§ 94-54. Performance standards.

A. Electricity. Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property.

B. Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control and level of monitoring to be conducted.

C. Storage and waste disposal. No materials shall be deposited so that they can be transferred off the lot, directly or indirectly, by natural forces, such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department.

§ 94-55. (Reserved)

§94-56. Public utilities.

All public services shall be connected to approved public utilities systems where they exist.

A. The distribution supply lines and service connections shall be installed underground, except lots which abut streets with existing overhead electric or telephone lines may be supplied from those overhead lines, but the service connections shall be installed underground. Should a road widening or an extension of service occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

B. Where soil conditions, rock formations, woods or other special conditions exist, the developer may apply to the approving authority for an exception from the terms of this section. If overhead lines are permitted, pole locations shall avoid horizons, there shall be selective tree cutting and a staggered alignment and trees shall be planted in key locations to minimize the views of the poles and alignments, which poles shall follow rear lot lines and other interior locations and similar considerations to lessen the visual impact.

C. In the case of any subdivision of any existing multiple dwelling, there shall be individual sewage laterals, water services and utility services. There shall be no common sewage laterals, water lines or services or utility services or other utility appurtenances between any separate points and the point of connection to the utility collection or distribution system. [Added 4-24-79 by Ord. No. 9-791

§ 94-57. Sanitary sewers.

If a central sewage treatment and collection system is accessible, the developer shall connect to the system.

§ 94-58. Service stations.

A. All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.



B. Floor drains shall not be connected to the sanitary sewer system.

C. It is intended that service stations not be stripped along available highway frontage or at each quadrant of a convenient intersection, and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping. No service station shall have an entrance or exit for vehicles within two hundred (200) feet along the same side of a street of any school, playground, church, hospital, public building or institution, except where such property is on another street which the lot in question does not abut.

§ 94-59. Shade trees.

All shade trees shall have a minimum diameter of two and fivetenths (2-5) inches measured three (3) feet above the ground and be of a species approved by the approving authority. Trees shall be planted fifty (50) feet apart along all new streets located twenty (20) feet from the curbline and shall be balled and burlapped, nursery-grown, free from insects and disease and true to species and variety. Stripping trees or filling around trees in the yard portion of a lot shall not be permitted unless it can be shown that grading requirements or thinning necessitate removal of trees, in which case those lots shall be planted to reestablish the tone of the area and to conform to adjacent lots. Planted trees that do not live shall be replaced by the developer during the next planting season.

§ 94-60. Sidewalks.

Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety, considering the probable volume of pedestrian traffic, the adjoining street classification, school bus stops and the general type of improvement intended. Where required, sidewalks shall be at least four (4) feet wide and four (4) inches thick, except at points of vehicular crossing where they shall be at least six (6) inches thick and of Class B concrete. Where sidewalks cross curbs, curb ramps shall be provided as outlined in "Curbs and gutters," § 94-43.

§ 94-61. Sight triangles.

Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right of-way, kept as part of the lot and identified as a sight triangle easement or retained as private property free of visual obstruction in accordance with the standards set forth herein. All applications for development wherein sight triangles are required shall provide them through easement or right-of-way dedications. No grading, planting or structure shall be erected or maintained more than thirty (30) inches above the center-line grade of the intersecting street or driveway or lower than eight (8) feet above their center lines, excluding street name signs and official traffic regulation signs. Where any intersection involves earth banks or vegetation, including trees, the developer shall trim and grade to provide the sight triangle. The sight triangle is that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines and following distances away from the intersecting street lines: arterial streets at 130 feet; collector streets at 60 feet; and primary and secondary local streets at 35 feet. Where the intersecting streets are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. Any development requiring site plan approval shall provide sight triangles at each driveway, with the driveway classified as a local street for purposes of establishing distances. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan, or as designated by the approving authority where a new street is not included on the Master Plan. A sight triangle easement shall be expressed on the plat as follows: 'Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Washington Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and minimum setbacks required by the zoning provisions.

§ 94-62. Signs.

A. Residential zone districts and the OB Zone. [Amended 11-27-1984 by Ord. No. 20-84]

(1) Only the following signs shall be permitted:

(a) One nameplate sign or customary sign for permitted nonresidential uses, not to exceed more than two square feet in area per use in the residential zones and 12 square feet in area per use in the OB Zone. Said sign may be either a nonilluminated or illuminated nonflashing sign, provided that the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property.

(b) Off-premise informational signs within the State of New Jersey Department of Transportation highway right-of-way of Route Nos. 57 and 31 for churches and nonprofit IRC 501(C) organizations located in the borough with a maximum size of 24 inches by 30 inches. Off-premise directional signs within the right of-way of any state, county or municipal government for churches and nonprofit IRC 501(C) organizations located in the borough with a maximum size of 18 inches by 24 inches. [Amended 10- 3-2000 by Ord. No. 12-2000]

(c) A sign not more than 16 square feet in area advertising the name of a church on the premises, its pastor and its coming events.

(d) For garden apartment or townhouse projects, one freestanding sign giving the name of the project, not more than 16 square feet in area with a maximum height of four feet and not closer than 10 feet to any street line.

(e) A nonilluminated temporary sign pertaining to the lease or sale of the premises upon which it is placed, not exceeding eight square feet in total area, provided that it shall be removed within seven days after the closing of title or the execution of a lease. [Added 6- 25-1985 by Ord. No. 12-85]

(2) None of the signs permitted in the residential districts or OB Districts shall be erected nearer any street or road than five feet back from the edge of the right-of-way, provided that a nameplate sign not more than 72 square inches in area, as regulated above, may be placed anywhere in the front yard.

B. B-1 and B-2 Districts.

(1) In the B-1 and B-2 Districts, no sign shall be permitted which is not accessory to the business conducted on the property. Such sign may only be erected on any exterior wall, provided that all of the following requirements are met:

(a) No business establishment shall permit a total of more than four signs; provided, however, that no exterior wall shall contain more than two of the four permitted signs. The total sign area for the sign or signs permitted on the. face of any wall shall not exceed 20% of the area of the face of the wall upon which such sign or signs are attached.

(b) No sign or any part thereof shall be lighted by means of flashing, intermittent or rotating illumination. All lights used for the illumination of business establishments or for the illumination of business buildings or areas surrounding them, or for the illumination or display of merchandise or products of business establishments, shall be completely shielded from the view of vehicular traffic using the road or 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.

(c) No sign as permitted shall extend or project above the highest elevation of the wall to which it is attached; provided, however, that signs may project above said wall when they are an integral part of the building, and further provided that said signs shall not exceed a height of eight feet above the height of the building.

(d) In shopping plazas or shopping centers or developments or in commercial buildings in which a number of stores or other business establishments is located and which shopping centers or buildings provide off-street parking in accordance with the terms of this chapter and use covered arcades or porches along a portion of the off-street parking area or court, such porches and/or marquees over the sidewalk areas shall be construed as integral parts of the building for the purpose of this section. Signs, subject to the limitations of this article, may be erected in front of each store or commercial unit within such shopping center or plaza, attached to the roof or marquee over the sidewalk area, and the sign area in each such case shall be computed with reference to the front wall area of each commercial unit or store along the sidewalk or marquee to which it is appurtenant.

(e) Where a building has a canopy or marquee constructed as an integral part of said building, for the purpose of administering this section, the front line of said canopy or marquee shall be construed as being the face of the building.

(2) Off-premise informational signs within the State of New Jersey Department of Transportation highway right-of-way of Route Nos. 57 and 31 for churches and nonprofit IRC 501(C) organizations located in the borough with a maximum size of 24 inches by 30 inches. Off-premise directional signs within the right-of-way of any state, county or municipal government for churches and nonprofit IRC 501(C) organizations located in the borough with a maximum size of 18 inches by 24 inches. [Amended 10-3-2000 by Ord. No. 12-2000]

(3) In addition to the above regulations, all flat signs, that is, signs attached and parallel to the face of any building wall, shall further comply with the following requirements:

(a) No sign shall extend further than 15 inches from the face of the building upon which it is attached; provided, however, that where a sign extends more than three inches from the face of said wall, the bottom of said sign shall not be closer than 10 feet to the ground level below said sign.

(b) The maximum height of any single sign shall not exceed five feet.

(4) Every business establishment is permitted one overhanging sign, that is, a sign attached and perpendicular to the store front, provided that all of the following requirements are complied with:

(a) Not more than one overhanging sign shall be permitted on the exterior wall of a business establishment which faces on an abutting street. Corner lots shall be construed as having frontage on both streets, and one overhanging sign shall be permitted for that establishment on both abutting streets.

(b) No overhanging sign shall project more than three feet from the wall to which it is attached; provided however, that any business establishment may exceed the above-mentioned three foot projection limitation at a ratio of one foot of projection for each five feet of space in excess of 15 feet between said sign and the nearest adjoining business or property. Notwithstanding any provisions of this article, no overhanging sign shall project more than six feet from the wall to which it is attached.

(5) Gasoline service stations and public garages where permitted only may display, in addition to the foregoing signs, the following signs which are deemed customary and necessary to their respective businesses:

(a) One freestanding or pylon sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 40 square feet in area on a side and shall be hung within five feet of the property line and not less than 10 nor more than 20 feet above the ground.

(b) One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that said sign does not exceed seven square feet in area.

(c) Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, the letters thereof shall not exceed 12 inches in height and the total of each such sign shall not exceed six square feet.

(d) Customary lettering on a gasoline pump or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead-warning sign, a price indicator and any other sign required by law, not exceeding a total of three square feet on each pump; and, if illuminated, such signs shall be nonflashing and shall not in any manner constitute a traffic hazard with respect to adjacent streets or intersections.

(e) A nonilluminated credit card sign not exceeding two square feet in area, which may be placed on or near the gasoline pump.

(6) Notwithstanding any of the foregoing provisions, one freestanding or pylon sign advertising the business lawfully conducted on the same property is permitted in the B-1 Highway Business District, provided that all of the following are complied with:

(a) A front yard of not less than 50 feet shall be maintained for the main building.

(b) The area of such freestanding sign shall not exceed 40 square feet on each of two sides.

(c) The height of such freestanding sign above the elevation of the nearest curb shall not exceed 20 feet, and the lowest edge of the sign shall be no less than 10 feet above the elevation of the nearest curb. [Amended 11-6-1989 by Ord. No. 15-89]

(d) No portion of such freestanding sign or any of its supporting members shall be closer than five feet to any property line or front street right-of way line.

C. I Industrial District. In the I Industrial District, only the following signs are permitted, provided that all of the following requirements are complied with:

(1) One freestanding sign, provided that said sign is not placed in the front half of the setback required for the principal building and is accessory to the business conducted on the property.

(2) Said sign complies with the side yard requirements for the principal building.

(3) The length of the permitted sign is not over 20% of the width of the building that the sign will set in front of, but in no case shall the length of the sign exceed 20 feet.



(4) The height of said sign shall not exceed 1/2 the length as permitted above, but in no case shall the height of the sign exceed 10 feet.

(5) Signs attached to a building may be permitted, as regulated in Subsection B.

(6) Off-premise informational signs within the State of New Jersey Department of Transportation highway right-of-way of Route Nos. 57 and 31 for churches and nonprofit IRC 501(C) organizations located in the borough with a maximum size of 24 inches by 30 inches. Off-premise directional signs within the right-of-way of any state, county or municipal government for churches and nonprofit IRC 501(C) organizations located in the borough with a maximum size of 18 inches by 24 inches. [Amended 10-3-2000 by Ord. No. 12-20001

D. General regulations. [Added 11-27-1984 by Ord. No. 20-84]

(1) No banner, flag, bunting or other sign made of plastic, cloth or other fabric shall be suspended or affixed in any way to any building or other support on a temporary or permanent basis in any zone except as an indication of the opening of a business or other commercial enterprise of the type permitted in the B-1 Highway Business District and then only for a period of 30 days from the date of such opening.

(2) No temporary sign or portable roll-about sign constructed on a trailer or other wheeled support or constructed on skids or in any other manner to make the same mobile shall be permitted in any zone, except where erected on a temporary basis by the Borough of Washington or a political subdivision thereof to call attention to political events or holidays.

(3) Notwithstanding any other provision of this chapter, a nonprofit group, corporation, association, partnership or other body of any of the types permitted to be nonprofit corporations by the New Jersey Corporation Act may be permitted to erect a ground sign or premises occupied and used by such group, provided that such sign does not exceed 64 square feet in total sign area, is not located any closer than five feet from the boundary on the right of- way, is removed two weeks after being placed there and further provided that the same does not impinge upon adjoining properties or driveways in such manner as to cause a visibility problem or other safety hazard to pedestrians or vehicular or other traffic.

(4) Signs indicating driveways, entrances, exits and the like intended to guide the flow of traffic shall be permitted in all nonresidential uses, in accordance with the standard sizing thereof as set forth in the Manual on Uniform Traffic Control Devices published by the United States Department of Transportation, as amended and supplemented from time to time. [Amended 10-3-2000 by Ord. No. 12-2000]

(5) Construction signs:

(a) Construction signs, nonresidential. No more than one sign naming the project under construction and the participating firms and individuals is permitted on the construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of 64 square feet.

(b) Construction signs, residential. Not more than two temporary ground signs for an approved residential development shall be permitted, provided that each sign does not exceed 12 square feet, shall be no closer than 15 to any street or side lot line and shall be removed within 30 days after all the lots or units have been sold.

(6) No sign with curved faces or more than two faces shall be permitted in any zone.

§ 94-63. Soil erosion and sediment control.

All major site plans and major subdivisions shall incorporate soil erosion and sediment control programs meeting the requirements of the Soil Erosion and Sediment. Control Act and the standards and specifications for soil erosion and sediment control in Washington Borough as adopted in Chapter 69 of the Borough Code.

§ 94-64. Soil removal.

The removal of soil is regulated in Chapter 73, Soil Removal, of the Borough Code.

§ 94-65. Streets.

A. All developments shall be served by paved streets. Streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets, conform to the topography as far as practical and allow for continued extension into adjoining undeveloped tracts.

B. Residential development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where circumstance(s) may dictate that a driveway enter an arterial or collector street, the lot shall provide on- site turnaround facilities, and abutting lots may be required to use one curb cut'. All lots with reverse frontage shall have an additional 25 feet of lot depth to provide a buffer area, which shall be either planted with nursery-grown trees, or, where topography permits, earthen berms may be created. Berms shall not be less than five feet in height, shall be stabilized by ground cover and be planted with evergreens and deciduous trees according to a landscaping plan.

C. Street rights-of-way shall be measured from lot line to lot line. The continuation of an existing street shall be continued at a width less than the existing street, although a greater width may be required in accordance with the following schedule.

D. No reserve strips shall be approved, except where the control and disposal of land comprising such strips has been given to the governing body.

E. Where a development adjoins or includes existing streets that do not conform to widths shown on the Master Plan or Official Map or the requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be either dedicated or anticipated in the development design by creating oversized lots in a subdivision, as well as increased building

**Webmasters Note: There are several pages missing from the original document and will be inserted upon receipt.

§ 94-70 Enumeration of Districts

For the purposes of this Chapter, the Borough of Washington is hereby divided into zone districts known as:

M-3 Mountain District

AR-7 Age Restricted Residential Zone District.

**Webmasters Note: The previous section has been amended as per Ordinance No. 14-2005.

§94-71 Zoning Map, Schedules and Performance Standards

The zoning map, 1993, schedules and performance standards delineating and applying to the above zoning districts and the schedule of requirements which accompany this Chapter, as well as the provisions of ... § 94-74, are hereby declared to be a part of this Article and to be considered as zoning requirements ....

**Webmasters Note: The previous section has been amended as per Ordinance No. 17-2003.

abandoned structure or land shall be in conformance herewith.

B. Maintenance. Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of the lot or part of a lot used for any nonconforming purpose or increase the extent of the nonconforming use in any other manner.

C. Rebuilding in the event of catastrophe. Any nonconforming structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or other casualty shall be examined by the Construction Official. If the cost of repairing such condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to original specifications only upon approval of use or bulk variances, as required. Where the value of repairing the condition is less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 months of the date the building was damaged or condemned with the reconstruction carried out without interruption, otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.

D. A one- or two-car detached garage, open porch, patio, deck, shed, swimming pool, gazebo having no dimension greater than 12 feet or other similar customary accessory use which does not expand the gross floor area of the dwelling may be added to a lot containing a preexisting, nonconforming residential use in a nonresidential zone, provided that the addition does not, in whole or in part, contain a home occupation. [Added 10-3-2000 by Ord. No. 12-2000]

§ 94-73.3. Numbers of principal uses.

[Added 11-6-1989 by Ord. No. 15-89]

No lot shall be erected on it more than one permitted principal use or one principal building; except that shopping centers or industrial parks or office parks or mixed office/industrial parks or multifamily development may be permitted with more than one building per lot when erected in accordance with an approved site plan and when all buildings on the lot are sited to comply with all yard requirements, as well as the definition of industrial or office park or shopping center if applicable. No valid prior nonconforming use shall have an additional conforming use added to the lot or lots upon which said valid prior nonconforming use is situated unless all uses on such lot or lots comply with all bulk requirements and performance standards of this chapter.