The following regulations shall apply to private swimming pools
wherever permitted by this chapter:
A.
Swimming pools including required setbacks from property lines shall conform to the requirements of § 456-6 of the Borough Code.
B.
The water surface area of a private swimming pool shall be excluded
when calculating coverage by accessory buildings but included when
determining compliance with maximum permitted impervious coverage
on a lot. For purposes of calculating pool impervious coverage, 90%
of the surface area of the pool shall be considered impervious.
C.
Any lighting in connection with an outdoor swimming pool shall be
shielded so that the direct source of light is not visible from any
adjoining property or street. No light source shall exceed a height
of 10 feet, and the intensity of light shall not exceed 0.3 footcandle
at a property line.
Fences and walls shall be a permitted accessory use in all zone
districts, subject to the following provisions:
A.
No fence or wall shall be constructed or installed so as to constitute
a hazard to traffic or safety.
B.
No fence or wall shall encroach upon or be constructed or installed
within a local public road or right-of-way, unless approved as part
of the site plan or subdivision application for development.
C.
No fence or wall shall be erected of barbed wire, topped with metal
spikes or electrified nor shall any fence or wall be constructed of
any material or in any manner that may be dangerous to persons or
to animals.
D.
Entrance and/or driveway gates shall not open towards the street.
The total footprint of the entranceway pillars and flanking walls
shall not exceed 100 square feet, and the average height of the flanking
walls shall not exceed five feet.
F.
The finished side for all permitted fences shall be situated on a
lot in such a manner that the finished or nonstructural side shall
face abutting properties or, if facing on a street or property line,
shall have the front surface exposed to said street or property line.
G.
Stormwater flow. Fences and walls shall be erected to avoid damming
or diverting the natural flow of water or shall be integrated into
a grading plan that provides for the adequate movement of stormwater.
H.
All fences and walls must be installed within the property boundary
lines.
I.
The height of any fence shall be measured from the natural grade
of the property upon which the same is erected.
J.
Fencing and walls shall be permitted as an accessory use in all zoning
districts in accordance with the following regulations:
(1)
Residential districts.
(a)
On any lot in any district, no fence or wall, except retaining
walls, shall be erected or altered so that said wall or fence shall
be over four feet in height in front yard areas and six feet in height
in other than front yards.
(b)
A dog run may have fencing a maximum of seven feet in height,
provided that such use is located in rear yard areas only and is set
back from any lot line at least 15 feet. Chain-link fence may be used,
irrespective of any regulations to the contrary.
(c)
No fence or wall shall exceed four feet in height in a rear
yard of a through lot.
(2)
Nonresidential districts.
(a)
In the B-1, B-2, B-3, B-3A, O-1 Districts, no wall or fence
shall exceed a height of six feet above ground level and shall be
permitted in side and rear yards only.
(b)
In the I-1 District, no wall or fence shall exceed a height
of eight feet above ground level and shall be permitted in side and
rear yards only.
K.
Retaining walls.
(1)
The maximum height of any retaining wall, regardless of zoning
district or yard location, shall be six feet.
(2)
For purposes of applying height limits, multiple, staggered
or tiered walls shall be considered single walls unless there is a
minimum horizontal distance of 10 feet between the top of any section
or tier and the base of any one section or tier; the horizontal distance
between the top of any section or tier shall be equal to or greater
than the height of the taller section or tier. These provisions shall
apply to multiple staggered or tiered walls, which span property lines.
(3)
Retaining walls shall be constructed with the following materials
only:
(4)
Prior to final approval of any retaining walls exceeding four
feet in height, a certification shall be provided by a New Jersey
licensed professional engineer attesting that the retaining wall was
constructed in conformance with the structural design.
L.
Freestanding wall construction. Freestanding walls shall be constructed
with the following materials only:
M.
Fence construction.
(1)
Fences shall be constructed of the following materials only:
picket, split rail, stockade, basket weave, louver, similar wood fence,
and chain-link, provided it consists of vinyl-coated dark green or
dark brown or black material and which will only be permitted in side
and rear yards and specifically prohibited along any street frontage.
(2)
All fences shall be properly supported by securely anchored
posts.
N.
All walls and fences shall be maintained in safe, sound and upright
condition.
O.
Permits for walls and fences. Prior to the erection or alteration
of any wall or fence, a permit for same shall be obtained from the
Zoning Office in accordance with all applicable procedures and requirements
of the Department.
P.
HVAC and rooftop appurtenances. All rooftop HVAC and rooftop appurtenances
shall be screened or designed so as to not be visible from the adjoining
properties or public right-of-way.
Solar energy devices shall be a permitted accessory use in all
zone districts, subject to the following provisions:
A.
The primary purpose of the proposed solar energy device(s) shall
be to produce electricity for consumption by the principal use of
the property whereon said solar energy device(s) is to be located,
or for the resale or transfer to the connected electricity power supply
grid.
B.
Solar energy devices may be freestanding or attached to principal
or accessory uses, buildings or structures.
C.
If freestanding, the solar energy device(s) and associated equipment
shall not exceed 12 feet in height and shall be located not less than
12 feet from any side or rear property line, nor less than six feet
from any other principal or accessory structure. Freestanding device(s)
are prohibited in front yard areas.
D.
If attached, the solar energy device(s) and associated equipment
shall not be more than 12 inches higher than the finished roof to
which it is mounted. In no instance shall any part of the device extend
beyond the edge of the roof.
E.
All solar energy devices shall be exempt for purposes of calculating
impervious coverage on a lot.
Outdoor storage in all zone districts shall be subject to the
following provisions:
A.
In the I Zones, no article or material shall be kept, stored or displayed
outside the confines of a building unless as approved by the Planning
Board. No storage shall be located in a front yard nor in a side yard
adjoining a street. Said storage shall meet the setback requirements
from property lines for accessory buildings. In addition, there shall
be no outdoor storage or parking of trucks or trailers, except as
follows:
(1)
The parking of delivery and service vehicles as provided in
this chapter.
(2)
The parking of trucks and trailers in connection with permitted
trucking terminals and moving and storage operations, which parking
shall be subject to the location requirements applicable to off-street
loading.
(3)
The parking of trucks and trailers at loading docks during the
course of loading and unloading and temporarily preceding and following
the loading or unloading operations. There shall be no outdoor storage
or parking of construction equipment, except during the course of
construction on the premises.
B.
In all residential zones, outdoor storage is prohibited except as
provided herein.
(1)
No trailer, semi-trailer, truck, van or other commercial vehicle
bearing signs or advertisements or boat, boat trailer, camper or recreational
vehicle or disabled, dismantled or unregistered vehicle or any vehicle
not capable of automotive propulsion under its own power or any container,
box, object or thing of a size in excess of 50 cubic feet shall be
parked, stored or located in the front yard of any lot for a period
in excess of 24 hours.
(3)
Car ports in residential zones may be permitted, subject to
a zoning permit approved by the Zoning Official, provided the car
port does not violate the applicable setback for the zone, and provided
further that no car port shall be constructed within a required front
yard.
Home occupations, as defined in Article VII, shall be subject to the following regulations wherever permitted by this chapter.
A.
Principal use. Home occupations shall only be permitted as accessory
to a permitted single-family detached unit. The use of the dwelling
unit for the home occupation shall be clearly incidental and subordinate
to its use for residential purposes by its occupants.
B.
Particular home occupations permitted. Except as provided in Subsection C below, customary home occupations shall include all occupations which meet the purposes, standards and requirements of this section and, in particular, include, but are not necessarily limited to, the following list of examples:
(1)
Providing instruction to not more than two individuals at a
time.
(3)
Home offices for accountants, architects, attorneys, brokers,
dentists, engineers, insurance agents, medical doctors, professional
planners, realtors, and members of similar professions.
(4)
Home offices for ministers, priests, rabbis, and other members
of the clergy.
(5)
Home offices for sales and manufacturer's representatives
when no retail or wholesale sales are made or transacted on the premises.
(6)
Home studios of an artist, photographer, craftsman, writer,
composer, or similar person, except that home-based hair and nail
salons are not to be considered studios as expressed herein and further,
are expressly prohibited as a home occupation.
C.
Employees. Other than members of the family residing in the dwelling
unit, there shall be no more than one person employed or engaged in
a home occupation (who need not be a resident therein).
D.
Maximum portion of dwelling unit that may be used. Not more than
25% of the habitable first floor area of the dwelling unit or 500
square feet, whichever is less, shall be used in the conduct of the
home occupation.
E.
Use of accessory building prohibited. No home occupation shall be
conducted in any accessory building, and there shall be no storage
of materials, equipment, or goods of any kind associated with the
home occupation permitted in any accessory building.
F.
Outside appearance. Dwelling units which contain a home occupation
shall retain the appearance of a residence. There shall be no change
in the outside appearance of the building or property, or other visible
evidence of the conduct of such home occupation. The public display
of goods visible from the street or abutting properties and any visible
advertising on the premises, including signs, shall be prohibited.
G.
Sales to the public prohibited. There shall be no sale to the general
public of goods displayed on the premises.
H.
Maximum traffic generation. No traffic shall be generated by any
home occupation which is greater in volume than would normally be
expected for solely residential use.
(1)
The following shall be deemed to be prima facie evidence of
a greater volume of traffic than would normally be expected for a
solely residential use:
(2)
For purposes of administering this provision, a "trip" shall
be a vehicle departure or vehicle arrival; therefore, an arrival and
departure by the same vehicle shall be considered two trips.
I.
Parking. Not more than two motor vehicles of any nonresident employee,
patron, client, or any other nonresident person associated with a
home occupation may be parked at the same time on a lot or parcel
where a home occupation is conducted. For the purposes of meeting
parking demand, the dwelling's driveway shall be utilized to
meet need.
J.
Commercial vehicle parking. No more than one commercial vehicle can
be used in connection with the home occupation, which shall be permitted
to be parked on the premises subject to the following requirements:
(1)
Commercial and other nonpassenger vehicles shall not exceed
a gross vehicle weight rating of 10,000 pounds.
(2)
All commercial vehicles permitted by these provisions to be
parked, stored or garaged on any property located in any residential
zone shall be owned by and registered to the premises' occupant.
(3)
The outdoor parking area for commercial or other nonpassenger
vehicle shall be improved with asphalt (alternatively known as "bituminous
concrete"), paving stone, brick paver, concrete or similar surface.
(4)
On-premises repair or servicing of commercial vehicles is prohibited.
K.
Storage. Except for the parking of commercial vehicles, as permitted in Subsection J above, outdoor storage related to a home occupation shall be prohibited.
L.
Equipment and process limitation. No equipment or process shall be
used in any home occupation which creates noise, vibration, glare,
fumes, odors or electrical interference detectable to the normal senses
at the property line of the premises. No equipment or process shall
be used in any home occupation which causes electrical, visual or
audible interference in any radio or television receiver located off
the premises or causes fluctuations in line voltage off the premises.
M.
Nuisance. There shall be no noise, dust, smoke, fumes, odor, glare,
flashes, vibrations, heat, electronic radiation, objectionable effluent,
unusual risk of fire, explosion or activity otherwise prohibited by
law or ordinance in connection with a home occupation.
O.
In the instance of a home occupation for a tradesman such as an electrician,
plumber, carpenter etc., there shall be no mustering or gathering
of employees at the residence which shall be maintained solely as
an office for the resident.
Storage in temporary trailers at the site of existing commercial
or industrial facilities in connection with the renovation or reconstruction
of such existing commercial or industrial facilities may be permitted,
provided that the Construction Official authorizes the use of such
temporary trailers and issues a permit pursuant to the following conditions
and provisions:
A.
The trailers shall be located on the site of the existing facility
to be renovated or reconstructed. No trailer shall be located closer
than 25 feet to any existing building or other structure on the site.
Each trailer shall be located at least 25 feet from any adjacent trailer,
property line or row. Trailers shall not be stacked more than two
units high.
B.
No more than 30 trailers shall be permitted.
C.
The storage shall consist only of merchandise, material, equipment
and items that existed in the facility immediately prior to reconstruction
or renovation and shall not consist of any inventory, merchandise,
material or equipment brought to the site subsequent to the commencement
of renovation or reconstruction. No retail sales of the stored material
shall be permitted from the storage trailers.
D.
Such storage shall be permitted only for the period of reconstruction
or renovation. All temporary storage shall cease upon the issuance
of a temporary certificate of occupancy. All storage trailers must
be removed from site and within 30 days of issuance of either the
temporary certificate of occupancy or certificate of occupancy and
the site restored to preconstruction condition.
Storage in storage containers located on residential properties,
when used in conjunction with the renovation or reconstruction of
a single-family dwelling and being performed in accordance with an
active construction permit, shall be permitted, provided that the
Construction Official authorizes the use of such temporary storage
container and subject to the issuance of a zoning permit by the Borough
Zoning Officer.
A.
The storage container shall be located on the site of the existing
dwelling to be renovated or reconstructed. No storage container shall
be located within five feet of any property line unless it is located
completely within a paved driveway.
B.
No more than one storage container shall be permitted on the residential
property at any one time. The storage container shall not be larger
than 20 feet by eight feet. The storage container shall not be mounted
on wheels.
C.
Such storage shall be permitted only for the period of reconstruction
or renovation. All temporary storage shall cease upon the issuance
of a temporary certificate of occupancy. All storage trailers must
be removed from site and within 30 days of issuance of either the
temporary certificate of occupancy or certificate of occupancy and
the site restored to preconstruction condition.
A.
It shall be unlawful for the owner or occupant of any property in
the Borough to use, permit or suffer the use of property owned by
that person for the temporary storage of modular homes without first
having obtained a zoning permit from the Borough Zoning Officer.
B.
The temporary storage of modular homes which has been authorized
by a permit issued by the Zoning Officer shall meet the following
conditions and provisions:
(1)
The permission of the property owner in writing for the temporary
storage of the modular home(s) shall be obtained and submitted to
the Zoning Officer prior to the issuance of a permit.
(2)
The Police Department shall be notified by the individual and/or
entity responsible for delivering the modular home(s) into the Borough
as to the date when the modular home(s) is to be delivered to the
storage site and the date when the modular home(s) is to be moved
to the building lot. The requirement of notification to the Police
Department shall apply to each individual modular home that is temporarily
stored at a site within the Borough.
(3)
The modular home(s) shall be situated in such a way so as not
to interfere with the general flow of traffic in the parking lot or
other area where the modular home(s) is temporarily stored.
(4)
The temporary storage of a modular home(s) shall be permitted
for a period not exceeding 48 hours from the time the Police Department
is informed that the modular home(s) is placed in temporary storage.
The Zoning Officer shall have the authority to permit the temporary
storage of a modular home(s) for a period in excess of 48 hours, provided
that the individual and/or entity responsible for delivering the modular
home(s) into the Borough proves to the satisfaction of the Zoning
Officer and the Police Department that a situation exists that requires
that the modular home(s) be temporarily stored for a period in excess
of 48 hours. No extension granted by the Zoning Officer shall exceed
a period of seven calendar days.
