City of Linwood, NJ Development Requirements and Standards

The Board shall consider pedestrian and vehicular traffic movement within and adjacent to a lot or tract, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, and movement of people, goods and vehicles from access roads.

The Board shall ensure that all parking areas are landscaped and spaces are usable and are safely and conveniently arranged. Access to a lot or tract from adjacent roads shall be designed so as to interfere as little as possible with traffic flow and to permit vehicles a safe ingress and egress to the lot or tract.

The circulation plan of each development shall reflect the Master Plan's circulation plan element. The location and provision of bikeways, sidewalks and other pedestrian linkages shall be encouraged and clearly indicated.

Design and building layout.

The design and layout of buildings and parking areas shall be aesthetically pleasing and provide for efficient arrangement. Particular attention shall be given to energy conservation, safety and fire protection and impact on surrounding development. Architectural design shall be compatible with the environmental and natural characteristics of the tract and the surrounding neighborhood.

All new buildings shall strengthen the particular design features of their locale by, for example, framing scenic views, defining and inviting the use of open spaces, or continuing particular and desirable design features or statements.

All building additions shall 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 should include as few different materials as possible.

Where large structures are required, massing and blank walls shall be avoided as much as possible and, where necessary, be relieved by variation and architectural relief and details. Excessively expansive blank walls are prohibited. Building offsets shall be provided along each building wall to relieve the visual effect of a single long wall. Roof lines shall also be varied. An individual building may use a combination of story heights to provide further visual relief. Building designs should incorporate details such as masonry chimneys, cupolas, dormers, and similar features for architectural appeal.

Roof shape and material shall be architecturally compatible with the rest of the building and shall reflect surrounding patterns. Unless necessary pursuant to construction, architectural, engineering or safety standards, flat roofs shall be prohibited. Mansard roofs are discouraged except to soften or otherwise improve the appearance of a predominantly flat roof. Gable, hip, and gambrel roofs are favored.

Materials shall be selected for suitability to the type of buildings and the design in which they are to be used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

Colors shall be selected to be harmonious. Only compatible accent colors shall be used. Accent or complementary colors, harmonizing with the main color, may be used for trim, awnings and other accents. Metal awnings are prohibited.

Facade renovations shall not destroy or cover details on a building of historic or architectural interest.

In renovation projects, prevailing natural materials and themes shall be retained. Facades of natural materials such as stone, wood siding and brick shall not be covered with artificial siding or panels except for good cause shown. If an original material is or appears most appropriate on a facade, such material, if available, shall be used for renovations and additions. Roof cornices shall be retained, repaired, replaced or added where appropriate.

Environmental considerations. Environmental elements relating to prevention of soil erosion, protection of significant vistas or views, preservation of trees and protection of watercourses, resources, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

Landscaping.

Landscaping shall be provided as part of any overall site plan design and integrated into building arrangements, parking and buffering requirements. Landscaping includes trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and/or the use of building and paving materials in an imaginative manner.

The existing sense and appearance of any natural scenic qualities on a tract shall be retained by the careful placement of buildings and improvements.

Buffering.

Buffering shall be located to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may include but not be limited to fencing, walls, evergreens, shrubs, landscaping, berms, open space, deciduous trees or combinations thereof to achieve the stated objectives.

Extensive buffering shall be required where intensive land uses abut less intensive uses. Existing natural vegetation, if appropriate for the above stated purposes, shall be retained.

Open space.

Open space shall be provided as part of a site plan and shall serve as a buffer and/or help integrate buildings and uses. Undeveloped open space should have as a prime objective the preservation of a tract's natural amenities and vistas.

Open spaces shall be so located as to provide for maximum usability and to create a harmonious relationship between buildings.

Signs.

Signs shall be designed so as to be aesthetically pleasing, coordinated with other signs on the site through a master signage plan and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

There should be a coordinated graphics design theme throughout any site plan. The design theme shall include style and size of lettering, construction materials, colors, location, size and lighting. Color of letters and background should be carefully considered in relation to the color of the material or buildings or where the signs are proposed to be located.

Utilities.

All services to structures shall be made underground. All residential development shall be connected to utility company water and the City sanitary sewer system.

Particular emphasis shall be given to establishment of drainage rights-of-way, analysis of the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately control the rate, volume and velocity of storm drainage, provide for treatment of effluent and to maintain an adequate supply of potable water at sufficient pressure.

In such event that they can not be installed underground, facilities such as pumping stations or transformers shall be enclosed in buildings or effectively screened with landscaping and/or buffering as approved by the Board.

Street furniture. Street furniture shall be made of the same or similar materials to ensure design continuity and be appropriate to the particular use. These may include, but are not limited to, benches, bike racks, trash receptacles, bus shelters, tree planters and directories.

Easements.

Where a subdivision is traversed by a watercourse, drainageway and/or stream, there shall be a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width for construction as will be adequate.

Sewer easements shall have a minimum width of 15 feet and shall not be within the beds of street pavements but may, if feasible, traverse and encompass any street right-of-way outside of the pavement or curblines. The land areas contained in such easements shall not be deducted from the total area of the lots on which they are located.

§ 41-50 Specific design standards.

In reviewing any application for development, the Board shall consider the following standards:

Blocks. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required by this chapter and to provide for convenient access, circulation control and safety of street traffic.

Lots.

Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Where extra width has been dedicated for the widening of existing streets, lots shall begin at such extra line and setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as but not limited to wetlands or flood conditions, the Board may withhold approval of such lots.

To the extent possible, lots shall be rectangular or square. Irregular shapes which create constraints with developability shall not be permitted.

Buffers.

General.

Buffer dimensions shall be measured from property lines.

Within any buffer area, utilities, driveways and streets may be permitted to cross at right angles to the buffer.

No buildings, signs (other than directional signs), structures, storage of materials or parking shall be permitted within the buffer area.

When required; dimensional requirements. All uses other than single-family detached dwellings shall provide buffer areas along all side and rear property lines which abut areas zoned R-10, R-15 or R-20. Additionally, commercial uses and other nonresidential uses shall provide buffer areas along all side and rear property lines which abut areas containing or planned for any residential use. All residential uses shall provide buffer areas along any frontage on New Road (Route 9). The buffer areas shall meet the provisions as follows:

The width of the buffer shall be determined in accordance with the following:

For RT two-family dwellings abutting an R-10, R-15 or R-20 Zone: 15 feet.

For commercial uses and other nonresidential uses abutting residential uses or zones: 40 feet.

For residential uses abutting Shore Road: 30 feet.

Buffer areas shall be placed with dense evergreen plant materials in an irregular and natural-appearing pattern to form a continuous screen from grade level to a height of five feet. Where adequate space is available in buffer areas, the screen plantings should be concentrated in a planting strip approximately 15 feet to 20 feet wide. Additional area within the buffer area should be planted with ornamental trees and shrubs and canopy trees. Where existing vegetation is to be preserved, the same may be incorporated into the buffer and supplemented with additional plantings as required by the Planning Board.

Buffer areas may be located within required setback areas. However, no residential structure may be closer than the distance equal to 10 feet or half its height, whichever is greater, to a buffer line. Additionally, no commercial or other nonresidential structure may be closer than a distance equal to 20 feet or half its height, whichever is greater, to a buffer line.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the developer during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.

Building setbacks. In the area between the minimum side yard setback and 20 feet from the side yard line, the maximum permissible height of the structure shall be 25 feet. At a point commencing at 20 feet from the side yard line, the maximum permissible height of the structure may be increased to 35 feet.

Landscaping.

All areas not occupied by buildings, parking areas, patios, walkways and/or any other impervious surface shall be suitably landscaped. In all single-family districts, a minimum of 75% of the front yard area shall be landscaped. No landscaping shall interfere with required sight triangles.

Deciduous trees shall have at least a caliper of 2 1/2 inches and be eight feet to 10 feet in height at planting, and evergreen trees shall be at least six feet tall. All trees shall be balled and burlapped and be of specimen quality as established by the American Association of Nurserymen.

No street tree shall be removed for the construction of any driveway or curb cut.

Any landscaping which, within two years of planting, dies, for any reason, shall be replaced by the developer(s) or by the current owner at his or her sole expense.

The following principles shall be considered:

Landscaping shall be located to provide for climate control.

Landscaping shall be used to accent and complement buildings.

Landscaping shall be provided in public areas, parking areas, recreation sites and adjacent to buildings.

Vines and climbing plants may be considered for large expanses of wall.

Massing trees may be considered at critical points.

Smaller trees shall be used on narrow streets.

Ground cover shall be used to prevent erosion.

A variety and mixture of landscaping shall be provided. Consideration shall be given to susceptibility to disease, colors, season, textures, shapes, blossom and foliage in selecting species.

(i)

Local soil conditions and water availability shall be considered in the choice of landscaping.

(j)

Existing trees located within 10 feet of any street right-of-way shall be maintained unless shown to be removed as part of an approved plan. The existing grade within that space shall not be disturbed without such approval.

(k)

Entrances to nonresidential lots shall be given special landscaping treatment.

(l)

The impact of any proposed landscaping plan at various time intervals shall be considered. Shrubs may grow and eventually block sight distances. Foundation plants may block out buildings.

(m)

Existing large trees (more than six-inch caliper) shall be saved by not varying the grade around the trees by more than six inches to 12 inches, by construction of tree wells and by erecting protective fences.

(n)

Landscaping in parking areas shall be provided in accordance with this article.

(o)

Impervious materials shall not be used in any landscape area. Weed-retardant mulch, porous nonwoven synthetic landscape fabric or other materials shall be used.

(p)

Vegetative ground cover is encouraged.

Street trees shall be required on all development applications. Trees shall be planted approximately 40 feet apart and shall be located between the setback line and the street right-of-way line if possible and not closer than 25 feet to any existing or proposed streetlight or street intersection.

Fences or walls.

No fence shall exceed six feet in height. In the front yard or less than the required zoning setbacks for the front property line(s), the height shall not exceed three feet and the fence shall be 50% open.

[Amended 4-28-2021 by Ord. No. 11-2021]

Before a fence shall be erected, constructed, relocated, altered, rebuilt, extended or enlarged, a zoning permit shall be obtained from the Zoning Official of the City of Linwood.

The finished or "right" side of the fence shall face the adjoining property or street.

The Zoning Official may deny fence permits on corner lots if he determines that the construction of said fences will adversely affect automobile sight lines, thereby creating a danger to public safety.

All fences on a parcel shall be consistent in size, texture and design and shall be compatible with the materials, scale and building arrangement of principal and accessory structures on the site.

Where a retaining wall of solid masonry construction is required, the retaining wall shall be permitted, provided that the height of the wall does not exceed 36 inches above the grade of the land. When utilized with a fence, the combined total height may not exceed seven feet within the setback.

No fence shall be constructed with barbed wire, metal spikes or other such dangerous material or be constructed in such manner as to be dangerous to animals or humans.

Lighting standards. All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the following requirements:

Only shielded light fixtures shall be used.

Where used for commercial purposes or for sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and shall comply with the following:

Light fixtures used to illuminate flags, statues or other objects mounted on a pole, pedestal or platform shall use a narrow column beam of light that will not extend beyond the maximum extensions of the illuminated object.

Other upward-directed architectural, landscape or decorative direct-light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.

Externally illuminated building identification or other signs shall only use shielded light fixtures mounted on top of the sign structure.

The design and installation of outdoor lighting on a site shall be constructed so as to conform to the following standards:

All outdoor lighting during nonoperating hours of the business on site not necessary for safety and security purposes shall be reduced, activated by motion-sensor devices or turned off.

All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.

All light fixtures shall be designed, installed and maintained to prevent trespass light.

The maximum height of freestanding lights shall not exceed the height of the principal building, or 18 feet, whichever is less.

The style of the light and light standards shall be consistent with the architectural style of the principal building or surrounding area.

Freestanding lights shall be so located and protected to avoid being damaged by vehicles.

The maximum illumination at property lines shall be 0.1 footcandle at grade.

All wiring shall be laid underground.

Screening of exterior mechanical equipment.

Electrical and mechanical equipment, other than that serving one- and two-family residential development, shall be located within the interior of a building wherever possible. When an interior location is not practical, such equipment shall be placed in a location where it can be substantially screened from public view. Roof-mounted equipment shall be hidden with parapets or screens of materials which are in harmony with the building's architecture.

Ground-level utilities in all zones shall be screened so as to be unobtrusive when viewed from the public rights-of-way and adjacent uses.

Storage and disposal of waste in non-one- and two-family residential development.

Outdoor refuse and recycling containers shall be visually screened within a durable enclosure.

No refuse and recycling storage areas shall be permitted between a street and the front of a building, and refuse and recycling storage areas shall conform to the front yard requirements for the principal buildings in the zone.

No refuse and recycling storage area shall be located so as to prevent natural runoff from such areas or impair the existing water quality of any stream, watercourse or aquifer.

All materials or wastes which might cause fumes, dust, odor or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in sealed and covered containers which are adequate to eliminate such hazards.

Refuse and recycling collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.

Refuse and recycling collection enclosures shall be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.

Refuse and recycling collection areas shall be located to provide clear and convenient access to refuse collection vehicles.

Medical, hazardous or other regulated waste shall meet the state and federal standards for such materials.

In those cases where the operation of a commercial use requires cooking, baking, frying, steaming and other methods of exhausting from the premises, as well as air conditioners and refrigeration or other mechanical devices usually located outside of a building on the grounds or roof or otherwise appurtenant to the building, the reviewing board shall be assured that the exhaust and other mechanical devices are designed, located, oriented, screened and built of such materials that surrounding residential and nonresidential uses are not impacted by noise, smoke, odors, fumes or other environmentally disturbing attributes.

Signs.

Sign permit exemptions. Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this chapter. The exemption shall apply to the requirement for a sign permit only. No sign permits shall be required for the following signs:

Any public notice or warning required by a valid and applicable federal, state, county or local law, regulation or ordinance.

Any sign which is inside a building, not attached to a window or door, and is not readable from a distance of more than three feet beyond the lot line of the lot or parcel nearest to where such sign is located.

Holiday lights and decorations with no commercial message.

Traffic control signs on private property, the face of which meets the Department of Transportation standard, and which contain no commercial message of any sort.

Flags of the United States, New Jersey, the City of Linwood, foreign nations having diplomatic relations with the United States, other flags adopted or sanctioned by an elective legislative body of competent jurisdiction and flags flown in conjunction with the flag of the United States. A flag's area shall be in reasonable proportion to the length of the pole from which it is displayed. The statutory requirements associated with flags and generally accepted standards of flag display etiquette shall be observed.

Signs or banners advertising City-sponsored events that are posted with the permission of the City Council or of any person to whom the City Council has delegated this authority according to guidelines set by the City Council.

Pump-mounted fuel price informational signs, subject to the following:

Only one fuel price informational sign shall be permitted per fuel pump.

Fuel price informational signs shall be limited in size to an area of 216 square inches in accordance with state and federal regulations.

Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.

Nothing herein shall be construed to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this section.

[5]

Non-pump-mounted pricing signs shall not be exempt.

U.S. Postal regulation mailboxes.

Permit procedure.

No sign except those exempted by Subsection J(1) above shall be placed, constructed, or erected or modified unless a sign permit shall have been obtained from the Zoning Officer and, where required by the New Jersey Uniform Construction Code, a building permit shall have been obtained from the Construction Official. Signs which are not specifically allowed by this subsection shall be prohibited.

Master signage plan.

A master signage plan shall accompany:

Any application for a sign permit; or

Any application for development filed with the Planning Board which involves installation or modification of any sign.

[Amended 4-11-2018 by Ord. No. 6-2018]

The master signage plan shall contain the following information for each existing and proposed sign:

Size (i.e., length, height, area, thickness, number of faces).

Letter style and size.

[c]

Illumination.

[d]

Colors (i.e., letter, background, trim), including PMS color samples.

[e]

Construction materials, structural integrity and installation details.

[f]

Window size (if applicable).

[g]

Location (i.e., height above grade, distance from roofline, building width, location from sides.

[h]

Enumeration of relevant requirements with proposed conditions.

The master signage plan graphically depicting the sign shall be prepared by the applicant or a sign professional. The master sign plan application shall include a sketch or photograph showing the dimensions of each facade, window and canopy of the building to which a sign is to be attached, in sufficient detail to clearly indicate the location, dimension and area of all existing and proposed permanent signs affixed to the walls, windows and canopies of the building. These dimensions shall either be shown on the sketch or photograph or on an attached table. Samples of construction materials shall be submitted.

In the case of a freestanding sign, a plot plan of the lot shall be required as part of the master signage plan, showing the location of buildings, parking lots, driveways, landscaped areas and all other existing and proposed signs.

[5]

Whenever a master signage plan is filed with the Planning Board, a plot plan as described in this section shall be required for all applications, and all plans and drawings which comprise a part of the master signage plan shall be prepared by a licensed architect, engineer and/or land surveyor, as appropriate.

[Amended 4-11-2018 by Ord. No. 6-2018]

[6]

The applicant shall provide any additional information which may be deemed necessary to determine whether the signage plan complies with the purpose of the sign regulations.

When installation or modification of a sign has been approved by the Planning Board as part of a development application, the Construction Official shall issue a sign permit only if the proposed sign is consistent with the reviewing board's approval.

[Amended 4-11-2018 by Ord. No. 6-2018]

Measurement of sign area.

Measurement of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, graphic illustration, picture, symbol or other display, together with any material or color forming an integral part of the background of the sign and used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the sign itself. No sign shall have more than two display faces. The sign area for a sign with two faces shall be computed by adding together the area of all sign faces visible from any one point. When a sign having two faces is such that both faces cannot be viewed from any point at the same time, the sign area shall be computed by the measurement of the larger of the two faces. Signs which are required by county, state or federal agencies are exempt from calculation of permanent and temporary signage up to the minimum size required by such agencies. The area of the sign in excess of the minimum shall be subject to the sign calculation. In the event that no size requirement is imposed by such agency, the sign shall not exceed one square foot.

Measurement of height. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

General regulations.

Signs shall be in harmony and consistent with the architecture of the building and relate to the features of the building in terms of location, scale, color, lettering, materials, texture and depth. Signs shall not be dominant but shall be proportionate and shall complement the building, existing signs and surroundings.

There shall be consistent sign design throughout a particular project. The design elements include style of lettering, construction material, size and illumination.

Freestanding signs shall be integrated with the landscaping on site.

Wall signs shall not obscure, conflict with or cover any architectural element and must be aligned with major building elements such as windows, trim and structure lines.

No sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less.

No electric wiring associated with a sign shall be visible to public view.

Illuminated signs.

Only externally illuminated signs shall be permitted.

Signs lit by external sources shall be located in such a manner as to avoid any glare on adjacent property. Sources of sign illumination shall be completely shielded from the view of vehicular traffic using the road or roads abutting the lot on which the sign is located.

External lights used for the illumination of any sign on a building, whether or not such light fixtures are attached to or separate from the building, shall not extend above the highest elevation of the front wall of the building or more than 18 feet above the street level of the premises, whichever is less.

Prohibited signs.

No billboards shall be erected, used or maintained within the City of Linwood; provided, however, that this regulation shall not apply to temporary signs, otherwise permitted by this subsection, that advertise special events sponsored by nonprofit social, religious, political or cultural organizations or institutions.

No signs shall be placed on fences, utility poles, trees, road bridges, bridge supports or abutments, retaining walls, or water towers.

No roof sign, known also as a "sky sign," shall be allowed.

No sign shall be placed on an accessory building.

No sign shall be internally illuminated.

No sign shall be lighted by means of a flashing light, nor shall any sign be in whole or in part moving, mobile or revolving or electrically or mechanically activated.

No sign shall be allowed with optical illusion of movement by means of a design which presents a pattern capable of reverse perspective, giving the illusion of motion or changing of copy.

No commercial sign shall be allowed in a window which serves a residential use.

(i)

No signs shall be allowed on any street furniture.

(j)

The use and display of temporary portable signs or windsocks, banners or strings or streamers of flags, pennants or spinners or similar objects and devices across, upon, over or along any premises or building, whether as part of any sign or for advertising or public attraction, or otherwise, is prohibited in any zone, except for:

Temporary displays in business or commercial zones as provided in this section.

Temporary decorations customarily used for holidays, or for special events as may be approved by the City Council.

(k)

No sign shall be allowed which obstructs any window or door opening used as a means of egress, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape or fire hydrant.

(l)

No sign shall be allowed which obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.

(m)

No trademarks or brand names on any sign (including umbrella signs) shall be allowed when the commodity is not available in the establishment.

(n)

No sign element shall be interpreted as part of the architectural element of the building.

(o)

No inflatable signs and tethered balloons shall be allowed, except decorative small balloons.

(p)

No neon or gas-filled decorations which outline facade elements or windows are allowed.

(q)

No temporary signs shall be allowed except as detailed in Subsection J(9)(e).

(r)

No sandwich board signs shall be permitted.

(s)

No window signs shall be permitted.

Nonconforming signs.

No nonconforming signs may be enlarged or altered in a way which would increase their nonconformity. Existing nonconforming permanent signs may continue to exist; however, when the sign is modified either in shape, size, illumination or structure, the sign shall be altered to conform to the provisions of this section.

Should any nonconforming sign be damaged by any means to an extent of more than 50% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this section.

Removal of certain signs.

In the event a business ceases operation for a period of time in excess of 60 days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising said business or any product sold thereby. Upon failure of the sign owner or lessee, or property owner to comply with this section, the Zoning Officer shall issue a written notice to the sign owner or any lessee and to the property owner, which notice shall state that such sign shall be removed within the following time period:

Sign face: 60 days.

Posts, columns and supporting structures: one year.

If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the Zoning Officer is hereby authorized to cause removal of such sign, and any expenses incidental to such removal shall be charged to owner of the property upon which the sign is located and shall constitute a lien upon the property. For the purposes of this section, the word "remove" shall mean:

The sign face, along with posts, columns or supports of freestanding signs, shall be taken down and removed from the property.

The sign face and supporting structures of projecting, roof or wall signs shall be taken down and removed from the property.

Sign permit revocable. All rights and privileges acquired under the provisions of this chapter, or any amendment thereto, are revocable at any time by the Office of Code Enforcement if the applicant fails to accurately depict the sign erected or to be erected or if the sign which is erected fails to meet the details or the detailed drawing submitted by the applicant. All such permits shall contain this provision.

The following signs and the standards and conditions that govern such signs are set forth below. All other signs are expressly prohibited.

Signs in residential districts:

One nameplate sign not to exceed two square feet per side, not to be illuminated.

Signs advertising a legal nonconforming use, when located on the site where such use is conducted, may be maintained, modernized or replaced without increasing the size, provided that such signs were erected prior to the adoption of this chapter and provided that modernization and replacement comply with the permit requirements and the engineering requirements.

Signs for institutional uses in all districts:

One wall sign not to exceed 24 square feet in size, not to be illuminated.

One freestanding sign permitted for each street frontage, not to exceed eight square feet in size and four feet in height. The minimum setback shall be 1/2 of the front yard setback. External illumination shall be permitted.

Directional signs, not to exceed two square feet per side and two feet in height, not to be illuminated. The minimum setback shall be 1/2 of the front yard setback. Off-premises directional signs related to houses of worship shall be permitted but shall not exceed two square feet per side.

Signs in commercial districts.

Any sign authorized for permitted uses in the Residential Districts as specified above is permitted in a commercial district.

Signs for business office or professional office uses:

Wall signs up to 10 square feet per separate office tenant on the premises shall be permitted, but total wall signs shall not exceed 25 square feet. External illumination is permitted.

Freestanding signs, which shall not exceed 25 square feet in size, shall be permitted. Freestanding signs shall not exceed four feet in height and shall be located a minimum of 10 feet away from all property lines and are not permitted in the site triangle.

Signs in complexes where six or more independent premises, comprising an area of not less than 20,000 square feet of enclosed space, are grouped together.

Total wall signs shall not exceed 40 square feet.

One freestanding sign identifying the complex (e.g., directory sign) shall not exceed 40 square feet and shall be located a minimum of 10 feet away from all property lines.

Signs for retail commercial and service establishments, including bars and restaurants, shall be constructed under the following limitations:

Freestanding signs.

[i]

One freestanding sign shall be permitted per commercial premises. Freestanding signs shall not exceed a total maximum area of 25 square feet per side.

[ii]

Freestanding signs shall not exceed four feet in height.

[iii]

Freestanding signs shall be located a minimum of 10 feet away from all property lines.

[iv]

External illumination of freestanding signs is permitted.

Wall signs. One wall sign, which shall not exceed 10 square feet, is permitted per tenant, and total wall signs shall not exceed 25 square feet.

Additional standards.

Wall signs shall be located between the top line of windows or doors on the first floor and the bottom line of the second floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings.

Wall signs shall not project beyond the roof or sides of the building. Wall signs may not project more than six inches beyond the front surface of the building.

All signs, as part of a complex, shall be designed and constructed in such a way as to be harmonious and compatible with the complex and surrounding area. All signs will be properly located and designed as an integrated signage system.

Directional signs in parking areas or for the purpose of directing patrons to correct entrances shall be permitted, in addition to signs otherwise permitted as above, with no more than two such signs permitted, each such directional sign not to exceed two square feet.

[5]

No sign may be located closer to any side of a building than 10% of the linear front footage of the building.

Temporary signs:

Temporary signs advertising the sale or rental of the premises upon which said sign has been erected or a sign indicating that said premises have been sold or rented, provided that:

Such temporary signs shall be erected only on the premises to which they relate. They shall not be permitted on any other property or within the public right-of-way.

The area of any such temporary sign shall not exceed six square feet, and the sign shall not exceed three feet in height.

[c]

Not more than one such temporary sign shall be placed on any property held in single and separate ownership.

[d]

Such temporary signs shall be removed promptly within 10 days after an agreement of sale or rental has been entered into.

Signs, including banners, advertising political parties or candidates for election may be erected and maintained, provided that the size of any such sign is not in excess of 10 square feet, and the dimensions of such signs shall not exceed two feet in height; the signs shall have no moving parts, flashing lights or illumination on any sign. If attached to a building, the top of the sign is not to exceed six inches above the roofline of said building. No sign shall be erected at a height greater than eight feet from the ground to the base of the sign. A maximum of two political signs per property is permitted. Political signs may be posted 45 days prior to election day and must be removed within seven days after election day. All political signs must be located so as not to obstruct sight triangles. Political signs are not permitted on publicly owned property. Failure to remove such signs will result in the imposition of a fine at the rate of $50 per day to be assessed against the property owner upon whose property the sign is located. There shall be no fee for the placement of political signs.

Off-street parking.

Where applicable, the Residential Site Improvement Standards, as amended from time to time, shall apply.

Off-street parking and loading areas shall be coordinated with the public street system serving the area in order to avoid conflicts with through traffic, obstruction to pedestrian walkways and vehicular thoroughfares. Shared parking among mixed uses shall be encouraged.

A minimum of 10% of any surface parking facility, other than one- and two-family homes, shall be landscaped and shall include one shade tree for every five parking spaces.

All parking and loading areas abutting mixed-use/residential areas shall be buffered about their periphery with landscaping and/or fencing.

Dimension of parking spaces. Every such space provided shall measure at least nine feet in width and 18 feet in length, exclusive of access drives and aisles. Hairpin striping shall be provided, where appropriate. End-to-end parking spaces shall measure not less than eight feet in width by 23 feet in length.

Size of aisles. The width of all aisles providing direct access to individual parking spaces shall be in accordance with the requirements set forth below. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90 degrees.

	Parking Angle (degrees)	Aisle Width (feet)
	0 (end-to-end parking)	18
	30	18
	45	18
	60	18
	90 (perpendicular parking)	24

All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work, service or storage of new or used motor vehicles, materials or merchandise of any kind shall be conducted on such parking area.

Sidewalks in parking areas. Sidewalks shall be required between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic occurs. They shall have a minimum of four feet of passable width and shall be raised a maximum of six inches above the parking area, except when crossing streets or driveways. Guardrails and wheel stops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas, unless an additional sidewalk width of two feet is provided to accommodate such overhang.

All landscaping in parking areas shall be carefully located so as not to obstruct sight distance.

Off-street parking areas shall be effectively screened where required by the Board by a berm, fence or wall not less than four feet nor more than six feet in height, maintained in good condition; provided, however, that a screening hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Board. The screening, as required by this subsection, may be waived by the Board if, in its judgment, because of topographic or other unusual conditions, said fence is not necessary to buffer adjoining property.

(i)

Parking areas, loading areas and driveways, except for one- or two-family residences, shall be curbed with granite block or concrete and paved.

(j)

The driveway of a one- and two-family residence shall be paved.

(k)

Off-street parking facilities as accessory to any use permitted in a residential zone shall be provided on the same lot with the permitted principal building.

(l)

Off-street parking facilities as required by this article in nonresidential zones shall be provided on the same lot as the principal building or use.

(m)

Access to or egress from any property situated in a nonresidential zone through the use of a driveway located on property in a residential zone is prohibited.

(n)

There shall be a minimum setback of five feet from the property line or driveways in one- and two-family residential zones. In nonresidential zones, the minimum parking setback shall be 10 feet.

Off-street parking areas shall have a pavement section consisting of:

[Added 12-14-2011 by Ord. No. 18-2011]

Hot-mix asphalt pavement consisting of two inches of HMA 9.5 M64 surface course pavement, three inches of HMA 19 M64 base course pavement and six inches of dense-graded aggregate base course. All materials and construction methods shall be in accordance with New Jersey Department of Transportation standard specifications.

Concrete pavement consisting of six inches of Class B concrete with steel reinforcement in accordance with New Jersey Department of Transportation specifications.

Brick pavers consisting of three-and-one-half-inch-thick brick pavers rated for vehicle use and placed on a base material in accordance with the manufacturer's specifications.

Off-street loading.

In any building or building group or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more of nonresidential space, off-street loading berths shall be provided and maintained on the same zone lot with such building.

All loading areas shall be on the same lot as the use which is to be served. Such areas shall be located only in a side or rear yard. Such areas shall not encroach upon any required open space, accessway, off-street parking area or public right-of-way. Where located adjacent to any residential district, they shall be set back a minimum of 15 feet from such property line.

§ 41-51 Performance standards.

General applicability.

As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify compliance with the performance standards contained herein. Permits and certificates required by other government agencies shall be submitted to the Board as proof of compliance with applicable codes.

The regulations contained in this section shall not apply to one- and two-family dwellings.

Regulation of nuisance elements.

The determination of the existence of nuisance elements shall be made to the following locations:

	Nuisance Characteristic	Location of Test
	Smoke	Vent or smokestack
	Air pollution, including solid particles or fly ash	Vent or smokestack
	Odors	Property line
	Liquid waste	Property line
	Solid waste	Property line
	Noise	Property line
	Vibration	Building wall
	Glare	Property line
	Trespass lighting	Property line
	Temperature change: gas, liquid or solid	Vent or smokestack; property line

Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.

Standards to be enforced.

Air pollution.

General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interfere unreasonably with the comfortable enjoyment of life and property anywhere in the City. All provisions of Title 7, Chapter 27, of the New Jersey Administrative Code (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.

Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes. Smoke emissions from the combustion of fuel and mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in N.J.A.C. 7:27.

No open burning shall be permitted in any district.

Wastes.

Liquid wastes. No liquid waste shall be discharged into any watercourse in the City without all necessary permits from the New Jersey Department of Environmental Protection (NJDEP). No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate City official shall have first investigated the character and volume of such wastes and shall have certified that the City will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.

Solid waste. Each property owner shall be responsible for:

Adequate and regular collection and removal of all refuse, except where the City assumes such responsibility.

Compliance with all applicable provisions of the NJDEP.

Compliance with all provisions of Title 7, Chapter 26, of the N.J.A.C., where applicable.

No accumulation on the property of any junk or other objectionable materials shall be permitted, except in designated trash receptacles.

Noise. All applications shall comply with the provisions of N.J.A.C. 7:29.

Vibration. In any zone, vibrations discernible without instruments at the measuring location shall not be permitted.

Glare. No single standard for glare is promulgated in this chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or that activities producing such glare are carried on within a structure. Necessary glare-producing devices such as glazing, roadway and walkway lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.

Trespass lighting: All applications shall comply with the provisions of this article.

Temperature change. Any use or process shall not produce a temperature change greater than 3° C. at the measuring location.

Fire and explosive hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:

Approval of the use, structure, process or resulting product or material from the State Department of Labor indicating that adequate safeguards against fire and explosion have been taken or installed.