[Ord. No. 11-1314; Ord. No. 11-1323; Ord.
No. 2015-1388; Ord. No. 2016-1404; Ord. No. 2015-1391]
A.
Establishment of Zones. For the purposes of this Article, the Borough
is hereby divided into districts, as follows:
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RA
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Residential Agricultural
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R-1
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Single-Family Residential
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R-2
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Single-Family Residential
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R-3
|
Residential
|
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R-3-I
|
Residential Inclusionary
|
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R-4
|
Residential
|
|
R-4-I
|
Residential Inclusionary
|
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AR
|
Age Restricted Housing
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CCRC/AH
|
Continuing Care Retirement Community with Affordable Housing
|
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AH
|
Affordable Housing (Including Age Restricted)
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NC
|
Neighborhood Commercial
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HCC
|
Highway/Community Commercial
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IOP
|
Industrial Office Park
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MFG
|
Manufacturing
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MFG2
|
Manufacturing 2
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OS/GU
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Open Space/Government Use
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RET
|
Large Scale Planned Retail Overlay Zone in Rehabilitation/Planned
Development
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Overlay Area
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(Requires certain requirements be met)
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Route 66
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Redevelopment Area
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CECOM
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Redevelopment Area
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TR
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Transportation Corridor
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B.
Zoning Map. The location and boundaries of the above districts are
hereby established on the Zoning Map of the Borough of Tinton Falls
in Monmouth County dated September 2019, which is filed in the office
of the Borough Clerk.[1] Said map or maps and all notations, references and designations
shown thereon shall be part of this article as if the same were all
fully described and set forth therein.
[Amended 10-1-2019 by Ord. No. 2019-1452]
1.
Zoning Map Amendments.
Ord. No. 2015-1388: The Zoning Map of the Borough of Tinton
Falls is hereby supplemented and amended to reflect the correct zoning
of Block 128.03, Lots 1.04, 1.05, 1.07, 1.08, and 4 from the R-1 Single
Family Residential to the IOP-Industrial Office Park Zone.
Ord. No. 2016-1404: The Zoning Map of the Borough of Tinton
Falls is hereby supplemented and amended to reflect the rezoning of
Block 120, Lot 21.01 from the IOP- Industrial Office Park to the NC-
Neighborhood Commercial Zone.
Ord. No. 2020-1464: The Zoning Map of the Borough of Tinton
Falls is hereby supplemented and amended to reflect the rezoning of
the following properties from the Neighborhood Commercial (NC) Zone
to the Residential (R-4) Zone: Block 3, Lot 3; Block 5.02, Lot 1.02;
Block 5.01, Lot 22.02; Block 6.01, Lot 3; Block 6.02, Lot 6; and Block
7.01 Lot 18.
Ord. No. 2020-1465: The Zoning Map of the Borough of Tinton
Falls is hereby supplemented and amended to reflect the rezoning of
Block 97, Lot 29.02 from the Open Space/Government Use (OS/GU) Zone
to the Residential (R-1) Zone.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Interpretation of Zone Boundaries. Whenever an uncertainty or ambiguity
exists as to the true location of any boundary line of any zone shown
on the map, the following rules shall apply:
1.
The zone boundary lines are intended generally to follow street center
lines, existing lot lines, center lines of railroad right-of-way,
waterways, sewer and utility easements or as otherwise indicated on
Zoning Map. Where a zone boundary line does not coincide with any
such line as above set forth, its location or relation to another
boundary line shall be as designated on said Zoning Map by means of
figures or dimensions expressing distance in feet from a street side
line or other boundary line. In cases of uncertainty or disagreement
as to the true location of any zone boundary line, the determination
thereof shall be with the Board of Adjustment.
2.
In the event that a zone boundary line divides one or more lots,
then the zone boundary line shall be considered the lot limit for
computing all area, bulk, yard buffer and any other dimension requirements
specified in this Article.
D.
Schedule of Permitted Uses. The Schedule of Permitted, Conditional
and Accessory Uses is contained in Schedule A and is hereby made part
of this Chapter. (See Appendix)
Editor's Note: Schedule A is included as an attachment to this chapter.
E.
Schedule of Area, Yard and Building Requirements. The Schedule of
Area, Yard and Building Requirements is contained in Schedule B and
is hereby made part of this Chapter. (See Appendix)
Editor's Note: Schedule B is included as an attachment to this chapter.
F.
Permitted Uses This Zoning Article shall be viewed as permissive.
After the adoption of this Chapter, no uses or structures shall be
permitted in the Borough which are not listed as permitted, accessory
or conditional uses or unless permitted by the Zoning Board of Adjustment
in accordance with applicable State Statutes. Permitted uses shall
require site plan approval by the appropriate Board.
G.
Conditional Uses. Notwithstanding compliance with specific conditional
use standards hereinafter set forth, conditional uses shall require
site plan approval by the appropriate Board.
A.
General.
1.
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designed, used or intended to be used for
any purpose or in any manner other than as specified among the uses
listed as permitted, accessory or conditional in the district in which
such building or land is located.
2.
No building or structure shall be erected, reconstructed or structurally
altered to exceed in height the limit designated in the district in
which such building or structure is located.
3.
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt, nor shall any
open space surrounding any building be encroached upon or reduced
in any manner, except in conformity with the yard, lot area and building
location regulations hereinafter designated for the district in which
such building or open space is located.
4.
The area or dimension of any lot, yard, parking area or other space
shall not be reduced to less than the minimum required by this Article;
and if, already less than the minimum required by this Chapter, said
area or dimension shall not be further reduced. The provisions and
restrictions contained in this Article shall not apply to or be binding
upon the Borough of Tinton Falls.
5.
Grading or other disturbance of property shall be accomplished in
accordance with approved plans, good industry practice and in a manner
to avoid damage to any property, including public infrastructure and
neighboring lots, and to protect the health and safety of the public.
No new development or changes to existing property shall result in
a negative impact to adjacent properties. The applicant or property
owner shall be responsible for addressing negative impacts to neighboring
properties as related to grading or other property disturbance to
the satisfaction of the Construction Official or Borough Engineer.
[Added 10-1-2019 by Ord.
No. 2019-1452]
6.
No building or structure shall be erected on, nor shall any clearing
or grading take place on, any property not owned by the entity performing
the work without prior written approval and easements from the property
owner on which the work is taking place and approval of a zoning permit.
[Added 10-1-2019 by Ord.
No. 2019-1452]
B.
Yard Regulations.
1.
Required Yards.
a.
Every lot shall include front, side and rear yards having the areas
and dimensions required within the particular zone in which said lot
is located.
b.
No yard or other open space provided for any building for the purpose,
of complying with the provisions of this Article shall be considered
as providing a yard or other open space for any other building on
any other lot.
c.
No land in a residential zone shall be used to fulfill open space,
minimum areas, minimum yard and setback requirements, parking or other
similar requirements for uses in nonresidential zones.
2.
Front Yards on Corner Lots. Where a lot is bounded by more than one
street and is a corner lot as defined in this Chapter, the front yard
setback requirements for the zone shall be satisfied with respect
to each abutting street. The remaining yards shall be considered a
rear yard. Corner lots shall have two front yards and two rear yards.
3.
Front Yards on all Other Lots with Multiple Frontages. Where a lot
is bounded by more than one street and is not a corner lot as defined
by this Chapter, such as through lots or lots with multiple frontages,
the front yard setback requirements for the zone shall be satisfied
with respect to each abutting street. The remaining yards abutting
adjacent property shall be considered a side yard. Accessory structures
in yard areas opposite the front yard as determined by street address
shall conform to front yard setback requirements and be screened by
fencing or landscaping in compliance with this Chapter.
C.
Projections and Encroachments. Yards required by this article shall
be free of buildings, structures or parts thereof, and no building
or structure shall project into any front, side or rear yard required
by this article, nor shall use be made of such yard, except as follows:
1.
Driveways providing access to permitted garages or parking areas:
provided, however, that in residential zones driveways used to provide
access to private garages shall not be wider than 20 feet and shall
be set back a minimum of five feet from the property line. If direct
access to the garage requires a width greater than 20 feet, then the
driveway width may be increased only to accommodate direct access
in the garage.
2.
Sills, leaders, eaves, soffits and similar ornamental or structural
features may project not more than six inches into any required yard.
3.
Fences and retaining walls, where specifically permitted in this
chapter.
4.
Television antennas and radio aerial masts, children's playground
equipment, outdoor fireplaces and yard clothes lines and posts but
must be set back at least 10 feet from any property line. Such structures
shall not be located in the front yard.
5.
Accessory buildings and uses, including swimming pools, where specifically
permitted in this chapter.
6.
Stair encroachments into yard areas are permitted in front and rear
yard areas only by no more than three feet. No encroachments in the
side yard area are permitted.
[Added 10-1-2019 by Ord.
No. 2019-1452]
D.
Critical Environmental Areas.
2.
Critical environmental areas shall be preserved and not built upon.
Where a property containing critical environmental areas is proposed
for development or other improvements, no proposed structures or fill
shall be located within the critical environmental areas.
3.
Residential Development. A minimum rear yard area of 10% of the total
lot area, contiguous to the proposed building footprint and unencumbered
by critical environmental areas shall be provided. The ratio width
to depth for each rear yard area shall not exceed 2.5 to 1.
4.
Nonresidential Development. Any and all buffer requirements for principal
structures, accessory structures, parking spaces and drive aisles
shall be measured from critical environmental areas.
5.
The 100-year flood plain shall be at least that area designated on
the streams identified on maps prepared by the Federal Emergency Management
Agency and the State of New Jersey, or such broader area on those
streams as might result from on-site evaluation.
6.
On streams not identified by said maps, the 100-year flood plain
shall be as delineated by a developer's engineer and approved by the
Board Engineer and the State of New Jersey Division of Water Resources.
The flood hazard design elevation shall be determined on an individual
basis based upon stream encroachment line data from the Division of
Water Resources or, in the absence of that data, the flood elevation
based on a 100-year storm frequency. One or the other shall be delineated
on the plat. In addition, the Board Engineer may, upon receipt of
the application and with the consent of the landowner, determine the
precise location of the floodway and flood fringe area by close inspection,
field survey or other appropriate method and cause the same to be
marked on the ground and on the plat, notifying the owner, the New
Jersey Department of Environmental Protection, Division of Water Resources,
and the Board. Where State or Federal agencies have or will publish
any reports which clearly delineate by contours the flood hazard design
elevation of a watercourse, said report shall be the officially delineated
flood hazard area as if said report were published in this Chapter.
7.
Any lot containing a critical environmental area on which it is proposed
to regrade and/or construct an improvement shall not be permitted
unless the proposed development and use are permitted by this Chapter,
plat approval has been granted, and any required permits have been
issued by the New Jersey Department of Environmental Protection.
8.
No septic systems shall be in critical environmental areas.
9.
Permitted uses in critical environmental areas shall be as follows,
provided they are permitted uses in the district in which the critical
environmental areas is located and provided that none of these uses
adversely affect the hydraulic capacity, water surface elevation,
water quality and turbidity, erosion potential, wildlife habitat and
other environmental impacts of critical environmental areas:
a.
Agriculture: general farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming and
wild crop harvesting.
b.
Recreation: golf courses, playing fields, swimming areas, boat launching
ramps, picnic and camping, and open space uses such as hiking trails.
c.
Residential: lawns, gardens, and play areas.
10.
The applicant shall submit maps, reports and other appropriate documents
permitting the Board to evaluate whether the proposal has an inherent
low flood damage potential; does not obstruct flood flows or increase
flood heights and/or velocities; does not affect adversely the water-carrying
capacity of any delineated floodway and/or channel; does not increase
local runoff and erosion; does not unduly stress the natural environment
or degrade the quality of surface water or the quality and quantity
of groundwater; does not require channel modification or relocation;
does not require fill or the erection of structures; and does not
include the storage of equipment and materials.
E.
Conservation Easements.
1.
The removal of trees and ground cover shall be prohibited in a conservation
easement or flood plains except for the following purposes: The removal
of dead or diseased trees; limited thinning of trees and growth to
encourage the most desirable growth; and the removal of trees to allow
for structures designed to impound water or areas to be flooded as
a result of the creation of ponds or lakes. Any changes, additions
or removals of any materials within a conservation easement shall
be subject of a permit from the Administrative Officer or his/her
designee.
F.
Mining.
1.
Purpose. The purpose of this section is to establish guidelines for
grading, drainage, erosion control and other provisions of this Chapter
for existing sand and gravel operations. These regulations are brought
about by numerous old pits that were abandoned without regard for
future use, environmental considerations or aesthetic concerns, yet
these abandoned operations are now in the path of development. These
provisions are intended to guide those existing mines that are permitted
to continue, but to establish standards to assure that these mines
are operated in a safe, healthful and aesthetic manner, and so that
the site is usable subsequent to completion of the excavating process.
2.
No new mining sites are permitted.
3.
The operating face of an area being mined shall not be closer to
any property line or public street right-of-way than 100 feet, such
limit to also extend vertically into the earth for any subterranean
excavations.
4.
The operator shall maintain a protective buffer zone which shall
consist of a strip of land a minimum of 50 feet in width measured
from the property lines of adjoining properties. This buffer zone
shall be planted and maintained throughout the life of the mining
operation. In addition, along the top edge of any mine pit with an
operating face higher than 20 feet, the trees, shrubbery and other
growth shall be removed for a distance of not less than 40 feet from
such edge to permit a clear view of the slope. Appropriate warning
signs of a permanent type shall be posted in the vicinity citing the
danger.
5.
Upon termination of a mining operation, the property shall be left
in a condition where no dangerous holes or other hazards exist and
where there is proper drainage to prevent the accumulation of stagnant
water on the property. The resulting land surface shall be graded
and drained so that storm waters will not collect on the property
and storm waters draining from the property will not create flooding,
erosion, siltation or hazardous conditions on or beyond the properties.
All areas where the excavation is completed shall be landscaped with
conifers and/or deciduous trees spaced on center no more distant than
50 feet, as well as planted and maintained with perennial rye at a
quantity of 25 pounds per 6,000 square feet.
6.
Applications, bonds, permits and operations shall be as required
by the Freehold Soil Conservation District, in addition to the following:
a.
The name, address, phone number and signature of the owner(s); the
applicant, if different from the owner; and the person who will be
in charge of the work.
b.
Tax Map sheet, block and lot numbers.
c.
The routes to and from the site over which the transporting of removed
soil shall take place.
d.
The location of any streams, flood plain areas or ponds, lakes or
other bodies of water within 1,000 feet of the premises involved.
e.
The area to be disturbed shown in sections of not more than three
acres and numbered consecutively indicating the order of sections
to be disturbed and graded.
f.
Location of borings, which shall extend not less than four feet below
the proposed finished grade and which shall include the soil description
and water table so found. Not less than three borings per acre shall
be made. The Borough Engineer may require additional borings if, in
his opinion, the conditions warrant additional data.
g.
The period for which the permit is sought, together with the proposed
timetable covering the entire period and when all work will be completed.
h.
All work shall be accomplished pursuant to the terms of the permit
as issued and, in addition, the following regulations shall be strictly
adhered to:
(1)
The removal of any topsoil from the premises involved is expressly
prohibited. All topsoil on premises involved shall be temporarily
stored on the premises inside a fenced area during operations, and
after grading is completed, the topsoil shall be respread on the premises
to a depth of not less than six inches.
(2)
Not more than three acres shall be disturbed at any one time.
(3)
All trees, stumps and brush shall either be removed from the
premises or shall be chipped into mulch and spread on-site to aid
in reestablishing top soil. Unchipped material shall not be buried.
(4)
Immediately upon completion of the respreading of the topsoil,
the entire area shall be reseeded with grass seed or other cover crop
as described in the permit.
(5)
No excavation shall be permitted below the grade of any adjoining
road unless the beginning of the slope is at least 100 feet from the
road's right-of-way and the slope conforms to paragraph h(9) below.
(6)
Soil removed or disturbed shall not be deposited or in any way
thrown or placed upon adjoining property or roads.
(7)
All operations shall be conducted in strict accordance with
Federal and State laws, other ordinances of the Borough, and pursuant
to the terms of the permit as granted.
(8)
All operations shall be conducted so as not to constitute a
public or private nuisance or create any dangerous conditions.
(9)
No slopes created by any operation shall exceed one to one during
the course of the operation. Slopes remaining at the completion of
the work shall be limited by the type of permanent vegetative cover
and the ability to maintain the surface. Maximum final slope shall
not exceed one foot vertical per two feet horizontal. In active gravel
pits or borrow pits, only the working face may have a slope exceeding
one foot vertical per two feet horizontal. The working face slope
shall not exceed one to one.
(10)
Hours of operation shall be limited to the following: 7:00 a.m.
to 6:00 p.m. (prevailing time), Monday through Saturday. No hours
of operation shall be permitted on Sunday.
(11)
Failure by a permittee to comply with the provisions of this
Chapter or of a permit issued pursuant hereto shall be grounds for
the immediate revocation and withdrawal of the permit by the Borough
and shall constitute reason for the denial of any future permit to
the permittee on the same premises or any other premises.
(12)
Acceptance of the permit, when granted, shall constitute the
granting of right of entry to Borough Officials for the purpose of
making inspections of the work.
A.
Lot Frontage. Every principal building shall be built upon a lot
with the minimum required frontage upon an approved street, having
a right-of-way width of at least 50 feet, which shall be improved
in accordance with the street standards established by the Borough
of Tinton Falls or the Residential Site Improvement Standards (RSIS),
as applicable.
C.
Flag Lots and Through Lots. Flag lots and through lots on two or
more streets are not permitted.
[Ord. No. 11-1314 § 11]
A.
Only one principal use may be present on a lot, except for related
uses forming one principal use in accordance with an approved plan,
and limited to the following:
B.
Only one principal building may be erected on a lot except for related
buildings forming one principal use in accordance with an approved
plan, and limited to the following:
1.
Public or institutional building complexes.
2.
Office complexes or retail shopping centers.
3.
Multi-family dwelling complexes.
4.
Continuing care requirement communities. Developments with multiple
buildings and uses as enumerated above may be approved on one lot
provided each principal building and its accessory buildings are designed
and spaced on the tract so they are spaced to allow a conforming subdivision
at some future date by having the required street frontage, not exceeding
the applicable floor area ratio, and meeting minimum lot size, lot
dimensions, yards, parking, lot coverage, building coverage, and similar
zoning and bulk requirements.
C.
No new building shall be constructed on or any existing building
altered or moved onto any lot for use as dwelling when there exists
on said lot a building which is being used for dwelling purposes.
[Ord. No. 11-1317 § 2]
A.
Desiring to minimize impacts on nearby residential properties and
cognizant of the environmentally sensitive nature of the Shafto Road
corridor, this chapter specifically prohibits asphalt manufacturing
plants, concrete manufacturing plants, resource recycling facilities,
and waste transfer stations in the MFG Manufacturing Zone. Asphalt
manufacturing plants, concrete manufacturing plants, resource recycling
facilities, and waste transfer stations are permitted in the MFG-2
Manufacturing 2 Zone, south of State Route 18, north of US Naval Weapon
Station Earle and west of Pine Brook Road. Single stream recycling
facilities are conditionally permitted in the MFG Manufacturing Zone.
B.
No temporary building or structure shall be permitted within any
zone in the Borough of Tinton Falls, except those incidental to construction
activities taking place on the premises, provided that such shall
be removed upon completion or abandonment of the work.
C.
The temporary stockpiling or display of merchandise, equipment or
inventory is prohibited in any zone except under the following conditions:
that such stockpile or display is permitted as to use, and meets all
of the requirements for setbacks, screening and the like established
for the particular zone in which said activity is conducted.
D.
No tourist cabins, tourist camps or trailer camps shall be permitted
in any zone within the Borough of Tinton Falls, nor shall any trailer
be permitted for residential use within any zone within the Borough
of Tinton Falls.
E.
No motor vehicle, vehicle, watercraft, trailer, recreational vehicle
shall be parked in or on any grassy area that constitutes the front
yard of any dwelling within the Borough of Tinton Falls.
F.
No portable storage unit (shipping container, trailer, POD, etc.)
shall be parked in or on any grassy area that constitutes the front
yard of any dwelling within the Borough of Tinton Falls. Parking of
the above-mentioned classes of storage units shall be confined to
a driveway for no longer than 30 days or other approved parking area
and shall not interfere with any required parking stall. The use of
any class of storage unit shall be subject to the appropriate permitting
requirements of the Borough.
G.
No temporary garage or similar structure constructed of wood, fiberglass,
plastic or metal poles, with or without a foundation or footings,
clad in fabric, vinyl or other such material for the purposes of storing
motor vehicles, recreational vehicles, or any household or other goods
shall be permitted.
H.
No school bus or school vehicles of any type used for the transportation
of passengers as defined in N.J.S.A. 39:1-1 shall be permitted to
park on any street or property within the Borough of Tinton Falls
overnight. This section shall not apply to the parking of school buses
on school-owned lands, public or private, or on streets contiguous
to any school, public or private, within the Borough of Tinton Falls
during school hours.
I.
Duplex units and mobile homes/trailers shall not be permitted.
[Added 10-1-2019 by Ord.
No. 2019-1452]
J.
All classes
of cannabis licenses as said terms are defined in section 3 of P.L.
2021, c. 16, are prohibited from operating anywhere in the Borough
of Tinton Falls but not the delivery of cannabis items and related
supplies by a delivery service not subject to local jurisdiction.
[Added 7-13-2021 by Ord. No. 2021-1474]
[Ord. No. 11-1314 §§ 13
- 16; Ord. No. 2015-1391; Ord. No. 2018-1434 § 1]
A.
General Requirements.
1.
No accessory building or structure shall be constructed on any lot
on which there is not a principal building.
2.
Any accessory building or structure attached to the principal building
shall be considered part of the principal building.
3.
Play sets, swing sets, jungle gyms and related equipment, as well
as ponds and other water features shall be considered accessory structures
in this chapter.
4.
No accessory building, structure, or use shall be permitted on any
lot other than the same lot as the principal structure to which it
serves.
[Added 10-1-2019 by Ord.
No. 2019-1452]
B.
The following requirements shall be complied with in all residential
zones:
1.
No accessory building or structure shall be used for human habitation.
2.
Except as specifically permitted elsewhere in this article, no accessory
building or structure shall exceed 15 feet in height.
3.
Pools shall be located no closer than 10 feet to any other building.
[Amended 10-1-2019 by Ord. No. 2019-1452]
4.
No accessory building or structure shall be located closer to a right-of-way
line than the principal building. On corner lots, accessory building
or structure shall not be located closer to a street than the minimum
front yard requirements for the district and screened by landscaping
in compliance with this chapter.
5.
Up to two accessory buildings are permitted on a lot. Accessory buildings
or structures located on the same lot must be for different uses and
shall not exceed an area of 400 square feet maximum per site. For
example, one detached garage and associated driveway is permitted
provided there is no attached garage. One accessory building for household
goods and equipment such as a cabana, barn, tool shed, storage shed,
or garden shed accessory to a detached single-family dwelling is permitted.
[Amended 10-1-2019 by Ord. No. 2019-1452]
6.
No accessory building or structure shall have an area greater than
400 square feet.
[Amended 10-1-2019 by Ord. No. 2019-1452]
7.
An accessory building or structure less than 10 feet in height shall
not be closer than five feet to a side lot line or three feet from
a rear lot line and shall only be permitted to the rear of the principal
building.
[Amended 10-1-2019 by Ord. No. 2019-1452]
8.
An accessory building or structure greater than 10 feet in height
shall not be closer than the height of the building to a side or rear
lot line and shall only be permitted to the side or rear of the principal
building.
[Amended 10-1-2019 by Ord. No. 2019-1452]
C.
The following requirements shall be complied with in all nonresidential
zones:
[Amended 10-1-2019 by Ord. No. 2019-1452]
1.
Except as specifically permitted elsewhere in this article, no accessory
building or structure shall exceed 15 feet or be more than one story
in height.
2.
No accessory building or structure shall be permitted in any front
yard.
3.
Accessory buildings and structures built within the side yard must
meet all side yard setbacks.
4.
Accessory buildings and structures shall not be closer than the height
of the accessory building to a rear lot line.
5.
No accessory building or structure in a nonresidential district shall
have an area greater than 400 square feet.
6.
Up to two accessory buildings or structures are permitted on a lot.
D.
Requirements — Specific Accessory Structures and Uses. Requirements
for specific accessory structures and uses.
1.
Outdoor Storage.
a.
Outdoor storage, except for the outdoor storage and display of retail
goods and merchandise within designated areas as permitted herein,
is prohibited within the front yard or in a side yard adjoining a
street.
b.
The outdoor storage of any items, materials and equipment, other
than those customarily placed in courtyards and yards, incidental
to authorized residential use and occupancy, is prohibited in all
residential zones.
c.
No flammable or explosive liquids, solids or gases shall be stored
above ground unless as otherwise required by applicable federal, state
or local regulations. Tanks or drums of fuel directly connecting with
heating devices or appliances located on the same premises as the
tanks or drums of fuel are excluded from this provision.
d.
No materials or wastes shall be stored on any premises in such form
or manner that they may be transferred off such premises by natural
causes or forces such as wind or water.
e.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard, or which may be edible by or otherwise attractive
to rodents or insects, shall be stored outdoors only in closed containers.
f.
Commercial Outdoor Storage.
(1)
All commercial outdoor storage, except for the outdoor storage
and display of retail goods and merchandise within designated areas
as permitted herein, shall be set back from a school or recreation
area at least 300 feet and set back from any residential property
line at least 100 feet.
(2)
All commercial outdoor storage, except for the outdoor storage
and display of retail goods and merchandise within designated areas
as permitted herein, shall be in the rear or side yard and screened
from view of all public streets by buildings and/or a fifty-foot buffer
of dense evergreen plant material and/or fences as deemed necessary
by the Board to achieve the intended buffer.
(3)
Retail Wholesale Stores. Outdoor storage and display of lumber,
building supplies, nursery stock, and garden supplies shall be permitted
provided the material is limited to a single area of the site and
this area does not exceed 10% of the lot area.
(4)
Landscaping, Construction, Demolition or other such Contractors.
Outdoor equipment storage such as construction equipment, trucks,
chippers, mulch piles and stockpiles of clean materials shall be permitted,
provided the equipment and materials are limited to a single area
of the site and this area does not exceed 50% of the lot area. Under
no circumstances shall any stored material leave the site by natural
causes or forces such as wind or water.
(5)
Concrete and Asphalt Manufacturing Plants. Outdoor equipment
storage such as loaders, trucks, and other such equipment and stockpiles
of aggregate materials shall be permitted provided the equipment and
materials are limited to a single area of the site and this area does
not exceed 10% of the lot area. Aggregate materials must be stored
in designated bins or other such constructions. Under no circumstances
shall any stored material leave the site by natural causes or forces
such as wind or water.
(6)
Outdoor Storage and Display of Retail Goods and Merchandise.
The outdoor storage and display of retail goods and merchandise shall
be permitted provided that the storage and display of such goods and
merchandise takes place within designated areas approved by the Planning
Board, Board of Adjustment, or Administrative Officer. The outdoor
storage and display of retail goods and merchandise shall take place
in an orderly manner and shall not create a junk like condition that
results in a negative visual impact when viewed from a public street,
right-of-way, or an adjacent property, nor shall such storage and
display of retail goods and merchandise encroach upon any required
yard setback. Each designated storage and display area shall be screened
from all public rights-of-way and adjacent properties through a combination
of fencing and landscaping. Fencing shall be provided in accordance
with the provisions of § 40-33.D.5. Landscaping shall be
provided around the outside of the fenced outdoor storage and display
area in accordance with § 40-25.D and § 40-25.E.
(7)
All Other Commercial Uses. Outdoor display or storage of any
materials are prohibited.
(8)
Resource recycling facilities are governed by separate ordinance
section.
(9)
Single Stream Recycling Facilities. Outdoor equipment storage
such as construction equipment, loaders, trucks and other such equipment,
outdoor storage of Class A, Class B and Class C recyclable materials
(excepting they're from source separated food waste), and outdoor
processing of Class B and Class C recyclable materials (excepting
they're from source separated food waste) and scrap metal shall be
permitted provided the equipment, processing and materials are limited
to a single area of the site and this area does not exceed 65% of
the lot area. Pre- and post-processed recyclable materials must be
stored in designated bins or similar enclosures. Under no circumstances
shall any material stored outdoors leave the site by routinely occurring
natural causes or forces such as wind or water.
2.
Decks and Patios.
a.
Any decks or patios above grade shall meet the required yard setbacks
for principal buildings.
b.
Decks and patios shall be permitted in the side and rear yard area
only.
c.
Second story decks shall be permitted if accessed from the building
interior only. No second floor decks shall be permitted on accessory
buildings.
d.
Any decks and patios at grade shall be located no closer than 10
feet to any property line.
e.
All decks and patios shall be included in the calculation of total
lot coverage.
f.
The elevation of the second floor deck shall be no higher than the
finished second floor elevation.
3.
Swimming Pools/Hot Tubs/Spas.
a.
Only one pool and one hot tub/spa shall be permitted per single-family
residence. No private residential pool/hot tub/spa shall be installed
on any lot without a residence.
b.
The water edge of the pool and hot tub/spa shall be a minimum of
15 feet from the side and rear lot lines.
c.
The water surface of any swimming pool, hot tub or spa shall not
be included in the calculation of lot coverage.
d.
Fencing in the front yard shall not be located closer than the front
building line or 20 feet from the front property line, whichever is
greater. Safety fencing height shall be four feet.
e.
All private swimming pools/hot tubs/spas shall only be located in
a rear yard.
f.
On any corner lot or through lot, no part of any private swimming
pool shall be constructed within the front yard area required to be
provided on any street.
g.
Artificial lights used or maintained in connection with a private
swimming pool shall be so located and shielded that the illumination
therefrom is not directed upon any adjacent property.
h.
No private swimming pool shall be used other than as an accessory
use of the premises whereon it is located.
i.
Any buildings or structures erected in conjunction with a swimming
pool shall comply with the provisions of accessory structures.
j.
Any noise-generating equipment shall be located so as to minimize
the impact upon adjacent properties.
k.
All associated pool and hot tub/spa equipment shall be a minimum
of 10 feet from the side and rear lot lines.
[Added 10-1-2019 by Ord.
No. 2019-1452]
4.
Tennis/Sports Courts.
a.
Only one tennis/sports court shall be permitted per single-family
residence. No tennis/sports court shall be installed on any lot without
a residence.
b.
Tennis/sports courts shall be a minimum of 20 feet from any property
line.
c.
Fencing in the front yard shall not be located closer than the front
building line or 20 feet from the front property line, whichever is
greater. Maximum height shall be 10 feet. Fencing shall be coated
chain link. Slats are prohibited. Fabric/netting is allowed up to
a maximum height of four feet.
d.
All tennis/sports courts shall only be located in a rear yard.
e.
On any corner lot, no part of any tennis/sports court shall be constructed
within the front yard area required to be provided on either street.
f.
Artificial lights used or maintained in connection with a tennis/sports
court shall be so located and shielded that the illumination there
from is not directed upon any adjacent property. No lighting may remain
lit after 10:00 p.m.
g.
No tennis/sports court shall be used other than as an accessory use
of the premises whereon it is located.
h.
Any buildings or structures erected in conjunction with a tennis/sports
court shall comply with the provisions of accessory structures.
5.
Fences and Walls.
[Amended 10-1-2019 by Ord. No. 2019-1452]
a.
All fences, walls or similar structures shall be considered accessory
structures. No fences or walls shall be erected without a principal
use.
b.
Fences and walls shall not be located in any required sight triangle
or in a public right-of-way.
c.
All fences and walls shall be designed and constructed so as not
to block the flow of surface water and to permit adequate drainage.
d.
Fences and walls topped with barbed wire, razor wire, broken glass,
or similar materials, or that are electrically charged, are prohibited
except barbed wire and electrically charged fence may be used on farm
qualified properties.
e.
Fences and walls shall not contain signage or other displays unless
otherwise permitted herein.
f.
Wire mesh (except when used on farm qualified properties and as outlined
below), canvas, cloth, and other similar materials are prohibited
as either a fence or wall, or as an attachment to a fence or wall.
Black galvanized steel wire mesh, 12.5 gauge minimum, or black vinyl
coated chain link may be permitted as an attachment to split rail
fences around drainage basins or swimming pools where required for
safety purposes by the Planning/Zoning Board or its professionals
or the Construction Official.
g.
Freestanding walls shall be constructed of brick or decorative stone
only. Retaining walls required to implement grading plans approved
by the Borough/Board Engineer may be constructed of treated lumber,
or synthetic, or masonry products meeting nationally recognized engineering
standards for retaining wall purposes.
h.
All fences and walls shall be constructed for permanency. No temporary
fences or walls are permitted except for construction fences or walls
(such as when used as a soil erosion control method), but only with
the prior approval of the Board. Snow fences are also permitted as
a temporary fence with the approval of the Borough Engineer for the
safety of, and to promote the general welfare of, the residents of
the Borough.
i.
Fences in the front yard shall not exceed four feet in height (except
on farm qualified properties), shall be set back at least 10 feet
from the edge of the front property line.
j.
Walls in the front yard shall not exceed two feet in height and shall
be set back at least 10 feet from the edge of the front property line.
k.
Fences in the front yard shall be limited to split rail, picket,
or decorative metal with an open area of at least 50%.
l.
Chain link fences are not allowed in the front yard except that in
neighborhoods where the prevailing lot widths are 40 feet, but no
greater than 80 feet, a chain link fence is allowed in the front yard
on those lots where the lot width is no greater than 80 feet. Slats
are not allowed in front yard fences.
m.
Fences and walls in side and rear yards shall not exceed six feet
in height (except on farm qualified properties).
n.
For corner lots or lots with multiple frontages, fences in a front
yard that is not the front yard as determined by street address shall
not exceed six feet in height and may be of solid construction if
the fence conforms to the front yard setback requirements and is screened
by landscaping in compliance with this chapter.
o.
For through lots abutting Heritage Boulevard and another street,
six-foot-high solid fences are permitted to be set back no less than
five feet and no greater than a distance of 10 feet from the Heritage
Boulevard right-of-way, and shall meet all other requirements of this
section. For any six-foot-high fence along Heritage Boulevard, an
evergreen landscaped buffer no less than three feet in width shall
be provided between the fence and Heritage Boulevard.
p.
The height of any fence or wall shall be measured from the adjacent
finished grade.
q.
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 Borough of Tinton Falls.
r.
The finished or right side of any fence or wall shall face the adjoining
property or street.
s.
The Zoning Official may deny fence permits on corner lots if he determines
that the installation of said fences will adversely affect automobile
sight lines, thereby creating a danger to public safety.
t.
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.
u.
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 six inches above the grade of the land.
v.
For any retaining wall three feet in height or greater, signed and
sealed structural plans, details, and calculations prepared by a professional
engineer licensed in the State of New Jersey must be submitted to
the Borough Construction Official for review and approval. Grading
plans prepared by a professional engineer licensed in the State of
New Jersey must be submitted to the Borough Engineer for review and
approval.
6.
Family Day Care Homes. Family day care homes are permitted as an
accessory use in all single-family residential zones and shall be
licensed by the New Jersey Department of Human Services and provided
it adheres to the following conditions.
a.
A family day care home operating in a detached single-family dwelling
is limited to no more than five children in addition to the children
of the residents of the home.
b.
The property shall meet the minimum area and dimensional requirements
for the lot in this zone and provides a minimum of four off-street
parking spaces and a paved driveway measuring at least 18 feet wide
by 40 feet in length.
7.
Home Occupation. Home occupations are permitted as an accessory use
in all single-family residential zones provided the occupant adhere
to the following conditions.
a.
The home occupation shall occupy no more than 900 square feet, or
the equivalent of 25% of the first floor of a residence, whichever
is smaller.
b.
A maximum of one room may be used for work purposes.
c.
The activity must be conducted in the primary dwelling unit and not
conducted in a garage or other accessory structure.
d.
The remainder of the dwelling unit must meet all other health, safety
and related requirements for a dwelling unit.
e.
No more than one full-time or part-time employee may work at the
dwelling, other than the resident(s) of the dwelling, provided there
is sufficient off-street parking for the employee.
f.
No employee may be dispatched from the site.
g.
No sign shall be visible from the exterior of the dwelling.
h.
No activity shall be visible from a property line or the street.
i.
No change in the exterior of the residential appearance of the dwelling.
j.
There shall be no occupational sound, light, or other nuisance created
which would be audible or visible outside the building.
k.
There will be no delivery of bulk raw materials to, or shipment of
finished goods from, the site and the use does not result in on-site
sales or visitations by customers or clients.
l.
If these conditions are all met, the use is considered a customary
and incidental use of the home for the convenience of the resident
occupant and no permit or approval shall be required.
m.
If any of the conditions are not met, the function shall not be a
permitted use.
8.
Non-Registered Vehicles. No disabled or unregistered vehicles shall
be stored in any district except in an enclosed building. A motor
vehicle shall be deemed to be stored if it has been on the property
for a time period of at least 10 days. No motor vehicle which is on
blocks or any type of lifting device shall be left unattended unless
housed within a garage. No motor vehicle shall be parked on any property
unless it is currently registered, insured and operable and parked
on a prepared surface, such as paved, graveled or stoned.
9.
Commercial Vehicle Parking. Any vehicle used for commercial purposes
shall not be parked, stored or maintained on any lot in a residential
zone except:
a.
No more than two motorized vehicles (maximum two vehicles) used for
commercial purposes may be parked, stored or maintained on any lot
in a residential zone, but only if any such vehicle (i) has a height
of eight feet or less (excluding antennas and exhaust stacks), and
(ii) has a length of 20 feet or less which length shall be measured
as the total overall length but not including removable accessories.
(1)
Any vehicle bearing a commercial, tractor, livery, school bus
or omnibus motor vehicle registration shall be presumed to be used
for commercial purposes.
(2)
Notwithstanding any provision in this Chapter to the contrary,
garbage trucks, tanker trucks, waste disposal vehicles, buses, tractor
trailers or motorized construction vehicles/equipment are expressly
prohibited from being parked, stored or maintained in any residential
zone.
(3)
The owner/operator of any commercial vehicle(s) shall reside
on the property on which the vehicle is parked.
b.
Vehicles parked on any such lot for making deliveries, or service
vehicles providing a service to the dwelling located on any such lot
are excepted from this provision for as long as the vehicle is being
used to make a delivery or the operator is performing a service.
c.
Any vehicle used on a farm as defined in this Chapter is expressly
exempt from this provision.
10.
Recreational Vehicles. The parking of recreational vehicles less
than six feet in height shall be confined to the rear yard on a prepared
surface, not unlike a driveway, and shall be 15 feet from any property
line. All other recreational vehicles shall not be parked, stored,
or maintained on any lot. One vehicle as described in the definition
of recreational vehicles is permitted.
11.
Antennas and Satellite Dishes.
a.
Permanently installed amateur radio transmitting and receiving antennas
and their associated towers, television receiving antennas, and satellite
receiving dish receiving antennas are permitted in every zoning district
as an accessory to a principal use on the same lot, provided:
(1)
Where practical, wires and cables running between the device
and any other structure are installed underground.
(2)
There is no advertising attached to the tower or antenna.
(3)
The natural grade of the lot shall not be changed to increase
the elevation of a tower.
(4)
The device shall be colored, constructed, located and screened
from view to the maximum extent practicable, so as to minimize the
visual impact from adjoining properties and public rights-of-way.
b.
An antenna, tower, and related devices shall be located only on a
building or in a side or rear yard. It shall not be located in a front
yard.
c.
An antenna, including a tower, if any, shall be set back from the
side or rear lot lines a distance at least equal to the toppling distance
of the device, but in no instance shall it be closer to a lot line
than as follows:
d.
Plantings shall be used to minimize visual impact and shall be evergreen
trees, placed two feet apart around that portion of the device which
can be seen from an adjacent lot or public right-of-way. The plantings
shall be such that they will screen the device without interfering
with the effectiveness of the antenna.
e.
Where an antenna is mounted on a building the top of the antenna
shall not exceed the height of the roof line of the building on which
it is located by more than the following:
f.
The maximum height of a ground mounted dish antenna shall be 15 feet
in a residential zone and 17 feet in a nonresidential zone.
g.
The maximum diameter of any dish antenna shall be 10 feet for residential
uses and 12 feet for commercial or public uses.
h.
Notwithstanding the above, a dish antenna that is less than two feet
in diameter may be mounted anywhere on a building and need not be
screened.
i.
The height of a ground mounted antenna tower may not exceed 40 feet.
An amateur radio type of antenna mounted on such a tower may extend
a maximum of 15 feet above the top of the tower.
j.
Portable dish antennas (not permanently mounted on a building or
permanently affixed to the ground) are prohibited in all residential
zoning districts, except for demonstration purposes only, which may
remain on a lot for a period not to exceed 48 hours.
12.
Parking Garages.
a.
Parking garages are permitted accessory uses to a principal use on
the same property. Parking garages are not to be considered permitted
principal uses and may not be located on a lot without a principal
use.
b.
No more than four parking levels are permitted and shall not exceed
the height of the principal structure.
c.
Parking garages shall be set back from perimeter lot lines and/or
lease lines the same as required for principal buildings.
d.
Each parking garage shall have at least one pedestrian exit toward
each building it serves and each parking garage having three or four
levels shall have at least one covered walkway exiting either the
third or fourth level of the garage into each building it serves.
13.
Accessory Retail within Larger Office and Industrial Facilities.
a.
In a single building containing at least 100,000 square feet of gross
floor area.
(1)
Accessory convenience services such as, but not limited to,
banking services, gift shop, newsstand, office supplies, dry cleaners,
travel agent/ticket sales, and pharmacy may be permitted provided
these uses are incidental and subordinate to the principal use, are
for the convenience of the employees in the complex, and do not exceed
the equivalent of 3% of the gross floor area of the building or 4,000
square feet, whichever is less.
(2)
These services shall be designed as an integral part of the
interior of the building and shall have no separate, exterior means
of access for the customers. They may be located throughout the building
or in one area, but there shall be no separate structure(s) for retail
purposes, including no separate shopping center.
(3)
In designing the proposed services, drive-up window services
shall not be permitted.
b.
Within a complex of one or more principal structures containing more
than 200,000 square feet of gross floor area.
(1)
Accessory convenience services such as, but not be limited to,
a restaurant and/or cafeteria and retail/business services. All of
these services shall be designed within the interior of one or more
buildings as an accessory use.
(2)
Exterior access and drive-up window services are not permitted.
(3)
In a development of this size, recreation facilities shall be
required such as, but not limited to, indoor exercise facilities,
outdoor jogging/walking trails, and/or improved court and field games.
(4)
The primary purpose of these services is to provide a convenience
to the day-time population generated by the principal permitted use(s).
(5)
The floor area devoted to the restaurant, cafeteria, and retail/business
service uses shall not exceed 3% of the gross floor area of the complex,
or 10,000 square feet of gross floor area, whichever is less.
14.
Sales and Display Areas within MFG, MFG2 and IOP Zones. Up to 30%
of the total floor area of manufacturing, light industrial or warehousing
uses may be dedicated to display areas for products manufactured,
assembled or warehouses on site.
15.
Outdoor Dining Facilities.
a.
Definitions. As used in this subsection, these terms shall have the
following meanings:
(1)
OUTDOOR DINING AREA – Shall mean a designated area on
the premises of a retail food establishment or restaurant, but outside
the principal building, and where patrons may sit at tables while
consuming food and beverages ordered from and served by a waiter or
waitress.
(2)
OUTDOOR EATING AREA – Shall mean a designated area on
the premises of a retail food establishment, but outside the principal
building, and where patrons may sit at tables while consuming foods,
soft drinks, ice cream and similar confections purchased from the
retail food establishment.
(3)
SIDEWALK CAFE AREA – Shall mean a designated area of a
public sidewalk where patrons may sit at tables while consuming food
and beverages ordered from and served by a waiter or waitress.
b.
Permit Required.
(1)
Areas in which Outdoor Dining Areas, Outdoor Eating Areas and
Sidewalk Cafes are permitted as accessory uses: all zones where eating
and drinking establishments are permitted.
(2)
No person shall operate an Outdoor Dining Area, Outdoor Eating
Area or a Sidewalk Cafe unless a permit has been obtained from the
Borough of Tinton Falls Zoning Officer.
(3)
Applicants shall apply for permit approval in accordance with
the provisions of this Chapter. All such applications shall be approved
by the Zoning Officer and shall be referred to the Chief of Police
and the Fire Code Official, who shall provide the Zoning Officer with
written reports of their opinions and recommendations regarding the
application.
(4)
Applicants shall meet all general ordinance requirements and
all other laws, rules, regulations and codes applicable to the proposed
activity.
(5)
Applicants proposing to establish an Outdoor Eating Area, Outdoor
Dining Area or Sidewalk Cafe Area must provide satisfactory proof
to the Zoning Officer of the following:
(a)
The area utilized for dining must be accessory
in nature to a fully enclosed permitted eating and/or drinking establishment.
(b)
All service areas shall be inside the enclosed
restaurant area, or suitably screened.
(c)
Walkways with a minimum sixty inch width shall
be provided to facilitate patron and employee circulation and compliance
with all ADA requirements.
(d)
Outdoor dining shall be restricted to the regular
hours of the business' operation.
(e)
An applicant proposing an Outdoor Dining Area,
Outdoor Eating Area or Sidewalk Cafe Area shall submit to the Zoning
Officer a layout of the proposed seating area, which shall include
but not be limited to: a depiction of all aisles, routes of ingress
and egress; clearances between tables and between the seating area
at the curb; the location of all food preparation and service areas;
location and description of all plumbing, electrical and other equipment
and fixtures that will be utilized; an illustration, rendering and/or
photograph of all proposed furniture, umbrellas, trash receptacles,
awnings, signage and other furniture proposed.
(f)
The Zoning Officer shall require each applicant
to submit a litter control plan which shall include, but not be limited
to: a description of the number and location of trash receptacles
for the areas and the frequency with which the tables, surrounding
area and adjacent public and private properties will be policed for
litter. Failure to abide by an established litter control plan shall
constitute a violation of the permit approval of which it was made
a condition, and shall subject the applicant to a fine in an amount
not less than $100 per violation.
(g)
BYOB privileges for wine and malt alcoholic beverages
are allowed in Outdoor Dining Areas, Outdoor Eating Areas or Sidewalk
Cafe's subject to N.J.S.A. 2C:33-7. The service of alcoholic beverages
in Outdoor Dining Areas, Outdoor Eating Areas or Sidewalk Cafe's is
permitted only if the operator's liquor license specifically allows
for such service.
(h)
Additional seating shall be counted into the establishment's
parking requirement except for those eating and drinking establishments
that are located within an existing shopping center. The determination
of whether a site qualifies as a shopping center will be determined
by the Zoning Officer.
(i)
Applicants receiving permit approval for an Outdoor
Dining Area, Outdoor Eating Area or Sidewalk Cafe shall obtain a permit
each year on January 1.
(j)
Notwithstanding anything contained in this section,
any Outdoor Dining Area, Outdoor Eating Area, or Sidewalk Cafe that
was approved by the Planning or Zoning Board will still require an
annual permit from the Zoning Officer to determine compliance with
the approved plans. In addition, permit approval in accordance with
this section shall also be required in the event: (1) the premises
are conveyed to a new owner; (2) the use is expanded or substantially
changed; or (3) the owner of the premises makes any alteration or
improvement to the property that would otherwise require either major
or minor site plan approval.
(k)
When located within a Borough right-of-way, Applicant
shall indemnify and save harmless the Borough of Tinton Falls, its
employees, agents or officers from all claims, losses, liens, expenses,
suits and attorney fees (liabilities) arising from the placement,
operation and maintenance of the applicant's Sidewalk Cafe/Outdoor
Dining/Outdoor Eating Area. Applicant agrees to name the Borough of
Tinton Falls as an additional insured under the applicant's general
liability insurance (minimum required limit of $1,000,000), bodily
injury, property damage and personal injury, and to maintain such
insurance for such time as the Sidewalk Cafe/Outdoor Dining/Outdoor
Eating Area(s) exists. Owner shall provide the Zoning Officer with
the evidence of such insurance.
c.
Application - Form. All permits required by this Section shall be
applied for and obtained from the Office of the Zoning Officer during
normal business hours.
d.
Fees. The annual fee for each yearly permit shall be $100. The fee
is non-refundable.
e.
Appeals. The Zoning Board of Adjustment shall have the power to hear
and decide appeals where it is alleged by the appellant that there
is an error in any requirement, decision or refusal made by the Zoning
Officer in the enforcement of this paragraph. Additionally, the Planning
Board or Zoning Board of Adjustment, as appropriate, shall have the
power to hear and grant variance(s) from the regulations and conditions
of this subsection.
16.
Permanent Emergency Generators.
[Added 10-1-2019 by Ord.
No. 2019-1452]
a.
Only one generator with a maximum output of 48 kilowatts shall be
permitted per unit.
b.
With the exception of scheduled maintenance and testing, generators
shall only be operated during emergencies. An "emergency" is defined
as the loss of primary power due to a power outage beyond the control
of the property owner.
c.
Generators shall be permitted in the side and rear yard areas only.
In addition, the generator shall not be located closer to a right-of-way
line than the principal building on the lot.
d.
Generators shall be set back a minimum of five feet from the side
and rear property lines. For all commercial uses that abut a residential
use, generators shall meet the setback requirements of the principal
building. However, in no instance shall the generator be installed
greater than 20 feet from the principal structure.
e.
Generators shall be installed in accordance with the manufacturer's
recommendations and all standards of the Uniform Construction Code,
the National Electric Code, the National Fire Protection Association,
the International Fire Code New Jersey Edition, the International
Plumbing Code New Jersey Edition, and the International Residential
Code New Jersey Edition.
f.
In residential zones, the footprint of the generator, including the
pad, shall not exceed 20 square feet, and the height of the unit shall
not exceed four feet. In commercial zones, the footprint of the generator,
including the pad, shall not exceed 80 square feet, and the height
of the unit, including any fuel tanks, shall not exceed eight feet.
g.
The area of the generator footprint shall not be counted as lot coverage
or impervious coverage.
h.
Generators shall be appropriately screened and buffered by evergreen
plantings or a fence.
i.
The noise level of generators shall not exceed 70 decibels at any
property line. Any generator less than 23 feet from the property line
shall have an evergreen buffer around the generator to aid in sound
reduction. All generators shall have a weatherproof sound attenuating
enclosure.
j.
Routine testing and maintenance shall not occur more than once per
week and shall not exceed 30 minutes. Testing is permitted Monday
through Friday between the hours of 10:00 a.m. and 5:00 p.m.
k.
A zoning permit shall be obtained from the Tinton Falls Zoning Office
prior to the installation of any generator. All permit applications
shall be accompanied by a property survey indicating the location
of the proposed generator and setbacks to property lines and the principal
building. The survey shall be no more than five years old, be drawn
to scale and be prepared by a professional land surveyor licensed
in the State of New Jersey.
l.
Anyone found to be in violation of these requirements shall, upon
conviction, be subject to a fine not to exceed $500, and each day
that such violation shall continue shall be deemed a separate offense.
17.
Electric
Vehicle Supply/Service Equipment (EVSE) and Make-Ready Parking Spaces.
[Added 3-1-2022 by Ord. No. 2022-1484]
a.
An
application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
b.
EVSE
and make-ready parking spaces installed pursuant to Subsection D(17)I
below in development applications that are subject to site plan approval
are considered a permitted accessory use as described in Subsection
D17a above.
c.
All
EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
d.
The
Zoning Officer, Code Enforcement Officer, and/or the Construction
Official shall enforce all signage and installation requirements described
in this section. Failure to meet the requirements in this section
shall be subject to the same enforcement and penalty provisions as
other violations of Borough of Tinton Falls’ land use regulations.
e.
An
application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(1)
The proposed installation does not violate bulk requirements applicable
to the property or the conditions of the original final approval of
the site plan or subsequent approvals for the existing gasoline service
station, retail establishment, or other existing building;
(2)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(3)
The proposed installation complies with the construction codes adopted
in or promulgated pursuant to the "State Uniform Construction Code
Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations.
f.
An
application pursuant to Subsection D17e above shall be deemed complete
if:
(1)
The application, including the permit fee and all necessary documentation,
is determined to be complete;
(2)
A notice of incompleteness is not provided within 20 days after the
filing of the application; or
(3)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
g.
EVSE
and make-ready parking spaces installed at a gasoline service station,
an existing retail establishment, or any other existing building shall
be subject to applicable local and/or Department of Community Affairs
inspection requirements.
h.
A
permitting application solely for the installation of electric vehicle
supply equipment permitted as an accessory use shall not be subject
to review based on parking requirements.
i.
Requirements
for New Installation of EVSE and Make-Ready Parking Spaces:
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate
of occupancy, install EVSE in an additional 1/3 of the original 15%
of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces,
at least 5% of the electric vehicle supply equipment shall be accessible
for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or make-ready parking
spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in Subsecion D17i(1)
above shall:
(a)
Install at least one make-ready parking space if there will be 50
or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51
to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be
76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of
which shall be accessible for people with disabilities, if there will
be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking
spaces, at least 5% of which shall be accessible for people with disabilities,
if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or
garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or make-ready parking
spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this section, a retailer that provides
25 or fewer off-street parking spaces or the developer or owner of
a single-family home shall not be required to provide or install any
electric vehicle supply equipment or make-ready parking spaces.
j.
Minimum
Parking Requirements:
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 40-39.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
(4)
Additional installation of EVSE and make-ready parking spaces above
what is required in Subsection D above may be encouraged, but shall
not be required in development projects.
k.
Reasonable
Standards for All New EVSE and Make-Ready Parking Spaces:
(1)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet the
electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible for
people with disabilities shall be not less than nine feet wide or
18 feet in length.
(c)
To the extent practical, the location of accessible parking spaces
for people with disabilities with EVSE and make ready equipment shall
comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for people
with disabilities shall comply with the sizing of accessible parking
space requirements in the Uniform Construction Code, N.J.A.C. 5:23,
and other applicable accessibility standards.
(2)
EVSE Parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
of electric vehicles only. Electric vehicles shall be connected to
the EVSE.
(b)
Electric vehicles may be parked in any parking space designated for
parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
(3)
Safety:
(a)
Each publicly accessible EVSE shall be located at a parking space
that is designated for electric vehicles only and identified by green
painted pavement and/or curb markings, a green painted charging pictograph
symbol, and appropriate signage pursuant to Subsection D17k(4) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall
be provided in accordance with the Borough of Tinton Falls’
ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards shall
be used for publicly accessible EVSE. Nonmountable curbing may be
used in lieu of bollards if the EVSE is setback a minimum of 24 inches
from the face of the curb. Any standalone EVSE bollards should be
three to four feet high with concrete footings placed to protect the
EVSE from accidental impact and to prevent damage from equipment used
for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches
and no higher than 48 inches from the ground or pavement surface where
mounted and shall contain a cord management system as described in
Subsection D17k(3)(e) below. Equipment mounted on pedestals, lighting
posts, bollards, or other devices shall be designated and located
as to not impede pedestrian travel, create trip hazards on sidewalks,
or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to
minimize the potential for cable entanglement, user injury, or connector
damage. Cords shall be retractable or have a place to hang the connector
and cord a safe and sufficient distance above the ground or pavement
surface. Any cords connecting the charger to a vehicle shall be configured
so that they do not cross a driveway, sidewalk, or passenger unloading
area.
(f)
Where EVSE is provided within a pedestrian circulation area, such
as a sidewalk or other accessible route to a building entrance, the
EVSE shall be located so as not to interfere with accessibility requirements
of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable
accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects, including
the functioning of the equipment. A twenty-four-hour on-call contact
shall be provided on the equipment for reporting problems with the
equipment or access to it. To allow for maintenance and notification,
the Borough of Tinton Falls shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE’s geographic
location, date of installation, equipment type and model, and owner
contact information.
(4)
Signs:
(a)
Publicly accessible EVSE shall have posted regulatory signs, as identified
in this section, allowing only charging electric vehicles to park
in such spaces. For purposes of this section, "charging" means that
an electric vehicle is parked at an EVSE and is connected to the EVSE.
If time limits or vehicle removal provisions are to be enforced, regulatory
signs including parking restrictions shall be installed immediately
adjacent to, and visible from the EVSE. For private EVSE, installation
of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size,
shape, color, and reflectivity requirements contained within the Federal
Manual on Uniform Traffic Control Devices as published by the Federal
Highway Administration.
(c)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(5)
Usage Fees:
(a)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[Ord. No. 11-1314 §§ 17
- 21]
A.
Permit Procedure.
1.
No sign 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.
2.
A Master Signage Plan shall accompany:
a.
Any application for a sign permit, or
b.
Any application for development filed with the Planning Board or
the Zoning Board of Adjustment which involves installation or modification
of any sign.
(1)
The Master Signage Plan shall contain the following information
for each existing and proposed sign:
(a)
Size (i.e. length, height, area, thickness, number of faces).
(b)
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.
3.
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.
4.
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 or
the Zoning Board of Adjustment, 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.
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.
7.
When installation or modification of a sign has been approved by
the Planning Board or Zoning Board of Adjustment 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.
8.
Where the sign being requested conforms in every way with the provisions
of this Chapter, site plan approval is not required. The Zoning Officer
shall review the application and, if all provisions of the ordinance
are met, the Zoning Officer may issue the permit. In the event the
proposed sign does not conform to the provisions of this Chapter,
or in the event there is a request for signage that raises questions,
interpretation of the ordinance, or similar issues, the Zoning Officer
shall not approve the application, but instead, shall refer the application
to the appropriate Board for review and action.
9.
Existing Sign Maintenance and Changes to Contents. Preexisting permanent
signs may be maintained and the sign lettering and artwork may be
changed or altered, provided that no structural changes involving
enlargement or change in dimension, material, character, location,
or illumination are made and a permit is issued by the Zoning Officer.
B.
Revocation of Permit.
1.
A permit to erect or maintain a sign may be revoked by the Zoning
Officer for any one or more of the following causes:
2.
No permit will be revoked for any of said causes until a ten-day
notice has been given the permittee, which ten-day notice shall be
served either personally or by first class mail. Any permittee will
be given a hearing thereon by the Zoning Officer if promptly requested,
in writing, addressed to the Zoning Officer within five days of notification.
3.
As soon as a permit for a sign is revoked, the permittee shall remove
the sign, advertising structure or space within 10 working days of
written notification, unless an appeal is initiated within 30 calendar
days.
C.
Denial of Permit.
1.
A permit to erect or maintain a sign may be denied for any one or
more of the following:
a.
If the sign is not permitted in the zoning district in which it is
erected or planned.
b.
If any one or more of the bulk requirements of the zoning requirements
have not been met, including but not limited to, size, height, illumination,
number of signs, or setback.
c.
In the event that a permit is denied, the applicant may apply to
the Board of Adjustment and seek a variance for the sign erection
or alteration.
E.
Appeals. If any person, firm or corporation claims a special hardship
by reason of any denial, revocation or other ruling which has been
or may be imposed by the Zoning Officer, an appeal may be made to
the Board of Adjustment, and its determination shall be final. In
the event that the appeal is in conjunction with a revocation of a
permit, removal shall not be required unless the Board has upheld
the ruling of the Zoning Officer, in which event removal shall be
within 10 working days of written notification of the ruling of the
Board.
F.
Violation and Penalties. Any person, firm or corporation violating
any of the provisions of this Section shall pay a fine not exceeding
$500 or be imprisoned in the County Jail for a term not exceeding
30 days, or both. Each day that a violation is permitted to exist
shall constitute a separate offense.
G.
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 sign permit only. No sign permits shall be required
for the following signs:
1.
Any public notice or warning required by a valid and applicable federal,
state, county or local law, regulation or ordinance.
2.
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.
3.
Holiday lights and decorations with no commercial message.
4.
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.
5.
Flags of the United States, New Jersey, the Borough of Tinton Falls,
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. In residential districts the flag pole
may not exceed a height of 20 feet with a maximum flag size three
feet by five feet. In nonresidential districts the flag pole may not
exceed a height of 45 feet with a maximum flag size four feet by six
feet. The statutory requirements associated with flags and generally
accepted standards of flag display etiquette shall be observed. Setbacks
for flagpoles shall be as follows:
|
Residential
|
Nonresidential
| |
|---|---|---|
|
Front yard setback
|
20 feet unless the dwelling is set back less than 20 feet, then
the setback may be equal to 1/2 the distance of the actual setback
of the dwelling
|
1/2 the distance of the front yard setback of the principal
building
|
|
Side yard setback
|
5 feet
|
Side yard setback of the principal building
|
|
Rear yard setback
|
10 feet
|
Not permitted
|
6.
Signs or banners advertising Borough sponsored events that are posted
with the permission of the Borough Council or of any person to whom
the Borough Council has delegated this authority according to guidelines
set by the Borough Council.
7.
Pump mounted fuel price informational signs subject to the following:
a.
Only one fuel price informational sign shall be permitted per fuel
pump.
b.
Fuel price informational signs shall be limited in size to an area
of 216 square inches in accordance with State and Federal regulations.
c.
Each fuel price informational sign shall be affixed directly and
firmly to a fuel pump and shall be stationary.
d.
Nothing herein shall be construed to prohibit the advertisement of
fuel prices on any other sign meeting the requirements of this section.
e.
Non pump mounted pricing signs shall not be exempt.
8.
U.S. Postal regulation mailboxes.
H.
Measurement of Sign Area.
1.
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.
2.
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.
I.
General Regulations.
1.
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.
2.
There shall be consistent sign design throughout a particular project.
The design elements include style of lettering, construction material,
size and illumination.
3.
Freestanding signs shall be integrated with the landscaping on site.
4.
No signs shall be erected, placed on, or attached to a structure
or erected independently for any purpose other than to advertise a
permitted business or use conducted on the same premises. Signage
for a business or other purpose located off-site is not permitted.
5.
Signs shall be considered accessory uses in all zones and shall be
subordinate to a use on the same property.
6.
No sign except infrastructure and traffic control devices of a duly
constituted government shall be erected within the public street right-of-way.
No sign shall be placed upon any property without the consent of the
property owner.
7.
No sign shall be erected so that any part of the sign or its supporting
members project over a permitted setback line or height limit.
8.
Signs shall be either freestanding or attached to a building in an
approved manner. Freestanding signs shall be supported by one, but
not more than two, columns or uprights firmly imbedded in the ground.
Exposed guy wires, braces or other connections shall not be permitted.
9.
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.
10.
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. Where signs project beyond a building
facade or wall over a pedestrian way, the lowest part of the sign
shall be at least eight feet above the walkway.
11.
Wall, facia or attached signs shall be firmly attached to the exterior
wall of a building and shall not project more than 15 inches.
12.
No electric wiring associated with a sign shall be visible to public
view.
13.
Illuminated Signs.
a.
Illuminated signs, except for public-purpose uses, shall not be permitted
in residential districts.
b.
Illuminated signs shall be arranged to reflect their light and glare
away from adjoining streets and property.
c.
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.
d.
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.
e.
Temporary signs are not permitted to be directly illuminated either
by internal or external light sources.
J.
Prohibited Signs.
1.
No billboards shall be erected, used or maintained within the Borough
of Tinton Falls; 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.
2.
No signs shall be attached to trees, fence posts, stumps, utility
poles, water towers, storage tanks, chimneys, smoke stacks, radio
towers, antennae, or similar structures.
3.
No roof sign, known also as a "sky sign," shall be allowed.
4.
No sign shall be placed on an accessory building.
5.
No sign shall be lighted by means of a flashing light, nor shall
any sign utilize red, green, blue or amber illumination in a beam,
light, beacon or flashing form resembling an emergency light shall
be erected in any location.
6.
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. Signs using mechanical
or electrical devices to revolve, flash or display movement or the
illusion of movement, or to emit a sound, are prohibited, with the
exception of signs which alternately show the time of day and temperature
by lighted numbers where each sequence remains fixed for at least
four seconds.
7.
No commercial sign shall be allowed in a window which serves a residential
use. Signs such as, but not limited to, various professional services,
piano tuning, lawn care, house painting, and home repairs when those
signs are located on residential properties where the sign advertises
the occupation of the resident, but the business and/or service is
conducted at another location are prohibited.
8.
No signs shall be allowed on any street furniture.
9.
The use and display of temporary portable signs or windsocks, kites,
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:
10.
The parking of trucks, vans, trailers, and similar vehicles in locations
other than the loading or parking spaces intended for those vehicles
so that the vehicle and its permanent or temporary signage become
an additional form of advertising when regularly parked to be in view
of the general public who travels along one or more adjacent streets
is prohibited.
11.
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.
12.
No sign shall be allowed which obstructs the view (sight triangle)
of vehicle operators or pedestrians entering a public roadway from
any parking area, service drive, public driveway, alley or other thoroughfare.
13.
No trademarks or brand names on any sign (including umbrella signs)
shall be allowed when the commodity is not available in the establishment.
14.
No sign element shall be interpreted as part of the architectural
element of the building.
15.
No inflatable signs and tethered balloons shall be allowed, except
decorative small balloons.
16.
No neon or gas filled decorations which outline facade elements or
windows are allowed.
17.
Search lights are prohibited.
18.
No temporary signs shall be allowed except as detailed below.
19.
No sandwich board signs shall be permitted. Freestanding signs not
permanently anchored into the ground such as tripods, A-frames, signs
on trailers, or similar portable structures used as signs are prohibited.
20.
Any sign having a message which in and of itself is lewd or licentious,
or advocates an act in violation of any municipal, County, State or
Federal law, shall be prohibited.
K.
Nonconforming Signs.
1.
No nonconforming signs may be enlarged or altered in a way which
would increase its 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.
2.
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.
L.
Removal of Certain Signs.
1.
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:
2.
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:
M.
The following signs and the standards and conditions that govern
such signs are set forth below. All other signs are expressly prohibited.
1.
Signs in Residential Districts.
a.
One nameplate sign not to exceed two square feet per side, not to
be illuminated.
b.
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.
c.
One ground sign per development of a residential major subdivision
and/or residential major site plan, provided that said sign does not
exceed 24 square feet in size and the information contained thereon
is limited to the name of the development and the name of the developer.
Said sign, if permanent, shall be either located on a brick wall and
landscaped, or set in a landscaped island.
d.
One ground sign per premises for public purpose use provided said
sign does not exceed 48 square feet in size.
2.
Signs for Public Uses, Including Libraries, Schools, Parks, Firehouses
and Uses in All Districts.
a.
One wall sign not to exceed 24 square feet in size, not to be illuminated.
b.
One freestanding or ground 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. Illumination
shall be permitted.
c.
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.
3.
Signs in Nonresidential Districts Except the HCC Highway/Community
Commercial District.
a.
Any sign authorized for permitted uses in the Residential Districts
as specified above is permitted in a commercial district.
b.
Signs for Business Office or Professional Office Uses:
(1)
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. Illumination is permitted.
(2)
Lots having more than two tenants may have tenants' names aggregated
into one directory sign located at or near the main entrance into
the building and be either attached to the building or be freestanding
not more than 10 feet from the entrance to the building, provided
the resulting directory sign does not exceed two square feet per business
or 32 square feet in aggregate, whichever is less, and provided further
that said sign is not located and designed to be read by drivers traveling
the adjacent street.
(3)
Ground signs, in addition to wall signs, a ground sign which
shall not exceed 30 square feet in size, shall be permitted. Ground
signs shall be constructed so that no void is present between the
sign and the ground. Ground signs shall not exceed six feet in height
and shall be located a minimum of 20 feet away from all property lines.
Illumination is permitted.
(4)
Freestanding signs, in addition to wall signs and in lieu of
a ground sign, a freestanding sign which shall not exceed 25 square
feet in size, shall be permitted. Freestanding signs shall not exceed
eight feet in height with a minimum ground clearance of three feet
and shall be located a minimum of 10 feet away from all property lines.
Illumination is permitted.
c.
Signs for retail, commercial and service establishments shall be
constructed under the following limitations:
(1)
Wall signs, one wall sign per wall facing a public street, are
permitted which shall comply with the following standard.
|
Setback of the Building from the Street Right-of-Way
|
% of Wall Area
|
Sign Height
|
Sign Area
|
|---|---|---|---|
|
Within 50 feet of street right-of-way
|
5%
|
4 feet
|
40 square feet
|
|
51 feet to 100 feet
|
7%
|
5 feet
|
60 square feet
|
|
101 feet to 200 feet
|
9%
|
6 feet
|
80 square feet
|
|
201 feet to 300 feet
|
11%
|
7 feet
|
100 square feet
|
|
More than 300 feet
|
12%
|
8 feet
|
120 square feet
|
(2)
Tenant signs, in addition to wall signs, tenant signs up to
six square feet per separate retail or services tenant on the premises
shall be permitted. Illumination is permitted.
(3)
Lots having more than two tenants may have tenants' names aggregated
into one directory sign located at or near the main entrance into
the building and be either attached to the building or be freestanding
not more than 10 feet from the entrance to the building, provided
the resulting directory sign does not exceed four square feet per
business or 36 square feet in aggregate, whichever is less, and provided
further that said sign is not located and designed to be read by drivers
traveling the adjacent street.
(4)
Ground signs, in addition to wall signs, a ground sign which
shall not exceed 50 square feet in size, shall be permitted. Ground
signs shall be constructed so that no void is present between the
sign and the ground. Ground signs shall not exceed six feet in height
and shall be located a minimum of 20 feet away from all property lines.
Illumination is permitted.
(5)
Freestanding signs, in addition to wall signs and in lieu of
a ground sign, a freestanding sign which shall not exceed 25 square
feet in size, shall be permitted. Freestanding signs shall not exceed
eight feet in height with a minimum ground clearance of three feet
and shall be located a minimum of 10 feet away from all property lines.
Illumination is permitted.
4.
Signs HCC Highway/Community Commercial District.
a.
Freestanding Pylon Signs. One freestanding pylon sign shall be permitted
per highway frontage on which an access is provided and shall conform
to the following standards. Freestanding pylon signs shall not be
permitted on local roads or on frontages without access. Illumination
is permitted.
|
Location
|
Size
(square feet)
|
Height
(feet)
|
Setback
(feet)
|
|---|---|---|---|
|
State Highway
|
400
|
35
|
10
|
|
County Road
|
200
|
20
|
20
|
|
Local Road
|
Not Permitted
|
Not Permitted
|
Not Permitted
|
b.
Wall Signs. One wall sign per wall facing a public street is permitted
and shall not exceed 10% of the wall area to which the sign is to
be attached. Each such sign shall be attached to the front wall only,
except when the building to which it is attached is a corner building
of a shopping center, than an attached sign shall be permitted on
both the front and side wall (not applicable to freestanding building,
freestanding buildings are limited to one wall sign per wall facing
a public street). Each wall sign shall be designed so as to be consistent
in design with all other wall signs if in a shopping center and no
wall sign shall have letters larger than 12 feet in height and no
wall sign shall have an area exceeding 600 square feet. Illumination
is permitted.
c.
Tenant signs, in addition to wall signs, each tenant sign in the
shopping center shall be allowed one pedestrian oriented tenant identification
sign in addition to an attached fascia sign. Such tenant sign shall
be located at the front of the building and be a minimum height of
eight feet above the walkway and shall be placed only on or under
a canopy or sidewalk cover and shall not exceed six square feet in
area. Each tenant in the shopping center shall be allowed one identification
sign over its rear entrance or loading bay and shall not exceed two
square feet in area. Illumination is permitted.
d.
Ground Signs. In addition to wall signs and in lieu of a freestanding
pylon sign, a ground sign which shall not exceed 60 square feet in
size, shall be permitted. Ground signs shall be constructed so that
no void is present between the sign and the ground. Ground signs shall
not exceed six feet in height and shall be located a minimum of 20
feet away from all property lines. Illumination is permitted.
N.
Additional Standards.
1.
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.
2.
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.
3.
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.
4.
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.
6.
Signs in Historic District. In addition to meeting the applicable
requirements for signs set forth above, wall mounted signs in a historic
district shall be consistent with the architectural features of the
building, externally illuminated, and have approved colors for the
period. Freestanding signs shall be constructed of wood, have routed
letters, symbols and numbers painted in gold, and be externally illuminated.
7.
Signs in Drive-Through Restaurants and other Drive-Through Facilities.
Restaurants that meet the definition of restaurant, drive through
or other retail facilities that offer drive through services, such
as banks and financial institutions or pharmacies, where permitted,
may display the following signs which are deemed customary and necessary
to their respective businesses.
a.
Menu Boards. Drive-in restaurants are permitted two menu board signs
per drive-thru lane and one menu board sign per outdoor serving station.
(1)
The sign face of any menu board sign shall not exceed 50 square
feet.
(2)
The maximum height from the ground to the top of any permitted
menu board sign shall not exceed 12 feet.
(3)
Menu board signs may be internally illuminated.
(4)
No more than 10% of the sign face of any menu board sign may
be devoted to LED/LCD lights or screens or scrolling or variable message
lighting.
b.
Directional Signs or Lettering on the Building Wall Over a Drive
Through Lane. Drive through facilities are permitted one directional
sign over each drive through lane.
(1)
The sign face or letters thereof shall not exceed 12 inches
in height.
(2)
The sign face or letters thereof shall be limited to a single
line.
(3)
The sign face or letters thereof may be internally illuminated.
(4)
No sign face or letters thereof may be LED/LCD lights or screens
or scrolling or variable message lighting.
c.
Informational Signs. Drive through facilities are permitted one informational
sign, with information such as hours of operation, for each drive
through lane.
O.
Temporary Signs. Temporary signs may be erected and maintained without
either action of the Board or a construction permit, provided that
said sign(s) adhere to the applicable regulations of this Chapter.
1.
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:
a.
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.
b.
The area of any such temporary sign shall not exceed six square feet
and 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. A "sold" sign
may be then located on the site for a period not to exceed 15 days.
2.
Signs advertising political parties, propositions, referendums or
candidates for election may be erected and maintained, provided that
the size of any such sign is not in excess of six square feet in size
and three feet in height. A maximum of one political sign per property
is permitted. Political signs may be posted 30 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.
3.
Grand Opening Signs. A temporary sign announcing the future opening
of a shopping center shall be permitted, provided the sign not to
exceed 300 square feet nor shall any portion of the sign be greater
than 12 feet in height or closer than 10 feet to any property line,
for a period not to exceed six months next preceding the opening of
the center. Opening of the center, as used herein, shall be deemed
the anticipated date of issuance of a certificate of occupancy. No
such sign shall be allowed after the issuance of a certificate of
occupancy.
4.
Special Event Signs.
a.
Not more than one special event sign announcing or advertising an
educational, civic or religious special event may be erected or maintained
per property.
b.
The sign shall not exceed 24 square feet in size.
c.
The sign may be erected for a period not to exceed 21 days, either
continuously or in aggregate, in any one calendar year.
5.
Directional Signs. Signs containing street number designations, household
nameplates, postal boxes, historical markers, directional signs and
advisory signs, such as but not limited to "private property," "no
soliciting," "no trespassing," "warning dog," shall be permitted provided
that they do not exceed two square feet in size.
6.
Contractors Performing a Service On Site. Contractors performing
a service on site shall be permitted to place a temporary sign on
the property during the time their work is actively being performed
at the site. Said signs would be contractors such as, but not limited
to, painters, carpenters, electricians, remodeling, and roofing. The
sign shall not be lighted, shall not exceed 16 square feet, and shall
not be located in a sight triangle or on any part of a public right-of-way.
7.
Window Signs in Retail Establishments. Retail establishments shall
be allowed temporary window signs for products and services offered
on site, provided the windows remain 50% free of obstruction. This
shall include neon signs that are nonpermanent and removable, subject
to the same 50% restriction.
[Ord. #04-1114]
A.
Childcare Centers. Childcare centers are permitted uses in all nonresidential
zones and shall be licensed by the New Jersey Department of Human
Services. The floor area occupied in any building or structure as
a child care center shall be excluded in calculating (1) any parking
requirement otherwise applicable to that number of units or amount
of floor space, as appropriate, under State or local laws or regulations
adopted thereunder; and (2) the permitted density allowable for that
building or structure. New buildings shall comply with Borough parking
standards.
1.
Minimum Off-Street Parking: Four spaces, plus one space for each
school vehicle, but in any event not less than either two spaces per
teacher and teacher's aide, or 0.2 space per student based on the
State's approved capacity of the facility, whichever is less.
2.
Minimum Drop-Off Area: An on-site area shall be provided separate
from the parking spaces for temporary parking so students leaving
vehicles have access to a sidewalk leading into the school without
the child having to cross a street, parking lot, loading area, driveway
or aisle.
3.
Minimum Recreation Area: All outdoor recreation areas shall be fenced
and no closer to any lot line than 20 feet. All recreation areas shall
be screened from adjoining lots by massed evergreens spaced so as
to provide a dense visual screen to buffer the center's activities
from adjacent residences. The amount of outdoor recreation area shall
be based on the requirements of the New Jersey Department of Human
Services.
B.
Essential Services. Public utility lines for the transportation,
distribution and/or control of water, electricity, gas, oil, and telephone
communications, and their supporting members, other than buildings
and structures, including pipes, shall not be required to be located
on a lot, nor shall this Chapter be interpreted to prohibit the use
of a property in any zone for the above uses. For purposes of this
provision, wireless communications facilities shall not be deemed
an essential service.
C.
Temporary Offices. Trailers or mobile structures used as temporary
offices, workshops or for the storage of equipment and materials in
connection with permitted construction of new buildings or structures
may be temporarily permitted on the same site during the actual period
of construction. The Construction Official shall issue a temporary
permit. Such structure shall not be located so as to be detrimental
to any adjoining property, shall be subject to site plan approval
and shall be removed from the site prior to the issuance of a Certificate
of Occupancy for the permitted construction project or building.
D.
Community Residences. Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill and community residences for persons
with head injuries shall be permitted in all residential districts
and the requirements shall be the same as for single-family dwelling
units located within such districts.
E.
Sexually Oriented Businesses.
1.
No person shall operate a sexually oriented business within 1,000
feet of any existing sexually oriented business, or any church, synagogue,
temple or other place of public worship, or any elementary or secondary
school or any school bus stop, or any municipal or County playground
or place of public resort and recreation, or any hospital or any child
care center, or within 1,000 feet of any area zoned for residential
use. This subsection shall not apply to a sexually oriented business
already lawfully operating on the effective date of this paragraph
where another sexually oriented business, an elementary or secondary
school or school bus stop, or any municipal or County playground or
place of public resort and recreation, or any hospital or any child
care center, is subsequently established within 1,000 feet, or a residential
district or residential lot is subsequently established within 1,000
feet.
2.
Every sexually oriented business shall be surrounded by a perimeter
buffer of at least 50 feet in width with plantings, fence, or other
physical divider along the outside of the perimeter sufficient to
impede the view of the interior of the premises in which the business
is located. The municipality may, by ordinance, require the perimeter
buffer to meet additional requirements or standards. This subsection
shall not apply to a sexually oriented business already lawfully operating
on March 16, 2004
3.
No sexually oriented business shall display more than two exterior
signs, consisting of one identification sign and one sign giving notice
that the premises are off limits to minors. The identification sign
shall be no more than 40 square feet in size.
F.
Self Storage Facilities.
1.
Self storage facilities shall have perimeter walls of a finished
material (painted or unpainted cinder block or concrete block is not
permitted).
2.
The perimeter walls and ends of buildings shall have mansard or peaked
roof design (interior portions may be flat, or pitched, or any other
design).
3.
The perimeter walls shall be solid with no means of access (all entrances
to the storage areas shall be from the interior of the site).
4.
There shall be no driveway around the perimeter of the site running
around the outside the buildings, or on the side(s) that abut a residential
zoning district.
5.
All material being stored shall be stored inside the building(s)
including boats, motor vehicles, trailers, bulk items, and any and
all other material.
6.
All lighting shall be inside the perimeter of the buildings, except
wall-mounted, perimeter security lighting may be permitted provided
it is shielded from shining outward and is designed and mounted as
"up lighting" or "down lighting".
7.
No building shall exceed a height of 12 feet except the perimeter
roof design shall not exceed 20 feet.
8.
There shall be a minimum seventy-five-foot buffer area along any
residential zoning district and 25 feet elsewhere.
G.
Warehouses.
1.
The maximum lot area shall be 10 acres.
2.
The minimum percentage of gross floor area used for warehousing shall
be 90% of the total building size.
[Amended 10-1-2019 by Ord. No. 2019-1452]
3.
All major access shall be via arterial and collector streets as classified
in the Master Plan to avoid truck and employee traffic from filtering
through residential neighborhoods, but driveway access to each lot
shall be from streets interior to the industrial development and not
directly from an arterial or collector street.
[Ord. No. 11-1314 § 9]
A.
Cluster Development and Lot Size Averaging.
1.
The purpose of this section is to provide two methods of preserving
land for private open spaces, common property, conservation areas,
and flood plains and a variety of public uses such as school sites,
recreation areas, parks, and other public purposes. These areas are
able to be created by permitting, in cluster developments, a reduction
in lot sizes without increasing the permitted number of lots or dwelling
units. In lot size averaging, a reduction in the lot size of some
lots is permitted provided one or more lot(s) are increased in size
so the average lot size is maintained. Under lot size averaging, none
of the lots created is intended for common property, but rather one
or more of the larger lot(s) are then available for either various
open space or public purposes, and/or a mix of lot sizes to serve
the permitted uses.
2.
In any development where lot size averaging or cluster design is
proposed, the applicant shall first prepare a scaled plan including
delineated wetland, wetland buffers, and flood hazard areas that shall
be properly buffered in conjunction with a standard subdivision lot
design without variance. The number of approvable lots in the standard
subdivision design without variance shall then be counted after which
the development may be redesigned using the lot size averaging or
cluster design so the development contains the same number of lots
created in the standard subdivision design. If there is any question
as to the suitability of any lot(s), and hence the number of lots
in the development, the final number of lots will be based on an approved
preliminary plat using the standard design.
3.
Developments using either cluster or lot size averaging may be approved
in accordance with the following standards where cluster and lot size
averaging are permitted under the zoning regulations:
a.
All uses shall be connected to approved and functioning central water
and central sanitary sewer systems.
b.
The maximum number of lots, or dwelling units, or gross floor area
shall be as set forth for the zoning district(s) in which the property
is located.
c.
Where required, the minimum percent of the total tract to be set
aside for open space, common property or public areas, excluding street
rights-of-way, shall be as set forth in the zoning requirements.
d.
Where common property is being created, a homeowners' association
shall be required for the ownership and maintenance of the property.
4.
Lands offered to the Borough shall meet the following requirements:
a.
The minimum size shall be three acres of accessible, usable uplands.
b.
It shall be an integral part of the development and located to best
suit the purpose(s) for which it is intended.
c.
Every parcel accepted by the Borough shall be conveyed by deed at
the time final plat approval is granted.
d.
Lands offered to the Borough shall be subject to approval by the
Governing Body or School Board after recommendation by the Board.
Neither the Governing Body nor the School Board is obligated to accept
any offer to dedicate land. The Board shall be guided by the Master
Plan, the ability to assemble and relate such lands to an overall
plan, the accessibility and potential utility of such lands to serve
the intended purpose and such existing features as topography, soils,
wetlands and tree cover as these features may enhance or detract from
the intended use of lands. The Board may request an opinion from other
agencies or individuals as to the advisability of accepting any lands
to be offered.
B.
Design Option for Industrial or Office Parks on Tracts of 20 or More
Acres.
1.
Any proposal to develop three or more lots or principal uses on a
tract of 20 contiguous acres or more may provide a comprehensive plan
for the entire tract according to the definition of "industrial/office
park."
2.
In such a plan, the permitted lot and/or building coverage and/or
floor area ratio may be calculated and applied to the entire park
so as to allow individual lots and/or tenant's parcels to exceed the
maximum coverage(s) and maximum floor area ratios [but not more than
65% lot coverage and not more than a 0.40 floor area ratio in any
event], provided that other parcels are either undeveloped, or dedicated
to school or other public use, or developed with less than the maximums
so that the maximum coverage and/or floor area ratio for the entire
tract is not exceeded.
3.
Lots or tenant's parcels in such a development shall have a deed
restriction indicating the appropriate limitation(s) on lot size,
floor area ratio, and/or lot coverage (as appropriate) and the fact
that each site was part of a larger, comprehensive development in
which lot sizes and intensities of development were averaged throughout
the development with the subject lot designed for the approved size,
intensity and coverage as part of the larger plan.
4.
For lots less than two acres:
a.
Lot area.
Average two: acres
Minimum one: acre
b.
Minimum lot width and depth: 150 feet.
c.
Minimum side and rear yards: two times the building height.
d.
Minimum front yard: 50 feet.
e.
Minimum setback from the centerline of any existing or proposed electric
company's transmission/distribution supply line or electric substations
shall be 200 feet. This setback shall not apply to 13 kv local service
lines or service connections into individual buildings.
5.
No lots less than the average lot size may be subdivided until a
sufficient number of lots exceeding the average lot size have been
subdivided in order to maintain the minimum average lot size. In any
event, no more than half the total number of resulting lots may be
less than the average lot size.
C.
Recreation Areas.
1.
Any cluster development or other planned residential or mixed use
development subject to GDP approval shall make provision for a dedication
of land and improvements for recreation facilities.
2.
Recreation Improvements. Recreation facilities shall comply with
the following. The primary goal is to develop the recreation areas
on-site, but alternative sites may be offered by the developer and
accepted by the Borough provided the objectives of this section are
met:
a.
Developments located on sites identified for recreation facilities
on various plans set forth in the adopted Master Plan shall be designed
to implement the Master Plan. Where the developer does not wish to
create the recreation area as common property, the developer may use
a lot size averaging design and offer the properly sized property
to the Borough for public purposes.
b.
The location and type of recreation improvements shall be a determination
of the Board based on recommendations by the developer and the Board's
consideration of the site's location and size, duplication of nearby
recreation facilities, and the physical features of the land. The
location for recreation improvements shall be suitable for the intended
purpose(s) considering road access, slope, drainage, proximity to
residences, lighting (if any), the size of the total tract, and the
size of the recreation site.
c.
Active recreation uses shall be planned to avoid the following: land
with final grades greater than 10% or such lesser slopes that would
preclude the installation of the intended facility; storm water detention
basins; areas closer than 200 feet to the centerline of electric poles
carrying more than 13 Kv; and designated wetland or wetland buffer
areas except as set forth in subsection 1c above.
d.
The developer shall be responsible for the following: providing the
recreation site; grading the recreation site so it has positive drainage,
but achieving an appropriate level condition for the activity(ies);
landscaping the area and providing the required buffer area adjacent
to residential development; and installing the appropriate facilities
as shown on an approved site plan. Improvements shall be designed
to meet regulation size(s) for the designated fields, courts, and
other activities, and shall be improved with the appropriate grading,
seed or sod, blacktop, fencing, lighting (if any), and related facilities
such as, but not limited to, standards and baskets for basketball,
nets and fencing for tennis, infield dirt and outfield grass for baseball
and softball, turf and goal posts for soccer and football, paved walkways,
parking areas, bicycle racks, player benches, and water supply for
drinking, sanitary and irrigation purposes.
e.
The minimum area required for recreation purposes shall be as follows,
except that CCRC and AR Zone developments have separate standards:
(1)
In residential developments the following minimum percentages
of the gross tract area shall be dedicated to recreation use, except
that no area shall be less than the area set forth in paragraph (2)
below:
|
Dwelling Type
|
Number of Dwelling Units
| ||
|---|---|---|---|
|
R-1 and RA Districts:
| |||
|
Single-Family
|
20-30
|
31-100
|
101+
|
|
Apt., Townhouse and Other Multi-Family
|
40-60
|
61-200
|
201+
|
|
Recreational Requirement
|
1.5 ac
|
3.5%
|
3.25%
|
|
R-2 Districts:
| |||
|
Single-Family
|
20-30
|
31-100
|
101+
|
|
Apt., Townhouse and Other Multi-Family
|
40-60
|
61-200
|
201+
|
|
Recreational Requirement
|
1.5 ac
|
4.50%
|
4.25%
|
|
R-3 and R-4 Districts:
| |||
|
Single-Family
|
20-30
|
31-100
|
101+
|
|
Apt., Townhouse and Other Multi-Family
|
40-60
|
61-200
|
201+
|
|
Recreational Requirement
|
1.5 ac
|
5.50%
|
5.25%
|
(2)
The minimum tract size for recreation shall be the larger of
either 2.0 acres, with no dimension less than 200 feet, or two times
the minimum area required for the standard footprint of the specific
recreation facility(ies) in order to provide spectator areas, parking
areas, and space for foul balls, landscaping, and minimizing nuisances
and hazards on adjoining lots and streets. If a site is to be offered
to the Borough for a public facility at no cost to the Borough, the
minimum size shall be three acres with no dimension less than 300
feet.
f.
Each recreation area shall have its major frontage on a street and
shall have no more than 1/2 its perimeter abutting a lot line of a
residential use. Where a recreation area abuts residences there shall
be a planted buffer area at least 25 feet wide, planted consistent
with the Borough's buffer standards. Said buffer area shall not be
counted as meeting the minimum acreage required for the recreation
area.
g.
For purposes of this Chapter, a tot lot shall not be permitted as
a stand-alone facility, but a tot lot may be one of several improvements
within, and as part of, a larger facility.
h.
The recreational facilities to be provided shall be field and/or
court games of such number as appropriate for the size of the development,
the size and dimensions of site on which the facilities are to be
located, and the proximity of other recreation facilities. In the
CCRC or AR Zones, the recreation requirement may be met by providing
an on-site club house, community building, or similar facility containing
rooms for social functions, meetings and the like whether these are
included in a freestanding building or as an integral part of the
floor plan of an apartment complex.
i.
Where swimming pools are constructed, they shall remain a homeowners'
association facility and shall not be offered for dedication to the
Borough.
j.
The method of preserving the recreation areas for their intended
purposes shall be a determination of the Board and may be by easement,
deed restriction, dedication to the Borough or other governmental
agency, a homeowners' association, or other means of perpetual dedication
acceptable to the Board.
D.
Variety in Housing Design. There is required variety in the exterior
design and appearance of single-family homes. The uniformity in the
exterior design and appearance of buildings in the same residential
neighborhood affects the desirability of the area for residential
purposes. It is the intention of this section to require different
styles of housing and/or sufficient modification in the exterior design
and/or siting of the same style of single-family home so that monotonous
repetition will not occur. Accordingly, no construction permit shall
be issued for the erection of any single-family residence unless it
significantly differs from any adjoining residence or the residence
across the street in at least seven of the following respects:
1.
Variation in the architectural style, e.g., Victorian, Colonial,
Craftsman, Queen Anne, etc.
2.
Variation in building design, such as: two-story, one-story, side-to-side
split-level, front-to-rear split-level, etc.
3.
Variation in roof designs, e.g., flat, hip, gable, mansard, etc.,
4.
Variation in roof pitch.
5.
Provision of dormer windows.
6.
Variation in the height of eave line and the length of eave projection.
7.
Variation in the color and material of the (street) facade.
9.
Variation in the location of garages, the location of garage doors,
and the color and design of garage doors.
10.
Variation of the color, design, and materials of the trim and other
architectural ornamentation.
11.
Variation in the placement, design, and color of windows and doors.
12.
Variation in the surface area of all openings (windows and doors),
as a percentage of the surface area of the (street) facade.
13.
Variation in the height materials used in the treatment of building
foundation at the (street) facade.
14.
Garages shall be alternated between locations at the front, rear
or either side of the building and/or alternate the garage door to
face either the side lot line or the rear lot line.
15.
Different housing styles, e.g., two-story, one-story, side-to-side
split level, front-to-rear split level, etc.
E.
Continuing Care Retirement Community (CCRC) Zone Requirements. Continuing
Care Retirement Community (CCRC) Zone development shall meet the following
requirements.
1.
The Board may require the applicant to provide a list of all certificates,
licenses and other types of approvals required to be issued by agencies
of the State of New Jersey for the purpose of operating and developing
a CCRC, together with periodic updated information on the status of
each, and the final certificate of occupancy shall be withheld until
the required State approvals are issued.
2.
A CCRC facility shall be the place or places in which a person undertakes
to provide "continuing care" to an individual. For purposes of this
Chapter, "continuing care" means the provision of lodging and nursing,
medical or other health related services at the same or another location
to an individual pursuant to an agreement effective for the life of
the individual or for a period greater than one year, including mutually
terminable contracts, and in consideration of the payment of an entrance
fee with or without other periodic charges. An individual who is provided
continuing care is one who is not related by consanguinity or affinity
to the person who provides the care.
3.
The minimum age shall be 55 for every occupant.
4.
The minimum tract size for an overall development shall be 100 acres,
and for a development that is developed in two or more phases, each
phase of the development shall contain at least 25 acres.
5.
The overall development of a CCRC shall include apartment-style,
independent living units, and may include buildings connected by covered/enclosed
walkways within the areas separating the buildings. The number of
independent living units shall number at least 1,000, with a maximum
of 2,000 independent living units. A CCRC that is developed in two
or more phases shall have at least 375 independent living units in
each phase.
6.
The CCRC shall include assisted living units containing private bath
facilities and providing for congregate care dining facilities. These
units may be in addition to the independent living units in paragraph
E5 above. A minimum of 75 assisted living units shall be included
in the first phase of the development.
7.
The CCRC shall also include a health care center which shall provide
twenty-four-hour skilled nursing services and may also include an
outpatient clinic, therapy areas, and other medical facilities for
the use of residents and employees of the CCRC. These facilities shall
be in addition to the independent living units in paragraph E5 above.
A minimum of 75 skilled care beds shall be included in, and be completed
as part of, and no later than, the end of the second phase of the
development. The balance of the skilled care beds shall be completed
prior to, or as part of, the completion of the last phase of the development.
8.
All facilities on site shall be for the primary use by residents,
their guests, and/or employees.
9.
The overall development shall provide at least 40,000 square feet
of improved, outdoor recreation area in either a single location,
or divided into no more than three separate, but smaller areas. At
least 1/3 of this space shall be constructed as part of the first
phase of the development and the entire requirement shall be completed
prior to 80% of the development being completed.
10.
The CCRC shall dedicate at least 100 square feet of interior space
per independent living unit for accessory uses, such as, but not limited
to, meeting rooms; social rooms; doctors' offices; indoor and outdoor
recreation areas; restaurants, congregate dining facilities, and snack
bars; retail and personal services for the convenience of residents,
employees and guests; lecture halls; library; places of worship; hobby
and various craft, health, exercise or vocational activities; classrooms;
post office; banks; news and entertainment centers; and swimming pools
as well as facilities related to the operation of the facility such
as, but not limited to, administrative offices; food and record storage
areas; property maintenance facilities; radio and satellite dish antennas;
non-age restricted day care center for relatives of employees; and
security operations. Said dedicated space shall not include the corridors
in residential areas nor shall it include any garaged parking spaces.
11.
Notwithstanding anything contained in this Chapter to the contrary.
a.
Building alterations, which involve the combination and modification
of residential units and do not involve a change in the size of the
gross floor area, or the building foundation, or do not require additional
parking or additional building area, shall not require site plan approval.
b.
Six-foot high ornamental metal fencing and gates shall be permitted
along the front yard.
c.
Eight-foot high chain link fencing shall be permitted along the side
and rear lot lines, and, where screened by landscaping or wooded areas,
along the front lot line.
d.
Parking spaces may not be located more than 400 feet from the entrance
of the building which they serve and need not be located on the same
lot as the building which they serve.
e.
Parking stalls 17 1/2 feet in length shall be permitted in parking
structures.
f.
Buildings, structures and parking spaces may be located within buffer
and critical environmental areas, provided that they comply with applicable
NJDEP regulations pertaining to such areas, and
g.
The CCRC shall not be subject to the stormwater management requirements
of this Chapter, provided that it complies with all applicable NJDEP
requirements pertaining to stormwater management.
12.
The District Bulk Regulations set forth at the end of this Chapter
shall govern the density, bulk and yard requirements for the CCRC.
In addition, the following shall apply:
|
Minimum Setback from:
|
Feet
|
|---|---|
|
Public Right-of-Way
|
125
|
|
Exterior Perimeter Lot Line
|
50
|
|
Internal Phase Lot Line
|
0
|
|
Wetland
|
0
|
|
Wetland Buffer
|
0
|
|
Slopes > 15%
|
0
|
G.
Age Restricted (AR) Zone Requirements. Age Restricted (AR) Zone development
shall meet the following requirements.
1.
Such a community shall be permitted provided that the site is connected
to adequate public water and sewer.
2.
The minimum age of residents shall be 55 years of age consistent
with the Fair Housing Act and provided that no children under 19 years
of age are permitted to reside in the community in permanent residence.
Appropriate restrictive covenants shall be placed on all deeds to
any and all portions of the property to ensure compliance with these
age restrictions.
3.
The following standards shall apply for an Age Restricted Community:
a.
Minimum tract size — 50 acres.
b.
Minimum lot width — 1,000 feet.
c.
Minimum tract perimeter buffer — 50 feet.
d.
Maximum density - 2.5 units per acre.
e.
The entire tract shall be under the ownership of one entity for purposes
of obtaining all required development approvals and committing the
tract to the requirements of the active adult community option. Upon
approval of the tract for development no further development will
be permitted and appropriate restrictions will be incorporated in
the approval.
g.
Accessory structures and buildings are not permitted on single-family
lots except for patios and first floor decks which conform to this
Chapter. The homeowners' association shall record a master deed and
bylaws with a permanent prohibition on accessory structures and buildings
except for patios and first floor decks.
h.
Outdoor parking and storage of recreational vehicles (as defined
in this Chapter) or boats shall not be permitted anywhere within an
age restricted community.
i.
There shall be within each dwelling unit adequate area for the temporary
storage of solid waste and recyclable materials.
j.
Each dwelling unit shall have a two car garage. Such garage shall
not be permitted to be converted to living space.
k.
Minimum Open Space — 30%. At least 1/3 of this open space area
shall be located outside of wetlands, wetlands buffers, stream corridors
and steep slopes.
l.
A comprehensive open space and recreation plan shall be prepared
and approved by the Planning Board which shall include all proposed
passive and active recreational space and facilities. The open space
and recreation areas shall have a minimum contiguous area of not less
than 1.5 acres. All open space and recreational areas shall be dedicated
to a homeowners' association. No more than 35% of the housing units
within the active adult community shall receive construction permits
prior to the active recreation facilities being fully constructed
and operational. The facilities shall include:
(1)
A community clubhouse with a minimum area equal to 12 square
feet for each housing unit within the age restricted community. Facilities
within the clubhouse shall include an all purpose room, a commercial
style kitchen, restrooms and other such accommodations proposed by
the applicant and deemed appropriate by the Board.
(2)
A swimming pool of at least 12 square feet for each housing
unit.
(3)
Outdoor recreational facilities such as putting green, bocce
courts, tennis courts, etc. geared toward active adults shall also
be provided. Any recreational facility shall be utilized only by residents
of the age restricted community or their guests, and shall not be
available to the general public.
(4)
Parking for the above facilities in the amount of one parking
space for each 200 square feet of building area.
(5)
The above facilities shall be located no closer than 50 feet
to a residential structure.
m.
A homeowner's association established shall be responsible for owning,
maintaining, and repairing all common areas in the community. All
residents in the community shall be required to be members of the
association. This requirement shall be set forth in the contract of
sale and deed for each unit as well as in any public offering statement
required by State law.
n.
Landscaping. All lawn areas and planting beds shall be served by
sprinklers. In order to insure the consistent and continued operation
of the sprinkler system, the maintenance and cost of the operation
(including water) of sprinkler systems shall be borne by the homeowners
association. All other landscaping shall conform to the requirements
of this Chapter.
o.
Low and moderate income housing. A 25% set-aside of low and moderate
income housing units shall be required.
H.
Inclusionary Zones (R-3 or R-4) Requirements. Inclusionary (R-3 or
R-4 Inclusionary) Zones development shall meet the following requirements.
1.
Excluding any parking requirements specifically required for the
community clubhouse, parking shall be governed by the New Jersey Residential
Site Improvement Standards (RSIS).
2.
Each dwelling unit shall have an adequate area for the indoor storage
of solid waste and recyclable materials.
3.
All open space and recreational areas shall be owned and managed
by a management entity acceptable to the Planning Board. No more than
50% of the housing units within the community shall receive certificates
of occupancy prior to the active recreational facilities being fully
constructed and operational. The facilities shall include:
a.
A community clubhouse with a minimum area equal to 12 square feet
for each housing unit within the community. Facilities within the
clubhouse shall include an all purpose room, restrooms and other such
accommodations proposed by the applicant and deemed appropriate by
the Planning Board.
b.
A swimming pool of at least six square feet for each housing unit.
c.
Additional outdoor recreational facilities may include a putting
green, bocce courts and tennis courts, etc. Any recreational facility
shall be utilized only by residents of the community or their guests,
and shall not be available to the general public.
d.
Parking for the community clubhouse in the amount of one parking
space for each 300 square feet of building area.
e.
The above facilities shall be located no closer than 50 feet to a
residential structure.
f.
The management entity shall be responsible for owning, maintaining,
and repairing all improvements in the community.
g.
Other applicable design and performance standards. Other applicable
design and performance standards, in addition to those noted above,
and contained in the Borough's Land Use Ordinance shall apply unless
specifically modified by this subsection.
I.
Assisted Living Residence Requirements. Assisted Living Residences
shall meet the following requirements:
1.
The minimum age shall be 62 for every occupant.
2.
The building shall provide apartment-style housing and congregate
dining and assure that supportive personal and health services are
available to residents 24 hours per day. Apartments shall offer, at
a minimum, one furnished room, a private bathroom, a kitchenette and
a lockable door on the unit entrance.
3.
The applicant shall include with the proposal a listing of all certificates
and/or licenses required to be issued by the State of New Jersey,
such as, but not limited to, the Department of Community Affairs and
the Department of Health, together with the status of each. In the
event any State certificates, licenses, or other State approvals have
not been received, Borough approval shall be conditioned on the receipt
of such State approvals.
4.
The maximum density shall be 30 units per acre with the size of the
development being at least 60 dwelling units, but not more than 150
dwelling units.
J.
RET Zone — Large Scale Planned Retail Overlay Zone.
1.
Per the Borough of Tinton Falls 2007 Master Plan, "The Rehabilitation/Planned
Development overlay is intended to be an option within the area identified
on the Land Use Plan map. The primary purpose of this land use category
is to encourage the comprehensive replanning and development of the
area north and south of Route 18. Currently, the area is a haphazard
mix of heavy industrial uses, commercial and residential uses, which
is intersected by Route 18, a rail line and Shafto Road. In order
to use this option, a minimum of 100 acres would be required. A key
component of this option is the relocation of the two heavy industrial
uses (i.e. Marpal and the concrete plant) from their existing locations
on the north side of Route 18 to an MFG zone (implemented as MFG2
in this Chapter) on the south side of Route 18. Principal permitted
uses in this MFG area (implemented as MFG2 in this Chapter) would
include asphalt and concrete plants and recycling facilities. The
area identified as retail on the concept plan is proposed for large
scale planned retail."
2.
Therefore, the RET — Large Scale Planned Retail Overlay Zone
shall be in effect when both:
a.
The relocation or ceasing of operation and availability for development
of the Marpal Waste Transfer Station (Block 113, Lots 1.01 & 2).
b.
The relocation or ceasing of operation and availability for development
of the Clayton Concrete Manufacturing Plant (Block 109, Lots 9.01,
12.01, 13.01, 15, 18, 19, 20, 21, 22, 23, 24, & 29.02).
3.
Until such time as both conditions under paragraphs 2a and 2b above
are complete, the zoning for the area described Block 113, Lots 1.01
& 2 and Block 109, Lots 9.01, 12.01, 13.01, 15, 18, 19, 20, 21,
22, 23, 24, & 29.02 shall remain IOP.
4.
Permitted Use in the RET - Large Scale Planned Retail Overlay Zone
shall be regional shopping centers, subject to the bulk and design
standards of this Chapter.
[Ord. No. 11-1314; Ord. No. 11-1314 § 23; Ord. No. 11-1317 § 4]
A.
General. The Planning Board shall not approve a conditional use unless
it finds that the use meets all the requirements of this Chapter,
does not substantially impair the use and enjoyment of surrounding
properties, does not substantially impair the character of the surrounding
area and does not have any adverse effect on surrounding properties.
B.
Requirements for Specific Uses.
1.
Agricultural Uses and Farms. The intent of this section is to allow
for the continued use of agricultural and farm properties at a scale
that is consistent with the minimum standards required for inclusion
in New Jersey Department of Agriculture SADC preservation requirements.
Agricultural and farm uses, buildings and structures, as defined in
this Chapter, may be located, when approved as conditional uses, in
the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
[Amended 10-19-2021 by Ord. No. 2021-1479; 9-19-2023 by Ord. No. 2023-1507]
a.
The property must contain five or more acres of land and produce
agricultural or horticultural products worth $2,500 or more annually;
or
b.
The property contains less than five acres of land and produces agricultural
or horticultural products worth $50,000 or more annually; or
d.
The following nonexclusive list of farming activities shall be considered
permitted farm uses when in accordance with this chapter:
(1)
Production of agricultural and horticultural crops, trees, and
forest products, livestock, poultry and other commodities as described
in the Standard Industrial Classification for agriculture, forestry,
fishing and trapping.
(2)
The housing and grazing of animals and use of range for fowl.
The raising of cattle and horses shall be permitted on any farm, provided
that there shall be an open area of at least 10,000 square feet for
each head of livestock. The raising of chickens shall be permitted
on any farm, provided that the area utilized for such chickens is
no closer than 100 feet to any property line. Roosters are not permitted
on any property in the Borough.
(3)
The operation of public and private stables, riding academies,
horse breeding, training, and boarding facilities.
(4)
Erection of essential agricultural buildings, including those
dedicated to the processing and packaging of the output of commercial
farms and ancillary to agricultural and horticultural production.
(5)
Construction of fences.
(6)
Control of pests, including, but not limited to, insects and
weeds, predators and diseases of plants and animals.
(7)
Conduction of agriculture-related educational and farm-based
recreational activities, provided that the activities are related
to marketing the agricultural or horticultural output of the commercial
farm and permission of the farm owner and lessee is obtained.
(8)
Use of any and all equipment, including, but not limited to,
irrigation pumps and equipment, aerial and ground seeding and spraying,
tractors, harvest aides, traps, and animal and bird control devices.
(9)
Storing, processing and packaging of the agricultural output
of the farm.
(10)
The wholesale and retail marketing, including pick your own
marketing, and sales of agricultural output of farms or commercial
farms, including related products that contribute to farm income,
including the construction buildings and parking areas in accordance
with the applicable standards set forth in the Right to Farm Act[1] for On-Farm Direct Marketing Facilities and this Chapter 40.
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
(11)
Replenishment of soil nutrients and improvement of soil tilth.
(12)
On-site disposal of organic agricultural waste.
(13)
The application of manure and chemical fertilizers, insecticides,
pesticides, and herbicides in accordance with labeled instructions
as approved by the New Jersey Agricultural Experiment Station and
the United States Environmental Protection Agency.
(14)
Installation of wells, ponds and other water resources for agricultural
purposes such as irrigation, sanitation and marketing preparation.
(15)
The foregoing practices and activities may occur on holidays,
weekdays and weekends by day or night and shall include the attendant
or incidental noise, odors, dust, fumes, and lighting associated with
these practices.
(16)
Any other agricultural activity determined by the State Agriculture
Development Committee to be a generally accepted agricultural management
practice within the meaning of N.J.S.A. 4:1C-1 et seq.
e.
The farm operation (practices, activities, and structures) must conform
to generally accepted agricultural management practices, comply with
all relevant federal and state statutes and regulations, and not pose
a direct threat to public health and safety.
f.
Slaughterhouses are not permitted.
g.
Commercial poultry farms shall not be permitted unless the poultry
house walls and brooder house walls are at least 500 feet from any
lot line. A "commercial poultry farm" shall be deemed to be any farm
on which there are more than 50 fowl.
h.
Any property used as a farm that abuts a residential zone or use
must contain a buffer along all side and rear property lines. The
buffer shall be a minimum width of 15 feet, or 10% of the lot width,
whichever is greater and shall be planted with dense evergreen trees
a minimum of six feet high at the time of planting.
i.
Section 40-33B (Accessory Structures and Uses) shall not apply to agricultural and farm uses operated in accordance with this chapter. Accessory structures shall be constructed in accordance with the following standards:
(1)
The maximum permitted building and lot coverage for the zone
shall govern the maximum permitted size of the principal structure
and any associated accessory structures.
(2)
With the exception of farm stands in accordance with Section
40-37B1i, no accessory building or structure shall be located closer
to a right-of-way line than the principal building. On corner lots,
accessory buildings or structures shall not be located closer to a
street than the minimum required front yard setback requirement for
the zone and shall be screened by evergreen landscaping.
(3)
Accessory buildings used solely for the storage of goods or
equipment that are no larger than 400 square feet and no greater than
10 feet high shall be set back no less than five feet from any side
or rear lot line. Accessory buildings used solely for the storage
of goods or equipment that are greater than 400 square feet or 10
feet high shall be set back no less than 25 feet from any side or
rear lot line.
(4)
Accessory buildings or barns used for the housing of animals
shall be located at least 100 feet from any lot line and at least
100 feet from any dwelling.
(5)
The height of any accessory structure shall not exceed 25 feet
or the height of the principal building, whichever is less, with the
exception of silos, which have no height limitation.
(6)
No accessory building or structure shall be used for human habitation.
j.
Temporary farm stands may be constructed in accordance with the following
standards:
(1)
Farm stands must be located on a qualified owner's or operator's
commercial farm which is under active, continuous farming operation
and upon which 51% or more of the marketed products are raised, and
the farm must meet the requirements of the Farmland Assessment Act.[2]
[2]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
(2)
Farm stands shall not exceed a maximum area of 500 square feet
and shall be set back a minimum of 15 feet from any street right-of-way
line and 30 feet from any side lot line.
(3)
A maximum height of 15 feet is permitted for any structure,
tent or canopy.
(4)
Farm stands shall be accompanied by a paved, gravel and/or grassed
area for customer parking that can accommodate not less than three
vehicles, which parking area shall be located in such a location as
to facilitate the safe flow of traffic. There shall be adequate and
safe access, ingress and egress from any adjacent public road or street,
including provisions for an adequate turnaround area to prevent vehicles
from backing out onto any public street.
(5)
Farm stands shall be operated during daytime hours only, from
8:00 a.m. to dusk.
(6)
Operators must apply for and obtain a Zoning Permit for any
proposed farm stand.
k.
Seasonal farm advertising signs may be constructed in accordance
with the following standards:
(1)
No more than one such sign shall be located on any one property
or properties used as a single farm.
(2)
No such sign shall exceed 20 square feet in area, six feet in
height or be located within 10 feet of a street right-of-way line.
(3)
No such sign shall be internally or externally illuminated.
(4)
All seasonal farm advertising signs shall be temporary in nature,
and nonpermanent structures.
(5)
All seasonal farm advertising signs shall be properly maintained
and shall not be allowed to fall into disrepair.
(6)
No such sign shall be an obstruction to any neighbor exiting
their driveway.
l.
Apiaries and beekeeping activities are excluded from this section,
as they are preempted by state law per N.J.S.A. 40:48-1.5. All such
activities shall be in accordance with N.J.A.C. 2:24.
2.
Churches and Places of Religious Worship. Church uses, buildings
and structures, as defined in this Chapter, may be located, when approved
as conditional uses, in the zone as specified in Schedule A subject
to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
d.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Minimum Building Separation
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Churches and places of religious worship
|
3 acres
|
100 feet
|
120 feet
|
100 feet
|
50 feet
|
100 feet
|
100 feet
|
60%
|
2.5
|
35* feet
|
50 feet
|
|
* With the exception of spires, cupolas or other architectural
appurtenances
|
3.
Schools. School uses, either for public, private or parochial instruction,
as defined by this Chapter, may be located, when approved as conditional
uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
d.
Proof of compliance with standards of and accreditation by the New
Jersey State Department of Education.
e.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Minimum Building Separation
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
School uses
|
3 acres, plus 1 acre per 100 students
|
200 feet
|
250 feet
|
50 feet
|
50 feet
|
100 feet
|
100 feet
|
60%
|
2.5
|
35* feet
|
40
|
|
* With the exception of spires, cupolas or other architectural
appurtenances
|
4.
Townhouses, Duplexes or Other Plex Units. Townhouses, duplexes or
other plex units, as defined in this Chapter, may be located, when
approved as conditional uses, in the zone as specified in Schedule
A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
d.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum Density-Dwelling Units per Acre
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Town- houses, duplexes or other plex units
|
6,000 square feet per unit
|
50 feet per unit
|
60 feet per unit
|
45 feet
|
0 feet interior 20 feet exterior
|
40 feet
|
35 feet
|
50%
|
2.5
|
30 feet
|
6.5 units per acre
|
5.
Garden Apartments. Garden apartments, as defined in this Chapter,
may be located, when approved as conditional uses, in the zone as
specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
Minimum 20% open space with community amenities.
d.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
e.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum Density-Dwelling Units per Acre
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Garden apart- ments
|
2 acres and 4,000 square feet per unit
|
250 feet
|
280 feet
|
60 feet
|
75 feet
|
150 feet
|
75 feet
|
25%
|
2.5
|
35 feet
|
10 units per acre
|
6.
Automobile Fueling Stations. Automobile fueling station, as defined
in this Chapter, may be located, when approved as conditional uses,
in the zone as specified in Schedule A subject to the following: (NOTE:
Any and all automobile uses may be developed in combination with any
other automobile use, however the conditional use standards for each
use are to be considered in combination so that the conditions of
all uses are to be met by the individual automobile use elements of
the property.)
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
A minimum of two entrance and exit driveways are required. Entrance
and exit driveways shall be at least 30 feet in width. There shall
be a safety zone of at least 25 feet between driveways, and driveways
shall be at least 10 feet from adjoining property lines. Corner lots
shall have a curb radius of at least 25 feet, and driveway entrances
shall start at least 25 feet from the radius tangent points.
d.
Gasoline pumps and other apparatus shall be so located as to permit
safe and convenient traffic circulation. Every gasoline or oil tank,
pump or other device, appliance or apparatus shall be located at least
50 feet from a street right- of-way line, at least 75 feet from a
residential zone boundary and at least 10 feet from any property line.
e.
A cantilevered cover or canopy may be permitted to extend into the
front yard, provided that it is at least 30 feet from any front property
line.
f.
No part of any automobile fueling station operation or paved area
shall be conducted within 50 feet of a residential zone boundary or
use. A six-foot high board on board or similar fence shall be installed
along any residential zone boundary or use.
g.
No part of any automobile fueling station operation shall be conducted
within 1,000 feet of any other/existing automobile fueling station.
h.
All paved areas within the property shall be at least 10 feet from
a property line, 20 feet from a street right-of-way line and 50 feet
from a residential zone boundary or use and bounded by concrete curbing
at least six inches above the surface.
i.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
j.
There shall be no outdoor storage of supplies, materials or automobile
parts, whether for sale, storage or waste, other than display items
normally used in their daily operation.
k.
All storage tanks shall be installed below ground level per Department
of Environmental Protection regulations.
l.
No unlicensed motor vehicle or part thereof shall be permitted on
the premises.
m.
Retail sales of food, beverages, snacks and other convenience items
are permitted as a clearly ancillary use to the sale of gasoline.
No more than 4,000 square feet may be dedicated to retail sales. Total
retail sales area shall generate onsite parking requirements and comply
with all parking standards.
n.
The sale or rental of cars, trucks, trailers, boats or any other
vehicles on the premises of an automotive fueling stations, shall
be prohibited.
o.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Auto- mobile fueling stations
|
1 acres
|
150 feet
|
160 feet
|
60 feet
|
25 feet
|
50 feet
|
75 feet
|
60%
|
1.5
|
25 feet
|
0.15
|
7.
Automobile Repair Shops. Automobile repair shops, as defined in this
Chapter, may be located, when approved as conditional uses, in the
zone as specified in Schedule A subject to the following: (NOTE: Any
and all automobile uses may be developed in combination with any other
automobile use, however the conditional use standards for each use
are to be considered in combination so that the conditions of all
uses are to be met by the individual automobile use elements of the
property.)
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
No part of any automobile repair shop operation or paved area shall
be conducted within 50 feet of a residential zone boundary or use.
A six-foot high board on board or similar fence shall be installed
along any residential zone boundary or use.
d.
All paved areas within the property shall be at least 10 feet from
a property line, 20 feet from a street right-of-way line and 50 feet
from a residential zone boundary or use and bounded by concrete curbing
at least six inches above the surface.
e.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
f.
There shall be no outdoor storage of supplies, materials or automobile
parts, whether for sale, storage or waste, other than display items
normally used in their daily operation.
g.
All storage tanks shall be installed below ground level per New Jersey
Department of Environmental Protection regulations.
h.
Repair work, other than incidental minor repair, shall take place
within the building, and all repair or service apparatus shall be
located within the building.
i.
Floor drains shall not be connected to any sanitary sewer system,
and they may be connected to the storm sewer system only if an oil
separator has been installed prior to the location of the connector.
j.
No unlicensed motor vehicle or part thereof shall be permitted on
the premises of an automobile repair shop. Moreover, no more than
six motor vehicles may be located upon any automobile repair shop
premises outside of a closed or roofed building for a period not to
exceed seven days.
k.
The use and parking of tow trucks shall be limited to three per automobile
repair shop.
l.
The sale or rental of cars, trucks, trailers, boats or any other
vehicles on the premises of an automobile repair shop shall be prohibited.
m.
The storage of cars, trucks, trailers, boats or any other vehicles
not being serviced or repaired on the premises of an automobile repair
shop shall be prohibited.
n.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Auto- mobile Repair Shops
|
20,000 square feet
|
100 feet
|
120 feet
|
60 feet
|
20 feet
|
40 feet
|
75 feet
|
60%
|
1.5
|
25 feet
|
0.20
|
8.
Automobile Car Wash. Automobile car wash, as defined by this Chapter,
may be located, when approved as conditional uses, in the zone as
specified in Schedule A subject to the following: (NOTE: Any and all
automobile uses may be developed in combination with any other automobile
use, however the conditional use standards for each use are to be
considered in combination so that the conditions of all uses are to
be met by the individual automobile use elements of the property.)
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Such use shall provide an adequate off-street automobile stacking
area which shall not be less than 20 spaces per wash bay. Such stacking
system shall in no way hinder or impair normal traffic flow on adjoining
property or public rights-of-way. In addition, there shall be an unobstructed
by-pass lane and one parking space per employee on the maximum shift
shall be required.
c.
Areas reserved for the self vacuuming of floor mats and other services
shall be separated from and not interfere with traffic circulation
in the lanes accessing the automobile car wash.
d.
A wash water recycling system is required.
e.
No unlicensed motor vehicle or part thereof shall be permitted on
the premises of an automobile car wash. Moreover, no more than six
motor vehicles may be located upon any automobile car wash premises
outside of a closed or roofed building for a period not to exceed
seven days.
f.
No part of any automobile car wash operation or paved area shall
be conducted within 50 feet of a residential zone boundary or use.
A six-foot high board on board or similar fence shall be installed
along any residential zone boundary or use.
g.
All paved areas within the property shall be at least 10 feet from
a property line, 20 feet from a street right-of-way line and 50 feet
from a residential zone boundary or use and bounded by concrete curbing
at least six inches above the surface.
h.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
i.
Approval of the Municipal Engineer regarding utilities and drainage
and the Department of Health and Welfare regarding the performance
standards shall be required.
j.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Auto- mobile Car Wash
|
1 acre
|
200 feet
|
220 feet
|
60 feet
|
30 feet
|
60 feet
|
40 feet
|
60%
|
1.5
|
25 feet
|
0.20
|
9.
Automobile Oil Change and Lubrication Shops. Automobile oil change
and lubrication shops, as defined by this Chapter, may be located,
when approved as conditional uses, in the zone as specified in Schedule
A subject to the following: (NOTE: Any and all automobile uses may
be developed in combination with any other automobile use, however
the conditional use standards for each use are to be considered in
combination so that the conditions of all uses are to be met by the
individual automobile use elements of the property.)
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Such use shall provide an adequate off-street automobile stacking
area which shall not be less than six spaces per service bay. Such
stacking system shall in no way hinder or impair normal traffic flow
on adjoining property or public rights-of-way. In addition, one parking
space per employee on the maximum shift shall be required.
c.
No part of any automobile oil change and lubrication shop operation
or paved area shall be conducted within 50 feet of a residential zone
boundary or use. A six-foot high board on board or similar fence shall
be installed along any residential zone boundary or use.
d.
All paved areas within the property shall be at least 10 feet from
a property line, 20 feet from a street right-of-way line and 50 feet
from a residential zone boundary or use and bounded by concrete curbing
at least six inches above the surface.
e.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
f.
There shall be no outdoor storage of supplies, materials or automobile
parts, whether for sale, storage or waste, other than display items
normally used in their daily operation.
g.
All storage tanks shall be installed below ground level per New Jersey
Department of Environmental Protection regulations.
h.
Repair work, other than incidental minor, repair, shall take place
within the building, and all repair or service apparatus shall be
located within the building.
i.
Floor drains shall not be connected to any sanitary sewer system,
and they may be connected to the storm sewer system only if an oil
separator has been installed prior to the location of the connector.
j.
No unlicensed motor vehicle or part thereof shall be permitted on
the premises of an automobile oil change and lubrication shop. Moreover,
no more than six motor vehicles may be located upon any automobile
oil change and lubrication shop premises outside of a closed or roofed
building for a period not to exceed seven days.
k.
The sale or rental of cars, trucks, trailers, boats or any other
vehicles on the premises of an automobile oil change and lubrication
shop shall be prohibited.
l.
The storage of cars, trucks, trailers, boats or any other vehicles
not being serviced or repaired on the premises of an automobile oil
change and lubrication shop shall be prohibited.
m.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Auto- mobile Oil Change and Lubric- ation Shop
|
1 acre
|
200 feet
|
220 feet
|
60 feet
|
30 feet
|
60 feet
|
40 feet
|
60%
|
1.5
|
25 feet
|
0.20
|
10.
Second Floor Residential Units on Floors Above Office or Retail Uses.
Second floor residential units, as defined by this Chapter, may be
located, when approved as conditional uses, in the zone as specified
in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
Second floor residential units are only to be on a second floor,
no second floor residential units shall be built on a first floor
or in a one-story building.
d.
A minimum of 800 square feet of living area for each second floor
residential unit is required, a maximum of two bedrooms are permitted
in each unit.
e.
No more than four second floor residential units per principle lot.
Any one second floor residential unit shall require one affordable
second floor residential units for the purpose of providing additional
opportunities for low- and moderate-income housing in the Borough
of Tinton Falls and per the Borough of Tinton Falls Housing Element
and Fair Share Plan.
f.
A minimum of 600 square feet of lawn area per second floor residential
unit devoted to residential use.
g.
Development applications for second floor residential units shall
include:
(1)
Floor plans for each accessory apartment including square footage.
(2)
The number of bedrooms for each unit.
(3)
The location and use of the principal building and all accessory
buildings on the applicant's property.
(4)
Location and layout of off-street parking for residential and
nonresidential uses.
11.
Car and Truck Dealer. Car and truck dealers, as defined by this Chapter,
may be located, when approved as conditional uses, in the zone as
specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
Parking must be provided on site as required by this Chapter.
b.
Parking of for-sale vehicles shall be permitted between the front
building line and the street right-of-way.
c.
A minimum of two entrance and exit driveways are required. Entrance
and exit driveways shall be at least 30 feet in width. There shall
be a safety zone of at least 25 feet between driveways, and driveways
shall be at least 10 feet from adjoining property lines. Corner lots
shall have a curb radius of at least 25 feet, and driveway entrances
shall start at least 25 feet from the radius tangent points.
d.
A showroom and office area of no less than 5,000 square feet shall
be provided.
e.
A service area of no less than six repair bays shall be provided.
f.
No part of any car and truck dealer operation or paved area shall
be conducted within 50 feet of a residential zone boundary or use.
A six-foot high board on board or similar fence shall be installed
along any residential zone boundary or use.
g.
All paved areas within the property shall be at least 10 feet from
a property line, 25 feet from a street right-of-way line and 50 feet
from a residential zone boundary or use and bounded by concrete curbing
at least six inches above the surface.
h.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require. A row of low shrubbery planted along the edge
of the display or parking area along the street together with grass
or vegetative ground cover is required.
i.
There shall be no outdoor storage of supplies, materials or automobile
parts, whether for sale, storage or waste, other than display items
normally used in their daily operation.
j.
All storage tanks shall be installed below ground level per New Jersey
Department of Environmental Protection regulations.
k.
Repair work, other than incidental minor repair, shall take place
within the building, and all repair or service apparatus shall be
located within the building.
l.
Floor drains shall not be connected to any sanitary sewer system,
and they may be connected to the storm sewer system only if an oil
separator has been installed prior to the location of the connector.
m.
The rental of cars, trucks, trailers, boats or any other vehicles
on the premises of a car and truck dealer shall be prohibited.
n.
The storage of cars, trucks, trailers, boats or any other vehicles
not being serviced or sold on the premises of a car and truck dealer
shall be prohibited.
o.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Car and Truck Dealers
|
3 acres
|
250 feet
|
275 feet
|
80 feet
|
60 feet
|
120 feet
|
60 feet
|
60%
|
2.5
|
35 feet
|
0.20
|
12.
Hotels. Hotels, as defined by this Chapter, may be located, when
approved as conditional uses, in the zone as specified in Schedule
A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking requirements are as follows:
(1)
One parking space per guest room.
(2)
One parking space for each employee. The shift having the most
employees shall be used to calculate employees' parking needs.
(3)
One parking space for every three seats in the restaurant and
lounge and conference/banquet space.
(4)
Reduction of the required number of parking spaces may be permitted
by the Board, upon demonstration that shared parking is feasible,
likely, and adequate.
c.
A minimum of 100 guest rooms shall be provided. Guest rooms must
average no less than 300 square feet in area.
d.
A full service restaurant and lounge shall be provided.
e.
Conference/banquet space shall be provided to safely accommodate
up to 300 guests.
f.
An indoor swimming/lap pool for exclusive use of hotel guests shall
be provided.
g.
Lockers, showers and toilet areas related to the pool shall be provided.
h.
Health club space for exclusive use of hotel guests shall be provided
in addition to those facilities related to the pool.
i.
Snack bars, gift shops, newsstands, travel agents, ticket sales,
banking services, clothing sales, and similar services shall be considered
permitted accessory uses and may be permitted provided these uses
are incidental and subordinate to the hotel use, are for the convenience
of the guests of the hotel, and do not exceed the equivalent of 10%
of the gross floor area of the hotel lobby or 4,000 square feet, whichever
is less. These services shall be designed as an integral part of the
lobby area and shall have no separate, exterior means of access for
customers.
j.
All paved areas within the property shall be at least 10 feet from
a property line, 20 feet from a street right-of-way line and 50 feet
from a residential zone boundary or use and bounded by concrete curbing
at least six inches above the surface.
k.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
l.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Hotels
|
3 acres
|
250 feet
|
275 feet
|
100 feet
|
40 feet
|
80 feet
|
60 feet
|
60%
|
5
|
60 feet
|
0.33
|
13.
Swim Clubs, Tennis Clubs. Swim clubs and tennis clubs as defined
by this Chapter, may be located, when approved as conditional uses,
in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
All buildings and structures shall be permanent constructions clad
in wood, metal, concrete or vinyl siding and shall not be clad in
a flexible membrane or be structures that rely on air, cable tension
or other types of non rigid structures for structural support. Neither
shall geodesic domes or geodesic structures be allowed for said facility.
d.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
e.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Swim clubs, tennis clubs
|
2 acres
|
200 feet
|
210 feet
|
80 feet
|
60 feet
|
120 feet
|
60 feet
|
60%
|
2.5
|
35 feet
|
0.20
|
14.
Golf Driving Range, Miniature Golf and Par-3 Golf Course. Golf driving
range, miniature golf and par-3 golf courses as defined by this Chapter,
may be located, when approved as conditional uses, in the zone as
specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter.
c.
Exterior lighting for any evening play must be shielded and/or directed
to avoid visibility of the light source from adjacent roads and from
nearby residences.
d.
All par-3 fairways be either angled away from adjacent roads and
buildings to be either a minimum of 30° off parallel or, if parallel
to the road or adjacent lot, the edge of the fairway shall be at least
50 yards away from the right-of-way or lot line.
e.
Any par-3 courses where a green is located near a road or adjacent
lot and players are hitting toward the road or adjacent lot when approaching
the green, the design of the hole shall place the closest part of
the green at least 30 yards from the right-of-way or the lot line
and a double row of evergreens shall be planted between the green
and the road or adjacent lot.
f.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
g.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Golf driving range, mini- ature golf and par-3 golf course
|
4 acres driving range and mini- ature golf, 25 acres par-3 golf
course
|
250 feet
|
275 feet
|
80 feet
|
50 feet
|
100 feet
|
80 feet
|
60%
|
2.5
|
35 feet
|
0.20
|
15.
Commercial Radio and Other Communications Towers. Commercial radio
and other communications towers as defined by this Chapter, may be
located, when approved as conditional uses, in the zone as specified
in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
Towers shall be at least one-quarter mile from a residential zone.
b.
Towers shall be no higher than 250 feet from its base.
c.
Towers shall have no more than three different services attached.
d.
Towers shall be no closer to another commercial radio or other communications
tower than 1/2 mile measured in a straight line.
e.
Towers shall be set back from any public street at least 300 feet.
f.
Towers shall be set back from any other lot line at least 200 feet.
g.
Towers shall have no written, symbolic or similar material attached
to the tower.
16.
Resource Recycling Facility. Resource recycling facilities as defined
by this Chapter, may be located, when approved as conditional uses,
in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
Resource recycling facilities shall be limited in scope to the following:
(1)
None of the operation shall involve burning or dissolving, nor
shall the process involve any chemical process.
(2)
The tract shall have direct access to either a collector or
arterial street as classified on the Borough's Master Plan.
(3)
The perceptible noise at the lot line from the operation of
equipment shall not exceed the limits established by NJDEP.
b.
Maximum lot coverage includes storage piles and pavement areas for
driveways, aisles, parking and loading areas whether paved with blacktop,
concrete, crushed stone, crushed concrete, or similar material.
c.
The minimum setback of any structure from the centerline of any existing
or proposed electric company's transmission/distribution supply line
or electric substations shall be 200 feet. This setback shall not
apply to local service lines or service connections into individual
buildings of 13 Kv or less.
d.
No structure dedicated to any recycling process shall be closer than
600 feet to any existing residential use or residential zone boundary
line.
e.
No outside storage of any recyclable material shall be closer than
500 feet to any residential zone boundary line or any existing residential
use, except that office and similar administrative functions may not
be closer than 100 feet to any lot line.
f.
Whenever the property of a resource recycling facility shall abut
a residential zone boundary line or shall abut an existing residential
use and there shall be outdoor storage, there shall be provided a
landscaped buffer area of at least, 50 feet wide and may or may not
include berms contiguous with the residential use or zone boundary
lines. The buffer area shall be designed and planted in accordance
with this Chapter except that where natural wooded features are on-site
and adequately provide the intended buffer, the Board may approve
the existing conditions as meeting this requirement, in whole or in
part.
g.
The processing of aluminum cans, tin cans, glass, plastics and paper
shall take place within a completely enclosed building on the premises.
h.
The processing of wood, asphalt, concrete, and scrap aluminum and
scrap tin (other than aluminum and tin cans) may take place outside
of any building so long as the noise level at the property line shall
not exceed any New Jersey State, Monmouth County, or Borough laws,
rules or regulations, and so long as all storage and processing areas
are either paved or of crushed concrete or stone.
i.
While materials may be temporarily stored on-site as part of the
operation, and while this may result in the accumulation of piles
of recyclable materials that are in the process of being recycled,
no individual materials brought to the site are permitted to be permanently
left on-site. All materials brought to the site shall be separated,
ground, pulverized, packaged, and/or handled in such a way as to accomplish
the recycling operation so that individual products are shipped off-site
as part of a continuing operation. No process is permitted as part
of a recycling operation where the material is chemically altered,
including the burning or incineration of any materials.
j.
No materials shall be permitted to be stored outside of a building
if they are capable of eroding, blowing around, or otherwise capable
of causing a nuisance or a health or safety hazard by reason of contaminating
the soil, the air and/or ground or surface water supply or quality;
or blowing around the site; or creating litter, dust, odors, or unhealthy
or unsafe conditions; or collecting and retaining water.
k.
Materials permitted to be brought on-site and stored in outside piles
shall be stored in piles no higher than 30 feet.
l.
Hours of Operation. Resource Recycling Facilities shall operate only
between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday;
7:00 a.m. through 3:30 p.m., Saturday local time, and shall not operate
on Sundays.
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum FAR
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Resource recycling facility
|
30 acres
|
300 feet
|
375 feet
|
750 feet from an Arterial Road, 100 feet from a Collector or
Local road
|
100 feet
|
200 feet
|
200 feet
|
60%
|
2.5
|
35 feet
|
0.10
|
17.
Cemetery, With or Without Mausoleum or Crematory. Cemetery, with
or without mausoleum or crematory, as defined in this Chapter, may
be located, when approved as conditional uses, in the zone as specified
in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
Mausoleum shall be 400 feet from any property line.
b.
Crematory shall be 100 feet from any property line.
c.
Chapels and committal areas related to the internment, entombment
or cremation of human remains on site shall be an accessory use to
the principal use.
d.
Parking for all uses on site must be provided on site as required
by this Chapter.
e.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require.
f.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Lot Coverage
|
Maximum Building Height
|
Maximum Building Separation
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
Stories
|
Feet
| |||||
|
Interior
|
Corner
|
One
|
Total
| ||||||||
|
Cemetery, with or without mauso- leum, mortuary or crematory
|
10 acres
|
300 feet
|
300 feet
|
100 feet
|
50 feet
|
100 feet
|
50 feet
|
20%
|
4
|
50** feet
|
50 feet
|
|
** With the exception of spires, cupolas or other architectural
appurtenances
|
18.
Retail Warehouse. Retail warehouse, as defined by this Chapter, may
be located, when approved as conditional uses, in the zone as specified
in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
Parking must be provided on site as required by this Chapter.
b.
A minimum of two entrance and exit driveways are required. Entrance
and exit driveways shall be at least 30 feet in width. There shall
be a safety zone of at least 25 feet between driveways, and driveways
shall be at least 10 feet from adjoining property lines. Corner lots
shall have a curb radius of at least 25 feet, and driveway entrances
shall start at least 25 feet from the radius tangent points.
c.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require. A row of low shrubbery planted along the edge
of any parking areas along the street together with grass or vegetative
ground cover is required.
d.
There shall be no outdoor storage of any materials, whether for sale
or storage.
e.
Automobile tire and battery sales and installation shall be considered
an accessory use to the principal use and shall take place within
the building, and all service apparatus shall be located within the
building.
f.
Automobile fuel sales on site shall be considered a separate use,
an Automobile Fueling Station. (NOTE: Any and all automobile uses
may be developed in combination with any other automobile use, however,
the conditional use standards for each use are to be considered in
combination so that the conditions of all uses are to be met by the
individual automobile use elements of the property.)
g.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Building Height
|
Maximum Floor Area Ratio (FAR)
| ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
(square feet)
|
Width
(feet)
|
Depth
(feet)
|
Front
(feet)
|
Side
|
Rear
(feet)
|
Maximum Lot Coverage
(%)
|
Stories
|
Feet
| ||||
|
Each
(feet)
|
Both
(feet)
|
Lot
|
Bldg.
| |||||||||
|
Retail Ware- house
|
4 acres
|
150
|
250
|
70
|
50
|
100
|
80
|
65
|
—
|
—
|
40
|
.30
|
19.
Transportation Services. Transportation services, as defined by this
Chapter, may be located, when approved as conditional uses, in the
zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
No parking shall be permitted between the front building line and
the street right-of-way.
b.
Parking must be provided on site as required by this Chapter, including
fleet vehicles.
c.
Direct access to a State highway is required.
d.
No part of any transportation services operation or paved area shall
be conducted within 50 feet of a residential zone boundary or use.
A six-foot high board on board or similar fence shall be installed
along any residential zone boundary or use.
e.
All paved areas within the property shall be at least 10 feet from
a property line, 20 feet from a street right-of-way line and 50 feet
from a residential zone boundary or use and bounded by concrete curbing
at least six inches above the surface.
f.
All yard areas shall be attractively landscaped with grass lawns,
trees and shrubs or other vegetation or material as the Planning Board
may approve or require. A row of low shrubbery planted along the edge
of any parking areas along the street together with grass or vegetative
ground cover is required.
g.
There shall be no outdoor storage of supplies, materials or automobile
parts, whether for storage or waste.
h.
All storage tanks shall be installed below ground level per Department
of Environmental Protection Regulations.
i.
Minor repair work and routine maintenance of fleet vehicles shall
take place within the building, and all repair or service apparatus
shall be located within the building. No major repair work may occur
on premises. No major or minor repair work or routine maintenance
of non-fleet vehicles may occur on premises.
j.
A maximum of two service bays are permitted.
k.
Floor drains shall not be connected to any sanitary sewer system,
and they may be connected to the storm sewer system only if an oil
separator has been installed prior to the location of the connector.
l.
No unlicensed motor vehicle or part thereof shall be permitted on
the premises of a transportation services operation.
m.
The sale or rental of cars, trucks, trailers, boats or any other
vehicles on the premises of a transportation services operation shall
be prohibited.
n.
The storage of cars, trucks, trailers, boats or any other vehicles
not a part of fleet operations shall be prohibited.
o.
Compliance with all bulk requirements as indicated below:
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Building Height
|
Maximum Floor Area Ratio (FAR)
| ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
(square feet)
|
Width
(feet)
|
Depth
(feet)
|
Front
(feet)
|
Side
|
Rear
(feet)
|
Maximum Lot Coverage
(%)
|
Stories
|
Feet
| ||||
|
Each
(feet)
|
Both
(feet)
|
Lot
|
Bldg.
| |||||||||
|
Trans- porta- tion Serv- ices
|
4 acres
|
150
|
250
|
70
|
50
|
100
|
80
|
40
|
—
|
—
|
35
|
.20
|
20.
Single Stream Recycling Facility. Single stream recycling facilities
as defined by this Chapter, may be located, when approved as conditional
uses, in the zone as specified in Schedule A subject to the following:
Editor's Note: Schedule A is included as an attachment to this chapter.
a.
Single stream recycling facilities shall be limited to the following:
(1)
Single stream recycling facilities shall store and process materials
only in accordance with the conditional use standards of this subsection.
In addition to the foregoing, Class C Single Stream Recycling Facilities
shall store and process source-separated food waste, and Class D Single
Stream Recycling Facilities shall store and process Class D Recyclable
Materials within enclosed buildings only.
(2)
None of the operation shall involve burning or dissolving, nor
shall the process involve any chemical processing of recyclable materials.
(3)
The tract upon which the single stream recycling facility is
developed shall be a separate lot located at least 1,500 feet distant
from Shafto Road, measured in a straight line from lot line to street
line, and shall not have direct access to either a collector or arterial
street as classified on the Borough's Master Plan. Single stream recycling
facilities shall not front on nor be seen from Wardell Road or Shafto
Road.
(4)
The tract upon which the single stream recycling facility is
developed shall be a separate lot located within 1,100 feet form an
existing resource recycling facility or waste transfer station, measured
in a straight line from lot line to lot line.
(5)
The perceptible noise at the lot line from the operation of
equipment shall not exceed the limits established by NJDEP.
b.
Maximum lot coverage includes storage piles, storage bins, and pavement
areas for driveways, aisles, parking, loading and processing areas
whether paved with blacktop, concrete, crushed stone, crushed concrete,
or similar material.
c.
No structure dedicated to any recycling process shall be closer than
100 feet to any existing residential use or residential zone boundary
line.
d.
Whenever the property of a single stream recycling facility shall
abut a residential zone boundary line or shall abut an existing residential
use and there shall be outdoor storage, there shall be provided a
landscaped buffer area of at least 50 feet wide and may or may not
include berms contiguous with the residential use or zone boundary
lines. The buffer area shall be designed and planted in accordance
with this Chapter except that where natural wooded features are on
site and adequately provide the intended buffer, the Board may approve
the existing conditions as meeting this requirement, in whole or in
part.
e.
The process of Class A recyclable materials shall take place within
a completely enclosed building on the premises.
f.
The processing of Class B and Class C recyclable materials (excepting
therefrom source separated food waste) and scrap metal may take place
outside of a building so long as the noise level at the property line
shall not exceed any New Jersey State, Monmouth County, or Borough
laws, rules or regulations, and so long as all storage and processing
areas are either paved or of crushed concrete or stone.
g.
While recyclable materials may be temporarily stored on site as part
of the operation, and while this may result in the accumulation of
piles of recyclable materials that are in the process of being recycled,
no individual materials brought to the site are permitted to be permanently
left on site. All materials brought to the site shall be separated,
ground, pulverized, packaged, and/or handled in such a way as to accomplish
the recycling operation so that individual products are shipped off
site as part of a continuing operation. No process is permitted as
part of a recycling operation where the material is chemically altered,
including the burning or incineration of any materials.
h.
No materials shall be permitted to be stored outside of a building
if they are capable of eroding or causing a nuisance or a health or
safety hazard by reason of contaminating the soil, the air and/or
ground or surface water supply or quality; or creating litter, dust,
odors, or unhealthy or unsafe conditions; or collecting and retaining
water.
i.
Materials permitted to be brought on site and stored in outside storage
piles or storage bins shall be stored in piles no higher than 30 feet.
j.
Hours of Operation. Single stream recycling facilities shall operate
only between the hours of 7:00 a.m. and 8:00 p.m., Monday through
Friday, 7:00 a.m. through 3:30 p.m., Saturday local time, and shall
not operate on Sundays.
|
Use
|
Minimum Lot Requirements
|
Minimum Yard Requirements
|
Maximum Building Height
|
Maximum Floor Area Ratio (FAR)
| ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Lot Area
(square feet)
|
Width
(feet)
|
Depth
(feet)
|
Front
(feet)
|
Side
|
Rear
(feet)
|
Maximum Lot Coverage
(%)
|
Stories
|
Feet
| ||||
|
Each
(feet)
|
Both
(feet)
|
Lot
|
Bldg.
| |||||||||
|
Single Stream Recycl- ing Facility
|
3 acres
|
300
|
300
|
50
|
10
|
20
|
40
|
65
|
—
|
—
|
40
|
.20
|
21.
Convenience Stores with Gas. Convenience stores with gas are permitted
as a conditional use in the following zones: all nonresidential zones
provided the following standards are met, together with any applicable
requirements of this chapter, as follows:
[Added 10-1-2019 by Ord.
No. 2019-1452]
a.
The minimum site area shall be 1.5 acres.
b.
The minimum lot frontage shall be 200 feet. On corner lots, the street
frontage on the primary roadway shall be 200 feet, and on the secondary
roadway the street frontage shall be 150 feet.
c.
There shall be no repair, maintenance or washing of motor vehicles
conducted on the premises, except for customary services provided
while refueling motor vehicles, such as adding vehicle fluids and
washing windows, and except for self-service air pumps for tires and
self-service vacuums for motor vehicles.
d.
Any fuel pumps, canopy over the fuel pumps and shelter for pump attendants
shall be located at least 100 feet from any residential use located
in a residential zone district, and 50 feet from any property line.
e.
Must have frontage on an arterial or major collector street.
f.
Maximum canopy height of 18 feet to the peak of the canopy.
g.
Parking: one space for every 200 square feet of building footprint
plus one space for each employee at the maximum shift.
h.
No direct glare from the lights shall fall upon adjoining streets
or properties.
i.
The sale, rental or lease of new or used vehicles is prohibited.
j.
A four-season buffer, 25 feet wide, shall be provided on any lot
line adjacent to a residential use or zone. A ten-foot buffer shall
be provided to any nonresidential use.
k.
All fuel, oil or similar volatile substances shall be stored as per
National Fire Prevention Association Standards.
l.
All unpaved areas of the site shall be graded and planted with grass,
shrubs, trees or other suitable landscaping material.
m.
There shall be no drive-through facilities associated with the convenience
store.
n.
Outdoor solid waste disposal containers and dumpsters shall be contained
within masonry structures with the same fascia material as the convenience
store or gas station building.
o.
A traffic study by a licensed professional engineer in the State
of New Jersey shall be provided; either completed during peak time
and season or adjusted for such. The study shall include delivery
and fuel truck maneuvers as well as on-site ingress and egress routes.
p.
The proposed convenience store with gas is located at least 2,500
feet in any direction from any other existing convenience store with
gas or existing gas station that maintains a convenience store, only
if the existing convenience store is 2,000 square feet or greater.
q.
If a car wash is proposed, the subject property should be two acres
in size.
r.
Convenience stores shall be permitted provided that:
22.
Cannabis
Facilities. Cannabis Class uses (other than Alternative treatment
centers) shall be permitted as a conditional use if in compliance
with the following conditions:
[Added 12-7-2021 by Ord. No. 2021-1480]
b.
Location.
The permitted location of such uses shall be in accordance with the
current New Jersey State requirements in addition to the following:
(1)
Classes 1, 2, 3, 4, and 5 shall be located in the MFG Manufacturing
Zone, the MFG2 Manufacturing Zone or IOP Industrial Office Park Zone,
and only in locations to the south of Pinebrook Road.
(2)
Class 5 licensees shall not be located less than 1,000 feet from
the property line of any property used for school purposes.
[Amended 9-20-2022 by Ord. No. 2022-1493]
(3)
Class 6 Delivery Service shall be prohibited in any location or zoning
district within Tinton Falls.
c.
Permitted
Classes of Licenses (as defined by the State of New Jersey). The following
classes or combination of are permitted pursuant to the conditional
use limitations enumerated above:
d.
Quantity.
There shall be no more than two of each Class 1 Cannabis Cultivator
facilities, Class 2 Cannabis Manufacturer facilities, Class 3 Cannabis
Wholesaler facilities, Class 4 Cannabis Distributor facilities and
Class 5 Cannabis Retail facilities.
e.
Cannabis
Consumption Areas. Cannabis consumption areas are prohibited.
f.
Bulk Requirements. All bulk requirements shall be in accordance with § 40-28E, Schedule B.
Editor's Note: Schedule B is included as an attachment to this chapter.
A.
Purpose. The purpose of this section is to provide sound land use
policies, procedures and regulations for the location and placement
of wireless communication towers and antennas in order to protect
the community from visual and other adverse impacts. This section
is intended to meet the mandate of the Communication Act of 1996.
B.
Objectives. The objectives of this section are to:
1.
Protect residential areas and land uses from the potential adverse
quality of life impacts of wireless communication towers and antennas;
2.
Encourage the location of wireless communication towers on municipal
property or in nonresidential areas and along major transportation
corridors;
3.
Minimize the total number of wireless communication towers throughout
the community;
4.
Encourage the co-location of new antennas on existing wireless communication
towers instead of construction of additional single-user towers;
5.
Encourage the location of wireless communication towers and antennas
in areas where the adverse quality of life impact is minimized;
6.
Encourage the location of wireless communication towers and antennas
in a way that minimizes their adverse visual impact through careful
design, siting, landscaping, screening, and innovative camouflaging;
7.
Enhance the ability of the providers of wireless communication to
provide such services to the community effectively, and efficiently;
C.
Use Requirements.
1.
Wireless communication equipment shall be a permitted principal or
second principal (on a permitted accessory) use on a publicly owned,
leased or otherwise controlled properties that can provide a 500-foot
buffer between the wireless communication equipment and any adjacent
or nearby residential property. Publicly owned lands include those
lands owned, leased or otherwise controlled by the municipality, board
of education, the county, the state, a public utility authority and
other such public authorities.
2.
Wireless communication antennas installed on or within existing structures
(and utilizing fully screened antennas installed on top of or exterior
to existing structures) shall be a (permitted accessory) conditional
use in the MFG and IOP Zones on properties which are developed for
industrial uses and subject to the conditional use standards of this
Chapter. Fully screened shall mean architectural treatment such as
parapets, screening panels, faux cornice lines, etc. to fully screen
the antennas.
3.
Wireless communication towers shall be a conditional use in the IOP
and MFG Zones subject to the conditional use standards of this Chapter.
4.
The use of lattice or guyed towers for wireless communication towers
shall be prohibited. Towers shall be of monopole design. Lattice towers
shall be permitted only at the request of the Borough of Tinton Falls
Police Department, Fire Department or Emergency Medical Service for
the provision of additional communications equipment.
5.
No more than one wireless communication tower shall be located on
any one property, regardless of zone or ownership.
D.
Bulk Standards. Wireless communication equipment shall meet the following
bulk standards:
1.
Minimum lot size - two acres or the zone requirement, whichever is
greater.
3.
Maximum height of tower — 150 feet.
4.
Maximum height of attached antenna on an existing structure —
10 feet above the roof of the building or structure to which attached.
5.
A wireless communication tower and equipment compound(s) shall be
designed and constructed so as to accommodate the equipment of at
least four wireless communication service providers, where feasible.
6.
One improved parking space shall be provided for maintenance vehicles.
Said parking space shall be developed per Borough design standards.
7.
Driveway access to the wireless communication equipment shall be
provided. Said driveway access shall be developer per Borough design
standards. Due to the limited number and nature of site visits for
this use, the driveway width may be reduced to one-and-two family
standards and the driveway surface may be gravel, at approving boards'
discretion.
8.
One wireless communication compound consisting of not more than 3,600
square feet may be erected in support of the enclosed wireless communication
tower and co-location of additional carriers, provided that:
a.
The wireless communication compound shall be enclosed within a solid
wood or composite wood product fence at least seven feet and no more
than eight feet high, which shall include a locking security gate.
b.
The wireless communication compound shall be 500 feet from any residential
zone line or residential property.
c.
The maximum height of any structure within a wireless communication
equipment compound, with the exception of the tower, shall be 12 feet.
d.
(1)
The wireless communication compound shall be situated behind
existing vegetation, tree cover, structures, buildings, or terrain
features which will adequately shield the wireless communication(s)
equipment compound from public view; or
(2)
When a location completely out of public view is not possible,
a landscape buffer of 20 feet in width shall be provided outside the
equipment compound fence to adequately shield the compound from public
view. Landscaping shall include native evergreen and deciduous trees
at least eight feet in height at the time of planting, and the number
of trees shall be based on the equivalent of staggered double rows
at 15 feet on center.
e.
In the case of installation of a wireless communication compound
in an existing structure, the equipment cabinets shall be installed
within or fully screened on top of the existing building when practical
and shall not be permitted in an exterior compound. Any exterior equipment
shall be located within an accessory structure subject to the accessory
structure provisions of this Chapter.
E.
Conditional Use Standards; Locations. An applicant desiring to construct
wireless communication tower or antennas as a conditional use where
permitted must satisfy the following additional standards:
1.
Complete compliance with all zone and wireless communication (equipment)
bulk standards. Any request for bulk variance relief for the development
of wireless communication towers or antennas constitutes noncompliance
with conditional use standards.
F.
Visual Compatibility Requirements.
1.
Wireless communication antennas on existing structures or buildings
and wireless communication tower shall be designed, located and screened
so as to blend with and into the existing natural or built surroundings
so as to eliminate, to the maximum extent practicable, adverse visual
impacts through the use of color and camouflaging, architectural treatment,
landscaping, and other means.
a.
Permitted tower designs include flag poles with internal mount antennas,
monopoles with internal mount antennas color matched to surroundings,
flush mounted antennas color matched to surroundings, cluster mounted
antennas on armatures of less than eight feet color matched to surroundings,
artificial trees, church steeples and clock towers with internal antennae
mounts and other similar constructions.
b.
Permitted antenna designs on existing structures include flush mounted,
pole mounted or sled mounted antennas that are fully screened by architectural
treatments, such as parapets, screening panels, faux cornice lines,
etc.
G.
Site Plan Application Requirements; Installation.
1.
All site plan details required by this Chapter.
2.
A report from a qualified expert certifying that the wireless communication
tower comply with the latest structural and wind loading requirements
as set forth in the International Building Code and the Electronic
Industries Association (EIA) and for the Communication Industry Association
(TIA), as it may include a description of the number and type of antennas
it is designed to accommodate.
3.
A binding, irrevocable commitment by the applicant for itself and
its successors and assigns in interest to lease additional space on
the monopole to any other potential user at reasonable rates and conditions.
The applicant's counsel shall simultaneously submit a written opinion
that the applicant's commitment is enforceable by the Borough. The
commitment shall be recorded prior to issuance of a building permit.
4.
A copy of the lease or deed for the property.
5.
A wireless communication report detailing:
6.
The need for wireless communication antennas at the specific location
within the Borough.
7.
All existing and proposed wireless communication antennas or tower
in the Borough, any such antennas or tower in the abutting towns within
two miles of the proposed location that provide service to areas within
the Borough, and any changes known to the applicant to be proposed
within the following twelve-month period, including the discontinuance
or relocation of existing antennas or tower.
8.
Evidence of all alternate designs that would not require the applicant
to construct wireless communication antennas or tower at the proposed
location.
9.
Evidence that the applicant has exercised its best efforts to locate
its wireless communication antennas on existing towers, buildings
or structures within the applicant's search area. Such evidence should
consist of:
a.
There is no existing tower, building or structure within the applicant's
search area.
b.
Existing towers, buildings and structures are not of sufficient height
and cannot be made to be of sufficient height to meet the applicant's
engineering requirements, or do not have sufficient structural strength
to support the applicants proposed antennas and related equipment.
c.
The applicant's proposed antennas would cause interference with an
antenna on the existing tower, building or structure, or an antenna
on the existing tower, building or structure would not cause interference
with the applicant's proposed antennas.
d.
There are other limiting factors that render existing towers, buildings
and structures unsuitable.
e.
If a suitable location on an existing tower, building or other structure
is found, but the applicant is unable to secure an agreement to locate
its equipment on such tower, building or structure, the applicant
shall provide written evidence of its attempt or attempts to so locate.
10.
A visual impact analysis of the proposed tower or antennas.
H.
Additional Standards.
1.
No signs shall be permitted except for emergency contact information,
safety warnings, and safety instructions.
2.
No lighting is permitted except for tower lighting as required by
Federal or State regulations or lighting that is interior to the communication
equipment compound mounted at a height beneath the top of the compound
fence.
3.
Wireless communication antennas and towers shall be maintained to
assure their continued structural integrity.
4.
All wireless communication towers shall be designed with anti-climbing
devices in order to prevent unauthorized access. Additional safety
devices shall be permitted or required, as needed for safety.
5.
Wireless communication compound and equipment shall be operated so
as not to produce noise in excess of the limits set by Federal regulation,
State regulation, or Borough ordinance.
6.
Every modification to a wireless communications tower or antennas
shall be subject to site plan review and approval. A modification
is an increase in the number or size of wireless communication antennas
or an alteration in the placement of wireless communication antennas
in such a manner as to increase their visibility in any way.
7.
Operators of wireless communication tower or antennas shall notify
the Borough when the use of such tower or antennas and equipment is
discontinued. Towers or antennas that are not in use for wireless
communication purposes for six months shall be removed by the provider
at its cost. This removal shall occur within 90 days of the end of
such six-month period. Upon removal, the site shall be cleared, restored,
and re-vegetated to blend with the existing surrounding vegetation
at the time of abandonment.
[Added 4-19-2022 by Ord. No. 2022-1486]
A.
Definitions.
1.
All definitions of words, terms and phrases that are set forth in
the Communications Act of 1934, P.L. 73-416, as amended by various
statutory enactments including, but not limited to, the Telecommunications
Act of 1996 P.L. 104-104, are incorporated herein and are made apart
hereof.
2.
All definitions of words, terms and phrases that are set forth in
the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et. seq.,
are incorporated herein and are made apart hereof.
3.
All of the definitions of words, terms and phrases that are set forth
in the Code of Federal Regulations at 47 C.F.R. § 1.6002,
as amended, are incorporated herein and are made a part hereof.
4.
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
RIGHT-OF-WAY PERMIT
SMALL WIRELESS FACILITIES INFRASTRUCTURE
SMALL WIRELESS FACILITY
SMART POLE
UTILITY POLE
WIRELESS COMMUNICATIONS INFRASTRUCTURE
In addition to the foregoing, the following words, terms and phrases
shall have the meanings indicated unless an alternate meaning clearly
is discernable from the context in which the word, term or phrase
is used:
"Personal Wireless Services," as defined in 47 U.S.C. § 332(c)(7)(C),
as supplemented and/or as amended.
The surface, the airspace above the surface and the area
below the surface of any street, road, highway, lane, alley, boulevard
or drive, including the sidewalk, shoulder and area for utilities
owned by the Borough of Tinton Falls or County of Monmouth.
An approval from the Borough setting forth the applicant's
compliance with the requirements of this subsection.
A Smart Pole meeting the above definition or other collocatable
infrastructure designed or deployed for the purpose of supporting
small wireless facility, the types of which may be approved by geographical
zones as defined by Borough of Tinton Falls.
"Small Wireless Facility," as defined in the Code of Federal
Regulations at 47 C.F.R § 1.6002(1), as supplemented and/or
as amended per this subsection. Small wireless facility means a wireless
facility that meets both of the following qualifications: (i) each
antenna is located inside an enclosure of no more than three cubic
feet in volume or, in the case of an antenna that has exposed elements,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than three cubic feet; and (ii) all other wireless
equipment attached directly to a utility pole associated with the
facility is cumulatively no more than 16 cubic feet in volume. The
following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical
cable runs for the connection of power and other services.
A decorative utility pole that conceals Small Wireless Facility
installation(s) and may include other features such as street lighting,
911 call service access, public access Wi-Fi and surveillance cameras.
A Smart Pole must allow for multiple occupants and allow space for
municipal use for other services and/or equipment. Smart Poles shall
neither have external latches, external hinges, external cabling,
or other attachments. The pole should be made of an inherently rust-resistant
material (e.g., aluminum alloys or stainless steel).
A wooden or metal pole that is used by public utilities to
support electrical wires, telephone wires, coaxial cables, fiber optic
cables and like and similar appurtenances.
Infrastructure designed specifically for the purpose of supporting
wireless facility equipment deployments, including large-scale (macro)
collocatable infrastructure as well as Small Wireless Facilities Infrastructure.
5.
In the event that a term, word or phrase is not defined in any of
the aforementioned statutes and is not otherwise defined herein, then
that term, word or phrase shall have its common, ordinary meaning.
B.
Small Wireless Facility Right-of-Way Permit Required; Consent to
Use Rights-of-Way Required.
1.
No person shall place a Small Wireless Facility in any right-of-way
without first filing a Small Wireless Facility Right-of-Way permit
application, in the form specified herein and in accordance with the
procedures specified herein, with the Borough of Tinton Falls Zoning
Officer and obtaining a Right-of-Way permit therefore, except as otherwise
may be provided in this subsection. Upon approval of a Right-of-Way
permit application, the Right-of-Way permit authorizing placement
of a Small Wireless Facility in a public right-of-way shall not be
issued by the Borough of Tinton Falls Zoning Officer to any applicant
unless:
a.
All Right-of-Way permit application fees and escrow fees, as
established herein, have been paid; and
b.
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the applicant's Right-of-Way permit application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119, et. seq., and the administrative regulations adopted thereunder, Section 15-1 Excavation of Streets, Curbs and Sidewalks, of the Code of the Borough of Tinton Falls of Borough of Tinton Falls, and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the applicant and the applicant has supplied copies of such other permits or approvals to the Borough of Tinton Falls Zoning Officer for inclusion with the applicant's application documents; and
c.
The applicant has entered into a "Right-of-Way Use Agreement"
with the Borough, in the approved form that is on file with the Borough
Clerk. The approved form of "Right-of-Way Use Agreement" may from
time-to-time be revised, supplemented or otherwise amended or replaced.
The Borough of Tinton Falls Clerk shall maintain on file the currently
approved Right-of-Way Use Agreement version and shall provide a copy
to all Right-of-Way permit applicants. Minor deviations to the terms
and conditions that are set forth in the approved form of Right-of-Way
Use Agreement may be approved by Borough of Tinton Falls Council at
the time that it grants consent to use a right-of-way to a Right-of-Way
permit applicant.
2.
No approval of a Small Wireless Facility shall be permitted within
500 feet of another Small Wireless Facility unless it can be established
by clear and convincing evidence that compliance with these regulations
would effectively prohibit the applicant from providing service and
that co-location on an existing or previously approved Small Wireless
Facility is not feasible. Any claims of applicants of technical incompatibility
or inability to collocate need to be demonstrated scientifically by
the applicant how technical incompatibility exists, not disproven
by the Borough of Tinton Falls. Responsibility for judging proof of
said claims lies solely with the Borough of Tinton Falls and/or or
its chosen representative(s).
C.
Siting Standards for Poles, Antennas and Cabinets in the Right-of-Way.
1.
Pole Siting Standards.
a.
No pole shall be taller than 35 feet or 110% of the height of
the poles in the surrounding streetscape, whichever is less;
b.
No pole shall be closer than 18 inches from the curb or edge
of pavement;
c.
Poles shall be located on the same side of the street as existing
utility poles;
d.
Poles shall be located at least 300 linear feet from any other
existing or proposed poles;
e.
Poles shall be located at common side property lines of adjacent
lots to the greatest extent practicable;
f.
Poles shall not adversely impact the accessible route of a public
sidewalk;
g.
Poles shall not impact sight distances from public or private
streets, driveways or parking lots;
h.
Poles shall not be located in an area with underground utilities;
i.
Poles shall be finished, painted, or otherwise camouflaged,
in conformance with best available technology methods, so as to blend
in compatibly with its background and so as to minimize its visual
impact to surrounding properties.
2.
Ground Level Cabinet Siting Standards.
a.
Ground level cabinets are prohibited in the right-of-way on
any public property.
3.
Underground Cabinet Siting Standards.
a.
Underground cabinets are the preferred method of cabinet siting
in the Borough and are permitted within all zones;
b.
Underground cabinets shall not disturb any underground utilities;
c.
The applicant shall provide a certification from a New Jersey
licensed professional engineer attesting to the structural integrity
of any underground cabinet;
d.
Underground cabinets shall be a maximum of 15 square feet at
ground level.
4.
Pole Mounted Antenna and Pole Mounted Cabinet Siting Standards.
a.
Pole mounted antennae and cabinets are permitted on existing
poles in all zones;
b.
Antennas shall not exceed three cubic feet in volume;
c.
Cabinets shall not exceed 16 cubic feet in volume;
d.
Antennas and cabinets shall be finished, painted, or otherwise
camouflaged, in conformance with best available technology methods,
so as to blend in compatibly with its background and so as to minimize
its visual impact to surrounding properties;
e.
Antennas and cabinets shall not adversely impact the accessible
route of a public sidewalk;
f.
Antennas and cabinets shall not impact sight distances from
public or private streets, driveways or parking lots;
g.
The applicant shall provide a certification from a New Jersey
licensed professional engineer attesting the pole is structurally
suitable to carry the proposed antennae and cabinet loads.
D.
Right-of-Way Permit Application Process.
1.
Application Filing. An application for a Right-of-Way permit to place
one or more Small Wireless Facility within a right-of-way shall be
made on forms which shall be available from the office of the Borough
of Tinton Falls Zoning Officer. The application, along with the required
application fee and the required escrow fee, shall be filed with the
Borough of Tinton Falls Zoning Office. Immediately upon receipt of
an application, the Borough of Tinton Falls Zoning Officer shall provide
copies of the application and all supporting documents that were submitted
by the applicant with the application, to the Borough of Tinton Falls
Engineer, Clerk, Construction Official and Director of Law.
2.
Application Form. The Small Wireless Facility Right-of-Way permit
application shall be made by a provider of personal wireless services,
its duly authorized representative, as noted in a notarized statement
from the provider of personal wireless services, on whose behalf the
representative is acting, or an entity in the business of deploying
wireless communications facilities or infrastructure, and shall contain
the following:
a.
The applicant's name, address, telephone number and e-mail address;
b.
The names, addresses, telephone numbers, and e-mail addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application;
c.
A general description of the proposed Small Wireless Facility,
existing structure and new structure work to be performed. The scope
and detail of such description shall be appropriate to the nature
and character of the work to be performed, with particular emphasis
on those matters, including, but not limited to, subservice utilities
likely to be affected or impacted by the work proposed along with
a description of such other governmental permits or approvals as may
be required by applicable law with respect to the proposed installation(s)
and a description of such other permits or approvals for which the
applicant has applied;
d.
Verification via sworn statement from an appropriate professional
that the Small Wireless Facility shall comply with all applicable
federal, state and local laws, administrative regulations and codes;
with respect to radio frequency emissions, applicant must provide
a sworn statement from a qualified radio frequency engineer that the
application will comply with all applicable Federal, State, and Local
laws regarding radio frequency emissions.
e.
The applicant shall certify that they shall make available approved
facilities to all major wireless carriers in the marketplace. The
applicant shall further certify that they will encourage, manage and
coordinate the location and placement of any interested carrier's
equipment on their structure.
f.
Applications for the installation of poles shall require proof
of notification to all property owners within 200 feet of each proposed
Pole. Notifications shall include a plan and construction details
showing the proposed improvements and their location, a written description
of the improvements, and contact information for the applicant for
any questions.
3.
All applications must include a site plan prepared by a professional
engineer licensed in the State of New Jersey that includes the following:
a.
A current survey prepared by a professional surveyor licensed
in the State of New Jersey that demonstrates the proposed improvements
are located within a public right-of-way.
b.
Right-of-way and property lines in the vicinity of the improvements.
c.
The location and size of all proposed improvements.
d.
The location of all overhead and underground public utilities
and other facilities in the public right-of-way.
e.
The specific trees, structures, improvements, facilities and
obstructions, if any, that the applicant proposes to temporarily or
permanently remove, relocate, or alter.
f.
Construction details for all proposed poles, antennae, cells,
nodes, equipment cabinets, and other proposed improvements.
4.
Applications for new freestanding Small Wireless Facilities shall
provide evidence that the facility can accommodate colocation of additional
carriers. No telecommunications carrier or operator shall unreasonably
exclude a telecommunication competitor from using the same facility
or location.
5.
An applicant seeking to deploy a network of Small Wireless Facilities,
all of which are to be located in rights-of-way, may file a batched
application for up to 25 Small Wireless Facilities and receive a single
Right-of-Way permit for multiple Small Wireless Facilities. Any denial
of any individual Small Wireless Facilities within a batched application
will not impact the consideration of other sites within the same application.
6.
In the case of an application that seeks to construct, install, operate,
maintain, or otherwise locate any improvements on or within County
right-of-way, the applicant shall also provide notice to and obtain
a permit from the County authorizing the placement of such improvements
within such right-of-way.
E.
Procedure on Permit Application; No Exclusive Rights.
1.
The Borough of Tinton Falls shall review the application for a Small
Wireless Facility Right-of-Way permit in light of its conformity with
the provisions of this subsection, and shall approve or deny a Right-of-Way
permit on nondiscriminatory terms and conditions subject to the following
requirements:
2.
The Borough of Tinton Falls shall make its final decision to approve
or deny the application within the following time frames:
a.
Sixty days from the submission of a complete application to
install a Small Wireless Facility upon one or more existing structures.
b.
Ninety days from the submission of a complete application to
install a Small Wireless Facility upon one or more new structures.
c.
Ninety days from the submission of a complete batched application
to install Small Wireless Facilities upon both existing and new structures.
The time frames described above by which an application shall
be either approved or denied may be extended by mutual consent of
the applicant and Borough of Tinton Falls. Such consent shall be set
forth on a form for such purposes which shall be available from the
office of the Borough of Tinton Falls Zoning Officer. Such consent
on behalf of the Borough of Tinton Falls shall be exercised by the
Borough Administrator, Zoning Officer, or their chosen representative,
in his/her reasonable discretion.
3.
The Borough of Tinton Falls Zoning Officer shall notify the applicant
in writing of the final decision, and if the application is denied
specify the basis for denial; and cite such specific provisions from
federal, state, or local laws, administrative regulations or codes
as to why the application was denied.
4.
Notwithstanding an initial denial, the applicant may cure any deficiencies
identified by the Borough of Tinton Falls within 30 days of the denial
without paying an additional application fee, provided the Borough
of Tinton Falls Zoning Officer shall approve or deny the revised application
within 30 days of receipt of the amended application which shall be
limited to the deficiencies specified in the original notice of denial.
5.
A Right-of-Way permit from the Borough of Tinton Falls authorizes
an applicant to undertake only certain activities in accordance with
this subsection. No approval or consent granted, or Right-of-Way permit
issued, pursuant to this subsection shall confer any exclusive right,
privilege, license or franchise to occupy or use any public right-of-way
within the Borough of Tinton Falls for the delivery of telecommunications
services or for any other purpose.
6.
Nothing in this section affects an applicant's obligation to apply
for other permits that may be required under this code, such as street
opening permits or construction permits, for which the applicant has
not yet applied. No Small Wireless Facility Right-of-Way permit shall
be approved until the applicant has applied for all other permits
and approvals required by all other laws and regulations that are
applicable to the applicant's proposed Small Wireless Facility deployment.
F.
Duration. No Right-of-Way permit issued under this subsection shall
be valid for a period longer than 12 months unless construction has
actually begun and continuously and diligently is pursued to completion.
Upon written request from the applicant, the Mayor, upon consultation
with the Construction and Zoning Officials, may extend the Right-of-Way
permit for a period of up to 12 months so long as construction has
begun at the time that the applicant's request for an extension is
made.
G.
Routine Maintenance and Replacement. A Small Wireless Facility Right-of-Way
permit shall not be required for:
1.
Routine maintenance of a Small Wireless Facility.
2.
The replacement of a Small Wireless Facility with another Small Wireless
Facility that is the same or smaller in size, weight and height to
the Small Wireless Facility that is being replaced.
3.
Provided, however, that on a location where the Borough of Tinton
Falls and/or another provider has placed equipment or facilities,
any routine maintenance or replacement that is done shall not occur
until written authorization from the Borough of Tinton Falls and/or
the other provider, as the case may be, to proceed is provided to
the Borough of Tinton Falls, which authorization to proceed shall
not unreasonably be withheld by the Borough of Tinton Falls and/or
the other provider.
4.
Provided further that if the replacement of a Small Wireless Facility
with another Small Wireless Facility includes replacement of the structure
to which the Small Wireless Facility is attached, then an application
for a Right-of-Way permit shall be required.
5.
Notwithstanding anything to the contrary in this paragraph G, the
Police Department, Traffic Safety Division, shall be notified for
any activity that involves any road closure or other activity that
will impact vehicle or pedestrian traffic.
H.
Fees.
1.
Application Fees. All applications for approval and issuance of a
Small Wireless Facility Right-of-Way permit pursuant to this subsection
shall be accompanied by a fee as follows:
a.
For applications that do not include the installation of any
new structures within a right-of-way the application fee shall be
$500 for up to five Small Wireless Facilities with an additional $100
for each Small Wireless Facility beyond five.
b.
For applications that include the installation of a new structure
within a right-of-way the application fee shall be $1,000 for up to
five Small Wireless Facilities with an additional $100 for each Small
Wireless Facility beyond five.
I.
Escrow Fee for Third-Party Professionals and Consultants.
1.
In addition to the application fee, all applications for approval
and issuance of a Small Wireless Facility Right-of-Way permit shall
be accompanied by an escrow fee of $2,000.
2.
The escrow account deposits are required to pay for the costs of
professional services, including engineering, planning, legal and
other third-party professional consulting expenses connected with
the review of submitted materials, including any traffic engineering
review or other special analyses related to the Borough of Tinton
Falls' review of the materials submitted by the applicant and the
preparation of any reports or any necessary legal agreement regarding
rights-of-way use. An applicant is required to reimburse the Borough
of Tinton Falls for all fees, costs and expenses of third-party professionals
and consultants incurred and paid by the Borough of Tinton Falls for
the review process of a Small Wireless Facility Right-of-Way permit
application, such as, but not limited to:
a.
Professional fees for reviews by third-party professionals or
consultants of applications, plans and accompanying documents;
b.
Issuance of reports or analyses by third-party professionals
or consultants to the Borough of Tinton Falls setting forth recommendations
resulting from the review of any documents submitted by the applicant;
c.
Charges for any telephone conference(s) or meeting(s), including
travel expenses, requested or initiated by the applicant, the applicant's
attorney or any of the applicant's experts or representatives;
d.
Review of additional documents submitted by the applicant and
issuance of reports or analyses relating thereto;
e.
Review or preparation of right-of-way use agreements, easements,
deeds, right-of-way municipal consent ordinances or resolutions and
any and all other like or similar documents; and
f.
Preparation for and attendance at all meetings by third-party
professionals or consultants serving the Borough of Tinton Falls,
such as the Borough of Tinton Falls Attorney, Borough of Tinton Falls
Engineer and Borough of Tinton Falls Planner or other experts as required.
3.
The escrow account deposits shall be placed in a separate account
by the Borough of Tinton Falls' Chief Financial Officer at the request
of the Borough of Tinton Falls Clerk and an account shall be kept
of each applicant's deposit. Thereafter:
a.
All third-party professional or consultant fees, costs, expenses
and charges shall be paid from the escrow account and charged to the
applicant;
b.
Third-party professional or consultant fees shall not be disbursed
from escrow if they are for a service performed in the context of
an identical paid service between applicant and same third-party who
may otherwise be entitled to said fees.
c.
Upon either final denial of a Small Wireless Facility Right-of-Way
permit application or upon issuance of a Small Wireless Facility Right-of-Way
permit, any moneys not expended for third-party professional or consulting
services shall be returned to the applicant within 90 days upon written
request by the applicant and as authorized by the Borough of Tinton
Falls Council;
d.
If at any time during the application review process 75% of
the money originally posted shall have been expended, the applicant
shall be required to replenish the escrow deposit to 100% of the amount
originally deposited by the applicant;
e.
No Small Wireless Facility Right-of-Way permit application shall
be considered complete until such time as the required escrow fee
has been posted to guarantee payment of third-party professional or
consultant fees, costs, expenses and charges;
f.
All payments charged to the escrow deposit shall be pursuant
to vouchers from the third-party professionals or consultants stating
the hours spent, the hourly rate and the fees, costs, expenses and
charges incurred;
g.
Third-party professionals and consultants submitting charges
pursuant to this section shall be permitted to charge for such services
at the same rates as they would charge the Borough.
h.
The Borough of Tinton Falls shall render a written final accounting
to the applicant on the uses to which the escrow deposit was put.
The written final accounting shall include copies of all vouchers
that were submitted by third-party professionals and consultants and
paid by the Borough of Tinton Falls.
J.
Municipal Access to New Structures. An applicant whose Right-of-Way
permit includes the installation of any new Smart Pole structure of
any of the types that are defined in paragraph A, Definitions of this
subsection shall provide the Borough of Tinton Falls with access to
space within the Smart Pole structure for the purpose of deploying
Borough of Tinton Falls' own equipment including but not limited to,
public access Wi-Fi, 911 call service or security cameras. Notwithstanding
the foregoing, the Municipality use shall not interfere with Small
Wireless Facilities of any other users of that Smart Pole. Any Municipal
use pursuant to this subsection shall include a reimbursement to the
applicant, on an annual basis, of the costs, on a dollar-for-dollar
basis, of providing the Borough of Tinton Falls with such access.
Such costs shall be limited to the costs of providing electricity
to the components used by the Borough of Tinton Falls and the costs
of any repairs required to be made to the components used by the Borough
of Tinton Falls, unless the repair costs are necessitated by the acts
of the applicant or subsequent owner of the structure, without regard
to whether such acts are negligent or intentional.
K.
Notwithstanding any provision to the contrary, nothing in this subsection
should be interpreted to have the effect of prohibiting or effectively
prohibiting the deployment of broadband or other communications services.
[Ord. No. 11-1313 §§ 2
- 6]
A.
General Applicable Standards for Small Wind Energy Systems and Small
Solar Energy Systems.
(110% production).
1.
The primary purpose of a small wind or small solar energy system
will be to provide power for the principal use of the property whereon
said system is to be located and shall not be for the generation of
power for commercial purposes, although this provision shall not be
interpreted to prohibit the sale of excess power generated from a
small wind or small solar system to a supplier/provider. For the purposes
of this ordinance, the generation of power shall be limited to 110%
of the average annual energy consumed for the principal use of the
subject property.
2.
Small wind energy systems are permitted as a conditional use on the
same lot as the principal use. Small solar energy systems are permitted
as an accessory use on the same lot as the principal use. All small
wind or small solar energy systems require approval from the zoning
officer prior to installation. Applications for an energy system shall
include information demonstrating compliance with the provisions of
this section. In the event that the Zoning Officer does not believe
the provisions of this section will be satisfied an applicant may
request a variance.
3.
All applications for small wind or small solar energy systems are
to be submitted for site plan and/or variance/waiver review to the
Planning Board or the Zoning Board, as necessary, when a variance/waiver
is requested.
B.
Small Wind Energy Systems.
(110% production).
1.
Small wind energy systems are permitted as a conditional use in all
zones subject to the following requirements:
b.
Maximum height: System height shall not exceed 25 feet, measured
from the grade plane to the height of the blades at its highest point.
c.
Minimum setbacks: All wind energy systems shall be set back
from all property lines a distance equal to 100% of the system height
including the blades of the turbine at their highest point.
d.
Wind energy systems shall not be permitted in any front yard.
e.
No more than one wind energy system shall be permitted per property.
f.
Wind energy systems shall not be permitted as a rooftop installation.
g.
All moving parts of the wind energy system shall be a minimum
of 30 feet above ground level.
h.
Any tower shall be designed and installed so as to not provide
step bolts or a ladder readily accessible to the public for a minimum
height of eight feet above the ground.
i.
All guy wires or any part of the wind energy system shall be
located on the same lot as the wind energy system.
2.
Noise: All wind energy systems shall comply with the following requirements.
C.
Small Solar Energy Systems. (110% production) will be created and
shall state the following:
1.
Rooftop solar arrays for small solar energy systems are permitted
as an accessory use in all zones subject to the following requirements.
a.
Rooftop solar arrays shall not exceed a height of 12 inches
from the existing roof surface of a peaked roof and not exceed a height
of four feet from the existing roof surface of a flat roof.
[Amended 10-1-2019 by Ord. No. 2019-1452]
b.
In no event shall the placement of the solar energy system result
in a total height building plus panels and mounting equipment than
what is permitted in the zoning district which the subject energy
system is located.
2.
Ground-mounted solar arrays for small solar energy systems are permitted
as an accessory use in all zones subject to the following requirements:
a.
Maximum size: No more than 10% of a lot may be devoted to a
ground-mounted solar energy system, however, in no case shall a ground-mounted
solar energy system exceed 2,500 square feet.
b.
Ground-mounted solar energy systems shall not exceed a height
of 10 feet as measured from the grade plane to the highest point of
the mounting equipment and/or panel(s), whichever is higher.
c.
Minimum setback: All ground-mounted solar energy systems shall
have a distance of 20 feet from all property lines in residential
zoning districts or 50 feet from any property line in commercial zoning
districts.
d.
Ground-mounted solar energy systems shall not be permitted in
any front yard.
e.
Ground-mounted solar energy systems are permitted in the rear
yard.
f.
Ground-mounted solar energy systems are permitted in side yards,
if screened from the street and adjacent properties by evergreen landscaping
to create a continuous buffer.
g.
Ground arrays shall not contribute to impervious surface calculations,
unless installed above an impervious surface.
D.
Additional requirements shall be created and shall state the following:
1.
All small wind energy systems and small solar energy systems shall
comply with the following:
a.
Small wind and small energy systems shall not be used for displaying
any advertising except for reasonable identification of the manufacture
or operator of the system. In no case shall any identification be
visible from a property line.
b.
Small wind and small solar energy systems shall not significantly
impair a scenic vista or scenic corridor as identified in the Borough's
Master Plan or other published source.
c.
The natural grade of the lot shall not be changed to increase
the elevation of any wind turbine or solar array.
d.
Wires, cables and transmission lines running between the device
and any other structure shall be installed underground.
e.
All ground mounted electrical and control equipment shall be
secured to prevent unauthorized access.
f.
The design of small wind and small solar energy systems shall,
to the extent reasonably possible, use materials, colors, textures,
screening and landscaping that will blend the facility into the natural
setting and existing environment.
g.
The installation of a small wind and small solar energy systems
shall conform to the National Electric Code as adopted by the NJ Department
of Community Affairs.
h.
The installation of a small wind and small solar energy systems
is subject to all local electric company requirements for interconnections.
i.
The following requirements are applicable to small wind energy
systems:
(1)
Wind energy systems shall not be artificially lit, except to
the extent required by the FAA or other applicable authority.
(2)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent over-speeding and excessive pressure on
the tower structure.
(3)
The blades on the wind energy system shall be constructed of
a corrosive resistant material.
E.
Abandonment shall be created and shall state the following:
1.
Abandonment.
a.
In the case that any small wind or small solar energy system
as defined herein is out of service for a continuous twelve-month
period will be deemed to have been abandoned.
b.
The Zoning Officer may issue a "Notice of Abandonment" to the
owner. The notice shall be sent via regular and certified mail return
receipt requested to the owner of record.
c.
Any abandoned small wind or small solar energy system as defined
herein shall be removed at the owner's sole expense within six months
after the owner receives the "Notice of Abandonment" from the municipality.
If the system is not removed within six months of receipt of notice
from the Borough notifying the owner of such abandonment, the Borough
may remove the system as set forth below.
d.
When an owner of a small energy system as defined herein has
been notified to remove same and has not done so six months after
receiving said notice, then the Borough may remove such system and
place a lien upon the property for the cost of the removal. If removed
by the owner, a demolition permit shall be obtained and the facility
shall be removed. Upon removal, the site shall be cleaned, restored
and revegetated to blend with the existing surrounding vegetation
at the time of abandonment.
A.
Location of Parking and Loading Areas.
1.
Parking and loading spaces shall be located on the same lot as the
use being served, may abut the building being served rather than requiring
a setback from the building and shall be located to directly serve
the building for which the space is being provided. No off-street
parking or loading space shall have direct access from a street.
2.
No loading and parking spaces shall be located in any required buffer
area.
3.
Parking spaces located to serve residential uses shall be within
150 feet of the entrance of the building and within 400 feet of commercial/industrial
uses (parking garages are an exception).
4.
Other than driveways for detached single-family homes, uses having
parking lots for more than six vehicles or having at least one loading
space shall have all aisles and spaces set back at least 25 feet from
any lot line and street right-of-way.
5.
Drive-Up Window Services. Any use having drive-up window services
shall provide at least one by-pass lane and each window shall have
an access lane long enough to accommodate at least six vehicles in
addition to the vehicle at the window. These access lanes shall be
separate from all interior driveways and aisles serving other on-site
circulation and parking areas.
6.
No loading area shall be located in a front yard.
[Added 10-1-2019 by Ord.
No. 2019-1452]
7.
There shall be no loading in a yard abutting, or in, a public right-of-way.
[Added 10-1-2019 by Ord.
No. 2019-1452]
8.
No loading space shall be located within 40 feet of an intersection
of any two public rights-of-way. The off-street loading space(s) shall
be located on the property so as to permit any vehicle to be parked
in the loading space with no portion of the vehicle extending into
the public street.
[Added 10-1-2019 by Ord.
No. 2019-1452]
B.
Minimum Required Off-Street Parking Schedule for Nonresidential Uses.
The number of off-street parking spaces required for any nonresidential
use shall be determined by reference to Parking Schedule 1 below.
"GFA" shall mean "gross floor area."
1.
Unscheduled Uses. Off-street parking requirements for uses not listed
in Parking Schedule 1 shall be established by the Board, based upon
accepted industry standards.
2.
Combined Uses. In the case of a combination of uses, the off-street
parking requirement shall consist of the sum of the spaces required
for each individual use unless it can be demonstrated that staggered
hours would permit modification.
3.
Fractional Spaces. Whenever the application of Parking Schedule 1
standards results in the requirements of a major fraction of a space
in excess of one-half, a full space shall be required.
4.
Fleet Vehicles. Any nonresidential use with vehicles owned or leased
and rented to the public or operated by employees must provide additional
parking spaces on site above those required by the schedule below
in order to accommodate any and all vehicles within the fleet. This
shall include, but not be limited to: car rental, exterminators, cleaning
services, realtors, distributors, delivery services, printing houses,
etc.
|
Parking Schedule 1
[Amended 10-1-2019 by Ord. No. 2019-1452; 9-19-2023 by Ord. No. 2023-1507] | |
|---|---|
|
Parking Requirements for Nonresidential Uses
| |
|
Use
|
Minimum Number of Off-Street Parking Spaces
|
|
Automobile Car Wash
|
10 spaces/washing lane and 2 spaces/vacuum or similar machine
|
|
Automobile Fueling Stations
|
1 space/fueling pump
|
|
Any Associated Retail
|
4 spaces/1,000 square feet GFA
|
|
Automobile Oil Change and Lubrication Shop
|
8 spaces/service lane and 2 spaces/vacuum or similar machine
|
|
Automobile Repair Shop
|
4 spaces/service bay
|
|
Assisted Living Residence
|
0.5 space/unit
|
|
Banks and Fiduciary Institutions
|
1 space/250 square feet GFA
|
|
Bowling Alley
|
2 spaces/lane or alley
|
|
Car and Truck Dealers
|
1 space/300 square feet showroom area, sales area and office
area
|
|
Child Care Center
|
As specified in § 40-35A
|
|
Church
|
1 space/5 seats
|
|
Community Center
|
1 space/800 square feet GFA
|
|
Communication/Radio Tower
|
2 spaces minimum
|
|
Continuing Care Retirement Community
|
0.9 space per independent living unit to be distributed to meet
the particular needs of individual buildings on site
|
|
Contractors/Landscaping Yards
|
1 space/300 square feet display area, sales area and office
area
|
|
Delicatessens/Specialty Food
|
1 space/1,000 square feet GFA
|
|
Family Day Care Home
|
2 for the dwelling unit + 2 for clients
|
|
Farm Stand
|
3 spaces minimum
|
|
Fitness Centers, Weight Rooms, Gyms
|
1 space/200 square feet GFA
|
|
Flex Space Buildings
|
1 space/800 square feet GFA
|
|
Golf Course
| |
|
Full-size
|
3 spaces/green
|
|
Par-3
|
3 spaces/green
|
|
Miniature golf
|
2.2 spaces/hole
|
|
Pitch and putt
|
2.2 spaces/hole
|
|
Driving range
|
1.4 spaces/tee
|
|
Home Occupation
|
3 spaces minimum
|
|
Hospital
|
1.5 spaces/bed
|
|
Hotel
| |
|
Guest Room
|
1 space/guest room
|
|
Employee
|
1 space/employee on largest shift
|
|
Restaurant/Lounge/Banquet/Conference
|
1 space/3 seats in restaurant, lounge and conference/banquet
space
|
|
Library
|
1 space/300 square feet GFA
|
|
Light Industrial/Fabrication/Assembly
|
1 space/800 square feet GFA
|
|
Lumber and Contractor's Yard
|
1 space/5,000 square feet storage area and 1 space/250 square
feet retail GFA
|
|
Manufacturing
|
1 space/800 square feet GFA
|
|
Mortuary
|
10 spaces/viewing room and/or chapel
|
|
Office (Non-Medical)
|
1 space/250 square feet GFA
|
|
Office Park
|
1 space/300 square feet GFA
|
|
Office (Medical and Dental)
| |
|
Less than 5,500 square feet GFA
|
6 spaces/1,000 square feet GFA
|
|
5,500 square feet to 10,000 square feet GFA
|
5.5 spaces/1,000 square feet GFA
|
|
More than 10,000 square feet GFA
|
5 spaces/1,000 square feet GFA
|
|
Pharmacy
|
3 spaces/1,000 square feet GFA
|
|
Pro Shop
|
1 space/300 square feet GFA
|
|
Research/Testing/Experimentation
|
1 space/800 square feet GFA
|
|
Restaurant
| |
|
Sit-down
|
1 space/3 seats
|
|
Take-out
|
1 space/40 square feet GFA
|
|
Mixed
|
1 space/3 seats plus 1 space per 40 square feet of floor area
|
|
Retail Sales and Services
| |
|
Less than 400,000 square feet GFA
|
4.0 spaces/1,000 square feet GFA
|
|
400,001 to 600,000 square feet GFA
|
4.5 spaces/1,000 square feet GFA
|
|
600,001 + square feet GFA
|
5.0 spaces/1,000 square feet GFA
|
|
Retail Warehouse
|
5.5 spaces/1,000 square feet GFA
|
|
Schools
| |
|
Elementary (Pre-K through 8)
|
1.2 spaces/classroom; min. 1/staff
|
|
Middle (5-8)
|
1.2 spaces/classroom; min. 1/staff
|
|
High School (9-12)
|
2.0 spaces/classroom; min. 2/staff
|
|
Scrap Metal
|
1 space/employee
|
|
Shipping/Receiving
|
1 space/5,000 square feet GFA
|
|
Shopping Centers
|
Same as Retail Sales and Services
|
|
Swim Club
|
1 space/30 square feet water surface
|
|
Tavern
|
1 space/2.5 seats
|
|
Tennis Club
|
2 spaces/court
|
|
Theater
|
1 space/4 seats
|
|
Training and Instructional Classes, Dance and Rehearsal Studios
|
1 space/250 square feet GFA
|
|
Veterinary Clinic/Hospital
|
6 spaces/doctor
|
|
Warehousing
|
1 space/5,000 square feet GFA
|
|
Wireless Telecommunications Equipment
|
1 space minimum
|
C.
Minimum Required Off-Street Parking Schedule for Residential Uses.
All Residential Uses are Subject to RSIS Standards
The number of off-street parking spaces required for residential
uses shall be determined pursuant to N.J.A.C. 5:21, as amended.
1.
All detached single family homes shall be required to provide an
attached or detached garage for the storage of at least one automobile.
2.
A one car garage and driveway combination shall count as two off-street
parking spaces, provided the driveway measures a minimum of 18 feet
in length between the face of the garage door and the right-of-way.
A two car garage and driveway combination shall count as 3.5 off-street
parking spaces, provided a minimum parking area width of 20 feet is
provided for a minimum length of 18 feet as specified for a one-car
garage and driveway combination.
3.
When housing is included in mixed-use development, a shared parking
approach to the provision of parking may be permitted.
4.
For projects containing dwelling units required by the New Jersey
Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7),
to be accessible, parking spaces for people with disabilities shall
be provided in accordance with the requirements of the Barrier Free
Subcode and shall be considered part of the total number of required
spaces.
D.
Minimum Required Off-Street Loading Schedule for Nonresidential Uses.
The number of off-street loading spaces required for any nonresidential
use shall be determined by reference to Loading Schedule 2 below.
1.
Unscheduled Uses. Off-street loading requirements for uses not listed
in Loading Schedule II shall be established by the Board, based upon
accepted industry standards.
2.
Combined Uses. In the case of a combination of uses, the off-street
loading requirement shall consist of the sum of the loading spaces
required for each individual use unless it can be demonstrated that
staggered hours would permit modification.
3.
Fractional Spaces. Whenever the application of Loading Schedule II
standards results in the requirements of a major fraction of a space
in excess of 0.5, a full space shall be required.
|
Loading Schedule 2
| |||
|---|---|---|---|
|
Loading Requirements for Nonresidential Uses
| |||
|
Use
|
Minimum Number Loading Space
|
At which 1st Berth Required
|
Number Additional Square Feet for each Additional Berth
|
|
Automobile Car Wash
|
1
|
—
|
—
|
|
Automobile Fueling Stations
|
1
|
—
|
—
|
|
Any Associated Retail
|
1
|
—
|
—
|
|
Automobile Oil Change and Lubrication Shop
|
1
|
—
|
—
|
|
Automobile Repair Shop
|
1
|
—
|
—
|
|
Assisted Living Residence
|
0
|
—
|
—
|
|
Banks and Fiduciary Institutions
|
0
|
10,000
|
100,000
|
|
Bowling Alley
|
1
|
—
|
—
|
|
Car and Truck Dealers
|
1
|
10,000
|
40,000
|
|
Child Care Center
|
0
|
—
|
—
|
|
Church
|
0
|
—
|
—
|
|
Community Center
|
0
|
—
|
—
|
|
Communication Tower
|
0
|
—
|
—
|
|
Continuing Care Retirement Community
|
1
|
—
|
—
|
|
Contractors/Landscaping Yards
|
0
|
—
|
—
|
|
Delicatessens/Specialty Food
|
1
|
10,000
|
20,000
|
|
Family Day Care Home
|
0
|
—
|
—
|
|
Farm Stand
|
1
|
10,000
|
—
|
|
Fitness Centers
|
1
|
—
|
—
|
|
Flex Space Buildings
|
3
|
5,000
|
50,000
|
|
Golf
| |||
|
Full size
|
1
|
—
|
—
|
|
Par-3
|
0
|
—
|
—
|
|
Miniature golf
|
0
|
—
|
—
|
|
Pitch and putt
|
0
|
—
|
—
|
|
Driving range
|
0
|
—
|
—
|
|
Home Occupation
|
0
|
—
|
—
|
|
Hospital
|
1
|
10,000
|
100,000
|
|
Hotel
|
1
|
10,000
|
100,000
|
|
Library
|
0
|
10,000
|
100,000
|
|
Light Industrial/Fabrication/Assembly
|
1
|
5,000
|
40,000
|
|
Lumber and Contractor's Yard
|
1
|
10,000
|
30,000
|
|
Manufacturing
|
1
|
5,000
|
40,000
|
|
Mortuary
|
0
|
—
|
—
|
|
Office (Non-Medical)
|
1
|
10,000
|
100,000
|
|
Office Park
|
1
|
10,000
|
100,000
|
|
Office (Medical and Dental)
|
1
|
10,000
|
40,000
|
|
Pharmacy
|
1
|
10,000
|
—
|
|
Pro Shop
|
1
|
10,000
|
—
|
|
Research/Testing/Experimentation
|
1
|
5,000
|
40,000
|
|
Restaurant
|
1
|
10,000
|
25,000
|
|
Retail Sales
|
1
|
10,000
|
100,000
|
|
Retail/Warehouse
|
2
|
10,000
|
40,000
|
|
Schools
|
1
|
—
|
—
|
|
Scrap Metal
|
2
|
—
|
—
|
|
Shipping/Receiving
|
1
|
5,000
|
40,000
|
|
Shopping Centers
|
1
|
10,000
|
100,000
|
|
Swim Club
|
0
|
—
|
—
|
|
Tavern
|
1
|
10,000
|
25,000
|
|
Tennis Club
|
0
|
—
|
—
|
|
Theater
|
1
|
10,000
|
—
|
|
Training and Instructional Classes
|
0
|
—
|
—
|
|
Veterinary Hospital
|
1
|
—
|
—
|
|
Warehouse
|
1
|
5,000
|
40,000
|
|
Wireless Telecommunications Equipment
|
0
|
—
|
—
|
A.
Continuance of Existing Nonconforming Uses and Structures. Any nonconforming
use or structure which lawfully existed at the time of the passage
of this Chapter may be continued, and any existing legally nonconforming
building or structure may be reconstructed or structurally altered,
but only in accordance with the requirements of this Chapter.
B.
Alteration, Extension or Enlargement of Nonconforming Use or Structure.
1.
A nonconforming use of any building, structure or land shall not
be increased, enlarged, extended or changed in any manner whatsoever.
2.
No building in which a nonconforming use exists shall be enlarged,
extended or structurally altered in any manner; provided, however,
that:
a.
Nothing herein shall prevent the repair and maintenance of any building
wherein there exists a nonconforming use, provided that such maintenance
and repair does not in any way constitute or result in a further extension
of a nonconforming use.
b.
Minor alterations and improvements which do not constitute or require
structural changes may be made in or to a building wherein a nonconforming
use exists, provided that such nonconforming use will not be increased,
extended or enlarged thereby.
c.
Nothing herein shall prevent the strengthening or restoration to
a safe and lawful condition of any part of any building which is nonconforming.
3.
Structural alterations, internal rearrangements and renovations may
be made in a building or structure which is nonconforming because
it fails to comply with height, area, yard, off-street parking or
other like requirements of this Article, other than use, so long as
the structural alteration or increase, internal rearrangement or renovation
does not extend or enlarge the nonconformance of said building or
structure.
4.
A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use.
C.
Damage to Buildings or Structures. Any nonconforming use, building
or structure, other than a single-family detached dwelling on an undersized
lot, which shall be more than 50% damaged by reason of windstorm,
fire, explosion or other act of God or man shall be deemed completely
destroyed and the use, building or structure may not be reestablished,
rebuilt, restored or repaired except in conformity with this Chapter.
For single-family homes on undersized lots which shall be destroyed
as described above, said structures may be reconstructed, provided
that no aspect of the new or rebuilt structure increases any nonconformity
of the original structure or causes any new nonconformity with this
Chapter.
D.
Restoration of Nonconforming Structures. Restoration of existing
buildings or structures nonconforming for reasons other than use.
Whenever a building is nonconforming because it fails to comply with
any height, area, yard, off-street parking or requirements of this
Article, other than use, and such building is partially destroyed,
such building may be restored to its prior condition; provided, however,
that such restoration shall not enlarge the previously existing nonconformance.
E.
Nonconforming Improved Lot. When an improved lot in a residential
zone exists as a separate isolated lot under separate ownership and
does not adjoin any vacant land or vacant lot of the same owner, and
which said improved lot is nonconforming due to size, shape, area
or setback, any existing residential building or structure on the
lot may be further improved, provided that:
1.
The number of dwelling units shall not be increased even if such
increased number of dwelling units is allowed in the zone, unless
approved by the Board of Adjustment.
2.
Any existing nonconforming setbacks from streets, side lot lines
or rear lot lines shall not be made more nonconforming including any
vertical additions of any type.
3.
Any existing and proposed improvement on the nonconforming improved
lot shall not exceed the percentage of maximum building coverage set
forth in Schedule B.
Editor's Note: Schedule B is included as an attachment to this chapter.
4.
Any existing and proposed improvement on the nonconforming improved
lot shall conform to all other zone standards including off-street
parking.
F.
Subdivision of Nonconforming Lot Prohibited. No nonconforming lot
shall be made more nonconforming through subdivision, re-subdivision
or any such other action. Where two or more contiguous, nonconforming
lots are in common ownership, these lots shall be considered combined
for the purposes of meeting the requirements of this Chapter. Such
combined lots shall not be subdivided or resubdivided except in conformance
with this Chapter.
