[Amended 4-16-1996 by Ord. No. 713]

The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that:

A. A travel trailer, camper or small boat shall not exceed 28 feet in length and eight feet in width.

B. Only one such travel trailer or camper and one small boat shall be permitted to be stored outdoors at any single-family residence.

C. Such storage shall not be located in any front yard. During the boating season (April 1 to November 1) of each year, boats may be parked in the driveway of designated areas.

D. Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.

E. Permanent or temporary overnight occupancy or use of a trailer, travel trailer, motor home, boat or recreational vehicle is not permitted in any zone, except that, in emergency situations, such occupancy or use may be permitted by the Borough Council for a period not to exceed 60 days. For good cause shown, the Council may extend the period of occupancy.

A. No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of ten thousand (10,000) pounds or having more than two (2) axles shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.

B. Not more than one (1) motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of ten thousand (10,000) pounds or less, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.

C. The aforementioned regulations for commercial vehicle storage shall not apply to vehicles located on and necessary to the operation of a farm.

[Amended 12-13-1993 by Ord. No. 670]

No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and the Freshwater Wetlands Act of 1987 and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection and Energy or delineated in accordance with regulations promulgated under the Act, except in accordance with a permit issued under the Act.

A. A developer applying for site plan or subdivision approval pursuant to Article VI of this chapter shall apply to and may be required to submit a soil erosion and sediment control plan to the Freehold Soil Conservation District for conformance with the New Jersey State Standards for Soil Erosion and Sediment Control.

B. The applicant shall provide a copy of the district certification of approval or letter of exemption.

A. Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located no closer than fifteen (15) feet to any property line.

B. Freestanding antennas over twenty (20) feet in height or antennas extending twenty (20) feet above the point of attachment to a building shall be built to withstand winds of one hundred (100) miles per hour.

Within a flood hazard area designated pursuant to Article X, § 9410.13B, and regulated pursuant to § 94-10.13, the following design standards shall apply to developments requiring a floodplain encroachment permit:

A. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

B. Construction materials and methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction of substantial improvements shall be constructed by methods and practices that minimize flood damage.

C. Utilities.

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood damage.

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

D. Subdivision proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres.

(5) In reviewing subdivision applications, § 94-5.13, Preservation of natural features, and § 94-8.23, Lots, may be applied.

E. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest structural member, including the basement, elevated one (1) foot above the base flood elevation.

F. Nonresidential construction, New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest structural member, including the basement, elevated one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.

G. Additional conditions. In areas of special flood hazard, any or all of the following measures may also be required:

(1) Floodproofing to include any or all of the following(a) Installation of watertight doors, bulkheads and shutters or similar devices.

(b) Reinforced walls to resist water pressures.

(c) Use of paints, membranes or mortars to reduce seepage of water through walls.

(d) Addition of weight to structures to resist flotation.

(e) Installation of pumps to lower water levels in structures.

(f) Pumping facilities, or comparable measures, for the subsurface drainage system of buildings to relieve external foundation wall and basement flood pressures.

(g) Construction that resists rupture or collapse caused by water pressure or floating debris.

(h) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.

(i) Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to inundation and flooding.

(j) Adequate emergency electrical power supplies.

(2) Imposition of operational controls. sureties and deed restrictions.

(3) Requirements for construction of dikes, levees and other protective measures.

(4) Installation of an adequate flood warning system on the project site.

(5) All fill and other earth work must be established according to the Freehold Soil Conservation District.

H. Floodways. Located within areas of special flood hazard established in 94-10.13B are areas designated as floodways.

Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

(1) Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) If Subsection G(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 94-5.27.

(3) The placement of any structure in a floodway is prohibited.

(4) In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than two-tenths (0.2) of a foot at any point.

I. Floodplains and resource protection areas. Site plan and subdivision layouts shall comply with the following

(1) No structure or parking area, including but not limited to commercial businesses and residential buildings, or fill, will be allowed within fifty (50) feet of the one-hundred year floodplain of existing ponds, lakes, floodways. stream corridors nor within wetlands, marshlands and riparian lands, unless a regulated use permit has been issued in accordance with the procedure and regulations of § 945.27 of this chapter.

(2) Impervious surfaces shall not exceed twenty percent (20%) of the area of the tract within eighty (80) feet of a floodplain, without a regulated use permit.

(3) Any other resource protection area, as herein defined, including but not limited to marshlands (areas wherein standing water is retained for twenty-four (24) or more consecutive hours and to which vegetation unique to marshes, swamps or wetlands has become adapted) and areas where conservation is required, shall not be encroached upon if, in the opinion of the Borough Engineer, through consultation with the Environmental Commission, encroachment or construction upon such resource area will constitute a hazard to existing drainage patterns and to the balance of the natural environmental systems within and adjacent to the area of the site.

J. Design waivers. The Planning Board may grant waivers from the design standards of this section. In reviewing requests for waivers, the Board shall consider the following(1) Waivers may be issued for new construction and substantial improvements to be erected on a lot of one- half NO acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the standards of this section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

(2) Waivers may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.

(3) Waivers shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4) Waivers shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief.

(5) Waivers shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the waiver would result in exceptional hardship to the applicant; or

(c) A determination that the granting of a waiver will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; or conflict with existing local laws or ordinances.

(6) Any applicant to whom a waiver is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(7) In reviewing a request for a waiver, the Planning Board may consider the following(a) The danger to life and property due to increased flood heights or velocities caused by encroachments.

(b) The danger that materials may be swept onto other lands or downstream to the injury of others.

(c) The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination and unsanitary conditions resulting from flooding.

(d) The susceptibility of the proposed use to flood damage and the effects of such damage.

(e) The need for a waterfront location and the availability of alternate locations not subject to flooding within the applicants property.

(f) The duration, rate of rise, effects of wave action, velocity and sediment transport of floodwaters expected at the site.

(g) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(h) The extent to which the water-carrying capacity of the floodway or channel would be disrupted.

(i) The degree to which the proposed use would serve the general public health, safety and welfare.

(j) The degree to which any aspect of the food chain or plant, animal, fish or human life processes would be affected adversely within or beyond the proposed use area.

(k) Whether the proposed use provides adequate facilities for the proper handling of litter, trash, refuse and sanitary and industrial wastes.

(1) The degree to which the proposed activity would alter natural water flow or water temperature.

(m) The degree to which archaeological or historic sites and structures are endangered or rare species of animals or plants and irreplaceable land types would be degraded or destroyed.

(n) The degree to which the natural, scenic and aesthetic values at the proposed activity site could be retained.

(o) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, and streets and bridges.

A. As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards.

(1) As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.

(2) The municipal agency may require that specific types of equipment, machinery or devices shall be installed, or that specific operating procedures or methods shall 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.

(3) Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.

(4) If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Administrative Officer (Zoning Officer) may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question.

(5) Conditional permit.

(a) In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.

(b) Within thirty (30) days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.

B. Applicability and enforcement of performance standards.

(1) Applicability.

(a) Prior to construction and operation. Any application for a development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.

(b) For existing structures. Any existing structure or use which is, after the effective date of this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.

(2) Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).

(3) Termination of violation. All violation shall be terminated within thirty (30) days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.

(4) Violation inspection. Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this Article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements and analyses.

C. Performance standards established.

(1) Noise.

(a) The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.

(b) No person shall cause, suffer, allow or permit nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:

[1] A continuous airborne sound which has a sound level in excess of fifty (50) decibels.

[2] A continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one (1) or more octave bands:

[3] An impulsive sound in the air which has an impulsive sound level in excess of eighty (80) decibels.

(c) The provisions of this section shall not apply to:

[11 Agriculture.

[2] Bells, chimes or carillons while being used in conjunction with religious services.

[3] Commercial motor vehicle operations.

(4)] Emergency energy release devices.

[5] Emergency work to provide electricity, water or other public utilities when public health or safety are involved.

[6] National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger, such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.

[7) Noise of aircraft flight operations.

[8] Public celebrations.

[9] Public roadways.

[10] Stationary emergency signaling devices.

[11] Surface carriers engaged in commerce by railroad.

[12] Rail operations.

[13] The unamplified human voice.

[14] Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosives Act (N.J.S.A. 21:1A-128 et seq.).

(2) Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.

(a) Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three (3) minutes in any thirty (30) consecutive minutes.

(b) Solid particles.

[1] In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than fifty percent (50%) of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.

[2] In any other zone, except industrial zones, the allowable discharge shall be seventy-five percent (75%) of the allowable emission permitted by the New Jersey Air Pollution Control Code.

[3] In the industrial zone. the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.

[4] No open burning shall be permitted in any zone.

[5] All incinerators shall be approved by the State Department of Environmental Protection.

[6] Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.

(c) Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part I (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.

(3) Liquid waste. No liquid waste shall be stored outside or discharged into any watercourse, storm drain or sewage collection and disposal system nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Borough Public Works Department, Health Department and Borough Engineer and where required by the New Jersey Department of Environmental Protection. No liquid wastes may be stored outdoors.

(4) Solid waste. All uses in the borough shall:

(a) Assume full responsibility for adequate and regular collection and removal of all refuse, except if the borough assumes the responsibility.

(b) Comply with all applicable provisions of the Air Pollution Control Code.

(e) Comply with all provision of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council, of the State Department of Environmental Protection.

(d) Permit no accumulation on the property of any solid waste, junk or other objectionable materials.

(e) Not engage in any sanitary landfill operation on the property, except as may be permitted by other borough codes and ordinances.

(5) Radiation. All uses of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the United States Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law. N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.

(6) Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the Building Code of the borough, and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Shrewsbury Borough Fire Department.

(7) Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of one-tenth (0.1) inch per second for impact vibrations. Particle velocity is to be determined by the formula 6.28FA, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three component measuring system shall be used. For the purpose of this chapter, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute shall be considered impact vibrations.

(8) Electromagnetic interference. There shall be no electromagnetic interference that:

(a) Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference; or

(b) Is not in conformance with the regulations of the Federal Communication Commission.

(9) Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than two degrees Celsius (2 C) at or beyond the boundary of any lot line.

(10) Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.

(11) Glare. There shall be no direct or sky-reflected glare exceeding one and one-half (1 1/2) footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of one-tenth (0.1) footcandle in residential districts.

(12) Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:

(a) The illumination provided by artificial lighting on the property shall not exceed five-tenths (0.5) footcandle beyond any property line.

(b) Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.

(c) Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.