Article III General Regulations

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.

No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be used to meet such requirements for a use or structure on any other lot, except as specifically provided elsewhere in this chapter.

No land in a residential zone shall be used to fulfill open space, parking or similar requirements for uses in nonresidential zones.

No access shall be allowed through a residential zone to service a use in a nonresidential zone.

Lots fronting on a cul-de-sac. Lots fronting on the bulb or turnaround of a cul-de-sac shall be exempt from the minimum lot frontage requirement for the zone. Such lots shall have a minimum lot frontage of 50 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 Frenchtown.

Prohibited uses.

Any use not designated as a permitted principal, accessory or conditional use is specifically prohibited from any zone in the Borough.

In addition, the following uses are specifically prohibited in all zoning districts of the Borough:

Explosives manufacturing.

Petroleum refining.

Bulk storage of refinery products (except motor fuels in conjunction with an approved gasoline station) and raw material in tanks for resale or distribution for resale.

Chemical industries; all process industries; industries with heavy metal waste; industries failing to meet the environmental performance standards of this chapter, the State of New Jersey or the federal government; facilities or activities involving the use, storage or production of hazardous or flammable products or materials; the storage, warehousing or processing of toxic or hazardous waste; and facilities that require on-site open waste storage facilities.

Junkyards, auto wrecking or disassembly yards.

Retail, wholesale or auction sales of used motor vehicles.

All billboards, sign boards, or advertising devices not expressly related to the business being conducted on the premises.

Aboveground utility pipelines.

Kennels.

Sanitary landfills.

(k)

Fast-food restaurants.

(l)

All classes of cannabis businesses as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.

[Added 8-4-2021 by Ord. No. 867]

All uses shall be conducted within a building or structure unless otherwise specifically permitted herein.

Number of principal dwellings permitted. Unless otherwise specified in this chapter, no more than one principal dwelling shall be permitted on any lot.

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% more than 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 Section 104 of this chapter shall not exceed 60 feet in height.

Parking of commercial vehicles in residential zones. One registered commercial vehicle of a rated capacity not exceeding 1.5 tons on two axles, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged in any residential district, provided that said vehicle must be parked in a side or rear yard area, which area is relatively unexposed to neighboring properties or is screened from neighboring properties by plantings at least five feet in height. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle containing 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 equipment which is temporarily parking on a site during the period of construction.

Parking of trailers and/or campers. Travel trailers, campers, motor homes, horse trailers, boat trailers, ATV and motorcycle trailers may be parked or stored on a lot in a residential zone only in a side or rear yard area, which area is relatively unexposed to neighboring properties. The dimensions of such vehicles and trailers shall not be counted in determining building or impervious surface coverage. Such vehicles and trailers shall not be used for temporary or permanent living quarters while situated on the lot.

Cargo containers and storage trailers. No trailer or vehicle of any type may be used to provide storage for any materials, equipment or goods in any zoning district, and no cargo container or storage trailer shall be placed on any lot in any zoning district, except as specifically provided in Subsection L below.

Temporary residential occupancy of trailers for emergency purposes. Trailers may be used as emergency housing for households displaced by fire, storm, flooding, or other natural disaster during the period of reconstruction of the damaged or destroyed dwelling. The installation of such trailers shall conform to the following requirements:

All required permits and approvals for utility hookups shall be obtained prior to such installation.

The trailer shall only be placed on the lot where the residence made uninhabitable by such disaster is located.

No more than one unit of emergency trailer housing shall be permitted per lot.

The trailer and all evidence of its installation shall be removed from the lot upon the issuance of a temporary certificate of occupancy for the reconstructed dwelling as a condition precedent to the issuance of a permanent certificate of occupancy for the reconstructed dwelling.

No such trailer shall be placed in the required front yard setback area.

Such trailer shall not exceed 900 square feet in floor area.

This section shall not be construed to permit the occupancy of trailers for other than residential purposes, except as provided in Subsection L below, nor shall this section be construed to prohibit the use of a manufactured home as a single-family dwelling in conformity with N.J.S.A. 40:55D-100 et seq. and the Affordable Housing Act of 1983 (L. 1983, c. 386), provided such manufactured home is not less than 22 feet wide, is located on land to which the title is held in fee by the owner of the manufactured home and is located on a permanent foundation as defined at N.J.S.A. 40:55D-102h.

Temporary occupancy of trailers as construction and sales offices. Temporary occupancy of trailers as construction or sales offices shall be permitted, subject to compliance with the following:

Temporary construction trailers. Temporary construction trailers shall be permitted at construction sites in all zoning districts for construction management and for storage of equipment and supplies during active construction activities. The installation of such trailers shall conform to the following requirements:

No trailer shall be installed at a construction site prior to the issuance of the first construction permit for the project.

All construction trailers shall be removed from the construction site prior to the issuance of the last permanent certificate of occupancy for the project.

Such trailers shall be removed from the construction site whenever active construction activity ceases for a period of more than 60 days.

No such trailer shall be located within 25 feet of any lot line or street line. Such trailers shall be screened from public view by fencing and/or landscaping.

A maximum of three temporary construction trailers shall be permitted per construction site.

Temporary sales office trailers. Trailers may be used as temporary sales offices for the marketing of dwelling units or lots in a residential development which will contain 10 or more lots or dwelling units if located on the tract containing such dwelling units or lots. Such trailers shall conform to the following requirements:

No such trailer shall be installed prior to the filing of the final subdivision plat or the completion of all conditions of final approval of a site plan, as applicable.

No such trailer shall be located within 25 feet of any lot line or street line. Such trailers shall be landscaped along the foundation of the trailer.

All required permits and approvals for utility hookups shall be obtained prior to such installation.

Such trailers shall be removed from the site as soon as either a certificate of occupancy has been issued for a model dwelling unit or 75% of the total number of housing units in the development have been sold or leased.

Nothing herein shall be construed to permit the use or occupancy of trailers for any other purposes except as specifically provided herein and in Subsection K above.

Outdoor storage and storage tanks.

Outdoor storage of raw materials or products incidental to a permitted principal use in the R-5 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 25 feet from any property line which is also a residential district boundary line and 10 feet from any property line abutting a nonresidential use or nonresidential zoned property.

Outdoor display of merchandise and decorations is permitted as a conditional use in the R-4A, R-4B and R-4C Zones in accordance with the regulations set forth in § 50-309I and shall not be deemed to be outdoor storage.

Fuel storage tanks for household fuels used to provide the primary source of heat in the building(s) on the premises shall be prohibited in any yard, unless buried below the surface of the ground, except that in the R-2, R-4A, R-4B and R-4C Zones, a household fuel storage tank or combination of tanks sized to contain 500 gallons or less, and in the R-1 Zone, a household fuel storage tank or combination of tanks sized to contain 1,000 gallons or less, may be located in a side or rear yard, provided such household fuel storage tank(s) are fully screened from view from adjacent properties and the street by landscaping, fencing, walls or a combination thereof and further provided that no such aboveground household fuel storage tank shall be placed closer to a side or rear lot line that 20 feet.

Public utility lines and related structures.

Public utility lines for the transportation, 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 § 50-708A 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. 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.

Electrical and other public utility substations and pumping stations shall be permitted above ground in all zones on land with sufficient area appropriate for the facility or service to be provided.

Temporary uses.

Fairs, carnivals, circuses, bazaars and farmers markets sponsored by nonprofit organizations shall be permitted as temporary activities only for a period of no more than 15 days (provided; however, that farmers markets may be permitted 25 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.

[Amended 6-5-2013 by Ord. No. 727]

The annual sale of Christmas trees is permitted in the R-1, R-4A, R-4B, R-4C and R-5 Districts between Thanksgiving Day and December 25, inclusive. All trees not sold shall be removed and the premises cleared no later than January 1.

Yard sales or garage sales are permitted on any individual lot developed with a single- or two-family residence, provided that such sales shall not be held on more than two consecutive weekends nor more often than four times per year on any lot.

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.

Temporary outdoor dining.

[Added 7-1-2020 by Ord. No. 852; amended 3-2-2022 by Ord. No. 873; 6-1-2022 by Ord. No. 887]

Purpose. The purpose of this subsection is to permit outdoor dining on private property and sidewalks adjacent to local food establishments, clubs, lodges, and/or fraternal organizations for the enjoyment of patrons without disturbing the immediate neighborhood or pedestrian traffic during the time that Governor Murphy's executive orders relative to the COVID-19 pandemic remain in effect. It is intended to permit the tasteful, aesthetic use of tables and chairs on adjacent property and sidewalks under the direction and review of the Zoning Officer.

Applicability. This subsection applies to all bakeries, coffee shops, delicatessens, gourmet food shops, restaurants, tasting rooms, coffees shops, restaurants, clubs, lodges, and fraternal organizations.

Permitted installations. Outdoor tables, chairs and umbrellas shall be permitted on a solid surface on the property owned or rented by the food establishment, club, lodge, and/or fraternal organization, on the sidewalk immediately adjacent to the food establishment, or on the sidewalk in front of neighboring businesses, provided:

If the applicant proposes to place tables, chairs and/or umbrellas on property they rent, they will need written approval of the property owner. If the applicant proposes to place tables, chairs and/or umbrellas on the sidewalk in front of neighboring businesses, they will need written approval of the neighboring property owner.

If the applicant proposes to place tables, chairs and/or umbrellas within a privately owned parking area, there must be a clear delineation and separation between the parking and the dining area to protect the patrons.

With a privately owned parking area, a tent may be installed; however, the Zoning Officer may need to consult with the Fire Official regarding said tent.

The layout of the tables, chairs and/or umbrellas do not in any way interfere with pedestrian safety or with necessary access for firefighting. A minimum four-foot-wide clearance shall be maintained on sidewalks for pedestrians.

The layout shall not cause irreparable damage to existing landscaping.

Unless approved in advance by the Division of Alcohol and Beverage Control with respect to a licensed premises, no alcoholic beverages of any kind shall be served or consumed in conjunction with the outdoor dining. With respect to a nonlicensed premises, patrons of an unlicensed restaurant may be permitted by the ownership of the restaurant to bring only wine and beer for consumption at such outdoor tables.

[7]

The highest standards of cleanliness and proper social distancing shall be maintained at all times, including frequent litter removal. A plan for litter removal and trash handling shall be submitted with the application. At least one waste receptacle shall be provided.

[8]

The hours of outdoor dining shall be between 7:00 a.m. and 10:00 p.m. All tables, chairs and/or umbrellas shall be properly secured by 10:15 p.m.

[9]

Outdoor music shall be permitted, provided that no more than three musicians or performers are allowed at one time, on an individual basis, and shall conclude by 10:00 p.m.

[10]

No outside lighting shall be permitted except small individual table lighting that is self-powered.

[11]

Outdoor dining shall not be permitted if it will interfere in any way with the peace and quiet of nearby residences, as determined by the Zoning Officer.

[12]

No outside cooking of any kind shall be permitted.

[13]

Outdoor dining shall be conducted in a manner consistent with Executive Order No. 150 or its successor, which includes table spacing, number of chairs, etc.

[14]

Tables, chairs and/or umbrellas are not permitted on the street or in on-street parallel parking spaces.

[15]

Temporary outdoor dining areas are solely an extension of the permitted business use within the immediately adjacent buildings or storefronts.

[16]

As this is a temporary use, there is no parking requirement associated with the temporary outdoor dining.

Approval of temporary outdoor dining by Zoning Officer. Any food establishment, club, lodge, and/or fraternal organization for which this subsection is applicable must make application to the Zoning Officer by way of a zoning permit prior to setting up any outside dining area. The zoning permit application shall be accompanied by the following, which can be prepared by the applicant without the need for licensed professionals:

Scaled layout of tables, chairs and/or umbrellas showing dimensions of tables and the overall dining area;

If an applicant seeks to utilizing a private parking lot, detailed information on the method to delineate and separate the outdoor dining from the parking area;

If an applicant seeks to install a tent in a privately owned parking lot, detailed information on the location of the tent, dimensions, materials, and method of anchoring said tent;

A narrative of relevant information, describing the proposed hours of outdoor dining, proper social distancing, and method of litter control and trash handling for outdoor dining including size of receptacle and frequency of disposal;

Photographs or diagrams of tables, chairs and/or umbrellas to be used;

A narrative as to how tables, chairs and/or umbrellas will be secured overnight;

[7]

Proof of insurance in accordance with the requirements of Subsection O(5)(e) below;

[8]

Written consent of the landlord in the event the applicant is a tenant of such establishment or written consent of the property owner if the applicant intends to use neighboring adjacent sidewalk space; and

[9]

Detailed information on proposed outdoor music, including dates and times.

Insurance requirement. Any applicant must have liability insurance in effect at the time of the zoning permit application. The Borough of Frenchtown must be named as an additional insured on a primary and noncontributory basis on the policy if the outdoor dining is within the Borough right-of-way or on Borough property. The limits of liability required are a minimum of $1,000,000 combined single limit bodily injury and property damage or a split limit of $500,000 bodily injury liability and $100,000 property damage liability. Workers' compensation and non-owned auto shall be included on the certificate. If the sidewalk in front of the neighboring business will be utilized, the neighboring property owner must be named as an additional insured on the policy. Furthermore, an indemnification agreement shall be submitted holding the Borough harmless.

Duration. The temporary outdoor merchandise display permit shall be valid until December 31, 2022. However, if there are still state-mandated limitations on indoor retail after three months, the Mayor and Council may, by ordinance, extend temporary outdoor merchandise display permits for an additional specified time period.

[Added 7-1-2020 by Ord. No. 852; amended 12-2-2020 by Ord. No. 857; 3-5-2021 by Ord. No. 865; 3-2-2022 by Ord. No. 873; 6-1-2022 by Ord. No. 887]

Miscellaneous provisions.

It is solely the responsibility of the operator of the food establishment to obtain Board of Health approval, if necessary, from the County Department of Health.

There shall be no Borough fees for temporary outdoor dining areas.

If any provision of this section is violated, the Zoning Officer shall have the power to rescind the temporary outdoor dining permit.

Temporary outdoor display of merchandise.

[Added 7-1-2020 by Ord. No. 852]

Purpose. The purpose of this subsection is to permit outdoor display of merchandise on private property and sidewalks adjacent to retail establishments without disturbing the immediate neighborhood or pedestrian traffic during the time that Governor Murphy's executive orders relative to the COVID-19 pandemic remain in effect. It is intended to permit the tasteful, aesthetic use of displays on adjacent property and sidewalks under the direction and review of the Zoning Officer.

Applicability. This subsection applies to all retail establishments.

Permitted installations. Display tables, stands, cases, racks, and the like shall be permitted on a solid surface on the property owned or rented by the retailer, on the sidewalk immediately adjacent to the retail establishment, or on the sidewalk in front of neighboring businesses, provided:

If the applicant proposes to place display tables, stands, cases, racks, and the like on property they rent, they will need written approval of the property owner. If the applicant proposes to place display tables, stands, cases, racks, and the like on the sidewalk in front of neighboring businesses, they will need written approval of the neighboring property owner.

The layout of the display tables, stands, cases, racks, and the like do not in any way interfere with pedestrian safety or with necessary access for firefighting. A minimum four-foot-wide clearance shall be maintained on sidewalks for pedestrians.

The layout shall not cause irreparable damage to existing landscaping.

The highest standards of cleanliness and proper social distancing shall be maintained at all times.

The hours of outdoor merchandise display shall be between 7:00 a.m. and 10:00 p.m. All display tables, stands, cases, racks, and the like shall be properly secured by 10:15 p.m. or moved inside.

Outdoor merchandise display shall not be permitted if it will interfere in any way with the peace and quiet of nearby residences, as determined by the Zoning Officer.

[7]

Display tables, stands, cases, racks, and the like are not permitted on the street or in on-street parallel parking spaces.

[8]

Temporary outdoor merchandise display areas are solely an extension of the permitted business use within the immediately adjacent buildings or storefronts.

[9]

As this is a temporary use, there is no parking requirement associated with the temporary outdoor merchandise display.

Approval of temporary outdoor merchandise display by Zoning Officer. Any retail establishment for which this subsection is applicable must make application to the Zoning Officer by way of a zoning permit prior to setting up any outside merchandise display area. The zoning permit application shall be accompanied by the following, which can be prepared by the applicant without the need for licensed professionals:

Scaled layout of display tables, stands, cases, racks, and the like showing dimensions of the overall display area;

A narrative of relevant information, describing the proposed hours of outdoor merchandise display, and proper social distancing;

Photographs or diagrams of display tables, stands, cases, racks, and the like to be used;

A narrative as to how display tables, stands, cases, racks, and the like will be secured overnight;

Proof of insurance in accordance with the requirements of Subsection O(6)(e) below; and

Insurance requirement. Any applicant must have liability insurance in effect at the time of the zoning permit application. The Borough of Frenchtown must be named as an additional insured on a primary and noncontributory basis on the policy if the outdoor merchandise display is within the Borough right-of-way or on Borough property. The limits of liability required are a minimum of $1,000,000 combined single limit bodily injury and property damage or a split limit of $500,000 bodily injury liability and $100,000 property damage liability. Workers' compensation and nonowned auto shall be included on the certificate. If the sidewalk in front of the neighboring business will be utilized, the neighboring property owner must be named as an additional insured on the policy. Furthermore, an indemnification agreement shall be submitted holding the Borough harmless.

Duration. The temporary outdoor dining permit shall be valid December 31, 2022. However, if there are still state-mandated limitations on indoor dining after three months, the Mayor and Council may, by ordinance, extend temporary outdoor dining permits for an additional specified time period.

[Added 7-1-2020 by Ord. No. 852; amended 12-2-2020 by Ord. No. 857; 3-5-2021 by Ord. No. 865; 3-2-2022 by Ord. No. 873; 6-1-2022 by Ord. No. 887]

Miscellaneous provisions.

There shall be no Borough fees for temporary outdoor merchandise display areas.

If any provision of this subsection is violated, the Zoning Officer shall have the power to rescind the temporary outdoor merchandise display permit.

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 of five acres with the following exceptions:

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

A maximum of two horses may be kept on a residential lot of three acres or more plus one horse for each additional acre.

The raising of livestock as a student, 4-H or similarly sponsored project is permitted on properties of three acres or more.

Dumpsters and recycling containers. Dumpsters (except as required during construction) or recycling containers and other installations, whether permanent or temporary, shall not be placed out-of-doors on any lot containing other than a single- or two-family dwelling except as authorized by an approved site plan. On any lot, regardless of its use, all refuse containers, including dumpsters and garbage and recycling bins and cans, shall be placed or screened with fences, walls or landscaping so as not to be visible from a public street or from any other property.

Satellite dish and television antennas. Satellite dish and television antennas may be erected on any lot which contains a dwelling and shall conform to the following requirements:

To the greatest extent feasible, consistent with the unimpeded reception of broadcasts, such antennas are to be located in a rear yard or mounted on the rear slope of the roof or rear facade of the principal building.

A freestanding satellite dish or television antenna that is not mounted on a principal building shall conform to the setback requirements for accessory use and structures in the zoning district in which it is located.

The Zoning Officer shall have the power to waive the enforcement of the above requirements upon certification from a qualified installer that conformance with these requirements will materially limit the reception of broadcasts from communications satellites.

The satellite dish or television antenna shall be placed, colored and, to the extent possible, screened to minimize its visibility to neighbors.

A satellite dish or television antenna shall serve only the dwelling(s) on the lot where it is located. No structure shall have more than one satellite dish or television antenna mounted on it.

Wires and cables shall be properly installed underground in accordance with the Uniform Construction Code.

Temporary wheelchair ramps for ADA access. The Zoning Officer may, upon application by a property owner, authorize the installation of a temporary wheelchair ramp within a required building setback in compliance with the following criteria:

[Added 5-2-2018 by Ord. No. 804]

The applicant has submitted a letter from a licensed physician specifying that the wheelchair ramp is necessary to accommodate the accessibility needs of a resident of the property.

The wheelchair ramp shall be designed so as to encroach into the required setback the minimum distance feasible.

The wheelchair ramp shall not encroach into any recorded easement or into the public right-of-way.

The wheelchair ramp shall be designed and constructed in accordance with the applicable provisions of the Americans with Disabilities Act (ADA).

The encroachment into the required setback shall be removed when the individual requiring the wheelchair ramp no longer resides on the property or the wheelchair ramp is no longer required by any other resident of the property.

Removal of the encroachment shall occur within 60 days of the wheelchair ramp no longer being required by any resident of the property.

Upon a request by the Zoning Officer to confirm that the temporary wheelchair ramp is still necessary to accommodate the accessibility needs of a resident of the property, the property owner shall, within 30 days, either: (a) produce a new letter from a licensed physician confirming that the temporary wheelchair ramp continues to be necessary; or (b) remove all encroaching portions of the temporary wheelchair ramp. This request is authorized to be made by the Zoning Officer no more frequently than annually beginning with the anniversary date of the approval of the initial installation.

§ 50-302 Signs and graphics.

[Ord. No. 564, 9-6-2000; amended 6-5-2019 by Ord. No. 834; 11-1-2023 by Ord. No. 912; 7-2-2025 by Ord. No. 936; 3-4-2026 by Ord. No. 952]

General Provisions. No signs or graphics 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. No billboards shall be erected or replaced. No signs or graphics shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. The erection of any sign or graphic shall require a sign permit unless specifically exempted herein.

Conformance with Construction Code. All signs and graphics shall conform to the requirements of the New Jersey Uniform Construction Code.

All signs shall, in addition to complying to this section, comply with all appropriate county, state and federal regulations. Should any county, state, or federal regulations be applicable, said regulations shall apply in lieu of this section to the extent that such regulations are more restrictive.

Maintenance. All street graphics (including official signs), together with all their supports, braces, hooks, guys, and anchors, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. 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. The area surrounding ground signs shall be landscaped and shall be kept clean and neat. The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.

Obstruction of Doors, Windows, or Fire Escapes. No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window, or fire escape. No signs, other than warning signs, shall be attached to a fire escape or standpipe.

Obstruction of Architectural Features. No sign shall be erected, relocated or maintained in such a manner as to cover or intrude upon any architectural features of a building such as windows, columns, moldings, railings or any major decorative or structural feature, with the exception of window signs as permitted under § 50-302D(3).

Graphics not to Constitute Traffic Hazards. In order to secure and maintain reasonable traffic safety, no sign shall be erected or maintained in such a manner as to obstruct free and clear vision or distract the attention of the driver of any vehicle by reason of the position, shape, color, reflection, illumination, etc., thereof.

Lighting of Signs During Nonbusiness Hours. No sign of any kind shall be illuminated during any period when the premises are not open to the public or otherwise not open for business, unless the Planning Board determines that an illuminated sign is necessary for the protection of the property from theft or vandalism.

Obstruction of Sidewalks. In no event shall any signs, including temporary signs obstruct any sidewalk or other pedestrian thoroughfare, and shall provide a minimum three feet clearance at all times.

All signs in the R-4A and R-4B Zones must be constructed of wood or wood-like materials, and signs outside of the R-4A and R-4B Zones must use wood or wood-like materials to the extent practicable.

Colors of all signs must adhere to a historical palate (such as Benjamin Moore's 'Historical Collection').

Prohibited Signs. Unless otherwise regulated herein, no sign shall be constructed, reconstructed, erected, or maintained which:

Bears or contains statements, words or pictures of an obscene, indecent or immoral character, which will offend public morals or decency;

Purports to be, or is an imitation of, or resembles an official traffic sign or signal, or which bears the words "STOP," "GO SLOW," "CAUTION," "DANGER," "WARNING" or similar words other than those contained in the name of the business;

By reason of its size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control device; or which hides from view any traffic or street sign or signal;

Advertises or publicizes an activity, business, product or service not conducted on the premises upon which such sign or graphics is maintained, unless specifically permitted in section § 50-302I(8);

Is in any way animated, inflated, flashes, strobes, or emits smoke, visible vapors, particles, sound or odor;

Is located in a public right-of-way or approved sight easement (if the sign is taller than 30 inches) except signs owned and operated by a duly constituted governmental agency;

Consists of banners, posters, pennants, ribbons, streamers, strings of light bulbs (except seasonal decorations and miniature lights, not to exceed 3.5 volts, inside buildings but visible to the outside) and spinners, unless such items are approved as part of a total street graphics package or gained through the issuance of a special permit as outlined in § 50-302I, with the exception of "open" flags which must conform with § 50-302I(1);

Is portable — fixed on a movable stand, self-supporting without being firmly embedded in the ground, supported by other objects, mounted on wheels or a movable vehicle, or made easily movable in any other manner — except as specifically provided at § 50-302D(2) and § 50-302I(8);

Is located (painted, affixed, etc.) on a water tower, storage tank, smokestack, utility pole, or other similar structure;

Is located (painted, stapled, affixed, etc.) on trees, rocks or other natural features except for approved "no hunting" signs;

Is placed on the roof of a building or structure;

Directs the public to subdivisions, buildings, activities, or the like unless erected by a public officer in the performance of his or her duties or approved by the Planning Board through the issuance of a special permit per § 50-302I; or

Is located on a sidewalk (sidewalk showcases and kiosks are not permitted), unless specifically permitted in section § 50-3021(8).

Procedures.

Permits. No person shall erect, re-erect, construct, alter, move, place, maintain or locate any signs without approval from the Zoning Officer.

Planning Applications. Applications for sign permits may be obtained from the Clerk or Administrative Officer.

Fees. The fee for a sign permit is $50. Payment shall be collected by the Clerk or Administrative Officer.

Requirements for plans. An application for a sign permit shall be made on forms provided by the Borough.

Liability for Damages. The provisions of this section shall not be construed to relieve or to limit in any way the responsibility or liability of any person, firm or corporation which erects or owns any sign from personal injury or property damage caused by the sign; nor shall the provisions of this section be construed to impose upon the municipality, its officers, or its employees any responsibility or liability by reason of the approval of any sign under the provisions of this section.

Nonconforming Signs. An otherwise lawful nonconforming sign that existed on September 6, 1988, may be continued and, except as provided in Subsection C(7), below, restored if it is damaged.

Removal of Damaged Signs. Any street graphic damaged, destroyed or deteriorated in any manner whatsoever to the extent of more than 50% of its replacement value, shall be demolished or reconstructed in accordance with the provisions of this section and thereafter used only in such a manner as to conform with all of the provisions of this section.

Abandoned or Obsolete Signs. Any person (corporation, etc.) who owns a sign shall remove said sign within 30 days after the business, person, corporation, etc., advertised by the sign no longer occupies or is no longer conducted in or upon the premises.

Illegal Signs. Any sign erected or maintained in violation of this section shall be removed by the owner within 10 days after receipt of written notification from the Zoning Officer. A property owner who fails to remove such graphic after notice shall be subject to penalty as provided in § 50-806.

Permitted Types of Signs.

Awnings and Canopies. Canvas awnings and canopies are permitted for all uses and activities in all zones. Any lettering that is three inches in height or less on an awning or canopy shall not be considered a sign. Awnings and canopies may extend to within one foot of the vertical plane formed by the curb so long as they are not supported by any structure that intrudes on the sidewalk.

Portable Signs. Portable signs shall be permitted without a sign permit at establishments selling food in the R-4A, R-4B and R-4C Districts only, provided that: there shall be not more than one portable sign per business establishment; no such sign shall be located so as to interfere with the safe flow of pedestrian and/or vehicular traffic; no such sign shall have more than four square feet of sign area per side; all such signs shall be located outside of the street right-of-way; and all signs shall be removed at the close of business each day.

Window Signs.

Window signs are permitted in the R-4A, R-4B, and R-4C Zones and for activities and uses on upper floors in the R-5 Zone. A window sign is defined as any sign used for advertising or product identification, for promoting services or sales, or for general information, which is affixed to the window of the premises in which such sign is displayed.

All window signs, whether temporary or permanent, shall not exceed 50% of the total window area.

Temporary window signs are permitted but are limited to no more than 25% of the window area to which the sign is affixed or displayed. Temporary window signs are exempt from fees and permits, provided they are affixed or displayed for less than 30 days.

Off-premises cultural event posters are exempt from fees and permits and are excluded from the total allowable area for window signs.

In place of a permitted wall sign, each business may elect to erect a permanent, window, business name identification sign limited to 20% of the window area. Other permanent window signs must be accessory to the business conducted on the premises and may not exceed a total of 25% of the window area exclusive of the business name identification sign. Permanent window signs shall be subject to approval by the Zoning Officer.

Ground Signs. One ground sign shall be permitted on each lot in the R-4A, R-4B, R-4C and R-5 Zones, provided:

The lot is accessible by automobile and has off-street parking on the premises; or

The facade of the closest building or structure on the lot is set back at least 35 feet from the street line.

The ground sign shall not be located closer than the following distances to any street line or state park boundary:

Area of Sign	Minimum Distance (feet)
Less than 25 square feet	10
26 to 75 square feet	15
76 or more square feet	20

Ground signs are also subject to the following additional limitations:

A ground sign may be displayed only on a street or state park frontage of 100 feet or more.

A lot may have either a ground sign or a projecting sign, but not both, on any street or state park frontage.

The height of a ground sign shall be five feet or less, measured from the grade at the edge of the street or state park line.

Measurement of Sign Area. The area of the ground sign shall be measured around the outside edges of the framed or enclosed sign, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the sign itself. Signs with two exposures shall be measured for area by using the surface of one side of the sign only, even though both sides may be used.

Wall Signs. Any use or activity in the R-4A, R-4B, R-4C and R-5 Zones may display a wall sign, which may be attached flat to or pinned away from the wall and which may not project from the wall by more than 18 inches.

The Table of Design Elements[1] indicates the percentage of the "signable area" of a building which may be used for wall signs. "Signable area" of the building means an area of the facade of the building up to the roof line which is free of windows and doors or major architectural details. The determination of the "signable area" shall be made by choosing one such area on the building facade which is below the height limits for wall signs established in Subsection D(5)(c)[1] below and by then calculating the number of square feet that are enclosed by an imaginary rectangle or square enclosing such area.

Editor's Note: The Table of Design Elements is included as an attachment to this chapter.

In calculating the area of a wall sign relative to the signable area of a building, the following provisions shall apply:

If the sign is enclosed by a box or outline, the total area of the sign, including the background, is counted as the sign area.

If the sign consists of individual letters, only the area enclosed by the outside edges of the lettered area shall be counted as the sign area.

The following additional requirements shall apply to wall signs:

Height: not to exceed 2/3 of the distance between the top of a first floor window and the sill of the window above, or major architectural details related thereto; or, where there is no window above, no higher than 2/3 of the distance between the top of the first floor windows and the height of the eaves of the roof, or, where there is a business use on the second floor, no higher than the top of the second floor windows.

The width of the sign shall not exceed the width of the building or portion thereof occupied by the use or activity. No sign shall extend beyond the outer edges of the roof (eaves).

If individual lettering or a box graphic is placed between windows, the height of the lettering or box may not exceed 2/3 of the height of the windows.

A sign may not cover or interrupt any major architectural features.

Projecting Signs. One projecting sign is permitted per each street or state park frontage of any use or activity in the R-4A, R-4B, R-4C and R-5 Districts, except that wherever a ground sign is provided, a projecting sign shall not be permitted on the same street or state park frontage, including the building corner.

The following additional regulations shall apply to projecting graphics:

Height - no higher than the sills of the second floor windows, except: where there are no second floor windows, no higher than four feet above the tops of the first floor windows or no higher than the height of the eaves of the roof, whichever is less; and where there is a business use on the second floor, no higher than the tops of the second floor windows.

Minimum clearance above sidewalk: eight feet.

Minimum clearance from wall: none.

Sign may project up to three feet over the sidewalk or 1/4 of the width of the sidewalk, whichever is less.

Projecting signs must project from a wall at a 90° angle except at buildings that occupy street corners. In such cases, a projecting sign may project diagonally from the building corner.

No projecting sign may be displayed unless the building to which it is attached is 20 feet or more in width.

No projecting sign may be allowed to swing or move in any manner.

Special Situations.

Nonconforming Uses. If a use is nonconforming or a use variance is granted to allow a use to be located in a zone where it is not otherwise permitted, the signage requirements of the zone in which the use would be permitted shall apply, unless a different or more restrictive signage requirement is imposed by the Board as a condition of approval of the use.

Buildings in Joint Occupancy or Multiple Use. When a building is occupied by a single occupant who conducts more than one activity within the building or by different occupants who conduct one or more activities, the following additional regulations shall apply:

The allocation of the permitted sign area, lengths and number of signs shall be in proportion to the area of the building devoted to each use or activity.

All signs shall be harmonious with the site and coordinated with one another.

Each upstairs use or activity may post a sign at the stairway entrance as well as in a window of the space occupied by the activity (in accordance with the regulations for window signs).

All of the signs at each stair entrance must be of uniform width.

Nonilluminated name plates and building directories relating only to the use or occupancy of the building to which attached may be permitted as part of the building construction or attached as a wall graphic, provided such name plate or building directory does not exceed 16 square feet in area and the lettering on such name plate or building directory does not exceed three inches in height. The name plate or directory shall not be counted as part of the allowable sign area but shall be in place of any individual name plate signs.

Advertising at Rear Entrances. Buildings with parking beside or behind the structure may have wall signs on the facade of the structure facing the parking area. Wall signs on this surface shall not be calculated as part of the wall signage permitted on other facades of the building; provided, however, that the following requirements shall be met:

Maximum sign height above ground: sills of second floor windows or 15 feet, whichever is less.

Lengths of signs shall be proportionate to the space occupied by each use or activity.

Area of all signs shall not exceed 1/2 the area of the signs permitted on the front of the building.

Multiple Frontages. If a building has frontage on or access to two or more streets and/or a state park boundary, each side of the building is to be separately considered for purposes of determining the permitted number and sizes of wall or window signs. Area allowances for signs may be used only on the side of the building from which they are calculated. Signs on one facade of a building shall be coordinated in design with signs on other facades of the same building.

On-Premises Directional Signs. All such signs shall be on premises and shall be used for directional purposes only, subject to the following requirements:

Area of sign: two square feet maximum (or larger only if determined to be necessary by the Planning Board).

Height at top of sign: no greater than three feet.

Minimum clearance above the ground for a nine-foot-high sign: seven feet.

No advertising shall be included on such signs.

Such signs shall be exclusively for directing on-premises pedestrian or vehicular movements such as "entrance," "rest rooms," "exits," "office" and the like.

Illumination of Signs.

Interior illumination of signs, whether diffusely lighted or otherwise, is not permitted. All signs which are permitted to be illuminated may be illuminated indirectly from the exterior, provided that the source of illumination is shielded from the view of vehicular and pedestrian traffic and further provided that halogen lights shall not be used for the illumination of any signs or buildings. For the purpose of this section, the following definitions shall apply:

Indirect Lighting. The use of fluorescent, vapor light, neon, LED, or incandescent lighting, set apart from, but directed towards, the surface of the sign or graphic.

Interior Lighting. The use of fluorescent, vapor light, neon, LED, or incandescent lighting to illuminate a sign from behind the lettering or from inside the sign structure.

The following types of illumination are permitted:

Colored Light. White is the only color of light which is permitted in all zones except R-4A, R-4B, and R-4C.

Indirect exterior illumination in which the source of the light is not directly visible.

Spotlight illumination, provided that the spotlight is positioned downward so that no light will shine into a residence, onto an adjoining property or into the eyes of motorists or pedestrians and does not exceed 50 watts (incandescent) or 750 lumens.

Bare bulb illumination is permitted in the R-4A, R-4B and R-4C Zones.

Flame as a source of light is permitted for eating and drinking places, bed-and-breakfast inns, and for hotels in the R-4A, R-4B and R-4C Zones.

In no case shall the illumination of a sign cause, directly or indirectly, glare or sky glow on streets, adjacent properties or any residences on-site, nor shall the total intensity of all sign lighting on a site exceed 100 watts (incandescent) or 1,600 lumens.

No lighting to exceed 3,000 Kelvin (K) color temperature.

Items of Information.

Each use or activity is entitled to display up to two signs, together containing a total of up to 10 items of information, on each street frontage. The total number together of items on all signs combined may not exceed 10. However, if the name of the proprietor occupying the building and its premises contains more than 10 items of information, the name may be displayed once on each street frontage on any allowable sign, provided no other sign is displayed on the building or its premises on that street frontage.

An "item of information" means any of the following: a syllable of a word; an abbreviation; a number, including a telephone number containing up to 10 digits; a symbol; a geometric shape; an e-mail or com address containing up to 10 digits (letters or numbers). In addition, graphics combining several different geometric or nongeometrical shapes or shapes of unusual configuration are to be assessed as one additional item for each noncontinuous plane.

In computing items of information, the following lettering is not to be included:

Lettering or numerals less than three inches in height, if contained in a wall sign, on an awning or canopy or on a postal box.

Letters less than 19 inches in height carved into or securely attached in such a way that they form an architectural detail of a building, provided:

They are not illuminated apart from the building, are not made of a reflecting material, and do not contrast sharply in color with the building.

They do not exceed one inch in thickness.

They have no frame or artificial background.

Provided the items of information allowance authorized herein is not exceeded, signs may be displayed as ground, wall or projecting signs, within the limitations and restrictions set forth in this section.

Areas and uses Requiring Special Controls.

Shopping centers, industrial parks, planned residential developments, planned unit developments, multi-tenanted structures and multistructured uses, because of their complexity, require that all signs within the development be coordinated with and enhance each other and not detract from the overall unified appearance of the development.

Each such development requiring more than one sign shall submit a graphics plan to the Planning Board for approval. Said graphics plan shall include details as to lettering style, lighting, color, construction and materials, height of signs, height above grade or below roof and window lines, locations and specifications.

The graphics plan shall be based on an integrated design theme to include all of the elements set forth above. These elements shall be of harmonious and consistent design in keeping with the architecture and materials of the principal structures as well as the landscaping plan for the site.

The Planning Board shall determine if a proposed graphics plan meets the goals and objectives of this section.

The Planning Board may authorize an additional ground sign not exceeding 16 feet in height and 44 square feet in area but otherwise conforming to the requirements for such signs in the applicable zone if the property contains over five acres and has frontage on more than one public street.

Signs for Special Uses.

Gasoline Stations. Notwithstanding any of the foregoing provisions for signs in nonresidential districts, gasoline stations selling motor fuels may display any or all of the following signs and only the following signs:

One freestanding sign advertising the name of the station, the principal products sold on the premises, including any special company or brand name, insignia or emblem and prices of key products, provided that each such sign shall not exceed 20 square feet in area; such sign shall be erected not less than five feet from any street or property line; and the top of the sign shall be not more than eight feet above grade.

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 per each pump.

One building wall sign meeting the requirements of Subsection D(5) and identifying the name, insignia or emblem of the company or brand sold on the premises or any co-vendor sharing the premises.

Signs for repair garages not also selling motor fuels shall be regulated in the same manner as other commercial enterprises within the zoning district and not by this subsection.

Schools. Notwithstanding any of the foregoing provisions for signs, schools in the R-7 Zone may erect no more than two ground signs subject to the following provisions:

The maximum size of any ground sign shall be 10 feet tall and eight feet wide.

Ground signs may be externally illuminated.

Ground signs shall be erected at least 10 feet from any property line and outside of all sight triangles.

Ground signs are prohibited from displaying a commercial message.

A maximum of one ground sign may exceed the limitation on items of information described in § 50-302F(1).

Special Permit Signs and Graphics. Signs which either do not lend themselves to the ordinary processes of measurement or which, because of their nature, require special controls, may be permitted only when the Planning Board finds such signs and/or graphics to be in conformance with the intent of this chapter and appropriate to the type of development or structure to which they are related. Such signs, where permitted, shall be in addition to the signage otherwise allowed.

Pennants and Banners.

Minimum clearance above sidewalk: eight feet.

Height of banner: no higher than sills of second floor windows or, in the case of no second floor windows, no higher than the eaves of the roof.

Angle of staff shall be between 90° and 60° of vertical. Horizontal angle from wall shall be 90°.

Banners shall swing clear of wall under normal conditions.

Banners shall project no more than three feet over the sidewalk or 1/4 the width of the sidewalk, whichever is less. Minimum width of banner: two feet.

If more than one banner is erected by a use or activity, banners must be uniform and spaced at no more than one banner per 25 feet of street frontage.

Streamers and wind-operated propellers are prohibited.

Government flags are exempted from the above regulations.

Supergraphics. Designs, symbols, or historic logos may be painted on a wall of a commercial building, provided:

Such supergraphic shall not cover windows or significant architectural features but may extend the entire height of the vertical face of the building.

Advertising within such supergraphics is prohibited.

Supergraphics shall be subject to design review by the Planning Board and shall be approved only if such supergraphics will create an aesthetic design which is consistent with and/or enhances the historic and architectural character of the building itself and of the Borough as a whole.

An applicant proposing to create a supergraphic shall present the Planning Board with the express written permission of the owner of the structure at the time application is made.

Graphics Incorporated into the Architecture of Buildings. Letters, symbols, shapes or words incorporated into any portion of a building and which can be recognized as such may be permitted, subject to design review by the Planning Board, if the Board finds such graphics to be consistent with and to enhance the historic and architectural character of the building itself and the Borough as a whole.

Landscape Graphics. Signs and graphics created through the use of plants, rocks, ground forms, etc., shall be subject to design review by the Planning Board. The Board shall determine if the proposal meets the goals and objectives of this chapter. The Planning Board may also impose requirements to ensure the health and maintenance of plant materials that may be a part of such graphic displays.

Reader Boards and Attraction Boards for Community Announcements. A sign which has interchangeable letters or moveable characters intended for temporary messages may be permitted, subject to Planning Board approval, provided:

The purpose of such sign is only for nonprofit advertising of community services or events or messages of general importance within the community.

A sign with interchangeable letters (attraction board) may also be permitted on a theater marquee to advertise the film(s) or performances currently being shown, subject to approval by the Planning Board of the lettering type and size. All such lettering shall be black on a white background.

Organization Sign Plaza. Organizations (civic, service, religious, etc.) wishing to announce the time, date, location, etc., of meetings or functions or wishing to greet the general public may do so only as part of an approved organization sign plaza. Such a plaza shall consist of one sign which lists the organizations or upon which standard symbols for the organizations are placed. The sign shall be landscaped and may be lighted. Organization sign plazas may be placed at or near the entrances to the Borough or in other public places. The location, design, landscaping, and lighting of the plaza shall be approved by the Planning Board.

Temporary Emergency Signs. Temporary off-premises directional signs which direct the public to subdivisions, buildings, businesses, special activities or the like may be erected only with the approval of the Zoning Officer.

The size, location, period of display and necessity for the sign shall be evaluated. Public safety and traffic flow management shall be the primary reasons for granting such a permit.

Such signs may be illuminated only if such illumination is determined to be necessary by the Zoning Officer and subject to the approval of the method of illumination.

Temporary off-premises directional signs serving a public purpose shall be regulated by Subsection I(10)(f).

Portable signs - directory sandwich boards.

In Downtown R-4A and R-4B Districts, portable sandwich board signs may be placed at corner locations. Such signs shall serve as a directory of businesses on the block and shall not include any advertising or information other than businesses names.

Directory sandwich board signage shall not count against the permitted signage for the property in front of which it is located, including portable signs as permitted in § 50-302D(2). Sandwich boards may be two sided and shall not exceed two feet wide by three feet high, and six square feet of total area per side.

Directory sandwich boards shall be made of a wood or wood-like material, and shall not have more than three colors including the background color.

No directory sandwich boards sign shall be located so as to interfere with the safe flow of pedestrian and/or vehicular traffic, and shall provide a minimum three feet clearance at all times.

Directory sandwich boards shall be brought indoors at night or during inclement weather.

Directory ground signs.

In areas with nonresidential uses, ground signs providing a directory of approved businesses on the block which the sign is located may be placed at corner locations along Harrison and Milford Streets with the express written approval of the property owner.

A maximum of one directory ground sign may be located on Harrison Street and Milford Street per numbered cross-street.

Directory ground signs shall include the numbered cross-street name at the top. Additional content shall be limited to businesses names. Advertising is prohibited.

Directory ground signs shall not count against the permitted signage for the property on which it is located.

Signs may be two sided and shall not exceed three feet wide by six feet high, and 18 square feet of total area per side. The area of the ground sign shall be measured around the outside edges of the framed or enclosed sign, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the sign itself. Signs with two exposures shall be measured for area by using the surface of one side of the sign only, even though both sides may be used.

Directory ground signs shall be a minimum distance of 10 feet from any street line, and shall not obstruct sight triangles.

Signs may be illuminated in accordance with § 50-302E.

Other Temporary Signs. Except as noted, the following temporary signs shall not require sign permits, provided they comply with the following stated regulations:

Construction of project signs shall not exceed 32 square feet in area and eight feet in height. Such signs are not to be illuminated. There may be one sign for each street frontage. Such signs shall be removed upon completion of the project, defined as the date of the last legal closing in a residential subdivision or the date the first certificate of occupancy is issued in any other case.

Real Estate/Room and Board Signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof, if not attached to the building, shall be on the subject property and off the curb and sidewalk. Such signs shall not exceed four square feet on residential lots and eight square feet on nonresidential lots. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised.

Miscellaneous on-site Temporary Signs. Included are signs for yard, garage sales, open houses and grand openings. Such signs shall be on premises only, shall not exceed eight square feet in area, and shall be displayed only three days prior to the date(s) of the event, on the date(s) of the event and one day after the event. In no case shall such signs remain in place for more than two weeks. Such signs may not be placed within a public right-of-way, shall not be placed on utility poles, natural features, etc. Only one such sign shall be placed on the property on which the activity or use in question takes place. Off-premises signs of this type are prohibited except as regulated by Subsection I(7).

Temporary Window Signs. Such signs shall be governed by Subsection D(3).

Temporary Off-Premises Public Purpose Directional Signs. Directional signs for community events, church functions, family reunions and the like may be erected off premises and shall not require Planning Board approval or the issuance of a sign permit, provided the locations and sizes of such signs shall be approved by the Frenchtown Police Department, and such signs shall be both installed and removed within 24 hours of the event.

Temporary On-Site Nonprofit Organization or Public Purpose Event Signs. Temporary signs advertising a specific event sponsored by a bona fide nonprofit organization 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 12 square feet in area and five feet in height. Such signs may be displayed for a period not to exceed two weeks and shall be removed within 24 hours after the event. Such signs shall not require a sign permit, but the back of each sign shall be clearly marked with the name, address and telephone number of the person erecting and empowered to remove the sign.

Exempt Signs. The following signs shall also not require a sign permit, provided they comply with all provisions of Subsection A herein and further provided that each meets the following stated additional requirements:

Signs of a public, noncommercial nature, including safety signs, danger signs, no-trespassing signs, signs indicating scenic or historical points of interest, and any other official sign, provided it is erected by a public officer in the performance of a public duty.

Signs permitted in Subsection I(8) above.

Historic or Memorial Sign or Tablet. Nonilluminated historic or memorial sign or tablet, not exceeding two square feet in surface area, which indicates the name of a building and/or date of its erection and which is either part of the building construction or is attached as a wall sign.

Nameplate (Residential). A nonilluminated or shielded, indirectly illuminated (not to exceed 75 watts [incandescent] or 1100 lumens) nameplate, not exceeding two square feet in surface area, shall be permitted for a residence or for a home occupation, but only one such sign shall be permitted per dwelling.

Seasonal Decorations. Seasonal decorations shall be permitted for display purposes on public or private property, provided such decorations are safely maintained. When on public property, approval of the Borough Council shall be required.

Grave markers.

Temporary off-premises public purpose directional signs, subject to the provisions of Subsection I(8)(f).

Mailbox names and numerals.

Government flags.

§ 50-303 Accessory buildings and structures.

Temporary off-premises cultural event posters within windows of buildings in the R-4A, R-4B and R-4C Zones.

(k)

Portable signs at establishments selling food in the R-4A, R-4B and R-4C Districts only, subject to the provisions of Subsection D(2) and I(8).

(l)

Wall mounted or on-site free-standing menu boards for restaurants providing that all lettering is 3" or less, any wall mounted menu board does not obstruct any architectural features and is equal to or less than 2.25 square feet, and any free standing menu board does not obstruct sidewalks or other pedestrian rights of way (providing a minimum three feet walkway clearance), and is only in place when the business is open.

[Ord. No. 564, 9-6-2000]

Accessory buildings as part of principal buildings. Any accessory building 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.

Accessory buildings and 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.

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.

Height of accessory buildings and structures. The height of accessory buildings shall not exceed 15 feet except:

This limitation shall not apply to any farm structures (see § 50-301G); and

The height of an accessory structure may be the same as permitted for a principal structure in the zone if the accessory structure meets all of the minimum required setbacks for the principal structure.

This limitation shall not apply to roof -mounted solar panels.

[Added 12-28-2022 by Ord. No. 897]

Location. An accessory building or structure may not be erected closer to the street right-of-way than the front wall of the principal building and shall be set back from side and rear lot lines the distances specified in § 50-203, Partial schedule of area, yard and building requirements, and in applicable sections of Article IV, except for the following:

Storage sheds measuring 100 square feet or less in size and located in an R-1 or R-2 Residential Zone may be set back a minimum of three feet from a side or rear lot line;

If erected on a corner lot, the accessory building or structure shall be set back from the side street the same distance as required for the principal building; and

No poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 100 feet to any property line.

Percentage of rear yard and total lot area to be occupied. The following table presents, for the R-1 and R-2 Residential Zones, the maximum percentage of the rear yard area of the lot and the total area of the lot in square feet which may be covered by accessory structures, including storage sheds of all sizes, regardless of whether said accessory structures are located in the rear or side yards of the lot:

Zone	Maximum Percentage Rear Yard	Maximum Area on Lot (square feet)
R-1	10%	750
R-2	20%	500

Number of accessory structures. Not more than two accessory structures shall be located on any lot other than a lot containing a farm.

Dwellings in accessory structures. Unless otherwise specified in this chapter, no dwelling or portion of a dwelling shall be located in an accessory structure.

Roof-mounted solar panels shall be a permitted accessory use in all zones.

[Added 12-28-2022 by Ord. No. 897]

§ 50-304 Fences and walls.

[Ord. No. 564, 9-6-2000]

No fence or wall 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.

No fence or wall hereafter erected or reconstructed in any R-4A, R-4B, R-4C or R-5 Zone shall exceed a height of six feet except as otherwise provided herein.

An open wire fence may be erected to a height of up to 12 feet, provided it is restricted to a chain-link material, within a public park, public playground or public school property, around a commercial or public recreational use or around any tennis court, where such fence is for the sole purpose of containing implements or missiles associated with the conduct of recreational activities.

No fence erected in a front yard shall be of a chain link or vinyl material except as specifically provided in Subsection C above. Fences over two feet in height erected in a front yard shall be of at least 50% open construction.

In an R-5 Zone, a fence of up to eight feet in height, or higher if required by Subsection J, may be constructed around any outdoor storage area established pursuant to § 50-301M.

Nothing herein shall be construed to restrict any of the following:

The erection of suitable windbreaks for the winter protection of trees, shrubs, and other vegetation;

The erection of protective fences around permitted public utility uses in excess of the height limitations specified herein;

The erection of a retaining wall erected as part of an approved site plan; and

§ 50-305 Nonconforming buildings, structures, uses and lots.

Agricultural fences in the R-1 Zone.

Every fence four feet or higher shall require a zoning permit, except those set forth in Subsection F above.

In any zone, walls and fences erected shall be maintained in a safe, sound, upright and aesthetically pleasing condition and shall be subject to inspection by the Zoning Officer and/or Construction Official, who shall order the repair or replacement of any wall or fence that is not being maintained in accordance with the requirements of this subsection.

The finished side of any fence or wall shall face outward, away from the lot on which it is erected. All fences and walls shall be erected within the property lines and as otherwise regulated in this chapter.

No fence shall be erected of barbed wire or topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons except in conjunction with agricultural uses in the R-1 Zone and except that fences erected in or around utility or industrial uses may be topped with barbed wire if deemed necessary for security purposes by the Board, provided the fence, exclusive of the barbed wire, is a minimum of eight feet but no more than 12 feet in height and is located in accordance with all other applicable requirements in this chapter.

Nothing in this chapter shall be construed to prevent the use of plant materials along any lot line in addition to the fence requirement, but plant materials may not be substituted for a fence where a fence is required.

A wall or fence which restricts the natural flow of drainage or causes stagnant water conditions shall not be permitted. The owner of any such wall or fence may be ordered to remove or modify the wall or fence to correct the drainage problem by the Zoning Officer, Borough Engineer or Construction Official.

At the intersection of two or more streets no wall, fence, hedge or other structure shall be erected to a height in excess of 30 inches above curb level, nor shall any other obstruction to vision be permitted within the triangular area formed by the intersecting street lines at points which are 25 feet distant from the point of intersection, measured along said street lines.

Swimming pool fences shall be regulated as set forth in § 50-712.

[Ord. No. 564, 9-6-2000]

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.

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.

A lot on which a nonconforming building, structure or use is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.

A nonconforming use of a building, structure or land shall be presumed to have been terminated if such use has been vacated or abandoned for a continuous period of one year or longer unless the owner can demonstrate that, for reasons outside of the owner's control, said use was interrupted without an intention to abandon the use. Thereafter, the use of such building, structure or land shall be in conformity with this chapter.

Any nonconforming building or structure which has been partially destroyed or damaged may be repaired or rebuilt, provided said nonconforming building or structure does not exceed the height, floor area and volume of the original building or structure and further provided that a construction permit for the reconstruction work shall be obtained within one year of the date the original building or structure was damaged and shall be carried out without interruption. Except as specifically provided herein for the R-2, R-4A, R-4B and R-4C Zones, any nonconforming building or structure which has been destroyed by more than 75% or to a point where it has been declared structurally unsafe shall be rebuilt in accordance with the requirements of this chapter. Except as specifically provided herein for the R-2, R-4A, R-4B and R-4C Zones, any nonconforming, partially destroyed or damaged building or structure for which a construction permit for the reconstruction work is obtained more than one year after the date of damage shall be rebuilt in accordance with the requirements of this chapter. In the R-2, R-4A, R-4B and R-4C Zones, any nonconforming principal building which has been damaged or destroyed to any extent may and is hereby encouraged to be rebuilt at any time thereafter to its previous height, floor area and volume, subject to site plan review for all but one- and two-family dwellings, provided the reconstruction reproduces as closely as possible the original building, including but not limited to its architectural style, exterior finish materials and trim features.

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.

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.

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.

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not said lots were approved as part of a subdivision or acquired by separate conveyance or other operation of law, and one or more of said lots does not conform with the minimum lot area and/or dimensional requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot; provided, however, that this provision shall not apply in the case of contiguous lots where each contains a principal building.

Land dedicated or conveyed to Borough.

[Amended 6-1-2011 by Ord. No. 698]

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Borough 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 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.

§ 50-306 Required off-street parking and loading.

Where there has been a dispute regarding the location/ownership of the right-of-way, and the resolution of said dispute has resulted in the dedication of the disputed area to the Borough and the Borough's acceptance of such dedication, the conveyance of such area shall not be deemed to have reduced the lot area or dimensions of the affected lot; or to reduce the lot area available to calculate the affected lot's compliance with other requirements of the chapter; or to reduce the number of parking spaces attributable to the affected lot (if applicable).

Any existing lot in a residential zone which contains a residential building, which lot does not meet the minimum lot area or dimensional requirements for the zone in which it is located or which building violates one or more yard requirements, may be permitted additions or alterations to the principal or accessory building or construction of a new accessory building without the requirement to seek variance relief, provided that the use of the lot conforms fully to the requirements of this chapter; that the maximum building and impervious surface coverage limits for the zone in which the lot is located are not exceeded; and that no additional violation(s) or extension or enlargement of any existing violation(s) are proposed, such as, but not limited to, yards, building height and parking.

[Ord. No. 564, 9-6-2000; amended 6-5-2019 by Ord. No. 834; 6-7-2023 by Ord. No. 902]

Measurement of parking and loading spaces.

A parking space shall be a minimum of nine feet in width, measured perpendicular to the axis of the length, and 18 feet in length, measured perpendicular to the axis of the width, exclusive of any area used as a driveway or access drive, except as provided for parking for residential uses in Subsection B(2)(c) below, and exclusive of any fire lane or public right-of-way.

Required parking spaces for persons with disabilities shall be measured in accordance with the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7)[1] or the Americans with Disabilities Act, as applicable.

Editor's Note: See Ch. 12, Building and Housing.

A parking space shall not occupy any loading space or any area required for access to a loading space or to another parking space except as specifically provided for parking for residential uses in Subsection B(2)(c) below.

Each loading space shall be of sufficient size to contain a rectangle at least 15 feet in width by 40 feet in length.

Required number of parking spaces.

The site 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:

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.

Parking for residential uses.

Parking for all types of residential uses, including residential apartments in commercial buildings in the R-4A, R-4B and R-4C Zones, shall be as specified in N.J.A.C. 5:21-4.14 of the Residential Site Improvement Standards.

In the R-2 Zone, the parking requirements specified in N.J.A.C. 5:21-4.14 shall apply only to new construction on vacant lots and conversions of single-family dwellings to two-family dwellings, provided that, where any subdivision or additional development is proposed on a lot containing existing dwelling(s), the number of parking spaces shall not be reduced below the number required to meet the standards of N.J.A.C. 5:21-4.14.

For the purposes of compliance with residential parking requirements only, a one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided the driveway measures a minimum of 20 feet in width and a minimum of 18 feet in length between the face of the garage door and the right-of-way.

For residential developments containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible to persons with disabilities, accessible parking spaces shall also be provided in accordance with the requirements of the Barrier Free Subcode and shall be counted toward meeting the required number of parking spaces.

Overnight parking shall be prohibited on front lawns in all residential zones.

Parking for nonresidential uses. Outside of the R-4A and R-4B Zones:

Artisan food and beverage production	1 space per 500 square feet of gross floor area for production areas plus 1 space per 300 square feet of gross floor area for on-site sales and consumption areas
Assembly halls, dance halls, community buildings	1 space per 100 square feet of gross floor area
Banks	5 spaces for each teller window; plus
	1 space per employee; plus
	10 queuing spaces for each drive-up window or drive-up ATM situated so that no vehicle will obstruct or interfere with any entrance or exit to the property
Carpentry, electrical, masonry, plumbing or painting contractors	1 space per 200 square feet of office floor area; plus
	1 space per 500 square feet of storage area
Churches, auditoriums, theaters	1 space for every 3 seats; or
	1 space for every 24 linear inches of pew space
Funeral homes	10 spaces per slumber room
Garden centers	6 spaces per 1,000 square feet of building floor area; plus
	5 spaces per 1,000 square feet of outside storage, sale or display area
Gasoline stations/repair garages	1 space per maximum number of employees per shift; plus
	4 spaces per service bay which shall be in addition to and separate from the bay itself; or
	2 additional spaces, where no service bays exist
Hospitals, nursing homes, other medical institutions	1 space for every 2 beds
Lounges/taverns	1 space for every 2 seats
Medical laboratories	1 space per 200 square feet of gross floor area
Medical offices and clinics (including home occupations)	1 space per 200 square feet of gross floor area; plus
	1 space for each physician on duty
Offices other than medical offices (including home occupations)	4 spaces per 1,000 square feet of gross floor area
Research laboratories	1 space per 500 square feet of gross floor area
Repair or machine shops except automotive repair	1 space per 400 square feet of gross floor area; or
	1 space per employee, whichever is greater
Restaurants	1 space for every 3 seats; or
	1 space for every 50 square feet of gross floor area, whichever is greater
Retail stores and service businesses unless otherwise specified for a particular use	1 space per 200 square feet of gross floor area
Schools, preschools and freestanding child-care centers	1 space per employee for preschools and freestanding child-care centers 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 for individual student pickup and dropoff and school bus or van storage, if applicable; plus
	2 spaces for each 5 students in preschools or freestanding child-care centers for temporary parent parking
Shopping centers	5 spaces per 1,000 square feet of gross floor area
Warehouses	1 space per 1,000 square feet of gross floor area
Wholesale building materials, appliance and furniture stores	1 space per 300 square feet of gross floor area
Woodworking, fabrication, processing and assembly	1 space per 500 square feet of gross floor area; or
	1 space per employee, whichever is greater
Unspecified uses	1 space per 250 square feet of gross floor area

Parking for nonresidential uses in the R-4A and R-4B Zone:

Due to the smaller parcel sizes and availability of on-street parking, nonresidential uses within the R-4A and R-4B Zone are not required to provide any off-street parking.

Any building containing more than one use shall meet the combined parking space requirement for all uses in the building, unless in the R-4A and R-4B Zone.

No change in use within a building shall be permitted unless it can be shown that sufficient parking is available for the new use(s), unless it involves a change to a nonresidential use in the R-4A or R-4B zone.

All parking spaces shall be located on the same lot as the use for which the parking is required except as otherwise provided herein and shall not thereafter be encroached upon or reduced in any manner.

No parking shall be permitted in designated fire lanes, sidewalks, lawns, buffer areas or turning areas. A parking space shall not be an extension of any street right-of-way. No parking shall be permitted in a front yard.

Parking for persons with disability shall be provided as required by the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7)[2] or the Americans with Disabilities Act, as applicable. Such parking for persons with disabilities shall be counted toward meeting the required number of parking spaces.

Editor's Note: See Ch. 12, Building and Housing.

Parking areas shall be designed and constructed in accordance with the specifications and standards of § 50-706 of this chapter and, for residential uses, in accordance with N.J.A.C. 5:21-4.16 of the Residential Site Improvement Standards.

Required number of loading spaces.

Each nonresidential use located outside of the R-4A and R-4B Zone shall provide for off-street 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. Loading spaces are not required in the R-4A and R-4B Zone due to the small parcel sizes and historic character of the downtown.

Where required, a minimum of one space shall be provided for each building. Additionally, spaces may be necessary and may be required by the Board depending upon the specific activity.

There shall be at least one facility for storage and removal of garbage and recyclable materials provided for each nonresidential building, 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 consist of steel or steel-like, totally enclosed containers situated so as to be obscured from view from parking areas, streets and any residential uses or residential zones 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 regular loading and unloading functions.

§ 50-308 Environmental performance standards.

Loading areas shall be designed and constructed in accordance with the specifications and standards of § 50-706 of this chapter.

§ 50-307 Required buffer areas.

[Ord. No. 564, 9-6-2000]

Buffer areas are required along any side or rear property line of a nonresidential use abutting a residential use or zone and along any side or rear property line in an R-3 zone abutting another residential zone. However, nonresidential uses in the R-4A and R-4B Zones are excluded from this requirement unless they abut a single-family home. In this instance, a six-foot-tall solid fence shall be installed to shield the single-family home.

[Amended 6-5-2019 by Ord. No. 834]

The minimum required buffer area width shall be 10 feet, unless a greater buffer area width is specified elsewhere in this chapter.

The width of the required buffer area shall be measured perpendicular to the property line along which a buffer area is required.

Buffer areas shall be maintained in accordance with the approved site plan and kept clean of all debris, rubbish, weeds and tall grass.

No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area except for permitted signs.

Buffer areas shall be required to be planted with a landscaped screen meeting the requirements of § 50-707.

[Ord. No. 564, 9-6-2000]

All uses in all zoning districts in the Borough of Frenchtown shall comply with the environmental performance standards enumerated herein. In addition, development applications and/or applications for zoning permits or construction permits for the nonresidential uses permitted in the R-5 Zone shall provide documentation that the intended use will comply with these environmental performance standards. In the case of a structure being built in the R-5 Zone where the future use is not known, a construction permit may be issued upon the condition that no certificate of occupancy 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 by the NJDEP. Uses lawfully predating the adoption of this Land Use Ordinance that are operating in accordance with accepted business practices may continue to operate in the same manner as they have been and shall not be prosecuted by the Borough in the event of noncompliance with the ventilation, vibration, odor, noise or heat provisions of this section, provided the off-premises impacts of the operation are not increased, intensified or exacerbated by the operation of the use after the date of the adoption of this Land Use Ordinance, and further provided that any change in the operation of the use shall be accompanied by reasonable efforts to comply with the provisions of this section and to ameliorate any continuing noncompliance.

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." 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 lying between 100 KHz and 10 GHz 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.

Glare. No use shall produce strong light or reflection of a strong light or glare beyond its lot lines. Exterior lighting shall be filtered, shielded, buffered and directed as necessary so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining zoning districts, or streets. Unless required by law, no lighting shall be rotating, pulsating or of other intermittent frequency. The exterior use of halogen lighting is specifically prohibited in all zoning districts in the Borough of Frenchtown, unless such halogen lighting is filtered through tinted gels to reduce brightness and glare.

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 body of water or watercourse.

Noise. Noise levels produced by any use or activity shall not exceed the standards of the New Jersey Noise Control Act of 1971, as amended and supplemented,[1] and all applicable regulations of the NJDEP.

Editor's Note: See N.J.S.A. 13:1G-1 et seq.

Odor. Odors produced by any nonagricultural nonresidential uses shall not be discernible at the lot line or beyond.

Storage and waste disposal and recycling. 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. With respect to solid waste, each property owner in the Borough shall:

Assume full responsibility for adequate and regular collection and removal of all refuse and recyclable materials, except to the extent such services are provided by the Borough, in which case, the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.

Comply with all applicable ordinances of the Borough of Frenchtown and regulations of the NJDEP and Hunterdon County concerning the recycling of solid waste materials and the disposal of refuse.

Permit no accumulation on the property of any solid waste, junk or refuse or recyclable materials.

Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse Disposal, Public Health Council of the New Jersey Department of Health; the New Jersey Statewide Mandatory Source Separation and Recycling Act,[2] as amended and supplemented; and N.J.S.A. 40:55D-28b(12).

Editor's Note: See N.J.S.A. 13:1E-99.11 to 13:1E-99.32.

Comply with the provisions of §§ 50-301Q and 50-706A(2) and 50-707C.

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.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot or beyond the confines of the space occupied by the particular use in the case of a lot having multiple uses or multiple occupants.

Dust. Dust due to nonagricultural operations shall not be permitted to escape beyond the immediate lot or beyond the space occupied by the particular use in the case of a lot having multiple uses or multiple occupants.

Radiation. No use shall produce levels of radiation in excess of the levels established by the Radiation Protection Act, L.1958, c.116 (N.J.S.A. 26:2D-1 et seq.) and standards promulgated pursuant thereto by the NJDEP.

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.

Nuisance. No use shall produce any nuisance, source of injury or sickness, foul or noxious waters, gases or vapors which may be hazardous or injurious to the public health, safety and welfare.

Purpose. The standards noted above are established for the purpose of preventing uses or activities which may or may tend to endanger life or property or create hazards from fire, explosion or radiation or produce objectionable smoke, heat, glare, vibration or noise, whether or not such hazards will be confined to the property which is the subject of a development application.

§ 50-309 Conditional uses.

[Ord. No. 564, 9-6-2000]

Before a construction permit or certificate of occupancy shall be issued for any conditional use permitted by this chapter, application shall be made to the Board. The review by the Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter. Specific conditions applicable to permitted conditional uses are as follows:

Gasoline station/repair garage.

The minimum lot area required for a gasoline station/repair garage shall be 15,000 square feet, and the minimum lot frontage shall be 150 feet.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building.

Gasoline filling pumps and air pumps shall be no closer than 25 feet to a street line or any side or rear lot line.

A canopy may be provided over the gasoline filling pumps, provided said canopy shall extend no closer to the street line than 15 feet.

All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be stored or displayed anywhere outside of an enclosed building.

No junked motor vehicle(s) or part(s) thereof shall be permitted on the premises of any gasoline station/repair garage. Moreover, no more than six motor vehicles shall be parked overnight outside of a building at any gasoline station/repair garage, and no vehicle shall be permitted to remain on the premises for longer than 14 days. Vehicles shall only be permitted to remain on the premises overnight if the owners of said vehicles are awaiting their repair.

No body repair or painting of vehicles shall be permitted as part of a gasoline station/repair garage.

Landscaping shall be provided on the site equal to at least 20% of the lot area, and such landscaping shall be reasonably distributed throughout the property, including the front yard.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a gasoline station/repair garage.

Parking spaces for customer vehicles awaiting repair and for employees shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas.

Signage requirements for gasoline stations/repair garages selling motor fuels shall be as set forth at § 50-302H. Gasoline stations/repair garages not involving the sale of motor fuels shall comply with the signage requirements for all other uses in the zone.

Parking requirements for gasoline stations/repair garages shall be as set forth in § 50-306.

Car wash facilities may be provided as an accessory use to the sale of motor fuels, subject to the following requirements:

Where a drive-in or drive-through car wash facility is provided, a stacking lane sufficient for six vehicles shall be provided at the entrance to the facility together with an adjacent bypass lane.

Vacuum cleaner equipment in conjunction with a car wash facility shall not be located on any side of a building that faces a residence.

A drying cycle or hand drying of vehicles shall be provided as a mandatory component of the car wash service, and heated pads and drainage grates shall be placed at or near each exit from an automatic car wash facility to reduce the potential for icing on the site and on public streets.

No part of the areas required herein for stacking and bypass lanes in connection with a car wash facility or for exiting from the car wash facility to the street shall be blocked or used for any other purpose, except that a bypass lane may accommodate other through traffic on the lot.

Water conservation and water-recycling methods shall be utilized such that at least 80% of the water used in the washing of a vehicle is recycled.

All discharge of water used in the washing of vehicles shall be to the sanitary sewerage system and not into any storm sewer.

(14)

All of the other area, yard, and general requirements for the zone and all other applicable requirements of this chapter shall be met.

(15)

The various component activities of the gasoline station/repair garage shall be arranged on the lot in a safe and legible manner to minimize the potential for conflicting vehicular or vehicular and pedestrian movements. Any accessory activity or additional use which is proposed with or in addition to a gasoline station/repair garage that cannot be safely accommodated on the lot due to other activities, either proposed or existing, shall not be approved.

Freestanding child-care centers and preschools.

Where a child-care center is provided on the same lot as one or more other nonresidential uses in a nonresidential zone and is owned by or operated for the benefit of the employees of the business establishment(s) located thereon, it shall be treated as an accessory use, regardless of whether the child-care center is located in part of the principal building or in an accessory building. The accessory child-care center use shall be permitted as-of-right under such circumstances, and conditional use approval shall not be required. Furthermore, the area occupied by the accessory child-care center use shall not be included in the computation of the gross floor area for the purpose of determining both the applicable floor area ratio and the number of parking spaces required per square foot of building floor area. However, sufficient parking shall be provided on the site to accommodate the employees of the child-care center, and a dropoff area shall be provided which shall be sufficient to accommodate the temporary parking of vehicles while children are being picked up and delivered.

Where a child-care center or preschool is provided as the sole and principal use of any lot, the following requirements shall apply:

All child-care centers and preschools shall be located on the first floor of a building and may be extended to the second floor of a building; basements and cellars shall only be used for ancillary storage of equipment and materials.

All outdoor play areas shall be located immediately adjacent to an entrance to the building and shall be adequately fenced, walled or hedged for protection from the hazards of roads and driveways and to shield the view of the play equipment therein.

The hours of operation shall be limited to those between 6:00 a.m. and 7:30 p.m.

Parking shall be provided in accordance with § 50-306 of this chapter. Dropoff and pickup areas shall not be located in a public right-of-way.

Locations of access driveways, landscaping, signage and the general site plan design shall be compatible with the neighborhood in which the preschool or child-care center is to be located, and the preschool or child-care center shall be appropriately situated in relation to the uses or area it is intended to serve.

The following area and yard requirements shall apply:

Minimum Requirements for Principal Building
Lot area	15,000 square feet¹
Lot frontage	100 feet²
Lot width	100 feet²
Lot depth	125 feet²
Side yards	15 feet each, 50 feet both²
Front yard	as required for the applicable zone
Rear yard	50 feet²

¹	Unless a larger minimum lot area is generally applicable for the zone in which the property lies, in which case, the larger minimum lot area shall apply.
²	Unless a greater minimum dimension is generally applicable for the zone in which the property lies, in which case, the greater minimum dimension shall apply.

Accessory buildings, if provided, shall comply with the requirements for the applicable zone.

The maximum floor area ratio, lot coverage and impervious surface coverage shall comply with such requirements for the applicable zone in the R-4A, R-4B, R-4C and R-5 Zones and shall be as follows in the R-1 and R-2 Zones:

Maximum floor area ratio: 0.20.

Maximum lot (building) coverage: 20%.

Maximum impervious surface coverage: 50%.

Screening shall be provided along all lot lines in common with residential uses or zoning districts, in accordance with § 50-707.

The applicant shall demonstrate to the satisfaction of the Board that adequate water supply and sewage treatment facilities, as approved by the Borough Board of Health, will be available to accommodate the use.

(k)

Signs in residential districts shall comply with the requirements for home occupations. Signs in nonresidential districts shall comply with the applicable requirements for the zone.

(l)

Preschools and child-care centers shall comply with all applicable state standards and licensing requirements.

(m)

All other applicable requirements of this chapter shall apply.

Schools.

The minimum lot area required for a school shall be three acres and the minimum lot frontage shall be 150 feet.

The lot shall have frontage on and direct access to a county or state highway.

Conditional use approval shall not be granted for a school unless the Borough Board of Health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.

The maximum permitted floor area ratio shall be 0.20.

The maximum permitted impervious surface coverage shall be 40%.

No building shall be located within 50 feet of any street or property line.

No active recreation area or parking area shall be located within 25 feet of any side or rear property line nor within any front yard.

All recreation and parking areas shall be screened from view from all property lines by landscaping in accordance with §§ 50-706A and 50-707.

All exterior lighting, except that required for security purposes, shall be turned off between 10:00 p.m. and 6:00 a.m. Monday through Saturday and between 6:00 p.m. and 8:00 a.m. on Sunday.

Churches.

The minimum lot area required for a church shall be two acres and the minimum lot frontage shall be 150 feet.

The lot shall have frontage on and direct access to a county or state highway.

Conditional use approval shall not be granted for any church unless the Borough Board of Health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.

The maximum permitted floor area ratio shall be 0.30.

The maximum permitted impervious surface coverage shall be 60%.

Parking shall be provided as required in § 50-306.

No church building shall be located within 25 feet of a side or rear property line. The front yard setback shall be that ordinarily required in the applicable zone.

No parking shall be located within 25 feet of any side or rear property line nor within the front yard.

Parking areas shall be screened from view from all property lines by landscaping in accordance with §§ 50-706A and 50-707.

Accessory buildings and a clergyman's residence, if provided, shall be located within the required setback lines for the principal building and, if not connected to the principal building, shall be located a minimum distance from any other building(s) on the lot of 30 feet.

Preschools and child-care centers utilizing church facilities during times other than when religious services are scheduled shall be permitted, provided the requirements of § 50-309B(2)(b), (c), (d), (j) and (l) are met. This provision shall not be construed to limit or in any way regulate the holding of classes for religious instruction, provided such classes are in addition to and not a substitute for the regular academic instruction provided elsewhere by a school.

Flag lot subdivisions.

Each flag lot shall consist of at least 2.5 acres, exclusive of the accessway (or "flagpole") regardless of the lot area otherwise applicable in the zone.

Any newly created access way to a flag lot shall have a width of at least 30 feet for its entire length.

No such accessway to a flag lot shall be longer than 1,000 feet nor shorter than 250 feet, except that where a flag lot is being created behind the rear lot lines of existing homes fronting on the same street with which the access way intersects, the access way need not be longer than the deepest abutting lot in front of the developable portion of the flag lot.

No construction other than the driveway shall be permitted within the accessway.

Flag lots shall only be utilized for single-family residential or agricultural purposes, with permissible accessory uses.

The front yard setback ordinarily required for development in the zone shall not be applicable to a flag lot. Instead, the setback for a principal structure on a flag lot from the rear lot line(s) of any lot(s) intervening between the flag lot and the street giving access to the flag lot shall be the same as the required rear yard setback.

No accessory structure(s) shall be located between the principal structure on the flag lot and the rear lot line(s) of any lot(s) intervening between the flag lot and the street giving access to the flag lot.

A flag lot subdivision shall satisfy in all respects the definition of a minor subdivision, shall not be used as a design tool in connection with a major subdivision, shall only be used where no other reasonable subdivision alternative is available and shall not result in the creation of more than one new flag lot.

Driftway subdivisions. Notwithstanding the improvement requirements of this chapter and of N.J.A.C. 5:21, the Board may approve a subdivision on a driftway, provided said driftway meets the definition of a driftway set forth in § 50-104 of this chapter.

Evidence, by deed or other acceptable documentation, indicating that the driftway existed as such prior to February 4, 1986, shall be submitted to the Board.

Said driftway shall connect to an existing public street or road.

The width of the driftway shall be at least 30 feet.

Each new lot and each remainder shall have an area of not less than three acres measured within 750 feet of the center line of the driftway, and said minimum area shall be exclusive of the area within 15 feet of the center line of said driftway.

A lot subdivided on a driftway shall be located no further than 2,000 feet from an existing public street or road as measured along the center line of the driftway.

The traveled way of any driftway shall have a width of at least 16 feet and a grade not exceeding 12% for its entire length between the public street or road and the lot or lots to be subdivided.

Said traveled way shall be suitably improved to safely accommodate prospective traffic and to provided access for firefighting equipment and other emergency vehicles. The Board shall determine what improvements, if any, such as grading, drainage facilities, road surfacing, etc., shall be installed or constructed to achieve this objective.

The deed of conveyance of a subdivided lot fronting on a driftway shall incorporate the existing rights to use such driftway for the purposes of ingress to and egress from the lot and for the installation and maintenance of all necessary utilities.

Approval of a subdivision on a driftway shall not in any way obligate or require the Borough to pave, replace, maintain, improve, or acquire such driftway or to provide snow removal or weed control services, and this requirement shall be incorporated in the deed of conveyance.

The subdivider and adjoining owner or owners, if any, along said driftway shall assume full responsibility for the maintenance of said driftway with said maintenance agreement being incorporated into the deed of conveyance.

Said driftway may be taken over by the Borough if and only if all roadway standards contained in N.J.A.C. 5:21 are met and the width of the right-of-way to be acquired by the Borough is at least 50 feet. This caveat shall be incorporated into the individual deeds and so stated on the plat.

A subdivision on a driftway may be classified as a minor subdivision provided that no additional improvements are required by the Board. If additional improvements are required, said subdivision shall be classified as a major subdivision.

No more than two additional building lots shall be created on any existing driftway, and no driftway shall be permitted to accommodate more than six lots in total.

(14)

No new driftway shall be permitted to be established in the Borough.

(15)

Lots in a driftway subdivision shall only be used for single-family residential or agricultural purposes and permitted accessory uses.

Home occupations. A home occupation complying with the definition of same set forth in § 50-104 shall be permitted as a conditional use in specified zoning districts, provided the use complies with all of the following requirements:

Not more than three persons shall be engaged in the home occupation at any one time, including the resident business owner.

If the home occupation is located within the residence itself, at least 960 square feet of living floor area shall remain for the residential use and not more than 25% of the floor area in the principal structure shall be devoted to the home occupation.

In the alternative, a home occupation may occupy an accessory building on the residential lot.

Signs shall comply with the requirements of § 50-302.

Parking shall be provided as required in § 50-306.

No portion of the home occupation shall be conducted out-of-doors.

The residential character of the lot and building shall not be changed.

No sounds emanating from the home occupation use shall be audible outside the building in which the use is conducted.

No equipment shall be used which will cause interference with radio and television reception in neighboring dwellings.

The provision of parking for the home occupation shall not reduce the parking or yard requirements otherwise applicable to the dwelling.

Bed-and-breakfast inn. A bed-and-breakfast inn shall be permitted as a conditional use where specified, subject to the following criteria:

The lot area shall conform to the requirements of the district in which the property is located.

Side and rear yards for the principal building shall conform to the requirements of the district in which the property is located.

Bed-and-breakfast inns shall only be permitted in conjunction with existing owner-occupied dwellings containing four or more bedrooms. Interior and exterior modifications may be made to the dwelling to accommodate the bed-and-breakfast inn, provided that any exterior modifications shall not diminish the residential appearance of the structure, and any expansions shall not violate the setback requirements for new structures in the zone nor result in the creation of more than two bedrooms, in addition to those existing in the dwelling prior to its approval for use as a bed-and-breakfast inn.

Up to two accessory structures may be converted to guest accommodations, provided that all Construction Code requirements are met and that such accessory structures were in existence on the lot at the time the principal dwelling was approved for use as a bed-and-breakfast inn.

If any modifications to the dwelling or its accessory structures include the addition of bathrooms, the applicant shall demonstrate to the satisfaction of the Board that adequate water supply and sewage treatment facilities will be available to accommodate the use.

Provision shall be made for sufficient on-site parking to accommodate guests of the bed-and-breakfast inn plus the owner-occupants. One parking space shall be provided for each available guest room in addition to the parking spaces required for the dwelling. Outdoor parking areas for guests shall be suitably screened from neighboring residences and the street and shall be located in side or rear yards only.

Not more than one nonhousehold member at a time shall be employed in conjunction with the bed-and-breakfast inn.

Signage shall be the same as that permitted for a home occupation in § 50-302.

Occupancy of the bed-and-breakfast inn shall be by advance reservation only, and no guest shall be permitted to remain longer than 30 days nor more than 30 days out of any period of 60 successive days.

No more than two persons shall be permitted per guest room.

Breakfast shall only be served to guests of the bed-and-breakfast inn and their invitees and not to the general public. No meals other than breakfast shall be provided, and no alcohol shall be sold to guests of the bed-and-breakfast inn.

No cooking shall be permitted in guest rooms.

At least 300 square feet of common area including, but not limited to, parlors, dining rooms, libraries and solariums, shall be available for the exclusive use of the guests of the bed-and-breakfast inn.

(14)

Smoke detectors and fire extinguishers shall be installed as recommended by the Construction Official.

(15)

Site lighting shall be as approved by the Board.

Outdoor displays in the R-4A, R-4B and R-4C Zones. The outdoor display of merchandise and decorations shall be allowed as a conditional use in the R-4A, R-4B and R-4C Zones only, subject to Planning Board approval, provided the following conditions are met:

Outdoor displays shall be limited to merchandise that is of the same type and character as that sold inside the store and shall be limited to merchandise owned by or consigned to the indoor vendor.

At least 4.5 feet of sidewalk width as measured from the curb shall be left unobstructed. If there is a space between the curb and sidewalk, at least the four feet of sidewalk closest to the curb shall be left unobstructed.

All merchandise and displays that are placed outdoors must be brought inside at close of business each day.

No display of merchandise shall exceed six feet in height nor shall any display obstruct the sight lines at any intersection.

Outdoor displays of merchandise shall be allowed only in front of the business location for which the application is being made.

No food shall be served outdoors except by a vendor whose primary indoor business is the serving of food, and only if all required Board of Health permits are obtained.

No food may be prepared outdoors.

The sign regulations set forth in § 50-302 shall be met by the entire property for which conditional use approval is sought.

Conditional use approval for outdoor displays shall be limited to the applicant and shall not be extended to subsequent owners or tenants at the same location, except by an application for a new conditional use approval. The conditional use approval shall expire if the applicant no longer meets the conditions of approval or if the tenancy is terminated, whichever occurs first.

Conditional use approval for outdoor displays shall not require site plan approval or the payment of a fee for site plan review.

Street furniture. The placement of street furniture, as defined in this chapter, shall be allowed as a conditional use in the R-4A, R-4B and R-4C Zones only, subject to Planning Board approval of its location, style, type, color and design, and subject to the following conditions:

The proposed street furniture shall be found by the Board to be functionally and aesthetically appropriate to its location.

The street furniture shall be found by the Board to be consistent with the architectural style of surrounding buildings and of other previously approved street furniture, and shall be of a color and design approved by the Board.

The street furniture shall be appropriately affixed or of sufficient weight to preclude its accidental rearrangement by persons, vehicles or natural forces.

The placement of street furniture shall not impede pedestrian access to, from and through the area unless the purpose of such placement is to direct or redirect pedestrian access in an appropriate manner.

Street furniture shall not obstruct sight lines at any intersection.

Street furniture shall not be utilized as or for signage.

Removable street furniture that is no longer appropriate to its location or which is improperly maintained pursuant to the approval granted by the Board shall be removed within seven days of notice from the Zoning Officer.

Conditional use approval for street furniture shall not require site plan approval or the payment of a fee for site plan review.

Wireless telecommunication towers and antennas. The following conditions shall apply to the location of a wireless telecommunication tower and wireless telecommunication antennas:

A telecommunication tower shall be permitted only on property owned or leased by the Borough of Frenchtown and thereby subject to the direct control of the Borough, provided the Borough of Frenchtown consents to its property being used for a telecommunication tower.

All wireless telecommunication antennas shall be located on an approved telecommunication tower on Frenchtown Borough municipal property.

In the event an applicant establishes through competent expert testimony that no municipally owned or controlled site is suitable for the proposed telecommunication antennas, the applicant may seek approval of an alternative location.

The following design and performance standards shall apply to any wireless telecommunication tower and/or wireless telecommunication antennas:

Co-location.

Each applicant for a telecommunication tower shall prove that the telecommunications equipment cannot be accommodated on an existing or approved tower within a one-mile search radius of the proposed site or location.

Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least three additional users. The tower shall be designed to allow for the future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of any tower and any antennas governed by this chapter shall bring such tower and antennas into compliance within six months of the effective date of such standards and regulations unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring the tower and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and/or antennas at the owner's expense.

Safety. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended. If, upon inspection, the Borough of Frenchtown concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for removal of the tower or antennas at the owner's expense.

Design. Telecommunication towers shall be of a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment.

Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. The antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antennas and related equipment as visually unobtrusive as possible. The Board may require additional creative design of the antennas and related equipment.

Utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from the view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least glare and disturbance to the surrounding views.

Height. The antennas, together with the structure to which they are attached, shall not exceed 150 feet in height, but any tower shall be designed so that its height can be increased, if necessary, to accommodate other local communication facilities in the future.

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

Cessation of use. No application will be approved without the condition that the applicant and/or owner of the property or any successor(s) thereto shall agree in writing to dismantle the facilities within 90 days of cessation of use.

The following additional submission requirements shall be complied with in any application for a wireless telecommunication tower or antennas:

Inventory of existing sites. Each applicant for antennas and/or a tower shall provide to the Board an inventory of its existing towers, antennas, sites approved for towers or antennas, and plans for future antennas and towers that are within the jurisdiction of the Borough of Frenchtown and within 10 miles of the border thereof, including specific information about the location, height, and design of each tower. The inventory report shall be reviewed by a qualified professional selected by the Board, with a specialization in the analysis of telecommunication towers and antennas, to be paid for by the applicant through the escrow account.

Report. A report from a qualified and licensed engineer which includes the following:

Description of tower height and design including cross sections and elevations;

The height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

Description of the tower's capacity, including the number and types of antennas that it can accommodate; and

The steps the applicant proposes to take to avoid interference with established public safety telecommunication.

Letter of intent. A letter of intent committing the tower owner and any successor(s) to allow the co-location of other antennas, including those of competitors, subject to reasonable terms and conditions which shall be reviewed and approved by the Board prior to the granting of the conditional use approval.

WIRELESS TELECOMMUNICATION ANTENNA

Definitions. For the purposes of this section only, the following definitions shall apply:

PUBLIC VIEW

Visible from a public thoroughfare, public lands or buildings or navigable waterways.

SEARCH AREA

That geographic area (which may or may not extend beyond municipal boundary lines) within which additional wireless telecommunication facilities are required to provide reliable and adequate coverage consistent with the licensing requirements of the Federal Communications Commission (FCC).

A system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signal, or electromagnetic waves for wireless communication. As used herein, the terms "antenna" and "telecommunication antenna" shall be synonymous with "wireless telecommunication antenna."

WIRELESS TELECOMMUNICATION STRUCTURES, ANTENNAS, EQUIPMENT AND/OR TOWERS

Buildings and/or structures and equipment for the delivery of wireless telecommunication. For purposes of this definition, wireless telecommunication structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunication facilities." This definition shall not include any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

WIRELESS TELECOMMUNICATION TOWER

A vertical structure used to support wireless telecommunication antennas. "Wireless telecommunication tower" as defined herein shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto. The enumeration contained herein is by way of illustration but not by way of limitation. As used herein, the terms "tower" and "telecommunication tower" shall be synonymous with "wireless telecommunication tower."

§ 50-310 Steep slope development.

[Ord. No. 564, 9-6-2000; amended 12-30-2003 by Ord. No. 606; 10-3-2012 by Ord. No. 718; 8-7-2013 by Ord. No. 729]

The following requirements shall apply to the subdivision or development of any lot or tract in the R-1 Zone districts:

The applicable provisions of §§ 50-401 and 50-203 of this chapter relating to minimum lot sizes, dwelling unit densities and impervious surface coverage for permitted nonresidential uses shall be modified as follows:

The boundaries of the tract that is proposed to be subdivided or developed shall be superimposed over a topographic map of the area (at two-foot contour intervals) prepared and certified by a licensed land surveyor from an actual field survey. A steep slope analysis showing each of the slope classes listed below shall be delineated on the subdivision plat or site plan. The percent of the area within each slope range indicated below shall be multiplied by the corresponding development factor:

Slope Range		Development Factor
(0% to 10%)	x	1.00	=
(+10% to 15%)	x	.70	=
(+15% to 20%)	x	.20	=
(+20%)	x	0.00	=

The sum of the products resulting from the multiplication of the percent of the total tract area within each slope range by the corresponding development factor shall be the developable tract area.

The developable tract area shall be divided by the required minimum lot size for the district, in the case of a subdivision, to determine the permitted number of lots in the subdivision.

The developable tract area shall be multiplied by the maximum permitted density of residential development or, in the case of a nonresidential development, by the maximum permitted impervious surface coverage to determine the number of dwelling units or square footage of impervious surface coverage (for a nonresidential development) permitted to be developed.

In areas with slopes of 15% to 20%, 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.

In areas with slopes of 20% or more, no development, regrading or stripping of vegetation shall be permitted.

Notwithstanding the above, redevelopment of an existing developed lot of record at the time of the passage of this chapter may be permitted in the R-1 District and shall be exempt from the above provisions as long as the redevelopment is limited to the footprint of the existing impervious surface areas on the lot.

Variances in accordance with the requirements of N.J.S.A. 40:55D-70c from § 50-310, Subsections A(2) and (3) and B hereinabove shall only be granted by the Planning Board to prevent extraordinary hardship to the property owner; to achieve a compensatory net environmental benefit; or to otherwise promote the public health, safety and general welfare.

The following requirements shall apply to any development or redevelopment for which construction of any improvement is proposed on a slope of 15% or more regardless of the nature or extent of the improvement:

A lot grading plan which indicates the proposed driveway plan and profile and other site grading information relating to the proposed improvement(s) shall be submitted for review and approval by the Borough Engineer. Such plan shall also provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards adopted and amended by the New Jersey State Soil Conservation Committee.

The Borough Engineer shall verify that the proposed driveway design is capable of providing access for emergency vehicles and equipment under all weather conditions.

§ 50-311 Tree removal and replacement.

[Added 6-5-2024 by Ord. No. 919]

Purpose. A section to establish requirements for tree removal and replacement in the Borough of Frenchtown to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.

Definitions.

CRITICAL ROOT RADIUS (CRR)

For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When consistent 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 use of the word "shall" means the requirement is always mandatory and not merely directory.

APPLICANT

Any "person," as defined below, who applies for approval to remove trees regulated under this section.

The zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6"x1.5' = 9'.

DIAMETER AT BREAST HEIGHT (DBH)

The diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the four-and-a-half-foot height, the DBH shall be measured at the highest point before any division.

HAZARD TREE

A tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.

Has an infectious disease or insect infestation;

Is dead or dying;

Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;

Is causing obvious damage to structures (such as building foundations) or has fallen during a storm; or

Is an obvious imminent threat to public health, safety, and/or welfare OR has been certified as such by an arborist.

INVASIVE SPECIES

An alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health.

PERSON

Any individual, resident, corporation, utility, company, partnership, firm, or association.

PLANTING STRIP

The part of a street right-of-way between the edge of the right-of-way and the portion of the street reserved for vehicular traffic (i.e., asphalt) or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.

RESIDENT

An individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this section is removed or proposed to be removed.

RIGHT-OF-WAY

A strip of land acquired or possessed by reservation, dedication, forced dedication, prescription or condemnation which permits the possessor to pass over the property of another and which is intended to be occupied by a public or private road, walkway, railroad, electrical, oil or gas transmission line, water line, sanitary or storm sewer line or other similar uses or facilities. A public right-of-way shall be one in which the general public shall have the right of use or access subject only to the restrictions imposed by the governmental entity possessing the right-of-way.

SHADE TREE COMMISSION

Shall mean the Shade Tree Commission of the Borough of Frenchtown and its duly authorized representatives.

STREET TREE

A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.

TREE

A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.

TREE CALIPER

The diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.

TREE REMOVAL

To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.

Application process.

Any person planning to remove any non-street tree with DBH of six inches or more on their property shall submit a tree removal application to the Borough Clerk. No non-street tree shall be removed until municipal officials have reviewed and approved the removal unless it is a hazard tree as defined above.

Any person wishing to remove a street tree, located within the public right-of-way, shall apply to the Shade Tree Commission, as described in Subsection STC3-1.8.

No application is required for a hazardous tree.

Tree replacement requirements.

Any person, who removes one or more non-street tree(s), as defined as tree removal, with a DBH of six inches or more per acre, unless otherwise detailed under Subsection F, shall be subject to the requirements of the Tree Replacement Requirements Table.

Replacement tree(s) shall:

Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the tree replacement criteria in the table below;

Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the Borough of Frenchtown;

Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and

Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.

Tree replacement requirements:

Category	Non-Street Tree Removed (DBH)	Tree Replacement Criteria	Application Fee
1	DBH of 6" to 12.99"	Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed*	$20
2	DBH of 13" to 22.99"	Replant 2 trees with a minimum tree caliper of 1.5" for each tree removed*
3	DBH of 23" to 32.99"	Replant 3 trees with a minimum tree caliper of 1.5" for each tree removed*
4	DBH of 33" or greater	Replant 4 trees with a minimum tree caliper of 1.5" for each tree removed*

Notes:
*	Size exceptions include tap rooted species such as Oaks (Quercus sp.), Hickories (Carya sp.), Black Walnut and Butternut (Juglans sp), Sassafrass (Sassafrass abidum), Pinus (Pinus sp.), Hornbeam (Carpinus caroliniana) and others which are healthiest and grow fastest when planted at a smaller size

Permitted replacement tree species and planting standards:

Tree Species	Planting Season	Planting Procedure
Trees native to Hunterdon County as can be found on the Native Plant Society of New Jersey website here: https://npsnj.org/native-plants/plant-lists/ or other tree species native to adjacent counties	Spring planting: mid-March to end of April; Fall planting: mid-September to early November; or As directed by Borough Professionals	Trees must have a healthy root system and be well-shaped, fully branched, healthy, vigorous stock tree of disease, insects, eggs larva, and defects such as knots, sunscald, injuries, abrasions, and disfigurement. Trees must be maintained for a period of 18 months from planting by pruning, cultivating, watering, weeding, fertilizing, restoring planting saucers, tightening and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Restore or replace damage tree wrapping as needed.

Trees to be planted within the street right-of-way shall comply with the species recommendation of the Shade Tree Commission.

Replacement alternatives.

If the municipality, in cooperation with the property owner, determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:

Plant replacement trees in a separate area(s) approved by the Borough of Frenchtown.

Pay a fee of $200 per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.

Exemptions.

All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided to the Borough by all persons claiming an exception, which may include, but is not limited to photos, statements from a licensed tree expert or arborist, approved construction permit, approved site plan application, etc. The property owner shall take and retain photographs of each tree removed pursuant to Subsection F(2)(a), (g), and (h).

Activities exempt from tree replacement include:

Hazard trees may be removed with no fee, application, or replacement requirement. However, the property owner shall take and retain no less than three photographs of the tree's hazardous conditions.

Residents with properties of one acre or greater who remove less than four trees per acre that fall into Category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. The number of trees removed is a rolling count across a five-year period. For example, if three trees from Category 1 are removed in July 2023, the 'count' resets to zero in July 2028. However, if one tree from Category 1 is removed in July 2023 and another in July of 2025 the first tree will come off the count in July 2028 and the second in July 2030.

Tree farms in active operation, nurseries, fruit orchards, and garden centers.

Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough of Frenchtown.

Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan.

Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.

Removal of invasive species such as Tree-of-Heaven (Allanthus altissima), Callery Pear (Pyrus colleryana), and others (full list of invasive New Jersey trees can be found, as per NPDEP recommendation, on the New Jersey Invasive Species Strike Team. website https://www.fohvos.info/invasive-species-strike-team/info-center/.

Tree removal within the footprint of a principal structure, were said structure has been approved as part of a construction permit or a site plan application.

Enforcement.

This section shall be enforced by the Zoning Officer of the Borough of Frenchtown during the course of ordinary enforcement duties.

Violations and penalties.