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Borough of Surf City, NJ
Ocean County
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Table of Contents
Table of Contents
[Ord. No. 72-7 § 1]
The title by which this chapter shall be known and may be cited is The Zoning Regulations of the Borough of Surf City, and it shall include a map known as the zone map which shall be an integral part of this chapter.
[Ord. No. 72-7 § 2]
The purpose of this chapter is to protect and encourage the most appropriate use of land; to lessen congestion in the streets; to secure safety from the dangers of fire, panic and other dangers; to insure the provisions of adequate light, air and amenity; to prevent undue concentration of population and the overcrowding of land; to conserve the value of property; and to promote the health, safety, welfare and convenience of the community.
[Ord. No. 72-7 § 3; Ord. No. 85-1; Ord. No. 02-09 § I; Ord. No. 03-09 § II; Ord. No. 2005-05 § 1]
For the purpose of this chapter, certain terms and words are herein defined. The words "used for" include the meaning "designed for"; the word "building" includes the word "structure"; the word "plot" includes "lot".
ACCESSORY BUILDING
Shall mean a building housing any use incidental to the principal use of the land.
ACCESSORY DWELLING
Shall mean an accessory building designed or used in whole or in part as a dwelling, and having an area not more than 3/4 of the area of the main building.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc), or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
[Added 5-9-2018 by Ord. No. 2018-08]
BASEMENT
Shall mean a story partly or wholly underground.
BASE STATION
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, without limitation, the following.
a. 
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a backhaul network.
b. 
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including DAS and small-cell networks).
c. 
Any structure other than a tower that, at the time the relevant application is filed under this section, supports or houses equipment described in Subsections a and b which has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
BASIC GRADE
Shall mean the elevation at the center line of the street on which the plot fronts, as established or to be established by the Borough.
BLACKHAUL NETWORK
The lines that connect a wireless provider's or facility developer's towers and cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
[Added 5-9-2018 by Ord. No. 2018-08]
BOARDINGHOUSE
Shall mean a building in which not more than five rooms are used, or intended to be used, for compensation for the lodging of guests, with meals served to occupants only.
BREEZEWAY
Shall mean a covered passageway extending between a main and an accessory building and having a permanent floor and a permanent roof, designed so as to be or become an integral part of the design of the main building.
BUILDING
Shall mean any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports and an unroofed platform, terrace or porch raised more than eight inches above the grade of the adjacent yard.
BUILDING AREA
Shall mean the area of the largest floor plan of the building and any portion of the building extending beyond the foundation wall. Lot coverage calculations shall exclude the following: entrance steps to the first floor with incidental landings not to exceed the width of the stairs, 20 square feet of the top landing, and maximum four-foot walkways and stairways at least eight feet above grade.
[Amended 12-11-2019 by Ord. No. 2019-17]
BUILDING HEIGHT
Shall mean the vertical distance measured from the basic grade to the highest point of the roof.
CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the Construction Official upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the Board of Adjustment, and all other applicable requirements have been complied with.
CO-LOCATION
The mounting of one or more wireless communications facilities, including antennae, on an existing tower-based wireless communications facility and/or wireless support structure for the purpose of transmitting and/or receiving radio and digital frequency signals for communications purposes. To be confirmed as co-location, an applicant must demonstrate that it qualifies as co-location in accordance with federal and state law, including, but not limited to N.J.S.A. 40:55D-46.2.
[Added 5-9-2018 by Ord. No. 2018-08]
CORNER PLOT
Shall mean a plot or lot having intersecting street lines as two or more of its boundaries.
COURT
Shall mean an open unoccupied space, other than a yard, on the same plot with a building.
COVERAGE GAP
The need for additional capacity because of inadequate present capacity or service, dead spots, and inability to place a call.
[Added 5-9-2018 by Ord. No. 2018-08]
DEAD SPOT
Small areas within a service area where the field of strength is lower than the minimum level for reliable service or inadequate capacity exists as determined by expert testimony in accordance with industry standards.
[Added 5-9-2018 by Ord. No. 2018-08]
DIRECTIONAL SIGN
Shall mean an advertising sign or device intended to direct or point toward a place, or one that points out the way to either an unfamiliar or a known place that obviously could not be easily located without such a sign or device.
DISTRIBUTED ANTENNA SYSTEM or DAS
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 5-9-2018 by Ord. No. 2018-08]
DUPLEX
Shall mean a structure or structures located on a single lot designed for two separate residences without regard to the legal relationship of the occupants in either or both of the living units. In order for a structure or structures to constitute a duplex, each living unit or residence must have a separate entrance, separate cooking facilities and separate complete bathroom facilities. A complete bathroom facility is defined as having a commode and shower or bath. A separate outside shower which is capable of being utilized in conjunction with half bath facilities shall constitute a complete bathroom facility. Heating capabilities shall not be considered in the determination of a duplex, as a living unit is capable of being utilized during the summer without heat.
DWELLING
Shall mean any building or portion thereof which is designed for or occupied as a residence, except hotels or motels.
FAMILY
Shall mean one or more persons related by blood or marriage occupying a dwelling unit and living and cooking as a single, nonprofit housekeeping unit, including servants. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization.
FCC
The Federal Communications Commission.
[Added 5-9-2018 by Ord. No. 2018-08]
FREESTANDING TEMPORARY SIGN
Any sign which is supported by structures or supports in or upon the ground and independent of support from any building.
[Added 5-9-2018 by Ord. No. 2018-09]
FRONT YARD
Shall mean a yard across the full width of the plot extending from the front wall of the building to the street line of the plot.
GARAGE APARTMENT
Shall mean a two story building, the first floor of which is designed and used chiefly for the storage of motor vehicles, and the second floor of which is designed or used as a dwelling.
GARAGE, PRIVATE
Shall mean a building or space designed as accessory to or a part of the main building which is designed primarily for the storage of vehicles.
GUEST HOUSE
Shall mean any accessory building used in whole or in part as a dwelling.
HALF STORY
Shall mean a story with at least one of its walls formed by a sloping roof.
HOME OCCUPATION
Shall mean an occupation carried out on the premises by an occupant thereof in which there is no display or sale or offer of sale of goods and services on the premises and no other persons than occupants employed.
HOME OFFICE
Shall mean an office situated in a dwelling in which is performed accounting, record keeping, and similar procedures associated with a gainful occupation pursued off the premises by an occupant of the dwelling, excluding real estate agencies.
HOTEL (MOTEL)
Shall mean a building in which more than five rooms are used, or intended or designed to be used, for the lodging of guests for compensation, with or without meals.
INTERIOR PLOT
Shall mean a lot or plot the sidelines of which do not abut the street.
LOT
Shall mean the area of land contained in any numbered subdivision of a block as shown on the Official Map of Surf City.
MAIN BUILDING
Shall mean the building housing the principal use of the plot.
MONOPOLE
A wireless communications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure to support communications antennae and connecting appurtenances.
[Added 5-9-2018 by Ord. No. 2018-08]
NONCONFORMING BUILDING
Shall mean a building or structure which was designed, executed or structurally altered for a use that does not conform to the use regulations of the zone in which it is located, or a building or structure which does not conform to all the height and area regulations of the zone in which it is located; provided the building or structure was in all respects a lawful building at the time it was constructed.
NONCONFORMING LOT
Shall mean a lot or parcel which does not have the minimum width or depth or contain the minimum area for the zone in which it is located, or the use to which it is being put, and which was in all respects lawful at the time it was first delineated by deed or plot plan of public record.
NONCONFORMING USE
Shall mean a use of a building or of land that does not conform to the regulations of the zone in which it is located but which use was in all respects lawful when it was begun.
NONTOWER WIRELESS COMMUNICATIONS FACILITY
All non-tower wireless communications facilities, including, but not limited to, antennae and related equipment.
[Added 5-9-2018 by Ord. No. 2018-08]
OCCUPANCY PERMIT
Shall mean a permit secured by the purchaser of a dwelling unit prior to closing of title from the Tax Collector which permit would indicate the type of use for which the dwelling may be legally utilized.
PARKING SPACE
Shall mean an off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area nine feet wide and 20 feet long.
PLOT
Shall mean one or more adjoining lots under one ownership.
PLOT AREA
Shall mean the total area within the boundary lines of a plot.
PLOT DEPTH
Shall mean the mean distance between the front line and the rear lot line.
PLOT WIDTH
Shall mean the lot width shall be determined by measurement across the rear line of the front yard. When the side lot lines converge toward the street line, the distance between the side lot lines at their points of intersection with the street line measured along the street line shall not be less than 80% of the required minimum lot width. In the case of lots on the turning circle of a cul-de-sac or at points of street curvature where the radius of the right-of-way line of the street (or of a circle approximately following the right-of-way line and intersecting the foremost points of the side lot lines) is less than 90 feet, the 80% requirement shall not be less than 20 feet.
POINT OF SALE SIGN
Shall mean a sign displayed on the premises occupied by an individual business, service or commercial enterprise to apprise the public of the location of the premises and the nature of the products or services offered thereon.
PREEXISTING WIRELESS SUPPORT STRUCTURES
Any tower, antenna, and/or other wireless communications support structure that has a construction permit or land use approval prior to the effective date of this section and including, but not limited to, any tower, antenna, and/or wireless communications support structure on property owned, leased, or otherwise controlled by Borough.
[Added 5-9-2018 by Ord. No. 2018-08]
PROFESSIONAL OFFICE
Shall mean the office of a member of the following recognized professions only: accountants, architects, chiropractors, dentists, land surveyors, lawyers, medical doctors, ministers, optometrists, osteopathic physicians, professional engineers, psychiatrists.
PUBLIC UTILITY
Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or landline telephone service to the general public. The term "public utility," however, shall not mean, for purposes of this chapter, wireless communications providers and wireless facility developers.
[Added 5-9-2018 by Ord. No. 2018-08]
REAR YARD
Shall mean a yard across the full width of the plot extending from the rear wall of the building to the rear line of the plot.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property in the Borough in which the Borough, County of Ocean, and/or State of New Jersey has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area, or property under the control of the Borough, County of Ocean, and/or State of New Jersey, and any unrestricted public or utility easements established, dedicated, platted, improved, or devoted for utility purposes, but excluding lands relating to other than streets that are owned by the Borough, County of Ocean, and/or State of New Jersey. The phrase "in the right(s)-of-way" means in, on, over, along, above, and/or under the right(s)-of-way.
[Added 5-9-2018 by Ord. No. 2018-08]
ROOMING HOUSE
Shall mean a building in which not more than five rooms are used, or intended to be used, for the lodging of guests for compensation, without meals.
SANDWICH BOARD SIGN
A freestanding temporary sign, with no moving parts or lights, no larger than six square feet total sign size; displayed outside a business, during business hours, to advertise the business, hours of operation, an event, a promotion, etc., (excluding real estate signage). It is not intended as permanent business sign. Signs may not be anchored to the sidewalk, or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances.
[Added 5-9-2018 by Ord. No. 2018-09]
SATELLITE DISH
Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite, or similar electronic signals.
[Added 5-9-2018 by Ord. No. 2018-08]
SIDE YARD
Shall mean a yard between the building and the adjacent side lines of the lot extending from the front yard to the rear yard.
SIGN
Shall mean a publicly displayed board, placard, or structure, lighted or unlighted, including banners and flags, bearing information by word or picture which is in the nature of identification, announcement, direction, or advertisement.
SIGN AREA
Shall mean the area included within the frame or edge of the sign exclusive of the structure to support it properly, trim and framing device and any appurtenances required by building codes. Where the sign has no such frame or edge, the area shall be defined by an enclosed four sided geometric shape which most closely outlines such sign.
SINGLE DETACHED ONE-FAMILY DWELLING
Shall mean a separate building designed for and occupied by only one family as a residence.
SPECIAL EVENT SIGNS
Signs advertising special events that are erected for a relatively short period of time, which period shall be terminated upon the conclusion of the event taking place.
[Added 5-9-2018 by Ord. No. 2018-09]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, antennae, and other related facilities which render them more visually appealing, or blend the proposed facilities into the existing structure or visual backdrop in such a manner as to render them minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae paint to match the existing structure, and facilities constructed to resemble trees, shrubs, flag poles, utility poles, and light poles.
[Added 5-9-2018 by Ord. No. 2018-08]
STORY
Shall mean that portion of a building included between the surface of any floor, and the surface of the floor next above it, or if there be no floor above it, the space between such floor and the ceiling next above it.
STREET
Shall mean a portion of land dedicated to public use for vehicular and pedestrian travel. (The width of the street includes sidewalks.)
STREET LINE
Shall mean the dividing line between the plot or lot and the street.
STRUCTURE
Shall mean anything built, constructed or erected which requires location on the ground. However, pools shall not be considered structures or fire pits that are less than 24 inches in height as measured from the ground and occupy an area of not more than 64 square feet.
[Amended 10-12-2018 by Ord. No. 2018-14]
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimension of a wireless communications support structure and/or base station if it meets any of the following criteria.
[Added 5-9-2018 by Ord. No. 2018-08]
a. 
Increase in height. An increase in the height of a wireless communications support structure constitutes a substantial change A) for structures outside public rights-of-way, if the proposed increase in height is more than 20 feet or 10%, whichever is greater; and B) for structures in rights-of-way, the proposed increase in height is more than 10% or 10 feet, whichever is greater.
b. 
Increase in width. An increase in the width of a tower constitutes a substantial change A) for towers outside public rights-of-way, if the increase protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the new appurtenance, whichever is greater; and B) for towers in rights-of-way and for all base stations, if the increase protrudes from the edge of the structure more than six feet.
c. 
Increase in equipment cabinets. The addition of equipment cabinets constitutes a substantial change if it involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets, whichever is less.
d. 
Excavation or deployment outside current site. Excavation or deployment of equipment outside the current site of the tower or base station constitutes a substantial change when required for a proposed co-location.
e. 
Defeat of existing concealment elements. If existing concealment elements of the tower or base station would be defeated by the proposed co-location, the proposed co-location constitutes a substantial change. For example, if the proposed co-location would result in an extension of a camouflaged tree tower which would result in the tower no longer looking like a tree, the proposed co-location would constitute a substantial change of the tree tower.
f. 
Failure to comply with prior conditions. A substantial change occurs if the proposed co-location fails to comply with conditions associated with the prior approval of the tower or base station, unless such noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds described above.
TAKE-OUT WINDOW
Shall mean an opening in the main or principal building of a retail food establishment used to receive and dispense take-out food orders.
TEMPORARY SIGN
A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
[Added 5-9-2018 by Ord. No. 2018-09]
THROUGH PLOT
Shall mean an interior plot or lot, the front line and rear line of which abut a street.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. The term shall also include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, monopoles, and the like. The term includes the structure of the tower along with any support thereto.
[Added 5-9-2018 by Ord. No. 2018-08]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY
Any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers, and monopoles. DAS hub facilities are considered to be tower-based wireless communications facilities.
[Added 5-9-2018 by Ord. No. 2018-08]
UTILITY POLE
Any telephone pole, public utility pole, electric pole, or any other pole providing for the maintenance of wires for the distribution of electricity, telephone signals, telegraph signals, and/or television signals.
[Added 5-9-2018 by Ord. No. 2018-08]
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 5-9-2018 by Ord. No. 2018-08]
WIRELESS COMMUNICATIONS AND COMMUNICATIONS SERVICE
Any personal wireless services as defined in the Telecommunications Act of 1996 ("TCA"), which includes FCC licensed commercial wireless telecommunications services, including, but not limited to, all FCC-licensed blackhaul network and other wireless services, broadcast, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services that exist or that may be developed in the future.
[Added 5-9-2018 by Ord. No. 2018-08]
WIRELESS COMMUNICATIONS EQUIPMENT
The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cabling, and coaxial and fiber optic cable, but excluding wireless communications support structures.
[Added 5-9-2018 by Ord. No. 2018-08]
WIRELESS COMMUNICATIONS FACILITY
The antennae, nodes, DAS, control boxes, towers, poles, conduits, ducts, pedestals, electronics, base station, small cell system, tower, wireless communications support structure, and other equipment used for the purposes of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Added 5-9-2018 by Ord. No. 2018-08]
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
A structure that is designed to support, or is capable of supporting, wireless communications facilities and equipment, including, but not limited to, a tower, water tower, or utility pole.
[Added 5-9-2018 by Ord. No. 2018-08]
YARD
Shall mean an open, unoccupied space on the same plot with a building, open and unobstructed from the ground to the sky, except as otherwise provided herein.
[Ord. No. 72-7 § 4A; Ord. No. 02-01 §§ 1, 2]
The Borough is hereby divided into four zones as hereinafter described and as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter.
a. 
B — Business Zone. The Business Zone shall comprise the area on both sides of Long Beach Boulevard to a depth of 100 feet from the street lines of the Boulevard between the center line of South Third Street and the centerline of Twenty-Fifth Street, except in Blocks 17, 18, 24 and 25, in which four blocks the depth of the Business Zone shall be 130 feet northwest of the northwest street line of the Boulevard, as shown on the zone map.
b. 
RA — Residential Zone. The RA Residential Zone shall comprise all lands in the Borough not located in the Business Zone or the RAA Residential Zone.
c. 
RAA — Residential Zone. The RAA Residential Zone shall comprise all those lands situated within the Borough lying west of Shore Avenue as shown on the Map No. 3 of the lands of Long Beach City Land Company filed in the Ocean County Clerk's Office on November 21, 1887 as Map No. C-255 and File Map No. H-55, the lands being commonly known as "Lazy Point."
d. 
MC — Municipal Complex Zone. The MC Municipal Complex Zone shall comprise all lands situated in Block 25, except for Lot 1.
[Ord. No. 72-7 § 4B]
The official zoning map shall be identified by the signature of the Mayor, attested by the Borough Clerk and bearing the seal of the Borough under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 4 of the Ordinance No. 72-7, of the Borough of Surf City, New Jersey", together with the date of the adoption of this chapter.
If, in accordance with the provisions of this chapter and N.J.S.A. 40:55-30, et seq., changes are made in zones and boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the Mayor and Council, together with an entry on the official zoning map as follows: "On (date), by official action of the Mayor and Council, the following change(s) were made in the Official Zoning Map: (brief description of nature of change)", which entry shall be signed by the Mayor and attested by the Borough Clerk.
No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided under § 30-16 of this chapter.
Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the Borough Clerk (or other place easily accessible to the public) and shall be the final authority as to the current district delineation of land and water areas, buildings, and other structures in the Borough subject to changes by amendment not yet entered thereon.
[Ord. No. 72-7 § 4C]
In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of minor changes and additions, a new official zoning map which shall supersede the prior official zoning map may be prepared at the direction of the Borough Clerk and duly authenticated. The new official zoning map may correct minor drafting or other minor errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. Any major change in the official Zoning Map originally adopted by the Borough by ordinance shall be effectuated by an amendment to that ordinance. The new official zoning map shall be identified by the signature of the Mayor, attested by the Borough Clerk and bear the seal of the Borough under the following words: "This is to certify that the official zoning map, (date), supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 72-7 of the Borough of Surf City, New Jersey."
[Ord. No. 72-7 § 5A]
Any lot created for commercial use in the Business Zone shall have a minimum area of 5,000 square feet and a minimum frontage of 50 feet.
[Ord. No. 72-7 § 5B; Ord. No. 79-3 § 1; Ord. No. 03-17 § I]
a. 
All uses and buildings permitted in any residential zone, provided that any plot used solely for residential purposes or combined commercial-residential use shall comply with the area, yard and all other requirements of the RA Residential Zone.
b. 
Retail stores and service facilities which supply commodities and services which are limited to the following:
1. 
Antique shops.
2. 
Bakeries.
3. 
Banks.
4. 
Barber shops.
5. 
Beauty parlors.
6. 
Clothing stores.
7. 
Delicatessens.
8. 
Drug stores.
9. 
Dry cleaners.
10. 
Electrical appliance and supplies stores.
11. 
Furniture stores.
12. 
Gift shops.
13. 
Grocery stores.
14. 
Haberdasheries.
15. 
Hardware stores.
16. 
Luncheonettes.
17. 
Meat markets.
18. 
Office buildings.
19. 
Pet shops.
20. 
Real estate offices.
21. 
Restaurants.
22. 
Sport and fishing equipment stores.
23. 
Supermarkets.
24. 
Variety stores.
25. 
Parking lots, Borough or privately owned and operated.
26. 
Building and plumbing supplies stores with yards for material and equipment.
27. 
Liquor stores and bar rooms, licensed.
28. 
Fitness facility.
[Added 12-11-2019 by Ord. No. 2019-17]
29. 
Technology sales, supplies and service.
[Added 12-11-2019 by Ord. No. 2019-17]
c. 
Automobile service stations and public garages are permitted provided the following standards and conditions are complied with:
1. 
A set of plans, specifications and plot plans shall be submitted to the appropriate approving authority together with an application for a conditional use permit in accordance with the provisions of the land use procedure chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. as amended and supplemented. The approving authority shall grant or deny the application for a conditional use permit in accordance with the provision of this chapter, the land use procedure chapter, and the Municipal Land Use Law.
2. 
No service station shall be located within 200 feet of a school, hospital, church, museum, public library or institution, nursing home, theater, club or place or public assembly having a capacity of more than 100 persons.
3. 
No new service station may be constructed on a parcel of land where any part of that parcel is closer than 1,500 feet to any pre-existing service station.
4. 
Dismantled or damaged vehicles, automobile parts, and similar articles are to be stored within a building, except that such an article may temporarily be stored outside on the premises for a period not to exceed 30 days.
5. 
A solid fence not less than six feet in height shall be erected and maintained along the entire length of side and rear property lines.
d. 
Combined residential and commercial use. No individual building lot in the Business Zone shall be used for more than one commercial establishment and one living unit.
e. 
Any proposed additions or new construction with regard to building in this zone shall be accompanied with a set of plans and specifications scaled by an architect or professional engineer licensed by the State of New Jersey. Whether temporary or permanent, any building or storage shed separate from the main building shall comply with the existing Building Code.
f. 
Seating.
[12-10-2003 by Ord. No. 03-17; amended 9-12-2018 by Ord. No. 2018-13; 3-13-2019 by Ord. No. 2019-06]
1. 
All approved restaurants and food service establishments shall be entitled to the following, subject to the enumerated restrictions:
(a) 
Two tables or a counter with no more than eight seats or stools located on the inside or the outside of the business.
(b) 
Outdoor tables and chairs which shall not exceed 15% of the previously approved indoor seating with a maximum of six tables with 24 seats and a minimum of two tables with no more than eight chairs.
(1) 
The following conditions shall apply to the permitted outdoor seating:
(i) 
All use of outdoor seating shall cease by 10:00 p.m. unless otherwise fixed by resolution.
(ii) 
Outdoor seating shall only be permitted in the Business Zone.
(iii) 
Outdoor seating shall be located entirely within the property boundary lines and shall not impede ingress, egress or parking. Tables and chairs shall be secured while the business is closed or during times of inclement weather.
2. 
Any business establishment wishing to utilize the provisions of this section shall be required to apply for an annual license on an application provided by the Municipal Zoning Official subject to the following conditions:
(a) 
Said application shall be submitted no later than April 30 of each year and shall include a $50 fee, a survey and photograph showing the proposed location of the seating. The survey shall not be more than two years old or more than two years old but less than five years old unless accompanied by a Survey Affidavit of No Change.
(b) 
Upon review as to compliance with the terms of this section, a license will be issued for a period of one year.
(c) 
An application hereunder shall be denied if the business has been found to be in violation of any provisions herein during the previous year.
Under no circumstances shall any seats in combination with tables, which may currently be in place, be considered to be grand fathered unless same have been given appropriate Land Use Board approval prior the introduction of this subsection.
Outside seating utilized for customer waiting only may be permitted provided said seats are not used in conjunction with any type of table and are located entirely within the property lines and do not impede ingress, egress or parking.
Freestanding umbrellas may be utilized with permitted outside tables provided the umbrellas are freestanding, securely anchored and are no larger in diameter then the table to which the umbrella is utilized. No umbrella shall encroach in any walkways or create a safety hazard. All umbrellas shall be closed and secured while the business is closed or during times of inclement weather.
[Ord. No. 72-7 § 5C]
a. 
Any uses or buildings not listed in Subsection 30-5.2 above.
b. 
A duplex (two living units) on any lot less than 10,000 square feet.
[Ord. No. 72-7 § 5D]
a. 
The enclosed ground floor of any building in this zone shall not be less than 720 square feet.
b. 
The length of the building wall adjacent to any street shall not be less than 20 feet.
c. 
No building in this zone shall exceed 35 feet in height above the established basic street grade.
d. 
Combination commercial and residential use. In addition to the area of 720 square feet used for the purpose of commercial use, there shall be a minimum of 720 square feet devoted to residential use.
[Ord. No. 72-7 § 5E]
a. 
The minimum depth of the front yard shall be 10 feet.
b. 
Side Yard. Commercial buildings are permitted to be built upon the property line providing a firewall is erected thereon; otherwise, the side yard shall be a minimum of five feet from the property line.
c. 
A side yard abutting a street shall not be less in width (or depth) than the width (or depth) of the front yard required on the adjoining lot on that street.
d. 
When the rear lot line abuts either a residential lot or a street 20 feet or less in width, a rear yard with a minimum depth of five feet is required.
[Ord. No. 72-7 § 5F]
There shall be provided at the time of erection or enlargement of any principal building or structure minimum off-street parking space with adequate provision for ingress and egress as follows:
a. 
Churches, meeting halls, school auditoriums and similar places of public assembly, one parking space for each 10 units of seating capacity.
b. 
Commercial building, except office buildings and restaurants, two parking spaces for each 600 square feet of floor space, and in addition, one parking space for each person employed.
c. 
Office buildings, two parking spaces for each office suite, and in addition, one parking space for each person employed.
d. 
Restaurants, one parking space for each five seats, and in addition, one parking space for each person employed.
e. 
Combination commercial-residential use, parking spaces shall be available according to the requirement for the particular commercial use plus two additional parking spaces for the living unit.[1]
[1]
Editor's Note: Former Subsection f, allowing parking spaces in lots within 300 feet of the building to partially fulfill this requirement, was repealed 12-11-2019 by Ord. No. 2019-17.
f. 
Parking spaces available in municipally or privately operated parking lots within 300 feet of the building may be considered in partial fulfillment of this requirement.
[Ord. No. 2005-05 § 2]
Take-out windows are permitted in the Business Zone in accordance with the following:
a. 
Take-out windows shall not exceed four feet in height and six feet in width for a total area of 24 square feet.
b. 
There shall not be more than one take-out window for each main or principal building.
c. 
A take-out window on a front or side yard abutting a street shall have a minimum depth of 10 feet from the building line to the street. Take-out windows shall not be permitted abutting the rear yard.
d. 
Take-out windows shall not be permitted on any side or rear yard abutting property in the Residential Zone.
[Ord. No. 72-7 § 6A]
Any plot created for residential use in the RA Residential Zone shall have a minimum area of 5,000 square feet and minimum frontage of 50 feet.
[Ord. No. 72-7 § 6B; Ord. No. 79-7; Ord. No. 98-6 § I; Ord. No. 98-12 §§ I — III]
a. 
Single family dwellings.
b. 
Two-family detached duplex dwellings, provided the plot on which the duplex dwelling is erected has a minimum area of 10,000 square feet of upland ground with a minimum frontage of 100 feet.
c. 
Public parks and public playgrounds.
d. 
Municipally owned and operated public utilities.
e. 
Home occupations as defined in § 30-3 of this chapter.
f. 
Professional and home offices only when in single-family dwellings as defined in § 30-3 of this chapter.
g. 
Accessory Uses and Buildings.
1. 
Garage or group of garages for not more than three vehicles.
2. 
Greenhouse.
3. 
Garage apartment, when built in conjunction with single-family dwellings and providing its ground floor area does not exceed 75% of the ground floor area of the main building on the plot, and further providing that the plot on which it is erected has a minimum area of 10,000 square feet and a minimum frontage of 100 feet.
h. 
Marinas shall be permitted as a conditional use.
1. 
Application Procedure. No zoning and/or construction permit or Certificate of Occupancy shall be issued for a conditional use as permitted by N.J.S.A. 40:55D-1 et seq., and the Revised General Ordinances of the Borough of Surf City, until approval by the Planning Board. An application for a conditional use shall be reviewed by the Planning Board professionals for a determination of completeness. No application for a conditional use shall be listed for a public hearing until the Planning Board and/or the Board's professionals have deemed the application complete.
A set of plans and specifications showing all structures, wharfs, berth layout, fuel storage and dispensing system and any and all outside storage or display of any items for any purposes, as set forth in Subsection g as referenced below, and parking areas shall be submitted to the Planning Board with an application for a conditional use permit.
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The Board shall follow the procedures outlined for review in the Revised General Ordinances of the Borough of Surf City and N.J.S.A. 40:55D-1 et seq.
Public notice and a public hearing shall be required. Notification of all property owners within 200 feet of the proposed site shall be notified by the applicant by mail. Applicants shall effectuate notice pursuant to the Municipal Land Use Law. (N.J.S.A. 40:55D-12)
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities, and building and structure location(s) and orientation(s), and any and all outside storage or display of any items for any purposes, as set forth in Subsection g as referenced below. Conditional uses shall completely comply with the special requirements listed below.
2. 
Special Requirements for Marinas.
(a) 
The lot for such purpose shall have not less than 200 feet measured continuously along and abutting the waterline in a straight line.
(b) 
Any portion of the lot utilized in conjunction with the marina use, including parking, shall not extend more than 200 feet measured perpendicular to the straight line established under Subsection a2(a).
(c) 
Off-street parking shall be provided at a rate of 1 1/2 spaces for every dock space berth. Additionally, one space for every two persons based upon U.S. Coast Guard approved capacity of the following vessels. Commercial party boats, commercial head boats, commercial fishing vessels, commercial sport fishing vessels, commercial dinner boats, commercial site seeing vessels, commercial tour vessels and all other similar vessels.
(d) 
All fuel storage and dispensing shall be registered and approved by N.J.D.E.P. and proper certifications shall be provided.
(e) 
Marina shall be provided with a N.J.D.E.P. approved vessel waste pump-out facility.
(f) 
All marinas shall be provided with restroom facilities according to the following schedule:
(i) 
For a small marina (up to 40 boats):
[a] 
Men: One toilet stall, one urinal and one washbasin.
[b] 
Women: Two toilet stalls and one washbasin.
(ii) 
For a small "quality" or medium marina (40 to 80 boats):
[a] 
Men: One urinal, one toilet stall, one washbasin and one shower stall.
[b] 
Women: Two toilet stalls, one washbasin and one shower stall.
(iii) 
For a large marina (over 80 boats):
[a] 
Add:
[1] 
One urinal per 30 boats (men);
[2] 
One toilet stall per 60 boats (men);
[3] 
One toilet stall per 30 boats (women);
[4] 
One washbasin per 30 boats (men and women);
[5] 
One shower stall per 60 boats (men and women);
(iv) 
All restroom facilities shall comply with the Americans with Disabilities Act.
(g) 
Any and all outside storage or display of any items for any purposes, including, but not limited to, any items for sale, rent, display or customer storage, including, but not limited to, boats, vessels, jet skis, kayaks, sail boats, whether motorized or self propelled, shall be limited to 12 feet high above the grade of the adjacent ground. In addition, no outside storage or display for any purpose shall be located any closer than 12 feet to any property line.
3. 
Definitions.
(a) 
MARINA – Shall mean a waterfront facility used for the dockage (wet or dry) or moorage of vessels for which any fee is charged including but not limited to dockage or moorage fees.
A waterfront facility used for the dockage (wet or dry) or moorage of vessels that offers the sales of goods (including fuel) and services related to marine activities and marinas, including but not limited to, the sales, rental and/or service of vessels, engines, vessel supplies and fishing equipment, whether or not any fee is charged for dockage or moorage.
(b) 
VESSELS – Shall mean a craft used or capable of being used, in navigation on water including, but not limited to, commercial and noncommercial, ships, boats, vessels, jet skis, kayaks, sail boats/ships, whether motorized, wind-driven or self-propelled.
i. 
Off-street parking in conjunction with the operation of a contiguous commercial use shall be reviewed by the Borough Planning Board under guidelines established by the Master Plan update adopted by the Borough. The applicant for such off-street commercial parking shall submit a site plan to the Planning Board for their review with recommendations made to the Borough Council prior to the issuance of a permit authorizing such off-street parking. The Council shall have the final responsibility by the adoption of a resolution pertaining to the issuance of such a permit. The Council, within its discretion, may accept, reject, or modify such recommendations as made by the Planning Board to the Council.
j. 
Prior to the issuance of a building permit for any structure requiring a minimum area of 10,000 square feet and a minimum frontage of 100 feet, the owner thereof shall execute and deliver a notarized affidavit declaring the parcel to be one buildable lot unless the parcel has previously been subdivided as a single parcel. The affidavit shall be filed in the office of the Construction Official and shall become a part of the permanent records of the Borough.
[Ord. No. 72-7 § 6C]
a. 
Any uses and buildings not listed in Subsection 30-6.2 above.
b. 
Boarding and rooming houses are specifically prohibited in this zone.
[Ord. No. 72-7 § 6D; Ord. No. 79-6; Ord. No. 90-16 § 1; Ord. No. 2007-5 § I; Ord. No. 2017-02; Ord. No. 2017-08]
a. 
The enclosed ground floor area of any main building in this zone shall be not less than 720 square feet with a minimum measurement of 20 feet adjacent to any street.
b. 
The maximum height of the main building shall be no more than 33 feet above the elevation of the crown of the road upon which the lot faces; provided however, buildings on lots which are crossed by the oceanfront building line shall not exceed 34 feet in height from an elevation determined by striking a line, perpendicular to the building line, at the elevation thereof and running to the lot elevation at the setback line at the opposite side of the lot from the building line. The thirty-four-foot height limitation is to be measured from the elevation established at the midpoint in the line so struck between the building line and the opposite side setback line. Chimneys may exceed the height limitations herein established.
c. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection c, limiting the elevation of the underside of first-floor joists, was repealed 12-11-2019 by Ord. No. 2019-17.
d. 
The maximum height of any accessory building in this zone shall be one story on 15 feet at the center peak. The roof shall be a continuous slope with no interruptions or dormers. The side walls shall not exceed 10 feet above the established basic street grade.
e. 
All buildings, including accessory buildings, shall not cover more than 35% of the area of the plot on which they are erected.
f. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection f, regarding minimum square footage for rooms for sleeping purposes, was repealed 12-11-2019 by Ord. No. 2019-17.
g. 
The following may exceed the height limitations herein established: Chimneys, railings and temporary decorative ornaments, including, but not limited to weather vanes.
[Ord. No. 72-7 § 6E]
a. 
On each plot in this zone, the following front, side and rear yards shall be established at the time of the erection of any main building.
1. 
A front yard with a minimum depth of 10 feet.
2. 
Side yards with minimum widths of five feet on one side of the main building and 10 feet on the other side.
3. 
A rear yard with a minimum depth of five feet.
4. 
On a corner plot the yards adjacent to the intersecting streets shall not be less in width (or depth) than the depth of the front yards required on those streets.
b. 
No accessory buildings shall be erected or altered so as to encroach upon the front, side or rear yards required by this chapter, except that a detached garage used solely for garage purposes and erected five feet from the rear line of the plot, may if necessary for accessibility, encroach on a side yard, but may not reduce the width of the side yard to less than five feet.
c. 
A chimney or fireplace may project not more than 21 inches into the required five-foot yard only.
d. 
Ornamental uncovered entrance steps and platform, may extend into the front yard five feet but not exceed 25 square feet in area.
[Ord. No. 72-7 § 6F]
There shall be provided at the time of erection or enlargement of any principal building or structure minimum off-street parking space with adequate provision for ingress and egress as follows:
a. 
Two parking spaces for each dwelling unit on the plot.
b. 
Churches and clubhouses, one parking space for each 10 units of actual or potential seating capacity.
c. 
Professional offices of chiropractors, dentists, medical and osteopathic physicians and optometrists, in addition to those required by Subsection a above, three parking spaces plus one for each employee.
d. 
Professional offices other than those listed in Subsection c above, in addition to those required by Subsection a above, one parking space for each employee.
e. 
Marinas, one parking space for each boat berth and mooring. Shore area utilized for dry winter storage may, if adequate and accessible, be considered as parking area when boats are not stored thereon.
[Ord. No. 72-7 § 7A; Ord. No. 95-2]
Any plot created for residential use in the RAA Residential Zone shall have a minimum area of 6,000 square feet and a minimum width of 55 feet.
a. 
There shall be no further subdivision, reconfiguration, or relocation of lot line boundaries, of any lots in the RAA Zone that are known and designated on a map entitled "Final Map of Lazy Point in the Borough of Surf City, Ocean County, New Jersey, dated February, 1969", prepared by Fernandez, Jorlett, Kief and Tracey, and filed in the Ocean County Clerk's Office on April 30, 1970, as Map #H-55" notwithstanding the fact that such a subdivision, reconfiguration or relocation of lot line boundaries may comply with the required minimum lot area and frontage requirements of this chapter.
[Ord. No. 72-7 § 7B; Ord. No. 95-2]
a. 
Single detached one-family dwellings.
b. 
Accessory uses and buildings permitted.
1. 
Garage or group of garages for not more than three vehicles.
2. 
Greenhouses.
3. 
Uses, buildings and structures normally incidental to those listed in Subsection a above, subject to all deed restrictions of record.
[Ord. No. 72-7 § 7C]
Any uses and buildings not listed in Subsection 30-7.2 of this section.
[Ord. No. 72-7 § 7D; Ord. No. 78-11; Ord. No. 2017-02; Ord. No. 2017-08]
a. 
The enclosed ground floor area of any main building in this zone shall be not less than 900 square feet, exclusive of open or covered porches or patios.
b. 
The maximum height of the main building shall be no more than 29 feet above the established basic street grade, and shall not exceed 2 1/2 stories. However, in the event such building is constructed on pilings, which are 10 feet above mean sea level as required in the Flood Insurance Ordinance of this Borough, the height of the main building shall be no greater than 33 feet.
c. 
The maximum height of any accessory building in this zone shall be one story or 15 feet at the center peak with side walls not to exceed 10 feet above the established basic street grade.
d. 
The combined total ground floor area of all structure(s) on the plot shall not exceed 35% of the area of the plot.
[Amended 12-11-2019 by Ord. No. 2019-17]
e. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection e, regarding minimum square footage for rooms for sleeping purposes, was repealed 12-11-2019 by Ord. No. 2019-17.
f. 
The following may exceed the height limitations herein established: Chimneys, railings and temporary decorative ornaments, including, but not limited to weather vanes.
[Ord. No. 72-7 § 7E]
a. 
On each plot in this zone, the following front, side, and rear yards shall be established at the time of the erection of any main building:
1. 
A front yard with a minimum depth of 20 feet. When the street line is curved, the rear line of the front yard shall follow the curvature of the street, and no part of the building shall be closer than 20 feet to the street line at any point, except as hereinafter provided.
2. 
Side yards with minimum widths eight feet on one side and 12 feet on the other.
3. 
A rear yard with a minimum depth of 10 feet.
4. 
On a corner plot, the yards adjacent to the intersecting streets shall not be less in width (or depth) than the depth of the front yards required on those streets.
b. 
No accessory building shall be erected or altered so as to encroach upon the front side or rear yards except that a detached garage used solely for garage purposes and erected in the rear of the plot may, if necessary for accessibility, encroach on a rear or side yard, but may not reduce the width of either the rear or side yards to be less than five feet.
c. 
A chimney or fireplace may project not more than 21 inches into any yard.
d. 
Ornamental uncovered entrance steps and platform together not exceeding five feet by five feet or 25 square feet, may extend into the front yard only.
[Ord. No. 72-7 § 7F]
There shall be provided at the time of erection or enlargement of any principal building or structure minimum off-street parking space with adequate provision for ingress and egress as follows:
a. 
Two parking spaces for each dwelling unit.
b. 
Professional offices of chiropractors, dentists, medical and osteopathic physicians and optometrists, in addition to those required by Subsection a above, three parking spaces plus one for each employee.
c. 
Professional offices other than those listed in Subsection b above, in addition to those required by Subsection a above, one parking space for each employee.
[Ord. No. 02-01 § 3]
The MC Zone has been created to contain municipal buildings and uses including, but not limited to, municipal governmental offices and buildings; Police, Fire, and other emergency services; public schools and training facilities; housing for municipal employees and/or equipment; and communications equipment, facilities, towers and antennas.
[Ord. No. 72-7 § 8A; Ord. No. 79-5]
a. 
Definition. An ocean front lot or plot is one abutting the upland boundary line of the beach-dune area as defined in Subsection 20-3.2 of Chapter 20 of this Revision.
b. 
Regulations. Any buildings constructed on an ocean front plot shall comply with the following conditions and regulations:
1. 
Chapter 20, § 20-3 (Beach and Dune Regulations) of this Revision.
2. 
An ocean front plot is deemed to front upon the beach and dune area, and no front yard is required.
3. 
When the rear of an ocean front lot abuts an existing approved street, a rear yard of 10 feet in depth, measured from the east line of the street, shall be provided.
4. 
When the rear line of an ocean front lot coincides and abuts a public or private right-of-way, access road, easement or adjoining lot, the rear yard of an ocean front lot shall be five feet in depth.
5. 
In all other respects, the regulations, requirements, and conditions of the RA Residential Zone shall apply.
[Ord. No. 72-7 § 8B]
a. 
Definition. A bay front lot or plot is one having one or more property lines, excluding the boundaries of a riparian grant, extending to or coinciding with an existing bulkhead, an established bulkhead line or the high water line on the shores of Manahawkin Bay.
b. 
Regulations. All buildings constructed on a bay front lot in the RA or RAA Residential Zones shall comply with the following regulations and conditions.
1. 
In the RA Residential Zone only, a bay front lot is deemed to front upon the bay, and no front yard is required except as outlined in Subsection b4 below.
2. 
In the RAA Residential Zone only, a bay front lot adjoining a street is deemed to front upon the street and shall have a front yard 20 feet in depth.
3. 
In the RA Residential Zone, when the rear of a bay front lot abuts a street, a public or private right of way, access road or easement, a rear yard 10 feet in depth not including the width of the street, right of way, access road or easement, shall be provided.
4. 
In any zone, no building shall be erected within 20 feet of an existing bulkhead. Those structures that were in existence prior to August 11, 1972, shall be permitted to be altered, repaired or replaced but not enlarged so that the building enlargement would come any closer to the bulkhead than existed prior to the enlargement.
5. 
In all other respects, the regulations, requirements and conditions of the zone in which the plot is located shall apply.
[Ord. No. 72-7 § 9A; Ord. No. 2016-05]
As used in this section:
FENCE
Shall mean any freestanding structure not exceeding eight inches in width and of any height in accordance with Subsection 30-9.2, constructed of wood, metal, masonry, or plastic and erected on a plot within six inches of the property lines, or elsewhere on a plot for sundry specific purposes.
REAR LINES OF OCEAN AND BAY FRONT LOTS
Shall mean as indicated in § 30-8 of this chapter.
[Ord. No. 72-7 § 9B; Ord. No. 84-11]
a. 
In the RA and RAA Residential Zones, fences may be erected as described in the following:
1. 
A fence of any type not over four feet in height along any property line, or elsewhere on the plot.
2. 
A chain link fence not exceeding eight feet in height may be used to enclose the yard of a school, playground, park or a plot occupied by a municipally owned and operated public utility or other facility.
3. 
A chain link fence not exceeding 14 feet in height may be used to surround, in whole or in part, a tennis or handball court.
4. 
Trees, shrubs and other plants are permitted in required yards, provided they do not produce a hedge exceeding the heights permitted in Subsection a1 above.
5. 
A solid screening fence not exceeding eight feet in height may be erected along the boundary line between any RA or RAA Residential Zone and any Business Zone.
b. 
In the Business Zone, fences may be erected as described in the following:
1. 
Fences of the types and heights and in the locations permitted in the RA and RAA Residential Zones.
2. 
A solid screening fence not exceeding eight feet in height may be erected along the rear boundary.
3. 
A chain link fence not exceeding eight feet in height may be erected surrounding any yard in which building or plumbing materials or equipment is stored.
[Ord. No. 72-7 § 9C]
a. 
Fences other than those permitted by Subsection 30-9.2 above are prohibited.
b. 
On corner plots in all zones, shrubs or trees planted at or near the corner formed by the intersecting street line shall not, by height or other characteristic, obstruct visibility of traffic on the intersecting streets.
[Ord. No. 72-7 § 9D; Ord. No. 90-21 § 1; amended 5-9-2018 by Ord. No. 2018-07]
An application for a permit, accompanied by an application fee of $30, shall be made to the Zoning Officer; and a permit must be obtained prior to the erecting of any fence in any zone.
[Ord. No. 72-7 § 10A; Ord. No. 82-4; Ord. No. 2016-05]
No signs, billboards, advertising structures or similar items are permitted in RA and RAA Residential Zones except as follows:
a. 
Street signs erected by the Borough or County at public or private streets, lanes or drives.
b. 
One lighted or unlighted professional office announcement sign of over one square foot in area for each dwelling containing such office in the RA Residential Zone only.
c. 
One lighted or unlighted sign, permanent announcement or bulletin board not over 20 square feet in area for each church, school, museum or similar public use, plus signs not over four square feet in area to provide directions to specific buildings, entrances and off-street parking area.
d. 
A name plate not over one square foot in area containing only the name of the establishment or its occupant.
e. 
On improved, unimproved or vacant plots, one real estate sign not over 4 1/2 square feet in area, bearing a sale message exhibited thereon by the owner of the plot or by a real estate broker; it being the express intention to permit no more than one such sign to be exhibited on the plot at any time.
[Amended 7-11-2018 by Ord. No. 2018-10]
f. 
Directional signs for public buildings, schools, churches and museums where the foregoing are permitted uses, provided that each such sign shall not be over six square feet in area, and each such use shall have not more than two such signs.
g. 
During the construction, repair or remodeling of a single building one sign may be maintained on the premises by each of the contractors or subcontractors working thereon, provided each sign does not exceed six square feet in area and further provided all signs are removed within 48 hours of the termination of the work or construction as determined by the Construction Official.
h. 
The area of the trim or framing device of any sign shall not exceed 10% of the sign area as defined in § 30-3.
i. 
Lighted signs, where permitted, shall not include exposed bulbs or tubings, or flashing lights.
j. 
A sign bearing a message of political expression which includes, but is not limited to any fair comment of any matter of public interest, political speech or political expression is not included to mean commercial speech tied to commercial uses. The sign shall not exceed 12 square feet in area and no single dimension shall exceed six feet.
k. 
The Ocean County Library shall be permitted any one sign or the total combined areas of two signs not to exceed 40 square feet. Such sign may be unlighted, lighted, illuminated, digital or neon.
No lighted, illuminated, digital or neon sign shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.
No sign shall have flashing lights or exposed high-intensity illumination.
[Ord. No. 72-7 § 10B; Ord. No. 87-14 § 1; Ord. No. 2016-05; amended 5-9-2018 by Ord. No. 2018-09]
No signs, billboards, advertising structures, flags, sandwich boards, banners, or similar items are permitted in the Business Zone, except as follows:
a. 
Those permitted under Subsection 30-10.1 above.
b. 
Separately fabricated lighted or unlighted point of sale signs attached to a building or mounted on a separate support on the premises apart from the building are permitted provided that:
1. 
There shall be on any parcel or use not more than two such signs except an additional illuminated, digital or neon sign, not exceeding 16 square feet.
2. 
The area of any one sign or the total combined areas of all signs shall not exceed 48 square feet.
3. 
The horizontal or vertical dimensions of any one sign, or the horizontal dimensions of two signs when added together, or the vertical dimensions of two signs when added together shall not exceed 12 feet.
4. 
The area of the trim or framing device of any sign shall not exceed 10% of the sign area as defined in § 30-3.
5. 
No sign shall project more than five feet beyond the street line, nor more than six feet beyond the face of the building to which it is attached.
6. 
Illuminated signs shall not contain, have attached thereto, or incorporated therein any flashing lights, nor shall there be any real or simulated motion of the letters, designs, or figures depicted thereon; however, intermittent illumination of a sign is permitted.
7. 
All signs may be unlighted, lighted, illuminated, digital or neon except:
(a) 
No lighted, illuminated, digital or neon sign shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.
(b) 
No sign shall have flashing lights or exposed high-intensity illumination.
c. 
A sign painted upon or mounted on the surface of an exterior wall of a commercial building provided:
1. 
That the area of the sign does not exceed 10% of the area of the building actually devoted to the business described in such sign; however, the area of the sign in any case shall not exceed 300 square feet.
2. 
That no such sign shall exceed five feet in height, except that a sign not more than five feet in width may be not more than 12 feet in height.
3. 
The area of the trim or framing of such sign shall be not more than 20% of the sign area as defined in § 30-3.
4. 
That there shall be not more than one such sign per side or front of the building.
5. 
The sign may be lighted by light sources above or below provided the light sources are concealed.
d. 
A point of sale sign may be erected on any property in the business zone owned by the proprietor of a business in this municipality, although not adjacent to the property on which the business advertised thereon is conducted, provided that the sign conforms with the provisions of this chapter and provided further that such point of sale sign may only be used for the purpose of advertising the proprietor's business.
e. 
Signs identifying or directing persons to a parking area provided by the owner of a business or professional office for the use of customers, clients, or patients may be displayed on the premises in addition to those permitted by the foregoing regulations provided that not more than one directional sign and one identifying sign be used for this purpose, and further providing that neither of such signs exceed six square feet in area.
f. 
Any other provision to the contrary notwithstanding the total area for signs for property utilized as a dual commercial use, shall not exceed the area for signs permitted on property utilized as a commercial and residential use.
g. 
No sign shall be erected, used or maintained which, in any way, simulates official, directional or warning signs erected or maintained by the State of New Jersey, County of Ocean or Borough of Surf City thereof, or by any public utility or similar agency concerned with the protection of the public health or safety.
h. 
Sandwich board, A-frame and chalkboard type signs shall be permitted, but shall be limited to no more than one per business, not to exceed six square feet and shall be further limited to advertising the hours of the business, daily specials or sale of items specifically sold within the business location. Such sign shall not be placed in a location that will block or impede the sidewalk and must be removed each night upon the closing of operations.
i. 
Flags and feather flags shall be limited to one flag for every 25 feet of street frontage and shall not be placed in the right of way or in a location that will block or imped the sidewalk. All such flags and feather flags must be removed each night upon the closing of operations. National flags and flags of political subdivisions shall not be considered flags for the purpose of this section.
j. 
The Borough of Surf City assumes no responsibility or liability for any accident or injury resulting from the placement of any sign, flag, banner, sandwich style board, etc.
k. 
Special event signs may be permitted upon receipt of a permit issued by the Zoning Official to non profit public service organizations such as the Volunteer Fire Department and/or emergency service organization.
[Ord. No. 72-7 § 10C; amended 5-9-2018 by Ord. No. 2018-07; 7-11-2018 by Ord. No. 2018-10]
An application for a permit, accompanied by an application fee of $30, shall be made to the Zoning Officer; and a permit must be obtained prior to the erecting or installation of any sign in the Business Zone, except signs giving only directions to or only identifying parking areas.
[Ord. No. 72-7 § 11A; Ord. No. 88-25 § 1; Ord. No. 2000-10 § I]
a. 
Any portion of any yard required by this chapter may be used for parking of motor vehicles and the storage of watercraft.
b. 
No plot may be used for or occupied by more than two dwellings as defined in § 30-3.
c. 
No plot may be occupied by more than one accessory structure utilized as a shed. In the case where the plot in question is made up in total of more than one lot or such plot has a contiguous plot of the same ownership, then no more than two sheds may be placed thereon. Shed shall not exceed 100 square feet in total size with side walls not to exceed eight feet in height and total height not to exceed 10 feet at peak.
[Ord. No. 72-7 § 11B; Ord. No. 03-03 § I; Ord. No. 03-09 § I]
a. 
Any lot or plot having a minimum forty forty-foot frontage in the residential zones in separate ownership on August 11, 1972, and which has an area or width less than that required in the zone in which it is located may be occupied by a single detached, one-family dwelling provided that:
1. 
The owner of the plot does not own any adjoining lots or adjacent ground.
2. 
The parking spaces and yards required by the zone are provided.
3. 
The area of the main building shall not be less than 600 square feet and the total area of all buildings on the plot shall not exceed 35% of the lot area.
4. 
A plan of the plot drawn by a registered engineer, architect, or surveyor and showing all buildings proposed and or existing, shall be submitted to and may be approved by the Board of Adjustment as a special use permit if the criteria described herein have been fully met.
5. 
Except that if the owner of the substandard lot or plot owns adjacent lots or parcels of land such lots or parcels together with the substandard lot shall be considered as a single plot, and all provisions of this chapter shall apply.
6. 
Platforms not to exceed four feet by eight feet, utilized solely for air-conditioning units, shall not be counted in the calculation of lot coverage and shall encroach not more than four feet into the side yard setback..
[Amended 12-11-2019 by Ord. No. 2019-17]
b. 
Any portion of a lot or plot shall not be counted again as a required yard for another building nor shall it be sold in whole or in part as a parcel or lot separate from the lot or plot of which it is a part.
c. 
In the residential zones, no portion of any lot or plot shall be sold if such sale will reduce the area of such lot or plot to the point where the area of the building thereon will be greater than 35% of the lot area or reduce the width or depth of the yards no less than that required in the zone.
d. 
In the residential zones, the eaves of a main or accessory building may not extend more than 18 inches into a required yard and shall not be considered in the calculation for lot coverage..
[Amended 12-11-2019 by Ord. No. 2019-17]
e. 
In any residential zone, walkways at and cantilevered from the level of the second floor, and having no separate supports or columns extending to the ground, may extend not more than 42 inches into ten-foot wide side yards and front yards only.
f. 
A second story extending beyond the walls of the first story, supported by cantilevered construction and having no separate supports or columns extending to the ground, may extend not more than 36 inches into ten-foot wide side yards and front yards only.
g. 
For the purpose of this chapter, a carport attached to a main or accessory building is considered to be an integral part of that building, and as such may not extend into any required yard. A carport is defined as a roofed structure with or without sidewalls erected for the purpose of sheltering without completely enclosing a motor vehicle.
h. 
An exterior elevator tower may be permitted on all residential buildings. The elevator may only encroach the rear yard setback, not more than six feet from the face of the existing building and not greater than 36 square feet in area, which shall be exempt from lot coverage.
[Added 12-11-2019 by Ord. No. 2019-17]
[Ord. No. 82-8]
No vehicle exceeding four tons in gross weight may be parked on any lot or parcel of land located in any residential zone in the Borough, provided that where such vehicle is actually engaged in the delivery of goods or providing of services to or for any resident actually residing in a structure located on the lot wherein such vehicle may be parked the provisions of this section shall not apply during the actual period when such goods are being delivered or such services are being provided.
[Ord. No. 95-20]
a. 
No new refuse enclosures shall be constructed on or placed upon any property or lands within the Borough except as follows:
1. 
The front wall of the enclosure, defined as being one of the two longest sides in length, shall have a maximum height not to exceed 18 inches from the ground.
(a) 
The front wall may be situated on the property so as to face either parallel or perpendicular to the roadway.
2. 
The remaining walls, rear and side shall be no higher than 36 inches from the ground.
3. 
In any event, the front wall shall be no higher than 18 inches from the ground and the rear and side walls shall be no higher than 36 inches from the ground.
4. 
Refuse enclosures shall have a width large enough to have one can placed inside in an inverted manner and shall have a length of no more than that which is required to have placed inside the proper number of cans in accordance with Borough Ordinance 90-13.
b. 
Existing refuse enclosures shall be modified in the following manner:
1. 
The front wall of the enclosure, defined as being one of the two longest sides in length, shall have a maximum height not to exceed 18 inches from the ground.
2. 
The rear and side walls may remain as originally constructed so long as the front wall is only 18 inches from the ground.
c. 
Refuse enclosure shall be located one foot from the roadway edge and shall be placed on a level surface.
d. 
Refuse enclosures constructed and or placed on lands prior to the introduction of this ordinance must be brought into conformance within nine months from the date of the final adoption and publication according to law.
e. 
A zoning permit must be obtained for said construction or placement from the Zoning Official of the Borough at no cost to the applicant. Renovations to existing enclosures may be done with no permit being required.
f. 
The sketch as drafted by the firm of Henderson and Breen and kept on file in the offices of the Borough may be used as a reference in the construction of a refuse enclosure.
[Added 3-13-2019 by Ord. No. 2019-05]
No person shall authorize or create, kindle, or maintain any open burning or fire unless conducted and permitted and/or approved in accordance with this section.
a. 
Permitted outdoor fires are limited to recreational fires entirely contained within permitted portable fire devices and permanent fire devices, and which may only be lit and maintained with clean firewood, charcoal, manufactured fire logs, propane, and natural gas as permissible fuels. All other fuels, including, but not limited to, brush, leaves, trees, trash, refuse, and treated and wet wood are prohibited.
1. 
All permitted outdoor fires shall be maintained in a manner that ensures any smoke and embers arising therefrom do not interfere with the air quality, peace and quiet enjoyment of neighboring residents.
2. 
With the sole exception of grills and related, permitted cooking devices, all portable fire devices and permanent fire devices shall possess and employ an ember-suppressing lid (stone/masonry devices must have a lid or screen).
3. 
No outdoor fire shall be left unattended and must be extinguished for the night.
b. 
All solid fuel-burning (wood) fire pits, open wood burning, and/or open and unenclosed, and/or contained burning of any kind not in accordance with this section are prohibited.
c. 
No permanent fire device may be constructed, affixed, and/or placed on any lot until a permit therefor has been issued by the Zoning Officer.
1. 
An application shall be submitted to the Zoning Officer accompanied by a survey and a survey affidavit of no change, indicating the type of device and location to be installed. The location of the required fire extinguisher or working garden hose, as per this section, shall be shown on said plan.
2. 
Portable fire devices are authorized and permitted for use without application for a permit from the Zoning Officer but shall comply with location requirements as indicated in this section.
3. 
Portable fire devices shall be a minimum of five feet from any building or accessory structure and a minimum of 10 feet from any lot line, except that such shall be permitted on decks and patios, provided such are a minimum of five feet from any building and 10 feet from any lot line.
4. 
Permanent fire devices shall be a minimum of five feet from any structure or combustible material.
[Amended 12-11-2019 by Ord. No. 2019-17]
5. 
Permanent fire devices shall not exceed three feet in height nor cover an area greater that six feet by six feet.
6. 
No more than one permanent fire device shall be permitted per lot or continuous lots under common ownership.
7. 
Portable and permanent fire devices shall be within the radius of a working garden hose nozzle or a working fire extinguisher shall be stored within 10 feet therefrom.
8. 
Permanent fire devices in compliance with this section shall not be included in lot coverage calculation.
9. 
Permanent fire devices must be constructed from materials that are in accordance with the requirements of the Fire Marshal and/or Fire Inspector and any applicable provisions of the Borough Ordinances.
10. 
Permanent and portable fire devices may be permitted on decks and patios.
d. 
Exterior masonry and wood burning fireplaces may be freestanding or attached to the principal or accessory buildings and shall comply with all fire codes, building codes and zoning regulations for masonry fireplaces.
1. 
Fireplaces may not be higher than five feet above grade, must be a minimum of 10 feet from any lot line and will not count as lot coverage.
e. 
Portable barbeque grills and portable outdoor patio heaters shall be exempt from this section.
f. 
Outdoor kitchens shall be governed by the Building and Zoning codes.
g. 
Enforcement, violations and penalties.
1. 
This section shall be enforced by the Surf City Zoning Officer, the Surf City Police Department and/or the Ocean County Fire Marshal.
2. 
Any authorized officer, agent, employee or representative of the Borough who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.
3. 
A violation of this section shall be punishable as provided in § 1-5, entitled "General Penalty."
[Ord. No. 72-7 § 12A; Ord. No. 81-12 § 2]
Within the zones established by this chapter or any amendments thereto, there exist lots, structures and uses of land and structures which were lawful before August 11, 1972, but which would be prohibited, regulated or restricted under the terms of this chapter or any future amendment.
It is the intent of this chapter to permit these nonconformities to continue until they are removed. Such uses are declared by this chapter to be incompatible with permitted uses in the zones involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after August 11, 1972 by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the zone involved.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to August 11, 1972 or the date of any amendment of this chapter, and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. The within grace period herein provided for shall not be construed to apply to any subsequent amendment of this chapter.
[Ord. No. 72-7 § 12B; Ord. No. 85-8; Ord. No. 2000-13 § I; Ord. No. 01-02 § I]
Pursuant to Subsection 30-12.8 in any zone in which single-family dwellings are permitted, with lots having a frontage of at least 40 feet and a total square footage of 4,000 feet or more, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of August 11, 1972, or the date of any amendment hereto. Such lot shall be in a separate ownership and not of continuous frontage with other lots in the same ownership. For lots not meeting the requirements above, a variance of area, width and yard requirements shall be obtained through the Board of Adjustment.
If two or more lots or combinations of lots with continuous frontage and single ownership are of record as of August 11, 1972, or the date of any amendment hereto, and are recorded as single lots on the tax map of the Borough, the lots shall be considered single, individual building lots and shall not be combined for purposes of conforming with more stringent amendments to the Zoning Ordinance adopted subsequent to August 11, 1972.
[Ord. No. 72-7 § 12C]
Where, on August 11, 1972 or the date of any amendment hereto, lawful use of land exists that is made no longer permissible under the terms of this chapter, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
a. 
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied as of August 11, 1972, or the date of any amendment hereto.
b. 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use as of August 11, 1972.
c. 
If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
[Ord. No. 72-7 § 12D; Ord. No. 83-4 § 3; Ord. No. 85-1]
Where a lawful structure exists on August 11, 1972 that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
a. 
No nonconforming building, which was erected pursuant to and in conformity with the zoning ordinance or any variance therefrom, shall be enlarged or altered in a manner which would increase the degree of nonconformity without a variance. Where the owner of a nonconformity building seeks a building permit which will enlarge or alter the building but will not increase the degree of nonconformity, plans for the proposed enlargement or alteration shall be provided to the Zoning Officer who shall issue a certificate that the proposed enlargement or alteration will not increase the degree of nonconformity. If the Zoning Officer finds that the enlargement or alteration will increase the degree of nonconformity, he shall issue a certificate so stating and no building permit shall then be issued without prior approval of the Zoning Board of Adjustment, or the Planning Board in the appropriate case.
b. 
Should such structure be destroyed by any means to an extent of more than 75% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
c. 
A nonconforming structure may be moved or relocated on any lot, provided that the relocation or movement does not increase the degree of nonconformity.
[Ord. No. 72-7 § 12E; Ord. No. 83-8; Ord. No. 2016-05]
If a lawful use of a structure, or of structure and premises in combination, exists on August 11, 1972 that would not be allowed in the zone under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
a. 
No existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered in any manner which would increase or intensify the density or actual living quarters for such structure except in changing the use of the structure to a use permitted in the zone in which it is located, provided, however, this section shall not preclude a zoning certificate and building permit from being issued if the proposed enlargement, extension, construction or reconstruction is for a garage, staircase, deck, fence, shed or any other addition which does not increase the actual living quarters of the existing structure, and the enlargement, extension, construction, reconstruction or alteration is conforming in all other respects to this chapter.
b. 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use as of August 11, 1972, but no such use shall be extended to occupy any land outside such building.
c. 
If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
d. 
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
e. 
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for nine consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.
f. 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
g. 
A nonconforming structure may be elevated so as to allow for parking and/or storage underneath the structure provided there are no changes to the existing footprint, there are no substantial alterations that would otherwise require appearance before the Land Use Board and the height of the structure is within the limitations allowed by current ordinances.
[Ord. No. 72-7 § 12F]
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building as it existed on August 11, 1972, or the date of any amendment hereto, shall not be increased.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
[Ord. No. 72-7 § 7F]
Any use for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.
[Ord. No. 72-7 § 7G; Ord. No. 2000-13 § I; Ord. No. 01-09 § I]
The following shall apply:
a. 
It is the purpose of this zoning chapter to characterize existing lots having a frontage of at least 40 feet and a total square footage of 4,000 feet or more as being conforming lots for one-family residences. It is the purpose of the zoning chapter to require that all newly created lots designed for one-family residences have a minimum of 50 feet frontage and a total square foot area of not less than 5,000 square feet.
b. 
It is further the intention of the zoning chapter to declare that any lots having 100 feet frontage or greater and having a total square foot area of 10,000 square feet or greater is a conforming lot for the purpose of constructing a duplex.
c. 
It is further the intention of this chapter to limit the reconstruction, expansion or alteration of a single family dwelling on a lot with less than forty foot street frontage and a total lot area of less than 4,000 square feet. Any reconstruction, expansion or alteration of any such structure must be approved by the Zoning Board of Adjustment. Any reconstruction, expansion or alteration shall be limited to the existing footprint of the current structure. No increase in the square footage of the existing structure is permitted. No increase in the number of area of bathrooms is permitted. No increase in the number of area of existing bedrooms is permitted. No increase in the livable area of the existing structure is permitted, exclusive of storage or attic space. Primary consideration shall be given to off-street parking and setback requirements. Any reconstruction, expansion or alteration of any such structure shall comply with Chapter 21, Flood Control and shall be subject to all other applicable provisions of Federal, State, County or local law.
d. 
All applications/appeals that involve a variance or a determination from the Zoning Ordinance of the Borough of Surf City as same pertains to N.J.S.A. 40:55D-70(d) shall submit the following, in addition to the items required by the Zoning Board application and the Revised General Ordinances of the Borough of Surf City, 2000:
1. 
Certified copies of all previously issued zoning and construction permits;
2. 
Certified copies of all prior certificates of occupancy;
3. 
Certified copy of any certificate of nonconformity;
4. 
Applicant's certification detailing the preexisting nonconforming status of the premises;
5. 
Certified copies of all property record cards for the lot and block;
6. 
In addition to the above requirements, any premises that is nonconforming based on density, i.e., that is nonpermitted duplexes, triplexes, quad-plexes, etc., shall provide certified copies of all utility bills, including but not limited to telephone, cable, gas, electric, and water/sewer bills for each unit.
[Ord. No. 72-7]
The regulations set by this chapter within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure of land, and particularly, except as hereinafter provided.
[Ord. No. 72-7 § 13A]
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located.
[Ord. No. 72-7 § 13B]
No building or other structure shall hereafter be erected or altered:
a. 
To exceed the height;
b. 
To accommodate or house a greater number of families;
c. 
To occupy a greater percentage of lot area;
d. 
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.
[Ord. No. 72-7 § 13C]
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
[Ord. No. 72-7 § 13D]
No yard or lot existing on August 11, 1972, shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after August 11, 1972, shall meet at least the minimum requirements established by this chapter.
[Ord. No. 72-7 § 13E]
All territory which may hereafter be annexed to the Borough shall be considered to be zoned in the same manner as the contiguous territory inside previous Borough limits otherwise classified.
[Ord. No. 72-7 § 14]
Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply:
a. 
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow the center lines.
b. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
c. 
Boundaries indicated as approximately following Borough limits shall be construed as following such Borough limits.
d. 
Boundaries indicated as following ocean shore lines shall be construed to follow such shore lines, and in the event of change in the shore line, shall be construed as moving with the actual shore line; boundaries indicated as following shore lines other than along the ocean shall be construed to follow the exterior pierhead line established by the Bureau of Navigation of the State of New Jersey.
e. 
Boundaries indicated as parallel to or extensions of features indicated in the above subsections shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map, where not specifically set forth in this chapter.
f. 
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by the above subsections, the Board of Adjustment shall interpret the district boundaries.
[Ord. No. 72-7 § 15A; Ord. No. 83-4 § 1]
The provisions of this chapter shall be administered and enforced by the Zoning Officer. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter. It shall be the duty of the Zoning Officer and his duly authorized assistants, if any, to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this chapter. The Zoning Officer, or his assistants, shall make any necessary inspections of any building or premises during the daytime in the course of his duties.
[Ord. No. 83-4 § 1]
There is hereby created in the Borough the position of Zoning Officer, who shall have the following duties:
a. 
To enforce the Zoning Ordinances of the Borough.
b. 
To issue zoning permits in accordance with the provisions of this chapter.
c. 
To answer all inquiries with regard to zoning questions in the Borough.
d. 
To keep a record of all applications for permits and of all permits and certificates issued, with a notation of all special conditions involved.
e. 
To collect and record fees for zoning permits.
f. 
To prepare a monthly report for the Mayor and Council summarizing all activities of the previous month concerning the duties of the Zoning Officer.
g. 
The Zoning Officer shall be deemed to be the administrative officer as defined in N.J.S.A. 40:55D-3, and shall issue certifications on behalf of the Borough certifying whether or not subdivision has been approved by the Planning Board of the Borough in accordance with N.J.S.A. 40:55D-56.
h. 
The Zoning Officer shall conduct field inspections and special investigations to ensure compliance with the Zoning Ordinance and the various land use ordinances of the Borough and to initiate necessary legal action against violators of such ordinances in the Municipal Court and, with the prior approval of Mayor and Council, in the Superior Court of New Jersey.
[Ord. No. 83-4 § 1; Ord. No. 83-5]
The term of office of the Zoning Officer shall be for one year commencing January 1 of the year of appointment and ending December 31. The Zoning Officer, however, shall continue to serve until his successor shall be appointed and qualified. The Zoning Officer shall receive an annual salary as may be fixed by the Mayor and Council in the Salary Ordinance of the Borough.
[Ord. No. 83-4 § 1; Ord. No. 85-19 § 1]
a. 
Conditional Use Permits. Applications for any conditional use permit as permitted by this chapter shall be made to the Planning Board, except when such an application includes an application for approval of a variance pursuant to N.J.S.A. 40:55D-70 before the Board of Adjustment, in which case such application for a conditional use permit shall be made to the Board of Adjustment. The appropriate board may thereafter direct the Construction Official to issue such permit if in its judgment the issuance of same will not be detrimental to the health, safety and general welfare of the Borough and is deemed necessary for its convenience.
In approving any such application, the appropriate board may impose any conditions that it deems necessary to accomplish the reasonable application, but only in accordance with the standards.
b. 
Certificates of Occupancy. Certificates of Occupancy shall be issued by the Construction Official in the manner prescribed in the Building Code. No building may be occupied until a Certificate of Occupancy is issued.
c. 
Zoning Permit. Applications for a zoning permit to the Zoning Officer shall be accompanied by a fee of $30.
[Amended 5-9-2018 by Ord. No. 2018-07]
d. 
Prior Payment of Taxes. No zoning permit, building permit or Certificate of Occupancy shall be issued unless the application for same is accompanied by a certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application.
[Ord. No. 83-4 § 1]
It shall be the duty of the Construction Official to keep a record of all applications for building permits and a record of all permits issued, together with a notation of all special conditions involved.
The Construction Official shall prepare a monthly report for the Mayor and Council summarizing, for the period since his last previous report, all building permits issued and certificates signed by him and all complaints of violations, and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the Mayor and Council.
[Ord. No. 83-4 § 1; Ord. No. 85-7; Ord. No. 2016-05; Ord. No. 2017-05]
a. 
Certificate Required Prior to Transfer. No transfers of title by an owner to any real property within the Borough shall take place unless and until the new Certificate of Occupancy has been received from the office of the Zoning Officer for any existing structure located thereon and used for commercial or residential purposes. It shall be the obligation of the record owner of such real property to first obtain a new Certificate of Occupancy prior to the transfer of title. No person, agents, servants or representatives of any of the foregoing shall suffer or allow any person to occupy any structure used for commercial or residential purposes within the Borough without first having obtained a Certificate of Occupancy.
b. 
Application; Inspection. Prior to the transfer of title of any existing commercial or residential structure, application for a new Certificate of Occupancy shall be made by the record owner, in writing, to the Zoning Officer, or any other person designated by him. The applicant shall permit the Zoning Officer, or any other person designated by him, to enter upon and examine the structure or structures subject to the Certificate of Occupancy application in order that the Zoning Officer, or any other person designated by him, may determine if the structure conforms with the Zoning Ordinances of the Borough as a permitted use or, if not a permitted use, then determine if such structure exists as a valid nonconforming use. No Certificate of Occupancy shall be issued until such inspection shall have been made and a certification filed with the Zoning Officer, or any other person designated by him, that the use for such building or buildings complies with the Zoning Ordinance of the Borough or is a valid pre-existing nonconforming use.
c. 
Filing; Fee. The applicant shall be required to complete an application to be filed with the Zoning Officer and file along with such application a fee of $50, per unit, and a current plot plan and flood elevation certificate to be in the purchasers name.
d. 
Exemption. The transfer of title to properties requiring certificates of zoning occupancy as set forth in Subsections a and b shall be exempt from the provisions of this subsection if the transfer is between existing record owners together or if property passes by intestate succession or as the result of a Last Will and Testament.
[Added 3-13-2019 by Ord. No. 2019-02]
There is hereby created in the Borough the position of Deputy Zoning Officer who shall, in the absence of the Zoning Officer, have all the duties of Zoning Officer as set forth in § 30-15.2.
[Added 3-13-2019 by Ord. No. 2019-02]
The term of office of the Deputy Zoning Officer shall be for one year commencing January 1 of the year of appointment and ending December 31. The Deputy Zoning Officer, however, shall continue to serve until his or her successor shall be appointed and qualified. The Deputy Zoning Officer shall receive an annual salary as may be fixed by the Mayor and Council in the Salary Ordinance of the Borough.
[Ord. No. 72-7 § 16]
Any owner, contractor, agent or any person or corporation who violates any of the provisions of this chapter, or fails to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement of plan submitted and approved hereunder, or who refuses reasonable opportunity to inspect any premises, shall be subject to the provisions of Chapter 1, § 1-5 of this Revision.
[Ord. No. 72-7 § 16]
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense, and upon conviction thereof shall each be liable to a fine or imprisonment, or both, as specified in § 1-5.
[Ord. No. 83-4 § 1]
Any violation of any prior ordinance subsequently amended or repealed shall not be waived or forgiven as a result of the adoption of a subsequent ordinance and any violations of any such previous zoning ordinance may still be prosecuted, subject to such limitations as provided by law.
[Added 5-9-2018 by Ord. No. 2018-08]
The purpose of this section for the siting of wireless communications facilities is as follows.
a. 
Protect residential areas and land uses from potential adverse impacts of wireless communications facilities.
b. 
Encourage and ensure the appropriate location of wireless communications facilities in consideration of the public health, welfare, and safety.
c. 
Consistent with federal and state law, minimize the total number of wireless communications facilities in the Borough.
d. 
Strongly encourage the co-location and joint use of existing and approved wireless communications facilities as a primary option rather than construction of new tower-based wireless communications facilities.
e. 
Encourage applicants to locate wireless communications facilities, to the extent practicable and possible, in areas where the adverse impact to the community is minimal.
f. 
Encourage applicants to configure wireless communications facilities in a way that minimizes their adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging and stealth technology.
g. 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
h. 
Avoid potential damage to adjacent properties and the public health, welfare, and safety through proper engineering and careful siting of wireless communications facilities.
i. 
Comply with applicable federal and state law on the siting and regulation of wireless communications facilities, while ensuring that proper zoning regulations are implemented to ensure that the public health, welfare, and safety is protected and to minimize the adverse visual, structural, health, and safety impacts of such facilities.
j. 
In furtherance of the foregoing goals, the Borough shall give due consideration to the Borough Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in the approving of sites for the location of wireless communications facilities and the regulation of such facilities.
a. 
All wireless communications facilities shall be subject to these regulations, the applicable building regulations, and the Borough Code, except as otherwise provided or grandfathered herein.
b. 
Amateur Radio; Receive-Only Antennas. This section shall not govern any tower or the installation of any antenna that is under 70 feet in height which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
c. 
Preexisting Towers or Antennas. Preexisting towers or antennas shall not be required to meet the requirements of this section, other than the requirements regarding building codes and safety standards. This exception shall not apply to any expansion or intensification of a preexisting tower or antenna.
d. 
Government Agencies. Communication towers and/or antenna owned, operated, leased, or used by the Borough shall be exempt from the requirements of this section.
e. 
Satellite Dish Antenna. This section shall not govern any parabolic satellite antennas.
a. 
Wireless communications facilities are a permitted use in the Business Zone. No wireless communications facilities of any type shall be permitted in any residential zoning districts or within 50 feet of a lot in residential use or a residential district boundary.
b. 
No wireless communications facilities are permitted inside or on any buildings or accessory buildings in the Borough. Except for the co-location on utility poles as required by federal and state law, and, as otherwise provided in this section, no non-tower based wireless communications facilities shall be permitted in the Borough. All wireless communications facilities in the Borough shall be limited to wireless communications support structures as set forth herein.
c. 
With the exception of Borough-owned and/or constructed lattice towers or guy-lattice towers, no lattice towers or guy-lattice towers shall be permitted in the Borough.
d. 
Except as otherwise provided by law for public utilities, no new wireless communications support structures, such as towers or monopoles, shall be permitted in the ROW. Only co-location and nonsubstantial changes to existing wireless support structures shall be permitted in the ROW.
e. 
Wireless communications facilities located on property owned, leased, or otherwise controlled by the Borough shall be a permitted use in all zoning districts, provided that a license or lease authorizing such facilities has been approved by the Borough, and, as a condition of any such license or lease, the Borough may require site plan approval or may exempt the applicant from approval. The decision to extend such license or lease to an applicant shall be vested solely with the Borough, and shall not be governed by this section. The Borough, in its absolute and sole discretion, reserves the express right to deny all use of its property for wireless communications facilities. Nothing in this section shall be construed as requiring any applicant to locate on property owned, leased, or otherwise controlled by the Borough. Preexisting wireless communications facilities are exempt from the application of this subsection.
f. 
No advertising signs shall be permitted on any wireless communications facilities, wireless communications support structures, wireless communications equipment, or base stations.
g. 
All ROW regulations shall apply to all entities and applicants, regardless of whether the ROW is owned and/or controlled by the county or the state.
a. 
The Borough Engineer shall maintain an inventory of existing wireless communications facility locations within or near the Borough.
b. 
It is the Borough's policy that the first priority locations for wireless communications facilities within the Borough shall be Borough-owned towers, and then non-Borough-owned existing towers and wireless support structures, and all applicants for new wireless communications facilities shall make all reasonable and good faith efforts to co-locate the proposed wireless communications facilities and/or secure the location of such facilities on Borough-owned facilities first and non-Borough-owned existing towers and wireless support structures second.
c. 
An applicant proposing any wireless communications facility at a new location shall demonstrate and document that it made its best business efforts to find a co-location site and that none was available, practicable, economically feasible, and was not a viable option.
a. 
Permit and Escrow Fees. The Borough may assess appropriate and reasonable application and permit fees directly related to the actual costs in reviewing and processing the application for approval of wireless communication facilities, as well as inspection, monitoring, and related costs, as set by resolution. The Borough may also impose and require escrow fees for the payment of actual fees and costs, as the Borough deems appropriate by way of resolution.
b. 
Retention of Experts and Costs. The Borough and the Land Use Board may use and/or hire any consultants, engineers, attorneys, and/or experts to assist with the review and application for approval of wireless communications facilities, and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section and the Borough Code. The applicant and/or owner of the wireless communication facility shall reimburse the Borough and the Land Use Board for all costs of the consultants, engineers, attorneys, and/or experts in providing expert evaluation and consultation in connection with these activities.
c. 
Compensation for ROW Use. In addition to other fees provided herein, every wireless communications facility in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, if any, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, supervising and other ROW management activities by the Borough. The owner of each tower-based wireless communications facility shall pay an annual fee to compensate the Borough for the Borough's costs incurred. The annual ROW management fee for wireless communications facilities shall be determined by the Borough and authorized by resolution.
a. 
Except as otherwise provided in this section, no wireless communications facilities shall be constructed, erected, or substantially changed unless site plan approval and any and all applicable variances are obtained from the Land Use Board. The following provisions shall apply to applications for such approval.
1. 
Applications for site plans along with any required variances shall be subject to the procedures and requirements of the Municipal Land Use Law and the Borough Code, except as modified herein.
2. 
In granting site plan approval or a variance, the Land Use Board may impose additional conditions consistent with federal and state law to the extent the Land Use Board concludes such are necessary to minimize any adverse effect of the proposed wireless communications facility on adjoining properties.
3. 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer of the State of New Jersey, if a licensing requirement for that professional exists in New Jersey.
4. 
An applicant for site plan approval or a variance shall submit the information required, a nonrefundable application fee, and an escrow deposit as established by resolution. The application fee and escrows shall be paid as required herein.
5. 
Any tower shall be designed and constructed so as to accommodate at least four antenna arrays of separate wireless communications providers, where such accommodation is technically feasible.
b. 
In addition to any and all information required for applications for site plan approval or a variance pursuant to this section and the Borough Code, applicants for approval for the construction or installation of wireless communication facilities shall submit all of the items identified on the application checklist, along with the following information before the application is certified as complete.
1. 
A completed proscribed application and application checklist for proposed wireless communications facilities.
2. 
The identity of the owner of the property, structure, and/or building and a copy of the lease (with confidential or proprietary information redacted), proof of ownership and authority, and deed for the property.
3. 
A scaled site plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, and other information as required by this or other Borough ordinances, or as required by the Borough or Board Engineer, to enable comprehensive review of the application.
4. 
Survey of the property, including a Letter of Interpretation from the New Jersey Department of Environmental Protection, signed and sealed by a land surveyor licensed in the State of New Jersey, dated no earlier than 12 months prior to the date of the application.
5. 
The separation distance between the proposed wireless communications facility and the nearest residential unit and/or residentially zoned property.
6. 
The separation distance from other wireless communications facilities described in the inventory of existing sites submitted pursuant to this subsection shall be shown on an updated site plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).
7. 
A landscape plan showing specific landscape materials and precise locations of proposed landscaping improvements, including, but not limited to, species type, size, spacing, other landscape features, and existing vegetation to be retained, removed, or replaced, which shall be certified by a licensed engineer or certified landscape architect.
8. 
An environmental impact study.
9. 
A plan evidencing compliance with the applicable requirements of this section, including, but not limited to, the architecture, stealth technology requirements, aesthetics, color, camouflage, landscaping, and fencing.
10. 
A written report of the suitability or nonsuitability of the use of existing wireless communications facilities or other structures for services to be provided through the use of the proposed new wireless communications facility.
11. 
A written report of the feasible location(s) of future wireless communications facilities that may be erected by the applicant within the Borough based upon existing physical engineering, technological, or geographical limitations in the event the proposed wireless communications facility is erected.
12. 
A visual study, including photographic or topographic plans, identifying a line-of-sight analysis detailing the view of the proposed wireless communications facility from various directions and angles from adjacent areas within a seven-hundred-fifty-foot radius of the proposed wireless communications facility. The analysis shall be utilized to determine buffer requirements.
13. 
Documentation of the results of the crane test, including a line-of-sight survey and photographic result of the crane test with regard to the potential visual and aesthetic impacts of the proposed tower. Such documentation must establish the zone of visibility of the proposed tower.
14. 
Photo-simulations of any proposed tower, which shall include at least one photo-simulation from at least four angles of view of the tower (from the north, east, south and west), taken from ground level at the property line of the proposed site of any tower. Photo-simulations presented to the approving authority shall be in color and a minimum of eight inches by 11 inches in size.
15. 
Documentary and expert evidence regarding the need for the wireless communications facility, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the facility at a particular location within the Borough. The evidence shall include a report of the radio frequency engineering analysis of the search area for the wireless communications facility.
16. 
A report from a qualified expert certifying that the wireless communications facility complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators ("BOCA") International Code, including a description of the number and type of antennas it is designed to accommodate.
17. 
A statement by the applicant demonstrating whether construction of the wireless communications facility will accommodate co-location of additional antenna for future users. If so, a letter of commitment by the applicant to lease excess space on wireless communications facility to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
18. 
Elevations of all existing and proposed structures generally depicting all existing and proposed antennas, towers, platforms, finish materials, as well as all other accessory equipment.
19. 
Inventory of Existing Sites. Each applicant shall provide to the Land Use Board an inventory of its existing wireless communications facilities or sites approved for towers or antennas that are either within the jurisdiction of the Borough or within three miles of the proposed site, whichever is more extensive, including specific information about the location, height, and design of each wireless communications facility. The Borough and the Land Use Board may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate wireless communications facilities within the jurisdiction of the Borough; provided, however, that the Borough and Land Use Board are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
20. 
Identification of the entities providing the backhaul network for the wireless communications facility described in the application and other cellular sites owned or operated by the applicant in the municipality.
21. 
Detailed and certified engineering plans of the wireless communications facility proposed and any and all related equipment.
22. 
Fully executed indemnification and hold harmless agreements prepared by the Borough, which are provided with the application package.
23. 
Documentation that the existing vegetation, trees, and shrubs located within proximity to the wireless communications facility structure shall be preserved to the maximum extent possible.
24. 
A soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the tower-based wireless communications facility, and anchors, if used.
25. 
Documentation of compliance with all of the regulations set forth in Subsection 16.53.100.[1]
[1]
Editor's Note: So in original.
Tower-based applications shall be reviewed by the Land Use Board pursuant to the following:
a. 
Time frame for review. The Land Use Board shall render a decision on an application within 150 days of receipt of a complete application.
b. 
Incomplete applications. The Land Use Board may toll the one-hundred-day time frame set by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The one-hundred-fifty-day time frame shall begin again upon receipt of the supplemental submission.
c. 
Subsequent incomplete applications. The Land Use Board may thereafter toll the one-hundred-fifty-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.
d. 
Failure to act. If the Land Use Board does not approve or deny an application within 150 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Land Use Board in writing that the review period has expired. Upon the Land Use Board's receipt of this notice from the applicant, the application shall be deemed granted.
a. 
An application for development to co-locate or nonsubstantially change wireless communications equipment on a wireless communications support structure shall be subject to review and approval from the Land Use Board. The application must meet the following requirements:
1. 
The wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority.
2. 
The proposed application satisfies the federal and state requirements to meet the standard for co-location, as defined in this section.
3. 
The proposed co-location and/or change complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to N.J.S.A. 40:55D-1 et seq. or any other applicable law, rule, or regulation.
b. 
All applications shall be filed with the Land Use Board which shall review the application to determine whether the application qualifies as a request for co-location, whether the change proposed is nonsubstantial, and/or whether the application requires site plan approval. The Land Use Board shall review the application and advise the applicant within 60 days as to whether the Borough deems that site plan approval is required. If site plan approval is deemed to be required, the applicant shall proceed in accordance with the regulations regarding such approval and the time period for review shall restart in accordance with such regulations upon submission of a site plan application.
c. 
All applications shall be submitted to the Land Use Board on the proscribed application and checklist form(s) and shall include the following information.
1. 
A completed application and application checklist for wireless communication facilities co-location and nonsubstantial change modifications.
2. 
A statement and supporting proofs that the application qualifies as co-location or as a nonsubstantial change.
3. 
The identity of the owner of the property, structure, and/or building and a copy of the lease (with confidential or proprietary information redacted), proof of ownership and authority, deed for the property, and a copy of the agreement relating to N.J.S.A. 48:3-18.
4. 
Applicant's certification that it possesses the legal authority to co-locate and/or change the support structure which may include approvals from the jurisdiction authorizing the initial placement of transmission equipment on the tower or other structure.
5. 
Fully executed indemnification and hold harmless agreements prepared by the Borough, which are provided with the application package.
6. 
A scaled location plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, and other information as required by this or other Borough ordinances, or as required by the Borough or Board Engineer, to enable comprehensive review of the application.
7. 
The separation distance between the proposed wireless communications facility and the nearest residential unit and/or residentially zoned property.
8. 
The separation distance from other wireless communications facilities described in the inventory of existing sites submitted pursuant to this subsection shall be shown on an updated location plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).
9. 
A description of the type and quantity of equipment to be installed.
10. 
A description of the number and size of any equipment cabinets to be installed.
11. 
A description of any excavation required.
12. 
A description of any change in tower height and/or width as a result of the proposed co-location, removal, or replacement.
13. 
A plan evidencing the development's compliance with the applicable requirements of this section, including, but not limited to, the architecture, aesthetics, color, and use of stealth technology.
14. 
A written report of the suitability or nonsuitability of the use of existing wireless communications facilities or other structures for services to be provided through the use of the proposed new wireless communications facility, including certification from a structural engineer that the existing utility pole or tower is structurally suitable and safe for the co-location and/or nonsubstantial change.
15. 
A written report of the feasible location(s) of future wireless communications facilities which may be erected by the applicant within the Borough based upon existing physical engineering, technological, or geographical limitations in the event that the proposed wireless communications facility is erected.
16. 
A visual study, including photographic or topographic plans, identifying a line-of-sight analysis detailing the view of the proposed wireless communications facility from various directions and angles from adjacent areas within a seven-hundred-fifty-foot radius of the proposed wireless communications facility. The analysis shall be utilized to determine buffer requirements.
17. 
Documentary and expert evidence regarding the need for the wireless communications facility, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the facility at a particular location within the Borough. The evidence shall include a report of the radio frequency engineering analysis of the search area for the wireless communications facility.
18. 
A report from a qualified expert certifying that the wireless communications facility complies with the latest structural and wind loading requirements as set forth in the BOCA Code, including a description of the number and type of antennas it is designed to accommodate.
19. 
A statement by the applicant demonstrating whether construction of the wireless communications facility will accommodate co-location of additional antenna for future users; if so, a letter of commitment by the applicant to lease excess space on wireless communications facility to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
20. 
Elevations of all existing and proposed structures generally depicting all existing and proposed antennas, towers, platforms, finish materials, as well as all other accessory equipment.
21. 
Inventory of Existing Sites. An inventory of its existing wireless communications facilities or sites approved for towers or antennas that are either within the jurisdiction of the Borough or within three miles of the proposed site, whichever is more extensive, including specific information about the location, height, and design of each wireless communications facility. The Borough and the Land Use Board may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate wireless communications facilities within the jurisdiction of the Borough; provided, however, that the Borough and Land User Board are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
22. 
Identification of the entities providing the backhaul network for the wireless communications facility described in the application and other cellular sites owned or operated by the applicant in the municipality.
23. 
Documentation of compliance with all of the regulations set forth in Subsection M.
a. 
Time frame for review. The Land Use Board shall determine whether an application for co-location, removal, or replacement of equipment at an existing wireless communications tower or base station constitutes a substantial change within 60 days of receipt of the application. Applications that do not substantially change the wireless communications facility and otherwise comply with the requirements set forth in this section shall be approved within this time period. This sixty-day period may be extended by mutual agreement of the Land Use Board and the applicant.
b. 
Incomplete applications. The Land Use Board may toll the sixty-day time frame by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The sixty-day time frame shall begin again upon receipt of the supplemental submission.
c. 
Subsequent incomplete applications. The Land Use Board may thereafter toll the sixty-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.
d. 
Complete applications. The Land Use Board shall, within the sixty-day time frame, approve all complete applications for co-location, removal, or replacement of equipment at an existing wireless communications tower or base station that do not constitute a substantial change and that do not otherwise violate applicable health, safety, and other requirements set forth in this section. If the Land Use Board determines that an application constitutes a substantial change to an existing wireless communications tower or base station, or otherwise fails to comply with this section, it shall notify the applicant of same in writing. If applicable, the Land Use Board shall advise the applicant to initiate the site plan process required by this section.
e. 
Applications on improper towers. Notwithstanding the foregoing, the Land Use Board is not obligated to approve an application for co-location, removal, or replacement of equipment on a tower or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.
f. 
Failure to act. If the Land Use Board does not approve or deny an application for co-location, removal, or replacement of equipment at an existing wireless communications tower or base station within 60 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Land Use Board in writing that the review period has expired. Upon the Land Use Board's receipt of this notice from the applicant, the application shall be deemed granted.
The following regulations shall apply to all towers and tower-based wireless communications facilities.
a. 
Uniform Construction Code; Safety Standards; Standard of Care. Any tower-based wireless communications facility shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, foundation, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute ("ANSI") Code, National Electrical Safety Code, National Electrical Code, the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Borough Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
b. 
Gap in Coverage. An applicant for a tower-based wireless communications facility must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of wireless communications facility being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Land Use Board's decision on an application for approval of tower-based wireless communications facilities.
c. 
Co-location. An application for a new tower-based wireless communications facility outside the ROW shall not be approved unless the Land Use Board finds that the wireless communications equipment planned for the proposed tower-based wireless communications facility cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based wireless communications facility shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
d. 
Wind. Any tower-based wireless communications facility structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association.
e. 
Height. Any tower-based wireless communications facility shall be designed at the minimum functional height and shall not exceed a maximum total height of 100 feet, which height shall include all subsequent additions or alterations. All tower-based wireless communications facility applicants must submit documentation to the Land Use Board justifying the total height of the structure.
f. 
Public Safety Communications. No tower-based wireless communications facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
g. 
Maintenance. The following maintenance requirements shall apply:
1. 
Any tower-based wireless communications facility shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;
2. 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents;
3. 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents; and
4. 
Except in the case of documented emergencies, five-day written notice of any and all maintenance activities shall be provided to the Chief of Police and the Department of Public Works. Written notice of emergencies and documented proof of same shall be provided to the Chief of Police and the Department of Public Works as soon as practicable, but in no case more than 48 hours from the date of emergency.
h. 
Radio Frequency Emissions. No tower-based wireless communications facility may, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
i. 
Identification. All tower-based wireless communications facilities shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Land Use Board.
j. 
Lighting. Tower-based wireless communications facilities shall not be artificially lighted, except as required by law and as may be approved by the Land Use Board. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
k. 
Appearance and Visual Compatibility Requirements.
1. 
All tower-based wireless communications facility structures shall be located, designed, and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of the latest stealth technology, including color and camouflaging, architectural treatment, landscaping, and other available means, considering the need to be compatible with neighboring residences and the character of the community. The tower-based wireless communications facility shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.
2. 
Any height extensions to an existing tower-based wireless communications facility shall require prior approval of the Land Use Board. The Land Use Board reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.
3. 
Any proposed tower-based wireless communications facility shall be designed structurally, electrically, and in all respects to accommodate both the wireless communications facility applicant's antennas and comparable antennae for future users.
4. 
Towers shall either maintain a galvanized steel finish, be painted a neutral color, and employ stealth technology so as to reduce visual obtrusiveness.
5. 
At the wireless communications equipment building, the design of the buildings and related structures shall, to the extent possible, use materials, colors, tenures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding buildings.
6. 
All tower-based wireless communications facility structures must be designed to preserve scenic vistas and views of the Atlantic Ocean, Barnegat Bay, all inlets, cultural and historical landmarks, and unique geographic and topographic features. Natural features such as trees, views, natural terrain, open waters, and natural drainage ridge lines shall be preserved whenever possible in locating and designing a tower. Towers shall further be designed and located to minimize impact on open space and Green Acres properties.
7. 
Any and all buildings or structures relating to the tower-based wireless communications facility structures shall be located, designed, and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of stealth technology.
8. 
Any and all buildings or structures relating to the tower-based wireless communications facility structures shall not contain more than 1,600 square feet of gross floor area or be more than 15 feet in height.
9. 
Equipment storage buildings or cabinets shall comply with all applicable zoning and building codes.
10. 
The wireless communications equipment building shall not exceed 10 feet for flat roofs or 15 feet for pitched roofs, which shall have a minimum vertical rise of six inches for every 12 inches of horizontal run, and the building must blend architecturally with any existing building on the property. Pitched roofs shall be permitted only where the applicant is proposing a structure designed to blend with the local architectural context.
11. 
When a location out of the view from off-tract properties is not possible, appropriate foundation planting shall be provided outside the wireless telecommunications equipment building.
12. 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required.
(a) 
Tower-based communications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
(b) 
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
13. 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the approving authority if the goals of this section would be better served thereby. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
14. 
An individual wireless carrier shall not occupy more than 400 square feet of the equipment building.
l. 
Noise. Tower-based wireless communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
m. 
Aviation Safety. Tower-based wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.
n. 
Nonconforming Uses. Nonconforming tower-based based wireless communication facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section and this Title 16.
o. 
Removal. In the event that use of a tower-based based wireless communication facility is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned based wireless communication facilities or portions of based wireless communication facilities shall be removed as follows:
1. 
All unused or abandoned tower-based wireless communication facilities and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.
2. 
If the wireless communication facility and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the wireless communication facility and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the wireless communication facility.
3. 
Any unused portions of tower-based wireless communication facilities, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based wireless communication facility previously removed.
p. 
Additional Antennae. As a condition of approval for all tower-based wireless communications facilities, the applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennae on tower-based wireless communications facilities where technically and economically feasible. The owner of a tower-based wireless communications facility shall not install any additional antennae without obtaining the prior written approval as required in this section.
q. 
Environmental. All tower-based wireless communication facilities shall comply with all applicable environmental regulations.
r. 
Visual or Land Use Impact. The Land Use Board reserves the right to deny an application for the construction or placement of any tower-based wireless communications facility based upon visual and/or land use impact.
s. 
Inspection. The Borough reserves the right to inspect any tower-based wireless communications facility to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
t. 
Setbacks. The following setback requirements shall apply to all towers:
1. 
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all nonappurtenant buildings and structures to ensure public safety in the event of a collapse or fall of the tower, provided that distance is no closer than the building setback applicable to the zoning district.
2. 
Accessory buildings must satisfy the minimum zoning district setback requirements.
3. 
No tower shall exist within required buffer or conservation easement areas.
u. 
Separation distance from tower to tower. No tower shall be within 1,500 feet of another tower. Tower separation shall be measured from the base of the tower to the base of the other tower.
v. 
Insurance Requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the tower-based wireless communications facility in the minimum coverage amount of $5,000,000 for any one claim and $10,000,000 for any aggregate claim. The insurance policy shall name the Borough as an additional insured. The existence of any available and/or applicable insurance shall not waive or release applicant from the obligations set forth required indemnification agreement included in the application.
w. 
Fence/Screen.
1. 
A security fence having a maximum height of eight feet shall completely surround any tower-based wireless communications facility, guy wires, or any building housing wireless communications facility equipment.
2. 
An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.
3. 
The wireless communications facility applicant shall submit a landscape plan for review and approval by the Borough for all proposed screening.
x. 
Accessory Equipment.
1. 
Ground-mounted equipment associated to, or connected with, a tower-based wireless communications facility shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Borough Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.
2. 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
y. 
Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to the tower-based wireless communications facility. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the wireless communications facility owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
z. 
Bond. Prior to the issuance of a permit, the owner of a tower-based wireless communications facility outside the rights-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in New Jersey and maintain a bond or other form of security acceptable to the Borough Attorney, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this section and this Title 16. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.
No new wireless communications support structures shall be permitted in any ROW, except that pursuant to federal law and N.J.S.A. 40:55D-46.2, existing, approved utility poles approved by the appropriate authority for public utilities and new utility poles approved by the appropriate authority for public utilities in the rights-of-way located in the Business Zone alone may be used for the co-location of wireless communications facilities, provided they are not located within 50 feet of any residential zone or residential lot line. No co-location shall be permitted in any Residential Zoning District ROW. The following regulations shall apply to such tower-based wireless communications facilities located in the ROW.
a. 
Time, Place and Manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all tower-based wireless communications facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
b. 
Equipment Location. Tower-based wireless communications facilities and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Land Use Board. In addition:
1. 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb;
2. 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping, stealth technology, or other decorative features to the satisfaction of the Borough;
3. 
Required electrical meter cabinets shall the screened to blend in with the surrounding area and employ stealth technology to the satisfaction of the Borough;
4. 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti; and
5. 
Any underground vaults related to tower-based wireless communications facilities shall be reviewed and approved by the Borough.
c. 
Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based wireless communications facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless communications facility when the Borough, consistent with its police powers and applicable regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:
1. 
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
2. 
The operations of the Borough or other governmental entity in the right-of-way;
3. 
Vacation of a street or road or the release of a utility easement; and/or
4. 
An emergency as determined by the Borough.
a. 
Co-location and nonsubstantial changes to wireless communications facilities shall be limited to the placement of wireless communications on utility poles inside and outside the rights-of-way.
b. 
The following regulations shall apply to the co-location of and changes to wireless communications facilities that do not substantially change the physical dimensions of the wireless communications support structure to which they are attached.
1. 
Uniform Construction Code; Safety Standards; Standard of Care. Any wireless communications facility shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the ANSI Code, National Electrical Safety Code, National Electrical Code, the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Borough Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
2. 
Wind. Any co-location of and changes to wireless communications facilities shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association.
3. 
Public Safety Communications. No co-location of and changes to wireless communications facilities shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
4. 
Aviation Safety. Co-location of and changes to wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.
5. 
Radio Frequency Emissions. No co-location of and changes to wireless communications facilities may, by themselves or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
6. 
All wireless communications facilities and structures shall be located, designed, and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of the latest stealth technology, including color and camouflaging, architectural treatment, landscaping, and other available means, considering the need to be compatible with neighboring residences and the character of the community. The wireless communications facility, structure, antenna, and all related equipment shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.
7. 
Separation distance from wireless communications facilities and antenna. No wireless communication facility or antenna shall be within 500 feet of another. The separation shall be measured from the base of the utility pole to the base of the other utility pole.
8. 
Noise. Wireless communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
9. 
Historic Buildings or Districts. No wireless communications facility may be located within 150 feet of any building or structure that is listed on either the National or New Jersey Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough as being of historic significance.
10. 
Visual Impact and Safety. The Borough reserves the right to deny an application for the construction or placement of any wireless communications facilities based upon visual and/or land use impact, and require design modification as a pre-condition to approval. No co-location or nonsubstantial changes shall be permitted in any site triangle or otherwise interfere with site lines and/or the public health, welfare, and safety.
11. 
Removal. In the event that use of the co-located or changed is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless communications facilities or portions of wireless communications facilities shall be removed as follows:
(a) 
All abandoned or unused co-location of and changes to wireless communications facilities and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Borough;
(b) 
If the co-location of and changes to wireless communications facilities or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Borough, the wireless communications facility and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the wireless communications facility.
12. 
Maintenance. The following maintenance requirements shall apply:
(a) 
The co-location of and changes to wireless communications facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents;
(c) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents; and
(d) 
Except in the case of documented emergencies, five-day written notice of any and all maintenance activities shall be provided to the Chief of Police and the Department of Public Works. Written notice of emergencies and documented proof of same shall be provided to the Chief of Police and the Department of Public Works as soon as practicable, but in no case more than 48 hours from the date of emergency.
13. 
Bond. Prior to the issuance of a permit, the owner of each individual non-tower wireless communications facility shall, at its own cost and expense, obtain from a surety licensed to do business in New Jersey and maintain a bond, or other form of security acceptable to the Borough Attorney, in an amount of $25,000 for each individual non-tower wireless communications facility, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.
14. 
Inspection. The Borough reserves the right to inspect any tower-based wireless communications facility to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
15. 
Insurance Requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the wireless communications facility in the minimum coverage amount of $1,000,000 for any one claim and $3,000,000 for any aggregate claim. The insurance policy shall name the Borough as an additional insured. The existence of any available and/or applicable insurance shall not waive or release applicant from the obligations set forth required indemnification agreement included in the application.
Nonconforming wireless communications facilities, antennas, or wireless communications support structures that are damaged or destroyed may not be rebuilt without having to first obtain the appropriate approval from the appropriate approving authority and without having to meet the requirements specified in this section.
a. 
A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Borough may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.
b. 
A violation of this section shall be punishable as provided in § 1-5, General Penalty.
a. 
Police Powers. The Borough, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen, or impair the lawful police powers vested in the Borough under applicable federal, state, and local laws and regulations.