A. 
Lot width. The minimum lot width shall be measured at the building setback line. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street, either street may be deemed the street upon which the property fronts.
B. 
Visibility at intersections. At the intersection or interception of two or more streets, no hedge, fence, or wall higher than 2 1/2 feet above gutter grade, nor any obstruction to vision other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting gutter lines bounding said lot, or the projection of such lines, and by a line connecting a point on each gutter line located 25 feet from the intersection of the street line.
C. 
Visibility on horizontal curves. On any street containing a horizontal curve, the sight distance along any chord of less than 200 feet shall be visually clear, that is, the area formed by such a chord and the horizontal curve shall be kept clear of all structures and vegetation.
A. 
Permitted exceptions.
(1) 
The following may be erected in excess of the height limitations stipulated elsewhere in this chapter; provided, however, that a setback of one foot from all front, side, and rear lot lines shall be provided for each additional two feet of height of such structures in excess of the established maximum height limitations as established in this chapter:
(a) 
Chimneys and cupolas not to exceed five feet in height.
(b) 
Flagpoles.
(c) 
Fire towers.
(d) 
Steeples.
(e) 
Tanks.
(f) 
Water towers.
(g) 
Communications, radio or television towers, masts, and aerials.
(h) 
Necessary mechanical appurtenances and permanent and partially enclosed grandstand facilities.
(2) 
No tower shall be used as a place of habitation or for tenant purposes.
(3) 
No signs, nameplate, display, or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank, or other structure which extends above the maximum height limitations.
B. 
Elevated structures.
(1) 
Existing structures. The maximum principal height for existing structures that are unaltered and elevated to comply with the Borough's Flood Damage Prevention Ordinance[1] are permitted a maximum height of 40 feet. The structures may only be elevated to the minimum height that provides for compliance with the ordinance.
[1]
Editor's Note: See Ch. 229, Flood Damage Prevention.
(2) 
New structures. All new or elevated structures shall comply with the following requirements:
(a) 
Structures that are built on conventional concrete or concrete block foundations shall provide a maximum exposed foundation of 40 inches.
[1] 
Siding treatment shall be extended downward to cover any foundation in excess of 40 inches. If stone or landscaped terraces are utilized to cover the foundation area in excess of 40 inches, those structures shall be located no closer than 10 feet from the property line.
(b) 
Structures that are built on piling- or pier-type foundations shall enclose the entire foundation with a finished architectural treatment, such as stone, masonry, framed lattice, framed louvers or siding to enclose the entire foundation.
[1] 
Landscape terraces may be utilized to enclose the foundation pilings or piers, provided the structure is set back a minimum of 10 feet from the property line.
A. 
General.
(1) 
Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, doorposts, and ornamental fixtures, which may not project more than six inches into such yards.
(2) 
Nothing in this chapter shall prevent the projection of a cornice over any required yard.
(3) 
Chimneys or flues associated with the principal structure may be erected within a rear yard or side yard, provided that they do not exceed 20 square feet in footprint area.
(4) 
In residential districts, a porch one story in height can project not more than six feet into the front yard and not more than five feet into the side yard but in no instance nearer than 10 feet to a side lot line and 24 feet to the front lot line (except R-M Districts).
B. 
Front yard. In residential districts, no principal building shall be nearer to the street line of any street than five feet of the average alignment of the existing principal buildings within 200 feet of each side of the lot on the same block. Buildings utilized for comparison shall be located on the same side of the street as the principal building and in any event shall not violate the minimum front yard setback.
C. 
Side yard of a corner lot.
(1) 
The side street setback lines of any existing corner lot platted on the Borough's Tax Maps shall not be less than 1/2 of the depth of the minimum front yard required on any adjoining lot fronting on a side street.
(2) 
Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side yard setback line no less than the minimum required front yard.
(3) 
Not more than one side yard shall be provided.
D. 
Waterfront properties. In residential districts, no principal building shall be nearer to the mean high waterline than within two feet of the average alignment of the existing principal buildings along 200 feet of each side of the lot on the same block. This shall not apply in the RMW District.
A. 
Attached accessory structures in all residential districts.
(1) 
When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this chapter applicable to the principal building.
(2) 
A deck is not considered an accessory structure if it is located within five feet of the principal building.
B. 
Erection of accessory structure. No accessory structure is to be erected prior to the start of construction for the principal building.
C. 
Location of accessory structure. No accessory structure is permitted in the front yard except:
(1) 
Flagpoles.
(2) 
Waterfront properties: sheds no greater than 10 feet by 12 feet and 10 feet in height that meet the required side yard setbacks for an accessory structure.
D. 
Height of accessory building. No accessory building shall exceed 15 feet or one story in height.
E. 
Alternative energy sources, such as wind turbines and solar farms, are not permitted.
F. 
Improvements shall not be placed or constructed within the Borough's right-of-way that is without curbing, i.e., sprinkler heads, decorative mailbox columns, pillars, fencing and any curbing, specialty or otherwise, such as Belgian block, not part of an approved development plan, a Borough road-improvement program or a public right-of-way without written permission from the Borough Council. Such items that are placed in the Borough public right-of-way shall not be the responsibility of the Borough should they be damaged, whether it be by snow plowing or otherwise.
G. 
Accessory private utilities.
(1) 
Accessory private utilities include generators, air-conditioning units, oil tanks and other similar private utilities that service the structures.
(2) 
The setback for replacement utilities is permitted in the footprint of the existing private utility but no closer to the property line than the setback distance of the existing utility.
(3) 
New utilities for a dwelling existing at the time of adoption of this chapter shall be no closer than five feet from the property line or the location of the current utility, whichever is furthest from the property line.
(4) 
The minimum setback of a utility for a newly constructed dwelling shall meet the setbacks required for the principal structure.
(5) 
Adequate screening of the utility shall be provided with a fence or plantings or combination thereof.
H. 
Radio, television and microwave antennas.
(1) 
In residential zones, including the R-1 through R-5, R-M and RMO Zones, the following antenna structures shall be permitted as accessory structures to a principal residential structure. No such antenna structures may serve more than one residential lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
(a) 
Two conventional television and/or radio antenna structures attached to a building, provided that they do not exceed the height limitations for the zone by more than 15 feet. Antenna structures operated by holders of a Federal Communications Commission amateur radio license may exceed the height limitations for the zone by 35 feet. Such antennas which exceed 20 feet above the point of attachment to the building shall be built to withstand winds of 75 miles per hour.
(b) 
Freestanding, noncommercial, mast- or pole-type radio and/or television antenna structures and one tower-type radio and/or television antenna structure, provided that they shall only be placed in the rear yard area, shall be located no closer than 15 feet to any property line and may exceed the height limitations for the zone by not more than 15 feet. In the event that any rear yard area shall be contiguous with the front yard area of an adjoining lot, such antenna structure shall be placed in a side yard, subject to compliance with the setback and screening requirements otherwise contained in this chapter. Antenna structures operated by holders of a Federal Communications Commission amateur radio license may exceed the height limitations for the zone by 35 feet. Such structures over 20 feet in height shall be built to withstand winds of 75 miles per hour.
(c) 
One satellite dish antenna structure erected on a secure ground-mounted foundation, provided that it shall only be placed in the rear yard, shall conform to the setbacks for a principal structure in the zone and shall not exceed 12 feet in height or 12 feet in diameter. In the event that any rear yard area shall be contiguous with the front yard area of an adjoining lot, such antenna structure shall be placed in a side yard, subject to compliance with the setback and screening requirements otherwise contained in this chapter. Any wires or connecting cables shall be buried underground, unless the antenna is located immediately adjacent to and mounted no more than seven feet from the structure being served. Each such structure shall be screened by fencing not to exceed six feet in height, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the antenna from any adjacent conforming residential property, any residential zone or any public street.
(2) 
In the B-1, B-2, V-C, and I Zones, the following antenna structures shall be permitted as accessory structures to a principal use, other than a residential use, on the same lot. No such antenna structures may serve more than one lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
(a) 
Conventional television and/or radio antenna structures attached to each building, provided that no antenna structure shall exceed the height limitations for the zone by more than 15 feet. Such structures which exceed 20 feet above the point of attachment to the building shall be built to withstand winds of 75 miles per hour.
(b) 
Freestanding, conventional, noncommercial radio and television antenna structures, provided that such antenna structures shall only be placed in the rear yard, shall adhere to setback and yard requirements for accessory structures in the particular zone but in no case shall be closer than 50 feet to any residential property line or zone boundary or closer than 15 feet to any other property line, and shall not exceed the height limitations for the zone by more than 15 feet. Such structures over 20 feet in height shall be built to withstand winds of 75 miles per hour.
(c) 
Satellite dish antennas. Such antenna structures shall be erected on a secure ground-mounted foundation located in the rear yard or may be mounted on a flat roof provided that it is no higher than 15 feet above the roofline and is concealed from public view. No antenna structure shall exceed 12 feet in diameter. Ground-mounted antenna structures shall conform to the setbacks for a principal structure in the zone, shall not exceed 12 feet in height and shall in no case be located closer than 50 feet to a residential property line or zone boundary. Wires or connecting cables for ground-mounted antennas shall be buried underground. Each ground-mounted antenna shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the structure from any adjacent conforming residential property, any residential zone or any public street.
There shall be no structure or plantings placed greater than four feet in height located within 10 feet of the side property line within the defined viewshed area. The "viewshed area" is defined as that area encompassing a space measured from half the distance between the rear facade of a principal building or the pool water edge (closest to the rear facade) and the mean high-water line or the property line at the water's edge, whichever is closest, at a 135° angle starting at the projection of the plane of the side facades of the principal structure to the rear property line of the property and adjacent properties.
390-20Viewshed.tif
A. 
Indoor recreational uses.
(1) 
Such uses shall be conducted entirely within an enclosed structure and include amusement centers, bowling alleys, skating rinks, movie theaters and similar places of amusement.
(2) 
There shall be no offensive noise or vibration. Such elements may be emitted only in accordance with the performance standards set forth herein.
B. 
Outdoor recreational uses.
(1) 
Such uses shall include golf courses, ice skating rinks, swimming pools, tennis courts and horse racing tracks and similar outdoor recreational uses.
(2) 
No building shall be located within 200 feet of any boundary of a residential zone.
(3) 
There may be permitted retail sales which are customarily accessory to the principal use.
(4) 
Unenclosed recreational facilities shall be located not less than 200 feet from any boundary of a residential zone, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining residential uses.
(5) 
Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.
(6) 
No public address system shall be permitted which is audible at any property line between the hours of 10:00 p.m. and 8:00 a.m.
Such uses include electric substations, transformers, switches, and auxiliary apparatus serving a distribution area, and water pumping stations except sewer pumping stations. Such uses shall be subject to the following regulations:
A. 
Such facility shall not be located in a residential zone.
B. 
The location, design and operation of such facilities shall not adversely affect the character of the surrounding area.
C. 
Adequate fences, barriers and other safety devices shall be provided on the premises and shall be landscaped in accordance with the provisions of § 390-24.
D. 
Noise emitted from electric substations shall not be greater than permitted in accordance with the standards set forth in Chapter 267.
A. 
Such facility, in the opinion of the governing body, is necessary to serve the surrounding residential area where it is not possible to serve such area from a facility located in a nonresidential district.
B. 
Such facility shall be located on a major traffic street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through residential streets.
A. 
General. Commercial and industrial uses in nonresidential districts when abutting a residence district or a waterway shall be screened from such districts or waterway in accordance with § 390-24.
B. 
Industrial establishments. In addition to meeting the minimum yard and lot coverage requirements, uses in the I District shall be subject to the following regulations:
(1) 
The side or rear yard setback from the nearest property line for accessory buildings shall be waived in such cases as the side or rear property line abuts a railroad right-of-way or siding.
(2) 
No building, storage area, or parking or loading area shall be located within 100 feet of the boundary of a residential zone. Ingress and egress to each lot shall be provided by not more than two driveways, each not less than 20 feet nor more than 30 feet in width. No driveway shall be located within 200 feet of the intersection of two public streets.
(3) 
Each use located in this zone shall provide truck loading and unloading facilities on the same lot and in other than the front yard or setback area so as to permit the transfer of goods in other than a public street.
(4) 
All industrial activities or processes shall take place within an enclosed building. Incidental storage shall be effectively screened from any public street or adjacent residential zones by fencing or landscaping.
(5) 
Prior to the issuance of a building permit or the change of type of manufacturing in this zone, the applicant shall submit evidence to the Construction Official that the proposed industrial operation complies in all respects with the regulations and standards of the various agencies of the State of New Jersey.
(6) 
All buildings in this zone shall be connected to a source of public water supply by means of a service line having a minimum inside diameter of six inches, and adequate sewage disposal shall be provided, subject to the approval of the state and local Boards of Health.
A. 
General requirements. Any multifamily development, including those which contemplate the sale of fee-simple units, shall be substantially in accordance with the Master Plan and shall consider the surrounding land features of the area, including, but not limited to, residences; schools; parks; other reservations of open spaces; location, width and grade of streets and location and arrangement of parking spaces; local and regional business areas and shopping centers; densities proposed for surrounding areas; and other such features as shall contribute to the harmonious development of the area, with due regard to the character of the neighborhood and its peculiar suitability for this type of use.
B. 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.
(1) 
If the development of multifamily units is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of this chapter shall be fully complied with at the completion of any stage.
(2) 
The developer shall assure the provision of required improvements by means of a proper performance guaranty in the form of a bond or the deposit of funds or securities in escrow to cover the cost of the improvements. The work shall be performed in accordance with all requirements and the approved plans.
(3) 
The materials used for exterior construction shall be of a permanent nature requiring minimal maintenance and subject to Planning Board approval.
C. 
The area shall be adaptable to the existing roadway network and community character, being located in relation to major thoroughfares, streets, shopping or other facilities, and as far as possible shall have within or through it no major thoroughfare or other physical feature which will tend to destroy the neighborhood or community cohesiveness.
D. 
R-M Zoning District bulk requirements.
(1) 
There shall be a setback from other residential zones which the area abuts of not less than 100 feet.
(2) 
There shall be a setback from the ultimate right-of-way of each street on which the area abuts which shall be not less than 75 feet in depth.
E. 
RMO Zoning District bulk requirements.
(1) 
Area of tract: not less than 20 acres.
(2) 
Building coverage. Not more than 25% of the land area may be occupied by buildings.
(3) 
Dwelling units per acre. There shall be no more than an average of six dwelling units per gross acre. There shall be no more than an average of seven units per developable acre. For the purpose of this subsection, the term "developable" shall mean those areas included within the site which are suitable for development and do not lie within any floodplain area. "Developable area" also means that area included within the site which is an integral part of the site design, including, but not limited to, structures, parking areas, access driveways, walkways, recreation areas, common areas, open spaces and any other area devoted to the aesthetic considerations conducive to the development.
(4) 
Habitable area. No dwelling unit shall contain less than 1,250 square feet of habitable floor area.
(5) 
Bedrooms. No dwelling unit shall contain more than two bedrooms.
(6) 
Height of building. No building shall exceed the height of 30 feet or two stories (exclusive of basement), whichever is greater, as measured in accordance with the height definition pursuant to § 390-12.
(7) 
There shall be a setback from the ultimate right-of-way of each public street on which the site abuts which shall be not less than 75 feet, except that the setback from existing Pleasant Place shall be not less than 30 feet, and provided that the provisions of the landscape planting requirements for buildings and parking areas in accordance with this chapter are met.
(8) 
There shall be a setback from the right-of-way of any railroad of not less than 30 feet, and provided that the provisions of the landscape planting requirements for buildings and parking areas in accordance with this chapter are met.
(9) 
There shall be a setback from any residential parcel not committed to an RMO use of not less than 30 feet, and provided that the provisions of the landscape planting requirement for buildings and parking areas in accordance with this chapter are met.
(10) 
There shall be a setback requirement from any cartway of 26 feet in front, 20 feet in the rear and 15 feet on either side.
(11) 
There shall be no minimum setback requirements to other residential land uses except as indicated in this Subsection E of § 390-21.5.
F. 
Distance between buildings.
(1) 
In the layout of multifamily units on a lot or tract of land, the following minimum distances shall be maintained:
(a) 
For the RMO District only, between any building or portion thereof designed for residential use and any other structure designed as a dwelling unit: 40 feet.
(b) 
Between all main buildings and detached accessory buildings: 40 feet.
(c) 
Between the ends of all buildings, where walls are parallel to each other: 40 feet.
(d) 
Between the ends of all buildings, where walls are parallel to each other and driveways are introduced in order to reach parking areas: 50 feet.
(e) 
From the front facade of a structure to the front or rear of an opposite structure, where walls are parallel: 70 feet.
(f) 
From the rear facade of a structure to the rear facade of an opposite structure, where walls are parallel: 60 feet.
(g) 
From the front facade of a building to the side wall of an adjoining building, where walls are parallel: 40 feet.
(h) 
There shall be no minimum side yard setback requirements except those stipulated in all Subsection E of § 390-21.5 where fee-simple sales developments are proposed by the developer.
(2) 
The term "parallel," as used in this section, shall include the meaning "approximating or approaching parallel position," but in any event the deviation from true parallel shall not exceed 20°, provided that, in the event of cluster-type development, the distance shall be as approved by the Planning Board in its site plan approval.
(3) 
In the RM District, there shall not be more than 12 building units per structure.
(4) 
In the RMO District, there shall not be more than eight building units per structure. There shall be a horizontal break of at least four feet in the facade at least every four units in a row.
G. 
Parking.
(1) 
Parking areas shall be so placed as not to interfere with any recreation or service area and shall not be less than 25 feet from residential property lines or ultimate right-of-way lines.
(2) 
In the RMO District, parking areas shall not contain more than 10 parking spaces in a row without a landscape island intervening.
(3) 
In the RMO District, parking is not permitted within the cartway.
H. 
Service. Areas for loading and unloading delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other service shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
I. 
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the development without undue congestion to or interference with normal traffic flow. The Planning Board shall satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic engendered by the apartment as well as to the street frontage of the proposed district.
J. 
Utilities. All buildings within the development shall be served by a public sanitary sewage disposal system and public water supply or available public utilities. All utility lines shall be placed underground.
K. 
Lighting facilities provided shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of residents.
L. 
Landscaped planting shall be provided around buildings, parking areas and as otherwise required by this chapter, as well as along the perimeter of land occupied by a multifamily development. Such plantings shall consist of nondeciduous plant material at least six feet in height at planting and providing screening equal to 60% coverage of the planting area.
M. 
Open space. The developer shall be required, where possible, to preserve or incorporate natural features such as woods, streams and open space areas which add to the overall cohesive development of the area. However, all conditions deemed hazardous by the Planning Board, including natural feature hazards, are to be eliminated, or all precautions deemed appropriate by the Planning Board to reduce the hazard are to be provided by the developer.
N. 
Recreation. The developer shall provide community areas, laundry facilities, playgrounds, tot-lots, and other services necessary for the comfort and convenience of residents.
O. 
Homeowners' association for the RMO District. The developer shall present to the governing body of the Borough for its approval a declaration of covenants, conditions and restrictions whereby the Borough will be assured of the homeowners' association's responsibility and rights for such things as, but not limited to, trash and garbage collection, snow removal, cartway maintenance, animal restrictions and building modifications. Prior to said Borough approval, the developer shall be responsible for the implementation and continuation of the items of maintenance set forth above. The homeowners' association shall satisfy the criteria set forth in N.J.S.A. 40:55D-43 and, among other things, shall also satisfy the following criteria:
(1) 
Such association shall be organized as a nonprofit corporation prior to the sale of any dwelling unit.
(2) 
The association and any property owned by it shall be free of all liens and encumbrances.
(3) 
Membership in such association shall be mandatory as to all unit owners.
(4) 
All restrictions pertaining to utilization of open space shall be permanent in nature.
(5) 
The association shall be responsible for the payment of liability insurance and all local taxes, as well as responsible for the maintenance of all facilities owned by it.
(6) 
The association, its bylaws and rules and regulations shall be subject to the approval of the governing body of the Borough of Oceanport.
P. 
An operator-manager or other responsible representative of the landlord should be in residence at all times.
Q. 
Fire walls shall be provided between adjacent units, running to the roof.
R. 
Trash and garbage collection. The owners of any apartment complex shall provide for daily collection of garbage from central points. Central points shall be located internally to the site so as not to be visible from any public street. They shall be effectively screened by a fence and/or hedge at least six feet high and not more than 40% open.
S. 
Heating. Before construction, the developer must produce an affidavit from a heating engineer certifying that each dwelling unit can maintain an inside temperature of 70° F. with an outside temperature of -10° F.
T. 
Storage. The developer shall provide an additional space of a minimum of 500 usable cubic feet for each multifamily dwelling unit separate from the normal closet space for the storage of items not necessary to everyday living requirements and where personal belongings and effects may be stored under lock and separated from the belongings and effects of other occupants.
U. 
Boats and trailers. No outside parking or storage is permitted.
V. 
An easement shall be granted to the Borough providing for access for emergency vehicles for ingress and egress over the aforementioned roadways.
W. 
Multifamily Waterfront (RMW) development criteria.
(1) 
Area of tract. The minimum tract area shall be the entirety of the RMW Zone; no subdivision shall be permitted. This shall not preclude dedication of land or easements for public right-of-way, public access, or other public purpose.
(2) 
Maximum density. The maximum gross density for the tract shall be 11 dwelling units per acre. Notwithstanding, the maximum number of dwelling units on a tract shall be 20 dwelling units.
(3) 
Bulk building requirements.
(a) 
Building setbacks.
[1] 
Front yard setback: two-story building, 25 feet; three-story building, 35 feet.
[2] 
Side yard setback: 10 feet.
[3] 
Rear yard setback: 25 feet.
[4] 
Mean high-water line setback: 150 feet.
(4) 
Building height.
(a) 
Where off-street parking is located beneath the building: the maximum building height shall be four stories or 45 feet (parking level constitutes a story).
(b) 
Where off-street parking is not located beneath the building: the maximum building height shall be three stories or 35 feet.
(5) 
Building coverage. Not more than 25% of the tract area may be occupied by buildings.
(6) 
Impervious coverage. Not more than 75% of the tract may consist of impervious cover.
(7) 
The front of residential buildings shall be oriented toward public or private streets or open water.
(8) 
Architectural styles must be compatible with the turn-of-the-century racetrack/seaside village theme. Architectural styles must not be mixed in the same building. The use of detailing, such as window shutters on upper floors, is recommended and encouraged where appropriate to the architectural style. Blank walls will not be allowed.
(a) 
Vinyl siding shall be prohibited.
(9) 
Circulation.
(a) 
Vehicle access to residential buildings shall take place at the rear of the buildings.
(b) 
Sidewalks shall be provided on both sides of each private or public street or drive.
[1] 
Sidewalks shall have a minimum width of four feet.
(c) 
A public walkway shall be provided along the waterfront of the Oceanport Creek.
[1] 
A public easement of 20 feet in the width shall be provided for the walkway.
[2] 
The public walkway shall have a minimum width of 10 feet.
(10) 
Planting and buffer requirements.
(a) 
A ten-foot buffer shall be provided along the side and rear yards.
(b) 
Planted buffers shall consist of a mix of evergreen trees, deciduous trees and ornamental trees and shrubs.
(c) 
All parking shall be screened from adjacent residential properties and public/private streets and drives. Screening shall consist of an evergreen hedge or shrubs at a minimum planting height of four feet. A fence may be used in lieu of plantings.
(d) 
Shade trees shall be provided in all uncovered off-street parking areas at a ratio of one tree per three parking spaces.
(11) 
Lighting.
(a) 
Adequate lighting to ensure safe pedestrian and vehicle travel shall be provided.
(b) 
All light fixtures shall be shielded with a 90% cutoff.
(c) 
Site lighting shall meet the standards in the IESNA Lighting Handbook, 9th edition or as may be amended, for maintained illuminance values for parking lots - basic (Figure 61) and average maintained illuminance level for pedestrian ways (Figure 63).
(d) 
The maximum height of light fixtures shall be 16 feet.
(12) 
Parking.
(a) 
Surface parking and individual residential garages shall not be visible from public streets.
(b) 
Parking may be provided beneath or as the first story of any structure.
(c) 
Parking setback:
[1] 
Side or rear yard abutting a nonresidential or mixed use: 10 feet.
[2] 
Side or rear yard abutting open water: 30 feet.
[3] 
Front yard where off-street parking is located beneath the building: not less than the setback of the front facade for the principal building.
[4] 
Front yard where off-street parking is not located beneath the building: 50 feet.
(d) 
Residential parking shall be provided pursuant to the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21).
(13) 
Affordable housing contribution.
(a) 
20% of the dwelling units developed shall be affordable dwelling units.
(b) 
The affordable dwelling units shall meet all applicable regulations of the Council on Affordable Housing and the Uniform Housing Affordability Control rules (N.J.A.C. 5:80-26 et seq.), including, but not limited to, bedroom distribution, income distribution, and affordability controls.
X. 
Collection of storage of recyclable materials in multifamily housing.
(1) 
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
(2) 
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
(3) 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins, or containers.
(4) 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(5) 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(6) 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
A. 
Every use, activity, or structure, in all zoning districts, shall provide sufficient space for access and off-street standing, parking, circulation, unloading, and loading of motor vehicles in a quantity equal to not less than the sum of all applicable standards as provided for in this section.
B. 
The provisions of this section shall be complied with each time a nonresidential use or structure is expanded or changed.
C. 
Number of parking spaces. The number of off-street parking spaces required for nonresidential uses shall be as set forth in Table 1.
Table 1: Off-Street Parking Requirements
Uses1
Minimum Off-Street Parking Spaces Required
Bowling alley
5 spaces for each alley
Churches, synagogues, other places of worship, community buildings, country clubs, social halls, lodges, fraternal organizations or similar uses
1 space for each 3 permanent seats; when individual seats are not provided, 1 space for every 75 square feet of floor area occupied by all principal and accessory structures2
Medical office
1 space per 200 square feet of gross floor area
Assisted living facility or nursing home
1 space for every 3 beds
Manufacturing, industrial and general commercial not specified herein
1 space for each 1,000 square feet of floor area, plus 1 space for each 4 employees in the shift with the maximum number of workers
General office
4 spaces for every 1,000 square feet of gross floor area
Restaurant, bar and nightclub
1 space for every 3 seats
Retail store
5 spaces for every 1,000 square feet of floor area
Wholesale establishment or warehouse
1 space for every 2 employees in the maximum shift. The total parking area shall not be less than 20% of the building floor area.
NOTES:
1
For any other use not specified in Table 1, the minimum number of parking spaces required shall be guided by the number of persons employed in said use and the number of persons expected to visit or patronize the use.
2
Parking for churches, synagogues, and houses of worship. The number of required off-street parking spaces may be eliminated or reduced if there exists, within 500 feet of the church, synagogue or house of worship, public or private parking lots containing a sufficient number of off-street parking spaces to satisfy the requirements of Table 1. The church, synagogue or house of worship must provide the difference if the number of parking spaces in the private or public lots is below the number required by Table 1. Any spaces provided in public or private lots must be shown to be available for worshipers on the day or days of greatest use.
D. 
The use of "paper" streets as parking areas to meet the required parking shall be prohibited.
E. 
Minimum distance and setback. Off-street parking and loading facilities for four or more parking spaces in the B, V-C or I District shall not be closer than 10 feet to a property located in a residential district or which is comprised of a residential use or any street right-of-way.
F. 
Commercial vehicles and equipment in residential zones. Commercial vehicles and equipment, except for one pickup or panel truck with up to a 3/4-ton capacity rating, parked in a residential zone shall be kept in an enclosed garage, except when engaged in delivery or pickup.
G. 
Parking in the front yard for nonresidential uses. Off-street parking is not permitted within the first 15 feet of any front yard.
H. 
No parking for nonresidential uses shall be provided within five feet of any structure.
I. 
Shared parking.
(1) 
Required off-street parking may be provided on a lot other than the lot which generates the parking demand, provided that, at the closest point, the lots are within 300 feet of each other and that the remote parking lot is permanently controlled by the owner of the lot containing the parking generator.
(2) 
For mixed-use developments, a shared parking approach to the provision of off-street parking shall be permitted following the methodology described in the publication Shared Parking (Urban Land Institute and Barton Aschman Associates, Inc., Urban Land Institute, 1984).
J. 
Trailers and recreational vehicles.
(1) 
Trailers for such equipment as boats, jet skis, and other recreational equipment shall not be parked within 25 feet of the curb or edge of right-of-way.
(2) 
No trailer or recreational vehicle shall be parked on any street for the purpose of repair or storage. Any such trailer or recreational vehicle undergoing major repair shall be kept within a building and shall not, during such period of repair, be used by any person as a dwelling or sleeping place.
(a) 
A recreational vehicle may be parked on any parcel, provided that:
[1] 
Such vehicle is not permitted to be parked in the front yard.
[2] 
Such vehicle is unoccupied.
[3] 
The length of such vehicle, including hitch, does not exceed 24 feet.
[4] 
In a residential district, not more than one such vehicle shall be permitted on a lot per dwelling unit.
[5] 
Screening shall be as required in § 390-24.
K. 
Garages. No living quarters shall be permitted in any garage building.
L. 
Carports. Carports are prohibited.
In any district, in connection with every building group or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing or commercial uses or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such buildings off-street loading berths or unloading berths as follows:
A. 
10,000 to 49,999 square feet of gross floor area: one loading space.
B. 
For each additional 100,000 square feet of gross floor area: one loading space.
A. 
Within any zone in which a nonresidential, indoor, or outdoor recreational use or multifamily use abuts a residential use or zone, a minimum fifty-foot buffer shall be provided. Buffer areas shall be contiguous with residential property lines and shall be of uniform width.
B. 
Nonresidential uses which abut a residential use shall provide screening in the form of a fence or hedge at least six feet high and not more than 40% open.
A. 
Fences.
(1) 
Residential fences may be no higher than four feet in the front yard and six feet in the side or rear yard.
(2) 
The fence material shall not be substantially dangerous. This interpretation is meant to include barbed wire but is not limited thereto.
(3) 
No fence shall be erected in a front yard of any lot in a residential zone or along a public right-of-way unless the fence is less than 50% solid. Such fence shall be no closer than one foot to the Borough road, street and/or right-of-way in accordance with the definition of "streets" appearing in § 390-12.
(4) 
No fence shall be erected on any lot within 25 feet from the intersection of two or more public rights-of-way more than 2 1/2 feet in height.
(5) 
All fences must be constructed with the face or finished side away from the property and the structural side toward the interior.
(6) 
Stone and masonry walls are not considered to be fences and are prohibited.
A. 
No driveway shall be within five feet of a side property line or within 15 feet of a rear property line for newly constructed or substantially reconstructed dwellings.
B. 
Residential driveways shall be limited to 24 feet wide for garages that face the street and may transition to 36 feet wide starting at a point 24 feet from the dwelling.
C. 
Driveways for side-entry garages and rear-yard garages shall be limited in width to that for a single-car garage in the front yard area.
D. 
Residential properties with greater than 100 feet of frontage on a single street shall be permitted up to a total of two driveways; otherwise only a single driveway is permitted.
E. 
A driveway apron shall be provided at the intersection of all driveways with the public roadway. The apron shall be made of concrete when it abuts or may in the future abut a concrete sidewalk; otherwise, asphalt or suitable paver materials maybe utilized. The apron shall extend a minimum of six feet from the edge of the road or the back edge of the sidewalk, whichever is greater. Construction details are to be approved by the Borough Engineer.
F. 
On-street parking shall only be on streets where it is permitted and then only on the paved portion on the roadway. Parking shall not occur on unimproved surfaces such as dirt, grass, stone, or similar surfaces.
G. 
Turnaround areas.
(1) 
Properties that front on the following roads shall provide on the property a means, such as a "K-turn" area, for vehicles to turn around within the property boundaries prior to exiting the property:
(a) 
Monmouth Road.
(b) 
Eatontown Boulevard.
(c) 
Monmouth Boulevard.
(d) 
Branchport Avenue.
(e) 
Port-Au-Peck Avenue (Wolf Hill Avenue to Comanche Drive).
(f) 
Shrewsbury Avenue (Monmouth Boulevard to Branchport Avenue).
(g) 
Monmouth Boulevard (Myrtle Avenue to Branchport Creek Bridge).
(h) 
Main Street.
(2) 
The K-turnaround shall be at least 28 feet deep, including the driveway width. The turnaround area shall be at least five feet off of the side property line and 15 feet off the rear property line.
[Amended 11-2-2023 by Ord. No. 1084]
A. 
A portable on-demand storage structure may be utilized as a temporary structure within the Borough when in compliance with the standards of this section. Any use of such structures within the Borough not in compliance with this section shall be unlawful and subject to fines and penalties as permitted under this Code.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PORTABLE STORAGE UNIT
A transportable unit designed and used for the temporary storage of household goods, personal items, construction materials and supplies, and other materials which are placed on a site for the use of occupants of a dwelling or building on a temporary or limited basis. Portable storage units include, but are not limited to, "PODS®," "mobile attics" and other similar portable on-demand storage containers. A dumpster is not considered a temporary storage structure.
STORAGE
The act of storing goods or the state of being stored; a space for storing goods.
C. 
Permit required. Use of a portable on-demand storage structure shall only be permitted where a zoning permit has been issued by the Zoning Officer.
(1) 
Applications for the permitted use of a portable on-demand storage structure may be obtained through the Borough's online application portal available on the website. Failure to obtain permission for placement of such temporary structure shall result in the issuance of an after-the-fact permit with a fee set at 10 times the amount of a permit issued prior to erection of such structure.
(2) 
The application shall be submitted by the property owner requesting use of a portable on-demand storage structure with a copy of the property survey showing the location of the structure on the site and detailing the distance of the structure(s) from other buildings, fire hydrants, Fire Department connections and/or utilities.
(3) 
All portable on-demand storage units shall be placed in driveways or side yards unless otherwise approved by the Zoning Officer, but in no case shall the portable on-demand structure be located in the street or right-of-way.
(4) 
Front yards. No temporary storage unit/structure shall be located within a front yard unless located on an existing driveway and shall be at least 15 feet back from the street line and not set on the driveway apron.
(5) 
Side and rear yards. All temporary storage unit/structures must be located at least five feet from any rear or side yard line of the property.
(6) 
The maximum size of a temporary/portable structure shall be eight feet in height, 10 feet in width and 20 feet in length.
D. 
Length of time structures may be on property; extensions.
(1) 
A portable on-demand storage structure may be located as a temporary structure on property within the Borough for a period not exceeding 60 days in duration from time of delivery to time of removal in circumstances where a construction permit for the property has not been issued. Where exceptional circumstances exist, the Zoning Officer may alter the permit to extend the time where these structures may be permitted on property.
(2) 
In such circumstances where a construction permit has been issued for the property, the portable on-demand storage structure may be located as a temporary structure on property for a period not exceeding 90 days, with the right to three thirty-day extensions if deemed necessary and appropriate by the Zoning Officer. In no event may a portable on-demand storage structure be located on property for a period in excess of 180 days in any twelve-month period. Extensions beyond 180 days may be granted by resolution of the Borough Council. The property owner seeking said extension must submit their request through the Borough Clerk at the time that the last thirty-day extension is applied for.
(3) 
An application for an extension of time shall be accompanied by a $25 fee.
E. 
Number of units. No more than two portable on-demand storage structures may be located on a specific piece of property within the Borough at one time; such structures shall be individually limited to the duration time period established herein.
F. 
Toxic or hazardous materials. No portable on-demand storage structures located within the Borough shall contain toxic or hazardous materials.
G. 
Enforcement provisions.
(1) 
The Zoning Officer shall notify the person or entity in control of the property upon which the portable storage container is located, the person or entity that controls, owns or leases the subject container, or the agent thereof in the event of a violation. Notice shall be made, in writing, by certified mail, return receipt requested, and regular mail or hand delivery.
(2) 
Failure to comply. If the owner, tenant, person or entity or the agent thereof fails, neglects or refuses to comply with this section upon notice of any violation, the Borough may remove the subject storage structure without further notice.
H. 
Fines. Failure to comply with any section of this section may result in a fine not to exceed $1,000 per violation, a term of imprisonment not to exceed 90 days, or any combination thereof.
A. 
Sign permits. Permits shall be required and shall be procured from the Zoning Officer for all signs greater than three square feet in area. "Area," as applied to the size of any sign, shall mean the maximum projected area of the shape which encloses the sign structure, device, or representation. A sign permit shall not be required for temporary real estate signs and political signs, provided they are removed within 10 days of the election.
B. 
Residential districts. The following types of signs are permitted in all residential districts and as follows:
(1) 
Single-family and two-family dwellings: signs bearing the name of the person(s) residing on the premises, provided that the signs shall not exceed two square feet in area and the top edge of the sign shall not be more than five feet above grade level and, if illuminated, shall be nonflashing, and further provided that the lighting unit shall be attached to the sign, shall contain no more than 100 watts of illumination per side and shall have a proper shield so that the rays of illumination shall not project beyond the area of the sign.
(2) 
For multiple-family dwellings, a single identification sign not exceeding 12 square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot two such signs (one facing each street) shall be permitted.
(3) 
Signs of schools, churches, parish houses or other institutions of a similar public or semipublic nature may be erected and maintained, provided that:
(a) 
The size of any such sign is not in excess of 24 square feet.
(b) 
Not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event two such signs may be erected, one on each frontage.
(4) 
Lease, sale, or open house signs.
(a) 
Temporary signs pertaining to the lease or sale of the same lot or building on which the sign is placed, provided that the above signs shall not exceed eight square feet in area, shall not be illuminated and shall not project beyond the property lines. All temporary signs shall be removed within 180 days from the date installed. In no case shall real estate signs indicate property sold, foreclosed or bank-owned.
(b) 
In addition to the signs permitted under Subsection B(4)(a) of this section, there shall also be permitted three temporary signs advertising an open house in connection with the sale of any residential dwelling, subject to the following restrictions:
[1] 
One sign only shall be placed on the lot or building being sold, and two directional signs may be placed off site. Directional signs may be placed in the public right-of-way barring they do not block a site triangle, but shall not be placed on private property owned by another person without the owner's written permission.
[2] 
The signs hereby authorized shall not be larger than 18 inches by 24 inches, and the top of each such sign shall not be higher than 42 inches above the ground, which includes anything tied to the sign, such as balloons or other materials that could obstruct views for traffic safety. If the open house is being conducted by a real estate licensee, all signs shall contain the name, business office address and telephone number of such real estate licensee.
[3] 
The open house may be for either the public or realtors only.
[4] 
The sign shall be placed only on the day of the open house and shall be removed immediately upon the conclusion of the open house. Both signs shall contain the day of the week on which the open house is being conducted.
[5] 
No "open house" sign shall be illuminated.
[6] 
Any violation of these restrictions shall be subject to a penalty per sign as set forth in Chapter 1, § 1-15, General penalty, and each day that a violation continues shall be considered a separate and specific violation and not as a continuing offense.
(5) 
Development signs.
(a) 
The size of any sign shall not be in excess of 40 square feet.
(b) 
Not more than two signs shall be placed upon any property, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.
(c) 
Any such sign shall be removed by the developer within 30 days of the final sale.
(6) 
Artisans' signs. Signs of mechanics, painters, and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that:
(a) 
The size thereof is not in excess of 12 square feet.
(b) 
Such signs are removed promptly upon completion of the work.
C. 
Nonresidential signs. Signs identifying and advertising nonresidential uses are permitted in B, V-C, VC-AH, and I Districts in accordance with the following regulations:
(1) 
Maximum size of sign in square feet or percent of wall area, whichever is less:
Type of Sign
Square Feet
Percent of Wall Area*
Nonilluminated
20
10
Illuminated, but nonflashing
10
5
*
Includes windows and door area on which or in which the sign or signs are displayed.
(2) 
Projection of signs. No sign shall project more than 15 inches from the wall of any building.
(3) 
Interference with traffic safety. No sign shall be so placed as to interfere with a highway, traffic light, traffic vision or similar safety factors.
(4) 
Number of signs. Only one sign shall be permitted on one facade of a building for each use, business, person or activity coming within the provisions of this section; provided, however, that in no case shall the total area of signs advertising or calling attention to a business on any one premises exceed 30% of the wall surface, including window and door area of the building located on the premises.
(5) 
Height of sign. No part of any sign shall extend above the top or beyond the ends of the wall surface on which it is placed; no sign, except such directional devices as may be required by federal aeronautical authorities, shall be placed, inscribed or supported upon the roof of any building; and no sign shall be placed so as to interfere with the opening of an exit door or to obstruct any window opening to a room to be used for dwelling purposes.
(6) 
Freestanding signs.
(a) 
Freestanding signs shall be limited to one per establishment.
(b) 
No portion of any such sign shall be no more than 10 feet above the ground.
(c) 
The area of any individual freestanding sign shall not exceed six square feet.
(d) 
No portion of a shopping center freestanding sign shall be more than 20 feet above the ground. The area of any one side of such sign shall not exceed 100 square feet. The location and orientation of such sign shall be shown on the site plan. At no time shall there be more than two freestanding signs per shopping center.
(e) 
In the case of a group of business uses other than a shopping center, on a lot held in single and separate ownership, a single freestanding sign including individual signs identifying different establishments may be erected on a common backing, provided that the total area of one side of the sign does not exceed 20 square feet. The structural backing for all such signs shall be uniform, and no sign may extend in any direction beyond the outside edge of the backing. No portion of any such backing shall be more than 20 feet above the ground.
(7) 
Billboards. No billboards shall be permitted within the limits of the Borough.
The raising and keeping of reptiles, poultry, swine, horses, goats, cows, or other large mammals, except as necessary to the permitted principal use in a B-2 District, is prohibited. Any building housing said animals shall be located at least 100 feet from any property line.
Materials designated in the Borough of Oceanport Recycling Ordinance, Chapter 325, Articles II and III, shall be separated from other solid waste by the generator, and a storage area for recyclable material shall be provided as follows:
A. 
For each subdivision application for 50 or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables, including, but not limited to, newspaper, glass bottles, aluminum cans and tin and bimetal cans. The storage area may be located in the laundry room, garage, basement, or kitchen.
B. 
For each subdivision application for 25 or more multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables, including, but not limited to, newspaper, glass bottles, aluminum cans and tin and bimetal cans. The storage area may be located in the laundry room, garage, basement, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
A. 
Application for permit.
(1) 
Application for a permit for the construction and maintenance of any swimming pool, as defined, shall be made to the Zoning Official and Construction Official by the owner of the property upon which it is to be constructed or by the contractor who will construct the same.
(2) 
The application shall be accompanied by duplicate sets of plans, specifications, and plot plans of the property. The plot plan shall show the location of the proposed pool on the property, together with any proposed accessory buildings or structures. The plot plan shall also show the location, type and height of fencing or enclosure as may be required. Such plot plan shall further indicate if the proposed pool will be higher than the existing grade of the property and, if so, by how much.
(3) 
No permit will be issued until a Borough Construction Official has inspected the premises upon which the pool will be constructed.
(4) 
It shall be unlawful to establish or construct a swimming pool without first obtaining a permit in the manner hereinafter prescribed.
(5) 
No construction permit shall be required for a wading pool.
B. 
Types of pools.
(1) 
The following are types of pools:
(a) 
Permanent in-ground.
(b) 
Permanent aboveground: aboveground pools, equipped with fences built above the top level of the pool.
(c) 
Temporary aboveground: aboveground pools, not equipped with fences built above the top level of the pool.
(d) 
"Wading pool" shall mean and include artificially constructed pools not designated or used for swimming, with a maximum area not exceeding 120 square feet and a maximum water depth not exceeding 12 inches.
(2) 
A spa or hot tub is not considered to be a swimming pool.
C. 
Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.
D. 
Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.
E. 
Location. An outdoor private swimming pool shall be located not less than 10 feet from the side or rear of the residence on a building lot as measured from the edge of the pool water, nor shall such pool be located less than 10 feet from any property line. No pool, pool fence or pool accessory shall be located in a front yard.
F. 
Drainage. If, in the opinion of the Construction Official, a drainage problem may be created by the construction of a pool, a drainage plan shall be furnished by the applicant. Such plan must be prepared by a licensed engineer and show contours at one-foot intervals. Such plan shall include the property upon which the pool will be installed and all adjacent properties. The initial plan and the final as-built plan shall be presented to the Borough Engineer for their review and approval. All engineering fees shall be borne by the applicant.
G. 
Location of pool accessory structure. The pool accessory structure shall not be located less than 10 feet from any side or rear property line.
H. 
Pool fencing.
(1) 
Permanent in-ground pools shall be surrounded entirely by a fence, with no opening greater than two inches square and capable of holding a live load of 250 pounds between posts located not more than eight feet apart; provided, however, that the side(s) of the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall at least be four feet in height and, if made of wire, must be of the chain-link type. All supporting structures shall be on the inside of the fence.
(2) 
Permanent aboveground pools constructed with an attached fence at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart shall need no additional fencing.
(3) 
Temporary aboveground pools, when not in use, must be emptied or covered with a suitable protective covering securely fastened or locked in place, unless enclosed by a fence meeting the requirements for a permanent underground pool.
(4) 
Waterfront properties.
(a) 
With regard to waterfront properties on which the swimming pool is located between the dwelling and the waterfront, no fence shall be required to enclose that side of the swimming pool which is parallel to the river, provided that:
[1] 
The entire waterfront of the property contains a bulkhead, extending from sideline to sideline;
[2] 
The height of the bulkhead for its entire length is not less than four feet measured from the river bottom, thereby creating an effective barrier; and
[3] 
Both side fences aligned perpendicular to the bulkhead extend not less than 24 inches beyond the water side of the bulkhead.
(b) 
As to all other waterfront properties, the swimming pools shall be enclosed as provided in Subsection H(1) of this section.
(5) 
Gates in fencing. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only. In the case of an aboveground pool where a ladder is required for entry and exit, a method must be provided for such ladder to be locked in the up position and must be so locked at all times when the pool is not in use.
A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop or a shelter shall apply to the Municipal Clerk, or other official designated to license animals in the municipality where such establishment is located, for a license entitling him to keep or operate such establishment.
B. 
The application shall describe the premises where the establishment is located and the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the local municipality.
C. 
All licenses issued for a kennel, pet store or shelter shall state the purpose for which the establishment is maintained, and all licenses shall expire on the last day of December of each year, and shall be subject to revocation by the Borough on recommendation of the Department of Health or the Local Board of Health for failure to comply with rules and regulation of the State Department or Local Board governing the same, after the owner has been afforded a hearing by either the State Department or Local Board, except as provided in N.J.S.A. 4:19-15.8c.
D. 
The Borough may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats and dogs; however, no license shall be permitted allowing the sale of either cats or dogs at pet shops throughout the Borough.
E. 
Preexisting pet shops, operating contrary to the provisions of this section, shall be grandfathered as preexisting nonconforming uses.
A. 
Purpose. This zone encompasses the Borough's downtown area and was created to enhance the image and vitality of the Village Center by encouraging mixed-use infill development with strong pedestrian elements. In order to ensure that the Village Center (V-C Zone) is a visually attractive area, the following development criteria shall be applied.
B. 
General lot and building design criteria.
(1) 
Any principal commercial building may contain more than one use and/or organization. Any lot may contain more than one principal structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision requirements, including frontage on a public street.
(2) 
All building walls facing a street or residential district line or municipal park shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls. Preferred building materials include brick, wood, stone, or other natural materials.
(3) 
No merchandise, products, waste equipment or similar material or objects shall be displayed or stored outside.
(4) 
All mechanicals must be screened.
(5) 
Design techniques should result in the creation of individual storefronts along the front and sides and rear (if required) to visually appear to be a quaint, long-established, neighborhood business district.
(6) 
Roofline breaks. Rather than a uniform two- or three-story block of buildings, the roofline should be used to waiver between one-, two- and three-story buildings, giving the feel of a streetscape that has evolved over many years.
(7) 
Architectural styles must be compatible with the "Turn of the Century Racetrack/Seaside Village" theme. Architectural styles must not be mixed in the same building. The use of detailing, such as window shutters on upper floors, small-paned storefront windows and entrance door side windows or decorative framing, is recommended and encouraged where appropriate to the architectural style. Blank walls will not be allowed.
C. 
Design standards.
(1) 
Landscaping and lighting.
(a) 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped with a combination of fencing, shrubbery, lawn area, ground cover, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated.
(b) 
Perimeter strips consisting of a landscape screen shall be provided between off-street parking areas and adjoining properties. The perimeter strip shall be composed of plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens of at least four feet in height and planted at intervals which will provide an overlapping foliage screen at maturity with a minimum mature height of 15 feet. The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not less than five feet. The low-level screen shall be placed in alternating rows to produce a more-effective barrier. All plants not surviving two growing seasons after planting shall be replaced. Perimeter strips shall be a minimum of 10 feet wide and shall be protected by permanent curbing.
(c) 
A landscaping and buffer plan should be submitted for Planning Board site plan review showing what will remain and what will be planted, indicating names of plants and trees and dimensions and approximate time of planting.
(d) 
There shall be at least one trash and garbage pickup location provided by each building. It shall be a totally enclosed container located in a manner to be obscured from view from parking areas, existing residential uses, or municipal parks by a masonry enclosure.
(2) 
Lighting. For all uses within the district, adequate lighting to ensure safe pedestrian and vehicular travel shall be provided. The following standards shall apply:
(a) 
Light fixtures shall be hexagonal lantern Series L24 luminaire, 175 MH, as manufactured by Lumec.
(b) 
Poles shall be R90 traditional steel pole (black), 16 feet high, as manufactured by Lumec. Pole shall come equipped with 120-V duplex receptacle at top and double banner arm. Poles and light fixtures shall be spaced at 100-foot intervals.
(3) 
Sidewalks.
(a) 
Sidewalks must be a minimum of 15 feet in width.
(b) 
Concrete pavers shall be used and shall be 3 1/8 inches in thickness where used in driveways, roadways and driveway aprons and 2 1/8 inches in thickness where used in sidewalks, having a minimum compressing strength of 8,000 psi, a water absorption maximum of 5%, and shall meet or exceed ASTM Specifications C936-82.
(c) 
Subbase in sidewalk areas shall consist of crushed concrete, six inches thick, topped with one-inch quarry dust. Subbase in driveways, roadways and driveway aprons shall consist of concrete subbase six inches thick.
(d) 
The concrete pavers shall be installed tightly together on the bedding course with joints not exceeding 1/8 inch. Joints shall be filled with sand or quarry dust, as approved by the Borough Engineer.
(e) 
Pavers must have a border on all sides.
(4) 
Granite block curb.
(a) 
Granite block shall consist of rectangular paving stones, with slit faces and edges, made from granite complying with ASTM C615, 10 inches tall by four to five inches deep by six inches to eight inches wide. The Borough Engineer can supply manufacturers.
(b) 
Concrete shall be air-entraining Portland cement in accordance with ASTM Specification C-94, proportioned to have a minimum compressive strength of 4,000 psi at 28 days (AC1318).
(c) 
Set block to provide six-inch curb face with 5/8-inch mortar joint grooved. Construction detail shall be approved by the Borough Engineer.
(5) 
Signs.
(a) 
Permits required. No person, firm or corporation shall hereafter erect, re-erect, construct, or structurally alter a sign or sign structure without a permit first having been issued by the Construction Official. If it appears that the proposed sign is in compliance with all requirements and laws, the permit shall be issued; but should the work authorized under the permit not be completed within a year after the date of issuance, the permit shall become null and void.
(b) 
All nonconforming signs in effect as of the date of the adoption of this amendment to the Zoning Ordinance shall be replaced, remodeled, or otherwise brought into conformance or removed within three years of the effective date of this chapter.
(c) 
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign.
(d) 
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights. All luminous signs, indirectly illuminated signs, and lighting devices shall contain only lights emitting light of constant intensity. All bare incandescent light sources and immediately adjacent reflecting surfaces shall be shielded from view.
(e) 
Exposed neon tube in any form is prohibited.
(f) 
Channel-letter signs are prohibited.
(g) 
Solid backlighted letters are permitted (those lighted by a source concealed by the letter, reflecting off the surface of the letter).
(h) 
Signs shall have no symbol, logo or lettering exceeding 18 inches in height.
(i) 
Only one wall sign per establishment shall be permitted unless the establishment has frontage on more than one side or two finished fronts.
(j) 
The total area for all signage on the first floor shall not exceed two square feet for each linear foot of the building frontage attributable to the particular business or businesses which the sign will identify or 50 square feet, whichever is less.
(k) 
The total area for wall signage on the second floor shall not exceed one square foot for each linear foot of the building frontage attributable to the particular business or businesses which the sign will identify or 50 square feet, whichever is less.
(l) 
One awning sign shall be permitted for each window or door of the facade covered by the awning. Any sign (logo and/or lettering) on an awning shall not exceed 25% of the exterior surface of the awning. There shall be no other specific restriction on the size or height of the lettering or logo.
(m) 
All awnings on a structure must be of the same color.
(n) 
Awnings must be fastened to the facade of the building and not supported from the ground; awnings shall not extend more than seven feet from the facade; and no portion of the awning shall be nearer than eight feet to the ground.
(o) 
An establishment may have both wall and awning signage.
(p) 
No window sign shall be affixed to the exterior of the window. All exterior signs shall be classified as wall signs.
(q) 
The only window signs permitted are those permanently painted onto the glass, stating the name of or nature of the business. Said window sign shall not exceed 30% or 100 square feet, whichever is less, of the area of the window.
(r) 
No more than three colors should be used, and they should match either the background or trim color of the structure the sign serves.
(s) 
Freestanding signs are prohibited.
(6) 
Public spaces. To add to the charm of the streetscape, public spaces (parks, greens, commons, squares, plazas) can enhance the ambiance and add further diversity to the mix of uses found there. The park area could be used as the focal point of the neighborhood, providing a haven of rest and relaxation. A fountain, gazebo or clock or a kiosk that communicates the happenings of the community could be done as a pocket park.