[Ord. #324; Ord. #493; Ord. #98-780]
An ordinance abolishing the planning board and zoning board
of adjustment as presently constituted pursuant to the provisions
of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.; and providing
for the establishment of a nine member planning board pursuant to
N.J.S.A. 40:55D-25c(1) to exercise, to the same extent and subject
to the same restrictions, all of the powers of the planning board
and zoning board of adjustment.
The purposes of this chapter are to establish a pattern for
the regulation of the uses of land and of buildings and structures,
thereon, based on the land use element of the master plan, as adopted
and as may be amended from time to time; to prohibit incompatible
uses; and to achieve the following:
a.
Guide the appropriate use or development of all lands within the
Borough of Union Beach in a manner which will promote the public health,
safety, morals and general welfare;
b.
Secure safety from fire, flood, panic and other natural and man-made
disasters;
c.
Provide adequate light, air and open space;
d.
Ensure that the development of Union Beach does not conflict with
the development and general welfare of neighboring municipalities,
the County of Monmouth and the State of New Jersey as a whole;
e.
Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
f.
Encourage the appropriate and efficient expenditures of public funds
by the coordination of public development with land use policies;
g.
Provide sufficient space in appropriate locations for a variety of
residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements in order to meet the needs of all New Jersey citizens.
h.
Encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
i.
Promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
j.
Promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land;
k.
Encourage planned unit developments which incorporate the best features
of design and relate the type, design and layout of residential, commercial,
and recreational development to the particular site;
l.
Encourage senior citizen community housing construction;
m.
Encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land;
n.
Promote the conservation of energy through the use of planning practices
designed to reduce energy consumption and to provide for maximum utilization
of renewable energy sources.
[Amended by Ord. #324, S2.1-2, 3; Ord. #357, S1; Ord. #493;
Ord. #2001-831; Ord. #2002-3; Ord. #2005-55; Ord. #2006-81; Ord. #2008-115;
Ord. #2009-150, S1; Ord. #2010-162, S1; Ord. #2014-200, S1. Additional
amendments noted where applicable.]
Wherever a term which is defined in N.J.S.A. 40:55D and/or the
New Jersey State Uniform Construction Code is used in this section,
such term is intended to include and have the meaning set forth in
the definition of such term found in said statute in addition to the
definition for such term which may be included in this section, unless
the context clearly indicates a different meaning.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows: Words used in the
present tense include the future; the singular number includes the
plural and the plural, the singular; the word "lot" includes the word
"plot;" the word "building" includes the word "structure;" the word
"zone" includes the word "district;" the word "occupied" includes
the word "designed" and the phrase "intended to be occupied;" the
word "use" includes the words "arranged," "designed," and the phrase
"intended to be used;" and the word "shall" is mandatory and not directory;
and the word "abut" shall include the words "directly across from,"
"adjacent" and "next to." The term "such as," where used herein, shall
be considered as introducing typical or illustrative, rather than
an entirely exclusive or inclusive designation of, permitted or prohibited
uses, activities, establishments or structures.
[Ord. No. 2016-234 § 1; Ord. No. 2016-244 § 17]
a.
As used in this chapter:
1.
ACCESSORY USE OR BUILDING - Shall mean a subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot, except that any structure with a floor area in excess of 700 square feet or a building containing living space shall never be considered an accessory building (see subsection 13-5.8).
2.
ADMINISTRATIVE OFFICER - Shall mean the borough clerk for all matters
before the borough council, the planning board secretary for all matters
involving the planning board, the secretary of the board of adjustment
for all matters involving the board of adjustment and the zoning officer
for matters pertaining to issuance of permits or enforcement of this
chapter. In the event that any matter subject to this chapter is not
before the borough council, planning board or board of adjustment
or zoning officer, the administrative officer shall be the borough
clerk.
3.
ALTERATIONS - Shall mean as applied to a building or structure, a
change or rearrangement in the structural supports; or a change in
the exterior appearance; or a change in height, width or depth; or
moving a building or structure from one location or position to another;
or changing, adding to or removing from or otherwise affecting the
exterior appearance of a building or structure.
4.
APARTMENT - Shall mean the same as "Dwelling Unit."
5.
APPLICANT - Shall mean a developer submitting an application for
development.
6.
APPLICATION FOR DEVELOPMENT - Shall mean the application form and
all accompanying documents required by ordinance for approval of a
subdivision plat, site plan, planned development, conditional use,
zoning variance or direction of the issuance of a permit pursuant
to N.J.S.A. 40: 55D-34 or 40: 55D-36.
6A.
APPROVING AUTHORITY - Shall mean the planning board
unless a different agency is designated in this chapter when acting
pursuant to the authority of N.J.S.A. 40: 55D-1 et seq.
6B.
APPLIED LETTERS - Shall mean a type of wall sign
utilizing letters or a logo individually mounted on the facade of
the structure to form the sign message.
6C.
AREA IDENTIFICATION SIGN - Shall mean a sign to identify
a common area containing a group of structures, or a single structure,
such as a residential subdivision, apartment complex, industrial park,
or shopping center, located at the entrance or entrances of the area.
Such signs may or may not consist of a fence or wall or archway with
letters or symbols affixed thereto.
7.
AUTOMOBILE SERVICE STATION - Shall mean the same as "Motor Vehicle
Service Station."
7A.
AWNINGS AND CANOPIES - Shall mean roof-like coverings
extending over a walkway, sidewalk or exterior place, supported by
a frame attached to the building and/or ground with a surface made
of fabric or a more rigid material, such as plastic or metal, and
either retractable against the building or fixed in place.
7B.
BANNER - Shall mean any sign printed or displayed
upon cloth or other flexible material, with or without frames. National
flags, state or municipal flags or the official flag or any not-for-profit
institution shall not be considered banners for the purposes of this
chapter.
8.
BASEMENT - Shall mean a story partly underground and having more
than one-half of its height above the average level of the finished
grade at the front of the building.
8A.
BILLBOARD OR OUTDOOR ADVERTISING SIGN - Shall mean
a sign, which directs attention to a business, industry, profession,
commodity, service or entertainment not necessarily, sold or offered
upon the premises where the sign is located.
9.
BOARD OF ADJUSTMENT - Shall mean the board established pursuant to
N.J.S.A. 40: 55D-69. The term "board of adjustment" as used in this
chapter also means the planning board when it is acting pursuant to
N.J.S.A. 40:55D-60.
10.
BOARD OF ADJUSTMENT ENGINEER - Shall mean the licensed New Jersey
Professional Engineer specifically retained by the board of adjustment
(or assigned by the borough engineer with the consent of the board)
to render engineering services and advice to the board. In the absence
of the specific appointment of a board of adjustment engineer, the
borough engineer may assume the duties of the office.
11.
BUILDING - Shall mean a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having
a roof.
12.
BUILDABLE AREA - Shall mean that central portion of any lot between
required yards and/or setback lines.
13.
BUILDING AREA - Shall mean the total of areas of outside dimensions
on a horizontal plane at ground level of the principal building and
all accessory building, exclusive of unroofed porches, terraces or
steps having vertical faces, which at all points are less than three
feet above the level of the ground.
14.
BUILDING HEIGHT - Shall mean the vertical distance measured to the collar tie of a building or to the bottom of the rafters for a flat roof (subject to the exceptions listed in subsection 13-5.12) from the average elevation of the original lot grade or any revised lot grade shown on a site plan, subdivision plan, or plot plan approved by the borough engineer. Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height. Building height for all structures located in the area of special flood hazard as set forth on the National Flood Insurance Rate Maps (FIRM) and/ or Preliminary Flood Insurance Rate Maps (PFIRM) shall be measured from the base flood elevation, the advisory base flood elevations or the preliminary base flood elevation, whichever is greater. The height of accessory structures shall be measured to the peak of the structure.
15.
BUILDING LINE (SETBACK LINE) - Shall mean the line beyond which a
building shall not extend unless otherwise provided in this chapter.
16.
BUILDING PERMIT - Shall mean a permit issued for the alteration or
erection of a building or structure in accordance with the provisions
of the New Jersey Uniform Construction Code.
17.
BUILDING, PRINCIPAL - Shall mean a structure in which is conducted
the principal use of the site on which it is situated. In any district,
any dwelling shall be deemed to be a principal building on the lot
on which it is located.
17A.
CAPITAL IMPROVEMENT - Shall mean a governmental acquisition
of real property or major construction project.
17B.
CAMPER - Shall mean any self-propelled vehicle with
an on board engine, also called a recreational vehicle or RV, whether
used for living, recreational or business purposes.
18.
CARPORT - Shall mean an attached or detached accessory building designed
for the storage of motor vehicles and constructed primarily as an
open building with only a roof and the necessary supporting columns
and of an area between the columns not to exceed 200 square feet.
19.
CELLAR - Shall mean a story wholly or partly underground and having
more than one-half of its clear height below the average level of
the adjoining ground.
20.
CERTIFICATE OF COMPLETENESS - Shall mean a certificate issued by
the administrative officer after all required submissions have been
made in proper form, certifying that an application for development
is complete.
21.
CERTIFICATE OF OCCUPANCY shall mean a certificate issued upon completion
of construction and/or alteration of any building, or change in occupancy
of a commercial or industrial building. Said certificate shall acknowledge
compliance with all requirements of this chapter, such adjustments
granted by the board of adjustment or planning board and/or all other
applicable requirements.
22.
CHURCH - Shall mean a building or group of buildings, including customary
accessory buildings designed or intended for public worship. For the
purpose of this chapter, the word "Church" shall include chapels,
congregations, cathedrals, temples, and other similar designations,
as well as parish houses, convents and such accessory uses.
23.
CIRCULATION - Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, railways, waterways, towers, airways,
pipes and conduits and the handling of people and goods by such means
as terminals, stations, warehouses, and other storage buildings or
transshipment points.
24.
CODE ENFORCEMENT OFFICER/PUBLIC OFFICER - Shall mean the person appointed by the mayor and council and empowered to enforce all codes and ordinances of the borough of Union Beach, unless said power is specifically reserved for another designated officer of the borough, by provisions of the law. He shall also serve as "public officer" as defined by Section 10-2[1], and all the supplements and amendments thereto.
[1]
(Originally Ordinance No. 170, entitled, "An Ordinance Relating
to the Repair, Closing and Demolition of Buildings Unfit For Human
Habitation or Occupancy or Use, Establishing Minimum Standards Essential
to Making Buildings Fit for Human Habitation or Occupancy or Use,
and Providing for the Remedies and Procedure in Connection with Action
Thereunder, in the Borough of Union Beach, Monmouth County, New Jersey")
24A.
COLLAR TIE - Shall mean the board connecting or bracing
together pairs of rafters above the plate line.
25.
COMMON OPEN SPACE - Shall mean an open space area within or related
to a site designated as a development, and designed and intended for
the use or enjoyment of residents and owners of the development. Common
open space may contain such complementary structures and improvements
as are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
25A.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
- Shall mean any community residential facility licensed pursuant
to N.J.S.A. 30: 11B-1 et seq. providing food, shelter and personal
guidance under such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include
but not be limited to: group houses, halfway houses, intermediate
care facilities, supervised apartment living arrangements and hostels.
Such a residence shall not be considered a health care facility within
the meaning of the "Health Care Facilities Planning Law," N.J.S.A.
26: 2H-1 et seq. In the case of such a community residence housing
mentally ill persons, such residence shall have been approved for
a purchase of service contract or an affiliation agreement pursuant
to such procedures as shall be established by regulation of the division
of mental health and hospitals of the department of human services.
25B.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
- Shall mean any shelter approved for a purchase of service contract
and certified pursuant to standards and procedures established by
regulation of the New Jersey Department of Human Services pursuant
to N.J.S.A. 30:40-1-14 providing food, shelter, medical care, legal
assistance, personal guidance, and other services to not more than
15 persons who have been victims of domestic violence, including any
children of such victims, who temporarily require shelter and assistance
in order to protect their physical or psychological welfare.
26.
COMPLETE APPLICATION - Shall mean an application for development
which complies in all respects to the appropriate submission requirements
set forth in this chapter.
27.
CONDITIONAL USE - Shall mean a use permitted in a particular zoning
district only upon a showing that such use in a specified location
will comply with the conditions and standards for the location or
operation of such use as contained in this chapter, and upon the issuance
of an authorization by the planning board.
28.
CONSTRUCTION OFFICIAL/BUILDING INSPECTOR - Shall mean the person
defined in the Uniform Construction Code who is appointed by the mayor
and council to enforce the provisions of the code, and all other applicable
laws related thereto.
29.
CORNER LOT - Shall mean a lot on the junction of and abutting two
or more intersecting streets where the interior angle of intersection
does not exceed 135°. The minimum lot width and the minimum lot
depth shall be met at each abutting street.
30.
COUNTY MASTER PLAN - Shall mean a composite of the master plan for
the physical development of Monmouth County with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the county planning board pursuant to R.S. 40: 27-2 and R.S. 40:
27-4.
31.
COUNTY PLANNING BOARD - Shall mean the planning board of the County
of Monmouth.
32.
COVERAGE - Shall mean the same as "Lot Coverage."
33.
CURB LEVEL - Shall mean the officially established grade of the curb
in front of the midpoint of the front lot line.
34.
DAYS - Shall mean calendar days.
35.
DENSITY - Shall mean the permitted number of dwelling units per gross
area of land to be developed (see "Residential Density-Gross").
36.
DEVELOPER - Shall mean the legal or beneficial owner or owners of
a lot or of any land proposed to be included in a proposed development
including the holder of an option of contract to purchase, or other
person having an enforceable proprietary interest in such land.
37.
DEVELOPMENT - Shall mean the division of a parcel of land into two
or more parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to this
chapter.
37A.
DEVELOPMENTALLY DISABLED PERSON - Shall mean a person
who is developmentally disabled as defined in N.J.S.A. 30:11B-2, and
"mentally ill person" means a person who is afflicted with mental
illness as defined in N.J.S.A. 30:4-23, but shall not include a person
who has been committed after having been found not guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
38.
DEVELOPMENT PERMIT - Shall mean a document signed by the administrative
officer (1) which is required by ordinance as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building,
and (2) which acknowledges that such use, structure or building complies
with the provisions of this chapter or variance duly authorized by
a municipal agency.
39.
DEVELOPMENT REGULATION - Shall mean this chapter, official map ordinance
or other municipal regulation of the use and development of land,
or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1
et seq.
40.
DISTRICT - Shall mean any part of the territory of the borough, which
is designated on the accompanying zoning map and to which certain
uniform regulations and requirements of this chapter apply.
41.
DIVISION - Shall mean the Division of State and Regional Planning
in the New Jersey Department of Community Affairs.
41A.
DRAINAGE - Shall mean the removal of surface water
or groundwater from land by drains, grading or other means and includes
control of runoff during and after construction or development to
minimize erosion and sedimentation, to assure the adequacy of existing
and proposed culverts and bridges, to induce water recharge into the
ground where practical to lessen nonpoint pollution, to maintain the
integrity of stream channels for their biological functions as well
as for drainage, and the means necessary for water supply preservation
or prevention or alleviation of flooding.
42.
DRAINAGE RIGHT-OF-WAY - Shall mean the lands required for the installation
of storm water sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water therein to safeguard the public against flood damage.
43.
DWELLING - Shall mean any building or portion designed or used exclusively
for one or more dwelling units.
44.
DWELLING UNIT - Shall mean a building or part having cooking, sleeping
and sanitary facilities designed for, occupied by one family and which
is entirely separated from any other dwelling unit in the building
by vertical walls, or horizontal floors, unpierced, except for access
to the outside or a common cellar.
45.
DWELLING, SINGLE FAMILY - Shall mean a building designed for or containing
one dwelling unit.
46.
DWELLING, MULTI-FAMILY - Shall mean a building designed for, or containing
three or more dwelling units, which are entirely separated from each
other by vertical walls or horizontal floors, unpierced, except for
access to the outside or a common cellar.
47.
DWELLING, TOWNHOUSE - Shall mean a building designed for, or containing
three or more dwelling units, which are entirely separated from each
other by vertical walls, unpierced, except for access to the outside.
48.
EASEMENT - Shall mean the right of the borough, county, state, sewerage
authority or other public or quasipublic agency, their agents, servants
and employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
49.
EROSION - Shall mean the detachment and movement of soil or rock
fragments by water, wind, ice and gravity.
50.
ESSENTIAL SERVICES - Shall mean underground gas, electrical, telephone,
telegraph, steam or water transmission or distribution systems, including
mains, drains, sewers, pipes, conduits, cables; and including normal
above ground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals, hydrants, and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by public utilities or municipal
or other governmental agencies or for the public health or safety
or general welfare.
51.
EXEMPT DEVELOPMENT - Shall mean that site plan and/or subdivision
approval shall not be required for the following:
(a)
Construction, additions or alterations related to single family
detached dwellings on individual lots.
(b)
Interior alterations which do not increase the required number
of off-street parking spaces.
(c)
Any change of use of land or structure to a use for which the
standards of this chapter are the same or less restrictive or stringent.
(d)
Any increase in the total number of employees, number of employees
in any shift, or the number of vehicles to be stored or parked on
the site not exceeding 25% of the amount existing at the time of passage
of this chapter or as set forth at the time of a previous site plan
approval.
(e)
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site.
(f)
The construction, alteration of, or addition to any off-street
parking area which provides an increase of five or less vehicle parking
spaces.
(g)
Divisions of property, and conveyances so as to combine existing
lots, which are not considered to be subdivisions in accordance with
the definition of "Subdivision" contained within this section.
(h)
Home professional offices of less than 500 square feet within
existing buildings located in districts where such home professional
offices are permitted accessory uses or conditional uses, provided
that such office does not require more than five off-street parking
spaces pursuant to the provisions of this chapter.
52.
FAMILY - Shall mean one or more persons living together as a single
entity or nonprofit housekeeping unit, as distinguished from individuals
or groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
53.
FENCE- Shall mean an artificially constructed barrier of wood, masonry,
stone, wire, metal or any other manufactured material or combination
of materials.
54.
FENCE, OPEN - Shall mean a fence in which one-half of the area, between
grade level and the top cross member (wire, wood or other material),
is open.
55.
FINAL APPROVAL - Shall mean the official action of the planning board
taken on a preliminary approved major subdivision or site plan after
all conditions, engineering plans and other requirements have been
completed or fulfilled and the required improvements have been installed
or guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
56.
FINAL PLAT - Shall mean the final map of all or a portion of the
site plan or subdivision which is presented to the planning board
for final approval in accordance with the provisions of this chapter.
57.
FLOOR AREA - Shall mean the sum of the gross horizontal areas of
the floor or several floors of a building measured between the inside
faces of exterior walls, or from the centerline of walls common to
two dwelling units or uses. For nonresidential uses, floor areas shall
include basements, cellars and storage areas.
57A.
FLOOR AREA RATIO - Shall mean the sum of the area
of all floors of buildings or structures compared to the total area
of the site.
57B.
FOOD SERVICE - Shall mean establishments that provide
food services at institutional, governmental, commercial, or industrial
locations of others based on contractual arrangements with these type
of organizations for a specified period of time. The establishments
of this industry provide food services for the convenience of the
contracting organization or the contracting organization's customers.
The contractual arrangement of these establishments with contracting
organizations may vary from type of facility operated (e.g., cafeteria,
restaurant, fast-food eating place), revenue sharing, cost structure,
to providing personnel.
58.
FREESTANDING OR GROUND SIGN - Shall mean any sign supported by permanent
structures or supports that are placed on or anchored in the ground
and that are independent from any building or other structure.
58A.
FRONT BUILDING FACE/FACADE - Shall mean the total
wall surface, including door and window area, of a building's principal
face. A mansard roof shall be considered as part of the facade.
59.
GARAGE - Shall mean a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles
of the occupants of the main building to which the garage is accessory.
60.
GAS STATION - Shall mean the same as "Motor Vehicle Service Station."
61.
GRADE, FINISHED - Shall mean the completed surface of lawns, walks
and roads brought to grade as shown on official plans or designs relating
thereto or as existing if no plans or designs have been approved.
62.
GROSS FLOOR AREA - Shall mean the same as "floor area."
63.
GROSS HABITABLE FLOOR AREA - Shall mean the sum of the gross horizontal
areas of the floor or several floors of a dwelling measured between
the inside face of exterior walls or from the centerline of walls
separating two dwelling units, having a clear height from finished
floor to finished ceiling of not less than 7 1/2 feet, except
that in attics and top half stories the height shall be not less than
7 1/3 feet over not less than one-third the area of the floor
when used for sleeping, study or similar activity, but not including
any unfinished cellar or basement, or any garage space, breezeway,
interior patios, enclosed porches or accessory building space.
64.
HISTORIC SITE - Shall mean any building, structure, area or property
that is significant in the history, architecture, archeology or culture
of the Borough of Union Beach, of Monmouth County, the State of New
Jersey or the Nation and has been so designated pursuant to N.J.S.A.
40:55D-1 et seq.
65.
HOME OCCUPATION - Shall mean any gainful employment, or occupation,
of one or more members of the resident family, which shall constitute,
either entirely or partly, the means of livelihood of such member
or members, and which shall be conducted in clearly secondary or accessory
use to the primary residential use of the principal structure. Such
occupation may be pursued in the principal dwelling structure, or
in a secondary building, which is accessory to such principal structure.
Home occupations may include, but are not limited to, such activities
as dressmaking, millinery, watchmaking, electrical, radio repair and
carpentry. The retail sale of goods or services in structures designed
or altered to make such activities the primary use of the site shall
not be construed to be a home occupation.
66.
HOME PROFESSIONAL OFFICE - Shall mean any professional use conducted
entirely within the dwelling or accessory building to the dwelling
which is the bonafide residence of the practitioner. The restrictions
as outlined under home occupations shall apply.
67.
HOTEL - Shall mean a building designed for occupancy as the temporary
residence for individuals who are lodged, with or without meals, and
in which no provision shall be made for cooking in any individual
room or suite.
68.
IMPROVED STREET - Shall mean a street curbed and paved in accordance
with the standards set forth in this chapter for new streets or, alternately,
a street which has been accepted and maintained by the borough.
69.
INTERESTED PARTY - Shall mean in a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and in the case of a civil
proceeding in any court or in an administrative proceeding before
a municipal agency, any person, whether residing within or without
the municipality, whose right to use, acquire, or enjoy property is
or may be affected by any action taken under this chapter and/or pursuant
to the provisions of N.J.S.A. 40:55D-1 et seq. or whose rights to
use, acquire, or enjoy property under the provisions of N.J.S.A. 40:55D-1
et seq., or under any other law of this state or of the United States
have been denied, violated or infringed by an action or a failure
to act under this chapter.
70.
INTERIOR OR INSIDE LOT - Shall mean a lot bounded by a street on
one side only.
71.
INTERIOR STREET OR ROAD - Shall mean a street or road that is developed
wholly within a parcel under one ownership and meeting all borough
standards.
72.
LAND - Shall mean and include improvements and fixtures on, above
or below the surface.
73.
LIGHT MANUFACTURING - Shall mean the fabrication, assembly or processing
of goods or materials, or the storage of bulk goods and materials
where such activities or materials create no hazard from fire or explosion,
or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust
or vapor, offensive noise or vibration, glare, flashes or objectionable
effluent.
74.
LOADING SPACE - Shall mean an off-street space for the temporary
parking of a commercial vehicle while loading or unloading. Such space
must have clear means of ingress and egress to a public street at
all times.
75.
LOT - Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
76.
LOT AREA - Shall mean the acreage and/or square footage of a lot
contained within the lot lines of the property. Any portion of a lot
included in a street right-of-way shall not be included in calculating
lot area. Portions of lots encumbered by easements shall be included
in calculating lot area.
77.
LOT COVERAGE - Shall mean the area of a lot covered by buildings
and structures and expressed as a percentage of the total lot area.
78.
LOT DEPTH - Shall mean the mean horizontal distance between the front
lot line and the rear lot line as measured from the midpoint of the
front and rear lot lines.
79.
LOT FRONTAGE - Shall mean the horizontal distance of lot lines or
portions thereof which are coextensive or closely parallel with a
street line of an improved paved street. In the case of a street of
undefined width, said lot lines shall be assumed to parallel the centerline
of the street at a distance of 50% of the statutory street right-of-way
width.
80.
LOT LINE - Shall mean any line designating the extent or boundary
of a lot which shall further be defined as follows:
81.
LOT WIDTH - Shall mean the mean horizontal distance between side
lot lines, but in no case shall the front line be less than 50 feet.
82.
MAINTENANCE GUARANTEE - Shall mean any security other than cash which
may be accepted by the borough for the maintenance of any improvements
required by the development regulations.
83.
MAJOR SUBDIVISION - Shall mean any subdivision not classified as
a minor subdivision.
84.
MANUFACTURING - Shall mean the treatment or processing of raw products,
and the production of articles or finished products from raw or prepared
materials by giving them new forms or qualities.
85.
MARINA - Shall mean any waterfront facility wherein berthing spaces
for any and all watercraft or boats are provided. A marina shall be
deemed to include, in addition, automobile parking facilities; sanitary
facilities; motor fuel sales; boat sales, repairs, maintenance and
service, excluding, however, facilities for the construction of new
boats.
85A.
MARQUEE SIGN - Shall mean a permanent roof-like structure
projecting beyond a building or extending along and projecting beyond
the wall of the building and supported in part from the ground, generally
designed and constructed to provide protection to the weather.
86.
MASTER PLAN - Shall mean a composite of one or more written or graphic
proposals for the development of the borough as set forth in and adopted
pursuant to N.J.S.A. 40:55D-28.
87.
MINOR SUBDIVISION - Shall mean any subdivision of land that does
not involve the creation of more than three lots fronting on an existing
improved street and does not involve a planned development, any new
street or road provided that the planning board unanimously finds
that the following conditions have been met:
(a)
That curbs and sidewalks have been installed or that the developer
agrees to install and post performance guarantees for curbs and sidewalks,
or that curbs and sidewalks are not required due to specific conditions
in the area and are waived as a requirement by the board.
(b)
That the subdivision does not require the extension of municipal
facilities at the expense of the municipality.
(c)
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns of the basin in which the lots
are situated.
(d)
That the subdivision will not adversely affect the development
of the remainder of the parcel or the adjoining property.
(e)
That the subdivision is not in conflict with any provision or
portion of the master plan, official map or this chapter including
zoning regulations or amendments thereto.
(f)
That in the event a drainage fund has been established by the
borough or Monmouth County an assessment has been charged to the lots
and has been paid.
(g)
That no portion of the lands involved have constituted a part
of a minor subdivision within two years preceding the application.
The planning board may also classify consolidations of lots
and resubdivisions to readjust lot lines as "minor subdivisions" regardless
of the number of lots involved.
88.
MOTOR VEHICLE SERVICE STATION - Shall mean any area of land, including
structures thereon, which is used for the retail sale of gasoline
or any other motor vehicle fuel and oil and other lubricating substances,
including any sale of motor vehicle accessories and which may include
facilities for lubricating, or servicing of motor vehicles, except
that auto body work of any nature and retail sales unrelated to motor
vehicle uses shall be prohibited.
89.
MUNICIPAL AGENCY - Shall mean the planning board or board of adjustment
or governing body of the borough when acting pursuant to N.J.S.A.
40:55D-1 et seq. and this chapter.
90.
NONCONFORMING LOT - Shall mean a lot the area, dimension or location
of which was lawful prior to adoption, revision or amendment to this
chapter, but fails to conform to the requirements of the zone district
in which it is located by reasons of such adoption, revision or amendment.
90A.
NONCONFORMING SIGN - Shall mean any sign that does
not conform to the requirements of this chapter.
91.
NONCONFORMING STRUCTURE - Shall mean a structure the size, dimension
or location of which was lawful prior to the adoption, revision or
amendment of this chapter, but which fails to conform to the requirements
of the zone district in which it is located by reasons of such adoption,
revision or amendment.
92.
NONCONFORMING USE - Shall mean a use or activity which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zone district in
which it is located by reason of such adoption, revision or amendment.
92A.
NONPOINT SOURCE POLLUTION - Shall mean pollution
from any source other than from any discernible, confined, and discrete
conveyance, and shall include but not be limited to, pollutants from
agricultural, silvacultural, mining, construction, subsurface disposal
and urban runoff sources.
93.
OCCUPANCY - Shall mean the specific purpose for which land or a building
is used, designed or maintained.
94.
OCCUPANCY PERMIT - Shall mean the same as "certificate of occupancy."
95.
OFFICIAL COUNTY MAP - Shall mean the map, with changes and additions
thereto, adopted and established, from time to time, by resolution
of the Board of Chosen Freeholders of Monmouth County pursuant to
N.J.S.A. 40: 27-5.
96.
OFFICIAL MAP - Shall mean a map adopted by ordinance by the borough
council pursuant to N.J.S.A. 40:55D-32 et seq.
96A.
OFFICE ADMINISTRATIVE SERVICES - This industry comprises
establishments primarily engaged in providing a range of day-to-day
office administrative services, such as financial planning; billing
and recordkeeping; personnel; and physical distribution and logistics
for others on a contract or fee basis. These establishments do not
provide operating staff to carry out the complete operations of a
business.
97.
OFF-SITE - Shall mean located outside the lot lines of the lot in
question, but within the property (of which the lot is a part) which
is the subject of a development application or contiguous portion
of a street or right-of-way.
98.
OFF-TRACT - Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
99.
ON-SITE - Shall mean located on the lot in question.
100.
ON-TRACT - Shall mean located on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
101.
OPEN SPACE - Shall mean any parcel or area of land or water
essentially unimproved and set aside, dedicated, designated or reserved
for public or private use of enjoyment or for the use and enjoyment
of owners and occupants of land adjoining or neighboring such open
space; provided that such areas may be improved with only those buildings,
structures, streets and off-street parking and other improvements
that are designed to be incidental to the natural openness of the
land.
102.
OPEN SPACE, UNOCCUPIED - Shall mean an unoccupied, grassed,
wooded or landscaped area open to the sky on the same lot with a principal
and/or accessory building. Improved sidewalks, paved paths or other
pedestrian ways within an unoccupied open space area, which exceed
four feet in width, shall be deducted in determining the unoccupied
open space area. Parking area or traffic channelization islands which
are not landscaped or which have an area less than 350 square feet
shall not be considered as unoccupied open space.
103.
PARKING AREA, PRIVATE - Shall mean an open area, other than
street, intended for the same use as a garage.
104.
PARKING AREA, PUBLIC - Shall mean a paved open area, other than
a street or other public way, used for the parking of automobiles
and available to the public, whether for a fee, free or as an accommodation
of clients or customers.
105.
PARKING SPACE - Shall mean an off-street space provided for
the parking of a motor vehicle with a minimum area of 200 square feet,
exclusive of driveways or access drives.
106.
PARTY IMMEDIATELY CONCERNED - Shall mean for purposes of notice
any applicant for development, the owners of the subject property
and all owners of property and government agencies entitled to notice
under N.J.S.A. 40:55D-12.
107.
PERFORMANCE GUARANTEE - Shall mean any security, which may be
accepted by the borough including cash; providing that the borough
shall not require more than 10% of the total performance guarantee
in cash.
108.
PLANNING BOARD - Shall mean the Borough of Union Beach Planning
Board established pursuant to N.J.S.A. 40:55D-23. The term planning
board as used in this chapter also means the board of adjustment when
it is acting pursuant to N.J.S.A. 50:55D-76.
109.
PLANNING BOARD ENGINEER - Shall mean the licensed New Jersey
Professional Engineer specifically retained by the planning board
or assigned by the borough engineer (with the consent of the board)
to render engineering services and advice to the board. In the absence
of the specific appointment of a planning board engineer, the borough
engineer may assume the duties of the office.
109A.
PLAT - Shall mean a map or maps of a subdivision
or site plan.
109B.
PMS COLOR SAMPLES - Shall mean the Pantone Matching
System, a set of standard colors with each color designated by a number.
110.
PRELIMINARY APPROVAL - Shall mean the conferral of certain rights
pursuant to N.J.S.A. 40: 55-46, 48 and 49 prior to final approval
after specific elements of a development plan have been agreed upon
by the planning board and the applicant.
111.
PRELIMINARY FLOOR PLANS AND ELEVATIONS - Shall mean architectural
drawings prepared during early and introductory stages of the design
of a project illustrating in a schematic form, its scopes, scale,
relationship to its site and immediate environs and exterior colors
and finishes.
112.
PREMISES - Shall mean a lot or tract of land or any combination
thereof held under a single ownership or control.
113.
PRIMARY OR PRINCIPAL USE - Shall mean the primary or principal
purpose for which a building, structure or lot is used.
114.
PRIVATE BEACH CLUB - Shall mean a primarily recreational use
such as swimming pools, tennis courts or ocean beach and also occupying
a building of at least 3,000 square feet of floor area. Use of the
facility shall be on ownership or on an annual membership basis, and
no living quarters except for employees shall be provided.
115.
PROFESSIONAL SCIENTIFIC AND TECHNICAL SERVICE - Shall mean and
include establishments that specialize in performing professional,
scientific, and technical activities for others. The establishments
in this sector specialize according to expertise and provide the services
to clients in a variety of industries and, in some cases, to households.
Activities performed include: legal advice and representation; accounting,
bookkeeping, and payroll services; architectural, engineering, and
specialized design services; computer services; consulting services;
research services; advertising services; photographic services; translation
and interpretation services; veterinary services; and other professional,
scientific, and technical services.
115A.
PROFESSIONAL USE - Shall mean the offices of a dentist,
doctor, attorney, accountant, engineer or architect. Where such offices
are part of a structure where there are residences, the restrictions
as outlined under "Home occupations" shall apply.
116.
PROHIBITED USE - Shall mean that use which is not specifically
allowed or permitted in a particular zone and for which the granting
of a variance under N.J.S.A. 40:55D-70d, would be necessary, in order
to provide that use in that particular zone.
117.
PROJECTING SIGN - Shall mean any sign affixed to a building
or wall in such a manner that its leading edge extends more than one
foot beyond the surface of such building or wall.
117A.
PUBLIC AREAS - Shall mean (i) public parks, playgrounds,
trails, paths and other recreational areas; (ii) other public open
spaces; (iii) scenic and historic sites; and (iv) sites for schools
and other public buildings and structures.
118.
PUBLIC DEVELOPMENT PROPOSAL - Shall mean a master plan, capital
improvement program or other proposal for land development adopted
by the appropriate public body, or any amendment thereto.
119.
PUBLIC DRAINAGE WAY - Shall mean the land reserved or dedicated
for the installation of storm water sewers or drainage ditches, or
required along a natural stream or watercourse for preserving the
biological as well as drainage function of the channel and providing
for the flow of water to safeguard the public against flood damage,
sedimentation and erosion and to assure the adequacy of existing and
proposed culverts and bridges, to induce water recharge into the ground
where practical, and to lessen nonpoint pollution.
120.
PUBLIC OPEN SPACE - Shall mean an open space area conveyed or
otherwise dedicated to the borough or municipal agency, board of education,
state or county agency, or other public body for recreational or conservational
uses.
120A.
PUBLIC SERVICE INFRASTRUCTURE - Shall mean sewer
service, gas, electricity, water, telephone, cable television, and
other public utilities developed linearly, roads and streets and other
similar services provided or maintained by any public or private entity.
120B.
QUONSET - Shall mean a permanent or temporary building,
consisting of any combination of materials which form a rigid construction
having a semicircular arching roof or a peaked roof, including a large
tent or tent-like structure.
121.
QUORUM - Shall mean the majority of the full authorized membership
of a municipal agency.
122.
RESIDENTIAL DENSITY, GROSS - Shall mean the number of dwelling
units, which may be or are developed per acre of land, including areas
used for public access and/or open space.
123.
RESIDENTIAL DENSITY, NET - Shall mean the number of dwelling
units, which may be or are developed per acre of land exclusive of
areas used for public access and/or open space.
124.
RESUBDIVISION - Shall mean (1) the further division or relocation
of lot lines of any lot or lots within a subdivision previously made
and approved or recorded according to law or (2) the alteration of
any streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
by other instrument.
125.
RETAINING WALL - Shall mean a structure more than 18 inches
high erected between lands of different elevation to protect structures
and/or to prevent the washing down or erosion of earth from the upper
slope level.
125A.
SANDWICH SIGN - Shall mean an A-shaped temporary
and easily movable ground sign, usually two-sided used for advertising
commodities, services or entertainment usually conducted upon the
premises where the sign is located.
126.
SCREENING - Shall mean any concentration or grouping of trees
or shrubbery as may be required by this chapter.
126A.
SEDIMENT - Shall mean solid material, both mineral
and organic, that is in suspension, is being transported or has been
moved from its site or origin by air, water, or gravity as a product
of erosion.
126B.
SEDIMENTATION - Shall mean the transport and depositing
of solid material by water.
126C.
SEDIMENT BASIN - Shall mean a barrier or dam built
at suitable locations to retain rock, sand, gravel, silt or other
materials.
127.
SERVICE ACCESS - Shall mean that portion of any required yard
area which is set aside for the sole purpose of access from the road
adjoining the premises to the loading or unloading area on the premises,
to service the building erected or the use conducted thereon.
128.
SECONDARY USE - Shall mean the same as "Accessory Use."
129.
(Reserved)
130.
SETBACK - Shall mean the horizontal distance between a building
or structure and any front, side or rear lot line, measured perpendicular
to such lot lines at the point where the building is closest to such
lot lines.
131.
SETBACK LINE (BUILDING LINE) - Shall mean the line beyond which a building or structure shall not extend unless otherwise provided in this chapter, except that a second story or higher story may have an overhang or cantilever which extends for a distance of not more than one foot into the required setback, and the structures described in subsection 13-5.5(c), which may extend for a distance of not more than two feet into the required setback.
132.
SIGN - Shall mean a structure, building wall or other outdoor
surface, or any device used for visual communications in order to
bring the subject thereof to the attention of the public, and/or to
display, identify and/or publicize the name, location and/or products
or service of any person.
133.
SIGN AREA - Shall mean the area defined by the outside edge
of the frame surrounding the sign or by the edge of the sign if no
frame exists. Where no frame or edge exists, the area shall be defined
by a projected enclosed four-sided (straight lines) geometric shape
which most closely outlines the sign.
134.
SITE PLAN - Shall mean a development plan of one or more lots
on which is shown (1) the existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways, (2) the location of
all existing and proposed buildings, drives, parking spaces, walkways,
means of ingress and egress, drainage facilities, utility services,
landscaping, structures and signs, lighting, screening devices, and
(3) any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter requiring review and approval of site plans by the planning
board adopted pursuant to N.J.S.A. 40:55D-1 et seq.
134A.
STANDARDS OF PERFORMANCE - Shall mean standards (i)
adopted by ordinance pursuant to N.J.S.A. 40:55-D65d regulating noise
levels, glare, earthborne or sonic vibrations, heat, electronic or
atomic radiation, noxious odors, toxic matters, explosive and unflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such similar matters as may
be reasonably required by the borough or (ii) required by applicable
federal or state laws or borough ordinances.
135.
STORY - Shall mean that portion of a building included between
the surface of any floor and the surface of that next floor above
it, or if there is no floor above it, then the space between the floor
and the ceiling next above it. No "story" shall be deemed to be a
first story if its floor level is more than six feet above the level
from which the height of the building is measured. A mezzanine floor
shall be counted as a "story" if it covers over one-third the area
of the floor next below it. For the purpose of this chapter, a bi-level
or split-level dwelling shall be considered a one-story structure.
136.
STORY, HALF - Shall mean that portion of a building under a
gable, hip or gambrel roof, the wall plates of which on at least two
opposite exterior walls are not more than two feet above the floor
of such half-story. A basement shall also be included as a half-story.
137.
STREET - Shall mean a right-of-way which is open to public travel
and which has been accepted for use and maintenance by the State of
New Jersey, County of Monmouth or the Borough of Union Beach.
138.
STREET LINE - Shall mean that line determining the limit of
the highway rights of the public, either existing or contemplated.
139.
STRUCTURE - Shall mean any combination of materials to form
a construction for occupancy, use or ornamentation whether installed
on, above, or below the surface of a parcel of land, including paved
driveways, unroofed decks, porches, balconies or other extensions
of buildings whether the flooring thereof permits the passage of rain
or water runoff or not, but shall not include ground covers of gravel,
stone, wood chips or other substances easily permeable by rain and
other surface water.
140.
STRUCTURAL ALTERATIONS - Shall mean the same as "alterations."
141.
SUBDIVIDER - Shall mean any person or entity commencing proceedings
under this chapter to effect the subdivision of land hereunder.
142.
SUBDIVISION - Shall mean the division of a lot, tract or parcel
of land into two or more lots, tracts, parcels or other divisions
of land for sale or development. The following shall not be considered
subdivisions within the meaning of this chapter, if no new streets
are created: (i) divisions of land found by the planning board or
subdivision committee thereof appointed by the chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size, (ii) divisions of property by testamentary or intestate
provisions, (iii) division of property upon court order, including
but not limited to judgments of foreclosure, (iv) consolidation of
existing lots by deed or other recorded instrument and (v) the conveyance
of one or more adjoining lots, tracts or parcels of land, owned by
the same person or persons and all of which are found and certified
by the administrative officer to conform to the requirements of the
municipal development regulations and are shown and designated as
separate lots, tracts or parcels on the tax map or atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
143.
SWIMMING POOL, COMMERCIAL - Shall mean a swimming pool that
is operated for profit and open to the public or to a limited number
of members and their guests, upon payment of an hourly, daily, weekly,
monthly, annual or other fee or operated as a service rendered by
a hotel, motel or apartment development whose units are rented to
transient or permanent residents.
144.
SWIMMING POOL, PRIVATE - Shall mean a swimming pool located
on a single-family lot with a residence on it and used as an accessory
to the residence, and said pool is utilized with no admission charges
and not for the purpose of profit.
144A.
TEMPORARY SIGN - Shall mean any sign that is used
only temporarily and is not permanently mounted.
144B.
TRAILER - Shall mean any structure or vehicle originally
designed to be transported on integral wheels including lunch wagons,
camping trailers, storage trailers, or other similar vehicles or structures
whether used for living, recreational or business purposes.
144C.
TRANSCRIPT - Shall mean a typed or printed verbatim
record of the proceedings before the municipal agency or a reproduction
thereof.
145.
VARIANCE - Shall mean permission to depart from the literal
requirements of the Land Use and Development Regulations of this chapter
pursuant to N.J.S.A. 40:55D-40b, 70c, 70d.
146.
USE - Shall mean the specific purposes for which a parcel of
land or a building or a portion of a building is designed, arranged,
intended, occupied or maintained. The term "permitted use" or its
equivalent shall not be deemed to include any nonconforming use.
147.
WALL SIGN - Shall mean any sign attached to any part of a building,
as contrasted to a freestanding sign.
147A.
WINDOW SIGN - Shall mean a sign, pictures, symbol,
or combination thereof, designed to communicate information about
an activity, business, commodity, event, sale or service that is placed
inside a window or upon the windowpanes or glass and is visible from
the exterior of the window.
148.
YARD - Shall mean an open unoccupied space, on the same lot
with a building and unobstructed from the ground to the sky.
149.
YARD, FRONT - Shall mean a yard extending the full width of
the lot and not less in depth than the minimum distance required between
the street line and the front yard building setback in each district.
150.
YARD, REAR - Shall mean a yard extending the full width of the
lot between the extreme rear line of the principal building and the
rear lot line.
151.
YARD, SIDE - Shall mean a yard between the principal building
or attached structure and the adjacent side line of the lot and extending
from the front yard to the rear yard.
152.
ZONE - Shall mean the same as "District," or "Zone District."
153.
ZONING OFFICER - Shall mean the official of the Borough of Union
Beach designated to enforce the provisions of this chapter. The zoning
officer shall also be the administrative officer in matters pertaining
to issuance of permits, and enforcement.
a.
ANTENNA
ANTENNA SUPPORT STRUCTURE
COLLOCATION
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFS)
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFS)
TELECOMMUNICATIONS TOWER
WIRELESS COMMUNICATIONS
Definitions: Personal wireless telecommunications facilities and equipment are not to be considered essential services as defined in subsection 13-2.3a, 50.
Means a system of electrical conductors that transmit or
receive radio frequency signals for wireless communications.
Means a structure other than a telecommunications tower which
is attached to a building and on which one or more antennas are located.
Means use of a common PWTF or a common site by two or more
wireless license holders or by one wireless license holder for more
than one type of communications technology and/or placement of a PWTF
on a structure owned or operated by a utility or other public entity.
Means accessory facilities serving and subordinate in area,
extent and purpose to, and on the same lot as a telecommunications
tower or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, and
security fencing.
Means facilities for the provision of wireless communications
services, including, but not limited to, antennas, antenna support
structures, telecommunications towers, and related facilities other
than PWTEFs.
Means a freestanding structure on which one or more antennas
are located, including lattice towers, guyed towers, monopoles and
similar structures.
Means any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally-licensed amateur radio station operation or is used exclusively
for receive only antennas, nor does it include noncellular telephone
services.
a.
ADMINISTRATOR
BOARD
HYBRID SYSTEM
KW
METEOROLOGICAL TOWER OR MET TOWER
MW
OWNER
ROTOR DIAMETER
TOTAL HEIGHT
TOWER, WIND ENERGY SYSTEM
WIND ENERGY SYSTEM OR WIND ENERGY FACILITY
WIND ENERGY SYSTEM, MICRO SYSTEM
WIND ENERGY SYSTEM, SMALL SYSTEM
WIND GENERATOR
WIND POWER
WIND TURBINE
WIND TURBINE HEIGHT
Certain words, phrases and terms in this chapter with respect to
wind energy systems or facilities are defined for the purpose herein
as follows:
Shall mean the Borough of Union Beach Zoning Officer or Planning
Board Secretary.
Shall mean the Borough of Union Beach Planning Board or Zoning
Board of Adjustment.
Shall mean an energy system that uses more than one technology
to produce energy or work (i.e. wind/solar system).
Shall mean kilowatt.
Shall mean a structure designed to support the gathering
of wind energy resource data, and includes the tower, base plate,
anchors, guy cables and hardware, anemometers (wind speed indicators),
wind direction vanes, booms to hold equipment anemometers and vanes,
data logger, instrument writing, and any telemetry devices that are
used to monitor or transmit wind speed and wind flow characteristics
over a period of time for either instantaneous wind information or
to characterize the wind resource at a given location.
Shall mean megawatt.
Shall mean the individual or entity that intends to own and
operate the wind energy system in accordance with this chapter XIII,
Land Use and Development Regulations.
Shall mean the cross sectional dimension of the circle swept
by the rotating blades of a wind-powered energy generator.
Shall mean, in relation to a wind energy system, the vertical
distance from the ground to the tip of a wind generator blade when
the tip is at its highest point.
Shall mean a monopole, freestanding, or guyed structure that
supports a wind generator.
Shall mean an electric generating system whose main purpose
is to supply electricity, consisting of one or more wind turbines
and other accessory structures and buildings, including substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenances and facilities.
Shall mean a single building mounted wind turbine that has
a manufacturer's rating of 10kW or less and projects not more than
60 feet above the existing grade and shall not be considered a small
wind energy system in terms of the area or set back requirements.
Only one facility is allowed pre-residential or commercial structure.
Shall mean a wind energy facility system which has a rated
capacity of not more than 15 kW.
Shall mean equipment that converts energy from the wind into
electricity. This term includes the rotor, blades and associated mechanical
and electrical conversion components necessary to generate, store
and/or transfer energy.
Shall mean electric power generated by wind driven turbine
blades turning an electric generator.
Shall mean a wind energy conversion system that converts
wind energy into electricity through the use of a wind turbine generator
and may include a nacelle, rotor, tower, and pad transformer.
Shall mean the distance measured from the highest grade to
the highest point of the turbine rotor or tip of the turbine blade
when it reaches the highest elevation.
[Ord. #324; Ord. #334; Ord. #493; Ord. #98-780; Ord. #2006-81]
a.
Establishment. The planning board and zoning board presently in existence
are abolished. A planning board is hereby established which will be
known as the "Planning Board of the Borough of Union Beach" which
will exercise all of the powers of a planning board pursuant to N.J.S.A.
40:55D-25 and all of the powers of a zoning board of adjustment pursuant
to N.J.S.A. 40:55D-70 and as otherwise provided by the Municipal Land
Use Law (MLUL), N.J.S.A. 40:55D-1, et seq., and other statutes and
laws of the State of New Jersey. The planning board shall consist
of nine members of the following four classes:
Class I. The mayor or, in the event of the mayor's absence, the mayor's designee. Pursuant to N.J.S.A. 40:55D-25c(1) the class I member will not participate in the consideration of applications which involve relief pursuant to subsection d of N.J.S.A. 40:55D-70, commonly known as "use" variances.
Class II. One of the officials of the borough other than a member
of the borough council to be appointed by the mayor; provided that
if there is an environmental commission, the member of the environmental
commission who is also a member of the planning board as required
by N.J.S.A. 40:56A-1 may be deemed to be the class II planning board
member if there is a member of the board of education among the class
IV members.
Class III. A member of the borough council to be appointed by it. Pursuant to N.J.S.A. 40:55D-25c(1) the class III member will not participate in the consideration of applications which involve relief pursuant to subsection d of N.J.S.A. 40:55D-70, commonly known as "use" variances.
Class IV. Six other citizens of the municipality to be appointed
by the mayor. No class IV member shall hold any other municipal office
except that one class IV member may be a member of the board of education
or the environmental commission if an environmental commission is
so established by the mayor and council of this borough. In the event
that the mayor and council shall establish an environmental commission,
any member of the environmental commission who shall serve on this
planning board in addition to a member of the board of education may
be deemed to be a class II member.
Alternates. The mayor may appoint not more than two alternate
members with the advice of the borough council. Alternate members
shall meet the qualifications of Class IV members. Alternate members
shall be designated at the time of appointment by the mayor as "alternate
no. 1" and "alternate no. 2." Alternate members may participate in
discussions of the proceedings, but may not vote except in the absence
or disqualification of a regular member of any class. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, alternate no. 1 shall vote. An
alternate member may, after public hearing if he requests one, be
removed by the governing body for cause.
b.
Terms. The term of a class I member shall correspond with his official
tenure as mayor. The terms of class II and class III members shall
be for one year unless their terms as municipal officials shall expire
before that time except for a class II member who is also a member
of the environmental commission. The term of a class II or a class
IV member who is also a member of the environmental commission shall
be for three years unless his term as a member of the environmental
commission shall expire before that time.
The term of any class IV member who is also a member of the
board of education shall terminate when he is no longer a member of
that board or at the completion of his term as a class IV member,
whichever occurs first.
The terms of all class IV members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four years after their appointment as determined by resolution
of the borough council, provided, however, that no term of any member
shall exceed four years. Thereafter all class IV members shall be
appointed for terms of four years, except as otherwise provided. All
terms after the first terms shall commence on the date in January
of each year when the borough council shall hold its annual reorganization
meeting.
The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
c.
Conflicts. No member of the planning board shall be permitted to
act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
d.
Vacancies. A vacancy in any class shall be filled in the same manner
as an original appointment, except that the person appointed to fill
the vacancy shall serve the remainder of the unexpired term.
e.
Removal. Any member other than a class I member, after a public hearing,
if he requests one, may be removed by the borough council for cause.
f.
Organization of Board. The planning board shall elect a chairman
and vice chairman from the members of class IV and select a secretary
who may be either a member of the planning board or a municipal employee
or other person designated by it to serve in that capacity.
g.
Planning Board Attorney. There is hereby created the office of planning
board attorney. The planning board may annually appoint, fix the compensation
of, or agree upon the rate of compensation of a planning board attorney.
The planning board attorney shall be an attorney admitted to practice
law in the State of New Jersey and shall be some other person than
the attorney for the borough or the attorney for the zoning board
of adjustment.
h.
Experts and Staff. The planning board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The board may not, however, exceed, exclusive of gifts
and grants, the amount appropriated to it by the government for its
use.
i.
Power and Duties. The planning board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter as well as the provisions of N.J.S.A. 40:55D-1, et
seq. In the issuance of subpoenas, administration of oaths and taking
of testimony the Law of 1953, chapter 38 (N.J.S.A. 2A:67A-1 et seq.)
shall apply. The planning board shall have the following powers and
duties:
1.
To make and adopt and from time to time amend a master plan for the
physical development of the municipality, including any areas outside
its boundaries, which in the board's judgment bear essential relation
to the planning of the municipality, in accordance with the provisions
of N.J.S.A. 40:55D-28.
2.
To administer site plan and land subdivision review in accordance
with the provisions of this chapter and N.J.S.A. 40:55D-37 through
59.
3.
To grant exceptions from certain requirements for subdivision and
site plan approval pursuant to N.J.S.A. 40:55D-51.
4.
To approve conditional use applications in accordance with the provisions
of this chapter and pursuant to N.J.S.A. 40:55D-67.
5.
To exercise generally and to the same extent and subject to the same
restrictions as the former zoning board of adjustment the powers set
forth in N.J.S.A. 40:55D-70 to:
(a)
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by an administrative official or agency based on or made in the
enforcement of the provisions of this chapter adopted pursuant to
N.J.S.A. 40:55D-62 through 68.
(1)
Appeals to the board of adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
borough based on or made in the enforcement of the zoning provisions
of this chapter or the official map. Such appeal shall be taken within
20 days by filing a notice of appeal with the officer from whom the
appeal is taken specifying the grounds of such appeal. The officer
from whom the appeal is taken shall immediately transmit to the board
all papers constituting the record upon which the action appealed
was taken. A developer may file an application for development with
the board for action under any of its powers without prior application
to an administrative officer.
(2)
An appeal stays all proceedings in furtherance of the action
in respect of which the decision appealed from was made, unless the
officer from whom the appeal is taken certifies to the board after
the notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases, proceedings shall
not be stayed other than by an order of the Superior Court upon notice
to the officer from whom the appeal is taken and on due cause shown.
(3)
The board may, in conformity with the provisions of N.J.S.A.
40:55D-1, et seq., reverse or affirm wholly or partly or may modify
the order, requirement, decision or determination appealed from, and
make such other requirement, decision or determination as ought to
be made, and to that end have all the powers of the administrative
officer from whom the appeal was taken.
(b)
Hear and decide requests for interpretation of the zoning map
or Land Use Development Regulations or for decisions upon other special
questions upon which the board is authorized to pass by any zoning
or official map ordinance in accordance with this chapter and N.J.S.A.
40:55D-1, et seq.
(c)
(1)
Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to N.J.S.A. 40:55D-46 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of each property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; (2) where in an application or appeal relating to a specific piece of property the purpose of this chapter or N.J.S.A. 40:55D-1, et seq., would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law, currently N.J.S.A. 40:55D-62 through 40:55D-68.3; provided, however, that no variance from those departures enumerated in subsection (d) below N.J.S.A. 40:55D-70d) shall be granted under this subsection.
(d)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of the Municipal Land Use Law, currently N.J.S.A. 40:55D-62 through 40:55D-68.3, to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to Section 13-9, Conditional Uses, of this chapter and N.J.S.A. 40:55D- 67 (Conditional Uses; Site Plan Review) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in subsection 13-2 3, Definitions, of this chapter and N.J.S.A. 40:55D-4, (5) an increase in the permitted density as defined in subsection 13-2.3, Definitions, of this chapter and N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision or (6) a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by an affirmative vote of at least five members. Class I and Class III members shall not participate in the consideration of applications which involve relief pursuant to this subsection.
Pursuant to N.J.S.A. 40:55D-76(2)b the developer may elect to
submit a separate application requesting approval of the variance
or direction of the issuance of a permit and a subsequent application
for any required approval of a subdivision, site plan or conditional
use. The separate approval of the variance or direction of the issuance
of a permit shall be conditioned upon grant of all required subsequent
approvals by the planning board.
No variance or other relief may be granted under the terms of
this subsection or N.J.S.A. 40:55D-70 unless such variance or other
relief can be granted without substantial detriment to the public
good and will not substantially impair the intent and the purpose
of the zone plan and this chapter. In respect of any airport hazard
areas delineated under the "Air Safety and Hazardous Zoning Act of
1983," (N.J.S.A. 6:1-80, et seq.), no variance or other relief may
be granted under the terms of this subsection permitting the creation
or establishment of a nonconforming use which would be prohibited
under the standards promulgated pursuant to that Act except under
issuance of a permit by the commissioner of transportation. An application
under this subsection may be referred to any appropriate person or
agency for its report; provided that such reference shall not extend
the period of time within which the board shall act.
Whenever relief is requested pursuant to this subsection notice
of the hearing on the application for development shall include reference
to the request for a variance(s), or direction for issuance of a permit
as the case may be.
6.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
7.
To assemble data on a continuing basis as a part of a continuing
planning process. At least once a year the planning board shall review
its decisions on applications and appeals for variances and prepare
and adopt by resolution a report on its findings on zoning ordinance
provisions which were the subject of variance requests and its recommendations
for zoning ordinance amendment or revision, if any. The report and
resolution will be submitted to the borough council for its review.
8.
Prior to the adoption of a development regulation, revision, or amendment
thereto, the planning board shall make and transmit to the borough
council, within 35 days after referral by the borough council, a report
including recommendations concerning the proposed development regulation,
revision or amendment. The borough council, when considering the adoption
of a development regulation, revision or amendment thereto, shall
review the report of the planning board and may disapprove or change
any recommendation by vote of a majority of its full authorized membership
and shall record in its minutes the reasons for not following such
recommendations. Failure of the planning board to transmit its report
within the 35 day period provided herein shall relieve the borough
council from the requirements of this subsection in regard to the
proposed development regulation, revision or amendment thereto referred
to the planning board.
9.
To annually prepare a program of municipal capital improvement projects
over a term of six years, and amendments thereto, and recommend same
to the borough council pursuant to the provisions of N.J.S.A. 40:55D-29
and to review all capital projects pursuant to N.J.S.A. 40:55D-31.
10.
To direct pursuant to N.J.S.A. 40:55D-34 issuance of a permit for
a building or structure in the bed of a mapped street or public drainage
way, flood control basin or public area reserved pursuant to N.J.S.A.
40:55D-32 (Establish an Official Map).
11.
To direct pursuant to N.J.S.A. 40:55D-36 issuance of a permit for
a building or structure not related to a street.
12.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the borough council for the aid and assistance of
the borough council or other agencies or officers.
13.
The borough council may by ordinance provide for the reference of
any matter or class of matters to the planning board before final
action thereon by a municipal body or a municipal officer having final
authority thereon. Whenever the planning board shall have made a recommendation
regarding the matter authorized by this chapter to another municipal
body such recommendation may be rejected only by a majority of the
full authorized membership of such other body.
14.
Pursuant to N.J.S.A. 40:55D-12, et. seq., the planning board is hereby
given the power to waive notice and public hearing of minor subdivisions
in accordance with N.J.S.A. 40:55D-47.
j.
Time Limits for Approvals.
1.
Minor Subdivision: Minor subdivision approvals shall be granted or
denied within 45 days of the date of submission of a complete application
to the planning board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of planning board approval unless within such
period a plat in conformity with such approval and the provisions
of the "Map Filing Law," or a deed clearly describing the approved
minor subdivision, is filed by the developer with the county recording
officer, the borough engineer and the borough tax assessor. Any such
plat or deed must be signed by the chairman and secretary of the planning
board before it will be accepted for filing by the county recording
officer.
2.
Preliminary Site Plan Approval: Upon the submission of a complete
application to the administrative officer for a site plan for 10 acres
of land or less, and 10 dwelling units or less, the planning board
shall grant or deny preliminary approval within 45 days of such submission
or within such further time as may be consented to by the developer.
Upon the submission of a complete application to the administrative
officer for a site plan of more than 10 acres, or more than 10 dwelling
units, the planning board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the developer. Otherwise, the planning
board shall be deemed to have granted preliminary approval of the
site plan.
3.
Preliminary Major Subdivision Approval: Upon submission of a complete
application to the administrative officer for a subdivision of 10
or fewer lots, the planning board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application to the administrative officer for a subdivision
of more than 10 lots, the planning board shall grant or deny preliminary
approval within 95 days of the date of such submission or within such
further time as may be consented to by the developer. If the planning
board fails to act within these times herein provided without obtaining
the consent of the applicant to a further extension of time, it shall
be deemed to have granted preliminary approval for the requested subdivision.
4.
Effect of Preliminary Approval: Preliminary approval of a major subdivision
or of a site plan shall, except as otherwise provided, confer upon
the applicant the following rights for a three-year period from the
date of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layouts and design standards for streets, curbs and
sidewalks, lot size; yard dimensions and off-tract improvements; and,
in the case of a site plan, any requirements peculiar to site plan
approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein
shall be construed to prevent the borough from modifying by ordinance
such general terms and conditions of preliminary approval as relate
to public health and safety;
(b)
That the applicant may submit for final approval on or before
the expiration date of preliminary approval the whole or a section
or sections of the preliminary subdivision plat or site plan, as the
case may be; and
(c)
That the applicant may apply for and the planning board may
grant extensions on such preliminary approval for additional periods
of at least one year, but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards shall govern.
(d)
In the case of a subdivision of or site plan for an area of
50 acres or more, the planning board may grant the rights referred
to in paragraphs (a) (b) and (c) above for such period of time, longer
than three years, as shall be determined by the planning board to
be reasonable taking into consideration (1) the number of dwelling
units and non-residential floor area permissible under preliminary
approval, (2) economic conditions, and (3) the comprehensiveness of
the development. The applicant may apply for thereafter and the planning
board may grant an extension to preliminary approval for such additional
period of time as shall be determined by the planning board to be
reasonable taking into consideration (1) the number of dwelling units
and nonresidential floor area permissible under preliminary approval,
and (2) the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, (3)
economic conditions and (4) the comprehensiveness of the development;
provided that if the design standards have been revised, such revised
standards shall govern.
5.
Final Approval: Application for final subdivision or site plan approval
shall be granted or denied within 45 days of submission of a complete
application to the planning board or within such further time as may
be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the developer with the county recording
officer, the borough engineer and the borough tax assessor. The planning
board may, for good cause shown, extend the period for recording for
an additional period not to exceed 190 days from the date of signing
of the plat.
6.
Effect of Final Approval:
(a)
Minor Subdivision: The zoning requirements and general terms
and conditions, whether conditional or otherwise, upon which minor
subdivision approval was granted, shall not be changed for a period
of two years after the date of minor subdivision approval.
Major Subdivision: The zoning requirements applicable to the
preliminary approval first granted and all other rights conferred
upon the developer pursuant to N.J.S.A. 40:55D-49 of this act, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date of final approval; provided that in the case
of major subdivision the rights conferred by this section shall expire
if the plat has not been duly recorded within the time period provided
in N.J.S.A. 40:55D-54 of this act. If the developer has followed the
standards prescribed for final approval, and in the case of a subdivision,
has duly recorded the plat as required in N.J.S.A. 40:55D-54 of this
act, the planning board may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this act, the granting of final approval terminates
the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49
of this act for the section granted final approval.
(b)
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision of site plan for 150 acres or more, the planning board may grant rights, referred to in subsection (a) of N.J.S.A. 40:55D-52, for such period of time, longer than two years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the planning board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
7.
Combined Preliminary and Final Major Subdivision or Site Plan Approval:
An applicant may request and the planning board may consent to accept
an application for development for combined preliminary and final
major subdivision or site plan approval provided that:
(a)
The proposed development is not to be constructed in sections
or stages.
(b)
The applicant pays the application fees and provides all submissions
required for both preliminary and final applications.
(c)
Any notice of hearing requirements applicable to the preliminary
plat stage are complied with.
Any approval granted by the planning board on such combined
application shall confer upon the applicant all the rights set forth
in this section for final approval.
8.
Conditional Uses: Pursuant to N.J.S.A. 40:55D-67 (a), the planning
board shall grant or deny an application for a conditional use within
95 days of submission of a complete application by a developer to
the planning board, or within such review by the planning board of
a conditional use shall include any required site plan review pursuant
to N.J.S.A. 40:44D-37. The time period for approval by the planning
board of conditional uses shall apply to such site plan review.
9.
Variances. The planning board shall grant or deny approval of an
application for a variance within 120 days after submission by a developer
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. In the
event that the developer elects to submit separate consecutive applications,
the aforesaid provision shall apply to the application for approval
of the variance or direction for issuance of a permit. The period
for granting or denying any subsequent approval shall be as otherwise
provided in these regulations and N.J.S.A. 40: 55D-1, et seq.
10.
Failure to Act: Failure of the planning board to act within the period
prescribed shall constitute approval of the application and a certificate
of the administrative officer as to the failure of the planning board
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval, herein required, and shall be so accepted by the county
recording officer for purposes of filing subdivision plats.
11.
Appeal to the Governing Body: Any interested party may appeal to
the borough council any final decision of the planning board, subject
to the provisions of N.J.S.A. 40:55D-17, and this chapter.
12.
Required Approval by County Planning Board: Whenever review or approval
of the application by the Monmouth County Planning Board is required
by N.J.S.A. 40:27-6.3 (County Planning Board Law), in the case of
a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan,
the planning board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the Monmouth
County Planning Board or approval by the Monmouth County Planning
Board by its failure to report thereon within the required time period.
k.
Advisory Committee. The mayor may appoint one or more persons as
a citizens advisory committee to assist or collaborate with the planning
board in its duties, but such person or persons shall have no power
to vote to take other action required by the board. Such person or
persons shall serve at the pleasure of the mayor.
l.
Environmental Commission. Whenever the environmental commission has
prepared and submitted to the planning board an index of the natural
resources of the municipality, the planning board shall make available
to the environmental commission an informational copy of every application
for development to the planning board. Failure of the planning board
to make such informational copy available to the environmental commission
shall not invalidate any hearing or proceeding.
m.
Simultaneous Review. The planning board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the planning board, or the planning
board being required to hold further hearings. The longest time period
for action by the planning board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer, notice of the hearing on the plat
shall include reference to the request for such conditional use.
n.
Continuance of Hearing and Voting Eligibility: A member of the planning
board who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his absence from one or more of the
meetings; provided, however, that such board member has available
to him the transcript or recording of all of the hearing from which
he was absent, and certifies in writing to the board that he has read
such transcript or listened to such recording.
o.
Informal Review. At the request of the developer, the planning board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such an informal review. The developer shall not be bound
by any concept plan for which review is requested, and the planning
board shall not be bound by any such review.
p.
Expiration of Variance. Any variance hereafter granted by the planning
board permitting the erection or alteration of any structure or structures,
or permitting a specified use of any premises shall expire by limitation
unless such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance, or unless
such development has actually been commenced, within one year of the
date of publication of the notice of the final judgment or determination,
whether that final judgment or determination be by the borough council
or the planning board; except, however, that the running of the period
of limitation herein provided shall be tolled from the date of filing
an appeal from the decision of the planning board or the borough council
to a court of competent jurisdiction, until the termination in any
manner of such appeal or proceeding. Where subdivision or site plan
approval is required the period of time for commencement of the development
specified by the planning board shall be the same as the period of
time for which other rights are conferred upon the applicant by such
subdivision or site plan approval pursuant to the provisions of this
chapter.
a.
Any interested party may appeal to the borough council any final decision of the planning board approving an application for development pursuant to subsection 13-3.1i,5(d) [N.J.S.A. 40:55D-70(d)]. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to subsection 13-3.3f, 3 (N.J.S.A. 40:55D-10i). The appeal to the borough council shall be made by serving the borough clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented, and by serving a copy of such notice on the applicant. Such appeal shall be decided by the borough council only upon the record established before the planning board.
b.
Notice of the meeting to review the record below shall be given by the borough council by personal service or certified mail to the appellant and to the applicant, to those entitled to notice of a decision pursuant to subsection 13-3.3f. 2 (N.J.S.A. 40:55D-10h), and to the planning board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting and the borough council shall provide for verbatim recording and transcripts of such meeting pursuant to subsection 13-3.3c, 6 (N.J.S.A. 40:55D-10f).
c.
The appellant shall: (1) within five days of service of the notice of the appeal pursuant to paragraph 1 above, arrange for a transcript pursuant to subsection 13-3.3c, 6 (N.J.S.A. 40:55D-10f) for use by the borough council and pay a deposit of $200 or the estimated cost of such transcription, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the borough clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The borough council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to subsection 13-3.3f, 3 (N.J.S.A. 40:55D-10i) unless the applicant consents in writing to an extension of such period. Failure of the borough council to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the board.
d.
The borough council shall conduct a de novo review of the record made before the planning board, and shall have the right to draw on its own expertise and knowledge of the community in making its final evaluation. The borough council is not required to accord a presumption of validity to the action of the planning board. The borough council may reverse, remand, or affirm with or without the imposition of conditions the final decision of the planning board approving a variance pursuant to subsection 13-3.1i,5(d) (N.J.S.A. 40:55D-70d). If the decision of the council reverses or remands the decision of the planning board its findings of fact and conclusions must be grounded in the record compiled before the board and set forth in a resolution stating in detail the reasons for its disagreement.
e.
The affirmative vote of the majority of the full authorized membership
of the borough council shall be necessary to reverse, remand, or affirm
with or without conditions any final action of the planning board.
f.
An appeal to the borough council shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the planning board certifies to the borough council, after
the notice of appeal shall have been filed with such board, that by
reasons of facts stated in the certificate a stay would, in its opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by an order of the Superior Court on
application upon notice to the board and on good cause shown.
g.
The borough council shall mail a copy of the decision to the appellant
and the applicant, and if represented then to the attorney, without
separate charge, and for a reasonable charge to any interested party
who has requested it, not later than 10 days after the date of the
decision. A brief notice of the decision shall be published in the
official newspaper of the borough, or in a newspaper of general circulation
in the borough. Such publication shall be arranged by the applicant
or the appellant, unless a particular municipal official is so designated
by ordinance; provided that nothing contained herein shall be construed
as preventing the applicant or the appellant from arranging such publication
if he so desires. The borough council may make a reasonable charge
for its publication. The period of time in which an appeal to a court
of competent jurisdiction may be made shall run from the first publication,
whether arranged by the borough, the appellant or the applicant.
h.
Nothing in this subsection shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction
according to law.
a.
Meetings.
1.
Meetings of the planning board shall be scheduled no less often than
once a month and any meeting so scheduled shall be held as scheduled
unless canceled for lack of applications for development to process.
b.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the board and of the persons appearing by attorney, the action taken
by the board, the findings, if any, made by it and reasons therefor.
The minutes shall be made available for public inspection during normal
business hours at the office of the administrative officer. Any interested
party shall have the right to compel production of the minutes for
use as evidence in any legal proceedings concerning the subject matter
of the minutes. Such interested party may be charged a reasonable
fee for reproduction of the minutes in an amount sufficient to cover
the cost of reproduction.
c.
Hearings.
1.
Rules: The planning board shall hold a hearing on each application
for development and shall make rules governing the conduct of hearings
before it which shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1, et seq. or of this chapter.
2.
Filing of Documents: Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the office of the administrative officer. The applicant may
produce other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
3.
Oaths: The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the "County and Municipal Investigations Law"
N.J.S.A. 2A:67A-1 et seq. shall apply.
4.
Testimony: The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
5.
Evidence: Technical rules of evidence shall not be applicable to
the hearing, but the board may exclude irrelevant, immaterial or unduly
repetitious evidence.
6.
Records: The municipal agency shall provide for the verbatim recording
of all proceedings by either stenographer, mechanical or electronic
means. The municipal agency shall furnish a transcript, or duplicate
recording in lieu thereof, on request to any interested party at his
expense; provided the governing body may provide by ordinance for
the municipality to assume the expense of any transcripts necessary
for appeal to the governing body pursuant to N.J.S.A. 40:55D-70d,
up to a maximum amount as specified by the ordinance.
The municipal agency in furnishing a transcript of the proceedings
to an interested party at his expense shall not charge such interested
party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript
shall be certified in writing by the transcriber to be accurate.
d.
Notice of Applications and Hearings. Notice pursuant to paragraphs
1 through 7 below shall be given by the applicant. Notice pursuant
to paragraphs 1 through 7 below, shall be given at least 10 days prior
to the date of the hearing.
1.
Public notice of a hearing on an application for development shall
be given except for minor subdivisions pursuant to N.J.S.A. 40:55D-47
or final approval pursuant to N.J.S.A. 40:55D-50 and provided that
public notice shall be given in the event that relief is requested
pursuant to N.J.S.A. 40:55D-60 or D-76 as part of an application for
development otherwise excepted herein from public notice.
2.
Public notice shall be given by publication in the official newspaper
of the municipality, if there be one, or in a newspaper of general
circulation in the municipality.
3.
Notice to a hearing requiring public notice pursuant to paragraph
a of this subsection shall be given to the owners of all real property
as shown on the current tax duplicate, located in the state and within
200 feet in all directions of the property which is the subject of
such hearing; provided that this requirement shall be deemed satisfied
by notice to the (1) condominium association, in the case of any unit
owner whose unit has a unit above or below it, or (2) horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. Notice shall be given by: (i) serving a copy thereof
on the property owner as shown on the said current tax duplicate,
or his agent in charge of the property, or (ii) mailing a copy thereof
by certified mail to the property owner at his address as shown on
the said current tax duplicate.
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, vice president, secretary or other person authorized by
appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust, homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing, may be made in the same manner as to a
corporation without further notice to unit owners, co-owners, or home-owners
on account of such common elements or areas.
4.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the clerk of such
municipality, which notice shall be in addition to the notice required
to be given pursuant to subsection 13-3.3d.3 of this chapter to the
owners of lands in such adjoining municipality which are located within
200 feet of the subject premises.
5.
Notice shall be given by personal service or certified mail to the
county planning board of a hearing on all applications for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
6.
Notice shall be given by personal service or certified mail to the
commissioner of the New Jersey Department of Transportation of a hearing
on any application for development of property adjacent to a state
highway.
7.
Notice shall be given by personal service or certified mail to the
director of the Division of State and Regional Planning in the Department
of Community Affairs of any hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the administrative officer pursuant to N.J.S.A. 40:55D-10b.
8.
The applicant shall file an affidavit of proof of service with the
board holding the hearing on the application for development, at least
48 hours prior to the hearing.
9.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
10.
Form of Notice: All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the borough tax assessor's office and the location and
times at which any maps and documents for which approval is sought
are available for public inspection as required by law.
e.
List of Property Owners Furnished. Pursuant to the provisions of
N.J.S.A. 40:55D-12c, the tax assessor shall within seven days after
receipt of a request and upon receipt of payment of a fee of $10,
make and certify a list from the current tax duplicate of names and
addresses of owners to whom the applicant is required to give notice
pursuant to subsection 13-3.3d.3 of this chapter and submit the certified
list with the application.
f.
Decisions.
1.
The municipal agency (planning board or borough council in the event of an appeal of a final decision of the planning board approving an application for development pursuant to subsection 13-3.1i,5(d) (N.J.S.A. 40:55D-70(d)) shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period
provided in N.J.S.A. 40:55D-1 et seq. for action by the municipal
agency on the application for development; or
(b)
A memorializing resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which the municipal
agency who voted to grant or deny approval. Only the members of the
municipal agency who voted for the action taken may vote on the memorializing
resolution, the vote of a majority of such members present at the
meeting at which the resolution is presented for adoption shall be
sufficient to adopt the resolution. An action pursuant to N.J.S.A.
40:55D-9 (resulting from the failure of a motion to approve an application)
shall be memorialized by resolution as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution. The vote on any such resolution
shall be deemed to be a memorialization of the action of the municipal
agency and not to be an action of the municipal agency; however, the
date of the adoption of the resolution shall constitute the date of
the decision for purposes of the mailings, filings, and publications
required by paragraphs 2 and 3 below (N.J.S.A. 40:55D-10). If the
municipal agency fails to adopt a resolution or memorializing resolution
as herein above specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the municipal agency
to reduce its findings and conclusions to writing within a stated
time and the cost of the application, including attorney's fees, shall
be assessed against the municipality.
2.
A copy of the decision shall be mailed by the administrative officer
within 10 days of the date of decision to the applicant, or if represented
then to his attorney, without separate charge, and to all who request
a copy of the decision for a reasonable fee in an amount sufficient
to cover the cost of such mailing. A copy of the decision shall also
be filed by the municipal agency in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for a reasonable fee in
an amount sufficient to cover the cost of such copy and available
for public inspection at his office during reasonable hours. Copies
of approvals shall also be forwarded to other appropriate officials.
3.
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there be one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the applicant and proof of publication shall be submitted
to the administrative officer. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision.
g.
Conditional Approvals.
1.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the municipal agency shall process such application for development
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and
this chapter, and, if such application for development complies with
the provisions of this chapter, the municipal agency shall approve
such application conditioned on removal of such legal barrier to development.
2.
In the event that development proposed by an application for development
requires an approval of a governmental agency other than the municipal
agency, the municipal agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency;
provided that the municipal agency shall make a decision on any application
for development within the time period provided in this chapter and
N.J.S.A. 40:55D-1 et seq. or within an extension of such period as
has been agreed to by the applicant unless the municipal agency is
prevented or relieved from so acting by the operation of law.
3.
Whenever review or approval of the application by the county planning
board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision,
or N.J.S.A. 40:27-6.6, in the case of a site plan, the municipal agency
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the county planning board
or approval by the county planning board by its failure to report
within the required time period.
h.
Tolling of Running of Period of Approval. In the event that, during
the period of approval granted to an application for development,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with the development, the running of the period of approval shall
be suspended for the period of time the legal action is pending or
such directive or order is in effect.
i.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-65,
every application for development submitted to the planning board
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application; or if it is shown that taxes or assessments are
delinquent on the property, any approvals or other relief granted
by the board shall be conditioned upon either the prompt payment of
such taxes or assessments, or the making of adequate provision for
the payment in such manner that the municipality will be adequately
protected.
j.
Certification of Complete Application for Development; Certification
Time Limits. An application for development shall be complete for
purposes of commencing the applicable time period for action by a
municipal agency when so certified by the municipal agency or its
authorized committee or designee.
In the event that the agency, committee or designee does not
certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon expiration
of the forty-five-day period for purposes of commencing the applicable
time period unless (a) the application lacks information indicated
on a check list adopted by ordinance and provided to the applicant
and (b) the municipal agency or its authorized committee or designee
has notified the applicant, in writing, of the deficiencies in the
application within 45 days of submission of the application. The applicant
may request that one or more of the submission requirements be waived
in which event the agency or its authorized committee shall grant
or deny the request within 45 days. Nothing herein shall be construed
as diminishing the applicant's obligation to prove in the application
process that he is entitled to approval of the application. The municipal
agency may subsequently require correction of any information found
to be an error and submission of additional information not specified
in the ordinance or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such information of any revisions in the accompanying
documents so required by the municipal agency.
[Ord. #324, S3.4; Ord. #414; Ord. #453; Ord. #483; Ord. #548;
Ord. #2006-81; Ord. #2011-181; Ord. #2014-208; Ord.
No. 2016-236]
The developer, at the time of filing an application or appeal,
or as otherwise provided herein, shall deposit with the administrative
officer in cash or certified check made payable to the borough, an
amount determined by the schedule set forth in this subsection. Applications
for development requiring a combination of approvals such as subdivision,
site plan, conditional use and/or variance shall pay a fee equal to
the sum of the fees for each required approval.
In addition to the below listed basic fees chargeable on applications
for minor subdivisions, for sketch plats, preliminary plats and final
plats with regard to major subdivisions, and for either or both preliminary
and final approval, each applicant shall be responsible to pay in
full to the borough and prior to the adoption of any resolution or
approval, all reasonable and necessary costs, expenses and fees incurred
in connection with the application by the planning board or board
of adjustment for the services of the professional planner, engineer,
attorney or other professional consultant not exceeding in the aggregate
the sum of $5,000. The planning board or board of adjustment, as the
case may be shall, prior to the meeting scheduled for final action
on the particular application, notify the applicant in writing at
least 10 days in advance thereof, of the amount of such fees for which
payment will be required, and the method of calculation thereof. The
applicant shall cause such sum to be paid prior to any final action
by the particular municipal agency involved. All professional fees
charged for such services shall be paid to the Borough of Union Beach
as a "pass through" to the professional(s) involved who shall submit
a voucher for payment to the Borough of Union Beach, indicating that
the source of funds for payment is "pass through from fees paid by
the applicant."
a.
Application for a Zoning/Development Permit. $25 minimum per permit.
1.
Zoning/Development Fees shall be assessed according to Appendix A.
|
APPENDIX A
ZONING/DEVELOPMENT FEES
(subsection 13-3.4a,2)
| |
|---|---|
|
Fence
|
$25
|
|
Flag Pole
|
$25
|
|
Gazebo (Under 100 square feet)
|
$25
|
|
Generators
|
$25
|
|
Lawn Sprinklers
|
$25
|
|
Hot Tub/Spa (outdoor Above Ground)
|
$25
|
|
Ponds (Under 24 inches deep)
|
$25
|
|
Pool House/Cabanas (under 100 square feet)
|
$25
|
|
Pools (Above Ground)
|
$25
|
|
Shed (Under 100 square feet)
|
$25
|
|
Solar Panels
|
$25
|
|
Flatwork (Concrete, Gravel, Macadam, Pavers)
|
$50
|
|
Retaining Walls
|
$50
|
|
Change/Revision of Electrical Contractor
|
$50
|
|
Change/Revision of Fire Contractor
|
$50
|
|
Shed (Over 100 square feet)
|
$75
|
|
Gazebo (Over 100 square feet)
|
$75
|
|
Decks
|
$75
|
|
Stairs
|
$75
|
|
Platforms
|
$75
|
|
Ponds (deeper than 24 inches & must meet Barrier Free Regulations)
|
$75
|
|
Hot Tubs/Spas (below ground)
|
$75
|
|
Garage
|
$75
|
|
Elevators/Lifts
|
$100
|
|
Home Elevations
|
$100
|
|
New House
|
$100
|
|
Other:
| |
|
Additions:
|
$5 per thousand cost or $75 minimum
|
|
Alterations:
|
$5 per thousand cost or $75 minimum
|
|
Renovations:
|
$5 per thousand cost or $75 minimum
|
b.
Application/Administrative
Fees.
[Added 2-16-2023 by Ord. No. 2023-322]
|
Type of Application
|
Administrative Fee
| ||||
|---|---|---|---|---|---|
|
A.
|
Subdivision
| ||||
|
1.
|
Informal review
| ||||
|
a.
|
Owner occupant
|
$150
| |||
|
b.
|
Other
|
$200
| |||
|
2.
|
Minor subdivision; amended minor subdivision
|
$350 for each lot created, plus $350 for the remainder of the
original lot
| |||
|
3.
|
Lot consolidation and resubdivision to adjust lot lines
|
$350
| |||
|
4.
|
Preliminary major subdivision; amended preliminary major subdivision
|
$500
| |||
|
5.
|
Final major subdivision; amended final major subdivision
|
50% of prelim major subdiv.
| |||
|
6.
|
Request for an extension of time
|
$100
| |||
|
B.
|
Site plan
| ||||
|
1.
|
Informal review
|
$200
| |||
|
2.
|
Minor site plan; amended minor site plan
|
$500
| |||
|
3.
|
Preliminary major site plan; amended preliminary major site
plan
| ||||
|
a.
|
Residential
|
$500
| |||
|
b.
|
Nonresidential; commercial; industrial
|
$750
| |||
|
c.
|
Mixed use (residential/commercial)
|
$750
| |||
|
d.
|
Final major site plan; amended final major site plan (residential,
nonresidential and mixed-use site plan)
|
50% of the preliminary site plan fee
| |||
|
e.
|
Request for an extension of time
|
$100
| |||
|
C.
|
Variances
| ||||
|
1.
|
Decide and hear appeals (N.J.S.A. 40:55D-70a)
|
$200
| |||
|
2.
|
Interpretations (N.J.S.A. 40:55D-70b)
|
$200
| |||
|
3.
|
Bulk (N.J.S.A. 40:55D-70c)
| ||||
|
a.
|
Each in conjunction with a site plan or subdivision approval
|
$200
| |||
|
b.
|
Per variance without site plan or subdivision approval
|
$500
| |||
|
c.
|
Use or special reasons variance (N.J.S.A. 40:55D-70d)
| ||||
|
(1)
|
Residential
|
$500
| |||
|
(2)
|
Other uses
|
$750
| |||
|
4.
|
Building permit in conflict with the Official Map or building
permit for a lot not related to a street
|
$150
| |||
|
5.
|
Request for an extension of time
|
$100
| |||
|
D.
|
Other
| ||||
|
1.
|
Conditional use approval
|
$500
| |||
|
2.
|
Application or permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35
|
$250
| |||
|
3.
|
Subdivision approval certificate
|
$50
| |||
|
4.
|
Certificate of nonconformity (N.J.S.A. 40:55D-68)
|
$250
| |||
|
5.
|
Request for reapproval- single-family residential, single lot
|
$250
| |||
|
6.
|
Request for reapproval- other
|
$500
| |||
|
7.
|
Special meetings, requested by applicant
|
$1,500
| |||
|
8.
|
Developer's agreement
|
$500
| |||
|
9.
|
Waiver of site plan application
|
$250
| |||
c.
Escrow Fees.
[Added 2-16-2023 by Ord. No. 2023-322[1]]
|
Type of Application
|
Escrow Fee
| |||
|---|---|---|---|---|
|
A.
|
Subdivision
| |||
|
1.
|
Informal review
|
$500
| ||
|
2.
|
Minor subdivision; amended minor subdivision
|
$1,500
| ||
|
3.
|
Lot consolidation and resubdivision to adjust lot lines
|
$500
| ||
|
4.
|
Preliminary major subdivision; amended preliminary major subdivision,
1 to 5 lots
|
$2,000
| ||
|
5.
|
Preliminary major subdivision; amended preliminary major subdivision,
6 to 25 lots
|
$3,500
| ||
|
6.
|
Preliminary major subdivision; amended preliminary major subdivision,
25 to 100 lots
|
$5,000
| ||
|
7.
|
Preliminary major subdivision; amended preliminary major subdivision,
101+ lots
|
$7,500
| ||
|
8.
|
Final major subdivision; amended final major subdivision
|
50% of the preliminary major subdivision fee
| ||
|
9.
|
Request for an extension of time
|
$1,000
| ||
|
B.
|
Site plan
| |||
|
1.
|
Informal review
|
$500
| ||
|
2.
|
Minor site plan; amended minor site plan
|
$2,000
| ||
|
3.
|
Preliminary major site plan; amended preliminary major site
plan
| |||
|
a.
|
Residential
|
$2,000 plus 25 per unit
| ||
|
b.
|
Nonresidential; commercial; industrial, 0 to 5,000 square feet
new floor area
|
$3,000
| ||
|
c.
|
Nonresidential; commercial; industrial, 5,001 to 10,000 square
feet of new floor area
|
$6,000
| ||
|
d.
|
Nonresidential; commercial; industrial, 10,001 to 25,000 square
feet of new floor area
|
$7,500
| ||
|
e.
|
Nonresidential; commercial; industrial, 25,000+ square feet
of new floor area
|
$10,000
| ||
|
f.
|
Mixed-use (residential/commercial)
|
Residential (a)+
Commercial (b, c, d, or e)
| ||
|
g.
|
Final major site plan; amended final major site plan (residential,
nonresidential and mixed-use site plan)
|
50% of the preliminary site plan fee
| ||
|
h.
|
Request for an extension of time
|
$1,000
| ||
|
C.
|
Variances
| |||
|
1.
|
Decide and hear appeals (N.J.S.A. 40:55D-70a)
|
$1,500
| ||
|
2.
|
Interpretations (N.J.S.A. 40:55D-70b)
|
$1,500
| ||
|
3.
|
Bulk (N.J.S.A. 40:55D-70c)
| |||
|
a.
|
Each in conjunction with a site plan or subdivision approval
|
$500
| ||
|
b.
|
Per variance without site plan or subdivision approval
|
$750
| ||
|
c.
|
Use or special reasons variance (N.J.S.A. 40:55D-70d)
|
$3,000
| ||
|
d.
|
Use or special reasons variance (N.J.S.A. 40:55D-70d)- single-family
residential, 1 to 2 dwelling units
|
$500
| ||
|
4.
|
Building permit in conflict with the Official Map or building
permit for a lot not related to a street
|
$500
| ||
|
5.
|
Request for an extension of time
|
$500
| ||
|
D.
|
Other
| |||
|
1.
|
Conditional use approval
|
$1,000
| ||
|
2.
|
Application or permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35
|
$500
| ||
|
3.
|
Subdivision approval certificate
|
NA
| ||
|
4.
|
Certificate of nonconformity (N.J.S.A. 40:55D-68)
|
$750
| ||
|
5.
|
Request for reapproval
|
50% of final subdiv/site plan, per this schedule
| ||
|
6.
|
Developer's agreement (Subsection 13-7.2a,2e)
|
$1,500
| ||
|
7.
|
Drainage review
|
$750
| ||
|
8.
|
Floodplain review
|
$250
| ||
[1]
Editor's Note: This ordinance also redesignated former Subsections n, o, p, q and y as Subsections d, e, f, g, h and i, respectively, and repealed former Subsections r, Requests for Reapproval, s, Special Meetings, t, Certificate of Nonconforming Structures and Uses, u, regarding developers agreements, v, Drainage and Floodplain Reviews, and w, Requests for Informal Review.
d.
Inspection
Fees for a Major Subdivision. Required inspection fees shall be paid
prior to issuance of a development permit or signing of a final plat
or, where authorization has been granted pursuant to the provisions
of this chapter, prior to the start of construction of any improvements
before final plat approval. Such fees shall be paid in the amount
of 5% of the approved construction cost of the bondable and non-bondable
items requiring inspection as established by the borough engineer.
e.
Inspection Fees for a Major Site Plan. Required inspection fees shall
be paid prior to issuance of a development permit or signing of a
final plat or, when authorization has been granted pursuant to the
provisions of this chapter, prior to the start of construction of
any improvements before final plat approval. Such fees shall be paid
in the amount of 5% of the approved construction cost of the bondable
and non-bondable items requiring inspection as established by the
borough engineer.
f.
Reproduction Fees. $3 per sheet of the plat and attachments, except
that the minimum fee shall be $5. An additional reproduction fee of
$15 shall be charged for minor subdivisions and final plats of major
subdivisions to cover the cost of the borough clerk obtaining a reproducible
original of the filed map.
g.
Revised Plats. Any proposed revisions to a plat, including all supporting
maps and documents, previously approved which approval is still in
effect, or pending approval by the planning board, shall require submission
of a revised plat and payment of fees in accordance with the following:
1.
Where changes in the plat are requested by the planning board or
borough engineer, fees shall be paid in an amount equal to one-fourth
of the original fee submitted and only sufficient copies of the plat
incorporating the changes as may be necessary for distribution need
be submitted.
2.
Where there are only minor changes in the plat proposed by the applicant
or required by another governmental agency where approval was a condition
of the planning board's approval, and which do not involve any additional
building or parking or significant change in the design of the site
or subdivision, an application fee of $50 will be required along with
sufficient copies of the plat incorporating the changes as may be
necessary for distribution. Where such changes are technical in nature
and do not affect the basis upon which the planning board approval
was given, the planning board engineer may administratively approve
changes and forward a copy of the approval letter to the planning
board office for proper distribution. The planning board, may, however,
within 30 days of receiving such approval letter, disapprove any such
administrative approval and require that any such plat revisions be
submitted to and acted upon by the full planning board.
3.
Where there are changes in the plat proposed by the applicant or
required by another governmental agency where approval was a condition
of the planning board's approval, which do involve additional building
or parking or a significant change in the design of the site or subdivision,
an application fee equal to 1/2 the fee required for the initial submission
will be required along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
4.
Where the proposed changes involve a change in use and/or major alteration
of the design concepts of the plat approved by the planning board,
it shall be considered a new application and shall require the full
payment of fees as set forth in this section for new applications
for development.
5.
Where revisions in the plat only involve additional information required
as a condition of a previous approval no additional fees shall be
required.
h.
Escrow Accounts and Technical Review Fees.
1.
In addition to the above general nonrefundable fees for each application
filed, the applicant shall reimburse the borough for all professional
or technical review fees deemed necessary or desirable by the board,
and shall establish an escrow fund with the borough treasurer to pay
such fees or charges. The escrow fund shall be utilized to reimburse
the borough for all costs, which are reasonable and related to the
review of such application.
2.
As part of the application submission, the applicant shall be required
to make a deposit to the escrow account in an amount provided for
in this section below. If the amount posted is not sufficient to cover
the borough's professional charges associated with the application,
the board shall request additional funds.
[Added 2-16-2023 by Ord. No. 2023-322]
3.
After approval of an application and prior to the start of construction,
the applicant shall be required to deposit with the borough clerk
engineering inspection escrow fees to provide for anticipated inspection
and any additional professional review services in accordance with
paragraph 9(b) below.
4.
Additional escrow funds, equal to 25% of the applicable escrow fee,
will be required upon submission of a revised plan for review by board
professionals.
5.
Additional escrow funds shall be required when the balance of any
escrow account reaches 20% of the initial deposit. The borough shall
notify the applicant who shall be requested to deposit up to 35% of
the original escrow account. No further consideration, review, processing
or inspection shall take place until the additional escrow has been
paid.
6.
For escrow deposits over $5,000 the procedures under N.J.S.A. 40:55D-53.1
shall prevail.
7.
At the applicant's written request and at his cost, an account of
the expenses or fees paid by him for professional services shall be
provided. Borough professionals shall submit vouchers for all services
to be assessed against an escrow account, which vouchers shall state
the hours spent, the hourly rate and the expenses incurred.
8.
Any unexpended monies remaining after the completion of the project
and maintenance period shall be returned to the applicant.
9.
Initial Escrow Deposits.
(a)
Escrow deposits for professional and technical review - The initial deposit of escrow funds for technical and professional review of an application shall be in an amount equal to the chart in subsection c above but not less than $750.
[Added 2-16-2023 by Ord. No. 2023-322]
(b)
Escrow deposit for inspection - Prior to the start of construction,
the applicant shall post engineering inspection fees determined in
accordance with the provisions of N.J.S.A. 40:55D-53h and 53.4. Inspection
fees shall be 5% of the cost of improvements, with a minimum of $500.
10.
Where any approved plan for development requires an amendment to
the Official Tax Map of the Borough of Union Beach, a fee shall be
assessed against the escrow of the applicant for $250. Said fee must
be paid before any permits for development are granted.
i.
All fees shall be paid by the applicant upon request by the secretary
of the planning board and all fees must be paid before the approval
of a final resolution or the signing of a final plat.
[Ord. #324, S3.5]
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the code enforcement, construction
official and/or zoning officers, who shall have such powers as are
conferred upon him by this chapter, and as reasonably may be implied.
He shall be appointed as provided in the administrative code. In no
case shall a development permit be granted for a subdivision or the
construction of or alteration of any building or site where the proposed
construction, alteration or use thereof would be in violation of any
provisions of this chapter. It shall be the duty of the code enforcement
officer to cause any building, plans or premises to be inspected or
examined and to order in writing the remedying of any conditions found
to exist in violation of this chapter, and he shall have the right
to enter any building or premises during the daytime, or other normal
business hours of the premises, in the course of his duties.
[Ord. No. 324, § 3.6; Ord. No. 357, § 2; Ord. No. 493; Ord. No. 2006-81; Ord. No. 2016-244 § 2]
a.
Development Permit.
1.
Development permits shall be secured from the administrative officer
prior to filing of a subdivision; or the issuance of a building permit
for the construction, erection or alteration of any structure or sign
or part of a structure; or upon a change in the use of a structure
or land; or prior to any use of or alteration of the natural condition
of a parcel of land or the construction of any improvement above or
below the ground. Where no building permit is required, the development
permit shall be secured prior to the issuance of a certificate of
occupancy.
2.
Prior to issuance of a development permit, the applicant shall have,
where applicable, secured other required permits including, but not
limited to:
(a)
Access permit from the New Jersey Department of Transportation
and/or Monmouth County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of
Environmental Protection.
(d)
Coastal Area Facilities Review Act (C.A.F.R.A.) permit from
the New Jersey Department of Environmental Protection.
(e)
Wetlands permit from the New Jersey Department of Environmental
Protection.
(f)
Riparian construction permit from the New Jersey Department
of Environmental Protection.
(g)
Required permits from the U.S. Army Corps of Engineers for work
within navigable waterways.
(h)
Sewerage and/or industrial waste treatment permit from the New
Jersey Department of Environmental Protection.
(i)
Land Disturbance permit from the Freehold Area Soil Conservation
District.
b.
Certificates as to Approval of Subdivision of Land.
1.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision three years preceding the effective
date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the administrative
officer for issuance of a certificate certifying whether or not such
subdivision has been approved by the planning board. Such application
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name and the owner.
2.
The administrative officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees. The officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
3.
Each such certificate shall be designated as "Certificate as to Approval
of Subdivision of Land", and shall certify:
(a)
Whether there exists in the borough a duly established planning
board and whether there is an ordinance controlling subdivision of
land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the planning board, and, if
so, the date of such approval and any extensions and terms thereof,
showing the subdivision of which the lands are a part is a validly
existing subdivision.
(c)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
in this chapter and N.J.S.A. 40:55D-1 et seq.
4.
The administrative officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected
by such official shall be paid by him to the municipality.
5.
Any person who shall acquire for a valuable consideration an interest
in the lands covered by any such certificate of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the borough pursuant to the provisions of N.J.S.A.
40:55D-55.
6.
If the administrative officer designated to issue any such certificate
fails to issue the same within 15 days after receipt of an application
and the fees therefor, any person acquiring an interest in the lands
described in such application shall hold such interest free of any
right, remedy or action which could be prosecuted or maintained by
the borough pursuant to N.J.S.A. 40:55D-55.
7.
Any such application addressed to the borough clerk shall be deemed
to be addressed to the proper designated officer and the borough shall
be bound thereby to the same extent as though the same was addressed
to the designated official.
c.
Building Permit. No building or structure shall be erected, restored,
added to, or structurally altered until a permit therefor has been
issued by the construction official. All applications for such permits
shall be in accordance with the requirements of the building code.
No building permit shall be issued unless the applicant shall have
first secured a development permit.
d.
Certificate of Occupancy.
1.
New Uses: No building, structure or land shall be occupied or used
until such time as a certificate of occupancy is issued by the construction
official.
Such certificate shall be issued upon application by the owner,
prospective occupant, or purchaser only after the construction official
determines that the facts represented on the application are correct
and that the building, structure or use is in conformance with the
provisions of the building code and other codes and ordinances affecting
construction and occupancy.
A temporary certificate of occupancy may be issued pursuant
to the provisions of this chapter for any structure or use for which
site plan approval has been secured, but not all conditions of approval
have been complied with.
2.
Existing Uses:
(a)
At the time of passage of this chapter: upon written request
from the owner, tenant, occupant, or purchaser under contract, the
construction official, after inspection, shall issue an occupancy
permit for a use legally existing at the time this chapter is made
effective, certifying the extent and kind of use and whether any such
existing use conforms with the provisions of this chapter.
(b)
Nonconforming Uses and Buildings: No change or extension of
use and no alterations shall be made in a nonconforming structure,
use or premises without an occupancy permit having first been issued
by the construction official stating that such change, extension or
alteration is in conformity with the provisions of this chapter, or
that same has been permitted by action of the zoning board of adjustment
or planning board.
3.
Certificate of Occupancy: A certificate of occupancy shall be obtained
for each and every change of occupant(s), of any building including
but not limited to residential, commercial or industrial which shall
be reoccupied after it has once become vacant.
A vacant building shall be broadly construed to mean that a
vacancy occurs upon the surrender of the premises by one in possession
and shall exist regardless of whether new occupants have taken possession.
Vacancy shall continue to exist until such time as a certificate of
occupancy has been obtained.
This requirement shall extend to a change of occupant(s) by
persons who obtain possession by any means whatsoever, including but
not limited to fee owners, owners under color of title, contract purchasers,
under a use and occupancy agreement, lessees or sublessees. The code
enforcement officer/public officer, may issue such certificate of
occupancy for any building including but not limited to residential,
commercial and industrial where there has been a change of occupant(s)
only.
The construction official/building inspector may issue said
certificate of occupancy for any building, including but not limited
to residential, commercial and industrial where there has been a change
of use, addition or alteration to an existing building.
4.
Scope of Certificate of Occupancy: The certificate of occupancy shall
contain sufficient information as to the extent and kind of use or
uses, such that any future investigation of the premises would disclose
the extent to which a use was altered. It shall also indicate whether
such use is a permitted or nonconforming use and the extent to which
the use does not conform to the provisions of this chapter.
5.
Improvement Required: No permanent certificate of occupancy shall
be issued until all required improvements have been installed in accordance
with the provisions of this chapter.
6.
Development Permit Required: No certificate of occupancy shall be
issued for the use of any building, structure or land unless a development
permit shall have first been issued for the use of such building,
structure or land.
7.
Disturbed areas must be stabilized prior to the issuance of the Certificate
of Occupancy (CO).
e.
Land Disturbance Permit. Where required, a land disturbance-permit
shall be obtained from the Freehold Area Soil Conservation District
prior to subdivision or the erection of any structure or the alteration
of the existing grade on any lot. No land disturbance permit shall
be issued until a development permit shall have first been issued
for the subdivision, building, structure or use, except that the planning
board and borough engineer may authorize the issuance of a land disturbance
permit prior to issuance of a development permit as provided for elsewhere
in this chapter.
f.
Certificate of Validity of Nonconforming Use or Structure. Any person
interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof. Application may be made to the administrative
officer within one year of the adoption of the ordinance which rendered
the use or structure nonconforming or at any time to the planning
board. A denial by the administrative officer shall be appealable
to the planning board.
[Ord. No. 324, § 3.7]
a.
It shall be the duty of the administrative officer to keep a record
of all applications for and all development permits issued, together
with a notation of all special conditions involved. He shall file
and safely keep copies of all plans submitted, and the same shall
form a part of the records of his office and shall be available for
the use of the borough council and of other officials of the borough.
b.
The administrative officer shall prepare a monthly report for the
borough council, summarizing for the period since his last previous
report all development permits issued and all complaints of violations
and the action taken by him consequent thereon. A copy of each such
report shall be filed with the borough tax assessor at the same time
it is filed with the borough council.
[Ord. No. 324, § 3.8]
In the application and interpretation of this chapter, all provisions
hereof shall be held to be minimum standards or requirements adopted
for the promotion of the public health, safety, convenience and general
welfare of the borough. Whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
rules, regulations or ordinances, the most restrictive or that imposing
the higher standards, shall govern.
[Ord. No. 324, § 3.9]
All sections of the land subdivision ordinance, zoning ordinance,
site plan review ordinance or any other ordinance of the Borough of
Union Beach, which contains provisions contrary to the provisions
of this chapter shall be and are hereby (to the extent of such inconsistency),
repealed, except that any building permit, variance, special use permit,
occupancy permit or other permit validly issued pursuant to any such
ordinance shall remain valid and effective and shall continue to be
governed by the terms and conditions of such ordinance.
a.
General Fines.
1.
For any and every violation for the provisions of this section, or
the use of construction methods and procedures, site maintenance methods
and procedures, or any other activities which may result in hazards
to life, health or property, the developer, owner, agent, tenant or
contractor or other person having control of the building or premises
where such violation has been committed or shall exist, and any other
person who commits, takes part in, assists, allows or suffers such
violation to exist, shall for each and every day that such a violation
continues be subject to a fine not less than $100 nor more than $2,000
for each offense or may be imprisoned in the county jail or another
place of imprisonment or confinement for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or both.
2.
If the code enforcement bureau official, borough engineer or other
code enforcement officer chooses to impose a line in an amount greater
than $1,250, the owner or agent or contractor or other person having
control of the building or premises shall, upon notice by personal
service or certified mail, have a period of not less than 30 days
in which the owner, agent or contractor shall be afforded the opportunity
to cease, cure or abate the condition constituting the violation.
Subsequent to the expiration of the thirty-day period of a fine greater
than $1,250 may be imposed if a court of competent jurisdiction has
not determined otherwise or, upon reinspection of the property, it
is determined that the abatement has not been substantially completed.
3.
The minimum penalty that shall be imposed for a violation of this
section is a fine of $100. Each day that a violation occurs shall
be deemed a separate and distinct violation.
4.
Any person convicted of violating any provision of this section within
one year of the date of a previous violation, which resulted in a
conviction, shall be sentenced to an additional fine or other penalty
as a repeat offender. The additional fine imposed by the court for
a repeat offense shall not be less than the minimum fine or exceed
the maximum fine permitted by this section, but shall be calculated
separately from the fine imposed for the violation of the section.
b.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by this chapter pursuant to N.J.S.A.
40:55D-1 et seq., such person shall be subject to a penalty not to
exceed $1,000, and each lot disposition so made may be deemed a separate
violation.
In addition to the foregoing, the municipality may institute
and maintain a civil action:
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with subsection 13-3.6b of this chapter.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
c.
If, after final approval it is discovered that there was any misrepresentation
of any statements or proofs contained in any plat or in any application
for approval or in any representations made to induce approval, the
planning board or the borough council may, in addition to such other
sanctions as are available in the law, revoke the approval of any
plat and proceed as if final approval had not been obtained.
All amendments to this chapter and to the zoning map, which
forms a part hereof, shall be adopted in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
a.
After the effective date of this chapter all new applications for
development shall be subject to the provisions of this chapter. Within
45 days of submission of such application for development the administrative
officer shall notify the developer in writing if an application for
development is found to be incomplete or it shall be deemed to be
properly submitted and constitute a complete application 45 days after
the date of submission. If a developer is notified that an application
for development is incomplete the administrative officer shall further
notify the developer within 45 days of submission of all the additional
plans and supporting documentation requested if an application for
development is still found to be incomplete or it shall be deemed
to be properly submitted and constitute a complete application 45
days after submission of all the additional plans and supporting documentation
requested.
b.
All applications for development filed prior to the effective date
of this chapter may be continued, subject to the following:
1.
The time limits for approval by the municipal agency set forth within
this chapter shall not apply unless the developer shall notify the
municipal agency in writing that he desires the application to be
considered within such time limits. Such letter of notification from
the developer shall constitute the filing of a new application for
development subject to the provisions of paragraph a of this subsection
and all other provisions of this chapter.
2.
If the developer does not notify the municipal agency that he desires
the application for development to be considered within the time limits
set forth in this chapter, such application for development shall
be processed and acted upon pursuant to the procedures heretofore
in effect at the time of such application.
3.
All approvals granted after the effective date of this chapter shall
confer upon the applicant all the rights set forth in this chapter.
Upon adoption of this chapter the borough clerk shall file a
copy of this chapter with the Monmouth County Planning Board as required
by N.J.S.A. 40:55D-16.
[Ord. #324; Ord. #444; Ord. #96-748; Ord. #2005-55; Ord.
#2007-102]
Except as otherwise provided in this chapter, the lawful use
of land or a building existing at the date of the adoption of this
chapter may be continued although such use or building does not conform
to the regulations specified by this chapter for the zone in which
such land or building is located; provided, however, that:
a.
No nonconforming lot shall be further reduced in size.
b.
No nonconforming building shall be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance,
provided, however, that any nonconforming residential and accessory
buildings now existing can be enlarged, extended or increased in size
as long as the enlargement does not violate front, side, rear yard,
height and total lot coverage regulations for the zone in which the
building(s) exist(s) and does not continue an existing violation of
front, side or rear yard setback(s), or height limitation(s), further
in the direction where the extension does not violate the setback
regulation.
c.
No nonconforming use may be expanded.
A nonconforming use or building shall be presumed to be abandoned
when there occurs a cessation of use or activity by an apparent act
or failure on the part of the tenant or owner to reinstate such use
or occupancy within a period of one year from the date of cessation
of discontinuance. Such use shall not thereafter be reinstated and
the structure or building shall not be reoccupied, except in conformance
with this chapter.
Any nonconforming use, building or structure which shall sustain
partial destruction by any means or cause may be restored or repaired
to its condition prior to the destruction. For the purpose of determining
what constitutes partial destruction 50% of replacement value of the
affected improvement may be used as a nonbinding guideline subject
to the facts of each case. Any decision of the zoning officer denying
the permits required to restore or repair a partially destroyed nonconforming
use, building or structure may be reviewed by the planning board pursuant
to an application for a variance under either N.J.S.A. 40:55D-70(c)
or (d) as appropriate.
No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming use.
A nonconforming building or structure may be altered, but not
enlarged or extended, during its life provided no walls or partitions,
no doors or other openings are removed or installed, and no other
structural changes are made either within or without the building
or structure, unless said building is changed to a building or structure
conforming to the requirements of this chapter.
Nothing herein contained shall require any change in the plans,
construction or designated use of a building for which a building
permit has been heretofore issued and substantial construction has
taken place prior to the date of the adoption of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the provisions of this chapter shall also apply to
any nonconforming uses existing therein or created thereby.
[Ord. #324.19; Ord. #670; Ord. #2001-831; Ord. #2005-55;
Ord. #2006-81]
Any restrictions or requirements with respect to buildings or
land, which appear in other ordinances of the borough or are established
by law and which are greater than those set forth herein, shall take
precedence over the provisions of this chapter.
Except as herein otherwise provided:
a.
No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used, or intended to be used, for any purposes or in any manner other
than as specified among the uses hereinafter listed as permitted in
the zone in which such building or land is located.
b.
No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area, and building location regulations hereinafter
designated for the zone in which such building or open space is located.
c.
No off-street parking area, loading or unloading area provided to
meet the minimum off-street parking, loading or unloading requirements
for one use or structure shall be considered as providing off-street
parking, loading or unloading area for a use or structure on any other
lot, unless specifically permitted elsewhere in this chapter.
d.
No subdivision may be approved unless each lot contained in said
subdivision complies with all the requirements of the zone in which
said lot is located, or unless a variance has been granted therefrom.
e.
No use shall be considered a permitted use or a conditional use in
a zone district unless included as such in the particular zone district.
[Ord. No. 324, § 5.3; Ord. No. 2006-81]
Effective June 3, 1997 certain site improvements as specified
by state statute and associated with residential site plans, subdivisions,
or planned unit residential developments are regulated by the Residential
Site Improvement Standards (N.J.A.C., Title 5. Chapter 21).
For residential development, the standards set forth in any
subsequent provision of this section relating to bikeways, curbs and
gutters, parking, public utilities, sewage collection and disposal
systems, sidewalks, walkways and pedestrian walks, sight easements,
storm drainage facilities, street signs, streets and highways and
water supply systems are superseded by the Residential Site Improvement
Standards (N.J.A.C. Title 5, Chapter 21).
[Ord. No. 324, § 5.4]
a.
Every principal building shall be built upon a lot with frontage
upon a public street improved to meet the borough requirements or
for which such improvement has been guaranteed by the posting of a
performance guarantee pursuant to this chapter unless relief has been
granted under the provisions of N.J.S.A. 40:55D-36.
b.
Where a building lot has frontage on a street, which the master plan
or the official map of the borough indicates is proposed for right-of-way
widening, the required front yard setback shall be measured from such
proposed right-of-way line.
[Ord. No. 324, § 5.5; Ord. No. 2005-55; Ord.
No. 2014-200, § 2; Ord.
No. 2017-259 § 1]
a.
No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
b.
All yards facing on a public street shall be considered front yards
and shall conform to the minimum front yard requirements for the zone
in which located, except as otherwise provided in this chapter and
that for purposes of swimming pools and accessory buildings the yard
upon which the principal building faces shall be considered the front
yard and the yard to the rear of the principal building shall be considered
a rear yard.
c.
Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projections allowed
by the State Uniform Construction Code including, but not limited
to, sills, belt courses, chimneys, flues, buttresses, ornamental features,
and eaves, provided, however, that none of the aforesaid projections
shall project into the minimum required yards more than 24 inches
unless otherwise permitted by this chapter. Unroofed entrance porches,
terraces, ADA ramps, stairs and landings which do not rise above the
height of the floor level of the ground floor may extend up to five
feet into the required side yard; up to 10 feet into any required
front yard and up to 10 feet into any required rear yard providing
the total area of all such porches, terraces, ADA ramps, stairs and
landings which extend into such yards, does not exceed 1,000 square
feet.
d.
The total lot coverage of the square footage of the ground floors
of all buildings located on a lot in any residential zone shall not
exceed 25% of the total square footage of the lot as shown by an accurate
survey. The total lot coverage of the square footage of the ground
level of all buildings and structures combined located on a lot in
any residential zone shall not exceed 50% of the total square footage
of the lot. The purpose of this limitation is to ensure a water permeable
surface within the residential zone sufficient to absorb and diffuse
rain and other surface water in order to prevent or alleviate flooding.
[Ord. No. 324, § 5.6]
a.
On all corner lots, the depth of all yards abutting on streets shall
not be less than the minimum front yard depth required on all adjoining
interior lots fronting on such street. However, provisions of this
section shall not apply so as to reduce the buildable width to less
than 50% of any lot less than 100 feet in width. No corner lot setback
shall in any case be less than 20 feet unless otherwise permitted
in this chapter.
b.
Where the corner lot abuts interior lots located in an adjoining
zone having lesser front setback requirements, buildings may assume
the minimum front setback dimension of the adjoining zone only if
the adjoining zone is immediately adjacent and contiguous to the property
and the proposed building is to be situated within 100 feet of said
adjacent zone.
c.
Lot lines of corner lots that are coexistent with side lines of abutting
lots shall be considered side lines.
d.
Lot lines of corner lots that are coexistent with rear lines of adjoining
lots shall be considered rear lines.
e.
Lot lines of corner lots that are coexistent with lot lines of adjoining
corner lots shall be considered side lines.
[Ord. No. 324, § 5.7]
Unless more stringent regulations are provided by other provisions
of this chapter, at the intersection of two or more streets no hedge,
fence, screening strip or wall higher than 30 inches above curb level,
nor any obstruction to vision other than a post not exceeding one
foot in diameter, shall be permitted on any lot within the triangular
area formed by two intersecting street lines bounding said lot, or
the projection of such lines, and by a line connecting a point on
each street line located 25 feet from the intersection of the street
lines.
[Ord. No. 324, § 5.8; Ord. No. 657; Ord. No.
2001-831; Ord. No. 2005-55; Ord. No. 2010-162, § 2; Ord. No. 2016-244 § 3; amended 6-18-2020 by Ord. No. 2020-292]
Unless otherwise specified in this chapter, accessory buildings
and structures shall conform to the following regulations.
a.
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located in other than the front yard, and if located in a side or rear yard area, shall be set back as indicated in § 13-10, Zoning District Regulations, for the specified distance, except that in the R-8 Residential Zone, storage sheds containing less than 100 square feet of floor area may be located not less than three feet from any side or rear lot line. Any storage shed having a floor area of 100 square feet or more shall be not less than five feet from any side or rear lot line.
[Amended 2-25-2021 by Ord. No. 2021-297]
b.
Accessory buildings may occupy not more than 35% of the rear or side
yard area in any residential zone, provided that: such buildings shall
not exceed 16 feet in height to the peak of the roof.
c.
No detached accessory structure, in any residential zone, shall be
less than five feet from the principal building.
d.
If garage space is attached to or provided on the first floor of
a single-family residence, vehicular entrances thereto shall be limited
to not more than two garage doors, the maximum size of which shall
not exceed nine feet in width and seven feet in height.
e.
No accessory building located in any zone shall be either a quonset or a trailer, except for temporary structures erected or placed in the B-2, M-1 or M-2 Zones for a period not exceeding two months, or as extended pursuant to subsections 13-10.6d, 10, 13-10.8d,3 and 13-10.9d,1, or emergency or temporary structures in the R-8 Residential Zone for an initial period not exceeding six months, or as extended up to three months, as provided in subsection 13-10.4d,9 of this chapter, Temporary Uses and Structures, while a principal building is being repaired or modified.
f.
No accessory building shall be used for residential purposes by any
person or persons, including members of the family or occupants of
the principal building or others employed on the premises.
The term "residential purposes" used in this subsection is to
be broadly construed as including all normal residential use, excluding
only accessory uses such as storage, utilities, mechanical equipment,
parking, workshops, property maintenance activities, garden support
facilities.
g.
Detached accessory buildings shall not have exterior staircases that
provide access to any attic space; however, interior stairs or pull
down stairs shall be permitted.
h.
Any lot shall not contain more than two accessory storage shed structures,
in addition to a detached garage. The combined floor area of any two
storage shed accessory structures shall be no more than 180 square
feet.
[Amended 2-25-2021 by Ord. No. 2021-297]
i.
Accessory structures, such as a detached garage, storage shed, and
gazebo over 100 square feet should be anchored for flood hazard purposes.
j.
Unroofed decks and/or raised patios which do not rise above the height of the first floor level may extend up to five feet into the side yard setback; up to 10 feet into the front yard setback; and located not less than 10 feet from any rear yard lot line. At-grade patios shall conform to the accessory structure setbacks as set forth in § 13-10.3A, Schedule of Area, Yard, Setback and Height Requirements, of this chapter.
[Ord. No. 324, § 5.9]
Any lot utilized for single-family or two-family dwelling purposes
shall not contain more than one principal building.
[Ord. No. 324, § 5.10]
The provisions of this chapter shall not apply to customary
underground essential services, except that all facilities such as
pumping stations, repeater stations and electric substations, which
require a building above ground or any other above ground appurtenance
of any type more than 40 feet high, shall require approval as a conditional
use subject to the provisions of this chapter.
[Ord. No. 324, § 5.11]
Where two or more lots, created by the filing of a map pursuant
to the Map Filing Law prior to establishment of the borough planning
board, have any contiguous lines and are in single ownership and one
or more of the lots is nonconforming in any aspect, the lots involved
shall be considered to be an undivided parcel for the purposes of
this chapter and no portion of said parcel shall be conveyed or divided
except through the filing of an approved subdivision in accordance
with the provisions of this chapter.
a.
No structure shall extend higher than the limit provided in each
zone created hereunder for building height.
b.
The height limitations created hereunder shall not apply to spires,
belfries, cupolas or domes not used for human occupancy, or to parapets,
walls or cornices extending not more than four feet above the building
height limit.
c.
The height limitations created hereunder shall apply to chimneys,
ventilators, skylights, tanks, stair towers, elevator towers, appurtenances
usually carried above the roof level and non-commercial radio and
television antennas attached to a building, except that the same may
exceed said height limitation by not more than 15 feet, except that
skylights, heating and air conditioning equipment and ventilators
may exceed the height limitation by no more than four feet. Such features
shall not exceed, in total coverage, 20% of the total roof area.
d.
Free standing non-commercial radio and television antennae and flag
poles may exceed the height limits created hereunder by not more than
15 feet.
Wherever feasible all of the following shall be preserved in
its natural state:
Whenever a person acquires title to the land under water adjacent
to his property by virtue of a riparian grant from the state, then
the grant area shall automatically be zoned the same as the upland
property adjacent to the grant, provided, however, that any part of
this grant not filled, graded and stabilized pursuant to a valid construction
permit shall not be applicable to meeting the minimum lot area for
the governing zone.
Where applicable, the planning board shall require as a condition
of site plan approval, that the owner convey to the borough, drainage
easements, conservation easements, sight easements and/or other easements
which may be required.
Solid wastes from single and two family homes, if stored outdoors,
shall be placed in metal or plastic receptacles with tight fitting
covers or in closed plastic bags.
Such receptacles shall not be stored or placed within any front
yard area prior to the time at which solid wastes are permitted to
be placed at the curb lines for collection. Such receptacles may be
stored in either the rear or side yard areas, but if stored within
a side yard area, they shall be screened from view of adjoining properties
and street areas with planting or fencing.
Solid wastes from all uses other than single or two family homes shall comply with subsection 13-8.27 of this chapter.
The dumping of refuse, waste material or other substances is
prohibited in all districts within the borough as permitted by borough
ordinance.
a.
Retail and/or wholesale business uses shall not display goods for
sale, including motor vehicles, outdoors except in accordance with
a site plan approved by the planning board, except as permitted for
a marina operation.
b.
Such outdoor displays shall only be permitted where the goods displayed
are the merchandise of a business enclosed within a structure located
on the site, or for temporary sidewalk or other types of outdoor sales,
in accordance with a permit or other approval issued therefor by the
borough council. Uses such as flea markets where two or more concessionaires,
proprietors or businesses display goods for sale out of doors shall
not be permitted in any zone within the borough.
c.
Coin operated vending machines shall not be located further than
two feet from a related business structure.
d.
Goods for sale, displayed or stored outdoors including garage, yard
or porch sales shall not be located closer than 25 feet to any street
right-of-way or 15 feet to any side or rear line, except in conjunction
with temporary sidewalk or other types of outdoor sales as permitted
under paragraph b. Garage, yard or porch sales shall not exceed four
to eight hours in duration in any given month.
e.
Goods for sale, displayed or stored outdoors, shall not be located
closer than 25 feet to any street right-of-way or 15 feet to any side
or rear line, except in conjunction with temporary sidewalk or other
types of outdoor sales as permitted under paragraph b.
a.
Within any residential district, no building with a permitted home
professional office or home occupation shall be constructed or altered
so as to be inharmonious to the residential character of adjacent
structures.
b.
The types of construction not considered to be residential in character
include store front type of construction, buildings with garage doors
larger than needed for passenger vehicles or light commercial vehicles,
unfinished concrete or cinder block wall surfaces, quonsets and trailers.
The exterior elevations shall be arranged and outer walls of
non-residential buildings shall be faced with materials approved by
the planning board in conjunction with site plan approval. The architecture
of all buildings shall be compatible with structures on adjacent lands
and in the neighborhood.
a.
No part of a boat, trailer or camper shall intrude into the sidewalk
or public street.
b.
No boat, trailer or camper shall be parked on a public street without
the approval of the police department. This approval shall be limited
to a maximum period of 24 hours.
c.
No boat, trailer or camper shall be stored in such a fashion as to
block access or passage by emergency personnel.
d.
Any boat, trailer or camper stored on property shall have a current
registration, except for commercial property licensed to store boats
or recreational vehicles. This requirement shall not apply to rowboats
or sailboats which do not have an auxiliary engine and which move
entirely by oar or sail.
a.
No commercial vehicle having a rated maximum gross vehicle weight
(GVW) in excess of five tons or having more than two axles shall be
parked or stored overnight on any occupied property which is primarily
used for residential purposes or on any vacant property in a residentially
zoned area except for vehicles engaged in construction, parked or
stored on an active construction site.
b.
Not more than one motor vehicle with commercial motor vehicle registration
having a rated maximum gross vehicle weight (GVW) of five tons or
less shall be parked or stored overnight on any occupied property
which is primarily used for residential purposes or on any vacant
property in a residentially zoned area, except for vehicles engaged
in construction, parked or stored on an active construction site.
This provision shall not apply to passenger automobiles with commercial
motor vehicle registration.
No building, structure or use shall be permitted within areas
defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated
on the wetlands maps prepared by the New Jersey Department of Environmental
Protection except in accordance with a permit issued under the Act.
a.
Free standing radio and television antennae shall only be placed
in the rear yard area and shall be located no closer than 15 feet
to any property line.
All development within the borough shall conform to the regulations
of the State Uniform Construction Code which requires that any new
construction or substantial improvements be reasonably safe from flooding.
All new construction or substantial improvements shall also comply
with current U.S. Housing and Urban Development Comprehensive Flood
Insurance Regulations.
As a condition of approval and the continuance of any use, occupancy
of any structure, and operation of any process or equipment, the applicant
shall supply evidence, satisfactory to the planning board or to its
designated representative that the proposed use, structure, process,
or equipment will conform fully with all of the applicable performance
standards. As evidence of compliance, the board may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant. The
planning board may require that specific types of equipment, machinery
or devices be installed, or that specific operating procedures or
methods be followed if the government agencies or testing laboratories
examining the proposed operation shall determine that the use of such
specific types of machinery, equipment, devices, procedures or methods
are required in order to assure compliance with the applicable performance
standards. Permits and certificates required by other government agencies
shall be submitted to the planning board as proof of compliance with
applicable codes.
The planning board and/or governing body may require that instruments
and/or other devices, or professional reports or laboratory analysis
be used to determine compliance with the following performance standards
for an existing or proposed use and the cost thereof shall be borne
by the owner, applicant or specific use in question.
Artificial lighting or illumination provided on any property
or by any use shall adhere to the following standards:
a.
The illumination provided by artificial lighting on the property
shall not exceed 0.5 foot candles beyond any property line.
b.
Spotlights or other types of artificial lighting that provide a concentrated
beam of light shall be so directed that the beam of light does not
extend beyond any property lines.
c.
Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or building face that they illuminate
and shall not be located in such a manner as to cause the beams of
light to be reflected upon any adjoining property, public street or
vehicular circulation area.
It shall be the responsibility of every property owner, tenant,
developer and applicant to maintain in a safe and orderly condition
all buildings and land in the borough which they own, use, occupy
or have maintenance responsibility for in accordance with the following
regulations.
a.
Maintenance of all land uses within the borough shall include, but
is not limited to, the following:
1.
Potholes and other pavement failure within paved parking areas shall
be repaired on a regular basis, but in no event shall potholes or
pavement failures be left unrepaired for a period in excess of 30
days. If such potholes or pavement failure are hazardous to vehicles,
they shall be appropriately barricaded and marked to warn motorists.
2.
Paint striping, traffic control signs and markings, and all other
signs and graphics shall be maintained in a condition whereby they
can be clearly seen and are legible.
3.
Curbing, other pavement edging and sidewalks shall be maintained
free of cracks and holes which would present a hazard to pedestrians
or are unsightly.
4.
Unpaved or gravel parking and pedestrian areas shall be maintained
and regularly regraded in a manner which will keep the area free of
holes and other severe grade changes which would be hazardous to vehicular
and pedestrian usage.
5.
All areas of the site shall be kept free of debris and other materials.
All users of shopping carts or similar items shall provide for the
regular pickup of such shopping carts or similar items from parking
areas and other portions of the site at least once every hour during
their business hours. All shopping carts or similar items shall either
be stored indoors or in a location adjacent to the building specifically
set aside for such storage during nonbusiness hours.
Shopping carts shall be marked with the name of the establishment,
title and telephone number of person responsible for maintenance of
the shopping carts, and a notice that they are not to be removed from
the property on which the business is located. If shopping carts are
removed from the property and abandoned, they shall be picked up by
the business to which the cart belongs within 24 hours of notice from
the borough. Failure to pick up such shopping carts within 24 hours
of notice shall be a violation of this chapter, subject to the penalties
prescribed herein.
6.
All plantings and ground cover shall be regularly watered and cut.
All dead plant materials shall be removed or replaced (if such plantings
are required under this chapter, they shall be replaced only). All
lawn or other non-paved areas shall be kept trimmed and free from
weeds and other noxious growth.
7.
Building finishes shall be maintained reasonably free of peeling
or cracked paint, rust or other unsightly conditions.
8.
All refuse stored outdoors shall be kept within containers having
lids, which lids shall be kept closed except when refuse is being
loaded or unloaded, and which lids shall secure tightly onto the container
without any gaps providing access for rodents, insects and other vermin
or animals. Such containers shall be stored in a manner that the refuse
is not visible to pedestrians or persons within vehicles on or off
the site. Such containers shall be stored only within side or rear
yard areas and shall not be located to interfere with vehicular or
pedestrian circulation.
9.
All outdoor lighting shall be maintained in a working condition.
b.
All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in subsection 13-5.28a, above, additional maintenance responsibilities shall include, but are not limited to, the following:
1.
All ground cover and plantings within screening and landscaping areas
shown on an approved site plan or subdivision shall be regularly maintained.
When plant material shown on an approved site plan or subdivision
dies, it shall be replaced within the first 30 days of the next planting
season.
2.
Where a site plan specifies an outdoor refuse storage area, refuse
shall only be stored outdoors in such area. Refuse containers located
elsewhere on the site shall not be permitted.
Notwithstanding any provisions contained in Chapter 13, Land Use and Development Regulations to the contrary, entertainment both live and nonlive shall be permitted at schools, churches, public buildings, parks, and playgrounds, fire and first aid houses and veterans halls which are consistent with the normal contemplated uses and special event uses of such facilities, including but not limited to plays, skits, shows, dances and dancing, and such other reasonable activities with the consent and under the supervision of the group or organization which has authority and control of such facility.
[Ord. No. 95-741]
a.
Adult Movies and Bookstores Prohibited.
1.
Purpose and Intent: In accordance with the provisions of N.J.S.A.
40:55D-2 it is declared to be the purpose and intent of this subsection
to protect the public health, safety, welfare and morals of the Borough
of Union Beach, to promote the stability of property values, and impose
restrictions upon those activities which pander to gross sexuality
in a manner that would detract from the neighborhood, adversely affect
the property values, increase crime and violence, and be repugnant
to the morals of the community. In recognition of the protections
afforded to the citizens under the First and Fourteenth Amendments,
it is not the intent of this subsection to inhibit freedom of speech
or the press, but rather to deter those of low morals from imposing
their lack of morals upon the rest of the community; and further recognizing
that those parts of a community, which become centers of loose moral
conduct, frequently become places of rowdiness, criminality, and indecent
behavior. It is further the belief that just as advertising is designed
to stimulate one's appetite for desiring goods or a service, an over-abundance
of preoccupation with sexual displays or material arouses the appetites
of those so preoccupied and encourages violations of the criminal
statutes involving sexual offenses and is contrary to the health,
safety and welfare of the community.
b.
c.
Adult Movies, Cabarets, and Bookstores Prohibited.
1.
Book Sales. No person, firm or corporation shall sell or offer for
sale any book, magazine or other periodical such is distinguished
or characterized by emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas."
2.
Mini Motion Picture Displays. No person, firm or corporation shall
offer for viewing either free of charge or through coin-operated motion
picture devices or any other movie or form of display; which has significant
displays of specified sexual activities or specified anatomical areas.
3.
Cabarets. No person, firm or corporation shall feature or permit
dancers, or other persons to be engaged in specified sexual activities.
d.
Obscene Video Games, Computer Games and Coin Operated Games. It shall
be unlawful for any person to own, lease, operate or offer for the
use of the public within the Borough of Union Beach any coin-operated
amusement devices, video games, computer games or viewing machines
which depict material which is obscene if considered as a whole, applying
community standards, its predominate appeal is to prurient interests,
that is, a shameful or morbid interest in nudity, sex or excretion,
and utterly without redeeming social value and if, in addition, it
goes substantially beyond customary limits of candor in describing
or representing such matters. This prohibition also applies to the
free of charge showing and/or allowing the viewing in total or part
of any of said obscene games or devices, etc., which are otherwise
offered for sale for either on or offsite viewing.
e.
Visibility - Required in Picture Arcades.
1.
Findings and Purpose. Enclosed or concealed booths and unlit or dimly
lit areas within picture arcades greatly increase the potential for
misuses of the premises, including unlawful conduct of a type which
facilitates transmission of disease. The provisions of this subsection
are necessary in order to reduce the opportunity for, and therefore
the incidence of, illegal conduct within picture arcades, and to facilitate
the inspection of conduct within picture arcades by law enforcement
personnel and authorized borough inspectors.
2.
Picture Arcade. Any room to which the public can gain admittance
where one or more coin or slug-operated or electrically, electronically
or mechanically controlled still or motion picture machines or projectors
or video monitors are designed, operated or maintained to show still
or motion pictures or videos to five or fewer persons per machine,
projector or monitor at any one time.
3.
Visibility of Interior. It shall be unlawful for any person, partnership,
corporation or other entity to own, operate, maintain or manage a
picture arcade, unless the complete interior of the portion of the
premises where the pictures can be viewed is continuously open and
fully visible. Booths within picture arcades where still or motion
pictures are viewed are prohibited.
4.
Minimum Lighting Requirements. A level of illumination established
by the chief of police, based upon generally accepted lighting standards,
and published in a list of rules and regulations governing picture
arcades shall be maintained during hours of operation in all parts
of any picture arcade which are open to the public. The list of rules
and regulations shall be available upon request to the police department.
5.
Existing Picture Arcades. Any picture arcade lawfully in existence
on the effective date of this subsection shall be made to conform
to the provisions of this subsection by January 1, 1996.
f.
Nuisance Injunction. Any violation of this subsection 13-5.30 is hereby declared to be a nuisance. In addition to any other relief provided by this subsection, the borough attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this subsection. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.
g.
Penalty. Any person, firm or corporation violating any provision of this subsection 13-5.30 shall be fined or imprisoned pursuant to the general penalty provision provided by section 3-1 et seq. of the "Revised General Ordinances of the Borough of Union Beach 1980" for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 2003-34; 6-18-2020 by Ord. No. 2020-291]
For individual building lots, no fill shall be placed on any
property within the Borough of Union Beach, nor shall any soil be
removed from any property within the Borough of Union Beach without
the prior approval of the Borough. Approval of a site plan or subdivision
showing such filling or removal or approval of a grading plan upon
the advice of the Borough Engineer and/or Planning Board shall constitute
such approval of the Borough.
Where soil removal or fill changes the existing grade of the
property, a grading plan will be required for review and approval
upon advice of the Borough Engineer. The proposed grading shall be
in a manner so as to permit the continued flow of natural drainage
and shall not cause surface water to be blocked or dammed to create
ponding either on the subject property upon which such is located
or on any adjacent lots.
Prior to issuance of a final certificate of occupancy an as-built
grading plan will be required for review and approval by the Borough
Engineer. The as-built plan shall show the existing grade prior to
the removal or fill, as well as the completed grading.
Unless otherwise permitted by a municipal agency, the construction
official or his designee, grading plans and/or accompanying information
submitted must conform to the following minimum standards:
a.
Show existing and proposed grading information for the entire property,
not just the limits of disturbance.
b.
Existing grading information must be taken from field surveys or
identifiable aerial mapping of appropriate resolution (0.5 feet+-).
Existing grading information taken from aerials is not acceptable.
The source of the existing grading information must be identified.
c.
Show the locations of all existing and proposed principal and accessory
structures.
d.
Show all existing and proposed improvements (principal and accessory)
and grading changes with sufficient horizontal and vertical information
to identify the limits of grading.
e.
Include the name and the qualifications of the person preparing the
plan.
f.
Include the name and address of the property owner, if known; provide
the name and address of the contractor, the name and address of the
person responsible for the site grading; and a 24 hour emergency contact
telephone number.
g.
Show all proposed soil erosion and sediment control measures, as
well as a proposed sequence of construction.
h.
Show the locations of all streams, drainage swales or ditches, bodies
of water, regulated wetlands, or similar environmental features.
i.
Show all existing and proposed subsurface drainage related elements,
including, but not limited to, pipes, inlets, blind drains, wet wells,
sump pump discharges, down spout/leader drains, dry wells, etc.
j.
Show grading information on adjacent lots which clearly identifies
drainage patterns. A minimum of 20 feet is required. If the property
is flat or if the drainage patterns are poorly defined, additional
information may be required.
k.
Provide gutter and centerline elevations on all abutting roads at
50 foot intervals. If the lot frontage is 100 feet or less, a minimum
of three elevations must be provided along the frontage; one at each
property line and one in the center.
[Ord. No. 2016-244 § 4]
a.
Building on Pilings, Columns or Piers. Elevated buildings shall provide
screening (except where vehicular access is provided, and except where
the columns or piers are suitably finished) so that the construction-grade
pilings, columns, piers and cross-bracing are not visible from the
street and adjoining properties, in a manner permitted by the Federal
Emergency Management Agency Flood Hazard Regulations and the Borough
Flood Damage Prevention Ordinance. The screening shall be permanent
(except in a "V" zone where break-a-way walls are required), and may
be constructed of wood panels, vinyl, dimensional lattice, masonry
or other suitable material compatible with the finish and architectural
style of the building.
b.
Buildings Elevated by Means of Solid Foundation Perimeter Walls.
Solid foundation perimeter walls shall be finished in a manner that
does not detract from the appearance of the neighborhood. Unfinished
concrete block and cinder block is not acceptable. Split-face and
decorative block, stucco, wood, vinyl and fiber cement siding, brick
(and veneers), stone (and veneers), or other suitable material compatible
with the finish and architectural style of the building are acceptable
foundation wall treatments.
[Added 6-18-2020 by Ord. No. 2020-292]
a.
A private garage accessory to a principal residential building is
permitted in any residential zone.
b.
No part of any garage shall be used for residential purposes. The
term "residential purposes" used in this subsection is broadly construed
as including all normal residential use, excluding only accessory
uses such as storage, utilities, mechanical equipment, parking, workshops,
property maintenance activities, garden support facilities.
c.
One driveway and one curb cut shall be permitted for lots with less
than 100 feet of frontage the R-8 Residential Zone district. Lots
with greater than 100 feet of frontage shall have no more than two
single driveway curb cuts having a maximum twelve-foot width in the
R-8 Zone district.
d.
Driveways in the R-8 Zone district shall be set a minimum of two
feet from adjacent property lines unless adjacent property owners
enter into an agreement for maintaining a joint driveway.
e.
Driveways in the R-8 Zone district shall have a minimum width of
nine feet.
f.
Driveway shall have a maximum width of the greater of the width of
the garage door plus two feet, or 12 feet, whichever is greater.
g.
Off-street overnight parking shall be permitted only in garages or
in driveways. No overnight parking may take place on lawn areas or
other portions of the lot not intended for parking. All areas properly
used for parking shall be defined and included in lot coverage.
h.
Residential driveways and parking areas shall not occupy more than
40% of the front yard in the R-8 Zone district.
[Ord. #324; Ord. #625; Ord. #98-780; Ord. #2005-55; Ord.
#2006-81]
In all zones for all proposed uses, subdivision, site development
or construction other than an "exempt development," site plan and/or
subdivision approval shall be required prior to:
a.
Subdivision of land.
b.
Issuance of a development permit.
c.
The issuance of a building permit for any new structure or for any
addition to or alteration of an existing structure.
d.
Any change of use of land or structure to a use for which any of
the standards of this chapter are more restrictive or stringent.
e.
Any expansion of the total number of employees, number of employees
in any shift, or the number of vehicles to be stored or parked on
the site exceeding 25% of the amount existing at the time of passage
of this chapter or as set forth at the time of a previous site plan
approval.
f.
The construction or alteration of any public facility, structure
or building for which referral to the planning board for review and
recommendation is required by N.J.S.A. 40:55D-31.
g.
The construction or alteration of, or addition to any off-street
parking area which provides an increase of more than five parking
spaces.
a.
Application shall first be made to the administrative officer for
issuance of a development permit by any person wishing to undertake
any of the following:
1.
Subdivision of land.
2.
Construct a new building or structure.
3.
Add to or structurally alter any existing building.
4.
Change the use on any land or within any building or structure.
5.
Any expansion of the total number of employees, number of employees
in any shift, or the number of vehicles to be stored or parked on
the site exceeding 25% of the amount existing at the time of passage
of this chapter or as set forth at the time of a previous site plan
approval.
6.
Construct, add to or alter any parking area, signs, lighting, drainage
facility or any other site improvement above and/or below ground level.
7.
Alter the existing condition of any parcel of land.
b.
If the construction official shall determine that the proposed undertaking
is an "exempt development" which conforms in all aspects to the requirements
of this chapter, and does not change or alter the grading or runoff
flow or capacity of the site, and does not require direction for issuance
of a building permit pursuant to N.J.S.A. 40:55D-34 or 36 of the Municipal
Land Use Law, he shall issue a development permit and the applicant
may then apply for a building permit and/or other permits that may
be required.
c.
If the construction official shall determine that the proposed undertaking
is an "exempt development" but does not conform in all aspects to
the requirements of this chapter, and/or does not change or alter
the grading or runoff flow or capacity of the site, and/or requires
direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34
or 36 of the Municipal Land Use Law, he shall instruct the applicant
that planning board approval of the application for development and/or
variance and/or direction for issuance of a building permit is required
before a development permit may be issued allowing the applicant to
apply for a building permit and/or other permits that may be required.
d.
If the construction official shall determine that the proposed undertaking
is not an "exempt development" he shall instruct the applicant that
planning board approval of an application for development is required.
He shall further advise the applicant which of the following approvals
are required:
e.
Unless the developer elects to submit a separate application pursuant to the last paragraph of subsection 13-3.1i,5(d) (N.J.S.A. 40:55D-70(d)) the planning board shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that they hear and act upon a minor subdivision, preliminary plat of a major subdivision, or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.
f.
Certain commercial, industrial, multi-family or professional buildings
shall be exempt from the requirement for site plan approval under
the following circumstances.
1.
The proposed change in use of the land or building is from one permitted
use to another permitted use and the cost of the alteration of the
building or site will not exceed $50,000;
2.
The proposed change in use of the land or building is from one permitted
use to another permitted use and the proposed alteration of the building
will not extend the physical size of the building, structure or other
site improvement, regardless of cost;
3.
The proposed change in use of the land or building is from one permitted
use to another permitted use and the applicant proposes to install
additional exterior lighting not exceeding 500 watts.
Any person who desires to obtain approval of a site plan or
subdivision may request to be scheduled at a conference meeting of
the planning board for an informal discussion of the proposed development.
The purpose of the informal discussion shall be to establish general
guidelines to be followed by the applicant in preparing the submission.
a.
Submission Requirements. All applications for development shall be submitted and shall be accompanied by at least seven copies of the required application forms, plat maps and supporting attachments, exhibits and information. Applications for development shall not be accepted by the administrative officer unless they are accompanied by the required fees and all taxes are paid up to date as set forth in subsection 13-3.4.
b.
Administrative Review. Upon receipt of an application for development,
the construction official shall retain the original of the application
and forward the other two copies of the application and all plat maps,
supporting attachments, exhibits and other information submitted to
the secretary of the planning board. The secretary of the planning
board shall review the application for compliance with submission
requirements. If the application is for a site plan, subdivision and/or
conditional use, the secretary of the planning board shall make the
following distribution of the application, plat maps and attachments:
|
Application
|
Plat Maps & Attachments
| |
|---|---|---|
|
Monmouth County Planning Board
|
1
|
2
|
|
Bayshore Regional Sewage Authority
|
1
|
2
|
|
Borough Engineer
|
1
|
2
|
|
The planning board may determine that additional distribution
of the application, plat map and attachments should be made to other
agencies and in such cases the applicant may be required to submit
additional prints.
|
c.
Engineering Review. The borough engineer shall review applications
for development for site plans, subdivisions and conditional uses
and shall advise the planning board and the applicant of any technical
deficiencies, required changes and/or recommended changes. Seven copies
of revised plans and attachments, which correct all deficiencies,
incorporate all required changes and satisfactorily consider all recommended
changes shall be submitted to the planning board for further review.
d.
Certificate of Completeness. When all submission requirements have
been fulfilled and, in the case of site plans, subdivisions and conditional
uses, when reports have been received from the borough engineer that
the plans and attachments submitted are in technical compliance, the
secretary shall issue a certificate of completeness and schedule the
application for development for public hearing before the planning
board.
e.
Conditional Approvals. After issuance of a certificate of completeness, all applications for development shall be acted upon by the planning board within the time limits set forth within section 13-3 of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to planning board approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and design standards approved by the planning board to an extent that the board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the planning board and pay the fees for such revised approval set forth in subsection 13-3.4 of this chapter.
f.
Board Action. In acting upon an application for development for a
subdivision or site plan, the planning board shall consider whether
the submittal complies to the following standards and regulations:
1.
The proposed use is consistent with the master plan.
2.
The plat submission contains all of the information and data required
by this chapter.
3.
The details and improvement standards of the plat are in accord with
the standards of this chapter.
4.
Adequate provision is made for safe and convenient vehicular traffic
access, circulation and parking.
5.
Adequate provision is made for safe and convenient pedestrian circulation.
6.
Ingress and egress for the site will not unduly impede or obstruct
the flow of traffic on public streets.
7.
Adequate provision has been made for the collection and disposal
of storm water runoff and the proposed drainage facilities have been
approved by the borough engineer.
8.
Adequate provision has been made to screen adjoining residential
properties from any adverse effects that might result from outdoor
lighting, buildings, parking areas, refuse storage areas, recreation
areas, equipment areas, bulk storage areas or similar utilities or
structures located on the site.
9.
Adequate provision has been made for compliance with the performance
standards of this chapter.
10.
Adequate provision has been made to provide structures and uses of
a quality and design which will not produce adverse effects on existing
developments in the surrounding areas or further uses designated for
the surrounding area in the master plan.
11.
The proposed development is compatible with approved subdivisions
and/or site plans for adjacent and nearby parcels of land.
12.
Materials designated in the Borough of Union Beach Recycling Ordinance-520 (The Revised General Ordinances of the Borough of Union Beach, 1980, section 12-6 et seq.) shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
(a)
For each application for development or building permit for
"exempt development" for single family unit(s), the applicant shall
provide a storage area of at least 12 square feet within each dwelling
unit to accommodate a four week accumulation of mandated recyclables
(including but not limited to: newspaper, glass bottles, aluminum
cans, tin and bi-metal cans). The storage area may be located in the
laundry room, garage, basement or kitchen.
(b)
For each application for development for multifamily units,
the applicant shall provide a storage area of at least three square
feet within each dwelling unit to accommodate a one week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans). The storage
area may be located in the laundry room, garage, or kitchen. Unless
recyclables are collected on a weekly basis from each dwelling unit,
one or more common storage areas must be provided at convenient locations
within the development.
(c)
For each site plan application for commercial and industrial
developments that utilize 1,000 square feet or more of land, the applicant
shall provide the municipal agency with estimates of the quantity
of mandated recyclable materials (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans, high grade paper,
and corrugated cardboard) that will be generated by the development
during each week. A separated storage area must be provided to accommodate
a one to four weeks accumulation of recyclable material. The municipal
agency may require the location of one or more common storage areas
at convenient locations within the development.
g.
Reproduction Fee and Issuance of Development Permit. Approvals of
all applications for development shall not be valid until all of the
following have taken place;
1.
The administrative officer shall certify that all conditions of approval
have been satisfied.
2.
In the case of applications for development for site plans and subdivisions,
the applicant shall submit the reproducible original of the plat for
signature by the chairman and secretary of the planning board, and
in the case of minor subdivisions or final plats of major subdivisions,
to the borough engineer.
3.
In the case of applications for development for site plans and subdivisions,
the applicant shall have been paid the required reproduction fees.
4.
The administrative officer shall cause three copies of the signed
plat and attachments to be reproduced. One copy shall be retained
in the files of the administrative officer, one copy shall be retained
in the files of the borough engineer and one copy shall be retained
in the files of the planning board.
5.
After signature and reproduction the administrative officer shall
return the reproducible original of the plat and attachments to the
applicants.
6.
For all applications for development that receive minor or final
plat approval, the administrative officer shall issue a development
permit after the plat has been signed. The date of the development
permit shall be the date upon which the approval becomes valid. The
date upon which the approval of applications for development related
to preliminary plats becomes valid shall be the date on which the
plat is signed by the chairman and secretary of the planning board.
However, the period of time for which certain rights are conferred
upon the applicant shall commence on the date which the planning board
granted the approval.
a.
Required Documents. Prior to issuance of a certificate of completeness
or scheduling of a minor subdivision for public hearing, the board
secretary shall determine that the following have been submitted in
proper form:
1.
A certificate of title, which may be on the plat (signed by the owner
and notarized) or a letter form, signed by a member of the New Jersey
Bar, by a title officer or authorized agent of a title insurance company
licensed to do business in the State of New Jersey, which certificate
shall confirm that the owner of the premises in question is the owner
as shown on the plat.
2.
Borough engineer's report.
3.
Application for state wetlands approval where required.
4.
Other submittals that may be required by the borough engineer, planning
board, board of adjustment, or federal, state or local law.
5.
The application for development for a minor subdivision shall include
a request for the granting of any variances required.
6.
Required application fees.
7.
Seven copies of a plat and attachments meeting the requirements set
forth below.
b.
Plat Requirements.
1.
General Requirements: The plat for a minor subdivision shall be drawn
at a scale of not less than 100 feet to the inch, shall conform to
the provisions of the Map Filing Act, Chapter 141 of the Laws of 1960
of the State of New Jersey as amended and supplemented and shall include
or be accompanied by the information specified below:
(a)
All dimensions both linear and angular, of the exterior boundaries
of the subdivision, all lots and lands reserved or dedicated for public
use shall balance and their descriptions shall close within a limit
or error of not more than one part in 10,000.
(b)
The minor subdivision shall be based upon a current boundary
survey certified to the subdivider and prepared or recertified not
less than 12 months prior to the date of application.
2.
Title Block: A title block shall appear on all sheets and include:
(a)
Title of "minor subdivision."
(b)
Name of the subdivision, if any.
(c)
Tax map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest borough tax map, the date of which shall also
be shown.
(d)
Acreage of the tract being subdivided to the nearest tenth of
an acre.
(e)
Names and addresses of owner and subdivider so designated.
(f)
Date (of original and all revisions).
(g)
Name, signature, address and license number of the land surveyor
who prepared the map and made the survey (the plat shall bear the
embossed seal of said land surveyor).
3.
Detailed Information:
(a)
A key map (at a scale of not less than one inch equals 1,000
feet showing the location of the tract to be subdivided with reference
to surrounding areas, existing streets which intersect or border the
tract, the names of all such streets and any zone boundaries and borough
boundary which is within 500 feet of the subdivision.
(b)
The names of all owners of and property lines of parcels adjacent
to the land to be subdivided, including properties across the street,
as shown by the most recent records of the borough.
(c)
All zone boundaries, borough borders, existing public easements,
tax map lot and block numbers, watercourses, floodways and flood hazard
areas within 200 feet, and both the width of the paving and the width
of the right-of-way of each street within 200 feet of the subdivision.
(d)
All existing structures, with an indication of those which are
to be destroyed or removed, and the front, rear and side yard dimensions
of those to remain, referenced to proposed lot lines.
(e)
All proposed public easements or rights-of-ways and the purposes
thereof.
(f)
The existing system of drainage of the subdivision and of any
larger tract of which it is a part, together with information on how
it is proposed to dispose of surface drainage (where required by the
board or borough engineer.)
(g)
All proposed lot lines and the areas of all lots in square feet.
The areas and dimensions specified shall be shown to the nearest hundredth
of a square foot or hundredth of a linear foot.
(h)
North arrow.
(i)
Written and graphic scales.
(j)
A copy of any existing or proposed covenants or deed restrictions
applying to the land being subdivided or certification that none exist.
Such certification may be in letter form signed by a member of the
New Jersey Bar, by a title officer or authorized agent of a title
insurance company licensed to do business in New Jersey.
(k)
Proposed lot and block numbers approved by the borough engineer.
(l)
Such other information as the board and/or borough engineer
may require or request during the review of the application for classification
and approval as a minor subdivision.
c.
Conditions of Approval. Any approval of an application for development
for a minor subdivision granted by the planning board or board of
adjustment shall be subject to the following conditions being satisfied
prior to signing of the plat or issuance of a development permit:
1.
Installation of or posting of performance guarantees for the installation
of any improvements required by the board.
2.
Payment of any outstanding real estate taxes.
3.
Monmouth County Planning Board approval (if not previously granted).
4.
Bayshore Regional Sewerage Authority approval or waiver of sewer
requirements (if not previously granted).
5.
Payment of the required reproduction fee.
6.
Submission of additional prints of the plat map and attachments for
distribution (if required).
7.
Publication of a notice of the decision of the board by the applicant.
8.
Any other conditions which may be imposed by the board or which may
be required by federal, state or local law.
d.
Certification. In the event that the application for development
for a minor subdivision is approved, a certification to that effect
in this form:
|
Classified and approved as a minor subdivision by the Borough
of Union Beach Planning Board (Board of Adjustment) on _______________________.
| |
|
Attest:
|
Chairman
|
|
Secretary
|
Date
|
|
This plat (or a deed describing this subdivision) must be filed
in the office of the Clerk of Monmouth County on or before __________,
which date is 190 days after approval as a minor subdivision by the
Borough of Union Beach Planning (Board of Adjustment).
| |
|
Secretary
| |
|
shall be endorsed on the plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board and the borough engineer (as to the map filing law certification) after they receive a certification from the administrative officer that the conditions of approval have been satisfied. After signature the plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the signed original shall be returned to the applicant for filing.
|
e.
Filing of Approved Plat. If the applicant desires to proceed with
a subdivision for which approval as a minor subdivision has been granted,
he shall file with the county recording officer a deed or the approved
minor subdivision plat, drawn in compliance with the Map Filing Law,
(Chapter 141 of the Laws of 1960), as amended and supplemented, within
190 days from the date of approval by the board. The applicant shall,
within one week after filing the subdivision, notify, in writing the
borough engineer and borough tax assessor of the date of the filing
of the subdivision with the county recording officer, and the case
and sheet or page number for the filed plat or deed. A duplicate tracing
of the filed map or copy of the deed, indicating thereon the filing
date, shall be obtained from the county recording officer by the borough
who shall distribute copies of the filed map to appropriate municipal
officials. In the event the subdivider fails to so file within the
period allowed, the approval of the plat shall expire.
a.
Required Documents. Prior to issuance of a certificate of completeness
of scheduling of a preliminary plat of a major subdivision for public
hearing, the board secretary shall determine that the following has
been submitted in proper form:
1.
Borough engineer's report.
2.
Copy of application for granting of a CAFRA Permit, where required
and if submitted.
3.
Application for State Wetlands Permit, where required.
4.
Other submittals which may be required by the borough engineer, planning
board, board of adjustment, or federal, state or local law.
5.
The application for development for a preliminary plat of a major
subdivision shall include a request for the granting of any variances
required.
6.
Required application fees.
7.
Seven copies of a plat and attachments meeting the requirements set
forth below.
b.
Plat Requirements.
1.
General Requirements: All plats containing proposals or designs for
drainage, streets and subdivision layouts shall be prepared by a professional
engineer licensed to practice in the State of New Jersey and shall
bear the address, signature, embossed seal and license number of said
professional engineer. The preliminary plat shall be based on a land
survey conducted not more than five years prior to the date of application
and certified to the subdivider and shall be drawn at a scale of not
less than 100 feet to the inch for subdivisions up to 100 acres in
size, and not less than 200 feet to the inch for subdivisions over
100 acres in size, and shall show or be accompanied by the information
specified below.
2.
Title Block: The title block shall appear on all sheets and include:
(a)
"Preliminary Plat - Major Subdivision."
(b)
Name of subdivision, if any.
(c)
Tax map sheet, block, and lot number(s) of the tract to be subdivided
as shown on the latest borough tax map, the date of which shall also
be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and subdivider, so designated.
(f)
Name, signature, address and license number of the engineer
and/or land surveyor who prepared the map. (The plat shall bear the
embossed seal of said engineer and land surveyor.)
3.
A key map (at a scale of not less than one inch equals 1,000 feet)
showing the location of the tract to be subdivided, with reference
to surrounding areas, existing streets which intersect or border the
tract, the names of all such streets and any zone boundary or borough
boundary which is within 500 feet of the subdivision.
4.
A schedule shall be placed on the map indicating the acreage of the
tract, the number of lots, the zone, the minimum required lot areas,
setbacks, yards and dimensions.
5.
Zone boundaries, borough borders and the names of all owners, lot
and block numbers and property lines of parcels within 200 feet of
the land to be subdivided, including properties across the street,
as shown by the most recent records of the borough, or of the municipality
of which the property is a part. Property owners names within 200
feet shall be included on the plat plan and a listing will not be
acceptable.
6.
The preliminary plat shall be based on a current certified boundary
survey as required above with sufficient lines of the adjoining tracts
surveyed to establish any overlap or gap between the adjoining boundary
lines and the boundary lines of the tract in question. The date of
the survey and the name of the person making the same shall be shown
on the map.
7.
Contours:
(a)
Existing one foot interval contours based on United States Coast
and Geodetic Survey datum (MSL=0) shall be shown extending a minimum
of 100 feet beyond the boundary of the tract in question and shall
be certified by a New Jersey licensed surveyor or professional engineer
as to accuracy, except that where the slopes exceed 5%, a two foot
interval may be used, and if the slopes exceed 10%, a five foot interval
is permissible. The source of elevation datum base shall be noted.
If contours have been established by aerial photography, a check profile
shall be made on the boundary line of the tract and certified by a
New Jersey licensed land surveyor.
(b)
90% of elevations interpolated from contour lines will be within
one-half the contour interval when referred to the nearest bench mark.
All spot elevations shall be to the nearest one-tenth foot and accurate
to within three-tenths of a foot.
(c)
90% of all planimetric features shown on the map will be within
1/40 inch of their true position and no planimetric features will
be out of true position more than 1/20 inch at map scale when referenced
to the nearest field-established station. A statement of compliance
and/or a complete statement concerning any areas of noncompliance
with this requirement shall be placed on the tentative plat.
8.
All existing streets, public easements, watercourses, floodways and
flood hazard areas within the proposed subdivision and within 200
feet of the boundaries thereof, including both the width of the paving
and the width of the right-of-way of each street, within 200 feet
of the subdivision.
9.
All existing structures, an indication of those which are to be destroyed
or removed, and the front, rear, and side yard dimension of those
to remain.
10.
The boundaries, nature, extent and acreage of wooded areas and other
important physical features, including swamps, bogs and ponds within
the proposed subdivision and within 200 feet.
11.
The layout of the proposed subdivision drawn in compliance with the
provisions of the chapter.
12.
All proposed public easements or rights-of-way and the purposes thereof,
and proposed streets within the proposed subdivision. The proposed
streets shall show the right-of-way and proposed pavement width.
13.
The existing system of drainage of the subdivision and of any larger
tract of which it is a part, together with information on how it is
proposed to dispose of surface drainage.
14.
The acreage of the drainage area (or areas) of each natural or man-made
watercourse traversing the subdivision, including the area within
the subdivision and the area upstream from the subdivision.
15.
All proposed lot lines and the areas of all lots in square feet.
The areas and dimensions specified should be accurate to within minus
0% and plus 4% (for example, a lot line specified as 250 feet long
should not be less than 250 feet but may be as long as 260 feet).
16.
North arrow and basis therefor and written and graphic scales.
17.
Preliminary utility layouts showing methods of connection and sources
of service.
18.
The proposed location and area, in acres or square feet, of all proposed
common open space areas.
19.
The types and locations of all stakes, marks or flagged points, if
any, placed on the property to aid in on-site inspections. The planning
board may require the marks or stakes, as a minimum, be placed at
the intersection of all lines of the tract boundary with existing
streets, at the center of all cul-de-sacs, at all internal street
intersections, along street tangents at intervals not exceeding 500
feet, and at such additional locations as the planning board may deem
necessary. The locations indicated on the plat shall be accurate within
plus or minus 10 feet. Any traverse lines cut out and/or marked on
the site shall be shown on the plat. If such on-site points, as above
discussed, have not been established at the time of submission of
a tentative plat, the planning board may give the subdivider 15 days'
notice of the date of any proposed site inspection by the board, so
the points can be set.
20.
The tentative plat shall show, on the property to be subdivided and
within 200 feet of that property all existing paper streets, dirt
roads, paved streets, curbs, manholes, sewer lines, water and gas
pipes, utility poles, ponds, swamps and all other topographical features
of a physical or engineering nature.
21.
Preliminary on-site grading and drainage plan:
(a)
The preliminary plat shall show or be accompanied by a preliminary
grading and drainage plan which shall show locations of all existing
and proposed drainage scales and channels, retention-recharge basins,
the scheme of surface drainage and other items pertinent to drainage
including the approximate proposed grading contours at one foot intervals,
except if slopes exceed 5%, a two foot interval may be used, and if
they exceed 10%, a five-foot interval is permissible. Datum shall
be United States Coast and Geodetic Survey datum (MSL=0) and the source
of datum shall be noted.
(b)
The plan shall outline the approximate area contributing to
each inlet, catch basin or drain.
(c)
All proposed drainage shall be shown with preliminary pipe type
and sizes, invert elevations, grades and direction of flow. The direction
of flow of all surface waters and all watercourses shall be shown.
(d)
The preliminary grading and drainage plan shall be accompanied
by drainage calculations made in accordance with standards set forth
in this chapter.
22.
Preliminary off-site drainage plan. The preliminary plat shall also
be accompanied by a preliminary off-site drainage plan prepared in
accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage
basin in which the property to be subdivided is located. The terminus
of the basin and existing ground contours or other basis for determining
basin limits shall be shown.
(b)
Pertinent off-site existing drainage, which receives or discharges
runoff from or onto the site, shall be shown with elevations of inverts,
pipe types and sizes or other appropriate physical data for open or
nonpipe conduits.
(c)
To the extent that information is available and may be obtained
from the county or borough engineer, any existing plans for drainage
improvements shall be shown.
(d)
In the event a temporary drainage system is proposed, tentative
plans of that system shall be shown.
23.
Boring Logs: Unless the borough engineer shall determine that less
boring logs are required or that some or all of the boring logs may
be deferred to the final plat stage, the preliminary plat shall be
accompanied by a set of boring logs and soil analyses for borings
made in accordance with the following requirements:
(a)
Borings shall be spaced evenly throughout the tract.
(b)
One boring not less than 15 feet below the proposed grade or
20 feet minimum depth shall be made for every five acres, or portion
thereof, of land within a tract where the water table is found to
be 10 feet or more below the proposed or existing grade at all boring
locations.
(c)
One additional boring shall be made per acre, or portion thereof,
in those areas where the water table is found to be less than 10 feet
below the proposed or existing grade.
(d)
In addition to the above, in those areas where the water table
is found to be five feet or less below the existing or proposed grade,
two additional borings per acre, or portion thereof, will be required.
If construction of homes with basements is contemplated, at least
one boring will be located on each lot within the building setback
lines.
(e)
Boring logs shall show soil types and characteristics encountered,
groundwater depths, the methods and equipment used, the name of the
firm, if any, making the borings and the name of the person in charge
of the boring operation. The boring logs shall also show surface elevations
to the nearest one-tenth (0.1) of a foot.
(f)
Based on the borings, the preliminary plat shall clearly indicate
all areas having a water table within two feet of the existing surface
of the land, or within two feet of proposed grade, or all areas within
which two feet or more of fill is contemplated or has previously been
placed.
24.
The location, dimensions, area and disposition of any park and recreation
areas shall be shown and noted on the preliminary plat and shall be
subject to the approval of the planning board.
25.
Sectionalization and staging plans: The preliminary sectionalization
and staging plan showing the following:
(a)
If the subdivision is proposed to be filed for final approval
in sections, the plan shall show each such section and the anticipated
date of filing for each section. The staging of the various sections
in the subdivision shall be such that if development of the subdivision
were to be discontinued after the completion of any section, the developed
portion of the subdivision would be provided with adequate street
drainage and utility systems. The size and staging of the section
in a subdivision shall be established to promote orderly development
and shall be subject to the approval of the board.
(b)
The sectionalization and staging plan shall identify for each
lot or groups of lots in the subdivision those improvements that will
be completed prior to application for certificates of occupancy. The
plan should demonstrate that the staging of construction will minimize
adverse affects upon occupied buildings in the subdivision and adjoining
properties.
26.
If the borough engineer, planning board or board of adjustment, determines
that existing trees located on the site may have an effect on the
proper layout of the subdivision, it may be required that the location,
caliper and type be shown on the plat for the following:
(a)
Living deciduous trees having a trunk of six inches diameter
or more at breast height.
(b)
All living coniferous trees having a trunk of six inches or
more diameter at breast height.
(c)
All living dogwood (Cornus florida) or American Holly (Ilex
opaca) trees having a trunk of one inch or greater diameter at breast
height.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown
of three inches or greater measured at the soil or surface level.
27.
The location of proposed depressed pedestrian ramps and other facilities
for the handicapped.
28.
Such other information as the board and/or borough engineer may require
or request during the review of the preliminary plat.
c.
Conditions of Approval. Any approval of an application for development
for a preliminary plat of a major subdivision by the planning board
or board of adjustment shall be subject to the following conditions
being satisfied prior to the signing of the plat:
1.
Payment of required reproduction fee.
2.
Submission of additional prints of the plat and attachments for distribution
(if required).
3.
Preliminary Monmouth County Planning Board approval (if not previously
granted).
4.
Preliminary Bayshore Regional Sewerage Authority approval (if not
previously granted).
5.
Publication of a notice of decision of the board by the applicant.
6.
Any other conditions which may be imposed by the board or may be
required by federal, state or local law.
The board may also condition its preliminary approval upon the
applicant providing for certain revisions or additions on the final
plat submission.
d.
Certification. In the event that the application for development
for a preliminary plat of a major subdivision is approved, a certificate
to that effect in this form:
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Approved as a preliminary plat of a major subdivision by the
Borough of Union Beach Planning Board (Board of Adjustment) on ______________________.
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Attest:
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Chairman
|
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Secretary
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Date
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shall be endorsed as the preliminary plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the signed original shall be returned to the applicant.
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e.
Applicant's Rights Upon Approval. Approval of a preliminary plat
shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49
and subsection 13-3.1j.5 of this chapter.
f.
Improvements not to be Installed. Approval of a preliminary plat
shall not confer upon the developer the right to undertake any clearing,
grading and/or to install any improvements prior to final plat approval
unless it shall be determined by the planning board or board of adjustment
and the borough engineer that (1) such clearing, grading and/or installation
of improvements would not hinder future development or create physical
or aesthetic problems in the event that further development of the
subdivision is not undertaken and (2) that required inspection fees
have been paid and adequate performance guarantees have been posted
to provide for the cost to the borough of performing work that may
be necessary to protect adjacent property owners and the public interest
in the event that such clearing, grading and/ or installation of improvement
is not completed and/or further development of the subdivision is
not undertaken. Such performance guarantees shall include, but are
not limited to, the cost to the borough of providing erosion control
facilities, seeding or otherwise stabilizing the site, drainage facilities
necessary to protect off-tract acres from flooding, screening or fencing
that may be required and all improvements to be undertaken that may
be required and all improvements to be undertaken which are within
existing public rights-of-way of easements.
a.
Required Documents. Prior to issuance of a certificate of completeness
or scheduling of a preliminary plat of a site plan for public hearing,
the board secretary shall determine that the following has been submitted
in proper form:
1.
Borough engineer's report.
2.
Copy of application for granting of a CAFRA Permit, where required
and if submitted.
3.
Application for municipal and/or State Wetlands Permit, where required.
4.
Other submittals that may be required by the borough engineer, planning
board, board of adjustment, or federal, state or local law.
5.
The application for development for a preliminary plat of a major
site plan shall include a request for the granting of any variances
required.
6.
Required application fees.
7.
Seven copies of a plat and attachments meeting the requirements set
forth below.
b.
Plat Requirements.
1.
General Requirements:
(a)
Any preliminary plat of a site plan presented to the planning
board or board of adjustment for its approval shall be signed and
appropriately sealed by an architect, professional engineer, land
surveyor and/or professional planner licensed to practice in the State
of New Jersey; provided, however, that sanitary sewer, water distribution
and storm drainage plans and water and sewage treatment plans may
only be signed and sealed by a professional engineer.
(b)
Site plans shall not be drawn at a scale smaller than one inch
equals 50 feet nor larger than one inch equals 10 feet. If the size
of the site would require the use of sheets larger than 30 inches
by 42 inches in order to show the entire site on one sheet, the detailed
information for the site plan shall be shown in sections on sheets
not larger than 30 inches by 42 inches, which sheets shall be keyed
to an overall plan of the site drawn at a scale of not less than one
inch equals 200 feet.
The site plan shall be based on a monumented, current certified
boundary survey. The date of the survey and the name of the person
making same shall be shown on the map. If 12 months or more has passed
since the date of (or date of last recertification of) the survey,
it shall be recertified and if necessary, brought up to date.
2.
Title Block: The title block shall appear on all sheets and include:
(a)
Title of "Preliminary Plat - Site Plan."
(b)
Name of the development, if any.
(c)
Tax map sheet, block and lot number of the site, as shown on
the latest borough tax map, the date of which should also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and developer, so designated.
(f)
Names(s), signature(s), addresses(es), and license number(s)
of engineer, architect, land surveyor or planner who prepared the
plan and their embossed seal.
(g)
If the site plan contains more than one sheet, each sheet shall
be numbered and titled.
3.
A schedule shall be placed on the site plan indicating:
(a)
The acreage of the tract and site (the portion of the tract
involved in the site plan).
(b)
The floor area of the existing and proposed buildings (listed
separately).
(c)
The proposed use or uses and the floor area devoted to each
use.
(d)
The zone in which the site is located.
(e)
Proposed and required lot dimensions and front, rear and side
setbacks.
(f)
Proposed and required off-street parking spaces.
(g)
Square footage and percentage of the site retained in unoccupied
open space and occupied by buildings.
4.
North arrow and written and graphic scales.
5.
The tops of the banks and boundaries of the floodways and flood hazard
areas of all existing watercourse, where such have been delineated
or the limits of alluvial soils where the boundaries of floodways
and flood hazard areas have not been determined, and/or such other
information as may assist the board in the determination of floodway
and flood hazard area limits.
6.
Paving and right-of-way widths of existing streets within 200 feet
of the site.
7.
The boundary, nature and extent of wooded areas, swamps, bogs and
ponds within the site and within 200 feet thereof.
8.
Existing and proposed manholes, sewer lines, fire hydrants, water
lines, utility poles and all other topographical features of a physical
or engineering nature within the site and within 200 feet thereof.
9.
All existing structures on the site and within 200 feet thereof,
including their use, indicating those to be destroyed or removed and
those to remain.
10.
Location, use, finished grade level, ground coverage, first floor
and basement elevations, front, rear and side setbacks of all existing
buildings and other pertinent improvements.
11.
Existing and proposed public easements or rights-of-way and the purposes
thereof.
12.
A grading plan showing existing and proposed grading contours at
one foot intervals throughout the tract, except if slopes exceed 5%,
a two-foot interval may be used, and if they exceed 10%, a five-foot
interval is permissible. Datum shall be United States Coast and Geodetic
Survey datum (MSL=0) and source of datum shall be noted. In addition
to proposed grading contours, sufficient additional spot elevations
shall be shown to clearly delineate proposed grading.
13.
On-site drainage plan:
(a)
The drainage plan shall be presented in graphic form which shall
clearly show the street and lot layout and those items which are pertinent
to drainage including existing and proposed contours as previously
required.
(b)
The plan shall outline each area contributing to each inlet.
(c)
All proposed drainage shall be shown with pipe type and sizes,
invert and grate or rim elevations, grades and direction of flow.
The direction of flow of all surface waters and of all streams shall
be shown.
(d)
The drainage plan shall be accompanied by complete drainage
calculations made in accordance with the standards set forth in this
chapter.
14.
Off-site drainage plan: The plat shall also be accompanied by an
off-site drainage plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage
basin in which the site is located. The terminus of the basin and
existing ground contours or other basis for determining basin limits
shall be shown.
(b)
The pertinent off-site existing drainage shall be shown with
elevations of inverts and grates to the nearest one-tenth of a foot.
(c)
To the extent that information is available and may be obtained
from the county or municipal engineer, any existing plans for drainage
improvements shall be shown.
(d)
In the event a temporary drainage system is proposed, full plans
of that system shall be shown.
(e)
The off-site drainage plans shall be accomplished by profiles
of all proposed drainage, showing existing details, pipe sizes, type,
inverts, crowns and slopes; all proposed structures and connections
and design hydraulic grade lines for all conduits designed to carry
40 or more cubic feet per second. Cross-sections at intervals not
exceeding 100 feet shall be shown for all open channels.
15.
If required by the borough engineer, centerline profiles of streets
bordering the site, internal roadways and major circulation aisles
showing:
16.
Boring Logs: Unless the borough engineer shall determine that less
boring logs are required or that some or all of the boring lots may
be deferred to the final plat stage, the site plan shall be accompanied
by a set of boring logs and soil analyses for borings made in accordance
with the following requirements:
(a)
Borings shall be spaced evenly throughout the site.
(b)
One boring not less than 15 feet below grade or 20 feet minimum
depth shall be made for every five acres (or portion thereof) of land
where the water table is found to be 10 feet or more below proposed
or existing grade at all boring locations.
(c)
One additional boring shall be made per acre (or portion thereof)
in those areas where the water table is found to be less than 10 feet
below proposed or existing grade.
(d)
In addition to the above, in those areas where the water table
is found to be five feet or less below existing or proposed grade,
two additional borings per acre (or portion thereof) will be required
if construction of basements is contemplated. Borings shall be located
where such basements are proposed.
(e)
Boring logs shall show soil types and characteristics encountered,
ground water depths, the methods and equipment used, the name of the
firm, if any, making the borings and the name of the person in charge
of the boring operation. The boring logs shall also show surface elevations
to the nearest one-tenth of a foot.
(f)
Based on the borings, the site plan shall clearly indicate all
areas having a water table within two feet of the existing surface
of the land, or within two feet of proposed grade; or all areas within
which two feet or more of fill is contemplated or has previously been
placed.
17.
Zone boundaries and the tax map sheet, lot and block numbers and
names of owners of all properties within 200 feet of the site.
18.
A key map, (at a scale of not less than one inch equals 1,000 feet),
showing the location of the site with reference to surrounding areas,
existing streets, the names of all such streets and any zone boundary
or borough boundary which is within 500 feet of the subdivision.
19.
The location, area, dimensions and proposed disposition of any area
or areas of the site proposed to be retained as common open space,
indicating the facilities to be provided in such areas.
20.
The capacity of off-street parking areas and the location and dimensions
of all access drives, aisles and parking stalls. The location and
treatment of existing and proposed entrances and exits to public rights-of-way,
including the possible utilization of traffic signals, channelization,
acceleration and deceleration lanes, additional width and any other
device necessary for traffic safety and/or convenience, and the estimated
average number of passenger vehicles, single unit trucks or buses,
and semitrailers that will enter the site each day.
21.
Graphic depiction of the anticipated routes and details of the system
of on-site vehicular and pedestrian circulation. If the developer
desires to have the appropriate provisions of Title 39 of the Revised
Statutes governing motor vehicle operation, made applicable to the
site, thereby allowing municipal police regulation of traffic control
devices, he shall submit a formal request and a detailed plan meeting
the requirements of the New Jersey Department of Transportation. The
borough engineer will advise the developer regarding the details of
such a plan.
22.
The location and size of proposed loading docks.
23.
Location of curbs and sidewalks.
24.
Cross-sections showing the composition of pavement areas, curbs and
sidewalks.
25.
Exterior lighting plan, including the location, direction of illumination,
amount of illumination expressed in horizontal foot candles, wattage
and drawn details of all outdoor lighting standards and fixtures.
26.
Landscaping and screening plan showing the location, type, spacing
and number of each type of tree or shrub and the location, type and
amount of each type of ground cover to be utilized.
27.
Location of signs and drawn details showing the size, nature of construction,
height and content of all signs.
28.
Drawn details of the type of screening to be utilized for refuse
storage areas, outdoor equipment and bulk storage areas.
29.
Floor plans and building elevation drawings of any proposed structure
or structures, or existing structures to be renovated.
30.
Location of handicapped facilities including parking spaces and ramps
(where applicable).
31.
If the borough engineer or planning board determines that existing
trees located on the site may have an effect on the proper layout
of the site, it may be required that the location, caliper and type
be shown on the plat for the following:
(a)
Living deciduous trees having a trunk of six inches diameter
or more at breast height.
(b)
All living coniferous trees having a trunk of six inches or
more diameter at breast height.
(c)
All living dogwood (Cornus florida) or American holly (Ilex
opaca) trees having a trunk of one inch or greater diameter at breast
height.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown
of three inches or greater measured at the soil or surface level.
32.
Sectionalization and staging plan: Developers of large uses such
as shopping centers, multi-family dwellings, industrial parks or other
such uses proposed to be developed in stages shall submit a sectionalization
and staging plan showing the following:
(a)
The anticipated date for commencing construction of each section
or stage. The staging of development on the site shall be such that
if development of the site were discontinued after the completion
of any stage, the developed portion of the site would comply in all
respects to the requirements of this chapter and be provided with
adequate drainage and utility systems.
(b)
Those improvements that will be completed in each stage prior
to application for certificate of occupancy. The plan should demonstrate
that the staging of construction will minimize adverse affects upon
occupied buildings in the site and adjoining properties.
33.
Written description of the proposed operations in sufficient detail
to indicate the effects of the use in producing traffic congestion,
noise, glare, air pollution, fire hazards or safety hazards. The written
description shall also include the hours of operation of the use,
the number of shifts to be worked, the number of employees in each
shift, the number of vehicles to be stored or parked on the site,
and provisions to be made for site maintenance.
34.
Such other information as the planning board and/or borough engineer
may request during site plan review.
c.
Conditions of Approval. Any approval of an application for development
for a preliminary plat of a major site plan by the planning board
or board of adjustment shall be subject to the following conditions
being satisfied prior to the signing of the plat:
1.
Payment of required reproduction fee.
2.
Submission of additional prints of the plat and attachments for distribution
(if required).
3.
Preliminary Monmouth County Planning Board approval (if not previously
granted).
4.
Preliminary Bayshore Regional Sewerage Authority approval (if not
previously granted).
5.
Publication of a notice of the decision of the board by the applicant.
6.
Any other conditions which may be imposed by the board or may be
required by federal, state or local law.
The board may also condition its preliminary approval upon the
applicant providing for certain revisions or additions on the final
plat submission.
d.
Certification. In the event that the application for development
for a preliminary plat of a site plan is approved, a certification
to that effect in this form:
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Approved as a preliminary plat of a site plan by the Borough
of Union Beach Planning Board (Board of Adjustment) on __________.
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|
Attest:
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Chairman
|
|
Secretary
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Date
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shall be endorsed on the preliminary plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature the preliminary plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the signed original shall be returned to the applicant.
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e.
Applicant's Rights Upon Approval. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40: 55D-49 and subsection 13-3.1j5 of this chapter.
f.
Improvements Not to be Installed. Approval of a preliminary plat
shall not confer upon the developer the right to undertake any clearing,
grading and/or to install any improvements prior to final plat approval
unless it shall be determined by the planning board or board of adjustment
and the borough engineer that (1) said clearing, grading and/or installation
of improvements would not hinder future development or create physical
or aesthetic problems in the event that further development of the
site plan is not undertaken and (2) that required inspection fees
have been paid, and adequate performance guarantees have been posted
to provide for the cost to the borough of performing work that may
be necessary to protect adjacent property owners and the public interest
in the event that such clearing, grading and/or installation of improvements
is not completed and/or further development of the site is not undertaken.
Such performance guarantees shall include, but are not limited to,
the cost to the borough of providing erosion control facilities, seeding
or otherwise stabilizing the site, drainage facilities necessary to
protect off-tract areas from flooding, screening or fencing that may
be required and all improvements to be undertaken which are within
existing public rights-of-way or easements.
g.
Waiver of Site Plan Approval Procedure. The planning board may waive
the requirement for the submission of a site plan for its review and
approval if the application involves an addition to or an alteration
of an existing structure, a change in use of any existing structure
or improvement to a business costing less than $5,000. The planning
board shall grant such a waiver if it finds, on the basis of documentation
and evidence presented that the existing conditions on the premises
involved are satisfactory for the proposed use. Application for a
waiver of site plan approval shall be submitted in writing to the
administrative officer with a fee of $20 payable to the Borough of
Union Beach. The planning board shall hold a public hearing on the
application as in the case of an application for site plan approval.
The planning board shall act on the application for a waiver at its
meeting during which it holds the public hearing or within such additional
time as may be agreeable to the applicant. Any waiver of site plan
approval shall be valid for the same period of time as an approval
of a final site plan would have been valid.
a.
Required Documents. Prior to issuance of a certificate of completeness
or scheduling of a final plat of a major subdivision for public hearing,
the board secretary shall determine that the following has been submitted
in proper form:
1.
Borough engineer's report.
2.
Application for land disturbance permit.
3.
Application for fire department approval.
4.
Application for municipal and/or state wetlands approval, where required.
5.
Application for stream encroachment permit, where required.
6.
Where applicable, a copy of the permit issued, or if the permit has
not been issued, the application filed with the New Jersey Department
of Environmental Protection, under the Coastal Area Facility Review
Act, and copies of the environmental impact statement and any attachments
thereto filed in accordance with the provisions of the Act, or, in
the alternate, a statement issued by the Department of Environmental
Protection that the proposed development is exempt from the Act.
7.
A certificate of title, which may be on the plat (signed by the owner
and notarized) or in letter form, signed by a member of the New Jersey
Bar or by a title officer or authorized agent of a title insurance
company licensed to do business in the State of New Jersey, which
certificate shall confirm that the owner of the premises in question
is the owner as shown on the plat.
8.
Other submittals that may be required by the borough engineer, planning
board, board of adjustment, or federal, state or local law.
9.
Unless waived by the board, a formal request, in appropriate statutory
form, requesting that the applicable provisions of Title 39 of the
Revised Statutes be made applicable to the site in order to permit
police regulation of traffic control devices prior to acceptance of
streets.
10.
Required application fees.
11.
Seven copies of the plat and attachments meeting the requirements
set forth below.
b.
Plat Requirements.
1.
General Requirements: A final plat may, for all or any portion of
an approved preliminary plat, be submitted to the planning board within
three years of the date of approval of the preliminary plat. In general,
all requirements set forth in this chapter for tentative plats shall
apply to final plats with the addition of the specific additional
requirements set forth herein.
(a)
A final plat shall be drawn at a scale of not less than 100
feet to the inch, shall conform to the provisions of Chapter 141 of
the Laws of 1960 of the State of New Jersey, as amended and supplemented,
specified herein.
(b)
All dimensions, both linear and angular, of the exterior boundaries
of the subdivision and all lots and all lands reserved or dedicated
for public use shall balance and their description shall close within
a limit of error of not more than one part in 10,000.
(c)
Unless specifically waived by the borough engineer, the bearing
system used on the exterior boundaries of the final plat shall conform
to the New Jersey State Plan Coordinate System or the plat shall show
bearings based on said system in addition to any other bearings shown.
When multiple bearing systems are shown, the bearings conforming to
the New Jersey State Plan Coordinate System shall be enclosed in brackets.
(d)
Unless specifically waived by the borough engineer, coordinates,
based on the New Jersey State Plan Coordinate System (x and y) shall
be shown, individually or in tabular form, for the monumented (existing
or proposed) corners of the exterior boundary of the tract.
(e)
The source of New Jersey State Plan Coordinate System information
shown as required above shall be noted on the final plat.
2.
Purpose of Final Plat: A final plat and supporting drawings and documents
for a proposed subdivision constitute the complete and fully detailed
and documented development of the subdivision proposal and becomes
the basis for the construction of the subdivision and inspection by
the borough engineer, other officials and planning board or board
of adjustment. The portion of the plat intended for filing must be
recorded at the county clerk's office to have legal status.
3.
Title Block: The title block shall appear on all sheets and include:
(a)
Title of "Final Plat - Major Subdivision."
(b)
Development name, if any.
(c)
Tax map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest borough tax map, the date of which shall also
be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and subdivider, so designated.
(f)
The name(s), signature(s), address(es) and license number(s)
of the engineer and land surveyor who prepared the map. (The plat
shall bear the embossed seal of said engineer and land surveyor).
4.
The final plat shall be based on a monumented, current, certified
boundary survey. The date of the survey and the name of the person
making the same shall be shown on the map. If 12 months or more have
passed since the date of or date of last recertification of the survey,
it shall be recertified and, if necessary, brought up to date. Any
necessary revisions from the survey used as a base for the tentative
plat shall be specifically noted.
5.
A schedule shall be placed on the map indicating the acreage of the
tract, the number of lots, the zone, the minimum required lot areas,
setbacks, yards and dimensions.
6.
All design information submissions required by the provisions of
the improvements and design standards portions of this Ordinance shall
accompany the final plat.
7.
A grading plan showing existing and proposed grading contours at
one foot intervals throughout the tract, except if slopes exceed 5%,
a two-foot interval may be used, and if they exceed 10%, a five-foot
interval is permissible. Datum shall be United States Coast and Geodetic
Survey datum (MSL=0) and source of datum shall be noted. In addition
to proposed grading contours, sufficient additional spot elevations
shall be shown to clearly delineate proposed grading, including corner
elevations of buildings and first floor and basement elevations.
8.
The limits of all areas of proposed cuts and fills (exclusive of
excavations for basements) shall be clearly designated.
9.
On-site Drainage Plan:
(a)
The drainage plan shall be presented in graphic form which shall
clearly show the street and lot layout and those items which are pertinent
to drainage including existing and proposed contours as previously
required.
(b)
The plan shall outline each area contributing to each inlet.
(c)
All proposed drainage shall be shown with pipe type and sizes,
invert and grate or rim elevations, grades and direction of flow.
The direction of flow of all surface waters and of all streams shall
be shown.
(d)
The drainage plan shall be accompanied by complete drainage
calculations made in accordance with standards set forth herein.
10.
Off-site Drainage Plan: The final plat shall also be accompanied
by an off-site drainage plan prepared in accordance with the following
standards:
(a)
The plan shall consist of an outline of the entire drainage
basin in which the property to be subdivided is located. The terminus
of the basin and existing ground contours or other basis for determining
basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall be shown with
elevations of inverts and grade to the nearest one-tenth of a foot.
(c)
To the extent that information is available and may be obtained
from the county municipal engineer, any existing plans for drainage
improvements shall be shown.
(d)
In the event a temporary drainage system is proposed, full plans
of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied by profiles
of all proposed drainage, showing existing and proposed finished grades,
channel section details, pipe sizes, type, inverts, crowns and slopes;
all proposed structures and connections and design hydraulic grade
lines for all conduits designed to carry 40 or more cubic feet per
second. Cross-sections at intervals not exceeding 100 feet shall be
shown for all open channels.
12.
Where required by the borough engineer, cross-sections of proposed
streets to at least 10 feet outside of any grading limit at intervals
of at least every 100 feet, of all proposed streets.
13.
Where required by the planning board or board of adjustment, the
location, caliper and type of all:
(a)
Living deciduous trees having a trunk of six inches diameter
at breast height or more.
(b)
All living coniferous trees having a trunk of six inches or
more diameter at breast height.
(c)
All living dogwood (Cornus florida) or American holly (Ilex
opaca) trees having a trunk of one inch or greater diameter at breast
height.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown
of three inches or greater measured at the soil or surface level.
14.
The number, locating and species of all proposed shade trees or other
plantings.
15.
Utility layouts, specifications and cross-sections (sewers, water,
gas, electric, telephone, etc.), showing feasible connections to any
existing or proposed utility systems; provided, however, that detailed
layouts of gas, electric and telephone lines are not required. An
indication of these on a typical road cross-section shall be sufficient.
Layouts shall include proposed locations of street lights and fire
hydrants. If private utilities are proposed, they shall comply with
all local, county and state regulations.
16.
The tops of the banks and boundaries of the floodways and flood hazard
areas of all existing watercourses, where such have been delineated
or the limits of alluvial soils where boundaries of floodways and
flood hazard areas have not been determined, and/or such other information
as may assist the board in the determination of floodway and flood
hazard area limits.
17.
Tract boundary lines, right-of-way lines of streets, easements and
other rights-of-way; land to be reserved or dedicated to public use,
all lot lines and site easement lines, with accurate dimensions and
bearings and radii, tangents, chords, arcs and central angles of all
curves and all front, rear and side (or yard) setback lines.
18.
All monuments in accordance with Chapter 141 of the Laws of 1960
of the State of New Jersey, including all monuments found, monuments
set, and monuments to be set, and an indication of monumentation found
and reset.
19.
Certificate of engineer or land surveyor as to accuracy of the details
of the plat.
20.
Lot and block numbers shown on the final plat shall conform to the
borough tax map (or proposed revisions thereof) and shall be obtained
by the applicant's engineer from the borough engineer. Proposed house
numbers shall also be obtained from the borough engineer and shall
be shown encircled on the final plat, or on one of the attachments
thereto. The borough engineer shall not affix his signature to the
final plat unless the applicant has fully complied in this regard.
21.
Subdivision names and street names shown on the final plat shall
not be the same or similar to any name of any existing subdivision
or street in the borough, and shall be approved by the borough engineer.
22.
The location of areas dedicated for park and recreation facilities
or common open space as approved by the board.
23.
Unless waived by the board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the borough engineer be likely to be approved by the New Jersey Department of Transportation. This plan shall be prepared in consultation with the borough engineer and the borough police department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in subsection 13-6.8a.
24.
Such other information as the board and/or borough engineer may request
during review.
25.
Sectionalization of final plats shall be in conformance with the
sectionalization and staging plan, if any, approved with the preliminary
plat.
c.
Conditions of Approval. Any approval of an application for development
of a final plat of a major subdivision shall be subject to the following
conditions being satisfied within a period of time specified by the
planning board or board of adjustment, prior to the signing of the
plat or issuance of a development permit.
1.
Payment of any outstanding real estate taxes.
2.
Submission of additional prints of the plat map and attachments for
distribution, if required.
3.
Publication of a notice of the decision of the board by the applicant.
4.
Final Monmouth County Planning Board approval (if not previously
obtained).
5.
Final Bayshore Regional Sewerage Authority approval (if not previously
obtained).
6.
Payment of required reproduction fees.
7.
Issuance of a Freehold Soil Conservation District Permit.
8.
Granting of state of municipal wetlands permit (if required).
9.
Certification of approval of plans for drainage or watercourse diversions
by the State of New Jersey, Department of Environmental Protection,
where required.
10.
Granting of a Coastal Area Facilities Review Act (CAFRA) Permit (where
required).
11.
Approval of any required riparian grants or licenses.
12.
Granting of any required construction permits.
13.
Posting of required performance guarantees.
14.
Payment of required inspection fees.
15.
Evidence of a comprehensive general liability insurance policy in
an amount not less than $300,000 per occurrence identifying and saving
harmless the borough and its agencies, employees and agents from any
liability for any acts of the subdivider or his agents, contractors
or employees in the implementing of the approved subdivision. The
insurance policy shall provide for 10 days' notice to the borough
prior to cancellation. It shall be a violation of this chapter for
any property owner, subdivider or building to carry on the construction
of a subdivision without having current valid evidence of insurance
on file.
16.
Any other conditions which may be imposed by the board or may be
required by federal, state or local law.
d.
Certification. In the event that the application for development
for a final plat of a major subdivision is approved, a certification
to that effect in this form:
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Approved as a final plat of a major subdivision by the Borough
of Union Beach Planning Board (Board of Adjustment) on ________________________.
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Attest:
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Chairman
|
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Secretary
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Date
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This plat must be filed in the office of the Clerk of Monmouth
County on or before ________________________, which date is 95 days
after the date upon which this plat was signed.
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Secretary
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shall be endorsed on the plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board and the borough engineer (as to the map filing law certification) after they receive a certification from the administrative officer that all conditions of approval have been satisfied. After signature, plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the signed original shall be returned to the applicant for filing.
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e.
Filing of Approved Plat. If the applicant desires to proceed with
a subdivision for which final approval has been granted, he shall
file with the county recording officer a plat map drawn in compliance
with Chapter 141 of the Laws of 1960, as amended and supplemented,
within 95 days from the date upon which the plat was signed by the
planning board chairman and secretary. The applicant shall, within
one week after filing the subdivision with the county recording officer,
notify, in writing, the borough engineer and borough tax assessor
of the date of filing of the subdivision with the county recording
officer and the case and sheet or page number for the filed map. A
duplicate tracing of the filed map indicating thereon the filing date
shall be obtained from the county recording officer by the borough
who shall distribute copies of the filed map to appropriate municipal
officials. In the event the subdivider fails to so file within the
period allowed, the approval of the plat shall expire unless, prior
to expiration, such time is extended by the board for a period not
to exceed 95 days for good cause shown.
f.
Applicant's Rights Upon Approval. Approval of final plat shall confer
upon the applicant all the rights set forth in N.J.S.A. 40:55D-52
and subsection 13-3.1j.7 of this chapter.
g.
Display of Final Plat. The subdivider or his agent shall keep a clear
and legible copy of the approved final plat in plain view in a prominent
location in his offices and/or sales-rooms from which sales in the
approved subdivision are made so that prospective purchases may have
the opportunity to learn the special conditions, if any, under which
approval was given.
a.
Required Documents. Prior to issuance of a certificate of completeness
or scheduling of a final plat of a site plan for public hearing, the
board secretary shall determine that the following has been submitted
in proper form:
1.
Borough engineer's report.
2.
Application for a Freehold Soil Conservation District Permit.
3.
Application for municipal and/or state wetlands approval, where required.
4.
Application for a Stream Encroachment Permit, where required.
5.
Where applicable, a copy of the permit issued, or if the permit has
not been issued, the application filed with the New Jersey Department
of Environmental Protection, under the Coastal Area Facility Review
Act, and copies of the environmental impact statement and any attachments
thereto filed in accordance with the provisions of the Act, or, in
the alternate, a statement issued by the Department of Environmental
Protection that the proposed development is exempt from the Act.
6.
Other submittals that may be required by the borough engineer, planning
board, board of adjustment or federal, state or local law.
7.
Required application fees.
8.
Seven copies of a plat and attachments meeting the requirements set
forth below.
b.
Plat Requirements. The final plat shall include all data required
for the preliminary plat of the site plan, and shall be drawn to incorporate
all changes required as a condition of preliminary approval and shall
be drawn by persons and to specifications as required for a preliminary
plat and shall be titled "Final Plat - Site Plan."
c.
Conditions of Approval. Any approval of an application for development
of a final plat of a major site plan shall be subject to the following
conditions being satisfied, within a period of time specified by the
planning board or board of adjustment, prior to signing of the plat
or issuance of a development permit:
1.
Payment of any outstanding real estate taxes.
2.
Submission of additional permits of the plat map and attachments
for distribution, if required.
3.
Publication of a notice of the decision of the board by the applicant.
4.
Final Monmouth County Planning Board approval (if not previously
obtained).
5.
Final Bayshore Regional Sewerage Authority approval (if not previously
obtained).
6.
Payment of required reproduction fees.
7.
Issuance of Freehold Soil Conservation District Permit (if not previously
obtained.)
8.
Granting of state wetlands permit (if required).
9.
Certification of approval of plans for drainage or watercourse diversions
by the State of New Jersey, Department of Environmental Protection,
where required.
10.
Granting of a Coastal Area Facilities Review Act (CAFRA) Permit,
where required.
11.
Approval of any required riparian grants or licenses.
12.
Granting of any required construction permits.
13.
Posting of required performance guarantees.
14.
Payment of required inspection fees.
15.
Evidence of a comprehensive general liability insurance policy in
an amount not less than $300,000 per occurrence identifying and saving
harmless the borough and its agencies, employees and agents from any
liability for any acts of the developer or his agents, contractors
or employees in the implementing of the approved site plan. The insurance
policy shall provide for 10 days notice to the borough prior to cancellation.
It shall be a violation of this chapter for any property owner,
developer or builder to carry on the construction of the site without
having a current valid evidence of insurance on file.
16.
Any other conditions which may be imposed by the board or may be
required by federal, state or local law.
d.
Certification. In the event that the application for development
for a final plat of a major site plan is approved, a certification
to that effect in this form:
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Approved as a final plat of a major site plan by the Borough
of Union Beach Planning Board (Board of Adjustment) on _______________________.
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|
Attest:
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Chairman
|
|
Secretary
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Date
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shall be endorsed on the plat and the original reproducible thereof shall be provided to the board by the applicant. Said original shall be signed by the chairman and secretary of the board after they receive a certification from the administrative officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in subsection 13-6.4 of this chapter and the original shall be returned to the applicant.
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a.
Required Documents. In cases where a proposed exempt development
requires board of adjustment action on an application for development
for either (1) the granting of a variance pursuant to N.J.S.A. 40:55D-70
or (2) direction for issuance of a building permit pursuant to N.J.S.A.
40:55D-34 or N.J.S.A. 40:55D-36, prior to issuance of a certificate
of completeness or scheduling of the application for development for
public hearing before the board of adjustment, the board secretary
shall determine that the following has been submitted in proper form:
1.
Required application fees.
2.
Seven copies of a plat plan and/or other documents which clearly
describe the basis for the variance being requested or the basis for
direction for issuance of a building permit being requested. If this
plot plan is prepared by other than a licensed surveyor or architect,
the applicant must furnish the board with an affidavit stating that
all the information shown thereon is correct. The plat plan shall
show:
3.
Seven copies of an area map showing the tax lot and block numbers
of all properties located within 200 feet of the property for which
the application is being made.
4.
Any other documents which the board of adjustment may request.
b.
Conditions of Approval. Any approval of an application for development
by the board of adjustment or issuance of a development permit under
this section shall be subject to the following:
1.
The applicant obtaining a building permit, or certificate of occupancy
where a building permit is not required, within a period of time specified
by the board of adjustment. The approval shall expire and the development
permit shall become invalid if the required permit is not obtained
within the specified period.
2.
Any other conditions which the board of adjustment may impose.
All references to the board of adjustment in the Land Use and
Development Regulations of the Borough of Union Beach shall be deemed
to be references to the planning board.
[Ord. #324; Ord. #493; Ord. #658]
a.
Prior to the signing of a final plat, issuance of a development permit,
and/or the commencing of any clearing, grading or installation of
improvements, the developer shall have filed with the borough a performance
guarantee sufficient in amount to equal the total cost of the borough,
as estimated by the borough engineer, of constructing those on-site,
off-site and off-tract improvements necessary to protect adjacent
property and the public interest in the event development of the subdivision
or site were not completed. Such improvements shall include, but are
not limited to, drainage facilities necessary to protect off-tract
areas from flooding, erosion control facilities, required screening
and fencing, all improvements within public rights-of-way and easements
and the cost of seeding or otherwise stabilizing the site or subdivision.
Such guarantee shall assure the installation of such improvements
on or before an agreed date, guarantee the completion of all improvements
without damage to or interference with adjacent properties or public
facilities, and hold the borough council and the planning board and
their employees and agents harmless with respect to any acts of the
developer, its agents, successors or assigns. The total estimated
cost to the borough of constructing all improvements shall be based
upon the estimated contract construction costs which would prevail
upon expiration of the guarantee period, and shall also include appropriate
allowances for contract related costs such as engineering, legal,
financial and other usual costs, which shall be estimated to be 20%
of the estimated contract construction costs. Such performance guarantee
may be in the form of cash, certified check, negotiable securities,
a performance bond issued by a bonding company or surety company approved
by the borough council, or any other type of surety acceptable to
and approved by the borough attorney and borough council, provided
that at least 10% of the performance guarantee shall be in the form
of cash, certified check, or savings passbook or certificate of deposit
drawn on an insured banking institution in the State of New Jersey;
provided, however, that all rights, including the right to interest
with dividends, be assigned to the borough in a form of assignment
acceptable to the borough attorney for the period of the bond and
that the principal amount of the passbook or certificate of deposit,
together with interest, be returned to the developer upon completion
of the bonded improvements, or in the event of default, both interest
and principal shall be used by and for the benefit of the borough
in the completion of said improvements.
b.
If at the time the performance guarantee is filed with the borough,
the developer has not also filed with the borough proof that any other
necessary performance guarantees have been filed and accepted by governmental
bodies, authorities, public utility companies, and private utility
companies other than the borough, which have jurisdiction over improvements
in the site or subdivision, the amount of the performance guarantee
shall be increased to reflect the cost of such improvements.
c.
All performance guarantees shall run to and be in favor of the Borough
of Union Beach.
d.
The performance guarantee shall be approved by the borough attorney
as to form, sufficiency and execution. Such performance guarantee
shall run for a period to be fixed by the borough council, but in
no case for a term of more than two years. However, with the consent
of the owner and the surety, if there be one, the borough council
may, by resolution, extend the term of such performance guarantee
for an additional period not to exceed one year. The amount of the
performance guarantee may be revised by the borough council from time
to time to reflect work progress, increasing costs and changing conditions
in regard to the uncompleted or unacceptable portions of the required
improvements, if the required improvements have not been installed
in accordance with the performance guarantee, the obligor and surety
shall be liable thereon, at the option of the municipality for:
e.
If during the period of the performance guarantee the developer fails
to prosecute the work of completing the improvements so as not to
create hazards to life, health, property or public safety, the borough
may, after five days' notice perform, or cause to be performed, any
necessary corrective work and deduct the cost thereof from the 10%
cash or certified check portion of the guarantee. Upon notice of any
such deduction, the developer shall, within 10 days, restore the full
10% cash balance or his performance guarantee will be held to be void
and the borough may take action as if final plat approval had not
been obtained.
f.
When all of the required improvements have been completed, the obligor shall notify the borough council in writing, by certified mail addressed in care of the borough clerk of the completion of said improvements and shall send a copy thereof to the borough engineer, which shall be accompanied by supporting documentation set forth in subsection 13-7.6g of this chapter. Thereupon the borough engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the borough council, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
g.
The borough council shall either approve, partially approve or reject
the improvements, on the basis of the report of the borough engineer
and shall notify the obligor in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto, not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guarantee, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved; provided that 30% of the amount of the performance guarantee
may be retained to ensure completion of all improvements. Failure
of the borough council to send or provide such notification to the
obligor within 65 days shall be deemed to constitute approval of the
improvements and the obligor and surety, if and, shall be released
from all liability, pursuant to such performance guarantee.
h.
If any portion of the required improvements are rejected, the borough
council may require the obligor to complete such improvements and,
upon completion, the same procedure of notification, as set forth
in this section shall be followed.
i.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
borough council or the borough engineer.
j.
The obligor shall reimburse the borough for all reasonable inspection
fees paid to the borough engineer for the foregoing inspection of
improvements; provided that borough may require of the developer a
deposit for all or a portion of the reasonably anticipated fees to
be paid to the borough engineer for such inspection.
a.
Duties of Borough Engineer, Borough Attorney and Borough Clerk. No
performance guarantees shall be presented for approval of the borough
council until the municipal officials listed below have performed
the following and make certification of their performance, in writing
to the borough council.
1.
Borough Engineer: The borough engineer shall:
(a)
Where applicable, examine the plat map of a subdivision to make
certain that it complies with all state laws and this chapter relative
to the preparation and filing of maps or plans for the subdivision
of land.
(b)
Ascertain that the plat of a site plan or subdivision has been
approved by the Monmouth County and Union Beach Planning Boards.
(c)
Determine those acts or things the applicant is to do to protect
the borough, such as to provide proper drainage, streets, curbs, signs,
monuments or any other item or thing and the cost of each, as well
as the maximum time he recommends granting the applicant to provide
each item or all items.
(d)
Determine if the landowner is an individual, corporation or
partnership; if an individual, his full name and address; if a corporation,
its correct name, date and state of incorporation, the name of its
president and secretary and location of its principal office in this
state; if a partnership, the names and addresses of all partners.
(e)
Give the applicant a form of the surety company bond required
by the borough, and all figures, dates and details required by subsection
13-7.2a.1(c) above so that same may be included in the bond to be
furnished to the borough; also, advise the applicant of the amount
required to pay the borough as a proper inspection, testing and administration
fee.
(f)
Deliver to the borough attorney:
(1)
A copy of the letter advising the applicant of amount required
to pay the borough as proper inspection, testing, and administration
fee so that a developer's agreement can be prepared; and
(2)
The original copy of the surety company bond of the applicant;
and
(3)
The borough engineer's written certificate addressed to the
borough council which certificate and bond shall be delivered at one
and the same time.
(g)
The borough engineer's certificate shall also state and give
the nature of cash, or its equivalent, deposited as a portion or all
of the performance guarantee (i.e., cash, certified check, cash escrow
deposit, or other security).
(h)
If there is nothing the applicant needs to do under subsection
13-7.2a.1(c) above the certificate shall so state and give the reason
therefor.
2.
Borough Attorney: The borough attorney shall:
(a)
Upon receipt from the borough engineer of the surety bond, engineer's
certificate, and the copy of the engineer's letter advising the applicant
of the amount required to pay the borough as a proper inspection,
testing and administration fee, the borough attorney shall promptly
examine said bond and determine whether or not it is in correct form,
content and execution.
(b)
If the bond is not correct, the borough attorney shall notify
the applicant of its shortcomings. When the bond is or has been made
correct, the borough attorney shall make a written certificate to
that effect to the borough council. Thereupon the attorney shall deliver
the bond and engineer's and attorney's certificates to the borough
clerk.
(c)
Prepare a developer's agreement and forward same to developer
for execution and thereafter upon receipt of executed agreement cause
same to be executed by the mayor and witnessed by the clerk. Applicant
shall post an initial escrow fee as set forth in said developer's
agreement to reimburse the borough for legal fees incurred in the
review and preparation of the documents and the administration and
enforcement of the terms set forth in said developer's agreement as
well as inspection, testing and administration fees provided in the
engineer's estimate.
3.
Borough Clerk: Upon the receipt from the borough attorney of the
bond and certificates of the engineer and attorney, and the developer's
agreement, the borough clerk shall:
(a)
Cause the developer's agreement to be executed by the mayor
and witnessed by the clerk; and thereafter.
(b)
Collect from the applicant the proper fee or fees, if any, payable
to the borough in accordance with the engineer's certificate and the
developer's agreement.
(c)
Place the matter of approval of bonds on the agenda of the next
regular meeting of the borough council for its consideration;
(d)
Submit the bond, certificate and fees to the borough council
at the next regular meeting of the council.
b.
Certificates - Form, Dating. Each of the certificates shall be dated
and written in letter form upon the stationery of the maker or of
the borough, and signed by him or his authorized agent or representative.
c.
Bond Requirements. There must be attached to the bond an authority
of the surety company empowering the person or persons who executed
the bond for the surety company to do so. If the bonding company is
not a New Jersey corporation, there should also be attached to the
bond proof of its authority to do business in New Jersey and a copy
of its last financial statement, made not more than one year before,
showing its financial conditions. If the principal on the bond is
a corporation, there must be attached to the bond a certified copy
of a resolution adopted by its board of directors authorizing the
execution and delivery of the bond. The bond must also bear the corporate
seal of the surety company and the seal, corporate or otherwise, of
the principal.
d.
Copies. The borough clerk shall keep a supply of copies of these
bond requirements in his office for the use of applicants and the
general public.
a.
General Requirements. Where the planning board determines that off-tract
improvements are necessary for the proper development and utilization
of the proposed site or subdivision and the surrounding area, it may
require either (1) that such off-tract improvements be installed or
(2) that the developer contribute to the installation of such off-tract
improvements. Where the planning board has determined that off-tract
improvements are required, it shall be a condition of the granting
of final approval that such improvements be constructed or that the
developer shall make payments toward the ultimate installation of
off-tract improvements such as, but not limited to, streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culverts, monuments and street lights, all in accordance with
the specifications governing on-tract improvements.
b.
Cost Allocation. If the planning board determines that the developer
may contribute toward required off-tract improvements in lieu of such
improvements being installed, the planning board shall allocate the
cost of the off-tract improvements in accordance with the standards
set forth. The improvement of a stream and/or widening of, or the
construction of drainage or other improvements in, a street or road
fronting on the tract to be subdivided and/or developed shall not
constitute an off-tract improvement and the cost of the improvement
shall not be allocated.
1.
The allocation of the cost of off-tract improvements shall be determined
in accordance with the following:
(a)
The planning board may consider the total cost of the off-tract
improvements, the benefits conferred upon the site or subdivision,
the needs created by the site or subdivision, population and land
use projects for the general areas of the site or subdivision and
other areas to be served by the off-tract improvements, the estimated
times of construction of off-tract improvements and the condition
and periods of usefulness, which periods may be based upon the criteria
of N.J.S.A. 40A:2-22. The planning board may further consider the
criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements may be based upon
the anticipated increase of traffic generated by the site or subdivision.
In determining such traffic increase, the planning board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area, and the other factors related to
the need created by the site or subdivison and anticipated thereto.
(c)
Drainage facilities may be based upon the percentage relationship
between the site or subdivision acreage and the acreage of the total
drainage basins involved or upon calculations developing the percentage
contribution that the storm runoff from a particular site or subdivision
bears to the total design capacity of any improvement; the particular
methods to be selected in each instance by the borough engineer.
(d)
Sewage facilities shall be based upon a proportion as determined
by the current rules and regulations of the Northeast Monmouth Regional
Sewerage Authority.
(e)
Water supply and distribution facilities may be based upon the
current rules and regulations governing the particular utility supplying
water service.
2.
All monies received by the municipality in accordance with the provisions
of this section shall be paid to the municipal treasurer who shall
provide for a suitable depository therefor. Such funds shall be used
only for the improvements for which they are deposited or improvements
serving the same purposes unless such improvements are not initiated
for a period of five years from the date of payment, after which time
the funds shall be transferred to the capital improvement fund of
the municipality.
3.
The apportionment of costs shall be determined by the planning board.
The developer shall be afforded an opportunity before the board to
present evidence relative thereto.
c.
Assessment Not Precluded. Nothing in this section shall preclude
the municipality from assessing any property benefiting from installation
of any off-tract improvements as provided in this section pursuant
to the provisions of the Revised Statutes of New Jersey, an allowance
being made to the respective parcels of realty for payments herein.
Before any developer effectively assigns any of his interest
in any preliminary or final approval he must notify the administrative
officer and supply detailed information with regard to the name, address,
principals, type of organization, competency, experience and past
performance of the assignee, transferee or agent. Notice of such assignment
or transfer shall be given no later than 10 days after its effective
date. The assignee must be made acquainted with all the conditions
of approval and the developer shall so certify.
a.
No contractor, builder, developer or subcontractor shall engage any
personnel in any of the work on constructing any improvements unless
they are continually supervised by a competent, English-speaking supervisor
acceptable to the borough engineer.
b.
No less than five days prior to commencing construction of any improvements
on the site, the developer or his agent shall provide the borough
engineer with the names, addresses, phone numbers and emergency phone
numbers of the subdivider and/or a representative empowered to act
for the developer and/or each contractor and their supervisor in charge
of the construction, setting forth the aspect of construction for
which each is responsible.
c.
The developer may retain throughout the course of construction a
registered New Jersey Professional Engineer to supervise the implementation
of the approved subdivision or site design and to make periodic reports
to the borough as well as to the developer regarding conformance of
the construction with the requirements of final approval.
d.
If the developer proposes to retain someone other than the engineer
who prepared the final plat to supervise construction, he shall notify
the borough engineer and the planning board of the name, address and
license number of the engineer retained. If at any time during the
course of construction the developer elects or is required to replace
the responsible engineer and/or employ additional engineers, he shall
likewise notify the borough engineer and the planning board.
e.
The supervising engineer shall immediately notify the borough engineer
of any deviation (observed or proposed) from the requirements of final
approval and/or this chapter.
f.
At regular intervals during the course of construction, but not less
often than at monthly intervals, the supervising engineer shall submit
to the borough engineer a report listing his observations of the work
undertaken during the reporting period, specifically noting any deviation
from the requirements of final approval and/or this chapter and listing
those improvements expected to be undertaken during the next reporting
period. The developer shall accompany any request for acceptance of
public improvements and/or release of performance guarantees with
a certification by the responsible supervising engineer attesting
to the completion of the improvements in full conformance with the
requirements of final approval and this chapter and/or specifically
noting any deviation therefrom.
a.
Inspection, Testing and Engineering Administration Fees. Prior to
signing of any final plat, issuance of a development permit or the
start of construction of any improvements required by the provision
of this chapter the developer shall deposit by cash or certified check
with the borough clerk an amount determined from the schedule under
subsection 13-3.4m or n of this chapter. The amount shall be used
to defray the cost of inspection, testing, engineering, administration,
and other costs, and fees paid by the borough in connection with the
inspection and acceptance of the installation of the required improvements.
All monies received on account of engineering and inspection fees
shall be deposited by the borough treasurer as general revenue as
provided by law. The borough shall provide appropriate budget items
to cover the cost of all necessary administrative and engineering
services.
b.
Inspection Notice. All required improvements except those utility
improvements which are not the responsibility of the borough shall
be subject to inspection and approval by the borough engineer, who
shall be notified by the developer at least five days prior to the
initial start of construction and again 24 hours prior to the resumption
of work after any idle period exceeding one working day. All of the
utility improvements shall be subject to inspection and approval by
the owner of or agency controlling the utility who shall be notified
by the developer in accordance with the utilities requirements. No
underground installation shall be covered until it is inspected and
approved by the owner of or agency controlling the utility or by the
borough engineer in all other cases.
c.
Modification of Improvements. At any time, whether as a result of
his inspection of work underway or otherwise the borough engineer
may recommend that the developer be required to modify the design
and extent of the improvements required, notifying the planning board
of his recommendations. The planning board shall, if it considers
such modifications to be major, or if requested by the developer or
borough engineer, take formal action to approve or disapprove such
recommendations; provided, however, that it must first afford the
developer an opportunity to be heard. If the board takes no formal
action within 30 days of such recommendations, or where the developer
has not requested formal planning board action, its approval will
be assumed. Similarly, the planning board may grant or deny the developer
permission to effect such modification upon his application and the
borough engineer's approval. In either event, where such modification
is to be effected, the appropriate plat must be revised by the developer
or his engineer to reflect such modification and sufficient copies
thereof submitted to the administrative officer for distribution.
d.
General Inspection Requirements. All improvements, except as otherwise
provided, shall be subject to inspection and approval by the borough
engineer. No underground installation shall be covered until inspected
and approved by the borough engineer or those agencies having jurisdiction
over the particular installation. If such installation is covered
prior to inspection, it shall be uncovered or other inspection means
used, such as a television or other pipeline camera as may be deemed
necessary by the borough engineer, and charges for such work will
be paid for by the developer.
e.
Inspection not Acceptance. Inspection of any work by the borough
engineer, or his authorized representative, shall not be considered
to be final approval or rejection of the work, but shall only be considered
to be a determination of whether or not the specific work involved
was being done to borough specifications or other required standards
at the time of inspection. Any damage to such work or other unforeseen
circumstances such as the effect of the weather, other construction,
changing conditions, settlement, etc., between the time of installation
and the time that the developer wishes to be released from his performance
guaranty, shall be the full responsibility of the developer, and no
work shall be considered accepted until release of the performance
guaranty.
f.
Payment to Contractors. No developer shall enter into any contract
requiring the borough council, the borough engineer, or any of their
agents, employees or other representatives to make any declarations,
written or otherwise, as a condition of payment of said developer
to a contractor as to the acceptance or rejection of the work. Neither
the borough council, the borough engineer nor any of their agents,
employees or representatives shall make any such declaration.
g.
Procedure on Acceptance of Public Improvements. When the developer
has constructed and installed the streets, drainage facilities, curbs,
sidewalks, street signs, monuments and other improvements in accordance
with borough regulations, standards and specifications, and desires
the borough to accept the improvements, he shall, in writing, addressed
to and in a form approved by the borough council, with copies thereof
to the borough engineer, request the borough engineer to make a semi-final
inspection of the improvements. If the improvements have been constructed
under a performance guaranty after approval of a final plat, the developer
shall submit an as-built plan showing as-built grades, profiles and
sections and locations of all subsurface utilities such as french
drains, combination drains, sanitary sewage disposal systems, both
public and individual water lines and control valves, gas lines, telephone
conduits, monuments, iron property markers, and any other utilities
or improvements installed other than as shown on the approved final
plat. The as-built plan shall be certified to by a licensed New Jersey
professional engineer. If any improvements are constructed prior to
final plat approval, the final plat shall reflect all changes and
as-built conditions and be so certified. The as-built plans shall
be submitted on reproducible media.
a.
It shall be the responsibility of the developer to maintain the entire
site or subdivision in a safe and orderly condition during construction.
Necessary steps shall be taken by the developer to protect occupants
of the site or subdivision and the general public from hazardous and
unsightly conditions during the entire construction period. These
steps shall include but are not limited to the following:
1.
Open excavations shall be enclosed by fencing or barricades during
nonconstruction hours. Moveable barricades shall be equipped with
yellow flashing hazard markers or other lighting during the hours
of darkness.
2.
The excavation of previously installed sidewalk and pavement areas
which provide access to occupied buildings in the site or subdivision
shall be clearly marked with signs and barricades. Alternate safe
access shall be provided for pedestrians and vehicles to the occupied
buildings.
3.
Materials stored on the site shall be screened from the view of occupants
of the subdivision or site and adjoining streets and properties.
4.
Construction equipment, materials and trucks shall not be stored
within 150 feet of occupied buildings in the site or subdivision and
adjoining streets and properties during nonconstruction hours.
5.
Safe vehicular and pedestrian access to occupied buildings in the
site or subdivision shall be provided at all times.
6.
Construction activities which create obnoxious and unnecessary dust,
fumes, odors, smoke, vibrations or glare noticeable in occupied buildings
in the subdivision or site and adjoining properties and streets shall
not be permitted.
7.
Construction activities which will result in damage to trees and
landscaping in occupied buildings in the site or subdivision or adjoining
properties shall not be permitted.
8.
All locations and activities in the site or subdivision which present
potential hazards shall be marked with signs indicating the potential
hazard.
9.
Unsightly construction debris, including scrap materials, cartons,
boxes and wrappings must be removed daily at the end of each working
day.
10.
Whenever construction activities take place within or adjacent to
any traveled way, or, interfere with existing traffic patterns in
any manner, suitable warning signs, conforming to the requirements
of the Uniform Manual on Traffic Control Devices, will be erected
and maintained by the developer.
b.
Should the developer fail in his obligation to maintain the site
or subdivision in a safe and orderly condition, the borough may, on
five days' written notice or immediately in the case of hazard to
life, health or property, undertake whatever work may be necessary
to return the site or subdivision to a safe and orderly condition
and deduct the cost thereof from the 10% cash or certified check portion
of the performance guaranty. Upon notice of such deduction, the developer
shall, within 10 days, restore the full 10% cash balance or his performance
guaranty will be held to be void and the borough may take action as
if final plat approval had not been obtained.
c.
The construction official shall, upon receiving notice from the borough
engineer that a developer is in violation of this section, suspend
further issuance of certificates of occupancy and building permits
and may order cessation of work on any outstanding permits.
a.
No permanent certificate of occupancy shall be issued for any use
or building until all required improvements are installed and approved
by the borough engineer or other appropriate authority.
b.
No temporary certificate of occupancy shall be issued for any use
or building involving the installation of utilities or street improvements,
parking areas, buffer areas, storm drainage facilities, other site
improvements, the alteration of the existing grade on a lot or the
utilization of a new on-site well or sanitary disposal system unless
the borough engineer or other appropriate authority shall have, where
applicable, certified to the following:
1.
Utilities and Drainage: All utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines shall have been properly installed and service to
the lot, building or use from such utilities shall be available.
2.
Street Rights-of-Way: All street rights-of-way necessary to provide
access to the lot, building or use in question shall have been completely
graded and all slope retaining devices or slope planting shall have
been installed.
3.
Sidewalks: All sidewalks necessary to provide access to the lot,
building or use in question shall have been properly installed.
4.
Streets: Curbing, and the bituminous base course of bituminous concrete
streets or the curbing and pavement course for portland cement concrete
streets necessary to provide access to the proposed lot, building
or use shall have been properly installed.
5.
Curbing and Parking Areas: Curbing and the bituminous base course
of parking areas necessary to provide access to the required number
of parking spaces for the building or use in question shall have been
properly installed.
6.
Obstructions: All exposed obstructions in parking areas, access drives
or streets such as manhole frames, water boxes, gas boxes and the
like shall be protected by building to the top of such exposures with
bituminous concrete as directed by the borough engineer.
7.
Screening, Fences and Landscaping: All required screening, fencing
and/or landscaping related to the lot, building or use in question
shall have been properly installed unless the borough engineer shall
direct the developer to delay the planting of screening and landscaping
until the next planting season in order to improve the chances of
survival of such plantings.
8.
Site Grading: All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
9.
On-site Wells: All on-site wells have been installed, tested and
approved by the board of health.
10.
On-site Sanitary Disposal Systems: All on-site sanitary disposal
systems shall have been installed and approved by the board of health
and the Bayshore Regional Sewerage Authority.
11.
Public Water Supply: Where the proposed lot, building or use is served
by a public water supply, said supply shall have been installed and
tested and all required fire hydrants or fire connections shall have
been installed and tested and approved.
12.
Lighting: All outdoor lighting shall have been installed and shall
be operational.
13.
Street Signs and Traffic Control Devices: All street signs, paint
lining and/or traffic control devices affecting the proposed lot,
building or use, and required under the terms of approval of a subdivision
or site plan or by federal, state, county or municipal rules, regulations
or laws, shall have been installed.
14.
Other: Any other conditions established for issuance of a certificate
of occupancy by the planning board as a condition of final site plan
approval shall be complied with.
c.
Temporary certificates of occupancy shall be issued for a specified
period of time, not to exceed one year, and the applicant shall post
a cash guarantee with the borough in an amount equal to the cost,
to the borough, of constructing all uncompleted improvements, prior
to the issuance of any such temporary certificate of occupancy.
A maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the borough council and/or approval of site improvements by the borough engineer. The developer may elect to furnish such maintenance guarantee either by (1) maintaining on deposit with the borough the 10% cash or certified check portion of the performance guarantee provided in accordance with subsection 13-7.1 or (2) by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the borough attorney and borough council in an amount equal to 15% of the total performance guarantee provided in accordance with subsection 13-7.1. The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two years. The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guarantee. Should he fail in his obligation to properly maintain all improvements, the borough may, on 10 days' written notice or immediately, in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost against the guarantee. At the end of the maintenance guarantee the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the borough, which have been expended to repair or replace any unsatisfactory improvements.
[Ord. #324; Ord. #410; Ord. #662; Ord. #675; ; Ord. #690;
Ord. #2006-81; Ord. #2008-115]
a.
General. All improvements shall be installed in complete accordance
with the standards of this chapter, with other particular specifications
approved by the planning board and borough engineer and with all other
applicable municipal, county, state and federal regulations. Should
improvements be required which are not provided for within the particular
sections of this chapter, they shall be designed and constructed in
accordance with good engineering practice and recognized design standards.
The developer (or his engineer) shall submit detailed design calculations
and construction specifications in each such instance. Prior to the
initiation of such specialized design, the particular standards to
be utilized shall be submitted for review by the planning board and
borough engineer.
b.
Standard Specifications and Construction Details. The Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation
(latest edition), including all addenda, and the Standard Construction
Details of the New Jersey Department of Transportation (latest revision)
as modified, supplemented, amended or superseded by the requirements
of this ordinance, by the approved final plat, by particular agreement
among the planning board, the borough council and subdivider or by
other applicable municipal, county, state or federal regulations,
shall govern the completion of the required improvements. Such Standard
Specifications and Standard Construction Details are made a part of
this chapter by reference and will not be herein repeated. It is the
responsibility of all developers to familiarize themselves with these
standards, copies of which may be examined at the offices of the borough
clerk and borough engineer and may be obtained, upon payment of the
cost, from the New Jersey Department of Transportation. The requirements
of this chapter, of an approved final plat or of particular agreements
and conditions of approval and of applicable municipal, county, state
or federal regulations shall govern and prevail in the case of conflict
between them and the Standard Specifications or Standard Construction
Details. Should the borough adopt, subsequent to the effective date
of this ordinance, particular and specific Standard Construction Details
for the borough, they shall govern and prevail over the Standard Construction
Details of the New Jersey Department of Transportation previously
referred to.
a.
Objectives. All site plan and subdivision plats shall conform to
design standards that will encourage desirable development patterns
within the borough. Where either or both an official map or master
plan have been adopted, the site plan or subdivision shall conform
to the proposals and conditions shown thereon. The streets, drainage
rights-of-way, school sites, public parks and playgrounds and other
municipal facilities shown on an adopted master plan or official map
shall be considered in the review of site plans and subdivision plats.
Where no master plan or official map exists, or makes no provisions
therefor, streets and drainage rights-of-way shall be shown on the
final plat in accordance with N.J.S.A. 40:55D-38, and shall be such
as to lend themselves to the harmonious development of the municipality
and the enhancement of the public welfare.
b.
Responsibility for Design. Within the criteria established by and
subject to the review and approval of the planning board, all design
of a site plan or subdivision is the responsibility of the developer
and he shall be responsible for and bear the entire cost of any and
all investigations, tests, reports, surveys, samples, calculations,
environmental assessments, designs, researches or any other activity
necessary to the completion of the design. The standards set forth
in this chapter shall be taken to be the minimum necessary to meet
its purposes as set forth elsewhere herein. The responsibility of
the planning board shall be to see that these minimum standards are
followed and, in those cases not covered by these standards, sufficient
precautions are taken to assure that the eventual design is conducive
to the implementation of the purposes of this chapter and the borough
master plan. The planning board may employ professionals in various
disciplines to advise and assist it in its determinations. Any decisions
of the planning board regarding the suitability or sufficiency of
any design proposal, taken upon advice of its professionals and subject
to the provisions of this chapter, shall be deemed conclusive.
c.
Design Data. To properly execute the design of a site plan or subdivision,
it is anticipated that the developer will obtain or cause to be obtained
certain design data including, but not limited to, soil tests and
analyses, environmental assessments, traffic studies and traffic projections,
surveys, reports and similar design data. Any and all such data obtained
by the developer, or by others retained by him to complete the design,
shall be made available to the planning board and its employees and
professional consultants, for the purpose of reviewing the proposed
design. Should the planning board determine that the design data submitted
is not sufficient for the purpose of completing a full review of the
proposal, it may request the applicant to provide such additional
information as is deemed necessary. Until the applicant supplies such
information, no submission under the provisions of this chapter shall
be termed complete. Nothing contained herein shall be interpreted
to prevent the planning board from making or causing to be made such
independent studies, calculations or other undertakings as it deems
necessary in the review of any application for development.
d.
Design Standards. When a developer determines that it will be necessary
to utilize design standards in addition to or other than those minimum
requirements established herein, he is advised to consult with the
borough engineer prior to beginning his detailed design, for review
and approval of his proposed design standards. Standards utilized
should generally be nationally recognized and in common use in this
area. Design standards may not be utilized if they do not have the
approval of the borough engineer.
e.
Waiver of Requirements. It is recognized that, in certain instances,
preexisting conditions or the uniqueness of a particular proposal
may require the waiver of some of the standards presented herein.
The planning board may consider and, for cause shown, may waive strict
conformance with such of these detailed design standards as it sees
fit. Any developer desiring such action shall present with his application
for development a listing of all such waivers desired together with
the reasons therefor.
a.
The block length, width, and acreage within bounding roads shall
be such as to accommodate the size and dimensions of lots required
for the zoning district by this chapter and to provide for convenient
access, circulation control, and safety of vehicles and pedestrians.
b.
Block lengths may vary between 500 and 3,000 feet but blocks along
other than local or collector streets shall not be less than 1,200
feet long.
c.
Interior crosswalks with a right-of-way 20 feet wide containing a
sidewalk of four feet or greater in width and fenced on both sides
may be required for blocks longer than 1,200 feet, from the ends of
the cul-de-sacs to adjacent streets and elsewhere as required by the
public convenience, including the provision of walks giving access
to schools, playgrounds and shopping centers without the necessity
of crossing traffic thoroughfares.
a.
Buffer Areas. All uses, other than single family detached and two
family detached dwellings and their accessory uses (except as otherwise
provided in this chapter), shall provide twenty-foot wide buffer areas
along all side and rear property lines which abut areas zoned residentially
(including single family detached and multi-family dwellings) and
along front property lines on local or collector streets which abut
areas zoned for such residential uses.
1.
If a home professional office, home occupation or an accessory use
to a single family detached dwelling requires 10 or more off-street
parking spaces, the planning board shall consider the need for a buffer
area and may require that buffer areas of 20 feet in width be provided
along side and rear property lines adjacent to such accessory use
and/or off-street parking.
2.
If a proposed single family detached subdivision abuts a collector
or arterial highway or an area zoned for or occupied by other uses,
the planning board shall consider the need for buffer areas and may
require:
(a)
That a buffer strip not exceeding 50 feet in width be provided
and maintained in its natural state and/or suitably planted with screening
and landscaping, or
(b)
That the adjacent lots front on an interior street and have
a depth of at least 200 feet with suitable screening and landscaping
planted at the rear, or
(c)
That other suitable means of separation be provided.
3.
Buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
4.
No structure, activity, storage of materials or parking of vehicles
shall be permitted within the buffer area, except that, where permitted
by the planning board, the buffer area may be broken for vehicular
or pedestrian access and appropriate directional and safety signs
provided.
b.
Screening. Within buffer areas required by paragraph a above, there
shall be provided screening in accordance with the following regulations:
1.
Except as otherwise provided herein, the screening, area shall be
a minimum of 20 feet in width and shall be planted with evergreen
trees approved by the planning board. Trees shall be planted in two
staggered rows eight feet apart and shall be between six and eight
feet in height and shall conform to the current American Standard
for Nursery Stock sponsored by the American Association of Nurserymen,
Inc. Within each row, the trees shall be planted on six foot centers
(see Figure 1 below).
|
FIGURE 1
STANDARD SCREENING
 Double staggered rows of approved evergreen trees
|
2.
In cases where it is determined to be desirable by the planning board, evergreen trees planted with a minimum height of four feet may be substituted for the six to eight foot trees required under paragraph a provided that the developer shall install a solid six-foot high stockade fence along the outside of the required screening strips in accordance with subsection 13-8.14 prior to commencing the construction of improvements on the site.
The stockade fence shall be maintained in good condition by
the developer until such time as the evergreen trees have grown to
a minimum height of 10 feet at which time, the developer may remove
the stockade fence.
3.
Where suitable trees exist within a screening area, they should be
retained and supplemented with shade tolerant evergreen trees to provide
the equivalent of the required screening as determined by the planning
board.
4.
Where all proposed buildings, parking areas and other improvements
are located 50 feet or more from a property line abutting a residential
zone, the planning board may permit a screening area 10 feet in width
planted with a single row of evergreen trees in a location approved
by the planning board planted on five foot centers with a minimum
height of six to eight feet of a type and species to be substituted
for the screening area required in Figure 1 (see Figure 2 below).
|
FIGURE 2
MODIFIED SCREENING
 Single row of approved evergreen trees
|
5.
The required height for a screening area shall be measured in relationship
to the elevation of the land at the nearest required rear, side or
front yard setback line of the abutting residentially zoned properties.
Where the average ground elevation of the location at which the screening
strip is to be planted is less than the average ground elevation at
the nearest required rear, side or front setback line on the abutting
residentially zoned property, the planning board may require the height
of trees planted in the required screening strip be increased by an
amount equal to the difference in elevation. Where the average ground
elevation of the location at which the screening strip is to be planted
is greater than the average ground elevation at the nearest required
rear, side or front setback line on the abutting residentially zoned
property, the planning board may permit the height of trees planted
in the required screening strips to be decreased by an amount equal
to one-half the difference in elevation, except that in no case, shall
the required height be reduced to less than four feet.
6.
All trees in a screening area shall be watered weekly through the
first growing season. The developer shall construct a six inch deep
earth saucer around each tree to hold water and fill with woodchips
or other suitable mulch. Trees shall be nursery grown, balled and
bagged, sheared and shaped, of the required height and planted according
to accepted horticultural standards.
7.
At the following locations within required screening areas, evergreen
shrubs with a maximum mature height of 30 inches or less, approved
by the borough planning board as to type, location and spacing, shall
be provided in lieu of the evergreen trees specified above:
8.
Waiver: The planing board, after favorable recommendation by the
borough engineer, and after examination and review, may waive, fully
or partially, provisions of this section in heavily wooded areas,
in areas unsuitable for plantings or because of other exceptional
conditions, and/or may require supplementary plantings.
c.
Landscaping.
1.
Topsoil Preservation: No topsoil shall be removed from the site or
used as spoil, except excess topsoil remaining after all improvements
have been installed in accordance with an approved site plan or subdivision
map after topsoil has been redistributed in accordance with this paragraph.
All topsoil moved during the course of construction shall be redistributed
on all regraded surfaces so as to provide an even cover and shall
be stabilized by seeding or planting. All regraded areas and all lawn
areas shall be covered by a four inch minimum thickness of topsoil.
If sufficient topsoil is not available on the site, topsoil meeting
the requirements of the standard specifications shall be provided
to result in a four inch minimum thickness.
2.
Protection of Trees: No material or temporary soil deposits shall
be placed within six feet of any trees or shrubs designated to be
retained on the preliminary and/or final plat. Where grading may be
required, trees not shown for removal shall be walled in and extension
tiled to the outer crown of the tree.
3.
Removal of Debris: All tree stumps and other tree parts or other
debris shall be removed from the site and disposed of in accordance
with law. No tree stumps, portions of a tree trunk or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips they may, subject to the approval of the borough
engineer, be used as mulch in landscaped areas.
4.
Slope Plantings: Landscaping of the area of all cuts or fills and
terraces shall be sufficient to prevent erosion, shall be approved
by the borough engineer. All roadway slopes steeper than one foot
vertically to three feet horizontally shall be planted with suitable
cover plants combined with grasses and/or sodding. Grasses or sodding
alone shall not be acceptable.
5.
Selective Thinning: Throughout the development except in areas specifically
designated to remain in their natural state, in landscaped or buffer
areas, on building lots and in open space areas for public or quasi-public
use, the developer shall selectively thin to remove all dead or dying
vegetation, either standing or fallen, and shall remove, including
grubbing out stumps, all undesirable trees and other growth. The developer
shall, in accordance with overall site development and his proposed
landscaping scheme, provide cleared, graded and drained pathways approximately
four feet wide through all public or quasi-public open space in heavily
wooded areas. Such pathways should be sited to conform to the existing
natural conditions and should remain unobstructed. They are not intended
to provide improved walkways, but only to provide easy access through
open space areas.
6.
Additional trees in single family subdivisions: Besides the screening
and shade tree requirements, additional trees shall be planted throughout
the subdivision in accordance with a planting plan approved by the
planning board at the time of final approval. The number of trees
planted shall be not less than 10 per acre, calculated on the basis
of the entire subdivision tract. The variety of plantings may vary
from those listed under shade tree requirements and may include flowering
types and/or evergreens, not exceeding 30% of the total plantings.
7.
Additional landscaping for non-residential uses: In conjunction with
all uses other than single family homes, all areas of the site not
occupied by buildings, pavement, sidewalks, required screening, required
parking area landscaping, required safety islands, or other required
improvements, shall be landscaped by the planting of grass or other
ground cover acceptable to the planning board and a minimum of two
shrubs and one tree of each 250 square feet of open space.
8.
Trees shall be planted with a minimum diameter of two inches breast
high.
9.
Waiver: The planning board, after favorable recommendation by the
borough engineer and after examination and review, may waive, fully
or partially, provisions of this section in heavily wooded areas,
in areas unsuitable for plantings or because of other exceptional
conditions, and/or may require supplementary plantings.
10.
Specifications: All planting, clearing, selective thinning, topsoiling,
seeding and other landscaping work shall conform to the applicable
requirements of the standard specifications.
11.
Landscaping Plan: The placement of landscaping shall be in accordance
with a landscaping plan submitted with the final plat.
12.
Relocated Plantings: Existing plants may be salvaged and/or relocated
from clearing areas within the development and utilized to meet the
planting requirements of subsection 13-8.4c.6 and 7, provided that:
(a)
Each three items of salvaged and/or relocated plant material
shall be considered equivalent to two items of new plant material,
and
(b)
All such salvaged and/or relocated plant material shall be of
a type, size and quality acceptable to the borough engineer, and
(c)
All such salvaged and/or relocated plant material shall be dug,
transported and replanted at a season of the year and using a schedule
and equipment, methods and materials conforming to the requirements
of the standard specifications and subject to the approval of the
borough engineer.
(d)
The developer has received the approval of the borough engineer
of the items to be relocated and the schedule and methods of relocation
prior to any work of salvaging and/or relocation taking place.
d.
Shade Trees.
1.
In each subdivision of land, the developer shall plant between the
sidewalk and right-of-way line proper shade and/or decorative trees
of a type approved by the planning board, at a maximum distance of
50 feet between trees. The minimum distance between such trees planted
shall be 40 feet. Planting sites shall be indicated on the final plat.
Such plantings shall not be required within sight easements as required
elsewhere herein.
2.
All trees planted in accordance with the provisions of this chapter
shall be placed in a proper manner and in a good grade of topsoil
and within the area of the tree well at the point where the tree is
planted. In the event that any individual person or group of individual
persons desire to plant a tree or trees in a tree well or within the
jurisdiction of the planning board, such person or persons may do
so, provided that they conform to the provisions of this chapter,
and further provided that permission of the planning board is obtained.
3.
All shade trees to be hereafter planted in accordance with this chapter
shall be nursery grown, or of substantially uniform size and shape
and shall have straight trunks. Ornamental trees need not have straight
trunks, but must conform in all other respects with the provisions
for trees and tree plantings outlined in this chapter.
4.
All trees planted pursuant to this chapter shall be planted in a
dormant state.
5.
Subsequent or replacement plants shall conform to the type of existing
tree in a given area, provided that if any deviation is anticipated,
it must be done only with the permission of the Shade Tree Commission.
In a newly planted area, only one type of tree may be used on a given
street, unless otherwise specified by the planning board.
6.
A hole in which a tree is to be planted shall be in each case, one-third
larger in width and in depth than the existing root ball of the particular
tree to be planted. The hole for a tree to be planted shall contain
proper amounts of topsoil and peat moss, but no chemical fertilizer
shall be added until the tree has been planted for one year.
7.
All shade trees shall be planted in accordance with the landscaping
requirements of the standard specifications.
All development on tidal lagoons, navigable waterways or other
bodies of water, either existing or proposed, shall provide for bulkheading.
All development on non-tidal bodies of water, either existing or proposed,
shall provide for bulkheading or other appropriate permanent bank
stabilization, acceptable to the planning board. In no case shall
bank slopes, bulkhead, rip-rap, revetments, or other elements of bank
stabilization be located within required minimum yard areas.
Bulkheads may be constructed of treated timber, reinforced concrete,
marine alloy steel or other materials in accordance with approved
details (if adopted) and a detailed design to be submitted by the
developer in each case for approval by the borough engineer, and such
other approval authorities, including, but not limited to, the United
States Army Corps of Engineers, as may be necessary. New or reconstructed
lagoons shall have a minimum width of 100 feet and be provided with
suitable turning basins.
The planning board may consider waiver and/or modification of
this requirement when necessary to preserve wetlands or other natural
features, provided that minimum lot sizes may be maintained and that
all development may be made reasonably secure from erosion.
In zoning districts where bulk storage is a permitted accessory
use, the following minimum requirements shall apply:
a.
No bulk storage of materials or equipment shall be permitted in any
required front yard area or within 100 feet of any public street,
whichever is greater.
b.
No bulk storage of materials or equipment shall be permitted between
any side or rear lot line and the required side or rear setback line.
c.
All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the planning board. Where the property is adjacent to a residential zone, the screening shall meet the minimum requirements of subsection 13-8.4.
d.
No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of subsection 13-8.4.
e.
All service roads, driveways and bulk storage areas shall be paved
with bituminous concrete or other surfacing material, as required
by the planning board, which shall be of sufficient strength to handle
the anticipated use.
f.
In no instance shall on-site bulk storage of material exceed the
height of 10 feet.
g.
No heavy equipment shall be operated or parked closer to the front
property line than the required front setback plus 50 feet, except
as the same may be in transit to or from the site.
a.
All grading, excavation or embankment construction shall be in accordance
with the approved final plat and shall provide for the disposal of
all stormwater runoff and such groundwater seepage as may be encountered.
All clearing, excavation and embankment construction shall be in accordance
with the applicable requirements of the standard specifications. No
excavated material may be removed from the site except in accordance
with an approved final plat nor without the prior approval of the
borough engineer. Where borrow excavation materials from off-site
sources are required to complete the necessary grading, such material
shall meet the requirements of the standard specifications for borrow
excavation, zone 3, and shall be subject to the approval of the borough
engineer.
b.
Material which the borough engineer judges unsuitable for use in
roadway embankment may be used for grading outside the roadway right-of-way
or in building areas with the permission of the borough engineer and
the construction official (for building areas). Any unsuitable material
which cannot be satisfactorily utilized on the site shall be removed
from the site and disposed of at places to be provided by the developer.
c.
All construction layout and grading stakes shall be set by a licensed
land surveyor or professional engineer employed by the developer or
his contractor.
d.
All rough grading must be completed prior to the construction of
roadway subgrade. All sidewalk areas and slope areas must be fully
graded prior to the construction of finished pavements or pavement
base courses.
e.
To preserve the integrity of pavements, embankments and excavations
for streets or roadways shall be provided with slopes no steeper than
one foot vertical rise for every three feet of horizontal distance.
f.
Such slopes shall be suitably planted with perennial grasses or other
ground cover plantings in accordance with the plans approved by the
planning board. In areas where excavations or embankments would extend
significantly beyond road rights-of-way, thereby causing disruption
to the natural environment of the development, the planning board
may, upon the application of the developer, consider or may, upon
its own initiative, direct the use of terraces, retaining walls, crib
walls or other means of maintaining roadway slopes. In any event,
the entire roadway right-of-way shall be fully graded and any retaining
walls, crib walls or terraces shall be located outside of the roadway
right-of-way and their maintenance shall be the responsibility of
the owner of the property on which they are constructed. The developer
shall make suitable provisions in the instruments transferring title
to any property containing such terraces, retaining walls or crib
walls and shall provide a copy thereof to the planning board and the
borough clerk. All graded areas within or outside of the roadway right-of-way
shall be neatly graded, topsoiled, fertilized and seeded to establish
a stand of perennial grasses.
g.
Top of slopes in excavations and the toe of slopes in embankment
areas shall not extend beyond the right-of-way line or, where provided,
the exterior line of the six-foot wide shade tree and utility easement
required herein. Sidewalk and easement areas shall slope at 2% to
the top of the curb elevation, and sidewalk construction shall conform
to this slope.
h.
Lot Grading. Lots shall be graded to secure proper drainage and to
prevent the collection of stormwater. Said grading shall be performed
in a manner which will minimize the damage to or destruction of trees
growing on the land. Topsoil shall be provided and/or redistributed
on the surface as cover and shall be stabilized by seeding or planting.
Grading plans shall have been submitted with the preliminary and final
plats, and any departure from these plans must be approved in accordance
with the requirements of this chapter for the modification of improvements.
Grading shall be designed to prevent or minimize drainage to structures
or improvements when major storms, exceeding the design basis of the
storm drainage system, occur.
1.
Wherever possible, the land shall be graded so that the stormwater
from each lot shall drain directly to the street. If it is impossible
to drain directly to the street, it shall be drained to a system of
interior yard drainage designed in accordance with the standards for
drainage facilities and suitable drainage easements shall be provided.
2.
Unless otherwise required by the standard specifications, all tree
stumps, masonry and other obstructions shall be removed to a depth
of two feet below finished grade.
3.
The minimum slope for lawns shall be 3/4 of 1% and for smooth hard-finished
surfaces, other than roadways, 0.4 of 1%.
4.
The maximum grade for lawns within five feet of a building shall
be 10% and for lawns more than five feet from a building, 25%.
5.
Retaining walls installed in slope control areas shall be constructed
of heavy treated timber or logs, reinforced concrete, other reinforced
masonry or of other construction acceptable to the borough engineer
and adequately designed and detailed on the final plat to carry all
earth pressures, including any surcharges. The height of retaining
walls shall not exceed one-third of the horizontal distance from the
foundation wall of any building to the face of the retaining wall.
Should the borough adopt, subsequently to this chapter, standard details
for such construction, the same shall govern.
6.
The developer shall take all necessary precautions to prevent any
siltation of streams during construction. Such provisions may include,
but are not limited to, construction and maintenance of siltation
basins or holding ponds and diversion berms throughout the course
of construction.
a.
Location of Club or Bathhouse: All commercial or private club swimming
pools shall provide a suitable club or bathhouse building. The club
or bathhouse, for an outdoor commercial or private club swimming pool,
shall be set back not less than 100 feet from the front property line
and not closer than 50 feet from the side and rear property lines.
b.
Pool Location. An outdoor commercial or private club swimming pool
shall be located not less than 25 feet from the side or rear of the
clubhouse, bathhouse, motel or hotel on the building lot, and not
less than 100 feet from the front property line and not less than
50 feet from the side and rear property lines.
c.
Off-Street Parking. Ample parking spaces shall be provided in an
area or areas located not less than 100 feet from the front property
line and no less than 50 feet from the side or rear residential property
lines.
For a private club with a membership of up to 100 members, not
less than 80 car spaces shall be provided. For each additional 25
members or fraction thereof, not less than 20 additional car spaces
shall be provided.
For a commercial pool with up to 100 lockers or clothes baskets,
there shall be provided not less than 40 car spaces, and for each
additional 25 lockers or clothes baskets, not less than 10 additional
car spaces, and in addition thereto, two car spaces for each three
family lockers.
d.
Size of Pool. A swimming pool for a private club, limited to a maximum
of 100 members, shall have a minimum size of 1,800 square feet, and
for each additional 25 members or fraction thereof, the pool shall
be enlarged by 450 square feet.
For a commercial swimming pool limited to a total of 100 lockers
or baskets for bathers' clothing, the minimum size of the pool shall
be 2,000 square feet and for every additional 25 lockers or baskets
or fraction thereof, the pool shall be enlarged by 500 square feet.
e.
Swimming Section. The diving section shall be greater than 5 1/2
feet in depth; the non-diving section shall be less than 5 1/2
feet in depth. The area reserved around each diving board or platform
provided for diving purposes shall be not less than 300 square feet.
f.
Pump Location. The pump of a filtration or pumping system of a commercial
swimming pool or private club pool shall be located not less than
50 feet from any side or rear property line.
g.
Lounging and Spectator Area. In addition to the decks or walks surrounding
the swimming pool, an area shall be provided for lounging or spectator
use.
h.
Club and Bathhouse Facilities. The club or bathhouse shall be equipped
with separate facilities for men and women. These facilities shall
include adequate dressing rooms, lockers, shower and toilets.
i.
Wading Pool. A swimming pool for private club or commercial use shall
provide a separate wading pool.
j.
Pool Enclosure. To provide safety and a degree of privacy, an outdoor
swimming pool for private club or commercial use shall be surrounded
entirely by a suitably strong tight fence, capable of holding a live
load of 250 pounds between posts, located not more than eight feet
apart; however, one side or sides of the club or bathhouse may serve
as a part of the enclosure. The fence shall be located not less than
15 feet from the closest edge of the pool. The fence shall be from
eight feet to 10 feet high, having no opening larger than a two inch
square. All supporting structures shall be on the inside of the fence
and the top of such support shall be at least one inch lower than
the top of the fence.
k.
Gate. Any opening or openings in the fence to afford entry to the
pool shall be equipped with a substantial gate similar to the fence
and shall extend from not less than two inches above the ground to
the height of the fence. The gate shall be of a self-closing type,
opening outwardly only and be equipped with a lock and key or chain
and padlock and shall be kept locked, except when the pool is in use.
l.
Lighting. A complete system of artificial lighting shall be provided
for a swimming pool, including lounging and parking areas, which is
operated by a private club or for commercial use. Arrangement and
design of lights shall be such that all parts of the pool and its
appurtenances shall be clearly visible to attendants. All lighting
fixtures shall be shielded so as to prevent any direct beam from falling
upon any adjoining property. Overhead wires shall not be carried across
the swimming pool and wading pool proper, decks and lounging areas.
Underwater lighting shall be designed, installed and grounded so as
not to create a hazard to bathers.
m.
Noise. No sound amplifying system shall be operated or other activities
permitted at any swimming pool for commercial or private club use,
which shall cause undue noise or constitute a nuisance to the surrounding
neighbors. Closing time shall be no later than 10:30 p.m.
a.
Common open space or public open space areas proposed to be provided
in conjunction with applications for development for subdivisions
or site plans shall be subject to the following requirements:
1.
Each open space area should contain a minimum of two contiguous acres.
2.
Open space areas should not be less than 50 feet in width at any
location, except where such open space is to be utilized primarily
for walkway access from a public street to the open space at the rear
of building lots, it may have a minimum width of 20 feet for a length
not to exceed 250 feet.
3.
Where possible, all of the following land areas and features shall
be preserved as open space:
(a)
Floodway and flood hazard areas.
(b)
Areas containing a significant number of specimen trees as determined
by the planning board.
(c)
Existing watercourses, ponds.
(d)
Land with a seasonal high water table of less than two feet.
(e)
Wetlands as defined by the New Jersey Wetlands Act of 1970 and
delineated on wetlands maps prepared by the New Jersey Department
of Environmental Protection.
b.
Site Preparation. Within open space areas, the planning board may
require a developer to make certain site preparation improvements,
which may include, but are not limited to the following:
c.
Reservation of Public Areas.
1.
If the master plan or the official map provides for the reservation
of designated streets, public drainage-ways, flood control basins,
or public areas within the proposed development, before approving
a subdivision or site plan, the planning board may further require
that such streets, ways, basins or areas be shown on the plat in locations
and sizes suitable to their intended uses. The planning board may
reserve the location and extent of such streets, ways, basins or areas
shown on the plat for a period of one year after the approval of the
final plat or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof the municipality
shall have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to streets and roads, flood control basins or public drainageways
necessitated by the subdivision or land development and required for
final approval.
2.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxed apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
d.
Recreation Areas. Where it is considered appropriate by the planning
board, portions of proposed open spaces may be designated for passive
and/or active recreational activities. Passive recreational activities
may include, but are not limited to, pedestrian paths, bicycle paths,
sitting areas and naturally preserved areas. Active recreational activities
may include, but are not limited to, swimming pools, tennis courts,
and ball fields. The location and shape of any land to be designated
for recreational activities shall be approved by the planning board
based on, but not limited to, the following standards:
1.
The board shall consider the natural topography and shall attempt
to preserve the same to the greatest extent possible.
2.
The board shall attempt to tailor the location and shape of recreational
areas to harmonize with the shape of the entire development.
3.
The board shall consider the extent to which specific recreational
areas shall be used for passive or active recreational purposes.
4.
The board shall request and consider recommendations from the appropriate
borough officials.
5.
The board shall consider the extent to which the residents of the
development shall be served by other existing or future recreational
facilities or lands within or in the vicinity of the development.
6.
The board shall consider the sequence of development.
7.
The board shall consider the effect which the location and shape
of recreational areas in the development will have upon the application
of sound planning principles as well as the general welfare, health
and safety of the residents of the development.
e.
Open Space Ownership.
1.
The type of ownership of land dedicated for open space purposes shall
be selected by the owner, developer, or subdivider subject to the
approval of the planning board and may include, but is not necessarily
limited to the following:
(a)
The Borough of Union Beach (subject to acceptance of the borough
council).
(b)
Other public jurisdictions or agencies (subject to their acceptance).
(c)
Quasi-public organizations (subject to their acceptance).
(d)
Homeowners' or condominium associations or organizations.
(e)
Shared, undivided interest by all property owners in the development.
2.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the planning board, which
insure that:
f.
Maintenance of Common Open Space.
1.
The borough or other governmental agency may, at any time and from
time to time, accept the dedication of land or any interest therein
for public use and maintenance, but the planning board shall not require,
as a condition of approval, that land proposed to be set aside for
common open space be dedicated or made available to public use.
2.
The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of the development, if said open space is not dedicated to the borough
or other governmental agency. Such organization shall not be dissolved
and shall not dispose of any open space, by sale or otherwise, except
to an organization conceived and established to own and maintain the
open space for the benefit of such development, and thereafter such
organization shall not be dissolved or dispose of any of its open
space without first offering to dedicate the same to the borough.
3.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the administrative officer
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
the notice shall include a demand that such deficiencies of maintenance
be cured within 35 days, and shall state the date and place of a hearing
which shall be held within 15 days of the notice. At such hearing,
the administrative officer may modify the terms of the original notice
as to deficiencies and may give a reasonable extension of time not
to exceed 65 days within which they shall be cured.
If the deficiencies set forth in the original notice or in the
modification shall not be cured within the 35 days or any permitted
extension thereof, the borough, in order to preserve the open space
and maintain the same for a period of one year may enter upon and
maintain such land. The entry and maintenance shall not vest in the
public any rights to use the open space except when the same is voluntarily
dedicated to the public by the owners. Before the expiration of the
year, the administrative officer shall, upon his initiative or upon
the request of the organization responsible for the maintenance of
the open space, call a public hearing upon 15 days' written notice
to the organization and to the owners of the development, to be held
by the administrative officer, at which hearing the organization and
the owners of the development shall show cause why such maintenance
by the borough shall not, at the election of the borough, continue
for a succeeding year. If the administrative officer shall determine
that the organization is ready and able to maintain the open space
in reasonable condition, the borough shall cease to maintain the open
space at the end of the year. If the administrative officer shall
determine the organization is not ready and able to maintain the open
space in a reasonable condition, the borough may, in its discretion
continue to maintain the open space during the next succeeding year,
subject to a similar hearing and determination, in each year thereafter.
The decision of the administrative officer in any such case shall
constitute a final administrative decision subject to judicial review.
4.
The cost of the maintenance of by the borough shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on the properties and be added to and be a part of the taxes to be
levied and assessed thereon, and enforced and collected with interest
by the same officers and in the same manner as other taxes.
a.
All concrete used in any subdivision or site improvement shall be
prepared in accordance with the requirements of the standard specifications
for the various classes of concrete used, except that the 28 day compressive
strength of the concrete used shall not be less than the following:
|
Type of Concrete
|
Strength
(pounds per square inch)
|
|---|---|
|
Class A
|
4,500
|
|
Class B
|
3,500
|
|
Class C
|
3,000
|
|
Class D
|
2,500
|
b.
Unless specific written permission is obtained from the borough engineer
to the contrary, only concrete obtained from dry-batched redi-mixed
trucks shall be allowed.
a.
General Requirements. Curb and/or combination curb and gutter shall
be constructed along both sides of every street within a development.
Any existing pavements damaged by curb construction shall be repaired
to the standards herein and/or as shown on the final plat. Where one
side of the development boundary is along an existing street, the
curb and/or curb and gutter shall be constructed only on the development
side. Curbs and/or combination curbs and gutters shall be constructed
of Class B concrete, air-entrained, in accordance with the requirements
of the standard specifications. Preformed bituminous cellular-type
joint filler, one-half inch thick cut to match the cross-section of
the curb, shall be used at all expansion joints at intervals not greater
than 20 feet. Intermediate plate joints shall be provided at intervals
not exceeding 10 feet. At places where a concrete curb abuts Portland
cement concrete pavement, joints in the curb shall be placed to match
the paving joints and intermediate joints shall be placed so as to
create equal curb panels not longer than 20 feet. When concrete curb
and gutter is required, the gutter shall be eight inches thick and
shall be constructed of Class B air-entrained concrete. Joints in
the gutter shall be formed simultaneously with joints in the curb.
Curb and combination curb and gutter cross-sections shall be as shown
in Figure 3 and 4 below. The requirements of the standard specifications
regarding curing precautions must be strictly observed.
 |
b.
Use of Combination Curb and Gutter. Use of combination curb and gutter
will be allowed in all areas and required in those areas having a
bituminous pavement with a profile grade greater than 5% with the
following exception:
1.
Both sides of a street for the entire block length shall be constructed
with one type of curb; that is, where only a portion of a block is
required to have combination curb and gutter, the entire block shall
be constructed using the combination curb and gutter.
2.
Where 50% or more of the curb length of any street would be required
to have combination curb and gutter, the entire street shall be constructed
with combination curb and gutter.
3.
Where 50% of more of any subdivision is required to have a combination
curb and gutter, the entire subdivision shall be constructed with
combination curb and gutter.
c.
Timing of Curb Construction. In areas with bituminous concrete pavement,
required curb and/or curb and gutter shall be constructed prior to
the construction of the bituminous base courses. Any required repairs
to curbs and/or combination curb and gutter which are not suitable
for acceptance shall be made prior to construction of the final pavement
wearing course. In those areas having Portland cement concrete pavement,
the curb shall be constructed after the construction and curing of
the Portland cement pavement.
d.
Alternate Curb Types. In certain instances it may be necessary or
desirable to construct alternate curb types. For example, these may
be required by the planning board on the perimeter of channelizing
islands or in the areas of unusually heavy gutter drainage flow, or
may be desired by the developer for decorative purposes or to preserve
vegetation (e.g., granite block curb, rolled concrete curb, etc.).
If alternate curb types are to be permitted, an appropriate construction
detail shall be submitted for approval with the preliminary and final
plats. Continuous slip-formed curb or combination curb and gutter
may be permitted if such is considered to be acceptable by the borough
engineer. The use of continuous slip-formed curb or combination curb
and gutter may only be permitted if the applicant submits for review
and approval details and specifications concerning equipment, materials
and methods proposed for use and if the borough engineer has inspected
the installation and tested and approved a suitable sample section
of such curb or combination curb and gutter. In the event the borough
engineer does not approve the sample section of curb or combination
curb and gutter, the developer shall remove the sample section and
replace it with a type of curb or curb and gutter permitted by this
chapter or such other alternate as may be approved by the planning
board.
[Ord. No. 324, § 8.12]
a.
Drainage Easements.
1.
If the property on which a proposed development is to be located
is or is proposed to be traversed by a drainage facility of any kind,
including a pipe, channel, stream or swale, the planning board may
require that a stormwater and drainage easement or right-of-way along
said facility be provided by the developer. If existing land drainage
structures, such as french drains, are encountered during the course
of construction of any development, such drainage structures shall
either be removed entirely or a revised final plat showing the location
of such drainage structures and accompanied with detailed cross-sections
thereof shall be filed with the borough engineer for consideration
by the planning board. The planning board, after consulting its engineer
and other appropriate agencies, shall either require a drainage easement,
require that the structure be removed in part or in its entirety,
or recommend such other action to the governing body as it deems appropriate.
2.
All easements shall be shown on the final plat with a notation as
to the purpose and restrictions of the easement. Easement lines on
the final plat shall be shown with accurate dimensions and bearings
unless the easement lines are parallel or concentric with lot lines.
3.
The land which is the subject of an easement or right-of-way shall
in the case of storm drains or constructed channels be of a suitable
width meeting the requirements for design of drainage facilities,
or be a strip which conforms substantially to the floodplain of any
watercourse along both sides of the watercourse to a width of 50 feet
in each direction from the centerline of the watercourse, whichever
is the greatest; except, however, that if the location of such watercourse
is at or near the boundary of the subdivision, the dimensions of the
easement and right-of-way shall be modified to retain it within the
confines of the development.
Said easement and right-of-way shall include provisions assuring
the following:
(a)
Preservation of the channel of the watercourse.
(b)
Except in the course of an authorized drainage improvement,
prohibition of alteration of the contour, topography or composition
of the land within the easement and right-of-way.
(c)
Prohibition of construction within the boundaries of the easement
and right-of-way which will obstruct or interfere with the natural
flow of the watercourse.
(d)
Reservation of a public right-of-entry for the purpose of maintaining
the storm drain, drainage channel or the natural flow of drainage
through the watercourse, of maintaining any and all structures related
to the exercise of the easement and right-of-way and of installing
and maintaining a storm or sanitary sewer system or other public utility.
b.
Conservation Easement.
1.
Conservation easements may be required along all drainage and stormwater
rights-of-way in the development and may be required also along ponds,
marshes, swamps and streams or other watercourses along which drainage
rights-of-way are not required. Such easements are intended to help
prevent the siltation of streams and other courses and the erosion
of stream banks, other watercourses and adjacent lands. The land subjected
to a conservation easement shall be a strip at least 25 feet but not
more than 100 feet in width independently located or running adjacent
to each side of any required drainage or stormwater right-of-way.
Such conservation easement shall contain provisions to restrict the
removal of trees and ground cover except for the following purposes:
removal of dead or diseased trees; thinning of trees and other growth
to encourage the more desirable growth; removal of trees to allow
for structures designed to impound water; and removal of trees in
areas to be flooded for the creation of ponds or lakes. The easements
shall also prohibit filling or grading of the lands or the disposal
of refuse or waste material of any type within the limits of the easement.
2.
The easement shall be indicated on the plat and shall be marked on
the land by iron stakes wherever the lines of such easement change
direction or intersect lot lines.
c.
Sight Triangle Easements. In addition to right-of-way widths required
for the full design of all streets and the wider intersections as
specified, sight triangle easements may be required on all corners
at all street intersections. Such easements shall include provisions
to restrict the planting of trees or other plantings or the location
of structures exceeding 30 inches in height that would obstruct the
clear sight across the area of the easements and a reservation to
the public right-of-entry for the purpose of removing any object,
natural or otherwise, that obstructs the clear sight. Such easements
shall include the area on each street corner that is bounded by the
right-of-way lines and a straight line connecting points on each right-of-way
line 50 feet from the intersection of the right-of-way lines with
points on the intersecting right-of-way line, which points are the
following distances from the intersection of the right-of-way lines
(or of their prolongations):
1.
On local streets - 50 feet.
2.
On collector streets - 100 feet.
3.
On arterial streets - 200 feet.
4.
Where intersections occur on highways or roadways under the jurisdiction
of the state or county, the sight triangle easements required by the
state or the county may be substituted in lieu of the requirements
above.
[Ord. No. 324, § 8.13; Ord. No. 2005-55; Ord.
No. 2016-244 § 5; Ord.
No. 2017-259 § 2]
a.
Fences, hedges and walls hereafter erected, altered or reconstructed
in any zone in the borough shall not exceed six feet in height above
ground level except as follows:
1.
Hedges, walls and fences, which are not open fences as defined in this chapter, subsection 13-2.3(a), 54 "Fence, open," located in a front yard, or located within five feet of a side (secondary front) yard of a corner lot fronting on a street, or within 50 feet of any river, lagoon or other body of water, shall not exceed 36 inches in height. Fences, hedges and walls which are set back greater than five feet from the side property line corner lot fronting on a street shall not exceed six feet in height.
2.
In any business or industrial zone, open wire fences not exceeding
eight feet in height may be erected in the rear or side yard areas
and behind the building setback line.
3.
On park, recreation or school properties, open wire fences not exceeding
eight feet in height may be erected in the rear or side yards areas
and behind the building setback line.
4.
Fences specifically required by other provisions of this chapter
and other municipal and state regulations.
b.
All fences must be erected within the property lines, and no fence
shall be erected so as to encroach upon a public right-of-way.
c.
The following fences and fencing construction materials are specifically
prohibited in all zones in the borough: barbed wire, canvas, cloth,
electrically charged, expandable and collapsible fences.
d.
All supporting members of a fence shall be located on the inside
of the fence, and if erected along or adjacent to a property line,
the supporting members of the fence shall face the principal portion
of the tract of land of the property upon which the fence is erected.
e.
Fences should be a minimum of three feet from any existing residential
structure.
[Ord. No. 324, § 8.14]
a.
A certificate of occupancy shall not be issued for new residential
structure located in an area serviced by a public or private water
company unless the distance from the midpoint of the frontage of such
premises to a functioning fire hydrant, which has been tested and
approved, as measured down to the centerline of connecting public
streets, is 400 feet or less.
b.
Final subdivision plats shall not be approved by the planning board
unless fire hydrants are indicated on the final plat in accordance
with the requirements herein contained as to location of and distances
between fire hydrants.
c.
Fire hydrants shall not be placed at the closed end of a turnaround
of a cul-de-sac unless the distance between the open end and the closed
end is greater than 400 feet, in which event, the fire hydrants shall
be placed at both the open end and the closed end of the cul-de-sac.
d.
The installation of fire hydrants with respect to any subdivision
shall not be considered a subdivision improvement to be included in
the bonding requirements of this chapter but rather the proper installation
of fire hydrants shall be a condition of the issuance of certificates
of occupancy.
e.
Flow Capacity Classification. All fire hydrants shall be classified
as follows:
1.
Class A: flow capacity greater than 1,000 gallons per minute.
2.
Class B: flow capacity of 500 gallons per minute.
3.
Class C: flow capacity of less than 500 gallons per minute.
Said flow capacities are to be rated by a flow measurement test
at a period of ordinary demand, the rating to be based on 20 pounds
per square inch of residual pressure when initial pressures exceed
40 pounds per square inch. When initial pressures are less than 40
pounds per square inch, residual pressure shall be at least half of
the initial pressure.
f.
All fire hydrants shall be painted in accordance with the following
schedule:
The tops and nozzle caps shall be painted the color indicated
for each of the following classes:
|
Class of Hydrant
|
Color
|
|---|---|
|
A
|
Green
|
|
B
|
Orange
|
|
C
|
Red
|
g.
All fire hydrant barrels will be painted with white fluorescent paint.
h.
All fire hydrants installed in the municipality shall have no less
than two, 2 1/2 inch hose connection nozzles and one, 4 1/2
inch pumper nozzle. All threads are to be National Standard fire hose
threads.
i.
Hydrants shall be set plumb with nozzles 18 inches above the ground
or, where they are to be placed in hose houses, 18 inches above the
floor.
[Ord. No. 324, § 8.15]
Guardrails, pipe railing or other appropriate barricades, as
required by the planning board shall be designed and placed at drainage
structures, streams, embankment limits, curves and other required
locations. Guardrails shall be standard steel-beam type with galvanized
steel posts in accordance with the Standard Construction Details.
Alternate design of guardrails and barricades may be used and shall
be submitted for approval as part of the final plat submission.
a.
Lot Size. Minimum lot size and dimensions shall be governed by the
requirements of the respective zoning districts as set forth in this
chapter, except that:
1.
The planning board may require larger lots where additional area
will partially or completely eliminate the necessity of changes in
grade which in the opinion of the board would cause unreasonable destruction
of the topography or environment or would create drainage or erosion
problems.
2.
The planning board may require larger lots adjacent to collector
or arterial streets where, in the opinion of the board, the larger
lots would promote the health, safety and general welfare of the public
and the residents of the development.
b.
Lot and Block Numbers.
1.
In accordance with the tax map specifications of the State of New
Jersey dated May, 1975, prepared by the State of New Jersey Department
of the Treasury, as amended, subdivided lots and blocks shall generally
bear the original numbers with a number added as a subscript. The
use of letter designations should particularly be avoided.
2.
Prior to final plat approval by the planning board, two copies of
the map shall be submitted to the borough engineer for proper assignment
of lot and block numbers. One copy of said map shall be returned with
the new lot and block numbers shown. The other copy will be retained
for tax map purposes.
c.
House Numbers.
1.
House numbers shall be assigned each lot by the borough engineer
prior to final plat approval by the planning board.
2.
The subdivider, upon completion of curbs and streets, shall place
the street number of each lot in the subdivision on the curb or other
conspicuous place approved by the borough engineer in size and color
designed to make the street numbers readily and distinctly discernible
from the street. Unless otherwise permitted by the engineer, such
numbers shall be block style, four inches in height, three-quarter
inch shape width painted in white fluorescent paint on a black background
extending at least one inch beyond the number on all sides.
d.
Area and Side Lot Lines. Except as otherwise provided in this chapter,
lot dimensions and area shall not be less than the requirements of
the zoning district. Insofar as is practical, side lot lines shall
be at right angles to straight streets and radial to curved streets.
e.
Lot Frontage. Each lot shall front on an approved street accepted
or to be accepted by the borough.
f.
Lot Line on Widened Street. Where extra width is to be provided for
the widening of existing streets, lot measurements shall begin at
the proposed right-of-way line, and all setbacks shall be measured
from such lines unless otherwise provided by this chapter.
g.
Unsuitable Lots. All lots shall be suitable for the purpose for which
they are intended to be used. To prevent the use of lots which are
not suitable because of adverse topography, environmental, flood conditions
or similar circumstances, the planning board may require such revisions
in a layout of the subdivision as will accomplish one of the following:
1.
That the area of the unsuitable lot is included in other lots by
increasing the size of the remaining lots.
2.
That it is included in an area to be deeded to the township or other
public or quasi-public body and will be held in its natural state
for conservation and/or recreation purposes.
3.
That some other suitable arrangement is made.
h.
Driveways. All structures must be accessible by means of a paved
driveway. The paved driveway must be not less than 10 feet wide and
must have a centerline grade of not less than 0.5% and not greater
than 10%. For all non-single family uses, driveways must provide turnarounds
to eliminate the necessity of any vehicle backing onto any street.
No private driveway in any zone shall be located nearer to any side
or rear lot line than five feet.
Monuments shall be a size and shape required by Section 4, Chapter
358 of the Laws of 1963, and shall be placed in accordance with said
statute. In addition to the required monuments, after the grading
is finished, the developer shall install a steel stake one inch in
diameter and 30 inches in length on lot corners, lot line angle points,
or other changes in direction not marked by monuments, and at all
angle points or discontinuities in easement lines where such easements
are not parallel to property lines.
In addition to regulations applicable within zones where multi-family
dwellings and/or townhouses are a permitted use or are a conditional
use, the following regulations shall apply to all multi-family dwellings
and/or townhouses:
a.
Setback from Public Streets. All buildings, parking areas and other
above ground improvements, with the exception of access drives or
access roadways, landscaping and screening areas, shall be set back
a minimum of 25 feet from the right-of way of all public streets unless
the required front yard setback for the zone is greater, in which
case, the zone regulations shall take precedent.
b.
Setback from other Property Lines. All buildings, parking areas and
other above ground improvements, including access drives, with the
exception of landscaping and screening areas, shall be set back a
minimum of 20 feet from all side and rear lot lines, unless the required
side or rear yard setback for the zone are greater, in which case,
the zone regulations shall take precedent.
d.
Courtyards. Courtyards bounded on three or more sides by wings of
the same building or by the walls of separate buildings shall have
a minimum court width of three feet for each one foot in height of
the tallest building or building wing.
e.
Building Length. No principal building, when viewed from any elevation,
shall be greater than 175 feet in length.
f.
Garages and/or carports, when not attached to a principal building,
shall be located no closer than 40 feet to a facing wall of a principal
building containing windows, nor closer than 20 feet to a facing wall
of a principal building which does not contain windows.
g.
Distance Between Principal Buildings and Internal Drives. No multi-family
dwellings shall be located closer than 35 feet to any access drive
or internal roadway.
h.
Distance Between Principal Buildings and Parking Areas. No principal
building shall be located closer than 20 feet to any parking area,
except for access aisles or driveways to garages and/or carports,
which are attached to principal buildings.
i.
Garage and/or carport parking spaces shall not be counted toward
meeting off-street parking requirements, unless the garage or carport
space has a driveway in front of it, which is a minimum 20 feet in
depth and which driveway is adjacent and accessible from an access
aisle or internal roadway.
j.
Refuse Storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve and shall be screened in accordance with the requirements of subsection 13-8.4b.
k.
Outdoor Lighting. Interior development roads, parking areas, dwelling
entrance ways and pedestrian walks shall be provided with sufficient
illumination to minimize hazards to pedestrians and motor vehicles
utilizing the same, but in no case, shall such lighting be less than
is required to provide a minimum lighting level of 0.5 horizontal
foot candles throughout such areas from dawn to dusk. Where necessary,
lights shall be shielded to avoid glare disturbing to occupants of
the buildings. Lighting shall be so arranged as to reflect away from
all adjoining residential buildings.
l.
Recreation. Passive recreation areas, such as pathways, natural woods
and fields, seating areas and lawns, shall be provided, suitably arranged,
throughout any multi-family site.
In addition, an active recreation area or areas shall be provided at the rate of at least 250 square feet per dwelling unit. Outdoor play equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least equivalent to 15 square feet per unit, except no pool less than 500 square feet will be allowed, and no pool greater than 3,000 square feet shall be required. An auxiliary building or buildings providing for lavatories and storage shall also be erected in conjunction with pools. Swimming pools shall be subject to the provisions of subsection 13-8.8.
m.
Buildings shall have no more than two dwelling units in a line without
setbacks and/or breaks in building elevation of at least five feet.
n.
Concrete walkways, at least four feet wide or of such other dimension
and composition as may be approved by the planning board, shall be
provided where normal pedestrian traffic is like to occur.
o.
Internal roadways shall be constructed in accordance with the standards
for public streets in this chapter.
q.
The percentage of three bedroom units to the total number of dwelling
units shall not exceed 20%. The combined percentage of two or three
bedroom units to the total number of dwelling units shall not exceed
70%. No unit larger than a three bedroom unit shall be permitted.
r.
All rooms, exclusive of living rooms, dining rooms, kitchens and
bathrooms, which contain 70 square feet or more of floor area, shall
be considered bedrooms. If a dining room is not directly accessible
from and adjacent to both the kitchen and living room, it shall also
be considered a bedroom.
a.
For every building, structure or part thereof having over 10,000
square feet of gross floor area erected and occupied for any use other
than residential, there shall be provided at least one truck standing,
loading and unloading space on the premises not less than 12 feet
in width, 35 feet in length and with a minimum vertical clearance
of 14 feet. Buildings that contain in excess of 15,000 square feet
of gross floor area shall be required to provide additional off-street
loading spaces as determined by the planning board during site plan
review.
b.
Access to truck standing, loading and unloading areas may be provided
directly from a public street or alley or from any right-of-way that
will not interfere with public convenience and will permit orderly
and safe movement of truck vehicles.
c.
Unless otherwise permitted, fire zones shall not be used as standing,
loading or unloading areas.
d.
Loading areas, as required under this subsection, shall be provided
in addition to off-street parking spaces and shall not be considered
as supplying off-street parking spaces.
e.
No off-street loading and unloading area shall be permitted in any
required front yard area.
In all zones and in connection with every industrial, commercial,
institutional, professional, recreational, residential or any other
use, there shall be provided off-street parking spaces in accordance
with the following requirements and parking lot standards:
a.
Type of Parking Permitted. Each dead storage bay of an off-street
parking space may be perpendicular with the aisle, parallel with the
aisle, or at any angle between 60° and 90°. No angle parking
layout shall be permitted with an angle less than 60°.
b.
Stall Size.
1.
Automobiles: Each perpendicular or angle off-street parking space
shall occupy a rectangular area of not less than 10 feet in width
and 20 feet in depth exclusive of access drives and aisles, except
that parking spaces for the physically handicapped shall be 12 feet
wide.
Parallel parking spaces shall occupy a rectangular area 10 feet
by 23 feet.
2.
Other Vehicles:
(a)
Uses that own, rent or service motor vehicles larger than automobiles
which must be parked and/or stored on the site shall indicate in the
statement of operations submitted with the site plan, the size of
such vehicles and the anticipated largest number of such vehicles
to be stored and/or parked on the site at any single time and the
site plan shall show a sufficient number of parking and/or storage
stalls at an adequate size for the largest number of such vehicles
to be parked and/or stored on the site at any one time. Aisles providing
for access to such parking and/or storage stalls shall be of adequate
width for the vehicles to be served.
(b)
Failure of an applicant to indicate, where applicable, in the
statement of operations that vehicles larger than automobiles are
to be parked and/or stored on the site and provide for such parking
and/or storage on the site plan shall be a violation of this ordinance,
and any building permit or certificate of occupancy that has been
issued shall not be valid and may be revoked.
(c)
Any change of use to a use which requires parking and/or storage
space for a greater number of vehicles larger than automobiles than
the previous use shall be required to make application for site plan
approval.
3.
When off-street parking is provided in connection with a use which
will assign or can control the utilization of parking areas (for example,
employee only parking areas), the planning board may approve separate
parking areas for subcompact vehicles having a length of less than
17 feet and width of six feet or less. Within such areas the planning
board may approve the reduction of stall size to an eight and one-half
foot width and a seventeen-foot length. Appropriate signing and marking
shall be required. The number of parking stalls which may be designed
for subcompact vehicles shall be determined by the planning board
based upon documentation submitted by the applicant.
c.
Aisle Widths.
1.
Aisles from which cars directly enter or leave parking spaces shall
not be less than 24 feet wide for perpendicular parking or for parking
at any angle greater than 60°, and 20 feet wide for 60° angle
parking, except that all two-way aisles shall be a minimum of 24 feet
wide.
2.
Only angle parking stalls or parallel parking stalls shall be used
with one-way aisles.
d.
Access Drives. (See Figures 5 and 6[1])
1.
Entrance and exit drives shall have a minimum width of 18 feet for
those designed for one-way traffic and 24 feet for those carrying
two-way traffic.
2.
Parking areas for 25 or more cars and access drives for all parking
areas on arterial highways shall provide curbed return radii of not
less than 15 feet for all right turn movements and left turn access
from one-way streets and concrete aprons on entrance and exit drives.
3.
Parking areas for less than 25 cars may utilize concrete aprons without
curb returns at entrance and exit drives which are not located on
a minor arterial or principal arterial highway.
[1]
Figures 5 and 6 are included as an attachment to this chapter.
e.
Paint Striping. All parking areas shall provide paint striping to
delineate parking stalls, barrier lines, lane lines, directional arrows,
stop lines, fire lanes and other striping as may be required to insure
safe and convenient traffic circulation. Such striping shall be in
substantial conformance with the "Uniform Manual on Traffic Control
Devices".
f.
Traffic Signs. All parking areas shall provide traffic control signs
and devices necessary to insure safe and convenient traffic circulation.
Such devices shall be in substantial conformance with the "Uniform
Manual on Traffic Control Devices".
g.
Curbing. The perimeter of all parking areas and internal islands
within all parking areas open to the general public shall have continuous
cast in place concrete curbing (see Figure No. 3[2]) with a six inch face or such alternate curb types as
may be approved by the planning board at the time of site plan approval.
The planning board may waive the requirement for curb in parking
areas only to employees, service vehicles or for loading and unloading,
provided that drainage, vehicle control and safety can be properly
accommodated by alternate means.
h.
Paving. All parking areas shall provide pavement in accordance with
the requirements of local street set forth in subsection 18-8.23,
except as follows:
1.
Parking areas for less than 50 cars, which the planning board determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FA-BC-1 over a six inch gravel base, all in accordance with the specifications contained in subsection 13-8.23.
2.
In parking areas for 100 or more cars, access drives and aisles, which the planning board determines are likely to be utilized by heavy trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for streets other than local streets set forth in subsection 13-8.23.
i.
Location of Parking.
1.
Parking areas in residential zones for uses other than single family
and two family dwellings may be located in any rear or side yard,
but may not be located in any required front yard.
2.
No area shall be used for parking unless it is large enough to provide
for at least three contiguous stalls.
3.
Where parking is permitted between the front building line and the
street line, whether by this chapter variance, a safety island or
raised median separating the public street from the parking area shall
be provided in accordance with the following minimum requirements
(see Figures 5 and 6[3]):
(a)
The width of the safety island shall be that width between the
proposed curb line to a point eight feet inside the property line.
When this width is less than 18 feet, the parking area shall be reduced
to provide a minimum width for the safety island of 18 feet. All required
tree and shrub plantings shall be placed on the on-site portion of
the safety island.
(b)
When perpendicular or angled parking spaces abut the safety
island, the stall depth shall be measured from a point two feet outside
the face of the curb for perpendicular spaces or angled spaces greater
than 60°, and three feet outside the face of curb for 60°
angle spaces. Such parking spaces shall be separated from access drives
by curbed islands with a minimum width of 10 feet.
(c)
Safety islands shall be landscaped, topsoiled, and seeded, except
that they may, as an alternative to seeding, be provided with a cover
or mulch of maintenance free materials which provide a clear and unmistakable
distinction between the parking area and the safety island.
(d)
Notwithstanding the use of maintenance free materials, there
shall be provided at least one deciduous tree two inches in diameter
at breast height every 40 feet, or part thereof, on all safety islands.
A greater distance will be allowed for plantings if necessary for
traffic safety. The area between trees shall be planted with a minimum
of three evergreen type shrubs. The portions of the safety island
within 25 feet of any access drive or street intersection shall be
planted with evergreen shrubs less than 30 inches in height. Alternate
or additional plantings may be permitted by the planning board in
accordance with an approved site plan.
(e)
No commercial signs, light standards or other above ground obstructions
other than plantings shall be permitted within 10 feet of the street
right-of-way.
[3]
Figures 5 and 6 are included as an attachment to this chapter.
4.
All required parking spaces and facilities shall be located on the
same lot or parcel as the structure or use it shall serve. In the
case of non-residential uses, parking facilities may be provided on
other lots or parcels within a radius of 300 feet from the boundary
of the lot containing the use to which said parking spaces and facilities
are accessory, provided that said lots are in the same ownership as
the lot containing the principal use and subject to deed restrictions
binding the owner and his heirs, successors and assigns to maintain
the required number of spaces available and required facilities throughout
the life of such use.
5.
Required parking spaces for the physically handicapped should be
located to provide convenient access to building entrances by way
of depressed curbs and ramps in accordance with state regulations.
Parking spaces for the physically handicapped shall be a minimum of
12 feet in width and the number of spaces to be provided shall be
determined by the following table:
|
Total Parking Spaces in Parking Area
|
Minimum Number of Spaces to be Provided for Physically Handicapped
|
|---|---|
|
up to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
Over 100
|
4 plus 1 for each 50 over 100 spaces
|
j.
Small Parking Areas. Parking lots having 50 or less spaces shall
be designed to provide the following minimum design requirements:
1.
A safety island where parking is provided in the front yard area.
2.
A five foot unbroken landscaping strip along side and rear property
lines. The five foot landscaping strips shall have the same minimum
planting requirements as safety islands, except that:
3.
Not more than one two-way access drive or two one-way access drives
shall be permitted on any street.
4.
Where possible, access drives shall not be located closer than 100
feet from the nearest right-of-way line of an intersecting street.
5.
No parking stall shall be located to require a vehicle to back into
any portion of the right-of-way in order to enter or exit the parking
stall.
6.
All parking areas for 10 or more vehicles shall have artificial lighting
that will provide a minimum lighting level of 0.5 horizontal foot
candles throughout the parking area and access drives. For multi-family
uses, such lights shall be operated from dusk to dawn and for all
other uses when the site or structure is occupied. Free standing light
poles shall be no higher than the height of the highest principal
building plus five feet. Shielding shall be required where necessary
to prevent glare upon adjacent properties or streets.
k.
Large Parking Areas. Parking lots which have a capacity for parking
more than 50 vehicles shall incorporate the following minimum design
standards:
1.
All the minimum design standards for small parking areas.
2.
All entrance drives shall extend a minimum distance of 100 feet back
from the street curb line or to an access aisle.
3.
All exit drives shall extend a minimum distance of 60 feet back from
the street curb or to a major access aisle.
4.
No parking stalls shall utilize the required entrance and exit drives
or major circulation drives as access aisles.
5.
Wherever feasible, access drives located along one-way streets or
divided highways shall be separate one-way drives. Said drives shall
be located so that vehicles enter the parking area at the beginning
of the property and exit at the far end of the property unless other
considerations, such as a median opening, dictate otherwise.
6.
Access drives shall not be located closer than 100 feet from the
nearest right-of-way line of an intersecting street, except that for
uses such as shopping centers, which in the opinion of the planning
board will generate large traffic volumes, access drives shall not
be located closer than 200 feet from the nearest right-of-way line
of an intersecting street.
7.
No driveway shall be located less than 10 feet from the side property
line or within 30 feet of an existing drive, whichever is greater.
8.
Properties having a frontage in excess of 500 feet on any one street
shall be permitted two-way and one-way access drives providing for
not more than two entrance and two exit movements on the street. Properties
having a frontage in excess of 1,000 feet on any one street may be
permitted to have additional access drives subject to the approval
of the planning board.
9.
Where the planning board determines that the total number of off-street
parking spaces required by this ordinance may not be immediately required
for a particular use, it may permit a staged development plan, which
requires that only a portion of the parking area, but not less than
65% of the required spaces, be completed initially, subject to the
following regulations:
(a)
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required by this chapter.
(b)
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
(c)
The portion of the parking area not to be paved initially shall be landscaped in accordance with subsection 13-8.4.
(d)
The applicant shall post separate performance guarantees in addition to the performance guarantees required under section 13-7 of this chapter which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
(e)
In lieu of a permanent certificate of occupancy, a temporary
certificate of occupancy shall be issued for a period of two years.
Prior to the expiration of the two-year period, the applicant may
either (1) install the additional parking shown on the site plan and
apply to the construction official for issuance of a permanent certificate
of occupancy or (2) apply to the planning board after the use has
been in operation a minimum of 18 months for a determination as to
whether or not the initial parking area provided is adequate. If the
planning board determines that the parking facility is adequate as
originally constructed, the performance guarantees may be released
and a permanent certificate of occupancy issued. If, however, the
planning board determines that the partial off-street parking area
is not adequate, the applicant shall be required to install the additional
parking facilities in accordance with the terms of the performance
guarantees prior to issuance of a permanent certificate of occupancy.
(f)
Any change of use on a site for which the planning board may
have approved a partial paving of off-street parking areas, to a use
which requires more parking spaces than are provided on the site,
shall require submission of a new site plan.
l.
Parking Area Landscaping. Every parking lot with more than 100 spaces
shall be divided as nearly as possible into smaller lots of 50 spaces
separated by landscaped dividing strips, excepting the area for access
aisles. The plantings required within the parking area shall be considered
exclusive from any other plantings that may be required for screening
or safety island planting. All landscaping for dividing strips shall
be shown as part of the detailed landscaping plan submission, where
required. The following criteria shall apply for internal landscaped
dividing strips:
1.
They shall have a minimum width of 10 feet.
2.
They shall be seeded and topsoiled. The use of maintenance free material
other than seeding and topsoil may be permitted if the same provides
a safe and attractive alternative.
3.
Unless otherwise approved by the planning board, they shall be planted with deciduous trees of two inch diameter at breast height with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in a dormant state and in accordance with the appropriate requirements of subsection 13-8.4. The area between trees shall be planted with a minimum of three evergreen type shrubs.
4.
The depth of perpendicular or angled parking stalls, which abut a
landscaped dividing strip, shall be measured from a point two feet
outside the face of the curb for perpendicular spaces or angled spaces
greater than 60° and three feet outside the face of the curb for
60° angled spaces.
m.
Retaining Walls and Embankment Slopes.
1.
In the event that parking is proposed on a lot or site having a slope
greater than 10%, regardless of size, it shall be terraced, utilizing
retaining walls or properly reinforced embankment slopes and providing
for adequate safety, stability and drainage. At no time should an
embankment slope that is not reinforced, or any other earthen material
having a greater elevation than the adjacent parking area, have a
slope exceeding a ratio of three to one (3:1).
2.
When retaining walls, terraces, embankment slopes or similar types
of earthen retaining devices are necessitated adjacent to or within
the parking area, they shall be kept in good repair or otherwise maintained
so as to keep the parking area free of debris and dirt.
n.
Access to Adjoining Property. No unrestricted vehicular access shall
be permitted between adjacent properties. Vehicular access, if agreed
upon by the owners or possessors of adjacent properties, or if required
by the planning board, shall normally be limited to one opening providing
two lanes of traffic and shall be located in such a manner as to offer
continuity of a similar access drive on the adjacent property. The
opening shall occur at a point having the greatest distance from the
street line which would facilitate the joining of properties. Access
shall normally be denied across the remainder of the side lines by
construction of a landscaped dividing strip, five feet in width on
the property being developed. If and when the adjacent property is
developed, there shall be a similar dividing strip at least five feet
wide. All dividing strips shall be landscaped as provided in this
section. The planning board may also require that provision be made
for future connection to adjacent undeveloped properties.
o.
Minimum Off-Street Parking Spaces Required.
1.
Automotive Repair Garage or Body Shop: one parking space for each
400 square feet of gross floor area.
2.
Automotive Sales and Service: one parking space for each 400 square
feet of gross floor area shall be provided for customer and employee
parking. These areas shall be in addition to areas utilized for display
and storage of vehicles. Site plans shall specify which parking spaces
are designated for customers, employees, display and storage.
3.
Automotive Service Station: five parking spaces for each service
bay, exclusive of vehicle service area. In no instance shall there
be less than five off-street parking spaces.
4.
Banks, Savings and Loan Associations and Similar Financial Institutions:
one parking space for each 200 square feet of gross floor area.
5.
Bar, Cocktail Lounge, Nightclub, including Restaurants with Bars:
one parking space for each 50 square feet of gross floor area.
6.
Barber and Beauty Shop: three parking spaces for each chair (if known),
but not less than one parking space per 200 square feet of gross floor
area.
7.
Bowling Alley: five parking spaces for each alley. Other commercial
uses within the same building will be computed separately in accordance
with this subsection.
8.
Business Offices: one parking space for each 150 square feet of gross
floor area.
9.
Car Washes: five parking spaces for employees plus off-street storage
(stacking) space equal to at least five times the number of cars that
can be in the wash process at one time. For self-wash or self service
car washes, the requirement for employee parking shall be eliminated.
10.
Church, Temple or Chapel: one parking space for each four seats in
the main congregation seating area. Where no individual seats are
provided, 20 inches of bench shall be considered as one seat. Where
seats or benches are not provided or are provided only in a portion
of the main congregation seating area, one parking space for each
50 square feet of floor area within the main congregation seating
area.
11.
Community Center, Library, Museum, Art Gallery: one parking space
for each 200 square feet of gross floor area.
12.
Community Club, Private Club, Lodge: one parking space for each 100
square feet of gross floor area, plus 1 1/2 spaces for each boat
slip where applicable.
13.
Convalescent Home, Nursing Home, Rest Home: one parking space for
each two beds based on its licensed bed capacity.
14.
Meeting Rooms, Assembly or Exhibition Hall: one parking space for
each 50 square feet of gross floor area.
15.
Dwellings: One parking space for each single family dwelling. Two
parking spaces for each unit in multiple-family dwellings and two-family
dwellings.
16.
Dental or Medical Offices: one parking space for each 100 square
feet of gross floor area, except that if located within a building
housing three or more separate unassociated practitioners the requirement
shall be one parking space for each 150 square feet of gross floor
area.
17.
Drive-In Restaurant: one parking space for each 35 square feet of
gross floor area.
18.
Driving Range, Miniature Golf: one parking space for each tee or
hole.
19.
Farmers Market, Auction Market: one parking space for each 1,000
square feet of land area in the site.
20.
Furniture. Appliance Stores or Similar Types of Uses Requiring Large
Amounts of Storage: one parking space for each 400 square feet up
to 4,000 square feet, plus one parking space for each 800 square feet
of gross floor area above 4,000 square feet.
21.
Government Office: to be determined by the planning board, except
that governmental offices within privately owned buildings shall provide
a minimum of one parking space for each 150 square feet of gross floor
area.
22.
Hardware, Auto Supply Stores: one parking space for each 400 square
feet of gross floor area.
23.
Hospital (General, Mental, Sanitarium): one parking space for each
two beds based on its licensed capacity.
24.
Hotel, Motel: one parking space for each rental unit. Each commercial
use within the building shall be computed separately according to
the requirements for such use set forth herein. The planning board
may allow up to 50% of the required parking for commercial uses in
the hotel or motel to be satisfied by guest room parking.
25.
Laundromats or Similar Coin-operated Cleaning: one parking space
for each 200 square feet of gross floor area.
26.
Manufacturing or Industrial Establishment, Research or Testing Laboratory,
Bottling Plant or Similar Uses: One space per 1,000 square feet of
gross floor area.
27.
Marina, Boat Yard, Boat Sales: 1 1/2 parking spaces for each
boat slip. Where no boat slips exist, one space for each 300 square
feet of gross floor area.
28.
Mortuary, Funeral Home: one parking space for every 100 square feet
of gross floor area.
29.
Nursery School, Day Camp or Similar Uses: one parking space for each
500 square feet of gross floor area.
30.
Professional Offices: One space for each 250 square feet of gross
floor area.
31.
Public and Private Utilities, Electrical Substation, Gas Regulator,
Water Works, Pumping Station and Similar Facilities: to be determined
by the planning board based on the specific need of the use.
32.
Restaurant, Cafe, Diner: one parking space for each 50 square feet
of gross floor area.
33.
Recreation Facilities: those not specifically mentioned herein shall
be determined by the planning board.
34.
Retail Stores, Except Otherwise Specified: one parking space for
each 150 feet of gross floor area.
35.
Studio: art, music, dance, gymnastics and similar for the purpose
of giving instruction rather than shows or exhibitions: one parking
space for each 100 square feet of gross floor area.
36.
Schools:
(a)
Elementary: one parking space for each eight students based
on design capacity.
(b)
Middle or Junior High School: one space for each five students
based on design capacity.
(c)
High School: one space for each three students based on design
capacity.
(d)
College or University: one space for each 1 1/2 students
based on design capacity.
37.
Shopping Centers: six parking spaces for each 1,000 square feet of
gross floor area.
If more than 5% of the enclosed gross floor area of any shopping
center is occupied by malls, lobbies, corridors, heating plants or
other space not utilized for direct commercial purposes, which in
the opinion of the planning board will not generate a need for parking,
the planning board shall allow the parking required to be based on
the "gross leasable area" of the shopping center at the above rate.
The "gross leasable area," for the purposes of this chapter, shall
be defined as the total floor area designed for tenant occupancy and
exclusive use, including basements, mezzanines and upper floors.
38.
Theater: one parking space for each 35 square feet of gross floor
area.
39.
Veterinary Clinics or Hospitals or Animal Care Facilities: one parking
space for each 400 square feet of gross floor area.
40.
Warehouse, Wholesale, Machinery or Large Equipment Sales: one parking
space for each 1,500 square feet of gross floor area, plus one parking
space for each vehicle used in connection with the business.
p.
Criteria for Determining Required Parking Spaces. In computing the
number of the above required parking spaces, the following rules shall
govern:
1.
Where fractional spaces result, the required number shall be construed
to be the nearest whole number.
2.
The parking space requirements for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the planning board based upon that use enumerated herein
which is most similar to the proposed use. If there is no use enumerated
having sufficient similarity to the use proposed to enable the planning
board to establish rational parking requirements, the planning board
may, in its discretion, direct the applicant to furnish the planning
board with such data as may be necessary to enable the planning board
to establish rational parking requirements.
3.
Nothing in the above requirements shall be construed to prevent the
joint use of off-street parking facilities by two or more uses on
the same site, provided the total of such spaces shall not be less
than the sum of the requirements for various individual uses computed
separately by the above requirements.
4.
No part of off-street parking required by a structure or use shall
be included as part of an off-street parking requirement of another
use unless substantial proof and assurances are presented and it is
determined by the planning board that the use of this parking will
not be simultaneous.
b.
Lighting. All lighting fixtures for a private swimming pool shall
be installed so as to comply with all applicable safety regulations,
and shall be shielded so as to prevent any direct beam of light from
shining on any adjoining property.
c.
Electric Lines. No overhead electric lines shall be carried across
any swimming pool or wading area.
d.
Noise. No activities shall be conducted at any private swimming pool
which shall cause undue noise or constitute a nuisance to any neighbor.
e.
Building Permit. When an application is made for a permit to construct
and locate a private swimming pool, the applicant shall demonstrate
to the construction official the suitability and adequacy of design,
materials and construction or construction specifications of said
pool, including all accessory equipment, apparatus and appurtenances
thereto. The application for a private swimming pool building permit
shall identify the building lot, the location of the residence, location
of swimming pool, all accessory equipment and apparatus, type of pool,
all basic dimensions, location of steps, diving stands, boards and
location and detail specification of enclosure and gate on the lot.
f.
Pool Location. A wall of an outdoor private swimming pool shall not
be located less than six feet (1,829 mm) from any rear or side property
line or 10 feet (3,048 mm) from any street property line, nor closer
than six feet from the side or rear of the residence on a building
lot.
g.
Pump Location. The pump of a filtration or pumping station of a private
swimming pool shall be located not less than 10 feet from any side
or rear property line.
h.
Drainage. Private pools situated or extended above ground level and
less than 50 feet from an abutting property shall be surrounded by
a suitable drainage system so as to be able to carry away all the
water in the pool in the case of a break. No drainage shall be permitted
into a street.
i.
Enclosure.
1.
Permanent underground pools shall be surrounded entirely by a fence,
with no openings greater than a two inch square, and capable of holding
a live load of 250 pounds between posts located not more than eight
feet apart; however, side(s) of the residence may serve as part of
the enclosure. The fence shall be located not less than six feet from
the closest edge of the pool. Fences shall at least be four feet high
and if made of wire, they must be of the chain link type. All supporting
structures shall be on the inside of the fence, and the top of such
support shall be at least one inch lower than the top of the fence.
2.
Permanent above ground pools constructed with an attached fence being
at least four feet in height above ground level and capable of holding
a live load of 250 pounds between posts located not more than eight
feet apart needs no additional fencing.
3.
Temporary above ground pools, when not in use, must be emptied or
covered with a suitable protective covering, securely fastened or
locked in place unless enclosed by a fence meeting the requirements
for a permanent underground pool.
j.
Gate. Any opening or openings in the fence to afford entry to the
pool shall be equipped with a gate similar to the fence and shall
extend from not more than two inches above the ground to the height
of the fence. The gate shall be of a self-closing type, opening outwardly
only, and be equipped with a lock and key or padlock and chain, and
shall be kept locked, except when the pool is in use.
[Ord. No. 324, § 8.22]
a.
General Requirements. Roadways and all appurtenances, including subgrade,
subbase, base courses and pavements, shall be constructed in accordance
with the applicable requirements of the standard specifications as
modified herein. All subsurface utilities including service connections
(terminating at least two feet behind sidewalk) to each lot and all
storm drains shall be installed in all roadway areas prior to the
construction of final pavement surfaces.
b.
Type of Pavement. All roadways shall be constructed with either a
bituminous concrete flexible pavement structure or a portland cement
concrete rigid pavement structure. Only one type of pavement shall
be utilized throughout any development.
c.
Pavement Structure Design.
1.
The pavement structure design for each particular development utilizing
either a flexible or rigid pavement type shall be the responsibility
of the developer or his engineer. The pavement design shall be based
upon traffic loading projections and field sampling and laboratory
analysis of the subgrade soils to be encountered in roadway areas
in the development and shall follow current design recommendations
of the Asphalt Institute, the Portland Cement Concrete Association
or such other generally recognized standards as may be acceptable
to the borough engineer.
2.
As minimum requirements, rigid Portland cement paving shall be expansion
joint type paving utilizing joints similar to Type A expansion joints,
according to the Standard Construction details of the New Jersey Department
of Transportation, shall be reinforced, constructed with Class B air-entrained
concrete and shall have a minimum thickness of 6 1/2 inches for
local, local collector and minor collector streets and eight inches
for other classifications. Flexible bituminous concrete pavements
shall have an equivalent structural depth of at least 10 inches for
local, local collector and minor collector streets; having a minimum
wearing surface of not less than 1 1/2 inches of pavement, Type
FA-BC-1, and a minimum bituminous stabilized base course of not less
than 2 1/2 inches and a dense graded aggregate base course to
provide the remaining depth; and an equivalent structural depth of
at least 13 inches for other street classifications, having a minimum
wearing surface of not less than two inches of pavement, Type FA-BC-1;
a minimum bituminous stabilized base course of not less than three
inches, and a dense graded aggregate base to provide the remaining
depth. Bituminous stabilized base may be substituted for aggregate
base on a one to three (1:3) ratio (stabilized base to aggregate base)
all in accordance with the applicable requirements of the standard
specifications.
d.
Subgrades. All subgrade shall be prepared in accordance with the
applicable requirements of the standard specifications for bituminous
concrete and reinforced concrete pavements. Prior to the construction
of any subbase, base or pavement course, all soft or unyielding portions
of the subgrade which do not attain the required stability will be
removed and replaced with the suitable material, and the whole surface
of the subgrade shall be compacted. The provision of a uniform roadway
subgrade meeting the requirements of the standard specifications shall
be the full responsibility of the developer. In certain cases, special
treatment may be required because of the character or nature of the
subsoil. Such special treatment may include lime or cement stabilization,
wet excavation, or construction of underdrainage fields. Any proposal
by the developer to stabilize subgrade shall be subject to the approval
of the borough engineer.
e.
Subbase and/or Aggregate Base Courses. Where granular subbase courses
are included in the pavement design section proposed by the developer,
they shall be constructed in accordance with the applicable requirements
of the standard specifications. Bituminous concrete pavements (and
stabilized bases) may be constructed on subgrade without subbase or
aggregate base courses, provided that the subgrade can be satisfactorily
prepared as described. Dense graded aggregate base courses shall comply
with the requirements of the standard specifications for soil aggregate,
Type 5, Class A, or Type 2, Class A or B.
Portland cement concrete pavements must be constructed with
a minimum of six inches of a granular type subbase meeting the requirements
of the standard specifications for soil aggregate, Type 4, Class E.
Any subbase course of aggregate base course to be utilized with any
type of pavement shall have a minimum thickness of four inches.
f.
Bituminous Base Courses.
1.
Bituminous base courses for use with bituminous concrete pavements
shall consist of plant-mixed bituminous stabilized base course (stone
mix or gravel mix) in accordance with the requirements of the standard
specifications, except that the requirements for the construction
of the base course shall be amended to allow the laying of the base
course with a single lift maximum thickness not exceeding four inches.
2.
Prior to placement of any bituminous stabilized base course, the
finished surface of any underlying subbase or aggregate base shall
receive a prime coat in accordance with the requirements of the standard
specifications.
g.
Bituminous Pavements. Bituminous pavements shall consist of a bituminous
concrete surface course Type FA-BC-1, in accordance with the requirements
of the standard specifications. The bituminous pavement wearing surface
should generally not be installed until just prior to the time the
streets are prepared for final acceptance. Prior to the installation
of a bituminous concrete surface, the bituminous base course shall
be inspected by the borough engineer. Any areas of the base course
in need of repair shall be removed and replaced at the direction of
the borough engineer. If the borough engineer directs, a leveling
course of FA-BC material shall be placed on any uneven or below grade
base courses prior to the placement of finished pavement. No pavement
surfaces shall be placed unless permission to do so has been granted
by the borough engineer.
h.
Concrete Pavements. Concrete pavements shall be constructed in accordance
with the requirements of the standard specifications. Expansion joints
shall be New Jersey State Department of Transportation Type A Expansion
Joints. The developer may submit, at the time of the submission of
the preliminary plat, an alternate expansion joint detail. The use
of such an alternate detail must be recommended by the borough engineer
and approved by the planning board. Where existing concrete roadways
are being widened as the result of the development of abutting properties,
the widened pavement shall be required to be of Portland cement concrete.
The remaining pavement in the development may, if the subdivider elects,
be bituminous concrete. This will be an exception to the requirements
that all pavement constructed within a development be of one type.
i.
Alternate Pavement Types. In areas where alternate pavement types
are proposed or desired either for decorative purposes, because of
physical restrictions or existing conditions, or because of limitations
or shortages in certain types of construction materials, a detail
of the type and/or location of alternate pavement types proposed shall
be submitted for approval with the preliminary and/or final plat.
The use of alternate pavement types may only be permitted if the applicant
submits for review and approval details and specifications concerning
the equipment, materials and methods proposed for use, and if the
borough engineer has inspected the installation of, and tested and
approved a suitable sample section of such pavement. In the event
the borough engineer does not approve the sample section of pavement,
the developer shall remove the same section and replace it with a
type of pavement permitted by this chapter or such other alternate
as may be approved by the planning board.
[Ord. No. 324, § 8.23; Ord. No. 2016-244 § 6]
a.
When the effective operation of a building or structure, or equipment
within a building or structure, necessitates placing machinery, motors,
generators or similar devices for cooling, heating or generating purposes,
outside or on top of any structure, they shall be screened from public
view. Said screening may consist of the following:
1.
Densely planted evergreen shrubs, which shall grow to not less than
five feet after one growing season, and
2.
A solid and uniform fence at least five feet in height on four sides
of said equipment, or
3.
A masonry wall at least five feet in height on four sides of said
equipment, or
4.
Extensions of parapet walls or mansard roof lines or structural or
ornamental screens or baffles, or
5.
Any similar type of solid or uniform screening, which will prevent
exposure of such equipment to public view.
b.
The above requirements shall not be construed to prevent an opening
in any required screening for maintenance purposes. However, any such
opening shall be made as inconspicuous as is possible so as not to
present any unsightly display of said equipment to public view.
c.
Every effort should be taken to place air conditioning (AC) equipment
of new single family residences to the rear of the principal structure
and under elevated structures.
[Ord. No. 324, § 8.24]
a.
The design and construction or approval of all public systems for
extensions of existing system(s), either publicly or privately owned,
shall be under the jurisdiction of the Northeast Monmouth Regional
Sewerage Authority.
b.
Prior to the approval of any final plat, the full approval of any
sewage disposal system must have been obtained from the Northeast
Monmouth Regional Sewerage Authority and filed with the planning board,
or the final approval will be conditioned upon full approval of the
Northeast Monmouth Regional Sewerage Authority.
a.
General Requirements.
1.
Sidewalks shall be constructed on both sides of all streets within
a development and entirely around the perimeter of all cul-de-sacs.
Where the development abuts an existing street, the sidewalk shall
be constructed only on that side. Sidewalks shall also be constructed
at any other places, such as pedestrian walkways or access points
to open space, as shown or required at the approval of the final plat.
2.
The requirements of the standard specifications regarding curing
precautions must be strictly observed.
3.
Installation of sidewalks may be waived by the planning board or
board of adjustment. When sidewalk installation is waived, an in lieu
contribution to the borough's special Trust Account for Sidewalk Construction
is required. The board shall make one or more of the following findings
when waiving sidewalk installation:
(a)
The installation of sidewalks along the frontage of the property
involved, would have a detrimental impact and be out of character
with the area in question.
(b)
The street upon which the sidewalks would be installed does
not provide direct pedestrian access to a public facility such as
a school or an actively used park.
(c)
The road upon which the property fronts is unimproved.
(d)
In the case of an expansion or addition, the scope of the proposed
project is insignificant as compared to the overall existing development.
When contributions to the Trust Account for Sidewalk Construction
are required, the fee paid shall be paid prior to issuance of a certificate
of occupancy and shall be based upon the following:
|
Subdivision
|
$800/lot
|
|
Site plan
|
$3/lineal foot of frontage
|
|
Use variance or undersized lot variance
|
$800
|
(e)
In the case of a corner or through lot, if the board requires
sidewalk installation on only one street it shall not require an in-lieu
contribution for the other. In the case of applications which require
multiple approvals such as site plan and subdivision or use variance
and site plan, the applicant shall only be required to pay the greater
of the individual fee amounts.
b.
Location. Sidewalks within street rights-of-way shall generally be
located with the sidewalk edge farthest from the roadway placed one
foot from the property line. Sidewalks not within street rights-of-way
shall be located to provide for the most likely routes of pedestrian
travel. In cases where the topography dictates or a proposed development
provides for the extension of an existing street or abuts an existing
street, where sidewalks have already been installed in a location
other than as specified above or where such variations in sidewalk
locations are needed to preserve trees or natural features, the planning
board may approve alternate sidewalk locations in order to provide
for the preservation of physical features or the continuation of the
existing sidewalks.
c.
Sidewalk Construction. Sidewalks shall be four feet wide and four
inches thick, except crossing driveways, where the thickness shall
be increased to six inches for residential uses and all drives to
parking areas of less than 50 spaces and to eight inches for all other
uses. Where the planning board determines that a sidewalk may be subject
to unusually heavy pedestrian traffic it may require that its width
be increased (to a maximum of eight feet). All sidewalk construction
shall be in accordance with the applicable requirements of the standard
specifications. Concrete shall be Class C, air-entrained. Preformed
bituminous cellular joint fillers one-half inch thick shall be placed
at intervals not exceeding 20 feet. Dummy (formed) joints shall be
cut into the concrete sidewalk between the expansion joints at equal
intervals not exceeding the width of the sidewalk.
The sidewalk subgrade shall be compacted prior to the placement
of any sidewalk. Any unsuitable material encountered in the subgrade
shall be removed and replaced with suitable material acceptable to
the engineer. All six inch or eight inch sidewalk areas crossing driveways
shall be reinforced at the mid-point-or-one-third points, respectively,
of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212),
or an equivalent approved by the borough engineer.
d.
Apron Construction. Reinforced concrete aprons shall be constructed
at all driveways between the concrete curb (or combination curb and
gutter) and the concrete sidewalk. Such aprons shall be six inches
thick for residential uses and all drives to parking areas of less
than 50 spaces and to eight inches for all other uses and shall be
reinforced with welded wire fabric (66-1212), or an equivalent approved
by the borough engineer, located at the midpoint or one-third points,
respectively, of the apron section. Concrete shall be Class C, air-entrained.
The width of the apron at the curbline shall be not less than the
width of the driveway plus 10 feet or a minimum of 20 feet, whichever
is greater.
e.
Driveway Depressions. At each driveway without curb return radii,
the concrete curb or combination curb and gutter shall be depressed
to form a driveway opening. The depression shall be equal in length
to the width of the driveway plus 10 feet, but not less than 20 feet.
At driveways with curb return radii, the curb depression shall accommodate
the exterior limits of the radii. The depression shall be smoothly
formed to maintain a lowered curb face across the depression of at
least one inch, but not more than two inches. The bottom of the curb
shall be lowered to maintain full curb depth across the depression.
f.
Alternate Sidewalk or Apron Types and/or Locations. In areas where
alternate sidewalk or apron types and/or locations are proposed or
desired, either for decorative purposes or because of physical restrictions
or existing conditions, a detail of the type and/or location of sidewalk
and apron proposed shall be submitted for approval with the preliminary
and/or final plat.
Continuous slip-formed sidewalks may be permitted if such is
considered to be desirable by the borough engineer. The use of continuous
slip-formed sidewalks may only be permitted if the applicant submits,
for review and approval, details and specifications concerning the
equipment, materials and methods proposed for use; and if the borough
engineer has inspected the installation and tested and approved a
suitable sample section of such sidewalk. In the event the borough
engineer does not approve the sample section of continuous slip-formed
sidewalk, the developer shall remove the sample section and replace
it with a type of sidewalk permitted by this chapter or such other
alternate as may be approved by the planning board.
g.
Curb Ramps for the Physically Handicapped. Curb ramps for the physically
handicapped shall be constructed on all street curb returns and where
appropriate, in parking areas. In general, two curb ramps shall be
constructed at each corner (see Figure No. 7A). A single ramp at the
center of the corner is acceptable when site conditions preclude the
use of the two ramp system (see Figure No. 7B).[1]
Curb ramps for the physically handicapped shall be constructed
in accordance with the standards shown on Figures No. 7A and 7B. If
there is a grass or landscaped area between the curb and the sidewalk,
side ramps need not be provided. Curb ramps shall be provided at all
four corners of full intersections and at the two corners plus a location
across the street from both of the ramps at "T" intersections.
The developer shall submit a detailed intersection grading plan
for approval of the borough engineer prior to installation of the
curbs, sidewalks and curb ramps at the intersection.
Curb ramps shall be constructed with a rough broom finish in
accordance with New Jersey Department of Transportation specifications
and shall be flush with the street pavement at the gutter line.
[1]
Figures 7A and 7B referenced herein are included as an attachment to this chapter.
a.
General Provisions.
1.
All signs shall conform to the structural requirements of the New
Jersey Uniform Construction Code as adopted by the borough.
2.
All signs to be erected, inscribed, installed, replaced or altered
shall require a sign permit except permitted signs for private residences,
permitted window signs and temporary signs, and name plate signs not
exceeding two square feet in size. Application for such sign permit
shall be made in the same manner as applications for building permits
for the erection or construction of buildings.
3.
The maximum height for free standing or projecting signs, unless
otherwise provided, shall not exceed 12 feet above ground level.
4.
All signs shall be located within the building line of the property,
unless otherwise specifically provided. Freestanding signs shall be
securely anchored into the ground and shall be located no closer to
the edge of the paving of a street right-of-way than 10 feet, and
not located in any sight triangle; nor shall freestanding signs be
located any closer to a front yard lot line than the minimum front
yard setback for the principal building, but in any event no closer
to the paving of a street right-of-way than 10 feet.
5.
No permanent marquees or canopies shall extend over a required front
yard or over a public walk.
6.
Official signs erected by the borough, county, state or federal government
shall be permitted in all districts.
7.
One free standing sign for identification shall be permitted for
schools, churches, hospitals or similar institutions, and for permitted
clubs and lodges, provided that the area shall not exceed 25 square
feet on each side, or wall signs may be erected not to exceed 25 square
feet in total area.
8.
Flood lights shall not be located more than 12 feet above ground
level and shall be so placed and shielded as to prevent any glare
or blinding effect upon any lane of moving traffic.
9.
No sign shall be located in such a manner as to materially impede
the view of any street or intersection.
10.
No signs except window or special event signs shall be placed on
private or public property except for the purpose of identifying a
use or uses actually conducted upon the premises upon which such signs
are erected and for no other purpose.
11.
Signs placed in windows are permitted subject to the following provisions.
Except for "For Rent" and "For Sale" signs, any temporary sign or
other advertising material glued or otherwise attached to a window
or otherwise exposed to public view shall be removed at the expiration
of the event of sale for which it was erected or posted, whichever
shall have occurred sooner.
Not more than 20% of the square footage of any single window
or single window display area shall be devoted to signs or other advertising
material attached thereto or otherwise exposed to public view.
12.
The bottom of all projecting signs must be at least eight feet above
ground level, but shall not be above the first floor ceiling line.
The top of projecting signs shall not extend above the eaves of the
roof. Projecting signs shall be at right angles to the building and
the outermost point of the sign shall not be more than five feet from
the side of the building.
13.
No signs shall be placed upon or affixed to any roof nor shall any
sign extend above the parapet adjoining the roof.
b.
Maintenance. If the construction official shall find that any sign
is unsafe, insecure or in need of repair, or is not maintained in
proper painted condition, the construction official shall give written
notice to the permittee thereof. If the permittee fails to repair
or remove it within 30 days after the notice, the sign may be removed
in order to comply, by the construction official at the expense of
the permittee or owner of property on which it is located.
c.
Prohibited Signs.
1.
No rotating beam of flashing illumination shall be used in connection
with any sign.
2.
Signs with any lighting or control mechanism which may cause radio
or television interference.
3.
Any sign so erected, constructed or maintained as to obstruct or
be attached to any fire escape, door or opening used as means of egress
or ingress, or for fire fighting purposes, or placed so as to interfere
with any opening for ventilation required by law.
4.
Signs utilizing the colors red or green in their illuminations when
the signs are placed within 50 feet of a street intersection.
5.
Any sign which is of such a form, character or shape as to confuse
or dangerously distract the attention of a motor vehicle.
6.
Any advertisement that uses a series of two or more signs or units,
placed in a line parallel to the street, or in similar fashion, all
carrying a single advertising message, part of which is contained
on each sign.
7.
Signs which in any way simulate official, directional or warning
signs erected or maintained by the state, county or the borough, or
by any railroad, or public utility or similar agency concerned with
the protection of the public health or safety.
8.
Pennants, multi-color streamers or banners or trading stamps, except
during a 10 days' period following the commencement of business by
a new owner or tenant.
9.
Signs which rotate or move or which have rotating or moving parts.
10.
Signs which are above the parapet of a building.
11.
Signs which are attached to utility poles or trees.
12.
Signs which advertise that real estate has been sold or rented.
13.
Signs employing mercury vapor, low pressure and high-pressure sodium
and metal halide lighting.
14.
Backlit or internally illuminated signs in the B-1 district.
15.
Florescent signs.
16.
Neon signs or lighting.
17.
Marquee signs, except for uses that typically utilize such signs.
18.
Signs on roofs, dormers or balconies.
19.
Billboards, billboard signs or outdoor advertising signs.
20.
Signs mounted upon the exterior side or rear walls of any building
or structure, except as otherwise permitted hereafter.
21.
Changeable message signs.
22.
Signs on vehicles. It shall be unlawful to use a vehicle or a trailer
as a sign in circumvention of this section.
23.
Signs erected, painted or composed of fluorescent, phosphorescent
or similar material.
24.
Banners, string of banners and pinwheels, strings or streamers of
flags, pennants, spinners or other similar devices strung across,
upon, over or along any premises or building, whether part of a sign
or not.
25.
Balloons and inflatable signs.
26.
Sandwich board signs, except as permitted herein.
27.
Signs painted on the exterior walls or facade of a building.
28.
Signs on accessory buildings or structures.
29.
The posting, erection or maintenance of signs on public utility poles.
d.
Permitted Signs in Residential Zones.
1.
Signs to identify a permitted professional use or the occupant of
a residence, and trespassing signs, or signs indicating the private
nature of a driveway or premises, provided that the area on one side
of any such sign shall not exceed two feet, shall not exceed four
feet in height above ground level, shall not be artificially lighted
and shall be situated within the property lines of the premises it
identifies.
2.
One nonilluminated temporary sign advertising the prospective sale
or rental of the premises upon which it is maintained, provided that
the area on one side of any such sign shall not exceed three square
feet, shall not exceed four feet in height above ground level and
that it shall be removed within 30 days after consummation of a lease
or sale transaction and further provided that the words "For Sale"
or "For Rent" or similar words must be the largest wording on the
sign.
3.
One free standing sign for each major subdivision, provided such
sign shall not exceed 20 square feet in area on each side and shall
not exceed eight feet in height. Any sign remaining in the area after
all work on the subdivision is completed shall not exceed four square
feet on each side and shall not exceed eight feet in height above
ground level.
4.
No more than one permanent sign per lot shall be permitted, unless
otherwise specified, for each use permitted in this zone.
5.
Apartments shall be allowed one sign identifying the apartment. Apartments
having access drives from more than one street shall be permitted
one sign per street. Such signs shall not exceed 50 square feet in
area.
6.
All other permitted uses may have one internally lighted or unlighted
sign not to exceed 20 square feet in area.
e.
Permitted Signs in Business Zones.
1.
Each commercial use may have a wall sign on the front of the building,
not exceeding a total of 10% of the front building face area, including
all doors and windows, but excluding the roof, and not exceeding 30
square feet in area.
2.
Each commercial use in the B-1 district may have either a wall-mounted
sign(s) as indicated in this subsection or one unlighted projecting
sign (not exceeding 18 inches by 30 inches) provided the following
standards are met:
(a)
The signboard does not exceed an area of nine square feet.
(b)
The distance from the ground to the lower edge of the signboard
shall be 10 feet or greater;
(c)
The height of the top edge of the signboard does not exceed
the height of the wall from which the sign projects, if attached to
a single story building, or the height of the sill or bottom of any
second story window, if attached to a multi-story building;
(d)
The distance from the building wall to the signboard does not
exceed 12 inches;
(e)
The width of the signboard does not exceed four feet;
(f)
The height of the lettering, numbers or graphics of the sign
does not exceed 10 inches; and
(g)
Projecting signs shall be limited to one sign per street address;
a projecting sign may advertise more than one establishment located
at the same street address, provided the sign does not exceed the
provisions of this subsection.
3.
The overall sign area of all signs shall not exceed 15% of the front
building face area, including all doors and windows:
4.
Where a commercial structure is located at the intersection of two
streets, or a street and a parking lot, an additional wall sign may
be erected or inscribed, upon the side wall, provided that such wall
sign does not exceed 5% of the face area of the front of the building.
5.
Where the rear of a commercial structure adjoins a parking area or
public access to a street, a wall sign not exceeding 10 square feet
may be erected or inscribed, provided total sign area of the premises
does not exceed 15%, of the building face area of the front of the
building. However, where a public entrance exists at the rear of a
commercial structure, a wall sign not exceeding two square feet and
stating the name of the premises only may be erected or inscribed,
which shall not be counted toward the 15% limitation imposed in this
subsection.
6.
One temporary sign advertising the sale or rental of real estate
on which it is located shall be permitted, provided that the area
on any one side of such sign shall not exceed an area of 25 square
feet.
7.
Directional signs may be permitted on the premises, however, no such
sign shall exceed six square feet in area.
8.
No free standing sign shall be erected, installed or maintained nearer
than 50 feet from the boundary of any residential zone unless such
free standing sign is of a size and type permissible in a residential
zone and unless the illumination, if any, of such sign is from within
and of such intensity and so directed as not to cause a nuisance to
adjacent residential property owners.
9.
Gasoline service stations may display the following signs:
(a)
One free standing or pylon sign advertising the name of the
station and for the principal products sold on the premises including
any special company or X-brand name insignia or emblem provided that
each such sign shall not exceed 35 square feet in area on a side and
shall be hung within the property line not less than 10 feet or more
than 20 feet above the ground.
(b)
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles providing that
the sign does not exceed seven square feet in area.
(c)
Directional signs or lettering displayed over individual entrance
doors or bays, consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty" or other words closely similar in import
provided that there shall be no more than one such sign over each
entrance or bay. The letters shall not exceed 12 inches in height,
and the total of each sign shall not exceed six square feet.
(d)
Customary lettering or other insignia which are a structural
part of a gasoline pump, consisting only of the brand name of a gasoline
sold, lead warning sign, a price indicator, and any other sign required
by law, and not exceeding a total of three square feet on each pump.
10.
A wall-mounted building directory sign, identifying the occupants
of a commercial building, including upper story commercial uses, shall
be permitted providing the following standards are met:
(a)
The sign is located next to the entrance:
(b)
The sign projects outward from the wall to which it is attached
no more than six inches;
(c)
The sign does not extend above the parapet, eave or building
facade;
(d)
The area of the signboard shall not exceed three square feet,
with each tenant limited to one square foot; and
(e)
Directory signs may be internally illuminated, and shall not
count toward the maximum number of signs permitted in business zones.
11.
Awning or canopy signs for ground floor uses only, provided that
the following standards are met:
(a)
Fixed awnings and canopies attached to buildings shall not extend
from the building more than 38 inches, nor shall be greater than 48
inches in height. Drop or retractable awnings shall not extend from
the building more than five feet. The lower edge of the curtain or
valance of any awning or canopy shall be no closer to the ground or
sidewalk than seven feet. No part of the iron or other supporting
framework shall be closer than seven feet six inches to the ground
or sidewalk, except for the posts supporting a canopy;
(b)
Lettering, numbers and graphics shall be located on the valance
only, shall not exceed four square feet in areas, and the height of
the lettering, numbers or graphics of the sign shall not exceed four
inches. Awning sign messages shall convey only the name of the establishment,
the street address and phone number. They may also include a logo
used by the establishment;
(c)
Only one awning or canopy per street address shall be used for
signage, except in the case of multiple street frontages, where one
awning sign per frontage shall be permitted.
12.
Restaurants and cafes, in addition to other signage shall be permitted
the following limited to one sign per business:
(a)
A wall-mounted display featuring the actual menu as used at
the dining table, to be contained within a shallow wood or metal case,
and clearly visible through a glass front. The display case shall
be attached to the building wall, next to the main entrance, at a
height of approximately five feet, shall not exceed a total area of
two square feet, and may be externally illuminated.
(b)
A sandwich board sign, as follows:
(1)
The area of the signboard, single-sided does not exceed six
square feet;
(2)
The signboard is constructed of wood, chalkboard, and/or finished
metal;
(3)
Letters are painted, vinyl die cut or handwritten;
(4)
The sign is located within four feet of the main entrance to
the business and its location does not interfere with pedestrian or
vehicular circulation;
(5)
The information displayed is limited to daily specials and hours
of operation; and
(6)
The sign is removed at the end of the business day.
13.
Each commercial establishment shall identify the number of its address
on a minimum of one sign facing each street or parking lot.
14.
Painted window or door signs, provided that the following standards
are met:
(a)
The sign does not exceed 10% of the window or door area or four
square feet, whichever is less:
(b)
The sign is silk screened or has seven year high performance
vinyl die cut graphics;
(c)
The height of the lettering, numbers or graphics of the sign
does not exceed four inches; and
(d)
Painted signs shall be limited to one sign per street address
painted on either a single window or a single door, but not on both.
A street address with more than one street frontage may have one painted
window sign per frontage.
f.
Special Events Signs.
1.
Civic groups or service organizations may erect a temporary sign
prior to a special event provided that permission is granted by the
borough council.
2.
Any business, industrial or professional user shall be allowed to erect advertising material which does not conform to the requirements of subsection 13-8.26 all; c8; and e1, e2, e3 and e4 for a continuous period not to exceed 14 days during each calendar year, which right shall be noncumulative. No borough approval of the temporary signs shall be required but each user shall give prior notice to the construction official as to the dates on which the temporary signs will be erected and removed.
g.
Political Signs — General Purpose. This paragraph is adopted
to provide the preservation of free speech and for the aesthetic concerns
of the community. The limitations as to size and number of signs are
made with the understanding and consideration of the density of development
in the borough, the relatively small setbacks of a great number of
preexisting structures in the borough to preclude signs from falling
or blowing onto streets, sidewalks or thoroughfares in order to prevent
litter and debris and to ban signs from being erected upon vacant
lots without the authorization of the owner or his agent.
1.
Political signs shall be defined as those signs advocating the adoption
or rejection of an issue, idea, program, reform or plan whether or
not formally placed on any ballot or the election or defeat of a candidate
or slate of candidates for any elective office, public or private.
They may be attached to the interior or exterior of a principal building
or freestanding only unless otherwise permitted by special permit.
2.
Political signs shall be permitted in all zones of the borough.
3.
Residential Zones.
(a)
Size. Political signs not exceeding two feet by four feet shall
be permitted for all single family residences which have a front yard
setback of 25 feet or less. Said signs may be increased by one square
foot for each 10 feet that said residence shall be set back beyond
25 feet. The height or the top of any freestanding sign shall not
exceed six feet above the ground level and said signs shall be securely
anchored.
(b)
Number. Each single family residence shall be limited to three
signs consisting of two faces, a front and a back.
(c)
Multi-family dwellings.
(1)
Multi-family dwellings are defined as those residential buildings
containing separate living units within the same building or group
of buildings and shall include, but not limited to two, three and
four family homes, apartments, tenements, boarding homes and nursing
homes.
(2)
Three political signs consisting of two faces, a front and back
not exceeding 22 inches by 28 inches shall be permitted for each family
occupying a unit within a multi-family dwelling. Said signs may be
increased by one square foot for each 10 feet said multi-family dwelling
is set back beyond 25 feet.
(3)
Family shall mean that person or group of persons legally occupying
a living unit in conformance with the applicable statutes, codes and
ordinances.
4.
Nonresidential Zones.
(a)
Political signs affixed to buildings in or upon windows of buildings
not exceeding a total of 5% of the front building face area including
all doors and windows, but excluding the roof, and not exceeding three
feet by five feet shall be permitted.
(b)
No freestanding political sign shall be permitted unless the
nonresidential property shall be set back at least 25 feet from the
street toward which the front or back of said sign faces, provided
that said sign shall be limited in size and number and prescribed
for residential zones.
5.
Maintenance. Political signs shall be maintained in good repair so
as to prevent litter and debris from accumulating on any property
in the borough.
6.
Preexisting Billboards. Notwithstanding the provisions contained
herein, political signs shall be permitted to be placed upon those
billboards which are in existence in the borough prior to the adoption
hereof, and owned by companies in the advertising business.
7.
Vacant Lots. Political signs shall not be placed upon vacant lots
without the owner or his agent first filing a notarized letter with
the code enforcement officer in which the owner of said property gives
written authorization to himself or his agent to place said sign thereon.
Said signs shall be limited in size and number as prescribed for residential
zones.
8.
Duration. All political signs relating to a specific issue, idea,
program, plan, reform, candidate or slate of candidates, which is
placed upon the ballot, whether public or private, shall be removed
from the property seven days after the election.
9.
Special Hardship. If the limitations on size and number of signs
make it impossible for a particular property owner or his agent to
erect a sign that is visible from the street due to the location of
fences, trees, shrubbery or other obstructions, said property owner
may apply to the code enforcement official for a hardship permit to
erect a sign. The code enforcement official shall visit the property
forthwith and issue a hardship permit to erect a sign in a size and
location that is both visible from the street and in substantial compliance
with as much of this section as practicable.
h.
Removal of Certain Signs.
1.
In the event a business ceases operation for a period of time in
excess of 60 days, the sign owner or lessee, or the property owner,
shall immediately remove any sign identifying or advertising said
business or any product sold thereby. Upon failure of the sign owner
or lessee, or property owner to comply with this section, the zoning
officer shall issue a written notice to the sign owner or any lessee
and to the property owner, which notice shall state that such sign
shall be removed within the following time period:
2.
If the sign owner or lessee, or property owner, fails to comply with
such written notice to remove, the zoning officer is hereby authorized
to cause removal of such sign, and any expenses incidental to such
removal shall be charged to owner of the property upon which the sign
is located and shall constitute a lien upon the property. For the
purpose of this section, the word "remove" shall mean:
i.
Sign Permit Exemptions. Exemptions shall not be construed as relieving
the owner of such signs from the responsibility of complying with
applicable provisions of this chapter. The exemption shall apply to
the requirement for sign permit only. No sign permits shall be required
for the following signs:
1.
Any public notice or warning required by a valid and applicable federal,
state, county or local law, regulation or ordinance.
2.
Any sign which is inside a building, not attached to a window or
door, and is not readable from a distance of more than three feet
beyond the lot line of the lot or parcel nearest to where such sign
is located.
3.
Holiday lights and decorations with no commercial message, excluding
holiday inflatable decorations, which shall require permission of
the borough council.
4.
Any sign indicating the name of a building and/or date of construction
and/or other incidental information about its construction, which
sign is cut into a masonry surface or made of bronze or similar permanent
material including historic tablets, cornerstones, memorial plaques
and emblems which do not exceed four square feet in area from a single
viewpoint.
5.
Traffic control signs on private property, the face of which meets
the Department of Transportation standard, and which contain no commercial
message of any sort.
6.
Flags of the United States, New Jersey, the Borough of Union Beach,
foreign nations having diplomatic relations with the United States,
other flags adopted or sanctioned by an elective legislative body
of competent jurisdiction and flags flown in conjunction with the
flag of the United States, provided that such a flag does not exceed
60 square feet in area and is not flown from a pole in excess of 40
feet in height. A flag's area shall be in reasonable proportion to
the length of the pole from which it is displayed. Not more than three
flags may be flown from any one pole. The statutory requirements associated
with flags and generally accepted standards of flag display etiquette
shall be observed.
7.
Signs or banners advertising public or quasi-public events that are
posted with the permission of the borough council or of any person
to whom the borough council has delegated this authority according
to guidelines set by the borough council.
8.
Pump-mounted fuel price informational signs subject to the following:
(a)
Only one fuel price informational sign shall be permitted per
fuel pump.
(b)
Fuel price informational signs shall be limited in size to an
area of 216 square inches in accordance with State and Federal regulations.
(c)
Each fuel price informational sign shall be affixed directly
and firmly to a fuel pump and shall be stationary.
(d)
Nothing herein shall be construed to prohibit the advertisement
of fuel prices on any other sign meeting the requirements of this
section.
9.
U.S. Postal regulation mailboxes.
j.
Permit Procedure.
1.
No sign except those exempted by paragraph I above shall be placed,
construed, or erected or modified unless a sign permit shall have
been obtained from the zoning officer and, where required by the New
Jersey Uniform Construction Code, a building permit shall have been
obtained from the construction official. Signs, which are not specifically
allowed by this subsection, shall be prohibited.
2.
A master signage plan shall accompany:
(a)
Any application for a sign permit, or
(b)
Any application for development filed with the planning board
or the zoning board of adjustment that involves installation or modification
of any sign.
(1)
The master signage plan shall
contain the following information for each existing and proposed sign:
[a]
Size (i.e. length, height, area, thickness, number
of faces).
[b]
Letter style and size.
[c]
Illumination.
[d]
Colors (i.e. letter, background, trim), including
PMS color samples.
[e]
Construction materials, structural integrity and
installation details.
[f]
Window size (if applicable).
[g]
Location (i.e. height above grade, distance from
roofline, building width, location from sides).
[h]
Enumeration of relevant requirements with proposed
conditions.
(2)
The applicant or a sign professional shall prepare the master
signage plan graphically depicting the sign. The master signage plan
application shall include a sketch or photograph showing the dimensions
of each facade, window and canopy of the building to which a sign
is to be attached, in sufficient detail to clearly indicate the location,
dimension and area of all existing and proposed permanent signs affixed
to the walls, windows and canopies of the building. These dimensions
shall either be shown on the sketch or photograph or on an attached
table. Samples of construction materials shall be submitted.
(3)
In the case of a freestanding sign, a plot plan of the lot shall
be required as part of the master signage plan, showing the location
of buildings, parking lots, driveways, landscaped areas and all other
existing and proposed signs.
(4)
Whenever a master signage plan is filed with the planning board
or the zoning board of adjustment, a plot plan as described in this
section shall be required for all applications, and all plans and
drawings which comprise a part of the master signage plan shall be
prepared by a licensed architect, engineer and/or land surveyor, as
appropriate.
(5)
The applicant shall provide any additional information that
may be deemed necessary to determine whether the signage plan complies
with the purpose of the sign regulations.
(6)
When the planning board or zoning board of adjustment as part
of a development application has approved installation or modification
of a sign, the construction official shall issue a sign permit only
if the proposed sign is consistent with the reviewing board's approval.
Solid wastes from all uses other than single or two family homes,
if stored outdoors, shall be placed in metal receptacles within a
screened refuse area subject to the following minimum standards:
a.
The screened refuse area shall not be located within any front yard
area.
b.
The refuse storage area shall be surrounded on three sides by a solid
uniform fence or wall not less than five feet nor more than eight
feet in height. Such fence shall be exempt from the provisions of
any ordinance of the borough regulating the height of fences and requiring
permits.
c.
A five foot minimum width landscaping area shall be provided along
the fence or wall enclosing the refuse storage area. The landscaping
to be provided shall be shown on the site plan submitted for planning
board approval.
d.
The opening in the enclosed refuse area should be located to minimize
the view of refuse from adjoining properties or public streets.
e.
If located within or adjacent to a parking area or access drive,
the enclosed refuse areas shall be separated from such parking area
or access drive by curbing.
f.
The enclosed refuse area shall not be located so as to interfere
with traffic circulation or the parking of vehicles.
g.
All refuse shall be deposited in containers maintained within the
refuse area. No containers shall be maintained anywhere on a site
except in a refuse area meeting these requirements.
h.
If outdoor storage of solid waste is not proposed, the site plan
submission shall detail the methods proposed for accommodating solid
waste within the structure. The planning board may require that a
suitable area be set aside, but not improved, for a future solid waste
storage area meeting these requirements even if indoor accommodations
for solid waste are proposed.
i.
The containers maintained in the refuse area must have lids, which
lids shall be kept closed except when refuse is being loaded or unloaded,
and which lids shall secure tightly onto the container without any
gaps providing access for rodents, insects and other vermin or animals.
a.
General Requirements. All storm drainage facilities shall be constructed
in accordance with the applicable requirements of the standard specifications.
The developer (or his engineer) shall submit complete calculations,
specifications, plans and details for all proposed storm drainage
facilities. Any field samples or laboratory tests required to document
the conclusions of such calculations shall be formed at the sole expense
of the developer.
b.
Storm Drain Pipe. All storm drain pipes shall be either slip joint
type reinforced concrete or, subject to the restrictions herein, fully
coated, invert paved, corrugated metal steel culvert pipe meeting
the requirements of the standard specifications and of a wall thickness
sufficient to meet the proposed conditions of service; but in any
event, no wall thickness less than Class 3, Wall B, for concrete pipe
or No. 14 gauge for corrugated metal steel pipe shall be allowed.
Generally, concrete pipe will be used except in areas of steep grades
or other restrictive physical conditions where corrugated metal or
other types of pipe may be permitted. No concrete pipe may be laid
on grades exceeding 10%. Concrete pipe below 30 inches (or equivalent)
in size will be jointed using a mortared joint in accordance with
the specifications. Concrete storm drain pipes, 30 inches or larger
in diameter, will be jointed using a preformed bituminous mastic pressure-type
joint sealer or rubber-ring-type or other equivalent approved joint.
All corrugated metal pipe shall be fully bituminous-coated with paved
invert and of a gauge meeting the requirements of the standard specifications
sufficient for the proposed service. Where conditions permit, corrugated
aluminum storm drains may be substituted for corrugated metal steel
storm drains where the same is otherwise permitted on the basis of
an equivalent three-edge bearing or crushed strength. Substitution
on an equivalent gauge basis will not be allowed. All storm drains
shall be tangent between inlets, manholes or other structures, except
that the use of fittings or factory curved or mitered pipe may be
allowed by the borough engineer when necessary to accommodate existing
geometry or utilities. Prior to laying any storm drains, the bottom
of all trenches shall be inspected by the borough engineer. Should
the engineer determine that the trench is unsuitable for the placement
of the pipe, the developer shall take all necessary action to remove
or eliminate any unsuitable conditions. These may include, but are
not limited to, excavation and backfilling with suitable material,
placement of bedding material, construction of pipe cradles or such
other action necessary to remove all unsuitable conditions. Proposed
storm drainage installations which do not conform to the above must
be fully detailed and approved as part of the final plat.
c.
Inlets and Manholes. Inlets and manholes shall be constructed where
required in accordance with the requirements of the standard specifications
and standard construction details.
d.
Headwalls. All pipe terminations shall be provided with poured concrete
headwalls, precast concrete end sections or corrugated metal end sections
in accordance with the approved final plat. Poured concrete headwalls
shall be wing-type headwalls with aprons in accordance with the standard
construction details.
e.
Inlet and Manhole Location.
1.
In continuous conduit runs, spacing between structures (inlets or
manholes) shall not exceed 600 feet.
2.
Structures (inlets or manholes) shall be located so as not to interfere
with primary routes of pedestrian travel or any proposed handicapped
ramp or similar facility.
3.
In general, surface flow length, for flows of four or more cubic
feet per second, on paved surfaces shall not exceed 750 feet, provided
that:
(a)
Gutter flow widths on local and local collector streets shall
not exceed 11 feet, or such narrower width as may be necessary to
provide a twelve-foot wide clear lane in the center of the roadway.
(b)
Gutter flow widths on minor collector streets shall not exceed
nine feet, or such narrower width as may be necessary to provide two
12 foot wide clear lanes in the center of the roadway.
(c)
Gutter flow widths on major collector streets without shoulders
shall not exceed five feet, or such narrower width as may be necessary
to provide four ten-foot wide clear lanes in the center of the roadway.
(d)
Gutter flow widths on minor and principal arterial streets and
major collector streets with shoulders shall be retained within the
shoulder areas.
(e)
Swale gutter flow widths in parking areas shall not exceed 12
feet.
4.
Maximum design capacities which may be used to determine actual inlet
location and spacing are:
|
Not in Sump Conditions
| |
|
Type B
|
4 cubic feet per second
|
|
Type E (in paved areas)
|
4 cubic feet per second
|
|
Type E (in yard areas)
|
1.5 cubic feet per second
|
|
In Sump Conditions
| |
|
To be individually designed
| |
5.
Only Type B inlets shall be used in curbed roadways or curbed access
or major circulation drives.
6.
Generally, sufficient inlets will be placed to eliminate any flow
exceeding two cubic feet per second across any intersections.
7.
Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches at any point calculated for the appropriate design storm in accordance with subsection 13-8.28h,1 and shall meet the criteria set forth in subsection 13-8.28h,11.
f.
Type of Inlets and Manholes. All curb inlets shall be New Jersey
Department of Transportation Standard Type B and all yard inlets shall
be Standard Type E; all manholes shall be New Jersey Department of
Transportation standard four-foot diameter, unless a larger diameter
is necessary. Casting heights on curb inlets shall be two inches greater
than the specified curb face, and the gutter shall be properly transitioned
approximately 10 feet on either side of the inlet.
g.
Open Channels.
1.
Open channels shall be designed to contain the required flow and
shall have a design velocity low enough, in the judgment of the borough
engineer, to prevent erosion. The minimum easement for open channel
sections shall be the maximum design top width of the channel section
segment plus 25 feet rounded to the next highest five-foot increment.
The excess easement area shall be provided offset to that side of
the channel most convenient for use by maintenance crews. The minimum
distance between the channel top edge and any easement line shall
be five feet. Excess velocity, if any, as determined by the borough
engineer, in open channels must be controlled by sod, rip-rap, paving,
ditch checks or other suitable methods. Changes of direction in open
channels must have a maximum radius of 800 feet or be adequately paved
or rip-rapped.
2.
Generally, unlined open channel cross-sections shall have side slopes
not steeper than four to one for channel depths of two feet or less
and not steeper than eight to one for channel depths of more than
two feet. Lined open channel side slopes shall not be steeper than
two to one.
3.
The bottoms of all unlined open channels and the channel side slopes,
to at least the design flow level, will be sodded with suitable coarse
grass sod.
4.
All unlined open channel side slopes above the design minimum flow
level will be topsoiled and seeded or otherwise suitably stabilized
in accordance with an approved soil disturbance permit.
5.
All unlined open channels which can be expected to have a base flow
of five cubic feet per second or more for at least two out of every
12 months will be provided with a low flow channel using gabions,
rip-rap, lining, one-third pipe sections or other arrangements approved
as part of the final plat submission.
h.
Minimum Basis for Calculations.
1.
Design Storm Frequency:
(a)
For closed conduits, five years; or if the above results in
a conduit size at least equivalent to a 21 inch reinforced concrete
pipe, then 10 years; or if the above results in a conduit size at
least equivalent to a 30 inch reinforced concrete pipe, then 25 years;
or if the above results in a conduit size at least equivalent to a
54 inch reinforced concrete pipe, then 50 years.
(b)
For open channels, 10 years; or if the tributary area exceeds
50 acres; then 25 years; or if the tributary area exceeds 250 acres,
then 50 years. The flooding limits for storms with a return period
of twice the design storm shall be determined for all open channels.
Such limits shall be the drainage or conservation easements delineated
on the plat.
(c)
For detention facilities, a 24 hour flood with a return period
not less than 50 years or, if the tributary area exceeds 50 acres,
then 100 years.
(d)
For retention facilities, double the capacity obtained by applying
the requirements for detention facilities.
(e)
For gutter flow calculations, 10 years for local, local collector
and minor collector streets, 25 years for major collectors and minor
arterials and 50 years for principal arterials.
2.
Runoff Calculations: Runoff determinations should be made using the
rational formula or, in unusual cases, other methods with the prior
approval of the planning board. Upstream areas should be considered
based on their full development potential according to current zoning
or the current use, whichever produces the greatest runoff. Runoff
coefficients used should generally fall in the following ranges:
|
Classification Fully Developed
|
Range of Coefficient
|
|---|---|
|
Public parks, open space and land conservation
|
0.15 - 0.30
|
|
Low density residential
|
0.30 - 0.45
|
|
Medium density residential
|
0.40 - 0.60
|
|
High density residential
|
0.55 - 0.70
|
|
Commercial and industrial
|
0.60 - 0.90
|
|
Pavements, roadways, shoulders
|
1.00
|
3.
Velocity Restriction:
(a)
In general, velocities in closed conduits at design flow should
be at least two feet per second, but not more than that velocity which
will cause erosion damage to the conduit. In general, velocities in
open channels at design flow shall not be less than one-half foot
per second and not greater than that velocity which will begin to
cause erosion or scouring of the channel. For unlined earth channels
the maximum velocity allowed will be two feet per second. For other
channels sufficient design data and soil tests to determine the character
of the channel shall be made by the developer and shall be made available
to the planning board at the time of drainage review.
(b)
At transitions between closed conduits and open channels or
different types of open channels suitable provisions must be made
to accommodate the velocity transitions. These provisions may include
rip-rapping, gabions, lining, aprons, chutes and checks, or others,
all suitably detailed and approved as part of the final plat submission.
For all flow of 40 cubic feet per second or more, tailwater depth
and velocity calculations shall be submitted.
4.
Design Formulas and Friction Factors: In general, the Manning formula
will be used by the planning board to review the adequacy of proposed
drainage facilities. Other formulas may be used in particular cases
with the previous agreement of the board. A friction factor (n) of
0.012 will be used for nonporous concrete pipe; a factor of 0.020
will be used for fully coated corrugated metal pipe with paved invert.
Commensurate factors will be used for other pipe type or shapes. A
friction factor (n) not less than 0.012 will be used for fully lined
concrete channels; a factor not less than 0.025 will be used for good
earth channels and a factor not less than 0.100 will be used for fair
to poor natural streams and water courses. Commensurate factors will
be used for other channel types.
5.
All drainage facilities carrying runoff from tributary areas larger
than 1/2 square mile must have the approval of the New Jersey Division
of Water Policy and Supply.
6.
All encroachments of natural waterways must be referred to the New
Jersey Division of Water Policy and Supply for approval in accordance
with statute. The state may retain jurisdiction in which case a permit
will be necessary as set forth above or may refer the matter to the
county engineer for review.
7.
All non-pipe culverts shall be designed for AASHO H20-44 loading.
All culverts of any type shall be carried to the roadway right-of-way
and shall terminate with headwalls or other approved end treatment.
All conduits terminating or beginning in open channels shall be provided
with headwalls or other appropriate end treatment.
8.
Guardrails and/or railings shall be placed at all drainage structures
where the interests of pedestrian or vehicular safety would dictate.
The planning board may require that any open channel, other than naturally
occurring streams, be fenced with chain link fencing 48 inches high
if the banks of the channel are steeper than one foot vertically for
every four feet horizontally and either the total depth of the channel
exceeds four feet, or the channel would be expected to have a depth
of flow greater than two feet more often than once every 10 years.
For maintenance purposes, gates may be required by the planning board
at approximately 100-foot intervals.
9.
Storm drainage systems shall be designed to include not only the
proper drainage of the actual area of the specific development and
the area tributary, but shall also include the disposal of the stormwater
runoff to an adequate outlet or other means of final disposal of the
stormwater, such as an ocean, river, running stream, lagoon or an
existing adequate storm sewer.
10.
The use of siltation and oil separation basins with controlled outflows
will be required to prevent pollution of waterways when discharge
is into a lagoon, bay or other standing body of water.
11.
Whenever sump conditions occur, an analysis shall be made of the
effect of the occurrence of a major storm having at least 100-year
return frequency. The effect of such storm and the flooding limits
anticipated shall be shown. Site design, grading and drainage, shall
anticipate such major storm and be so arranged so as to prevent damage
to existing or proposed structures or adjacent properties under such
conditions.
i.
Special Drainage Provisions.
1.
The existing system of natural drainage within each development shall
be preserved to the maximum extent possible. To this end, the board
may require the preservation of natural drainage swales, recharge
areas, wet weather ponds and similar features and may require suitable
drainage and conservation easements and possible increases in lot
size to allow usable lots with the preservation of such features.
2.
Subject to review and approval by the board, the design of the development
may be modified to take advantage of the natural drainage features
of the land. In such review, the board will use the following criteria:
(a)
The utlization of the natural drainage system to the fullest
extent possible.
(b)
The maintenance of the natural drainage system as much as possible
in its unimproved state.
(c)
When drainage channels are required, wide shallow swales with
natural vegetation will be preferred to other sections.
(d)
The construction of flow retarding devices, detention areas
and recharge berms to minimize runoff value increases.
(e)
Maintenance of the base flow in streams, reservoirs and ponds.
(f)
The reinforcement, improvement and/or extension of the natural
drainage system to such an extent as is necessary to eliminate flooding
and excess maintenance requirements.
3.
All developments or portions or total schemes of development which,
based upon the preliminary plat submission, total 15 or more acres
will be expected, to the extent that the board considers possible,
to limit the total stormwater runoff from the site after development
to not more than 115% of the runoff from the site in its undeveloped
state. The utilization of the provisions of this section to limit
such runoff are encouraged. However, the board may require the use
of reasonable artificial methods of detention and/or recharge if it
determines that natural provisions are not feasible. The board may
waive the provisions of this section if the nature of the development,
the character of adjacent previously developed areas or other factors
make the utilization of natural drainage features or runoff limiting
devices inadvisable or impractical.
a.
Street Extensions. The arrangement of streets within a development
shall provide for the extension and/or realignment of existing streets
except that local and local collector streets should only be extended
when such extension is necessary and the planning board concurs that
such extension will promote safety and conform to the street standards
contained elsewhere in this chapter.
b.
Street Widening. Where developments abut existing roadways, sufficient
right-of-way shall be reserved to provide the right-of-way width proposed
for the functional classification of the street in question.
c.
Design of Local Streets. Local streets shall be designed in accordance
with the schedule of street design standards and the following requirements:
1.
Local streets shall be arranged so that there exists a minimum possibility
of their use by traffic which does not have its origin or destination
at the lots to which the local streets provide access.
2.
Cul-de-sacs (dead end streets) should have a centerline length, from
the intersecting street centerline to the center point of the turnaround
of the cul-de-sac of not less than 100 feet nor longer than 1,200
feet, and should not provide access to more than 25 lots. They shall
provide an end turnaround with a pavement radius of not less than
40 feet and a property line radius of not less than 50 feet, which
shall have its center point at or to the left of the centerline of
the street, when viewed toward the closed end. In the event it is
contemplated that a dead end street shall be extended in the future,
a temporary turnaround, meeting the aforementioned design criteria,
shall be required.
3.
Loop streets should provide access to not more than 45 lots, except
that where access is provided by a combination of a short loop street
and cul-de-sacs, the maximum shall be 60 lots, provided that the length
of the loop street alone will not exceed 3,000 feet. Loop streets
shall have both of their termini located on the same street.
4.
P-loops, which are loop streets with a single access point, should
have an entrance not exceeding 700 feet in distance from the loop
intersection. There should also be provided an emergency vehicular
and pedestrian right-of-way of 15 feet minimum width from the loop
and providing access to a street which is not a part of the P-loop.
The loop of a P-loop should have a street length not exceeding 3,000
feet. P-loops should provide access to no more than 60 lots and the
entrance street should be designed in accordance with the design standards
for collector streets.
5.
Artificial modifications in street rights-of-way for the purpose
of increasing lot frontage shall be prohibited. Such prohibited modification
shall include, but not be limited to, widening the right-of-way of
a continuous street through the use of semicircular projections.
6.
Reduced Paving Width: When a cul-de-sac or loop street provides access
to 25 or fewer lots, the planning board may consider the use of reduced
paving width where, by reason of topography, physical features or
other conditions the reduced paving width would substantially reduce
disruption of the development's environment. In no case shall the
paving width of a two-way cul-de-sac or loop street be reduced to
less than 26 feet. The planning board may consider the use of one-way
loop streets with a minimum paving width of 22 feet. Such one-way
streets with reduced paving width are subject to the review and approval
of the Traffic Bureau of the New Jersey Department of Transportation.
Such review and approval must be obtained by the developer before
approval of a final plat will be granted.
d.
Classification of Streets. In any development it shall be the duty
of the planning board to approve classification of proposed streets
according to their use. In making its decisions, the planning board
shall refer to the master plan and shall consider conditions within
the development and the surrounding areas and shall use as a guide
the following street classifications and criteria.
1.
Local Street: A local street is a street serving only single-family
residences and where feasible should be either a cul-de-sac or a loop
street meeting the requirements set forth. A street which serves traffic
having origins and destinations other than within the lots which abut
the street shall not be considered a local street. The traffic normally
expected on a local street shall be 400 vehicles per day.
2.
Collector Streets: A collector street is generally a street gathering
traffic from local streets and feeding it into a system of arterial
highways. Even if laid out as a local street, a street should be considered
a collector street if it provides access or could provide access to
more than 150 lots, or would be utilized by traffic other than residential
in nature. Collector streets should generally be expected to carry
traffic volumes of approximately 3,000 vehicles per day. The design
speed of collector streets, for alignment and sight distance purposes,
should be 40 miles per hour.
3.
Arterial Highways: Arterials are any federal, state or county highway
or municipal street or road intended to carry traffic between other
arterials and from the borough to destinations outside the borough.
Arterial highways should have a design speed of 50 miles per hour
and should be designed to carry traffic exceeding 10,000 vehicles
per day.
4.
Classification Criteria: Street classifications will be approved
by the planning board in accordance with the foregoing definitions,
in accordance with the provisions of the master plan and official
map if such be adopted, in accordance with the provisions of applicable
county and state regulations or plans or, in the absence of specific
information from the above, in accordance with its own best judgment
concerning the use to which the various streets in any development
will be put.
e.
Lots Abutting Collector Streets and Arterial Highways. In any subdivision
abutting or being traversed by a collector street or arterial highway,
one of the following conditions shall be required by the board:
1.
A marginal street meeting the classifications for a local street
shall be provided along each collector, or arterial highway, and shall
be separated from the collector or arterial highway by a landscaped
strip at least 25 feet in width.
2.
The frontage of all lots abutting the collector or arterial highway
shall be reversed so that the lots will front on an internal local
street; a natural wooded or landscaped buffer strip at least 50 feet
in width will be provided on the abutting lots along the right-of-way
of the collector or arterial highway. The area of such buffer strip
shall not be considered part of the required minimum lot size.
3.
All lots abutting collector streets may, in lieu of the above, be
provided with suitable driveway turnarounds eliminating any necessity
for vehicles to back into the collector street.
4.
Other means of providing a satisfactory buffer separating through
and local traffic shall be provided as may be deemed proper by the
planning board.
5.
Dwellings on corner lots shall have their driveway access on the
roadway designed and intended to carry the lesser amount of traffic.
f.
Street Design Standards. Street design standards shall be appropriate
to the expected use of the street, soil, topographical and other physical
conditions and to the maintenance of the purposes of this chapter,
but shall not be less than those set forth in the schedule of street
design standards (Figure No. 9[1]).
[1]
Figure 9 is included as an attachment to this chapter.
g.
Street Intersections. Street intersections shall be designed according
to the following standards:
1.
No more than two streets shall cross the same point. Street intersections
shall be at right angles wherever possible, and intersections of less
than 70° (measured at the centerline of streets) shall not be
permitted.
2.
Streets should not enter the same side of local collector streets
at intervals of less than 500 feet, or arterials at intervals of less
than 1,200 feet. Streets which enter collectors or arterials from
opposite sides shall be directly opposite to each other or must be
separated by at least 300 feet between their centerlines measured
along the centerline of an intersected collector; or 500 feet along
the centerline of an arterial.
3.
Approaches of any collector or arterial street to any intersection
of another collector or arterial street shall be tangent or have a
centerline radius greater than 5,000 feet for at least 500 feet from
the intersection.
4.
Where a collector or arterial street intersects with a collector
or arterial street, the right-of-way of each collector shall be widened
by 10 feet (five feet for each side) for a distance of 300 feet in
all directions from the intersection of the centerlines and the right-of-way
of each arterial shall be widened by 20 feet (10 feet each side) for
500 feet in all directions from the intersection of the centerlines.
5.
Approaches of any local street to any other street shall:
h.
Street Layout.
1.
Curved local streets are preferred to discourage speed and monotony.
The maximum straight line distance should not exceed 1,000 feet.
2.
The planning board in all cases may require provisions for continuing
circulation patterns onto adjacent properties and, for this purpose,
may require the provision of stub streets abutting adjacent properties.
3.
Residential development areas containing more than 150 lots should
have two access points from collector streets or arterial highways.
i.
Street Names. Street names and development names shall not duplicate,
nearly duplicate or be phonetically similar to the names of any existing
streets or development in the borough or contiguous areas of other
communities. Any continuation of an existing street shall have the
same street name.
j.
Limit of Improvements. The developer shall complete all improvements
to the limits of the development, unless other provisions have been
made and approved by the planning board. In those instances where
completion of certain improvements would not be possible until the
development of adjacent land takes place, alternate temporary improvements
may be constructed subject to the approval of the planning board,
and cash or a certified check representing the difference between
the value of the temporary improvements and the required improvements
may be accepted by the borough council to be credited toward the completion
of such improvements at such time as the adjacent land develops.
k.
Streets Serving Other Than Single-Family Detached Homes. The right-of-way
width and other standards for internal roads and alleys in multi-family,
commercial and industrial developments shall be determined by the
board on an individual basis and shall in all cases be of sufficient
width and design to safely accommodate maximum traffic, parking and
loading needs, and maximum access for fire-fighting equipment and
shall generally conform to the requirements.
l.
Reserve Strips. There shall be no reserve strips or areas controlling
access to streets except where control and disposal of the land comprising
such strips or areas have been placed in the hands of the governing
body under conditions approved by the planning board.
Street lights shall be of a type approved by resolution of the
borough council and by the electric utility company serving the proposed
development, and located so as to provide a minimum lighting level
of 0.5 horizontal foot candle on all local and collector streets and
one horizontal foot candle on all arterial streets. The developer
shall pay the full cost for initial installation of any street lights.
After final acceptance, operation and maintenance costs shall be the
responsibility of the borough.
Street signs shall be of a type and size approved by resolution
of the borough council and shall be properly installed at each street
intersection. Street signs shall be placed, two per intersection,
on the near right hand corner as viewed from both directions on the
street which is expected to carry the greatest traffic through the
intersection. Mountings shall be in accordance with the standard procedures
of the borough or with requirements adopted by the borough council.
Street signs shall be placed before any certificate of occupancy for
houses on the subject street are issued.
The developer shall, prior to final acceptance, install all
traffic control devices required within any development or, with the
consent of the borough council, may pay to the borough treasurer a
nonrefundable sum, in cash or certified check, in the amount set by
the borough engineer equal to the cost of all necessary traffic control
devices not installed by the developer. Traffic control devices shall
include, but are not limited to, signs, traffic lines, lights, reflectors
and channelizing markers. The number, type, legend, placement and
size of all traffic control devices shall be in accordance with the
Manual on Uniform Traffic Control Devices by the United States Department
of Transportation and the requirements of municipal, county and state
regulations and shall be according to an approved plan submitted at
the time of final plat approval. Construction details of all proposed
traffic control devices shall be in accordance with standards prepared
by the borough engineer and approved by the borough council.
All utility lines and necessary appurtenances including, but
not limited to, electric transmission and electric, gas and water
distribution, communications, street lighting and cable television,
shall be installed underground within easements or dedicated public
rights-of-way. The developer shall arrange with the serving utility
for the underground installation of the utilities supply lines and
service connections in accordance with the provisions of the applicable
standard terms and conditions of its tariff as the same are then on
file with the State of New Jersey Board of Public Utility Commissioners
and shall submit to the planning board prior to the granting of approval
a written instrument from each serving utility which shall evidence
full compliance with the provisions of this section; provided, however,
that lots which abut existing easements or public rights-of-way where
overhead utility lines have theretofore been installed may be supplied
with service from such overhead lines if no new utility poles are
required. In any event, new building service connections for all multi-family
developments, and for any industrial, commercial or office development
containing a floor area of 10,000 square feet or more, shall be installed
underground. All other new building service connections shall also
be installed underground unless specific waiver is granted by the
planning board. Wherever the utility is not installed in the public
right-of-way, an appropriate utility easement not less than 25 feet
in width shall be provided.
The design and construction approval of all public and individual
water supply systems (or extensions of existing systems) shall be
under the jurisdiction of the owner of the utility or the borough
board of health (and the State of New Jersey), respectively. Prior
to the approval of any final plat, the full approval of any public
water system must have been obtained from the appropriate agency and
filed with the planning board, or the final approval will be conditioned
upon full approval from the appropriate agency.
[Added 8-18-2022 by Ord.
No. 2022-318]
a.
Purpose.
1.
The purpose of this subsection is to promote and encourage the use
of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(a)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(b)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(c)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(d)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the Act and
the regulations. See State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial
grade electrical outlets that allow for faster recharging of electric
vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast-charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct-current fast chargers. Make-ready includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a plug-and-play basis. "Make-ready" is synonymous with the term "charger
ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
1.
PRIVATE EVSE — EVSE that has restricted access to specific
users (e.g., single- and two-family homes, executive parking fleet
parking with no access to the general public).
2.
PUBLICLY ACCESSIBLE EVSE — EVSE that is publicly available
(e.g., park and ride, public parking lots and garages, on-street parking,
shopping center parking, nonreserved parking in multifamily parking
lots, etc.).
c.
Approvals and permits.
1.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
3.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Administrative Officer, Construction Official, Zoning Officer
and/or Municipal Engineer shall enforce all signage and installation
requirements described in this subsection. Failure to meet the requirements
in this subsection shall be subject to the same enforcement and penalty
provisions as other violations of the Borough of Union Beach's land
use regulations.
5.
An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to Subsection c5 above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for new installation of EVSE and make-ready parking
spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces.
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces.
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection d1 above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this subsection, a retailer
that provides 25 or fewer off-street parking spaces or the developer
or owner of a single-family home shall not be required to provide
or install any electric vehicle supply equipment or make-ready parking
spaces.
e.
Minimum parking requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Subsection 13-8.20.
2.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
f.
Standards for all new EVSE and make-ready parking spaces.
1.
Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. Time limits, if any, shall be as set by resolution of the governing
body.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code under § 7-12. Signage indicating the penalties for violations shall comply with Subsection f5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection f5 below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Borough of Union Beach's
ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection f4(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Union Beach shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
5.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this subsection, allowing only charging electric
vehicles to park in such spaces. For purposes of this subsection,
"charging" means that an electric vehicle is parked at an EVSE and
is connected to the EVSE. If time limits or vehicle removal provisions
are to be enforced, regulatory signs, including parking restrictions,
shall be installed immediately adjacent to, and visible from the EVSE.
For private EVSE, installation of signs and sign text is at the discretion
of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection f5(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be as set by resolution of the governing body.
(b)
This fee may be amended by a resolution adopted by the governing
body.
(c)
Private EVSE. Nothing in this subsection shall be deemed to
preclude a private owner/designee of an EVSE from collecting a fee
for the use of the EVSE, in accordance with applicable state and federal
regulations. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space.
[Ord. #324; Ord. #670; Ord. #2006-81; Ord. #2009-150]
Recognizing that certain uses, activities and structures are
necessary to serve the needs and provide for the convenience of the
citizens of the borough and at the same time, appreciating the fact
that they or any one of them may be or may become inimical to the
public health, safety and general welfare of the community if located
without due consideration to the existing conditions and surroundings,
such uses are designated as conditional uses subject to the standards
and regulations hereby established. These standards and regulations
are intended to provide the planning board with a guide for reviewing
applications for conditional uses as provided for by this chapter.
As a result of the review procedure, the applicant may be required
to meet additional standards and regulations imposed by the planning
board during site plan review which are in keeping with and will further
the intent of these standards and regulations. Such standards and
regulations shall be provided for and maintained as a condition of
the establishment and maintenance of any use to which they are a condition
of approval. In acting upon an application for conditional use approval,
the planning board shall be guided by the following standards and
principles:
a.
The use for which an application is being made is specifically listed
as a conditional use within the zone where the property is located.
b.
The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to the following:
1.
The compatibility of the proposed use(s) and/or structure(s) within
the existing neighborhood.
2.
The potential effect that the proposed use(s) and/or structure(s)
will have upon property values.
3.
The adequacy of the proposed parking and traffic circulation for
the use(s) and/or structure(s) and the potential for traffic congestion
and/or the creation of undue traffic hazards.
4.
The need for such facility or use(s) to serve the area in which it
is to be located.
5.
The adequacy of proposed drainage facilities which will serve the
use(s) and/or the structure(s).
6.
The adequacy of plans for screening any adverse aspects of the use(s)
and/or structure(s) from adjoining properties.
7.
The adequacy of proposed outdoor lighting.
8.
Compliance with the standards, principles and objectives of the master
plan.
c.
All conditional uses shall also be required to obtain site plan approval,
unless otherwise specified in this chapter.
d.
Conditional uses shall adhere to the additional standards specified
for the particular use under this section except where no additional
standards are specified.
e.
No use specified within this section shall be considered a conditional
use unless it is specifically listed as a conditional use in the zone
district regulations.
Churches and places of worship may be permitted as a conditional
use in those zones specified provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
a.
The minimum lot area shall be two acres.
b.
The minimum lot width shall be 200 feet.
c.
No principal building shall be located closer than 50 feet to any
side or rear property line.
d.
No accessory building shall be located closer than 30 feet to any
side or rear residential property line.
e.
Maximum lot coverage - 15%.
f.
The height of structures to be constructed may exceed the maximum
height requirements of this chapter, provided, however, that the front,
rear and side yard requirements set forth above shall be increased
by two feet for each foot by which the height of the structure exceeds
the maximum height which would be otherwise permitted by this chapter,
and further provided that in no case shall any proposed structure
exceed 50 feet in height.
Public utility uses, such as water towers, pumping stations,
electric substations, radio towers, transmission lines, switching
stations, which must be provided above ground, may be permitted as
a conditional use in those zones specified provided that the use and/or
structures shall adhere to the minimum standards of the particular
zone and the following:
a.
A statement is submitted setting forth the reasons that the proposed
installation must be provided above ground in a specific location
and why it is necessary and convenient for the efficiency of the public
utility system or for the satisfactory and convenient provision of
service by the utility to the neighborhood or area in which the particular
use is to be located.
b.
The design of any building in connection with such facility conforms
to the general character of the area and will not adversely affect
the safe and comfortable enjoyment of property rights of the zone
in which it is located.
c.
Adequate and attractive fences and other safety devices will be provided.
d.
Sufficient landscaping including shrubs, trees and lawn are provided
and will be periodically maintained.
e.
The public utility use and lot meet all the applicable minimum requirements
of the district in which it is located, except that it need not have
the minimum required lot area.
Home professional offices may be permitted as a conditional
use in those zones specified provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
a.
Not more than one professional and one professional only, without
associates or partners, may utilize the office, except that one additional
professional may be permitted, provided that both professionals are
members of the same immediate family which includes parent, children
and spouses only.
b.
Not more than two persons may be employed as office personnel.
c.
The portion of the dwelling devoted to professional office use shall
not exceed 30% of the total floor area of the dwelling.
Marinas may be permitted as a conditional use in those zones
specified provided that the use and/or structures shall adhere to
the minimum standards of the particular zone and the following:
a.
No principal or accessory building shall be located closer than 50
feet to any street line or 25 feet to other property lines, except
that buildings for boat repair or maintenance shall not be located
closer than 50 feet to any property line.
b.
Boats shall not be stored or displayed closer than 35 feet to any
street line or 20 feet to any other property line.
c.
No railway or other launching facility shall be located closer than
20 feet to any property line.
d.
Adequate utilities shall be supplied to each boat slip including
electricity, lighting and water supply.
Drive-in restaurants may be permitted as a conditional use in
those zones specified provided that the use and/or structures shall
adhere to the minimum standards of the particular zone and the following:
a.
The minimum lot area shall be one acre.
b.
The minimum lot frontage shall be 150 feet.
c.
The maximum lot coverage shall be 15%.
d.
The minimum unoccupied open space shall be 20% of the lot.
e.
The applicant shall demonstrate that trash will be adequately disposed
of and that the drive-in use shall not become a public nuisance.
Hotels and motels may be permitted as a conditional use in those
zones specified provided that the use and/or structures shall adhere
to the minimum standards of the particular zone and the following:
a.
Minimum lot area - one acre.
b.
Minimum lot area per unit - 1,500 square feet.
c.
Efficiency apartments may be permitted by the planning board provided
the applicant satisfactorily demonstrates that they will be utilized
primarily for transients.
d.
Maximum lot coverage - 20%.
e.
Minimum unoccupied open space - 20%.
f.
No building shall be located closer than 50 feet to any property
line.
g.
Minimum number of units - 20.
h.
No accessory building or parking area shall be located closer than
20 feet to a residential property line.
Shopping centers may be permitted as a conditional use in those
zones specified provided that the use and/or structures shall adhere
to the minimum standards of the particular zone and the following:
a.
Minimum lot area - five acres.
b.
Minimum front yard setback - 100 feet.
c.
Minimum side and rear yard setback - 75 feet.
d.
No accessory structure or parking area may be located closer than
50 feet to a residential property line.
e.
Maximum lot coverage - 20%.
f.
Minimum unoccupied open space - 20%.
g.
If located within the regional commercial zone, every store, unit
or proprietorship within a shopping center shall, in addition to any
frontage on or access to and from any aisle or parking area, have
frontage on the access to and from a central, landscaped pedestrian
walk or passageway, having a minimum width of 25 feet, either open
or fully or partially enveloped.
Motor vehicle service stations may be permitted as a conditional
use in those zones specified provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
a.
The site plan shall show the number and location of fuel tanks to
be installed, the dimensions and capacity of each storage tank, the
depth the tanks will be placed below the ground, the number and location
of pumps to be installed, the type of structure and accessory buildings
to be constructed, and the number of automobiles which are to be garaged.
b.
Motor vehicle service stations shall have a lot area of not less
than 20,000 square feet with a minimum frontage of 125 feet on one
street. If the lot requirements for the zone are greater, they shall
take precedent.
c.
No motor vehicle service station shall be located within 500 feet
of any public entrance to a church, school, library, hospital, fire
station, park, playground, charitable institution, or place of public
assemblage. The distance shall be measured in a straight line along
the centerline of streets forming the shortest route from a point
opposite the nearest boundary from said public entrance to a point
opposite the nearest boundary of the service station lot.
d.
All fuel pumps shall be located at least 35 feet from all street
lines and property lines.
e.
No vehicle shall be permitted to be standing or parked on the premises
of a motor vehicle service station other than those used by the employees
in the indirect or direct operation of the establishment, except for
the following: no more than five during working hours and no more
than three overnight. Overnight outdoor storage of more than three
vehicles shall be prohibited.
f.
All fuel tanks shall be installed underground.
g.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
h.
Any repair of motor vehicles shall be performed in a fully enclosed
building. No parts or partially dismantled motor vehicle may be stored
out-of-doors.
i.
Coin operated service stations are not permitted.
j.
No auto body work shall be permitted.
k.
Illumination shall be such that no direct glare from the lights shall
fall upon adjoining streets or properties.
l.
Sale of new or used cars is prohibited.
m.
Accessory goods for sale may be displayed on the pump islands and
the building island only. The outside storage of oil cans and/or anti-freeze
and similar products may be displayed on the respective islands, if
provided for in a suitable metal stand or rack.
n.
The maximum lot coverage shall be 10% of the lot area.
o.
The minimum unoccupied open space shall be 30% of the lot area.
Motor vehicle repair garages may be permitted as a conditional
use in those zones specified provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
a.
Motor vehicle repair garages shall have a lot area of not less than
20,000 square feet with a minimum frontage of 125 feet on one street.
If the lot requirements for the zone are greater, they shall take
precedent.
b.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
c.
Any repair of motor vehicles shall be performed in a fully enclosed
building.
d.
All motor vehicles awaiting repair or under repair which are stored
out-of-doors shall be screened from public by a solid fence and/or
evergreen plantings as required by the planning board.
e.
No motor vehicle awaiting repair or under repair may be stored out-of-doors
within the required front yard area; within 20 feet of any side or
rear lot line; or within 50 feet of any adjoining lot within a residential
zone.
f.
No motor vehicle repair garage shall be located within 500 feet of
any public entrance to a church, school, library, hospital, fire station,
park, playground, charitable institution, or place of public assemblage.
The distance shall be measured in a straight line along the centerline
of streets forming the shortest route from a point opposite the nearest
boundary from said public entrance to a point opposite the nearest
boundary of the repair garage lot.
g.
If gas pumps are proposed, subsection 13-9.9a,d, and f, referring to "Motor Vehicle Service Stations," shall also be applicable to "Motor Vehicle Repair Garages."
h.
The maximum lot coverage shall be 20% of the lot area.
i.
The minimum unoccupied open space shall be 30% of the lot area.
Quasi-public or private club buildings and recreation areas,
including club houses, parks, playgrounds, golf courses, tennis courts,
swimming pools, boat slips, docks and other such activities may be
permitted as a conditional use in those zones specified provided that
the use and/or structures shall adhere to the minimum standards of
the particular zone and the following:
b.
Minimum lot area: five acres.
c.
Maximum lot coverage by buildings and structures (including swimming
pools): 20% of the lot area.
d.
Minimum unoccupied open space: 25%.
e.
No building, structure, recreation area or parking area shall be
located closer than 50 feet to a residential property line.
f.
The maximum membership limit of said organization shall be fixed
at the time of application and shall be commensurate with the amount
of land to be used and the exact nature of the use. No further expansion
of the membership shall be made unless additional land is acquired
and supplemental application is made to the planning board.
g.
Off-street parking requirements shall be determined by the planning board, except that where swimming pools are provided, the offstreet parking requirements shall be not less than the requirements under subsection 13-8.8c, plus such additional parking as may be deemed necessary by the planning board.
Commercial recreation and entertainment uses such as theaters
and drive-in theaters, bowling alleys, skating rinks, miniature golf
courses, driving ranges, restaurants, bars, eating and drinking establishments,
dance halls, amusement parks and commercial swimming pools, all of
which may be permitted to have nonlive and live entertainment including
entertainment provided by dancers employed by the owner, tenant or
patrons of the establishment, may be permitted as a conditional use
in those zones specified provided that the use and/or structures shall
adhere to the minimum standards of the particular zones and the following:
a.
No building, structure, active recreation area, or parking area shall
be located closer than 50 feet to any residential property line.
b.
Unless elsewhere specified in this chapter, off-street parking requirements
shall be determined by the planning board.
d.
Maximum lot coverage by buildings and structures (including swimming
pools): 20%.
e.
Minimum unoccupied open space: 20%.
Townhouses for the habitation of people at age 52 years or older
(children under 19 years may not be in permanent residence, defined
as seven consecutive days or 30 days in a year), as well as residential
communities which maintain a private age restriction mechanism, subject
to the same standards as apply to townhouses in the TH-2 Townhouse
Zone.
Multi-family dwellings may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and those additional standards established for multi-family dwellings under subsection 13-8.18.
[Ord. No. 708; Ord. No. 2005-55]
A semi-divided dwelling known as a "mother-daughter" dwelling,
may be permitted as a conditional use in residential zones. A semidivided
dwelling shall be a single family home containing two separate living
quarters. The two separate living quarters shall comply with the following
standards and specifications:
a.
There shall share a common entrance(s) and exit(s) which open into
a living room, family room, great room, kitchen or other living area
and not into an internal hall or foyer which has a door or doors separating
the main entrance to the accessory or secondary living quarters from
the main entrance to the primary living quarters;
b.
Each living quarters shall be connected and accessible to the other
at a point other than a common area such as a foyer, hallway or main
entrance;
c.
The two living quarters shall share one service for all utilities
(i.e., gas, electric, water, sewer), except telephone service, cable
television and other communication services;
d.
The accessory or secondary living quarters shall not include more
than four rooms consisting of one bedroom, one bedroom, one general
purpose room (designated as living, family, sitting or similar use
room) and a small combined kitchen and dining area;
e.
The accessory or secondary living quarters shall contain a total
gross habitable floor area equal to no more than 1/2 (50%) of the
total habitable floor area of the main living quarters or 33 1/3%)
of the total habitable floor area of the entire dwelling;
f.
The bedroom, the general purpose room, and the kitchen of the accessory
or secondary living quarters may be combined or separated by partitions
so long as the total number of rooms, exclusive of the bathroom, does
not exceed three;
g.
The accessory or secondary living quarters shall not have a second
bathroom, half bathroom, vanity, utility room or storage room.
[Ord. No. 2005-55]
Trailers, quonsets, campers and other temporary structures may
be permitted as a conditional use for a time period limited by either
this chapter or by resolution of the Planning Board.
[Added 6-17-2021 by Ord. No. 2021-302]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and
related supplies by a delivery service are prohibited in the Borough
of Union Beach.
[Ord. #324; Ord. #445; Ord. #556; Ord. #99-799; Ord. #2002-3;
Ord. #2002-6; Ord. #2005-55; Ord. 2006-81; Ord. #2009-150; Ord. #2009-133;
Ord. #2009-150]
[Ord. No. 324, § 10.1; Ord. No. 556, § II; Ord. No. 99-799, § 1; Ord. No. 2006-81; Ord. No. 2016-244]
For the purpose of this chapter, the Borough of Union Beach
is divided into the following zoning districts:
|
R-8
|
Residential
|
|
R-AC
|
Residential-Adult Community
|
|
TH-2
|
Townhouses
|
|
B-1
|
Neighborhood Commercial
|
|
B-2
|
Highway Business
|
|
B-3
|
Downtown Gateway Zone
[Ord. No. 2016-244 § 10] |
|
M-1
|
Light Industrial
|
|
M-2
|
Heavy Industrial
|
|
P
|
Public
|
|
CC
|
Corporate Campus
|
|
Waterfront Commercial
[Ord. No. 2016-244 § 12] | |
|
Department of Public Works Site Overlay District
[Ord. No. 2016-244 § 13] | |
|
Brook Avenue Redevelopment District
[Ord. No. 2016-244 § 14] | |
|
Conservation Zone
[Ord. No. 2016-244 § 16] | |
|
B-1A
|
Neighborhood Commercial
[Ord. No. 2016-244 § 18] |
[Ord. No. 324, § 10.2; Ord. No. 393, § 1; Ord. No. 445; Ord. No. 556, §§ III, V; Ord. No. 99-799, § 2; Ord. No. 2004-38; Ord. No. 2006-81; Ord. No. 2008-115; Ord.
No. 2016-244; amended 6-18-2020 by Ord. No. 2020-290][1]
The boundaries of all zoning districts set forth in this chapter
are shown on a map entitled "Zoning Map, Borough of Union Beach, Monmouth
County, New Jersey" dated May 24, 1979, and amended by Ordinance No.
393 dated 5-13-1982, Ordinance No. 445 dated 9-13-1984 and amended
by Ordinance No. 556 dated 4-28-1988 and Ordinance No. 99-799 dated
9-16-1999 and Ordinance No. 2004-38, dated April 15, 2004 and further
amended by Ordinance No. 2006-81, dated May 18, 2006, Ordinance No.
2008-115, dated March 20, 2008, Ordinance No. 2016-244, dated November
21, 2016, and Ordinance No. 2020-290, dated 6-18-2020.
[1]
Editor's Note: The Zoning Map referred to herein is included as an attachment to this chapter.
[Ord. No. 324, § 10.3; Ord. No. 2006-81]
Where uncertainty exists as to any of the boundaries as shown
on the map, the following rules shall apply:
a.
Zone boundary lines are intended to follow the centerline of streets,
railroad rights-of-way, streams, and lot or property lines as they
exist on plats of record at the time of the passage of this chapter,
unless such zone boundary lines are fixed by dimensions as shown on
the zoning map, and shall include contiguous riparian lands subsequently
acquired and/or filled, and lands acquired by accretion or stream
diversion by natural causes.
b.
Where such boundaries are not fixed by dimension and where they approximately
follow lot lines, and where they do not scale more than 10 feet distant
therefrom, such lot lines shall be construed to be such boundaries
unless specifically shown otherwise.
c.
In unsubdivided land and where a zone boundary divides a lot, the
location of such boundary unless the same is indicated by dimensions
shown on the map, shall be determined by the use of the scale appearing
therein.
d.
Except where riparian lands exist, zone boundary lines adjacent to
the Raritan Bay are intended to be drawn to the landward side of the
mean high water line.
[Ord. No. 556, § IV; Ord. No. 99-799, § 3; Ord. No. 2008-115]
Schedule "A" is hereby made a part of this chapter.
[Ord. #324, S10.4; Ord. #657; Ord. #96-748; Ord. #2001-831;
Ord. #2005-55; Ord. #2006-81; Ord. #2009-150, S3; Ord. #2010-162,
S3; Ord. #2014-200, S3; Ord. No. 2016-234 § 2; Ord. No. 2016-244 § 15]
a.
Permitted Uses.
1.
Single family dwellings.
2.
Federal, state, county and municipal buildings and grounds including
schools, parks and playgrounds, but not workshops, warehouses, garages
and storage yards.
3.
Private and parochial schools not operated for profit.
4.
Essential services.
5.
Community residences pursuant to N.J.S.A. 40:55D-66.1 of the Municipal
Land Use Law for the developmentally disabled, community shelters
for victims of domestic violence, community residences for the terminally
ill, community residences for persons with head injuries, and adult
family care homes for elderly persons and physically disabled adults
pursuant to the same standards as apply to single family dwellings.
6.
All of the standards and requirements of subsection 13-10.18, Brook Avenue Redevelopment District, shall be permitted, on an optional basis as overlay zoning for the following tax parcels as an integrated part of a redevelopment in the Brook Avenue Redevelopment District: Block 223 Lots 5, 6, 7, 9, and 10. The identified parcels adjoin the Brook Avenue Redevelopment District and have been specifically noted in the adopted Brook Avenue Redevelopment Plan to be allowed to utilize either the underlying R-8 Zone requirements or opt for the redevelopment district standards.
c.
Permitted Accessory Uses.
4.
Other customary accessory uses and buildings which are clearly incidental
to the principal use and building and do not include any activity
commonly conducted as a business.
5.
Family day care homes pursuant to N.J.S.A. 40:55D-66.5b of the Municipal
Land Use Law which are conducted in the private residence of a family
day care provider which is registered as a family day care home pursuant
to the "Family Day Care Provider Registration Act," N.J.S.A. 30:5B-16,
et seq.
d.
Conditional Uses: Subject to the provisions of section 13-9 of this chapter.
7.
Townhouse dwellings (subsection 13-9.13) limited to properties having frontage on the south side of Front Street, subject to the following regulations.
The regulations in this subsection shall apply in addition to those in subsection 13-8.18. Where there is a conflict between the regulations in this subsection and the regulations in subsection 13-8.18, the regulation in this subsection shall control.
8.
Personal wireless telecommunication facilities and equipment subject to the specifications, standards and regulations established in subsection 13-10.14.
The regulations in this subsection shall apply in addition to those in subsection 13-8.18. Where there is a conflict between the regulations in this subsection and the regulations in subsection 13-8.18, the regulations in this subject shall control.
9.
Temporary Uses and Structures: (subsection 13-9.16)
(a)
Trailers, quonsets, campers and other temporary structures may be placed on a lot, for a period not exceeding six months, after the dwelling on the lot has been rendered uninhabitable by wind, storm, fire, explosion or other destructive occurrence, or while a new single family dwelling is being constructed on the lot after the removal of a prior dwelling, for use as shelter or storage during which the main dwelling on the lot is being repaired, restored or constructed. This section shall not apply to the storage of recreational boats, trailers and campers which is regulated by subsection 13-5.21.
(b)
Two single family residences may be permitted on one lot, and relief granted from the provisions of subsection 13-5.9 of this chapter, for a period not exceeding six months to permit an applicant to reside in an existing single family dwelling while a new single family dwelling is being constructed on the lot, or upon a contiguous lot under the same ownership when either lot is nonconforming in any aspect, but at no time may both structures be used simultaneously or alternately as a dwelling, and upon the issuance of a certificate of occupancy for the new dwelling the old dwelling must be demolished and removed within one week of the issuance of the certificate of occupancy.
(c)
Upon the expiration of the six month duration of the variance
the applicant may apply for one extension not to exceed three months
in order to complete the repair or construction of the single family
dwelling.
(d)
If upon the expiration of the six month duration of the conditional
use and any extension the owner of the property has not removed the
temporary structure or the old dwelling the borough may remove it
and the cost of such removal shall become a lien against the property.
10.
Residential adult community single-family dwellings located on an
area greater than one acre and subject to the requirements for such
dwellings in the R-AC Zone.
f.
Single-Family Dwellings - Area, Yard and Building Requirements.
5.
Minimum front setback line: 20 feet.
8.
Maximum building height: 30 feet to the collar tie subject to the provisions of subsection 13-5.12. In any event, the building shall contain not more than two usable floor levels counted vertically at any point in the building above the grade as determined by the average grade elevations on the corners of the building. Building height for all structures located in the area of special flood hazard as set forth on the National Flood Insurance Rate Maps (FIRM) and/or Preliminary Flood Insurance Rate Maps (PFIRM) shall be measured from the base flood elevation, the advisory base flood elevations or preliminary base flood elevation, whichever is greater. Attic space shall be for storage only and shall not have stairs other than pull down staircases.
[Ord. No. 324, § 10.5; Ord. No. 2005-55; Ord.
No. 2006-81; Ord. No. 2009-150, § 3; Ord. No. 2016-244 § 8]
a.
Permitted Uses.
1.
The retail business establishments which are clearly of a neighborhood
service character, such as, but not limited to, the following:
(a)
Stores selling groceries, meats, baked goods, and other such
items.
(b)
Drug and pharmaceutical stores.
(c)
Dry goods stores.
(d)
Meat and poultry stores.
(e)
Baked goods stores.
(f)
Package liquor stores.
(g)
Flower shops.
(h)
Confectionery stores.
(i)
Hardware and household supply stores.
(j)
Stationery supplies, tobacco and periodical stores.
(k)
Haberdashery, dress goods and notions.
(l)
Hardware, plumbing supplies and electrical supplies.
(m)
Shops of artisans and craftsmen.
(n)
Gift shops.
(o)
Shoes and clothing shops.
3.
Business, professional, medical, governmental and educational offices
and services.
4.
Banks and financial institutions with a minimum lot area of 25,000
square feet. Drive-through facilities are not permitted.
5.
Restaurants, bars and other eating and drinking establishments, but
not including drive-in restaurants with a minimum lot area of 25,000
square feet. Drive-through food establishments are not permitted.
Outdoor seating is permitted.
6.
Federal, state, county and municipal buildings and grounds, parks
and playgrounds.
7.
Essential services.
8.
Single-family dwellings on lots currently used for single-family
residential dwellings, subject to the same regulations established
for the R-8 Residential Zone. These lots may be enlarged to the extent
necessary to bring them into greater conformity with the requirements
of the R-8 Residential District, but no new single-family dwelling
lots may be created in this district.
9.
Single-Family Dwellings. Townhouses and multi-family dwellings for
the habitation of people at age 52 years or older (children under
19 years may not be in permanent residence, defined as seven consecutive
days or 30 days in a year), as well as residential communities which
maintain a private age restriction mechanism, subject to the same
standards as apply to single-family dwellings in the R-AC Adult Community
Zone, and townhouses and multi-family dwellings in the TH-2 Townhouse
Zone.
10.
Child care centers pursuant to N.J.S.A. 40:55D-66.6 and N.J.S.A.
40:55D-66.7 of the Municipal Land Use Law which are required to be
licensed by the Department of Human Services pursuant to N.J.S.A.
30:5B-1, et seq.
11.
Educational facilities such as music schools, tutoring or special
training but not including private elementary schools.
12.
Apartments over ground level retail sales and services uses, subject
to the following standards:
(a)
Density: One dwelling unit per 8,000 square feet of lot area.
(b)
Each second story dwelling shall contain a minimum of 860 square
feet of gross floor area.
(c)
Site plan approval shall be required prior to the issuance of
any building permit to construct a second story dwelling.
(d)
Second story dwellings shall contain at least one bedroom as
a separate room and be limited to a maximum of two bedrooms.
(e)
Parking for Mixed-Use Buildings.
(1)
A minimum of 3.5 parking spaces for every 1,000 square feet
of gross commercial floor area shall be provided.
(2)
Parking for residential uses shall comply with Residential Site
Improvement Standards.
(3)
Shared Parking on Adjacent Parcels. When land uses on adjacent
parcels create shared parking areas with pedestrian and/or vehicular
circulation paths and access points that are under common ownership
or controlled by a reciprocal easement agreement, the collective parking
requirements for development on those properties may comply with the
standards set forth in paragraphs (1) and (2) above.
(f)
Shared Parking on Noncontiguous Parcels. Required parking for
mixed-used buildings may be supplied at a noncontiguous parcel, provided:
(1)
Parking is available within 1,000 feet of the mixed-use development:
(2)
Both the mixed-use development and the parking facility comply
with parking lot design standards;
(3)
Off-site parking spaces may not already be designated as required
parking for some other use.
(4)
Documentation conforming the ownership and/or management arrangement
for any shared parking arrangement shall be submitted prior to approval
by the Planning Board. Properties with extra parking retain expansion
rights equivalent to that number of extra spaces.
(5)
Provided a mixed-use building(s) complies with off-street parking
lot design standards, legal on-street parking along the tract's street
frontage may be counted toward the development's minimum parking requirements.
(6)
The minimum required number of parking spaces may be reduced
by 25% provided a mixed-use building is within 2,500 feet of a designated
transit stop.
[Ord. No. 324, § 10.6; Ord. No. 2005-55; Ord.
No. 2006-81; Ord. No. 2009-133; Ord. No. 2009-150, § 3; Ord. No. 2016-244 § 9]
a.
Permitted Uses. Uses within the following categories shall be permitted uses within the highway business zone unless otherwise specified in subsection 13-10.6d as a use requiring a conditional use approval.
1.
Retail and wholesale stores, shops and markets, provided that:
(a)
All goods or products fabricated or process incidental to such
use shall be sold on the premises or distributed from the premises.
(b)
Such fabricating or processing that is done on the premises
shall not include a processing activity which would involve a physical
or chemical process that would change the nature and/or character
of the product and/or raw material.
2.
Personal service establishments, such as, but not limited to, barbershops,
and beauty shops and tailoring and dressmaking shops.
3.
Business and professional offices and banks and fiduciary institutions.
4.
Restaurants, lunchrooms, bars and other eating and drinking establishments.
5.
(Reserved)
6.
Art, dancing, music, gymnastics and other similar instructional schools.
7.
Schools for vocational instruction.
8.
Scientific or research laboratories devoted to research, design and/or
experimentation, and processing and fabricating incidental thereto,
provided that no materials or finished products shall be manufactured,
processed or fabricated on the premises for sale, except such as are
incidental to the laboratory activities or are otherwise permitted
in this zone.
9.
Publication of newspapers and periodicals.
10.
The offices, showrooms, warehouses and garages of contractors in
the building trade.
11.
Federal, state, county and municipal buildings and grounds, but excluding
schools.
12.
Essential services.
13.
Child care centers pursuant to N.J.S.A. 40:55D-66.6 and N.J.S.A.
40:55D-66.7 of the Municipal Land Use law which are required to be
licensed by the Department of Human Services pursuant to N.J.S.A.
30:5B-1, et seq.
14.
Artisanal Manufacturing provided that:
(a)
Manufacture and production is performed by a manual worker or
craftsperson of commercial goods, such as jewelry, metalwork, cabinetry,
stained glass, textiles, ceramics, or hand-made food products.
(b)
Artisanal manufacturing may include a retail component.
(c)
Artisanal Manufacturing does not include any activity that causes
noise, odor, or vibration to be detectable on a neighboring property,
and is limited to 5,000 square feet of gross floor area.
15.
Microbreweries.
16.
Gas Stations.
17.
Apartments over ground level retail sales and services uses along
Union Avenue, subject to the following standards:
(a)
Density: One dwelling unit per 8,000 square feet of lot area.
(b)
Each second story dwelling shall contain a minimum of 860 square
feet of gross floor area.
(c)
Site plan approval shall be required prior to the issuance of
any building permit to construct a second story dwelling.
(d)
Second story dwellings shall contain at least one bedroom, as
a separate room, and be limited to a maximum of two bedrooms.
(e)
Parking for Mixed-Use Buildings.
(1)
A minimum of 3.5 parking spaces for every 1,000 square feet
of gross commercial floor area shall be provided.
(2)
Parking for residential uses shall comply with Residential Site
Improvement Standards.
(3)
Shared Parking on Adjacent Parcels. When land uses on adjacent
parcels create shared parking areas with pedestrian and/or vehicular
circulation paths and access points that are under common ownership
or controlled by a reciprocal easement agreement, the collective parking
requirements for development on those properties may comply with the
standards set forth in paragraphs (1) and (2) above.
(f)
Shared parking on noncontiguous parcels. Required parking for
mixed-used buildings may be supplied at a noncontiguous parcel, provided:
(1)
Parking is available within one 1,000 feet of the mixed-use
development:
(2)
Both the mixed-use development and the parking facility comply
with parking lot design standards;
(3)
Off-site parking spaces may not already be designated as required
parking for some other use.
(4)
Documentation conforming the ownership and/or management arrangement
for any shared parking arrangement shall be submitted prior to approval
by the Planning Board. Properties with extra parking retain expansion
rights equivalent to that number of extra spaces.
(5)
Provided a mixed-use building(s) complies with off-street parking
lot design standards, legal on-street parking along the tract's street
frontage may be counted toward the development's minimum parking requirements.
(6)
The minimum required number of parking spaces may be reduced
by 25% provided a mixed-use building is within 2,500 feet of a designated
transit stop.
c.
Permitted Accessory Uses.
d.
Conditional Uses: Subject to the provisions of section 13-9 of this chapter.
2.
(Reserved)
[Deleted by Ord. No. 2016-244 § 9]
7.
(Reserved)
[Deleted by Ord. No. 2016-244 § 9]
9.
Bulk storage of fuel provided the storage area is used solely in
conjunction with a retail or wholesale outlet and that the storage
containers are built below the ground.
10.
Trailers, excluding boat and construction trailers and trailers used
in delivery, loading and unloading operations, to be used for storage
or sale of goods or merchandise or in which commercial services are
rendered for a period not exceeding two months. Prior to the expiration
of the two month duration of the conditional use the applicant may
apply for one extension not to exceed 30 days and shall be permitted
to continue the use until the decision of the Planning Board if all
fees required for the application have been paid.
11.
Wind energy systems or facilities subject to the specifications, standards and regulations established in subsection 13-10.15 of this chapter.
13.
Drive-through banks.
e.
Yard and Building Requirements.
1.
Minimum lot area: 25,000 square feet.
2.
Minimum lot width: 300 feet.
3.
Minimum lot frontage: 300 feet.
4.
Minimum lot depth: 150 feet.
5.
Minimum front setback: 35 feet.
8.
Maximum building height: 35 feet subject to the provisions of subsection 13-5.12. In any event, the building shall not contain more than three useable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
9.
Maximum lot coverage: 50%.
10.
Minimum unoccupied open space: 10%.
11.
Buffer areas along State Highway 36 should be a minimum of five feet wide; side and rear buffer areas are subject to subsection 13-8.4.
12.
Floor area ratio of any commercial building shall not exceed 1.5.
a.
Purpose. The purpose of the Townhouse - 2 District is to encourage
the development of a livable neighborhood that contains townhouse
residential dwelling units. The TH-2 District is intended to provide
for moderate density housing that meets strict design standards that
promote a desirable visual environment based upon a common architectural
theme. It is intended that the development of new townhouse residential
dwelling units employ a "Shingle Style" architectural theme, which
is prevalent along the New Jersey shore. Design requirements and standards
are intended to create a compact and pedestrian friendly form of development
while ensuring a high quality of development and the preservation
of open spaces for residents.
d.
e.
Bulk and Area Requirements.
1.
Minimum tract size: one acre.
2.
Front yard setback: 35 feet.
3.
Setback from all other tract boundaries and/or right-of-way lines:
20 feet.
4.
Maximum density: 10 townhouses per acre.
5.
Minimum tract width: 150 feet.
6.
Minimum tract depth: 100 feet.
7.
Maximum building coverage for the entire tract: 30%.
8.
Maximum impervious coverage for the entire tract: 60%.
9.
Maximum units per structure: Five dwelling units.
10.
Bedroom mix: No more than 80% - two bedroom and no more than 20%
- three bedroom.
11.
Maximum building length: 125 feet.
12.
Maximum principal building height: 35 feet.
13.
Maximum number of stories (principal building): 2.5 stories above
a garage.
14.
Maximum accessory building height: 15 feet except a clubhouse may
be 28 feet in height.
15.
A structure shall not have more than two connected townhouse units
on one facade without providing a variation in setback of at least
two feet.
16.
The spacing of residential buildings shall adhere to the following
minimums:
(a)
End wall to end wall = One-half height of highest wall (minimum
12 feet).
(b)
End wall to window wall = 1 1/2 height of highest wall
(minimum of 30 feet).
(d)
Any building face to residential access street curb: Height
of highest wall (minimum 30 feet).
(e)
Any building face to common parking area: 10 feet.
17.
A minimum of 40% of the tract area shall remain as open space.
18.
Parking area setback to property line: seven feet.
19.
Minimum townhouse width: 24 feet.
f.
Townhouse Guidelines. The following requirements for townhouses shall
apply to development in the Townhouse - 2 District:
1.
Each application for development should include a site plan, property
survey including calculations of existing conditions, i.e., impervious
coverage, etc., landscape and lighting plan, grading plan, architectural
elevations (for all four building sides), architectural floor plans
for each building floor and any additional information deemed necessary
by the borough, the board attorney or engineer. All submitted plans
shall be sealed by an appropriate licensed professional.
2.
Entrances to townhouses should enhance the pedestrian scale character
of the area by strengthening a unit's connection with public streets
and internal roadways and by masking the appearance of garage doors.
3.
Townhouses fronting on residential streets should have pedestrian
entrances on the street side.
4.
Where townhouses are designed with the end wall adjacent to the public
street, the pedestrian entry for the end unit should be designed to
also face the street.
5.
Townhouses adjacent to public roads should be designed to make rear
building elevations resemble the front of a building. When viewable
from a public right-of-way, side elevations should be treated with
additional architectural details. Incorporate human-scale elements
(windows, doors, roof elements, trellises, etc.) into the building
facade visible from the street. Side elevations containing a significant
amount of blank wall space are not permitted.
6.
Walls visible from a public street, adjacent off-street parking areas
or other residential uses shall include windows and architectural
features similar to the front facade of the building, including, but
not limited to awnings, cornice work, edge detailing or other decorative
finish materials.
7.
Building layout should be designed to maximize waterfront views from
public rights-of-way.
8.
The main entrances should emulate the front entrance of single family
homes.
9.
Incorporate an architectural theme pursuant to paragraph a., Purpose,
with the appropriate variations in design to provide attractiveness
to the development design.
10.
Employ features such as front stairs, stoops, gateways, porches,
and weather protection to enhance the residential quality of unit
and building entries, the visibility of such entries, a comfortable
architectural rhythm along the street, and a human scale.
11.
Each townhouse shall have at least one individual private yard area,
open patio or court adjoining the unit and having a width of at least
10 feet and an area of at least 100 square feet. Each private yard
area, patio, court or deck shall be effectively screened in order
to provide a reasonable degree of privacy.
12.
In addition to the above requirements, a storage space with separate
access and containing a minimum of 80 square feet of floor area shall
be provided for each dwelling unit in the basement of the building
in which the unit is located or in the garage serving the unit. Storage
space located in a garage shall not encroach upon or be located above
a minimum area of 10 feet by 20 feet (10 feet by 20 feet) for the
parking of a motor vehicle.
13.
Chimneys, dormers, gables, and similar elements may project into
the slope of the roof provided they do not exceed one-half of the
roofline. They should also result in an improved design.
14.
All buildings shall have pitched roofs. A varying roofline customary
with gable or hip style roofing is encouraged. Functional dormer window
features are encouraged.
15.
Roofs should contain an irregular roofline containing cross gables
or gambrel roofs. It is appropriate for eaves to be found on several
levels and close to the walls. Embellishments may include turrets.
16.
Architectural design and materials used in the construction of accessory
buildings shall conform to or complement those used in the construction
of principal buildings.
17.
All parking facilities shall be on the same site as the building
and located within 150 feet of the nearest entrance of the building
they are intended to serve.
(a)
Parking spaces shall be provided in areas designed specifically
for parking and there shall be no parallel or diagonal parking.
(b)
All off-street parking areas and internal roadways shall be
paved, bounded by permanent curbing and constructed in accordance
with the Borough of Union Beach road specifications; provided, however,
that, upon recommendation of the borough engineer, the requirement
of curbing may be waived or modified when found not to be needed for
control of stormwater, protection of pavement and similar purposes.
(c)
Parking areas shall be located at least 10 feet from a building.
(d)
Townhouses shall comply with the minimum parking standards of
the NJRSIS (Subchapter 4).
18.
Parking spaces shall not be located in the front yard of the site
and any off-street parking spaces must be screened from view of any
public road or pedestrian path, by a streetwall or hedge along the
frontage. Streetwalls shall be three feet in height and constructed
out of brick or stone.
19.
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building for
the laundering and artificial drying of the laundry of the occupants
of each building.
20.
Dwelling units may erect an individual external television antenna
or satellite dish provided that it is one meter or less in diameter
or diagonal measurement and is installed on the balcony, patio or
other area within the exclusive use or control of the unit owner,
or upon the roof area of the building containing the unity owner's
dwelling unit. This guideline is intended to comply with regulations
adopted by the Federal Communications Commission (FCC) pursuant to
the Telecommunications Act of 1996, which regulations are presently
set forth at 47 C.F.R. I.S. If these regulations are amended this
guideline will be deemed amended as of the effective date of the amendment
to the regulation.
21.
The use of dryvit or similar materials are prohibited. More durable
materials shall be incorporated in the harsh marine environment within
the TH-2 District.
22.
Adequate trash and garbage pick-up stations shall be provided within
a totally enclosed container located in a manner to be obscured from
view from parking areas, streets and adjacent residential uses by
a fence, wall, planting or combination of the three.
23.
Each townhouse development may have one sign along each public street,
which the tract in question abuts, provided there exists at least
250 feet of unbroken frontage. Such signs shall not exceed five feet
in height, shall be set back from the street rights-of-way, property
lines, and driveways at least 10 feet and shall not exceed an area
of 25 square feet and shall be used to display the development's name.
24.
Open space areas where improved, shall be attractively landscaped
with grass lawns, trees and shrubs. Provision shall be made for the
preservation of existing trees and natural features including those
in designated critical areas. All proposed landscaping, including
existing and new trees, shrubs and natural screening shall be shown
on the site plan submitted to the planning board for approval and
prepared by a certified landscape architect.
25.
Setback from the waterfront shall be pursuant to New Jersey Department
of Environmental Protection requirements and regulations.
26.
All dwelling units shall be connected to approved functioning water
and sanitary systems prior to the issuance of a certificate of occupancy.
g.
Common Facilities.
1.
A nonprofit homeowners' association in accordance with the requirements
of the Department of Community Affairs shall own all areas put into
common ownership for common use by all residents.
2.
An irrigation system shall be provided where grassed recreation areas
occur.
3.
Accessory buildings for the outdoor recreation facilities and for
maintenance purposes shall be provided and shall be sufficient to
store recreational and maintenance equipment and supplies.
4.
When adjacent to the waterfront, public access to the waterfront
shall be provided and shall facilitate wheelchair access.
5.
Sidewalks shall be provided on both sides of streets/private driveways
through the development. All developments shall provide pedestrian
linkages between public sidewalks and the building entrances. Sidewalk
and pathway connections may be required to adjacent uses and activity
areas.
6.
A consistent type of pedestrian scale ornamental lighting shall be
provided along all streets and sidewalks and within any off street
parking lots. Such lighting shall be provided at a frequency and height
to provide desired light levels. Freestanding lights shall not exceed
12 feet in height.
7.
Open space areas shall offer a source of passive and/or active recreation,
in accordance with the intended character of the neighborhood. Passive
recreational areas may include features such as formal seating areas
and open lawn area. Active recreational areas may include specific
recreation elements such as playgrounds and tennis courts or less
formal features such as open play fields and walking paths.
a.
Permitted Uses.
1.
Light manufacturing as defined in this chapter.
2.
The warehousing and storage of goods and products.
3.
Wholesaling or distributing establishments, except for used automobiles.
4.
Scientific or research laboratories.
5.
Executive or administrative offices of an industrial or business
concern which are not normally involved in conducting business with
the general public.
6.
Federal, state, county and municipal buildings and grounds.
7.
Essential services.
8.
Child care centers pursuant to N.J.S.A. 40:55D-66.6 and N.J.S.A.
40:55D-66.7 of the Municipal Land Use Law which are required to be
licensed by the Department of Human Services pursuant to N.J.S.A.
30:5B-1, et seq.
c.
Permitted Accessory Uses.
d.
Conditional Uses: Subject to the provisions of section 13-9 of this chapter.
3.
Trailers, excluding boat and construction trailers and trailers used
in delivery, loading and unloading operations, to be used for storage
or sale of goods or merchandise or in which commercial services are
rendered for a period not exceeding two months. Prior to the expiration
of the two-month duration of the conditional use the applicant may
apply for one extension not to exceed 30 days and shall be permitted
to continue the use until the decision of the Planning Board if all
fees required for the application have been paid.
e.
Area, Yard and Building Requirements.
1.
Minimum lot area: One acre.
2.
Minimum lot width: 150 feet.
3.
Minimum lot frontage: 150 feet.
4.
Minimum lot depth: 200 feet.
5.
Minimum front setback: 50 feet.
6.
Minimum rear yard setback for principal and accessory buildings:
50 feet.
8.
Maximum building height: 55 feet subject to the provisions of subsection 13-5.12. In any event, the building shall not contain more than five useable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
9.
Maximum lot coverage: 30%.
10.
Minimum unoccupied open space: 20%.
12.
Buffer area abutting residential zone: Not-withstanding any other
provisions of this chapter there shall be a buffer of 50 feet between
any use in a residential zone or existing residential use.
f.
Prohibited Use. No chemicals, explosives, toxic waste or other similar
substances shall be manufactured or stored in the M-1 Zone.
a.
Permitted Uses.
1.
Research and testing laboratories, such as aerodynamic; biological;
chemical; dental; electronic; pharmaceutical; and general.
2.
Manufacturing of light machinery, such as carburetors and small machine
parts; cash registers; sewing machines; and typewriters, calculators
and other office machines.
3.
Fabrication of metal products, such as baby carriages, bicycles,
and other vehicles; metal foil-tin, aluminum, etc., metal furniture;
musical instruments; sheet metal products; and toys.
4.
Fabrication of paper products, such as bags, book binding; boxes
and packaging material; office supplies and toys.
5.
Fabrication of wood products, such as boats; boxes; cabinets and
woodworking; furniture; and toys.
6.
Food and associated industries, such as bakeries, bottling of food
and beverages; food and cereal mixing and milling; food processing;
food sundry manufacturing; ice cream manufacturing; and manufacturing
of spirituous liquor.
7.
Truck terminals and the warehousing or storage of goods and products.
8.
Other permissible industry, such as brush and broom manufacturing;
concrete and plastic products; electrical, light and power, and other
utility company installation; electronic products; farm industry -
manufacturing and service; glass products manufacturing; jewelry manufacturing,
including gem polishing; laundering and cleaning establishments; leather
goods manufacturing, except curing, tanning and finishing of hides;
motion picture exchange; pharmaceutical products manufacturing; cosmetic
products manufacturing; photo finishing; pottery and ceramic products
manufacturing, thread and yarn manufacturing; plastics and chemical
manufacturing.
9.
Wholesale building materials supply yards, yards of contractors in
the construction and building trades and similar operations requiring
bulk storage of materials and equipment, such as building construction
supplies and the equipment, vehicles and supplies of heavy equipment
contractors.
10.
Wholesaling or distributing establishments.
11.
Bulk storage of petroleum and fuels.
12.
Contractors or craftsman's shop or equipment storage area, including
general repair shop, except automobile dismantling or cannibalizing.
13.
Federal, state, county and municipal buildings and grounds.
14.
Essential services.
15.
Above ground public utilities.
16.
Child care centers pursuant to N.J.S.A. 40:55D-66.6 and N.J.S.A.
40:55D-66.7 of the Municipal Land Use Law which are required to be
licensed by the Department of Human Services pursuant to N.J.S.A.
30:5B-1, et seq.
c.
Permitted Accessory Uses.
d.
Conditional Uses: Subject to the provisions of section 13-9 of this chapter.
1.
Trailers, excluding boat and construction trailers used in delivery,
loading and unloading operations, to be used for storage or sale of
goods or merchandise or in which commercial services are rendered
for a period not exceeding two months. Prior to the expiration of
the two-month duration of the conditional use the applicant may apply
for one extension not to exceed 30 days and shall be permitted to
continue the use until the decision of the Planning Board if all fees
required for the application have been paid.
[Ord. No. 556, § IV; Ord. No. 2009-150, § 3; Ord. No. 2016-244 § 10]
a.
Permitted Uses.
1.
The retail business establishments which are clearly of a neighborhood
service character, such as, but not limited to, the following:
(a)
Stores selling groceries, meats, baked goods, and other such
items.
(b)
Drug and pharmaceutical stores.
(c)
Dry goods stores.
(d)
Meat and poultry stores.
(e)
Baked goods stores.
(f)
Package liquor stores.
(g)
Flower shops.
(h)
Confectionery stores.
(i)
Hardware and household supply stores.
(j)
Stationery supplies, tobacco and periodical stores.
(k)
Haberdashery, dress goods and notions.
(l)
Hardware, plumbing supplies and electrical supplies.
(m)
Shops of artisans and craftsmen.
(n)
Gift shops.
(o)
Shoes and clothing shops.
3.
Business, professional, medical, governmental and educational offices
and services.
4.
Banks and financial institutions with a minimum lot area of 25,000
square feet. Drive-through facilities are not permitted.
5.
Restaurants, bars and other eating and drinking establishments, but
not including drive-in restaurants with a minimum lot area of 25,000
square feet. Drive through food establishments are not permitted.
Outdoor seating is permitted.
6.
Federal, state, county and municipal buildings and grounds, parks
and playgrounds.
7.
Essential services.
8.
Single-family dwellings on lots currently used for single-family
residential dwellings, subject to the same regulations established
for the R-8 Residential Zone. These lots may be enlarged to the extent
necessary to bring them into greater conformity with the requirements
of the R-8 Residential District, but no new single-family dwelling
lots may be created in this district.
9.
Single-Family Dwellings. Townhouses and multi-family dwellings for
the habitation of people at age 52 years or older (children under
19 years may not be in permanent residence, defined as seven consecutive
days or 30 days in a year), as well as residential communities which
maintain a private age restriction mechanism, subject to the same
standards as apply to single-family dwellings in the R-AC Adult Community
Zone, and townhouses and multi-family dwellings in the TH-2 Townhouse
Zone.
10.
Child care centers pursuant to N.J.S.A. 40:55D-66.6 and N.J.S.A.
40:55D-66.7 of the Municipal Land Use Law which are required to be
licensed by the Department of Human Services pursuant to N.J.S.A.
30:5B-1, et seq.
11.
Educational facilities such as music schools, tutoring or special
training but not including private elementary schools.
12.
Apartments over ground level retail sales and services uses
for lots fronting on Union Avenue, subject to the following standards:
(a)
Density: One dwelling unit per 8,000 square feet of lot area.
(b)
Each second story dwelling shall contain a minimum of 860 square
feet of gross floor area.
(c)
Site plan approval shall be required prior to the issuance of
any building permit to construct a second story dwelling.
(d)
Second story dwellings shall be limited to a maximum of two
bedrooms.
(e)
Parking for mixed-use buildings.
(1)
A minimum of 3.5 parking spaces for every 1,000
square feet of gross commercial floor area shall be provided.
(2)
Parking for residential uses shall comply with
Residential Site Improvement Standards.
(3)
Shared Parking on Adjacent Parcels. When land uses
on adjacent parcels create shared parking areas with pedestrian and/or
vehicular circulation paths and access points that are under common
ownership or controlled by a reciprocal easement agreement, the collective
parking requirements for development on those properties may comply
with the standards set forth in paragraphs (1) and (2) above.
(f)
Shared Parking on Noncontiguous Parcels. Required parking for
mixed-used buildings may be supplied at a noncontiguous parcel, provided:
(1)
Parking is available within 1,000 feet of the mixed-use
development:
(2)
Both the mixed-use development and the parking
facility comply with parking lot design standards; and
(3)
Off-site parking spaces may not already be designated
as required parking for some other use.
(4)
Documentation conforming the ownership and/or management
arrangement for any shared parking arrangement shall be submitted
prior to approval by the Unified Planning Board. Properties with extra
parking retain expansion rights equivalent to that number of extra
spaces.
(5)
Provided a mixed-use building(s) complies with
off-street parking lot design standards, legal on-street parking along
the tract's street frontage may be counted toward the development's
minimum parking requirements.
(6)
The minimum required number of parking spaces may
be reduced by 25% provided a mixed-use building is within 2,500 feet
of a designated transit stop.
13.
Municipal parks.
c.
Permitted Accessory Uses.
3.
Other customary accessory uses and buildings which are clearly incidental
to the principal use and building.
4.
Family day care homes pursuant to N.J.S.A. 40:55D-66.5b of the Municipal
Land Use Law which are conducted in the private residence of a family
day care provider which is registered as a family day care home pursuant
to the "Family Day Care Provider Registration Act," N.J.S.A. 30:5B-16,
et seq.
d.
e.
Area, Yard and Building Requirements.
1.
Residential uses in accordance with R-8 Zone District regulations
and requirements.
2.
For all other uses as follows:
(a)
Minimum Lot Area: 5,000 square feet.
(b)
Minimum Lot Width: 50 feet.
(d)
Minimum Lot Depth: 100 feet.
(e)
Minimum Front Setback: 10 feet.
(h)
Maximum Building Height: 35 feet subject and further provided
that any building shall contain not more than three usable floor levels
counted vertically at any point in the building above the grade as
determined by the average grade elevation of the corners of the building
or from the Federal Emergency Management Agency minimum building elevation
if a building is located within a designated floodplain.
(i)
Maximum Lot Coverage: 50%.
(j)
Maximum Floor Area Ratio: 1.5.
3.
Rooftop mechanical equipment should be screened from public view
by architecturally compatible materials. Ground level mechanical equipment,
such as air-conditioning equipment, utility boxes and meters, should
be screened by landscaping, walls or fencing.
4.
Building entrances facing a street should be retained. The visual
character of buildings along street frontages and entryways should
be pedestrian friendly and porches should not be enclosed. At no time
should fire escapes be permitted on the front facade of a building.
a.
Permitted Uses.
1.
Single-family dwellings for the habitation of people at age 52 years
or older (children under 19 years may not be in permanent residence,
defined as seven consecutive days or 30 days in a year), as well as
residential communities which maintain a private age restriction mechanism.
2.
Federal, state, county and municipal buildings and grounds including
schools, parks and playgrounds, but not workshops, warehouses, garages,
and storage yards.
3.
Private and parochial schools not operated for profit.
4.
Essential services.
d.
e.
Area, Yard and Building Requirements.
1.
Minimum lot area: 4,000 square feet.
2.
Minimum lot width: 50 feet.
4.
Minimum lot depth: 80 feet.
5.
Minimum front-yard setback: 20 feet.
6.
Minimum rear-yard setback: 25 feet.
7.
Minimum side-yard setback: five feet with two combined side yards
not less than 10 feet.
f.
Special Requirements.
1.
The Planning Board shall review architectural elevations for all
buildings in the development to assure harmony and compatibility.
The architecture should provide a coherent design theme throughout
the development, using rooflines, building materials, entrance locations,
and foundation landscaping to provide a compatible visual relationship.
2.
The development shall be conditioned upon the placement of a restrictive
covenant on the deeds to insure that the occupancy will be limited
to persons 52 years of age or older with no children under 19 in permanent
residence.
3.
The development shall be conditioned upon the placement of a restrictive
covenant on the deeds to insure architectural control. The restrictions
as to the following shall be included:
(a)
No house shall have the same facade as the house on either side
of it or directly across the street.
(b)
One and one-half story dwellings will be permitted.
(c)
Side windows shall be offset between adjacent houses by at least
two feet (measured frame to frame as projected directly across to
the adjacent house) in order to promote privacy.
(d)
A minimum three different models shall be offered with each
model having at least two different elevations and with at least six
different elevations being constructed.
(e)
The restriction set forth below as to patios, mailboxes, foundation
landscaping, privacy fencing, trees, screening, garages and driveways
shall also be incorporated.
(f)
No sheds or other accessory buildings shall be allowed.
4.
Each dwelling shall have a concrete patio which is a minimum eight
by 10 feet and shall be screened on one side with a five-foot high
privacy fence, which is 12 feet in length and is constructed of heavy
duty board on board fencing consisting of six inch by six inch wolmanized
posts and five-eighths inch by six inch wolmanized planking with galvanized
hardware. The privacy fencing shall be set into a concrete footing.
5.
Landscaping. All dwellings shall have similar foundation landscaping.
A typical foundation-landscaping plan shall be submitted for review
and approval by the board. In addition to the foundation landscaping
a minimum one deciduous tree (two to two and one-half inch caliper)
and one conifer tree (six to eight feet in height) shall be provided
in the rear yard of each dwelling.
6.
Each dwelling shall have a one-car garage, which is a minimum 10
feet width by 20 feet in length and a driveway, which is a minimum
12 feet wide and a minimum 20 feet in length. The driveway shall be
constructed of a minimum 2 1/2 inches of bituminous concrete
surface course installed over a minimum six inches of dense graded
aggregate.
7.
Uniform mailboxes and posts shall be provided. A detail of the proposed
mailbox must be submitted for board review and approval.
8.
Additional street lighting will be required within the adult community
for safety and security.
9.
Where drainage is available in the rear yard, the roof drains shall
be connected to the drainage system with PVC pipe.
10.
Open space and Recreation Area. A minimum 10,000 square feet
for each 20 units shall be reserved for open space and recreation
uses. All open spaces and recreation areas shall be dedicated to the
borough for passive recreation or open space. All open space and recreation
areas shall be heavily landscaped and provided adequate provisions
for passive recreation such as benches, tables, gazebos, etc.
11.
Fencing shall be provided along the rear property lines of all
proposed dwellings for safety and security. The fencing shall consist
of a six-foot high heavy-duty board on board fencing consisting of
six by six inch wolmanized posts and five-eighths inch by six inch
wolmanized planking with galvanized hardware. The fencing shall be
set into a concrete footing. Additionally, the portion of the existing
GPU right-of-way, which abuts senior citizen zone or roadways within
the zone, shall be adequately screened subject to review and approval
by the borough and borough engineer.
12.
Street Design Standards. Roads for development with 20 dwellings
or less, shall have a minimum right-of-way width of 40 feet and a
minimum pavement width of 28 feet. Additionally, cul-de-sacs for development
with 20 dwellings or less, shall have a minimum right-of-way radius
of 50 feet and a minimum pavement radius of 40 feet. Roads for development
with more than 20 dwellings, shall have a minimum right-of-way width
of 50 feet and a minimum pavement width of 30 feet. Additionally,
cul-de-sacs for developments with more than 20 dwellings, shall have
a minimum right-of-way radius of 60 feet and a minimum pavement radius
of 50 feet.
13.
The development shall have a minimum two points of access, which
meet the borough roadway design standards.
14.
The development shall have a consistent streetscape appearance
as shown in the attached typical lot layout. The street shall have
curbing and sidewalk on one side of the street. Shade trees, a minimum
two to two and one-half inch caliper, shall be installed on both sides
of the street between the curb and sidewalk in a planting area which
is a minimum five feet in width.
15.
All utilities shall be installed underground and shall be placed
within the paved area of the roadway or within a two-foot wide utility
easement behind to the sidewalk.
16.
All air conditioning shall be placed on a concrete pad so as
to not interfere with the use of the yard and where probable shall
be located away from the master bedroom unit. Units shall be placed
so that they do not abut.
17.
Within the adult community, the applicant shall establish a
homeowners' association to maintain the standards and practices of
the community.
[Ord. No. 2006-81; Ord. No. 2009-150, § 3]
[Ord. No. 2006-81; Ord. No. 2008-115; Ord.
No. 2009-150, § 3; Ord.
No. 2016-244 § 11]
e.
Area, Yard and Building Requirements.
1.
See Schedule A -Schedule of Area, Yard, Setback and Height Requirements.[1]
[1]
Editor's Note: Schedule A, referred to herein is included as an attachment to this chapter.
f.
General Zoning Requirements Specific to the Corporate Campus District.
1.
The minimum total area to be developed in the Corporate Campus District
shall be 50 acres. Such area shall be developed in accordance with
a single comprehensive plan. Streets shall not be deemed to divide
acreage for the purposes of this requirement.
2.
Light manufacturing and warehouse uses shall be located behind a
professional, scientific and technical services or office administrative
services building fronting on Jersey Avenue and shall not be visible
from any public right-of-way, including the Henry Hudson Trail.
3.
No building shall exceed 45 feet in height. In the case of buildings
with flat roofs, building height shall be measured to the roof level
and not to the top of any parapet wall.
4.
Not less than 25% of the capped land area within Block 249, Lot 1
and shall be devoted to common open space. Topsoil and landscaping
constructed above the cap shall be required to retain a campus like
setting. The location of common open space shall be consistent with
the declared function of the common open space, and where possible,
the common open space shall be planned as a contiguous area located
for the maximum benefit of the area which it was designed to serve,
preserving and where possible enhancing natural features.
5.
A concept site plan and concept subdivision plan shall be required
for any development proposed within the Corporate Campus District,
the concept plan shall indicate the proposed location of all buildings,
structures, parking, landscaping, open space, utilities, signage,
pedestrian walkways and driveways. The concept plan shall be submitted
to the planning board for review prior to any formal preliminary site
plan or subdivision plan.
6.
Any principal building may contain more than one use or organization.
More than one principal building may be constructed on any lot, provided
that all ordinance requirements are met and that a minimum distance
of 50 feet is provided between the principal buildings.
7.
Relationship of buildings to lot lines, each other, any other building,
or any two or more attached buildings, may straddle lot lines in the
Corporate Campus District; provided, that no such lot line shall be
straddled if it is also the boundary line of the Corporate Campus
District.
8.
Buildings within the district shall be clustered outside of environmentally
sensitive areas to minimize the footprint of development on the landscape
and provide for green areas, and to encourage pedestrians to walk
between buildings and sites. Buildings shall create a continuity of
building facades along a building line parallel to the public street
or internal private drives, and shall be arranged to define a rhythm
of built and open areas that create a series of "outdoor rooms" facing
the street or drive.
9.
The preservation of waterfront views and increased access to the
waterfront are primary goals for this district. The location of buildings
and parking shall be determined based upon the preservation of these
vistas.
10.
The frontal aspect of buildings visible from Jersey Avenue shall
be oriented to Jersey Avenue, as well as to internal private streets,
both functionally and visually. In a development of two or more buildings,
buildings facades shall be designed and located to relate to one another,
both functionally and visually. To the extent possible, large-scale
buildings shall be discouraged in favor of smaller, individualized
building groupings, utilizing such features as courtyards, quadrangles,
and alleys that encourage pedestrian activity and incidental social
interaction among users. Only secondary building facades shall face
an open parking area.
g.
Additional Off-Street Parking and Circulation Requirements Specific
to the Corporate Campus District.
1.
Any parking proposed within the front yard shall be screened by a
landscaped berm of at least 4 1/2 feet in height and having a
slope of three to one. The berm shall be required to screen parking
located between buildings and any street.
2.
Driveways shall be set back at least 10 feet from all building units
to provide room for a landscaped area and sidewalks.
3.
Cross easements to allow for traffic and pedestrian circulation between
properties shall be required as necessary as a part of any site plan
approval.
4.
Public access pedestrian and bicycle trails at least six feet wide
shall be provided along the Raritan Bay waterfront and connect to
the Henry Hudson Trail and the Natco Lake property.
5.
Walkways and bicycle paths shall have information signs. If trails
are designed to be specifically used for bicycles, then a sign marked
with the international bicycling symbol shall be used. The path system
shall meet the following requirements:
(a)
Pedestrian walkways shall have one bench, each to be six feet
long and constructed of metal supports with wood, aluminum or coated
metal seats and backs for every one-half mile of trail.
(b)
Shade trees shall be planted at bench and sign locations if
they are in open areas.
(c)
Information signs shall be placed at various points of natural
or cultural interest along the trail.
6.
Parking lot layout should take into consideration pedestrian movement
and pedestrian crossings should be installed where deemed necessary
by the Planning Board.
7.
The required number of parking spaces may be reduced by demonstrating
the possibility of shared parking. Shared parking means that multiple
uses share one or more parking facilities. Parking demands must "peak"
during different times of the day.
8.
Shared parking options are incorporated into the site design. The
applicant may request a reduction to or waiver of parking standards
based upon a parking impact study.
9.
Maximum parking ratio. Surface parking shall not exceed 110% of the
minimum parking requirement.
h.
Additional Landscaping and Buffer Requirements for the Corporate
Campus District.
1.
Landscaping is to be provided as part of all development and is to
be integrated into building arrangements, topography, parking, buffering
and other site features. Landscaping may include trees, shrubs, ground
cover, berms, flowers, sculpture, art and similar materials, and shall
be designed to provide aesthetic, buffering, environmental, ornamental,
and other related functions. All landscaping plans shall be prepared
by a New Jersey licensed landscape architect.
2.
Landscaping shall define entrances to buildings and parking lots,
define the edges of various land uses, provide transition between
neighboring properties (buffering), and provide screening for loading
and equipment areas.
3.
Landscaping shall permit adequate site distance for motorists and
pedestrians entering and exiting a site and shall not interfere with
circulation patterns.
4.
Landscaping shall be provided adjacent to and within parking areas
to screen vehicles from view and to minimize the expansive appearance
of parking fields.
5.
Street trees shall be installed in the public right-of-way for all
development.
6.
A minimum buffer area of 150 feet in width shall be provided along
any common property line with a residential district, and a minimum
buffer area of 75 feet in width shall be provided along any common
property line with any residential use.
7.
The interior of all parking lots shall be landscaped to provide shade
and visual relief. At a minimum, at least one deciduous tree or large
shallow rooted shrub in restricted "capped" areas shall be planted
for every 12 parking spaces inside a six-foot wide planter or Landscape
Island is required. Landscaping should be utilized to soften edges
of parking lots and to provide a sense of lot borders or boundaries.
8.
Trees shall be planted within right-of-ways parallel to the street
along all streets.
9.
Street tree spacing shall be determined by species type. Large maturing
trees shall be planted a minimum of 40 feet and a maximum of 50 feet
on center. Small and medium maturing trees shall be planted a minimum
of 10 feet and a maximum of 30 feet on center.
10.
Plantings in immediate proximity to buildings in front and side
yards shall respect architectural lines (should be seen as extension
of architectural walls).
11.
All plantings shall installed free from disease in a manner
that ensures the availability of sufficient soil and water for healthy
growth and which is not intrusive to underground utilities.
12.
All loading areas shall be landscaped in a manner that sufficiently
screens the view of the loading area and vehicles from any public
right-of-way and residential property.
13.
All sides of a building shall receive landscape treatment.
a.
Purpose and Goals. The purpose of this subsection is to provide sound
land use policies, procedures and regulations for personal wireless
telecommunications facilities to protect the Borough of Union Beach
from the visual or other adverse impacts of these facilities, while
encouraging their unobtrusive development to provide comprehensive
wireless telecommunications services in the Borough of Union Beach
with its benefits to residents and businesses. The subsection expresses
a preference that antennas be located on existing buildings and towers,
preferably on municipal or other public property, and not on newly
constructed telecommunications towers; and encourages collocation
and site sharing of new and existing PWTFs.
b.
Development Standards.
1.
Height Standards. Where permitted, PWTFs may exceed the maximum building height limitations, provided the height has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate and complies with the additional setback requirements contained in subsection 13-10.12b,2; PWTEFs are limited to 12 feet in height.
2.
Setback Standards. All PWTFs and PWTEFs shall be set back a distance
equal to 100% of the height of the tower from any adjoining lot line
and all nonappurtenant buildings. In order to fulfill this requirement,
the placement of all telecommunication towers shall be subject to
the minimum yard requirements of the applicable zoning district in
which it is located, provided that the prevailing setback in the applicable
zone be increased by one foot for every one foot of tower height which
is in excess of the height permitted according to the applicable zone.
There shall be a minimum telecommunication tower setback of
500 feet from any residential zone district line, school and/or site
listed on a historic register.
There shall be a minimum separation distance of 1,000 feet between
telecommunication towers to minimize proliferation of telecommunication
towers and to encourage shared usage.
If PWTEFs are located on the roof of a building, the area of
the PWTEFs and other equipment and structures shall not occupy more
than 25% of the roof area.
c.
Location Priority. If needed, in accordance with an overall comprehensive
plan for the provision of full wireless communications service within
the Borough of Union Beach, PWTFs and PWTEFs shall be permitted as
a conditional use at the following prioritized locations:
1.
The first priority location shall be on lands or structures owned
by Borough of Union Beach.
2.
The second priority location shall be on lands or structures located
in the M-1 Light Industrial Zone and M-2 Heavy Industrial Zone Districts.
3.
The third priority location shall be collocation on existing PWTFs
(or existing water tanks) provided that the new installation does
not increase the height by more than 10%; and
4.
The fourth priority location shall be such locations, excluding residential
zones, as the applicant proves are essential to provide required service
to the Borough of Union Beach.
d.
Conditional Use Standards. All PWTFs and PWTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under subsection 13-10.12c, shall be deemed more acceptable than lower priority sites.
1.
Sites for PWTFs and PWTEFs must demonstrate that they provide the
least visual impact on residential areas and public ways. All potential
visual impacts must be analyzed to illustrate that the selected site
provides the best opportunity to minimize the visual impact of the
proposed facility.
2.
PWTEFs should be located to avoid being visually solitary or prominent
when viewed from residential areas and the public ways. The facility
should be obscured by vegetation, tree cover, topographic features
and/or other structures to the maximum extent feasible.
3.
PWTFs and PWTEFs shall be placed to ensure that historically significant
viewscapes, streetscapes, and landscapes are protected. The views
of and vistas from architecturally and/or significant structures should
not be impaired or diminished by the placement of telecommunication
facilities.
e.
Site Design Standards. The following design standards shall apply
to PWTFs and PWTEFs installed or constructed pursuant to the terms
of this subsection:
1.
Collocation. Development Review Ordinance limitations on the number
of structures on a lot shall not apply when PWTFs and PWTEFs are located
on a lot with buildings or structures already on it.
2.
Fencing and Other Safety Devices. PWTFs and PWTEFs shall be surrounded
by a security feature, such as a fence. All telecommunications towers
shall be designed with anti-climbing devices in order to prevent unauthorized
access. Additional safety devices shall be permitted or required,
as needed, and as approved by the planning board or the board of adjustment.
3.
Landscaping. Landscaping shall be provided along the perimeter of
the security fence to provide a visual screen and buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall be landscaped. All PWTEFs shall be screened by
an evergreen hedge eight to 10 feet in height at planting time and
a solid fence eight feet in height.
4.
Signs shall not be permitted, except for signs displaying owner contact
information, warnings, equipment information, and safety instructions.
Such signs shall not exceed two square feet in area. No commercial
advertising shall be permitted on any PWTF or PWTEF.
5.
Color. PWTFs shall be of a color appropriate to the telecommunications
tower's locational context and to make it as unobtrusive as possible,
unless otherwise required by the Federal Aviation Administration (FAA).
6.
Activity and Access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for onsite
maintenance and thereby to minimize the need for vehicular trips to
and from the site. Access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the planning board or the board of adjustment.
7.
Dish Antennas. Dish antennas shall be colored, camouflaged or screened
to make them as unobtrusive as possible and in no case shall the diameter
of a dish antenna exceed six feet.
8.
Lighting. No lighting is permitted except as follows:
(a)
PWTEFs enclosing electronic equipment may have security and
safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes; and
(b)
No lighting is permitted on a PWTF except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
9.
Monopole. Any proposed new telecommunications tower shall be a "monopole"
unless the applicant can demonstrate that a different type of pole
is necessary for the collocation of additional antennas on the telecommunications
tower. Such telecommunications towers may employ camouflage technology.
10.
Noise. No equipment shall be operated so as to produce noise
in excess of the limits set by the local noise ordinance, except for
in emergency situations requiring the use of a backup generator.
11.
Radio Frequency Emissions. The FTA gives the FCC sole jurisdiction
of the field of regulation of radio frequency (RF) emission and PWTFs
which meet the FCC standards shall not be conditioned or denied on
the basis of RF impacts. Applicants shall provide current FCC information
concerning PWTFs and radio frequency emission standards. PWTFs shall
be required to provide information on the projected power density
of the proposed facility and how this meets the FCC standards.
12.
Structural Integrity. PWTFs must be constructed to the Electronic
Industries Association/Telecommunications Industries Association (EIA/TIA)
222 Revision F. Standard entitled "Structural Standards for Steel
Antenna Towers and Antenna Supporting Structures" (or equivalent),
as it may be updated or amended.
13.
Maintenance. PWTFs shall be maintained to assure their continued
structural integrity. The owner of the PWTF shall also perform such
other maintenance of the structure and of the site as to assure that
it does not create a visual nuisance.
f.
Collocation Policy.
1.
The municipal engineer shall maintain an inventory of existing PWTF
locations within or near the Borough of Union Beach.
2.
An applicant proposing a PWTF at a new location shall demonstrate
that it has made a reasonable attempt to find a collocation site acceptable
to engineering standards and that none was practically or economically
feasible.
3.
Each application for a PWTF shall be accompanied by a plan which
shall reference all existing PWTF locations in the applicant's Borough
of Union Beach inventory, any such facilities in the abutting towns
which provide service to areas within the Borough of Union Beach,
any changes proposed within the following twelve-month period, including
plans for new locations and the discontinuance or relocation of existing
facilities.
4.
Each application shall include a site location alternative analysis
describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the providers' service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(a)
How the proposed location of the PWTF relates to the objective
of providing full wireless communication services within the Borough
of Union Beach at the time full service is provided by the applicant
throughout the Borough of Union Beach.
(b)
How the proposed location of the proposed PWTF relates to the
location of any existing antennas within and near the Borough of Union
Beach.
(c)
How the proposed location of the proposed PWTF relates to the
anticipated need for additional antennas within and near the Borough
of Union Beach by the applicant and by other providers of wireless
communication services within the Borough of Union Beach.
(d)
How the proposed location of the proposed PWTF relates to the
objective of collocating the antennas of many different providers
of wireless communication services on the same PWTF; and
(e)
How its plan specifically relates to and is coordinated with
the needs of all other providers of wireless communication services
within the Borough of Union Beach.
5.
The planning board, or board of adjustment, may retain technical
consultants as it deems necessary to provide assistance in the review
of the site location alternatives analysis. The applicant and/or service
provider shall bear the reasonable cost associated with such consultation,
which cost shall be deposited in accordance with the Borough of Union
Beach's escrow provisions.
g.
Removal of Abandoned PWTFs. Any PWTF that is not operated for a continuous
period of 12 months shall be considered abandoned. If there are two
or more users of a single PWTF, then the abandonment shall not become
effective until all users cease using the PWTF for a continuous period
of 12 months. The owner of such PWTF shall remove same within 90 days
of notice from the zoning officer that the PWTF is abandoned. If such
PWTF is not removed within said 90 days, the municipality may remove
such at the owner's expense. The cost of such removal shall not constitute
solely a lien upon the land if it remains unsatisfied, but shall be
borne by both the owner of the PWTF and the owner of the land as a
personal and corporate liability, and shall also be listed as a lien
against the land by the borough tax collector. If the facility is
to be retained, the provider(s) shall establish that the facility
will be reused within one year of such discontinuance. If a facility
is not reused within one year, a demolition permit shall be obtained
and the facility removed. At the discretion of the zoning officer,
upon good cause shown, the one year reuse period may be extended for
a period not to exceed one additional year.
h.
Nonconforming PWTFs. Nonconforming PWTFs which are partially damaged
or destroyed due to any reason or cause may be repaired and restored
to their former use, location and physical dimensions subject to obtaining
a building permit therefor, but without otherwise complying with this
subsection. A nonconforming PWTF shall be deemed partially damaged
or destroyed if less than 50% of its components by volume or weight,
whichever measure shall be more restrictive, need to be replaced or
repaired. Otherwise it shall be deemed totally damaged and repair
or restoration will require compliance with this subsection.
i.
Additional Site Plan Submission Requirements. In addition to the
applicable documentation and items of information required for site
plan approval, the following additional documentation and items of
information are required to be submitted to the planning board or
board of adjustment for review and approval as part of the site plan
submission:
1.
Documentation by a qualified expert regarding the capacity of any
proposed PWTF for the number and type of antennas;
Documentation by a qualified expert that any proposed PWTF will
have sufficient structural integrity to support the proposed antennas
and the anticipated future collocated antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunication Industry Association (TIA) have
been met;
A letter of intent by the applicant, in a form which is reviewed
and approved by the Borough of Union Beach, indicating that the applicant
will share the use of any PWTF with other approved providers of wireless
communication services; and
A visual impact study, graphically simulating through models,
computer enhanced graphics, or similar techniques, the appearance
of any proposed telecommunications tower and indicating its view from
at least five locations around and within one mile of the proposed
PWTF where the PWTF will be more visible. Aerial photographs of the
impact area shall also be submitted.
[Ord. No. 2009-150, § 3]
a.
Title. This subsection may be referred to as the wind energy system
ordinance.
b.
Applicability. The requirements set forth in this subsection shall
govern all zones and wind energy systems or facilities used to generate
electricity to perform work which may be connected to the utility
grid pursuant to state laws and regulations.
c.
Purpose. The purpose of this subsection is to: facilitate the permitting
wind energy systems; regulate placement, construction and modification
of wind energy systems, while promoting the safe, effective and efficient
use of wind energy resources and wind energy systems while not interfering
with the development of independent renewable energy sources; and
preserving and protecting public health and safety without significantly
increasing the cost or decreasing the efficiency of wind energy system.
d.
Development Standards. Wind energy systems may be permitted as a
conditional use in all zones provided that the use and/or structures
comply with the minimum standards of the particular zone and the following
requirements:
1.
Minimum Lot Size. Wind energy systems shall have a minimum lot area
equal to greater of minimum lot area prescribed in Figure 10 or the
minimum lot area prescribed in the zone.
|
Schedule 1
Figure 10
| |
|---|---|
|
Minimum Required Lot Area(1)
| |
|
Met Towers
|
20,000 Square Feet
|
|
Micro System
|
7,500 Square Feet
|
|
Small System
|
20,000 Square Feet
|
|
(1)If the lot area requirements for
the zone is greater it shall take precedence
|
2.
Location. Wind energy system shall not be located in any required
front yard area.
3.
Setback Standards.
(a)
Wind energy systems meeting the definitions of either "met towers," "micro systems" or "small systems" shall be set back a minimum distance from any property line equal to 100% of the total height of the system as defined in subsection 13-2.5. The minimum setback requirements shall be measured from the tip of the blade to the property line.
(b)
No portion of the wind energy system shall extend beyond the
setback line, nor into the following:
4.
Height Standards. Wind energy systems may exceed the maximum building
height limitation provided that the total height of the system does
not exceed a height above the existing grade as prescribed in Figure
11, as follows:
|
Schedule 2
Figure 11
| |
|---|---|
|
Maximum Total Height From Existing Grade
| |
|
Met Towers
|
120 Feet
|
|
Micro System
|
60 Feet
|
|
Small System
|
120 Feet
|
e.
Site Design Standards. The following design standards shall apply
to all wind energy systems installed and constructed pursuant to the
terms of this subsection:
1.
Installation and Design.
2.
Visual Impact. Wind energy systems shall be located so as to not
block, interfere or otherwise impair a scenic vista or corridor or
block the view of an adjoining residential structure.
3.
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
4.
Lighting. Wind energy systems shall not be artificially lighted unless
such lighting is required by the Federal Aviation Administration or
other applicable authority that regulates air safety.
5.
Appearance, Color, and Finish. The wind energy system, generator
and tower shall maintain a galvanized finish or be a non-obtrusive
color such as white, off-white or gray. They shall remain painted
or finished in the finish that was originally applied by the manufacturer.
6.
Noise. Wind energy systems shall be designed so as to not produce
noise in excess of the limits set by the local noise ordinance. Wind
energy systems shall be designed to eliminate any nuisances to the
surrounding property and to limit any noise from said system from
being heard off the property where the system is located. Small and
micro wind energy systems shall not exceed 50 decibels as measured
at the property line. This level, however, may be exceeded during
short term events such as utility outages and/or severe wind storms.
7.
Transmission of Power Lines. Any on-site transmission or power lines
shall be placed underground to the maximum extent feasible.
8.
Signs. There shall be no signs that are visible from any public street
posted on a wind energy system or any associated building, except
for the manufacturer's or installer's identification, appropriate
warning signs, or owner or facility operator identification. Wind
energy systems shall not display advertising, including flags, streams,
or decorative items.
9.
Power. The primary purpose of a proposed wind energy system shall
be to provide power for the principal use of the property whereon
said system is to be located and shall not be for the generation of
power for commercial purposes; although this provision shall not be
interpreted to prohibit the sale of excess power generated from time
to time from a system designed to meet the energy needs of the principal
use.
10.
Utility Notification and Interconnection. Wind energy systems
that connect to the electric utility shall comply with the New Jersey's
Net Metering and Interconnection Standards for Class I Renewable Energy
Systems at N.J.A.C. 14:4-9.
11.
Met Towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a wind energy system.
f.
Abandonment and Decommissioning.
1.
A wind energy system that is out-of-service for a continuous six
month period will be deemed to have been abandoned.
2.
The zoning officer, construction official and/or code enforcement
officer may issue a notice of abandonment to the owner of a wind energy
system that is deemed to have been abandoned. The notice shall be
sent return receipt requested.
3.
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
4.
If the owner provides information that demonstrates the wind energy
system has not been abandoned, the zoning officer, construction official
and/or code enforcement officer shall withdraw the notice of abandonment
and notify the owner that the notice has been withdrawn.
5.
If the zoning officer, construction official and/or code enforcement
officer determines that the wind energy system has been abandoned,
the owner of the wind energy system shall remove the wind generator
from the tower at the owner's sole expense within three months after
the owner receives the notice of abandonment.
6.
If the owner fails to remove the wind generator form the tower in
the time allowed in paragraph 5 above, the borough may pursue legal
action to have the wind generator removed at the owner's expense.
7.
Decommissioning shall include removal of the wind turbine(s), buildings,
cabling, electrical components, access way and any other facilities.
Disturbed earth shall be graded and reseeded, in accordance with the
Freehold Soil Conservation District requirements.
g.
Additional Site Plan and/or Zoning Permit Submission Requirements.
In addition to the applicable documentation and items required for
site plan and/or zoning permit approval, the following items shall
be required to be submitted to the planning board or zoning officer
as part of the site plan and/or zoning permit application for a wind
energy system:
1.
Narrative describing the proposed wind energy system;
2.
Plot Plan. The application shall be accompanied by a plot plan which
includes, at a minimum, the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing and/or proposed
structures on the property;
(c)
Location of the proposed wind energy system tower and ancillary
equipment, buildings and structures;
(d)
Setback lines;
(e)
The right-of-way of any public road that is contiguous with
the property;
(f)
Location of subsection(s) and electrical cabling from the proposed
wind energy system to the substation(s); and
(g)
Any overhead utility lines.
3.
Specifications, including manufacturer and model, rotor diameter,
tower height, tower type (freestanding or guyed) and approximate generating
capacity of the wind energy system;
4.
Documentation from a qualified expert that the proposed wind energy
system tower will have sufficient structural integrity to support
the proposed wind turbine and associated equipment;
5.
Visual impact study graphically simulating, through models, computer
enhanced graphic, aerial photo and/or similar techniques, the appearance
of any wind energy system and indicating its view from at least five
locations within one mile of the proposed facility, where the facility
will be visible;
6.
Evidence of compliance with Federal Aviation Administration regulations;
7.
Copies of any negotiated power purchase agreement and utility company's
approved schematics;
8.
Approval of the property owner(s) and the facility owner/operator
of the energy faculty;
9.
An Environmental Impact Analysis (EIS) for all wind energy systems,
which shall include a review and comments from the applicable state
and federal agencies; and
10.
Decommissioning plans that describe the anticipated useful life
of the proposed wind energy system, estimated decommissioning costs
in current dollars, method for ensuring that the funds will be available
for the decommissioning and restoration and anticipated matter in
which the system will be decommissioned and the site restored. This
obligation shall be recorded in the Monmouth County Clerk's Office
and shall run with the land.
[Ord. No. 2016-244 § 12]
a.
Permitted Uses.
1.
Retail and wholesale stores, shops and markets.
2.
Personal service establishments, such as, but not limited to barbershops,
and beauty shops and tailoring and dressmaking shops.
3.
Business and professional offices and banks and fiduciary institutions.
4.
Restaurants, lunchrooms, bars and other eating and drinking establishments.
5.
Art, dancing, music, gymnastics and other similar instructional schools.
6.
Federal, state, county and municipal buildings and grounds, but excluding
schools.
7.
Commercial recreation activities.
8.
Essential services.
b.
Required Accessory Uses.
d.
Conditional Uses.
1.
Single-family, two-family and multi-family dwellings provided that
they are located entirely above the first floor in a building which
contains a use otherwise permitted in this zone on the first floor;
with the exception of the area north of Front Street.
e.
Area, Yard and Building Requirements.
1.
Minimum lot area: 5,000 square feet.
2.
Minimum lot width: 50 feet.
3.
Minimum lot frontage: 50 feet.
4.
Minimum lot depth: 100 feet.
5.
Minimum front setback: five feet.
6.
Minimum rear yard setback for principal and accessory buildings:
20 feet.
8.
Maximum building height: 35 feet above base flood elevation.
9.
Maximum lot coverage: 50%.
10.
All sides of any structure shall be architecturally finished
with materials approved by the planning board. Specifically prohibited
is construction which utilizes flat roofs with parapets or mansards
on only a portion of the perimeter of the structure; unfinished (or
painted) concrete block walls or substantial architectural finish
deviations between the front, side and rear elevations.
11.
Floor area ratio of any commercial building shall not exceed
0.8.
[Ord. No. 2016-244 § 13]
The purpose of this overlay zone within the M-1 Zone District
is to allow for the development of age-restricted apartment dwelling
units in lots 3 and 3.01 of block 103 in addition to the permitted
uses in the M-1 Zone in accordance with the standards set forth herein.
a.
Permitted Uses.
1.
Age-restricted apartment dwelling units, restricted to residents
62 years of age or more, and restricted to the second floor and above.
b.
Permitted Accessory Uses.
1.
Conservation areas, open spaces, and common property.
2.
Recreation facilities for use of residents and guests.
3.
A Senior Citizen Center for the Borough of Union Beach, which shall
contain at least 2,000 square feet of gross floor area unless a lesser
size is approved for good cause shown by the applicant, and which
shall be comprised of the following facilities:
4.
Signs subject to the provisions herein.
5.
Uses accessory or incidental to the principal use.
c.
Area, Yard and Building Requirements.
1.
Minimum Lot Area: 5.28 acres.
2.
Minimum Lot Frontage: 692 feet.
3.
Minimum Front Setback: 50 feet.
4.
Minimum Rear Yard Setback: 50 feet.
5.
Minimum Side Yard Setback: 20 feet.
6.
Minimum Number of Dwelling Units: 60 units.
7.
Maximum Number of Dwelling Units: 80 units.
8.
Maximum Density: 15 units per acre.
9.
Number of Units per Building: 80.
10.
Maximum Lot Coverage: as permitted by CAFRA regulations.
11.
Maximum Building Height: four stories (three stories/35 feet
above BFE).
12.
Ground floor parking will be located below any residential units.
13.
All residential units shall be located on the second floor and
above, set at an elevation above the base flood elevation (BFE) plus
a minimum of two feet of freeboard.
d.
Building Design Requirements.
1.
All buildings shall be constructed with elevator access.
2.
All portions of all buildings shall be provided both heat alarms
and smoke alarms and, except for any outside balconies and attics,
all interior areas of all buildings shall have a "wet" fire suppression
sprinkler system.
3.
Only the following structures may be erected above the actual height
of a building; and such structures shall not exceed more than 10 feet
above the actual height of the building:
4.
All residential dwellings shall be located on the second floor and
above.
e.
Parking and Circulation Requirements.
1.
Off-street parking shall be provided at the minimum ratio of 0.75
spaces per senior apartment unit.
2.
Off-street parking for the Senior Center shall be provided at the
minimum ratio of 1.0 space per 250 square feet of gross floor area.
3.
Parking spaces shall be nine feet by 18 feet in size.
4.
All parking areas and driveways shall be set back at least 10 feet
from all property lines.
5.
Vehicular access shall be provided on all sides of the apartment
building for emergency vehicles.
f.
Permitted Signs.
1.
One ground-mounted monument-type sign identifying the name of each
development shall be permitted. Each such sign shall not exceed 10
feet in height, shall be set back at least 15 feet from all street
and property lines, and shall not exceed an area of 50 square feet
in area. The location of such signs shall not impede sight triangles.
2.
Additionally, information and directional signs, each not more than
three feet in height and 10 square feet in area, shall be permitted
where appropriate and as approved by the Planning Board in order to
guide traffic to its intended destination in a safe and convenient
manner.
g.
Lighting.
1.
Lighting shall be minimal for security and safety purposes, and a
point-by-point lighting plan shall be submitted indicating the location
of the lighting fixtures, the direction of illumination, the wattage
and the foot-candle levels of illumination for each fixture, and the
details of the lighting poles and the luminaries.
2.
The lighting is to be provided by fixtures with a mounting height
not higher than 25 feet, measured from the ground level to the centerline
of the light source.
3.
The lighting fixtures are to include non-glare lights with recessed
lenses focused downward and with "cut-off" shields as appropriate
in order to mitigate adverse impacts upon adjacent and nearby properties,
the safety of traffic along adjacent roadways, and light pollution.
4.
The light intensity provided at ground level shall be indicated in
foot-candles on the submitted plans and shall average not more than
two foot-candles throughout the area to be illuminated.
h.
Landscaping.
1.
The landscaping within the Redevelopment Area shall be conceived
as a total pattern throughout the tract, integrating the various elements
of the architectural design of the buildings and creating an aesthetically
pleasing environment.
2.
The landscaping shall include shade trees, decorative flowering trees,
evergreen trees, shrubs and hedges, ground cover, perennials, and
annuals, and may include other materials such as rock sculpture, art,
walls, fences, and decorative brick or paving materials.
3.
The dollar amount expenditure for the landscaping shall not be less
than the equivalent expenditure for the planting of at least 12 shade
trees of a minimum size as indicated in paragraph 4(a) below per gross
acre of the tract not covered by buildings and other impervious surface,
and sufficient information shall be provided to the Planning Board
to confirm this requirement.
4.
The minimum size of new plants at the time of planting shall be as
follows:
(a)
Shade trees shall have a minimum caliper of 2 1/2 inches
measured by six inches from the ground level, shall have a standing
height of at least 10 feet, and shall be balled and burlapped;
(b)
Decorative flowering trees shall have a minimum caliper of 1 1/4
inches measured six inches from ground level, shall have a standing
height of at least six feet, and shall be balled and burlapped. Decorative
flowering trees shall be well branched, with the branches starting
not less than three feet above the crown of the root system;
(c)
Evergreen trees shall be at least six feet in height at time
of planting and shall be balled and burlapped; and
(d)
Shrubs and hedges shall be at least 18 to 24 inches tall at
time of planting, depending upon and appropriate to the species of
plant.
5.
All plants shall be installed in accordance with the American Nurseryman
Guide, latest edition.
6.
All plant material shall be guaranteed for at least two years and
a written copy of the guarantee executed between the developer and
the nursery of landscape architect installing the plantings shall
be reviewed by the attorney and planner for the Planning Board prior
to the Board granting any final approval.
7.
There shall be full landscape screening between the Redevelopment
Area and adjacent nonresidential properties.
i.
Refuse and Recycling Requirements. An indoor or outdoor area for
the collection and storage of refuse and recyclables shall be provided
as follows:
1.
The dimension of the refuse and recycling area shall be sufficient
to accommodate covered bins or containers which are of adequate size
and number, and which are consistent with anticipated usage and with
current methods of collection in the area in which the project is
located.
2.
The refuse and recycling area shall be well lit and shall be safely
and easily accessible by collection personnel and vehicles. Collection
vehicles shall be able to access the area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the area, and the bins or containers placed therein, against
theft of materials, bins, or containers.
3.
The recycling area, and the bins or containers placed therein, shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered so as to
keep the paper or cardboard dry.
4.
Signs clearly identifying the refuse and recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
5.
A barrier consisting of landscaping and a gated enclosure of at least
six feet in height shall be provided around any outdoor refuse and
recycling area and shall be provided in an aesthetically pleasing
manner.
j.
Storm Resiliency Guidelines. The following storm resiliency guidelines
refer to additional steps that can be taken to better prepare the
Redevelopment Area for extreme weather events:
1.
Where appropriate, the Redevelopment Area shall employ the use of
rain gardens and bioswales to absorb excess stormwater generated by
impervious surfaces on site, provided that the area is capable of
absorbing the stormwater within a twenty-four-hour period of time.
2.
The entire development shall have access to a standby/backup generator
that will provide limited power during service outages. The generator
will be powered by a connection to an existing natural gas service
line, or through the installation of an LPG tank.
3.
Conservation easements shall be designated for drainage and stormwater
rights of way, as well as along ponds, marshes, swamps, and streams
or other watercourses along which drainage rights of way are not required.
The easement shall be reviewed and amended at a minimum of every 10
years by the Borough to reflect geomorphological and hydrologic changes
to the site, including erosion and deposition that extend beyond annual
patterns.
k.
Additional Requirements.
1.
The Redevelopment Area and any project thereon shall be served by
both public water and public sewerage facilities.
2.
Any development in the Redevelopment Area may provide, at no cost
to the Borough of Union Beach, a Senior Citizen Center for use by
the senior citizen residents of the Borough.
3.
There shall be a maintenance staff on site every day, and all residents
shall be provided with a telephone number to receive emergency services
during the evening and overnight hours; the telephone number also
shall be provided to the Union Beach Police Department and the Borough
Administrator.
4.
All provisions within Section 13-8 of the Land Use and Development Regulations, entitled Design Standards and Improvement Specifications, which are not inconsistent with the provisions specified hereinabove, shall govern the design and construction of any development within the Redevelopment Area.
l.
Architectural Design Standards.
1.
Purpose. The purpose of the architectural design standards is to
establish a set of principles and requirements to provide for the
redevelopment of the Redevelopment Area in a manner that is aesthetically
pleasing and provides visual interest. The guidelines work to provide
standards that allow for flexibility and creativity while encouraging
high-quality development.
2.
Design Standards.
(a)
The buildings shall have an architectural scheme with appropriate
variations in design to provide attractiveness to the development.
Such scheme and variations shall be compatible within the development
and in relationship to adjacent land uses.
(b)
Such variations in design shall result from:
(1)
The use of landscaping and the orientation of buildings to the
natural features of the site and to other buildings;
(2)
The orientation to the sun so that solar energy may be utilized;
(3)
The use of different exterior materials;
(4)
Variations in roof lines and roof designs;
(5)
Variations in architectural elements including window types,
shutters, doors, porches, and exterior colors and materials.
(c)
Architectural elevations shall be submitted to the Board for
review and approval.
(d)
All parking facilities shall be located no more than 200 feet
from the nearest entrance of the building they are intended to serve.
Parking spaces shall be provided in areas specifically for parking,
and there shall be no parallel or diagonal parking along interior
streets.
(e)
The buildings shall have adequate access for firefighting purposes.
Sufficient numbers of water hydrants shall be appropriately located,
and no parking shall be permitted in any required "fire zones."
[Ord. No. 2016-244 § 14]
The provisions of the Brook Avenue Redevelopment District shall
prevail in the area shown on the Union Beach Borough Zoning Map and
as an overlay zone to the delineated area of the R-8 Zone on the Zoning
Map.
c.
Area, Yard, and Building Requirements.
1.
Setback from Brook Avenue: 20 feet.
2.
Setback from Rear Lot Line: 30 feet.
3.
Setback from Side Lot Line: 10 feet.
4.
Maximum Number of Dwelling Units: 120.
5.
Parking Spaces Maximum: 250.
6.
Maximum Density: 15 Dwelling Units/Acre.
7.
Maximum Impervious Coverage: as permitted by CAFRA regulations.
8.
Building Height: three stories/ 35 feet above Base Flood Elevation
(BFE).
d.
Residential Design Standards.
1.
Each building shall have an architectural scheme with appropriate
variations in design to provide complementary attractiveness to the
development. Such scheme and variations shall be compatible within
the development and in relationship to adjacent land uses.
2.
Such variations in design shall result from:
(a)
The use of landscaping and the orientation of buildings to the
natural features of the site and to other buildings;
(b)
The orientation to the sun so that solar energy may be utilized;
(c)
The use of different exterior materials;
(d)
Variations in roof lines and roof designs;
(e)
Variations in architectural elements including window types,
shutters, doors, porches, and exterior colors and materials.
3.
Building layout and spacing should be designed to maximize waterfront
views from public rights-of-way.
4.
No unit larger than a three bedroom unit shall be permitted.
5.
All residential units shall have connections for washing machines
and driers.
6.
Each building shall have adequate access for firefighting purposes.
Sufficient numbers of water hydrants shall be appropriately located,
and no parking shall be permitted in any required "fire zones."
7.
Buildings with exterior walls greater than 50 feet in horizontal
length shall be constructed using a combination of architectural features
and a variety of building materials and landscaping near the walls.
Walls which can be viewed from public streets shall be designed using
a variety of architectural features and landscaping, which may include
decorative gardens.
8.
Garages and other areas located below the elevated residential floor
will be designed in accordance with National Flood Insurance Program
(NFIP) Guidelines for storm surge and flooding, including but not
limited to: latticework, insect screening, breakaway walls and flood
protection barriers where appropriate. Solid, basement level walls
are not permitted. Enclosures using breakaway walls should be limited
to minimize flood insurance costs and discourage conversions to habitable
areas.
9.
Buildings shall, to the greatest extent practicable, incorporate
storm protection measures required by the New Jersey Department of
Community Affairs (DCA), such as window coverings, into the proposed
design.
10.
Building construction shall employ durable materials that tolerate
coastal marine conditions.
e.
Multifamily Design Standards.
1.
A storage space with separate access and containing a minimum of
80 square feet of floor area shall be provided for each dwelling unit
in the basement of the building in which the unit is located or in
the garage serving the unit.
2.
Dwelling units located on the ground floor shall be provided with
a private rear yard consisting of a minimum area of 200 square feet.
Such private rear yard shall be enclosed by means of vegetative screening
from all other neighboring dwelling units and private rear yards,
walkways, common recreational facilities, parking lots, driveways
and streets. A minimum of one low-wattage incandescent light fixture
shall be provided to light such area.
3.
Each dwelling unit located above the ground floor level shall be
provided with a private outdoor patio or balcony area consisting of
a minimum of 64 square feet. The minimum length of any individual
dimension of such area shall not be less than six feet. This area
shall be located or recessed inside the outer wall plane of the building
on which it is located. A minimum of one low wattage incandescent
light fixture shall be provided to light such area.
4.
The front elevation of any multifamily residential building shall
have a minimum of four offsets of no less than four feet each for
every 100 feet along the front facade.
f.
Townhouse Design Standards.
1.
Walls visible from a public street, adjacent off-street parking areas
or other residential uses shall include windows and architectural
features similar to the front facade of the building, including, but
not limited to awnings, cornice work, edge detailing or other decorative
finish materials.
2.
Employ features such as stoops, gateways, porches, and weather protection
to enhance the residential quality of unit and building entries, the
visibility of such entries, a comfortable architectural rhythm along
the street, and a human scale.
3.
Each townhouse shall have at least one individual private yard area,
open patio or court adjoining the unit and having a width of at least
10 feet and an area of at least 100 square feet. Each private yard
area, patio, court or deck shall be screened in order to provide a
reasonable degree of privacy.
g.
Community Amenities.
1.
A nonprofit homeowners' association in accordance with the requirements
of the Department of Community Affairs shall own all areas put into
common ownership for common use by all residents.
2.
There shall be a maintenance staff on site every day, and all residents
shall be provided with a telephone number to receive emergency services
during the evening and overnight hours; the telephone number also
shall be provided to the Union Beach Police Department and the Borough
Administrator.
h.
Recreation.
1.
Passive recreation such as pathways, seating areas and natural areas,
in addition to outdoor play equipment shall be provided, suitably
arranged, throughout any multifamily site to service the occupants
of the project.
2.
When adjacent to the waterfront, public access to the waterfront
shall be provided and shall facilitate wheelchair access.
i.
Common Facilities.
1.
Architectural design and materials used in the construction of accessory
buildings shall conform to or complement those used in the construction
of principal buildings.
2.
Concrete walkways shall be provided where normal pedestrian traffic
is likely to occur, including from parking areas to residences.
3.
Accessory buildings for outdoor recreation facilities and maintenance
purposes shall be provided and shall be sufficient to store recreational
and maintenance equipment and supplies, unless it is demonstrated
that the homeowners' association will contract with an outside entity
for the purposes of landscaping and maintenance.
j.
Refuse and Recycling Requirements.
1.
Indoor areas designated for the collection and storage of refuse
and recyclables shall be centrally located in each of the multifamily
dwellings for efficient pickup by collection personnel and vehicles.
2.
The dimension of the refuse and recycling area shall be sufficient
to accommodate covered bins or containers which are of adequate size
and number, and are consistent with anticipated usage.
3.
The refuse and recycling area shall be well lit and shall be safely
and easily accessible by collection personnel and vehicles, without
interference from parked cars or other obstacles.
4.
Signs clearly identifying the refuse and recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
k.
Driveway and Parking Standards.
1.
Parking shall be primarily located underneath dwelling units.
2.
All efforts shall be made to reduce the amount of impervious surface
generated from off-street parking and internal roadways, while maintaining
the integrity of the road surface.
3.
Driveway.
(a)
Where possible, roadways and driveways shall utilize pervious
paving stones.
(b)
In areas highlighted by the developer or the Borough Engineer
to be inappropriate for pervious paving materials, construction shall
utilize either bituminous concrete flexible pavement structure or
a Portland cement concrete rigid pavement structure, or an alternative
material when submitted for approval by the Borough Engineer.
(c)
The widths of internal streets in a multifamily development
designed as a whole in accordance with a comprehensive site plan shall
be determined by the Planning Board and the Redeveloper in light of
the circumstances in the particular situation and with a view to assuring
the maximum safety and convenience of access for traffic and firefighting
equipment, circulation and parking, including provisions for the loading
and unloading of goods.
4.
Parking.
(a)
The maximum number of parking spaces permitted on site is 250.
(b)
Where possible, parking areas shall utilize tiled pervious paving
stones.
(c)
Parking space shall measure nine feet by 18 feet, with the exception
of accessible parking that meets the standards of the Americans With
Disabilities Act (ADA).
(d)
Parking spaces shall be located, whenever possible, underneath
each residential structure to limit impervious coverage and provide
the maximum amount of open space and view corridors on the site.
(e)
All off-street parking areas and internal roadways shall be
paved, bounded by permanent curbing and constructed in accordance
with the Borough of Union Beach road specifications; provided, however,
that, upon recommendation of the borough engineer, the requirement
of curbing may be waived or modified when found not to be needed for
control of stormwater, protection of pavement and similar purposes.
(f)
Development of parking may be phased as development takes place.
If the developer can demonstrate that demand for parking spaces is
less than expected, the developer may request the Planning Board to
waive the total number of spaces, and permit an area to be set aside
as a "parking bank" that can be constructed when needed.
l.
Landscape and Site Design. Landscaping within the Redevelopment Plan
Area shall be conceived as a total pattern throughout the tract, integrating
the various elements of the architectural design of the buildings.
Landscaping includes mixture of elements, signage, lighting, plants
and other materials including rock sculpture, art, walls, fences,
and decorative brick or paving materials.
m.
Signage.
1.
One ground-mounted monument-type sign identifying the name of the
development from the street shall be permitted. This sign shall not
exceed five feet in height, be set back from the street right-of-way,
shall not exceed an area of 10 square feet in area, and shall not
impede sight triangles.
2.
Information and directional signs, each not more than two feet in
height and five square feet in area, shall be permitted where appropriate
and as approved by the Planning Board in order to guide traffic to
its intended destination in a safe and convenient manner.
3.
Ground-mounted monument signs, or wall-mounted signs that identify
the name or number of each building may be permitted, but shall not
exceed more than three square feet in area.
n.
Lighting Requirements.
1.
The use of low-energy lighting shall be utilized whenever possible
to reduce maintenance and energy use.
2.
Outdoor lighting along interior development roads, parking areas,
dwelling entrance ways and pedestrian walks shall be provided with
sufficient illumination to minimize hazards to pedestrians and motor
vehicles utilizing the same, but in no case, shall such lighting be
less than is required to provide a minimum lighting level of 0.5 horizontal
foot candles throughout such areas from dawn to dusk. Where necessary,
lights shall be shielded to avoid glare disturbing to occupants of
the buildings. Lighting shall be so arranged as to reflect away from
all adjoining residential buildings.
3.
Lighting is to be provided by fixtures with a mounting height not
higher than 15 feet, measured from the ground level to the centerline
of the light source.
4.
Floor-level recessed lighting shall be utilized along walkways and
outdoor entryways to minimize light pollution and maximize privacy
to neighboring dwelling units.
o.
Landscape Vegetation.
1.
Vegetation shall provide a natural buffer from coastal flooding,
while creating a visually pleasing environment.
2.
Irrigation systems shall draw from cisterns that collect and reuse
stormwater from rooftops. A backup system that utilizes potable water
is permitted when rainwater collection is insufficient, and must utilize
a "smart" irrigation controller.
3.
Landscape vegetation shall include a mixture of elements, including
shade trees, decorative flowering trees, evergreen trees, shrubs and
hedges, ground cover, perennials, and annuals, and may include other
materials such as rock sculpture, art, walls, fences, and decorative
brick or paving materials.
(a)
The use of native vegetation is encouraged, specifically those
that are tolerant to coastal marine environments, and those specially
attuned to soil stabilization. More flexibility will be given to the
size, design, and layout of these plantings to buffer against coastal
flooding and maximize stormwater absorption. Vegetation that does
not conform to this subsection will be subject to the minimum size
requirements outlined subsection 13-10.18o.5 above.
(b)
The use of sod or similar turf grasses shall not be permitted.
4.
Compliance with subsection 13-10.18.o.3(a) above shall be demonstrated
by the developer through a landscaping plan and testimony to the planning
board about how the landscaping design meets the goals and objectives
of this Redevelopment Plan and subsection 13-10.18.o.2 above.
5.
For proposed vegetation not in compliance with subsection 13-10.18.o.3(a)
above, the minimum size of new plants at the time of planting shall
be as follows:
(a)
Shade trees shall have a minimum caliper of 2 1/2 inches
measured by six inches from the ground level, shall have a standing
height of at least 10 feet, and shall be balled and burlapped;
(b)
Decorative flowering trees shall have a minimum caliper of 1 1/4
inches measured six inches from ground level, shall have a standing
height of at least six feet, and shall be balled and burlapped. Decorative
flowering trees shall be well branched, with the branches starting
not less than three feet above the crown of the root system;
(c)
Evergreen trees shall be at least six feet in height at time
of planting and shall be balled and burlapped; and
(d)
Shrubs and hedges shall be at least 18 to 24 inches tall at
time of planting, depending upon and appropriate to the species of
plant.
6.
All plant material shall be guaranteed for at least two years and
a written copy of the guarantee executed between the developer and
the nursery shall be reviewed by the attorney and planner for the
Planning Board prior to the Board granting any final approval.
7.
The planning board may waive screening along the property line to
maximize waterfront views from the development and the surrounding
neighborhood.
8.
Fence or vegetative screens shall be installed around outdoor utility
boxes and standby generator equipment.
p.
Stormwater Management Requirements.
1.
Stormwater generated from residential rooftops shall be collected
into rain barrels or other collection cisterns for reuse as irrigation.
Rain barrels and collection cisterns will be appropriately screened
with mesh to prevent the influx of debris and insects.
2.
Where appropriate, the site shall employ the use of rain gardens
and bioswales to absorb excess stormwater generated by impervious
surfaces on site, provided that the area is capable of absorbing the
stormwater within a twenty-four-hour period of time.
q.
Storm Resiliency.
1.
The entire development shall have access to a standby/backup generator
that will provide limited power during service outages. The generator
will be powered by a connection to an existing natural gas service
line, or through the installation of an LPG tank.
2.
Conservation easements shall be designated for drainage and stormwater
rights-of-way, as well as along ponds, marshes, swamps, and streams
or other watercourses along which drainage rights of way are not required.
The easement shall be reviewed and amended at a minimum of every 10
years by the Borough, Borough Engineer and the Homeowners Association
to reflect geomorphological and hydrologic changes to the site, including
erosion and deposition that extend beyond annual patterns. The easement
shall be extended to areas of the site subject to future repetitive
loss by the National Flood Insurance Program (NFIP).
[Ord. No. 2016-244 § 16]
The purpose of the Conservation Zone is to preserve the ecological
integrity of areas that serve to buffer the U.S. mainland from storms
and provide important habitats for fish and wildlife.
c.
Area, Yard and Bulk Regulations. Area, yard and bulk regulations
shall be as follows:
1.
The minimum lot area shall be five acres (217,800 square feet).
2.
The minimum lot width and frontage shall be 200 feet.
3.
The minimum lot depth shall be 200 feet.
4.
The minimum front yard shall be 100 feet.
5.
The minimum rear yard shall be 50 feet.
6.
The minimum side yard shall be 50 feet;
7.
The maximum building height shall be 35 feet.
8.
The maximum lot coverage by buildings shall be 10%.
[Ord. No. 2016-244 § 18]
a.
Permitted Uses.
1.
The retail business establishments which are clearly of a neighborhood
service character.
2.
Personal service establishments.
3.
Business, professional, medical, governmental and educational offices
and services.
4.
Restaurants, bars and other eating and drinking establishments, but
not including drive-in restaurants with a minimum lot area of 25,000
square feet. Drive-through food establishments are not permitted.
Outdoor seating is permitted.
5.
Federal, state, county and municipal buildings and grounds, parks
and playgrounds.
6.
Essential services.
7.
Single-family dwellings on lots currently used for single-family
residential dwellings, subject to the same regulations established
for the R-8 Residential Zone. These lots may be enlarged to the extent
necessary to bring them into greater conformity with the requirements
of the R-8 Residential District, but no new single-family dwelling
lots may be created in this district.
8.
Child care centers pursuant to N.J.S.A. 40:55D-66.6 and N.J.S.A.
40:55D-66.7 of the Municipal Land Use Law which are required to be
licensed by the Department of Human Services pursuant to N.J.S.A.
30:5B-1, et seq.
9.
Educational facilities such as music schools, tutoring or special
training but not including private elementary schools.
10.
Apartments over ground level retail sales and services uses,
on lots fronting on Union Avenue, subject to the following standards:
(a)
Density: One dwelling unit per 8,000 square feet of lot area.
(b)
Each second story dwelling shall contain a minimum of 860 square
feet of gross floor area.
(c)
Site plan approval shall be required prior to the issuance of
any building permit to construct a second story dwelling.
(d)
Second story dwellings shall contain at least one bedroom as
a separate room and be limited to a maximum of two bedrooms.
(e)
Parking for Mixed-Use Buildings.
(1)
A minimum of 3.5 parking spaces for every 1,000
square feet of gross commercial floor area shall be provided.
(2)
Parking for residential uses shall comply with
Residential Site Improvement Standards.
(3)
Shared Parking on Adjacent Parcels. When land uses
on adjacent parcels create shared parking areas with pedestrian and/or
vehicular circulation paths and access points that are under common
ownership or controlled by a reciprocal easement agreement, the collective
parking requirements for development on those properties may comply
with the standards set forth in paragraphs (a) and (b) above.
(f)
Shared Parking on Noncontiguous Parcels. Required parking for
mixed-used buildings may be supplied at a noncontiguous parcel, provided:
(1)
Parking is available within 1,000 feet of the mixed-use
development:
(2)
Both the mixed-use development and the parking
facility comply with parking lot design standards;
(3)
Off-site parking spaces may not already be designated
as required parking for some other use.
(4)
Documentation conforming the ownership and/or management
arrangement for any shared parking arrangement shall be submitted
prior to approval by the Planning Board. Properties with extra parking
retain expansion rights equivalent to that number of extra spaces.
(5)
Provided a mixed-use building(s) complies with
off-street parking lot design standards, legal on-street parking along
the tract's street frontage may be counted toward the development's
minimum parking requirements.
(6)
The minimum required number of parking spaces may
be reduced by 25% provided a mixed-use building is within 2,500 feet
of a designated transit stop.
c.
Permitted
Accessory Uses.
3.
Other customary accessory uses and buildings which are clearly incidental
to the principal use and building.
4.
Family day care homes pursuant to N.J.S.A. 40:55D-66.5b of the Municipal
Land Use Law which are conducted in the private residence of a family
day care provider which is registered as a family day care home pursuant
to the "Family Day Care Provider Registration Act," N.J.S.A. 30:5B-16,
et seq.
d.
e.
Area, Yard and Building Requirements.
1.
Residential uses in accordance with R-8 Zone District regulations
and requirements.
2.
For all other uses as follows:
(a)
Minimum Lot Area: 7,500 square feet.
(b)
Minimum Lot Width: 75 feet.
(d)
Minimum Lot Depth: 100 feet.
(e)
Minimum Front Setback: 20 feet.
(h)
Maximum Building Height: 30 feet subject to the provisions of subsection 13-5.12 and further provided that any building shall contain no more than two usable floor levels counted vertically at any point in the building above the grade as determined by the average grade elevation of the corners of the building or from the Federal Emergency Management Agency minimum building elevation if a building is located within a designated floodplain.
(i)
Maximum lot Coverage: 50%.
(j)
Maximum Floor Area Ratio: 1.5.
3.
Rooftop mechanical equipment should be screened from public view
by architecturally compatible materials. Ground level mechanical equipment,
such as air-conditioning equipment, utility boxes and meters, should
be screened by landscaping, walls or fencing.
4.
Building entrances facing a street should be retained. The visual
character of buildings along street frontages and entryways should
be pedestrian friendly and porches should not be enclosed. At no time
should fire escapes be permitted on the front facade of a building.
