[Ord. No. 97-01 § 19; Ord. No. 04-07; Ord. No.
2009-17;4-3-2018 by Ord. No. 01-2018]
For the purpose of this chapter, the Borough of Farmingdale
is divided into nine zones known as:
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R-6
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Single-Family Residential
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R-7.5
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Medium Density Single-Family Residential
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R-10
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Medium Density Single-Family Residential
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R-15
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Medium Density Single-Family Residential
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R-40
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Low Density Single-Family Residential
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VC
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Village Commercial
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GC
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General Commercial
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LI
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Light Industrial
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AH-1-Overlay
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Affordable Housing-1 Overlay
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MF
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Multi-Family Residential
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MF-AH-Overlay
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Multi-Family Affordable Housing Overlay
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The aforesaid zones are hereby established by the designations,
locations and boundaries thereof set forth and indicated on the official
zoning map to be located in the office of the Borough Clerk. A general
map prepared by James W. Higgins Associates dated February 4, 1997,
as amended, indicating such designations, locations and boundaries,
shall be attached to all copies of the Zoning Ordinance and shall
be incorporated herein at length.
a.
Zoning Map Amendments.[2]
1.
That the Official Zoning Map of the Borough of Farmingdale is hereby
amended in order to delete the following property from the "GC, General
Commercial" zoning district and to include said property in the "R-7.5,
Medium Density Single-Family Residential" zoning district:
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Block 17
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Lot 1
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2.
That the Official Zoning Map of the Borough of Farmingdale is hereby
amended in order to delete the following properties from the "R-10,
Medium Density Single-Family Residential" zoning district and to include
said properties in the "R-15, Medium Density Single-Family Residential"
zoning district:
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Block 9
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Lots 1, 2, 3, 4
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3.
That the Official Zoning Map of the Borough of Farmingdale is hereby
amended in order to delete the following properties from the "R-10,
Medium Density Single-Family Residential" zoning district and to include
said properties in the "R-40, Low Density Single-Family Residential"
zoning district:
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Block 6
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Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
18, 19, 20
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Block 7
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Lots 1, 3, 5, 7, 9
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Block 12
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Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21,
22, 23
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Block 14
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Lots 8, 9, 10, 11, 12, 13
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Block 15
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Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15.01, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29
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4.
That the Official Zoning Map of the Borough of Farmingdale is hereby
amended in order to delete the following properties from the "R-15,
Medium Density Single-Family Residential" zoning district and to include
said properties in the "R-40, Low Density Single-Family Residential"
zoning district:
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Block 4
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Lots 16, 17, 18, 19, 20, 21, 24
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Block 5
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Lots 2, 3, 4, 5, 6, 7, 8.01, 8.02, 9, 10, 11, 12, 13, 14, 15,
16, 17, 20, 22
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Block 8
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Lots 1, 6, 7, 8, 9, 10
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5.
That the Official Zoning Map of the Borough of Farmingdale is hereby
amended in order to delete the following property from the "VC" (Village
Commercial) zoning and to include said property in the "R-40, Medium
Density Single-Family Residential" zoning district:
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Block 4
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Lots 15, 23
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6.
An amendment to the Official Zoning Map of the Borough of Farmingdale
has been effectuated with the adoption of this Ordinance.
7.
Article IV, Zoning Provisions, Section 25-22, Official Zoning Map, is hereby amended for Block 16, Lot 1.04 from General Commercial GC to Affordable Housing AH-1 Overlay and delineated on the attached map entitled "Zoning Map Change — Block 16, Lot. 1.04" prepared by Thomas Planning Associates L.L.C. dated April 25, 2008. Following adoption by the Borough Council, Section 25-22 is hereby amended to add this Ordinance number and the date of adoption to the list of Zoning Map Amendments.
[1]
Editor's Note: Ordinance No. 05-01, portions of which are
codified herein, was adopted January 18, 2005.
[Ord. No. 97-01 § 20.1]
If, in accordance with the provisions of this chapter, and the
Revised Statutes of the State of New Jersey, changes are made in the
zone boundaries or other matters portrayed in the Official Zoning
Map by the Governing Body, such changes shall be made thereon promptly
by the Borough Clerk after such amendment has taken affect as provided
by law. For each such change in the map, note shall be made thereof
in the revision box, of the date of revision, zone affected by the
revision and of a brief identifying description of the revision. These
changes are to be endorsed upon the map on the effective date of the
amendment.
[Ord. No. 97-01 § 20.2]
Unauthorized and intentional changes of any kind on the map
or matter shown thereon shall be punishable by a fine not exceeding
$200 or 90 days in jail, or both.
[Ord. No. 97-01 §§ 21
- 21.5]
Whenever an uncertainty or ambiguity exists as to the true location
of any boundary line of any zone shown on the Map, the zone boundary
lines shall be decided by the Zoning Officer and may be appealed to
the Planning Board.
a.
Center Lines. Boundary lines indicated as following or approximately
following streets, highways or other public or private ways shall
be construed to follow the center lines thereof.
b.
Platted Lines. Boundaries indicated as following or approximately
following platted lot lines shall be construed as following such lot
lines as the same appear on the tax map of the Borough of Farmingdale.
c.
Municipal Lines. Boundaries indicated as following or approximately
following municipal lines shall be construed as following such municipal
lines.
d.
Waterway Lines. Boundaries indicated as following streams, rivers
or other bodies of water shall be construed as following the center
lines thereof.
e.
Parallels and Extensions. All distances between parallel or concentric
lines or extensions or prolongations of features indicated shall be
construed to be a right angles in the case of parallel lines or radial
in the case of concentric lines.
[Ord. No. 97-01 § 22.1]
Except as hereinafter provided, no building or structure or
part thereof, and no lot or land or part thereof, shall hereinafter
be used except in conformity with the regulations herein prescribed.
Any lawful use that does not conform to the use regulations of this
chapter shall be deemed a nonconforming use except that uses granted
as conditional uses by the appropriate Planning Board shall be deemed
to be conforming uses. Any enlargement of a conditional use shall
require reapplication to the same agency. Use variances granted by
the Board of Adjustment or granted on appeal by the Governing Body
or appropriate court shall be deemed legal nonconforming uses.
[Ord. No. 97-01 § 22.2]
Except as hereinafter provided, no building or structure or
part thereof shall hereinafter be erected, structurally altered, enlarged
or rebuilt except in conformity with the lot dimension, yard, coverage,
height and spacing regulations herein prescribed. Any building or
structure that does not conform to such regulations, hereinafter referred
to as the building regulations of this chapter, shall be deemed a
nonconforming structure, irrespective of the use to which it is put.
Building variances granted by the appropriate Planning Board shall
be deemed to be conforming structures or uses.
[Ord. No. 97-01 § 22.3]
Any legally established existing use of a building or structure,
lot or land, or part thereof, at the time of adoption of this chapter,
which use constitutes a nonconforming use under the provisions of
this chapter, may be continued.
[Ord. No. 97-01 § 22.4]
Unless the context indicates the contrary, the word "lot" shall
include the word "plot"; the word "structure" shall include the word
"building"; the word "may" is permissive; the word "shall" is mandatory.
The word "use" and the word "used" refer to any purpose for which
a lot or land or part thereof is arranged, intended, or designed to
be used, occupied, maintained, made available or offered for use,
or erected, reconstructed, altered, enlarged, moved, or rebuilt with
the intention or design of using the same.
[Ord. No. 97-01 § 22.5]
No yard, or part thereof, or any other open space, or off-street
parking or loading space required, about, or in connection with any
building for the purpose of complying with this chapter, shall be
included as part of a yard, open space, or off-street parking or loading
space similarly required for any other building on a separate lot.
[Ord. No. 97-01 § 22.6]
No yard, lot, open space, parking or loading area or other areas
required by this chapter that existed at the time of passage of this
chapter shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this chapter shall meet at least the minimum requirements established
by this chapter.
[Ord. No. 97-01 § 22.7]
Except as hereinafter specified in this chapter, yards required
by this chapter shall be entirely free of buildings or parts thereof.
[Ord. No. 97-01 § 22.8]
Corner lots shall provide the minimum front yard setback requirements
for the respective zone for all intersecting streets.
[Ord. No. 97-01 § 22.9]
Cornices and eaves, chimneys and bay windows shall not project
more than two feet over any required yard or court except that no
projection shall be closer than three feet to a lot line. Any projection
over two feet shall be considered part of the principal building and
shall conform to all setbacks.
[Ord. No. 97-01 § 22.10]
Sills, leaders and similar ornamental or structural features
shall not project more than six inches into any required yard or court.
[Ord. No. 97-01 § 22.11]
Porches and entries, uncovered or covered, shall be considered
as part of the principal building and shall not project into required
yard areas, unless otherwise permitted in this chapter.
[Ord. No. 97-01 § 22.12]
Through lots should be avoided, however, in the event one exists,
each frontage shall maintain the required lot width and front yard
setback of the Zone in which the lot is located.
[Ord. No. 97-01 § 22.13]
All front yards must face on a minimum 40 feet wide right-of-way
for the required frontage of the lot. No building or use will be permitted
on a lot unless that lot has the above required frontage on a minimum
40 feet right-of-way, and such frontage has been improved in accordance
with the minimum municipal standards for 1/2 the width of the right-of-way
or, at the discretion of the municipal engineer, such improvements
have been guaranteed by cash of bond.
[Ord. No. 97-01 § 22.14]
Where a building lot has frontage upon a street which on the
Master Plan or official map of the municipality is contemplated for
right-of-way widening, the required front yard setback and lot area
shall be calculated utilizing the proposed future right-of-way line.
[Ord. No. 97-01 § 22.15]
Where a lot is formed from part of another lot, such division
shall be effected in such a manner as not to impair any of the requirements
of this chapter with respect to any existing building or yards and
open spaces in connection therewith. No permit shall be issued for
the erection of a new building on a new lot thus created unless it
complies with all the provisions of this chapter.
[Ord. No. 97-01 § 22.16]
For the construction of any single-family residence, and for
all approved site plans or subdivisions, soil removal shall be permitted
only to the extent necessary to achieve the necessary finished grades
of the subject development, and only if an applicant has applied for
and received from the Borough Clerk a license or permit to remove
soil from the premises in accordance with any Soil Removal Ordinance
that may be in effect.
[Ord. No. 97-01 § 22.17]
No outside display of wares for sale, vending machines, or products
manufactured on the site shall be permitted in the front yard on any
lot, except as otherwise permitted by this chapter.
[Ord. No. 97-01 § 22.18]
Roof structures such as mechanical equipment, water towers,
etc. shall be screened from public view, or designed, in such a fashion
as to complement the architecture of the building.
[Ord. No. 97-01 § 22.19]
At the intersection of two or more streets, no wall, fence,
hedge, or other structure shall be erected to a height in excess of
2 1/2 feet above curb level, nor any other obstruction to vision
shall be permitted within the required sight triangle.
[Ord. No. 97-01 § 22.20]
All uses not specifically permitted in a zone are specifically
prohibited in that zone.
[Ord. No. 97-01 § 22.21]
Site Plan approval shall be required to construct or expand
off-street parking in all zones, except that no such permit shall
be required for a driveway of single-family, two-family, or three-family
residences.
[Ord. No. 97-01 § 22.22]
All trailers, storage trailers, trailer coaches, or automobile
trailers or any vehicle or structure designed and constructed in such
manner as will permit occupancy thereof as sleeping quarters for one
or more persons, or the conduct of any business or profession, occupation
or trade, and originally designed to be mounted on wheels or used
as a conveyance or propelled or drawn by its own or other motive power
and from which said wheels or other means of locomotion or transportation
have been removed, shall be prohibited in the municipality. The Municipal
Building Inspector shall not issue a building permit, certificate
of occupancy or other permits or certificates which will permit trailers,
trailer coaches, automobile trailers or other such vehicles to be
located within the territorial limitations of the municipality.
In Residential Zones, recreation vehicles, boat trailers, and
boats shall be permitted to be stored in any yard but shall not be
located any closer to a side or rear lot line than a permitted accessory
building of similar size and height. They shall not be permitted to
be stored in a front yard for periods exceeding 14 days in any six
calender month period. No boat or recreation vehicle shall be lived
in by any person at any time.
[Ord. No. 97-01 § 22.23]
All trailers whose prime purpose is to sell, store, maintain
and repair goods shall be prohibited in the municipality. The municipal
Construction Official shall not issue permits or certificates which
will allow trailers to be located within the territorial limitations
of the municipality, except that a permit may be issued for construction
office and storage trailers only for the period during construction.
[Ord. No. 97-01 § 22.24]
No vehicles or structures for temporary sales of any goods shall
be permitted on any lot unless a site plan has been approved by the
Planning Board.
[Ord. No. 97-01 § 22.25]
No dwelling or principal structure shall be erected on land
which is unsuitable for improvement because it is subject to flooding
or other hazards to life, health, or property, unless the owner agrees
to take approved adequate measures to eliminate such hazards. Such
approval must be obtained from the Planning Board. The Board shall
make or instigate adequate investigation by a recognized, trained
or licensed authority before granting approval and only after a public
hearing thereon. Expense incurred for such investigation must be paid
for by the applicant, and no certificate or permit shall be issued
until payment in full is received. The exception to the above would
apply to structures necessary for access and safety such as bridges,
culverts, or protective walls and fences or for accessory agricultural
structures, such as irrigation facilities, dependent upon access to
water.
[Ord. No. 97-01 § 22.26]
Any use not permitted in a zone but for which approval is given
by the Planning Board shall comply with the bulk standards of the
most restrictive zone in which the use is permitted, as determined
by the Zoning Officer. If the use is not permitted in any zone within
the Borough, the standards applying to the most restrictive zone within
which a similar use is permitted, as determined by the Zoning Officer,
shall apply. Where no such similar use exists, the standards of the
subject zone shall apply.
[Ord. No. 97-01 § 22.27]
Any multiple use of string of flags or pennants for display
or to attract attention shall not be permitted in any zone. Temporary
use of string of flags or pennants for grand openings only may be
permitted for a period not to exceed 30 days upon approval of the
Construction Official.
[Ord. No. 97-01 § 22.28]
No building or structure shall be erected within the designated
100-year flood plain as defined on the Borough Flood Insurance Rate
Map, prepared by the U.S. Department of Housing and Urban Development,
Federal Insurance Administration, dated October, 1977, as amended.
[Ord. No. 97-01 § 22.29]
The Planning Board may require the designation of any portion
of a site plan or subdivision as a conservation easement, pursuant
to N.J.S.A. 13:8B-1, et seq. In the event that a conservation easement
is required in connection with a development application, the developer
or owner shall be required to make reference to said easement and
the restriction relating thereto in any future conveyances involving
property which includes said easement.
No grading or removal of vegetation, with the exception of limited
thinning, shall be permitted in a conservation easement. Limited thinning
shall only be done with the approval and supervision of the Borough
Engineer or his authorized replacement.
Structures permitted to be constructed in a conservation easement
shall be limited to fencing and drainage structures, and shall only
be permitted by approval of the Planning Board. Fencing shall comply
with all applicable requirements of this chapter.
[Ord. No. 97-01 § 22.30]
Multiple principal buildings may be constructed on any lot in
any zone, except that only one principal building shall be permitted
on any single-family residential lot in any zone.
[Ord. No. 97-01 § 22.31]
Materials designated in the Borough of Farmingdale Recycling
Ordinance, as amended, shall be separated from other solid waste by
the generator and a storage area for recyclable material shall be
provided as follows:
a.
Each residential dwelling unit shall provide a storage area to accommodate
a one month accumulation of mandated recyclables.
b.
Every commercial and industrial development shall provide the Planning
Board for which approval of the development is sought, with estimates
of the quantity of mandated recyclable materials (newspaper, glass
bottles, aluminum cans, tin and bi-metal cans, high grade paper and
corrugated cardboard) that will be generated by the development during
each week. A separated storage area must by provided to accommodate
1.5 times the anticipated accumulation of recyclable material. The
Planning Board may require the location of one or more common storage
areas at convenient locations within the development. Any storage
area shall be designed for truck access for pick-up of materials and
shall be suitably screened from view if located outside the building.
c.
Each application for commercial and industrial development shall
include a narrative statement describing the materials to be recycled,
who will pick up the materials, the frequency of pick-ups, and any
anticipated volume of material to be accumulated between pick-ups.
The statement shall also include details as to how the volume of anticipated
material to be picked up was calculated.
d.
Residential units which existed, had obtained preliminary site plan
approval, or for which any building permit had been issued as of the
date of adoption of this chapter shall be exempt from the provisions
of this chapter and shall not be deemed to become a nonconforming
structure as of a result of the adoption of this chapter.
e.
Commercial or industrial structures or developments which have obtained
preliminary site plan approval, or for which a building permit has
been issued or which were in existence as of the date of adoption
of this chapter shall apply for approval from the Planning Board of
the Borough of Farmingdale. Review by the Borough of Farmingdale Planning
Board shall be limited to the recycling plans and the Board may waive
the requirements for notice and public hearing for those applications
for which the proposed alterations to the existing site plan otherwise
conform to the zoning regulations of the district in which the site
is located. Application shall be made as follows:
1.
Applicants shall submit a marked up copy of an approved site plan
if the property has previously received site plan approval or, if
not, a survey of the commercial/industrial property on which the recyclable
materials storage area is to be located.
2.
Applicants will submit a drawing/sketch plan of the storage area,
properly dimensioned, either on the survey or as a separate document,
which reflects the proposed storage area and distances to other structures
and property lines.
3.
Recyclable materials storage areas may be located no less than five
feet from the nearest property line, notwithstanding zone requirements
to the contrary.
4.
Where it deems appropriate the Planning Board, or a subcommittee
thereof, may refer the matter to the Borough Engineer for review prior
to determination by the Board.
f.
Existing commercial or industrial structures which have not obtained
an approved Recyclable Materials Storage Plan from the Borough of
Farmingdale Planning Board by no later than six months from the date
of adoption of this chapter, shall be deemed to be a nonconforming
structure as a result of the adoption of this chapter and shall be
deemed to be in violation of the Borough's Ordinances with regard
to recycling and litter control and shall be subject to the penalties
enumerated in the Revised General Ordinances of the Borough of Farmingdale,
as may be amended from time to time.
[Ord. No. 04-11]
For all uses, in all zones, except single- and two-family dwellings.
All garbage or trash and recycling materials awaiting collection shall
conform to the following:
a.
The trash and recycling area shall be in a rear yard.
b.
Trash and recyclable disposal collection areas shall be suitably
buffered and screened to minimize the impacts of noise, odors, disposal
and collection activities and views of collection bins and dumpsters.
Buffering and screening shall minimize such impacts both from within
the site itself, as well as from adjacent and nearby properties and
public rights-of-way. Buffering shall consist of a minimum of four
foot wide area surrounding all sides of such facility exposed to view.
If such facility is located on a site adjacent to a residential use
or zone, such buffering shall consist of a minimum ten-foot area surrounding
all sides of such facility exposed to view. Screening shall consist
of a minimum six foot high masonry wall, solid wooden fence or accessory
building with gates or doors and ramped access to facilitate the movement
of bins or dumpsters. The base of such screen shall be planted with
a minimum four-foot high evergreen hedge along the sides and rear
of same.
c.
Adequate pedestrian and service vehicle access shall be provided
to all storage facilities. Such vehicular access shall accommodate
the types of service vehicles used for the collection of solid waste
and designated recyclable materials.
d.
The size and capacity of all storage facilities shall be based on
the size and capacity of containers, bins and/or dumpsters utilized,
frequency of pickup and projected generation rates of users of the
site.
[Added 8-10-2021 by Ord. No. 03-2021]
a.
Purpose. The purpose of this section is to regulate the marketplace
class of licensed recreational cannabis businesses and to codify a
prohibition, pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), N.J.S.A. 24:6I-45b, on all six marketplace classes of cannabis
establishments, as defined in that statute and including cannabis
cultivator, cannabis manufacturer, cannabis wholesaler, cannabis retailer,
cannabis distributor, and cannabis delivery service, but not the delivery
of cannabis items and related supplies into Farmingdale Borough by
a delivery service located outside the geographic boundaries of Farmingdale
Borough, which delivery service shall have been duly licensed by the
municipality in which it operates.
b.
Definitions. As used in this chapter, all marketplace classes of
cannabis establishments, including a cannabis cultivator, a cannabis
manufacturer, a cannabis wholesaler, a cannabis retailer, a cannabis
distributor, and cannabis delivery service shall have the same meaning
as set forth in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33 et
seq.
c.
General prohibition. All six marketplace classes of cannabis establishments,
including cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
cannabis retailer, cannabis distributor, and cannabis delivery service,
as said terms are defined in Section 3 of P.L. 2021, c. 16, N.J.S.A.
24:6I-33, are hereby prohibited uses or activities within the Borough
of Farmingdale. This prohibition shall not apply to the delivery of
cannabis items and related supplies being delivered into Farmingdale
Borough by a cannabis delivery service located outside the geographic
boundaries of Farmingdale Borough, which delivery service shall have
been duly licensed by the municipality in which it operates.
[Ord. No. 97-01 § 23]
a.
Exterior alterations which substantially change the residential character
and nature of a building for the purpose of changing the use of the
building, such as from a residence to a professional office, shall
not be permitted in any Residential Zone unless otherwise specifically
permitted in this chapter.
b.
There shall be no more than one principal residential building erected
or established on any one lot in any Residential Zone, except, where
multi-family buildings are permitted, more than one building may be
erected in conformance with development standards of that Zone.
c.
If a conflict arises between the permitted number of units of residences
per acre and the development standards, the more restrictive standard
will take precedence. Development standards are lot size, setbacks,
and similar limiting provisions. This conflict may arise due to unsuitable
geology of land, unusual shape, or other factors which prevent the
full use of the land and still meet all development standards.
d.
Any individually registered commercial vehicle longer than 25 feet
in length or 10 feet in height measured from the highest point of
said vehicle excluding exhaust stacks and antennae, or any tractor
trailer or truck tractor, shall be prohibited from standing or parking
overnight on any property located in any Residential Zone.[2]
e.
Satellite antenna dishes used for the purpose of transmitting shall
be prohibited in any Residential Zone.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 97-01 § 23.1]
a.
Use and Occupancy Regulations. For the reasons stated in paragraph
b below, the use and occupancy of detached dwellings throughout all
Residential Districts shall be restricted to families only, as defined
in this subsection.
b.
Purpose. The preservation of "family style living" and the preservation
of the character of residential neighborhoods as such are legitimate
zoning goals. The Borough of Farmingdale is concerned with maintaining
the stability and permanence generally associated with single-family
occupancy throughout its residential neighborhoods. A municipality
may endeavor, by legitimate means, to secure and maintain the blessings
of quiet seclusion and to make available to its inhabitants the refreshment
of repose and the tranquility of solitude. The Borough of Farmingdale
possesses these goals and, by the regulation herein contained, implements
them in a manner which bears a reasonable relationship to the problem
sought to be ameliorated. That problem is the use and occupancy of
single-family dwellings interspersed among the residential neighborhoods
of the community, by groups of individuals whose living arrangements,
although temporarily in the same dwelling unit, are transient in nature
and do not possess the elements of stability and permanency which
have long been associated with single-family occupancy. Such living
arrangements are not compatible with the family-style living sought
to be preserved. Such occupancies are in the nature of rooming houses,
boarding homes, hotels, motels, and the like. Such uses do not meet
the definition of family as contained in this chapter and are prohibited
in detached dwellings in all Residential Zones. This subsection provides
zoning classifications which allow for ample multi-family uses, and
there are presently many such uses in existence through the Borough.
Ample housing exists within the Borough of Farmingdale for those who
choose to live under arrangements which do not meet the definition
of family as provided in this subsection.
[Ord. No. 97-01 § 24]
The purpose of the R-7.5 Residential Zone is to provide for
medium density residential use in areas where residential densities
are approximately six units per acre. The provisions and regulations
set forth herein encourage the future development and maintenance
of this area as a residential area for strictly residential purposes
by prohibiting commercial development or conversions to commercial
uses, industrial uses, or multi-family housing.
[Ord. No. 97-01 § 24.1; Ord. No. 01-10]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
b.
Accessory structures and uses including:
1.
Private garage.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
c.
Conditional Uses. The following uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter:
1.
Government buildings and services including volunteer fire companies
and first aid squads.
2.
Public utility installations.
3.
Churches, synagogues, parish houses, and similar religious uses.
4.
Quasi-public uses.
5.
Public and parochial schools.
6.
Home professional offices and home occupations.
7.
Family day care homes.
8.
Multi-family residential dwellings.
[Ord. No. 05-07 § 1]
A principal building located in the R-7.5 Zoning District, which
has received a Certificate of Occupancy or Temporary Certificate of
Occupancy prior to the effective date of this subsection[1] and was located in the "GC, General Commercial" Zoning
District prior to the effective date of this subsection, may be occupied
and used, without an appeal to the approving authority, for any of
the following principal purposes:
a.
Personal service establishments and offices, including:
1.
Beauty parlors and barber shops;
2.
Dance studios;
3.
Travel agencies;
4.
Real estate offices;
5.
Banks;
6.
Tailors;
7.
Dry cleaning, provided no bulk processing is done on premises;
8.
Self service laundry operations;
9.
Shoe repairing;
10.
Household appliance repair and sales;
11.
Gunsmithing;
12.
Watchmaking and repair;
13.
Funeral parlors;
14.
Similar personal service establishments.
b.
Medical and professional offices.
c.
Single-family, two-family and three-family residential dwellings
in accordance with the bulk requirements of the R-7.5 Zone.
|
Accessory buildings or structures and conditional uses shall
conform with the requirements of R-7.5 Zoning District.
|
[Ord. No. 97-01 § 24.2; Ord. No. 01-10]
The R-7.5 Residential Zone specified herewith shall be occupied
only as indicated below and in the Schedule[1] which is attached to this chapter:
a.
Principal Buildings.
1.
Minimum lot size:
|
Single-family residential
|
7,500 square feet
|
|
Two-family residential
|
10,000 square feet
|
|
Three-family residential
|
15,000 square feet
|
2.
Minimum lot width:
|
Single-family residential
|
60 feet
|
|
Two-family residential
|
75 feet
|
|
Three-family residential
|
100 feet
|
3.
Minimum lot depth - 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.)
- in line with existing setbacks of residences on the same block and
on the same side of the street - where no established setback exists
- 30 feet.
5.
Minimum side yard setback - eight feet.
6.
Minimum both side yard setbacks - 30% of lot width.
7.
Minimum rear yard setback - 30 feet.
8.
Minimum gross floor area.
|
Single-family dwellings:
| |
|
2-story dwellings:
| |
|
First floor minimum
|
700 square feet
|
|
Overall minimum
|
1,400 square feet
|
|
1 1/2 story dwellings:
| |
|
First floor minimum
|
850 square feet
|
|
Overall minimum
|
1,400 square feet
|
|
Single story dwellings
|
1,300 square feet
|
|
Two- and three-family dwellings:
|
800 square feet per unit
|
9.
Maximum lot coverage.
Building - 25% of lot area
Impervious - 55% of lot area
10.
Maximum building height - two stories above grade or 35 feet, whichever
is less.
b.
Accessory Buildings, Structures and Uses.
1.
Maximum of two accessory buildings may be permitted for tools and
equipment used for maintenance of the grounds and greenhouse hobby
use. The side and rear yard setback requirements for each building
shall be no less than five feet, provided it does not exceed 10 feet
in height or 150 square feet in area, and is not attached to or within
10 feet of the principal building.
2.
Accessory structures, other than buildings intended for use or occupancy
and located on or above ground, including swimming pools, tennis courts,
patios, and decks and open porches less than three feet in height,
must maintain the required front yard setback of the principal building
and a minimum 10 feet setback from side and rear property lines. All
other accessory structures must maintain the required front, side
and rear yard setbacks of the principal building. Fences are specifically
not covered by this restriction and are governed elsewhere in this
chapter.
3.
One accessory building may be permitted for a detached private garage.
The detached private garage, used primarily for the storage of no
more than two motor vehicles, shall be no less than five feet from
the side and rear yard lines and it shall not exceed the height of
the principal dwelling. A one car parking garage shall not exceed
14 feet by 28 feet, or 392 square feet and two car garages shall not
exceed 28 feet by 28 feet or 784 square feet. Attached garages must
conform to principal building setback requirements. Any private detached
garage or accessory building is specifically prohibited in a required
front yard area.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 97-01 § 24.3]
[Ord. No. 04-07]
The purpose of this section is to implement a settlement agreement
between Traditional Developers, LLC, and the Borough and its Planning
Board dated September 24, 2004.
[Ord. No. 04-07]
The following regulations shall apply in the R-6 Single-Family
Residential Zone District:
[Ord. No. 04-07]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for the following purposes:
b.
Accessory Uses and Structures.
1.
Buildings for tools and equipment used for maintenance of the grounds
and greenhouses for hobby use.
2.
Private swimming pools.
3.
Fences and hedges subject to the special conditions of this chapter.
4.
Decks and open porches.
5.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
[Ord. No. 04-07]
The R-6 Residential Zone shall be developed in accordance with
the following standards and requirements.
a.
Principal Buildings.
1.
Minimum lot area - 6,000 square feet.
2.
Minimum lot frontage - 45 feet.
3.
Minimum lot width - 50 feet.
4.
Minimum lot depth - 90 feet.
5.
Minimum side yard - six feet.
6.
Minimum front yard - 20 feet.
7.
Minimum rear yard - 20 feet.
8.
Minimum gross floor area:
First floor minimum - 900 square feet.
Overall minimum - 1,800 square feet.
9.
Maximum
lot coverage:
Building - 40%
Impervious - 75%
10.
Principal Building Height. Thirty-five feet, measured as the vertical
distance from the proposed floor elevation from the first story above
grade to the highest point of the roof provided that the following
exceptions shall apply (a) chimneys and vents shall not be included
in calculating building height; (b) for those residential lots not
abutting lots fronting on Walnut Street, a maximum of 15% of the roof
area may be up to 40 feet in height.
[Ord. No. 04-07]
a.
Open Space Design Requirements.
1.
For the purposes of this section, the term "open space" shall be
as defined in the Municipal Land Use Law (N.J.S.A. 40:55D-5).
2.
The minimum total area of open space in the development shall not
be less than 55% of the gross tract area, and may include wetlands,
stormwater management facilities and other environmentally sensitive
areas. The required open space and any additional wetlands and wetlands
transition areas that will remain on the site after its development
shall be dedicated to the Borough of Farmingdale.
b.
Circulation Design Requirements.
1.
Streets within the development shall be constructed in accordance
with the Residential Site Improvement Standards.
2.
Parking shall be provided in accordance with the Residential Site
Improvement Standards.
3.
Where a garage and driveway combination is proposed to satisfy the
off-street parking requirement for a dwelling, the conversion of the
garage to other uses is prohibited and such prohibition shall run
with the land as a restrictive deed covenant approved by the Borough.
c.
Requirement for Sewer and Water.
1.
Each dwelling unit shall be properly connected with an approved and
functioning public sanitary sewer system and community water system.
d.
Landscaping.
1.
Buffers. A landscaping plan shall be submitted which shall be satisfactory
to the approving Board and designed to provide a visual buffer of
the development from adjacent properties. In areas too narrow for
a vegetated buffer, fencing may be approved by the Board to be substituted
for landscaping or to be used in combination with landscaping.
e.
Architectural.
1.
Architectural elevation drawings and/or renderings of the proposed
development shall be submitted specifying the materials and colors
to be used. It is required that the developer use architectural forms
which are compatible with the older homes constructed in the Borough
of Farmingdale between 1840 and 1900, and that the architectural forms
include Victorian-type design ornaments such as roof brackets, unusual
door and window shapes and rich varied detailing of the building facades.
2.
Diversity of architectural design for the single-family detached
dwellings within the development shall meet the following minimum
requirements:
(a)
No construction permit shall be issued for any detached dwelling
unit if it is substantially similar in exterior design with any neighboring
dwelling unit situated on another lot on the same street, either on
the same side of the street or on the opposite side of the street,
unless the two lots are separated by a distance of at least 60 feet.
(b)
Detached dwelling units shall be considered "substantially similar
in exterior design" if they have any one of the following three architectural
characteristics:
(1)
The same basic dimensions used in floor plans are used without
significant differentiation to the exterior elevations;
(2)
The architectural design of the roofs are without significant
change in appearance; or
(3)
The architectural design of the windows, front entranceways
and garage doors are without significant change in appearance.
(c)
The requirement of this subsection shall not be considered satisfied
where minor changes or deviations to architectural plans and/or lot
location surveys are made for the primary purpose of circumventing
the requirements of this subsection.
(d)
The different designs proposed by the applicant shall be identified
by the applicant as to model and elevation and shall be reviewed and
approved by the Planning Board at the time of preliminary subdivision
approval.
(e)
In order to insure conformity with the requirements of this
subsection and the approval of the Board, at the time application
is made for each construction permit for each detached dwelling unit,
the developer shall provide a map of the approved final subdivision
to the Construction Official with a clear indication of the model
and elevation of each dwelling unit for which a construction permit
has been issued or is requested to be issued.
f.
Construction Trailers.
1.
Construction trailers shall be permitted on the site throughout its
development; an office trailer shall be permitted on the site through
the initial development phase, defined as the completion of all site
work and the construction of the first residential building on the
site.
g.
Retaining Walls.
1.
Retaining walls under three feet in height are permitted and are
not required to be shown on the plans approved by the Board, although
such walls are required to be shown, on the final as-built plans and
shall be approved by the Borough Engineer. Retaining walls three feet
in height or more are required to be shown on the site plan and approved
by the Board.
[Ord. No. 04-07]
In case of a conflict between the standards in this section
and those of any other section of this chapter or of any other ordinance
in the Borough of Farmingdale, the standards in this section shall
prevail. Any conflicting ordinance standards shall not apply to development
in the R-6 Single-Family Residential Zone District or shall be waived
wherever such standards would interfere with the provision of 21 market-priced
single-family dwelling units specified herein.
[Ord. No. 04-07]
The Zoning Map of the Borough of Farmingdale dated September
21, 2004 as amended, is further amended to show Block 16, Lots 1.02,
3.01 and 6, as being in the R-6 Single-Family Residential Zone District.
[Ord. No. 04-07]
This section shall take effect upon approval by the Superior
Court, trial division, of (a) the settlement agreement between Traditional
Developers, LLC, and the Borough and its Planning Board dated; and
(b) housing element and fair share plan adopted by the Planning Board
on August 23, 2004 and the Borough on August 17, 2004.
[Ord. No. 97-01 § 25]
The purpose of the R-10 Residential Zone is to provide for medium
density residential use in areas where residential densities are approximately
four units per acre. The provisions and regulations set forth herein
encourage the future development and maintenance of this area as a
residential area for strictly residential purposes by prohibiting
commercial development or conversions to commercial or multi-family
housing.
[Ord. No. 97-01 § 25.1; Ord. No. 01-10]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
b.
Accessory structures and uses including:
1.
Private garage.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
c.
Conditional Uses. The following uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter.
1.
Government buildings and services including volunteer fire companies
and first aid squads.
2.
Public utility installations.
3.
Churches, synagogues, parish houses, and similar religious uses.
4.
Quasi-public uses.
5.
Public and parochial schools.
6.
Home professional offices and home occupations.
7.
Family day care homes.
8.
Multi-family residential dwellings.
[Ord. No. 97-01 § 25.2; Ord. No. 01-10]
The R-10 Residential Zone specified herewith shall be occupied
only as indicated below and in the Schedule[1] which is attached to this chapter:
a.
Principal Buildings.
1.
Minimum lot size.
|
Single-family residential - 10,000 square feet
|
|
Two-family residential - 2,000 square feet
|
|
Three-family residential - 18,000 square feet
|
2.
Minimum lot width.
|
Single-family residential - 75 feet
|
|
Two-family residential - 100 feet
|
|
Three-family residential - 125 feet
|
3.
Minimum lot depth - 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.)
- in line with existing setbacks of residences on the same block and
on the same side of the street - where no established setback exists
- 30 feet
5.
Minimum side yard setback - 10 feet.
6.
Minimum both side yard setbacks - 30% of lot width.
7.
Minimum rear yard setback - 30 feet.
8.
Minimum gross floor area.
|
Single-family dwellings:
| |
|
2 story dwellings:
| |
|
First floor minimum
|
800 square feet
|
|
Overall minimum
|
1,500 square feet
|
|
1 1/2 story dwellings:
| |
|
First floor minimum
|
950 square feet
|
|
Overall minimum
|
1,450 square feet
|
|
Single story dwellings
|
1,400 square feet
|
|
Two- and three-family dwellings
|
950 square feet per unit
|
9.
Maximum lot coverage:
Building - 20% of lot area.
Impervious - 50% of lot area.
10.
Maximum building height - two stories above grade or 35 feet, whichever
is less.
b.
Accessory Buildings, Structures and Uses.
1.
Maximum of two accessory buildings may be permitted for tools and
equipment used for maintenance of the grounds and greenhouse hobby
use. The side and rear yard setback requirements for each building
shall be no less than five feet, provided it does not exceed 10 feet
in height or 150 square feet in area, and is not attached to or within
10 feet of the principal building.
2.
Accessory structures, other than buildings, intended for use or occupancy
and located on or above ground, including swimming pools, tennis courts,
patios, and decks and open porches less than three feet in height,
must maintain the required front yard setback of the principal building
and a minimum 10 feet setback from side and rear property lines. All
other accessory structures must maintain the required front, side
and rear yard setbacks of the principal building. Fences are specifically
not covered by this restriction and are governed elsewhere in this
chapter.
3.
One accessory building may be permitted for a detached private garage.
The detached private garage, used primarily for the storage of no
more than two motor vehicles, shall be no less than five feet from
the side and rear yard lines and it shall not exceed the height of
the principal dwelling. A one car parking garage shall not exceed
14 feet by 28 feet, or 392 square feet and two car garages shall not
exceed 28 feet by 28 feet or 784 square feet. Attached garages must
conform to principal building setback requirements. Any private detached
garage or accessory building is specifically prohibited in a required
front yard area.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 97-01 § 25.3]
[Ord. No. 97-01 § 26]
The purpose of the R-15 Residential Zone is to provide for medium
density residential use in areas where residential densities are approximately
three units per acre. The provisions and regulations set forth herein
encourage the future development and maintenance of this area as a
residential area for strictly residential purposes by prohibiting
commercial development or conversions to commercial or multi-family
housing.
[Ord. No. 97-01 § 26.1; Ord. No. 01-10]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
b.
Accessory structures and uses including:
1.
Private garage.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
c.
Conditional Uses. The following uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter.
1.
Government buildings and services including volunteer fire companies
and first aid squads.
2.
Public utility installations.
3.
Churches, synagogues, parish houses, and similar religious uses.
4.
Quasi-public uses.
5.
Public and parochial schools.
6.
Home professional offices and home occupations.
7.
Family day care homes.
[Ord. No. 97-01 § 26.2; Ord. No. 01-10]
The R-15 Residential Zone specified herewith shall be occupied
only as indicated below and in the Schedule[1] which is attached to this chapter:
a.
Principal Buildings.
1.
Minimum lot size - Single-family residential - 15,000 square feet.
2.
Minimum lot width - Single-family residential - 100 feet.
3.
Minimum lot depth - 150 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.)
- in line with existing setbacks of residences on the same block and
on the same side of the street - where no established setback exists
- 30 feet.
5.
Minimum side yard setback - 15 feet.
6.
Minimum both side yard setbacks - 40% of lot width.
7.
Minimum rear yard setback - 40 feet.
8.
Minimum gross floor area
|
Single-family dwellings:
| |
|
Two-story dwellings:
| |
|
First floor minimum
|
1,200 square feet
|
|
Overall minimum
|
2,000 square feet
|
|
1 1/2 story dwellings:
| |
|
First floor minimum
|
1,000 square feet
|
|
Overall minimum
|
1,700 square feet
|
|
Single story dwellings
|
1,500 square feet
|
9.
Maximum lot coverage.
Building - 20% of lot area.
Impervious - 45% of lot area.
10.
Maximum building height - two stories above grade or 35 feet, whichever
is less.
b.
Accessory Buildings, Structures and Uses.
1.
Maximum of two accessory buildings may be permitted for tools and
equipment used for maintenance of the grounds and greenhouse hobby
use. The side and rear yard setback requirements for each building
shall be no less than five feet, provided it does not exceed 10 feet
in height or 150 square feet in area, and is not attached to or within
10 feet of the principal building.
2.
Accessory structures, other than buildings, intended for use or occupancy
and located on or above ground, including swimming pools, tennis courts,
patios, and decks and open porches less than three feet in height,
must maintain the required front yard setback of the principal building
and a minimum 10 feet setback from side and rear property lines. All
other accessory structures must maintain the required front, side
and rear yard setbacks of the principal building. Fences are specifically
not covered by this restriction and are governed elsewhere in this
chapter.
3.
One accessory building may be permitted for a detached private garage.
The detached private garage, used primarily for the storage of no
more than two motor vehicles, shall be no less than five feet from
the side and rear yard lines and it shall not exceed the height of
the principal dwelling. A one car parking garage shall not exceed
14 feet by 28 feet, or 392 square feet and two car garages shall not
exceed 28 feet by 28 feet or 784 square feet. Attached garages must
conform to principal building setback requirements. Any private detached
garage or accessory building is specifically prohibited in a required
front yard area.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 97-01 § 26.3]
[Ord. No. 05-01 § 6]
a.
A single-family detached dwelling located in the R-15 or R-40 Zoning
District, which has received a Certificate of Occupancy or Temporary
Certificate of Occupancy prior to the effective date of this subsection,[1] may be enlarged without an appeal to the approving authority,
even though the dwelling may be on a nonconforming lot, provided that:
1.
The property was located in the R-10 Zoning District prior to the
effective date of this subsection; and
(a)
The proposed enlargement conforms with the use, area, and yard
requirements of the R-10 Zoning District; and
(b)
The proposed enlargement does not increase the nonconformity
of any dimensional setback violations existing prior to the effective
date of this subsection; and
(c)
The area of such enlargement when aggregated with the area of
the existing dwelling, does not exceed the maximum lot coverage standard
permitted in the R-10 Zoning.
2.
The property was located in the R-15 Zoning District prior to the
effective date of this subsection; and
(a)
The proposed enlargement conforms with the use, area and yard
requirements of the R-15 Zoning District; and
(b)
The proposed enlargement does not increase the nonconformity
of any dimensional setback violations existing prior to the effective
date of this subsection; and
(c)
The area of such enlargement, when aggregated with the area
of the existing dwelling, does not exceed the maximum lot coverage
standard permitted in the R-15 Zoning District.
b.
Accessory buildings or structures may be added to single-family detached
dwellings on nonconforming lots located in the R-15 or R-40 Zoning
District, without an appeal to the approving authority, provided,
that:
1.
The dwelling received a Certificate of Occupancy or Temporary Certificate
of Occupancy prior to the effective date of this subsection;
2.
The property was located in the R-10 or R-15 Zoning District prior
to the effective date of this subsection,
3.
If the property is located in the R-15 Zoning District, then:
(a)
The accessory building or structure, by itself, conforms with
all requirements of the R-10 Zoning District; and
(b)
The area of such accessory building or structures, when aggregated
with the area of the principal dwelling, does not exceed, the maximum
lot coverage standards permitted in the R-10 Zoning District; or
4.
If the property is located in the R-40 Zoning District, then:
(a)
The accessory building or structure, by itself, conforms with
all requirements of the Zoning District in which the property was
formerly located (i.e., the R-10 or R-15 Zoning District, as applicable);
and
(b)
The area of such accessory building or structure, when aggregated
with the area of the principal dwelling, does not exceed the maximum
lot coverage standards permitted in the Zoning District in which the
property was formerly located (i.e., the R-10 or R-15 Zoning District,
as applicable).
|
Notwithstanding the provisions set forth above, a lot located
in the R-15 or R-40 Zoning District may nevertheless be developed
in accordance with the lot area and dimensional requirements of the
zoning district in which it was formerly located (i.e., R-10 or R-15
Zoning District, as applicable), without an appeal to the approving
authority, provided that the lot had received final subdivision approval
from the local Planning Board and said final subdivision had been
perfected in accordance with law, prior to the effective date of this
subsection.
|
[Added 4-3-2018 by Ord. No. 01-2018]
The purpose of the MF-AH Multi-Family Affordable Housing Overlay Zone seeks to facilitate and encourage the creation of affordable housing within the Borough within a portion of the LI Zone. Nothing in this § 25-32 shall be construed to prohibit any use permitted by the underlying zone districts. The MF-AH Multi-Family Affordable Housing Overlay Zone (hereinafter, the "MF-AH Overlay Zone") will allow the existing uses to continue as well as the current zoning standards should the property owners seek to utilize such provisions. However, in order to develop non-age-restricted, market-rate residential development, affordable housing must be created.
b.
Accessory
Uses or Structures:
1.
Recreational
facilities/structures for permitted residential uses.
2.
Accessory
structures may be permitted for trash and recyclable materials and
constructed of materials similar to the facade of the building.
3.
Essential
utilities.
4.
Maintenance
or storage sheds constructed of materials similar to the facade of
the building.
The MF-AH Overlay Zone uses specified herewith shall be occupied only as indicated below and subject to affordable housing regulation requirements of Chapter 27.
a.
Principal
buildings for multifamily residential uses in accordance with § 25-32.1a.
1.
Minimum
lot size: 15 acres.
2.
Minimum
lot width: 400 feet.
3.
Minimum
lot depth: 1,000 feet.
4.
Minimum
front yard setback: 100 feet.
5.
Minimum
side yard setback: 50 feet.
6.
Minimum
rear yard setback: 50 feet.
9.
Gross
density of 10 dwelling units per acre.
10.
There
shall be no more than 16 units in one building or structure.
11.
No
single building or structure shall exceed 200 feet in length along
a linear plane.
12.
Maximum
building height of three stories and 45 feet, provided that no building
or portion of a building erected within 75 feet of a residential zone
shall exceed 2 1/2 stories and 35 feet in height.
b.
Accessory
structures.
1.
Other
than buildings intended for use or occupancy and located on or above
ground must maintain the required front, rear and side yard setbacks
from property lines.
2.
Accessory
structures may be permitted for trash and recyclable materials and
constructed of materials similar to the facade of the building.
3.
Essential
utilities.
4.
Maintenance
or storage sheds constructed of materials similar to the facade of
the building
a.
The overlay zone will require a twenty-percent affordable housing set aside for affordable sale units and a fifteen-percent affordable housing set aside for affordable rental units. Affordable housing shall be provided in accordance with the affordable housing regulation requirements of Chapter 27.
b.
All streets,
driveways and parking facilities shall be constructed in accordance
with the standards set forth in this chapter.
c.
Adequate
landscaping shall be provided with the site plan and a landscaping
plan shall be provided for each section and approved prior to construction.
d.
Not less
than 5% of the gross area of the tract shall be set aside and developed
for outdoor recreation which land shall be computed as part of the
open green area. This may include swimming pools and related facilities,
shuffleboard and horseshoe courts, tennis courts or other appropriate
community facilities.
e.
There
shall be provided a safe and convenient system of walks between all
sections accessible to all occupants.
f.
Artificial
lighting shall be provided along all walks and interior roads and
driveways and in all off-street parking areas sufficient for the safety
and convenience of the residents and shall be approved prior to construction.
g.
Not less
than 25% of the gross shall be devoted to open green area.
h.
All utility
services within the territorial area shall be underground in proper
conduits or ducts insofar as possible and shall, where, applicable,
be in accordance with the standards, terms, and conditions incorporated
as part of the utilities tariff as the same are then on file with
the New Jersey Board of Public Utilities; and shall, where applicable,
comply with the latest regulations, standards and specifications established
by any statute or ordinance of any state, local department or bureau
applicable thereto. Written evidence of compliance with the above
shall be submitted for each service utility.
i.
Homeowners'
association. The proposed homeowners' association bylaws shall be
submitted for review by the board in conjunction with the application
for development, including common courts, drainage, detention basins,
conservation areas, buffer areas, recreation areas, and other components
of the multifamily development.
[Ord. No. 97-01 § 27]
The purpose of the R-40 Residential Zone is to provide for Low
Density Residential Use in areas of environmentally sensitive land.
The provisions and regulations set forth herein encourage the future
development and maintenance of this area as a residential area for
strictly residential purposes by prohibiting commercial development
or conversions to commercial or multi-family housing.
[Ord. No. 97-01 § 27.1; Ord. No. 01-10]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Permitted Uses and Structures.
1.
Single family residential dwellings within a non-cluster or a cluster
development.
b.
Accessory structures and uses including:
1.
Private garage.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts.
4.
Signs, subject to the special conditions of this chapter.
5.
Fences and hedges subject to the special conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
c.
Conditional Uses. The following uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter.
1.
Government buildings and services, including volunteer fire companies
and first aid squads.
2.
Public utility installations.
3.
Churches, synagogues, parish houses, and similar religious uses.
4.
Quasi-public uses.
5.
Public and parochial schools.
6.
Home professional offices and home occupations.
7.
Family day care homes.
[Ord. No. 97-01 § 27.2; Ord. No. 01-10]
The R-40 Residential Zone specified herewith shall be occupied only as indicated below and in the Schedule which is attached to this chapter:[1]
a.
Single-Family (Non-Cluster).
1.
Principal buildings.
(a)
Minimum lot size - 40,000 square feet.
(b)
Minimum lot width - 150 feet.
(c)
Minimum lot depth - 150 feet.
(d)
Minimum front yard setback (measured from the future street
R.O.W.) - 50 feet.
(e)
Minimum side yard setback - 20 feet.
(f)
Minimum both side yard setbacks - 40 feet.
(g)
Minimum rear yard setback - 40 feet.
(h)
Minimum gross floor area:
|
2-story dwellings:
|
|
First floor minimum - 1,400 square feet
|
|
Overall minimum - 2,700 square feet
|
|
1 1/2 story dwellings:
|
|
First floor minimum - 1,600 square feet
|
|
Overall minimum - 2,500 square feet
|
|
Single story dwellings - 2,300 square feet
|
(i)
Maximum Lot Coverage.
|
Building - 20% of lot area
|
|
Impervious - 45% of lot area
|
(j)
Maximum building height - two stories above grade or 35 feet,
whichever is less.
2.
Accessory buildings, structures and uses.
(a)
Maximum of two accessory buildings may be permitted for tools
and equipment used for maintenance of the grounds and greenhouse hobby
use. The side and rear yard setback requirements for each building
shall be no less than five feet, provided it does not exceed 10 feet
in height or 150 square feet in area, and is not attached to or within
10 feet of the principal building.
(b)
Accessory structures, other than buildings, intended for use
or occupancy and located on or above ground, including swimming pools,
tennis courts, patios, and decks and open porches less than three
feet in height, must maintain the required front yard setback of the
principal building and a minimum 10 feet setback from side and rear
property lines. All other accessory structures must maintain the required
front, side and rear yard setbacks of the principal building. Fences
are specifically not covered by this restriction and are governed
elsewhere in this chapter.
(c)
One accessory building may be permitted for a detached private
garage. The detached private garage, used primarily for the storage
of no more than two motor vehicles, shall be no less than five feet
from the side and rear yard lines and it shall not exceed the height
of the principal dwelling. A one car parking garage shall not exceed
14 feet by 28 feet, or 392 square feet and two car garages shall not
exceed 28 feet by 28 feet or 784 square feet. Attached garages must
conform to principal building setback requirements. Any private detached
garage or accessory building is specifically prohibited in a required
front yard area.
b.
Single-Family (Cluster).
1.
General Requirements and Provisions for Cluster Residential Development.
The purpose of this paragraph is to provide a method of development
for residential land which will nevertheless preserve desirable open
spaces, including flood plain areas, recreation and park areas and
lands for other public purposes, by reducing the lot sizes without
increasing the number of lots permitted.
(a)
A cluster residential development for single-family dwelling
purposes shall occupy 20 acres or more and shall be a permitted use
at the discretion of the Planning Board in any single-family zone.
Where adjacent properties in a Residential Zone have already been
developed in accordance with the cluster area requirements for the
Residential Zone, the 20 acre minimum requirement shall be reduced
to 10 acres and five acre dedication may be reduced to three acres,
provided that the Planning Board determines that the additional cluster
use is not detrimental to the intent and purpose of this zone or the
surrounding existing residential uses.
A Single Cluster Residential Development may be permitted on
a single tract which is located in more than one Residential Zone
provided that Cluster Residential Development is permitted in each
of the zones and provided that all lots conform to the requirements
of the individual zone in which they are located. In such instances,
density shall be calculated separately for the portion of the tract
in each separate zone.
(b)
The proposed development shall follow all applicable procedures,
standards and requirements of the ordinance governing the subdivision
of land.
(c)
There shall be dedicated for common use a minimum 25% of the
gross acreage in the cluster subdivision. This percentage shall not
include streets. Of the area dedicated for common use, a minimum of
50% or five acres, whichever is greater, shall be a contiguous, usable
area as determined by the Planning Board, and be free of floodway,
flood hazard area, or slopes with gradients over 15%. In no event
shall the area to be dedicated for common use be fragmented into small,
unusable parcels except to conserve critical environmental areas.
The Planning Board shall, prior to reaching its determination, confer
with other interested municipal agencies as to the advisability of
accepting the lands to be dedicated, and their use.
(d)
At the discretion of the Planning Board, the subdivider may
be allowed to reduce the minimum lot frontage, minimum lot width,
minimum lot depth, and minimum lot area in accordance with the provisions
of this section.
(e)
A portion of the land to be donated for public purposes shall
be at least a usable, single, five acre tract.
(f)
All lands within the subdivision other than streets and building
lots shall be under the ownership of a legally created nonprofit homeowners
association which shall run with the land and be included in the deed
according to State statutes, or shall be deeded to the municipality
for public purposes. The Planning Board at its discretion may choose
which method is to be used and which lands are to be so dedicated.
(g)
Lands to be deeded for public purposes shall be located, shaped,
improved and developed as required by the Planning Board which shall
consider the suitability, physical condition, and location of the
lands in regard to its proposed uses and to the needs of the municipality
in reaching its determination.
(h)
Should the subdivision consist of a number of development stages,
the Planning Board may require that acreage and improvements proportionate
in size to the stage being considered for final approval be donated
to the municipality simultaneously with the granting of final subdivision
approval for the particular stage even though these lands may be located
in a different section of the overall development.
(i)
The Planning Board shall state the specific use or range of
uses for which the donated public lands will be used, and this shall
be included in the resolution approving the subdivision.
2.
Principal buildings.
(a)
Minimum lot size - 30,000 square feet.
(b)
Minimum lot width - 125 feet (interior lot) - 150 feet (corner
lot).
(c)
Minimum lot depth - 150 feet.
(d)
Minimum front yard set-back (measured from the future street
R.O.W.) - 50 feet.
(e)
Minimum side yard setback - 20 feet.
(f)
Minimum both side yard setbacks - 40 feet.
(g)
Minimum rear yard setback - 40 feet.
(i)
Maximum lot coverage.
Building - 20% of lot area
Impervious - 45% of lot area
(j)
Maximum density - 1.0 units per acre of total lot area.
(k)
Maximum building height - two stories above grade or 35 feet,
whichever is less.
3.
Accessory Structures and Uses. All accessory structures and uses
in a cluster arrangement shall conform to the development standards
of accessory structures and uses in the non-cluster arrangement.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 97-01 § 27.3]
[Ord. No. 2009-17]
The purpose of the AH-1-Overlay Affordable Housing-1 Overlay
Zone is to provide for a multi-family residential 100% affordable
rental housing use.
[Ord. No. 2009-17]
[Ord. No. 2009-17]
The AH-1-Overlay Affordable Housing Overlay Zone specified herewith shall be occupied only as indicated below and subject to Affordable Housing Regulation requirements of Chapter 27.
a.
Principal buildings for multi-family residential uses in accordance
with subsection 24-34.2a.
1.
Minimum lot size - 1.5 acres.
2.
Minimum lot width - 300 feet.
3.
Minimum lot depth - 150 feet.
4.
Minimum front yard setback - 25 feet.
5.
Minimum side yard setback - 30 feet.
6.
Minimum rear yard setback - 40 feet.
7.
Maximum number of units per structure - 8.
9.
Maximum building height - two stories above grade or 35 feet, whichever
is less, as measured from the crown of the road in the front of the
property to the peak of the building.
b.
Accessory Structures. Accessory structures, other than buildings
intended for use or occupancy and located on or above ground must
maintain the required front, rear and side yard setbacks from property
lines. A maximum of one accessory building may be permitted for trash
and recyclable materials.
[Ord. No. 2009-17]
a.
Off-street parking is required subject to the requirements of Section 25-44 except for off-street parking minimum spaces.
b.
Off-street parking minimum spaces is subject to the requirements
of the New Jersey Residential Site Improvement Standards (R.S.I.S.)
(N.J.A.C. 5:21).
d.
There shall be a trash and receptacle storage area completely surrounded
by a six-foot high solid architectural fence with solid front gates.
All outside trash and recyclables shall be stored in this area and
shall not be in public view over the fence height.
[Ord. No. 97-01 § 28]
The purpose of the VC - Village Commercial Zone is to provide
a mixed use "Village" type of atmosphere along Main Street and to
help preserve the historic nature of the Borough in that area. It
is the intent of the zone to provide incentives, in the form of increased
Floor Area Ratio and reduce parking requirements for those properties
which develop in a manner consistent with the historic character of
Main Street.
[Ord. No. 97-01 § 28.1]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Permitted Uses and Structures.
1.
Specialty commercial uses including: antique stores; clothing stores;
art studios and galleries; cosmetic stores; stationery stores; hobby
shops; book stores; bakeries; specialty food stores; artisan occupations
and shops; bicycle stores; and similar retail commercial establishments.
2.
Personal service establishments and offices including: beauty parlors
and barber shops; dance studios; travel agencies; real estate offices;
banks; tailors; and similar personal service establishments.
3.
Restaurants (excluding drive-thru and fast food restaurants).
4.
Medical and professional offices.
5.
Single-family, two-family, and three-family residential dwellings
in accordance with the bulk requirements of the R-7.5 Zone.
b.
Accessory structures, not to exceed 15 feet in height, and uses including:
1.
Private garage.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts for residential uses only.
4.
Signs, subject to the conditions of this chapter.
5.
Fences and hedges subject to the conditions of this chapter.
6.
Decks.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal.
c.
Conditional Uses. The following uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter.
1.
Government buildings and services including volunteer fire companies
and first aid squads.
2.
Public utility installations.
3.
Churches, synagogues, parish houses, and similar religious uses.
4.
Quasi-public uses.
5.
Public and parochial schools.
6.
Home professional offices and home occupations.
7.
Family day care homes.
8.
Shopping centers.
9.
Hardware stores.
[Ord. No. 97-01 § 28.2]
The VC — Village Commercial Zone specified herewith
shall be occupied only as indicated below and in the Schedule[1] which is attached to this chapter:
a.
Principal buildings. (Except dwellings):
1.
Minimum lot size - 7,500 square feet.
2.
Minimum lot width - 60 feet.
3.
Minimum lot depth - 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.)
- 15 feet.
5.
Minimum side yard setback - zero feet.
6.
Minimum both side yard setbacks - 30% of lot width.
7.
Minimum rear yard setback - 25 feet.
8.
Minimum gross floor area - 1,000 square feet.
9.
Maximum lot coverage.
Building - 25% of lot area (See 12).
Impervious - 75% of lot area (See 12).
10.
Maximum floor area ratio - 40% (See 12).
11.
Maximum building height - two stories above grade or 35 feet, whichever
is less.
12.
Incentives for maintenance of historical character of the Village
Commercial Zone. It is the intent of the VC Zone to promote the maintenance
of the historical character of the area thru the provision of architectural
features which are esthetically pleasing and consistent with the historical
character of the area. Applicants who demonstrate that a proposed
development is consistent with this goal, thru the provision of colonial
or federal architecture, or other similar styles of architecture which
are acceptable to the Planning Board, shall be entitled to an increase
in Building Lot Coverage to 35%, an increase in Impervious Lot Coverage
to 80%, and an increase in Floor Area Ratio to 60%. In addition, the
calculated parking requirement shall be reduced by 20%.
b.
Accessory Buildings, Structures and Uses.
1.
More than one accessory building may be permitted on a lot. One accessory
building may be permitted for which the side and rear yard setback
requirements shall be no less than five feet, provided that it does
not exceed 10 feet in height or 150 square feet in area, and is not
attached to or within 10 feet of the principal building. All additional
accessory buildings shall conform to the minimum setback requirements
of the principal building.
2.
Accessory structures, other than buildings, intended for use or occupancy
and located on or above ground, including swimming pools, tennis courts,
patios, and decks and open porches, less than three feet in height,
must maintain the required front yard setback of the principal building
and a minimum 10 feet setback from side and rear property lines. All
other accessory structures must maintain the required front, side
and rear yard setbacks of the principal building. Fences are specifically
not covered by this restriction and are governed elsewhere in this
chapter.
[1]
Editor's Note: See also Schedule B: Bulk Requirements - Non-Residential Zones attached to this chapter.
[Ord. No. 97-01 § 28.3]
[Ord. No. 97-01 § 29]
The purpose of the GC - General Commercial Zone is to provide
for general commercial, office and service uses to serve the general
population of the Borough and areas immediately surrounding the Borough.
[Ord. No. 97-01 § 29.1]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Permitted Uses and Structures.
1.
Retail sales of goods such as:
Groceries and foodstuffs;
Packaged liquors;
Drugs and pharmaceuticals;
Confectionery, including soft drinks and similar nonalcoholic
beverages served on the premises;
Feed grain, farm machinery and supplies, hardware and building
supplies;
Stationery, books, periodicals, and newspapers;
Antiques;
Combinations of the above and similar uses.
2.
Personal service establishments and offices including:
Beauty parlors and barber shops;
Dance studios;
Travel agencies;
Real estate offices;
Banks;
Tailors;
Dry cleaning provided no bulk processing is done on premises;
Self service laundry operations;
Shoe repairing;
Household appliance repair and sales;
Gunsmithing;
Watchmaking and repair;
Funeral parlors;
Similar personal service establishments.
3.
Restaurants (excluding drive-thru and fast food restaurants).
4.
Medical and professional offices.
5.
Single-family, two-family, and three-family residential dwellings
in accordance with the bulk requirements of the R-7.5 Zone.
6.
Child Care Centers.
b.
Accessory structures, not to exceed 15 feet in height, and uses including:
1.
Private garage.
2.
Buildings for tools and equipment used for maintenance of the grounds,
and greenhouses for hobby use.
3.
Private swimming pools and tennis courts for residential uses only.
4.
Signs, subject to the conditions of this chapter.
5.
Fences and hedges subject to the conditions of this chapter.
6.
Decks and open porches.
7.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
c.
Conditional Uses. The following uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter.
1.
Government buildings and services including volunteer fire companies
and first aid squads.
2.
Public utility installations.
3.
Churches, synagogues, parish houses, and similar religious uses.
4.
Quasi-public uses.
5.
Public and parochial schools.
6.
Home professional offices and home occupations.
7.
Family day care homes.
8.
Shopping centers.
[Ord. No. 97-01 § 29.2]
The GC - General Commercial Zone specified herewith shall be
occupied only as indicated below and in the Schedule[1] which is attached to this chapter:
a.
Principal Buildings (Except Dwellings).
1.
Minimum lot size - 7,500 square feet.
2.
Minimum lot width - 60 feet.
3.
Minimum lot depth - 100 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.)
- 15 feet.
5.
Minimum side yard setback - zero feet.
6.
Minimum both side yard setbacks - 30% of lot width.
7.
Minimum rear yard setback - 25 feet.
8.
Minimum gross floor area - 1,000 square feet.
9.
Maximum lot coverage.
|
Building - 25% of lot area
|
|
Impervious - 75% of lot area
|
10.
Maximum Floor Area Ratio - 40%.
11.
Maximum building height - two stories above grade or 35 feet, whichever
is less.
b.
Accessory Buildings, Structures and Uses.
1.
More than one accessory building may be permitted on a lot. One accessory
building may be permitted for which the side and rear yard setback
requirements shall be no less than five feet, provided that it does
not exceed 10 feet in height or 150 square feet in area, and is not
attached to or within 10 feet of the principal building. All additional
accessory buildings shall conform to the minimum setback requirements
of the principal building.
2.
Accessory structures, other than buildings, intended for use or occupancy
and located on or above ground, including swimming pools, tennis courts,
patios, and decks and open porches less than three feet in height,
must maintain the required front yard setback of the principal building
and a minimum 10 feet setback from side and rear property lines. All
other accessory structures must maintain the required front, side
and rear yard setbacks of the principal building. Fences are specifically
not covered by this restriction and are governed elsewhere in this
chapter.
[1]
Editor's Note: See also Schedule B: Bulk Requirements - Non-Residential Zones attached to this chapter.
[Ord. No. 97-01 § 29.3]
[Added 4-3-2018 by Ord. No. 01-2018]
The purpose of the MF – Multi-Family Residential Zone is to provide for existing multifamily residential buildings and to permit new multifamily residential uses subject to affordable housing requirements of Chapter 27.
The MF – Multi-Family residential uses specified herewith shall be occupied only as indicated below and subject to affordable housing regulation requirements of Chapter 27.
a.
Principal buildings for multifamily residential uses in accordance with § 25-37.2a.
1.
Minimum
lot size: 10 acres.
2.
Minimum
lot width: 700 feet.
3.
Minimum
lot depth: 500 feet.
4.
Minimum
front yard setback: 70 feet.
5.
Minimum
side yard setback: 60 feet.
6.
Minimum
rear yard setback: 40 feet.
7.
Maximum
number of units per structure: 16.
8.
Maximum
number of buildings: 12.
9.
Maximum
total number of units: 192.
10.
Maximum
building height: two stories above grade or 35 feet, whichever is
less as measured from the crown of the road in the front of the property
to the peak of the building.
b.
Accessory
structures.
1.
Other
than buildings intended for use or occupancy and located on or above
ground must maintain the required front, rear and side yard setbacks
from property lines.
2.
Accessory
structures may be permitted for trash and recyclable materials.
3.
Essential
utilities.
4.
Maintenance
or storage sheds.
a.
Each
principal building shall:
1.
Not
allow or contain outside television antenna. All television antenna
equipment shall be built into the building to eliminate individual
television antennas from being erected on the roof.
2.
Not
fail to provide, in an enclosed area, laundry facilities of not less
than one washer and one dryer for each 10 dwelling units for the exclusive
use of the occupants of the building, unless provided within each
unit. No outside clothes lines or clothes hanging facilities or devices
shall be provided or allowed.
b.
There
shall be no direct access of driveways from any dwelling unit onto
a public street.
c.
All internal
and external improvements found necessary in the public interest,
including but not limited to streets, driveways, parking areas, sidewalks,
curbs, gutters, lighting, shade trees, water mains, water system,
culverts, storm sewers, sanitary sewers or other means of sewage disposal,
drainage structures, and the like, shall be installed in accordance
with the standards set forth for major subdivisions of land, except
that all curb-to-curb pavement widths shall not be less than 30 feet.
No building permit shall be issued unless and until adequate performance
guarantees of proper installation of such improvements shall have
been posted in accordance with municipal ordinances.
d.
Off-street parking is required subject to the requirements of § 25-44 except for off-street parking minimum spaces.
e.
Off-street
parking minimum spaces is subject to the requirements of the New Jersey
Residential Site Improvement Standards (RSIS) (N.J.A.C. 5:21).
g.
Buffer
areas adjacent to residential zones or structures shall contain a
strip not less than 20 feet in width containing massed evergreen and
deciduous trees and shrubs planted in such a manner that will provide
a continuous screen throughout the entire year.
h.
There
shall be a trash and recyclable storage area completely surrounded
by a six-foot-high solid architectural fence with solid front gates.
All outside trash and recyclables shall be stored in these areas and
shall not be in public view over the fence height. Trash and recyclable
storage areas shall be sized appropriately for each building.
i.
A minimum
interior storage area of 700 cubic feet per unit shall be required.
This space may be provided in an area other than within the unit itself,
but should be in a convenient location for the residents of the unit.
Required storage space shall have a minimum vertical clearance of
five feet and shall not include garage or closets.
j.
Minimum
distance between buildings: 50 feet between any two rear or front
facades or any rear or front facade with a side facade; 35 feet between
any two side facades. No portion of a front facade shall face any
portion of a rear facade.
k.
There
shall be a trash and recyclable storage area completely surrounded
by a six-foot-high solid architectural fence with front solid gates.
All outside trash and recyclables shall be stored in this area and
shall not be in public view over the fence height. All accessory apparatus
such as propane tanks shall be similarly enclosed.
l.
There
shall be a minimum buffer of 25 feet in width between any side or
rear lot lined that abuts an area zoned or used for single-family
residential use.
m.
No registered
commercial vehicle longer than 22 feet in length or 10 feet in height
measured from the highest point of the vehicle excluding exhaust stacks
and antennae or having a registered weight of 18,000 pounds or more
shall be stored or parked on any lot or portion of the lot.
[Ord. No. 97-01 § 30]
The purpose of the LI - Light Industrial Zone is to provide
for Light Industrial uses in those areas of the Borough where an industrial
character has already been established. It is intended that the industrial
uses to be permitted in the Light Industrial Zone not interfere with
the use and enjoyment of properties in adjacent residential zones,
and that such uses not emit noises or odors, not have large areas
of outdoor storage of materials or supplies, and not have any other
characteristics which are unpleasant and which will interfere with
such use and enjoyment of nearby residential properties.
[Ord. No. 97-01 § 30.1; Ord. No. 07-01 § 1]
A building may be erected, altered, or used and a lot or premises
may be occupied and used for any of the following purposes:
a.
Principal Permitted Uses and Structures.
1.
Light industrial uses such as:
Fabrication or assembly of finished products;
Blacksmith, metal working and machine shops;
Contractors yards;
Building, electrical and plumbing supply yards, provided all
materials storage is indoors;
Warehouses;
Equipment and appliance repair facilities, excluding automobile
repairs.
2.
Research laboratories.
3.
Self storage warehouses.
4.
Business offices.
b.
Accessory structures and uses not to exceed 15 feet in height, and
uses including:
1.
Buildings for tools and equipment used for maintenance of the grounds.
2.
Signs, subject to the conditions of this chapter.
3.
Fences and hedges subject to the conditions of this chapter.
4.
Retail sales of items assembled, fabricated, or warehoused on the
site provided the floor area dedicated to retail use does not exceed
10% of the floor area of the principal building, and provided adequate
parking is located on the site in accordance with the parking requirements
for the specific retail use in this chapter.
5.
Other customary accessory uses and structures which are clearly incidental
to the principal structure and uses.
c.
Conditional Uses. The following uses are permitted subject to approval
of the Planning Board and the special conditions of this chapter.
1.
Government buildings and services, including volunteer fire companies
and first aid squads.
2.
Public utility installations.
3.
Churches, synagogues, parish houses, and similar religious uses.
4.
Public and parochial schools.
5.
Adult bookstores, adult video stores, adult motion-picture theaters,
adult arcades, artist's body painting studios, cabarets, massage shops,
and tattoo shops.
[Ord. No. 97-01 § 30.2]
The LI - Light Industrial Zone specified herewith shall be occupied
only as indicated below and in the Schedule[1] which is attached to this chapter:
a.
Principal Buildings.
1.
Minimum lot size - 20,000 square feet.
2.
Minimum lot width - 100 feet.
3.
Minimum lot depth - 150 feet.
4.
Minimum front yard setback (measured from the future street R.O.W.)
- 30 feet.
5.
Minimum side yard setback - 1 side - 20% of lot width (See 12).
6.
Minimum both side yard setbacks - 40% of lot width (See 12).
7.
Minimum rear yard setback - 40 feet (See 12).
8.
Minimum gross floor area - 1,000 square feet.
9.
Maximum lot coverage.
Building - 40% of lot area.
Impervious - 80% of lot area.
10.
Maximum Floor Area Ratio - 40%.
11.
Maximum building height - two stories above grade or 35 feet, whichever
is less.
12.
Exceptions to Side and Rear Yard Requirements. The side and rear
yard requirements shall not apply in an Industrial Zone on any side
of a property which abuts a railroad right-of-way. In such instances,
the minimum yard requirement for that yard shall be zero feet. Where
a one side yard of any such property abuts a railroad right-of-way,
the total side yard requirement for both side yards shall be reduced
from 40% to 20%.
b.
Accessory Buildings, Structures and Uses.
1.
More than one accessory building may be permitted on a lot. One accessory
building may be permitted for which the side and rear yard setback
requirements shall be no less than five feet, provided that it does
not exceed 10 feet in height or 150 square feet in area, and is not
attached to or within 10 feet of the principal building. All additional
accessory buildings shall conform to the minimum setback requirements
of the principal building.
2.
Accessory structures located on or above ground, other than buildings,
must maintain the required front yard setback of the principal building
and a minimum 10 feet setback from side and rear property lines. All
other accessory structures must maintain the required front, side
and rear yard setbacks of the principal building. Fences are specifically
not covered by this restriction and are governed elsewhere in this
chapter.
[1]
Editor's Note: See also schedule B: Bulk Requirements - Non-Residential Zones attached to this chapter.
[Ord. No. 97-01 § 30.3]
a.
Off-street parking is required subject to the requirements of this
chapter.
b.
Landscaping is required subject to requirements of this chapter.
c.
All materials and supplies shall be stored within an enclosed building
or structure.
d.
All assembly, repair, and fabrication activities shall take place
within an enclosed building.
e.
All side and rear yards shall be adequately screened by fencing and/or
landscaping.
f.
Loading areas and vehicle and equipment storage yards shall be fully
screened from public streets by a six-foot high solid architectural
fence and landscaping.
g.
A minimum fifteen-foot buffer is required for all properties where
a side or rear yard abuts a property in a residential zone.
[Ord. 97-01 § 31]
A conditional use is a permitted use only as specified by this
chapter and may be granted in accordance with the standards and specifications
of this section. No permit shall be issued for a conditional use unless
an application is submitted to and approved by the Planning Board.
It shall be submitted and distributed in the same manner as prescribed
for all applications in Land Development Procedures portion of this
Land Development chapter.
[Ord. No. 97-01 § 32]
The following standards apply to conditional uses as permitted
in specific zones. Where conditional use standards of this section
conflict with standards of any other section of this chapter, the
conditional use standards shall govern. Where no specific conditional
use standard is stated for a specific conditional use, the intent
of this chapter is that the appropriate standard for the zone within
which the use is located shall apply. (For example, if no side yard
setback requirement is listed under this section for a specific conditional
use, then the side yard setback standard for the zone within which
the site is located shall apply.)
[Ord. No. 97-01 § 32.1]
Government buildings shall provide the Planning Board with the
following:
a.
A set of plans, specifications and plot plan and a statement setting
forth the need and purpose of the installation.
b.
Proof that the proposed installation in a specific location is necessary
and convenient for the efficiency of the proposed use or the satisfactory
and convenient provision of service to the neighborhood or area in
which the particular use is to be located; that the design of any
building in connection with such facility conforms to the general
character of the zone and will in no way adversely affect the safe
and comfortable enjoyment of property rights of the zone in which
it is located; that adequate and attractive fences and other safety
devises will be provided and that sufficient landscaping including
shrubs, trees and lawn are provided and will be periodically maintained.
[Ord. No. 97-01 § 32.2]
Public utility uses and installations shall provide the Planning
Board with the following:
a.
A set of plans, specifications and plot plan and a statement setting
forth the need and purpose of the installation.
b.
Proof that the proposed installation in a specific location is necessary
and convenient for the efficiency of the public utility system or
the satisfactory and convenient provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
c.
Proof that the design of any building in connection with such facility
conforms to the general character of the zone and will in no way adversely
affect the safe and comfortable enjoyment of property rights of the
zone in which it is located; that adequate and attractive fences and
other safety devices will be provided and that sufficient landscaping
including shrubs, trees, and lawn are provided and will be periodically
maintained.
[Ord. No. 97-01 § 32.3]
a.
All such uses shall comply with the following bulk standards:
|
Minimum Lot Area
|
2 acres
|
|
Minimum Lot Width
|
200 feet
|
|
Minimum Lot Depth
|
200 feet
|
|
Minimum Front Yard Setback
|
50 feet
|
|
Minimum Side Yard Setback
|
40 feet
|
|
Minimum Rear Yard Setback
|
60 feet
|
|
Maximum Lot Coverage
|
25% of lot area
|
b.
Where parking areas are adjacent to a residential zone, a fifteen-foot
wide buffer strip shall be provided.
[Ord. No. 97-01 § 32.4]
Quasi-public uses not specifically listed in this chapter shall
adhere to the following:
[Ord. No. 97-01 § 32.5;
amended 12-4-2018 by Ord. No. 05-2018; 7-9-2019 by Ord. No. 04-2019]
a.
Refer to § 2-58.7.2 for required fee information.
b.
Minimum lot area: 10,000 square feet or the minimum lot area for
a single-family residence as permitted in the subject zone, whichever
is less.
c.
Minimum lot width: 100 feet or the minimum lot width for a single-family
residence as permitted in the subject zone, whichever is less.
d.
A maximum of 25% of the floor area of the principal residence may
be dedicated to the home office or home occupation.
e.
No more than one nonresident employee is permitted on the premises
at any one time.
f.
Off-street parking is to be provided in a manner consistent with
a residential use, except that no parking shall be permitted in a
front yard. Parking area striping shall not be permitted. Parking
areas may be curbed with curbs a maximum height of three inches above
the paved surface. Formally designed parking areas shall not be required;
however, all parking areas and drive areas shall be designed to permit
automobiles to turn around on a site in order to prevent backing out
onto a public street.
g.
Minimum buffers of 10 feet are required along any rear or side yard.
h.
One freestanding
identification sign shall be permitted, provided that the sign be
no closer than 10 feet to any property line; not be illuminated; be
hung from a cantilevered post; be made of wood; and consist of muted
colors. Fluorescent or bright colors shall be prohibited. Maximum
sign area shall be 10 square feet, and maximum sign height shall be
four feet.
i.
Within
any residential district, no building with an existing nonconforming
home professional office or home occupation shall be constructed or
altered so as to be inharmonious with the residential character.
j.
The types
of construction not to be residential in character include, but are
not limited to, storefront types of construction, garage doors (larger
than needed for passenger vehicles or light commercial vehicles),
unfinished concrete blocks or cinderblock wall surfaces, metal panels,
elimination of porches and wall surfaces without doors and/or windows.
k.
The use
operates no equipment or process that creates noise, vibration, glare,
fumes, odors, electrical or electronic interference, including interference
with telephone, radio or television reception, that is reasonably
detectable by neighboring residents.
l.
The quantity
and type of solid waste disposal is the same as other residential
uses in the zone district.
m.
The capacity
and quality of effluent is typical of normal residential use and create
no potential or actual detriment to the sanitary sewer system or its
components.
n.
The conditional
use approval shall terminate with any change in ownership of the property.
[Ord. No. 97-01 § 32.6]
[Ord. No. 97-01 § 32.7]
a.
Minimum Lot Area - 30,000 square feet.
b.
Minimum Setback from all property lines - 50 feet.
c.
Maximum Density - 14 units per acre.
d.
Maximum Lot Coverage
|
Building - 25% of lot area.
|
|
Impervious - 75% of lot area.
|
e.
Maximum number of units per structure - 16.
f.
Maximum length of structure - 175 feet.
g.
A minimum interior storage area of 700 cubic feet per unit shall
be required. This space may be provided in an area other than within
the unit itself, but should be in a convenient location for the residents
of the unit. Required storage space shall have a minimum vertical
clearance of five feet and shall not include garage or closets.
h.
Minimum distance between buildings - 50 feet between any two rear
or front facades or any rear or front facade with a side facade; 35
feet between any two side facades. No portion of a front facade shall
face any portion of a rear facade.
i.
There shall be a trash and recyclable storage area completely surrounded
by a six foot high solid architectural fence with front solid gates.
All outside trash and recyclables shall be stored in this area and
shall not be in public view over the fence height. All accessory apparatus
such as propane tanks shall be similarly enclosed.
j.
There shall be a minimum buffer of 25 feet in width between any side
or rear lot lined that abuts an area zoned or used for single-family
residential use.
k.
No registered commercial vehicle longer than 22 feet in length or
10 feet in height measured from the highest point of the vehicle excluding
exhaust stacks and antennae or having a registered weight of 18,000
pounds or more, shall be stored or parked on any lot or portion of
the lot.
l.
Each principal building shall:
1.
Not allow or contain outside television antenna. All television antenna
equipment shall be built into the building to eliminate individual
television antennas from being erected on the roof.
2.
Not fail to provide, in an enclosed area, laundry facilities of not
less than one washer and one dryer for each 10 dwelling units for
the exclusive use of the occupants of the building, unless provided
within each unit. No outside clothes lines or clothes hanging facilities
or devices shall be provided or allowed.
m.
All internal and external improvements found necessary in the public
interest, including but not limited to streets, driveways, parking
areas, sidewalks, curbs, gutters, lighting, shade trees, water mains,
water system, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures, and the like, shall be installed
in accordance with the standards set forth for major subdivisions
of land, except that tall curb to curb pavement widths shall not be
less than 30 feet. No building permit shall be issued unless and until
adequate performance guarantees of proper installation of such improvements
shall have been posted in accordance with municipal ordinances.
n.
There shall be no direct access of driveways from any dwelling unit
onto a public street.
[Ord. No. 97-01 § 32.8]
a.
Minimum Lot Area - three acres.
b.
A minimum of 50% of floor area shall be dedicated to retail sales
or service establishments. For the purpose of this requirement, retail
service establishments shall not include professional or general office
uses, but shall include such uses as restaurants, beauty salons, dry
cleaning services, and banks.
c.
The site may consist of several adjacent parcels under separate ownership,
provided the parcels have a common lot line and are developed as a
single site with a single approved site plan.
d.
All other bulk requirements of the zone in which the shopping center
is located shall be applicable, including the incentives for the maintenance
of historical character as provided in the VC Zone.
[Ord. No. 07-01 § 2]
Adult bookstores, adult video stores, adult motion-picture theaters,
adult arcades, artist's body painting studios, cabarets, massage shops,
and tattoo shops may be permitted in the specified zones only upon
receipt of a conditional use permit and providing that the following
standards are met together with any other requirement deemed necessary
by the Planning Board and any other applicable requirements of this
chapter:
a.
No establishment or business with a use encompassing those referenced
in this section shall be located closer than 1,000 feet to any school,
hospital, child care center, church, library, public building, or
public playground.
b.
No establishment or business with a use encompassing those referenced
in this section shall be located closer than 1,000 feet to any adult
bookstore, adult video store, adult motion-picture theater, adult
arcade, artist's body painting studio, cabaret, massage shop, or tattoo
shop.
c.
No establishment of business with a use encompassing those referenced
in this section shall be located closer than 1,000 feet to an area
zoned for residential use.
d.
When any existing building is converted from any use to one of those
listed above, under the general term "adult businesses" then, in that
event, a full and complete site plan shall be submitted and reviewed
in accordance with the provisions of this chapter.
[Ord. No. 04-09 § 1]
a.
The purpose of this section is to comply with the "Substantive Rules"
of the New Jersey Council on Affordable Housing (COAH) regarding the
Borough of Farmingdale and its efforts to satisfy its "Mt. Laurel
II" housing obligations.
b.
This section of the Code of the Borough of Farmingdale sets forth
regulations regarding "low" and "moderate" income housing units in
the Borough of Farmingdale that are consistent with the provisions
of N.J.A.C. 5:93 et seq. as effective on June 6, 1994 and as amended
thereafter. These rules are pursuant to the Fair Housing Act of 1985
and the Borough of Farmingdale's constitutional obligation to provide
for its "fair share" of "low" and "moderate" income housing.
[Ord. No. 04-09 § 1]
Any term pertaining to affordable housing referenced in these
ordinance provisions is intended to have the meaning as defined in
the New Jersey Fair Housing Act (N.J.S.A. 52:270-301, et seq.) or
the "Procedural Rules of the New Jersey Council on Affordable Housing"
(N.J.A.C. 5:91) or the "Substantive Rules Of The New Jersey Council
On Affordable Housing" (N.J.A.C. 5:92 or N.J.A.C. 5:93), as appropriate.
[Ord. No. 04-09 § 1]
a.
Any affordable housing units constructed within an "inclusionary
development" in the Borough of Farmingdale shall be divided equally
between "low" and "moderate" income households as per N.J.A.C. 5:93-2.20.
b.
Except for "inclusionary" developments constructed pursuant to low
income tax credit regulations.
1.
At least 1/2 of all units within each "inclusionary" development
shall be affordable to "low" income households; and
2.
At least 1/2 of all rental units shall be affordable to "low" income
households; and
3.
At least 1/3 of all units in each bedroom distribution pursuant to
N.J.A.C. 5:93-7.3 shall be affordable to "low" income households.
c.
"Inclusionary" developments that are not restricted to age-restricted
housing units shall be structured in conjunction with realistic market
demands so that:
1.
The combination of efficiency and one bedroom units is at least 10%
and no greater than 20% of the total "low" and "moderate" income units;
and
2.
At least 30% of all "low" and "moderate" income units are two bedroom
units; and
3.
At least 20% of all "low" and "moderate" income units are three bedroom
units; and
4.
"Low" and "moderate" income units that are age-restricted may utilize
a modified bedroom distribution. At a minimum, the number of bedrooms
shall equal the number of age-restricted "low" and "moderate" income
units within the "inclusionary" development.
d.
In conjunction with realistic market information, the following criteria
shall be used in determining maximum rents and sale prices:
1.
Efficiency units shall be affordable to 1.0 person households; and
2.
One bedroom units shall be affordable to 1.5 person households; and
3.
Two bedroom units shall be affordable to 3.0 person households; and
4.
Three bedroom units shall be affordable to 4.5 person households;
and
5.
Median income by household size shall be established by a regional
weighted average of the uncapped Section 8 income limits published
by the Federal Department of Housing and Urban Development (HUD) as
per N.J.A.C. 5:93-7.4(b); and
6.
The maximum sales price of "low" and "moderate" income units within
each "inclusionary" development shall be affordable to households
earning no more than 70% of median income. In averaging an affordability
range of 55% for the sales units, "moderate" income sales units shall
be made available for at least two different prices and "low" income
sales units also shall be made available for at least two different
prices; and
7.
For both owner-occupied and rental units, the "low" and "moderate"
income units shall utilize the same heating source as the market units
within an "inclusionary" development; and
8.
"Low" income units shall be reserved for households with a gross
household income less than or equal to 50% of the median income approved
by COAH; "moderate" income units shall be reserved for households
with a gross household income less than 80% of the median income approved
by COAH as per N.J.A.C. 5:93-7.4; and
9.
The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 shall be
applicable to all affordable units.
e.
For rental units, the following conditions shall apply:
1.
Developers may establish one rent for a "low" income unit and one
rent for a "moderate" income unit for each bedroom distribution; and
2.
Gross rents, including an allowance for tenant-paid utilities, shall
be established so as not to exceed 30% of the gross monthly income
of the appropriate household size as per N.J.A.C. 5:93-7.4(h). The
tenant-paid utility allowance shall be consistent with the utility
allowance approved by HUD for use in New Jersey; and
3.
The maximum rents of "low" and "moderate" income units within each
"inclusionary" development shall be affordable to households earning
not more than 60% of median income. In averaging an affordability
range of 52% for rental units, developers and/or municipal sponsors
of rental units may establish one rent for a "low" income unit and
one rent for a "moderate" income unit for each bedroom distribution.
f.
For sale units, the following conditions shall apply:
1.
The initial price of a "low" and "moderate" income owner-occupied
for-sales housing unit shall be established so that after a down payment
of 5%, the monthly principal, interest, homeowner and private mortgage
insurance, property taxes (based on the restricted value of the "low"
and "moderate" income unit) and condominium or homeowner association
fees do not exceed 28% of the eligible gross monthly income; and
2.
Master deeds of "inclusionary" developments shall regulate condominium
or homeowner association fees or special assessments of "low" and
"moderate" income purchasers at 75% of those paid by market purchasers.
This 75% percentage is consistent with the requirement of N.J.A.C.
5:93-7.4. Once established within the master deed, the 75% percentage
shall not be amended without prior approval from COAH; and
3.
The Borough of Farmingdale shall follow the general provisions concerning
uniform deed restriction liens and enforcement through Certificates
of Occupancy or Reoccupancy on sale units as per N.J.A.C. 5:93-9.3;
and
4.
The Borough of Farmingdale shall require a Certificate of Reoccupancy
for any occupancy of a "low" or "moderate" income sales unit resulting
from a resale as per N.J.A.C. 5:93-9.3(c); and
5.
Municipal, State, nonprofit and seller options regarding sale units
shall be consistent with N.J.A.C. 5:93-9.5 through 9.8. Municipal
rejection of repayment options for sale units shall be consistent
with N.J.A.C. 5:93-9.9; and
6.
The continued application of options to create, rehabilitate or maintain
"low" and "moderate" income sale units shall be consistent with N.J.A.C.
5:93-9.10; and
7.
Eligible capital improvements prior to the expiration of controls
on sale units shall be consistent with N.J.A.C. 5:93-9.11; and
8.
The regulations detailed in N.J.A.C. 5:93-9.12 through 9.14 shall
be applicable to "low" and "moderate" income units that are for sale
units.
g.
For "inclusionary" developments, the following conditions shall apply:
1.
"Low" and "moderate" income units within an "inclusionary" development
shall be built in accordance with N.J.A.C. 5:93-5.6(d) as follows:
|
Minimum % of "Low"/"Moderate" Income Units Completed
|
% of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100%
|
90
|
|
100%
|
2.
The design of an "inclusionary" development shall integrate the "low"
and "moderate" income units with any market units in accordance with
N.J.A.C. 5:93-5.6(f).
h.
"Development Fees for Affordable Housing" ordinance provisions have been prepared and adopted in accordance with N.J.A.C. 5:93-8.10 through 8-16 and appear as Section 25-7 of these Land Development Regulations" ordinance provisions.
i.
To provide assurances that "low" and "moderate" income units are
created with controls on affordability over time and that "low" and
"moderate" income households occupy these units, the Borough of Farmingdale
shall designate an Administrative Agency, to be named by resolution,
which shall have the responsibility of ensuring the affordability
of sales and rental units. The Administrative Agency shall be responsible
for those activities detailed in N.J.A.C. 5:93-9.1(a).
1.
In addition, the Administrative Agency shall be responsible for utilizing
the verification and certification procedures outlined in N.J.A.C.
5:93-9.1(b) in placing households in "low" and "moderate" income units;
and
2.
Newly constructed "low" and "moderate" income sales units shall remain
affordable to "low" and "moderate" income households for at least
30 years and the Administrative Agency shall require all conveyances
of newly constructed units to contain the deed restriction and mortgage
lien adopted by COAH and referred to as "Technical Appendix E" as
found in N.J.A.C. 5:93; and
3.
Housing units created through the conversion of a nonresidential
structure shall be considered a new housing unit and shall be subject
to thirty year controls on affordability. The Administrative Agency
shall require COAH's appropriate deed restriction and mortgage lien.
j.
The following durations of affordability controls shall apply to
rehabilitated units:
1.
Rehabilitated owner-occupied single-family housing units that are
improved to code standard will be subject to affordability controls
for at least six years; and
2.
Rehabilitated renter-occupied housing units that are improved to
code standard shall be subject to affordability controls for at least
10 years.
k.
The following durations of affordability controls shall apply to
rental units:
1.
Newly constructed "low" and "moderate" income rental units shall
remain affordable to "low" and "moderate" income households for at
least 30 years. The Administrative Agency shall require the deed restriction
and lien and deed of easement referred to as "Technical Appendix H"
as found in N.J.A.C. 5:93; and
2.
Affordability controls on accessory apartments shall be for a period
of at least 10 years, except if the apartment is to receive a rental
bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on
affordability shall extend for 30 years in accordance with N.J.A.C.
5:93-5.9; and
3.
Alternate living arrangements shall be controlled in a manner suitable
to COAH, that provides assurances that such a facility will house
"low" and "moderate" income households for at least 10 years, except
that if the alternative living arrangement is to receive a rental
bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on
affordability shall extend for 30 years in accordance with N.J.A.C.
5:93-5.8.
l.
Section 14(b) of the Fair Housing Act N.J.S.A. 52:27D-301 et seq.
incorporates the need to eliminate unnecessary cost generating features
from the Borough of Farmingdale's land use ordinances. Accordingly,
the Borough of Farmingdale shall eliminate development standards that
are not essential to protect the public welfare and to expedite or
fast track municipal approvals/denials on "inclusionary" development
applications. The Borough of Farmingdale shall adhere to the components
of N.J.A.C. 5:93-10.1 through 10.3.
[Ord. No. 97-01 § 33]
The following modifications and exceptions to the limitations
imposed by the chapter are permitted under the terms and specifications
herein set forth.
[Ord. No. 97-01 § 33.1]
The height limitations of this chapter shall not apply to church
spires, belfries, cupolas, and similar architectural amenities. Such
features, however, shall be erected only to such height as is necessary
to accomplish the purpose they are to serve. Mechanical appurtenances
such as air conditioning or heating units and elevators shall not
exceed the height limit by more than six feet and shall be screened
in a manner which is architecturally compatible with the building.
The provisions of the chapter shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice for ornamental
purposes to screen mechanical appurtenances. Building mounted antennas,
other than satellite or dish antennas with diameters exceeding three
feet, shall not exceed the height limits by more than 10 feet. Ground
based antennas other than satellite or dish antennas exceeding three
feet in diameter, shall conform to the height requirements of an accessory
structure.
[Ord. No. 97-01 § 33.2]
a.
Improvements or additions may be made to existing single-family dwellings
on a lot of substandard size in districts where permitted without
Planning Board approval provided the improvement or addition does
not encroach on any front, rear or side yard setback requirements
and meets all other provisions of this chapter. A building permit
must be obtained.
b.
Where the owner of a lot of substandard size owns adjacent lots or
parcels of land, such lots or parcels shall be considered as a single
lot and the area and yard space provisions of this chapter shall hold.
[Ord. No. 97-01 § 34]
It shall be unlawful for any person to erect, replace or alter
any advertising sign or structure as defined in this chapter without
first obtaining a sign permit.
[Ord. No. 93-01 § 34.1]
a.
Sign Area Measurement. The area of a sign shall be computed as the
total square foot content of the background upon which the lettering
illustration or display is presented. If there is no background, the
sign area shall be computed as the product of the largest horizontal
width and the largest vertical height of lettering illustration or
total display. This shall not be construed to include the supporting
members of any sign which are used solely for such purpose. For signs
with two sides the maximum area requirement shall be permitted on
each side. Signs with more than two sides are prohibited.
b.
Sign Height Measurement. The largest vertical height of the background
upon which the lettering illustration or display is presented. If
there is no background, the height shall be the largest vertical height
of the lettering, illustration or total display. If the letters, illustration
or display are attached directly to the face of the building, the
height of the sign shall be the height of the largest letter illustration
or total display, whichever is greater. No sign of any type shall
be permitted to obstruct driving vision, traffic signals and signs,
or similar safety devices or other places of business.
c.
Illumination. All illuminated signs shall be either indirectly lighted
or of the diffused lighting type. No sign shall be lighted by means
of flashing or intermittent illumination. All lights used for the
illumination of any use or building or the areas surrounding them
or for the illumination or display of merchandise or product of business
establishments, shall be completely shielded from the view of vehicular
traffic using the road and roads abutting such business properties.
Floodlights used for the illumination of said premises or of any sign
thereon, whether or not such floodlights are attached to or separate
from the building, shall not project 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. Where permitted, illuminated
signs shall be so arranged as to reflect the light and glare away
from adjoining premises in any residential district or adjoining highway.
d.
Projecting. No sign as permitted shall extend or project at any point
above or outside the limits of the roof, the highest elevation of
the wall to which it is attached, or above the height of the principal
building as defined in this chapter. No signs shall be permitted on
accessory buildings.
e.
Line of Sight. Signs and sign structures of all types shall be set
back or elevated sufficiently to allow a clear, unobstructed line
of sight from points of ingress or egress for at least 1,000 feet
along all abutting streets and highways.
f.
Nonresidential Uses. Nonresidential uses shall be permitted a maximum
of two directional signs for each street frontage designated "entrance"
or "enter" and "exit". Such directional signs shall be no larger than
two square feet each; the top of the sign shall be no more than 30
inches from ground level; and the signs may be internally illuminated.
No external illumination shall be permitted. Directional signs shall
have no setback requirements.
g.
Construction; Maintenance. Signs must be constructed of durable materials,
maintained in good condition and not allowed to become dilapidated.
h.
Stationary. All signs shall be stationary with no moving parts.
i.
Residential. On a lot in a residential district, one sign shall be
permitted not to exceed two square feet in area. If illuminated, the
direct source of light shall be shielded in such a manner that it
is not visible from the street or any adjoining residential property,
unless a porch light or lamp post light. A church, school or other
public or institutional building may have for its own use an announcement
sign or bulletin board not over 12 square feet in area which, if not
attached to the building, shall be at least 20 feet from all street
lines.
j.
Removal. Removal of business signs shall be within 30 days of the
closing of such business at the expense of the owner of the property.
Real estate signs shall be removed within seven days after signing
the contract of sale, or the signing of a sale transaction, or the
execution of a lease. Signs announcing that the premises or portion
thereof have been sold, rented or leased may remain for 10 days after
above transaction.
[Ord. No. 97-01 § 34.2]
Subdivision developments involving six or more residential lots
may contain signs advertising the sale of the dwelling contained therein
as approved by the Planning Board as follows:
a.
One non-illuminated sign no larger than 30 square feet is permitted
at each entrance of the development. In addition, customary non-illuminated
trade and professional signs no larger than four square feet are permitted
on the lots being developed.
b.
Temporary directional signs no larger than two square feet are permitted
at locations approved by the Planning Board along public streets,
provided that only the name of the development and a directional indication
appear on the signs.
c.
All signs permitted under this section shall be removed by the owner
within seven days after signing the contract of sale or signing of
a sale transaction or the execution of a lease of the last house in
the development.
[Ord. No. 97-01 § 34.3]
In Commercial and Industrial Zones, no sign shall be permitted
which is not accessory to the business conducted on the property.
Such sign may only be erected providing that it is shown on an approved
site plan and all of the requirements of this chapter are met:
a.
Each individual lot in any commercial or industrial zone shall be
permitted one free standing sign, provided:
1.
All buildings on the site meet the required minimum front yard setback
of the zone within which the site is located. For corner lots, the
buildings must meet the required front yard setback for the front
yard within which the sign is located. Where a sign is located within
the area of the intersection of the front yards of a corner lot, the
buildings must meet the minimum required setback of both front yards.
2.
The height of the sign structure, including the supporting members,
shall not exceed the height of the building plus 20%, but at no time
shall the height exceed 20 feet.
3.
The sign must be set back a minimum of five feet from the front street
right-of-way line and must be perpendicular to the front lot line.
In the event of a sign located within 30 feet of the intersection
of front lot lines on a corner lot, as measured perpendicular to the
front lot lines, the sign may be situated perpendicular to either
front lot line.
4.
The area of one side of the sign shall not exceed 100 square feet.
5.
The sign must be placed within a curbed area of no less than 20 square
feet. This area shall be landscaped.
b.
Except as noted in paragraph b5 below, each business shall be permitted
one facade sign for each street frontage of the business, provided
that:
1.
The total sign area for the sign or signs permitted on the face of
any wall shall not exceed 10% of the area of the face of the wall
upon which such sign or signs are attached.
2.
No sign, unless located on a canopy, shall extend further than 15
inches from the face of the building upon which it is attached, provided
that where a sign extends more than three inches from the face of
the wall, the bottom of the sign shall not be closer than 10 feet
from the ground level below the sign.
3.
Signs located on canopies, whether such canopies are permanent or
temporary, may extend more than 15 inches beyond the face of the building
upon which the canopy is attached provided that the canopy is not
in violation of the setback provisions of the ordinance. Such canopy
sign shall not extend beyond the face of the canopy upon which it
is attached.
4.
The maximum height of any single sign shall not exceed six feet,
and the maximum width shall not exceed 90% of the width of the wall
to which the sign is attached. In no case, may the area of a sign
exceed 150 square feet.
5.
Where multiple businesses within a building are serviced by one or
more common entrances, such as in an enclosed mall or office building,
only one facade sign shall be permitted per entrance.
c.
In addition to the above regulations, all signs permitted in the
Residential Zones are also permitted in the Commercial and Industrial
Zones.
[Ord. No. 97-01 § 34.4]
a.
Any person or organization desiring to erect a temporary sign or
signs as set forth hereinafter shall apply for a sign permit from
the Borough of Farmingdale for which there shall be a fee of $5. No
temporary signs of any type shall be erected in any State, County
or Borough right-of-way.
b.
Temporary signs for special events may be erected by Farmingdale
Borough Community Organizations in any zone. Proposed signs shall
measure no more than four feet by eight feet and shall be permitted
for no more than 30 days, except that no such sign shall remain for
a period of more than five days following the advertised event, at
which time same shall be removed by the applicant at the applicant's
expense. No more than two signs may be erected on any one site for
any one event.
c.
Temporary signs may be erected in any Commercial or Industrial Zone
as follows:
1.
Temporary signs announcing "sales" of merchandise sold on the premises,
are permitted for business establishments other than an automotive
gasoline station or automotive service station, in addition to approved
permanent signs. The total area of the sign or signs may not exceed
10% of the front wall area of the establishment and the sign(s) must
be removed within seven days after the "sale" is completed. No such
sign shall remain in place for a period exceeding 30 days. Only four
such "sales" shall be permitted in any calendar year.
2.
Temporary signs are permitted inside windows of commercial establishments
not covering more than 25% of the total window area. Such temporary
signs shall remain in place for a period of not greater than 21 days.
Service organization posters shall be exempt from this provision.
When temporary signs announcing "sales", as permitted in paragraph
1 above, are located within a window, they shall be included in the
calculation of the maximum 25% of total window area permitted under
this paragraph.
3.
Free standing signs for such purposes as special sale days. Such
signs shall not exceed 16 square feet in total area and shall be erected
for no longer than seven days. The signs may only be erected upon
the property of the business holding such sale and no more than one
sign shall be permitted per event. No more than five permits may be
granted per year per applicant. The signs shall be set back five feet
from front property lines and 15 feet from any side property line.
4.
A temporary sign shall be permitted for grand openings in commercial
zones together with flags and banners for no more than 30 days. No
more than one sign per street frontage shall be allowed which shall
not exceed 16 square feet. The signs shall be set back five feet from
front property lines and 15 feet from any side property line.
[Ord. No. 97-01 § 34.6]
a.
No sign of any type, temporary or permanent shall be erected which
is of a form, character, or shape, so as to confuse or dangerously
detract the attention of the operator of a motor vehicle. A mannequin,
costumed individual or animated device located at roadside for the
purpose of attracting attention shall be considered such a sign and
is expressly prohibited.
b.
Any signs used in connection with sales placed upon a stationary
motor vehicle advertising any such sale are prohibited.
[Ord. No. 97-01 § 34.7]
The following signs shall be permitted only in accordance with
the following standards and shall not require a permit.
a.
Temporary election signs, not to exceed four feet by four feet, may
be erected in all zones. No more than one such sign per candidate
or issue shall be permitted on any single property. Such signs shall
not be installed sooner than one month prior to the election on the
same calendar day as the election. For example, if an election is
to be held on November 4, election signs may not be erected prior
to October 4. Such signs must be removed within five days following
the election by the candidate or organization erecting same at his
or its expense.
b.
A temporary non-illuminated sign advertising the sale or rental of
a premises or portion thereof shall be, if not attached to the building,
set back at least 10 feet from all street lines. The area of such
signs in residential districts shall not exceed four square feet and
in all other districts shall not exceed 16 square feet. These provisions
shall further apply to all signs announcing that the premises or portion
thereof have been sold, rented or leased. Such signs must be removed
within a period of seven days after conclusion of sale or rental transaction.
The total number of signs shall not exceed one such sign per lot in
any residential zone, or one such sign per business or vacant parcel
in any other zone.
c.
A temporary non-illuminated job sign shall be permitted on residential
property. Such job sign shall provide information related to work
which is actively being engaged in on the property. Such signs shall
include, but not be limited to, building contractors, roofers, painters,
and landscapers. This shall not be construed to include signs for
work of a very limited duration or of a repetitive nature, for example,
lawn maintenance services or chimney cleaning services which shall
not be permitted. Job signs shall not exceed four square feet and
must be set back a minimum of 10 feet from any street line. The total
number of signs shall not exceed one such sign per lot. Such signs
must be removed immediately upon the completion of the work, but in
no case may the sign of any one contractor be displayed for more than
30 days in any calendar year.
[Ord. No. 97-01 § 35.1]
Off-street parking, unloading and service requirements of this
section shall apply and govern in all zones within the municipality.
Except as provided in this section, no application for a building
permit shall be approved unless there is included with the plan for
such building, improvement or use, a site plan including the required
parking and adhering to the zoning requirements and design standards
applicable to the subject building, use or improvement. A Certificate
of Occupancy shall not be issued unless the required off-street parking,
loading, and service facilities have been provided in accordance with
those shown on the approved plan.
[Ord. No. 97-01 § 35.2]
No land shall be used or occupied, no structure shall be designed,
created, altered, used or occupied, and no use shall be operated unless
off-street parking and loading facilities are provided in at least
the amount and maintained in the manner required by this section.
[Ord. No. 97-01 § 35.3]
Each off-street parking, loading or service area shall be connected
to a public street right-of-way by means of a driveway constructed
in accordance with at least the minimum standards required by this
chapter.
[Ord. No. 97-01 § 35.4]
No off-street parking space backing into an entrance or exit
drive shall be closer than 25 feet from the street right-of-way line.
[Ord. No. 97-01 § 35.5]
a.
Parking areas shall be divided into lots separated by appropriate
landscaping where possible.
b.
Driveways and internal roads shall be separated from parking areas
by curbed landscaped islands where possible. Curbed, landscaped islands,
a minimum of 10 feet in width, shall be located at the end of all
rows of parking, and no more than 20 consecutive parking spaces shall
be permitted in any row of parking without being defined by a 10 feet
wide landscaped island. All curbed islands shall be landscaped with
suitable trees, shrubs or ground cover.
c.
Parking spaces shall be a minimum of nine feet wide and 18 feet long,
except that: designated parking spaces for the handicapped shall be
designed in accordance with the appropriate standards of the Americans
With Disabilities Act; parallel parking spaces shall be a minimum
of 10 feet wide and 22 feet long; 60° diagonal parking shall have
a width of 10 feet and a depth of 21 feet measured perpendicular to
the center line of the drive aisle; 45° diagonal parking shall
have a width of 10 feet and a depth of 20 feet measured perpendicular
to the center line of the drive aisle.
d.
Parking lot Aisle widths shall be as follows:
1.
90° parking - 24 feet.
2.
Parallel parking.
One way aisle - 15 feet.
Two way aisle - 24 feet
3.
60° parking - 16 feet.
4.
45° parking - 13 feet.
5.
Drive aisles within parking lots which do not have parking directly
accessing them shall be a minimum width of 24 feet for two way traffic
flow and 13 feet for one way traffic flow.
[Ord. No. 97-01 § 35.6]
Garage space or space within buildings, in basements or on the
roofs of buildings may be used to meet the off-street parking requirements
of this chapter, provided all requirements regarding this section
are met.
[Ord. No. 97-01 § 35.7]
Off-street parking spaces for all uses shall be located on the
same lot as the main building to be served, except as otherwise specifically
permitted in this chapter.
[Ord. No. 97-01 § 35.8]
The off-street parking requirements for two or more neighboring
uses may be satisfied by the allocation of the required number of
spaces for each use in a common parking facility, provided that the
number of off-street parking space is not less than the sum of individual
requirements; and provided further that there be compliance with all
other provisions of these regulations. This provision will only apply
with approval of the Planning Board.
[Ord. No. 97-01 § 35.9]
Off-street parking facilities for one use shall not be considered
as providing the required facilities for any other use, except that
1/2 of the off-street parking space required by any use whose peak
attendance will be at night or on Sundays, such as churches, theaters,
and assembly halls, may be assigned to a use which will be closed
at night or on Sundays. This provision will only apply with approval
of the Planning Board.
[Ord. No. 97-01 § 35.10]
For the purpose of this section, the number of employees shall
be computed on the basis of the maximum number of persons to be employed
on any one shift taking into consideration day, night and seasonal
variations.
[Ord. No. 97-01 § 35.11]
When units of measurements determining the number of required
off-street parking and off-street loading spaces result in the requirement
of a fractional space, any fraction up to and including 1/2 shall
be disregarded. Any units over 1/2 will require an additional space.
[Ord. No. 97-01 § 35.12]
a.
Residential Uses. No parking is permitted in any front yard of any
residential use within any zone except parking may be permitted in
the front yard of a single-family residence if parked on a driveway.
In no instance shall the width of a driveway within a required front
yard exceed 22 feet.
b.
Commercial Zones and Uses. In any Commercial Zone, parking for permitted
uses shall be permitted in the front yard providing that all necessary
buffers are adhered to, a minimum ten foot landscaped area is provided
along the front property line, and a minimum five foot landscaped
area provided along the side lot lines. Landscaping within these areas
shall be in conformance with the requirements of this chapter. Furthermore,
this requirement shall apply to any use which is listed as a permitted
use in any of the above zones, which is located in any other zone
within the Borough as a permitted use, a preexisting non-conforming
use, or is permitted by "use" or "D" variance.
c.
Industrial Uses. Only parking for visitors shall be permitted in
the front yard of Industrial Uses. Furthermore, this requirement shall
apply to any mixed Office/Industrial Uses and mixed Retail/Industrial
Uses whether permitted in a zone, a preexisting non-conforming use,
or permitted by "use" or "D" variance.
[Ord. No. 97-01 § 35.13]
a.
All properties, except single-family residences, shall be limited
to one curb cut each. No curb cut shall be located closer than 10
feet to a side property line, except that on a corner lot, the curb
cut shall be set back not less than 25 feet from the intersection
of the front property lines.
b.
For single family residences, curb cuts shall be located no greater
than five feet from an adjacent property line, except that on a corner
lot, the curb cut shall be set back not less than 25 feet from the
intersection of the front property lines.
[Ord. No. 97-01 § 35.14]
In any Single-Family Residential Zone, paving for parking, loading
or access thereto (unless otherwise restricted) except for entrance
or exit drives crossing front property lines shall not be permitted
within five feet of any property line.
[Ord. No. 97-01 § 35.15]
No required off-street parking or loading area shall be used
for the storage, sale, repair, dismantling or servicing of any vehicle,
equipment, materials or supplies.
[Ord. No. 97-01 § 35.16]
Nothing in this chapter is intended to prohibit the sharing
of access by adjacent uses.
[Ord. No. 97-01 § 35.17]
Off-street parking spaces for the parking of passenger vehicles
of occupants, employees and patrons of main buildings and structures
hereafter erected or enlarged shall be provided and kept available
in amounts not less than specified in this section.
a.
Residential Uses. The minimum required number of parking spaces to
be provided in connection with Residential Uses in any given zone
shall be in accordance with the following regulations:
1.
Single-family, two-family and three-family dwellings: two spaces/unit.
2.
Apartments: 1.75 spaces/unit.
Garage space shall be deemed to meet the required parking space
for residential units provided that each space shall have a minimum
of 240 square feet, and any driveway space which obstructs the access
to or from the garage space shall not be counted as all or part of
any parking space for the purpose of meeting the parking space per
unit requirement.
b.
Non-residential Uses. The minimum required number of parking spaces
to be provided in connection with non-residential uses in any given
zone shall be in accordance with the following regulations:
1.
Auditorium, recreational establishment, movie theater, or other place
of public assembly (including public, parochial and private schools):
one parking space for each three fixed seats or 72 inches of bleachers
for gymnasiums, auditoriums, or similar gathering spaces, at capacity;
or one space for each three memberships in a swim club; or one parking
space for each 100 square feet of gross floor area in cases where
the capacity is not determined by the number of fixed seats or swim
club membership.
2.
Clubs: one parking space for each 100 square feet of gross floor
area.
3.
Home professional office or home occupation: two spaces for the Residential
Use plus one space for each 300 square feet of floor area dedicated
to the office or occupational use.
4.
Assembly, fabrication, research, industrial, wholesale or laboratory:
one parking space for 200 square feet of office space; plus one space
for each 500 square feet of gross remaining floor area for laboratory
or assembly or fabrication uses; plus one space for each 1,000 square
feet for uses devoted strictly to storage or warehousing of goods.
5.
Funeral home or mortuary: one parking space for each 25 square feet
of floor area devoted to assembly rooms for services.
6.
Office, office building, office-research building (not including
medical and dental): one parking space for each 200 square feet of
gross floor area.
7.
Offices (medical and dental): one parking space for each 150 square
feet of gross floor area.
8.
Retail home furnishing (furniture) stores - not including home appliance
stores: one parking space for each 500 square feet of gross floor
area.
9.
Restaurant or tavern (non drive-in or non fast-food franchise): one
parking space for each 150 square feet of gross floor area.
10.
Restaurant (drive-in/fast food): one parking space per three
seats.
11.
Retail store, personal service or custom shop, or studio: one
parking space for each 200 square feet of gross floor area.
12.
Automotive gasoline and service stations: four parking spaces
for each repair bay plus one space for each employee on maximum shift.
13.
Banks: one parking space for each 150 square feet of gross floor
area.
14.
Police, fire and first aid stations and post offices: one space
for each 250 square feet of gross floor area for areas solely devoted
to the principal use; one space for each 100 square feet of gross
floor area for areas used for banquet or social halls.
15.
Churches and synagogues: one space for each two fixed seats,
or one for each 72 inches of benches or one parking space for each
100 square feet of gross floor area for assembly and meeting rooms,
whichever is greater.
16.
Other uses not specifically listed: the same requirement as
for the most similar listed use as determined by the Zoning Officer.
17.
Mixed uses: the total requirement shall be the sum of the requirements
of the component uses, as listed above, computed separately.
18.
Shopping Center - one space per 200 square feet of floor area.
[Ord. No. 97-01 § 36.1]
On the same premises with every retail commercial or industrial
building, there shall be provided and maintained on the lot adequate
space for off-street loading and unloading services in order to avoid
interference with public use of the streets, sidewalks, parking areas,
and public rights-of-way.
[Ord. No. 97-01 § 36.2]
Loading and unloading shall be provided according to the following
schedule:
|
Gross Floor Area in Square Feet
|
Spaces Required
|
|---|---|
|
0 to 25,000
|
1
|
|
25,001 to 50,000
|
2
|
|
50,001 to 75,000
|
3
|
|
75,001 to 100,000
|
4
|
|
Each additional 50,000
|
1 additional
|
[Ord. No. 97-01 § 36.3]
Loading and unloading areas shall be permitted only in the rear
yard.
[Ord. No. 97-01 § 37]
The intention of these requirements is to enhance the aesthetic
and environmental appeal and character of buildings and sites being
developed within the municipality by insuring the compatibility of
uses, thereby maintaining the health, safety, and general welfare
of the community while preserving property values. In addition to
"enhancing aesthetic and environmental appeal", landscaping is also
located to mitigate adverse environmental impacts as well as to provide
true site amenities on a particular site; i.e., screening of winter
winds, blocking of afternoon summer sun. These considerations make
for a better place to live and work in, not only to look at.
[Ord. No. 97-01 § 37-1]
a.
Landscaping Required. All areas in a development not used for construction
of buildings, roads, access ways, parking or sidewalks shall be fully
landscaped in accordance with the regulations of this chapter.
b.
Minimum Landscaped Area Required. In all zones a minimum of 20% landscaped
area shall be provided on every site. Required landscaped area shall
be calculated by subtracting the maximum percentage impervious lot
coverage from 100%. The Planning Board shall have the authority to
determine its distribution, but 25% of all required front yards shall
be landscaped.
In calculating landscaped areas, the areas of plazas, open pedestrian
shopping malls, sitting areas, swimming pools, and ornamental pools
and fountains shall be included. Conventional sidewalks and similar
paved surfaces shall not be included.
c.
Minimum Landscaped Area Along Property Lines. A minimum 10 feet wide
landscaped area shall be provided along all front property lines and
public streets in Commercial and Industrial Zones, except entrance
walks and access drives. The 10 feet shall be measured from the proposed
right-of-way line as designated in the Master Plan.
d.
Street Trees. Street trees shall be required to be planted along
all street frontage, except in a C-1 Zone. The minimum number of such
trees shall total one tree for each 40 feet of frontage. Each tree
shall have a minimum caliper of 2 1/2 inches one foot above the
root crown.
e.
Buffer Requirements.
1.
Where any Multi-family Residential Use abuts a Single-Family Residential
Use, a minimum buffer area of 15 feet shall be provided on the multi-family
site.
2.
Required buffer on residential "thru" lots. On any residential thru
lot, a minimum ten-foot wide buffer shall be required along the street
frontage at the architectural rear of the building if the street is
classified as other than a minor street in the Master Plan. The buffer
shall comply with the standards for a buffer as set forth in this
chapter.
3.
Abutting any Residential Zone. In all zones where Commercial or Industrial
Zone lines abut a Residential Zone, a buffer shall be established
in the Non-residential Zone as follows:
|
VC - Village Commercial - 10 feet
|
|
GC - General Commercial - 10 feet
|
|
LI - Light Industrial - 15 feet
|
4.
No improvements can be made within a required buffer other than fencing,
berming, and planting in accordance with this chapter.
5.
Clearing or Grading Buffer Areas. Areas required for buffers shall
not be cleared or graded prior to development approval as outlined
in the Land Use Procedures portion of this chapter.
6.
At a minimum, required buffers shall include two staggered rows of
minimum six feet high evergreen trees planted 10 feet on center and
10 feet apart. This requirement may be altered by the Planning Board
if existing vegetation makes such an arrangement impractical. The
Planning Board may require a solid architectural fence within specific
buffer areas in order to achieve the goal of a visual and acoustical
barrier, however no fence in a buffer area shall be located closer
than 10 feet to a property line in order to provide sufficient room
for landscaping between the property line and the fence. The required
buffer may be included within the required setback.
f.
Mulching Material. All planting beds shall be covered with a plastic
or similar material to prevent weed growth. Mulching material such
as wood chips, pine bark, or stone shall be placed on top of this
material to a depth of at least four inches. This requirement shall
not apply to single-family, two-family, or three-family residential
uses.
g.
Design. Landscape plans shall be required for all Site Plans and
shall only be prepared under the supervision of and signed by a Certified
Landscape Architect, except for single- and two-family homes, where
no plan is required.
[Ord. No. 97-01 § 38.1]
The intention of these requirements is to provide standards
for the protection of the health, safety and aesthetic values of adjacent
property. All fences and walls over three feet in height shall require
a permit. The Planning Board shall have the authority to waive or
regulate fences at their discretion.
[Ord. No. 97-01 § 38.2]
Within the required sight triangle at the intersection of two
or more streets no wall, fence, hedge or other structure shall be
erected to a height in excess of 2 1/2 feet above curb level,
nor any other obstruction to vision shall be permitted.
[Ord. No. 97-01 § 38.3]
Except as otherwise permitted in this chapter, on any lot in
any residential district, the combined height of any wall or fence
shall not exceed four feet in the required front yard nor more than
six feet in the required side or rear yards. The combined height shall
be measured from the base of the wall to the top of the fence, regardless
of whether or not the fence sits on the top of the wall, provided
that both structures are located in the required yard. Exceptions
to this height restriction include:
a.
Tennis court fences, shall have a maximum height of 12 feet provided
that they are located in a side or rear yard, and provided that they
are located no closer than 10 feet to a property line.
b.
Swimming pool fences may have a maximum height of five feet in any
yard provided that they are located a maximum of 15 feet from the
nearest point of the pool surface, and are not located within any
sight triangle at any street intersection or driveway.
[Ord. No. 97-01 § 38.4]
a.
No fence in a Residential Zone shall be erected of barbed wire, or
electrified or topped with metal spikes or constructed of any material
or in any manner which may be dangerous to persons or animals.
b.
No solid architectural fences or slatted chain link fences three
feet in height or greater shall be permitted around tennis courts
or within a front yard in any zone.
[Ord. No. 97-01 § 38.5]
In any zone, walls or fences erected shall be maintained in
an aesthetically pleasing manner and any failure to do so shall be
subject to the Construction Official's order to repair or replace
the wall or fence in order to meet the requirements of this chapter.
[Ord. No. 97-01 § 38.6]
There shall be a fence of a type approved by the Construction
Official not less than five feet high completely enclosing any below-ground
swimming pool and any other swimming pool of 100 square feet of surface
water area or more and which is less than four feet above the ground.
Each gate in a pool fence shall be self closing and capable of being
locked when not in use.
[Ord. No. 97-01 § 38.7]
The finished side of all fences shall be on the outside facing
away from the lot on which it is erected.
[Ord. No. 97-01 § 39.1]
As a condition to approval and as a condition to continuance
of any business or building, process, installation, production or
other use in any zone, the applicant shall supply evidence, satisfactory
to the Construction Official or to his designated representative,
that the proposed building, process, installation, production or other
use will conform fully with all of the applicable performance standards.
As evidence of compliance, the Construction Official may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant. The
Construction Official may require that specific operation procedures
or methods be followed if the government agencies or testing laboratories
examining the proposed operation shall determine that the use of such
specific types of machinery, equipment, devices, procedures or methods
are required in order to assure compliance with the applicable performance
standards.
[Ord. No. 97-01 § 39.2]
No use shall be established, maintained or conducted that will
cause any of the following:
a.
Atmospheric Pollutants. Dissemination of toxic or noxious smoke,
fumes, gas, dust, odor or any other atmospheric pollutant into the
air to such a degree as to be detrimental to the health and welfare
of residents in the area, as determined by State, regional and local
requirements.
b.
Waste Material. Discharge of any waste material whatsoever on the
site or into any watercourse except in accordance with State, regional
and local requirements.
c.
Glare, Vibration and Noise. Dissemination of glare, vibration, and/or
noise beyond the immediate site on which such use is conducted and
in accordance with this chapter establishing noise performance and
vibration standards.
d.
Hazards. Hazard by reason of fires, explosion, radiation or similar
cause to property in the same or adjacent zones. Safeguards for the
health and safety of workers shall comply with all applicable regulations
and requirements of the State Department of Labor and Industry.
e.
Examination of Applications. All applications shall be examined by
the municipality in regard to the effect of the proposed use upon
the public health of the residents and the surrounding area in respect
to any potential pollution of air, ground water, or ground resulting
from the dissemination of smoke, chemicals, odors or dust from the
industrial processes of the proposed use. A written report indicating
the conformance with or violation of the performance standards shall
be submitted to the Construction Official.
[Ord. No. 97-01 § 39.3]
No liquid wastes shall be discharged directly or indirectly
into any watercourse in the municipality, except as herein provided.
If the applicant proposes to construct facilities for the treatment
of waste, he shall supply the following:
[Ord. No. 97-01 § 39.4]
No materials or waste shall be deposited upon a lot in such
form or manner that they may be transferred off the lot by natural
causes or forces, nor shall any substance which can contaminate a
stream, watercourse or underground aquifer be allowed to enter any
stream, watercourse or underground aquifer. All materials or wastes
which might cause fumes or dust or which constitute a fire or explosion
hazard, or which might be edible or otherwise attractive to rodents
or insects shall be stored indoors in appropriate containers adequate
to eliminate such hazards.
[Ord. No. 97-01 § 39.5]
No industrial waste shall be discharged into the public sewage
collection and disposal system unless the Municipal Engineer and the
appropriate sewerage authority shall have first investigated the character
and volume of such waste and shall have certified in writing that
it will accept the discharge of such waste material into the system.
The applicant shall comply with any requirements of said authorities
including the pretreating of such wastes, the installation of processing
methods, separation or screening of wastes, control of pH, and other
methods of improving such wastes prior to discharge, as a condition
to acceptance by the said authorities.
[Ord. No. 97-01 § 39.6]
In order to satisfy itself that the applicant will comply with
all of the applicable performance standards, the Planning Board or
its designated representative may examine and refer to any or all
of the available standards, codes, regulations and requirements, including
but not necessarily limited to:
a.
Laws, regulations and codes administered by the New Jersey State
Department of Health.
b.
Laws, regulations and codes administered by the New Jersey Department
of Labor and Industry.
c.
State of New Jersey Uniform Building Code.
d.
Applicable standards of the United States Public Health Service.
e.
Applicable standards of the Bureau of Mines, United States Department
of the Interior.
f.
Laws, regulations and codes administered by the New Jersey Department
of Environmental Protection and Energy. If there is a conflict of
the foregoing with local codes, the more restrictive shall apply.
g.
Applicable property maintenance code or codes.
[Ord. No. 97-01 § 40]
Within the districts established by this chapter, or amendments
that may later be adopted, there exist lots, structures, and uses
of land and structures which were lawful before this chapter was passed
or amended, but which would be prohibited, regulated, or restricted
under the terms of this chapter or future amendment. It is the intent
of this chapter to permit these nonconformities to continue until
they are removed, but not to encourage their survival. Such uses are
declared by this chapter to be incompatible with permitted uses in
the districts involved. It is further the intent of this chapter that
nonconformities shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district unless to make such use or structure
conform to minimum safe building standards.
[Ord. No. 97-01 § 40.1]
Structures that are nonconforming according to this chapter
may be continued so long as they remain otherwise lawful. Nonconforming
structures and their use shall not be enlarged, expanded or altered
except to become more in conformity with this chapter. Any replacement
of a nonconforming structure or use shall conform to this chapter.
Any nonconforming structures partially destroyed may be restored or
repaired, but only to the extent of the previous nonconformity. Change
from one nonconforming use to another shall not be allowed except
by approval of the Planning Board. A use or structure shall be deemed
to be abandoned if there has been both an intent and action to abandon
the structure or use by the owner.
[Ord. No. 97-01 § 40.2]
No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming use.
[Ord. No. 97-01 § 40.3]
On any building devoted in whole or in part to any nonconforming
use, repairs and maintenance may be made. Repairs shall be limited
to routine or ordinary repairs. Nothing in this chapter shall prevent
the strengthening or restoring to a safe condition any wall, floor
or roof of any building which is a valid nonconforming structure,
which has been declared unsafe by the Construction Official.
