Borough of High Bridge, NJ Article III General Regulations

§ 145-301 Special lot regulations.

A. Conformity to ordinances. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified by this chapter.

B. Conformity to yard, building coverage and building location regulations. No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, building coverage and building location regulations designated for the zone in which such building or open space is located.

C. Restrictions on yards. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for a building on any other lot.

D. Prohibited uses. Any use not specifically designated as a permitted use is prohibited in any zone in the Borough. Without limiting the types of uses that are prohibited, the following specific uses are prohibited in any zone in the Borough:

[Amended 3-8-2018 by Ord. No. 2018-007]

(1) Businesses selling, testing, growing, cultivating or manufacturing medical marijuana or recreational marijuana;

(2) Businesses selling, testing, manufacturing or servicing paraphernalia that facilitates the use of medical or recreational marijuana;

(3) Businesses selling, testing, manufacturing or servicing electronic smoking devices, liquid nicotine, liquid nicotine containers or vapor products;

(4) Alternative treatment centers; and

(5) Head shops.

E. Number of principal buildings or uses permitted. Unless otherwise specified in this chapter, no more than one principal dwelling, building, or use shall be permitted on any lot.

F. Height exceptions. Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air conditioning or similar equipment required for the operation and maintenance of the building, skylights, spires, cupolas, flagpoles, chimneys, or similar structures on nonresidential buildings may be erected above the height limits prescribed by this chapter, but in no case more than 20% above the maximum height permitted for the use in the district. Chimneys on residential dwellings and steeples on churches shall have no height restrictions, and silos and barns associated with farms as defined in § 145-104 of this chapter shall not exceed 60 feet in height.

G. Parking of commercial vehicles in residential zones. One registered commercial vehicle of the pickup truck, van or box truck body type on a maximum of six wheels and not exceeding six tons gross vehicle weight, owned by a resident of the premises, shall be permitted to be regularly parked or garaged in any residential district. Said vehicle must be parked in a side or rear yard area, at least 10 feet from any property line, and screened from neighboring properties by plantings at least five feet in height or a fence. The vehicle may be parked in a front yard provided no suitable space exists in the side or rear yard and the vehicle is only parked in an approved driveway at least 10 feet from any property line. For purposes of this chapter, a commercial vehicle is a vehicle displaying advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a "commercial" vehicle with the New Jersey Division of Motor Vehicles. Except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm, or construction vehicles or equipment that are temporarily parked on a site during the period of construction.

H. Parking of trailers, boats and/or campers in residential zones. Recreational vehicles, campers, boats, horse trailers, boat trailers, ATV and motorcycle trailers may be parked or stored only within the required setbacks for the principal structure, but not between the building line and street line unless it is parked in an approved driveway and covered or screened from view by plantings at least five feet in height or a fence and parked not less than 10 feet from the paved portion of a street. The dimensions of such vehicles and trailers shall not be counted in determining building coverage. Such vehicles and trailers shall not be used for temporary or permanent occupancy while situated on the lot.

I. Parking of construction vehicles and/or equipment. No overnight parking of construction vehicles and/or equipment shall be permitted in any zone with the exception of the following:

(1) During construction in accordance with all required permits and approvals.

(2) If the parking of such vehicles is an integral part of the permitted principal use of the zone and has complied with a site plan review to provide adequate screening from adjacent properties and thoroughfares.

J. Public utility lines and related structures. Public utility lines for the transportation and distribution and control of water, sewage, electricity, gas, oil, steam, cable television and telephone and telegraph communications shall be installed underground except as provided in § 145-809A of this chapter. Related electric transformer boxes and cable television and telephone junction boxes may be located aboveground, provided that they extend no higher than three feet above the ground; and where natural foliage is not sufficient to provide year-round screening of such aboveground apparatus, the developer shall provide sufficient live plant screening to border and conceal such apparatus year-round from all sides. Such public utility lines and related structures shall not be required to be located on a lot, nor shall this section be interpreted to prohibit the use of any property in any zone for the above uses.

K. Home occupations. Home occupations shall be a permitted accessory use in residential buildings in the R-1, R-2, R-3 and R-4 Zones and shall be conducted solely by resident occupants of the residential building subject to the following conditions:

(1) No more than one person not a resident of the building may be employed on the premises.

(2) Except for family day care homes, no more than 1/3 of the area of one of the habitable floors of the principal building shall be used for such purpose.

(3) No display of products shall be visible from the street.

(4) No sign to advertise the business will be permitted.

(5) The occupation shall be conducted entirely within either the principal building or an accessory building, but not both.

(6) No occupational sounds shall be audible outside the building.

(7) Machinery or equipment shall not be used which will cause interference with radio and television reception in neighboring residences.

(8) The business must comply with the environmental performance standards specified in § 145-311 of this chapter.

(9) No article shall be offered for sale on the premises.

(10) Examples of businesses that are not permitted include, but are not limited to, medical and dental offices, beauty salons, manufacturing, kennels, raising of animals or birds for commercial purposes, and automobile and truck repairs and bodywork.

(11) The use shall not reduce the parking and yard requirements of the principal use.

(12) The area of the principal building used for the care of children in a family day care home may exceed the limit set forth herein.

(13) All outdoor play areas used in conjunction with a family day care home shall be located in the rear yard and, if the lot is a corner lot, enclosed by a fence, wall, hedge or other means to protect the children.

(14) No alterations to the principal building are permitted that would preclude or hinder the reconversion to an entirely residential use in the future.

(15) No clients or customers are permitted to visit the home business on a regular basis.

L. Temporary uses.

(1) Fairs, carnivals, circuses and bazaars sponsored by local nonprofit organizations shall be permitted as temporary activities only for a period of not more than 15 days in any calendar year with the permission of the Council and subject to the provision of adequate off-street parking and control of traffic, noise, glare, dust and sanitary facilities.

(2) The annual sale of Christmas trees is permitted in the Downtown Business and Commercial Districts between Thanksgiving Day and December 25, inclusive. All trees not sold shall be removed and the premises cleared no later than January 1.

(3) The provisions of this chapter shall not be construed to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

M. Lots fronting on a cul-de-sac. Lots fronting on the bulb or turnaround of a cul-de-sac in the R-1, R-2, R-3 and R-4 Districts shall be exempt from the minimum lot frontage requirement for the district. Such lots shall have a minimum lot frontage of 30 feet, and the widths of such lots measured at the minimum required front setback line shall be equal to the minimum lot frontage requirement for the district. In all other respects said lots shall conform to the requirements of this chapter and other applicable ordinances of the Borough of High Bridge.

N. Lots without public sewer and water. No lot of less than one acre may be created by subdivision or resubdivision in any zone unless all the lots resulting from the subdivision or resubdivision are serviced by public water and sewer.

O. Agricultural activities. The following regulations shall apply to all agricultural activities and uses in the Borough. Agricultural uses are restricted to farms having a minimum lot area of five acres with the following exceptions:

(1) The growing of crops and private greenhouses are permitted accessory uses to single-family dwellings.

(2) A maximum of two horses may be kept on a residential lot with a lot area of two acres or more plus one horse for each additional acre.

(3) The raising of livestock as a student, 4-H or similarly sponsored project is permitted on residential properties with a lot area of two acres or more.

P. Use and storage of fuel, raw materials and products.

(1) Outdoor storage of raw materials or products, including automobile, machine, or equipment parts, incidental to a permitted principal use in a nonresidential zone is permitted in a side or rear yard only, provided said outdoor storage area is fully screened from view from all streets and adjacent properties by fences, walls, plantings or a combination of all three and further provided that the area devoted to such outdoor storage is set back at least 10 feet from any property line abutting a nonresidential use on a nonresidential zoned property and located outside of any buffer areas or 25 feet from a property line adjacent to a residential use, whichever is greater.

(2) No flammable or explosive liquids, solids, or gases shall be stored in bulk aboveground; provided, however, that such storage may be used temporarily during or in conjunction with construction or other temporary process and that any tank or storage device in such temporary use shall be removed upon completion of such process. Except for propane tanks approved for such use and used by a single residential or commercial building for cooking or heating purposes.

(3) All outdoor storage facilities for, raw materials and products shall be enclosed by a fence and shall be shielded from any public street or adjoining premises by landscaping or other appropriate measure.

(4) Additional standards may be found in § 145-311F.

(5) No solid fuel shall be used to heat or cool any building used for nonresidential purposes except for existing buildings that use solid fuel as of the date of adoption of this chapter. Coal must be stored indoors in appropriate containers.

Q. Stripping and topsoil removal. No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken. Any land disturbance must be performed in accordance with the requirements of § 145-813 of this chapter.

R. Vision obstruction at intersections. The planting of trees or vegetation, or the location of structures, exceeding 30 inches in height that would obstruct the clear sight at the intersection of two or more streets for a distance of 200 feet in both directions, shall be prohibited. Clear line of sight shall be maintained from a point on the minor intersecting street 15 feet from the edge of the traveled way of the major intersecting street and from a height of eye at 42 inches in the minor intersecting street to a height of four feet three inches on the major intersecting street. Trees within the sight triangle shall be kept trimmed of branches to a minimum height of six feet above ground level.

S. Building lot frontage on streets. Where a building lot has frontage upon a street, which on the Master Plan or Official Map of the Borough of High Bridge or on the official plans of Hunterdon County in the State of New Jersey is contemplated for right-of-way widening, the required front yard shall be measured from such proposed future right-of-way.

T. Garage and yard sales. Garage and yard sales on any given lot are limited to one in any three-month period, and such sales shall not exceed a two-day duration. The regulations concerning signs for garage and yard sales are found in § 145-302C(1)(k).

§ 145-302 Signs.

A. General provisions. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this section. No signs shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein. Modification to an existing sign other than a name change will require a new sign permit. If a new business/firm occupies the same premises and/or site of an existing business/firm, the size of the existing sign shall be permitted; however, if the existing sign is to be modified in any other way than the name change, the sign shall conform to the new requirements. The erection of any new sign shall require a sign permit issued by the Zoning Officer unless specifically exempted herein. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of the building on which they are located. All signs shall comply with the requirements of § 145-803 (site triangles) of this chapter.

(1) Area.

(a) The area of the sign shall be measured to include all spaces between letters.

(b) The area of any sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or closed, but said area shall not include any supporting framework and bracing incidental to the display itself.

(c) Signs with two-sided exposures shall be measured for area by using the surface of one side of the sign only, even though both sides may be used.

(2) Location. A sign used for advertising must be located on the premises for which the product or service is described. No signs may be attached to utility poles, trees, fences, or other signs.

(3) Illumination of signs.

(a) No sign with red, green, blue, or amber illumination in a beam, beacon or flashing form resembling a traffic or emergency light shall be erected in any location, and no sign shall be designed so as to be mistaken for a traffic light or similar safety device.

(b) All illuminated signs shall be either indirectly lighted or of the diffused lighting type. Illumination shall be designed to direct light and glare away from adjoining streets and properties. Floodlights used for the illumination of any sign, whether or not such floodlights are attached to or separate from the building, shall not project light above the highest elevation of the illuminated wall of the building.

(c) All illuminated signs may be lighted during the hours of operation of that particular business, but must be turned off within one hour after closing or 10:00 p.m., whichever is later.

(d) Neon signs shall be permitted only in windows and shall be subject to the size limitations applicable to window signs in § 145-302E(6).

(e) Illuminated tubing or strings of lights outlining rooflines, or wall edges of any buildings, except for temporary holiday season decorations, are prohibited.

(4) Maintenance of signs. Signs and, in the case of permitted freestanding signs, the mounting area on the ground beneath the sign, must be constructed of durable materials, created and maintained in good and safe condition by the property owner and not allowed to become dilapidated or unsightly. Exemption from the requirement for a sign permit shall not be construed as relieving the owner of a sign from the responsibility for its erection and maintenance in good and safe condition.

B. Prohibited signs.

(1) Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

(2) Moving, fluttering or rotating signs. Signs with moving or rotating parts are prohibited, except that banner and flag signs meeting the requirements of § 145-302E(7) may be permitted. Streamers, pennants, balloons or balloon type ornaments shall be permitted for a period of 60 days annually but not more than seven consecutive days at a time.

(3) Warning signs. Any sign that uses the words "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger or which is likely to be confused with any sign displayed by a public authority is prohibited.

(4) Billboards. No billboards shall be erected or replaced. This provision applies to any sign advertising a product or service not sold on the premises, signs advertising or directing attention to another premises, and any other signs unrelated to the premises on which the sign is erected. This definition does not include political signs, open house signs, or garage sale signs. Existing billboards may be repaired if needed; however, if more than 50% of the billboard is in need of repair, the billboard must be removed.

(5) Vehicle signs. Signs placed upon motor vehicles that are continuously or repeatedly parked in a conspicuous location to serve as a sign are prohibited. This does not preclude owners or operators of commercial vehicles from parking the vehicle at their residence provided they conform to the requirements of § 145-301G of this chapter.

(6) Obscene signs. Signs, banners, or flags, or any advertising matter of an indecent or obscene nature as defined by law are prohibited.

(7) Digital signs, except those limited to the word "open."

[Added 7-21-2022 by Ord. No. 2022-025]

C. Exempt signs.

(1) The following signs may be located in any zoning district and shall not require a sign permit except as noted otherwise:

(a) Informational and directional signs. Street number designations, postal boxes, "private property," "no hunting," on-site directional and parking signs and warning signs are permitted in all zones and are not considered in calculating sign area. No such sign shall exceed one square foot in area. Directional signs shall not be commercial in nature.

[Amended 7-21-2022 by Ord. No. 2022-025]

(b) Temporary event signs. Temporary signs advertising a specific event sponsored by a bona-fide nonprofit organization or the Borough of High Bridge, when authorized by the governing body, shall be set back from all street, driveway and property lines a distance equivalent to one linear foot for each 2.5 square feet of sign area or 10 feet, whichever is the greater distance, shall be unlighted, and shall not exceed 24 square feet in area and five feet in height. Such signs must be a type appropriate for temporary display (e.g., banner, portable sign, or window sign); may be displayed for a period not to exceed two weeks and shall be removed within three days after the event; and may either be located on the subject premises or off the premises. The back of each such sign shall be clearly marked with the name, address and telephone number of the person erecting and empowered to remove the sign. If such information is not posted on the sign, the signs will be removed by the Borough and destroyed at the expense of the owner.

[1] A maximum of three temporary event windows signs shall be permitted per establishment. Each sign shall not exceed 8.5 inches by 11 inches in size. Temporary event window signs may be displayed for a period not to exceed two weeks prior to the event and shall be removed 24 hours after the conclusion of the event.

[Added 2-12-2015 by Ord. No. 2015-01]

(c) Political signs. Temporary signs advertising a political campaign shall be set back from all street, driveway and property lines a distance equivalent to one linear foot for each 2.5 square feet of sign area or 10 feet, whichever is the greater distance, shall be unlighted, and shall not exceed six square feet in area and three feet in height. The back of each such sign shall be clearly marked with the name, address and telephone number of the person erecting and empowered to remove the sign. If signs are not removed within five days of the applicable election date, the owner of such signs shall be subject to a fine of $25 per sign. If such information is not posted on the sign, the signs will be removed by the Borough and destroyed at the expense of the owner. All political signs must comply with all other applicable rules and regulations of the State of New Jersey.

(d) Signs advocating the political or social views of the owner or occupant are permitted provided they comply with the size and setback requirements described herein and are in place for no longer than 120 days annually.

(e) Real estate signs less than four square feet provided they comply with all provisions of this chapter in § 145-302H.

(f) Memorial tablets or signs, historical plaques, and date of erection when cut into any masonry surface, when constructed of bronze or other noncombustible materials, or when officially presented by a recognized organization.

(g) Street signs. Traffic or other official federal, state, county or municipal signs, "Welcome to High Bridge" signs authorized by the governing body, legal notices, railroad crossing signs, danger signs and such temporary emergency or warning signs may be erected by governmental or public utility agency employees or designated construction contractors in carrying out official projects.

(h) Unless otherwise specifically approved as part of a submitted subdivision or site plan application for development, street signs shall be of the type, design and standard previously installed elsewhere in the Borough. The location of any and all street signs shall be determined by the Borough, but there shall be at least two street signs provided at each intersection. All street signs shall be installed free of visual obstruction and shall be read horizontally and not vertically. The lettering and background for the signs shall be of sufficiently contrasting colors to facilitate readability.

(i) If street signs of a type, design or standard other than those installed elsewhere in the Borough are approved as part of a subdivision or site plan application for development, provision must be made by the applicant for maintenance and/or replacement of said signs by an entity other than the Borough.

(j) Lettering and numbering on residential mailboxes.

(k) Garage sale signs. Signs advertising a garage sale may not exceed four square feet in area and may not be in place more than seven days before and three days after the event, except for a municipal or nonprofit sponsored event. The top of the sign shall not be more than three feet above ground level and must be placed or anchored in the ground in a manner that prevents the sign from being removed by any breeze, wind, or other force of nature. More than one garage sale sign may be permitted for each sale, provided that such signs are situated only on the lot where the sale is occurring, and/or at intersections where a motorist must change direction to find the sale; only one sign is erected at an intersection; and the sign is set back from the paved roadway a minimum distance of three feet so that visibility at the intersection is not diminished. Any garage sale sign that does not meet these conditions will require a sign permit.

(l) Government authorized flags. The Flag of the United States of America, the P.O.W./M.I.A. Flag, State of New Jersey Flag, County of Hunterdon Flag and a Flag of the Borough of High Bridge may be displayed in all zones.

(m) Flags and windsocks that are purely decorative in nature, do not contain advertising, and are less than six square feet in size may be displayed in any zone.

(n) Contractor signs that are placed on a client's premises during the period that work is performed thereon provided the sign is not larger than four square feet in size, is located outside of the road right-of-way, and is removed within five days after the completion of work at said premises.

(2) The following type of sign does require a sign permit, but no fee will be charged:

(a) Public and institutional use signs. One nonflashing wall or ground sign, on each street on which the use adjoins, may be located on the premises of places of worship, public libraries, museums, art galleries, buildings used exclusively by federal, state, county and local government for public purposes, public, private and parochial schools, and public recreational and community center buildings and grounds. The sign may not exceed 10 square feet in area and eight feet in height, in the case of a ground sign. No such sign shall be located closer than 10 feet to any street or property line. A public or institutional use may also erect a temporary sign such as a banner, portable sign, or window sign, that is located off the subject premises for specific events provided a sign permit is obtained and all of the requirements for temporary event signs found at § 145-302C(1)(b) are met.

D. Signs in residential districts. In residential districts, only exempt signs as described in Subsection C above or the following signs shall be permitted:

(1) A nameplate sign, situated within the property lines and bearing only the name and address of the principal occupant or a property name, provided that the sign shall not exceed 150 square inches in total area on one side. Such sign may be illuminated but not with neon or other colored light, and if illuminated indirectly, no light from the source of illumination shall fall outside the property lines or cause glare to motorists. No sign permit shall be required.

(2) Approved multifamily residential developments may display one freestanding (ground type) identification sign at each street entrance to the development, designating only the name of the development, provided that said sign shall not exceed 15 square feet in area and four feet in height and shall be set back at least 15 feet from any street or property line. A sign permit will be required unless the sign was included as part of the site plan or subdivision approval.

E. Signs in nonresidential districts: C and ROM Zones. No business or other commercial establishment including manufacturing and research shall be allowed signs except as permitted herein. Furthermore, any new or replacement signs; with the exception of a comparable replacement sign for a preexisting, nonconforming sign that is required due to age, condition or damage; on nonresidential properties containing more than one use or business establishment shall be reviewed by the Borough and shall be part of an approved, comprehensive signing plan for the property. Permitted signs may be any one or combination of the following, provided, however, that no individual business or other commercial establishment, including manufacturing and research, shall be permitted to display more than two permanent, exterior signs and two simultaneous temporary signs:

[Amended 2-12-2015 by Ord. No. 2015-01]

(1) Signs located in Zones C and R-O-M shall not exceed 15% of the area of the public entrance face of the principal building. Such sign or signs may be attached to the public entrance or street face of the building or mounted in the front yard.

(2) Wall signs. Wall signs are permitted on each wall of a commercial building that faces a street, subject to the following limitations and requirements:

(a) Not more than one wall sign on each such wall shall be permitted for each business establishment or use located within the building and having a public entrance from that wall.

(b) The bottom of said sign shall be at least seven feet above the ground level or sidewalk below the sign if it extends more than three inches from the face of the building wall.

(c) The height of any such sign shall not exceed three feet or 20% of the height of the building wall to which it is attached, whichever is the lesser.

(d) The total of the widths of all such signs shall not exceed 50% of the width of the building wall to which they are attached.

(e) The total area of all such signs shall not exceed an area of two square feet for each one foot in width of the main or primary public entrance side of the building wall, including window area, to which they are attached.

(f) Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than six inches from the building. No such sign shall extend or project above the highest elevation of the wall to which it is attached. Lettering or numbering attached directly to a wall shall be considered a wall fascia sign.

(g) Cantilevered signs may be substituted for permitted wall signs, provided that no such sign shall have an area in excess of eight square feet.

(3) Roof signs. Roof signs are permitted on the front of each commercial building that faces a street in the DB Zone, subject to the following limitations and requirements:

(a) Not more than one roof sign shall be permitted on each business establishment or use located within the building and shall be placed on the portion of roof above the front entrance of the structure.

(b) The bottom of any such sign shall be placed at the lowest possible portion of the roof.

(c) The height of any such sign shall not extend higher than the top roofline.

(d) The total area of such sign shall not exceed two feet in height or eight feet in width.

(e) All such signs shall be unlit.

(4) Ground or freestanding signs. One ground type sign shall be permitted for each nonresidential lot in the C and R-O-M Zones only, subject to the following limitations and requirements:

(a) One ground type sign may be erected for each 300 feet of street frontage.

(b) Ground type signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be permitted except that the sign itself may hang from its supporting column by flexible links. The column or post shall not be included in the calculations of a sign unless it is illuminated or contains information for advertising an item.

(c) No such sign shall have a height in excess of 10 feet above the ground level below the sign and shall not exceed a height of 15 feet at commercial shopping centers.

(d) No such sign shall exceed a width of six feet nor have an area of more than 24 square feet.

(e) Said sign shall be at least 50 feet from the point of intersection of any two street right-of-way lines and shall comply with all requirements of § 145-803 (sight triangles).

(f) Said sign shall be located at least 10 feet from any street or property line in Zone DB only and 30 feet from any street or property line in Zones C and R-O-M.

(5) Portable signs. Portable signs shall be permitted in all nonresidential zones only, provided there shall be not more than one portable sign per business establishment. No such sign shall have more than 10 square feet of sign area, may not be lighted, and all such signs shall be located outside of the street right-of-way. A portable sign shall be any sign which is fixed on a movable stand; self-supporting without being firmly embedded in the ground; supported by other objects; mounted on wheels or moveable vehicles; or made easily moveable in some other manner. A portable sign may be either a temporary or a permanent sign.

(6) Window signs. Interior window signs shall not be considered in computing the number of allowable signs, provided, however, that such interior signs shall not exceed 50% of the total window area, and further provided that such signs shall be used only for the purposes of advertising special sales, business identification, or services sold on the premises. No signs may be placed in a window of a door that provides light or ingress and egress to the building. A window sign may be either temporary or permanent.

(7) Banner and flag signs. A sign or advertising flag may be permitted in advertisement of a special sale or event, provided it is suspended from or otherwise attached to the building or firmly attached to one or two posts or poles only on the premises from which the product(s) will be sold or in which the event will take place. The sign must not remain in place longer than six weeks at a time nor more than 100 days during the year; and cannot exceed 50 square feet in area. For the purposes of determining compliance for the sign permit, a banner or flag that is hung in a window must meet the requirements for both banners and window signs. A banner or flag is considered to be a temporary sign. This shall not preclude the erection or use of temporary banners or advertising flags in connection with public or charitable events or holidays of public significance when and where authorized by the governing body. Flags or windsocks that are purely decorative in nature are not subject to these restrictions and do not require a permit.

(8) Signs for motor vehicle service stations. Notwithstanding any of the foregoing provisions for signs in nonresidential districts, motor vehicle service stations may display any or all of the following signs and only the following signs:

(a) One ground type sign advertising the name of the station and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 24 square feet in area and shall be erected not less than five feet from any street or property line; the top of the sign shall be not more than 15 feet above the ground.

(b) Directional signs or lettering displayed on the building wall over individual entrance door or bays, consisting only of the words "washing," "lubrication," "repair," "mechanic on duty" or other words similar in import, provided that there shall be no more than one such sign over each entrance or bay, the letters thereof shall not exceed 12 inches in height and that such lettering shall be limited to a single line.

(c) Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning signs, price indicators and signs required by law and not exceeding a total of three square feet on each pump.

(d) Canopy lettering, if a canopy exists, identifying the company or brand name or the insignia or emblem of the company or brand sold on the premises provided that such lettering shall be permitted on two sides of the canopy only and shall not exceed a total area of 12 square feet per side.

(e) One building wall sign not to exceed 12 square feet in area identifying either the company or brand name or the insignia or emblem of the company or brand sold on the premises.

F. Signs in nonresidential districts: Downtown Business (DB) Zone. No business or other commercial establishment shall be allowed signs except as permitted herein.

[Added 2-12-2015 by Ord. No. 2015-01[1]]

(1) A ground floor establishment may have either a wall sign or a hanging sign. The standards for wall signs and hanging signs are as follows:

(a) Wall signs.

[1] There shall be no more than one wall sign per establishment per public street frontage.

[2] The following types of wall signs shall be permitted in the Downtown Business Zone:

[a] Backlit raised letters with concealed ballast.

[b] Signage board with or without downward lighting.

[3] The maximum sign area shall be 25 square feet.

[4] The maximum letter height shall be 12 inches.

[5] The top edge of a wall sign shall not be installed more than 15 feet above the sidewalk. The top edge of a wall sign shall not project above the roofline.

[6] Wall signs shall not project more than eight inches beyond the facade.

[7] When multiple storefronts occur within the same building, their signs shall be compatible in style, dimension and mounting height.

(b) Hanging signs.

[1] There shall be no more than one hanging sign per establishment.

[2] The maximum sign area shall be six square feet.

[3] The maximum letter height shall be 12 inches.

[4] The lower edge of a hanging sign shall be at least eight feet above the sidewalk. The highest edge of a hanging sign shall be no more than 14 feet above the sidewalk.

[5] Hanging signs shall project a maximum of four feet from the building facade.

[6] Sign support framework shall be well-crafted, in keeping with the sign and building architecture.

[7] There shall be a minimum of 25 feet separation between hanging signs.

[8] Hanging signs may be externally lit. Internally-lit hanging signs shall be prohibited.

(2) Street address signs.

(a) Street address signage shall be provided on each building or for each individual ground floor tenant. Street address signage shall contain, at a minimum, the building number.

(b) Street address signage may be placed on the facade or on the door.

(c) Street address numbers shall have a maximum height of 10 inches.

(d) Street address lettering shall have a maximum height of six inches.

(3) Street-level directory signs.

(a) Where a building has upper-story nonresidential uses, one street-level directory sign shall be permitted per entrance to said upper-story establishments. Directory signs shall be located next to the exterior entrance to the upper-story establishments.

(b) The maximum sign area shall be three square feet.

(c) The maximum letter height shall be eight inches.

(d) The top edge of the directory sign shall not be installed more than six feet above the sidewalk.

(4) Window signs.

(a) Ground floor and upper-story nonresidential uses may have window signs.

(b) All window signs shall be neat, clean and professional-looking.

(c) Window signs may be temporary or permanent.

(d) Windows signs shall not exceed 25% of the nonresidential glass area of the street facade.

(e) The maximum letter height shall be eight inches.

(f) Window signage shall pertain only to the establishment occupying the premises where the window is located.

[1] Editor's Note: This ordinance also redesignated former Subsections F through H as Subsections H through J, respectively.

G. Signs in nonresidential districts: Mixed-Use Commercial (MUC) Zone. No business or other commercial establishment shall be allowed signs except as permitted herein. When multiple storefronts occur within the same building, their signs shall be compatible in style, dimension and mounting height.

[Added 2-12-2015 by Ord. No. 2015-01[2]]

(1) Wall signs.

(a) Ground floor establishments may have a wall sign.

(b) There shall be no more than one wall sign per establishment per public street frontage.

(c) The following types of wall signs shall be permitted in the Mixed-Use Commercial Zone:

[1] Backlit raised letters with concealed ballast.

[2] Signage board with or without downward lighting.

(d) The maximum sign area shall be 30 square feet.

(e) The maximum letter height shall be 14 inches.

(f) The top edge of a wall sign shall not be installed more than 15 feet above the sidewalk or ground level. The top edge of a wall sign shall not project above the roofline.

(g) Wall signs shall not project more than eight inches beyond the facade.

(2) Monument signs.

(a) Monument signs shall be permitted where a building has more than one nonresidential use and is set back from the right-of-way at least 20 feet.

(b) A maximum of one monument sign shall be permitted per parcel in the Mixed-Use Commercial Zone.

(c) The maximum sign area shall be 30 square feet, excluding the base.

(d) The maximum sign height shall be six feet, which shall include the base.

(e) The sign shall be set back from the right-of-way a minimum of eight feet.

(f) The base of the monument sign shall be constructed of materials that are consistent with the building architecture.

(g) The base of the sign shall be landscaped a minimum of two feet in all directions.

(h) Monument signs may be externally lit. Internally-lit monument signs shall be prohibited.

(3) Street address signs.

(a) Street address signage shall be provided on each building or for each individual ground floor tenant. Street address signage shall contain, at a minimum, the building number.

(b) Street address signage may be placed on the facade, door or on a monument sign.

(c) Street address numbers shall have a maximum height of 12 inches.

(d) Street address lettering shall have a maximum height of eight inches.

(4) Street-level directory signs.

(a) Where a building has upper-story nonresidential uses, one street-level directory sign shall be permitted per entrance to said upper-story establishments. Directory signs shall be located next to the exterior entrance to the upper-story establishments.

(b) The maximum sign area shall be three square feet.

(c) The maximum letter height shall be eight inches.

(d) The top edge of the directory sign shall not be installed more than six feet above the sidewalk or ground level.

(5) Window signs.

(a) Ground floor and upper-story nonresidential uses may have window signs.

(b) All window signs shall be neat, clean and professional-looking.

(c) Window signs may be temporary or permanent.

(d) Windows signs shall not exceed 25% of the nonresidential glass area of the street facade.

(e) The maximum letter height shall be 12 inches.

(f) Window signage shall pertain only to the establishment occupying the premises where the window is located.

[2] Editor's Note: This ordinance also redesignated former Subsections F through H as Subsections H through J, respectively.

H. Real estate signs.

(1) Real estate signs temporarily advertising the sale, rental or lease of the premises or a portion thereof shall be limited to the property on which the premises are located and shall conform to the following requirements:

(a) Existing building. One sign not exceeding four square feet in area shall be permitted.

(b) Vacant land. One sign not exceeding four square feet in area on each side of the property having road frontage shall be permitted.

(c) Approved subdivision at startup of construction. One sign not exceeding 24 square feet in area and eight feet in height shall be permitted during construction of the development, provided said sign shall be set back at least 15 feet from any street or lot line. This provision will be waived if a sign was erected at the time of the approved site plan.

(d) Approved site plan at startup of construction. One sign not exceeding 24 square feet in area and eight feet in height shall be permitted during construction on the site, provided said sign shall be set back at least 15 feet from any street or lot line. This provision will be waived if a sign was erected at the time of the approved subdivision.

(e) The display of "too late" or "under contract" signs or signs with similar connotations shall be prohibited. "Sold" signs may be permitted up to 30 days from the date of the contract of sale.

(f) All real estate signs shall be unlighted.

(g) Erection of real estate signs in excess of four square feet shall require a sign permit and conform to the requirements of this chapter.

(h) Except as otherwise specified, all real estate signs shall be, if not attached to the building, set back from all street lines a distance equivalent to 1 1/2 linear feet for each one square foot of sign area, provided the required setback shall in no case be less than five feet and shall be outside the sight triangle.

(i) All real estate signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised or, in the case of residential subdivisions, within 30 days after 80% of the lots have been initially sold or developed with residences. Further, in the case of a subdivision or site plan undergoing construction, the sign shall be removed anytime that construction activity has ceased for a period of six consecutive months, or within 15 days of the completion of construction, whichever occurs first.

(2) As used herein, the term "open house signs" shall mean signs noticing a real estate event whereby a residential property in the Borough of High Bridge is made available for public inspection without the necessity of an interested person having to make a specific appointment for inspection. Open house signs shall be permitted in the Borough in accordance with the following conditions, limitations, and restrictions.

(a) The open house sign(s) shall be permitted for only a twenty-four-hour period including the actual hours of the open house event.

(b) The open house sign shall be no more than four square feet in area, unlighted, and located so that the top of the sign is no more than three feet from ground level, and placed or anchored on the ground in a manner so as to prevent the sign from being removed by any breeze, wind, or other forces.

(c) More than one open house sign may be permitted for each open house event provided that such signs are situated only within the right-of-way of a municipal street at the intersection of said street with another street where a motorist must change direction to find the event; only one sign is erected at any single intersection; and the sign is set back from the paved roadway a minimum distance of three feet so that visibility at the intersection is not diminished.

(d) Attachments to open house signs, such as but not limited to balloons, pennants, or streamers, shall be specifically prohibited.

(e) Erection of open house signs in excess of four square feet shall require a sign permit and conform to the requirements of this chapter.

(f) Any sign placed on private property without the permission of the property owner shall be subject to removal by the property owner or the Borough and disposed of at the expense of the realtor.

I. Seasonal agricultural signs. As used herein, the term "seasonal agricultural sign" shall mean a sign noticing the sale of seasonal agricultural produce at a farm, as defined in this chapter. Seasonal agricultural signs shall be permitted in the Borough, upon the issuance of a sign permit, in any zone in which farming or farm stands are a permitted or accessory use. Such signs must comply with the following conditions, limitations and restrictions:

(1) Each seasonal agricultural sign shall be no more than four square feet in area, unlighted, and located so that the top half of the sign is no more than four feet above ground level, and secured or anchored so as to prevent the sign from being removed by any breeze, wind, or other forces.

(2) Seasonal agricultural signs shall be set back from the paved cartway a minimum distance of 10 feet.

(3) Seasonal agricultural signs may only be posted during the harvest season for the particular produce raised and sold from the farm. Such signs shall be removed immediately following the conclusion of the harvest season.

(4) No more than one seasonal agricultural sign shall be permitted per farm and said sign shall be located only on the premises from which the product is sold.

J. Administration.

(1) Application. Applications for sign permits shall be made to the Zoning Officer by the owner of the premises and the person responsible for the erection of the sign, and both shall be responsible for compliance with the terms as herein set forth. Application shall be made on forms available from the Zoning Officer and shall be accompanied by a fee in the amount of $35. A sign permit may also be required from the Construction Official.

(2) Issuance of sign permit. It shall be the duty of the Zoning Officer to examine the application, plot plan or site plan and other data regarding the sign which is proposed to be erected, and if the proposed sign is in compliance with all of the requirements of this chapter and all other laws and ordinances of the Borough of High Bridge, and receives approval of the Construction Official, if required, the Zoning Officer shall then issue the sign permit. The sign permit shall be issued or denied within 30 days of the date of application.

(3) The Zoning Officer may, on an individual basis and after the applicant has proven a substantial need, allow more than the permitted number of garage sale or real estate signs for a single sale. Upon submission of an application for a sign permit (no fee will be required), the Officer shall approve the locations of these additional signs and specify the limited time period that these signs may remain installed.

(4) Duration of sign permit. If the work authorized under a sign permit has not been completed within four months after the date of issuance, the permit shall become null and void, except as noted in Subsection H(5) below.

(5) Temporary signs.

(a) In a nonresidential zone, a business may apply for a sign permit that will permit the display of different temporary signs (banner or flag, portable sign, window sign) for up to a twelve-month period. For this purpose, a temporary sign is one that is intended for display for a defined period of time with intermittent periods of at least four days when the sign is not displayed. An individual business or commercial establishment shall be permitted to display no more than two different types of temporary signs at a time. In order for the Zoning Officer to issue a sign permit for multiple temporary signs, the following information must be submitted with the application for the sign permit:

[1] A list of the types of temporary signs to be displayed over the year, or shorter time period as desired by the applicant.

[2] A schedule indicating the length of time each sign will be displayed consecutively and cumulatively over the year or other time period.

[3] The general content/purpose of each sign.

[4] The proposed location where each sign will be displayed.

[5] The proposed size of each sign.

[6] All other information required on the application for a sign permit for the types of signs for which approval is sought.

(b) Failure of the business owner to follow the schedule and other information submitted with the application for each sign without prior approval of the Zoning Officer shall result in revocation of the sign permit and possible issuance of a summons. After the time period for which the permit was issued ends, the applicant must apply for a new sign permit in order for the display of temporary signs to continue or for the sign to be used as a permanent sign.

(6) Unsafe signs. Unsafe signs shall be subject to the provisions of N.J.A.C. 5:23-2.32 (Unsafe Structures) and other applicable laws.

(7) Obsolete and illegal signs. Any signs now or hereafter existing which no longer advertises a bona-fide business conducted on the premises, a product sold on the premises or a use lawfully existing on the premises shall be taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure or land on which such sign is located. If the responsible party fails to remove such sign, the Zoning Officer may notify the party in writing directing removal of the sign. Upon failure to comply with such notice within 10 days, the Zoning Officer is hereby authorized to cause removal of the sign, and any expense incidental thereto shall be paid by the permittee or owner of the building or structure or land on which the sign is located.

(8) If a sign is erected without obtaining the required permits, then the Zoning Officer shall notify the owner of the sign or the owner, agent or person having the beneficial use of the building or structure or land on which such sign is located, that the sign is illegal and a permit must be obtained. The required, complete application must be submitted within two weeks of notification by the Zoning Officer. If the permit is denied or the owner fails to file the application within the specified period, then the Zoning Officer shall require removal of the sign within 10 days of his/her written notification. Upon failure to comply with such notice, the Zoning Officer is hereby authorized to cause removal of the sign, and any expense incidental thereto shall be paid by the permittee or owner of the building or structure or land on which the sign is located.

(9) Responsibility for damages. Any person or organization posting a sign in the Borough of High Bridge shall be responsible for any damage to person(s) or property caused by its placement or movement. Permitted temporary signs shall be removed by the party erecting them prior to the expiration of the time period for display. Exemption from the requirement for a sign permit does not imply exemption from the sign regulations of this chapter.

§ 145-303 Accessory structures.

A. Types of accessory structures. Any accessory structure having a common wall, roof or foundation with the principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building. Open decks that do not have walls or a roof and are held off the ground by means of posts or cantilevered must have a minimum setback of 10 feet, whether or not the deck is attached to the principal building. Temporary structures, those without a permanent foundation or footing and that are designed to be easily taken apart (e.g., a tent), that are erected to meet the use normally provided by a permanent type of accessory structure are prohibited.

B. Accessory structures not to be constructed prior to principal building. No construction permit shall be issued for the construction of an accessory building or structure, other than construction trailers, storage sheds or farm accessory buildings prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building or structure, the Construction Official shall revoke the construction permit for the accessory building or structure until the construction of the main building has proceeded substantially toward completion.

C. Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be at least 15 feet unless a greater distance is specified elsewhere in this chapter, except in the R-4 Zone, 10 feet shall be required between an accessory building and any other building(s).

D. Height of accessory structures. The height of accessory structures shall not exceed 20 feet in height, except that this limitation shall not apply to farm structures (see § 145-301F).

E. Location. An accessory structure may not be erected closer to the street right-of-way than the building line and shall meet the setbacks from side and rear lot lines the distances specified in § 145-203, Schedule of Area, Yard and Building Requirements,[1] except for the following:

(1) Storage sheds measuring 100 square feet or less in size and located in an R-1, R-2, R-3, or R-4 Residential Zone must have a minimum setback of five feet from a side or rear lot line;

(2) If erected on a corner lot, the accessory structure shall not be located closer to either street than the building line facing each street;

(3) No poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 15 feet to any property line; and

(4) Refer to § 145-404E for setback requirements for accessory structures in the Solitude Village Development (R-4 Zone).

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

F. Percentage of rear yard and total lot area to be occupied. The following table presents, for certain zones, the maximum percentage of the rear yard area of the lot and the total area in square feet which may be occupied by accessory structures, regardless of whether said accessory structures are located in the rear or side yards of the lot:

Zone	Maximum % of Rear Yard	Maximum Area on Lot (square feet)
R-1	5%	2,000
R-2	10%	900
R-3	20%	750
R-4	20%	750

G. Number of accessory buildings. Not more than two accessory buildings shall be located on any lot other than a lot containing a farm or a lot in the R-O-M Zone.

§ 145-304 Fences and walls.

A. A fence shall be defined as a structure functioning as a boundary or barrier, usually made of posts, boards, wire or rails but may consist of vegetation such as hedges. A wall shall be defined as an upright structure of building material, such as masonry, stone, wood, or plaster, serving to enclose, divide, or protect an area including walls designed to hold back earth (i.e., retaining wall).

B. No fence or wall, except for retaining walls, hereafter erected, altered or reconstructed in any residential zone, or on any lot containing a residential building in any other zone, shall exceed four feet in height when located in a front yard and six feet in height when located in a side or rear yard. Vegetation such as hedges shall have no height restriction. A fence may exceed the above height restrictions only if the entire fence, or the part of the fence above four feet in height, is made of "invisible" plastic mesh with a mesh opening of no larger than two inches by four inches and no smaller than one inch by one inch and when the fence is erected for the purpose of protecting landscaping or gardens from deer damage.

C. No fence or wall hereafter erected or reconstructed in any nonresidential zone shall exceed a height of six feet. The foregoing shall not apply to a retaining wall or sound barrier erected as part of an approved site plan.

D. An open wire fence may be erected to a height greater than six feet but not to exceed eight feet within a public park, public playground, a public school property or around a commercial recreational use, where such fence is for the purpose of containing an implement or missile necessary for the conduct of recreational activities, or in the Commercial or R-O-M Zone, around an outdoor storage area conforming to all requirements of this chapter, where such fence is required for security purposes.

E. Electric fences capable of administering an electric shock to humans are prohibited. Barbed wire fencing is prohibited in residential zones, but may be used as an adjunct to open wire fencing in the Commercial or R-O-M Zones at a height of not less than six feet or greater than 10 feet. Barbed wire or electric fencing may be used at any height to a maximum height of eight feet on properties containing livestock. Razor wire or concertina wire is prohibited in all zones.

F. Nothing herein shall be construed to restrict the erection of suitable windbreaks for the winter protection of trees, shrubs, and other vegetation or for the erection of protective fences around permitted public utility uses in excess of the height limitations specified herein.

G. A zoning permit is required for the erection of any hedge (mature size), wall or fence two feet in height or taller. However, fences or hedges erected around gardens that are entirely located outside of the yard setbacks for the zone shall not require a permit, and shall not be subject to height restrictions. Every fence and wall shall be maintained in safe, sound and upright condition and shall be subject to the inspection of the Zoning Officer and/or the Borough Engineer. A repair to a fence shall not include a change from an open-sight fence (e.g., split rail) to a closed-sight fence (e.g., stockade) or vice versa.

H. All fences, hedges and walls must be erected with the finished side facing outward from the property. A closed-sight fence must be located a minimum of two feet off the property line, regardless of the presence of critical areas. An open-sight fence may be located no closer than six inches to the property line (as measured from the outermost face of the fence). A hedge must be located at least half of the predicted width of the plant at maturity (as measured from the center of the plant) off the property line. A wall must meet a setback of two feet from a property line or critical area boundary.

I. No fence, hedge or wall shall be permitted within a sight triangle except as allowed by § 145-301R.

J. Temporary fences shall require a zoning permit (but no fee shall be paid) unless the fence was included on development plans approved by the Planning Board or as part of an approved soil erosion and sediment control plan or grading permit (see § 145-813 of this chapter). For construction projects, the fence will be permitted for the duration of the project. For other uses, the length of time the fence will be permitted will be based on the intended use of the fence.

K. No retaining wall higher than four feet shall be erected unless engineering drawings are submitted to the Zoning Officer for approval along with the application for a zoning permit. The Zoning Officer shall submit such drawings to the Borough Engineer for review and approval. A fence may be required at the top of a retaining wall, depending on its height. See § 145-813 for additional requirements for retaining walls.

§ 145-305 Nonconforming buildings, structures, uses and lots.

A. A building, structure or use lawfully in existence as of the effective date of this chapter which shall be made nonconforming by the passage of this chapter or an amendment thereto may be continued, except as otherwise provided in this section.

B. No nonconforming building or structure, or building or structure devoted to a nonconforming use, shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use or structurally altered except in conformity with the regulations of this chapter for the zone in which such building or structure is located.

C. A lot on which a nonconforming building, structure or use is located shall not be reduced in size. A lot which is already nonconforming shall not be made more nonconforming in any manner.

D. Any nonconforming building or structure which has been partially destroyed or damaged may be repaired or rebuilt provided:

(1) Said nonconforming building or structure does not exceed the height, floor area and/or volume of the original building or structure; and

(2) The reconstruction work shall be commenced within one year from the date the original building or structure was damaged and carried out without interruption; and

(3) Any such building or structure which has been declared structurally unsafe shall be rebuilt in accordance with the requirements of this chapter. However, any building or structure which has been destroyed, partially or entirely, by fire or natural disaster may be rebuilt in its prior nonconforming location. Any such building or structure on which reconstruction is commenced after one year from the date of damage shall be rebuilt in accordance with the requirements of this chapter.

[Amended 6-11-2020 by Ord. No. 2020-029]

E. The applicant must obtain a zoning permit and construction permit prior to repairing or rebuilding the structure. If the building or structure that was partially destroyed was the subject of a previous variance application, then the applicant must reapply to the Board of Adjustment if any modifications to the structure or use are proposed.

F. Repairs and maintenance work required to keep the building or structure in sound condition may be made to a nonconforming building or structure or to a building or structure containing a nonconforming use, provided that said repairs and maintenance work do not extend the floor area or volume of space occupied by a nonconforming use or the footprint of a nonconforming structure or building.

G. A building containing a nonconforming residential use may be altered in any way to improve interior livability but no structural alterations shall be made which would increase the number of dwelling units.

H. Any nonconforming building, structure, use or lot may change ownership and continue to function as the same nonconforming building, structure, use or lot provided all of the other provisions of this chapter are met.

I. Nonconforming lots.

[Amended 11-14-2019 by Ord. No. 2019-038]

(1) Whenever any nonconforming lot which legally existed as of December 23, 2004, is smaller than the minimum lot size currently required in the subject zoning district for the proposed use, and such lot is at least one-half the minimum lot size currently required in its subject zoning district, the Zoning Officer shall issue zoning permits and the Construction Official shall issue construction permits for said lot and no variance shall be required for the substandard lot area, provided that the lot width is the size which was allowed by the approving authority at the time the lot was created, the yard setbacks are in line with the setbacks of existing structures on the lot, and no other variances are required. In no event shall a nonconforming structure be enlarged in any manner that would either create a new or additional noncompliance with any bulk regulations or increase the degree of noncompliance with respect to any bulk regulations.

(2) Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Borough, county or state in order to meet the minimum street width requirements of this chapter, and the area or depth of the lot has been rendered substandard only by virtue of such dedication or conveyance, and the owner has no other adjacent lands with which to satisfy the lot area or lot depth requirements of the zone in which the lot is located, the Zoning Officer shall issue zoning permits and the Construction Official shall issue construction permits and certificates of occupancy for said lot as if these requirements were met, and no variance shall be required for the substandard lot area and/or lot depth, as applicable.

J. Certificate of nonconformity.

(1) Purpose. A certificate of nonconformity is a document that certifies that a nonconforming condition or use on a lot existed before the adoption of the ordinance which made the use or structure nonconforming. A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of such certificate (N.J.S.A. 40:55D-68). The advantage to obtaining such a certificate is to facilitate sale of the property to a purchaser who desires to continue the use or maintain a nonconforming structure and avoid any possible future prosecution for a violation of the ordinance, or litigation concerning the use or structures permitted on the tract.

(2) Submittal of application.

(a) An application for a certificate of nonconformity may be made to the Zoning Officer within one year of the adoption of this chapter. The Zoning Officer shall collect an application fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15 (see § 145-701A). If an applicant has gone in a timely fashion to the Zoning Officer but has been denied a certificate, the applicant must appeal first to the Board of Adjustment before taking the matter to a court.

(b) After the one-year time limit, an application for a certificate of nonconformity must be submitted to the Board of Adjustment. Applications for a certificate to confirm that the previous version of the Land Use and Development Ordinance, adopted December 11, 1997, rendered a use or structure nonconforming must be made to the Board of Adjustment.

(c) An applicant shall not rely on the issuance of a certificate of continuing occupancy by the CCO Officer, along with a cover letter allegedly permitting the expansion of a nonconforming use, when the officer had no reasonable basis to permit such a use. In addition, a certificate of occupancy is not a determination as to the legality of a use or structure.

(d) An applicant may first apply to the Zoning Officer for a zoning permit for a use or structure in order to confirm whether the use or structure in question conforms to the regulations in the current chapter.

(3) Content of application.

(a) The applicant shall have the burden of proof. It is important that the evidence presented to the Zoning Officer or to the Board establishes exactly what the use or structure was at the time of adoption of the chapter, including its character, extent, intensity and any incidents. The application must include the following:

[1] A completed application form.

[2] The application fee. (Fees for applications to the Zoning Officer or to the Board may be found in § 145-701.)

[3] All certification proceedings before the Board, whether by direct application or appeal from a denial by the Zoning Officer, must include a public notice and notice by certified mail to property owners within 200 feet of the subject property. No notice is required for certification applications made directly to the Zoning Officer.

[4] The application must include sufficient documentation to demonstrate that the use or structure was lawful under the land use regulations in effect when the use began or the structure was initially constructed. If a use is merely operating without a required license, the use can still be protected by nonconforming use status. Once the burden of establishing the existence of a valid nonconforming use or structure has been met, the issue of whether a nonconforming use or structure has been abandoned must be addressed. The applicant must demonstrate that the use was continuous, not sporadic or occasional. For a structure, the nonconforming structure must have been in continuous existence (i.e., not torn down and rebuilt) and in continuous use.

(b) One exception to the general rule that the burden of proving the existence of a nonconforming use is on the applicant, is in tax cases involving farmland assessment. Where farms are not presently a permitted use, but the applicant asserts a valid, nonconforming use, the burden shifts to the municipality to show that there is not a valid nonconforming use.

(4) Considerations for reviewing applications.

(a) In determining the status of an alleged nonconforming use or structure, the Zoning Officer or Board of Adjustment must trace the nonconforming history of the use or structure back to the zoning ordinance in existence at the time the use in question commenced or the structure was built. Whether the use runs counter to the Master Plan shall be immaterial to the determination. The Zoning Officer or Board must base their determination exclusively on whether the use or structure predated the zoning ordinance or an amendment making it illegal and whether the use or structure was in conformity with zoning in place at its inception.

(b) When an applicant appears before the Board for an application for development, as well as a certificate of nonconformity, the Board of Adjustment's determination that the certificate should be granted shall not be interpreted as giving any validity or approval to the improvements proposed in the application for development.

(c) The Zoning Officer or Board shall consider whether both factors cited below were present when determining whether a nonconforming use or structure was abandoned:

[1] Either an overt act or a failure to act which sufficiently implies that the owner neither claims nor retains any interest in the use or structure in question; and

[2] An intent to abandon.

(d) Use of the subject property for purposes other than the reported nonconforming use would indicate abandonment of the use or structure by the owner, unless it can be shown that such uses were only intended to be temporary.

(e) When a structure has merely remained idle and there has been no significant changes made, or any change which would indicate intent to abandon the nonconforming use, the nonconforming status of the use or structure will still be protected provided the other conditions are met.

§ 145-306 Off-street parking and loading.

[Amended 12-18-2014 by Ord. No. 2014-16]

A. Parking space size. Each off-street parking space shall measure nine feet in width by 18 feet in length. Parking spaces for people with disabilities shall be in accordance with the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7) or the Americans with Disabilities Act, as applicable.

B. Required number of parking spaces: DB Zone.

(1) Single-family homes. The number of parking spaces shall be provided in accordance with the Residential Site Improvement Standards.

(2) Properties with nonresidential and residential uses in the same building. The number of parking spaces shall be provided in accordance with the Residential Site Improvement Standards. No parking shall be required for the nonresidential uses.

[Amended 7-21-2022 by Ord. No. 2022-025; 10-26-2023 by Ord. No. 2023-028]

(a) All of the required parking shall be located on site.

(3) Properties with nonresidential uses only, where the number of employees is less than five during the peak shift: two off-street parking spaces.

(4) Properties with nonresidential uses only, where the number of employees is six or more during the peak shift: to be determined by the Land Use Board. Factors to be considered include type of tenants, total number of employees, tenant operations, etc.

C. Required number of parking spaces: all other zones.

(1) The development plan shall show the total number of off-street parking spaces required for the use or combination of uses proposed. Since a specific use may generate a parking demand different from those enumerated herein, documentation and testimony may be presented to the Board as to the anticipated parking demand. Based upon such documentation and testimony, the Board may:

(a) Allow construction of a lesser number of spaces, provided that adequate provision is made on the site plan for the construction of the required number of spaces in the future; or

(b) In the case of nonresidential uses, require the construction of spaces in excess of those required hereinbelow, to ensure that the actual parking demand will be accommodated off street.

(2) Residential uses.

[Amended 7-21-2022 by Ord. No. 2022-025]

(a) For residential uses, the number of parking spaces shall be provided in accordance with the Residential Site Improvement Standards.

(3) Nonresidential uses.

(a) Assembly halls, dance halls, community buildings: one space per 100 square feet of gross floor area.

(b) Automobile dealers: 10 spaces of customer parking plus one space per employee plus the area required for vehicle display and storage plus four spaces per service bay separate from the bay itself.

(c) Banks: one space per 300 square feet of gross floor area.

[Amended 7-21-2022 by Ord. No. 2022-025]

(d) Carpentry, electrical, masonry, plumbing or painting contractors: one space per 200 square feet of office floor area, plus one space per 500 square feet of storage area.

(e) Churches, auditoriums, theaters: one space for every three seats, or one space for every 24 linear inches of seating space.

(f) Funeral homes: 10 spaces per slumber room.

(g) Garden centers: six spaces per 1,000 square feet of net habitable floor area of buildings, plus five spaces per 1,000 square feet of outside storage, sale or display.

(h) Motor vehicle service stations: one space per maximum number of employees per shift, plus four spaces per service bay separate from the bay itself.

(i) Hospitals, nursing homes, other medical institutions: one space for every two beds.

(j) Lounges/taverns: one space for every two seats.

(k) Medical laboratories: one space per 200 square feet of gross floor area.

(l) Medical offices and clinics: one space per 200 square feet of gross floor area, plus one space for each physician on duty.

(m) Offices, except medical offices: one space per 250 square feet of gross floor area.

(n) Repair or machine shops, except automotive repair: one space per 400 square feet of gross floor area, or one space per employee, whichever is greater.

(o) Restaurants: one space for every three seats, or one space for every 50 square feet of gross floor area, whichever is greater.

(p) Retail stores and service businesses unless otherwise specified: one space per 200 square feet of gross floor area.

(q) Schools: one space per employee for preschools and for grades K-10 and/or 2.5 spaces per employee for grades 11 and 12 plus sufficient space for school bus loading and unloading, and individual student pickup and drop-off, and school bus storage.

(r) Shopping centers: five spaces per 1,000 square feet of gross floor area.

(s) Warehouses: one space per 2,500 square feet of gross floor area.

[Amended 7-21-2022 by Ord. No. 2022-025]

(t) Wholesale building materials, appliance and furniture stores: one space per 1,000 square feet of gross floor area.

[Amended 7-21-2022 by Ord. No. 2022-025]

(u) Woodworking, fabrication, processing and assembly: one space per 500 square feet of gross floor area, or one space per employee, whichever is greater.

(v) Unspecified uses: one space per 250 square feet of gross floor.

(w) Research laboratories: one space per 300 square feet of gross floor area.

[Added 7-21-2022 by Ord. No. 2022-025]

(x) Personal services: one space per 200 square feet of gross floor area.

[Added 7-21-2022 by Ord. No. 2022-025]

(y) Manufacturing establishments: one space per 500 square feet of gross floor area.

[Added 7-21-2022 by Ord. No. 2022-025]

(4) Any building containing more than one use shall meet the combined parking space requirements for all uses in the building.

(5) No change in use within a building shall be permitted unless it can be shown that sufficient parking is available for the new use.

(6) All parking spaces shall be located on the same tract as the use for which the parking is required and shall not thereafter be encroached upon or reduced in any manner. Parking areas shall be designed and constructed in accordance with the specifications and standards of § 145-807 of this chapter and with the requirements of N.J.A.C. 5:23-7 et seq. (the Barrier Free Subcode). Parking areas shall have a setback requirement of 25 feet from a property line or buffer area, if present.

(7) Notwithstanding the provisions of this section, all properties containing structures in the DB Zone that preexist the adoption of this chapter shall be exempt from minimum parking requirements in order to permit redevelopment of the downtown business area.

D. Required number of loading spaces.

(1) Each nonresidential use, except for those located in the DB Zone, shall provide for off-tract loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building which does not face an existing or proposed street. Each loading space shall be at least 15 feet wide by 40 feet long, unless a use is proposed that requires tractor-trailers, then the loading space shall be 15 feet by 60 feet and 15 feet of vertical clearance. A minimum of one space shall be provided for each building. Additional spaces may be necessary and may be required by the Board dependent upon the specific activity. There shall be no loading or unloading from the street.

[Amended 7-21-2022 by Ord. No. 2022-025]

(2) There shall be at least one facility for storage and removal of garbage and recyclable materials provided for each nonresidential building or use which facility shall either be within the building or be located outside the building and separated from the parking spaces. If outdoors, such storage facility shall be situated so as to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by fences, walls, plantings or a combination of all three. If located within the building, the access doorway may serve both the loading and garbage/recycling functions. If located outside the building, the facility may be located adjacent to or within the general loading area(s), provided it in no way interferes with or restricts loading and unloading functions.

[Amended 7-21-2022 by Ord. No. 2022-025]

(3) Loading areas shall be designed and constructed in accordance with the specifications and standards of § 145-307 of this chapter. Loading areas shall have a setback requirement of 25 feet from a property line or buffer area, if present.

§ 145-307 Driveways.

A. Approval required prior to construction. No new driveway or entrance to a private home, business or commercial or industrial use shall be constructed in the Borough of High Bridge without filing an application for a driveway permit for approval by the Zoning Officer for such construction. The Zoning Officer shall forward said application to the Borough Engineer for review and approval. Said application shall be accompanied by an escrow to cover the cost of engineering review.

B. Approval required prior to modification of existing driveway. No existing driveway or entrance to a private home, business or commercial or industrial use shall be modified in any way, including but not limited to paving, change of width, length, elevation or drainage, without filing an application for review and approval by the Zoning Officer. Applicants wishing to repave an existing paved driveway must obtain a driveway permit but do not need to pay a fee, provided no changes to the driveway are made. If the Zoning Officer determines that the application also requires review by the Borough Engineer, the cost of said professional services shall be borne by the applicant through establishment of an escrow of $150.

C. Driveway limitations.

(1) No driveway shall be placed in any yard space in the Borough of High Bridge when such a location is within 40 feet of any street intersection or within 20 feet of another driveway, the distance being determined by measurement from the nearest side line of the driveway to the nearest street parallel to said driveway or to the next driveway which is parallel to the driveway in question.

(2) Any portion of a driveway for a single-family detached residential lot located within 25 feet of the right-of-way line or 50 feet of the center line of the street, whichever is greater, shall not exceed a slope of 5%.

(3) Residential properties shall not have more than one driveway opening onto any single street or public right-of-way. Vehicles cannot be parked in a front yard unless they are parked within an approved driveway.

(4) All new driveways for single-family residential lots with direct access to a street other than a minor street shall have an on-site turnaround to permit vehicular access to the road in a head-on direction.

(5) All driveways shall be a minimum of 10 feet in width and a maximum of 30 feet in width.

(6) Refer also to § 145-312 for requirements concerning construction of a driveway on steep slopes.

D. Sight areas. Sight areas on each side of single-family driveways shall be cleared and graded to provide unimpeded sight of vehicles approaching on the public roadway for a distance of 200 feet in both directions. Sight areas for each side of nonresidential or multifamily residential development shall be in accordance with § 145-803. Sight distance shall be measured from a point on the driveway 15 feet from the street line and from a height of eye at 42 inches on the driveway to a height of object four feet three inches on the street.

E. Construction material. Those portions of driveways constructed or altered within public road rights-of-way or within 25 feet of the center line of the public roadway, whichever is greater, shall be constructed of the following materials:

(1) Base course. Soil aggregate I-5, or equivalent, four inches thoroughly rolled and compacted.

(2) Surface course. Bituminous concrete, Mix I-5, two inches compacted thickness.

(3) Driveways that cross a street curb shall be constructed or reconstructed to provide depression with a two-inch curb height relative to the edge of roadway pavement. The top of the depressed curb shall be sloped down toward the roadway to provide a one-and-one-half-inch curb face.

(4) The total depth of curb shall be maintained across the depression.

(5) Transitions from the depressed curb to the full-faced curb shall be over a maximum length of 18 inches.

(6) Curb shall conform to the standards detailed in § 145-811. Curbing is not required along driveways for single-family residences.

F. Driveways entering streets with sidewalks. Those portions of driveways constructed or altered along a public street with a sidewalk shall be constructed so as to include a concrete apron extending from the curbline to the far edge of the sidewalk. Concrete aprons and other passageways that might be used for vehicular traffic shall be constructed as prescribed in § 145-811.

G. Inspections.

(1) Upon notice to the Zoning Officer of the completion of the construction of the driveway, the Zoning Officer shall request that the Borough Engineer inspect the same and endorse the driveway permit to evidence compliance or noncompliance with the standards specified herein. The construction of the driveway shall not be deemed in accordance with the provisions of this chapter unless and until said permit has been so endorsed. Failure of the Borough Engineer to endorse the driveway permit within 21 days after submission of said permit for endorsement shall be deemed as approval of the Borough.

(2) No certificate of occupancy shall be issued unless all driveways on the lot or site have been completed in accordance with the approved plan. Inspection to assure compliance will be performed by the Borough Engineer or his/her designee.

H. Construction involving drainage facilities. No driveway apron shall extend beyond the curbline onto a road. The proposed driveway shall provide for the free flow of stormwaters across the apron or driveway and shall not be allowed to interfere with the natural or artificial flow of water caused by erection of culverts or other existing diversionary methods or in any way interfere with clear access to existing or proposed manholes.

I. Application forms. The Zoning Officer shall promulgate forms for application of construction of driveways, which shall be filled out by the applicant for construction of a driveway in each case. Refer to § 145-701 of this chapter for applicable fees.

J. Approval of permits. The Borough Zoning Officer shall approve such driveway construction permits with the consent of the Borough Engineer, and no driveway shall be altered or constructed until such time as the provisions of this section have been complied with. If the work authorized by a driveway permit has not been completed within one year of the date of issuance, then the permit shall become null and void.

§ 145-308 Buffer areas and screening.

A. Buffer areas are required along property and street lines of all nonresidential and multifamily residential uses where said property lines or the center lines of the streets are boundary lines for single-family residential uses or zones. The buffer areas shall be designed in accordance with the standards presented in Subsection C below. Minimum required buffer area widths shall be as follows:

[Amended 7-21-2022 by Ord. No. 2022-025]

(1) Multifamily residential uses or developments and mixed-use developments within the DB or MUC Zone: Screening shall consist of a six-foot-tall solid fence or six-foot-tall evergreens spaced appropriately.

(2) Nonresidential uses or developments: In the DB or MUC Zone, screening shall consist of a six-foot-tall solid fence or six-foot-tall evergreens spaced appropriately. In all other zones the buffer shall be a minimum of 15 feet.

B. For uses permitted as conditional uses in the R-1, R-2, R-3 and R-4 Residential Zones, buffer areas shall be designed as specified in Subsection C below.

C. All buffer areas shall comply with the following standards:

(1) The buffer area shall be measured from each property line or from the nearest street line in each case where the street center line serves as a zoning district boundary line.

(2) Buffer areas shall be maintained as approved and kept clean of all debris, rubbish, and invasive, non-native plants.

(3) No structure (except for fences, provided no significant removal of vegetation is necessary), activity, storage of materials or parking of vehicles shall be permitted in any buffer area except that the buffer area may be pierced perpendicularly by one or more access drives from a public street and by one unlighted directional sign for each direction of traffic on each access drive and by permitted signs.

(4) Except as provided in § 145-308D(6) below, each required buffer area as stipulated in § 145-308A, B or E shall include a landscaped screen according to the standards described in § 145-308D. The landscaped screen need only be of sufficient depth to achieve the desired screening. Existing native vegetation within the buffer area should be preserved to the maximum extent possible. The remainder of the buffer should consist of existing vegetation or, where sparse, new landscape plantings may serve to supplement the existing vegetation and should be consistent with the existing vegetative community. The buffer area should include a variety of native species including herbaceous plants, shrubs, understory trees, and canopy trees as appropriate for the vegetative community.

(a) Trees should be three-inch caliper at time of planting. Shrubs should be at least six feet in height.

[Amended 7-21-2022 by Ord. No. 2022-025]

(b) At least three species of native trees shall be used in wooded buffer areas.

(c) In wooded buffer areas, the goal for the canopy coverage should be 75% at maturity but no less than 25 trees per acre.

(5) The preservation of natural wooded areas, rock outcroppings or topographic features as well as historically interesting man-made features such as stone walls or stone rows shall be an integral part of all site plans regardless of their proximity to required buffer areas, and the Board may waive the screening requirement where such features are sufficient to achieve the objectives of this section.

(6) See §§ 145-806 and 145-808 for additional requirements.

(7) All buffer areas must be placed in nonpublic conservation easements that are recorded in the deed for the property on which they are located. No development activity shall be permitted within the buffer areas except as specifically allowed elsewhere in this chapter.

(8) Buffer areas may include critical areas. In such a case, setbacks and yard areas shall be measured from the boundary of the buffer area or critical area, whichever extends further into the lot.

D. The landscaped screen shall comply with the following requirements:

(1) Evergreen and deciduous trees and shrubs of such species and size shall be used as to provide a year-round visual screen of at least four feet in height in the front yard and six feet in height in all other yards. Trees should be two-inch to two-and-one-half-inch caliper at time of planting and all plants used should be native species in New Jersey to the maximum extent possible. At least three species of native trees shall be used.

(2) The screen shall be of such density as to obscure, throughout the course of the year, the glare of automobile headlights emitted from the premises.

(3) Landscaped areas shall be maintained at the expense of the owner. The screen and buffer plantings shall be maintained permanently and any plant material, which does not live, shall be replaced within six months.

(4) The screen planting shall be so placed that at maturity it will be no closer than three feet to any street right-of-way or property line.

(5) A clear sight triangle as required by § 145-803 of this chapter shall be maintained at all street intersections and at all points where private access drives intersect public streets.

(6) The screen planting shall be broken only at points of vehicular and pedestrian ingress and egress.

(7) Screening need not be provided within the buffer area along a street when existing vegetation, including trees, within the buffer is sufficient to achieve the desired level of screening or when both of the following conditions are met:

(a) The front of the building faces the street and no parking is located between the front of the building and the street.

(b) No outdoor activity of any kind or outdoor storage of materials will be visible from the street or from properties across the street.

E. A vegetated buffer area of 25 feet on both sides of minor waterways (defined as a path of surface water runoff with a drainage area of less than 50 acres and without defined bed and banks) and 50 feet on both sides of a watercourse (as defined at N.J.A.C. 7:13-1.2) is required for all new development projects, except on residential developments the required yard area or setback will apply if greater than the buffer area designated herein. If the slope within the buffer area exceeds 15%, then the horizontal width (plan view) of the buffer must be increased by 50%. The Planning Board may, on a case-by-case basis, require supplemental planting with native species to forest the buffer area or otherwise enhance the existing vegetation in order to reduce erosion or shade the stream. Non-native, invasive vegetation should be removed and replaced with native species where warranted. Fences and decks may be allowed in such buffer areas provided no removal of trees greater than four inches diameter at breast height (dbh) is required.[1]

[1] Editor's Note: Former Subsection E, which required a vegetated buffer of 25 feet along all property lines that adjoin railroad tracks, was repealed 7-21-2022 by Ord. No. 2022-025. This ordinance also redesignated former Subsections F through H as Subsections E through G, respectively.

F. On existing developed lots, no additional clearing of existing native vegetation or creation of lawns is permitted within said stream buffers. If an area of lawn exists within the buffer area, then the erection of an aboveground structure less than 350 square feet in size (including a deck); below-ground pool; at-grade tennis court (provided runoff is not discharged directly to the stream); garden; or at-grade, nonpaved parking area less than 200 square feet in size is permitted with the existing lawn area, but in no case may the buffer be reduced to less than 10 feet on a minor waterway or 25 feet on a watercourse except as provided in the floodplain management regulations.

G. Notwithstanding any of the above, all development activities must comply with the buffer areas and restrictions on development in floodplains, setbacks from watercourses, wetlands, and wetland transition areas described in the Flood Hazard Area Control Act (N.J.A.C. 7:13), Freshwater Wetlands Protection Act (N.J.A.C. 7:7A), and Chapter 111[2] of the Code of the Borough of High Bridge.

[2] Editor's Note: See Ch. 186, Flood Damage Prevention.

§ 145-309 Tree removal.

A. The removal, destruction or harvesting of any eight-inch-or-greater-caliper tree is regulated pursuant to Chapter 380, Article II, Tree Protection, of the Code of the Borough of High Bridge.

B. The Zoning Officer may, at the discretion of the Mayor and Council, serve as the Officer in charge of issuing permits for removal of trees pursuant to § 145-309A above.

§ 145-310 Swimming pools.

A. No private residential swimming pool or portable pool shall be constructed or installed on any lot unless the lot contains a residential building. Ornamental pools are not subject to the setback requirements for swimming pools and do not require a zoning permit.

B. A private residential swimming pool is considered an accessory structure, shall be located in a rear or side yard, and shall meet all requirements of § 145-303, Accessory structures, except that: no pool shall be located a distance of less than 15 feet from any lot line; there shall be no minimum distance requirement between the pool and principal structure; a minimum separation of 10 feet shall be maintained between a swimming pool and a septic tank; and a minimum of 20 feet shall be maintained between a swimming pool and a disposal field.

C. A zoning permit is required for all private residential swimming pools. All private residential swimming pools and portable swimming pools greater than 42 inches deep shall comply with the State Uniform Construction Code.

D. No public or private club swimming pool shall be constructed or installed unless approved by the Board as part of a site plan approval. Public or private club swimming pools shall be classified into types in accordance with their particular uses and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.

§ 145-311 Environmental performance standards.

The standards noted below are established for the general purpose of preventing uses which may tend to endanger life or property or create hazards from fire, explosion or radiation or produce objectionable smoke, heat, glare, vibration, odor or noise, whether or not such hazards will or will not be confined to the property from which they originate. All existing uses in the Borough, proposed uses and development applications are subject to these conditions as well as those found in Chapters 78, 119 and 155[1] of the Code of the Borough of High Bridge. All development applications and/or applications for zoning or construction permits for nonresidential uses shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built when the future use is not known, a construction permit may be issued upon the condition that no certificate of occupancy or zoning permit for use shall be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval from the NJDEP. No noxious, offensive, hazardous trade or activity shall be carried on and no building shall be erected or altered which may be, or become by reason of excessive emission of dust, smoke, odors, fumes, gases, noise, industrial or residential wastes or vibration, a nuisance or detrimental or hazardous to the health or safety of residents or workers in the Borough.

A. Electrical and/or electronic devices. All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation," or latest revision. Radiation products, as defined in DHEW Publication No. (FDA) 75-8003, shall be limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation above 100 KHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so that there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multifamily dwellings) as the result of the operation of such equipment.

B. Glare. No use shall produce strong light or reflection of a strong light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining zoning districts, or streets or result in excessive sky glow. Unless required by law, no lighting shall be rotating, pulsating or of other intermittent frequency.

C. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use or process shall be permitted which could cause the temperature to rise or fall in any natural body of water or watercourse.

D. Liquid waste. No liquid waste or by-product of operations shall be discharged into any watercourse unless said discharge meets the water quality standards established by the State of New Jersey for the watercourse. If the applicant proposes to construct facilities for the treatment of waste, he/she shall supply:

(1) Statement by the New Jersey Department of Health that such proposed facilities are in compliance with the applicable state laws and regulations.

(2) Approval by the appropriate state, county or local officials of the installation of such facilities. No liquid waste shall be discharged unless the appropriate officials shall have first investigated the character and volume of such wastes, control of pH, the installation of processing methods, separation or screening of such wastes and other methods of improving such wastes prior to discharge of the improvement to the watercourse expected to receive such wastes.

(3) Liquid wastes shall be tested at the building walls and discharge points of the buildings in question.

E. Odor. Odors due to any nonagricultural and nonresidential uses shall not be discernible at the lot line or beyond.

F. Storage and waste disposal.

(1) No materials or waste shall be deposited on a lot in any form or manner such that they may be transferred off the lot by natural causes or forces, or may contaminate any body of water or watercourse or underground aquifer, or otherwise render such body of water or watercourse or underground aquifer undesirable as a source of water supply or recreation, or may destroy aquatic life. Provision shall be made for all materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents and insects to be stored indoors in appropriate containers to eliminate such hazards.

(2) No open waste material shall be dumped upon or permitted to remain upon any part of the lot outside any building with the exception of compost piles made for private use in landscaping on said lot by the resident of the building. Compost piles shall be kept and maintained according to accepted practices and shall be screened from view from adjacent properties and set back a minimum of five feet from a side or rear property line.

(3) With respect to solid waste, each property owner shall comply with the requirements of Chapter 119[2] of the Code of the Borough of High Bridge.

[2] Editor's Note: See Ch. 325, Solid Waste.

G. Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this chapter and are equipped with baffles to deflect the discharged air away from adjacent properties.

H. Vibration. There shall be no vibration that is discernible to the human sense of feeling beyond the building wall (or dwelling unit in the case of multifamily dwellings).

I. Dust. Dust due to nonagricultural operations shall not be permitted to escape beyond the immediate lot (or dwelling unit in the case of multifamily dwellings). Any area designed for the movement of commercial vehicles or equipment will be paved in accordance with applicable Borough ordinances in order to prevent the generation of dust from the movement of such vehicles or equipment.

J. Radiation. There shall be no activity that emits dangerous or harmful radioactivity. All use of materials, equipment or facilities which may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such act as well as the Radiation Protection Act, L. 1958, N.J.S.A. 26:2D-1 et seq., as amended, and standards promulgated pursuant thereto by the NJDEP, whichever is more stringent.

K. Air, water and environmental pollution. No use shall emit any pollutant into the ground, water or air that exceeds the most stringent applicable federal, state or local statute, regulation or ordinance.

L. Stormwater management; refuse containers/dumpsters.

[Added 5-28-2009 by Ord. No. 2009-15]

(1) Purpose. This subsection requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharging of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system operated by the Borough of High Bridge and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

(2) Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of High Bridge or other public body, and is designed and used for collecting and conveying stormwater.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

REFUSE CONTAINER

Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

(3) Prohibited conduct.

(a) Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.

(b) Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Borough of High Bridge.

(4) Exceptions to prohibition:

(a) Permitted temporary demolition containers.

(b) Litter receptacles (other than dumpsters or other bulk containers).

(c) Individual homeowner trash and recycling containers.

(d) Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.

(e) Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).

(5) Enforcement. This subsection shall be enforced by the Director of Department of Public Works and the Zoning Officer of the Borough of High Bridge.

(6) Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $500.

[1] Editor's Note: See Ch. 325, Solid Waste, and Ch. 244, Noise.

§ 145-312 Restrictions on development in critical areas.

A. The following requirements for development in critical areas shall apply equally to all zoning districts:

(1) Development or construction activity of any nature whatsoever, on any critical area, is prohibited except in floodplains, wetlands and transition areas as may be permitted by regulations of the New Jersey Department of Environmental Protection, on steep slopes as allowed under § 145-312A(2) below or, if necessary, to avoid depriving a landowner of all beneficial use of the entire parcel of land on which the critical areas are located.

(2) In areas with slopes of 15% to 25%, no more than 15% of such areas shall be developed and/or regraded or stripped of vegetation, and a drainage plan shall be submitted indicating that the development, regrading or stripping of vegetation in such areas will not increase runoff from the site over predevelopment conditions. A soil erosion and sediment control plan shall also be required and submitted for approval in accordance with § 145-813.

(3) In areas with slopes of greater than 25%, no development, regrading or stripping of vegetation shall be permitted.

(4) A steep slope analysis showing slope classes 0% to 14.99%, 15% to 25% and greater than 25% shall be delineated on any plans submitted for subdivision, site plan, or permit approval. Portions of land with slopes exceeding 15% but less than four feet in height are not included in the steep slope critical area. The slope classifications shall be calculated utilizing a field-verified, topographic map with two-foot contours. When the adequacy of any interpolated topographic information is in doubt, the Board reserves the right to request additional on-site topographic information which may include, but is not limited to, an on-site topographic survey utilizing a five-foot contour interval, the use of spot elevations to document critical areas, and any other topographic information as deemed appropriate by the Borough Engineer.

B. Note: The required yards in certain zones shall be measured from the boundary of a critical area in accordance with § 145-203.