Except as otherwise provided, the following provisions of this
article shall apply.
A.
No land or premises may be used and no building or structure may
be erected, raised, moved, extended, enlarged, altered or used for
any purpose other than a purpose permitted by this chapter for the
zone district in which the land, premises, building or structure is
located, and all uses and construction shall be in conformity with
the regulations provided for the zone district in which such land,
premises, building or structure is located, and in conformity with
the Uniform Construction Code.
B.
In applying the provisions of this chapter, a departure from the literal requirements shall not be considered a violation if, in the opinion of the Zoning Officer, the departure is de minimis. For purposes of administering this provision, "de minimis" is intended to mean that the departure from the literal requirements of this chapter is inappreciable and does not impair the intent and purpose of the zone plan and this chapter. Any interested party may appeal a determination of the Zoning Officer in this regard in accordance with the procedures set forth in Article 5.
C.
No development shall be permitted without first obtaining zoning approval, a building permit, demolition permit, or certificate of occupancy, as applicable, unless specifically exempted by this chapter or other law. No zoning approval, construction permit, demolition permit or certificate of occupancy shall be issued by the Construction Official or Zoning Officer except upon application and approval in accordance with the procedures set forth in Article 9 and in conformity with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
The control and regulation of the uses of buildings and structures
by this chapter shall apply equally to the nature and extent of the
uses of the lot or lots upon which they are erected.
E.
Every principal building shall be erected upon a lot as hereinbefore
defined, and, except as hereinafter provided, there shall not be more
than one one-family detached dwelling on one lot.
F.
The following uses and activities are specifically prohibited in
any district:
(1)
All outdoor advertising signs, whether freestanding or attached
to a structure or painted or otherwise represented on the surface
of any structure, which are not expressly related to the business
being conducted on the premises.
(2)
Permanent outdoor commercial amusements.
(3)
Trailers, trailer coach parks and trailer sales.
(a)
Exception. Where, as the result of an emergency caused by fire,
flood or other disastrous circumstances, the Construction Official
determines it to be necessary and appropriate to permit residents,
property owners or commercial enterprises to utilize a trailer as
a temporary place of residency or business during any period of reconstruction
of damages to premises, then, upon application by the property owner,
the Construction Official may issue a permit for the use of the trailer
on a temporary basis for a period not to exceed six months. The issuance
of such permit shall be conditioned upon the applicant's compliance
with all relevant health and sanitation codes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Junkyards.
(5)
Privately owned and operated dumps for disposal of garbage,
trash, refuse, junk or debris of any kind.
(6)
No halfway house, reformatory facility, jail, penal institution,
house of remediation, or any other such facility wherein convicted
criminals are housed while serving sentences imposed by the court
shall be permitted to be established in any zone within the Borough.
"Halfway houses" shall be defined so as to include those places housing
not only convicted criminals but also any individuals embarked voluntarily
or involuntarily on drug rehabilitation programs, mental health programs
and the like, and the foregoing uses are expressly prohibited.
No building permit or zoning approval shall be granted for a
building, structure or use if the design or construction of said building
or structure involves exceptional risks of traffic congestion or public
safety. If the Construction Official or Zoning Officer, as applicable,
finds either of the above to be the case, he/she shall refuse to issue
a permit and refer the application to the Board.
Outdoor storage containers, sometimes called PODS (portable
on demand storage) are portable and temporary storage units intended
to be utilized upon the exterior of residential premises for the purpose
of storing items of personal and household property either as general
temporary storage or to facilitate the moving of persons from household
unit to another household unit, with the understanding that such items,
after a period of time (as defined herein) for loading, will be removed
from the site.
A.
Time limit. Except in the case of a state of emergency declared by federal, state or municipal authorities, the outdoor storage container shall not be located on residential premises for a total of more than 90 days. If more than one outdoor storage container is utilized, the ninety-day period shall commence at the time the first outdoor storage container is physically situated on the real estate. A permit for each such outdoor storage container under this subsection shall be obtained from the Building Department before placement. The fee for said permit for each storage container per 30 days, or portion thereof, is set forth in § 120-6.2, Schedule of fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Placement. Outdoor storage containers may be placed only on driveways,
rear yards, or side yards behind the front house line. The final placement
of the container(s) is subject to the approval of the Zoning Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Miscellaneous additional requirements. The following requirements
shall be met by the owner or occupier of the residential premises
with respect to outdoor storage containers:
(1)
The outdoor storage container situated on residential property
shall only be used for the storage of personal property, furniture
and household items normally located on or in a residential dwelling
or premises.
(2)
All outdoor storage containers shall not have a height in excess
of seven feet nor a length of more than 10 feet nor a width of more
than eight feet.
(3)
All access doors shall be secured by locks.
D.
Violations and penalties. Any person who violates any provision of
this section shall, upon conviction thereof in the Municipal Court,
be punished by a fine not exceeding $1,000. A separate offense may
be deemed committed for each day during or on which a violation occurs
or continues.
The keeping of fowl, chickens, ducks, pigeons, horses, ponies,
or other domestic equine animals, pigs, goats, sheep or cattle or
other kinds of livestock or exotic animals is prohibited in all zones.
Flag lots, as defined in this chapter, are prohibited in all
zones.
A.
No building or structure shall be permitted to be constructed within
50 feet of any distribution, gathering or transmission line.
B.
No building or structure, or part thereof, which is used for the
manufacturing, processing, generation or storage of corrosive, highly
toxic, oxidizing, pyrophoric, water reactive, highly combustible,
flammable, or explosive materials that constitute a high fire, explosion,
or health hazard, including loose, combustible fibers, dust and unstable
material, shall be constructed within 125 feet of any distribution,
gathering, or transmission line.
C.
Notwithstanding anything herein contained in this section to the
contrary, this section shall not apply to the construction of any
structure required to provide access to certain real property when
no other reasonable means of access is available; to provide utility
service to certain real property; or to perform any work to a pipeline
by or on behalf of the owner or operator of such pipeline.
A.
General limitation; accessory structures. No structure shall be erected
or altered to exceed in height the limit hereinafter designated for
the district in which such structure is located, except as otherwise
specifically provided. Wherever in this Part 3 a height limit is designated
in feet or in number of stories, such designation, in combination,
shall be considered as the maximum permitted height. Unless otherwise
specified as exempted or excluded from height controls, no accessory
building or structure shall exceed a height of 15 feet, except for
antennas or aerials, the height of which shall be governed by the
provisions set forth below.
B.
Structures excluded from height controls. The height limits set forth in this Part 3 shall not apply to church spires, belfries, cupolas, penthouses or roof structures for the housing of elevators, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, utility poles, and television or radio antennas or aerials less than 60 inches in height and/or 30 inches in diameter, water storage towers and tanks, chimneys and smokestacks, fire and parapet walls, or similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes they are to serve. Nothing in this subsection shall be deemed to permit signs of any kind to exceed the height limits for any district as prescribed in this Part 3. No roof structure shall have an area greater than 20% of the roof area of the principal structure.
C.
Public and quasi-public buildings. Public buildings, subsidized senior
housing, churches and church schools may exceed the height limitations
of this Part 3, provided that the minimum front, rear and side yards
shall be increased one foot for each foot by which such building exceeds
the height limit herein established for such district in which such
building is erected, and provided further that in no case shall any
such building have a height greater than 50 feet.
D.
Antennas and aerials.
(1)
For the purposes of this section, all antennas and aerials in
excess of 60 inches in height and/or 30 inches in diameter shall require
the same permits as required for accessory buildings.
(2)
Television or radio antennas, or aerials greater than 60 inches
in height and/or 30 inches in diameter, shall be erected only after
receiving the approval of the administrative officer and upon meeting
the conditions set forth below:
(a)
No antennas more than 60 inches in height and/or 30 inches in
diameter may be mounted on a roof. Antennas larger than 60 inches
in height and/or 30 inches in diameter shall be ground-mounted in
such a manner as to be suitable to maintain stability under all conditions,
and the plans for same shall be subject to the approval of the Borough
Engineer.
(b)
No antennas greater than 10 feet in height and/or eight feet
in diameter may be located in any zone.
(3)
No television or radio antenna or aerial shall be located in
the front yard or required side yard. Rear yard distance requirements
shall be the same as those set forth in this Part 3 for accessory
buildings in the zone where such antenna or aerial is proposed.
(4)
The antenna or aerial shall be located and screened to minimize
visibility from the street and adjacent properties. In considering
such uses, the administrative officer may require additional buffering
or screening so as to accomplish the objective of this section.
(5)
Antennas or aerials recommended to be installed on the ground
by the manufacturer shall be so located. A copy of the manufacturer's
installation recommendations shall be submitted to the administrative
officer for his/her review before issuing any permit if the installation
is contemplated other than in the manner recommended by the manufacturer.
A.
General yard and open spaces provisions.
(1)
No building or structure shall be erected or altered to encroach
upon or reduce in any manner the required yard dimensions, areas or
open spaces hereinafter designated for the district in which such
building is located, except as otherwise specifically provided.
(2)
No yard or other open spaces provided about any building for
the purpose of complying with the provisions of this Part 3 shall
be considered as a yard or open space for any other building, and
no yard or other open space of a building on one lot shall be considered
as a yard or open space for a building on any other lot.
(3)
All yards and courts required by this Part 3 shall be open and
unobstructed to the sky, except as provided herein.
(4)
No lot shall be reduced in area so as to make any yard or other
open space less than the minimum required by this Part 3.
B.
Undersized lots.
(1)
On any undersized lot in single ownership, where the owner of
which owns no adjoining lots, the combined total side yard requirements
for the district in which such lot is located may be reduced by six
inches for each foot a lot is less than the required minimum lot frontage
at the building line prescribed for such district, where necessary
to permit construction thereon of a building having a minimum floor
area prescribed for such district. However, no principal building
shall be placed any nearer than five feet to any side lot line, except
where specifically permitted by this Part 3, and provided further
that no principal building shall be placed any nearer than 15 feet
to any principal building on an adjoining lot.
(2)
Where the owner of an undersized lot owns adjoining lots upon
which there are not any principal structures situated, and where the
composite of the lots, or a portion thereof under single ownership,
meets the minimum area requirements for the district in which the
composite of lots is located, such composite, or portion thereof,
shall be considered as one single lot, and the area and yard provisions
of this Part 3 shall apply.
C.
Corner lots.
(1)
Front yards. All yards facing upon a public street shall conform
to the minimum front yard requirements for the particular district,
except that for any corner lot of record that is not of sufficient
width to permit the adherence to the minimum requirements for a front
yard in a particular district, the front yard abutting the side street
line may be reduced by not more than 1/3 of the required depth for
a front yard, with a minimum of 15 feet. Nothing in this subsection
shall permit the reduction in width or depth of the other required
yards of such corner lots.
(2)
Side yards. All side yards not abutting and facing upon a public
street shall conform to the minimum side yard requirements for the
particular district, except that the side yard of a corner lot which
adjoins the required front yard abutting the side street line shall
conform to the minimum rear yard requirements for the adjoining interior
lots.
(3)
Rear yards (nonexistent). For the purposes of applying the provisions
of this Part 3, a corner lot shall be deemed to have two front yards.
D.
Front yards.
(1)
Corner lots. Front yards required on corner lots shall be subject to the provisions of Subsection C(1) above.
(2)
Double-frontage lots. Yards facing upon public streets shall
be considered as front yards and shall conform to the minimum front
yard requirements for the particular district. The building line of
any principal structure or building erected or constructed upon such
lots shall not be established in excess of 15 feet of the average
front yard depth of adjoining lots on either side.
(3)
Accessory buildings. Unless otherwise provided, no accessory
buildings shall be permitted in any required front yard.
(4)
Extensions and projections. The following portions of, or attachments
to, a principal building may extend and project into a required yard:
(a)
Steps and uncovered stoops, terraces, patios and porches.
(b)
Bay windows, vestibules, entrances and balconies, but not more
than three feet into any minimum front yard.
(c)
Cornices, sills, fire escapes, outside stairways and chimneys,
and ornamental or architectural features.
(d)
Show windows in commercial districts, but not more than 18 inches
into any front yard.
(e)
Awnings and similar appurtenances.
E.
Front yard setback for flagpoles. In all zones wherein the owner
of the property seeks to erect a flagpole in accord with the terms
hereof, the front yard setback for said flagpole shall be a distance
equal to 50% of the front yard setback required for the erection of
a principal structure in said zone.
In all districts where front yards are required on corner lots,
all walls, fences, ornamental structures, hedges, shrubbery or other
plantings, other fixtures and structures, and ground elevation located
within a triangular area having two thirty-foot sides measured along
the front lot line and side street line from the intersection point
of such lines shall be limited in height so as to prevent the impairment
of vision at such street intersection. Such height shall not be in
excess of three feet above the established curb elevation of the nearest
curb, except that retaining walls shall be permitted where changes
in street grade, width, or alignment have made such structures necessary.
In the case of trees within this triangular area, all branches shall
be trimmed away to a height of nine feet above the curb level where
vision is measurably impaired or obstructed.
A.
Fences and walls shall be exempt from the yard requirements of this
Part 3.
B.
Fences and walls shall not be allowed within any required front yard
setback.
[Amended 9-12-2018 by Ord. No. 2018-14]
C.
Where any fence or wall is situated on a corner lot, the provisions of § 120-22.10 shall apply with respect to the height limitations for visibility clearance at street intersections.
D.
No fence or wall hereafter erected, constructed or added to that is situated between two abutting residential properties shall be any greater in height than six feet, measured from the finished grade elevation along the length of such wall or fence, except fences located in the front yard shall comply with Subsection B above.
E.
In the case of a residential corner lot, a fence or wall not greater than six feet in height may be permitted to extend along the right-of-way where such wall or fence screens the rear yard of a home located on the corner lot, providing the provisions of § 120-22.10 are also met.
F.
Nothing in this section shall apply to shrubbery, hedges or other
plantings located between such properties.
G.
Open security fences up to eight feet high shall be permitted in
any industrial zone upon proper application to the Construction Official.
H.
The face, or finished side, of a fence or wall shall face the adjacent
property.
I.
No fence or wall shall be constructed with barbed wire, metal spikes
or other such dangerous material, except as provided in § 120-23.7C(10)(a),
or constructed in such a manner as to be dangerous to animals or humans.
Electrified fences shall be prohibited.
[Amended 9-12-2018 by Ord. No. 2018-14]
J.
Fences required for pools may be solid but shall not be any closer
than the required front yard setback and may be 52 inches high to
meet Construction Code requirements.
[Amended 8-14-2019 by Ord. No. 2019-09]
K.
Industrial and commercial property fences shall be of a solid construction,
such as board on board, or nine gauge chain link fence with privacy
slats.
The following regulations apply to retaining walls:
A.
"Retaining wall" shall mean a structure that is constructed between
lands of different elevations to stabilize the surfaces, prevent erosion,
and/or protect structures.
B.
Retaining walls shall be permitted in front, side and rear yards.
C.
Building permits shall be required for new or substantial replacement
of retaining walls over three feet high conforming with the height
limits for same as set forth in this section. Permit applications
for retaining walls in excess of four feet shall require structural
calculations.
[Amended 9-12-2018 by Ord. No. 2018-14]
D.
Retaining walls shall not exceed four feet in height in the front
yard or six feet in height in the side and rear yards. In the event
a guard rail or other restraining device is provided at the top of
the wall, the wall height shall be measured to the top of said restraining
device. For purposes of administering this subsection, terraced retaining
walls involving more than one section of wall above or below each
other shall be construed as one wall unless the base of the upper
wall is separated from the face of the lower wall by at least four
feet, measured horizontally.
E.
In the event a retaining wall is permitted by variance to exceed
four feet in height in the front yard or six feet in height in the
side and rear yards, the approving authority granting the variance
may require an appropriate guard rail or other restraining device
in order to protect persons from falling off the edge of the wall.
F.
Retaining walls which may present a danger or hazard to the public
welfare, including but not limited to retaining walls which are electrified
or contain broken glass, razor wire or barbed wire, or other sharp
edges, are prohibited.
G.
Approval by the Borough Engineer shall be required for the erection,
relocation, alteration or other construction involving any retaining
wall located within a street right-of-way, public drainage or sewer
easement or other public land or easement under the control or jurisdiction
of the Borough.
Essential services shall be exempt from the provisions of this
Part 3.
A.
Smoke control. No smoke shall be emitted from any chimney or other
source as visible gray greater than permitted by the most current
standards enforced by NJDEP, and the New Jersey Air Pollution Control
Act (N.J.A.C. 7:27, 7:27A and 7:27B).
B.
Dust, dirt, fly ash, fumes, vapors and gases.
(1)
No emission shall be made which can cause any danger to health,
to animals, or vegetation or other forms of property or which can
cause excessive soiling at any point.
(2)
No emission of liquid or solid particles from any chimney or
device shall exceed the most current standards enforced by NJDEP,
and the New Jersey Air Pollution Control Act, as amended (N.J.A.C.
7:27, 7:27A and 7:27B).
C.
Odors. There shall be no emission of odorous matter in such quantities
as to be offensive. Any process which may involve the creation or
emission of any odors shall be provided with a secondary safeguard
system so that control will be maintained. As a guide in determining
offensive odors, the most current standards enforced by NJDEP and/or
the Union County Health Department shall prevail.
D.
Glare or heat. Any operation producing intense glare or heat shall
be performed within an enclosed building or behind a solid fence in
such a manner as to be completely imperceptible from any point beyond
the lot line.
E.
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the lot line, nor shall any vibration produced exceed 0.002
g peak, measured at or beyond the lot line using either seismic or
electronic vibration measuring equipment.
F.
Radioactivity or electrical disturbance. There shall be no activities
which emit dangerous or harmful radioactivity. There shall be no disturbance
adversely affecting the operation of any equipment located beyond
the property line of the creator of such disturbance.
G.
Outdoor storage and waste disposal.
(1)
No flammable or explosive liquids, solids, or gases shall be
stored in bulk above ground; however, tanks or drums of fuel directly
connecting with energy devices, heating devices, or appliances located
on the same lot as tanks or drums of fuel are excluded from this provision.
(2)
All outdoor storage facilities or fuel, raw materials and products
stored outdoors shall be enclosed by a fence adequate to conceal the
facilities from any adjacent properties.
(3)
Materials or wastes shall not be deposited upon a lot in such
form and manner that they may be transferred off the lot by natural
causes or forces.
(4)
All material or wastes which may cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only in closed containers.
(5)
Compliance with the New Jersey Solid Waste Management, as amended,
shall be required (N.J.S.A. 13:1E-1 et seq.).
H.
Industrial waste or sewage. No use shall be conducted in such a way
as to discharge any treated or untreated sewage or industrial waste
into treatment and disposal facilities except as shall be approved
by the Health Officer and Borough Engineer.
I.
Provisions and use of water. All water requirements shall be stated
in the permit application.
J.
Noise.
(1)
In residential and commercial districts, when measured at the
lot line, and industrial districts, when measured at any point on
the boundary of the nearest residential or office district, the sound-pressure
level radiated continuously from a facility between the hours of 9:00
p.m. and 7:00 a.m. shall not exceed the following in any octave band
of frequency:
[Amended 9-12-2018 by Ord. No. 2018-14]
|
Frequency Band
(cycles per second)
|
Sound-Pressure Level
(decibels re 0.0002 microbar)
| |
|---|---|---|
|
20 to 75
|
69
| |
|
75 to 150
|
54
| |
|
150 to 300
|
47
| |
|
300 to 600
|
45
| |
|
600 to 1,200
|
41
| |
|
1,200 to 2,400
|
34
| |
|
2,400 to 4,800
|
31
| |
|
4,800 to 10,000
|
28
|
(2)
If the noise is not smooth and continuous and is not radiated
between the hours of 9:00 p.m. and 7:00 a.m., one or more of the following
corrections shall be added to or subtracted from each of the decibel
levels given above:
|
Type of Operation/Character of Noise
|
Correction in Decibels
| |
|---|---|---|
|
Daytime operation only
|
+5
| |
|
Noise source operated less than 20% of the time
|
+5*
| |
|
Noise source operated less than 5% of the time
|
+10*
| |
|
Noise source operated less than 1% of the time
|
+15*
| |
|
Noise of impulsive character (hammering, etc.)
|
-5
| |
|
Noise of periodic character (hum, screech)
|
-5
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Applying one of these corrections only.
| |
|
The sound-pressure level shall be measured with a sound-level
meter and an octave bank analyzer that conforms to the latest specifications
published by the American Standard Association, New York, New York.
|
Any outdoor aboveground storage tank in any zone district within
the Borough of Kenilworth shall be enclosed by a solid wall no higher
than eight feet in height and constructed of noncombustible materials.
Such tanks shall meet all maximum setbacks applicable for mechanical
devices, such as generators, air-conditioning units and compressors,
and accessory structures.
[Added 5-22-2019 by Ord.
No. 2019-03]
A.
Prior to a building permit being issued for any new building, building
addition, or building alteration that involves construction of a new
foundation for any use, the owner shall demonstrate, to the satisfaction
of the Borough Engineer, that any subsurface floor is at an elevation
of a minimum of two feet above the seasonal high water table (SHWT)
and that no footing drain or under-drain system shall be less than
two feet above the SHWT. For the purpose of this section, "subsurface"
shall be defined as any part of a building that is below existing
grade.
B.
The SHWT elevation shall be certified by a licensed professional
engineer as described in N.J.A.C. 7:9A-5.8. Profile pits are required
at the location of the proposed foundation. One profile pit per 5,000
square feet of building footprint area is required.
C.
Profile pits shall be provided as described in N.J.A.C. 7:9A-5.8(e),
as follows:
(1)
Profile pits shall be excavated, if possible, to a minimum depth
of 10 feet below the existing ground surface or to solid bedrock,
where encountered. If the profile pit becomes unstable due to lack
of soil cohesion or the presence of groundwater, or both, the pit
may be terminated at a depth less than 10 feet, and soil evaluation
below the depth of the pit may be carried out by means of three or
more soil borings, performed as prescribed in N.J.A.C. 7:9-5.8(f).
The depth of the soil evaluation shall never be less than two feet
below the proposed lowest subsurface floor elevation.
(2)
It is recommended that persons performing soil evaluation not
enter into portions of a soil profile pit which have been excavated
to depths greater than five feet below the surrounding ground surface.
It is the responsibility of persons performing or witnessing soil
evaluation to comply with all applicable federal, state and local
laws and regulations governing occupational safety.
(3)
In soil profile pits and borings, the following characteristics
of each recognizable soil horizon or substratum (not including rock
substrata) shall be determined:
(a)
Depth and thickness of horizon;
(b)
Soil color, using the Munsell system of classification, which
includes an alphanumeric symbol together with a descriptive color
name;
(c)
Estimated soil textural class, using the USDA system of classification;
(d)
Estimated volume percentage of coarse fragment, if present;
(e)
Abundance, size and contrast of mottles, if present;
(f)
Soil structural class (soil profile pits only); and
(g)
Soil consistence.
(4)
Terminology for soil logs shall be as described in N.J.A.C.
7:9A-5.3. Alternate methods may be used as approved by the Borough
Engineer.
D.
Profile pits and soil borings are required to be witnessed by the
Borough. A notice of not less than 48 hours shall be provided. A witness
fee of $300 per profile pit or soil boring is required.
E.
The elevation of the SHWT shall be determined as described in N.J.A.C.
7:9A-5.8 as follows:
(1)
Where mottling is observed, at any season of the year, the SHWT
shall be taken as the highest level at which mottling is observed,
except when the water table is observed at a level higher than the
level of the mottling.
(2)
Where mottling is not observed, the SHWT shall be determined
based upon either of the following methods:
(a)
During the months of January through April, inclusive, water
levels may be measured directly within soil profile pits or borings.
Whenever the Borough determines that there has been a significant
departure from normal climatic conditions, the Borough may, with due
notice to the administrative authority, lengthen or shorten the period
allowed for direct measurement during any given year. In low-lying
coastal areas where groundwater levels fluctuate with the tides, measurements
shall be taken at the time of highest groundwater elevation in response
to tidal fluctuation; or
(b)
During other times of the year, the depth to the SHWT may be
obtained from the Soil Conservation Service County Soil Survey Report,
provided that the soil series present at the site is identified based
upon comparison of soil profile morphology observed within a soil
profile pit, and the soil profile description provided for the soil
series in question within the County Soil Survey Report. In cases
where the SHWT is shown as a range of elevations in the County Soil
Survey Report, the highest elevation of the range shall be used as
the seasonal high water table. The highest elevation determined by
this method shall be decreased by a factor of 1.5. For example, a
SHWT depth of six feet shall be reduced to four feet.
(3)
When the determination of the SHWT must be made in disturbed
ground recognized as prescribed in N.J.A.C. 7:9A-5.10, direct observation
during the months of January through April, inclusive, is the only
method which shall be permitted.
[Added 5-22-2019 by Ord.
No. 2019-03]
A.
It shall be the responsibility of the contractor working at a construction/renovation
site or the owner of a construction/renovation site to secure the
construction/renovation site with a lockable fence to protect the
health and safety of the public. The Borough Engineer or the Construction
Official, in the reasonable exercise of their discretion, shall determine
the type of fence as to material, height, type, fence-locking mechanism,
and the type of machinery that requires fencing and the size of the
hole, cavity or mound that requires fencing so as to protect the health
and safety of the public. The fence shall be installed prior to the
commencement of work and shall remain and be maintained on the construction/renovation
site until there is no longer a hole, cavity or mound, until there
is no machinery or until a structure is closed, whichever is later.
For subdivisions and new single-family construction, it shall be the
responsibility of the contractor/owner to install a fence around the
entire perimeter of the construction area. Fencing is to remain closed/locked/secured
when no personnel are at the construction site or no construction
activities are taking place.
B.
Fences shall be constructed and erected according to trade standards
and of adequate strength to resist wind pressures, and for purposes
of preventing unauthorized entry. Fences shall not be constructed
of barbed wire, razor ribbon, metal spikes, electrified materials
or other dangerous materials. Affixed to the fence shall be two signs.
The first sign shall read, "NO TRESPASSING," and the second sign shall
read "DANGER."
C.
The construction/renovation site must be closed, and the fence locked,
as set forth in this section, at the end of each workday and whenever
the construction/renovation site is not attended to by either the
owner or contractor.
D.
Fences shall not block or prohibit access to fire hydrants or Fire
Department suppression system/standpipe system connections.
E.
Fences erected on construction/renovation sites pursuant to this § 120-22.17 shall be considered temporary fences; and nothing within this § 120-22.17 shall be construed to replace, amend or supersede the provisions of the Borough's Land Use Code at Chapter 120, § 120-22.10, (Vision clearance at intersections).
