Borough of Beach Haven, NJ Chapter 167 Site Plan Review

[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 7-9-1979 by Ord. No. 79-10. Amendments noted where applicable.]

GENERAL REFERENCES

Land use administration — See Ch. 19.

Uniform construction codes — See Ch. 74.

Land development fees — See Ch. 90, Art. I.

Flood hazard areas — See Ch. 101.

Noise — See Ch. 134.

Streets and sidewalks — See Ch. 176.

Subdivision of land — See Ch. 179.

Zoning — See Ch. 212.

§ 167-1 Title.

This chapter shall be known as the "Borough of Beach Haven Site Plan Ordinance."

§ 167-2 Definitions.

[Amended 5-26-1981 by Ord. No. 81-5]

A. Whenever a word or phrase used in this chapter is defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, such term is intended to have the meaning set forth in the definition of such term in that statute unless a contrary intention is clearly and explicitly expressed from the context of this chapter.

B. The following words and phrases when used herein shall be defined as follows:

APPROVING AUTHORITY

The Borough Planning Board or Board of Adjustment, when acting pursuant to the authority of the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, as amended and supplemented.

EXEMPT SITE PLAN

Site plan approval by the approving authority shall not be required for development of detached, one- or two-dwelling-unit buildings on individual lots.

LAND USE PROCEDURE ORDINANCE

Chapter 19, Part 2, of the Code of the Borough of Beach Haven, County of Ocean and State of New Jersey, entitled "Land Use Procedures," as amended and supplemented.

[1]

MINOR SITE PLAN

A site plan with no more than one building with a total floor area not in excess of 2,500 square feet, involving no more than one parcel of ground, containing no new or altered public streets or roads and involving no change of grades or other alterations of established drainage patterns.

[1] Editor's Note: Former Ch. 19, Land Use Administration, Part 2, Land Use Procedures, was repealed 5-13-2002 by Ord. No. 2002-6. See now Ch. 19, Land Use Administration.

§ 167-3 Site plan approval required.

A. Site plan approval by the approving authority is required prior to the issuance of a building permit, zoning permit or certificate of occupancy for all developments or any other activities or changes whatsoever which do not meet the definition of an exempt site plan as set forth in § 167-2 of this chapter.

[Amended 6-23-1997 by Ord. No. 97-9; 7-11-2005 by Ord. No. 2005-15]

B. Site development plans shall be so designed to enhance the general appearance of the Borough, to promote the harmonious use of land, to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health, morals and general welfare, to provide adequate light and air, to prevent the overcrowding of land and buildings and to encourage development and designs consistent with the purpose of the Zoning and Subdivision Ordinances of the Borough.[1]

[1] Editor's Note: See Ch. 212, Zoning, and Ch. 179, Subdivision of Land.

C. The requirement for site plan approval shall not limit the requirements for submission of an application to the approving authority for variance or subdivision approval as otherwise required by Borough ordinance or other applicable law.

D. All development or other activity or change requiring or resulting from site plan approval shall comply with the zoning and subdivision requirements of the Borough, as well as all Borough design and performance standards, including off-street parking requirements and including conditions imposed by the approving authority, as shown on the approval plat and as included in the resolution adopted by the approving authority.

[Amended 6-23-1997 by Ord. No. 97-9]

E. Building materials and architectural style. Particular attention must be given to the architectural style, selection of materials, building scale, color and texture incorporated into the overall design of the project. Accordingly, as part of the site plan review process, samples of all building materials to be utilized will be submitted to the Planning Board Engineer for his review and recommendation prior to being submitted to the Planning Board for its approval. Building materials to be utilized shall be specified on the architectural schematic plans submitted as part of the site plan and subdivision application.

[Added 2-25-1985 by Ord. No. 85-3]

§ 167-4 Preliminary approval.

A. Notice. The applicant for preliminary site plan approval shall comply with the notice requirements of § 19-38 of the Borough's Land Use Procedure Ordinance.[1]

[1] Editor's Note: See now § 19-8, Notice.

B. Filing procedure. The applicant shall file with the Borough Clerk, 21 days prior to the next public meeting of the approving authority:

[Amended 5-26-1981 by Ord. No. 81-5; 2-24-1986 by Ord. No. 86-3; 3-28-1988 by Ord. No. 88-6]

(1) Twelve copies of the completed preliminary site plan.

(2) Twelve copies of the completed application for the Planning Board. The application shall include copies of all deed restrictions and restrictive covenants pertaining to the property proposed to be developed by the site plan.

(3) A certification from the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application.

(4) One copy of a list of all permits required for development of the site plan, including a notation as to those permits which have been applied for and/or received.

(5) The appropriate review fee as determined in this Code for preliminary site plan approval.[2]

[2] Editor's Note: See Ch. 90, Fees, Article I.

C. The approving authority shall review the application for its completeness and accept or reject the submission as a complete application in accordance with the provisions of the Land Use Procedure Ordinance.

D. If the submission is accepted as complete, the approving authority shall grant or deny preliminary site plan approval in accordance with the provisions of this chapter, the Land Use Procedure Ordinance and all other applicable laws and ordinances.

E. All preliminary site plans shall be submitted in accordance with the provisions and details set forth in § 167-7 of this chapter.

§ 167-5 Final approval.

A. Notice. The applicant for final site plan approval shall comply with the notice requirements of § 19-38 of the Borough's Land Use Procedure Ordinance.[1]

[1] Editor's Note: See now § 19-8, Notice.

B. Filing procedure. The applicant shall file with the Borough Clerk at least 15 days prior to the next public meeting of the approving authority:

(1) One copy of a completed application for final site plan approval.

[Amended 5-26-1981 by Ord. No. 81-5]

(2) Twelve copies of a completed final site plan, one of which shall consist of an original Mylar for signature by the approving authority.

(3) The appropriate review fee as determined in this Code for final site plan approval.[2]

[2] Editor's Note: See Ch. 90, Fees, Article I.

(4) The appropriate inspection fee as determined by the Borough Engineer in accordance with § 167-11 of this chapter.

(5) Certification from the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application.

(6) One copy of a list of all permits required for development of the site plan, including a notation as to those permits which have been applied for and/or received.

[Amended 5-26-1981 by Ord. No. 81-5]

(7) All required performance and maintenance guaranties.

C. The approving authority shall review the application for its completeness and accept or reject the submission as a complete application in accordance with the provisions of the Land Use Procedure Ordinance.

D. If the submission is accepted as complete, the approving authority shall grant or deny final site plan approval in accordance with the provisions of this chapter, the Land Use Procedure Ordinance and all other applicable laws and ordinances.

§ 167-6 Signature upon final approval.

Upon final approval of a site plan, the Chairman and Secretary of the approving authority shall sign the Mylar original and one paper print. The signed Mylar original shall be filed with the Borough Clerk, and the paper print shall be retained by the approving authority for its files. Immediately upon final approval, the Secretary of the approving authority shall forward a copy of the proposed final site plan to the Borough Tax Assessor, the Tax Collector and the Zoning Officer, respectively.

§ 167-7 Preliminary site plan details.

All site plans and supporting documents shall comply with the requirements hereinafter set forth and shall contain the following information and data:

A. Each site plan submitted shall be drawn to a scale of one inch equals 20 feet.

B. Filing procedure. The applicant shall file with the Borough Clerk, 21 days prior to the next public meeting of the approving authority:

[Amended 6-14-2021 by Ord. No. 2021-15C]

(1) Twelve copies of the completed preliminary site plan.

(2) Twelve copies of the completed application for the Planning Board. The application shall include copies of all deed restrictions and restrictive covenants pertaining to the property proposed to be developed by the site plan.

(3) A certification from the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application.

(4) One copy of a list of all permits required for development of the site plan, including a notation as to those permits which have been applied for and/or received.

(5) The appropriate review fee as determined in this Code for preliminary site plan approval.

(6) For all applications located within 150 feet of a body of water, an applicability determination from the Department of Environmental Protection that determines the applicability of CAFRA, the Wetlands Act of 1970 (13:9A-1 et seq.), and/or the Waterfront Development Law (12:5-3 et seq.) to a proposed project, received pursuant to N.J.A.C. 7:7-2.5.

C. Boundaries of the tract, North arrow and graphic scale.

D. Zone districts in which the lot(s) are located.

E. Existing and proposed streets and street names.

F. Existing and proposed contour lines at one-foot intervals inside the tract and within 50 feet of the tract's boundaries.

G. Existing and proposed buildings and accurate locations and sizes of all buildings on properties adjacent to and across the street from the property in question.

H. Title of plans and date of preparation.

I. Existing and proposed streams and easements.

J. Total building coverage in acres and percent of lot.

K. Total number of parking spaces.

L. All dimensions needed to confirm conformity with the Borough's Zoning Ordinance,[1] such as but not limited to buildings, lot lines, parking spaces, setbacks and yards.

[1] Editor's Note: See Ch. 212, Zoning.

M. A small key map giving the general location of the parcel to the remainder of the municipality.

N. The site in relation to all remaining lands in the applicant's ownership.

O. Size, height, location and arrangement of all existing and proposed buildings, structures and signs in accordance with the requirements of this chapter and all other applicable ordinances, including a rendering of each building or typical building and sign showing front elevations of the proposed use of all structures.

P. Proposed circulation plans, including access streets, curbs, aisles and lanes, easements, fire lanes, driveways, parking spaces, loading areas, loading berths or docks, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site in accordance with applicable requirements of this chapter and all other applicable ordinances, including the location of lights, lighting standards, signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be provided from each building entrance/exit along expected paths of pedestrian travel, such as but not limited to access to parking lots, driveways, other buildings on the site and across common yard spaces between buildings where pedestrian traffic can be expected to be concentrated. Plans shall be accompanied by cross sections of streets, aisles, lanes, curbing and driveways which shall adhere to applicable requirements of this chapter and applicable design standards of the Borough's Subdivision Ordinance.[2]

[2] Editor's Note: See Ch. 179, Subdivision of Land.

Q. Existing and proposed wooded areas, buffer areas and landscaping shall be shown on the plan. The landscaping plan, including seeded and/or sodded areas, grading, retaining walls, fencing, signs, recreation areas, shrubbery, trees and buffer areas, shall be in accordance with applicable requirements of this chapter and all other applicable Borough ordinances. These plans shall show the location and type of any man-made improvements and the location, species and caliber of plant material for all planted and landscaped areas.

R. The proposed location of all drainage, sewage and water facilities with proposed grades, sizes, capacities and types of material to be used, including any drainage easements acquired or required across adjoining properties. Such plans shall be reviewed by the Borough Engineer with recommendations to the approving authority. Proposed lighting facilities shall be included, showing the direction and reflection of the lighting. All utilities shall be installed underground.

S. Such other information or data as may be required by the approving authority in order to determine that the details of the site plan are in accordance with the standards of the Borough of Beach Haven and all other general laws.

T. Design load.

[Added 6-23-1997 by Ord. No. 97-9]

(1) The design load shall be provided which shall include all information necessary, including, if applicable, the number, design, nature and location of tables, chairs, stools and other seating, number nature and location of doors and other means of ingress and egress, in order for the appropriate board and/or officials to determine permissible occupancy loads for the subject site.

(2) The aforesaid design load information shall be provided to the office of the Ocean County Fire Marshal and the appropriate Beach Haven Construction Official and such other offices and purposes as the Beach Haven Land Use Board may from time to time require, simultaneously with the submission of the site plan application.

(3) A site plan application shall not be deemed complete until a designated occupancy load based upon the applicable fire and other codes and provided by the appropriate official is filed with the Borough of Beach Haven Land Use Board.

U. Any application to the Planning Board of the Borough of Beach Haven for site plan approval for construction of multifamily dwellings of three or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. The plan must contain at a minimum the following:

[Added 9-14-2009 by Ord. No. 2009-20]

(1) A detailed analysis of the expected composition and amount of solid waste and recyclables generated at the proposed development; and

(2) Locations documented on the applicant's site plan that provide for convenient recycling opportunities for all owners, tenants and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.

§ 167-8 Final site plan details.

The final site plan plat shall include all data required on the preliminary site plan plat, drawn to incorporate all changes required as a condition of preliminary approval. The information and design on the final site plan plat shall be in final design condition.

§ 167-9 Exceptions.

[Amended 3-10-2008 by Ord. No. 2008-4; 3-8-2021 by Ord. No. 2021-3C]

A. Any applicant who believes that the nature of the proposed use, occupancy, hours of operation, number of employees, on-site or off-site parking, square footage of the commercial area, loading, signage, landscaping and/or buffering, deliveries (types of vehicles and hours) and compliance with zoning regulations in that particular district are essentially the same for the existing use may apply to the Land Use Board for an exemption from the requirement to obtain formal site plan approval. The application, which will include materials to be obtained from the Mercantile Licensing Office or Land Use Secretary, shall be submitted to and reviewed by Site Plan Subcommittee of the Land Use Board, which shall consist of no more than three Class IV members, as appointed by the Chairman of the Land Use Board. In the event that the Site Plan Subcommittee finds that the proposed application will not essentially modify the existing use from the proposed use, the application for exemption can be approved by the Subcommittee. There will be no administrative charge or advertising requirement, nor a need for formal notification, for an application under this section. The Site Plan Subcommittee's approval or disapproval of the application will be announced and read into the record at the next regularly scheduled Land Use Board meeting. Any denial by the Site Plan Subcommittee shall be without prejudice and the applicant may apply to the full Land Use Board for site plan approval with request for an exemption.

B. Any applicant whose application for site plan exemption approval under § 167-9A which was denied without prejudice by the Site Plan Subcommittee may then apply to the full Land Use Board for site plan approval with request for an exemption under this section. The applicant shall submit complete application materials obtained from the Land Use Board Secretary, pay the necessary fees set forth in § 90-2, and the applicant shall comply with the notice requirements pursuant to N.J.S.A. 40:55D-12 et seq.

C. The approving authority, when acting upon an application for preliminary site plan approval, may grant such exceptions from the preliminary site plan details and design and performance standards set forth in this chapter or any other ordinance of the Borough as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval if the literal enforcement of one or more of said provisions will result in exceptional practical difficulties to or exceptional and undue hardship to the applicant because of peculiar conditions pertaining to the land in question.

§ 167-10 Standards and regulations.

Approving authority approval of a site plan shall be guided by the fact that the site plan conforms to the following standards and regulations:

A. The applicant has submitted a complete site plan containing all of the information and data as provided for in this chapter.

B. The details of the site plan are in accordance with the standards of the Zoning Ordinance, Subdivision Ordinance and any and all other ordinances of the Borough which may be in existence at the time of the application and in harmony with the officially adopted Comprehensive Master Plan of the Borough.[1]

[1] Editor's Note: See Ch. 212, Zoning, and Ch. 179, Subdivision of Land.

C. All parking and traffic problems shall be kept at a minimum by the use of engineering design features, such as acceleration and deceleration lanes, jug handles and marginal-access streets.

D. Adequate provisions are made to prevent drainage problems and to provide adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants of the property subject to the application.

E. All playgrounds, parking and service areas are reasonably screened from view of adjacent properties and streets at all seasons of the year where necessary for the purpose of protecting the health, safety, general welfare, comfort and convenience of the public.

F. The location, power, directions and time of any proposed outdoor lighting will not have an adverse effect upon any properties in any adjoining residential districts by impairing the established character or potential use of the properties in such districts.

G. The details of the site plan for the authorized use will be such that the operation will not offend the public interest.

H. Design standards for off-street parking, loading areas and driveways.

[Added 1-28-1985 by Ord. No. 84-27; amended 11-14-2005 by Ord. No. 2005-26]

(1) All parking and loading areas and access drives shall be constructed with either a minimum six inches Class A road gravel, two inches bituminous stabilized base course and 1 1/2 inch FABC-1 bituminous top course, or a minimum of six inches of Class A road gravel, and two inches of crushed stone. All parking areas, regardless of size and location, shall be suitably drained and maintained.

(2) All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.

(3) Parking spaces shall have a minimum dimension of nine feet wide by 18 feet in length, except that handicapped parking spaces shall be sized as required per the ADA code.

(4) All off-street parking and loading areas shall be provided with curbing so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones and street right-of-way and so that each parking and loading area has controlled entrances and exits and drainage control. Curbing shall be located to prevent any part of a vehicle from overhanging internal sidewalks or landscaped areas. Parking and loading spaces shall not be an extension of any street right-of-way.

(5) A buffer planting strip not less than five feet in width shall be provided between the parking lot curb and the property line.

(6) All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least 0.5 footcandles at intersections and 0.3 footcandles elsewhere in the area to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet measured from the ground level to the center line of the light source.

§ 167-11 Guaranties and inspections.

A. No final plat shall be approved by the approving authority until all required on-site and off-site improvements, including but not limited to those improvements set forth in the Borough of Beach Haven Subdivision Ordinance, as amended and supplemented,[1] have been installed, inspected, certified and approved by the Borough Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this chapter, or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body in accordance with the requirements of this chapter.

[1] Editor's Note: See Ch. 179, Subdivision of Land.

B. The performance guaranty shall consist of a performance bond in a form approved by the Borough Attorney, in which the applicant shall be principal and an acceptable surety company licensed to do business in the State of New Jersey shall be surety, or cash or a certified check which shall be deposited with the Borough of Beach Haven by payment to the Municipal Treasurer.

C. The total performance guaranty shall be an amount equal to 120% of the estimated cost of the necessary improvements as determined by the Borough Engineer. Ninety percent of this total shall be in either cash, certified check or surety bond of a bonding company approved by the governing body. The remaining 10% shall be in cash and shall be deposited with the Borough of Beach Haven by payment to the Municipal Treasurer.

D. Performance guaranties shall run for a term not to exceed 18 months; provided, however, that such guaranties, with the consent of the principal and surety, if any, may be extended by the governing body by resolution for an additional period of not to exceed 18 months.

E. At least one week prior to the beginning of construction or installation of any required improvements, the developer shall notify the Borough Engineer in writing of the developer's intention to commence such work. All improvements and utility installations shall be inspected during the time of their installation by the Borough Engineer or his designee to ensure satisfactory completion, and no underground installation shall be covered until inspected by the Borough Engineer or his designee. The cost of all inspections shall be the responsibility of the developer, and he shall deposit the necessary inspection fee with the Borough Clerk upon making application for final approval under this chapter or prior to the start of any construction, whichever shall first occur. The inspection fee shall be in addition to the amount of any required performance or maintenance guaranty and shall consist of 5% of the estimated cost of the improvements to be constructed as determined by the Borough Engineer. This fee shall be held in a separate escrow account by the Borough and used to pay the cost of inspecting the construction. It shall be the obligation of the developer to pay for the actual cost of inspecting the construction. Any excess money shall be remitted to the developer upon approval of all improvements as provided herein. Any additional inspection costs shall be paid by the developer prior to the approval of the improvements by the governing body, as provided for herein.

F. After completing the construction of the improvements covered by the performance guaranty, the developer shall make application to the governing body in writing by certified mail addressed to the Borough Clerk, with a copy sent by certified mail to the Borough Engineer for final inspection of such improvements. The Borough Engineer shall, within 30 days after his receipt of said application, inspect the improvements in question and report in writing to the governing body indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

G. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the developer in writing, by certified mail, of the contents of said report and the action of the approving authority not later than 65 days after receipt of the notice from the developer of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provisions of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety shall be released from all liability pursuant to said performance guaranty.

H. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section, shall be followed.

I. The approval of any plat under this chapter by the approving authority shall in no way be construed as an acceptance of any street, drainage system or other improvement required by this chapter, nor shall such plat approval obligate the Borough of Beach Haven in any way to maintain or exercise jurisdiction over such street and drainage system or other improvement. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action of the governing body.

§ 167-12 Maintenance guaranty.

No improvement shall be accepted, approved or partially approved by the governing body unless and until all of the following conditions have been met:

A. The Borough Engineer shall have certified in writing that the improvement is complete and that it complies fully with the requirements of this chapter and all other applicable laws and ordinances.

B. A maintenance guaranty is posted with the governing body for a period of two years after final acceptance of the improvement, in an amount equivalent to 15% of the cost of the improvement, as determined by the Borough Engineer. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or where the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.[1]

[1] Editor's Note: Original § 103-13, Fees, as amended 5-26-1981 by Ord. No. 81-5, was repealed 1-23-1984 by Ord. No. 84-3. For current site plan approval fees, see Ch. 90, Fees, Article I.

§ 167-13 Buffers.

Buffers are required along lot and street lines of all nonresidential lots where said property lines or the center line of adjacent streets abuts residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be prescribed. Buffer areas shall be measured horizontally and shall be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear 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, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:

A. Plant materials used in screen planting shall be at least four feet in height when planted and shall be of such density that all the glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. The plant materials shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.

B. Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.

C. The screen planting shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.

D. The buffer area shall not be broken unless specifically approved by the approving authority.

§ 167-14 Electricity.

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.

§ 167-15 Glare.

No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.

§ 167-16 Heat.

No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in the bay or ocean.

§ 167-17 Noise.

The sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, operations involved in the construction or demolition of structures or emergency alarm signals or time signals) shall not exceed the levels and operations as specified within Chapter 134, Noise.

§ 167-18 Odors.

Odors shall not be discernible at the lot line or beyond.

§ 167-19 Storage and waste disposal.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such a stream, watercourse or underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream, watercourse or underground aquifer. 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 or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.

§ 167-20 Filing of copy with County Planning Board. [1]

Immediately upon the adoption of this chapter, the Borough Clerk shall file a copy of the same with the County Planning Board as required by law.

[1] Editor's Note: Original § 103-22, Violations and penalties, which immediately preceded this section, was repealed 5-26-1981 by Ord. No. 81-6. For current penalty provisions, see § 1-16, General penalty provisions, of this Code.

§ 167-21 Expiration of approval.

[Added 6-14-2021 by Ord. No. 2021-15C]

A. Preliminary plans. Site plans receiving preliminary approval shall expire at the end of the statutory three-year period, unless extensions are granted by the LUB, as provided by law.

B. Final plans. The proposed construction receiving final site plan approval must obtain a building permit within two years from the date of final approval, which date shall be when the LUB took action on the application. Failure of the applicant to obtain a building permit within such periods will nullify and void the site plan. Time period extensions may be granted by the LUB, as provided by law.