[Ord. No. 72-7 § 1]
The title by which this chapter shall be known and may be cited
is The Zoning Regulations of the Borough of Surf City, and it shall
include a map known as the zone map which shall be an integral part
of this chapter.
[Ord. No. 72-7 § 2]
The purpose of this chapter is to protect and encourage the
most appropriate use of land; to lessen congestion in the streets;
to secure safety from the dangers of fire, panic and other dangers;
to insure the provisions of adequate light, air and amenity; to prevent
undue concentration of population and the overcrowding of land; to
conserve the value of property; and to promote the health, safety,
welfare and convenience of the community.
[Ord. No. 72-7 § 3; Ord. No. 85-1; Ord. No.
02-09 § I; Ord. No. 03-09 § II; Ord. No. 2005-05 § 1]
For the purpose of this chapter, certain terms and words are
herein defined. The words "used for" include the meaning "designed
for"; the word "building" includes the word "structure"; the word
"plot" includes "lot".
Shall mean a building housing any use incidental to the principal
use of the land.
Shall mean an accessory building designed or used in whole
or in part as a dwelling, and having an area not more than 3/4 of
the area of the main building.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc), or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a story partly or wholly underground.
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower
as defined herein or any equipment associated with a tower. "Base
station" includes, without limitation, the following.
Equipment associated with wireless communications services such
as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as a backhaul network.
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including DAS and small-cell networks).
Any structure other than a tower that, at the time the relevant
application is filed under this section, supports or houses equipment
described in Subsections a and b which has been reviewed and approved
under the applicable zoning or siting process, or under another state
or local regulatory review process, even if the structure was not
built for the sole or primary purpose of providing that support.
Shall mean the elevation at the center line of the street
on which the plot fronts, as established or to be established by the
Borough.
The lines that connect a wireless provider's or facility
developer's towers and cell sites to one or more cellular telephone
switching offices and/or long-distance providers or the public switched
telephone network.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a building in which not more than five rooms are
used, or intended to be used, for compensation for the lodging of
guests, with meals served to occupants only.
Shall mean a covered passageway extending between a main
and an accessory building and having a permanent floor and a permanent
roof, designed so as to be or become an integral part of the design
of the main building.
Shall mean any structure having a roof supported by columns,
piers or walls, including tents, lunch wagons, trailers, dining cars,
camp cars or other structures on wheels, or having other supports
and an unroofed platform, terrace or porch raised more than eight
inches above the grade of the adjacent yard.
Shall mean the area of the largest floor plan of the building
and any portion of the building extending beyond the foundation wall.
Lot coverage calculations shall exclude the following: entrance steps
to the first floor with incidental landings not to exceed the width
of the stairs, 20 square feet of the top landing, and maximum four-foot
walkways and stairways at least eight feet above grade.
[Amended 12-11-2019 by Ord. No. 2019-17]
Shall mean the vertical distance measured from the basic
grade to the highest point of the roof.
Shall mean a certificate issued by the Construction Official
upon completion of the construction of a new building or upon a change
in the occupancy of a building which certifies that all requirements
of this chapter, or such adjustments thereof which have been granted
by the Board of Adjustment, and all other applicable requirements
have been complied with.
The mounting of one or more wireless communications facilities,
including antennae, on an existing tower-based wireless communications
facility and/or wireless support structure for the purpose of transmitting
and/or receiving radio and digital frequency signals for communications
purposes. To be confirmed as co-location, an applicant must demonstrate
that it qualifies as co-location in accordance with federal and state
law, including, but not limited to N.J.S.A. 40:55D-46.2.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a plot or lot having intersecting street lines
as two or more of its boundaries.
Shall mean an open unoccupied space, other than a yard, on
the same plot with a building.
The need for additional capacity because of inadequate present
capacity or service, dead spots, and inability to place a call.
[Added 5-9-2018 by Ord.
No. 2018-08]
Small areas within a service area where the field of strength
is lower than the minimum level for reliable service or inadequate
capacity exists as determined by expert testimony in accordance with
industry standards.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean an advertising sign or device intended to direct
or point toward a place, or one that points out the way to either
an unfamiliar or a known place that obviously could not be easily
located without such a sign or device.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a structure or structures located on a single
lot designed for two separate residences without regard to the legal
relationship of the occupants in either or both of the living units.
In order for a structure or structures to constitute a duplex, each
living unit or residence must have a separate entrance, separate cooking
facilities and separate complete bathroom facilities. A complete bathroom
facility is defined as having a commode and shower or bath. A separate
outside shower which is capable of being utilized in conjunction with
half bath facilities shall constitute a complete bathroom facility.
Heating capabilities shall not be considered in the determination
of a duplex, as a living unit is capable of being utilized during
the summer without heat.
Shall mean any building or portion thereof which is designed
for or occupied as a residence, except hotels or motels.
Shall mean one or more persons related by blood or marriage
occupying a dwelling unit and living and cooking as a single, nonprofit
housekeeping unit, including servants. This definition shall not include
any society, club, fraternity, sorority, association, lodge, combine,
federation, group, coterie or organization.
The Federal Communications Commission.
[Added 5-9-2018 by Ord.
No. 2018-08]
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
[Added 5-9-2018 by Ord.
No. 2018-09]
Shall mean a yard across the full width of the plot extending
from the front wall of the building to the street line of the plot.
Shall mean a two story building, the first floor of which
is designed and used chiefly for the storage of motor vehicles, and
the second floor of which is designed or used as a dwelling.
Shall mean a building or space designed as accessory to or
a part of the main building which is designed primarily for the storage
of vehicles.
Shall mean any accessory building used in whole or in part
as a dwelling.
Shall mean a story with at least one of its walls formed
by a sloping roof.
Shall mean an occupation carried out on the premises by an
occupant thereof in which there is no display or sale or offer of
sale of goods and services on the premises and no other persons than
occupants employed.
Shall mean an office situated in a dwelling in which is performed
accounting, record keeping, and similar procedures associated with
a gainful occupation pursued off the premises by an occupant of the
dwelling, excluding real estate agencies.
Shall mean a building in which more than five rooms are used,
or intended or designed to be used, for the lodging of guests for
compensation, with or without meals.
Shall mean a lot or plot the sidelines of which do not abut
the street.
Shall mean the area of land contained in any numbered subdivision
of a block as shown on the Official Map of Surf City.
Shall mean the building housing the principal use of the
plot.
A wireless communications facility or site which consists
of a single pole structure, designed and erected on the ground or
on top of a structure to support communications antennae and connecting
appurtenances.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a building or structure which was designed, executed
or structurally altered for a use that does not conform to the use
regulations of the zone in which it is located, or a building or structure
which does not conform to all the height and area regulations of the
zone in which it is located; provided the building or structure was
in all respects a lawful building at the time it was constructed.
Shall mean a lot or parcel which does not have the minimum
width or depth or contain the minimum area for the zone in which it
is located, or the use to which it is being put, and which was in
all respects lawful at the time it was first delineated by deed or
plot plan of public record.
Shall mean a use of a building or of land that does not conform
to the regulations of the zone in which it is located but which use
was in all respects lawful when it was begun.
All non-tower wireless communications facilities, including,
but not limited to, antennae and related equipment.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a permit secured by the purchaser of a dwelling
unit prior to closing of title from the Tax Collector which permit
would indicate the type of use for which the dwelling may be legally
utilized.
Shall mean an off-street space available for the parking
of a motor vehicle and which in this chapter is held to be an area
nine feet wide and 20 feet long.
Shall mean one or more adjoining lots under one ownership.
Shall mean the total area within the boundary lines of a
plot.
Shall mean the mean distance between the front line and the
rear lot line.
Shall mean the lot width shall be determined by measurement
across the rear line of the front yard. When the side lot lines converge
toward the street line, the distance between the side lot lines at
their points of intersection with the street line measured along the
street line shall not be less than 80% of the required minimum lot
width. In the case of lots on the turning circle of a cul-de-sac or
at points of street curvature where the radius of the right-of-way
line of the street (or of a circle approximately following the right-of-way
line and intersecting the foremost points of the side lot lines) is
less than 90 feet, the 80% requirement shall not be less than 20 feet.
Shall mean a sign displayed on the premises occupied by an
individual business, service or commercial enterprise to apprise the
public of the location of the premises and the nature of the products
or services offered thereon.
Any tower, antenna, and/or other wireless communications
support structure that has a construction permit or land use approval
prior to the effective date of this section and including, but not
limited to, any tower, antenna, and/or wireless communications support
structure on property owned, leased, or otherwise controlled by Borough.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean the office of a member of the following recognized
professions only: accountants, architects, chiropractors, dentists,
land surveyors, lawyers, medical doctors, ministers, optometrists,
osteopathic physicians, professional engineers, psychiatrists.
Persons, corporations, or governments supplying gas, electric,
transportation, water, sewer, or landline telephone service to the
general public. The term "public utility," however, shall not mean,
for purposes of this chapter, wireless communications providers and
wireless facility developers.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a yard across the full width of the plot extending
from the rear wall of the building to the rear line of the plot.
The surface of and space above and below any real property
in the Borough in which the Borough, County of Ocean, and/or State
of New Jersey has a regulatory interest, or interest as a trustee
for the public, as such interests now or hereafter exist, including,
but not limited to, all streets, highways, avenues, roads, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, or any other public
place, area, or property under the control of the Borough, County
of Ocean, and/or State of New Jersey, and any unrestricted public
or utility easements established, dedicated, platted, improved, or
devoted for utility purposes, but excluding lands relating to other
than streets that are owned by the Borough, County of Ocean, and/or
State of New Jersey. The phrase "in the right(s)-of-way" means in,
on, over, along, above, and/or under the right(s)-of-way.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a building in which not more than five rooms are
used, or intended to be used, for the lodging of guests for compensation,
without meals.
A freestanding temporary sign, with no moving parts or lights,
no larger than six square feet total sign size; displayed outside
a business, during business hours, to advertise the business, hours
of operation, an event, a promotion, etc., (excluding real estate
signage). It is not intended as permanent business sign. Signs may
not be anchored to the sidewalk, or attached or chained to poles,
newspaper vending boxes, or other structures or appurtenances.
[Added 5-9-2018 by Ord.
No. 2018-09]
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite,
or similar electronic signals.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean a yard between the building and the adjacent side
lines of the lot extending from the front yard to the rear yard.
Shall mean a publicly displayed board, placard, or structure,
lighted or unlighted, including banners and flags, bearing information
by word or picture which is in the nature of identification, announcement,
direction, or advertisement.
Shall mean the area included within the frame or edge of
the sign exclusive of the structure to support it properly, trim and
framing device and any appurtenances required by building codes. Where
the sign has no such frame or edge, the area shall be defined by an
enclosed four sided geometric shape which most closely outlines such
sign.
Shall mean a separate building designed for and occupied
by only one family as a residence.
Signs advertising special events that are erected for a relatively
short period of time, which period shall be terminated upon the conclusion
of the event taking place.
[Added 5-9-2018 by Ord.
No. 2018-09]
Camouflaging methods applied to wireless communications towers,
antennae, and other related facilities which render them more visually
appealing, or blend the proposed facilities into the existing structure
or visual backdrop in such a manner as to render them minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennae, building-mounted
antennae paint to match the existing structure, and facilities constructed
to resemble trees, shrubs, flag poles, utility poles, and light poles.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean that portion of a building included between the
surface of any floor, and the surface of the floor next above it,
or if there be no floor above it, the space between such floor and
the ceiling next above it.
Shall mean a portion of land dedicated to public use for
vehicular and pedestrian travel. (The width of the street includes
sidewalks.)
Shall mean the dividing line between the plot or lot and
the street.
Shall mean anything built, constructed or erected which requires
location on the ground. However, pools shall not be considered structures
or fire pits that are less than 24 inches in height as measured from
the ground and occupy an area of not more than 64 square feet.
[Amended 10-12-2018 by Ord. No. 2018-14]
A modification substantially changes the physical dimension
of a wireless communications support structure and/or base station
if it meets any of the following criteria.
[Added 5-9-2018 by Ord.
No. 2018-08]
Increase in height. An increase in the height of a wireless
communications support structure constitutes a substantial change
A) for structures outside public rights-of-way, if the proposed increase
in height is more than 20 feet or 10%, whichever is greater; and B)
for structures in rights-of-way, the proposed increase in height is
more than 10% or 10 feet, whichever is greater.
Increase in width. An increase in the width of a tower constitutes
a substantial change A) for towers outside public rights-of-way, if
the increase protrudes from the edge of the tower more than 20 feet,
or more than the width of the tower structure at the level of the
new appurtenance, whichever is greater; and B) for towers in rights-of-way
and for all base stations, if the increase protrudes from the edge
of the structure more than six feet.
Increase in equipment cabinets. The addition of equipment cabinets
constitutes a substantial change if it involves installation of more
than the standard number of new equipment cabinets for the technology
involved, or more than four cabinets, whichever is less.
Excavation or deployment outside current site. Excavation or
deployment of equipment outside the current site of the tower or base
station constitutes a substantial change when required for a proposed
co-location.
Defeat of existing concealment elements. If existing concealment
elements of the tower or base station would be defeated by the proposed
co-location, the proposed co-location constitutes a substantial change.
For example, if the proposed co-location would result in an extension
of a camouflaged tree tower which would result in the tower no longer
looking like a tree, the proposed co-location would constitute a substantial
change of the tree tower.
Failure to comply with prior conditions. A substantial change
occurs if the proposed co-location fails to comply with conditions
associated with the prior approval of the tower or base station, unless
such noncompliance is due to an increase in height, increase in width,
addition of cabinets, or new excavation that does not exceed the corresponding
"substantial change" thresholds described above.
Shall mean an opening in the main or principal building of
a retail food establishment used to receive and dispense take-out
food orders.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
[Added 5-9-2018 by Ord.
No. 2018-09]
Shall mean an interior plot or lot, the front line and rear
line of which abut a street.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, and similar wireless telecommunication purposes, including
self-supporting lattice towers or monopole towers. The term shall
also include radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, alternative tower
structures, monopoles, and the like. The term includes the structure
of the tower along with any support thereto.
[Added 5-9-2018 by Ord.
No. 2018-08]
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers, and monopoles. DAS hub facilities are
considered to be tower-based wireless communications facilities.
[Added 5-9-2018 by Ord.
No. 2018-08]
Any telephone pole, public utility pole, electric pole, or
any other pole providing for the maintenance of wires for the distribution
of electricity, telephone signals, telegraph signals, and/or television
signals.
[Added 5-9-2018 by Ord.
No. 2018-08]
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 5-9-2018 by Ord.
No. 2018-08]
Any personal wireless services as defined in the Telecommunications
Act of 1996 ("TCA"), which includes FCC licensed commercial wireless
telecommunications services, including, but not limited to, all FCC-licensed
blackhaul network and other wireless services, broadcast, cellular,
personal communication services, specialized mobile radio, enhanced
specialized mobile radio, paging, and similar services that exist
or that may be developed in the future.
[Added 5-9-2018 by Ord.
No. 2018-08]
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cabling, and coaxial
and fiber optic cable, but excluding wireless communications support
structures.
[Added 5-9-2018 by Ord.
No. 2018-08]
The antennae, nodes, DAS, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, base station, small cell system, tower,
wireless communications support structure, and other equipment used
for the purposes of transmitting, receiving, distributing, providing,
or accommodating wireless communications services.
[Added 5-9-2018 by Ord.
No. 2018-08]
A structure that is designed to support, or is capable of
supporting, wireless communications facilities and equipment, including,
but not limited to, a tower, water tower, or utility pole.
[Added 5-9-2018 by Ord.
No. 2018-08]
Shall mean an open, unoccupied space on the same plot with
a building, open and unobstructed from the ground to the sky, except
as otherwise provided herein.
[Ord. No. 72-7 § 4A; Ord. No. 02-01 §§ 1, 2]
The Borough is hereby divided into four zones as hereinafter
described and as shown on the official zoning map which, together
with all explanatory matter thereon, is hereby adopted by reference
and declared to be part of this chapter.
a.
B — Business Zone. The Business Zone shall comprise the area
on both sides of Long Beach Boulevard to a depth of 100 feet from
the street lines of the Boulevard between the center line of South
Third Street and the centerline of Twenty-Fifth Street, except in
Blocks 17, 18, 24 and 25, in which four blocks the depth of the Business
Zone shall be 130 feet northwest of the northwest street line of the
Boulevard, as shown on the zone map.
b.
RA — Residential Zone. The RA Residential Zone shall comprise
all lands in the Borough not located in the Business Zone or the RAA
Residential Zone.
c.
RAA — Residential Zone. The RAA Residential Zone shall comprise
all those lands situated within the Borough lying west of Shore Avenue
as shown on the Map No. 3 of the lands of Long Beach City Land Company
filed in the Ocean County Clerk's Office on November 21, 1887 as Map
No. C-255 and File Map No. H-55, the lands being commonly known as
"Lazy Point."
d.
MC — Municipal Complex Zone. The MC Municipal Complex Zone
shall comprise all lands situated in Block 25, except for Lot 1.
[Ord. No. 72-7 § 4B]
The official zoning map shall be identified by the signature
of the Mayor, attested by the Borough Clerk and bearing the seal of
the Borough under the following words: "This is to certify that this
is the Official Zoning Map referred to in Section 4 of the Ordinance
No. 72-7, of the Borough of Surf City, New Jersey", together with
the date of the adoption of this chapter.
If, in accordance with the provisions of this chapter and N.J.S.A.
40:55-30, et seq., changes are made in zones and boundaries or other
matter portrayed on the official zoning map, such changes shall be
made on the official zoning map promptly after the amendment has been
approved by the Mayor and Council, together with an entry on the official
zoning map as follows: "On (date), by official action of the Mayor
and Council, the following change(s) were made in the Official Zoning
Map: (brief description of nature of change)", which entry shall be
signed by the Mayor and attested by the Borough Clerk.
No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided under § 30-16 of this chapter.
Regardless of the existence of purported copies of the official
zoning map which may from time to time be made or published, the official
zoning map which shall be located in the office of the Borough Clerk
(or other place easily accessible to the public) and shall be the
final authority as to the current district delineation of land and
water areas, buildings, and other structures in the Borough subject
to changes by amendment not yet entered thereon.
[Ord. No. 72-7 § 4C]
In the event that the official zoning map becomes damaged, destroyed,
lost or difficult to interpret because of minor changes and additions,
a new official zoning map which shall supersede the prior official
zoning map may be prepared at the direction of the Borough Clerk and
duly authenticated. The new official zoning map may correct minor
drafting or other minor errors or omissions in the prior official
zoning map, but no such correction shall have the effect of amending
the original Zoning Ordinance or any subsequent amendment thereof.
Any major change in the official Zoning Map originally adopted by
the Borough by ordinance shall be effectuated by an amendment to that
ordinance. The new official zoning map shall be identified by the
signature of the Mayor, attested by the Borough Clerk and bear the
seal of the Borough under the following words: "This is to certify
that the official zoning map, (date), supersedes and replaces the
official zoning map adopted (date of adoption of map being replaced)
as part of Ordinance No. 72-7 of the Borough of Surf City, New Jersey."
[Ord. No. 72-7 § 5A]
Any lot created for commercial use in the Business Zone shall
have a minimum area of 5,000 square feet and a minimum frontage of
50 feet.
[Ord. No. 72-7 § 5B; Ord. No. 79-3 § 1; Ord. No. 03-17 § I]
a.
All uses and buildings permitted in any residential zone, provided
that any plot used solely for residential purposes or combined commercial-residential
use shall comply with the area, yard and all other requirements of
the RA Residential Zone.
b.
Retail stores and service facilities which supply commodities and
services which are limited to the following:
1.
Antique shops.
2.
Bakeries.
3.
Banks.
4.
Barber shops.
5.
Beauty parlors.
6.
Clothing stores.
7.
Delicatessens.
8.
Drug stores.
9.
Dry cleaners.
10.
Electrical appliance and supplies stores.
11.
Furniture stores.
12.
Gift shops.
13.
Grocery stores.
14.
Haberdasheries.
15.
Hardware stores.
16.
Luncheonettes.
17.
Meat markets.
18.
Office buildings.
19.
Pet shops.
20.
Real estate offices.
21.
Restaurants.
22.
Sport and fishing equipment stores.
23.
Supermarkets.
24.
Variety stores.
25.
Parking lots, Borough or privately owned and operated.
26.
Building and plumbing supplies stores with yards for material and
equipment.
27.
Liquor stores and bar rooms, licensed.
28.
Fitness
facility.
[Added 12-11-2019 by Ord. No. 2019-17]
29.
Technology
sales, supplies and service.
[Added 12-11-2019 by Ord. No. 2019-17]
c.
Automobile service stations and public garages are permitted provided
the following standards and conditions are complied with:
1.
A set of plans, specifications and plot plans shall be submitted
to the appropriate approving authority together with an application
for a conditional use permit in accordance with the provisions of
the land use procedure chapter and the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. as amended and supplemented. The approving authority
shall grant or deny the application for a conditional use permit in
accordance with the provision of this chapter, the land use procedure
chapter, and the Municipal Land Use Law.
2.
No service station shall be located within 200 feet of a school,
hospital, church, museum, public library or institution, nursing home,
theater, club or place or public assembly having a capacity of more
than 100 persons.
3.
No new service station may be constructed on a parcel of land where
any part of that parcel is closer than 1,500 feet to any pre-existing
service station.
4.
Dismantled or damaged vehicles, automobile parts, and similar articles
are to be stored within a building, except that such an article may
temporarily be stored outside on the premises for a period not to
exceed 30 days.
5.
A solid fence not less than six feet in height shall be erected and
maintained along the entire length of side and rear property lines.
d.
Combined residential and commercial use. No individual building lot
in the Business Zone shall be used for more than one commercial establishment
and one living unit.
e.
Any proposed additions or new construction with regard to building
in this zone shall be accompanied with a set of plans and specifications
scaled by an architect or professional engineer licensed by the State
of New Jersey. Whether temporary or permanent, any building or storage
shed separate from the main building shall comply with the existing
Building Code.
f.
Seating.
[12-10-2003 by Ord. No. 03-17; amended 9-12-2018 by Ord. No. 2018-13; 3-13-2019 by Ord. No. 2019-06]
1.
All approved restaurants and food service establishments shall be
entitled to the following, subject to the enumerated restrictions:
(a)
Two tables or a counter with no more than eight seats or stools
located on the inside or the outside of the business.
(b)
Outdoor tables and chairs which shall not exceed 15% of the
previously approved indoor seating with a maximum of six tables with
24 seats and a minimum of two tables with no more than eight chairs.
(1)
The following conditions shall apply to the permitted outdoor
seating:
(i)
All use of outdoor seating shall cease by 10:00
p.m. unless otherwise fixed by resolution.
(ii)
Outdoor seating shall only be permitted in the
Business Zone.
(iii)
Outdoor seating shall be located entirely within
the property boundary lines and shall not impede ingress, egress or
parking. Tables and chairs shall be secured while the business is
closed or during times of inclement weather.
2.
Any business establishment wishing to utilize the provisions of this
section shall be required to apply for an annual license on an application
provided by the Municipal Zoning Official subject to the following
conditions:
(a)
Said application shall be submitted no later than April 30th
of each year and shall include a $50 fee, a survey or final site plan
and a photograph showing the proposed location of the seating.
[Amended 5-13-2020 by Ord. No. 2020-03]
(b)
Upon review as to compliance with the terms of this section,
a license will be issued for a period of one year.
(c)
An application hereunder shall be denied if the business has
been found to be in violation of any provisions herein during the
previous year.
Under no circumstances shall any seats in combination with tables,
which may currently be in place, be considered to be grand fathered
unless same have been given appropriate Land Use Board approval prior
the introduction of this subsection.
Outside seating utilized for customer waiting only may be permitted
provided said seats are not used in conjunction with any type of table
and are located entirely within the property lines and do not impede
ingress, egress or parking.
Freestanding umbrellas may be utilized with permitted outside
tables provided the umbrellas are freestanding, securely anchored
and are no larger in diameter then the table to which the umbrella
is utilized. No umbrella shall encroach in any walkways or create
a safety hazard. All umbrellas shall be closed and secured while the
business is closed or during times of inclement weather.
[Ord. No. 72-7 § 5C]
[Ord. No. 72-7 § 5D]
a.
The enclosed ground floor of any building in this zone shall not
be less than 720 square feet.
b.
The length of the building wall adjacent to any street shall not
be less than 20 feet.
c.
No building in this zone shall exceed 35 feet in height above the
established basic street grade.
d.
Combination commercial and residential use. In addition to the area
of 720 square feet used for the purpose of commercial use, there shall
be a minimum of 720 square feet devoted to residential use.
[Ord. No. 72-7 § 5E]
a.
The minimum depth of the front yard shall be 10 feet.
b.
Side Yard. Commercial buildings are permitted to be built upon the
property line providing a firewall is erected thereon; otherwise,
the side yard shall be a minimum of five feet from the property line.
c.
A side yard abutting a street shall not be less in width (or depth)
than the width (or depth) of the front yard required on the adjoining
lot on that street.
d.
When the rear lot line abuts either a residential lot or a street
20 feet or less in width, a rear yard with a minimum depth of five
feet is required.
[Ord. No. 72-7 § 5F]
There shall be provided at the time of erection or enlargement
of any principal building or structure minimum off-street parking
space with adequate provision for ingress and egress as follows:
a.
Churches, meeting halls, school auditoriums and similar places of
public assembly, one parking space for each 10 units of seating capacity.
b.
Commercial building, except office buildings and restaurants, two
parking spaces for each 600 square feet of floor space, and in addition,
one parking space for each person employed.
c.
Office buildings, two parking spaces for each office suite, and in
addition, one parking space for each person employed.
d.
Restaurants, one parking space for each five seats, and in addition,
one parking space for each person employed.
e.
Combination commercial-residential use, parking spaces shall be available
according to the requirement for the particular commercial use plus
two additional parking spaces for the living unit.[1]
[1]
Editor's Note: Former Subsection f, allowing parking spaces
in lots within 300 feet of the building to partially fulfill this
requirement, was repealed 12-11-2019 by Ord. No. 2019-17.
f.
Parking spaces available in municipally or privately operated parking
lots within 300 feet of the building may be considered in partial
fulfillment of this requirement.
[Ord. No. 2005-05 § 2]
Take-out windows are permitted in the Business Zone in accordance
with the following:
a.
Take-out windows shall not exceed four feet in height and six feet
in width for a total area of 24 square feet.
b.
There shall not be more than one take-out window for each main or
principal building.
c.
A take-out window on a front or side yard abutting a street shall
have a minimum depth of 10 feet from the building line to the street.
Take-out windows shall not be permitted abutting the rear yard.
d.
Take-out windows shall not be permitted on any side or rear yard
abutting property in the Residential Zone.
[Ord. No. 72-7 § 6A]
Any plot created for residential use in the RA Residential Zone
shall have a minimum area of 5,000 square feet and minimum frontage
of 50 feet.
[Ord. No. 72-7 § 6B; Ord. No. 79-7; Ord. No.
98-6 § I; Ord. No. 98-12 §§ I — III]
a.
Single family dwellings.
b.
Two-family detached duplex dwellings, provided the plot on which
the duplex dwelling is erected has a minimum area of 10,000 square
feet of upland ground with a minimum frontage of 100 feet.
c.
Public parks and public playgrounds.
d.
Municipally owned and operated public utilities.
f.
Professional and home offices only when in single-family dwellings as defined in § 30-3 of this chapter.
g.
Accessory Uses and Buildings.
1.
Garage or group of garages for not more than three vehicles.
2.
Greenhouse.
3.
Garage apartment, when built in conjunction with single-family dwellings
and providing its ground floor area does not exceed 75% of the ground
floor area of the main building on the plot, and further providing
that the plot on which it is erected has a minimum area of 10,000
square feet and a minimum frontage of 100 feet.
h.
Marinas shall be permitted as a conditional use.
1.
Application Procedure. No zoning and/or construction permit or Certificate
of Occupancy shall be issued for a conditional use as permitted by
N.J.S.A. 40:55D-1 et seq., and the Revised General Ordinances of the
Borough of Surf City, until approval by the Planning Board. An application
for a conditional use shall be reviewed by the Planning Board professionals
for a determination of completeness. No application for a conditional
use shall be listed for a public hearing until the Planning Board
and/or the Board's professionals have deemed the application complete.
A set of plans and specifications showing all structures, wharfs, berth layout, fuel storage and dispensing system and any and all outside storage or display of any items for any purposes, as set forth in Subsection g as referenced below, and parking areas shall be submitted to the Planning Board with an application for a conditional use permit.
The Planning Board shall approve or deny conditional uses simultaneously
with site plan or subdivision review. The Board shall follow the procedures
outlined for review in the Revised General Ordinances of the Borough
of Surf City and N.J.S.A. 40:55D-1 et seq.
Public notice and a public hearing shall be required. Notification
of all property owners within 200 feet of the proposed site shall
be notified by the applicant by mail. Applicants shall effectuate
notice pursuant to the Municipal Land Use Law. (N.J.S.A. 40:55D-12)
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities, and building and structure location(s) and orientation(s), and any and all outside storage or display of any items for any purposes, as set forth in Subsection g as referenced below. Conditional uses shall completely comply with the special requirements listed below.
2.
Special Requirements for Marinas.
(a)
The lot for such purpose shall have not less than 200 feet measured
continuously along and abutting the waterline in a straight line.
(b)
Any portion of the lot utilized in conjunction with the marina
use, including parking, shall not extend more than 200 feet measured
perpendicular to the straight line established under Subsection a2(a).
(c)
Off-street parking shall be provided at a rate of 1 1/2
spaces for every dock space berth. Additionally, one space for every
two persons based upon U.S. Coast Guard approved capacity of the following
vessels. Commercial party boats, commercial head boats, commercial
fishing vessels, commercial sport fishing vessels, commercial dinner
boats, commercial site seeing vessels, commercial tour vessels and
all other similar vessels.
(d)
All fuel storage and dispensing shall be registered and approved
by N.J.D.E.P. and proper certifications shall be provided.
(e)
Marina shall be provided with a N.J.D.E.P. approved vessel waste
pump-out facility.
(f)
(g)
Any and all outside storage or display of any items for any
purposes, including, but not limited to, any items for sale, rent,
display or customer storage, including, but not limited to, boats,
vessels, jet skis, kayaks, sail boats, whether motorized or self propelled,
shall be limited to 12 feet high above the grade of the adjacent ground.
In addition, no outside storage or display for any purpose shall be
located any closer than 12 feet to any property line.
3.
Definitions.
(a)
MARINA – Shall mean a waterfront facility used for the
dockage (wet or dry) or moorage of vessels for which any fee is charged
including but not limited to dockage or moorage fees.
A waterfront facility used for the dockage (wet or dry) or moorage
of vessels that offers the sales of goods (including fuel) and services
related to marine activities and marinas, including but not limited
to, the sales, rental and/or service of vessels, engines, vessel supplies
and fishing equipment, whether or not any fee is charged for dockage
or moorage.
(b)
VESSELS – Shall mean a craft used or capable of being
used, in navigation on water including, but not limited to, commercial
and noncommercial, ships, boats, vessels, jet skis, kayaks, sail boats/ships,
whether motorized, wind-driven or self-propelled.
i.
Off-street parking in conjunction with the operation of a contiguous
commercial use shall be reviewed by the Borough Planning Board under
guidelines established by the Master Plan update adopted by the Borough.
The applicant for such off-street commercial parking shall submit
a site plan to the Planning Board for their review with recommendations
made to the Borough Council prior to the issuance of a permit authorizing
such off-street parking. The Council shall have the final responsibility
by the adoption of a resolution pertaining to the issuance of such
a permit. The Council, within its discretion, may accept, reject,
or modify such recommendations as made by the Planning Board to the
Council.
j.
Prior to the issuance of a building permit for any structure requiring
a minimum area of 10,000 square feet and a minimum frontage of 100
feet, the owner thereof shall execute and deliver a notarized affidavit
declaring the parcel to be one buildable lot unless the parcel has
previously been subdivided as a single parcel. The affidavit shall
be filed in the office of the Construction Official and shall become
a part of the permanent records of the Borough.
[Ord. No. 72-7 § 6C]
[Ord. No. 72-7 § 6D; Ord. No. 79-6; Ord. No.
90-16 § 1; Ord. No. 2007-5 § I; Ord. No. 2017-02; Ord. No. 2017-08]
a.
The enclosed ground floor area of any main building in this zone
shall be not less than 720 square feet with a minimum measurement
of 20 feet adjacent to any street.
b.
The maximum height of the main building shall be no more than 33
feet above the elevation of the center line of the street upon which
the lot fronts. The minimum finished grade elevation for newly constructed
and substantially improved buildings (as defined), including the slab,
shall not be lower than one foot above the centerline of the street.
The minimum finished grade elevation for existing dwellings, including
the slab, shall not be lower than four inches above the edge of the
pavement of the street. For the purposes of this section, existing
dwellings shall mean dwelling units for which an original certificate
of occupancy has been issued prior to the effective date of this ordinance.[1]
[Amended 5-13-2020 by Ord. No. 2020-03; 4-14-2021 by Ord. No. 2021-07]
|
Exceptions:
|
1.
The maximum
height of a building shall be no more than 34 feet above the average
finished grade (excluding designated driveways) provided the grade
elevation is a minimum of 24 inches and no more than 30 inches above
the centerline of the street upon which the lot fronts.
2.
Buildings
on lots which are crossed by the oceanfront building line shall not
exceed 34 feet in height from an elevation determined by striking
a line, perpendicular to the building line, at the elevation thereof
and running to the lot elevation at the setback line at the opposite
side of the lot from the building line. The thirty-four-foot height
limitation is to be measured from the elevation established at the
midpoint in the line so struck between the building line and the opposite
side setback line.
3.
Chimneys
may exceed the height limitations, herein established.
[1]
Editor's Note: Ord. No. 2021-07 was adopted 4-14-2021.
d.
The maximum height of any accessory building in this zone shall be
one story on 15 feet at the center peak. The roof shall be a continuous
slope with no interruptions or dormers. The side walls shall not exceed
10 feet above the established basic street grade.
e.
All buildings, including accessory buildings, shall not cover more
than 35% of the area of the plot on which they are erected.
g.
The following may exceed the height limitations herein established:
Chimneys, railings and temporary decorative ornaments, including,
but not limited to weather vanes.
[Ord. No. 72-7 § 6E]
a.
On each plot in this zone, the following front, side and rear yards
shall be established at the time of the erection of any main building.
1.
A front yard with a minimum depth of 10 feet.
2.
Side yards with minimum widths of five feet on one side of the main
building and 10 feet on the other side.
3.
A rear yard with a minimum depth of five feet.
4.
On a corner plot the yards adjacent to the intersecting streets shall
not be less in width (or depth) than the depth of the front yards
required on those streets.
b.
No accessory buildings shall be erected or altered so as to encroach
upon the front, side or rear yards required by this chapter, except
that a detached garage used solely for garage purposes and erected
five feet from the rear line of the plot, may if necessary for accessibility,
encroach on a side yard, but may not reduce the width of the side
yard to less than five feet.
c.
A chimney or fireplace may project not more than 21 inches into the
required five-foot yard only.
d.
Ornamental uncovered entrance steps and platform, may extend into
the front yard five feet but not exceed 25 square feet in area.
[Ord. No. 72-7 § 6F]
There shall be provided at the time of erection or enlargement
of any principal building or structure minimum off-street parking
space with adequate provision for ingress and egress as follows:
a.
Two parking spaces for each dwelling unit on the plot.
b.
Churches and clubhouses, one parking space for each 10 units of actual
or potential seating capacity.
c.
Professional offices of chiropractors, dentists, medical and osteopathic physicians and optometrists, in addition to those required by Subsection a above, three parking spaces plus one for each employee.
e.
Marinas, one parking space for each boat berth and mooring. Shore
area utilized for dry winter storage may, if adequate and accessible,
be considered as parking area when boats are not stored thereon.
[Ord. No. 72-7 § 7A; Ord. No. 95-2]
Any plot created for residential use in the RAA Residential
Zone shall have a minimum area of 6,000 square feet and a minimum
width of 55 feet.
a.
There shall be no further subdivision, reconfiguration, or relocation
of lot line boundaries, of any lots in the RAA Zone that are known
and designated on a map entitled "Final Map of Lazy Point in the Borough
of Surf City, Ocean County, New Jersey, dated February, 1969", prepared
by Fernandez, Jorlett, Kief and Tracey, and filed in the Ocean County
Clerk's Office on April 30, 1970, as Map #H-55" notwithstanding the
fact that such a subdivision, reconfiguration or relocation of lot
line boundaries may comply with the required minimum lot area and
frontage requirements of this chapter.
[Ord. No. 72-7 § 7B; Ord. No. 95-2]
a.
Single detached one-family dwellings.
[Ord. No. 72-7 § 7C]
Any uses and buildings not listed in Subsection 30-7.2 of this section.
[Ord. No. 72-7 § 7D; Ord. No. 78-11; Ord. No.
2017-02; Ord. No. 2017-08]
a.
The enclosed ground floor area of any main building in this zone
shall be not less than 900 square feet, exclusive of open or covered
porches or patios.
b.
The maximum height of the main building shall be no more than 33
feet above the elevation of the center line of the street upon which
the lot fronts. The minimum finished grade elevation for newly constructed
and substantially improved buildings, including the slab, shall not
be lower than one foot above the centerline of the street. The minimum
finished grade elevation for existing buildings, including the slab,
shall not be lower than four inches above the edge of the pavement
of the street. For the purposes of this section, existing dwellings
shall mean dwelling units for which an original certificate of occupancy
has been issued prior to the effective date of this ordinance[1].
[Amended 5-13-2020 by Ord. No. 2020-03; 4-14-2021 by Ord. No. 2021-07]
|
Exceptions:
|
1.
The maximum height of a building shall be no more than 34 feet above
the average finished grade (excluding designated driveways) provided
the grade elevation is a minimum of 24 inches and no more than 30
inches above the centerline of the street upon which the lot fronts.
2.
Buildings on lots which are crossed by the oceanfront building line
shall not exceed 34 feet in height from an elevation determined by
striking a line, perpendicular to the building line, at the elevation
thereof and running to the lot elevation at the setback line at the
opposite side of the lot from the building line. The thirty-four-foot
height limitation is to be measured from the elevation established
at the midpoint in the line so struck between the building line and
the opposite side setback line.
3.
Chimneys may exceed the height limitations, herein established.
[1]
Editor's Note: Ord. No. 2021-07 was adopted 4-14-2021.
c.
The maximum height of any accessory building in this zone shall be
one story or 15 feet at the center peak with side walls not to exceed
10 feet above the established basic street grade.
d.
The combined total ground floor area of all structure(s) on the plot
shall not exceed 35% of the area of the plot.
[Amended 12-11-2019 by Ord. No. 2019-17]
f.
The following may exceed the height limitations herein established:
Chimneys, railings and temporary decorative ornaments, including,
but not limited to weather vanes.
[Ord. No. 72-7 § 7E]
a.
On each plot in this zone, the following front, side, and rear yards
shall be established at the time of the erection of any main building:
1.
A front yard with a minimum depth of 20 feet. When the street line
is curved, the rear line of the front yard shall follow the curvature
of the street, and no part of the building shall be closer than 20
feet to the street line at any point, except as hereinafter provided.
2.
Side yards with minimum widths eight feet on one side and 12 feet
on the other.
3.
A rear yard with a minimum depth of 10 feet.
4.
On a corner plot, the yards adjacent to the intersecting streets
shall not be less in width (or depth) than the depth of the front
yards required on those streets.
b.
No accessory building shall be erected or altered so as to encroach
upon the front side or rear yards except that a detached garage used
solely for garage purposes and erected in the rear of the plot may,
if necessary for accessibility, encroach on a rear or side yard, but
may not reduce the width of either the rear or side yards to be less
than five feet.
c.
A chimney or fireplace may project not more than 21 inches into any
yard.
d.
Ornamental uncovered entrance steps and platform together not exceeding
five feet by five feet or 25 square feet, may extend into the front
yard only.
[Ord. No. 72-7 § 7F]
There shall be provided at the time of erection or enlargement
of any principal building or structure minimum off-street parking
space with adequate provision for ingress and egress as follows:
[Ord. No. 02-01 § 3]
The MC Zone has been created to contain municipal buildings
and uses including, but not limited to, municipal governmental offices
and buildings; Police, Fire, and other emergency services; public
schools and training facilities; housing for municipal employees and/or
equipment; and communications equipment, facilities, towers and antennas.
[Ord. No. 72-7 § 8A; Ord. No. 79-5]
b.
Regulations. Any buildings constructed on an ocean front plot shall
comply with the following conditions and regulations:
2.
An ocean front plot is deemed to front upon the beach and dune area,
and no front yard is required.
3.
When the rear of an ocean front lot abuts an existing approved street,
a rear yard of 10 feet in depth, measured from the east line of the
street, shall be provided.
4.
When the rear line of an ocean front lot coincides and abuts a public
or private right-of-way, access road, easement or adjoining lot, the
rear yard of an ocean front lot shall be five feet in depth.
5.
In all other respects, the regulations, requirements, and conditions
of the RA Residential Zone shall apply.
[Ord. No. 72-7 § 8B]
a.
Definition. A bay front lot or plot is one having one or more property
lines, excluding the boundaries of a riparian grant, extending to
or coinciding with an existing bulkhead, an established bulkhead line
or the high water line on the shores of Manahawkin Bay.
b.
Regulations. All buildings constructed on a bay front lot in the
RA or RAA Residential Zones shall comply with the following regulations
and conditions.
1.
In the RA Residential Zone only, a bay front lot is deemed to front
upon the bay, and no front yard is required except as outlined in
Subsection b4 below.
2.
In the RAA Residential Zone only, a bay front lot adjoining a street
is deemed to front upon the street and shall have a front yard 20
feet in depth.
3.
In the RA Residential Zone, when the rear of a bay front lot abuts
a street, a public or private right of way, access road or easement,
a rear yard 10 feet in depth not including the width of the street,
right of way, access road or easement, shall be provided.
4.
In any zone, no building shall be erected within 20 feet of an existing
bulkhead. Those structures that were in existence prior to August
11, 1972, shall be permitted to be altered, repaired or replaced but
not enlarged so that the building enlargement would come any closer
to the bulkhead than existed prior to the enlargement.
5.
In all other respects, the regulations, requirements and conditions
of the zone in which the plot is located shall apply.
[Ord. No. 72-7 § 9A; Ord. No. 2016-05]
As used in this section:
Shall mean any freestanding structure not exceeding eight inches in width and of any height in accordance with Subsection 30-9.2, constructed of wood, metal, masonry, or plastic and erected on a plot within six inches of the property lines, or elsewhere on a plot for sundry specific purposes.
Shall mean as indicated in § 30-8 of this chapter.
[Ord. No. 72-7 § 9B; Ord. No. 84-11]
a.
In the RA and RAA Residential Zones, fences may be erected as described
in the following:
1.
A fence of any type not over four feet in height along any property
line, or elsewhere on the plot.
2.
A chain link fence not exceeding eight feet in height may be used
to enclose the yard of a school, playground, park or a plot occupied
by a municipally owned and operated public utility or other facility.
3.
A chain link fence not exceeding 14 feet in height may be used to
surround, in whole or in part, a tennis or handball court.
4.
Trees, shrubs and other plants are permitted in required yards, provided
they do not produce a hedge exceeding the heights permitted in Subsection
a1 above.
5.
A solid screening fence not exceeding eight feet in height may be
erected along the boundary line between any RA or RAA Residential
Zone and any Business Zone.
b.
In the Business Zone, fences may be erected as described in the following:
1.
Fences of the types and heights and in the locations permitted in
the RA and RAA Residential Zones.
2.
A solid screening fence not exceeding eight feet in height may be
erected along the rear boundary.
3.
A chain link fence not exceeding eight feet in height may be erected
surrounding any yard in which building or plumbing materials or equipment
is stored.
[Ord. No. 72-7 § 9C]
b.
On corner plots in all zones, shrubs or trees planted at or near
the corner formed by the intersecting street line shall not, by height
or other characteristic, obstruct visibility of traffic on the intersecting
streets.
[Ord. No. 72-7 § 9D; Ord. No. 90-21 § 1; amended 5-9-2018 by Ord. No. 2018-07; 12-14-2022 by Ord. No. 2022-13]
An application for a permit, accompanied by an application fee
of $50, shall be made to the Zoning Officer; and a permit must be
obtained prior to the erecting of any fence in any zone.
[Ord. No. 72-7 § 10A; Ord. No. 82-4; Ord. No.
2016-05]
No signs, billboards, advertising structures or similar items
are permitted in RA and RAA Residential Zones except as follows:
a.
Street signs erected by the Borough or County at public or private
streets, lanes or drives.
b.
One lighted or unlighted professional office announcement sign of
over one square foot in area for each dwelling containing such office
in the RA Residential Zone only.
c.
One lighted or unlighted sign, permanent announcement or bulletin
board not over 20 square feet in area for each church, school, museum
or similar public use, plus signs not over four square feet in area
to provide directions to specific buildings, entrances and off-street
parking area.
d.
A name plate not over one square foot in area containing only the
name of the establishment or its occupant.
e.
On improved, unimproved or vacant plots, one real estate sign not
over 4 1/2 square feet in area, bearing a sale message exhibited
thereon by the owner of the plot or by a real estate broker; it being
the express intention to permit no more than one such sign to be exhibited
on the plot at any time.
[Amended 7-11-2018 by Ord. No. 2018-10]
f.
Directional signs for public buildings, schools, churches and museums
where the foregoing are permitted uses, provided that each such sign
shall not be over six square feet in area, and each such use shall
have not more than two such signs.
g.
During the construction, repair or remodeling of a single building
one sign may be maintained on the premises by each of the contractors
or subcontractors working thereon, provided each sign does not exceed
six square feet in area and further provided all signs are removed
within 48 hours of the termination of the work or construction as
determined by the Construction Official.
h.
The area of the trim or framing device of any sign shall not exceed 10% of the sign area as defined in § 30-3.
i.
Lighted signs, where permitted, shall not include exposed bulbs or
tubings, or flashing lights.
j.
A sign bearing a message of political expression which includes,
but is not limited to any fair comment of any matter of public interest,
political speech or political expression is not included to mean commercial
speech tied to commercial uses. The sign shall not exceed 12 square
feet in area and no single dimension shall exceed six feet.
k.
The Ocean County Library shall be permitted any one sign or the total
combined areas of two signs not to exceed 40 square feet. Such sign
may be unlighted, lighted, illuminated, digital or neon.
No lighted, illuminated, digital or neon sign shall be of such
color or located in such a fashion as to diminish or detract in any
way from the effectiveness of any traffic signal or similar safety
or warning device.
No sign shall have flashing lights or exposed high-intensity
illumination.
[Ord. No. 72-7 § 10B; Ord. No. 87-14 § 1; Ord. No. 2016-05; amended 5-9-2018 by Ord. No. 2018-09]
No signs, billboards, advertising structures, flags, sandwich
boards, banners, or similar items are permitted in the Business Zone,
except as follows:
b.
Separately fabricated lighted or unlighted point of sale signs attached
to a building or mounted on a separate support on the premises apart
from the building are permitted provided that:
1.
There shall be on any parcel or use not more than two such signs
except an additional illuminated, digital or neon sign, not exceeding
16 square feet.
2.
The area of any one sign or the total combined areas of all signs
shall not exceed 48 square feet.
3.
The horizontal or vertical dimensions of any one sign, or the horizontal
dimensions of two signs when added together, or the vertical dimensions
of two signs when added together shall not exceed 12 feet.
4.
The area of the trim or framing device of any sign shall not exceed 10% of the sign area as defined in § 30-3.
5.
No sign shall project more than five feet beyond the street line,
nor more than six feet beyond the face of the building to which it
is attached.
6.
Illuminated signs shall not contain, have attached thereto, or incorporated
therein any flashing lights, nor shall there be any real or simulated
motion of the letters, designs, or figures depicted thereon; however,
intermittent illumination of a sign is permitted.
7.
All signs may be unlighted, lighted, illuminated, digital or neon
except:
c.
A sign painted upon or mounted on the surface of an exterior wall
of a commercial building provided:
1.
That the area of the sign does not exceed 10% of the area of the
building actually devoted to the business described in such sign;
however, the area of the sign in any case shall not exceed 300 square
feet.
2.
That no such sign shall exceed five feet in height, except that a
sign not more than five feet in width may be not more than 12 feet
in height.
3.
The area of the trim or framing of such sign shall be not more than 20% of the sign area as defined in § 30-3.
4.
That there shall be not more than one such sign per side or front
of the building.
5.
The sign may be lighted by light sources above or below provided
the light sources are concealed.
d.
A point of sale sign may be erected on any property in the business
zone owned by the proprietor of a business in this municipality, although
not adjacent to the property on which the business advertised thereon
is conducted, provided that the sign conforms with the provisions
of this chapter and provided further that such point of sale sign
may only be used for the purpose of advertising the proprietor's business.
e.
Signs identifying or directing persons to a parking area provided
by the owner of a business or professional office for the use of customers,
clients, or patients may be displayed on the premises in addition
to those permitted by the foregoing regulations provided that not
more than one directional sign and one identifying sign be used for
this purpose, and further providing that neither of such signs exceed
six square feet in area.
f.
Any other provision to the contrary notwithstanding the total area
for signs for property utilized as a dual commercial use, shall not
exceed the area for signs permitted on property utilized as a commercial
and residential use.
g.
No sign shall be erected, used or maintained which, in any way, simulates
official, directional or warning signs erected or maintained by the
State of New Jersey, County of Ocean or Borough of Surf City thereof,
or by any public utility or similar agency concerned with the protection
of the public health or safety.
h.
Sandwich board, A-frame and chalkboard type signs shall be permitted,
but shall be limited to no more than one per business, not to exceed
six square feet and shall be further limited to advertising the hours
of the business, daily specials or sale of items specifically sold
within the business location. Such sign shall not be placed in a location
that will block or impede the sidewalk and must be removed each night
upon the closing of operations.
i.
Flags and feather flags shall be limited to one flag for every 25
feet of street frontage and shall not be placed in the right of way
or in a location that will block or imped the sidewalk. All such flags
and feather flags must be removed each night upon the closing of operations.
National flags and flags of political subdivisions shall not be considered
flags for the purpose of this section.
j.
The Borough of Surf City assumes no responsibility or liability for
any accident or injury resulting from the placement of any sign, flag,
banner, sandwich style board, etc.
k.
Special event signs may be permitted upon receipt of a permit issued
by the Zoning Official to non profit public service organizations
such as the Volunteer Fire Department and/or emergency service organization.
[Ord. No. 72-7 § 10C;
amended 5-9-2018 by Ord. No. 2018-07; 7-11-2018 by Ord. No. 2018-10; 12-14-2022 by Ord. No. 2022-13]
An application for a permit, accompanied by an application fee
of $50, shall be made to the Zoning Officer; and a permit must be
obtained prior to the erecting or installation of any sign in the
Business Zone, except signs giving only directions to or only identifying
parking areas.
[Ord. No. 72-7 § 11A; Ord. No. 88-25 § 1; Ord. No. 2000-10 § I]
a.
Any portion of any yard required by this chapter may be used for
parking of motor vehicles and the storage of watercraft.
c.
No plot may be occupied by more than one accessory structure utilized
as a shed. In the case where the plot in question is made up in total
of more than one lot or such plot has a contiguous plot of the same
ownership, then no more than two sheds may be placed thereon. Shed
shall not exceed 100 square feet in total size with side walls not
to exceed eight feet in height and total height not to exceed 10 feet
at peak.
[Ord. No. 72-7 § 11B; Ord. No. 03-03 § I; Ord. No. 03-09 § I]
a.
Any lot or plot having a minimum forty forty-foot frontage in the
residential zones in separate ownership on August 11, 1972, and which
has an area or width less than that required in the zone in which
it is located may be occupied by a single detached, one-family dwelling
provided that:
1.
The owner of the plot does not own any adjoining lots or adjacent
ground.
2.
The parking spaces and yards required by the zone are provided.
3.
The area of the main building shall not be less than 600 square feet
and the total area of all buildings on the plot shall not exceed 35%
of the lot area.
4.
A plan of the plot drawn by a registered engineer, architect, or
surveyor and showing all buildings proposed and or existing, shall
be submitted to and may be approved by the Board of Adjustment as
a special use permit if the criteria described herein have been fully
met.
5.
Except that if the owner of the substandard lot or plot owns adjacent
lots or parcels of land such lots or parcels together with the substandard
lot shall be considered as a single plot, and all provisions of this
chapter shall apply.
6.
Platforms not to exceed four feet by four feet, utilized solely for
air conditioning units shall not be counted in the calculation of
lot coverage and shall not be required to conform to the setbacks
for the zone in which they are located.
b.
Any portion of a lot or plot shall not be counted again as a required
yard for another building nor shall it be sold in whole or in part
as a parcel or lot separate from the lot or plot of which it is a
part.
c.
In the residential zones, no portion of any lot or plot shall be
sold if such sale will reduce the area of such lot or plot to the
point where the area of the building thereon will be greater than
35% of the lot area or reduce the width or depth of the yards no less
than that required in the zone.
d.
In the residential zones, the eaves of a main or accessory building
may not extend more than 18 inches into a required yard and shall
not be considered in the calculation for lot coverage..
[Amended 12-11-2019 by Ord. No. 2019-17]
e.
In any residential zone, walkways at and cantilevered from the level
of the second floor, and having no separate supports or columns extending
to the ground, may extend not more than 42 inches into ten-foot wide
side yards and front yards only.
f.
A second story extending beyond the walls of the first story, supported
by cantilevered construction and having no separate supports or columns
extending to the ground, may extend not more than 36 inches into ten-foot
wide side yards and front yards only.
g.
For the purpose of this chapter, a carport attached to a main or
accessory building is considered to be an integral part of that building,
and as such may not extend into any required yard. A carport is defined
as a roofed structure with or without sidewalls erected for the purpose
of sheltering without completely enclosing a motor vehicle.
h.
Platforms
not to exceed four feet by eight feet, utilized solely for air-conditioning
units shall not be counted in the calculation of lot coverage and
shall not encroach not more than four feet into the side yard setback.
[Added 12-11-2019 by Ord. No. 2019-17]
i.
An exterior
elevator tower may be permitted on all residential buildings. The
elevator may only encroach the rear yard setback, not more than six
feet from the face of the existing building and not greater than 36
square feet in area, which shall be exempt from lot coverage.
[Added 12-11-2019 by Ord. No. 2019-17]
j.
A home
generator platform, not to exceed four feet by eight feet, shall not
be counted in the calculation of lot coverage and shall not encroach
any setback by more than four feet.
[Added 10-14-2020 by Ord. No. 2020-07]
k.
Decks
with open railing and open guards may exceed the building height limitations
by no more than forty-eight inches.
[Added 2-10-2021 by Ord. No. 2021-02]
l.
Pool
equipment and air conditioner platforms combined should not exceed
the span of four feet by eight feet, shall not be counted in the calculation
of lot coverage and shall not encroach more than four feet into the
side yard setback.
[Added 4-14-2021 by Ord. No. 2021-07]
[Ord. No. 82-8]
No vehicle exceeding four tons in gross weight may be parked
on any lot or parcel of land located in any residential zone in the
Borough, provided that where such vehicle is actually engaged in the
delivery of goods or providing of services to or for any resident
actually residing in a structure located on the lot wherein such vehicle
may be parked the provisions of this section shall not apply during
the actual period when such goods are being delivered or such services
are being provided.
[Ord. No. 95-20]
a.
No new refuse enclosures shall be constructed on or placed upon any
property or lands within the Borough except as follows:
1.
The front wall of the enclosure, defined as being one of the two
longest sides in length, shall have a maximum height not to exceed
18 inches from the ground.
(a)
The front wall may be situated on the property so as to face
either parallel or perpendicular to the roadway.
2.
The remaining walls, rear and side shall be no higher than 36 inches
from the ground.
3.
In any event, the front wall shall be no higher than 18 inches from
the ground and the rear and side walls shall be no higher than 36
inches from the ground.
4.
Refuse enclosures shall have a width large enough to have one can
placed inside in an inverted manner and shall have a length of no
more than that which is required to have placed inside the proper
number of cans in accordance with Borough Ordinance 90-13.
b.
Existing refuse enclosures shall be modified in the following manner:
c.
Refuse enclosure shall be located one foot from the roadway edge
and shall be placed on a level surface.
d.
Refuse enclosures constructed and or placed on lands prior to the
introduction of this ordinance must be brought into conformance within
nine months from the date of the final adoption and publication according
to law.
e.
A zoning permit must be obtained for said construction or placement
from the Zoning Official of the Borough at no cost to the applicant.
Renovations to existing enclosures may be done with no permit being
required.
f.
The sketch as drafted by the firm of Henderson and Breen and kept
on file in the offices of the Borough may be used as a reference in
the construction of a refuse enclosure.
[Added 3-13-2019 by Ord.
No. 2019-05]
No person shall authorize or create, kindle, or maintain any
open burning or fire unless conducted and permitted and/or approved
in accordance with this section.
a.
Permitted outdoor fires are limited to recreational fires entirely
contained within permitted portable fire devices and permanent fire
devices, and which may only be lit and maintained with clean firewood,
charcoal, manufactured fire logs, propane, and natural gas as permissible
fuels. All other fuels, including, but not limited to, brush, leaves,
trees, trash, refuse, and treated and wet wood are prohibited.
1.
All permitted outdoor fires shall be maintained in a manner that
ensures any smoke and embers arising therefrom do not interfere with
the air quality, peace and quiet enjoyment of neighboring residents.
2.
With the sole exception of grills and related, permitted cooking
devices, all portable fire devices and permanent fire devices shall
possess and employ an ember-suppressing lid (stone/masonry devices
must have a lid or screen).
3.
No outdoor fire shall be left unattended and must be extinguished
for the night.
b.
All solid fuel-burning (wood) fire pits, open wood burning, and/or
open and unenclosed, and/or contained burning of any kind not in accordance
with this section are prohibited.
c.
No permanent fire device may be constructed, affixed, and/or placed
on any lot until a permit therefor has been issued by the Zoning Officer.
1.
An application shall be submitted to the Zoning Officer accompanied
by a survey and a survey affidavit of no change, indicating the type
of device and location to be installed. The location of the required
fire extinguisher or working garden hose, as per this section, shall
be shown on said plan.
2.
Portable fire devices are authorized and permitted for use without
application for a permit from the Zoning Officer but shall comply
with location requirements as indicated in this section.
3.
Portable fire devices shall be a minimum of five feet from any building
or accessory structure and a minimum of 10 feet from any lot line,
except that such shall be permitted on decks and patios, provided
such are a minimum of five feet from any building and 10 feet from
any lot line.
4.
Permanent fire devices shall be a minimum of five feet from any building
or accessory structure and a minimum of 10 feet from any lot line.
[Amended 12-11-2019 by Ord. No. 2019-17; 5-13-2020 by Ord. No. 2020-03]
5.
Permanent fire devices shall not exceed three feet in height nor
cover an area greater that six feet by six feet.
6.
No more than one permanent fire device shall be permitted per lot
or continuous lots under common ownership.
7.
Portable and permanent fire devices shall be within the radius of
a working garden hose nozzle or a working fire extinguisher shall
be stored within 10 feet therefrom.
8.
Permanent fire devices in compliance with this section shall not
be included in lot coverage calculation.
9.
Permanent fire devices must be constructed from materials that are
in accordance with the requirements of the Fire Marshal and/or Fire
Inspector and any applicable provisions of the Borough Ordinances.
10.
Permanent and portable fire devices may be permitted on decks and
patios.
d.
Exterior masonry and wood burning fireplaces may be freestanding
or attached to the principal or accessory buildings and shall comply
with all fire codes, building codes and zoning regulations for masonry
fireplaces.
1.
Fireplaces may not be higher than five feet above grade, must be
a minimum of 10 feet from any lot line and will not count as lot coverage.
e.
Portable barbeque grills and portable outdoor patio heaters shall
be exempt from this section.
f.
Outdoor kitchens shall be governed by the Building and Zoning codes.
g.
Enforcement, violations and penalties.
1.
This section shall be enforced by the Surf City Zoning Officer, the
Surf City Police Department and/or the Ocean County Fire Marshal.
2.
Any authorized officer, agent, employee or representative of the
Borough who presents credentials may inspect any property for the
purpose of ascertaining compliance with the provisions of this section.
[Ord. No. 72-7 § 12A; Ord. No. 81-12 § 2]
Within the zones established by this chapter or any amendments
thereto, there exist lots, structures and uses of land and structures
which were lawful before August 11, 1972, but which would be prohibited,
regulated or restricted under the terms of this chapter or any future
amendment.
It is the intent of this chapter to permit these nonconformities
to continue until they are removed. Such uses are declared by this
chapter to be incompatible with permitted uses in the zones involved.
It is further the intent of this chapter that nonconformities shall
not be enlarged upon, expanded or extended, nor be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
A nonconforming use of a structure, a nonconforming use of land,
or a nonconforming use of a structure and land shall not be extended
or enlarged after August 11, 1972 by attachment on a building or premises
of additional signs intended to be seen from off the premises or by
the addition of other uses of a nature which would be prohibited generally
in the zone involved.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to August 11, 1972 or the date of any amendment of this chapter, and
upon which actual building construction has been diligently carried
on. Actual construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner, except that where demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such demolition
or removal shall be deemed to be actual construction, provided that
work shall be diligently carried on until completion of the building
involved. The within grace period herein provided for shall not be
construed to apply to any subsequent amendment of this chapter.
[Ord. No. 72-7 § 12B; Ord. No. 85-8; Ord. No.
2000-13 § I; Ord. No.
01-02 § I]
Pursuant to Subsection 30-12.8 in any zone in which single-family dwellings are permitted, with lots having a frontage of at least 40 feet and a total square footage of 4,000 feet or more, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of August 11, 1972, or the date of any amendment hereto. Such lot shall be in a separate ownership and not of continuous frontage with other lots in the same ownership. For lots not meeting the requirements above, a variance of area, width and yard requirements shall be obtained through the Board of Adjustment.
If two or more lots or combinations of lots with continuous
frontage and single ownership are of record as of August 11, 1972,
or the date of any amendment hereto, and are recorded as single lots
on the tax map of the Borough, the lots shall be considered single,
individual building lots and shall not be combined for purposes of
conforming with more stringent amendments to the Zoning Ordinance
adopted subsequent to August 11, 1972.
[Ord. No. 72-7 § 12C]
Where, on August 11, 1972 or the date of any amendment hereto,
lawful use of land exists that is made no longer permissible under
the terms of this chapter, as enacted or amended, such use may be
continued, so long as it remains otherwise lawful, subject to the
following provisions:
a.
No such nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land than was occupied as of August 11,
1972, or the date of any amendment hereto.
b.
No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use as of August
11, 1972.
c.
If any such nonconforming use of land ceases for any reason for a
period of more than 12 months, any subsequent use of such land shall
conform to the regulations specified by this chapter for the district
in which such land is located.
[Ord. No. 72-7 § 12D; Ord. No. 83-4 § 3; Ord. No. 85-1]
Where a lawful structure exists on August 11, 1972 that could
not be built under the terms of this chapter by reason of restrictions
on area, lot coverage, height, yards or other characteristics of the
structure or its location on the lot, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
a.
No nonconforming building, which was erected pursuant to and in conformity
with the zoning ordinance or any variance therefrom, shall be enlarged
or altered in a manner which would increase the degree of nonconformity
without a variance. Where the owner of a nonconformity building seeks
a building permit which will enlarge or alter the building but will
not increase the degree of nonconformity, plans for the proposed enlargement
or alteration shall be provided to the Zoning Officer who shall issue
a certificate that the proposed enlargement or alteration will not
increase the degree of nonconformity. If the Zoning Officer finds
that the enlargement or alteration will increase the degree of nonconformity,
he shall issue a certificate so stating and no building permit shall
then be issued without prior approval of the Zoning Board of Adjustment,
or the Planning Board in the appropriate case.
b.
Should such structure be destroyed by any means to an extent of more
than 75% of its replacement cost at time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
chapter.
c.
A nonconforming structure may be moved or relocated on any lot, provided
that the relocation or movement does not increase the degree of nonconformity.
[Ord. No. 72-7 § 12E; Ord. No. 83-8; Ord. No.
2016-05]
If a lawful use of a structure, or of structure and premises
in combination, exists on August 11, 1972 that would not be allowed
in the zone under the terms of this chapter, the lawful use may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
a.
No existing structure devoted to a use not permitted by this chapter
in the zone in which it is located shall be enlarged, extended, constructed,
reconstructed, moved or structurally altered in any manner which would
increase or intensify the density or actual living quarters for such
structure except in changing the use of the structure to a use permitted
in the zone in which it is located, provided, however, this section
shall not preclude a zoning certificate and building permit from being
issued if the proposed enlargement, extension, construction or reconstruction
is for a garage, staircase, deck, fence, shed or any other addition
which does not increase the actual living quarters of the existing
structure, and the enlargement, extension, construction, reconstruction
or alteration is conforming in all other respects to this chapter.
b.
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use as of August
11, 1972, but no such use shall be extended to occupy any land outside
such building.
c.
If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may be changed to another nonconforming
use provided that the Board of Adjustment, either by general rule
or by making findings in the specific case, shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing nonconforming use. In permitting such change, the Board
of Adjustment may require appropriate conditions and safeguards in
accordance with the provisions of this chapter.
d.
Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations for the zone in which such structure is
located, and the nonconforming use may not thereafter be resumed.
e.
When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for nine consecutive
months or for 18 months during any three-year period, the structure,
or structure and premises in combination, shall not thereafter be
used except in conformance with the regulations of the zone in which
it is located.
f.
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
g.
A nonconforming structure may be elevated so as to allow for parking
and/or storage underneath the structure provided there are no changes
to the existing footprint, there are no substantial alterations that
would otherwise require appearance before the Land Use Board and the
height of the structure is within the limitations allowed by current
ordinances.
[Ord. No. 72-7 § 12F]
On any building devoted in whole or in part to any nonconforming
use, work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures,
wiring or plumbing, provided that the cubic content of the building
as it existed on August 11, 1972, or the date of any amendment hereto,
shall not be increased.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
[Ord. No. 72-7 § 7F]
Any use for which a special exception is permitted as provided
in this chapter shall not be deemed a nonconforming use, but shall
without further action be deemed a conforming use in such district.
[Ord. No. 72-7 § 7G; Ord. No. 2000-13 § I; Ord. No. 01-09 § I]
The following shall apply:
a.
It is the purpose of this zoning chapter to characterize existing
lots having a frontage of at least 40 feet and a total square footage
of 4,000 feet or more as being conforming lots for one-family residences.
It is the purpose of the zoning chapter to require that all newly
created lots designed for one-family residences have a minimum of
50 feet frontage and a total square foot area of not less than 5,000
square feet.
b.
It is further the intention of the zoning chapter to declare that
any lots having 100 feet frontage or greater and having a total square
foot area of 10,000 square feet or greater is a conforming lot for
the purpose of constructing a duplex.
c.
It is further the intention of this chapter to limit the reconstruction, expansion or alteration of a single family dwelling on a lot with less than forty foot street frontage and a total lot area of less than 4,000 square feet. Any reconstruction, expansion or alteration of any such structure must be approved by the Zoning Board of Adjustment. Any reconstruction, expansion or alteration shall be limited to the existing footprint of the current structure. No increase in the square footage of the existing structure is permitted. No increase in the number of area of bathrooms is permitted. No increase in the number of area of existing bedrooms is permitted. No increase in the livable area of the existing structure is permitted, exclusive of storage or attic space. Primary consideration shall be given to off-street parking and setback requirements. Any reconstruction, expansion or alteration of any such structure shall comply with Chapter 21, Flood Control and shall be subject to all other applicable provisions of Federal, State, County or local law.
d.
All applications/appeals that involve a variance or a determination
from the Zoning Ordinance of the Borough of Surf City as same pertains
to N.J.S.A. 40:55D-70(d) shall submit the following, in addition to
the items required by the Zoning Board application and the Revised
General Ordinances of the Borough of Surf City, 2000:
1.
Certified copies of all previously issued zoning and construction
permits;
2.
Certified copies of all prior certificates of occupancy;
3.
Certified copy of any certificate of nonconformity;
4.
Applicant's certification detailing the preexisting nonconforming
status of the premises;
5.
Certified copies of all property record cards for the lot and block;
6.
In addition to the above requirements, any premises that is nonconforming
based on density, i.e., that is nonpermitted duplexes, triplexes,
quad-plexes, etc., shall provide certified copies of all utility bills,
including but not limited to telephone, cable, gas, electric, and
water/sewer bills for each unit.
[Ord. No. 72-7]
The regulations set by this chapter within each zone shall be
minimum regulations and shall apply uniformly to each class or kind
of structure of land, and particularly, except as hereinafter provided.
[Ord. No. 72-7 § 13A]
No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered unless in
conformity with all of the regulations herein specified for the zone
in which it is located.
[Ord. No. 72-7 § 13B]
No building or other structure shall hereafter be erected or
altered:
a.
To exceed the height;
b.
To accommodate or house a greater number of families;
c.
To occupy a greater percentage of lot area;
d.
To have narrower or smaller rear yards, front yards, side yards,
or other open spaces than herein required; or in any other manner
contrary to the provisions of this chapter.
[Ord. No. 72-7 § 13C]
No part of a yard, or other open space, or off-street parking
or loading space required about or in connection with any building
for the purpose of complying with this chapter shall be included as
part of a yard, open space, or off-street parking or loading space
similarly required for any other building.
[Ord. No. 72-7 § 13D]
No yard or lot existing on August 11, 1972, shall be reduced
in dimension or area below the minimum requirements set forth herein.
Yards or lots created after August 11, 1972, shall meet at least the
minimum requirements established by this chapter.
[Ord. No. 72-7 § 13E]
All territory which may hereafter be annexed to the Borough
shall be considered to be zoned in the same manner as the contiguous
territory inside previous Borough limits otherwise classified.
[Ord. No. 72-7 § 14]
Where uncertainty exists as to the boundaries of zones as shown
on the official zoning map, the following rules shall apply:
a.
Boundaries indicated as approximately following the center lines
of streets, highways, or alleys shall be construed to follow the center
lines.
b.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
c.
Boundaries indicated as approximately following Borough limits shall
be construed as following such Borough limits.
d.
Boundaries indicated as following ocean shore lines shall be construed
to follow such shore lines, and in the event of change in the shore
line, shall be construed as moving with the actual shore line; boundaries
indicated as following shore lines other than along the ocean shall
be construed to follow the exterior pierhead line established by the
Bureau of Navigation of the State of New Jersey.
e.
Boundaries indicated as parallel to or extensions of features indicated
in the above subsections shall be so construed. Distances not specifically
indicated on the official zoning map shall be determined by the scale
of the map, where not specifically set forth in this chapter.
f.
Where physical or cultural features existing on the ground are at
variance with those shown on the official zoning map or in other circumstances
not covered by the above subsections, the Board of Adjustment shall
interpret the district boundaries.
[Ord. No. 72-7 § 15A; Ord. No. 83-4 § 1]
The provisions of this chapter shall be administered and enforced
by the Zoning Officer. In no case shall a permit be granted for the
construction or alteration of any building where the proposed construction,
alteration or use thereof would be in violation of any provision of
this chapter. It shall be the duty of the Zoning Officer and his duly
authorized assistants, if any, to cause any building, plans or premises
to be inspected or examined and to order in writing the remedying
of any conditions found to exist in violation of any provision of
this chapter. The Zoning Officer, or his assistants, shall make any
necessary inspections of any building or premises during the daytime
in the course of his duties.
[Ord. No. 83-4 § 1]
There is hereby created in the Borough the position of Zoning
Officer, who shall have the following duties:
a.
To enforce the Zoning Ordinances of the Borough.
b.
To issue zoning permits in accordance with the provisions of this
chapter.
c.
To answer all inquiries with regard to zoning questions in the Borough.
d.
To keep a record of all applications for permits and of all permits
and certificates issued, with a notation of all special conditions
involved.
e.
To collect and record fees for zoning permits.
f.
To prepare a monthly report for the Mayor and Council summarizing
all activities of the previous month concerning the duties of the
Zoning Officer.
g.
The Zoning Officer shall be deemed to be the administrative officer
as defined in N.J.S.A. 40:55D-3, and shall issue certifications on
behalf of the Borough certifying whether or not subdivision has been
approved by the Planning Board of the Borough in accordance with N.J.S.A.
40:55D-56.
h.
The Zoning Officer shall conduct field inspections and special investigations
to ensure compliance with the Zoning Ordinance and the various land
use ordinances of the Borough and to initiate necessary legal action
against violators of such ordinances in the Municipal Court and, with
the prior approval of Mayor and Council, in the Superior Court of
New Jersey.
[Ord. No. 83-4 § 1; Ord. No. 83-5]
The term of office of the Zoning Officer shall be for one year
commencing January 1 of the year of appointment and ending December
31. The Zoning Officer, however, shall continue to serve until his
successor shall be appointed and qualified. The Zoning Officer shall
receive an annual salary as may be fixed by the Mayor and Council
in the Salary Ordinance of the Borough.
[Ord. No. 83-4 § 1; Ord. No. 85-19 § 1]
a.
Conditional Use Permits. Applications for any conditional use permit
as permitted by this chapter shall be made to the Planning Board,
except when such an application includes an application for approval
of a variance pursuant to N.J.S.A. 40:55D-70 before the Board of Adjustment,
in which case such application for a conditional use permit shall
be made to the Board of Adjustment. The appropriate board may thereafter
direct the Construction Official to issue such permit if in its judgment
the issuance of same will not be detrimental to the health, safety
and general welfare of the Borough and is deemed necessary for its
convenience.
In approving any such application, the appropriate board may
impose any conditions that it deems necessary to accomplish the reasonable
application, but only in accordance with the standards.
b.
Certificates of Occupancy. Certificates of Occupancy shall be issued
by the Construction Official in the manner prescribed in the Building
Code. No building may be occupied until a Certificate of Occupancy
is issued.
c.
Zoning Permit. Applications for a zoning permit to the Zoning Officer
shall be accompanied by a fee of $50.
[Amended 5-9-2018 by Ord. No. 2018-07; 12-14-2022 by Ord. No. 2022-13]
d.
Prior Payment of Taxes. No zoning permit, building permit or Certificate
of Occupancy shall be issued unless the application for same is accompanied
by a certification from the Tax Collector that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of the application.
[Ord. No. 83-4 § 1]
It shall be the duty of the Construction Official to keep a
record of all applications for building permits and a record of all
permits issued, together with a notation of all special conditions
involved.
The Construction Official shall prepare a monthly report for
the Mayor and Council summarizing, for the period since his last previous
report, all building permits issued and certificates signed by him
and all complaints of violations, and the action taken by him consequent
thereon. A copy of each such report shall be filed with the Borough
Tax Assessor at the same time it is filed with the Mayor and Council.
[Ord. No. 83-4 § 1; Ord. No. 85-7; Ord. No.
2016-05; Ord. No. 2017-05]
a.
Certificate Required Prior to Transfer. No transfers of title by
an owner to any real property within the Borough shall take place
unless and until the new Certificate of Occupancy has been received
from the office of the Zoning Officer for any existing structure located
thereon and used for commercial or residential purposes. It shall
be the obligation of the record owner of such real property to first
obtain a new Certificate of Occupancy prior to the transfer of title.
No person, agents, servants or representatives of any of the foregoing
shall suffer or allow any person to occupy any structure used for
commercial or residential purposes within the Borough without first
having obtained a Certificate of Occupancy.
b.
Application; Inspection. Prior to the transfer of title of any existing
commercial or residential structure, application for a new Certificate
of Occupancy shall be made by the record owner, in writing, to the
Zoning Officer, or any other person designated by him. The applicant
shall permit the Zoning Officer, or any other person designated by
him, to enter upon and examine the structure or structures subject
to the Certificate of Occupancy application in order that the Zoning
Officer, or any other person designated by him, may determine if the
structure conforms with the Zoning Ordinances of the Borough as a
permitted use or, if not a permitted use, then determine if such structure
exists as a valid nonconforming use. No Certificate of Occupancy shall
be issued until such inspection shall have been made and a certification
filed with the Zoning Officer, or any other person designated by him,
that the use for such building or buildings complies with the Zoning
Ordinance of the Borough or is a valid pre-existing nonconforming
use.
c.
Filing; Fee. The applicant shall be required to complete an application
to be filed with the Zoning Officer and submit with a fee of $75 per
unit, a current plot plan, and flood elevation certificate to be in
the purchaser’s name. A fee of $25 shall be submitted for each
reinspection.
d.
Exemption. The transfer of title to properties requiring certificates of zoning occupancy as set forth in Subsections a and b shall be exempt from the provisions of this subsection if the transfer is between existing record owners together or if property passes by intestate succession or as the result of a Last Will and Testament.
[Added 3-13-2019 by Ord.
No. 2019-02]
There is hereby created in the Borough the position of Deputy Zoning Officer who shall, in the absence of the Zoning Officer, have all the duties of Zoning Officer as set forth in § 30-15.2.
[Added 3-13-2019 by Ord.
No. 2019-02]
The term of office of the Deputy Zoning Officer shall be for
one year commencing January 1 of the year of appointment and ending
December 31. The Deputy Zoning Officer, however, shall continue to
serve until his or her successor shall be appointed and qualified.
The Deputy Zoning Officer shall receive an annual salary as may be
fixed by the Mayor and Council in the Salary Ordinance of the Borough.
[Ord. No. 72-7 § 16]
Any owner, contractor, agent or any person or corporation who violates any of the provisions of this chapter, or fails to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement of plan submitted and approved hereunder, or who refuses reasonable opportunity to inspect any premises, shall be subject to the provisions of Chapter 1, § 1-5 of this Revision.
[Ord. No. 72-7 § 16]
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall each be guilty of a separate offense, and upon conviction thereof shall each be liable to a fine or imprisonment, or both, as specified in § 1-5.
[Ord. No. 83-4 § 1]
Any violation of any prior ordinance subsequently amended or
repealed shall not be waived or forgiven as a result of the adoption
of a subsequent ordinance and any violations of any such previous
zoning ordinance may still be prosecuted, subject to such limitations
as provided by law.
[Added 5-9-2018 by Ord.
No. 2018-08]
The purpose of this section for the siting of wireless communications
facilities is as follows.
a.
Protect residential areas and land uses from potential adverse impacts
of wireless communications facilities.
b.
Encourage and ensure the appropriate location of wireless communications
facilities in consideration of the public health, welfare, and safety.
c.
Consistent with federal and state law, minimize the total number
of wireless communications facilities in the Borough.
d.
Strongly encourage the co-location and joint use of existing and
approved wireless communications facilities as a primary option rather
than construction of new tower-based wireless communications facilities.
e.
Encourage applicants to locate wireless communications facilities,
to the extent practicable and possible, in areas where the adverse
impact to the community is minimal.
f.
Encourage applicants to configure wireless communications facilities
in a way that minimizes their adverse visual impact through careful
design, siting, landscape screening, and innovative camouflaging and
stealth technology.
g.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently.
h.
Avoid potential damage to adjacent properties and the public health,
welfare, and safety through proper engineering and careful siting
of wireless communications facilities.
i.
Comply with applicable federal and state law on the siting and regulation
of wireless communications facilities, while ensuring that proper
zoning regulations are implemented to ensure that the public health,
welfare, and safety is protected and to minimize the adverse visual,
structural, health, and safety impacts of such facilities.
j.
In furtherance of the foregoing goals, the Borough shall give due
consideration to the Borough Master Plan, Zoning Map, existing land
uses, and environmentally sensitive areas in the approving of sites
for the location of wireless communications facilities and the regulation
of such facilities.
a.
All wireless communications facilities shall be subject to these
regulations, the applicable building regulations, and the Borough
Code, except as otherwise provided or grandfathered herein.
b.
Amateur Radio; Receive-Only Antennas. This section shall not govern
any tower or the installation of any antenna that is under 70 feet
in height which is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only antennas.
c.
Preexisting Towers or Antennas. Preexisting towers or antennas shall
not be required to meet the requirements of this section, other than
the requirements regarding building codes and safety standards. This
exception shall not apply to any expansion or intensification of a
preexisting tower or antenna.
d.
Government Agencies. Communication towers and/or antenna owned, operated,
leased, or used by the Borough shall be exempt from the requirements
of this section.
e.
Satellite Dish Antenna. This section shall not govern any parabolic
satellite antennas.
a.
Wireless communications facilities are a permitted use in the Business
Zone. No wireless communications facilities of any type shall be permitted
in any residential zoning districts or within 50 feet of a lot in
residential use or a residential district boundary.
b.
No wireless communications facilities are permitted inside or on
any buildings or accessory buildings in the Borough. Except for the
co-location on utility poles as required by federal and state law,
and, as otherwise provided in this section, no non-tower based wireless
communications facilities shall be permitted in the Borough. All wireless
communications facilities in the Borough shall be limited to wireless
communications support structures as set forth herein.
c.
With the exception of Borough-owned and/or constructed lattice towers
or guy-lattice towers, no lattice towers or guy-lattice towers shall
be permitted in the Borough.
d.
Except as otherwise provided by law for public utilities, no new
wireless communications support structures, such as towers or monopoles,
shall be permitted in the ROW. Only co-location and nonsubstantial
changes to existing wireless support structures shall be permitted
in the ROW.
e.
Wireless communications facilities located on property owned, leased,
or otherwise controlled by the Borough shall be a permitted use in
all zoning districts, provided that a license or lease authorizing
such facilities has been approved by the Borough, and, as a condition
of any such license or lease, the Borough may require site plan approval
or may exempt the applicant from approval. The decision to extend
such license or lease to an applicant shall be vested solely with
the Borough, and shall not be governed by this section. The Borough,
in its absolute and sole discretion, reserves the express right to
deny all use of its property for wireless communications facilities.
Nothing in this section shall be construed as requiring any applicant
to locate on property owned, leased, or otherwise controlled by the
Borough. Preexisting wireless communications facilities are exempt
from the application of this subsection.
f.
No advertising signs shall be permitted on any wireless communications
facilities, wireless communications support structures, wireless communications
equipment, or base stations.
g.
All ROW regulations shall apply to all entities and applicants, regardless
of whether the ROW is owned and/or controlled by the county or the
state.
a.
The Borough Engineer shall maintain an inventory of existing wireless
communications facility locations within or near the Borough.
b.
It is the Borough's policy that the first priority locations for
wireless communications facilities within the Borough shall be Borough-owned
towers, and then non-Borough-owned existing towers and wireless support
structures, and all applicants for new wireless communications facilities
shall make all reasonable and good faith efforts to co-locate the
proposed wireless communications facilities and/or secure the location
of such facilities on Borough-owned facilities first and non-Borough-owned
existing towers and wireless support structures second.
c.
An applicant proposing any wireless communications facility at a
new location shall demonstrate and document that it made its best
business efforts to find a co-location site and that none was available,
practicable, economically feasible, and was not a viable option.
a.
Permit and Escrow Fees. The Borough may assess appropriate and reasonable
application and permit fees directly related to the actual costs in
reviewing and processing the application for approval of wireless
communication facilities, as well as inspection, monitoring, and related
costs, as set by resolution. The Borough may also impose and require
escrow fees for the payment of actual fees and costs, as the Borough
deems appropriate by way of resolution.
b.
Retention of Experts and Costs. The Borough and the Land Use Board
may use and/or hire any consultants, engineers, attorneys, and/or
experts to assist with the review and application for approval of
wireless communications facilities, and, once approved, in reviewing
and evaluating any potential violations of the terms and conditions
of this section and the Borough Code. The applicant and/or owner of
the wireless communication facility shall reimburse the Borough and
the Land Use Board for all costs of the consultants, engineers, attorneys,
and/or experts in providing expert evaluation and consultation in
connection with these activities.
c.
Compensation for ROW Use. In addition to other fees provided herein,
every wireless communications facility in the ROW is subject to the
Borough's right to fix annually a fair and reasonable compensation
to be paid for use and occupancy of the ROW. Such compensation for
ROW use shall be directly related to the Borough's actual ROW management
costs, if any, including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, supervising and other
ROW management activities by the Borough. The owner of each tower-based
wireless communications facility shall pay an annual fee to compensate
the Borough for the Borough's costs incurred. The annual ROW management
fee for wireless communications facilities shall be determined by
the Borough and authorized by resolution.
a.
Except as otherwise provided in this section, no wireless communications
facilities shall be constructed, erected, or substantially changed
unless site plan approval and any and all applicable variances are
obtained from the Land Use Board. The following provisions shall apply
to applications for such approval.
1.
Applications for site plans along with any required variances shall
be subject to the procedures and requirements of the Municipal Land
Use Law and the Borough Code, except as modified herein.
2.
In granting site plan approval or a variance, the Land Use Board
may impose additional conditions consistent with federal and state
law to the extent the Land Use Board concludes such are necessary
to minimize any adverse effect of the proposed wireless communications
facility on adjoining properties.
3.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a
licensed professional engineer of the State of New Jersey, if a licensing
requirement for that professional exists in New Jersey.
4.
An applicant for site plan approval or a variance shall submit the
information required, a nonrefundable application fee, and an escrow
deposit as established by resolution. The application fee and escrows
shall be paid as required herein.
5.
Any tower shall be designed and constructed so as to accommodate
at least four antenna arrays of separate wireless communications providers,
where such accommodation is technically feasible.
b.
In addition to any and all information required for applications
for site plan approval or a variance pursuant to this section and
the Borough Code, applicants for approval for the construction or
installation of wireless communication facilities shall submit all
of the items identified on the application checklist, along with the
following information before the application is certified as complete.
1.
A completed proscribed application and application checklist for
proposed wireless communications facilities.
2.
The identity of the owner of the property, structure, and/or building
and a copy of the lease (with confidential or proprietary information
redacted), proof of ownership and authority, and deed for the property.
3.
A scaled site plan clearly indicating the location, type, and height
of the proposed wireless communications facility, on-site land uses
and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed wireless
communications facility and any other structures, topography, parking,
and other information as required by this or other Borough ordinances,
or as required by the Borough or Board Engineer, to enable comprehensive
review of the application.
4.
Survey of the property, including a Letter of Interpretation from
the New Jersey Department of Environmental Protection, signed and
sealed by a land surveyor licensed in the State of New Jersey, dated
no earlier than 12 months prior to the date of the application.
5.
The separation distance between the proposed wireless communications
facility and the nearest residential unit and/or residentially zoned
property.
6.
The separation distance from other wireless communications facilities
described in the inventory of existing sites submitted pursuant to
this subsection shall be shown on an updated site plan or map certified
by a licensed engineer or licensed land surveyor. The applicant shall
also identify the type of construction of the existing tower(s) and
the owner/operator of the existing tower(s).
7.
A landscape plan showing specific landscape materials and precise
locations of proposed landscaping improvements, including, but not
limited to, species type, size, spacing, other landscape features,
and existing vegetation to be retained, removed, or replaced, which
shall be certified by a licensed engineer or certified landscape architect.
8.
An environmental impact study.
9.
A plan evidencing compliance with the applicable requirements of
this section, including, but not limited to, the architecture, stealth
technology requirements, aesthetics, color, camouflage, landscaping,
and fencing.
10.
A written report of the suitability or nonsuitability of the use
of existing wireless communications facilities or other structures
for services to be provided through the use of the proposed new wireless
communications facility.
11.
A written report of the feasible location(s) of future wireless communications
facilities that may be erected by the applicant within the Borough
based upon existing physical engineering, technological, or geographical
limitations in the event the proposed wireless communications facility
is erected.
12.
A visual study, including photographic or topographic plans, identifying
a line-of-sight analysis detailing the view of the proposed wireless
communications facility from various directions and angles from adjacent
areas within a seven-hundred-fifty-foot radius of the proposed wireless
communications facility. The analysis shall be utilized to determine
buffer requirements.
13.
Documentation of the results of the crane test, including a line-of-sight
survey and photographic result of the crane test with regard to the
potential visual and aesthetic impacts of the proposed tower. Such
documentation must establish the zone of visibility of the proposed
tower.
14.
Photo-simulations of any proposed tower, which shall include at least
one photo-simulation from at least four angles of view of the tower
(from the north, east, south and west), taken from ground level at
the property line of the proposed site of any tower. Photo-simulations
presented to the approving authority shall be in color and a minimum
of eight inches by 11 inches in size.
15.
Documentary and expert evidence regarding the need for the wireless
communications facility, which information shall identify the existing
wireless network layout and existing coverage areas to demonstrate
the need for the facility at a particular location within the Borough.
The evidence shall include a report of the radio frequency engineering
analysis of the search area for the wireless communications facility.
16.
A report from a qualified expert certifying that the wireless communications
facility complies with the latest structural and wind loading requirements
as set forth in the Building Officials and Code Administrators ("BOCA")
International Code, including a description of the number and type
of antennas it is designed to accommodate.
17.
A statement by the applicant demonstrating whether construction of
the wireless communications facility will accommodate co-location
of additional antenna for future users. If so, a letter of commitment
by the applicant to lease excess space on wireless communications
facility to other potential users at prevailing market rates and conditions.
The letter of commitment shall be recorded prior to issuance of a
building permit. The letter shall commit the tower owner and successors
in interest.
18.
Elevations of all existing and proposed structures generally depicting
all existing and proposed antennas, towers, platforms, finish materials,
as well as all other accessory equipment.
19.
Inventory of Existing Sites. Each applicant shall provide to the
Land Use Board an inventory of its existing wireless communications
facilities or sites approved for towers or antennas that are either
within the jurisdiction of the Borough or within three miles of the
proposed site, whichever is more extensive, including specific information
about the location, height, and design of each wireless communications
facility. The Borough and the Land Use Board may share such information
with other applicants applying for administrative approvals or permits
under this section or other organizations seeking to locate wireless
communications facilities within the jurisdiction of the Borough;
provided, however, that the Borough and Land Use Board are not, by
sharing such information, in any way representing or warranting that
such sites are available or suitable.
20.
Identification of the entities providing the backhaul network for
the wireless communications facility described in the application
and other cellular sites owned or operated by the applicant in the
municipality.
21.
Detailed and certified engineering plans of the wireless communications
facility proposed and any and all related equipment.
22.
Fully executed indemnification and hold harmless agreements prepared
by the Borough, which are provided with the application package.
23.
Documentation that the existing vegetation, trees, and shrubs located
within proximity to the wireless communications facility structure
shall be preserved to the maximum extent possible.
24.
A soil report to the Borough complying with the standards of Appendix
I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document
and verify the design specifications of the foundation of the tower-based
wireless communications facility, and anchors, if used.
Tower-based applications shall be reviewed by the Land Use Board
pursuant to the following:
a.
Time frame for review. The Land Use Board shall render a decision
on an application within 150 days of receipt of a complete application.
b.
Incomplete applications. The Land Use Board may toll the one-hundred-day
time frame set by notifying the applicant, within 30 days of receipt
of submission of an application, that the application is incomplete.
Such notification shall set forth all outstanding information, as
well as the applicable Code provision, ordinance, application instruction,
or publicly stated procedure requiring the information to be submitted.
The one-hundred-fifty-day time frame shall begin again upon receipt
of the supplemental submission.
c.
Subsequent incomplete applications. The Land Use Board may thereafter
toll the one-hundred-fifty-day time frame by notifying the applicant,
within 10 days of receipt of the supplemental submission, that the
applicant did not provide the information identified in the original
notice delineating missing information. Second or subsequent notices
of incompleteness may not specify missing documents or information
not previously delineated in the original notice of incompleteness.
d.
Failure to act. If the Land Use Board does not approve or deny an
application within 150 days of receipt of the application or any applicable
tolling periods thereafter, the applicant may notify the Land Use
Board in writing that the review period has expired. Upon the Land
Use Board's receipt of this notice from the applicant, the application
shall be deemed granted.
a.
An application for development to co-locate or nonsubstantially change
wireless communications equipment on a wireless communications support
structure shall be subject to review and approval from the Land Use
Board. The application must meet the following requirements:
1.
The wireless communications support structure shall have been previously
granted all necessary approvals by the appropriate approving authority.
2.
The proposed application satisfies the federal and state requirements
to meet the standard for co-location, as defined in this section.
3.
The proposed co-location and/or change complies with the final approval
of the wireless communications support structure and all conditions
attached thereto and does not create a condition for which variance
relief would be required pursuant to N.J.S.A. 40:55D-1 et seq. or
any other applicable law, rule, or regulation.
b.
All applications shall be filed with the Land Use Board which shall
review the application to determine whether the application qualifies
as a request for co-location, whether the change proposed is nonsubstantial,
and/or whether the application requires site plan approval. The Land
Use Board shall review the application and advise the applicant within
60 days as to whether the Borough deems that site plan approval is
required. If site plan approval is deemed to be required, the applicant
shall proceed in accordance with the regulations regarding such approval
and the time period for review shall restart in accordance with such
regulations upon submission of a site plan application.
c.
All applications shall be submitted to the Land Use Board on the
proscribed application and checklist form(s) and shall include the
following information.
1.
A completed application and application checklist for wireless communication
facilities co-location and nonsubstantial change modifications.
2.
A statement and supporting proofs that the application qualifies
as co-location or as a nonsubstantial change.
3.
The identity of the owner of the property, structure, and/or building
and a copy of the lease (with confidential or proprietary information
redacted), proof of ownership and authority, deed for the property,
and a copy of the agreement relating to N.J.S.A. 48:3-18.
4.
Applicant's certification that it possesses the legal authority to
co-locate and/or change the support structure which may include approvals
from the jurisdiction authorizing the initial placement of transmission
equipment on the tower or other structure.
5.
Fully executed indemnification and hold harmless agreements prepared
by the Borough, which are provided with the application package.
6.
A scaled location plan clearly indicating the location, type, and
height of the proposed wireless communications facility, on-site land
uses and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed wireless
communications facility and any other structures, topography, parking,
and other information as required by this or other Borough ordinances,
or as required by the Borough or Board Engineer, to enable comprehensive
review of the application.
7.
The separation distance between the proposed wireless communications
facility and the nearest residential unit and/or residentially zoned
property.
8.
The separation distance from other wireless communications facilities
described in the inventory of existing sites submitted pursuant to
this subsection shall be shown on an updated location plan or map
certified by a licensed engineer or licensed land surveyor. The applicant
shall also identify the type of construction of the existing tower(s)
and the owner/operator of the existing tower(s).
9.
A description of the type and quantity of equipment to be installed.
10.
A description of the number and size of any equipment cabinets to
be installed.
11.
A description of any excavation required.
12.
A description of any change in tower height and/or width as a result
of the proposed co-location, removal, or replacement.
13.
A plan evidencing the development's compliance with the applicable
requirements of this section, including, but not limited to, the architecture,
aesthetics, color, and use of stealth technology.
14.
A written report of the suitability or nonsuitability of the use
of existing wireless communications facilities or other structures
for services to be provided through the use of the proposed new wireless
communications facility, including certification from a structural
engineer that the existing utility pole or tower is structurally suitable
and safe for the co-location and/or nonsubstantial change.
15.
A written report of the feasible location(s) of future wireless communications
facilities which may be erected by the applicant within the Borough
based upon existing physical engineering, technological, or geographical
limitations in the event that the proposed wireless communications
facility is erected.
16.
A visual study, including photographic or topographic plans, identifying
a line-of-sight analysis detailing the view of the proposed wireless
communications facility from various directions and angles from adjacent
areas within a seven-hundred-fifty-foot radius of the proposed wireless
communications facility. The analysis shall be utilized to determine
buffer requirements.
17.
Documentary and expert evidence regarding the need for the wireless
communications facility, which information shall identify the existing
wireless network layout and existing coverage areas to demonstrate
the need for the facility at a particular location within the Borough.
The evidence shall include a report of the radio frequency engineering
analysis of the search area for the wireless communications facility.
18.
A report from a qualified expert certifying that the wireless communications
facility complies with the latest structural and wind loading requirements
as set forth in the BOCA Code, including a description of the number
and type of antennas it is designed to accommodate.
19.
A statement by the applicant demonstrating whether construction of
the wireless communications facility will accommodate co-location
of additional antenna for future users; if so, a letter of commitment
by the applicant to lease excess space on wireless communications
facility to other potential users at prevailing market rates and conditions.
The letter of commitment shall be recorded prior to issuance of a
building permit. The letter shall commit the tower owner and successors
in interest.
20.
Elevations of all existing and proposed structures generally depicting
all existing and proposed antennas, towers, platforms, finish materials,
as well as all other accessory equipment.
21.
Inventory of Existing Sites. An inventory of its existing wireless
communications facilities or sites approved for towers or antennas
that are either within the jurisdiction of the Borough or within three
miles of the proposed site, whichever is more extensive, including
specific information about the location, height, and design of each
wireless communications facility. The Borough and the Land Use Board
may share such information with other applicants applying for administrative
approvals or permits under this section or other organizations seeking
to locate wireless communications facilities within the jurisdiction
of the Borough; provided, however, that the Borough and Land User
Board are not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
22.
Identification of the entities providing the backhaul network for
the wireless communications facility described in the application
and other cellular sites owned or operated by the applicant in the
municipality.
23.
Documentation of compliance with all of the regulations set forth
in Subsection M.
a.
Time frame for review. The Land Use Board shall determine whether
an application for co-location, removal, or replacement of equipment
at an existing wireless communications tower or base station constitutes
a substantial change within 60 days of receipt of the application.
Applications that do not substantially change the wireless communications
facility and otherwise comply with the requirements set forth in this
section shall be approved within this time period. This sixty-day
period may be extended by mutual agreement of the Land Use Board and
the applicant.
b.
Incomplete applications. The Land Use Board may toll the sixty-day
time frame by notifying the applicant, within 30 days of receipt of
submission of an application, that the application is incomplete.
Such notification shall set forth all outstanding information, as
well as the applicable Code provision, ordinance, application instruction,
or publicly stated procedure requiring the information to be submitted.
The sixty-day time frame shall begin again upon receipt of the supplemental
submission.
c.
Subsequent incomplete applications. The Land Use Board may thereafter
toll the sixty-day time frame by notifying the applicant, within 10
days of receipt of the supplemental submission, that the applicant
did not provide the information identified in the original notice
delineating missing information. Second or subsequent notices of incompleteness
may not specify missing documents or information not previously delineated
in the original notice of incompleteness.
d.
Complete applications. The Land Use Board shall, within the sixty-day
time frame, approve all complete applications for co-location, removal,
or replacement of equipment at an existing wireless communications
tower or base station that do not constitute a substantial change
and that do not otherwise violate applicable health, safety, and other
requirements set forth in this section. If the Land Use Board determines
that an application constitutes a substantial change to an existing
wireless communications tower or base station, or otherwise fails
to comply with this section, it shall notify the applicant of same
in writing. If applicable, the Land Use Board shall advise the applicant
to initiate the site plan process required by this section.
e.
Applications on improper towers. Notwithstanding the foregoing, the
Land Use Board is not obligated to approve an application for co-location,
removal, or replacement of equipment on a tower or base station that
was constructed or deployed without proper review, was not required
to undergo siting review, or does not support transmission equipment
that received another form of affirmative state or local regulatory
approval.
f.
Failure to act. If the Land Use Board does not approve or deny an
application for co-location, removal, or replacement of equipment
at an existing wireless communications tower or base station within
60 days of receipt of the application or any applicable tolling periods
thereafter, the applicant may notify the Land Use Board in writing
that the review period has expired. Upon the Land Use Board's receipt
of this notice from the applicant, the application shall be deemed
granted.
The following regulations shall apply to all towers and tower-based
wireless communications facilities.
a.
Uniform Construction Code; Safety Standards; Standard of Care. Any
tower-based wireless communications facility shall be designed, constructed,
operated, maintained, repaired, modified, and removed in strict compliance
with all current applicable technical, foundation, safety, and safety-related
codes, including, but not limited to, the most recent editions of
the American National Standards Institute ("ANSI") Code, National
Electrical Safety Code, National Electrical Code, the New Jersey Uniform
Construction Code and the applicable standards for towers that are
published by the Electronic Industries Association, the Borough Code,
as well as the accepted and responsible workmanlike industry practices
of the National Association of Tower Erectors. Any tower-based wireless
communications facility shall at all times be kept and maintained
in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not endanger the life
of any person or any property in the Borough.
b.
Gap in Coverage. An applicant for a tower-based wireless communications
facility must demonstrate that a significant gap in wireless coverage
exists with respect to all wireless operators in the applicable area
and that the type of wireless communications facility being proposed
is the least intrusive means by which to fill that gap in wireless
coverage. The existence or nonexistence of a gap in wireless coverage
shall be a factor in the Land Use Board's decision on an application
for approval of tower-based wireless communications facilities.
c.
Co-location. An application for a new tower-based wireless communications
facility outside the ROW shall not be approved unless the Land Use
Board finds that the wireless communications equipment planned for
the proposed tower-based wireless communications facility cannot be
accommodated on an existing or approved structure or building. Any
application for approval of a tower-based wireless communications
facility shall include a comprehensive inventory of all existing towers
and other suitable structures within a two-mile radius from the point
of the proposed tower, unless the applicant can show to the satisfaction
of the Borough that a different distance is more reasonable, and shall
demonstrate conclusively why an existing tower or other suitable structure
cannot be utilized.
d.
Wind. Any tower-based wireless communications facility structures
shall be designed to withstand the effects of wind according to the
standard designed by the American National Standards Institute as
prepared by the engineering departments of the Electronics Industry
Association, and Telecommunications Industry Association.
e.
Height. Any tower-based wireless communications facility shall be
designed at the minimum functional height and shall not exceed a maximum
total height of 100 feet, which height shall include all subsequent
additions or alterations. All tower-based wireless communications
facility applicants must submit documentation to the Land Use Board
justifying the total height of the structure.
f.
Public Safety Communications. No tower-based wireless communications
facility shall interfere with public safety communications or the
reception of broadband, television, radio or other communication services
enjoyed by occupants of nearby properties.
g.
Maintenance. The following maintenance requirements shall apply:
1.
Any tower-based wireless communications facility shall be fully automated
and unattended on a daily basis and shall be visited only for maintenance
or emergency repair;
2.
Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Borough's residents;
3.
All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents; and
4.
Except in the case of documented emergencies, five-day written notice
of any and all maintenance activities shall be provided to the Chief
of Police and the Department of Public Works. Written notice of emergencies
and documented proof of same shall be provided to the Chief of Police
and the Department of Public Works as soon as practicable, but in
no case more than 48 hours from the date of emergency.
h.
Radio Frequency Emissions. No tower-based wireless communications
facility may, by itself or in conjunction with other wireless communications
facilities, generate radio frequency emissions in excess of the standards
and regulations of the FCC, including but not limited to, the FCC
Office of Engineering Technology Bulletin 65 entitled "Evaluating
Compliance with FCC Guidelines for Human Exposure to Radio Frequency
Electromagnetic Fields," as amended.
i.
Identification. All tower-based wireless communications facilities
shall post a notice in a readily visible location identifying the
name and phone number of a party to contact in the event of an emergency,
subject to approval by the Land Use Board.
j.
Lighting. Tower-based wireless communications facilities shall not
be artificially lighted, except as required by law and as may be approved
by the Land Use Board. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
k.
Appearance and Visual Compatibility Requirements.
1.
All tower-based wireless communications facility structures shall
be located, designed, and screened to blend with the existing natural
or building surroundings so as to minimize visual impacts through
the use of the latest stealth technology, including color and camouflaging,
architectural treatment, landscaping, and other available means, considering
the need to be compatible with neighboring residences and the character
of the community. The tower-based wireless communications facility
shall employ the most current stealth technology available in an effort
to appropriately blend into the surrounding environment and minimize
aesthetic impact.
2.
Any height extensions to an existing tower-based wireless communications
facility shall require prior approval of the Land Use Board. The Land
Use Board reserves the right to deny such requests based upon aesthetic
and land use impact, or any other lawful considerations related to
the character of the Borough.
3.
Any proposed tower-based wireless communications facility shall be
designed structurally, electrically, and in all respects to accommodate
both the wireless communications facility applicant's antennas and
comparable antennae for future users.
4.
Towers shall either maintain a galvanized steel finish, be painted
a neutral color, and employ stealth technology so as to reduce visual
obtrusiveness.
5.
At the wireless communications equipment building, the design of
the buildings and related structures shall, to the extent possible,
use materials, colors, tenures, screening, and landscaping that will
blend the tower facilities to the natural setting and surrounding
buildings.
6.
All tower-based wireless communications facility structures must
be designed to preserve scenic vistas and views of the Atlantic Ocean,
Barnegat Bay, all inlets, cultural and historical landmarks, and unique
geographic and topographic features. Natural features such as trees,
views, natural terrain, open waters, and natural drainage ridge lines
shall be preserved whenever possible in locating and designing a tower.
Towers shall further be designed and located to minimize impact on
open space and Green Acres properties.
7.
Any and all buildings or structures relating to the tower-based wireless
communications facility structures shall be located, designed, and
screened to blend with the existing natural or building surroundings
so as to minimize visual impacts through the use of stealth technology.
8.
Any and all buildings or structures relating to the tower-based wireless
communications facility structures shall not contain more than 1,600
square feet of gross floor area or be more than 15 feet in height.
9.
Equipment storage buildings or cabinets shall comply with all applicable
zoning and building codes.
10.
The wireless communications equipment building shall not exceed
10 feet for flat roofs or 15 feet for pitched roofs, which shall have
a minimum vertical rise of six inches for every 12 inches of horizontal
run, and the building must blend architecturally with any existing
building on the property. Pitched roofs shall be permitted only where
the applicant is proposing a structure designed to blend with the
local architectural context.
11.
When a location out of the view from off-tract properties is
not possible, appropriate foundation planting shall be provided outside
the wireless telecommunications equipment building.
12.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required.
(a)
Tower-based communications facilities shall be landscaped with
a buffer of plant materials that effectively screens the view of the
tower compound from property used for residences.
(b)
Existing mature tree growth and natural landforms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
13.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived by the approving
authority if the goals of this section would be better served thereby.
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible.
14.
An individual wireless carrier shall not occupy more than 400
square feet of the equipment building.
l.
Noise. Tower-based wireless communications facilities shall be operated
and maintained so as not to produce noise in excess of applicable
noise standards under state law and the Borough Code, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
m.
Aviation Safety. Tower-based wireless communications facilities shall
comply with all federal and state laws and regulations concerning
aviation safety.
n.
Nonconforming Uses. Nonconforming tower-based based wireless communication
facilities which are hereafter damaged or destroyed due to any reason
or cause may be repaired and restored at their former location, but
must otherwise comply with the terms and conditions of this section
and this Title 16.
o.
Removal. In the event that use of a tower-based based wireless communication
facility is planned to be discontinued, the owner shall provide written
notice to the Borough of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned based wireless
communication facilities or portions of based wireless communication
facilities shall be removed as follows:
1.
All unused or abandoned tower-based wireless communication facilities
and accessory facilities shall be removed within six months of the
cessation of operations at the site unless a time extension is approved
by the Borough.
2.
If the wireless communication facility and/or accessory facility
is not removed within six months of the cessation of operations at
a site, or within any longer period approved by the Borough, the wireless
communication facility and accessory facilities and equipment may
be removed by the Borough and the cost of removal assessed against
the owner of the wireless communication facility.
3.
Any unused portions of tower-based wireless communication facilities,
including antennas, shall be removed within six months of the time
of cessation of operations. The Borough must approve all replacements
of portions of a tower-based wireless communication facility previously
removed.
p.
Additional Antennae. As a condition of approval for all tower-based
wireless communications facilities, the applicant shall provide the
Borough with a written commitment that it will allow other service
providers to co-locate antennae on tower-based wireless communications
facilities where technically and economically feasible. The owner
of a tower-based wireless communications facility shall not install
any additional antennae without obtaining the prior written approval
as required in this section.
q.
Environmental. All tower-based wireless communication facilities
shall comply with all applicable environmental regulations.
r.
Visual or Land Use Impact. The Land Use Board reserves the right
to deny an application for the construction or placement of any tower-based
wireless communications facility based upon visual and/or land use
impact.
s.
Inspection. The Borough reserves the right to inspect any tower-based
wireless communications facility to ensure compliance with the provisions
of this section and any other provisions found within the Borough
Code or state or federal law. The Borough and/or its agents shall
have the authority to enter the property upon which a wireless communications
facility is located at any time, upon reasonable notice to the operator,
to ensure such compliance. If, upon inspection, the Borough concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
t.
Setbacks. The following setback requirements shall apply to all towers:
1.
Towers must be set back a distance equal to at least 100% of the
height of the tower from any adjoining lot line and all nonappurtenant
buildings and structures to ensure public safety in the event of a
collapse or fall of the tower, provided that distance is no closer
than the building setback applicable to the zoning district.
2.
Accessory buildings must satisfy the minimum zoning district setback
requirements.
3.
No tower shall exist within required buffer or conservation easement
areas.
u.
Separation distance from tower to tower. No tower shall be within
1,500 feet of another tower. Tower separation shall be measured from
the base of the tower to the base of the other tower.
v.
Insurance Requirements. All applicants shall be required to provide
proof of and maintain comprehensive general liability insurance covering
the tower-based wireless communications facility in the minimum coverage
amount of $5,000,000 for any one claim and $10,000,000 for any aggregate
claim. The insurance policy shall name the Borough as an additional
insured. The existence of any available and/or applicable insurance
shall not waive or release applicant from the obligations set forth
required indemnification agreement included in the application.
w.
Fence/Screen.
1.
A security fence having a maximum height of eight feet shall completely
surround any tower-based wireless communications facility, guy wires,
or any building housing wireless communications facility equipment.
2.
An evergreen screen that consists of a hedge or a row of evergreen
trees shall be located along the perimeter of the security fence.
3.
The wireless communications facility applicant shall submit a landscape
plan for review and approval by the Borough for all proposed screening.
x.
Accessory Equipment.
1.
Ground-mounted equipment associated to, or connected with, a tower-based
wireless communications facility shall be underground. In the event
that an applicant can demonstrate that the equipment cannot be located
underground to the satisfaction of the Borough Engineer, then the
ground-mounted equipment shall be screened from public view using
stealth technologies, as described above.
2.
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
y.
Access Road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to the tower-based
wireless communications facility. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the wireless communications facility owner shall present documentation
to the Borough that the property owner has granted an easement for
the proposed facility.
z.
Bond. Prior to the issuance of a permit, the owner of a tower-based
wireless communications facility outside the rights-of-way shall,
at its own cost and expense, obtain from a surety licensed to do business
in New Jersey and maintain a bond or other form of security acceptable
to the Borough Attorney, in an amount of $100,000 to assure the faithful
performance of the terms and conditions of this section and this Title
16. The bond shall provide that the Borough may recover from the principal
and surety any and all compensatory damages incurred by the Borough
for violations of this section, after reasonable notice and opportunity
to cure. The owner shall file the bond with the Borough.
No new wireless communications support structures shall be permitted
in any ROW, except that pursuant to federal law and N.J.S.A. 40:55D-46.2,
existing, approved utility poles approved by the appropriate authority
for public utilities and new utility poles approved by the appropriate
authority for public utilities in the rights-of-way located in the
Business Zone alone may be used for the co-location of wireless communications
facilities, provided they are not located within 50 feet of any residential
zone or residential lot line. No co-location shall be permitted in
any Residential Zoning District ROW. The following regulations shall
apply to such tower-based wireless communications facilities located
in the ROW.
a.
Time, Place and Manner. The Borough shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all tower-based wireless communications facilities in the ROW based
on public safety, traffic management, physical burden on the ROW,
and related considerations.
b.
Equipment Location. Tower-based wireless communications facilities
and accessory equipment shall be located so as not to cause any physical
or visual obstruction to pedestrian or vehicular traffic, or to otherwise
create safety hazards to pedestrians and/or motorists or to otherwise
inconvenience public use of the ROW as determined by the Land Use
Board. In addition:
1.
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb;
2.
Ground-mounted equipment that cannot be undergrounded shall be screened,
to the fullest extent possible, through the use of landscaping, stealth
technology, or other decorative features to the satisfaction of the
Borough;
3.
Required electrical meter cabinets shall the screened to blend in
with the surrounding area and employ stealth technology to the satisfaction
of the Borough;
4.
Any graffiti on the tower or on any accessory equipment shall be
removed at the sole expense of the owner within 10 business days of
notice of the existence of the graffiti; and
5.
Any underground vaults related to tower-based wireless communications
facilities shall be reviewed and approved by the Borough.
c.
Relocation or Removal of Facilities. Within 60 days following written
notice from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of tower-based wireless communications facility in the ROW
shall, at its own expense, temporarily or permanently remove, relocate,
change, or alter the position of any wireless communications facility
when the Borough, consistent with its police powers and applicable
regulations, shall determine that such removal, relocation, change,
or alteration is reasonably necessary under the following circumstances:
1.
The construction, repair, maintenance or installation of any Borough
or other public improvement in the right-of-way;
2.
The operations of the Borough or other governmental entity in the
right-of-way;
3.
Vacation of a street or road or the release of a utility easement;
and/or
4.
An emergency as determined by the Borough.
a.
Co-location and nonsubstantial changes to wireless communications
facilities shall be limited to the placement of wireless communications
on utility poles inside and outside the rights-of-way.
b.
The following regulations shall apply to the co-location of and changes
to wireless communications facilities that do not substantially change
the physical dimensions of the wireless communications support structure
to which they are attached.
1.
Uniform Construction Code; Safety Standards; Standard of Care. Any
wireless communications facility shall be designed, constructed, operated,
maintained, repaired, modified, and removed in strict compliance with
all current applicable technical, safety, and safety-related codes,
including, but not limited to, the most recent editions of the ANSI
Code, National Electrical Safety Code, National Electrical Code, the
New Jersey Uniform Construction Code and the applicable standards
for towers that are published by the Electronic Industries Association,
the Borough Code, as well as the accepted and responsible workmanlike
industry practices of the National Association of Tower Erectors.
Any wireless communications facility shall at all times be kept and
maintained in good condition, order, and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or any property in the Borough.
2.
Wind. Any co-location of and changes to wireless communications facilities
shall be designed to withstand the effects of wind according to the
standard designed by the American National Standards Institute as
prepared by the engineering departments of the Electronics Industry
Association, and Telecommunications Industry Association.
3.
Public Safety Communications. No co-location of and changes to wireless
communications facilities shall interfere with public safety communications
or the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
4.
Aviation Safety. Co-location of and changes to wireless communications
facilities shall comply with all federal and state laws and regulations
concerning aviation safety.
5.
Radio Frequency Emissions. No co-location of and changes to wireless
communications facilities may, by themselves or in conjunction with
other wireless communications facilities, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
6.
All wireless communications facilities and structures shall be located,
designed, and screened to blend with the existing natural or building
surroundings so as to minimize visual impacts through the use of the
latest stealth technology, including color and camouflaging, architectural
treatment, landscaping, and other available means, considering the
need to be compatible with neighboring residences and the character
of the community. The wireless communications facility, structure,
antenna, and all related equipment shall employ the most current stealth
technology available in an effort to appropriately blend into the
surrounding environment and minimize aesthetic impact.
7.
Separation distance from wireless communications facilities and antenna.
No wireless communication facility or antenna shall be within 500
feet of another. The separation shall be measured from the base of
the utility pole to the base of the other utility pole.
8.
Noise. Wireless communications facilities shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the Borough Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
9.
Historic Buildings or Districts. No wireless communications facility
may be located within 150 feet of any building or structure that is
listed on either the National or New Jersey Registers of Historic
Places or the official historic structures and/or historic districts
list maintained by the Borough, or has been designated by the Borough
as being of historic significance.
10.
Visual Impact and Safety. The Borough reserves the right to
deny an application for the construction or placement of any wireless
communications facilities based upon visual and/or land use impact,
and require design modification as a pre-condition to approval. No
co-location or nonsubstantial changes shall be permitted in any site
triangle or otherwise interfere with site lines and/or the public
health, welfare, and safety.
11.
Removal. In the event that use of the co-located or changed
is discontinued, the owner shall provide written notice to the Borough
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned wireless communications facilities
or portions of wireless communications facilities shall be removed
as follows:
(a)
All abandoned or unused co-location of and changes to wireless
communications facilities and accessory facilities shall be removed
within three months of the cessation of operations at the site unless
a time extension is approved by the Borough;
(b)
If the co-location of and changes to wireless communications
facilities or accessory facility is not removed within three months
of the cessation of operations at a site, or within any longer period
approved by the Borough, the wireless communications facility and/or
associated facilities and equipment may be removed by the Borough
and the cost of removal assessed against the owner of the wireless
communications facility.
12.
Maintenance. The following maintenance requirements shall apply:
(a)
The co-location of and changes to wireless communications facilities
shall be fully automated and unattended on a daily basis and shall
be visited only for maintenance or emergency repair;
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Borough's
residents;
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents; and
(d)
Except in the case of documented emergencies, five-day written
notice of any and all maintenance activities shall be provided to
the Chief of Police and the Department of Public Works. Written notice
of emergencies and documented proof of same shall be provided to the
Chief of Police and the Department of Public Works as soon as practicable,
but in no case more than 48 hours from the date of emergency.
13.
Bond. Prior to the issuance of a permit, the owner of each individual
non-tower wireless communications facility shall, at its own cost
and expense, obtain from a surety licensed to do business in New Jersey
and maintain a bond, or other form of security acceptable to the Borough
Attorney, in an amount of $25,000 for each individual non-tower wireless
communications facility, to assure the faithful performance of the
terms and conditions of this section. The bond shall provide that
the Borough may recover from the principal and surety any and all
compensatory damages incurred by the Borough for violations of this
section, after reasonable notice and opportunity to cure. The owner
shall file a copy of the bond with the Borough.
14.
Inspection. The Borough reserves the right to inspect any tower-based
wireless communications facility to ensure compliance with the provisions
of this section and any other provisions found within the Borough
Code or state or federal law. The Borough and/or its agents shall
have the authority to enter the property upon which a wireless communications
facility is located at any time, upon reasonable notice to the operator,
to ensure such compliance. If, upon inspection, the Borough concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
15.
Insurance Requirements. All applicants shall be required to
provide proof of and maintain comprehensive general liability insurance
covering the wireless communications facility in the minimum coverage
amount of $1,000,000 for any one claim and $3,000,000 for any aggregate
claim. The insurance policy shall name the Borough as an additional
insured. The existence of any available and/or applicable insurance
shall not waive or release applicant from the obligations set forth
required indemnification agreement included in the application.
Nonconforming wireless communications facilities, antennas,
or wireless communications support structures that are damaged or
destroyed may not be rebuilt without having to first obtain the appropriate
approval from the appropriate approving authority and without having
to meet the requirements specified in this section.
a.
A separate and distinct violation shall be deemed to be committed
each day on which a violation occurs or continues to occur. In addition
to an action to enforce any penalty imposed by this section and any
other remedy at law or in equity, the Borough may apply to a Federal
District Court for an injunction or other appropriate relief at law
or in equity to enforce compliance with or restrain violation of any
provision of this section.
a.
Police Powers. The Borough, by granting any permit or taking any
other action pursuant to this section, does not waive, reduce, lessen,
or impair the lawful police powers vested in the Borough under applicable
federal, state, and local laws and regulations.
[Added 12-14-2022 by Ord.
No. 2022-13]
As used in this section, the following terms shall have the
meanings indicated:
Individuals, partnerships, voluntary associations, and corporations.
Any temporary storage units which are the equivalent of trailers
without wheels or of lesser size and are typically used for storage
or transport of personal property.
[Added 12-14-2022 by Ord.
No. 2022-13]
It shall be unlawful for any person to store, park or place
any storage pod upon any residential property within the Borough of
Surf City without first filing for a permit with the Surf City Zoning
Department containing the information hereinafter specified and obtaining
from such Clerk a permit to do so, which shall be known as a "pod
permit." The fee for such a permit is hereby fixed at $50 for each
issuance. Such filing shall be made at least 48 hours prior to the
placement of the pod upon the property within the Borough.
[Added 12-14-2022 by Ord.
No. 2022-13]
a.
Any temporary storage permit shall be issued for a duration not to
exceed 90 days. Any such permit may be reissued for an additional
period of 90 days without an additional fee but no further reissuance
shall take place. In no event shall a pod remain upon property within
the Borough of Surf City beyond the time frame set forth within the
permit. In addition, any pod situated upon the property shall not
infringe upon any setbacks mandated by the local zoning ordinance,
with the exception of front yard setbacks for pods that are placed
in a driveway. There will be no pods stored on Borough of Surf City
streets.
b.
The use of a pod for the construction or reconstruction of a home
for the storage of materials related to that construction may be situated
for the duration of the construction, but any such pod for construction-related
purposes shall be removed within 30 days after the issuance of a CO/CA
for the dwelling under construction.
[Added 12-14-2022 by Ord.
No. 2022-13]
Each permit issued under this section must be prominently displayed
on the premises upon which the pod is located during the entire period
the pod remains on the property.
[Added 12-14-2022 by Ord.
No. 2022-13]
A copy of the approved application to be filed with the Borough
Clerk and Chief of Police by the Zoning Official pursuant to this
section shall be as follows:
a.
Name of the person, firm, group, corporation, association or organization
renting or owning the pod who has responsibility for the placement
and removal of the pod.
b.
Name of the owner of the property upon which the pod is to be located
and the consent of the owner if the permit applicant is other than
the owner.
c.
Location upon the property in which the pod is to be located.
d.
Date upon which the pod shall be removed from the property.
e.
Purpose for which the pod is to be placed upon the property.
f.
Sworn statement or affirmation by the person requesting the permit
that the information there and given is full and true and known by
him or her to do so.
[Added 12-14-2022 by Ord.
No. 2022-13]
There will be no double stacking of pods.
[Added 12-14-2022 by Ord.
No. 2022-13]
This section does not apply to PODS® being delivered and removed within the same day for moving purposes
only.
[Added 12-14-2022 by Ord.
No. 2022-13]
Upon application by any bona fide charitable, educational, cultural,
or governmental institution or organization, the Mayor and Council
may waive any or all of the requirements of this section, provided
that the burden of establishing eligibility for such a waiver shall
be on the organization applying for the waiver.
