A. Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building and shall maintain all of the required setbacks for the principal building.

B. Distance between adjacent buildings. The minimum distance between any detached garage and principal building on the same lot shall be twenty-five (25) feet.

C. Height of accessory buildings. The height of accessory buildings shall be as prescribed in Article IV.

D. Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.

A. Landscaping. Landscaping plans shall be provided for all site plans in accordance with the following requirements:

(1) All areas in a development not used for construction of buildings, roads, access ways, parking or sidewalks shall be fully landscaped in accordance with these regulations.

(2) All landscape plans shall have a schedule of the Latin and common name, the quantity, the size, spacing and method of planting of each plant material.

(3) A minimum landscaped area of five (5) feet wide shall be provided along all property lines including public streets.

(4) Parking areas and other strictly utilitarian improvements shall be screened as fully as practicable.

(5) All street trees and on-site deciduous shade trees shall not be less than two and one-half (2.5) inches in diameter measured one (1) foot above the root crown.

(6) In the event that any required plantings do not live within one (1) year of planting, they shall be replaced by the developer prior to the end of the next planting season.

(7) A minimum of 10% of the total lot area shall be landscaped.

B. Additional requirements for hedges and vegetation for all parcels in all zones.

(1) All hedges, trees or shrubs shall be properly cut, trimmed and maintained by the owner of the property on which the base of the plant is located. [Amended 5-9-11 by Ord. No. 6-2011]

(2) No hedge shall be allowed within fifteen (15) feet of the curb bordering the premises, except as otherwise required or permitted in this Ordinance.

(3) All trees, shrubs, and other vegetation overhanging the sidewalk and/or the public way such as streets and lanes shall be trimmed for clearance thereunder of not less than seven (7) feet in height.

(4) No vegetation, with the exception of street trees that are trimmed for a clearance thereunder of not less than seven (7) feet, shall exceed two and one half (2.5) feet in height within any sight triangle.

(5) No row or cluster of three (3) or more trees or shrubs that exceed four (4) feet in height, or hedges that exceed four (4) feet in height, will be allowed between a street and the closest wall of a principal building.

(6) No row or cluster of three (3) or more trees or shrubs that exceed ten (10) feet in height, or hedges that exceed ten (10) feet in height, will be allowed in any side or rear yard unless otherwise required or permitted in this Ordinance. For the purpose of this section, "row or cluster" shall describe an arrangement forming a fence-like barrier. [Amended 5-9-11 by Ord. No. 6-2011; 10-22-12 by Ord. No. 10-2012]

C. Fences on all parcels in all zones shall be subject to the following requirements.

(1) No fence of any type or material whatsoever shall be erected or constructed without obtaining a construction permit.

(2) No fence shall exceed four (4) feet in height except that a fence not in excess of six (6) feet in height may be permitted along the side lines up and along the rear property line commencing from the rear of the dwelling for the purpose of enclosing the rear yard. All fences shall be properly supported and braced, and shall not be electrically charged, spiked or barbed wired. All gate openings must be not less than three (3) feet in width.

(3) All fences shall be symmetrical in appearance, posts separated by identical distances and fencing confirming to definite pattern and size of uniform design, separation for open construction. The same shall be kept in good repair, regularly painted, good appearance and clean condition. The finished side of all fences and walls shall be constructed to face toward the adjacent property.

(4) No solid architectural fence shall be permitted above five (5) feet high except as specifically required by §113-29B of this chapter. For the purpose of this requirement, a solid architectural fence shall mean any fence where the structural components form a solid physical barrier. Examples of such fences include a stockade or solid vinyl fence. Fences may be permitted up to a height of six (6) feet provided that, at a minimum, any portion of the fence above five (5) feet in height shall consist of a screening material such as lattice.

(5) No fence shall be allowed within twenty (20) feet of the intersection of any road, or located between a street and the wall of the first floor of a principal building.

A. All parking areas, walkways thereto and appurtenant passageways and driveways, serving commercial, public office, industrial, garden apartments, townhouses and other similar uses having off-street parking and loading areas, and building complexes requiring area lighting, shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for non-glare, color-corrected lights focused downward and properly shielded.

B. The light intensity provided at ground level shall be a minimum of three-tenths foot candle anywhere in the area to be illuminated, shall have a minimum average of five-tenths (.5) foot candle over the entire area and shall be provided by fixtures with a mounting height not to be more than twenty (20) feet measured from the ground level to the center line of the light source or the height of the building if attached, whichever is lower.

C. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety, and overhead sky glow.

D. The objective of these specifications is to provide safe and adequate on-site lighting and to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. No multiple string lights, except holiday lighting, shall be permitted in any zone to illuminate or attract whether in parking areas, display areas, or yard areas.

E. To achieve these requirements, the intensity of such light sources, light shielding, and similar characteristics shall be subject to site plan approval by the municipal agency.

F. All light stanchions or poles shall be located within a curbed, landscaped island.

A. The lawful use of land or structures existing at the date of adoption of this chapter, as amended, may be continued although such use or structure is non-conforming to the provisions specified in this chapter, as amended, for the zoning district in which such use or structure is located except as provided by law.

B. Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a non-conforming use or structure.

C. Any nonconforming use, structure or lot may change ownership and continue to function as the same non-conforming use, structure or lot provided all other provisions of this chapter and other applicable laws are met.

D. Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use. No structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal to the Planning Board. Any improvement to a seasonal nonconforming use that would alter the seasonal nature of the use would also require approval of the Planning Board.

E. A prior nonconforming structure may be structurally altered if such alteration neither increases the existing nonconformity nor creates a new violation.

F. No part of the first floor or street floor of any garage or storage building shall be used for living or dwelling purposes.

A. General provisions.

(1) Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with §113-19.

(2) Surfacing, curbing and driveway locations

(a) Where a site plan is required, all parking and loading areas and access drives shall be paved as determined by the Borough Engineer and Board and approved as part of the site plan approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

(b) Where a site plan is required, off-street parking and loading areas shall be provided with curbing or curb stops so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones and street right-of-ways and so that each parking and loading area has controlled entrances and exits and drainage control. Curbing or wheel stops shall be located to prevent any part of a vehicle from overhanging internal and public sidewalks or landscaped areas. Parking and loading spaces shall not be an extension of any street right-of-way.

(c) Driveways for residential uses that do not require site plan approval shall be paved with bituminous concrete, Portland cement, concrete pavers, a compacted stone or gravel surface, or a similar surface. Parking and driveways shall not consist of lawn or similar surfaces. Any residential use that abuts a lane shall have driveway access from the lane only.

(3) Location of parking spaces. All required off-street parking spaces shall be located on the same lot or premises as the use served.

(4) Type of Facility.

(a) Parking spaces may be on, above, or below the surface of the ground. When parking spaces are provided within a garage, or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.

(b) Parking may occupy front, side and rear yard areas subject to site plan approval. The provisions of parking and loading spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

For Parking Spaces Nine (9) Feet Wide

B. Specified requirement for number of parking spaces. Each individual use shall provide parking spaces according to the following provisions. Where a permitted use of land includes different specified activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

(1) Residential Dwelling Units - As per N.J. Residential Site Improvement Standards.

(2) Retail and service activities, banks and offices shall provide parking at the ratio of five (5) spaces per one thousand (1,000) square feet of gross floor area.

(3) Restaurants shall provide a minimum of one (1) parking space from every four (4) indoor seats, but in all cases, a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles. (Note - Outdoor seating in the General Commercial and Downtown Commercial Districts is exempt from this requirement.)

C. Loading space required.

(1) Specified requirement for number of loading spaces. Each individual site containing retail or industrial use shall provide a loading space.

(2) The minimum size of the required loading space shall be 10' x 30' on all sites less than fifteen thousand (15,000) sq. ft. in area, and 10' x 45' for all sites greater than fifteen thousand (15,000) sq. ft. in area.

An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any use of any structure.

A. Drainage. No storm water or natural drainage that originates on the property or water generated by the activity, e.g., air conditioners, swimming pools, shall be diverted across property lines unless transported in an approved or existing drainage system.

B. Electrical and/or electronic radiation control. All electrical or electronic devices located within the boundaries of a dwelling unit; manufacturing industrial or commercial building; medical clinic; or professional office, shall be subject to the provisions of Public Law 90-602, 90th. Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation". Radiation products, as defined in DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. Applicant shall, upon request, produce certified data wherein measurements made in accordance with the procedure and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance to the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100KHz and 10GHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations.

C. Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.

D. Heat. No use shall produce heat perceptible beyond its lot lines.

E. Noise. Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey State Department of Environmental Protection as they are adopted and amended.

F. Odor. Odors shall not be discernible at the lot line or beyond.

G. Storage and Waste Disposal. No materials or wastes 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 be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source or water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards, provided however that indoor storage of materials for commercial purposes is prohibited in residential zones.

H. Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans for any use shall be permitted to discharge exhausted air unless set back from all property lines ten (10) feet or equipped with baffles to deflect the discharged air away from the adjacent use.

I. Vibration. There shall be no vibration that is discernible to the human sense of feeling beyond the immediate lot.

J. Grade Change. Existing, natural grading on a lot may not be significantly changed (more than one (1) foot) for the purpose of increasing allowed building structure. [Added 5-9-11 by Ord. No. 6-2011]

Unless otherwise specified for a particular zoning district, no more than one (1) principal structure shall be permitted on one (1) lot.

A. General provisions. No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. The erection of any permanent sign shall require a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be free-standing or attached to buildings in an approved manner.

(1) Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

(2) Height: No free-standing or attached sign shall be higher at any point than the roof line of the building, except that no sign shall exceed any lesser height if particularly specified, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles such as, but not limited to, driveway and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least ten (10) feet above the walkway.

(3) Free-standing signs shall be supported by one (1) or more columns or uprights that are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be made a permanent support of the free-standing sign.

(4) Illuminated signs shall be arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.

(5) Information and direction signs. Street number designations, postal boxes, on-site directional and parking signs and warning signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed one (1) square foot in area.

(6) Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

(7) Portable signs. No sign shall be exhibited which is portable, i.e., fixed on a movable stand, self-supporting without being firmly embedded in the ground, supported by other objects, mounted on wheels or movable vehicles, or made easily movable in some other manner.

(8) Temporary real estate signs. Signs temporarily advertising the sale, rental or lease shall be attached to the principal structure or embedded in the ground within ten (10) feet of the principal structure. Such signs shall not exceed four (4) square feet in area and shall be removed at the expense of the advertiser within thirty (30) days after the termination or completion of the matter or business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and the date of legal closing. All such signs do not need a construction permit and are hereby permitted in all zones.

(9) Sign area. The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

(10) Signs with two (2) exposures. Such signs shall be measured for area by using the surface of one (1) side of the sign only. Both sides may be used.

(11) Temporary signs. Interior window signs shall not be considered in computing the allowable signs provided, however, that such interior signs shall not exceed twenty (20%) percent of the total window area.

(12) Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than six (6) inches from the building.

(13) Political Signs. Temporary political signs may be erected or displayed on any portion of the principal structure or embedded in the ground within ten (10) feet of the principal structure. Such signs shall not exceed four (4) square feet in area and shall not be displayed on or before fourteen (14) days prior to the date set for the holding of the election at which the candidate or candidates are to be nominated or elected, or a referendum is to be held, and must be removed from the premises not later than three (3) days after said election. Such signs are permitted in all zones.

B. Permitted signs. The following signs are permitted for uses as specified in Article IV of this chapter.

(1) Residential District.

(a) Churches, schools and public uses: one (1) free-standing sign not exceeding twenty (20) square feet in area and ten (10) feet in height and set back at least eight (8) feet from all street rights-of-way and lot lines, or one (1) attached sign not exceeding twenty (20) square feet in area.

(2) General Commercial, Mixed Office/Residential, and Downtown Commercial Districts.

(a) Free-standing signs.

(i) One (1) such sign shall be permitted on each lot. No free-standing sign shall have a total height greater than twenty (20) feet above the level of the street on which the sign faces. The bottom edge of the sign shall not be less than ten (10) feet above the ground, and the background area of the sign shall not exceed twenty (20) square feet on any one (1) surface.

(ii) No portion of any free-standing sign shall be located within or be suspended over a public right-of-way or pedestrian walk.

(iii) No free standing sign shall be within ten (10) feet of a public right of way.

(b) Wall signs. One (1) such sign shall be permitted for each business establishment. No wall sign shall exceed five (5%) percent of the area of the facade on which it is located, or exceed twenty (20) square feet in total background area, whichever is less. No wall sign shall be permitted on the side or rear of buildings.

(c) The Construction Official shall have the power and authority to inspect said sign boards of advertising signs and if, in the judgment of said Construction Official, any sign shall be considered dangerous or unsafe, he shall notify the owner or occupant of said building in writing, to make the sign safe or remove said sign within three (3) days from the date of service of said notice, and failure of the owner or occupant of said building to comply with the order of said Construction Official shall be deemed a violation of this chapter.

(d) Every sign or other advertising structure, lawfully in existence upon the adoption of this chapter, if damaged or destroyed more than fifty (50%) percent shall not be repaired, altered or moved unless it is made to comply with the provisions of this section.

(e) Temporary political signs as permitted in 113-24A(13) above.