:
[Added 12-7-2021 by Ord. No. 2021-1480]
a. 
Hours of Operation. Cannabis retail establishments are permitted the following hours of operation:
(1) 
Monday through Saturday: 9:00 a.m. to 10:00 p.m.;
(2) 
Sunday: 11:00 a.m. to 7:00 p.m.
b. 
Location. The permitted location of such uses shall be in accordance with the current New Jersey State requirements in addition to the following:
(1) 
Classes 1, 2, 3, 4, and 5 shall be located in the MFG Manufacturing Zone, the MFG2 Manufacturing Zone or IOP Industrial Office Park Zone, and only in locations to the south of Pinebrook Road.
(2) 
Class 5 licensees shall not be located less than 1,000 feet from the property line of any property used for school purposes.
[Amended 9-20-2022 by Ord. No. 2022-1493]
(3) 
Class 6 Delivery Service shall be prohibited in any location or zoning district within Tinton Falls.
c. 
Permitted Classes of Licenses (as defined by the State of New Jersey). The following classes or combination of are permitted pursuant to the conditional use limitations enumerated above:
(1) 
Class 1: Cannabis Cultivator.
(2) 
Class 2: Cannabis Manufacturer.
(3) 
Class 3: Cannabis Wholesaler.
(4) 
Class 4: Cannabis Distributor.
(5) 
Class 5: Cannabis Retailer.
d. 
Quantity. There shall be no more than two of each Class 1 Cannabis Cultivator facilities, Class 2 Cannabis Manufacturer facilities, Class 3 Cannabis Wholesaler facilities, Class 4 Cannabis Distributor facilities and Class 5 Cannabis Retail facilities.
e. 
Cannabis Consumption Areas. Cannabis consumption areas are prohibited.
f. 
Bulk Requirements. All bulk requirements shall be in accordance with § 40-28E, Schedule B.
Editor's Note: Schedule B is included as an attachment to this chapter.
A. 
Purpose. The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless communication towers and antennas in order to protect the community from visual and other adverse impacts. This section is intended to meet the mandate of the Communication Act of 1996.
B. 
Objectives. The objectives of this section are to:
1. 
Protect residential areas and land uses from the potential adverse quality of life impacts of wireless communication towers and antennas;
2. 
Encourage the location of wireless communication towers on municipal property or in nonresidential areas and along major transportation corridors;
3. 
Minimize the total number of wireless communication towers throughout the community;
4. 
Encourage the co-location of new antennas on existing wireless communication towers instead of construction of additional single-user towers;
5. 
Encourage the location of wireless communication towers and antennas in areas where the adverse quality of life impact is minimized;
6. 
Encourage the location of wireless communication towers and antennas in a way that minimizes their adverse visual impact through careful design, siting, landscaping, screening, and innovative camouflaging;
7. 
Enhance the ability of the providers of wireless communication to provide such services to the community effectively, and efficiently;
C. 
Use Requirements.
1. 
Wireless communication equipment shall be a permitted principal or second principal (on a permitted accessory) use on a publicly owned, leased or otherwise controlled properties that can provide a 500-foot buffer between the wireless communication equipment and any adjacent or nearby residential property. Publicly owned lands include those lands owned, leased or otherwise controlled by the municipality, board of education, the county, the state, a public utility authority and other such public authorities.
2. 
Wireless communication antennas installed on or within existing structures (and utilizing fully screened antennas installed on top of or exterior to existing structures) shall be a (permitted accessory) conditional use in the MFG and IOP Zones on properties which are developed for industrial uses and subject to the conditional use standards of this Chapter. Fully screened shall mean architectural treatment such as parapets, screening panels, faux cornice lines, etc. to fully screen the antennas.
3. 
Wireless communication towers shall be a conditional use in the IOP and MFG Zones subject to the conditional use standards of this Chapter.
4. 
The use of lattice or guyed towers for wireless communication towers shall be prohibited. Towers shall be of monopole design. Lattice towers shall be permitted only at the request of the Borough of Tinton Falls Police Department, Fire Department or Emergency Medical Service for the provision of additional communications equipment.
5. 
No more than one wireless communication tower shall be located on any one property, regardless of zone or ownership.
D. 
Bulk Standards. Wireless communication equipment shall meet the following bulk standards:
1. 
Minimum lot size - two acres or the zone requirement, whichever is greater.
2. 
Minimum setback of wireless communication tower from:
a. 
Any property line - the greater of the zone setback requirement or 1.5 times the tower height.
b. 
Any residential zone line or residential property — 500 feet.
3. 
Maximum height of tower — 150 feet.
4. 
Maximum height of attached antenna on an existing structure — 10 feet above the roof of the building or structure to which attached.
5. 
A wireless communication tower and equipment compound(s) shall be designed and constructed so as to accommodate the equipment of at least four wireless communication service providers, where feasible.
6. 
One improved parking space shall be provided for maintenance vehicles. Said parking space shall be developed per Borough design standards.
7. 
Driveway access to the wireless communication equipment shall be provided. Said driveway access shall be developer per Borough design standards. Due to the limited number and nature of site visits for this use, the driveway width may be reduced to one-and-two family standards and the driveway surface may be gravel, at approving boards' discretion.
8. 
One wireless communication compound consisting of not more than 3,600 square feet may be erected in support of the enclosed wireless communication tower and co-location of additional carriers, provided that:
a. 
The wireless communication compound shall be enclosed within a solid wood or composite wood product fence at least seven feet and no more than eight feet high, which shall include a locking security gate.
b. 
The wireless communication compound shall be 500 feet from any residential zone line or residential property.
c. 
The maximum height of any structure within a wireless communication equipment compound, with the exception of the tower, shall be 12 feet.
d. 
(1) 
The wireless communication compound shall be situated behind existing vegetation, tree cover, structures, buildings, or terrain features which will adequately shield the wireless communication(s) equipment compound from public view; or
(2) 
When a location completely out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the equipment compound fence to adequately shield the compound from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet in height at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center.
e. 
In the case of installation of a wireless communication compound in an existing structure, the equipment cabinets shall be installed within or fully screened on top of the existing building when practical and shall not be permitted in an exterior compound. Any exterior equipment shall be located within an accessory structure subject to the accessory structure provisions of this Chapter.
E. 
Conditional Use Standards; Locations. An applicant desiring to construct wireless communication tower or antennas as a conditional use where permitted must satisfy the following additional standards:
1. 
Complete compliance with all zone and wireless communication (equipment) bulk standards. Any request for bulk variance relief for the development of wireless communication towers or antennas constitutes noncompliance with conditional use standards.
F. 
Visual Compatibility Requirements.
1. 
Wireless communication antennas on existing structures or buildings and wireless communication tower shall be designed, located and screened so as to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other means.
a. 
Permitted tower designs include flag poles with internal mount antennas, monopoles with internal mount antennas color matched to surroundings, flush mounted antennas color matched to surroundings, cluster mounted antennas on armatures of less than eight feet color matched to surroundings, artificial trees, church steeples and clock towers with internal antennae mounts and other similar constructions.
b. 
Permitted antenna designs on existing structures include flush mounted, pole mounted or sled mounted antennas that are fully screened by architectural treatments, such as parapets, screening panels, faux cornice lines, etc.
G. 
Site Plan Application Requirements; Installation.
1. 
All site plan details required by this Chapter.
2. 
A report from a qualified expert certifying that the wireless communication tower comply with the latest structural and wind loading requirements as set forth in the International Building Code and the Electronic Industries Association (EIA) and for the Communication Industry Association (TIA), as it may include a description of the number and type of antennas it is designed to accommodate.
3. 
A binding, irrevocable commitment by the applicant for itself and its successors and assigns in interest to lease additional space on the monopole to any other potential user at reasonable rates and conditions. The applicant's counsel shall simultaneously submit a written opinion that the applicant's commitment is enforceable by the Borough. The commitment shall be recorded prior to issuance of a building permit.
4. 
A copy of the lease or deed for the property.
5. 
A wireless communication report detailing:
6. 
The need for wireless communication antennas at the specific location within the Borough.
7. 
All existing and proposed wireless communication antennas or tower in the Borough, any such antennas or tower in the abutting towns within two miles of the proposed location that provide service to areas within the Borough, and any changes known to the applicant to be proposed within the following twelve-month period, including the discontinuance or relocation of existing antennas or tower.
8. 
Evidence of all alternate designs that would not require the applicant to construct wireless communication antennas or tower at the proposed location.
9. 
Evidence that the applicant has exercised its best efforts to locate its wireless communication antennas on existing towers, buildings or structures within the applicant's search area. Such evidence should consist of:
a. 
There is no existing tower, building or structure within the applicant's search area.
b. 
Existing towers, buildings and structures are not of sufficient height and cannot be made to be of sufficient height to meet the applicant's engineering requirements, or do not have sufficient structural strength to support the applicants proposed antennas and related equipment.
c. 
The applicant's proposed antennas would cause interference with an antenna on the existing tower, building or structure, or an antenna on the existing tower, building or structure would not cause interference with the applicant's proposed antennas.
d. 
There are other limiting factors that render existing towers, buildings and structures unsuitable.
e. 
If a suitable location on an existing tower, building or other structure is found, but the applicant is unable to secure an agreement to locate its equipment on such tower, building or structure, the applicant shall provide written evidence of its attempt or attempts to so locate.
10. 
A visual impact analysis of the proposed tower or antennas.
H. 
Additional Standards.
1. 
No signs shall be permitted except for emergency contact information, safety warnings, and safety instructions.
2. 
No lighting is permitted except for tower lighting as required by Federal or State regulations or lighting that is interior to the communication equipment compound mounted at a height beneath the top of the compound fence.
3. 
Wireless communication antennas and towers shall be maintained to assure their continued structural integrity.
4. 
All wireless communication towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed for safety.
5. 
Wireless communication compound and equipment shall be operated so as not to produce noise in excess of the limits set by Federal regulation, State regulation, or Borough ordinance.
6. 
Every modification to a wireless communications tower or antennas shall be subject to site plan review and approval. A modification is an increase in the number or size of wireless communication antennas or an alteration in the placement of wireless communication antennas in such a manner as to increase their visibility in any way.
7. 
Operators of wireless communication tower or antennas shall notify the Borough when the use of such tower or antennas and equipment is discontinued. Towers or antennas that are not in use for wireless communication purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and re-vegetated to blend with the existing surrounding vegetation at the time of abandonment.
[Added 4-19-2022 by Ord. No. 2022-1486]
A. 
Definitions.
1. 
All definitions of words, terms and phrases that are set forth in the Communications Act of 1934, P.L. 73-416, as amended by various statutory enactments including, but not limited to, the Telecommunications Act of 1996 P.L. 104-104, are incorporated herein and are made apart hereof.
2. 
All definitions of words, terms and phrases that are set forth in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et. seq., are incorporated herein and are made apart hereof.
3. 
All of the definitions of words, terms and phrases that are set forth in the Code of Federal Regulations at 47 C.F.R. § 1.6002, as amended, are incorporated herein and are made a part hereof.
4. 
In addition to the foregoing, the following words, terms and phrases shall have the meanings indicated unless an alternate meaning clearly is discernable from the context in which the word, term or phrase is used:
PERSONAL WIRELESS SERVICES
"Personal Wireless Services," as defined in 47 U.S.C. § 332(c)(7)(C), as supplemented and/or as amended.
PUBLIC RIGHT-OF-WAY
The surface, the airspace above the surface and the area below the surface of any street, road, highway, lane, alley, boulevard or drive, including the sidewalk, shoulder and area for utilities owned by the Borough of Tinton Falls or County of Monmouth.
RIGHT-OF-WAY PERMIT
An approval from the Borough setting forth the applicant's compliance with the requirements of this subsection.
SMALL WIRELESS FACILITIES INFRASTRUCTURE
A Smart Pole meeting the above definition or other collocatable infrastructure designed or deployed for the purpose of supporting small wireless facility, the types of which may be approved by geographical zones as defined by Borough of Tinton Falls.
SMALL WIRELESS FACILITY
"Small Wireless Facility," as defined in the Code of Federal Regulations at 47 C.F.R § 1.6002(1), as supplemented and/or as amended per this subsection. Small wireless facility means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and (ii) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 16 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
SMART POLE
A decorative utility pole that conceals Small Wireless Facility installation(s) and may include other features such as street lighting, 911 call service access, public access Wi-Fi and surveillance cameras. A Smart Pole must allow for multiple occupants and allow space for municipal use for other services and/or equipment. Smart Poles shall neither have external latches, external hinges, external cabling, or other attachments. The pole should be made of an inherently rust-resistant material (e.g., aluminum alloys or stainless steel).
UTILITY POLE
A wooden or metal pole that is used by public utilities to support electrical wires, telephone wires, coaxial cables, fiber optic cables and like and similar appurtenances.
WIRELESS COMMUNICATIONS INFRASTRUCTURE
Infrastructure designed specifically for the purpose of supporting wireless facility equipment deployments, including large-scale (macro) collocatable infrastructure as well as Small Wireless Facilities Infrastructure.
5. 
In the event that a term, word or phrase is not defined in any of the aforementioned statutes and is not otherwise defined herein, then that term, word or phrase shall have its common, ordinary meaning.
B. 
Small Wireless Facility Right-of-Way Permit Required; Consent to Use Rights-of-Way Required.
1. 
No person shall place a Small Wireless Facility in any right-of-way without first filing a Small Wireless Facility Right-of-Way permit application, in the form specified herein and in accordance with the procedures specified herein, with the Borough of Tinton Falls Zoning Officer and obtaining a Right-of-Way permit therefore, except as otherwise may be provided in this subsection. Upon approval of a Right-of-Way permit application, the Right-of-Way permit authorizing placement of a Small Wireless Facility in a public right-of-way shall not be issued by the Borough of Tinton Falls Zoning Officer to any applicant unless:
a. 
All Right-of-Way permit application fees and escrow fees, as established herein, have been paid; and
b. 
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the applicant's Right-of-Way permit application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119, et. seq., and the administrative regulations adopted thereunder, Section 15-1 Excavation of Streets, Curbs and Sidewalks, of the Code of the Borough of Tinton Falls of Borough of Tinton Falls, and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the applicant and the applicant has supplied copies of such other permits or approvals to the Borough of Tinton Falls Zoning Officer for inclusion with the applicant's application documents; and
c. 
The applicant has entered into a "Right-of-Way Use Agreement" with the Borough, in the approved form that is on file with the Borough Clerk. The approved form of "Right-of-Way Use Agreement" may from time-to-time be revised, supplemented or otherwise amended or replaced. The Borough of Tinton Falls Clerk shall maintain on file the currently approved Right-of-Way Use Agreement version and shall provide a copy to all Right-of-Way permit applicants. Minor deviations to the terms and conditions that are set forth in the approved form of Right-of-Way Use Agreement may be approved by Borough of Tinton Falls Council at the time that it grants consent to use a right-of-way to a Right-of-Way permit applicant.
2. 
No approval of a Small Wireless Facility shall be permitted within 500 feet of another Small Wireless Facility unless it can be established by clear and convincing evidence that compliance with these regulations would effectively prohibit the applicant from providing service and that co-location on an existing or previously approved Small Wireless Facility is not feasible. Any claims of applicants of technical incompatibility or inability to collocate need to be demonstrated scientifically by the applicant how technical incompatibility exists, not disproven by the Borough of Tinton Falls. Responsibility for judging proof of said claims lies solely with the Borough of Tinton Falls and/or or its chosen representative(s).
C. 
Siting Standards for Poles, Antennas and Cabinets in the Right-of-Way.
1. 
Pole Siting Standards.
a. 
No pole shall be taller than 35 feet or 110% of the height of the poles in the surrounding streetscape, whichever is less;
b. 
No pole shall be closer than 18 inches from the curb or edge of pavement;
c. 
Poles shall be located on the same side of the street as existing utility poles;
d. 
Poles shall be located at least 300 linear feet from any other existing or proposed poles;
e. 
Poles shall be located at common side property lines of adjacent lots to the greatest extent practicable;
f. 
Poles shall not adversely impact the accessible route of a public sidewalk;
g. 
Poles shall not impact sight distances from public or private streets, driveways or parking lots;
h. 
Poles shall not be located in an area with underground utilities;
i. 
Poles shall be finished, painted, or otherwise camouflaged, in conformance with best available technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact to surrounding properties.
2. 
Ground Level Cabinet Siting Standards.
a. 
Ground level cabinets are prohibited in the right-of-way on any public property.
3. 
Underground Cabinet Siting Standards.
a. 
Underground cabinets are the preferred method of cabinet siting in the Borough and are permitted within all zones;
b. 
Underground cabinets shall not disturb any underground utilities;
c. 
The applicant shall provide a certification from a New Jersey licensed professional engineer attesting to the structural integrity of any underground cabinet;
d. 
Underground cabinets shall be a maximum of 15 square feet at ground level.
4. 
Pole Mounted Antenna and Pole Mounted Cabinet Siting Standards.
a. 
Pole mounted antennae and cabinets are permitted on existing poles in all zones;
b. 
Antennas shall not exceed three cubic feet in volume;
c. 
Cabinets shall not exceed 16 cubic feet in volume;
d. 
Antennas and cabinets shall be finished, painted, or otherwise camouflaged, in conformance with best available technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact to surrounding properties;
e. 
Antennas and cabinets shall not adversely impact the accessible route of a public sidewalk;
f. 
Antennas and cabinets shall not impact sight distances from public or private streets, driveways or parking lots;
g. 
The applicant shall provide a certification from a New Jersey licensed professional engineer attesting the pole is structurally suitable to carry the proposed antennae and cabinet loads.
D. 
Right-of-Way Permit Application Process.
1. 
Application Filing. An application for a Right-of-Way permit to place one or more Small Wireless Facility within a right-of-way shall be made on forms which shall be available from the office of the Borough of Tinton Falls Zoning Officer. The application, along with the required application fee and the required escrow fee, shall be filed with the Borough of Tinton Falls Zoning Office. Immediately upon receipt of an application, the Borough of Tinton Falls Zoning Officer shall provide copies of the application and all supporting documents that were submitted by the applicant with the application, to the Borough of Tinton Falls Engineer, Clerk, Construction Official and Director of Law.
2. 
Application Form. The Small Wireless Facility Right-of-Way permit application shall be made by a provider of personal wireless services, its duly authorized representative, as noted in a notarized statement from the provider of personal wireless services, on whose behalf the representative is acting, or an entity in the business of deploying wireless communications facilities or infrastructure, and shall contain the following:
a. 
The applicant's name, address, telephone number and e-mail address;
b. 
The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;
c. 
A general description of the proposed Small Wireless Facility, existing structure and new structure work to be performed. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with particular emphasis on those matters, including, but not limited to, subservice utilities likely to be affected or impacted by the work proposed along with a description of such other governmental permits or approvals as may be required by applicable law with respect to the proposed installation(s) and a description of such other permits or approvals for which the applicant has applied;
d. 
Verification via sworn statement from an appropriate professional that the Small Wireless Facility shall comply with all applicable federal, state and local laws, administrative regulations and codes; with respect to radio frequency emissions, applicant must provide a sworn statement from a qualified radio frequency engineer that the application will comply with all applicable Federal, State, and Local laws regarding radio frequency emissions.
e. 
The applicant shall certify that they shall make available approved facilities to all major wireless carriers in the marketplace. The applicant shall further certify that they will encourage, manage and coordinate the location and placement of any interested carrier's equipment on their structure.
f. 
Applications for the installation of poles shall require proof of notification to all property owners within 200 feet of each proposed Pole. Notifications shall include a plan and construction details showing the proposed improvements and their location, a written description of the improvements, and contact information for the applicant for any questions.
3. 
All applications must include a site plan prepared by a professional engineer licensed in the State of New Jersey that includes the following:
a. 
A current survey prepared by a professional surveyor licensed in the State of New Jersey that demonstrates the proposed improvements are located within a public right-of-way.
b. 
Right-of-way and property lines in the vicinity of the improvements.
c. 
The location and size of all proposed improvements.
d. 
The location of all overhead and underground public utilities and other facilities in the public right-of-way.
e. 
The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove, relocate, or alter.
f. 
Construction details for all proposed poles, antennae, cells, nodes, equipment cabinets, and other proposed improvements.
4. 
Applications for new freestanding Small Wireless Facilities shall provide evidence that the facility can accommodate colocation of additional carriers. No telecommunications carrier or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location.
5. 
An applicant seeking to deploy a network of Small Wireless Facilities, all of which are to be located in rights-of-way, may file a batched application for up to 25 Small Wireless Facilities and receive a single Right-of-Way permit for multiple Small Wireless Facilities. Any denial of any individual Small Wireless Facilities within a batched application will not impact the consideration of other sites within the same application.
6. 
In the case of an application that seeks to construct, install, operate, maintain, or otherwise locate any improvements on or within County right-of-way, the applicant shall also provide notice to and obtain a permit from the County authorizing the placement of such improvements within such right-of-way.
E. 
Procedure on Permit Application; No Exclusive Rights.
1. 
The Borough of Tinton Falls shall review the application for a Small Wireless Facility Right-of-Way permit in light of its conformity with the provisions of this subsection, and shall approve or deny a Right-of-Way permit on nondiscriminatory terms and conditions subject to the following requirements:
a. 
Within 10 working days of receiving an application, the Borough of Tinton Falls Zoning Officer shall determine and notify the applicant:
(1) 
Whether the application is complete;
(2) 
If the application is incomplete, what specific information is missing.
2. 
The Borough of Tinton Falls shall make its final decision to approve or deny the application within the following time frames:
a. 
Sixty days from the submission of a complete application to install a Small Wireless Facility upon one or more existing structures.
b. 
Ninety days from the submission of a complete application to install a Small Wireless Facility upon one or more new structures.
c. 
Ninety days from the submission of a complete batched application to install Small Wireless Facilities upon both existing and new structures.
The time frames described above by which an application shall be either approved or denied may be extended by mutual consent of the applicant and Borough of Tinton Falls. Such consent shall be set forth on a form for such purposes which shall be available from the office of the Borough of Tinton Falls Zoning Officer. Such consent on behalf of the Borough of Tinton Falls shall be exercised by the Borough Administrator, Zoning Officer, or their chosen representative, in his/her reasonable discretion.
3. 
The Borough of Tinton Falls Zoning Officer shall notify the applicant in writing of the final decision, and if the application is denied specify the basis for denial; and cite such specific provisions from federal, state, or local laws, administrative regulations or codes as to why the application was denied.
4. 
Notwithstanding an initial denial, the applicant may cure any deficiencies identified by the Borough of Tinton Falls within 30 days of the denial without paying an additional application fee, provided the Borough of Tinton Falls Zoning Officer shall approve or deny the revised application within 30 days of receipt of the amended application which shall be limited to the deficiencies specified in the original notice of denial.
5. 
A Right-of-Way permit from the Borough of Tinton Falls authorizes an applicant to undertake only certain activities in accordance with this subsection. No approval or consent granted, or Right-of-Way permit issued, pursuant to this subsection shall confer any exclusive right, privilege, license or franchise to occupy or use any public right-of-way within the Borough of Tinton Falls for the delivery of telecommunications services or for any other purpose.
6. 
Nothing in this section affects an applicant's obligation to apply for other permits that may be required under this code, such as street opening permits or construction permits, for which the applicant has not yet applied. No Small Wireless Facility Right-of-Way permit shall be approved until the applicant has applied for all other permits and approvals required by all other laws and regulations that are applicable to the applicant's proposed Small Wireless Facility deployment.
F. 
Duration. No Right-of-Way permit issued under this subsection shall be valid for a period longer than 12 months unless construction has actually begun and continuously and diligently is pursued to completion. Upon written request from the applicant, the Mayor, upon consultation with the Construction and Zoning Officials, may extend the Right-of-Way permit for a period of up to 12 months so long as construction has begun at the time that the applicant's request for an extension is made.
G. 
Routine Maintenance and Replacement. A Small Wireless Facility Right-of-Way permit shall not be required for:
1. 
Routine maintenance of a Small Wireless Facility.
2. 
The replacement of a Small Wireless Facility with another Small Wireless Facility that is the same or smaller in size, weight and height to the Small Wireless Facility that is being replaced.
3. 
Provided, however, that on a location where the Borough of Tinton Falls and/or another provider has placed equipment or facilities, any routine maintenance or replacement that is done shall not occur until written authorization from the Borough of Tinton Falls and/or the other provider, as the case may be, to proceed is provided to the Borough of Tinton Falls, which authorization to proceed shall not unreasonably be withheld by the Borough of Tinton Falls and/or the other provider.
4. 
Provided further that if the replacement of a Small Wireless Facility with another Small Wireless Facility includes replacement of the structure to which the Small Wireless Facility is attached, then an application for a Right-of-Way permit shall be required.
5. 
Notwithstanding anything to the contrary in this paragraph G, the Police Department, Traffic Safety Division, shall be notified for any activity that involves any road closure or other activity that will impact vehicle or pedestrian traffic.
H. 
Fees.
1. 
Application Fees. All applications for approval and issuance of a Small Wireless Facility Right-of-Way permit pursuant to this subsection shall be accompanied by a fee as follows:
a. 
For applications that do not include the installation of any new structures within a right-of-way the application fee shall be $500 for up to five Small Wireless Facilities with an additional $100 for each Small Wireless Facility beyond five.
b. 
For applications that include the installation of a new structure within a right-of-way the application fee shall be $1,000 for up to five Small Wireless Facilities with an additional $100 for each Small Wireless Facility beyond five.
I. 
Escrow Fee for Third-Party Professionals and Consultants.
1. 
In addition to the application fee, all applications for approval and issuance of a Small Wireless Facility Right-of-Way permit shall be accompanied by an escrow fee of $2,000.
2. 
The escrow account deposits are required to pay for the costs of professional services, including engineering, planning, legal and other third-party professional consulting expenses connected with the review of submitted materials, including any traffic engineering review or other special analyses related to the Borough of Tinton Falls' review of the materials submitted by the applicant and the preparation of any reports or any necessary legal agreement regarding rights-of-way use. An applicant is required to reimburse the Borough of Tinton Falls for all fees, costs and expenses of third-party professionals and consultants incurred and paid by the Borough of Tinton Falls for the review process of a Small Wireless Facility Right-of-Way permit application, such as, but not limited to:
a. 
Professional fees for reviews by third-party professionals or consultants of applications, plans and accompanying documents;
b. 
Issuance of reports or analyses by third-party professionals or consultants to the Borough of Tinton Falls setting forth recommendations resulting from the review of any documents submitted by the applicant;
c. 
Charges for any telephone conference(s) or meeting(s), including travel expenses, requested or initiated by the applicant, the applicant's attorney or any of the applicant's experts or representatives;
d. 
Review of additional documents submitted by the applicant and issuance of reports or analyses relating thereto;
e. 
Review or preparation of right-of-way use agreements, easements, deeds, right-of-way municipal consent ordinances or resolutions and any and all other like or similar documents; and
f. 
Preparation for and attendance at all meetings by third-party professionals or consultants serving the Borough of Tinton Falls, such as the Borough of Tinton Falls Attorney, Borough of Tinton Falls Engineer and Borough of Tinton Falls Planner or other experts as required.
3. 
The escrow account deposits shall be placed in a separate account by the Borough of Tinton Falls' Chief Financial Officer at the request of the Borough of Tinton Falls Clerk and an account shall be kept of each applicant's deposit. Thereafter:
a. 
All third-party professional or consultant fees, costs, expenses and charges shall be paid from the escrow account and charged to the applicant;
b. 
Third-party professional or consultant fees shall not be disbursed from escrow if they are for a service performed in the context of an identical paid service between applicant and same third-party who may otherwise be entitled to said fees.
c. 
Upon either final denial of a Small Wireless Facility Right-of-Way permit application or upon issuance of a Small Wireless Facility Right-of-Way permit, any moneys not expended for third-party professional or consulting services shall be returned to the applicant within 90 days upon written request by the applicant and as authorized by the Borough of Tinton Falls Council;
d. 
If at any time during the application review process 75% of the money originally posted shall have been expended, the applicant shall be required to replenish the escrow deposit to 100% of the amount originally deposited by the applicant;
e. 
No Small Wireless Facility Right-of-Way permit application shall be considered complete until such time as the required escrow fee has been posted to guarantee payment of third-party professional or consultant fees, costs, expenses and charges;
f. 
All payments charged to the escrow deposit shall be pursuant to vouchers from the third-party professionals or consultants stating the hours spent, the hourly rate and the fees, costs, expenses and charges incurred;
g. 
Third-party professionals and consultants submitting charges pursuant to this section shall be permitted to charge for such services at the same rates as they would charge the Borough.
h. 
The Borough of Tinton Falls shall render a written final accounting to the applicant on the uses to which the escrow deposit was put. The written final accounting shall include copies of all vouchers that were submitted by third-party professionals and consultants and paid by the Borough of Tinton Falls.
J. 
Municipal Access to New Structures. An applicant whose Right-of-Way permit includes the installation of any new Smart Pole structure of any of the types that are defined in paragraph A, Definitions of this subsection shall provide the Borough of Tinton Falls with access to space within the Smart Pole structure for the purpose of deploying Borough of Tinton Falls' own equipment including but not limited to, public access Wi-Fi, 911 call service or security cameras. Notwithstanding the foregoing, the Municipality use shall not interfere with Small Wireless Facilities of any other users of that Smart Pole. Any Municipal use pursuant to this subsection shall include a reimbursement to the applicant, on an annual basis, of the costs, on a dollar-for-dollar basis, of providing the Borough of Tinton Falls with such access. Such costs shall be limited to the costs of providing electricity to the components used by the Borough of Tinton Falls and the costs of any repairs required to be made to the components used by the Borough of Tinton Falls, unless the repair costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
K. 
Notwithstanding any provision to the contrary, nothing in this subsection should be interpreted to have the effect of prohibiting or effectively prohibiting the deployment of broadband or other communications services.
[Ord. No. 11-1313 §§ 2 - 6]
A. 
General Applicable Standards for Small Wind Energy Systems and Small Solar Energy Systems.
(110% production).
1. 
The primary purpose of a small wind or small solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small wind or small solar system to a supplier/provider. For the purposes of this section, the generation of power shall be limited to 110% of the average annual energy consumed for the principal use of the subject property.
2. 
Small wind energy systems are permitted as a conditional use on the same lot as the principal use. Small solar energy systems are permitted as an accessory use on the same lot as the principal use. All small wind or small solar energy systems require approval from the zoning officer prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer does not believe the provisions of this section will be satisfied an applicant may request a variance.
3. 
All applications for small wind or small solar energy systems are to be submitted for site plan and/or variance/waiver review to the Planning Board or the Zoning Board, as necessary, when a variance/waiver is requested.
B. 
Small Wind Energy Systems.
(110% production).
1. 
Small wind energy systems are permitted as a conditional use in all zones subject to the following requirements:
a. 
Minimum lot size:
(1) 
Three acres in all residential zones.
(2) 
Five acres in all commercial zones.
b. 
Maximum height: System height shall not exceed 25 feet, measured from the grade plane to the height of the blades at its highest point.
c. 
Minimum setbacks: All wind energy systems shall be set back from all property lines a distance equal to 100% of the system height including the blades of the turbine at their highest point.
d. 
Wind energy systems shall not be permitted in any front yard.
e. 
No more than one wind energy system shall be permitted per property.
f. 
Wind energy systems shall not be permitted as a rooftop installation.
g. 
All moving parts of the wind energy system shall be a minimum of 30 feet above ground level.
h. 
Any tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
i. 
All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system.
2. 
Noise: All wind energy systems shall comply with the following requirements.
a. 
Between residential use or zone sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.
b. 
In all other cases at a common property line sound levels of the wind energy system shall not exceed 65 dBA.
C. 
Small Solar Energy Systems. (110% production) will be created and shall state the following:
1. 
Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements.
a. 
Rooftop solar arrays shall not exceed a height of 12 inches from the existing roof surface of a peaked roof and not exceed a height of four feet from the existing roof surface of a flat roof.
[Amended 10-1-2019 by Ord. No. 2019-1452]
b. 
In no event shall the placement of the solar energy system result in a total height building plus panels and mounting equipment than what is permitted in the zoning district which the subject energy system is located.
2. 
Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements:
a. 
Maximum size: No more than 10% of a lot may be devoted to a ground-mounted solar energy system, however, in no case shall a ground-mounted solar energy system exceed 2,500 square feet.
b. 
Ground-mounted solar energy systems shall not exceed a height of 10 feet as measured from the grade plane to the highest point of the mounting equipment and/or panel(s), whichever is higher.
c. 
Minimum setback: All ground-mounted solar energy systems shall have a distance of 20 feet from all property lines in residential zoning districts or 50 feet from any property line in commercial zoning districts.
d. 
Ground-mounted solar energy systems shall not be permitted in any front yard.
e. 
Ground-mounted solar energy systems are permitted in the rear yard.
f. 
Ground-mounted solar energy systems are permitted in side yards, if screened from the street and adjacent properties by evergreen landscaping to create a continuous buffer.
g. 
Ground arrays shall not contribute to impervious surface calculations, unless installed above an impervious surface.
D. 
Additional requirements shall be created and shall state the following:
1. 
All small wind energy systems and small solar energy systems shall comply with the following:
a. 
Small wind and small energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacture or operator of the system. In no case shall any identification be visible from a property line.
b. 
Small wind and small solar energy systems shall not significantly impair a scenic vista or scenic corridor as identified in the Borough's Master Plan or other published source.
c. 
The natural grade of the lot shall not be changed to increase the elevation of any wind turbine or solar array.
d. 
Wires, cables and transmission lines running between the device and any other structure shall be installed underground.
e. 
All ground mounted electrical and control equipment shall be secured to prevent unauthorized access.
f. 
The design of small wind and small solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
g. 
The installation of a small wind and small solar energy systems shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs.
h. 
The installation of a small wind and small solar energy systems is subject to all local electric company requirements for interconnections.
i. 
The following requirements are applicable to small wind energy systems:
(1) 
Wind energy systems shall not be artificially lit, except to the extent required by the FAA or other applicable authority.
(2) 
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(3) 
The blades on the wind energy system shall be constructed of a corrosive resistant material.
E. 
Abandonment shall be created and shall state the following:
1. 
Abandonment.
a. 
In the case that any small wind or small solar energy system as defined herein is out of service for a continuous twelve-month period will be deemed to have been abandoned.
b. 
The Zoning Officer may issue a "Notice of Abandonment" to the owner. The notice shall be sent via regular and certified mail return receipt requested to the owner of record.
c. 
Any abandoned small wind or small solar energy system as defined herein shall be removed at the owner's sole expense within six months after the owner receives the "Notice of Abandonment" from the municipality. If the system is not removed within six months of receipt of notice from the Borough notifying the owner of such abandonment, the Borough may remove the system as set forth below.
d. 
When an owner of a small energy system as defined herein has been notified to remove same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
[1]
Editor's Note: Renumbered from § 40-38.1 to § 40-38.2 by Ord. No. 2022-1486.
A. 
Location of Parking and Loading Areas.
1. 
Parking and loading spaces shall be located on the same lot as the use being served, may abut the building being served rather than requiring a setback from the building and shall be located to directly serve the building for which the space is being provided. No off-street parking or loading space shall have direct access from a street.
2. 
No loading and parking spaces shall be located in any required buffer area.
3. 
Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 400 feet of commercial/industrial uses (parking garages are an exception).
4. 
Other than driveways for detached single-family homes, uses having parking lots for more than six vehicles or having at least one loading space shall have all aisles and spaces set back at least 25 feet from any lot line and street right-of-way.
5. 
Drive-Up Window Services. Any use having drive-up window services shall provide at least one by-pass lane and each window shall have an access lane long enough to accommodate at least six vehicles in addition to the vehicle at the window. These access lanes shall be separate from all interior driveways and aisles serving other on-site circulation and parking areas.
6. 
No loading area shall be located in a front yard.
[Added 10-1-2019 by Ord. No. 2019-1452]
7. 
There shall be no loading in a yard abutting, or in, a public right-of-way.
[Added 10-1-2019 by Ord. No. 2019-1452]
8. 
No loading space shall be located within 40 feet of an intersection of any two public rights-of-way. The off-street loading space(s) shall be located on the property so as to permit any vehicle to be parked in the loading space with no portion of the vehicle extending into the public street.
[Added 10-1-2019 by Ord. No. 2019-1452]
B. 
Minimum Required Off-Street Parking Schedule for Nonresidential Uses. The number of off-street parking spaces required for any nonresidential use shall be determined by reference to Parking Schedule 1 below. "GFA" shall mean "gross floor area."
1. 
Unscheduled Uses. Off-street parking requirements for uses not listed in Parking Schedule 1 shall be established by the Board, based upon accepted industry standards.
2. 
Combined Uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated that staggered hours would permit modification.
3. 
Fractional Spaces. Whenever the application of Parking Schedule 1 standards results in the requirements of a major fraction of a space in excess of one-half, a full space shall be required.
4. 
Fleet Vehicles. Any nonresidential use with vehicles owned or leased and rented to the public or operated by employees must provide additional parking spaces on site above those required by the schedule below in order to accommodate any and all vehicles within the fleet. This shall include, but not be limited to: car rental, exterminators, cleaning services, realtors, distributors, delivery services, printing houses, etc.
Parking Schedule 1
[Amended 10-1-2019 by Ord. No. 2019-1452; 9-19-2023 by Ord. No. 2023-1507]
Parking Requirements for Nonresidential Uses
Use
Minimum Number of Off-Street Parking Spaces
Automobile Car Wash
10 spaces/washing lane and 2 spaces/vacuum or similar machine
Automobile Fueling Stations
1 space/fueling pump
Any Associated Retail
4 spaces/1,000 square feet GFA
Automobile Oil Change and Lubrication Shop
8 spaces/service lane and 2 spaces/vacuum or similar machine
Automobile Repair Shop
4 spaces/service bay
Assisted Living Residence
0.5 space/unit
Banks and Fiduciary Institutions
1 space/250 square feet GFA
Bowling Alley
2 spaces/lane or alley
Car and Truck Dealers
1 space/300 square feet showroom area, sales area and office area
Child Care Center
As specified in § 40-35A
Church
1 space/5 seats
Community Center
1 space/800 square feet GFA
Communication/Radio Tower
2 spaces minimum
Continuing Care Retirement Community
0.9 space per independent living unit to be distributed to meet the particular needs of individual buildings on site
Contractors/Landscaping Yards
1 space/300 square feet display area, sales area and office area
Delicatessens/Specialty Food
1 space/1,000 square feet GFA
Family Day Care Home
2 for the dwelling unit + 2 for clients
Farm Stand
3 spaces minimum
Fitness Centers, Weight Rooms, Gyms
1 space/200 square feet GFA
Flex Space Buildings
1 space/800 square feet GFA
Golf Course
Full-size
3 spaces/green
Par-3
3 spaces/green
Miniature golf
2.2 spaces/hole
Pitch and putt
2.2 spaces/hole
Driving range
1.4 spaces/tee
Home Occupation
3 spaces minimum
Hospital
1.5 spaces/bed
Hotel
Guest Room
1 space/guest room
Employee
1 space/employee on largest shift
Restaurant/Lounge/Banquet/Conference
1 space/3 seats in restaurant, lounge and conference/banquet space
Library
1 space/300 square feet GFA
Light Industrial/Fabrication/Assembly
1 space/800 square feet GFA
Lumber and Contractor's Yard
1 space/5,000 square feet storage area and 1 space/250 square feet retail GFA
Manufacturing
1 space/800 square feet GFA
Mortuary
10 spaces/viewing room and/or chapel
Office (Non-Medical)
1 space/250 square feet GFA
Office Park
1 space/300 square feet GFA
Office (Medical and Dental)
Less than 5,500 square feet GFA
6 spaces/1,000 square feet GFA
5,500 square feet to 10,000 square feet GFA
5.5 spaces/1,000 square feet GFA
More than 10,000 square feet GFA
5 spaces/1,000 square feet GFA
Pharmacy
3 spaces/1,000 square feet GFA
Pro Shop
1 space/300 square feet GFA
Research/Testing/Experimentation
1 space/800 square feet GFA
Restaurant
Sit-down
1 space/3 seats
Take-out
1 space/40 square feet GFA
Mixed
1 space/3 seats plus 1 space per 40 square feet of floor area
Retail Sales and Services
Less than 400,000 square feet GFA
4.0 spaces/1,000 square feet GFA
400,001 to 600,000 square feet GFA
4.5 spaces/1,000 square feet GFA
600,001 + square feet GFA
5.0 spaces/1,000 square feet GFA
Retail Warehouse
5.5 spaces/1,000 square feet GFA
Schools
Elementary (Pre-K through 8)
1.2 spaces/classroom; min. 1/staff
Middle (5-8)
1.2 spaces/classroom; min. 1/staff
High School (9-12)
2.0 spaces/classroom; min. 2/staff
Scrap Metal
1 space/employee
Shipping/Receiving
1 space/5,000 square feet GFA
Shopping Centers
Same as Retail Sales and Services
Swim Club
1 space/30 square feet water surface
Tavern
1 space/2.5 seats
Tennis Club
2 spaces/court
Theater
1 space/4 seats
Training and Instructional Classes, Dance and Rehearsal Studios
1 space/250 square feet GFA
Veterinary Clinic/Hospital
6 spaces/doctor
Warehousing
1 space/5,000 square feet GFA
Wireless Telecommunications Equipment
1 space minimum
C. 
Minimum Required Off-Street Parking Schedule for Residential Uses.
All Residential Uses are Subject to RSIS Standards
The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended.
1. 
All detached single family homes shall be required to provide an attached or detached garage for the storage of at least one automobile.
2. 
A one car garage and driveway combination shall count as two off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.
3. 
When housing is included in mixed-use development, a shared parking approach to the provision of parking may be permitted.
4. 
For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7), to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
D. 
Minimum Required Off-Street Loading Schedule for Nonresidential Uses. The number of off-street loading spaces required for any nonresidential use shall be determined by reference to Loading Schedule 2 below.
1. 
Unscheduled Uses. Off-street loading requirements for uses not listed in Loading Schedule II shall be established by the Board, based upon accepted industry standards.
2. 
Combined Uses. In the case of a combination of uses, the off-street loading requirement shall consist of the sum of the loading spaces required for each individual use unless it can be demonstrated that staggered hours would permit modification.
3. 
Fractional Spaces. Whenever the application of Loading Schedule II standards results in the requirements of a major fraction of a space in excess of 0.5, a full space shall be required.
Loading Schedule 2
Loading Requirements for Nonresidential Uses
Use
Minimum Number Loading Space
At which 1st Berth Required
Number Additional Square Feet for each Additional Berth
Automobile Car Wash
1
Automobile Fueling Stations
1
Any Associated Retail
1
Automobile Oil Change and Lubrication Shop
1
Automobile Repair Shop
1
Assisted Living Residence
0
Banks and Fiduciary Institutions
0
10,000
100,000
Bowling Alley
1
Car and Truck Dealers
1
10,000
40,000
Child Care Center
0
Church
0
Community Center
0
Communication Tower
0
Continuing Care Retirement Community
1
Contractors/Landscaping Yards
0
Delicatessens/Specialty Food
1
10,000
20,000
Family Day Care Home
0
Farm Stand
1
10,000
Fitness Centers
1
Flex Space Buildings
3
5,000
50,000
Golf
Full size
1
Par-3
0
Miniature golf
0
Pitch and putt
0
Driving range
0
Home Occupation
0
Hospital
1
10,000
100,000
Hotel
1
10,000
100,000
Library
0
10,000
100,000
Light Industrial/Fabrication/Assembly
1
5,000
40,000
Lumber and Contractor's Yard
1
10,000
30,000
Manufacturing
1
5,000
40,000
Mortuary
0
Office (Non-Medical)
1
10,000
100,000
Office Park
1
10,000
100,000
Office (Medical and Dental)
1
10,000
40,000
Pharmacy
1
10,000
Pro Shop
1
10,000
Research/Testing/Experimentation
1
5,000
40,000
Restaurant
1
10,000
25,000
Retail Sales
1
10,000
100,000
Retail/Warehouse
2
10,000
40,000
Schools
1
Scrap Metal
2
Shipping/Receiving
1
5,000
40,000
Shopping Centers
1
10,000
100,000
Swim Club
0
Tavern
1
10,000
25,000
Tennis Club
0
Theater
1
10,000
Training and Instructional Classes
0
Veterinary Hospital
1
Warehouse
1
5,000
40,000
Wireless Telecommunications Equipment
0
A. 
Continuance of Existing Nonconforming Uses and Structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this Chapter may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this Chapter.
B. 
Alteration, Extension or Enlargement of Nonconforming Use or Structure.
1. 
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
2. 
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
a. 
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
b. 
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
c. 
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
3. 
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
4. 
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
C. 
Damage to Buildings or Structures. Any nonconforming use, building or structure, other than a single-family detached dwelling on an undersized lot, which shall be more than 50% damaged by reason of windstorm, fire, explosion or other act of God or man shall be deemed completely destroyed and the use, building or structure may not be reestablished, rebuilt, restored or repaired except in conformity with this Chapter. For single-family homes on undersized lots which shall be destroyed as described above, said structures may be reconstructed, provided that no aspect of the new or rebuilt structure increases any nonconformity of the original structure or causes any new nonconformity with this Chapter.
D. 
Restoration of Nonconforming Structures. Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this Article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
E. 
Nonconforming Improved Lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
1. 
The number of dwelling units shall not be increased even if such increased number of dwelling units is allowed in the zone, unless approved by the Board of Adjustment.
2. 
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming including any vertical additions of any type.
3. 
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage set forth in Schedule B.
Editor's Note: Schedule B is included as an attachment to this chapter.
4. 
Any existing and proposed improvement on the nonconforming improved lot shall conform to all other zone standards including off-street parking.
F. 
Subdivision of Nonconforming Lot Prohibited. No nonconforming lot shall be made more nonconforming through subdivision, re-subdivision or any such other action. Where two or more contiguous, nonconforming lots are in common ownership, these lots shall be considered combined for the purposes of meeting the requirements of this Chapter. Such combined lots shall not be subdivided or resubdivided except in conformance with this Chapter.