Borough of Hightstown, NJ Article 28-10 Special Use Regulations

§ 28-10-1 Special Use Regulations.

[1991 Code § 233-28]

The following uses shall be subject to additional restrictions wherever they are permitted as set forth below.

§ 28-10-2 Schools.

[1991 Code § 233-29]

Schools, whether public or private, shall be permitted, provided that:

A. Any school permitted under this section shall be a nonprofit organization within the meaning of the Internal Revenue Act and registered effectively as such thereunder.

B. Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the Board of Education of the State of New Jersey if a license for its operation is required by law.

C. Any other provision contained in this chapter notwithstanding, no school building or part thereof shall be erected nearer than a distance equal to three times the height of such building to any property line other than a street line.

D. All accessory buildings shall be located on the same lot as the principal building, and the sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the area of the lot.

E. No school permitted hereunder shall be a trade school except to the extent that instruction in a particular trade or trades may be a part of the general education curriculum of the schools in the arts and sciences, and no correctional, health or any other institution not primarily concerned with the general education of students in the arts and sciences shall be permitted.

§ 28-10-3 Places of Worship.

[1991 Code § 233-30]

Incorporated places of worship shall be permitted, provided that:

A. A place of worship may be built to a height of 75 feet, provided that the number of stories at any point along the periphery of such building shall not exceed three, and no building or part thereof shall be erected nearer than a distance equal to two times the height of such building to any property line other than a street line.

B. All accessory buildings shall be located on the same lot as the principal building and the sum of all areas covered by all principal and accessory buildings shall not exceed 60% of the area of the lot.

C. Each place of worship shall be permitted to maintain an exterior bulletin board with an area of not more than 10 square feet.

D. Those portions of the site not covered by buildings or used for parking, loading or pedestrian walkways shall be landscaped.

E. On-site parking facilities shall be provided at a ratio of one parking space for each six seats equivalent thereto, plus one space for each full-time employee.

§ 28-10-4 Professional Offices; Private Schools.

[1991 Code § 233-31]

Professional offices, or private schools for not more than two pupils at a time, shall be permitted as part of residential structure, provided that:

A. Such establishment shall be for the exclusive use of a professional or teacher who resides on the premises.

B. Such establishment shall not constitute more than 20% of the habitable floor area of the structure.

C. Such establishment use shall not generate the need for more than two employees to serve the professional.

D. At least one on-site parking space shall be provided for the professional and for each of his employees, plus two parking spaces for callers.

E. There shall be no display of advertising, and no more than one nameplate shall be permitted, except as provided in § 28-3-5B(12). The nameplate shall not exceed two square feet in size.

§ 28-10-5 Fences, Walls and Small Sheds.

[1991 Code § 233-32; Ord. No. 93-852; Ord. No. 2000-29; Ord. No. 2002-12, § 2; Ord. No. 2004-31; Ord. No. 2007-20; Ord. No. 2010-08]

Fences and walls may be erected, subject to the following provisions:

A. The erection or alteration of any fence or wall shall require the issuance of a zoning permit pursuant to § 28-18-2, provided that the survey requirement may be waived by the Zoning Officer. The fee for fence and wall permits will be calculated at $15 per $1,000 of construction cost, with a minimum fee of $45. Inspections will be performed by the Hightstown Zoning Officer.

B. Except as provided herein, fences or walls in a Residential District shall not be more than four feet or less than two in height along the front line or in the front yard. Side lot line and rear lot line fences shall not be less than three feet nor more than six feet in height, unless it is a living fence, stone wall or built structure. A living fence shall have no minimum or maximum height on the rear or side yard. A built structure shall be governed by all applicable zoning and construction requirements as set forth in this Code. An opaque fence of solid construction along the front line or within the front yard may be constructed at a height of three feet only. A see-through-type fence may be erected along the front lot line or within the front yard to a height of not less than two feet nor more than four feet in height. A see-through-type fence is defined as a fence with a minimum open space of 2.5 inches between pickets. The provisions of this paragraph notwithstanding, the height of any fence located in the sight triangle as set forth in § 28-10-9 shall not exceed 30 inches whether or not it is located within the front, side or rear yards.

C. In a nonresidential district, a fence or wall may be constructed to a height of not less than three feet and not in excess of six feet.

D. On all corner lots, an adequate line of vision shall be provided across sight triangles as required in § 28-10-9.

E. No fence or wall in a residential district may be erected which is constructed with or made of pieces of hazardous materials such as glass or sharpened metal, nor shall any fence or wall be constructed of any materials or in any manner which may be dangerous to persons, property or animals.

F. All fences in a residential district shall be erected with the face or finished side away from the interior of the property, and the structural side toward the interior of the property.

G. In the I Industrial District, fences may be constructed with a barbed-wire barrier.

H. All fences or walls shall be maintained in a safe, sound and upright condition.

I. Storage sheds smaller than 120 square feet shall be permitted, provided that:

(1) Such building shall not be located in the front setback.

(2) Such building shall be located inside the side yard and rear yard setback according to the zoning of the district in which the property is located. The inspection fee for a storage shed shall be $45. Inspections will be performed by the Hightstown Zoning Officer.

(3) Permitted sheds must be properly anchored, as shall be determined by the Hightstown Zoning Officer.

(4) Subject to the lot coverage requirements of the Zoning District and § 28-3-5A(2)(e), no more than two storage sheds may be installed or placed on an individual lot.

§ 28-10-6 Swimming Pools.

[1991 Code § 233-33]

Private swimming pools for use by the residents on the premises shall be permitted, provided that:

A. Such pools shall not be located in the front setback area of the lot nor within 10 feet of any property line.

B. All private residential swimming pools shall be fully enclosed by a fence or wall of substantial construction, not less than four feet in height, with no openings larger than 2 1/2 inches, except for gates and doors. The fence or wall shall be constructed to prevent any person not resident on the premises from gaining access to the pool. A dwelling or accessory building may be used as part of the enclosure. Every fence or wall shall be provided with one or more gates or doors of the same height as the fence or wall, equipped with a self-closing or self-latching device capable of keeping the gate securely closed. Gates or doors shall be locked when the pool is not in use.

C. Every fence or wall shall be provided with one or more gates or doors of the same height as the fence or wall and equipped with a self-closing or self-latching device capable of keeping such gates or doors securely closed. Gates or doors shall be locked when the pool is not in use.

D. Wading pools not greater than 12 inches in depth need not be provided with a fence or wall as required by this section. They shall be either emptied or covered, however, with a suitable strong protective covering fastened securely in place when not in use.

E. This section shall not apply to aboveground pools more than 48 inches in height, provided that all steps, ladders or other means of access to the pool are removed when the pool is not in use; nor shall it apply in cases where the entire premises on which the pool is located is enclosed by a fence which meets the requirements of this section.

F. The machinery used in connection with the swimming pool shall only be in operation between the hours of 9:00 a.m. and 10:00 p.m. Eastern Standard Time and shall be housed in a soundproof structure.

§ 28-10-7 Home Occupations.

[1991 Code § 233-34; Ord. No. 2015-28]

Home-based occupations shall be permitted, provided that:

A. The home-based occupation is carried on entirely within a dwelling and solely by the inhabitants thereof.

B. The use is clearly incidental and secondary to the use of the building for dwelling purposes and does not change the character thereof.

C. As examples, the following businesses shall not be considered acceptable home-based occupations: barbershops, beauty parlors, clinics, hospitals, eating and drinking establishments, real estate and insurance offices, motor vehicle repair shops, any business that receives product from third parties solely for distribution to purchasers of the delivered product, any business that negatively affects the environment on neighboring properties or other similar operations which generate customer or delivery service activity comparable to a business.

D. No more than one commercial vehicle (a vehicle either with the name of the business displayed, permanently or temporarily, on it or with commercial plates) may be parked on the property where the home-based occupation takes place.

E. No vehicle weighing in excess of 9,000 pounds GVW shall be parked on the property where the home-based occupation takes place.

§ 28-10-8 Shelters for Victims of Domestic Violence Housing More Than Six Persons But Less Than Sixteen Persons Excluding Staff.

[Ord. No. 93-852; Ord. No. 1997-33]

Such use may be authorized as a conditional use in single-family residential zones, provided it complies with the following standards and conditions:

A. Submission of proof of licensing or certification by the Department of Human Services of the State of New Jersey.

B. Compliance with all requirements of the applicable zoning district.

C. Compliance with all applicable provisions of the Hightstown Housing Code and Construction Code.

D. No such use shall be located within 1,500 feet of another shelter.

E. No such use shall be approved if the number of persons resident at community shelters within Hightstown exceeds 25 persons or 0.5% of the Borough population, whichever is greater.

F. No such use shall be constructed or located on a lot containing any other use.

G. Structures utilized for a community shelter shall be constructed so as to be harmonious with the character of adjacent residential structures.

H. On-site parking shall be required as follows:

(1) One space per employee on the maximum shift, plus one space per adult victim of domestic violence, based upon the maximum number of adult victims for whom space in the shelter is available.

I. Parking areas with five or more spaces shall be screened from adjacent properties by a landscaped buffer at least five feet in width.

§ 28-10-9 Sight Triangles.

[Ord. No. 93-852; Ord. No. 2002-12, § 1]

A. Sight triangle easements shall be required at intersections of a street with another street and at intersections of a street with a driveway providing ingress and/or egress to residential properties and nonresidential properties. The sight triangle easement shall be in addition to the specified right-of-way width of a street and cartway width of a driveway and shall not contain any grading, planting or structure more than 30 inches above the centerline of the street and/or driveway, except that street signs, fire hydrants and light standards may be located within a sight triangle easement, and except if, on residential properties, the obstruction is a see-through type fence as set forth in § 28-10-5 herein, and except that trees with branches not lower than seven feet from the ground may be located within the sight triangle easement on residential properties. The removal of the obstruction on neighboring properties shall be the responsibility of the property owner on whose property the obstruction originates.

B. The sight triangle is that area outside of the street right-of-way or driveway cartway lines and the straight line connecting "sight points," one each located on the two intersecting street or driveway centerlines. In the instance of intersections with no "stop" controls, the "sight points" shall be 90 feet.

C. In the instance of "stop" controlled intersections, sight triangles shall be provided as follows in accordance with the standards established by the Institute of Traffic Engineers; specifically, the most current edition of the Transportation and Traffic Engineering Handbook. The required dimension of the sight triangle shall depend upon the design speed of the uncontrolled street, which design speed shall be established by the Borough Engineer, and the sight triangle shall be laid out so that a driver positioned 15 feet from the proposed or future edge of pavement of the uncontrolled street can see approaching traffic at the following distances related to the design speed:

Design Speed of Uncontrolled Street	Minimum Required Sight Distance
25 mph	250 feet
30 mph	300 feet
35 mph	350 feet
40 mph	400 feet
45 mph	450 feet
50 mph	500 feet

D. Additional lands may be required to be included within the sight triangle easement in order to provide an unobstructed sight view for the entirety of the minimum distances noted hereinabove.

E. The dedication of sight triangle easements shall be expressed on a subdivision plat or site plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in Chapter 28 of the Code of the Borough of Hightstown."

§ 28-10-10 Laundries; Dry-Cleaning Establishments.

[1991 Code § 233-35]

A. Outlets and pickup stations for laundries and dry-cleaning establishments shall be permitted, provided that:

(1) No washing of laundry shall be permitted on the premises.

(2) Noncombustible solvent only shall be used in the cleaning. The use of combustible solvent shall be limited to the incidental removal of spots.

(3) Power used for clothes-pressing operations shall not exceed the equivalent of six rated horsepower.

B. Laundromats and coin-operated dry-cleaning establishments shall be permitted, provided that:

(1) There shall be an attendant on the premises during all hours of operation.

(2) Only nonflammable materials are used.

§ 28-10-11 Off-Street Parking and Off-Street Loading Facilities.

[1991 Code § 233-36; Ord. No. 93-852; Ord. No. 2000-29; Ord. No. 2004-31]

All public or private parking facilities being replaced or resurfaced more than 50% will require a permit from the Hightstown Zoning Officer. New private or public parking facilities for three automobiles or fewer will require a permit from the Hightstown Zoning Officer. Parking areas will be installed according to the specifications on file with the Municipal Engineer's Office. These will be calculated at $15 per $1,000 of construction cost with a minimum fee of $45. Inspection will be made by the Hightstown Zoning Officer before the start of the project. Public or private parking facilities for four or more vehicles, such as parking lots or structures, shall be permitted, subject to site plan approval by the Planning Board, provided that:

A. The design of such facilities, including their means of access and egress, shall be to minimize the impact of this use of land and its accompanying vehicular movement on adjoining uses of land and on the streets serving the facility and to ensure the safety of pedestrians and motorists.

B. The location and design of entrances and exits shall be in accord with the requirements of applicable traffic regulations and standards. Landscaping, curbing or approved barriers shall be provided along parking lot boundaries to control entrance and exit of vehicles or pedestrians.

C. Interior circulation aisles shall be at least twenty-four feet wide, except when designated for one-way use; in that case, they shall be at least 12 feet wide.

D. Surface parking facilities shall be paved with an all-weather dustless surface such as gravel, asphalt or concrete and shall have such drainage facilities as the Borough Engineer shall deem adequate.

E. All off-street parking facilities shall be maintained in a clean, orderly condition at the expense of the owner or lessee and shall not be used for the sale, repair, servicing or dismantling of any vehicles, equipment, materials or supplies.

F. Parking spaces shall be marked individually and shall be available to all users of the facility. Spaces shall be a minimum of nine feet by 20 feet long.

G. Adequate lighting shall be provided and installed so as to minimize glare on property in any adjoining residential district.

H. When a parking lot for more than three vehicles is in or adjoins a residential district, there shall be provided along the lot line a continuous screen with a minimum height of six feet and consisting of compact evergreen plantings, foliage screening or wall or fence materials permitted by this chapter or other codes of the Borough.

I. The locations of screening, fences and parking stalls shall comply with Borough requirements for providing adequate sight triangles.

J. The minimum number of off-street parking spaces required for permitted land uses shall be as follows:

(1) Residential Dwelling Units. Two spaces per unit, except for upper floor apartments in the DTC Downtown Core and DTG Downtown Gateway, which only require one parking space per unit.

(2) Schools, Public and Private. Three spaces for every two teaching positions, plus one space for every four students of legal driving age.

(3) Theaters, Auditoriums, Places of Worship and Other Similar Places of Assembly. One space for every three persons allowed under occupancy codes.

(4) Nursing Homes. One space per each four beds, plus one space for each employee on the maximum shift.

(5) Residential — Planned Elderly Developments. One space per each apartment, one space for each four beds in any nursing unit, plus one space for each single-family residence.

(6) Senior Citizen Housing. One space for each housing unit, plus one space per employee on the maximum shift.

(7) Cemeteries. One space for each 50 filled graves less than 20 years old.

(8) Retail Stores. One space per each 200 square feet of gross floor area.

(9) Restaurants, Taverns, Bars, and Similar Facilities. One space for every three seats, or one space for each 40 square feet of floor area devoted to patron drinking or dining use, whichever is greater, plus one space for each two employees.

(10) Offices. One space for each 300 square feet of floor area.

(11) Offices — Medical. Four spaces for each doctor or dentist, plus one space per employee.

(12) Banks and Financial Institutions. One space for each 250 square feet of floor area.

(13) Personal Service Establishments. One space for each 200 square feet of floor area.

(14) Funeral Homes, Mortuaries. One space for each 60 feet of floor area for seating accommodations, plus one space for each employee.

(15) Manufacturing, Wholesaling and Warehousing. One space for each 1,000 square feet of floor area, or one space per employee on the maximum shift, whichever is greater.

(16) Newspaper and Publishing Facilities. One space for each 1,000 square feet of floor area, or one space per employee on the maximum shift, whichever is greater.

(17) Bowling Alleys. Four spaces per lane, plus parking determined separately for bar or restaurant facilities.

(18) Billiard Parlors. Two spaces per table, or one space for each two persons permitted to occupy the premises, whichever is greater.

(19) Health Clubs, Gymnasiums and Similar Uses. One space for each 1.50 persons permitted to occupy the premises.

(20) Mixed Uses. Minimum parking shall be the cumulative sum of individual requirements.

(21) Uses Not Specified. To be determined based on considering parking requirements for similar uses, maximum employees, visitors anticipated, occupancy codes and other appropriate factors.

§ 28-10-12 Motor Vehicle Filling Stations.

[1991 Code § 233-37]

Motor vehicle filling stations shall be permitted, subject to site plan approval by the Planning Board, provided that:

A. No building for use as a gasoline station shall be constructed within 50 feet of the property line upon which such building fronts, and it shall have a minimum setback, from the side and rear lot lines of the property to the foundation wall, or not less than 15 feet. No gasoline pump or any other unenclosed facility shall be located within 35 feet of a property line.

B. All curb cuts shall be 12 feet in width if for one-way traffic and 24 feet in width if for two-way.

C. There shall not be more than one curb cut for two-way use or two curb cuts for one-way use for every 100 feet of lot frontage or fraction thereof.

D. No motor vehicle filling stations and/or motor vehicle service station where motor fuel, lubricating oils or motor accessories are stored and/or motor services are rendered may be located within 500 feet of any property upon which a church, school, hospital, institution, theater, dwelling unit, public library or other public building housing the offices and public records of the municipality is located, nor may a motor vehicle filling station and/or motor vehicle service station be within a distance of 500 feet of another gasoline station and/or motor vehicle service station, and the aforesaid 500 feet shall be measured on a straight line from the outer boundary of the property line in the one instance to the next property or boundary line.

§ 28-10-13 Automobile Repair Establishments.

[1991 Code § 233-38; Ord. No. 2014-16]

Auto repair establishments shall be permitted, provided that:

A. Except in the case of emergencies, only minor repairs, such as tire and oil changes, fluid level maintenance and similar incidental servicing may be performed outside of a fully enclosed building and only between the hours of 7:00 a.m. and 6:00 p.m. All other service or repair operations must be performed within a completely enclosed building. Outdoor storage of materials and equipment shall not be permitted except for the storage of tires for disposal and recycled oil containers, which items shall be screened from view. Tires shall be stored in such a manner as to eliminate the accumulation of rainwater in the tires.

B. No automobile shall be stored nearer than five feet to the street line or such greater distance as may be required to provide an adequate sight triangle. However, no stored automobile shall block or infringe on a public pedestrian sidewalk or right-of-way. No motor vehicle shall be stored on the site longer than 120 days, except that the proprietor of the automobile repair establishment may request an extension of time for motor vehicles being stored as a result of non-payment of charges, the inability to pay charges or in the process of the proprietor obtaining title to the motor vehicle. Such extension shall be requested in writing to the Zoning Officer setting in detail the reason for the extension request, the make, model, color and VIN of the motor vehicle for which the extension is requested.

C. A maximum of two automobiles for sale may be displayed on the property at a time. A maximum of five automobiles may be displayed for sale within a twelve-month period. Automobiles for sale may display a paper "FOR SALE" sign not exceeding eight inches by 10 inches in or on the windows.

§ 28-10-14 Hotels and Motels.

[1991 Code § 233-39]

Hotels and motels, including their accessory meeting or banquet rooms and restaurants, shall be permitted, subject to site plan approval by the Planning Board, provided that:

A. There shall be a minimum site of 40,000 square feet.

B. The maximum percentage of any lot that may be covered by structures shall not exceed 65%.

C. No structure may exceed a height of three stories or 55 feet.

D. There shall be a perimeter setback of at least 25 feet from all street or property lines. Building locations shall also comply with Borough requirements for providing adequate sight triangles.

E. At least one on-site parking space shall be provided for each unit of occupancy. When the hotel/motel contains a restaurant or other eating and drinking establishments, there shall be additional off-street parking provided at the rate required for restaurants.

F. At least one paved loading space, as described in § 28-2-2, shall be provided at the rear of a hotel/motel structure.

§ 28-10-15 Shopping Centers.

[1991 Code § 233-40]

Designed shopping centers shall be permitted subject to site plan approval by the Planning Board, provided that:

A. No principal or accessory structure shall be nearer than 100 feet to a residential district or 50 feet to a street.

B. On-site parking areas shall conform to the following requirements:

(1) Such lots shall be limited to the exclusive use of passenger vehicles.

(2) No repair, fueling or other service of any kind shall be extended to vehicles on the lot.

(3) Points of access or egress shall be limited to not more than two for each 700 feet of lot frontage or major fraction thereof and shall have a width of 24 feet if intended for two-way vehicular movement and 12 feet if intended for one-way movement.

(4) All parking lots shall be lighted after sunset throughout the hours when they are accessible to the public. Such lighting shall not exceed an intensity of five-foot-candles, or shall it be less than 1 1/2 candles at pavement level. The installation of such lighting shall be so hooded or shielded as to reflect the light away from abutting or neighboring residential property.

(5) All parking lots shall be surfaced with a hard macadam surface or other material acceptable to the Borough Engineer.

(6) The location of parking stalls shall comply with Borough requirements for providing adequate sight triangles.

C. Identification signs shall be permitted, provided that:

(1) There shall be no more than one identification sign for each street, other than a residential service street, on which the shopping center fronts.

(2) The total area of such signs shall not exceed 75 square feet, nor shall they exceed a height of 55 feet.

(3) All bare incandescent light sources (neon lights shall not be considered as such) and immediately adjacent reflecting surfaces shall be shielded from view. Flashing, moving, intermittently illuminated advertising devices shall be prohibited.

(4) The location of signs shall comply with Borough requirements for providing adequate sight triangles.

§ 28-10-16 Portable Toilets.

[Ord. No. 2010-04]

A. Prohibited Locations.

(1) It shall be unlawful and specifically in violation of this article for an owner, agent, contractor in charge of a construction or demolition site, both jointly and severally, to permit a portable toilet facility to be located in an area in violation of the minimum setback requirements for the zone in which the property is located.

(2) Subject to the exceptions listed below, portable toilets shall be permitted to be located only on property where construction activity or demolition is taking place.

B. Permitted Location. Where practicable, the portable toilet shall be located on property so as to minimize visibility to a street or adjacent properties.

C. Removal. It shall be unlawful and specifically in violation of this article for any owner, agent, contractor in charge of a construction or demolition site, both jointly and severally, to permit any portable toilet facility to remain on the property site after completion of any construction or demolition project, or for a period of three months, whichever shall first occur, unless extended, in writing, by the Zoning Officer.

D. Exceptions.

(1) This article is not intended to restrict the use of portable toilet facilities on public property within the Borough if utilized in connection with a Borough-sponsored event.

(2) Any portable toilet facilities utilized to accommodate the general public at a Borough event or utilized by a private resident for a private event, or utilized because a resident's toilet facilities are deemed inoperable, shall be removed from the property within 72 hours of the conclusion of the event or a resident's facilities are restored to working order.

E. Permits.

(1) A Zoning Permit shall be obtained from the Zoning Office prior to the placement of portable toilet facilities on any property located in the Borough.

F. Enforcement and Penalties.

(1) This chapter may be enforced by the Zoning Officer, Housing Inspector or Police Department of the Borough of Hightstown.

(2) Any person found to be in violation of this chapter shall be subject to the penalty provided in Chapter 1, Article 1-5, of the Revised General Ordinances of the Borough of Hightstown.

§ 28-10-17 Portable Storage Units and Dumpsters.

[Ord. No. 2010-08; Ord. No. 2018-06]

A. Usage of Portable Storage Unit. A portable storage unit may be used for holding personal property when work in a structure may require personal property to be placed elsewhere, or for loading or unloading personal property when moving to or from a structure.

B. Usage of Dumpsters. A dumpster may be used for holding refuse, garbage, waste, construction materials, debris or recyclables while work in a structure is under way requiring a place to throw away large amounts of waste materials, or for holding waste materials. The dumpster shall not be used to hold construction debris or any hazardous, harmful or offensive materials from off-site locations.

C. Frequency and Duration. An "event" shall consist of the delivery and pick-up of the portable storage unit or multiple deliveries and pick-ups within 30 days. Temporary portable storage units and dumpsters may not exceed the following durations of stay:

(1) In any of the Residential Zoning Districts, events shall be a maximum of 30 calendar days per event with a maximum of four events per structure per calendar year. There shall be at least one month between each event.

(2) In Residential Zoning Districts, the Zoning Officer may approve an event lasting more than the maximum of 30 calendar days described above, but not more than 90 days provided a permit for construction or rehabilitation has been obtained for the subject property.

D. Placement. Portable storage units and dumpsters may not be placed in streets or public rights-of-way or on easements for utility maintenance or forward of the front wall of the principal structure unless authorized by the Zoning Officer. Such authorization shall be controlled by the availability and practicality of placing the portable storage unit or dumpster elsewhere on the property.

E. Responsibility of User. Portable storage units and dumpsters shall be in good condition, free from deterioration, weathering, discoloration, rust, ripping, tearing or other holes, breaks or leaks. When not in use, the portable storage unit shall be kept locked. Dumpster lids and doors shall be kept tightly and completely closed when not in use. The user is responsible to ensure no hazardous substances are stored or kept within a portable storage unit or dumpster. The area surrounding the dumpster shall also be kept clean and free of debris.

§ 28-10-18 Temporary Trailers.

[Ord. No. 2010-08]

A. Temporary trailers used for temporary residency by any occupant of a dwelling that is being reconstructed due to construction activities, or damage due to a fire, flood or other calamity, shall be subject to the following provisions:

(1) The temporary trailer must be located on the same lot containing the dwelling that is being reconstructed.

(2) A Zoning Permit must be obtained from the Zoning Officer prior to the placement of the temporary trailer on the site. The Zoning Officer, with the input of the Construction Official and the Fire Chief, shall determine the most practical location for the temporary trailer.

(3) The temporary trailer shall not be located on the site for more than 180 days; however, the Zoning Officer may extend the time period of occupancy for an additional time period not to exceed 90 days due to exceptional circumstances that prevent the reconstruction and re-occupancy of the damaged building within the initial 180-day period.

B. Temporary trailers used for construction offices and for the storage of materials and supplies on a job site may be used during the period of construction only. All construction office and material storage trailers must be removed if no work or construction activity has occurred on-site for 45 days or more. Temporary trailers used for construction offices and for material storage must be removed upon completion of construction work or occupancy of the final structure.

§ 28-10-19 Satellite Dishes.

[Ord. No. 2013-13]

A. Procedure for Review for Large Satellite Dish.

(1) Zoning Permit. No Large Satellite Dish shall be erected, constructed, or installed without first obtaining a zoning permit from the Zoning Officer. Large Satellite Dishes that are already installed and in use when this chapter is adopted shall have 120 days to become compliant with the requirements of this chapter.

(a) Application: Applications submitted to the Zoning Officer shall contain a plan with the following information:

[1] Property lines and physical dimensions of the applicant's property.

[2] Location, dimensions, and types of existing major structures on the property.

[3] Location of the proposed satellite dish and associated equipment.

[4] Any overhead utility lines.

(2) Standards. The Zoning Officer shall evaluate the application for compliance with the following standards:

(a) A Large Satellite Dish is permitted only as an accessory use and structure on a lot that contains a principal structure.

(b) A Large Satellite Dish is permitted as an accessory use and structure only in a rear yard and must be ground mounted and located in conformance with the rear yard setback requirements for the zoning district in which the property is located.

(c) A Large Satellite Dish may only be ground-mounted with screening.

(d) A Large Satellite Dish may not be located in a setback area and may not be located within 10 feet of the property line in any residential zone.

(e) The bottom of a Large Satellite Dish including the base and mount may not be higher than 13 inches above the ground, where located.

(f) No surface dimension of a Large Dish Antenna shall exceed 12 feet.

(g) No Large Satellite Dish shall exceed a height of eight feet.

(h) A Large Satellite Dish shall be used only by the residents of the principal structure located on the subject premises. Any connection, electrical or otherwise, to adjacent properties shall be deemed a violation of the provisions hereof.

(i) All power control and signal cables from the Large Satellite Dish shall be installed below the ground surface in accordance with applicable provisions of the Uniform Construction Code, including all required Permits.

(j) Large Satellite Dishes shall be located and screened to minimize motor noise and visual impact from the street and adjacent properties. The satellite dish must be surrounded by an enclosure which may be a natural or artificial buffer having a height of six feet, which is planted or constructed so as to conceal the dish antenna as much as possible from view at ground level at all property lines. If a natural buffer is utilized, it shall be planted with such trees or plants to maintain the buffer quality during the entire year. Screening must be maintained or the Zoning Permit shall be subject to revocation.

(k) No lot may contain more than one Large Satellite Dish.

(l) All Large Satellite Dishes shall be installed by a trained and licensed satellite dish installer.

(m) All Large Satellite Dishes must be capable of withstanding sustained 100 mph wind speeds without suffering physical damage in accordance with the applicable Building Code as designated by the Borough Construction Official from time to time, and a Construction Permit obtained, if required.

(n) Large Satellite Dishes that are exclusively used to receive and/or transmit business data may be granted exceptions to one or more requirements of this chapter at the discretion of the Zoning Officer.

B. Installation of Small Satellite Dishes.

(1) Small satellite dishes may be roof-mounted or ground-mounted.

(2) If roof-mounted, the Small Satellite Dish may not project more than 24 inches above the highest elevation point of the roof.

(3) If ground-mounted, a Small Satellite Dish located in the front yard must be effectively screened so it is not visible from any public right-of-way. Screening must be maintained or the permit shall be subject to revocation.

(4) Small Satellite Dishes in the front or rear yard must comply with all setback requirements for accessory buildings, depending on zone, and may not be located in any setback area.

(5) A Small Satellite Dish shall be used only by residents of the main building of the subject premises. Connections, electrical or otherwise, to adjacent properties are not permitted and shall be deemed a violation of the yard and setback requirements.

(6) All Small Satellite Dish shall be installed by a trained and licensed satellite dish installer.

(7) No more than two Small Satellite Dishes may be installed per dwelling unit or nonresidential building.

(8) All Small Satellite Dishes must be capable of withstanding sustained 100 mph wind speeds without suffering physical damage or becoming loosened or dislodged from their location in accordance with applicable building codes as designated by the Borough Construction Official from time to time, and a Construction Permit obtained, if required.

C. Satellite Dishes in the Historic District.

(1) In order to maintain the architectural detail and character of the Hightstown Historic District, satellite dishes installed in the Historic District shall comply with the following conditions:

(a) Significant architectural details shall not be removed, damaged or covered by the installation of any dish.

(b) Satellite dishes may not be installed in the front yard.

(c) Satellite dishes shall not be attached to the building facade or roof-mounted so they are visible from the public right-of-way.

(d) When satellite dishes are secured to a brick wall, satellite dishes shall be anchored only in the mortar joints and not to the bricks.

(e) If the proposed location for the satellite dish is not permitted by this section, the installation shall be referred to the Hightstown Historic Preservation Commission for their consent to install, which decision shall be issued within 30 days, unless extended for good cause.

D. When no longer in use, all Satellite Dishes shall be removed within 30 days of being taken out-of-service.

E. Variances from this section may be granted by the Planning Board upon submission of an application.

F. This section may be enforced by the Zoning or Construction Official. All violations shall be subject to a fine not exceeding $500 per violation per day.

§ 28-10-20 Permanently Installed Standby Generators.

[Ord. No. 2014-18; Ord. No. 2021-05]

A. Standby generators shall be permitted as accessory uses and shall be located in the rear yard and side yard only and not project beyond the front building lines of the principal structure. All generators shall be installed on a concrete pad or other pre-formed pad designed to meet the generator's specifications. The generator shall be screened so it is not visible from adjacent properties or from any street or public way. Screening shall consist either of plantings or an opaque fence of sufficient size and height to completely screen the generator from adjacent properties or from any street or public way. Generators located in the side yard require six-foot solid fencing to completely enclose the generator. A solid gate shall be required. Screening shall be maintained by the owner or occupant of the property. All screening or fencing shall be placed in accordance with the generator manufacturer's installation instruction and clearance requirements. The location of the generator, the type of screening and the size of the screening shall be approved by the Zoning Officer.

B. Standby generators may only be used when electric power to the property has been interrupted for reasons beyond the control of the property owner or resident, or for routine testing. Routine testing is permitted for a thirty minute period once a month during weekdays between 9:00 a.m. and 4:00 p.m., subject to air quality restrictions. Routine testing shall not take place on days in which the air quality is classified as unhealthy for sensitive groups, unhealthy, very unhealthy, or hazardous in accordance with N.J.A.C. 7:27-19.2(d) as it may be amended from time to time.

C. Notwithstanding anything to the contrary, generators shall not generate noise levels in excess of 68 dB at twenty-three feet when operating at 100%. Generators shall be operated at all times with a muffler, and any factory-installed enclosure for the generator may not be removed for any reason except for maintenance or repair.

D. Supplemental diesel and gasoline fuel storage tanks powering generators shall not be permitted in any residential zone. If the generator is powered by propane gas, the propane gas tank shall be completely screened so as not to be visible from adjacent properties or from any street or public way and shall obtain all applicable regulatory approvals.

§ 28-10-21 Yard Structures.

[Ord. No. 2020-01]

A. Yard structures shall include free standing gazebos, pergolas or arbors.

B. With the exception of arbors, yard structures are permitted only in the rear yard and cannot be closer than 10 feet to zero inch to any property line. These location restrictions shall not pertain to arbors.

C. The maximum size of yard structures is 256 square feet or 20% of the rear yard, whichever is smaller. The maximum height is 16 feet.

D. Yard structures with completely covered roofs will be included in the total lot coverage for all buildings. Yard structures with open roofs or lattice will be included in the total lot coverage for all structures and other improvements.