No structure shall hereafter be erected, structurally
altered, or moved nor shall any lands or the buildings thereon be
used for any purpose except in conformity with all regulations hereinafter
established for the zone in which the land or structure is located,
nor shall any open space or yard area established for the purpose
of complying with the regulations of this chapter be reduced or encroached
upon in any manner except as shall be specifically permitted in this
chapter.
No building or part thereof shall be erected
within or project into any required yard area except in accordance
with the following provisions:
A.
An open entrance porch not more than 10 feet in width
shall not project more than eight feet into a required front yard
area. The provisions of this subsection shall apply to cheek walls
or similar wall structures which are utilized for landscaping or privacy
screening purposes.
B.
An open and unroofed patio not more than three feet
above ground level may extend into a required side or rear yard to
within 10 feet of a side or rear property line. Such patios, if at
ground level, may extend to within five feet of a side or rear property
line.
C.
No accessory building shall be permitted except in
rear yards. In the case of a corner lot, no accessory building or
structure shall project beyond the line of the existing principal
structure as such structure faces the street. When a building is constructed
in the shape of an "L," "T" or "U" and the shorter angle of the "L,"
"T" or "U" faces the rear lot line, then and in that event, accessory
structures shall be permitted in that portion of the lot between the
rear building line and the least projected exterior rear surface of
the principal dwelling. For the purposes set forth above, the portion
of the lot heretofore referred to shall not be deemed a side yard.
D.
The front setback line of any dwelling located in
a major subdivision shall be that line shown on the recorded plat.
Where a dwelling is not located in a major subdivision, the front
setback line shall be that shown in the schedule attached to the Zoning
Map.
E.
Parcels which constitute corner lots may use the side
yard schedule set forth in this chapter in order to satisfy rear yard
depth requirements.
F.
The projection of a chimney shall not be deemed a
violation of side yard requirements.
A.
No single-family residential structure shall exceed
2 1/2 stories or 35 feet nor any building accessory to a residential
structure exceed one story or 16 feet.
B.
Appurtenances attached to principal structures. House
of worship spires, belfries, domes or antennas attached to buildings,
silos or penthouses (not for human occupancy) chimneys, ventilators,
skylights, water tanks, bulkheads, and necessary mechanical appurtenances
usually carried above roof level shall not be considered when determining
the height of the building, and are generally not subject to height
limitations of any sort except that such features shall not exceed
20% of total roof area and shall not exceed a height such as is necessary
to accomplish the purpose for which it is intended to serve. In residential
zones, however, and on properties adjacent to single-family residential
zones, such appurtenances, which exceed the height limitation for
single-family residences by more than five feet shall not be located
nearer to any property line than a distance equal to its height above
the ground.
[Amended 9-25-2007 by Ord. No. O-07-25]
C.
Freestanding noncommercial accessories. Water towers,
radio and television antennas, windmills and flagpoles which are erected
as freestanding structures may be erected to a height which can be
demonstrated to the Planning Board is necessary to accomplish their
intended function. Such structures shall not be located within any
required front, side or rear yard setback areas and shall be subject
to the structural provisions of the New Jersey Uniform Construction
Code and the following:
(1)
Private radio or television antenna structures in
residential zones shall not be erected nearer to the lot lines than
the total height of the antenna structure, nor shall such structure
be installed near electric power line or encroach upon any street
or other public place. Such a structure not exceeding 12 feet in height
may be erected and maintained on the roof of any building.
(2)
Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97) which govern the height of licensed amateur operator radio antennas. Amateur radio operators shall submit a copy of their current FCC operator license and documentation of the required antenna height and construction details for any antenna or tower in excess of that permitted for private radio or television antennae structures in Subsection C(1) above. Such antennas or structures shall comply with New Jersey Uniform Construction Code structural design requirements for safety and shall not be located within any required front, side or rear yard setback areas. The height of the tower or antenna shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. Such structure shall not be utilized to support lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes.
(3)
Personal earth terminals as defined in § 190-3 shall be subject to the following:
(a)
A personal earth terminal may only be located
in the rear of any principal structure, shall not be closer to any
property line than the height of the antenna and may not be located
in a buffer area.
(b)
A personal earth terminal shall not violate the yard setback requirements applicable to accessory structures within the particular zone district as set forth in § 190-101, Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter.
(c)
A personal earth terminal may be erected only
on the ground or on a platform mat not exceeding one foot in height
in a secure fashion.
(d)
The height of a personal earth terminal shall
not exceed 12 feet.
(e)
The main reflector shall not exceed a diameter
of 10 feet.
(f)
All wiring or connecting cables between a personal
earth terminal and the principal building shall be buried underground.
(g)
A personal earth terminal shall be so located
and shall be effectively screened from view by natural plants, trees
or other suitable sight barriers, which shall be maintained in good
condition in order to minimize visibility of the earth terminal from
any adjacent property or public street as approved by the Planning
Board.
(h)
Only one personal earth terminal shall be permitted
on any property.
(i)
A personal earth terminal may only be erected
on a lot containing a principal structure and may only be used by
residents of the principal building on the property in question. Any
connection, by cable or otherwise, to adjacent properties shall constitute
a violation of yard and setback requirements.
D.
No sign, nameplate, display or advertising device
of any kind whatsoever shall be inscribed upon or attached to any
chimney, tower, tank or other structure without approval of the Planning
Board.
E.
In the M-1 Zone District, building height may be increased
to 75 feet provided that buildings which exceed 50 feet in height
shall be set back not less than 200 feet from all front property lines,
125 feet from all side and rear property lines and 200 feet from all
residential zones.
Except as might be hereinafter specifically
provided, there shall not be more than one principal residential building
erected on any lot.
No development shall take place upon a lot which
does not have frontage upon and direct access to a public street improved
to meet requirements of the Township or for which such improvements
have been guaranteed in accordance with requirements and established
in the land subdivision and site plan regulations of this chapter.
Limited access highways shall not be deemed to be frontage for purposes
of this chapter.
A.
No development shall be designed to create reverse
frontage lots except for lots which will abut limited access expressways,
principal arterial roadways (those having at least two lanes in each
direction), or designated scenic roadway corridors.
B.
Whenever reverse frontage lots are to be allowed along access expressways or principal arterial roadways, the development plans must provide for a buffer easement of 150 feet within which shall be an earthen berm, at least four feet high. The buffer easement area and berm shall be landscaped and maintained consistent with the requirements of § 190-166B, C, D, E and G; however, no fencing or other structures may be placed within such buffer easement. The development approval shall further provide for the maintenance of the buffer easement by the homeowner.
A.
Any yard facing a public street shall be considered
a front yard and shall conform to the minimum front yard requirements
established for the zone in which the yard is located for principal
structures. Accessory structures limited to swimming pools, fences,
flagpoles, lampposts, ornamental objects, seasonal decorations, landscaping
accessories, and permitted toolshed or similar storage building shall
be permitted within a reverse frontage yard; provided, however, that
no such structure or use shall encroach into any required buffer area
or within 25 feet of the street line whichever is greater.
C.
No front yard in any residential zone shall be used
for the storage of vehicles exceeding 10,000 pounds and/or the parking
of boats, trailers or equipment. Other vehicles which are in operating
condition and which are parked on an improved driveway or parking
area are permitted.
D.
On a parcel of land situated between parallel streets, the front yard is defined as the area situated between the street line and a minimum front building line. (See § 190-3.) In such circumstances, fences, or other accessory uses or structures which are constructed in the rear yard may be built to the street line, provided that they do not exceed three feet in height. Any fence or other accessory uses or structures which exceed the three-foot height limitation shall adhere to the front yard setback set forth herein.
E.
Where the proposed construction of a residential development
by a single developer is located in two different zoning districts,
each principal structure may have a front yard depth requirement of
that set forth for principal structures in either zone.
On any corner lot, nothing shall be erected,
placed, planted or allowed to grow in such a manner as to obstruct
vision between a height of 1 1/2 feet and 10 feet above the center-line
grades of the intersecting streets, within the triangular area formed
by the two intersecting street lines bounding the lot, and by a line
connecting points on each street line located 25 feet from the intersection
of the street lines. Measurements shall be made from the curbline
or the edge of the pavement.
A.
Except in the ROL, B-1 and M-2 Zone Districts, no
accessory structure, excluding fences and temporary buildings necessary
for construction purposes, shall be erected prior to the completion
of the principal building. Such temporary construction buildings may
be erected only after the issuance of a building permit for the principal
building and shall be removed within 30 days following the issuance
of a certificate of occupancy, for the principal building; or in the
case of a major subdivision, within 30 days following the issuance
of a certification of occupancy for the final principal building in
the subdivision.
B.
In all residential zones, any accessory structures exceeding 192 square feet in area shall be constructed of materials which are the same as or consistently similar to the materials of the principal structure. Any owner or occupant of property in any residential zone seeking permission to place upon his or her property a structure not in compliance with the foregoing, may appeal any permit denial to the Planning Board under § 190-248A of this chapter.
[Amended 12-22-2015 by Ord. No. O-15-26]
C.
Portable on-demand storage structures.
[Added 9-24-2013 by Ord. No. O-13-31]
(1)
A portable on-demand storage structure may be located as a temporary
structure on residential property within the Township for the duration
of a valid permit or extension thereof from time of delivery to time
of removal. The portable storage structure is to be used only for
the temporary storage of household goods and related items for the
property of the permit holder. The portable storage structure may
not be used for habitation, solid waste, construction debris, demolition
debris, recyclable materials, business inventory, commercial goods,
goods for property where the structure is located (i.e., used for
retail sales) or any other illegal or hazardous material or substances.
(2)
Portable on-demand storage structures shall be located on paved
surfaces of the property and are prohibited from being placed in streets,
easements, rights-of-way, or landscaped areas. The structures shall
be located in the driveway of the property at the farthest accessible
point from the street and shall be no closer than 10 feet to a property
line.
(3)
Portable on-demand storage structures may not exceed eight feet
six inches in height, 10 feet in width or 20 feet in length.
(4)
It shall be the obligation of the owner or user of such temporary
storage structure to secure it in a manner that does not endanger
the safety of persons or property in the vicinity of the temporary
structure. In the event of high winds or other weather conditions
in which such structure may become a physical danger to persons or
property, the appropriate code or law enforcement officers may require
the immediate removal of such temporary structure.
(5)
The applicant, as well as the supplier of the portable on-demand
storage structure, shall be responsible for ensuring that the structure
is maintained in good condition, free from evidence of deterioration,
weathering, discoloration, graffiti, rust, ripping, tearing or other
holes or breaks, at all times.
(6)
In the event of fire, hurricane or other natural disaster causing
substantial damage to a residential property or structures on the
property, the property owner may apply to the Township for permission
to extend the time that a portable on-demand storage structure may
be located as a temporary structure on the property. Application for
such extended duration shall be made in writing and filed with the
Township Zoning and Code Enforcement Officer and shall give sufficient
information to determine whether such extended duration should be
granted. The Township Zoning and Code Enforcement Officer shall determine
whether or not to grant such extended duration and the length of such
extension. In the event of an adverse decision by the Zoning and Code
Enforcement Officer, the applicant may appeal such decision to the
Township Committee. In the event of such appeal, the decision of the
Township Committee shall be final.
(7)
Duration. A portable on-demand storage structure may be located
as a temporary structure on a property within the Township for a period
not exceeding 30 days in duration from time of delivery to time of
removal. Permits for such structures are limited to not more than
three permits per year. No more than one portable on-demand storage
structures may be located on a specific piece of property within the
Township at one time; such storage structures shall be individually
limited to the duration time period established herein.
(8)
Application.
(a)
Use of a portable on-demand storage structure shall only be
permitted where a zoning permit has been issued by the Township Zoning
and Code Enforcement Officer.
(b)
An application fee of $35 shall accompany the zoning permit
request. A property survey indicating the location of the storage
structure must be included with the zoning application.
(9)
Violations and penalties.
(a)
Failure to obtain permission for placement of a portable on-demand
storage structure shall result in the issuance of an after-the-fact
permit with a fee set at 10 times the amount of a permit issued prior
to erection of such structure $350. Failure to satisfy the after-the-fact
permit fee shall result in the issuance of a summons.
D.
Residential
standby generators. Standby generators, which are intended to be permanently
installed and connected to the building's electrical systems in order
to provide backup power in the event of power outages, shall be a
permitted accessory use subject to the following:
[Added 1-26-2021 by Ord. No. O-21-1]
(1)
A
single standby generator is only permitted on fee-simple detached
single-family dwelling lots in residential zones.
(2)
A
standby generator is only permitted in the side or rear yard of any
single-family detached dwelling or fee-simple residential property.
(3)
The
standby generator shall comply with the principal building's side
and rear yard setback requirements for the zone located. The standby
generator shall be located from the principal structure in accordance
with its manufacturer's installation instructions or the building
codes adopted by the State of New Jersey, whichever is more stringent.
(4)
The
standby generator shall be placed so as to minimize the visual impact
on adjacent properties with the use of appropriate sound-attenuating
architectural materials and landscape screening.
(5)
The
standby generator shall only be used during electrical power outages
and as required by the manufacturer for maintenance purposes. Maintenance
operation shall only take place during daylight hours between the
hours of 10:00 a.m. and 5:00 p.m., not to exceed once a week.
(6)
An
applicant for an emergency standby generator must file an application
with the Construction Department prior to installation and receive
permits as necessary before any work can be commenced.
In the zones where permitted, aboveground heating
oil storage tanks may be installed but only in accordance with the
following regulations:
A.
Tanks shall not exceed 275 gallons.
B.
Screening shall be installed that is year round and
which completely conceals the tank from view of neighboring properties.
C.
Tanks shall be permitted only in side and/or rear
yards.
D.
The Zoning Officer shall be supplied with and satisfied
of proof that the soil conditions on the property make the installation
of metal tanks impractical.
Existing natural features such as streams, lakes,
ponds, trees and the natural configuration of the ground shall be
retained wherever possible. If it can be demonstrated to the satisfaction
of the reviewing board that such features will substantially interfere
with any reasonable proposed use of a property, such features may
be altered only to the extent necessary to permit such use.
A.
No principal structure shall hereafter be erected,
constructed, placed, altered, or enlarged in any residence district
which shall be like or substantially like any neighboring building
or structure as hereinafter defined then in existence or for which
a building permit has been issued, or which is included in the same
building permit application, in more than three of the following six
respects:
(1)
Height of the main roof ridge above the top of the
plat. All flat roofs shall be deemed identical in this dimension.
(2)
Height of the main roof ridge or in the case of a
building structure with a flat roof, the highest point of the roof
beams above the elevation of the first floor.
(3)
Length of the main roof ridge, or in the case of a
building or structure with a flat roof, length of the main roof.
(4)
Width between outside walls at the ends of the building
or structure measured under the main roof at right angles to the length.
(5)
Relative location of windows in the front elevation
or in each of both side elevations with respect to any door, chimney,
porch or attached garage in the same elevation.
(6)
In the front elevation, both relative location with
respect to each other of garage, if attached, porch, if any, and the
remainder of the building or structure; and either height of any portion
of the building or structures located outside the limits of the main
roof measured from the elevation of the first floor to the roof ridge,
or in the case of a flat roof, the highest point of the roof beams,
or width of the portion of the building or structure if it has a gable
in the front elevation, otherwise length of the roof ridge or the
flat roof in the front elevation. Buildings or structures shall be
deemed to be like each other in any dimension with respect to which
the difference between them is not more than two feet. Buildings or
structures between which the only difference in relative location
of elements is end to end or side to side reversal of elements shall
be deemed to be like each other in relative location of such elements.
B.
In relation to the premises with respect to which
a building or structure is sought to be erected, constructed, placed,
altered or enlarged, a building or structure shall be deemed to be
a neighboring building or structure if the lot upon which it may or
any part of it has been or will be located in any one of the following
lots:
(1)
Any lot on the street upon which the building or structure
to be located on the premises would front which is the first building
or structure on either side of the building or structure on the same
side of the street without regard to intervening street lines.
(2)
Any building or structure to be erected on any lot,
any part of a street line, frontage of which is across the street
from the premises.
(3)
Any lot, any part of the street line frontage of which
faces the end of, and is within the width of, the street, if there
are less than two lots between the premises and the end of the street.
All commercial, office and industrial buildings
and sites shall be designed and developed in a manner that will be
compatible with the architectural and visual characteristics of historic
buildings, sites or districts in the Township. This shall include
the scale, height, and location of buildings, as well as the specific
construction materials that are used.
A.
General guidelines.
(1)
Determination of compliance. All applications for commercial, office and industrial buildings shall be reviewed by the Historic Preservation Commission in accordance with the standards of review contained in § 190-233E of this chapter. The Historic Preservation Commission shall review applications for conformance with this section within 35 days following receipt from the Planning Administrator. The Commission shall issue a letter of certification of compliance or noncompliance of the architectural design requirements of this section. If an application is not in compliance with this section, the Commission shall specify the elements of the proposed building or building addition that does not conform with the requirements of this section. The letter of certification shall be submitted as a recommendation to the Planning Board, and the Planning Board shall make the final determination of compliance or noncompliance.
[Amended 12-22-2015 by Ord. No. O-15-26]
(2)
The design of new buildings shall take into consideration
the natural features of the site, existing buildings and other substantial
structures in the vicinity that have a visual relationship to the
proposed building or buildings. In particular areas, building design
may have to be adjusted to maintain existing visual relationships
or to preserve visual access to community focal points either natural
or man-made.
(3)
The selection of building design elements including
facade materials, fenestration, color, texture and other design considerations
shall be determined so that such treatment is consistent with traditional
architectural styles. For purposes of this chapter, "traditional architectural
styles" shall include the Colonial, Federal, Georgian, and Victorian
traditionally found in Freehold Township as determined by the Freehold
Township Historical Commission and adaptations of these styles for
the use and type of the building.
(4)
The design of additions and renovations are to reflect
the existing building in terms of scale, materials, fenestration and
color. An exception applies to those existing buildings that do not
meet the objectives of this section. In those cases, additions and
renovations are to be designed to revise existing building design
to comply with the traditional architectural styles of this section
to the extent practicable.
(5)
Appearance of the side and rear elevations of buildings
are to receive architectural treatments comparable to that of any
proposed front facade where such elevations are generally within public
view.
(6)
New buildings, additions, and renovations should,
where appropriate, strengthen the particular design features of its
locale by, for example, framing a view corridor, enclosing an open
space area, or continuing a particular design feature or statement.
Such construction should, when located in business districts, complement
existing building designs that are consistent with Township architectural
design objectives.
B.
Harmony of design.
(1)
New buildings are to be designed to be consistent
with the scale, form and proportion of older development that conforms
with the traditional architectural styles of this section. This can
be done by repeating existing building lines and providing uniformity
of detail, scale, proportion, textures, materials, color, and building
form designed to achieve traditional architectural styles.
(2)
The use of unusual shapes, colors and other characteristics
which cause new buildings to call excessive attention and create disharmony
shall be avoided.
(3)
The existing building line (at the front setback)
is to be maintained.
(4)
The rhythm of structural mass to voids (windows) of
a front facade (or any facade easily viewed from the street) shall
relate to rhythms established in adjacent buildings or designed to
be consistent with traditional architectural styles.
(5)
If several storefronts are located in one building,
there is to be a unified design treatment; e.g., design of windows
and door openings, use of materials and color.
(6)
Building additions are to be designed to reflect the
existing building in terms of scale, materials, fenestration, and
color. A change in scale may require a transitional design element
between the addition and the existing building. Facade renovations
are to include as few different materials as possible.
C.
Creativity and diversity of design.
(1)
These criteria are not intended to restrict imagination,
innovations, or variety, but rather to focus on design principles
that can result in creative solutions.
(2)
Monotony of design in single or multiple building
projects shall be avoided. Variation of detail, form and siting shall
be used to provide visual interest.
D.
Building details.
(1)
A human scale of design is to be achieved at ground
level, at entryways, and along street frontages through the use of
such elements as windows, doors, columns, and canopies.
(2)
Mechanical equipment or other utility hardware on
roofs, the ground, or buildings shall be screened from public view
with materials harmonious with the building, or they shall be so located
as not to be visible from any public streets or residential zoning
districts.
(3)
Building components such as windows, doors, eaves,
and parapets shall be in proportion to one another.
E.
Signs and lighting.
(1)
Signs shall be erected and maintained in accordance with Article XVII, § 190-173 et seq. of this chapter. Signs that are proposed in conjunction with applications in accordance with this subsection are to be designed to complement the architectural style and scale of the building and are to be designed as an integral architectural element of the building and site to which it principally relates. Signs shall not compete for attention with signs on adjacent properties. The number of graphic elements on a sign shall be kept to the minimum needed to convey the sign's major message. Identification signs of a prototype design and corporation logos shall conform to these standards.
(2)
Exterior lighting shall enhance the building design
and the site landscape. Lighting standards and building fixtures shall
be of a design and size compatible with the building and adjacent
areas.
F.
Building design, massing and scale.
(1)
Where large structures are required, massing is to
be broken up through the use of setbacks and other design techniques.
(2)
The orientation of buildings to provide access through
side and rear entrances is encouraged, with the side and rear facades
receiving appropriate entryway design treatment.
(3)
Long horizontal facades are to be broken with segments
having vertical orientation. Tall, vertically-oriented facades are
to be broken with horizontal components through use of facade design
features.
(4)
Buildings with expansive blank walls are prohibited.
(5)
Buildings are to be designed so that facades are the
prominent architectural feature and the roofs are visually less dominant
in the total design. Gable and hip roofs are encouraged and other
types may be permitted if, in the opinion of the approving authority
the roof is generally consistent with traditional architectural styles.
(6)
In infill construction, the front alignment of new
buildings are to be designed to be consistent with the existing setbacks
of nearby buildings, but in conformance with the minimum setback requirements
of the applicable zoning district.
G.
Facade treatment.
(1)
Multitenant commercial buildings shall provide uniform
storefronts, doorways, windows, awnings and other design features
for all ground floor tenants. Upper floors of buildings shall be coordinated
with the ground floor through common materials, window treatments
and colors. Storefronts shall include display windows with a sill
height of not less than two feet from grade.
(2)
New construction shall use windows of similar sizes
and shapes or incorporate other facade elements that establish the
same pattern of other buildings in its context. Window and door sizes
and shapes are not to be significantly altered by any building renovation.
(3)
Fire escapes are prohibited on the principal facades
of a building.
(4)
Facade renovations are to be designed in accordance
with the original architectural style of the building. Original details
are to be retained; when it becomes necessary to introduce new features,
they are to be designed to harmonize with existing features or altered
to conform with traditional architectural styles. If windows and doors
must be replaced, new materials shall match the original design.
(5)
Surface detailing shall be integrated within the structure
rather than applied for decorative purposes.
(6)
Exterior-mounted mechanical and electrical equipment
shall be architecturally screened.
H.
Building materials, color and texture.
(1)
For renovations of existing buildings, original materials
shall be retained when compatible with traditional architectural styles.
New materials shall be designed to be compatible with traditional
architectural styles.
(2)
The use of brick, stone, clapboard, and other facade
materials consistent with traditional architectural styles shall be
utilized. In general, a maximum of two principal facade materials
shall be permitted.
(3)
Aluminum siding, metal panels and mirrored glass surfaces
are prohibited.
(4)
The painting of buildings in bold colors, patterns,
check or stripes is prohibited.
(5)
The use of earth tone colors and/or other colors generally
associated with traditional architectural styles shall be encouraged
on all buildings. Accent of complementary colors which harmonize with
the main facade colors shall be permitted for trim, awnings and other
building details.
(6)
The use of street furniture (benches, tables, trash
receptacles, etc.) shall be encouraged, provided that the materials
used are consistent with the overall design concept of the building.
(7)
Awnings shall be constructed and installed so that
the frame and fabric of the awning is integrated into the overall
building design. No awning shall extend more than four feet from the
building facade, and no awning shall be less than eight feet above
the ground. Awnings that project into any roadway, driveway or parking
area are prohibited. Awnings shall not be placed so as to conceal
or disfigure an architectural feature or detail. Awning materials
shall be limited to cloth, canvas and similar materials; metal and
aluminum awnings are prohibited.
Private swimming pools are permitted as an accessory
use to residential dwellings in every zone wherein that principal
use is permitted subject to the following:
A.
A private swimming pool shall not be constructed,
installed or maintained within 15 feet of any side or rear yard line,
provided that in the case of any lot less than 50 feet in width, it
shall be permissible to place a pool within 10 feet of a side or rear
property line.
B.
No private swimming pool shall be constructed, erected,
installed or maintained in the front yard of any property.
C.
In the case of a corner lot, a pool shall not be constructed
any closer to the side street line than the principal structure.
D.
A private swimming pool shall not be constructed or
installed on any premises unless a residence building is also located
on the premises or unless the premises is part of a residence curtilage.
A.
Site plan review and approval shall be required for all outdoor storage, sales, and display areas as specified in § 190-37 of this chapter. Nothing shall be stored, sold or displayed out of doors for any purpose except in compliance with the following provisions:
(1)
New or used automobiles on display for sale or awaiting delivery may be stored out of doors as a permitted accessory use to a new car dealership in accordance with § 190-146B(9) for any indefinite period of time, provided that the automobiles are in operating condition and further provided that they shall be stored on a paved area constructed to the standards established by this chapter. Automobiles shall not be stored or displayed on access drives or within parking areas designated for customer and employee parking. Automobiles shall not be placed on display ramps or on lawns or other landscaped areas.
[Amended 3-24-2015 by Ord. No. O-15-4]
(2)
All garbage, trash, recyclable materials, or any other
refuse awaiting disposal shall be stored in a completely enclosed
container within a storage facility. Trash and recycling storage facilities
shall be constructed with a six-inch-thick reinforced concrete pad
base over six inches of compacted dense graded aggregate base course
(DGABC) stone, and shall be surrounded on three sides by a masonry
wall six feet in height that is comprised of the same facade material
or compatible with the exterior design of the building facade. A solid
gate shall be provided on the open side of the enclosure.
[Amended 2-25-2014 by Ord. No. O-14-02]
(3)
Products and materials that are necessary or supplementary
to a permitted principal use and which are customarily stored or sold
out of doors may be stored or sold out of doors, provided that:
(a)
The area used for such outdoor storage or sales
shall be paved in accordance with the requirements of this chapter.
(b)
The storage shall not be permitted within a
front yard area. Outdoor storage or sales areas which are covered
or partially enclosed shall adhere to the setback requirements for
a principal building. Outdoor storage and sales areas shall not be
counted as structures for calculating floor area ratio and off-street
parking requirements, provided that the area does not exceed a maximum
of 20% of the gross floor area of the use located within the principal
building.
(c)
The storage shall be screened from view from
any street and from any adjoining residential property.
(d)
All materials stored out of doors shall be arranged
and maintained in a safe, orderly and neat manner.
(4)
No outdoor storage or sales shall be permitted within
a required buffer area or on lawns or other landscaped areas, on or
within five feet of any access drive or fire lane, within parking
areas designated for customer and employee parking, or within 25 feet
of any street line or within 10 feet of any side or rear lot line.
(5)
Outdoor storage shall be limited to equipment, merchandise
or materials necessary to the operation of the principal use on the
premises, not normally or economically stored indoors. No junk cars,
wrecked cars or cars damaged by accident or damaged in any other manner;
or which are in such condition that they cannot operate under their
own power; used auto parts or appliances; used auto or truck tires;
damaged or discarded machinery, equipment or parts thereof; used or
damaged refrigerators, household or electrical appliances or other
damaged or disabled merchandise; or junk shall be stored, maintained
or permitted to remain situated in the open on any premises for more
than 15 days from the time first placed on the premises, and the items
shall thereafter be permanently removed from the open and stored within
a completely enclosed building. Specifically excluded from this time
requirement are disabled or damaged motor vehicles awaiting repair
at an automotive repair shop. For these purposes, the above fifteen-day
requirement shall be extended to 60 days in order to permit a reasonable
time for insurance adjustment and parts ordering purposes.
B.
Temporary, special or seasonal sales and displays
may be permitted in accordance with a permit issued by the Code Administrator
and/or Zoning Officer and in compliance with the following:
(1)
Outdoor displays and temporary sales shall be limited
to those materials and goods that are connected with the principal
use on the premises.
(2)
Goods that are displayed or sold outdoors shall not
be located closer than 25 feet from any street or 10 feet from a rear
or side property line.
(3)
Goods that are sold or displayed outdoors shall be located on a surface paved in accordance with § 190-162 and shall not interfere with off-street parking areas, vehicular circulation or fire protection accessibility. Sidewalk sales shall be permitted, provided that the goods displayed and sold outdoors do not interfere with pedestrian circulation.
(4)
Temporary sales and outdoor displays shall be limited
to one week in duration. Not more than six such sales and special
displays shall be allowed per year.
C.
Temporary sales of Christmas trees may be permitted
in nonresidential zone districts beginning the day after Thanksgiving
through the end of December. Such sales shall be in accordance with
a permit issued by the Code Administrator and/or Zoning Officer and
in compliance with the following:
D.
Farm stands.
(1)
Purpose. To allow qualified farm owners or operators
to set up a farm stand to sell primarily locally grown produce as
a way to keep the land in agricultural use and as a service to local
residents. To control the intensity of use allowable as a farm stand
because such closely circumscribed use is site plan exempt.
(2)
Applicability.
(a)
Farm stands are permitted upon receipt of a
zoning permit pursuant to this section and in accordance with the
conditions and restrictions set forth herein.
(3)
Site requirements.
(a)
Farm stands must be located on land which is
under active continuous farming operation and which meet the requirements
of and qualify under the Farmland Assessment Act of 1964, as amended
(N.J.S.A. 54:4-23.1 et seq.).
(b)
One farm stand per farm lot is permitted. Minimum
farm lot: five acres.
(d)
Parking. Adequate on-site parking must be provided
to handle peak customer demand. No parking on street or street shoulder
shall be permitted.
(e)
A farm stand shall be limited to one story with
a maximum floor area of 900 square feet.
(f)
Lighting shall be provided only as necessary
for security purposes.
(4)
Operation.
(a)
A zoning permit shall be required. All statements
in the zoning permit application are considered incorporated by reference
in and become a part of any zoning permit issued. Upon expiration
of the zoning permit all produce, baskets, etc., shall be removed,
the premises swept clean, and suitably secured.
(b)
Hours of operation shall be limited to not earlier
than 7:00 a.m. nor later than 8:00 p.m., prevailing time, daily.
(c)
Produce grown outside the State of New Jersey
will be limited to no more than 10% of total produce offered for sale
on the premises.
(d)
Any item offered for sale must be displayed only within or on the farm stand as defined in § 190-3. There shall arise a rebuttable presumption that any items located within 30 feet of the front, sides or back of the farm stand are being offered for sale. The foregoing presumption shall not apply to farm machinery or equipment used in the production of the farm product, registered and licensed motor vehicles, or growing crops not yet harvested and still in the ground.
(e)
No food or drink shall be offered for sale for
on premises consumption.
(5)
Signs and traffic control.
(a)
All signs are to be in accordance with Article XVIII of this chapter. A temporary sign permit must be secured before any signs are installed or displayed.
(b)
Temporary signs are permitted as per § 190-176I, except that the period of display will correspond to the time limits stated on the zoning permit.
(c)
Temporary directional signs are permitted per § 190-174A, except that the time period of display will correspond to the time limits stated on the zoning permit.
(d)
No trucks, trailers, wagons or similar vehicles
or structures displaying advertising shall be parked within 100 feet
of the front lot line except during active loading or unloading operations.
(e)
People in costume located and utilized so as
to attract passing vehicles on street are considered animated signs
and are not permitted.
(f)
If determined to be needed for public safety,
the applicant shall provide personnel to control and direct traffic.
(g)
Hay rides or the equivalent may be operated
on the farm covered by the farm stand zoning permit. Location of loading/unloading
of passengers and the path of the ride shall be a minimum of 100 feet
from the street frontage.
(6)
Issuance of permit. The Zoning Officer, after conferring
with the Township Administrator, Township Planner, and the Building
Inspector, may issue the required zoning permit. The permit shall
be issued or denied within 15 days of receipt of application. The
applicant shall supply the following:
(a)
A completed zoning permit application.
(b)
A letter certifying that the location is on
a qualified commercial farm.
(c)
A sketch showing the location of the stand in
relation to the road, parking, driveways, sign location(s) and description
of hay ride path (is so provided). Additional information may be requested.
E.
Site plan approval shall not be required for outdoor sales and displays
within the RMZ-2 Zones which are in compliance with the following
provisions:
[Added 7-29-2014 by Ord. No. O-14-10]
(1)
Outdoor displays and sales shall be limited to those materials
and goods that are connected with the principal use on the premises.
(2)
Outdoor displays will be permitted on the front walkway against
the front wall of the business enclosed within a structure located
on the site and shall not protrude further than four feet into any
walkway at which a minimum clear and unobstructed six-foot pathway
shall be maintained at all times as not to impede pedestrian traffic.
(3)
Outdoor sales and displays shall not be permitted within landscaped
areas, off street parking areas, on or within five feet of any access
drive or fire lanes.
(4)
Outdoor displays will be limited to 40% of the linear length
of the front wall to the business.
(5)
Outdoor displays shall not obstruct any means of ingress or
egress, including emergency exits, and shall provide a clear distance
of 10 feet from the edge of any building's ingress or egress point,
including emergency exits, to the edge of an outdoor display.
(6)
Outdoor displays shall not obscure decorative architectural
details, or windows.
(7)
All outdoor displays shall be arranged and maintained in a safe,
orderly and neat manner.
(8)
Outdoor displays shall not exceed a height of 10 feet.
[Amended 6-17-2008 by Ord. No. O-08-11]
A.
Any use not provided for in a zone is prohibited except
for those uses listed below:
(1)
Garage sales, as defined herein, limited to no more
than two sales per year per household.
(2)
[1]Auctions and flea markets may be authorized by the Township
Committee for a period not to exceed two days when operated or sponsored
by and for the benefit of a public, semipublic, educational, eleemosynary,
charitable or religions organization, based in the Township of Freehold,
provided that:
(a)
A favorable report is received by the Recreation
Commission if the event involves public lands.
(b)
Only one event may occur within the Township
on a given day.
(c)
No event is scheduled in a traffic-congested
area of the Township as determined by the Police Department.
(d)
No merchandise will be displayed or sales made
in or in immediate proximity to an automobile or other motor vehicle.
(e)
No group or organization may be permitted more
than one event during the calendar year.
(f)
The premises upon which the auction or flea
market is conducted are returned to their prior condition within 24
hours after termination of the event. If the premises are not so returned,
the Township shall have the right to enter upon them, return them
to their prior condition, and assess the cost as a lien upon the land.
(g)
The sponsor of any auction or flea market conducted
in accordance with the preceding conditions may be required by the
Township Committee to furnish either a performance bond or cash or
other guarantee acceptable to Township Committee to assure that cleanup
occurs after termination of the event.
[1]
Editor's Note: Former Subsection A(2), regarding business-related
activities in residential dwellings, was repealed 8-28-2012 by Ord.
No. O-12-18. This ordinance also redesignated former Subsection A(3)
as Subsection A(2).
B.
For purposes of clarity, and not in any manner diluting the all-encompassing prohibition of Subsection A above, this Subsection B shall provide for specifically prohibited uses.
[Added 10-9-2018 by Ord.
No. O-18-12; 5-25-2021 by Ord. No. O-21-11]
(1)
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24: 61-1 et
seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana
as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth
in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L .2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as
defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied
to any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
(2)
Prohibition
of cannabis uses. All cannabis cultivators, cannabis delivery services,
cannabis distributors, cannabis manufacturers, cannabis retailers,
and cannabis wholesalers are hereby prohibited from operating anywhere
in the Township of Freehold, except for the delivery of cannabis items
and related supplies by a licensed cannabis delivery service based
and initiated from a cannabis delivery service licensed location outside
of the Township of Freehold.
A.
Purpose.
(1)
The purpose of this section is to recognize a changing
trend in business whereby people are conducting low-intensity and
unobtrusive businesses from their homes. Many valid and useful purposes
are served by allowing such activity, including but not limited to:
(a)
Diminishing the need to commute, thereby lessening
traffic congestion and air pollution.
(b)
Providing residents with an alternative lifestyle
which may decrease stress and increase enjoyment and productivity.
(c)
Promote a more economical system for bringing
goods or services to the consuming public at a lower cost.
(d)
Accommodate working parents and allow for greater
time and interaction with their children.
(e)
Promote the ability of working children and
relatives to provide for the needs of elderly, as well as physically
or emotionally challenged members of their family.
(2)
However, all of the foregoing advantages notwithstanding,
the first priority and concern is to preserve the peace and tranquility
of the Township's residential zoning districts. Consistent with that
priority, one intention of this section is to restrict any home office
use so that there is no infringement upon the right of all those residing
in a residential zoning district to enjoy an uncompromised residential
atmosphere. It is not the intention of this section to encourage or
countenance a home office use which would in any way diminish or compromise
the residential atmosphere.
B.
Regulations.
(1)
Except where otherwise permitted by the zoning regulations
of this chapter, any person may utilize his/her home for a home office
use which is conducted in such a manner as to comply with the restrictions
which follow. The following restrictions shall apply to all home office
uses:
(a)
At least one person employed in the home in
conjunction with the home office use must be a bona fide resident
of that home; and
(b)
All persons employed in the home in conjunction
with the home office use must either be a bona fide resident of that
home or a member of the immediate family (mother, father, husband,
wife, son, daughter, son-in-law, or daughter-in-law) of a bona fide
resident of the home. In no event may more than two persons who are
not bona fide residents of the home be employed, either part-time
or full-time, in conjunction with the home office use; and
(c)
There shall be no external display of goods,
no outdoor activity or storage of any kind, including but not limited
to the assembling or staging of workers or equipment even if the goods
or equipment are at another location, and no on-premises advertising,
including but not limited to signs; and
(d)
The street address of the home shall not be
listed in any advertising of the business done by means of signs,
billboards, newspapers, commercial circulars, radio, television, telephone
books or leaflets. This shall not be construed to prohibit use of
the home address on business cards or catalogs or single-line listing
in the white or yellow pages of the telephone book; and
(e)
Such home office use shall not occupy more than
10% of the gross habitable floor area of the home, but in no event
is it to exceed 300 square feet. For purposes of performing this calculation,
all nonhabitable areas shall be excluded, including but not limited
to cellar, basement, attic and porch areas; and
(f)
No noise relating to the home office use shall
be audible beyond the dwelling unit; and
(g)
Such home office use shall not adversely affect
adjacent property owners, or interfere with the quiet enjoyment of
their properties or create activity or an atmosphere inconsistent
with a strictly residential use; and
(h)
No delivery of goods or supplies shall be permitted
except by means and with a frequency which is typical of a strictly
residential use; and
(i)
Infrequent or sporadic customers, clients or
other business invitees shall be permitted to visit the premises.
(2)
No garage area shall be converted to or used for home
office use on any property located in a higher density residential
zoning district. For purposes of this regulation, a higher density
residential zoning district shall be any residential zone except R-9,
R-20, R-40, R-60, R-80, R-120 and RR.
(3)
In any zone in which the expansion of internal living
space is limited by ordinance, the owner of such a unit may, subject
to applicable code requirements, expand the internal area of the unit
by not more than 100 square feet of habitable space for purposes of
creating a home office use.
No container or containers with a cumulative
capacity of more than five gallons above or below ground designed
or intended for the storage of gasoline or other motor vehicle fuel
shall be permitted on any residential property, except that this restriction
shall not apply to properties devoted to agriculture, industrial and/or
commercial uses.
[Amended 12-22-2015 by Ord. No. O-15-26]
Whenever a developer shall propose to locate
drainage, utility, open space or other public facilities on a separate
lot, ownership of which will be dedicated to the local, county or
state government, there shall be no necessity for the developer to
seek a variance if any such lot does not meet the requirements of
Schedule C, Schedule of Area, Yard and Building Requirements, at the
end of this chapter, if the Planning Board finds that the lot dimensions
are appropriate for the use proposed.
Lots shall be graded to provide proper drainage,
to prevent the collection of stormwater, and to prevent adverse impacts
on adjoining properties. No one shall alter the grading of any lot
or portion of a lot without first securing approval from the Municipal
Engineer's office.
A.
All residential building lots that are part of an
approved subdivision or site plan shall be graded in accordance with
the final construction plans.
B.
No construction permit shall be issued for construction
of a single-family dwelling on a lot that is not part of an approved
subdivision without first submitting a lot grading plan for review
and approval by the Municipal Engineer's office.
C.
No one shall install a retaining wall, gabion wall,
crib wall or similar structures used to control slopes without first
securing approval as to lot grading and drainage from the Municipal
Engineer's office.
D.
The Construction Official and/or Zoning Officer may
refer building permit applications for additions to existing single-family
dwellings or for accessory buildings or structures which involve disturbance
of more than 500 square feet of land to the Municipal Engineer's office
for review to determine that proper drainage is provided.
A.
For each application for 50 or more single-family
dwelling units, the applicant shall provide a storage area of 12 square
feet within each dwelling unit to accommodate a four-week accumulation
of designated recyclable materials (including, but not limited to,
aluminum and tin or bimetal cans, glass bottles and jars, plastic
containers and newspapers). The storage area may be located within
a hidden laundry room, garage, or basement.
B.
For each application for 25 or more multifamily dwelling
units the applicant shall provide a storage area of three square feet
within each dwelling unit to accommodate a one-week accumulation of
designated recyclable materials (including, but not limited to, aluminum
and tin or bimetal cans, glass bottles and jars, plastic containers
and newspapers). Within the site, the applicant shall provide a centralized
storage area to accommodate a one-month's supply of recyclable materials.
The storage area shall be designed for truck access for pickup of
materials and shall be suitably screened from view if located outside
a building.
C.
For each application for nonresidential development
which utilizes 1,000 or more square feet of land, the applicant shall
provide the Planning Board with estimates of the amount of recyclable
materials (including, but not limited to, aluminum and tin or bimetal
cans, glass jars and bottles, plastic containers, newspapers, high
grade office paper and corrugated cardboard) that will be generated
each week. Applicants may obtain information regarding average generation
rates from the New Jersey State Office of Recycling. Within the site,
the applicant shall provide a centralized storage area to accommodate
a one-week's supply of recyclable materials. The storage area shall
be designed for truck access for pickup of materials. Recyclable area
storage areas shall be constructed with a six-inch-thick reinforced
concrete pad base over six inches of compacted dense graded aggregate
base course (DGABC) stone, and shall be surrounded on three sides
by a masonry wall six feet in height that is comprised of the same
or compatible facade material with the exterior design of the building
facade. A solid gate shall be provided on the open side of the enclosure.
[Amended 2-25-2014 by Ord. No. O-14-2]
D.
All new multifamily housing developments shall provide
an indoor or outdoor recycling area for the collection and storage
of residentially generated recyclable materials. The dimensions of
the recycling area shall be sufficient to accommodate recycling bins
or containers which are of adequate size and number, and which are
consistent with anticipated usage and with current methods of collection
in the area in which the project is located. The dimensions of the
recycling area and the bins or containers shall be determined in consultation
with the Municipal Recycling Coordinator, and shall be consistent
with the district recycling plan adopted pursuant to Section 3 of
P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and the Recycling Plan Element
of the Freehold Township Master Plan.
(1)
The recycling area shall be conveniently located for
the residential disposition of source separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
(2)
The recycling area shall be well lighted, and shall
be safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area, and the bins or containers
placed therein, against theft of recyclable materials, bins or containers.
(3)
The recycling area or the bins or containers placed
therein shall be designed so as to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard, and which are located in an outdoor
recycling area, shall be equipped with a lid, or otherwise covered,
so as to keep the paper or cardboard dry.
(4)
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein. All signs shall be in conformance with Article XVII, § 190-173 et seq., of this chapter.
(5)
All outdoor recycling areas shall be screened by a
solid uniform wall, fence, or similar enclosure. Landscaping shall
also be provided around any outdoor recycling area in an aesthetically
pleasing manner.
Private tennis and other sports courts (such
as basketball, handball, and roller hockey) are permitted as an accessory
use to residential dwellings in every zone wherein that principal
use is permitted subject to the following requirements:
A.
Courts shall not be constructed or installed on any
premises unless a residential building is also located on the premises.
B.
Courts shall only be located in the rear area of a
lot. No court shall be permitted in the required front yard setback
nor in the yard area in front of a residence that is located at a
depth greater than the required minimum front yard setback.
C.
In the case of a corner lot, a sports court shall
not be constructed any closer to the side yard than the principal
structure or the required minimum side yard, whichever is greater.
D.
All court construction, including fencing in excess
of six feet, shall be a minimum of 25 feet from the rear and side
yard lines.
E.
A fence not to exceed 10 feet in height may be constructed
surrounding a tennis or other sports court, provided that such fencing
shall not be located closer than 25 feet from the rear and side yard
lines and shall conform to requirements of the Construction Official
in terms of construction details. A current survey by a surveyor licensed
in the State of New Jersey may be required by the Township Engineer
and/or Construction Official for determination of the placement of
the court, fencing and any related construction.
F.
No lighting shall be permitted.
G.
Plans for tennis and other sports courts shall be
prepared by a professional engineer or architect licensed in the State
of New Jersey, submitted to the Township Engineer, and shall comply
with the following:
(1)
Court location and construction materials including
construction details.
(2)
Grading including proposed location and amount of
soil to be removed or to be placed as fill.
(3)
Surface and subsurface drainage. Existing and proposed
condition drainage calculations shall be provided. Additional drainage
resulting from the proposed construction shall be discharged in stormwater
drainage system approved by the Township Engineer, provided that such
system or systems has adequate capacity. If such system (or systems)
does not have adequate capacity for the additional storm drainage,
plans for detention and/or retention basin shall be provided to the
Township Engineer for his review and approval.
(4)
Landscaping plan including location and caliper of
trees to be removed and proposed plantings and buffers along adjacent
properties.
A.
Purpose. The Township Committee finds that residential
and nonresidential developments have encroached into steep slope areas,
thereby increasing the likelihood of erosion in periods of moderate
or heavy rainfall and destruction of the natural character of the
Township of Freehold. The Township Committee also finds that disturbance
of steep slope areas of Freehold Township produces including increased
runoff, soil erosion, creation of retaining walls greater than four
feet in height and destruction of mature woodland areas that provide
natural stabilization of steep slopes, gradual natural surface flows
to streams and their tributaries and natural recharge ground water
resources in the headwaters and tributaries of the streams that originate
within or flow through the Township. The Township Committee finds
that many of the steep slope areas are adjacent to streams and their
tributaries and disturbance of these woodlands reduces the natural
water filtering function of the stream banks thereby the water quality
of the streams, increasing the turbidity of the streams and transportation
of topsoil from the Township and reduction of the streams to fulfill
their multifaceted functions of surface drainage, subsurface recharge,
and maintaining the natural stream bank habitat and canopy that is
essential for maintaining and enhancing water quality, water temperatures
and stream benthic and stream-edge vegetation and wildlife habitats.
B.
Any property which is the subject of a minor or major
subdivision or site plan application and which contains slope areas
of 12% or greater having a rise of five vertical feet or greater (hereafter
"steep slopes") shall comply with the provisions set forth below.
C.
Existing and proposed lots with steep slopes shall
be subject to the following requirements:
(1)
Existing wooded and well-stabilized steep slopes shall
not be disturbed and shall be contained in conservation easements.
(2)
Previously disturbed, eroded and/or poorly stabilized
steep slopes in excess of five vertical feet:
(a)
The approval board may require filling of the
steep slope area with compacted clean fill to a maximum slope of 25%
and restabilization of the slope as described.
(b)
Stabilization of the steep slope area through
application of topsoil, fertilization, seeding, ground cover and tree
planting to promote reforestation based upon a reforestation plan
approved by the approval board.
(c)
Steep slopes areas shall be contained in conservation
easements.
(3)
If retaining walls are used to stabilize existing
or proposed steep slopes, all slope area measurements will be calculated
as if retaining walls were not used. Retaining walls of four feet
or greater shall be permitted only if their design is prepared and
certified by a professional engineer licensed in New Jersey.
D.
Steep slopes areas shall be maintained in an open
space condition and shall not have any structures constructed within
it.
[Added 7-27-2010 by Ord. No. O-10-13]
Where applicable, there must be compliance with § 190-161.2, Riparian Zone.
[Added 6-25-2013 by Ord. No. O-13-22]
Property owners of undersized lots containing less than 10 acres
that contain a residential structure as of June 1, 2013, are hereby
permitted to apply for building permits for expansion of such structure,
provided that the resulting structure does not exceed the maximum
lot coverage for all buildings, the maximum lot coverage of all impervious
surfaces, the maximum floor area ratio, the minimum front yard, the
minimum side yard and the minimum rear yard requirements for the R-E
Rural Environmental Zone as shown in Schedule C, Schedule of Area,
Yard and Building Requirements.[1] For existing structures on undersized lots that have front
and/or side yards less than those required within the R-E Zone, the
expansion of the existing structure shall be located within the rear
yard and shall not be any closer to the street or encroach more into
the undersized side yard (or yards) than the existing structure.
[1]
Editor's Note: Schedule C is included as an attachment to this chapter.
[Added 8-15-2018 by Ord.
No. O-18-11]
A.
Any
nonconforming lot currently located in either the Rural Residential
Zone ("RR") or the Rural-Environmental Zone ("RE") shall be allowed
to be further developed in compliance with the R-40, R-60 or R-80
zoning regulations, depending on which of those three zones in which
the lot was previously located ("previous zone"), without seeking
waivers or bulk variances from the RR or RE zoning regulations, if
such nonconforming lot complies with each of the following:
(1)
Such lot was on April 25, 2000 (hereafter the "rezoning date"), previously
zoned R-40, R-60 or R-80.
(2)
Such lot was, at the rezoning date, improved with an occupied residential
dwelling.
(3)
Such lot is currently in compliance with the previous zone zoning
regulations or it can be documented that it had been granted waiver
or variance relief by the appropriate land use agency as to any existing
nonconformity.
(4)
Such lot has not, since the rezoning date, been subject to/part of
a subdivision approval which reduced the lot’s size.
(5)
Such lot has not, since the rezoning date, been located adjacent
to any land which was under the same legal, equitable or constructive
ownership.
(6)
The proposed development activity is permitted by and would be undertaken
in compliance with the current zoning regulations for the previous
zone.
B.
No
subdivision of such lot shall be allowed under the provisions of this
section.
[Added 7-23-2019 by Ord. No. O-19-12]
Any gasoline filling station, gasoline service station, gasoline filling stations with convenience stores or any other location dispensing gasoline and diesel fuel to the public shall have an appropriately sized emergency standby generator system as defined in § 190-3, capable of operating fuel pumps, cash registers and lighted signs in the event of power outage for at least 18 hours. Separate convenience store facilities need not have an emergency standby generator system, to the extent that the facilities set forth herein have such a system.
[Added 4-25-2023 by Ord. No. O-23-4]
A residential single-family detached dwelling unit operating as an Oxford model recovery home as defined in § 190-3, Definitions, is a permitted use in all residential zones found in § 190-97, Zones, and pursuant to the applicable requirements of the zone and other applicable requirements of other chapters of the Code of Freehold Township.
