[Amended 8-12-2020 by Ord. No. 673]
Any accessory building, including porches and
decks attached to, or within four feet of, a principal building, shall
be considered part of the principal building for purposes of determining
lot coverage and setback requirements, and the total structure shall
adhere to the yard requirements for the principal building regardless
of the technique of connecting the principal and accessory buildings.
For purposes of this chapter, accessory buildings include but are
not limited to garages, sheds, pet shelters, tree houses, gazebos
and carports.
A.
General regulations.
(1)
Under no circumstances shall any accessory building
be used for human habitation or the raising or housing of livestock,
poultry, or other living creatures not customarily regarded as household
pets.
(2)
All accessory buildings must be made of wood, aluminum
or other material similar in quality, appearance and color to that
of the quality, appearance and color to that of the main building,
and must be maintained so that the shed is structurally sound.
(3)
Historic district requirements may apply to any accessory
building if located within the Historic District.
B.
Sheds.
(1)
For purposes of this section, sheds shall include,
but not be limited to, toolsheds, woodsheds, playhouses, hobby greenhouses,
garden sheds, domestic pet shelters, or any similar type of structure.
(2)
Any shed, except pet shelters, whether affixed to a permanent foundation or not, shall not exceed 12 feet high and shall not exceed the maximum square footages set forth in Subsection B(7) below.
(3)
Pet shelters shall not exceed four feet by four feet
by four feet high.
(4)
All
sheds shall be located in the rear or side yards only and shall not
be located nearer than three feet to the rear yard line or side yard
line.
(5)
For
lakefront lots, sheds may be located in the side yard, provided that
they are not within three feet of any adjoining property line or within
10 feet of any street nor within 25 feet of the lake embankment.
(6)
For
corner lots, all sheds shall be located in the side yard only and
shall not be within 25 feet of a street line or within three feet
of a side yard line.
(7)
There
shall be no more than two sheds per lot. The total cumulative square
footage of two sheds shall be a maximum of 240 square feet. The total
square footage of a single shed shall be a maximum of 168 square feet.
C.
Detached
garages and detached carports.
(1)
Detached
garages and detached carports shall abide by the same setback requirements
of the principal building.
(2)
All
detached carports shall be permanent structures. Tarpaulin or canvas-type
covered carports are not permitted.
(3)
Detached
carports may be open on all sides.
(4)
The
combined dimensions of detached garages and detached carports shall
not exceed a total of 24 feet by 24 feet or 576 square feet.
(5)
The
height of a detached garage or detached carport shall not exceed 22
feet or the height of the existing principal building, whichever is
less. Height measurements on each structure shall be measured to the
peak.
D.
Tree houses.
(1)
Tree
houses may be no greater than 100 square feet, including deck area.
(2)
Tree
houses may be more than 12 feet in height, but the peak of the roofline
may not be more than 15 feet in height off the ground and the floor
may not be more than eight feet in height off the ground.
(3)
Tree
houses may not be supported by the ground.
(4)
Tree
houses are not permitted in the front yard and must be set back from
the rear or side property line by at least the height of the tree
house. Height measurements on tree houses shall be measured to the
peak.
E.
Permits.
(1)
No
accessory building or shed shall hereafter be erected, re-erected,
constructed, or altered except as provided in this chapter and after
a permit for the same has been issued by the Borough Zoning and Construction
Official as required by law.
(2)
Plans
and detailed information shall be submitted with each application
for an accessory building or shed, setting forth dimensions, materials
used in construction and the exact location on the premises where
applicable. All plans must comply with the Borough Building Codes.[1]
(3)
The
fee for an accessory building or shed permit shall be the same fee
as a zoning application fee and, if applicable, a building permit.
Adherence to the standards of this section shall
be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:27-18.3.
A.
All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq.
B.
Applications for the following developments shall
ensure that all state ambient air quality standards in N.J.A.C. 7:27
et seq. for carbon monoxide shall not be exceeded at places of maximum
concentration and at sensitive receptors:
(1)
Residential development of 50 or more units and any
other development involving more than 100 parking spaces located in
the LR, LC, LI, LQP, or LEC Zones; and
(2)
Residential development of 100 or more units and any
other development involving more than 300 parking spaces located in
the LSR Zone.
Requirements set forth in N.J.A.C. 5:23-7.100
et seq. and any amendments thereto and the Americans with Disabilities
Act shall be met.
A.
Prior to the construction of any building or other
structure in any zone other than for single-family residential use
or for any other than residential in any residential zone, there shall
be planted a twenty-foot evergreen planting strip in accordance with
the definition of screening strips herein described along all property
lines adjoining lands.
B.
Said screening strip shall be properly installed and
maintained in good condition under the supervision of the Medford
Lakes Superintendent of Public Works or other appropriate authority.
If the Building Inspector upon inspection determines that the landscape
or screening materials are not being maintained in satisfactory condition,
he shall notify the owner in writing of his findings and order that
any negligent or improper maintenance on the part of the owner be
corrected within 30 days of the date of said notice. In the event
that any plantings required by this chapter fail to live, they shall
be replaced. Any failure on the part of the owner to comply with said
notice shall be deemed a violation of this chapter. The Zoning Officer
may, in addition, revoke the certificate of occupancy.
The purpose of this section is to establish
the lot coverage of the setback lines for, and the general requirements
for decks.
A.
General requirements.
(1)
Decks are a roofless open floorboard structure as
defined.
(2)
Decks shall have guardrails in accordance with the
requirements of the BOCA National Building Code.
(4)
Decks shall have two categories:
(a)
Structural.
[1]
Structural decks are decks with a floorboard
height greater than 24 inches as measured at the point of lowest elevation.
[2]
Structural decks shall be attached to the principal
building on the lot, and structural decks shall comply with the height
limitations and yard requirements established for principal buildings
in the Lakes Residential Zone.
[3]
The setback requirements for structural decks
shall be the same as the setback requirements established for principal
buildings in the Lakes Residential Zone.
(b)
Landscape.
[1]
Landscape decks are decks with a floorboard
height 24 inches or less as measured at the point of greatest elevation.
[2]
Landscape decks may be, but do not necessarily
have to be, attached to or immediately adjacent to the principle building
on the lot.
[3]
Landscape decks shall have a minimum opening
between floorboards equal to 5% of the standard board width to allow
for percolation; for example: 1/4 inch when using six-inch boards.
[4]
The setback for landscape decks in the front
yard shall be 25 feet from the front property line and 15 feet from
all other property lines.
[5]
The setback for landscape decks in the side
yard shall be 15 feet from the side yard property line.
[6]
The setback for landscape decks in the rear
yard shall be 10 feet from the rear property line and 15 feet from
all other property lines.
[7]
The setback for landscape decks on a lot with
lake frontage shall be the waterline for that edge of the deck abutting
the waterline. The setbacks for the remaining deck edges shall be,
as applicable, 25 feet from the front property line, 10 feet from
the rear property line, and 15 feet from all other property lines.
(5)
The maximum lot coverage shall be 32% including principal
building, deck, and pool.
(6)
There shall be no more than two decks on any one building
lot, and the aggregate lot coverage shall be as prescribed in this
chapter.
B.
Permits. No deck shall hereafter be constructed, erected,
or re-erected except as provided for in this chapter and only after
a permit for the deck has been issued by the Borough Construction
Official.
[Added 11-9-2023 by Ord. No. 690]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of electric vehicle supply/service equipment (EVSE) and make-ready
parking spaces through municipal parking regulations and other standards.
EVSE and make-ready parking spaces will support the state's transition
to an electric transportation sector, reducing automobile air pollution,
greenhouse gas emissions, and stormwater runoff contaminants. The
goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct-current fast chargers. Make-ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.)
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Zoning Official shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the Borough of Medford Lake's land
use regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations; and
(d)
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(d)
In the Pinelands Area, an application pursuant to Subsection C(5) above shall also require the submission of a certificate of filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 145-23B(7) of the Code of Medford Lakes Borough.
(7)
Upon deeming an application complete pursuant to Subsection C(6), above, the Zoning Officer shall issue a zoning permit in accordance with § 145-18 of the Code of Medford Lakes Borough, and the following:
(a)
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of §§ 145-26 and 145-27 have been met, unless the proposed development meets the criteria of § 145-23B(7) of the Code of Medford Lakes Borough.
(8)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(9)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 145-131.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space, or any electric vehicle parked and not connected to the EVSE, shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code at § 1-15. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Borough of Medford Lake's ordinances
and regulations.
(c)
Adequate EVSE protection, such as concrete-filled steel bollards,
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough of Medford Lakes shall require the owners/designee of
publicly accessible EVSE to provide information on the EVSE's geographic
location, date of installation, equipment type and model, and owner
contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking
fees, if the Borough creates any public EVSE spaces, the fee to charge
and use EVSE parking spaces within the municipality identified as
EVSE spaces shall be set by separate resolution.
(b)
This fee may be amended by a resolution adopted by the governing
body from time to time.
(c)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
A.
All development should be designed to encourage energy
conservation.
B.
Windbreakers of evergreen plants are recommended for
planting on northeast and northwest exposures where there are no conflicts
with visibility or safety. Deciduous trees are recommended on south
and western exposures.
C.
Window openings on northern exposures should be limited.
D.
Solar collectors attached to principle buildings shall
not exceed 35 feet in height.
A.
General regulations.
(1)
The standards and regulations herein set forth shall
apply to all fences and walls hereinafter erected, altered or reconstructed,
or which are presently existing and are not considered a preexistent
nonconforming use under any present or former ordinance of the Borough
of Medford Lakes.
(2)
No fence or wall, except as provided herein, shall
exceed six feet in height at the highest point above ground level;
fences or walls located within 25 feet of any dedicated street line,
shall not exceed four feet at the highest point. At least 50% of the
entire area of any fence or wall located within 25 feet of any dedicated
street line shall be open space, uniformly distributed.
[Amended 8-31-2000 by Ord. No. 460]
(3)
Fences or walls enclosing bona fide athletic and recreational
areas, such as baseball fields, tennis courts, playgrounds, and municipal
property and property of the Board of Education of the Borough of
Medford Lakes, shall not exceed 12 feet in height above ground level,
and all such fences in excess of six feet in height shall be of wire
mesh construction. Baseball field backstops shall not exceed 17 feet
in height.
(4)
No fence or wall shall be fabricated, constructed
or built of any material other than wood, wire (11 gauge or heavier),
brick, stone or masonry.
(5)
The following fences, fencing materials and walls
are specifically prohibited: barbed-wire fences, sharp pointed fences
or walls, electrically charged fences, temporary fences, such as snow
fences, expandable fences, and collapsible fences at any location
on the lot upon which a dwelling or structure is situate.
(6)
No person shall, by the erection of any fences or
wall pursuant to the provisions of this chapter or otherwise, acquire
thereby any easement or other interest in or servitude upon any presently
existing easement, right-of-way, or other proprietary right or interest
of the Borough of Medford Lakes. No fence or wall shall be erected
to encroach on any public right-of-way.
(7)
No fence or wall shall be erected or maintained in
such a manner as to obstruct free vision at any intersection.
(8)
Fences shall be installed with posts exposed on the
inside facing the area to be fenced.
B.
Permits.
(1)
No fence or wall shall hereafter be erected, re-erected,
constructed or altered, excluding any repairs, except as provided
in this chapter and after a permit for same has been issued by the
Zoning Officer.
(2)
Plans and detailed information shall be submitted
with each application for a fence or wall permit, setting forth the
dimensions, materials incorporated in construction and the exact location
on the premises. All plans must comply with the Borough Construction
Code.[1]
(3)
The fee for a fence or wall permit shall be the same
fee as a building permit.
A.
Fire lanes shall be designated on all plans and specifications
for the construction of any structure where deemed necessary by the
Borough of Medford Lakes Fire Marshal. The owner of any property on
which there is presently located a structure which has no fire lanes
or on which the fire lanes presently existing are deemed inadequate
by the Fire Marshal shall be required, upon reasonable notice, to
provide, locate and designate appropriate fire lanes in accordance
with the provisions of this chapter.
B.
Design. Each fire lane shall be constructed to a minimum
width of 12 feet which shall be paved, graveled or constructed of
an appropriate stable base with grass or sod topping. Construction
of the fire lane can be combined with a pedestrian path if appropriately
located and constructed. All fire lanes shall be visually designated.
In the event that a stable base with grass or sod topping is used
in order to have the fire lane blend with the landscaping, their location
shall be shown by appropriate shrubbery or other designation. When
determining the type of construction which is appropriate for the
fire lane, consideration shall be given to the aesthetics of the site.
C.
Location. Fire lanes shall be located so as to serve
the entire building from the building site; so as to provide the most
direct means of access for all emergency vehicles; to be sufficiently
close to the building to provide protection for the structure while
being far enough removed so as to provide safety for the emergency
vehicles using the fire lane in the event of collapse of the building.
The ultimate authority with respect to the determination for the location
of the fire lanes shall lie with the Fire Marshal of the Borough of
Medford Lakes. The Fire Marshal shall make the aforesaid determination
after reviewing recommendations of the Planning Board Engineer and
Planner.
D.
Fire lanes shall be appropriately posted with signs
indicating the words "NO PARKING - FIRE ZONE" in red letters on a
white background, with a red line bordering the perimeter of the sign,
said sign to be 12 inches by 18 inches, made of metal and rust-resistant
reflectorized coating, posted at the ends of each fire lane, and at
one-hundred-foot intervals therein. Fire areas shall also be designated
by covering the face and top of the curb of the prohibited area with
a solid yellow color of paint. The above criterion for the painting
of fire areas is to be considered a minimum, and additional painting
may be placed on the site consisting of crosshatches, solid yellow
areas or such other designations, in addition to the curb painting,
as may serve to act as a deterrent to parking in fire zones.
E.
The owner of the site upon which a fire lane is located
shall be responsible for constructing, designating and marking fire
lanes as required by this section. All maintenance and repair of the
signs and pavement markings, if any, shall remain the responsibility
of the owner and any successor. The maintenance and repair shall be
a continuing condition of any approval conferred with respect to the
construction, remodeling or occupancy of the building or structure
on the premises. Any failure to maintain or repair said signs or pavement
markings shall be a basis for voiding the prior approval. Approvals
which shall be conditional under this subsection shall include, but
not be limited to, final site plan approval and certificates of occupancy.
No such approval shall be held to be void unless a hearing by the
issuing officer or agency has been held on due notice to the owner
of the premises.
F.
Enforcement.
(1)
No unauthorized vehicles shall be allowed to park,
stand or stop in any fire lane, nor shall any person in any manner
obstruct any fire lane. Any violation of this section shall be subject
to a fine not to exceed $500 for each separate offense or by imprisonment
of not more than 90 days, or both. "Unauthorized vehicle" shall be
interpreted to mean a vehicle other than an emergency vehicle, as
well as such other vehicles as may be designated by the Fire Marshal
as being authorized.
(2)
Any vehicle parked, stopped or standing in violation
of this section in any fire lane shall be deemed a nuisance, and the
Fire Marshal may provide for its immediate removal. The cost of its
removal and any subsequent storage which may be required shall be
paid by the owner of the vehicle before he may be allowed to regain
possession of same.
(3)
The Fire Marshal, the Fire Inspector, the Code Enforcement
Officer and the Borough Police Department shall have concurrent jurisdiction
to enforce the provisions of this section.
(4)
Notwithstanding the penalties above set forth, the
Borough of Medford Lakes shall be entitled to pursue any other remedy
available at law or equity to enforce the provisions hereof.
A.
All dead-end roads will terminate in a manner which
provides safe and efficient entry and exit for fire equipment.
B.
The rights-of-way of all roads will be maintained
so that they provide an effective fire break.
C.
A fire hazard fuel break shall be provided around
structures proposed for human use by the selective removal or thinning
of trees, bushes, shrubs and ground cover including the use of prescribed
burning as follows:
D.
All structures shall meet the following specifications:
(1)
Roofs and exteriors will be constructed of fire-resistant
materials such as asphalt rag felt roofing, tile, slate, asbestos
cement shingles, sheet iron, aluminum, or brick. Fire-retardant treated
wood shingles or shakes-type roofs are prohibited in high or extreme
fire hazard areas.
(2)
All projections such as balconies, decks, and roof
gables shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals.
(3)
Any openings in the roof, attic, and the floor shall
be screened.
(4)
Chimneys and stovepipes which are designed to burn
solid or liquid fuels shall be equipped with screens over the outlets.
A.
No development shall be carried out in the Borough
unless it is designed to avoid irreversible adverse impacts on habitats
that are critical to the survival of any local populations of those
threatened or endangered animal species designated by the Department
of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
B.
All development or other authorized activity shall
be carried out in a manner which avoids disturbances of fish and wildlife
habitats that are essential to the continued nesting, resting, breeding
and feeding of significant populations of fish and wildlife in the
Pinelands.
A.
The Planning Board shall exercise all the powers and
perform all the duties set forth in N.J.A.C. 7:50-6.153(a), except
for those responsibilities specifically reserved to the Historic Preservation
Commission pursuant to the following: (Reserved).
B.
Authority to issue certificates of appropriateness:
C.
Certificates of appropriateness shall be required
for the following:
(1)
Construction, encroachment upon, alteration, remodeling,
removal, disturbance or demolition of any resource designated by the
Borough Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible;
D.
Applications.
(1)
Applications for certificates of appropriateness shall
include:
(a)
Detailed plans depicting the exact work to be
performed, including detailed renderings of the exterior of any proposed
new structure or any exterior alterations to existing structures,
and a delineation of the proposal in relation to adjacent structures
on surrounding lands.
(c)
A description of the proposed work, if located
within the Lakes Historic District, in relation to the design standards.
(d)
Such other information as may be required by
the Historic Preservation Commission or the Planning Board.
(2)
All applications for work located in the Lakes Historic
District shall be submitted to the administrative officer.
E.
A cultural resource survey shall accompany all applications
for major development in order to determine whether any significant
historic resources exist on the parcel. Guidelines for this survey
are contained in Appendix B of the "Cultural Resource Management Plan,"
dated April 1991, as amended. In general, the survey shall include:
(1)
A statement as to the presence of any properties listed
on the National and State Registers of Historic Places on the site
or within the area of the projects' potential environmental impacts;
(2)
A thorough search of state, local and any other pertinent
inventories to identify sites of potential significance;
(3)
A review of the literature and consultation with professional
and vocational archaeologists knowledgeable about the area;
(4)
Thorough pedestrian and nature resources surveys;
(5)
Archaeological testing as necessary to provide reasonable
evidence of the presence or absence of historic resources of significance;
(6)
Adequate recording of the information gained and methodologies
and sources used; and
(7)
A list of personnel involved and qualifications of
the person(s) performing the survey.
F.
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection D above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Borough Council pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
G.
The standards governing the issuance of certificates
of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by
the Planning Board.
H.
The effect of the issuance of a certificate of appropriateness
is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection H(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for one year. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Borough Council pursuant to N.J.S.A. 40:55D-1 et seq. within that one-year period, the historic resource standards of this section shall no longer apply to the property.
I.
The following information will be required to document
resources which are not found to be significant but which are otherwise
found to present graphic evidence of a cultural activity:
(1)
A narrative description of the resource and its cultural
environment;
(2)
Photographic documentation to record the exterior
appearance of buildings, structures, and engineering resources;
(3)
A site plan depicting correct scale, the location
of all buildings, structures, and engineering resources; and
(4)
A New Jersey state inventory form as published by
the New Jersey Department of Environmental Protection for buildings
and a narrative description of any process or technology if necessary
to elaborate upon the photographic record.
J.
If archaeological data is discovered on a site at
any time after construction has been commenced, the developer shall
immediately cease construction, notify the Planning Board, and the
Pinelands Commission and take all reasonable steps to protect the
archaeological data in accordance with the "Guidelines for the Recovery
of Scientific, Prehistoric, Historic and Archaeological Data: Procedures
for Notification, Reporting, and Data Recovery" (36 CFR 66).
[Amended 9-12-2012 by Ord. No. 597]
A.
Purpose. Accessory home occupations are activities accessory to uses
defined as residential. They have special regulations that apply to
ensure that home occupations will not be a detriment to the character
and livability of the surrounding neighborhood. The regulations further
ensure that accessory home occupation remains subordinate to the residential
use and that the residential viability of the dwelling is maintained.
The regulations recognize that many types of occupations can be performed
in a home with little or no impact on the surrounding neighborhood.
B.
Conditions.
(1)
Allowed uses. Permitted home occupations shall be limited to the
office of a recognized professional occupation or service occupation.
(2)
Prohibited uses. Prohibited uses shall include but not be limited
to those activities which include the repair or assembly of vehicles
or mechanical equipment or any other work related to hazardous material
of any sort.
(3)
Accessory home occupations may not serve as a headquarters or dispatch
center where employees of said occupation report to the residential
site and are then dispatched to outside locations.
(4)
Accessory home occupations shall not be permitted in any residence
which maintains a preexisting and/or approved accessory dwelling unit.
(5)
The sale of goods is prohibited in an accessory home occupation.
(6)
The exterior display of goods related to the accessory home occupation
is prohibited.
(7)
The exterior appearance of a dwelling cannot be altered to promote
the home occupation and make the dwelling appear less residential
in nature.
(8)
No more than one home occupation is permitted within a single-family
residence.
(9)
Customers or clients of accessory home occupations shall be limited
to one customer account being present at a time, and all Borough parking
regulations must be complied with and observed.
(10)
All activities associated with the accessory home occupation
must be conducted in a completely enclosed structure.
(11)
The accessory home occupation shall not create any external
physical effects such as noise, smoke, odor, vibration, electromagnetic
interference, electrical fluctuations or similar impacts.
(12)
No more than 15% of the total floor area of the dwelling (including
basements and garages) may be used in connection with any accessory
home occupation.
(13)
Deliveries of goods by large commercial semi-trucks will be
prohibited; however, deliveries of parcels and small packages by delivery
vans is permissible.
(14)
The work area shall be located in the principal dwelling in
which the person owning the home occupation is a bona fide resident
of that property.
(15)
The home occupation may not employ more than one person who
is not a permanent resident of the dwelling.
C.
Permits.
(1)
Zoning permits for accessory home occupations must be obtained annually
through the Zoning Department to ensure the following:
(a)
The applicant/owner is aware of the accessory use regulations
and restrictions.
(b)
The Borough has all of the information necessary to evaluate
whether the proposed home occupation initially meets and/or continues
to meet the regulations established herein and/or any condition of
any prior permit.
(c)
The Borough can document all approved and permitted accessory
home occupations.
(2)
Procedure.
(a)
All permits shall be issued on an annual basis and be valid
for one year from the date of issuance.
(b)
Applicants/owners must file an initial application and obtain
the required zoning permit prior to the commencement of any home occupation.
(c)
Applicants/owners must file for renewal of the annual permit
not less than 30 days prior to expiration of any existing zoning permit.
(d)
A floor plan depicting the entire floor area of the dwelling
and specifying those areas to be dedicated to the accessory home occupation
use shall be submitted along with a permit application to ensure that
the proposed use meets all minimum building codes[1] and the use regulations and restrictions as set forth
herein.
A.
All development permitted under this plan, or under
a certified county or municipal master plan or land use ordinance,
shall be designed and carried out so that the quality of surface water
and groundwater will be protected and maintained. For the purpose
of this chapter, agricultural use shall not be considered development.
B.
Except as specifically authorized in this chapter,
no development which degrades surface water or groundwater quality
or which establishes new point sources of pollution shall be permitted.
C.
No development shall be permitted which does not meet
the minimum water quality and potable water standards of the State
of New Jersey or the United States.
The following point and nonpoint sources may
be permitted in the Pinelands:
A.
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources otherwise permitted in N.J.A.C. 7:50-5, except those specifically regulated in Subsections B through F below, provided that:
(1)
There will be no direct discharge into any surface
water body;
(2)
All discharges from the facility or use are of a quality
and quantity such that groundwater exiting from the parcel of land
or entering a surface body of water will not exceed two parts per
million nitrate/nitrogen;
(3)
All public wastewater treatment facilities are designed
to accept and treat septage; and
(4)
All storage facilities, including ponds, or lagoons,
are lined to prevent leakage into groundwater.
B.
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection A(2) above, provided that:
(1)
There will be no direct discharge into any surface
water body;
(2)
The facility is designed only to accommodate wastewater
from existing residential, commercial and industrial development;
(3)
Adherence to Subsection A(2) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
(4)
The design level of nitrate/nitrogen attenuation is
the maximum possible within the cost limitations imposed by such user
fee guidelines but in no case shall groundwater exiting from the parcel
or entering a surface body of water exceed five parts per million
nitrate/nitrogen.
C.
Improvements to existing commercial, industrial, and
wastewater treatment facilities which discharge directly into surface
waters, provided that:
(1)
There is no practical alternative available that would
adhere to the standards of N.J.A.C. 7:50-6.84(a)1i.
(2)
There is no increase in the existing approved capacity
of the facility; and
(3)
All discharges from the facility into surface waters
are such that the nitrate/nitrogen levels of the surface waters at
the discharge point do not exceed two parts per million. In the event
that nitrate/nitrogen levels in the surface waters immediately upstream
of the discharge point exceed two parts per million, the discharge
shall not exceed two parts per million nitrate/nitrogen.
D.
Individual on-site septic wastewater treatment systems
which are not intended to reduce the level of nitrate/nitrogen in
the wastewater, provided that the following standards are met:
(1)
The proposed development to be served by the system
is otherwise permitted pursuant to N.J.A.C. 7:50-4 and 7:50-5;
(2)
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands dilution model dated December 1993, as amended, incorporated herein by reference as subchapter Appendix A, subject to the provisions of Subsection D(3) below. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.30 or 7:50-5.47;
(3)
Only contiguous land located within the same municipal
zoning district and Pinelands management area as the proposed septic
wastewater treatment system or systems may be utilized for septic
dilution purposes, except for the development of an individual single-family
dwelling on a lot existing as of January 14, 1981, nonresidential
development of a lot of five acres or less existing as of January
14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(4)
The depth to seasonal high-water table is at least
five feet;
(5)
Any potable water well will be drilled and cased to
a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
(6)
The system will be maintained and inspected in accordance
with the requirements of N.J.A.C. 7:50-6.85;
(7)
The technology has been approved for use by the New
Jersey Department of Environmental Protection; and
(8)
Flow values for nonresidential development shall be
determined based on the values contained in N.J.A.C. 7:9A-7.4, as
amended, except that number of employees may not be utilized in calculating
flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does
not provide flow values for a specific use, but a flow value is assigned
for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in
N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
E.
Individual on-site septic wastewater treatment systems which are
intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
[Amended 12-13-2018 by Ord. No. 657]
(2)
If the proposed development is nonresidential and is located in the
Pinelands Rural Development Area, the standards of N.J.A.C. 7:50-6.84(a)5iii(2)
are met.
(3)
The design of the system and its discharge point, and the size of
the entire contiguous parcel on which the system or systems are located,
will ensure that groundwater exiting from the entire contiguous parcel
or entering a surface body of water will not exceed two parts per
million nitrate/nitrogen calculated pursuant to the Pinelands dilution
model dated December 1993, as amended (Appendix A),[1] subject to the provisions of Subsection D(3) above and based on the assumptions and requirements of N.J.A.C. 7:50-6.84(a)5iv. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed-restricted pursuant to N.J.A.C. 7:50-5.30 or 7:50-5.47.
[1]
Editor's Note: Appendix A is on file in the office of the
Borough Clerk.
F.
See also N.J.A.C. 7:50-6.84 to 6.90.
In order to provide for the safety and general
welfare of the public, all subdivisions which will result in five
or more dwelling units shall set aside areas for off-street recreation
and/or play areas. The requirements for recreation and open space
shall be approved by the Planning Board and be dependant upon the
type and number of residential units proposed in a development. In
lieu thereof and prior to preliminary approval, the Board may require
the developer to contribute to the Borough for the purpose of recreation,
a cash sum or other appropriate gift in an amount equal to the fair
market value of the area of land and recreational improvements that
would otherwise have been required. Required recreational facilities
shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1-3.
A.
General regulations. The off-street parking of a recreational
vehicle, hereinafter referred to an "RV" in Lakes Residential Zone
shall only be permitted as follows:
(1)
Inside parking; or
(2)
Outside parking in the rear yard; or
(3)
Outside parking in the side yard, provided:
(a)
Inside parking is not possible;
(b)
Space is not available or there is no reasonable
access to the rear yard; a corner lot is always presumed to have access
to the rear yard; a fence is not necessarily deemed to prevent reasonable
access;
(c)
Removal of existing trees in the rear yard would
violate the limitations of such removal as set forth in this chapter;
(d)
There is maximum utilization of natural vegetation
for screening the RV from adjoining properties;
(e)
There is a minimum distance of 10 feet between
the RV and structures on adjoining lots;
(f)
There is a minimum distance of 10 feet between
the RV and any property line.
(4)
Outside parking in the front yard if it is not possible
to park inside or in the rear or side yard, provided:
(a)
The RV is parking not less than 15 feet from
the right-of-way line of any public road;
(b)
There is a maximum utilization of natural vegetation
for screening the RV from the road and adjoining properties;
(c)
There is a minimum distance of 10 feet between
the RV and structures on adjoining properties;
(d)
There is a minimum distance of 10 feet between
the RV and any property line;
(e)
That the RV will not interfere with or obstruct
visibility at any road intersection.
(5)
The area of ground coverage encompassed by the parked
RV, other than a RV to be parked for not more than 30 days, combined
with the area of all existing buildings on the property shall not
exceed the maximum percentage of a lot to be occupied by buildings
or structures as set forth in this chapter.
(6)
No RV shall be parked unless it is in condition for
safe and effective performance of the function for which it is intended
or can be made so at a cost not exceeding the value of the RV in its
existing state. In no case shall any such RV be so parked for a period
of more than two months if not in condition for safe and effective
performance of the function for which it is intended. No RV intended
for land use or trailer for an RV intended for water use shall have
the wheels removed and blocks substituted.
(7)
The RV shall have and display thereon a current state
license and/or registration.
(8)
The parked RV shall not be occupied for living or
sleeping purposes at any time and shall not have connection to electricity,
water, gas, or sanitary sewer facilities within the Borough. The temporary
connection to electricity for charging batteries and other maintenance
work is permissible.
(9)
Motors or engines that are a part of or attached to
or used with the equipment shall not be worked on or tested in such
a manner as to annoy and disturb adjacent property owners or occupants
and, specifically, motors or engines shall not be worked on or tested
on any day before 9:00 a.m. or after 7:30 p.m. prevailing time, and
further, testing of said motors or engines shall not be permitted
for more than 15 minutes consecutively at any time during said day,
provided that such testing does not violate any ordinance of the Borough.
(10)
The exterior parking area shall be maintained
in a clean and sanitary condition, free from any accumulation of garbage
or rubbish. The repair and maintenance functions detailed herein shall
be performed in such a manner as to keep the premises free from rodents,
vermin and insects.
(11)
No RV shall be parking in a right-of-way except
for active loading or unloading and shall not interfere with the passage
of traffic.
(12)
An RV shall be owned by the resident of the
property upon which such vehicle is parked. An RV which is the property
of a guest or relative visiting the resident may be temporarily parked
on the resident's property for a period not in excess of 14 days.
B.
Specific prohibitions.
(1)
No RV shall be used for the storage of goods, materials,
or equipment other than those items considered a part of the unit
or essential for its immediate use.
(2)
Cooking is not permitted in a RV at any time. Butane
or propane fuel shall not be used while the vehicle is parking within
the Borough.
A.
All nonresidential uses storing refuse outside shall
provide and utilize opaque trash enclosures. Dumpsters shall be located
within attractive, opaque enclosures, with landscaping as appropriate.
B.
All nonresidential trash enclosures shall be located
so as to be hidden from passing motorists.
C.
Standard containers for recyclable and nonrecyclable
materials shall be provided.
A.
Scenic corridors. In the Lakes Suburban Reserve Zone,
all public paved roads shall be considered scenic corridors, except
for those roads which provide for internal circulation within residentially
developed areas. No permit shall be issued for development unless
the applicant demonstrates that all buildings are set back at least
100 feet from the center line of the corridor. If compliance with
the one-hundred-foot setback is constrained by environmental or other
physical considerations, or the existing development patterns of the
corridor are such that buildings are set back less than 100 feet with
1,000 feet of the site proposed for development, then a setback shall
be established as close to 100 feet as practicable.
B.
Screening of utility structures. Aboveground generating
facilities, switching complexes, pumping stations, and substations
shall be screened with vegetation from adjacent uses in accordance
with the Borough ordinances.
A.
When the effective operation of a building or structure,
or equipment within a building or structure, necessitates placing
machinery, motors, generators or similar devices for cooling, heating
or generating purposes outside or on top of any structure, it shall
be screened from public view. Said screening may consist of any of
the following materials:
(1)
Densely planted evergreen shrubs which shall grow
to not less than five feet after one growing season.
(2)
A solid and uniform fence at least five feet in height
on four sides of said equipment.
(3)
A masonry wall at least five feet in height on four,
sides of said equipment.
(4)
Any similar type of solid or uniform screening which
will prevent exposure of such equipment to public view.
B.
The above requirements shall not be construed to prevent
an opening in any required screening for maintenance purposes. However,
any such opening shall be made as inconspicuous as possible so as
not to prevent any unsightly display of said equipment to public view.
A.
Types. The following types of signs only shall be
permitted:
(1)
Official highway, route number or street name signs,
direction signs and other official traffic signs may be erected on
the public roads and highways in the interest of public safety or
for the regulation of traffic.
(2)
Signs of a school, church, camp, club, golf course,
athletic field or other recreational area, or other similar institutions
may be erected and maintained, provided that the area of any such
sign shall not exceed 12 square feet and not more than one such sign
shall be placed on the premises held in single and separate ownership,
unless such premises front on more than one street in which case one
such sign may be erected on each street frontage.
(3)
Signs prohibiting or otherwise controlling trespassing
upon particular premises or indicating the private nature of a road,
driveway, or premises may be erected and maintained, provided that
the area of any such sign shall not exceed one square foot.
(4)
Signs exhibiting the name given to the property by
the owner or occupant, provided that the size of any such sign shall
not exceed one square foot.
(5)
Signs advertising a permitted accessory use in the
Lakes Residential District, provided that the size of any such sign
shall not exceed one square foot and that any such sign shall be attached
to the building where such accessory use exists.
(6)
In the Lakes Commercial District, commercial signs
which are placed on a building or a lot on which the use to which
the sign relates is conducted may be erected and maintained, provided
that the total area on one side of all such signs placed on or facing
one street frontage of any one premises shall not exceed 50 square
feet or 5% of the wall surface, whichever is smaller, when the sign
is erected on the wall of a building. In computing the area of a wall
for purposes of obtaining permitted sign size, window and door area
shall be included. Commercial signs shall not be permitted in any
area other than in the Lakes Commercial Zone. This includes signs
or advertisements on any athletic or recreation field or facility.
[Amended 12-8-2005 by Ord. No. 510]
(7)
Temporary signs.
[Amended 12-8-2005 by Ord. No. 510]
(a)
PERSON
TEMPORARY SIGN
Definitions. As used in this Subsection A(7), the following terms shall have the meanings indicated:
Any individual, partnership, association profit or nonprofit
corporation or other entity.
Any exterior poster, sign, billboard, handbill, advertisement,
dispensers for same or other material which is not intended to remain
permanently at a particular location.
[Amended 5-22-2008 by Ord. No. 546]
(b)
Temporary signs shall be permitted only as hereinafter
provided. All temporary signs are subject to the following requirements:
[Amended 5-22-2008 by Ord. No. 546]
[1]
Only one temporary sign shall be permitted at
any time.
[2]
The size of the sign shall not exceed six square
feet, and it shall not exceed four feet in height.
[3]
Said sign(s) shall not be illuminated and shall
have no moving parts.
[4]
The sign shall be set so that same shall not
encroach upon the public right-of-way.
[5]
No portion of the sign shall be closer than
10 feet to the roadway, nor within 15 feet of the side property line,
nor within 50 feet of any lake, pond or stream.
[6]
The period of time during which any such temporary
sign is permitted shall not exceed 45 days.
(c)
The following temporary signs shall be permitted:
[1]
Temporary signs announcing any educational,
charitable, civic, religious, community or like event.
[2]
Election signs. Temporary election signs (political
or community) shall not be erected prior to 30 days before any election
and shall be removed not more than 48 hours after the election. The
name and address of the person or organization responsible for the
sign shall be printed on the sign, in accordance with N.J.S.A. 19:34-38.1.
Election signs shall not exceed six square feet in area. No permit
or fee shall be required for their installation. The signs must be
erected 15 feet from the roadway and at least 15 feet from adjoining
property.
[3]
Garage and yard sale signs and directional signs.
[a]
Temporary directional signs shall
be permitted providing directions to a garage or yard sale, real estate
open houses, or other similar event.
[b]
Such signs shall not exceed six
square feet in size and shall only be displayed during a period beginning
at 6:00 p.m. Friday to 5:00 p.m. Sunday, after which time they must
be removed. Such signs shall not be permitted more than twice per
year per property.
[c]
There shall be no more than three
directional signs and one sign at the garage or yard sale or property
location.
[d]
Signs must be located on the property
of persons who authorize same.
[e]
Any garage or yard sale or other
directional sign not conforming to this subsection shall constitute
prima facie evidence that the addressee shown on the sign has violated
this subsection.
[4]
Real estate signs.
[Amended 5-22-2008 by Ord. No. 546]
[a]
Signs indicating premises for sale
or rent shall be no larger than six square feet in area. No portion
of the sign shall be closer than 10 feet to the roadway, nor within
15 feet of the side yard, nor within 50 feet of any lake, pond or
stream, nor shall any portion of the sign be illuminated.
[b]
Signs shall be removed within 48
hours of a binding agreement of sale for the subject premises.
[c]
The erection of said signs shall
be deemed permission of the person or persons erecting said sign to
permit the removal thereof in the event of noncompliance with the
terms of this subsection.
[5]
Truck, automobile, and other vehicles or watercraft
for sale or rent signs, subject to New Jersey Motor Vehicle Code laws
and regulations, shall be permitted for a period of time not exceeding
21 days. The signs must be affixed in the window of the vehicle. Such
vehicles must be located on the property or the front portion of the
owner's property. Such signs shall not be permitted more than twice
per year per property.
(d)
The Zoning Officer shall have the discretion
to prohibit the erection, and/or to remove or order the removal, of
any temporary sign he or she deems to present a hazard to the public
or to be in noncompliance with this subsection, and he or she shall
have the authority to remove such sign.
(e)
The Borough of Medford Lakes Police Department
is given the authority, in addition to the Zoning Officer, to enforce
the provisions of this subsection relating to signs.
(f)
Mobile signs of any kind are expressly prohibited.
(g)
Sandwich board or small freestanding signs of
any type are expressly prohibited in all zones.
(h)
The provisions of this subsection shall be enforceable
against the owner of the property bearing a nonconforming sign, the
person responsible for erecting a nonconforming sign, and the person
or persons advertising the subject matter of a nonconforming sign.
(i)
Signs shall not be affixed to any tree or utility
pole. They shall be mounted on their own stakes or stanchions along
any public street in a safe manner, without projecting over the Borough
right-of-way. Said signs shall not be located in a sight triangle,
and said sign shall be placed in such position so as to not interfere
with safe passage for pedestrian traffic, and so as to not interfere
with safe vehicular traffic.
(8)
Existing lawful off-site commercial advertising signs,
in existence as of January 14, 1981. In addition, off-site outdoor
signs advertising agricultural commercial establishments shall be
permitted, provided that:
(9)
All other signs shall be prohibited.
B.
Restrictions. The following restrictions shall apply
to all permitted sign uses:
(1)
Animated, flashing and illusionary signs. Signs using
mechanical or electrical devices to revolve, flash or display movement
or the illusion of movement are prohibited.
(2)
Height. No freestanding sign shall exceed 20 feet,
and no attached sign shall be higher at any point than the roofline
of the building. In addition, no attached sign shall project into
or hang over a street right-of-way, and no sign shall project beyond
a building in a manner placing it above an area traversed by motor
vehicles, such as, but not limited to, driveways and parking areas.
Where signs project beyond a building facade or wall over a pedestrianway,
the lowest portion of the sign shall be at least 10 feet above the
walkway.
(3)
Illuminated signs. Outdoor advertising signs permitted
by ordinance shall not be illuminated internally and may only utilize
shielded lighting mounted on the top of the advertising display directed
downward.
(4)
Portable signs. No sign shall be exhibited which is
portable, i.e., fixed on a movable stand; self-supporting without
being firmly embedded in the ground; supported by other objects; mounted
on wheels or movable vehicles; or made easily movable in some other
manner.
(5)
Sign area shall be measured around the outside edges
of a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including the background, whether open or enclosed,
but said area shall not include any supporting framework and bracing
incidental to the display itself.
(6)
Signs and sign structures of all types shall be located
to allow a clear, unobstructed line of sight for 300 feet from the
stop line of any intersection of streets and/or driveways.
(7)
Signs with two exposures shall be measured for area
by using the surface area of one side of the sign only.
(8)
Freestanding signs. Freestanding signs shall be permitted
in commercial zones as follows:
(a)
No more than one sign shall be permitted for
any one use.
(b)
The maximum height of any such sign shall be
20 feet.
(c)
Any such sign shall be set back from the public
right-of-way line at least 10 feet.
(d)
Any such sign shall be set back from the side
yard line at least 10 feet.
(e)
The maximum area of the sign shall be the lesser
of the two square feet per running foot of street frontage adjacent
to building or portion actually occupied or 50 square feet.
(f)
Directional signs containing no advertising
matter and not exceeding eight square feet in size shall be not deemed
freestanding signs for the purpose of this section.
C.
General safety regulations and permits.
(1)
General safety regulations. For the safety and protection
of the general public, the following regulations shall apply to all
signs in the Borough:
(a)
No sign shall be erected in such manner as to
confuse or obstruct the view or interpretation of any traffic sign,
signal or device.
(b)
No sign shall be erected or maintained at such
location or in such manner as to obstruct free vision at any intersection.
(c)
Where signs are permitted to be illuminated,
illumination may be internal or external but may not be of the flashing
variety or animated in any way.
(d)
No freestanding sign shall extend 20 feet in
height, and no attached sign shall be higher at any point than the
roofline of the building to which it is affixed. Furthermore, no attached
sign shall project into or hang over a street right-of-way nor project
beyond a building in a manner as to place it above an area utilized
by motor vehicles such as, but not limited to, driveways, and parking
areas. Where a sign projects a building facade or wall over a pedestrianway,
the lowest portion of the sign shall be at least 10 feet above the
walkway.
(e)
In special situations upon a showing of extreme
practical difficulty, extraordinary circumstances and/or undue hardship,
the Planning Board is authorized to permit signs of a height not exceeding
20 feet.
(f)
Lighted signs, where permitted, shall be so
arranged as reflect the light and glare away from adjoining premises
and away from abutting highways. Lighted signs shall comply with the
National Electrical Code and bear the Underwriter's Laboratory seal.
All externally lighted signs shall be lighted from the bottom or the
top with the lights appropriately shielded.
(g)
The enforcing authority shall require the proper
maintenance of all signs and shall inspect every sign for which a
permit has been issued within 30 days after it is erected. All signs,
together with all of their supports, shall be kept in repair and in
proper state of preservation. The display surfaces of all signs shall
be kept neatly painted or posted at all times. The enforcing authority
may order removal of any sign that is not maintained in accordance
with the provisions of this chapter. No fee shall be charged for a
permit to repair an existing sign.
(2)
Permits.
(a)
Permit required. No sign shall hereafter be
erected, re-erected, constructed or altered except as provided in
this chapter and after a permit for the same has been issued by the
Planning Board.
(b)
Application procedures. Plans and detailed information
shall be submitted with each application for a sign permit, setting
forth the dimensions of the sign, the materials incorporated in its
construction, the methods and materials used to support the sign,
the type of illumination, if any, and its exact location on the building
or premises. A sketch of the proposed sign, drawn to a scale of not
less than 1/2 inch to one foot, shall be provided.
(c)
Compliance with codes and ordinances. Structural
features of signs shall be as may be specified from time to time in
the Construction Code,[1] but this chapter takes precedence with respect to area,
location, illumination and other characteristics.
(d)
Consent required. The application for permit
shall be accompanied by the written consent of the owner or lessor
of the property.
(e)
Fees. A fee of $75 shall be paid before a permit
for the erection of each sign requiring a permit is issued by the
appropriate authority.
D.
Violations and penalties. Any person, association
or corporation installing any temporary or permanent sign without
being properly licensed therefor, or who or which shall violate any
of the other terms and regulations of this section shall, upon conviction,
be fined no less than $50 nor more than $1,000 for each violation.
Each day that such installation of any temporary or permanent sign
shall continue without being duly licensed shall be considered a separate
violation.
[Amended 3-22-2023 by Ord. No. 693]
Surface water runoff resulting from any development permitted under this chapter shall comply with the requirements of Chapter 204.
A.
General regulations.
(1)
Only one private residential aboveground or in-ground
swimming pool, shall be constructed or installed on any one building
lot. Permits shall be required for the construction of a pool, and
all applicable zoning requirements must be met. Inflatable child pools
are exempt. No residential swimming pool shall be constructed on a
building lot unless said building lot also contains a residence.
[Amended 6-23-2010 by Ord. No. 566]
(2)
All swimming pools and appurtenances thereto, both
inground and above ground, shall be located in the rear yard only
and shall not be located closer than 10 feet to any lot line except
for corner lots. For corner lots, swimming pools and appurtenances
thereto may not be located closer than 25 feet to a street line or
closer than 10 feet to any lot line.
(3)
A swimming pool shall occupy no more than 50% of the
rear yard area in which it is located.
(4)
Pools shall be considered impervious surfaces, which
shall not exceed the impervious surface ratio of the zone when included
with other impervious surfaces.
(5)
A swimming pool must be surrounded by a fence six
feet in height and conform to the standards set forth in the Medford
Lakes ordinances. Safety reasons require that pool fences comply with
the Borough's swimming pool standards rather than the general fencing
regulation.
(6)
All swimming pools shall meet the appropriate design
standards as set forth by the National Swimming Pool Institute.
(7)
Pool effluent, which is the result of draining, cleaning,
filtering, flushing or other pool maintenance operation, shall not
be permitted to flow overland across adjacent property lines.
(8)
Swimming pools and the appurtenances thereto are granted
an additional 5% lot coverage.
(9)
For purposes of this section the term "swimming pool"
includes, but is not limited to, pools, hot tubs, and spas.
B.
Construction and maintenance. Construction and maintenance
of swimming pools must be in accordance with the current Medford Lakes
ordinances.
No soil or topsoil shall be removed from sites
unless approval from the Borough is obtained. No approval shall be
granted unless a soil erosion and sediment control plan has been approved
by the Soil Conservation District for the site plan and the disposal
area. A construction haul route shall also be submitted to the Borough
for approval prior to commencement of excavation. Topsoil stockpiled
during construction shall be redistributed to provide at least six
inches of cover to all areas of the subdivision or site plan and shall
be stabilized by seeding or sodding. Copies of the soil erosion and
sediment control plan shall be submitted with the preliminary subdivision
or site plan together with calculations of quantities of soil or topsoil
to be removed.
A.
New utility distribution lines and telephone lines
to locations not presently served by utilities shall be placed underground,
except for those lines which are located on or adjacent to active
agricultural operations.
B.
All electric utility transmission lines shall be located
within existing rights-of-way on existing towers or underground to
the maximum extent practical.
C.
See also Residential Site Improvement Standards.
A.
All clearing and soil disturbance activities shall
be limited to that which is necessary to accommodate an activity,
use or structure which is permitted by this chapter.
B.
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
C.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.
D.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C above shall incorporate the following elements:
(1)
The limits of clearing shall be identified;
(2)
Existing vegetation, including New Jersey's record
trees as published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated, shall be incorporated into the landscape
design where practical;
(3)
Permanent lawn or turf areas shall be limited to those
specifically intended for active human use such as play fields, golf
courses and lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25
shall be used for revegetation or landscaping purposes. Other shrubs
and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs
contain a predominance of shrubs and tree species not authorized by
N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings
and other structures; or
(c)
When limited use of other shrubs or tree species
is required for proper screening or buffering.
E.
Development prohibited in the vicinity of threatened
or endangered plants. No development shall be carried out by any person
unless it is designed to avoid irreversible adverse impacts on the
survival of any local populations of threatened or endangered plants
of the Pinelands designated in N.J.A.C. 7:50-6.27.
A.
No hazardous or toxic substances, including hazardous
wastes, shall be stored, transferred, processed, discharged, disposed
or otherwise used in the Borough. The land application of waste or
waste-derived materials is prohibited in the Pinelands Area, except
as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities
shall only be permitted in the Borough in accordance with the standards
set forth in N.J.A.C. 7:50-6.
B.
No materials or wastes shall be deposited upon a lot
in such form or manner than they can be transferred off the lot, directly
or indirectly, by natural forces such as precipitation, evaporation
or wind.
C.
No flammable or explosive substance shall be stored
on a property except under conditions approved by the Fire Department
and the New Jersey Department of Labor and Industry.
D.
All storage facilities for deicing chemicals shall
be lined to prevent leaking into the soil and shall be covered with
an impermeable surface which shields the facility from precipitation.
E.
The owners of commercial petroleum storage tanks shall
comply with the requirements of NJDEP.
F.
The owner of every commercial petroleum storage tank
shall have the tank pressure tested at installation and every five
years thereafter and shall submit a sworn statement to the Borough
Engineer that the tank is watertight.
A.
Development shall be prohibited in all wetlands and
wetland transition areas in the Borough pursuant to N.J.A.C. 7:50-6.14
except as specifically authorized in this section and in accordance
with the Pinelands Comprehensive Management Plan.
B.
Horticulture of native Pinelands species and berry
agriculture shall be permitted in all wetlands subject to the requirements
of N.J.A.C. 7:50-6.53.
C.
Beekeeping shall be permitted in all wetlands.
D.
Forestry shall be permitted in all wetlands subject
to the requirements of N.J.A.C. 7:50-6.41 et seq.
[Amended 12-21-2011 by Ord. No. 592]
E.
Fish and wildlife management and wetlands management
shall be in accordance with N.J.A.C. 7:50-6.10.
[Amended 12-21-2011 by Ord. No. 592]
F.
Hunting, fishing, trapping, hiking, boating, swimming
and other similar low-intensity recreational uses shall be permitted
in all wetlands, provided that such uses do not involve any structure
other than those authorized in this section.
G.
Docks, piers, moorings, and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as set forth in Subsection K hereof, and conforms to all state and federal regulations.
H.
Commercial or public docks, piers, moorings, and boat
launches shall be permitted, provided that:
I.
Bridges, roads, trails and utility transmission and
distribution facilities and other similar linear facilities shall
be permitted, provided that:
(1)
There is no feasible alternative route for the facility
which does not involve development in a wetland, or, if none, that
another feasible route which results in less significant adverse impacts
on wetlands does not exist;
(2)
The need for the proposed improvement cannot be met
by existing facilities or modification thereof;
(3)
The use represents a need which overrides the importance
of protecting the wetland;
(4)
Development of the facility will include all practical
measures to mitigate the adverse impact on the wetland; and
(5)
The resources of the Pinelands will not be substantially
impaired as a result of the facility and its development as determined
exclusively based on the existence of special and unusual circumstances.
J.
No development, except for those uses which are specifically authorized in this section, shall be carried out within 300 feet of any wetland, unless it has been demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in Subsection K hereof.
K.
A significant adverse impact shall be deemed to exist
where it is determined that one or more of the following modifications
of a wetland will have an irreversible effect on the ecological integrity
of the wetland and its biotic components:
(1)
An increase in surface water runoff discharging into
a wetland;
(2)
A change in the normal seasonal flow patterns in the
wetland;
(3)
An alteration of the water table in the wetland;
(4)
An increase in erosion resulting in increased sedimentation
in the wetland;
(5)
A change in the natural chemistry of the ground- or
surface water in the wetland;
(6)
A loss of wetland habitat;
(7)
A reduction in wetland habitat diversity;
(8)
A change in wetlands species composition; or
(9)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting, or feeding.
No residential dwelling unit or nonresidential
use shall be located on a lot of less than one parcel unless served
by a centralized wastewater treatment plant. Notwithstanding this
requirement, an application for residential development not served
by a centralized wastewater treatment plant on a lot between 20,000
square feet and one acre in size within the Lakes Residential District
may be considered without the necessity for a municipal lot size or
density variance, provided a waiver of strict compliance is granted
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
A.
Any municipal variance which grants relief from the lot area requirements set forth in § 145-34 for the Lakes Residential District shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
B.
Any municipal variance or other approval for the development
of a residential use in a zone in which residential uses are not permitted
shall require that Pinelands development credits be used for 50% of
the authorized units for parcels under 10 acres in size; for 75% of
the authorized units for parcels between 10 and 20 acres in size and
for 100% of the authorized units for parcels over 20 acres in size.
This section was adopted to conform with the Pinelands Comprehensive
Management Plan.
[Amended 7-26-2001 by Ord. No. 471]
C.
Pinelands development credits may be allocated to
certain properties in the Borough by the Pinelands Commission in accordance
with N.J.A.C. 7:50-4.61 et seq.
D.
Pinelands development credits may be used in the Borough
when a waiver of strict compliance is granted by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.61 et seq.
E.
The requirements of N.J.A.C. 7:50-5.41 et seq. shall
apply when Pinelands development credits are either allocated or used
in the Borough.
[Amended 12-21-2011 by Ord. No. 592]
No more than one principal use shall be located
on one lot, except for forestry, agriculture, horticulture, fish and
wildlife management, wetlands management, and recreational development
on agricultural lands.
[Added 6-9-2021 by Ord. No. 678]
A.
All
uses not expressly permitted in this Part 1 are prohibited.
B.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services, as said terms are defined in Section 3 of P.L.
2021, c. 16,[1] are specifically prohibited. However, the delivery of
cannabis items and related supplies by a delivery service shall be
permitted, as required by state law.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
