ACCESSORY BUILDING, STRUCTURE OR USE means a subordinate building, structure or use, the purpose of which is incidental to that of a main building, structure or use on the same lot.

ADDITION means an extension or increase in building size, floor area or height.

       

ADMINISTRATIVE OFFICER means the Construction Official in matters involving the administration of the construction code; the Zoning Officer in matters involving the administration of the zone code; The Municipal Code Enforcement Officer in all matters involving the enforcement of local, County and State ordinances, regulations, and statutes, inclusive of zoning and construction enforcement and the Municipal Clerk of the Borough in all other matters unless a different municipal official or officials are designated by ordinance or statute.

ADT (AVERAGE DAILY TRAFFIC) means the average number of cars per day that pass over a given point.

ADULT BOOK STORE means an establishment devoted to safe, rental, or distribution of pornographic books, magazines, pamphlets, photographs, motion pictures, phonograph records and video and audio tapes devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality, and other obscene subjects, etc., used in connection with the aforementioned purposes.

AGGRESSIVE SOILS means soils which may be corrosive to case iron and ductile iron pipe. These soils represent approximately five (5%) percent of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.

AISLE means the traveled way by which cars enter and depart parking spaces.

       

ALLEY means a public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

ALTERATIONS , as applied to a building or structure, means a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another, or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.

AMUSEMENT ARCADE means any place of business containing more than three (3) amusement devices.

AMUSEMENT DEVICE means any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other openings, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include, but not be limited to such devices as "Pac-Man" or other types of electronically operated game devices, skillball, mechanical games operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables.

APARTMENT means a dwelling unit in a multifamily building.

       

APPLICANT means a developer submitting an application for development or for a permit required in accordance with this chapter.

APPLICATION FOR DEVELOPMENT means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 45:55D-36.

APPROVED STAIRWAY means a permanent access conveyance, either fixed or mechanically operated that allows for the uninterrupted ingress and egress from or to a space within a structure. Manual pull down stairs or openings requiring the placement of a ladder device for access are not considered an approved stairway.

APPROVING AUTHORITY means the Municipal Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

ART GALLERY means a building or portion thereof, in which sculpture, paintings, or other artistic work is displayed or sold.

       

ASCE means the American Society of Civil Engineers. ASTM means the American Society for Testing Materials.

ATTACHED SIGN means a sign posted, painted or constructed, attached to the wall, roof, facade, canopy, or porch of any structure; provided the sign does not extend above the highest point of the roof.

ATTIC means that part of a building that is immediately below and wholly or partly within the roof framing not served by an approved stairway for ingress or egress.

ATTIC, HABITABLE. HABITABLE ATTIC means an attic which has an approved stairway as a means of access and egress and in which the ceiling area at a minimum height of seven and one-third (7 1/3) feet above the attic floor is not more than one-third (1/3) the area of the next floor below.

AUCTION MARKET means any premises on which are held at periodic times, auction sales of merchandise or any other personal property.

AUTOMOBILE REPAIR SHOP means the same as motor vehicle repair garage.

       

AUTOMOBILE SALES AGENCY means a place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without outside sales on the same business premises or immediately adjacent thereto.

AUTOMOBILE SERVICE STATION means the same as motor vehicle service station. Automotive Repair Garage means the same as motor vehicle repair garage.

AWNING means a structure made of cloth, metal, or other material affixed to a building with a minimum vertical clearance of eight (8) feet from the ground.

AWWA means the American Water Works Association.

       

BANNER means a sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to plastic, or fabric of any kind excluding flags, emblems, and insignia or political, professional, religious, education, or corporate organizations.

BARRIER CURB means a steep-faced curb intended to prevent encroachments.

       

BASEMENT means a story partly underground and having more than one-half (1/2) of its height above the average level of the finished grade shown on an approved subdivision or site plan. However, within a floodplain, height shall be measured from existing grade.

BEDROOM means a room or portion of a structure with a principal function of serving as sleeping quarters.

BELGIAN BLOCK CURB means a type of paving stone generally cut in a truncated, phyramidal shape, laid with the base of the pyramid down.

BERM means a mound of soil, either natural or manmade, used as a view obstruction.

       

BICYCLE COMPATIBLE ROADWAY means a road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

BICYCLE LANE means a lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

BICYCLE PATH means a pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.

BIKEWAY means a pathway designed to be used by bikers.

       

BILLBOARD means a structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.

BLOCK means the length of a street between two (2) street intersections.

       

BLOW-OFFS means an outlet in a pipe through which water or sediment can be discharged.

       

BOARD OF ADJUSTMENT means the Board established pursuant to N.J.S.A. 40:55D-69 and this chapter. The term "Board of Adjustment, as used in this chapter also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.

BOARD OF ADJUSTMENT ENGINEER means the licensed New Jersey Professional Engineer specifically retained by the Board of Adjustment (or assigned by the Municipal Engineer with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of the Borough of Adjustment Engineer, the Municipal Engineer may assume the duties of the office.

BOARDING OR LODGING HOUSE means any dwelling for hire in which more than two (2) persons are housed or lodged, with or without meals. This definition notwithstanding, a certificate of occupancy is required for any dwelling for hire.

BOATYARD means any waterfront facility where docking accommodation and/or land-dry- storage accommodations for any watercraft, such as power boats, sailboats or row boats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.

BUFFER means an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.

BUILDABLE AREA means the central portion of any lot between required yards and/or setback lines.

BUILDING means a combination of materials to form a construction, having a roof and adapted to permanent, temporary, or continuous occupancy.

BUILDING AREA means the total of areas determined from outside dimensions on a horizontal plane at ground level of principal and accessory buildings, exclusive of unroofed porches, terraces, stoops or steps having vertical faces, which at all points are less than three (3) feet above the level of the ground. A pergola, awning, or similar structure having more than a minimal area and which has the effect of a roof structure shall be considered a roof for the purpose of calculating building area.

BUILDING COVERAGE means the area of a tract covered by buildings and roofed areas. Building coverage is expressed as a percentage of the total tract area.

BUILDING HEIGHT means the vertical distance measured to the highest point of the building from the original lot grade, or from any revised lot grade shown on a site plan, subdivision plan, or other plan approved by the appropriate Municipal Agency (Planning Board or the Board of Adjustment). Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height. The vertical distance shall be the average measured along the perimeter of the building, measured at a minimum of four (4) corners of the structure.

BUILDING LINE (SETBACK LINE) means the line beyond which a building shall not extend unless otherwise provided in this chapter.

BUILDING PERMIT means a permit used for the alteration or erection of a building or structure in accordance with the provisions of the Uniform Construction Code.

BUILDING, PRINCIPAL . Principal Building means a structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

BULKHEAD means a structure separating land and water areas, primarily designed to resist earth pressures.

BULK STORAGE means the stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.

BUSINESS OFFICE means a business establishment which does not offer a product or merchandise for sale to the public, but offers or provides a service, primarily administrative, personal, or clerical in nature. Business offices are all those offices which are not professional offices and include but are not limited to the following:

       a. Insurance companies;

       b. Trade associations;

       c. Real estate companies;

       d. Investment brokerage houses;

       e. Banks and trust companies;

       f. Advertising or public relations agencies;

       g. Computer and data processing;

       h. Management and consulting services;

       1. Adjustment and collecting services;

       j. Consumer credit reporting agencies.

CABLE TELEVISION COMPANY means a cable television company as defined pursuant to N.J.S.A. 48.5A-3.

CALIPER means the diameter of a tree trunk measured in inches, six (6) inches above ground level for trees up to four (4) inches in diameter and measured twelve (12) inches above ground level for trees over four (4) inches in diameter.

CAPITAL IMPROVEMENT means a governmental acquisition of real property or major construction project.

CAPITAL IMPROVEMENTS PROGRAM means a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

CAPPED SYSTEM means a completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.

CARPORT means a covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.

CARTWAY means the actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are not curbs, the cartway is that portion between the edges of the paved, or hard surface, width.

CAR WASH means a facility for the washing and cleaning of automobiles and other motor vehicles using production line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.

CELLAR means a story wholly or partly underground and having more than one-half (1/2) of its clear height below the average level of the finished grade shown on approved subdivision or site plan. However, within a floodplain, height shall be measured from existing grade.

CENTERLINE OFFSET OF ADJACENT INTERSECTIONS means the gap between the centerline of roads adjoining a common road from opposite or same sides.

CERTIFICATE OF COMPLETENESS means a certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.

CERTIFICATE OF NONCONFORMANCE means a document issued by the Zoning Officer for a nonconforming use or structure existing at the time of passage of the zoning ordinance or any amendment thereto which pursuant to N.J.S.A. 40:55D-68, may be continued upon the lot or in the building so occupied. Such certificate may be obtained at the owner's request upon any change of ownership for nonconforming use, structure or lot.

CERTIFICATE OF OCCUPANCY means a certificate issued upon completion of construction and/ or alteration of any building; or change in use of any building; or change in occupancy of a nonresidential building. This certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.

CHANGE IN USE means:

       

       a. Any increase in the number of dwelling units in a structure which would result in three (3) or more total units;

       b. Any change from a residential use to any nonresidential use;

       c. Any change from one nonresidential use to another nonresidential use (excluding changes in tenancy, occupancy or ownership where the use is the same).

CHANNEL means a watercourse with a definite bed and banks which confined and conduct continuously or intermittently flowing water.

CHANNELIZATION means the straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.

CHILD CARE CENTER means a child care center as permitted pursuant to N.J.S.A. 40:55D-66.6.

CHURCH . See "place of worship."

       

CIRCULATION means systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highway, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

CLUBHOUSE means a building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, caf or other public place.

COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT means a permit issued for specific development within the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in accordance with rules and regulations promulgated thereunder.

COASTAL WETLANDS means the coastal wetlands designated by the New Jersey Wetlands Act of 1970.

COLLECTOR STREET OR ROAD means a roadway which channels traffic from local streets into the arterial road system.

COMMERCIAL PARKING FACILITY means the same as parking area, public. Also see "garage, public" and "vertical parking garage."

COMMON DEVELOPMENT LINE means a line within a tract or lot which designates the extent of a proposed development or improvements, separate developments within a single tract, or separate stages of development within the tract. Proposed improvements within a tract or site plan shall be shown for the entire tract, on both sides of any common development line.

COMMON LATERAL means a lateral serving more than one (1) unit.

       

COMMON OPEN SPACE means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED means any community residential facility housing up to sixteen (16) developmentally disabled persons which provides food, shelter, and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hotels.

COMPLETE APPLICATION means an application for development which complies in all respects with the appropriate submission requirements set forth in this chapter, including an application form completed as specified by this chapter and the rules and regulations of the Municipal Agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat; provided that the Municipal Agency may require such additional information not specified in this chapter, or any revisions in the accompanying documents, as area reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Municipal Agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Municipal Agency, and shall be deemed complete as of the day it is so certified by the Administrative Officer for purposes of the commencement of the time period for action by the Municipal Agency.

CONCEPT PLAN means a preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

CONDITIONAL USE means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation or such use as contained in this chapter, and upon the issuance of an authorization thereof by the Municipal Agency.

CONDOMINIUM means an ownership arrangement, not a land use; therefore it is allowed in any zone and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium is a dwelling unit which has all of the following characteristic.

       a. The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant;

       b. The unit may be any permitted dwelling type;

       c. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this chapter.

CONSTRUCTION OFFICIAL means the officer in charge of granting building or construction permits in the Borough.

CONVENTIONAL DEVELOPMENT means development other than "planned development" as defined in this section.

CORNER LOT means a lot at the junction of and abutting two (2) or more intersection streets where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees.

CORPORATION STOP also known as Corporation Cock means a valve which is placed in a building's water or gas service pipe near its junction with the public water or gas main.

COUNTRY CLUB means a facility for golf, tennis and related recreational uses which may include a club house, restaurant, and incidental lodging for members or guests.

COUNTY MASTER PLAN means a composite of the comprehensive plan or master plan for the physical development of Monmouth County with the accompanying maps, plats, charts, and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD means the Planning Board of the County of Monmouth as defined in N.J.S.A. 40:27-6.1.

COURT OR COURTYARD means an unoccupied open space on the same lot with a building, which is bounded on three (3) or more sides by building walls.

COVERAGE means the same as lot coverage.

       

CRITICAL AREA means a sediment-producing highly erodible or severely eroded area.

       

CULVERT means a structure designed to convey a water course not incorporated in a closed drainage system under a road or pedestrian walk.

CUL-DE-SAC means a local street with only one (1) outlet and having the other end for the reversal of traffic movement.

CURB means a vertical or sloping edge of a roadway. See also Belgian block curb," "barrier curb," "mountable curb."

CURB LEVEL means the officially established grade of the curb in front of the midpoint of the front lot line.

CUSHION means supportive or protective bedding materials placed underneath piping.

       

DAY CAMP means a licensed, organized and supervised daytime facility used for recreational purposes.

DAY CARE CENTER . See "child care center." Days means calendar day(s).

       

DECORATIVE FLAG means a piece of fabric which is ornamental in nature and has no advertising or business logo.

DEMOLITION means the partial or total razing, dismantling, or destruction, whether entirely or in significant part, of any building, structure, object, or site. "Demolition" includes the removal of a building, structure or object from its site or the removal or destruction of the facade or surface.

DENSITY means the permitted number of dwelling units per gross area of land to be developed.

       

DESIGN FLOOD means the relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.

DESIGN GUIDELINES means guidelines that provide a general framework for sound planning.

       

DESIGN STANDARDS means standards that set forth specific improvement requirements.

DETENTION BASIN means a manmade or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or manmade outlets.

DEVELOPER means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT means the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use of change in the use of any building or other structure, or land or extension or use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.

DEVELOPMENT REGULATION means a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance, or other Borough regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.

DEVELOPMENTALLY DISABLED means experiencing a disability which originates before eighteen (18) years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.

DEVELOPMENT PERMIT means a document signed by the Zoning Officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and (2) which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a Municipal Agency.

DEVELOPMENT REGULATION means this chapter, official map ordinance, or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.

DIRECTIONAL SIGN means a sign providing no advertising of any kind, which provides direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to those signs identifying rest rooms, public walkways, parking areas, and other similar facilities.

DISTRICT means any part of the territory of the Borough which is designated as a zone on the official zoning map (on file in the Borough Clerk's office) and to which certain uniform regulations and requirements of this chapter apply.

DRAINAGE means the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention of alleviation of flooding.

DRAINAGE FACILITY means any component of the drainage system.

       

DRAINAGE RIGHT-OF-WAY means the lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-1 et seq., State Water Policy Commission.

DRAINAGE SYSTEM means the system through which water flow from the land, including all watercourses, water bodies and wetlands.

DRIVE-IN RESTAURANT means the same as restaurant, drive-in.

       

DRIVEWAY means a paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.

DROP MANHOLE means a manhole provided for inspection and maintenance of sewers where an incoming sewer is considerably higher than the outgoing.

DROP PIPE means a vertical pipe used to convey sewage from a higher to a lower elevation.

       

DRY LINES . See "capped system."

       

DWELLING means any building or portion thereof designed or used exclusively for one (1) or more dwelling units.

DWELLING, MULTIPLE . Multiple Dwelling means a building designed for, or containing three (3) or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpieced, except for access to outside or a common cellar.

DWELLING, SINGLE-FAMILY . Single-Family Dwelling means a detached building designed for or containing one (1) dwelling unit.

DWELLING, TWO-FAMILY . Two-Family Dwelling means a detached building designed for, or containing two (2) dwelling units, which are entirely separated from each other by vertical walls, unpieced, except for access to the outside or a common cellar.

DWELLING UNIT means a building or part thereof having cooking, sleeping, and sanitary facilities designed for, or occupied by one (1) family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpieced, except for access to the outside or a common cellar.

EASEMENT means a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

EAVE means the lower border of a roof that joins or overhangs the wall.

       

EDUCATIONAL USE means public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.

ELEEMOSYNARY means the giving of money and/or services to a charitable or philanthropic organization.

ENVIRONMENTAL COMMISSION means the municipal Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.

ENVIRONMENTAL CONSTRAINTS means features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require degradation of the environment, or may require limited development, or in certain instances may preclude development.

ENVIRONMENTAL IMPACT REPORT (EIR) means for the purposes of this chapter, a compilation of studies, reports, documents and finding of fact prepared by an applicant as part of and for a development application. An environmental impact statement meeting the requirements of the N.J.S.A. 13:10-1 et seq., Coastal Area Facility Review Act, and specifically outlined in Section 7 of the rules and regulations promulgated in compliance with the Act will be accepted in lieu of the EIR.

EROSION means the detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

EROSION AND SEDIMENT CONTROL PLAN means a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District in conformance with N.J.S.A. 40:55-120.

ESCROW means a deed, bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

ESSENTIAL SERVICES means underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. "Essential services" shall not be deemed to include wireless telecommunications towers and antennas.

       

EXCAVATION OR CUT means any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

EXCAVATION WORK means the excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvement within a public street or drainage right-of-way. These public improvements include, but are not limited to curb, sidewalk, driveway, and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guard rails, or any other public improvement existing within the public right-of-way. For the purposes of this chapter, that work which is being performed outside of the public right-of-way, but which required the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. "Excavation work" shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this chapter including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.

EXEMPT DEVELOPMENT means that site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:

       a. Construction, additions, or alterations related to single-family detached or two-family dwellings or their accessory structures on individual lots;

       b. Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive;

       c. Individual applications for accessory mechanical or electrical equipment, whose operation and location conforms to the design and performance standards of this chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required;

       d. Sign(s) installed on a site already occupied by a principal use for which site plan approval is not otherwise required and provided such sign(s) conform to this chapter;

       e. Interior alterations which do not increase the required number of off-street parking spaces;

       f. Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of subdivision contained within this section.

       g. Any increase in the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site not exceeding twenty-five (25%) percent of the amount existing at the time of passage of this ordinance or as set forth at the time of a previous site plan approval.

       h. Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site.

       

       1. The construction, alteration of or addition to any off-street parking area which provides an increase of five (5) or less vehicle parking spaces, provided a parking variance is not required.

       j. Where the proposed development, change of occupancy or change of use does not affect or increase circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting, parking requirements or any other considerations of site plan review.

EXISTING PERMANENT SIGN means a permanent sign displayed in the Borough on the effective date of this chapter.

FAMILY means one (1) or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FAMILY DAY CARE HOME means any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three (3) and not more than five (5) children for no less than fifteen (15) hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:

       a. The child being cared for is legally related to the provider; or

       b. The child is being cared for as part of a cooperative agreement between parents for the care of their children by one (1) or more of the parents, where no payment for the care is being provided.

FARM means any parcel of land, which is used for gain in the raising of agricultural products, livestock or dairy products.

FARM BUILDING means any building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this chapter.

FENCE means a structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.

FENCE, OPEN. OPEN FENCE means a fence in which one-half (1/2) of the area, between grade level and the top cross member (wire, wood, or other material), is open.

FENCE PERMIT means a document signed by the Code Enforcement Officer (1) which is required by ordinance as a condition precedent to the construction, reconstruction, alteration, or installation of a fence; and (2) which acknowledges that the fence complies with the provisions of the Borough zoning ordinance or variance, therefrom duly authorized pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70.

FENCE POST means the vertical upright of a fence which provides support and the point of attachment for the rails.

FINAL APPROVAL means the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees property posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT means the final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter, and which is approved shall be filed with the proper County office.

FLAT ROOF means a roof having a continuous horizontal surface with a minimal pitch and arranged to be essentially parallel to the floor plane.

FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from:

       a. The overflow of inland or tidal waters; and/or

       b. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN means the relatively flat area adjoining any natural or manmade stream, pond, lake, river, or any other body or water which is subject to a one hundred (100) year flood.

FLOODPLAIN ENCROACHMENT PERMIT means permission of the Borough to build in accordance with municipal floodplain regulations.

FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than two-tenths (0.2) foot.

FLOOR means a story of a building.

       

FLOOR AREA RATIO means the sum of the area of all floors of buildings or structures compared to the total area of the site.

FLOOR AREA, SALES . Sales Floor Area means the sum of the gross horizontal areas of the floor or several floors of a commercial building which are used for display of merchandise to the general public and including any areas occupied by counters, showcases, or display racks, and any aisles, entranceways, arcades, or other such public areas.

FLUSHING means the cleaning out of debris and sediment from pipes by force of moving liquid, usually water.

FREESTANDING SIGN means a sign not attached to any building but standing on the ground. Such signs are usually, but not necessarily, supported from the ground by one (1) or more poles or posts on similar uprights with or without braces.

FRONT BUILDING FACE AREA means the area of the face of a building that is located on the front, as established by street side of the building, is inclusive of all windows and doors, but exclusive of the roof.

FUNERAL HOME OR MORTUARY means a funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home or mortuary shall not be considered a professional office.

GABLE ROOF means a double sloping roof that forms a gable at each end.

       

GARAGE means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.

GARAGE, PRIVATE . Private Garage means an enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.

GARAGE, PUBLIC . Public Garage means a building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor accessories, or where any such vehicles are kept for hire. The rental of storage space for more than two (2) motor vehicles not owned by occupants of the premises shall be deemed a public garage.

GAS STATION means the same as motor vehicle service station.

       

GENETICALLY ENGINEERED MATERIAL means any substance which results from the directed alteration of genetic material through intervention in genetic processing including techniques whereby recombinant DNA is produced and made to function as an organism.

GOLF COURSE means an area of fifty (50) or more contiguous acres containing a full size professional golf course, at least nine (9) holes in length, together with the necessary and usual accessory uses and structures such as, but not limited to: club house facilities, dining and refreshment facilities, swimming pools, tennis courts, and the like, provided that the operation of such facilities incidental and subordinated to the operation of a golf course.

GOVERNING BODY means the Mayor and Borough Council of the Borough of Fair Haven.

       

GRADE, EXISTING. EXISTING GRADE means the existing undisturbed elevation of land, ground, and topography preexisting or existing on a lot, parcel or tract of land at the time of the adoption of this chapter.

GRADE, FINISHED. FINISHED GRADE means the completed surface of lawns, walks and roads brought to grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.

       

GROUND COVER means low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.

GROUND SIGN means any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.

GUTTER means a shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.

HABITABLE FLOOR AREA means the sum of the gross horizontal area of all the stories and halfstories of a building as measured from the exterior face of exterior building walls, or from the centerline of wall separating two (2) buildings. In residential buildings, garages, attics, and cellars shall not be calculated as "habitable floor area." For a new dwelling, fifty percent (50%) of the area of an attached garage shall be calculated as "habitable floor area." (Ord. No. 2014-15)

HABITABLE FLOOR AREA RATIO means the habitable floor area compared to the total area of the lot on which it is sited.

HABITABLE ROOM means any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings, or assembly lobbies. All habitable rooms within a dwelling unit shall have natural light, ventilation, and heat. Within a dwelling, garages, porches, cellars, and utility rooms are not considered to be "habitable rooms."

HAZARDOUS MATERIALS means including, but not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials.

HEALTH CARE FACILITY means the facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate bio-analytical laboratory (except as specifically excluded hereunder), or central services facility serving one (1) or more such institutions but excluding institutions that provide healing solely by prayer and excluding such bio-analytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one (1) or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.

HIGH WATER LINE means for the purposes of this chapter a line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection in accordance with the provisions of The Wetlands Act, N.J.S.A. 13:9A-1 et seq., the line being established from photographs and each of these maps being on file in the office of the County Clerk, Monmouth County, New Jersey.

HOME BUSINESS . See Home Occupation.

       

HOME OCCUPATION means any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as automotive repair or body work, clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.

HOSPITAL means a building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the building, such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

HOUSEHOLD means the person or persons occupying a dwelling unit.

       

HYDROLOGIC RESPONSE means the properties, distribution, and circulation of water.

       

IES means the Illuminating Engineering Society.

       

ILLUMINATED SIGN means a sign in which an artificial source of light is used in connection with the display of such sign.

IMPERVIOUS SURFACES means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water.

IMPOUNDMENT means a body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.

IMPROVED PARKING AREA means an area for the temporary location of motor vehicles which has been modified from its natural condition by excavation, fill or structures.

IMPROVED STREET means a street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been improved to the standards specified by the Borough Engineer.

IMPROVEMENT means any manmade, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM means a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit.

       

INTERESTED PARTY means (1) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (2) in the case of a civil proceeding in any court or in an administrative proceeding before a Municipal Agency, any person, whether residing within or without the municipality, whose rights to use, acquire, or enjoy property is or may be affected by any action taken under N.J.S.A. 40:55D-1 et seq. or under any other law of this State or of the United States have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.

INTERIOR OR INSIDE LOT means a lot bounded by a street on one (1) side only.

       

INTERIOR STREET OR ROAD means a street or road that is developed wholly within a parcel under one (1) ownership and meeting all municipal standards.

INTERNAL STREET OR ROAD means a street used for internal vehicular circulation within a tract or development. Major internal streets are those internal streets which have an entrance and/or exit on the access street or right-of-way frontage of the tract. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the Planning Board and by the Municipal Engineer.

ISLAND, in street design shall mean a raised area, usually curbed, placed on guide traffic, separate lanes, or used for landscaping, signing, or lighting.

ITE means the Institute of Transportation Engineers.

       

JETTY means a projection of stone, brick, wood or other material, but generally formed of piles, serving as a protection against the encroachment or assault of the waves and currents.

JUNK OR SALVAGE YARD means the use of any area and/or structure keeping or abandonment of junk, including scrap metal, glass, paper, cordage, or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or paths thereof, provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural use permitted in any zone. The term "junk yard" as herein defined includes automobile salvage or wrecking yards.

LAKES AND PONDS means natural or manmade bodies of water which normally contain or retain water for extended periods. Ponds are bodies of water with a surface area, measured under ten (10) year storm conditions, of two (2) acres or less. Lakes are bodies of water with a surface greater than two (2) acres, measured under ten (10) year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten (10) year storm conditions, as certified by the applicant's licensed land surveyor, and approved by the Municipal Engineer.

LAND means any real property including improvements and fixtures on, above or below the surface.

LAND DISTURBANCE means any activity involving the clearing, grading, transporting, filling of land, and any other activity which causes land to be exposed to the danger of erosion.

       

LANDSCAPE, LANDSCAPING means the orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices.

LATERAL SEWERS means pipes conducting sewage from individual buildings to larger pipes called trunk or interceptor sewers that usually are located in street rights-of-way.

LOADING SPACE means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space shall have clear means of ingress and egress to a public street at all times.

LOCAL STREET OR LOCAL ROAD means any street other than a collector street.

       

LOCAL UTILITY means any sewerage authority created pursuant to the Sewerage Authorities Law, N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-1 et seq.; or any utility, authority, commission, special district, or other corporate entity not regulated by the Board of Regulatory Commissioners, under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof.

LOT means a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA means the acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.

LOT, CORNER . Corner Lot means any lot at the junction of and fronting on two (2) or more intersecting streets.

LOT COVERAGE means the area of a lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of the total lot area. For the purpose of these regulations, total lot coverage shall include all other impervious surfaces and all parking areas and automobile access driveways and internal roadways, whether covered by an impervious or pervious material.

LOT DEPTH means the shortest distance between the front lot line and a line parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall not be less than ten (10) feet in length measured between its intersections with the side lot lines.

LOT FRONTAGE means the distance measured on a horizontal plane between the side lot lines measured along the street right-of-way line. The minimum lot frontage shall not be less than the required lot frontage except that on curved alignments with an outside radius of less than five hundred (500) feet, the minimum distance between the side lot lines measured at the street line shall not be less than seventy-five (75%) percent of the required minimum lot frontage, except that no lot shall have a frontage of less than fifty (50) feet. Where the lot frontage is so permitted to be reduced, the lot width at the building setback line shall not be less than the required minimum frontage of the zone district. For the purpose of this chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirements.

LOT, INTERIOR . Interior Lot means a lot other than a corner lot.

       

LOT LINE means any line designating the extent or boundary of a lot which shall further be defined as follows:

       1. Front Lot Line. A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.

       2. Rear Lot Line. The lot line most distant and generally opposite and parallel to the front lot line (for corner lots see subsection 30-7.4b).

       3. Side Lot Line. Any lot line other than a front or rear lot line.

LOT WIDTH means the distance between the property side lines measured along the front yard setback line. Unless otherwise specified lot width shall equal minimum lot frontage.

LOW- AND MODERATE-INCOME COMPANION UNIT means a dwelling unit restricted to occupancy by a lower income household and approved as a conditional use pursuant to this chapter.

LOWER INCOME HOUSEHOLD means a household whose income is within the current moderate- or low-income limits for the Borough's housing region as established by the New Jersey Council on Affordable Housing.

LOWEST FLOOR means the lowest level (including basement, crawl space and garage) of the lowest enclosed area.

MAINTENANCE BOND means any security that is acceptable to the Governing Body to assure the maintenance of approved installations by developers.

MAINTENANCE GUARANTEE means any security which may be accepted by the Borough for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter, including but not limited to surety bonds, letters of credit, under the circumstances specified in N.J.S.A. 40:55d-53.5, and cash.

MAJOR SITE PLAN means any site plan not classified as a minor site plan or exempt site development.

MAJOR SUBDIVISION means any subdivision not classified as a minor subdivision.

       

MANHOLE means an inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.

MANNING EQUATION means a method for calculating the hydraulic capacity of a conduit to convey water.

MANUFACTURED HOME means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

MANUFACTURING means the treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MARINA means any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats.

MARINE ACTIVITIES means any facilities or activity associated with fishing or boating, either for sport or for commercial gain.

MASSAGE PARLOR means any establishment devoted to the providing of massage services to persons not in connection with any medical, osteopathic, chiropractic, prescribed therapeutic or athletic or callisthenic activities.

MASTER PLAN means a composite of one (1) or more written or graphic proposals for the development of the municipality as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.

MAYOR means the Mayor of Fair Haven.

       

MEDIAN means that portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.

MENTALLY ILL PERSON means a person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.

MINOR SITE PLAN means a development plan for one (1) or more lots which is (are) subject to development which:

       a. Requires site plan approval; and

       b. Meets the requirements set forth in Section 30-12 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and

       

       c. Meet the following conditions:

       1. The construction of drainage facilities is not required either on or off site;

       2. New building construction and/or building additions do not exceed one thousand (1,000) square feet of gross floor area;

       3. The proposed development does not increase parking requirements by more than five (5) spaces;

       4. The proposed development conforms to the performance standards set forth in Chapter 16.20 of this title;

       5. The proposed development will not require the issuance of a CAFRA permit;

       6. The proposed development does not involve planned development;

       7. The proposed development does not involve any new street or the extension of any existing street;

       8. The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42;

       9. The proposed development does not involve the disturbance of five thousand (5,000) square feet or more of ground area;

MINOR SUBDIVISION means a subdivision of land for the creation of not more than two (2) lots plus the remainder of the original lot provided such subdivision does not involve, (1) a planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that the Municipal Agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:

       a. That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area;

       b. That the subdivision does not require the extension of municipal facilities at the expense of the municipality;

       c. That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated;

       d. That the subdivision will not adversely affect the development of the remainder of the parcel of the adjoining property;

       e. That the subdivision is not in conflict with any provision or portion of the master plan, official map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval);

       

       f. That no portion of the lands involved have constituted a part of a minor subdivision within three (3) years preceding the application.

MIXED USE means two (2) or more different uses, one (1) of which is residential.

       

MIXED USE RESIDENTIAL means the same as mixed use.

       

MLUL means Municipal Land Use Law.

       

MOBILE HOME. See Manufactured Home.

       

MOTOR VEHICLE REPAIR GARAGE means a building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline of new or used automobiles or trucks, in which the overhauling or replacement of automobiles, automobile parts, or any portion thereof, is conducted as a business for profit.

MOTOR VEHICLE SERVICE STATION means any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, washing or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle use shall be prohibited.

MULCH means a layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.

MULTI-FAMILY BUILDING means any building containing two (2) or more dwelling units, including townhouses within a lot. Dwelling units within multi-family buildings are classified as multi-family dwellings.

MUNICIPAL AGENCY means the Planning Board or Board of Adjustment when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.

MUNICIPAL LAND USE LAW means N.J.S.A. 40:55D-1 et seq.

       

MUNICIPAL RESIDENT means a person who is domiciled in the municipality.

       

NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter.

NONCONFORMING LOT means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the ordinance codified in this chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING SIGN means a sign that does not comply with the provisions of this chapter and would have been in existence before the adoption of this chapter.

NONCONFORMING STRUCTURE means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision, or amendment.

NONCONFORMING USE means a use or activity which was lawful prior to the adoption, revision, or amendment of the ordinance codified in this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONDESIGNATED SITE means all lots and structures thereon within any historic districts which are not designated historic sites.

NONPOINT SOURCE POLLUTION means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agriculture.

NURSERY SCHOOL means a school designed to provide daytime care or three (3) or more children from two (2) to six (6) years of age inclusive, and operated on a regular basis.

OCCUPANCY means the specific purpose for which land or a building is used, designed or maintained.

OCCUPANCY PERMIT means the same as certificate of occupancy.

       

OFFICIAL COUNTY MAP means the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP means a map adopted by ordinance by the Governing Body pursuant to N.J.S.A. 40:55D-32 et seq.

OFF-SITE means located outside the lot lines of the lot in question, but within the property limits (of which the lot is a part) which is the subject of a development application. Off-site areas shall include any contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE means a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

OFF-TRACT means not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-SITE means located on the lot in question.

       

ON-STREET PARKING SPACE means a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

       

ON-TRACT means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN PORCH OR STEPS means a porch or steps with a fixed roof no larger than six (6) feet wide by four (4) feet deep and with no sidewalk other than the wall of the structure to which it is attached.

OPEN SPACE means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and other improvements that are designed to be incidental to the natural openness of the land.

OWNER means any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land which is the subject of a development proposal.

PARKING AREA means an open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.

PARKING AREA, PRIVATE . Private Parking Area means an area, other than a street, intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and not used by the general public.

PARKING AREA, PUBLIC . Public Parking Area means a paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free, or as an accommodation of clients or customers.

PARKING GARAGE means the same as Garage, Public.

       

PARKING SPACE means an off-street space provided for the parking of a motor vehicle exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.

PARTY IMMEDIATELY CONCERNED means for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

PATIO means an area of land not used for receiving and storing material where the grounds have been surfaced with construction material such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.

PAVEMENT . See Cartway.

       

PEEP SHOW means any establishment showing to patrons in private or semi-private viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.

PERFORMANCE GUARANTEE means any security, which may be accepted by the municipality, including but not limited to surety bond, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.

PERSONAL SERVICES means an act by which skills of one (1) person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.

PERVIOUS SURFACE means any material that permits full or partial absorption of stormwater into previously unimproved land.

PESTICIDE means any substance or mixture of substance labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.

PETROLEUM PRODUCTS means oil or petroleum of any kind and in any form including crude oils and derivatives of crude oils, whether along, as sludge, oil refuse or oil mixed with other wastes.

PLACE OF WORSHIP means a building or group of buildings, congregations, public worship including cathedrals, chapels, churches, meeting houses, mosques, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, and similar type buildings.

PLANNED DEVELOPMENT means planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.

PLANNING BOARD means the municipal Planning Board established pursuant to N.J.S.A. 40:55D-23. The term "Planning Board" as used in this chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.

PLANNING BOARD ENGINEER means the licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the Municipal Engineer (with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Municipal Engineer may assume the duties of the office.

PLAT means a map or maps of subdivision or site plan.

       

PLAT, FINAL . Final Plat means the map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. "Final plat" shall also include and be synonymous with the term final site plan.

       

PLAT, PRELIMINARY . Preliminary Plat means the plan prepared and submitted to the approving authority as a part of the application for preliminary approval. "Preliminary plat" shall also include and be synonymous with the term preliminary site plan.

PORTABLE SIGN means a sign which can be carried or moved about.

       

PRELIMINARY APPROVAL means the conferral of certain rights pursuant to N.J.S.A. 40:55D-46, -48, and -49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS means architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.

PREMISES means a lot or tract or land or any combination thereof held under a single ownership or control.

PRIMARY OR PRINCIPAL USE means the primary or principal purpose for which a building, structure or lot is issued.

PROFESSIONAL OFFICE means the office of a member of a recognized profession, such as, but not necessarily limited to, the office of physicians, dentists, architects, professional engineers, and lawyers.

PROHIBITED USE means that use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A. 40:55D-70D would be necessary, in order to provide that use in that particular zone.

PROJECTING SIGN means a sign which is attached to the building wall at a right angle.

       

PUBLIC AREAS means (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL means a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGE WAY means the land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.

PUBLIC OPEN SPACE means an open space area conveyed or otherwise dedicated to the Borough, a Municipal Agency, Board of Education, Federal, State, or County agency, or other public body for recreational or conversational uses.

PUBLIC UTILITY means any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.

QUORUM means the majority of the full authorized membership of a Municipal Agency.

       

RADIOACTIVE USE means any natural or artificially produced substance or combination of substances which emits radiation spontaneously.

RATIONAL METHOD means a method of runoff calculation.

       

RECHARGE means the replenishment of underground water reserves.

       

RECREATION AREA means facilities and open space areas set aside, designed and/or improved, and used for recreation purposes, and may include, but shall not be limited to, playfields, golf courses, playgrounds, swimming pools, tennis courts, and other court games, tot lots, parks, picnic areas, nature preserves, boating and fishing areas and facilities.

RECREATIONAL VEHICLE means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.

RESIDENTIAL DENSITY means the number of dwelling units per gross acre of residential land including areas used for streets, easements and/or open space portions of a development.

RESTAURANT means any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, park, or swimming pool operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

RESTAURANT, CATEGORY ONE . Category One Restaurant means a restaurant which is designed for and whose primary function and operation is the preparation and service by employees of meals to a customer or customers seated at the table at which the meal is consumed. A category one restaurant operates without substantial carry-out service; with no delivery service; with no drive-thru, drive-in or service in vehicles; and without service at counters or bars unless the restaurant is licensed to serve alcoholic beverages.

RESTAURANT, CATEGORY TWO . Category Two Restaurant means a restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carry-out service; delivery service; self-service; or on-premises consumption, except that no drive-in, drive-thru, or service in vehicles is permitted.

RESTAURANT, CATEGORY THREE . Category Three Restaurant means a restaurant whose primary function is the preparation and service by employees of food or drink to customers as part of an operation which may be designed with carry-out service; delivery service; self-service; on-premises consumption; or customer pick-up service utilizing a vehicular drivethru.

RESTAURANT, DRIVE-IN . Drive-In Restaurant means an establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for takeout or consumption on the premises but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESUBDIVISION means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or (2) the alteration of any streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument.

RETAINING WALL means a structure more than eighteen (18) inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

RETENTION BASIN means a pond, pool or basin used for the permanent storage of water runoff.

       

REVETMENT means a fencing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.

RIGHT-OF-WAY means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.

ROOMING HOUSE means the same as boarding or lodging house.

       

SAND DUNES means naturally occurring or manmade accumulations of sand in ridges or mounds landward of the beach.

SATELLITE DISH ANTENNA OR SATELLITE ANTENNA means a parabolic reflector antenna which is designed for the purpose of receiving signals from and/or transmitting signals to a transmitter relay located in planetary orbit.

SCHOOL means the same as educational use.

       

SCREEN means a structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.

SCS means Soil Conservation Service.

       

SEAWALL means a wall or embankment to resist encroachment of the sea. Secondary Use means the same as accessory use.

SEDIMENT means solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.

SEDIMENT BASIN means a barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.

SEDIMENTATION means the transport and depositing of solid material by water.

       

SEPTIC SYSTEM means an underground system with a septic tank used for the decomposition of domestic wastes.

SEPTIC TANK means a water-tight receptacle that receives the discharge of sewage.

       

SETBACK means the horizontal distance between a building or structure and any front, side or real lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.

SETBACK LINE (BUILDING LINE) means the line beyond which a building shall not extend unless otherwise provided in this chapter.

SEWER means any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams.

SHADE TREE means a tree in a public place, street, special easement, or right-of-way adjoining a street.

SHAPE REQUIREMENT . See Lot Shape Requirement.

       

SHOPPING CENTER means an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, houses in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of twenty thousand (20,000) square feet.

SHOULDER means the graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.

SIDEWALK AREA means a paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

SIGHT TRIANGLE means the triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two (2) intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street lines.

SIGN AREA means that are defined by the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists, where no frame or edge exists, the area shall be defined by a projected enclosed four (4) sides (straight lines) geometric shape that most clearly outlines the signs.

SIGNS means an identification, description, illustration, or device illuminated or nonilluminated which is visible to the general public and directs attention to a product, service place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting flag, streamer, banner, pennant, or placard design to advertise, identify, or convey information.

SITE means any plot, parcel or parcels of land.

       

SITE PLAN means a development plan of one (1) or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.

SKETCH PLAT . See Concept Plan.

       

SOIL means all unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.

SOIL CEMENT means a mixture of Portland cement and locally available soil. It serves as a soil stabilizer.

SOIL CONSERVATION DISTRICT means the Freehold Soil Conservation District, a governmental subdivision of the State which was organized in accordance with the provisions of N.J.S.A. 4:24-2 et seq.

SOLID WASTE means garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.

SPECIAL EVENT SIGN means a sign advertising a specific occasion such as, but restricted to, holidays, grand openings, and inventory reduction.

STABILIZED TURF OR EARTH means turf, or earth (soil), strengthened usually by the mixing of cement or lime with the original material to achieve increase strength, thereby reducing shrinkage and movement.

STANDARDS OF PERFORMANCE means (1) standards, requirements, rules and regulations adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels, glare, airborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke, and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (2) required by applicable Federal or State laws or Municipal Agencies.

STEEP SLOPES means areas where the average slope exceeds fifteen (15%) percent which, because of this slope, are subject to high rates of stormwater runoff and erosion.

STORMWATER DETENTION means a provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STORMWATER RETENTION means a provision for storage of stormwater runoff.

       

STORY means that portion of a building between a floor and ceiling, excluding cellars.

       

STORY, HALF . Half Story means that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such half-story. A basement shall also be included as a half-story.

STREAM CORRIDORS means those areas which include the floodway and permanent channel of brooks and streams.

STREET means any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way (1) which is an existing State, Country or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and grant to such Board the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET FURNITURE means manmade aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.

STREET HARDWARE means the mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.

STREET HIERARCHY means the conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.

STREET, IMPROVED . See Improved Street.

       

STREET LINE means the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curbline, or edge-of-pavement line. On a street or highway shown on the adopted master plan of the Borough of Fair Haven, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point twenty-five (25) feet from the centerline of the existing pavement.

STREET LOOP. Loop Street means a street that has its only ingress and egress at two (2) points on the same subcollector or collector street.

STREET, UNIMPROVED . Unimproved Street means a street that does not have an all-weather pavement. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally, any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the event that the Construction Official or other Borough Official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such Official shall contact the Borough Engineer for his evaluation and written determination.

STRIPPING means any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.

STRUCTURAL ALTERATIONS means the same as alterations.

       

STRUCTURE means a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

SUBDIVIDER means any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

SUBDIVISION means the division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: (1) divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) division of property upon court order including, but not limited to, judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument, and (5) the conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the development regulations contained in this chapter for frontage on an improved street, zoning district regulations, and for design standards and improvement specifications; and further provided that each lot, tract, or parcel of land is shown and designated as separate lots, tracts, or parcels of land shown on the official tax map of the Borough. Those adjoining lots, tracts, or parcels of land shown on the official tax map of the Borough which are owned by the same person or persons but which individually do not conform to the zoning district regulations and/or which do not meet the required frontage on an improved street shall be treated under this chapter as a single parcel of land no portion of which may be conveyed without subdivision approval as prescribed by this chapter. The term "subdivision" shall also include the term "resubdivision.

SUBDIVISION AND SITE PLAN COMMITTEE means a committee appointed by the chairperson of the Planning Board for the purpose of reviewing, commenting and making recommendations with respect to subdivision and site plan applications and having the power to approve minor site plans and subdivisions. Only those committee members who are members or alternatives of the Board having jurisdiction to act have the power to vote on a matter involving a minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and N.J.S.A. 40:55D-47.

SUBGRADE means the natural ground lying beneath a road.

       

SURFACE WATERS means those waters that fall on land or arise from springs and diffuse themselves over the surface of the ground following no defined course or channel.

SWIMMING POOL, ABOVE GROUND . Above Ground Swimming Pool means any swimming pool with sides that are not flush with the ground. Hot tubs, Jacuzzis and children's wading pools shall not be considered above ground swimming pools.

SWIMMING POOL, COMMERCIAL . Commercial Swimming Pool means a swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel, or apartment development.

SWIMMING POOL, PRIVATE . Private Swimming Pool means a swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and the pool is utilized with no admission charges and not for the purpose of profit.

SWIMMING POOL, PUBLIC . Public Swimming Pool means the same as swimming pool, commercial.

TELECOMMUTING means a work arrangement for performing work electronically from a dwelling solely by a member of the household.

TEMPORARY SIGN means a nonpermanent sign erected, affixed, or maintained on a premises for a short, usually fixed, period of time.

TIDELANDS means lands which are washed by tidal flows in accordance with the NJDEP Tideland Council maps which are on file with the NJDEP and Borough Clerk.

TOPSOIL means the original upper layer of soil material to a depth of six (6) inches which is usually darker and richer than the subsoil.

TRACT means an area of land consisting of one (1) or more contiguous lots under single ownership or control, used for development or for a common purpose. Tract interchangeable with the words, development area, site and property.

TRANSCRIPT means a typed or printed verbatim record, or reproduction thereof, of the proceedings of the Municipal Agency.

TRIP means a single or one-way vehicle movement to or from the property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

ULI means Urban Land Institute.

       

UNIFORM CONSTRUCTION CODE means the New Jersey Uniform Construction Code, N.J.S.A. 52:27D-122 et seq. (N.J.A.C. 5:23-1.1 et seq.)

USCGS (also USC&G and USC&GS) means United States Coast and Geodetic Survey.

       

USE means the specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

UTILITIES means essential services including, but not limited to sewers, water, electricity, gas, and telephone, regulated by the State of New Jersey or by the Federal government.

VARIANCE means permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, and N.J.S.A. 40:55D-70c and 70d.

VIEW OR PUBLIC VIEW means the view by the public of a building, structure, object, or site from any point on a street or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.

WALL SIGN means a sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by.

WAREHOUSE means any structure designed for or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini, or other form of commercial warehouse activities.

WATER COURSE means channel or canal for the conveyance of water, particularly drainage lands.

WETLANDS (NONTIDAL OR FRESHWATER) means an area regulated by the New Jersey Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

WETLANDS (TIDAL) means areas known as marshes, swamps or other lowland subject to tidal action or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one (1) foot above local extreme high water and of which vegetation unique to tidal marshes, swamps or lowlands has become adopted. This definition shall include, but is not limited to, all the mapped New Jersey State wetlands.

WINDOW SIGN means a sign painted onto the interior of a window or door of a building which is intended for viewing from the exterior of such building.

WOODED AREAS means any area within a tract covered by trees, woods or forests, including closely grouped or stands of ten (10) or more mature or specimen trees of six (6) inch caliper or greater; or individual shade and specimen trees of twelve (12) inch caliper or greater, or individual ornamental trees of four (4) inch caliper or greater.

YARD means the space which lies between a building or structure and a lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. Yards will be identified as either front yard, side yard or rear yard.

YARD, FRONT . Front Yard means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building or structure. The depth of the front yard shall be measured at right angles to the front line of the lot.

YARD, REAR . Rear Yard means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a building or structure. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.

YARD, SIDE . Side Yard means a yard between the side line of the lot and the nearest line of a building or structure and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONE means the same as district.

       

ZONING OFFICIAL means the municipal official designated to enforce the provisions of this chapter.

ZONING PERMIT means the same as development permit. (2002 Code § 16-08-040; Ord. No. 488 § 1, 2004; Ord. No. 489, 2004; Ord. No. 2009-25 § II; Ord. No. 2010-32; Ord. No. 2014-15)

       30-3 ADMINISTRATION.

       30-3.1 Planning Board.

       a. Establishment. The Planning Board presently in existence pursuant to N.J.S.A. 40:55D-23 is continued to consist of nine (9) members of the following four (4) classes and two (2) alternates all of whom shall be municipal residents except for the Class II members, as set forth below.

       1. Class I. The Mayor, or the Mayor's designee in the absence of the Mayor.

       2. Class II. One (1) of the officials of the Borough other than the Mayor or a member of the Borough Council to be appointed by the Mayor; provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members or alternate members.

       3. Class III. A member of the Borough Council to be appointed by it.

       

       4. Class IV. Six (6) other citizens of the Borough to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of either the Board of Education of either the Fair Haven Board of Education or the Rumson-Fair Haven Regional High School Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-2 shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purpose of this section, membership on a municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.

       5. Alternates. The Mayor shall also appoint two (2) alternate members who shall meet the qualifications of Class IV members. Alternate members shall be designated by the Mayor at the time of appointment as "Alternate No. 1" and "Alternate No. 2."

       b. Terms. The term of the member composing Class I shall correspond to his official tenure, or, if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at a completion of his term of office as a member of the Environmental Commission, whichever comes first.

       The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

       The terms of all Class IV members first appointed pursuant to N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four (4) years after their appointment, provided, however, that no term of any member shall exceed four (4) years and further provided that nothing herein shall affect the term of any present member of the planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class IV member shall be appointed for terms of four (4) years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

       The terms of alternate members shall be two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.

       Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

       c. Conflicts and Lack of Quorum. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-23 or N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interests therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.

       d. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term only.

       e. Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Borough Council for cause.

       f. Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member or alternate member of the Planning Board or a municipal employee designated by it. An alternate member shall not serve as Chairman or Vice Chairman of the Planning Board.

       g. Planning Board Attorney. There is created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Borough Attorney. The Board shall not expend an amount, exclusive of gifts or grants, in excess of the amount appropriated by the Council for its use.

       h. Expenses, Experts and Staff. The Borough Council shall make provisions in its budget and appropriate funds for the expenses of the Planning Board. The Planning Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.

       1. Powers and Duties. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall have the following powers and duties:

       1. To prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the Borough in a manner which protects public health and safety and promotes the general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28;

       2. To administer site plan and land subdivision review in accordance with the provisions of this chapter and N.J.S.A. 40:55D-37 through 59;

       3. To grant exceptions from certain requirements for subdivisions and site plan approval pursuant to N.J.S.A. 40:55D-51;

       4. To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67;

       5. To consider and make report to the Borough Council within thirty-five (35) days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a). The report shall include identification of any provisions in the proposed development regulation, revision or amendment which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The Borough Council when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reason for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board. Nothing in this section shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 to any official map or an amendment or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.

       6. To participate in the preparation and review of programs or plans required by State or Federal law or regulations;

       7. To assemble data on a continuing basis as part of a continuing planning process;

       8. To annually prepare a program of municipal capital improvement projects over a term of six (6) years, and amendments thereto, and recommend same to the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29;

       9. When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment;

       (a) Variances pursuant to N.J.S.A. 40:55D-70(c);

       (b) Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit for building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32;

       (c) Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

       Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be;

       10. Review of capital projects pursuant to N.J.S.A. 40:55D-31;

       11. To perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough Council for the aid and assistance of the Borough Council or other Borough bodies, agencies, or officers;

       12. The Borough Council may, by ordinance, provide for the reference of any matters or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority hereon except for any matter under the jurisdiction of the Board of Adjustment. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

       j. Citizens Advisory Council. The Mayor may appoint one (1) or more persons as a Citizens Advisory Council to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.

       k. Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board as index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

       l. Simultaneous Review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.

       m. Referrals from Zoning Board of Adjustment. The Planning Board shall receive and act on all referrals from the Zoning Board of Adjustment in a timely manner so that the Zoning Board will receive the advice of the Planning Board within forty-five (45) days of the referral.

       The Planning Board shall review the material referred and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain the Planning Board's opinion as to the compatibility of the proposal to the master plan; applications which may have been or are currently being processed by the Planning Board for similar uses; land use, traffic and other data relevant to the application which the Planning Board has in its files, and what conditions, if any, the Planning Board recommend be imposed on the applicant to improve compatibility with the master plan and this chapter should the Zoning Board of Adjustment grant the variance. (Ord. B-417 § 3.1,1998; 2002 Code § 16.12.010)

       30-3.2 Zoning Board of Adjustment.

       a. Establishment. The Zoning Board of Adjustment presently in existence pursuant to N.J.S.A. 40:55D-69 is continued to consist of seven (7) regular members, and two (2) alternate members who shall be residents of the Borough and appointed by the Mayor and confirmed by the Borough Council.

       b. Terms. The members of the Board of Adjustment shall continue until their respective terms expire. Thereafter, the terms of each member shall be four (4) years from January 1 of the year of their appointment. The terms of members first appointed under this section shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case or regular members, evenly over the first four (4) years after their appointment and, in the case of alternate members, evenly over the first two (2) years after their appointment; provided that the initial term of no regular member shall exceed four (4) years and that the initial term of no alternate member shall exceed two (2) years. Thereafter, the term of each regular member shall be four (4) years and the term of each alternate member shall be two (2) years.

       c. Alternates.

       1. The Mayor may appoint and the Council confirm two (2) alternate members who shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members shall meet the same qualifications as regular members.

       2. Alternate members may participate in all matters, but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

       d. Conflicts and Lack of Quorum. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. No member may hold elective office or position under the municipality. If the Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interests therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Board of Adjustment in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.

       e. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as here and above provided.

       f. Removal. A member may, after public hearing if he requests it, be removed by the Borough Council for cause.

       g. Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its regular members and shall select a Secretary who may or may not be a Board member of another municipal employee.

       h. Board of Adjustment Attorney. There is created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint, fix the compensation of or agree upon the rate of compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Borough Attorney. The Board shall not, however, expend an amount exclusive of gifts or grants, in excess of the amount appropriated by the Borough Council for its use.

       1. Expenses, Experts and Staff. The Borough Council shall make provisions in its budget and appropriate funds for the expenses of the Board of Adjustment. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.

       j. Rules and Regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.

       k. Powers of the Zoning Board of Adjustment.

       1. The Board of Adjustment shall have the power to:

       (a) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68.

       (1) Appeals to the Board of Adjustment may be taken by an interested party. Each appeal shall be taken within twenty (20) days prescribed by N.J.S.A. 50:55D-72 by filing a notice of appeal with the officer from whom the appeal was taken, together with three (3) copies of the notice with the Secretary of the Board of Adjustment. The notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

       (2) An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

       (3) The Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or may modify the order, requirements, decision or determination appealed from, and make such other requirement, decision or determination a sought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.

       (b) Hear and decide requests for interpretation of the zoning map or zoning provisions of this chapter adopted pursuant to N.J.S.A. 40:55D-62 through 68, or for decisions upon other special questions upon which such Board is authorized by this chapter to pass.

       (c) Grant, upon an application or an appeal, relief from regulations pursuant to N.J.S.A. 40:55D-62 through 68, except those departures enumerated in N.J.S.A. 40:55D-70d, where:

       (1) The strict application of such regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of a property for any of the following reasons:

       1. By reason of exceptional narrowness, shallowness or shape of the specific piece of property; or

       ii. By reasons of exceptional topographic conditions or physical features uniquely affecting the specific piece of property; or

       iii. By reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon; or

       (2) The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, and further provided that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection.

       (d) Grant, upon an application or an appeal, in particular cases and for special reasons, by affirmative vote of at least five (5) members, a variance to allow departures from regulations pursuant to N.J.S.A. 40:55D-62 through 68 to permit the following:

       (1) A use or principal structure in a district restricted against such use or principal structure;

       (2) An expansion of a nonconforming use;

       (3) Deviation from a specification or standard pertaining solely to a conditional use;

       (4)An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;

       (5) An increase in the permitted density as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one (1) or two (2) dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision;

       (6) A height of a principal structure which exceeds by ten (10) feet or ten (10%) percent the maximum height permitted in the district for a principal structure.

       

       If an application for development requests one (1) or more variances but not a variance for a purpose enumerated under paragraphs k, 1 (d) of this subsection, the decision on the requested variance or variances shall be rendered under paragraph k, 1 (c) of this subsection.

       No variance or other relief may be granted under the terms of N.J.S.A. 40:55D-70d, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. An application under this subsection may be referred to any appropriate person or agency, provided such reference shall not extend the period of time within which the Board of Adjustment shall act.

       2. The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through 59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid subsection d. of N.J.S.A. 40:55D-70 shall not be required.

       3. The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the official map. The Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development required approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60b.

       4. The Board of Adjustment shall have the power to direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Board of adjustment shall not exercise the power otherwise granted by this section if the proposed development required approval by the Planning Board of a subdivision, site plan, or conditional use in conjunction with which the Planning Board has the power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60c.

       l. The Zoning Board of Adjustment shall, at least once a year, review its decision on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Zoning Board shall send copies of the report and resolution to the Borough Council and the Planning Board. (Ord. B-417 § 3.2,1998; 2002 Code § 16.12.020)

       30-3.3 Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment.

       

       a. Meetings.

       1. Every Municipal Agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the Municipal Agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process.

       2. The Municipal Agency may provide for special meetings, at the call of the Chairman, or on the request of any two (2) of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.

       3. No action shall be taken at any meeting without a quorum being present.

       4. All action shall be taken by a majority vote of members of the Municipal Agency present at the meeting except as otherwise required by N.J.S.A. 40:55D-32, -34, -62, -63 and subsections -17e, -26a and b and -70d. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application. Nothing herein shall be construed to contravene any act providing for procedures for Governing Bodies.

       5. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6 et seq.

       6. An executive session for the purpose of discussing and studying any matters to come before the agency shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D- I et seq.

       b. Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Municipal Agency and of the persons appearing by attorney, the action taken by the Municipal Agency, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer (Planning Board or Board of Adjustment Secretary). Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction of the minutes for his use.

       c. Hearings.

       1. Required Hearings. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development.

       2. Rules for Conducting Hearings. The Planning Board and Board of Adjustment shall make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or this chapter.

       3. Filing of Documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the office of the Administrative Officer (Planning Board or Board of Adjustment Secretary). The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

       4. Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq. shall apply.

       5. Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

       6. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

       7. Verbatim Recording. The Municipal Agency shall provide for the verbatim recording of the proceedings by either a stenographer or by mechanical or electronic means. The Municipal Agency shall furnish a transcript or duplicate recording in lieu thereof, on request to any interested party at his expense; provided that the Borough Council may provide by ordinance for the municipality to assume the expense of any transcripts necessary for approval to the Borough Council pursuant to N.J.S.A. 40:55D-17 of decisions by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d; up to a maximum amount as specified by the ordinance.

       8. Transcript Charge. The Municipal Agency in furnishing a transcript or tape of the proceeding to an interested party at his expense shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.

       9. Voting Eligibility. A member or alternate member of a Municipal Agency who was absent for one (1) or more of the meetings at which a hearing was held or was not a member of the Municipal Agency at the time shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one (1) or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcript or recordings of all of the hearings from which he or she was absent or was not a member, and certifies in writing to the Municipal Agency that he or she has read such transcript or listened to such recording.

       d. Notice Requirements for Hearing. Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least ten (10) days prior to the date of the hearing in accordance with the following:

       1. Public notice of hearing on an application for development shall be given for all the following:

       (a) Appeal or variance pursuant to N.J.S.A. 40:55D-70;

       (b) Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36;

       (c) Conditional uses pursuant to N.J.S.A. 40:55D-67;

       (d) Preliminary major subdivision plats;

       (e) Preliminary major site plans;

       (f) Extension of approvals for five (5) or more years pursuant to N.J.S.A. 40:55D-52;

       (g) Modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice;

       (h) Appeals of determinations of administrative officers pursuant to N.J.S.A. 40:55D-70a;

       (i)Requests for interpretation pursuant to N.J.S.A. 40:55D-70b.

       2. Public notice shall be given by publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.

       3. Notice of a hearing requiring public notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (200) feet in all directions of the property which is the subject of such hearing provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has, an apartment above or below it.

       Notice shall be given by: (1) serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required.

       Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal, property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

       4. Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.

       5. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications for development of property adjacent to an existing County road or proposed road shown on the official County map or on the, County Master Plan, adjoining other County land or situated within two hundred (200) feet of a municipal boundary.

       6. Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a State highway.

       7. Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.

       8. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to paragraph d, 1 of this subsection shall be given, in the case of a public utility, cable television company, or local utility which possesses a right-of-way or easement within the Borough and which has registered with the Borough in accordance with this subsection, by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

       Every public utility, cable television company, and local utility interested in receiving notice pursuant to this subsection may register with the Borough if the public utility, cable television company, or local utility has a right-of-way or easement in the Borough. The registration shall remain in effect until revoked by the public utility, cable television company, or local utility or by its successor in interest.

       The Administrative Officer shall adopt a registration form and shall maintain a record of all public utilities, cable television companies, and local utilities which have registered with the municipality pursuant to this subsection. The registration form shall include the name of the public utility, cable television company, or local utility and the name, address, and position of the person to whom notice shall be forwarded, as required pursuant to this subsection. The information contained therein shall be made available to any applicant, as provided in N.J.S.A. C.40:55D-12.

       The Borough shall impose a registration fee of ten ($10.00) dollars on any public utility, cable television company, or local utility which registers to receive notice pursuant to this subsection.

       9. The applicant shall file an affidavit of proof of service with the Municipal Agency holding the hearing on the application for the development in the event that the applicant is required to give notice pursuant to N.J.S.A. 40:55D-12 and of this chapter.

       10. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

       11. Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.

       12. Notice pursuant to paragraphs d,4; d,5; d,6; and d,7 of this subsection shall not be deemed to be required, unless public notice pursuant to paragraphs d, 1 and d,2 of this subsection are required.

       13. List of Property Owner Furnished. Upon the written request of an application, the Tax Assessor shall, within seven (7) days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee shall be charged for such list.

       e. Decisions. Each decision on any application for development shall be reduced to writing and shall include findings of facts and conclusions based thereon.

       1. Reduction to writing shall be accomplished through:

       (a) A resolution adopted at a meeting held within the applicable time period for taking action on the application for development; or

       (b) A resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which action to grant or deny approval was taken memorializing the action.

       (c) Where the agency fails to adopt a resolution, any interested party may apply to Superior Court in a summary manner for an order compelling the agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.

       2. The following members shall be eligible to vote on the resolution:

       (a) Where the action taken resulted from the failure of a motion to approve an application those members voting against the motion for approval shall be the members eligible to vote on the resolution.

       (b) In all other circumstances, only the members who voted for the action taken shall be eligible to vote on the resolution.

       3.The following shall apply to adoption of the resolution:

       (a) The vote on a resolution shall be deemed to be a memorialization of the action of the agency and not to be an action of the agency.

       (b) The vote of a majority of those eligible members who are present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one (1) member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member.

       (c) The date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings, and publications required.

       4.Copies of the decision shall be distributed by the Administrative Officer (Planning Board or Board of Adjustment Secretary) as follows:

       (a) A copy shall be mailed within ten (10) days of the date of decision to the applicant, or if represented then to his attorney, without separate charge.

       (b) A copy shall be filed in the office of the Administrative Officer and be made available for public inspection during reasonable hours.

       (c) A copy shall be made available to any interested party for a reasonable fee in an amount sufficient to cover the cost of such copy.

       5. A brief notice of the decision shall be published in the official newspaper(s) of the Borough.

       (a) Such publication shall be arranged and proof of publication shall be obtained by the Administrative Officer (Planning Board or Board of Adjustment Secretary). Nothing herein shall be construed as preventing the applicant from arranging such publication is he so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the notice whether arranged by the Borough or the applicant.

       (b) Such notice shall be published within thirty (30) days of the date of decision, or twenty (20) days of the date of mailing of a copy of the decision by the Administrative Officer (Planning Board or Board of Adjustment Secretary), whichever is later, or within such other appropriate period as may be determined by the Municipal Agency at the time of decision.

       (c) Failure to publish as herein required shall render any approvals null and void. f. Conditional Approvals.

       1. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the Municipal Agency shall approve such application conditioned on removal of such legal barrier to development.

       2. In the event that development proposed by an application for development requires an approval of a governmental agency other than the Municipal Agency, the Municipal Agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Municipal Agency shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:44D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the Municipal Agency is prevented or relieved from so acting by the operation of law.

       3. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

       4. The Municipal Agency may impose such other conditions as it deems appropriate.

       5. In all cases the Municipal Agency shall include a condition of approval setting forth the time within which all conditions of approval must be satisfied by the applicant. Failure of the applicant to meet all conditions of approval within the time specified or within such extensions thereof as the Municipal Agency may, from time to time, grant upon the request of the applicant shall render any approvals null and void.

       6. Tolling of Running of Period of Approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval shall be suspended for the period of time the legal action is pending or such directive or order is in effect.

       g. Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.

       h. Time for Decision. After the date in appeal is taken from the decision of a municipal officer or the submission of a complete application for development to the Administrative Officer, the approving authority shall render its decision within the maximum number of days as specified below or within such further time as may be consented to by the applicant. Where more than one (1) type of application is involved, the longer time period shall apply.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       1. Separation of Applications. A developer whose proposed development requires a variance or direction of the issuance of a permit may elect to submit a separate application requesting the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan, or conditional use. The separate granting of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying each separate application shall be as provided in paragraph h. of this subsection.

       j. Time for Exercise of Variance. Any variance from the terms of any ordinance hereafter granted permitting the erection or alteration of any building, structure or structures or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced within twelve (12) months from the date of entry of the decision provided, however, that the running of the period of limitation herein provided shall be suspended from the date of filing an appeal from the decision to the Borough Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Where the variance is part of a subdivision or site plan approval, the period of limitation shall coincide with the approval specified in Section 30-4 of this chapter. (Ord. B-417 § 3.3, 1998; 2002 Code § 16.12.030)

       30-3.4 Certificates and Permits.

       a. Development Permit.

       1. Development permits shall hereafter be secured from the Zoning Officer prior to:

       (a) Application for and/or issuance of any building permit except for minor work or ordinary repairs as defined in the Uniform Construction Code;

       (b) The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure;

       (c) Application for and/or issuance of any permit for a new or expanded or relocated sign;

       (d) Application for and/or issuance of any permit for erection of a fence;

       (e) Any change in use or change in nonresidential occupancy;

       (f) The excavation, removal, or addition of soil or fill to or from any site exceeding ten (10) cubic yards or any alteration exceeding five thousand (5,000) square feet in the natural condition of any undeveloped parcel of land including but not limited to the alteration of drainage patterns, removal of soil, regrading, and removal of trees and ground cover provided, however, that such alterations located on and necessary to the operation of a farm as defined in this chapter shall not require a development permit;

       (g) Any use of any portion of any parcel of land for any activity regulated by this chapter;

       (h) The construction of any site improvement either above or below ground;

       (i)The issuance of any certificate of occupancy where no building permit was previously required.

       2. An application for development permit shall be in writing by the owner or his authorized agent and include the following unless the Administrative Officer determines that a particular item is not needed in order to make a decision:

       (a) A statement of the use or intended use or uses of the building, structure or land;

       (b) An elevation drawn to scale of the building or structure to be erected including signs to be placed thereon and their content and manner of construction;

       (c) A plan drawn to scale showing all proposed and/or existing buildings, signs, parking areas, setbacks, and yard distances in exact location to street and lot lines;

       (d) The proportion of existing and proposed lot coverage; (e) The location of any wetlands, easements, or floodplains.

       3. The Zoning Officer shall take action on a complete application for a development permit within forty-five (45) days of its submission.

       4. Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits including, but not limited to:

       (a) Access permit from the New Jersey Department of Transportation and/or Monmouth County Engineering Department;

       (b) Drainage permits from the New Jersey Department of Transportation;

       (c) Stream encroachment permit from the New Jersey Department of Environmental Protection;

       (d) Coastal Area Facilities Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection;

       (e) Wetlands permit from the New Jersey Department of Environmental Protection;

       (f) Riparian construction permit from the New Jersey Department of Environmental Protection;

       (g) Waterfront development permit from the New Jersey Department of Environmental Protection;

       (h) Required permits from the United States Army Corps of Engineers and United States Coast Guard;

       (i) Sewerage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection;

       (j) Land disturbance permit from the Freehold Area Soil Conservation District;

       (k) Floodplain encroachment permit.

       5. Prior to the issuance of a development permit, the applicant shall have secured all approvals required by this chapter shall have met any and all conditions of any Municipal Agency approval.

       6. The Zoning Officer shall issue a development permit for nonconforming structures provided that in the opinion of the Zoning Officer, the provisions of subsection 30-7.3i. are complied with.

       b. Certificates as to Approval of Subdivision of Land.

       1. The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such subdivision three (3) years preceding the effective date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name and the owner thereof.

       2. The Administrative Officer shall make and issue such certificate within fifteen (15) days after the receipt of such written application and the fees therefor. The Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

       3.Each such certificate shall be designated as certificate as to approval of subdivision of land, and shall certify:

       (a) Whether there exists in the Borough a duly established Planning Board and whether there is an ordinance controlling subdivision of and adopted under the authority of N.J.S.A. 40:55D-1 et seq.

       (b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing the subdivision of which the lands are a part is a validly existing subdivision.

       (c) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided by N.J.S.A. 40:55D-1 et seq.

       4. The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee in accordance with the fee schedule.

       5. Any person who shall acquire for a valuable consideration an interest in the lands covered by such certificates of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of N.J.S.A. 40:55D-55.

       

       6. If the Administrative Officer designated to issue any such certificate fails to issue the same within fifteen (15) days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to N.J.S.A. 40:55D-55.

       7. Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.

       c. Construction Permit.

       1. No construction permit shall be issued unless the applicant shall have first secured a development permit.

       2. No building or structure shall be erected, added to, or structurally altered until a permit thereon has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-214).

       d. Certificate of Occupancy.

       1. Development Permit Required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure, or land.

       2. Uses and Occupancies after the Effective Date of This Chapter. No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official.

       Such certificates shall be issued upon application by the owner, prospective occupant, or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Uniform Construction Code and other codes and ordinances affecting construction and occupancy.

       Temporary certificate of occupancy may be issued pursuant to the provisions of this chapter for any structure or use for which site plan approval has been secured, but not all conditions of approval have been complied with.

       3. Existing Uses at the Time of Passage of this Chapter or Any Amendments Thereto. The prospective purchaser, prospective mortgagee, or any other person interested in any land or structure may apply in writing for the issuance of a certificate certifying that the use or structure legally existed before the adoption of the ordinance codified in this chapter or the amendment and certifying the extent and kind of use. The applicant shall have the burden of proof. Application pursuant hereto shall be made to the Zoning Officer within one year of the adoption of the chapter or the amendment or at any time to the Board of Adjustment and shall be accompanied by the established fee. A denial by the Zoning Officer shall be appealable to the Board of Adjustment pursuant to N.J.S.A. 40:55D-72 et al.

       

       4. Change of Nonresidential Occupancy. Whenever there occurs a change in the occupancy or use of a nonresidential building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. The Construction Official may issue such certificate if the Administrative Officer determines such change in occupancy is not a change in use and that the applicant has met the requirements of the applicable regulations.

       5. Scope of Certificate of Occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

       6. Improvement Required. No permanent certificate of occupancy shall be issued until all required improvements have been installed in accordance with the provisions of this chapter. A temporary certificate of occupancy may be issued to permit occupancy for a period not to exceed one (1) year. If at the end of that period the required improvements have not been completed, the occupancy permit becomes null and void and the owner may be subject to the penalties herein defined by this chapter.

       e. Soil Erosion and Sediment Control Plan Certification. Where required, a soil erosion and sediment control plan certification shall be obtained from the Freehold Area Soil Conservation District prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No such certification shall be valid until a development permit shall have first been issued for the subdivision, building, structure or use. (2002 Code § 16.12.040; Ord. No. 7-11-05A, 2005)

       30-3.5 Records.

       a. It shall be the duty of the Administrative Officer or his designee to keep a record of all applications, all actions of the Municipal Agencies, all complaints, all violations noted and a record or any action taken thereon and all development permits issued together with a notation of all special conditions involved. He shall file and safely keep all copies of all plans submitted and the same shall form a part of the records of his office and shall be available for the use of the Borough Council and of other officials of the Borough.

       b. The Administrative Office or his designee shall prepare a monthly report for the Borough Council, summarizing for a period since his last previous report all development permits issued and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Administrator, Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement Officer, Construction Official and Engineer at the same time it is filed with the Borough Council. (2002 Code § 16.12.050)

       30-3.6 Enforcement.

       The duty of administering and enforcing the provisions of this chapter is conferred upon the Zoning Officer, who shall have such powers as are conferred by this chapter, and as reasonably may be implied. In no case shall a development permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Administrative officer or his designee to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this chapter, and the Officer shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of performing these duties. (2002 Code § 16.12.060)

       30-3.7 Interpretation.

       In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience, and general welfare of the Borough. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standard shall govern. (2002 Code § 16.12.070)

       30-3.8 Conflict with Other Laws; Repealer.

       Prior 2002 Code Chapter XVI, Land Development, is repealed in its entirety except as indicated herein, and any portions of other ordinances which contain provisions inconsistent with this chapter are repealed to the extent of such inconsistency, except as provided, and, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance, Historic Preservation Commission as established in Chapter II, Administration, is retained as currently established. (2002 Code § 16.12.080)

       30-3.9 Violations; Penalties.

       a. For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, shall for each and every day that such violation continues, be punished in accordance with Chapter I, Section 1-5.

       b. It shall be a violation of the provisions of this chapter to:

       1. Engage in any of the activities referred to in subsection 30-3.4a. of this section prior to issuance of a development permit;

       2. Engage in any of the activities referred to in subsection 30-5.2c, d. and e. of this chapter;

       3. Engage in any of the activities referred to in subsection 30-7.3a, b. and c. of this chapter prior to issuance of a development permit;

       4. After approval of a development permit, fail to follow, during construction, the approved site or subdivision plans and/or observe any and all conditions of approval contained in any resolution of the Municipal Agency;

       5. Fail to observe the provisions of Section 30-7 of this chapter;

       6. Fail to observe any direction of the Administrative Officer or his designee with regard to the suspension of any work not in conformance with approved plans or the conditions of any resolution of the Municipal Agency or of the development permit;

       7. Fail to observe any direction of the Administrative Officer or his designee with regard to the correction, including time limits imposed for such correction, of any work not in conformance with the approved plans or the conditions of any resolution of the Municipal Agency or of the development permit;

       8. After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of the Municipal Agency or of the development permit and/or any of the provisions or applicable design standards set forth in Sections 30-7; 30-8 and 30-9 of this chapter.

       The above shall not be construed to be an exhaustive list of those activities or actions or omissions which constitute violations of this chapter. Engaging in other activities provided by, or failure to engage in other activities required by this chapter shall also be considered violations.

       c. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty in accordance with Chapter I, Section 1-5 of this Code and each lot so made may be deemed a separate violation.

       In addition to the foregoing, the municipality may institute and maintain a civil action:

       1. For injunctive relief; and

       2. To set aside and invalidate any conveyance made pursuant to such a contract of sale provided a certificate as to the approval of subdivision has not been issued in accordance with this chapter.

       In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six (6) years, if unrecorded.

       d. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Municipal Agency or the Borough Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.

       e. If the developer or agent of the developer shall, after notification by certified mail from the Zoning Officer or Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of a lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Zoning Officer or Borough Engineer; then any such developer or agent of such developer shall be subject to punishment in accordance with Chapter I, Section 1-5 of this Code. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order shall be considered a separate and specific violation. (2002 Code § 16.12.090)

       30-3.10 Amendments.

       All amendments to this chapter and to the zoning map, which forms a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map and schedule of area, yard and building requirements may be amended and supplemented by description and reference thereto, without republication of the entire map or detailed text of the schedule. (2002 Code § 16.12. 100)

       30-3.11 Validity of Chapter.

       If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective. (2002 Code § 16.12.110)

       30-3.12 Effect of Pending and New Applications.

       a. After the effective date of the ordinance adopting this chapter, all new applications for development shall be subject to the provisions of this chapter. Within forty-five (45) days of submission of any application for development, the Administrative Officer shall notify the developer in writing if an application for development is found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application forty-five (45) days after the submission. If developer is notified that an application for development is incomplete, the Administrative Officer shall further notify the developer within forty-five (45) days of submission of all the additional plans and supporting documentation requested if an application for development is still found to be incomplete or it shall be deemed to be properly submitted and constitute a complete application forty-five (45) days after submission of all the additional plans and supporting documentation requested.

       b. All applications for development filed prior to the effective date of the ordinance codified in this chapter may be continued, subject to the following:

       1. The time limits for approval by the Municipal Agency set forth within this chapter shall not apply unless the developer shall notify the Municipal Agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of paragraph a. of this subsection and all other provisions of this chapter.

       2. If the developer does not notify the Municipal Agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted pursuant to the procedures heretofore in effect at the time of such application.

       3.All approvals granted after the effective date of the ordinance codified in this chapter shall confer upon the applicant all the rights set forth in this chapter. (2002 Code § 16.12.120)

       30-3.13 Copy to be Filed with County Planning Board.

       Upon adoption of the ordinances codified in this chapter, and any amendments, the Borough Clerk shall file a copy with the Monmouth County Planning Board as required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment or revision which in whole or in part is inconsistent with or not designed to effectuate the land use plan element and housing plan element of the master plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the Monmouth County Planning Board. (2002 Code § 16.12.130)

       30-3.14 Fees.

       The developer shall, at the time of filing an application, pay a nonrefundable fee to the Borough by cash, certified check, or bank draft in accordance with the current fee schedule adopted by the Borough Council on file in the Borough Clerk's office. The fees to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination or approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fee for each element. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section. The amount of any application filing fees for an informal review shall be a credit toward fees for an application for development. Additional fees may be assessed for extraordinary review costs not otherwise covered by this section as a refundable application escrow fee as specified herein:

       Application Filing Fees

       a. Application for Development Permit.

       (Zoning Permit)

       Residential $50.00

       Commercial $100.00

       (This fee is also stated at subsection 2-56.1) (Ord. No. 2013-21)

       b. Minor Subdivision Approval.

       

       1. Each informal review $100.00

       2. Application fee $250.00

       3. Plat or deed review fee $100.00 (per lot)

       c. Major Subdivision Approval.

       1. Each informal review $300.00

       2. Preliminary application fee $500.00 (plus $100.00 per new lot)

       3. Final application fee 50% of preliminary application fee

       4. Final plat application fee $400.00

       5. Final plat review fee $250.00 (per lot)

       d. Minor Site Plan Approval.

       1. Each informal review $100.00

       2. Application fee $400.00

       e. Major Site Plan Approval.

       1. Each informal review $500.00

       2. Preliminary application fee $750.00

       3.Final application fee 50% of preliminary application fee

       f. Extension of Approval. $250.00

       g. Variances.

       1. For all applications relating to single- and/or two-family residential uses requiring one or more bulk variances $250.00

       2. For all other applications requiring one or more bulk variances $300.00

       3. Interpretation of the zoning regulations or map $250.00

       4. Use Variance

       (a) Proposed single- and/or two-family residential uses $300.00

       

       (b) For all other use variances $500.00

       h. Conditional Uses. $250.00

       1. Public Hearing.

       For those development applications which require public notice and hearing $ 75.00

       j. Reproduction of Records.

       Duplication of tape recordings $ 75.00/meeting

       k. Change of Master Plan or Zone Request Application. $300.00

       l. Escrow Deposits.

       1. In addition to the initial fees or charges as elsewhere set forth, the municipal agency shall require escrow deposits in accordance with the provisions of the fee and deposit schedule set forth in this paragraph l. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and for review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. No applicant shall be charged for any municipal, clerical or administrative functions, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically by statute, nor shall a municipal professional add any such charge to his bill.

       2. Scope of Reimbursed Services. The municipality shall be entitled to be reimbursed for the review of applications, both as to completeness and as to content; for the review and preparation of documents such as, but not limited to: drafting resolutions, developer's agreements, and necessary correspondence with applicant or applicant's professionals.

       3. Deposit of Escrow Funds; Refunds. Deposits received from any applicant in excess of five thousand ($5,000.00) dollars shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed one hundred ($100.00) dollars for the year. If the amount of interest exceeds one hundred ($100.00) dollars, the entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the municipality may retain for administrative expenses a sum equivalent to no more than thirty-three and one-third (33 1/3%) percent of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within ninety (90) days after the final decision by the appropriate municipal agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.

       4. Payments. Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional which voucher shall identify the personnel performing the service, and each date the services were performed, the hours spent to one-quarter (1/4) hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to (1) the applicant and (2) the municipal agency for whom said services were performed.

       The Chief Financial Officer shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are one thousand ($1,000.00) dollars or less, or on a monthly basis if monthly charges exceed one thousand ($1,000.00) dollars. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

       5. Payments Required Prior to Issuance of Permits. No zoning permits, building permits, certificates of occupancy or any other types of permits may be issued with respect to any approved application for development until all bills for reimbursable services have been received by the municipality from professional personnel rendering services in connection with such application and payment has been made.

       6. Close Out Procedures. The following close out procedures shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved in accordance with N.J.S.A. 40:55D-53, in the case of improvement inspection escrows and deposits.

       The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within thirty (30) days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within forty-five (45) days of receipt of the final bill. Any balances remaining in the deposit or escrow account including interest in accordance with N.J.S.A. 40:55D-53.1 shall be refunded to the developer along with the final accounting.

       7. Scope of Charges. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with the conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals on the subdivision or site plan.

       8. Limitation of Inspection Fees. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.

       9. Substitution of Professionals. If the municipality retains a different professional or consultant in the place of a professional originally responsible for development application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge to the deposit or the escrow account for any such services.

       10. Estimate of Cost of Improvements. The cost of the installation of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Municipal Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127.

       11. Appeals.

       (a) An applicant shall notify in writing the Governing Body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for a service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to N.J.S.A. 40:55D-53.2. The Governing Body or its designee shall within a reasonable time attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals, established pursuant to N.J.S.A. 52:27D-127 any charge to an escrow account or deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charges are the subject of the appeal. An applicant shall file an appeal within forty-five (45) days from receipt of the informational copy of the professional's voucher required by subsection N.J.S.A. 40:55D-53.2(c), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within sixty (60) days from receipt of the municipal statement of activity against the deposit or escrow account required by N.J.S.A. 40:55D-53.2(c). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six (6) months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

       (b) Appeals shall be taken in accordance with the rules and procedures established by the County Construction Board of Appeals.

       (c) During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of a municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.

       12. Escrow Fees. The following minimum sums are required to be deposited in an escrow account for application to the Planning Board and/or Board of Adjustment.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       (b) Nonresidential Development.

       Note: Use the greater of the escrow amounts determined from the floor area and parking space tables below:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       m. Inspection and Engineering Fees.

       1. Inspection escrow fees for subdivision and/or site plans shall be five (5%) percent of all bonded improvements.

       

       2. Additional Inspection Fee Escrow for Excess Borough Expenses. If the municipal agency determines that a proposed development involves unusual or complicated aspects which could result in expense to the Borough in excess of the inspection fees set forth above, the municipal agency may, as a condition of, or of any extension of or amendment to, final approval, require the developer to provide an additional escrow deposit. Expenses in excess of the normal inspection fees may be deducted from the escrow deposit. Any balance shall be returned to the applicant upon release of performance guarantees and/or issuance of a final certificate of occupancy. In determining the amount of any escrow required, the municipal agency may consider: the duration and size of the project; unusual design aspects; the degree and extent of municipal inspection required and the extent of conformity to normal municipal design standards.

       3. Engineering Fees.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       n. Reproduction Fees. Costs for reproduction of plats, attachments, maps or other supporting documentation, maps or other supporting documentation shall be paid in full by the requestor prior to release in accordance with current Borough requirements.

       0. Tax Map Revision Fees. A fee of one hundred fifty ($150.00) dollars per lot or unit shall be charged for all minor and major subdivisions, residential unit site plans or condominium or cooperative residential or commercial development to cover the cost of revising the Borough tax map. This fee shall be paid prior to signing of the final plat of a major subdivision by the Chairman and the Secretary of the Municipal Agency and Borough Engineer/Surveyor.

       p. Revised Plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Planning Board or Board of Adjustment, which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with current Borough requirements.

       1. Where changes in the plat are requested by the Municipal Agency or Borough Engineer, no fees need be paid and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need be submitted.

       2. Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency where approval was a condition of the Planning Board or Board of Adjustment approval, which do not involve any additional building or parking or, in the opinion of the Administrative Officer, significant change in the design of the site or subdivision, an application fee of fifty ($50.00) dollars be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

       3. Where there are changes in the plat proposed by the applicant, or required by another governmental agency whose approval was a condition of the Planning Board or Board of Adjustment approval, which involve additional building or parking or, in the opinion of the Administrative Officer, a significant change in the design of the site or subdivision, an application fee equal to one-half (1/2) the fee required for the initial submissions, will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.

       4. Where the proposed changes involve a change in use and/or, in the opinion of the Administrative Officer, a major alteration of the design concepts of the plat approved by the Municipal Agency, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.

       q. Grading Permit. Application for engineering review of individual plot house location/grading plans for fill over ten (10) cubic yards, one hundred ($100.00) dollars.

       r. Site Plan Charges Computation for Partial Site Developments. In cases where only a portion of a parcel of site is to be involved in the proposed site plan, a site area charge may be charged based upon an area extending twenty (20) feet outside the limits of all construction including grading and landscaping as well as all other areas of site the Borough Engineer believes are reasonably affected by the development application. The twenty (20) feet around disturbed areas shall not extend beyond the property lines. The Borough may still require reasonable improvements and upgrading to portions of the site not within the disturbed or affected areas.

       s. Supervision.

       1. No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English-speaking supervisor acceptable to the Borough Engineer.

       2. No less than five (5) days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Borough Engineer with the names, addresses, phone number and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspects of construction for which each is responsible.

       t. Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any more improvements, required by the provisions of this section, the developer shall deposit by cash or certified check with the Borough Clerk an amount determined from the schedule of inspection fees. The amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All moneys received on account of engineering and inspection fees shall be deposited by the Borough in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services. (2002 Code §§ 16.12.140; Ord. No. 2007-13 §§ II; Ord. No. 2007-16 §§ II; Ord. No. 2008-3; Ord. No. 2008-18; Ord. No. 2010-06; Ord. No. 2010-20; Ord. No. 2015-13)

       30-4 PROCEDURE.

       30-4.1 Approval Required.

       The purpose of this section is to establish the procedure for review and action on applications requiring subdivision, site plan, conditional use, or variance approval. The procedure is intended to provide orderly and expeditious processing of such applications.

       In all zones for all proposed uses, subdivision, site development or construction other than an "exempt development," site plan and/or subdivision approval shall be required prior to:

       a. Subdivision of land;

       b. Issuance of a development permit or building permit; c. Commencement of any regulated use or activity, which includes:

       1.The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structures;

       2. The use or occupancy of any building, structure or land;

       3. The subdivision or resubdivision of any land;

       4. Any activity which entails the construction of any improvements or the alteration of the natural condition of any land. (2002 Code § 16.16.010)

       30-4.2 Preapplication; Informal Review of Concept Plan.

       At the request of the applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development.

       The purpose of the concept plan is to provide Planning Board input in the formative stage of subdivision and site plan design. (2002 Code § 16.16.020)

       30-4.3 Applications.

       a. Assignment. The applicant shall have the option of filing an application for development with the Administrative Officer or his designee to which approvals are required and the appropriate Board for hearing same, or of filing an application and proceeding before the Board which the applicant believes to be appropriate. The Administrative Officer's or his designee's determination shall be presumed to be correct. The following applications may be filed:

       1. Exempt subdivisions;

       2. Minor subdivisions;

       3. Major subdivision;

       4. Minor site plan;

       5. Major site plan;

       6. Conditional use;

       

       7. Variance.

       8. Informal review. (Ord. No. 2015-14)

       (Note: Certain applications may involve a combination of actions. Where an application is filed with the wrong Board, the Board shall deny the application without prejudice. The applicant may proceed to the correct approving authority.)

       b. Content. An application for development shall include the items specified in Section 30-12 of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form.

       c. Complete Application.

       1. A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer or designee. In the event that the Administrative Officer or designee does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on the checklist of items specified in Section 30-12 of this chapter, (2) the checklist has been provided in writing to the applicant, and (3) the Municipal Agency of its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of submission of the application. The applicant may request that one (1) or more of the submission requirements be waived, in which event the Municipal Agency or its authorized committee shall grant or deny the request within forty-five (45) days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Municipal Agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Municipal Agency.

       2. An applicant may appeal the Administrative Officer's decision concerning completeness of an application to the Municipal Agency which has jurisdiction to hear the application. The Municipal Agency shall have forty-five (45) days after receipt of a written request to schedule a public hearing at which time the Municipal Agency will determine if the application is complete. The Board shall affirm, modify, or reverse the decision of the Administrative Officer.

       d. Informal Review.

       An applicant may file an application for an informal review by the Planning Board or Zoning Board Professionals prior to submission of an application to either Board. (Ord. No. 2015-14) (2002 Code § 16.16.030; Ord. No. 2015-14)

       30-4.4 Variances.

       a. In cases where a proposed development requires a Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70.d or does not involve a site plan or subdivision but requires a variance pursuant to N.J.S.A. 40:55D-70C or requires the direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70.a or on an interpretation pursuant to N.J.S.A. 40:55D-70.b the applicant shall submit to the Administrative Officer twelve (12) copies of the items required in Section 30-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. Notwithstanding the aforesaid, the applicant is to submit twenty-one (21) subdivision plans and/or site plans, five (5) of which shall be full size as required in Section 30-12 of this chapter and sixteen (16) of which are to be 11" x 17".

       b. The application shall be declared complete or incomplete within a forty-five (45) day period from the date of its submission according to the provision of subsection 30-4.3c of this chapter.

       c. The Board of Adjustment shall render a decision not later than one hundred twenty (120) days after the date (1) an appeal is taken from the decision of an Administrative Officer, or (2) the submission of a complete application for development to the Board of Adjustment, (3) failure of the Board to render a decision within one hundred twenty (120) day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant. (2002 Code § 16.16.040; Ord. No. 2009-02 § II)

       30-4.5 Minor Subdivision and Minor Site Plan Procedure.

       a. Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this title shall submit to the Administrative Officer twelve (12) copies of the items required in Section 30-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property. Notwithstanding the aforesaid, the applicant is to submit twenty-one (21) subdivision plans and/or site plans, five (5) of which shall be full size as required in Section 30-12 of this chapter and sixteen (16) of which are to be 11" x 17".

       b. The application shall be declared complete or incomplete within a forty-five (45) day period from the date of its submission according to the provisions of subsection 30-4.3c of this chapter.

       c. The minor subdivision or site plan shall be referred to the Planning Board or, if a variance pursuant to N.J.S.A. 40:55D-70d is required, to the Zoning Board of Adjustment.

       d. The action of the Municipal Agency under this section must be taken within forty-five (45) days, or one hundred twenty (120) days if a variance is required or within such further time as is agreed to by the applicant and the Municipal Agency. Failure of the Municipal Agency to act within the period prescribed shall constitute minor subdivision or site plan approval and a certificate of Administrative Officer as to the failure of the Municipal Agency to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

       

       e. Except as provided herein, approval of a minor subdivision shall expire one hundred ninety (190) days from the date on which the resolution of municipal approval is adopted unless with such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor as specified by N.J.S.A. 40:55D-1 et seq. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the Municipal Agency.

       The Planning Board may extend the one hundred ninety (190) day period for filing a minor subdivision plat or deed section if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board.

       The developer may apply for the extension either before or after what would otherwise be the expiration date.

       The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

       The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval, or (2) the ninety-first day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

       f. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision and site plan approval was granted, shall not be changed for a period of two (2) years after the date on which the resolution of minor subdivision and site plan approval is adopted, provided that, in the case of a minor subdivision, the approved minor subdivision shall have been duly recorded. (2002 Code § 16.16.050; Ord. No. 2009-02 § II)

       30-4.6 Major Subdivisions and Major Site Plan Procedure.

       

       a. Preliminary Approval of Major Subdivisions and Major Site Plans.

       1. The applicant seeking preliminary major subdivision or preliminary major site plan approval shall submit to the Administrative Officer fifteen (15) copies of the materials stipulated in Section 30-12 of this chapter. Notwithstanding the aforesaid, the applicant is to submit twenty-one (21) subdivision plans and/or site plans, five (5) of which shall be full size as required in Section 30-12 of this chapter and sixteen (16) of which are to be 11" x 17".

       2. The application shall be declared complete within a forty-five (45) day period from the date of its submission according to the provisions of subsection 30-4.3 of this chapter.

       3. The application for major subdivision or major site plan shall be referred to the Planning Board or, if a variance pursuant to N.J.S.A. 40:55D-70d is required, to the Zoning Board of Adjustment.

       4. A complete application for a subdivision of ten (10) or fewer lots, or for a site plan of ten (10) acres of land or less or ten (10) dwelling units or less, shall be acted upon within forty-five (45) days of the date of such submission, or one hundred twenty (120) days if a variance is required, or within such further time as may be consented to by the developer. A subdivision of more than ten (10) lots, or a site plan that involves more than ten (10) acres of land or more than ten (10) dwelling units, shall be acted upon within ninety-five (95) days of the date of such submission, or one hundred twenty (120) days if a variance is required, or within such further time as may be consented to by the developer. Otherwise, the Municipal Agency shall be deemed to have granted preliminary subdivision or site plan approval.

       b. Effect of Preliminary Approval of Major Subdivisions and Major Site Plans. Preliminary approval of a major subdivision and site plan shall, except as provided in paragraph b,4 of this subsection, confer upon the applicant the following rights for a three-year period from the date on which the resolution of the preliminary approval is adopted as specified by N.J.S.A. 40:55D- I et seq.:

       1. That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-1, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety;

       2. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plan or site plan, as the case may be;

       3. That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design and improvement standards have been revised by ordinance, such revised standards may govern;

       4. In the case of a subdivision of or site plan for an area of fifty (50) acres or more, the Board may grant the rights referred to in paragraphs b, 1; b,2 and b,3 of this subsection for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and no residential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions, and (4) the comprehensiveness of the development; provided that if the design and improvement standards have been revised, such revised standards may govern;

       5. Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Municipal Engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within thirty-five (35) days. In the event of a denial, the specific reasons must be enumerated in letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within twenty (20) days with the same requirements as previously imposed for a denial. After the plans are approved, the developer may install the improvements prior to final approval. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for one hundred twenty (120%) percent of the maximum cost of restoring the site in the event that the improvements are not complete within two (2) years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Section 20-10 of this chapter.

       6. Whenever the Planning Board grants an extension of preliminary approval pursuant to paragraphs b,3 or b,4 of this subsection, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date;

       7. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued those approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval, or (2) the ninety-first day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to paragraphs b,3 and b,4 of this subsection.

       c. Final Approval of Major Subdivisions and Major Site Plans.

       1. An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the Administrative Officer or other designee, fifteen (15) copies of the materials specified in Section 30-12 of this chapter. Notwithstanding the aforesaid, the applicant is to submit twenty-one (21) subdivision plans and/or site plans, five (5) of which shall be full size as required in Section 30-12 of this chapter and sixteen (16) of which are to be 11" x 17". Unless the preliminary plat was approved without changes, the final plat shall

       have incorporated all changes or modifications required by the Municipal Agency. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in an exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Section 30-10 of this chapter.

       2. The application for final subdivision or site plan approval shall be declared complete within a forty-five (45) day period from the date of its submission according to the provisions of subsection 30-4.3 of this chapter.

       3. Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Administrative Officer, or other designee, or within such further time as may be consented to by the applicant. Failure of the Municipal Agency to act within the period prescribed shall constitute final approval and a certificate of the Administrative Officer as to the failure of the Municipal Agency to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purpose of filing subdivision plats.

       4. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat by the Chairman and Secretary of the Municipal Agency unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Municipal Agency may for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. The Planning Board may extend the ninety-five (95) day or the one hundred ninety (190) day period if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original date.

       5. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Municipal Agency as indicated on the instrument by the signature of the Chairman and Secretary of the Municipal Agency that a certificate has been issued. The signatures of the Chairman and Secretary of the Municipal Agency shall not be affixed until the developer has posted the guarantees required pursuant to Section 30-10 of this chapter.

       d. Effect of Final Approval of Major Subdivisions and Major Site Plans and Minor Site plans.

       1. The zoning requirements applicable to the preliminary approval granted and all other rights conferred upon the developer pursuant to preliminary approval whether conditionally or otherwise shall not be changed for a period of two (2) years after the date on which the resolution of final approval is adopted; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and in the case of a subdivision has duly recorded the plat, the Municipal Agency may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions.

       2. In the case of a subdivision or site plan for a Planned Development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a nonresidential floor area of two hundred thousand (200,000) square feet or more, the Municipal Agency may grant the rights referred to in paragraph d, 1 of this subsection for such period of time, longer than two (2) years, as shall be determined by the Municipal Agency to be reasonable, taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) the comprehensiveness of the development. The developer may apply for and the Municipal Agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Municipal Agency to be reasonable, taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units (3) economic conditions, and (4) the comprehensiveness of the development.

       3. Whenever the Planning Board grants an extension of final approval pursuant to paragraphs d, 1 or d,2 of this subsection, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

       4. The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued those approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval, or (2) the ninety-first day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to paragraphs d, 1 or d,2 of this subsection.

       5. In the case of a minor site plan, the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two (2) years after the date of minor site plan approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one (1) year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued those approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval, or (2) the ninety-first day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. (2002 Code § 16.16.060; Ord. No. 2009-02 § II)

       30-4.7 Planning Board Review in Lieu of Board of Adjustment.

       a. Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provisions shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

       b. Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be.

       c. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals of the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.

       d. Whenever review or approval of the application by the Council Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. (2002 Code § 16.16.070)

       30-4.8 Requirements for Claiming Approval Due to a Failure to Act.

       An application may claim approval of his application for development by reason of the failure of the approving authority to act within the time period prescribed by complying with the following provisions:

       a. The applicant shall provide notice of the default approval to the Municipal Agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.

       b. The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.

       c. The applicant shall file an affidavit of proof of service and publication with the Administrative Officer.

       d. Upon satisfaction of these requirements by the applicant, the Administrative Officer shall, if he or she agrees with the facts as set forth by the applicant in the notice of default approval, issue a certificate of default approval and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

       e. If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the Municipal Agency, setting forth the specific items of disagreement, within thirty (30) days of the date the applicant submits the proof of service and publication as required by paragraph c. of this subsection. Unless appealed pursuant to subsection 30-3.2k,1(a) of this chapter, the decision of the Administrative Officer shall be conclusive. (2002 Code § 16.16.080)

       30-4.9 Appeals to the Governing Body.

       Any interested party may appeal to the Governing Body any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made in accordance with N.J.S.A. 40:55D-17 within ten (10) days of the date of such final decision pursuant to N.J.S.A. 40:55D-10i. (2002 Code § 16.16.090)

       30-5 ZONING DISTRICT REGULATIONS.

       30-5.1 Zoning Map and Schedules.

       Table A: Schedule of Permitted Uses-Residential Districts, Table B: Schedule of Permitted Uses-Nonresidential Districts, and Table C: Schedule of Area, Yard and Building Requirements are printed following Section 30-5.

       a. Establishment, Authentication, Maintenance and Revision.

       1. Zoning Map. The locations and boundaries of the districts of the Borough are established as shown on the Zoning Map of the Borough which is attached to this chapter and is made a part of this section, together with all notations, references and designations shown thereon.

       2. Schedules. The Schedule of Permitted Uses (Table A and Table B) and the Schedule of Area, Yard and Building Requirements (Table C) for zone districts within the Borough are established and are made a part of this section, together with all notations, references and designations shown thereon. Requirements related to off-street parking, off-street loading, are set forth in subsection 30-9.2a and b. of this chapter. Requirements related to signs are set forth in subsection 30-9.24 of this chapter.

       

       3. Date of Official Zoning Map. Subsequent to the adoption of this chapter, the zoning map shall be annotated with the date of adoption.

       4. Maintenance of the Official Zoning Map. A copy of the official zoning map shall be maintained in the office of the Borough Clerk and shall be made available for public reference. Copies of all or a part of the official zoning map may be reproduced for public distribution. The zone map shall be forwarded to the Monmouth County Planning Board in accordance with N.J.S.A. 40:55D-16. However, the official zoning map maintained by the Borough Clerk shall be the final authority as to the current status of zoning districts in the Borough.

       5. Revisions to the Official Zoning Map.

       (a) When, in accordance with the provisions of this chapter and of State law, revisions are made in district boundaries or other matters portrayed in the zoning map, such changes will be made to the zoning map with an entry bearing the date of adoption, ordinance number, and a brief description of the change(s).

       (b) No changes of any nature shall be made to the official zoning map except in conformity with the above procedure. Any unauthorized changes to the map or its contents by any person or persons shall be considered a violation of this section.

       b. Interpretation of District Boundaries.

       1. Zone district boundaries are intended to follow street, lot or property lines, or other natural lines such as the centerline of water course, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the zoning map or by description, and shall include contiguous lands acquired by the accretion or stream diversion by natural causes.

       2. In construction the official zoning map, the following rules shall apply:

       (a) Boundaries indicated as following the centerlines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such centerlines.

       (b) Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

       (c) Boundaries indicated as parallel to or extensions of features indicated above, shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the use of the scale appearing thereon.

       (d) Where a zone boundary fixed by dimensions approximately follows and is not more than twenty (20) feet distant from a lot line, such lot line shall be construed to be the zone boundary.

       (e) Boundaries of the flood hazard zone overlay district are to be interpreted in accordance with the reference cited by the applicable overlay regulations. (2002 Code § 16.20.010; Ord. No. 2009-18 § II)

       

       30-5.2 Description of Districts.

       a. The Borough is organized into zone districts as follows:

       Residential Zones

       R-5 Single-family

       R-7.5 Single-family

       R-10 Single-family

       R-10A Single-family

       R-10B Single-family

       R-15 Single-family

       R-20 Single-family

       R-30 Single-family

       R-40 Single-family

       Business Zones

       B-1 Business

       B-2 Business

       Public Zones

       PB Public Use

       Zone Overlay Areas

       Flood hazard area

       b. The regulations set forth in this section for each district shall be minimum regulations and shall apply uniformly to each class of structure or land within the district.

       c. No building or structure shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building or structure to be used, designed, or arranged to be used for any purpose unless in conformity with the Schedule of Permitted Uses and the Schedule of Area, Yard and Building Requirements and with all of the regulations herein specified for the district in which it is located.

       

       d. Every principal building shall be located on a lot as defined in this section. Except for nonresidential development, not more than one (1) principal building and its accessory buildings shall hereafter be erected on any one (1) lot.

       e. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter as set forth in this section and in the Schedule of Area, Yard, and Building Requirements.

       f. In any zone, all yard requirements, open space, off-street parking and landscaping must be contained within that zone.

       g. In each zone district, each use shall provide off-street parking as specified in subsection 30-9.2, Off-Street Parking.

       h. In each zone district, each use shall provide off-street loading and unloading as specified in subsection 30-9.2c., Off-Street Loading.

       1. In each zone district, sign size, type and number shall be limited by subsection 30-7.24, Signs.

       j. Standards for conditional uses are set forth in Section 30-6 of this chapter.

       k. Additional direction regarding the administration and application of development requirements and restrictions within the Borough's zone districts is provided in Section 30-7, General Zoning Provisions.

       l. Notwithstanding any provision of the ordinances of the Borough of Fair Haven to the contrary, a building occupied as a residential dwelling may continue to be so occupied during the construction of a second dwelling on the same lot for a period of more than one (1) year from the commencement of construction of the new dwelling or until thirty (30) days after the issuance of a certificate of occupancy for the newly constructed dwelling, whichever shall first occur, provided that the newly constructed dwelling will conform in all respects with the ordinances of the Borough of Fair Haven, or all appropriate variances have been obtained, and that the owner posts with the Borough Clerk a surety bond in a form and amount satisfactory to the Borough Attorney, which shall guarantee that the owner shall vacate and shall satisfactorily demolish the dwelling within thirty (30) days of the issuance of certificate of occupancy for the newly-constructed dwelling. (2002 Code § 16.20.020; Ord. No. B-417 § 512; Ord. No. 483)

       30-5.3 Permitted and Prohibited Uses.

       a. Permitted principal uses, accessory uses, and conditional uses within each zone district are set forth in the schedules of permitted uses. The letter "P" means that the use is a permitted principal use in the zone. The letter "C" means the use is a permitted conditional use. The letter "A" means permitted accessory use in the zone. Any use, except for essential services, which is not specifically listed as a permitted use, an accessory use or a conditional use on the schedule of uses shall be deemed a prohibited use.

       b. Prohibited uses shall include but not be limited to the following:

       1. All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this section.

       2. Camping sites, trailer camps, trailer courts or trailer coaches used as dwellings, offices or storage facilities or commercial activities related to the outdoor storage or display of trailer coaches, except that during development construction trailers may be permitted specifically limited as to the extent of time such use and requiring the payment of an annual fee to the municipality for the granting of such license for such use.

       3. Auction markets.

       4. Junk yards, automobile wrecking yards or disassembly yards, or the sorting or baling of scrap metal, paper, rags, or other scrap or waste material, except for recycling operations operated by or with the approval of the Borough.

       5. Privately operated dumps for the disposal of garbage, trash, refuse, junk, or other such material.

       6. Adult book stores.

       7. Peep shows.

       8. Massage parlors as defined in Section 30-2 of this chapter.

       9. Amusement arcade.

       10. Explosive storage, except small arms ammunition, or by special permit, where explosives are to be used on the premises.

       11. Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, or dead animals.

       12. Slaughtering and slaughterhouses for fowl or animals.

       13. Any use of any building or premises in such a manner that the health, morals, safety or general welfare of the community may be endangered.

       14. Keeping or raising of pigs, sheep, horses, donkeys, mules, cattle, goats, chickens, and other such livestock, unless a waiver is obtained in accordance with the provisions of subsection 5-18.4 of these Revised General Ordinances.

       15. Asphalt plants, concrete plants, asphalt batching plants, concrete batching plants, asphalt mixing plants, concrete mixing plants, asphalt manufacturing plants, concrete manufacturing plants.

       16. Auto, horse or dog racetracks.

       17. Keeping or raising of mink, fox or similar fur bearing animals.

       

       18. Open air drive-in motion picture theaters.

       19. Seasonal resort cottages.

       20. Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, vibration, smoke, glare or waste products.

       21. The use of boats or vehicles as residential dwellings.

       22. Restaurants, category three, as defined in Section 30-2 of this chapter.

       23. Heliports, helistops or aviation field. (2002 Code § 16.20.030; Ord. No. 2009-13 § II)

       30-5.4 Overlay Districts.

       The public health, safety, and general welfare requires that development in specified areas must be subject to the control of additional uniform regulations and requirements. These specified areas may overlay a portion or all of one (1) or more underlying zone districts. Within an overlay area, the requirements of the overlay zone shall govern.

       a. Flood Hazard Overlay District.

       1. The flood hazard areas of the Borough are subject to periodic inundation which threatens life and property, disrupts commerce, and requires public expenditures for flood protection and relief.

       2. Any and all lands or portions of land within the Borough which are classified as a floodway, flood fringe, or one hundred (100) year floodplain by the New Jersey Department of Environmental Protection and Energy, and/or by the Federal Emergency Management Administration, are designated as the flood hazard area overlay district.

       The overlay district shall operate in conjunction with the underlying zone district such that the overlay provisions, where more restrictive or imposing a higher standard, shall govern.

       3. Design Requirements. All development in the flood hazard overlay district shall comply with Chapter XXII, Flood Prevention and Protection of this Code. (2002 Code § 16.20.040)

       Table A (Subsection 30-5.1) SCHEDULE OF PERMITTED USES-RESIDENTIAL DISTRICTS

       ZONES R-40, R-30, R-20, R-15, R-10A, R-10B, R-7.5, R-5

       P.= Permitted Use

       C.= Conditional Use

       A.= Accessory Use

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Notes:

       (1) All animal shelters for domestic pets shall be set back at least five (5) feet from any lot line.

       (2) Off-street parking is a required accessory use in all zone districts for all permitted uses. See subsection 30-9.2b,6 for driveways; see subsection 30-7.8g for limitations on the use of a front yard for parking. In the R-40 and R-30 Zones, a garage is required. (See subsection 30-7.26).

       (3) Yard recreation structures are subject to the front yard requirements and to the minimum side yard and rear yard requirement for accessory structures, except where the yard recreation equipment is less than ten (10) feet in height and covers an area of one hundred (100) square feet or less, it may be located within five (5) feet of a side or rear lot line.

       (4) Docks are permitted as an accessory use only in the R-30, R-20, and R-10 residential districts. (2002 Code § 16.20. Table A)

       Table B (Subsection 30-5.1) SCHEDULE OF PERMITTED USES-NONRESIDENTIAL DISTRICTS

       P.= Permitted Use

       C.= Conditional Use

       A.= Accessory Use

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Notes:

       (1) Single-family detached dwelling in the B-1 Zone shall comply with the requirements of the R-5 Zone. Single-family detached dwelling in the B-2 Zone shall comply with the requirements of the R-7.5 Zone.

       (2) Off-street parking and loading and unloading areas shall be a required accessory use in all nonresidential districts for all nonresidential permitted uses. See Section 16.36.020(B) and (C) for the applicable requirements. (2002 Code § 16.20 Table B; Ord. No. 486 § 3)

       Table C SCHEDULE OF AREA, YARD AND BUILDING REQUIREMENTS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (Adopted by Ord. No. 2009-18; amended by Ord. No. 2014-19)

       

       30-6 CONDITIONAL USES.

       30-6.1 Purpose.

       Certain uses are necessary to serve the needs of the Borough's citizens but such uses may become inimical to the public health, safety, and welfare unless established according to specifications and standards controlling their limit and extent. Accordingly, this chapter designates such uses as conditional uses to be permitted only if the conditions specified by this section are complied with as determined by the review of the Planning Board. (2002 Code § 16.24.010)

       30-6.2 General Provisions.

       The following shall apply to the review and approval of a conditional use:

       a. The use for which an application is being made shall be specifically listed as a conditional use within the zone where the property is located.

       b. Site plan approval shall be required unless otherwise specified in this chapter.

       c. The conditional use shall comply with the design standards, improvement standards, and document submittal requirements of this chapter unless a requirement is waived by the approving authority.

       d. The conditional use shall adhere to the additional standards specified under this section for the particular use.

       e. The approving authority may impose additional requirements to protect the public health, safety, and welfare which it deems necessary by reason of the location or other factors related to a particular application. Such requirements shall be provided for and maintained as a condition of the establishment of the use. (2002 Code § 16.24.020)

       30-6.3 Place of Worship, Lodges, Meeting Halls, and Clubs for Social and/or Service Organizations.

       Places of worship, lodges, meeting halls, yacht clubs, etc., for social and/or service organizations such as the Masons, American Legion, etc., may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following:

       a. The use shall adhere to the minimum standards of the particular zone district or to the following standards, whichever is more restrictive:

       1. Minimum lot size, one (1) acre;

       2. Minimum lot width and depth, one hundred fifty (150) feet;

       3. Minimum front yard, forty (40) feet;

       

       4. Minimum side yard, twenty (20) feet;

       5. Minimum rear yard, twenty (20) feet;

       6. Maximum building coverage, twenty-five (25%) percent;

       7. Maximum building height, thirty-five (35) feet.

       b. Parking shall be provided as required by Section 30-9 of this chapter except that the Municipal Agency may determine that additional parking be required for any ancillary or accessory uses. (2002 Code § 16.24.030)

       30-6.4 Public Utilities.

       Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines, switching stations, which must be provided above ground, may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following

       a. A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

       b. The design or any building or structure in connection with such facility shall not exceed a height of forty (40) feet and shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

       c. Adequate and attractive fences and other safety devices will be provided.

       d. Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.

       e. The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area. Only one (1) principal building or structure will be permitted on the lot and a paved parking area is required. (2002 Code § 16.24.040)

       30-6.5 Motor Vehicle Service Stations and Motor Vehicle Repair Garages.

       Motor vehicle service stations and/or motor vehicle repair garages may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       a. This site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps, wash racks, lubrication bays, air hoses and any other similar equipment to be installed, the type of structure and accessory buildings to be constructed, and the number of automobiles which are to be garaged.

       b. Motor vehicle service stations and/or motor vehicle repair garages shall be located on a corner lot having an area of not less than twenty thousand (20,000) square feet with a minimum frontage of one hundred fifty (150) feet on one (1) street. If the lot requirements for the zone are greater, they shall take precedence. No building shall be constructed closer than fifty (50) fee to any street line or closer than twenty-five (25) feet to any lot line. Where a filing station or public garage abuts a residential zone along a side or rear property line, the side or rear yard setback for the filling station or public garage shall be increased from twenty-five (25) feet to fifty (50) feet and at twenty-five (25) foot width planting screen approved by the Planning Board shall be provided along the entire side or rear property line.

       c. No motor vehicle service station and/or motor vehicle repair garages shall be located within five hundred (500) feet of any public entrance to a church, school, library, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the centerline of streets forming the shortest route from a point opposite the nearest boundary from the public entrance to a point opposite the nearest boundary of the service station lot.

       d. Driveways shall cross the sidewalks at right angles at any point thereof. Driveways shall be at least twenty-five (25) feet from any side lot line and at least forty (40) feet from the intersection of street lines.

       e. All fuel pumps, air hoses and any other equipment used in servicing cars shall be located at least thirty-five (35) feet from all street lines and twenty-five (25) feet from other lot lines. Any canopy erected over the pump islands shall be set back at least ten (10) feet from all lot lines, except along a side or rear property line adjacent to a residential use or a residential zone, the canopy shall be set back fifty (50) feet from such line and a twenty-five (25) foot width planting screen shall be provided along such line.

       f. No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station and/or motor vehicle repair garages other than those used by the employees in the indirect or direct operation of the establishment, except for the following: no more than ten (10) during working hours and no more than six (6) overnight. Overnight outdoor storage of more than six (6) vehicles shall be prohibited.

       g. All fuel tanks shall be installed underground.

       h. No outdoor oil drainage pits or hydraulic lifts shall be permitted.

       1. Any repair, lubrication or other similar services to motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.

       j. Coin operated service stations are not permitted.

       k. No auto body work shall be permitted.

       

       l. Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

       m. Sale of new or used cars is prohibited.

       n. Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack. No other outdoor sales are permitted and the service station shall not be operated as or in conjunction with a mini-mart or convenience store.

       0. The Municipal Agency shall determine that the planning of the lot is property suited to the area and in connection therewith may require adequate buffers of foliage or screen fencing, if necessary, to protect surrounding properties from any lights or noises that may be generated from the property.

       p. Signs shall conform to the requirements of the Borough sign regulations.

       q. The Municipal Agency shall determine that the design of the service station satisfies the building design requirements of subsection 30-8.2 of this chapter. (2002 Code § 16.24.050)

       30-6.6 Mixed Use Residential.

       In order to better utilize existing buildings within commercial districts and to expand the available supply of housing within the community, mixed use residential may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       a. The building and the floor area in which the mixed use is proposed shall be in existence at the time of adoption of this chapter and not more than one (1) dwelling unit shall be located within the building.

       b. The dwelling unit shall be confined to the upper stories of the building. Street level space shall be occupied by the principal uses permitted in the district.

       c. No dwelling unit shall contain more than two (2) bedrooms. Dens, lofts, and other such areas capable of serving as bedrooms shall be construed to be bedrooms.

       d. Plans showing the overall use of the building shall be submitted. Any building which is in a state of disrepair or violates the property maintenance or health and safety standards of the Borough shall be repaired or rehabilitated to conform to the applicable municipal requirements.

       e. Each dwelling unit shall have the following minimum habitable floor area:

       1. One (1) bedroom dwelling unit, six hundred (600) square feet,

       2. Two (2) bedroom dwelling unit, seven hundred (700) square feet.

       f. The commercial use of the property shall be a permitted principal use within the zone district.

       g. Off-street parking shall be provided for the dwelling unit unless the municipal agency determines that there is sufficient existing parking on site to support both the commercial and residential use or that there is available on-street parking in reasonable proximity to the building to support the mixed-use. A length of twenty-three (23) feet per on-street parking space with sufficient clearance to street intersections or driveways shall be used in calculating the number of available on-street parking spaces. (2002 Code § 16.24.060)

       30-7 GENERAL ZONING PROVISIONS.

       30-7.1 Purpose.

       The purpose of these provisions is to provide direction regarding the administration and application of development requirements and restrictions within the Borough's zone districts. Deviation from the standards of this section will only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70. (2002 Code § 16.28.010)

       30-7.2 Provisions of Other Ordinances.

       Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the Borough or are established by law and which are greater than those set forth in this chapter shall take precedence over the provisions of this chapter. (2002 Code § 16.28.020)

       30-7.3 Nonconforming Uses, Buildings and Structures.

       Except as otherwise provided in this chapter, the lawful use of the land or a building existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:

       a. No nonconforming lot shall be further reduced in size.

       b. No nonconforming building or structure shall be enlarged, extended, or increased unless such enlargement is conforming and in accordance with the provisions of paragraph h. of this subsection on nonconforming structures.

       c. No nonconforming use may be expanded.

       d. Abandonment of Nonconforming Use. A nonconforming use shall be deemed to be abandoned where there is (1) an intention to abandon as well as (2) an external act (or omission to act) by which such intention is carried into effect.

       It shall be pima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one (1) year.

       When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this chapter.

       

       e. Restoration of a Nonconforming Structure. If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored, or repaired, except in conformity with this chapter.

       Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.

       Nothing in this chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Official.

       f. Certification of Preexisting Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Board of Adjustment may issue a certificate in accordance with subsection 30-3.4d, certifying the legality of a preexisting nonconforming use, building, or structure.

       g. Alterations of Nonconforming Buildings or Structures. Alterations, as applied to a nonconforming building or structure, shall include only a change or rearrangement of interior partitions, the structural supports or a change in exterior appearance.

       A.nonconforming building or structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, fifty (50%) percent of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alternatives are not permitted unless the building or structure is changed to conform to the requirements of this chapter.

       h. Nonconforming Lots, Buildings, and Structures.

       1. No vacant nonconforming lot shall be used except as provided in this section. No nonconforming building or structure shall be extended or increased unless the enlargement is conforming and meets the requirements set forth in this section.

       2. A vacant nonconforming lot may not be used for any purpose unless:

       (a) The proposed use and all existing uses is/are permitted principal of accessory use (s).

       (b) The development complies with all other regulations of the zone. (c) Other than the minimum lot area, the lot conformed to the zoning standards in effect immediately prior to the adoption of the ordinance codified in this chapter.

       (d) The owner of the lot did not own any adjacent lot or lots at the time of or since the adoption of this ordinance.

       3. Principal or accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:

       (a) Existing and proposed buildings or structures will be used for a permitted principal building or accessory use.

       (b) The development complies with all other regulations of the zone.

       (c) The new structure or building conforms to all building requirements of this chapter, and will not result in the creation of any nonconformity related to the aggregate of all buildings or structures.

       (d) The owner of the lot did own any adjacent lot or lots at the time of or since the adoption of this ordinance.

       4. A nonconforming building or structure may not be enlarged, extended, increased in height, width, or depth; moved or relocated unless:

       (a) The proposed use and all existing use(s) is/are permitted principal or accessory use(s).

       (b) The enlargement, extension or addition conforms to all building requirements, and will not result in the creation or extension of any nonconformity related to the aggregate of all structures or buildings.

       (c) The enlargement, extension, or addition does not exceed, in the aggregate, fifty (50%) percent, or the existing building coverage or structure coverage of the nonconforming building or structure that is to be extended.

       1. Construction, alteration or expansion ("proposed work") of a nonconforming structure shall be permitted, and a Development Permit shall be issued by the Zoning Officer provided that:

       1. The proposed work complies with all other regulations in the zone.

       2. The proposed work does not increase, exacerbate, or change the specifics of any existing nonconformity.

       3. The proposed work does not add volume to the structure outside the permitted setback lines within the zone in which the property is located.

       4. The proposed work complies with all other regulations of the zone.

       j. Prior Approved Construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been hereto before issued and the construction of which shall have been diligently prosecuted within the three (3) months of the date of such permit, and the ground story framework or which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one (1) year from the date of the adoption of the ordinance codified in this chapter.

       k. District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforrning uses existing therein or created thereby. (2002 Code § 16.28.030; Ord. 434A § 4; Ord. No. 7-11-05B; Ord. No. 10-24-05F)

       30-7.4 Corner Lots.

       a. On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required.

       b. Rear lot lines shall be a lot line opposite the shortest frontage line on an improved street. In the event the frontage lines on the improved streets are of equal length, the lot line opposite to the street in which the property owner's post office address is located shall be deemed the rear lot line. See examples of corner lots below.

       e. Each corner lot must, in addition to any rear yard required to conform to paragraph c. of this subsection, maintain a rear yard setback for the yard most nearly opposite the front yard as required by subsection 30-7.7 of this section.

       f. Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in the Schedule of Yard, Area, and Building Requirements.

       g. Each corner lot shall meet the corner lot requirements for the applicable zone district as set forth in Section 30-5, Table C, Schedule of Area, Yard and Building Requirements. (2002 Code § 16.28.040)

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       30-7.5 Sight Triangle at Intersections.

       Unless more stringent regulations are provided by other provisions of this chapter at the intersection of two (2) or more streets, no hedge, fence, screening strip or wall higher than thirty (30) inches above curb level, nor any obstruction to vision, other than a post not exceeding one (1) foot in diameter, shall be permitted on any lot within the triangular area formed by two (2) intersecting street lines bounding the lot, or the projection of such lines, and by a line connecting a point, on each line located twenty-five (25) feet from the intersection of the street lines. (2002 Code § 16.28.050)

       30-7.6 Frontage on Improved Street Required.

       Every principal building shall be built upon a lot with frontage upon a public street improved to meet the municipal requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36. In the case of a lot fronting on the Navesink River, the frontage on the river may be considered as lot frontage for the purpose of determining compliance with the frontage requirement of the zone provided that the lot has a right-of-way, that is owned fee-simple absolute as part of the lot, with a minimum width of twenty (20) feet that fronts on, provides access to, and connects the lot with an improved public street. (2002 Code § 16.28.060)

       30-7.7 Yard Areas, Building Orientation and Fenestration.

       a. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one (1) lot shall be considered as providing a yard or open space for a building on any other lot.

       b. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located except:

       1. Lots with frontage on more than one (1) street which are not corner lots may have a front and rear yard designated by the owner subject to:

       (a) If the lot contains a principal structure, the front will be considered the direction the principal structure faces.

       (b) If the lot does not contain a principal structure and only one (1) street frontage conforms to lot frontage requirements, the yard abutting the conforming street frontage will be considered the front yard.

       2. The designated rear yard of a lot with frontage on more than one (1) street shall be considered a rear yard for the purposes of this section, except for the area within the depth of the required minimum front yard determined as follows:

       (a) Not less than the lesser of the setback of existing principal structures on any adjacent lots (but not less than fifty (50%) percent of the minimum front yard required by the zone district).

       (b) No more than the minimum front yard required by the zone district.

       3. Any lot not meeting the definition of a corner lot that in any event has two (2) sides adjacent to the same street right-of-way shall meet the following requirements:

       (a) Any yard adjacent to a street right-of-way is required to maintain the minimum front yard setback for the zone in which the property is located.

       (b) For yards not adjacent to the street right-of-way, a minimum of a rear yard setback must be maintained for one (1) yard and a minimum of one (1) side yard setback must be maintained for any other yard.

       c. In the case of a corner lot, the yard most nearly opposite the front yard shall be considered a rear yard and the minimum rear yard requirement of the zone shall be maintained. A proposed principal building must be oriented to face, which means it must have its most prominent facade and principal entrance face, the front of the lot. The front of the lot for the purpose of designating a rear yard and orienting the principal building, shall be:

       1. The direction an existing principal building faces, or, if there is no existing principal building:

       2. The lesser lot frontage or, if both frontages are the same;

       

       3. Designated by the applicant.

       d. Each exterior face of a single-family dwelling shall include windows. The fenestrated portion of any elevation of a principal single-family dwelling shall not be less than four (4%) percent of the area of the building face.

       e. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that none of the aforesaid projections shall project into the minimum required yards more than twenty-four (24) inches, unless otherwise permitted by this chapter. (2002 Code § 16.28.070; Ord. No. 2009-29 § II)

       30-7.8 Accessory Buildings and Structures.

       Unless otherwise specified in this chapter on the zone district schedule, accessory buildings and structures shall conform to the following regulations as to their locations on the lot:

       a. Location of Accessory Buildings.

       1. An accessory building attached to a principal building shall comply in all respects with the zoning requirements for the principal building.

       2. Detached accessory buildings shall not be located in a front yard.

       3. Detached accessory buildings shall comply with the zone district standards of the zoning Schedule of Area, Yard and Building Requirements with the following exceptions:

       (a) A one (1) story detached garage may be located as provided under subsection 30-7.26, Garages.

       (b) Not more than one (1) shed with a height of ten (10) feet or less and a floor area of one hundred (100) square feet or less may be located not less than five (5) feet from any side or rear lot line.

       b. No detached accessory building, in any residential zone, shall be less than five (5) feet from a principal building.

       c. No accessory building shall be constructed before the principal building.

       d. Accessory buildings must be located on the same lot as the principal use to which they are accessory.

       e. Where the front or side yard is on a river, a private, in-ground swimming pool (including cabanas, aprons, decks, walks, etc.) or boathouses may be built in such front or side yard provided that in the R-30 and R-20 Districts, a side yard and front yard setback of twenty-five (25) feet is maintained. In all other districts, side yard and front yard setbacks of ten (10) feet shall be maintained, however accessory structures such as cabanas and boathouses shall maintain a setback of fifty (50) feet or the average setback of structures on the abutting riverfront property, whichever is greater. However, in no event shall the required setback be more than seventy-five (75) feet.

       f. The ground floor area of all accessory buildings may not exceed the following percentages of the ground floor of the principal building:

       1. R-40, R-30, R-20 Zones, thirty (30%) percent;

       2. R-15, R-10A, R- 10B, R-10, R-7.5, R-5 Zones, forty (40%) percent;

       3.B-1, B-2 Zones, fifty (50%) percent.

       g. In a single-family zone district or on a lot with a single-family dwelling, an entry driveway or walkway may cross any yard area but not more than twenty-five (25%) percent of the front yard area shall be used as a driveway or for off-street parking.

       h. A porch, deck, patio, or similar structure designed to adjoin or as part of the principal building shall in all cases conform to the yard requirements for the principal building except where the structure has no roof and is constructed not more than six (6) inches above grade, it shall adhere to the yard requirements for an accessory structure. A porch, without a roof or structure above it, of less than one hundred (100) square feet in total size, inclusive of steps, is permitted in the front yard without regard to setback standards.

       1. Fences and walls are regulated pursuant to subsection 30-7.25 of this chapter.

       j. Signs are regulated pursuant to subsection 30-7.24 of this chapter. (2002 Code § 16.28.080; Ord. No. 2014-04)

       30-7.9 Nonapplicability to Underground Utilities and Essential Services.

       The provisions of this chapter shall not apply to customary underground essential services as herein defined except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground, or any other above ground appurtenance of any type more than forty (40) feet high, shall require approval as a conditional use subject to the provisions of this chapter. (2002 Code § 16.28.090)

       30-7.10 Contiguous Lot Ownership.

       Where two (2) or more lots, created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one (1) or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this section and no portion of the parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter. (2002 Code § 16.28. 100)

       30-7.11 Height Limitations.

       a. No structure shall extend higher than the limit provided in each zone for building height.

       b. Turrets, spires, belfries, and domes shall not exceed the height of the ridge of the major roof type of the structure except that on a place of worship such structures shall be controlled by the conditional use requirements set forth for places of worship in subsection 30-6.3 of this chapter.

       c. Chimneys shall not project more than four (4) feet above the roof.

       d. Cupolas and similar small structures built on top of a roof shall not exceed four (4) feet deep, by four (4) feet wide, by six (6) feet high.

       e. The height limitations of this chapter shall apply to ventilators, skylights, HVAC equipment, stair towers and similar appurtenances usually carried above roof level except:

       1. Reserved.

       2. Reserved.

       3. Noncommercial television and radio antennas are regulated by subsection 30-7.20 of this chapter. (2002 Code § 16.28.110; Ord. No. B-434A § 3)

       30-7.12 Riparian Grants.

       Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant, provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit, shall not be applicable to meeting the minimum lot area for the governing zone. (2002 Code § 16.28.120)

       30-7.13 Solid Waste and Recyclable Storage for Single- and Two-Family Homes.

       Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers.

       Such receptacles shall not be stored or placed within front yard area prior to the time at which materials are permitted to be placed at the curblines for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing. (2002 Code § 16.28.130)

       30-7.14 Outdoor Storage of Materials.

       No nonresidential use shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter. (2002 Code § 16.28.140)

       30-7.15 Portable On-Demand Storage Structures.

       a. A portable on-demand storage structure may be utilized as a temporary structure within the Borough when in compliance with the standards of this section. Any use of such structures within the Borough not in compliance with this subsection shall be unlawful and subject to fines and penalties as permitted under this Code.

       b. The term "portable on-demand storage structures " shall be defined to be any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

       c. Use of a portable on-demand storage structure shall only be permitted where a permit has been issued by the Borough Code Enforcement Officer.

       1. An application for the permitted use of a portable on-demand storage structure may be obtained from the Code Enforcement Officer, and the application shall be submitted when completed by the party requesting use of a portable on-demand storage structure on that form provided by the Code Enforcement Officer to the Code Enforcement Officer with a sketch showing the location of the trailer on the site and detailing the distance of the trailer from other buildings, fire hydrants Fire Department connections and/or utilities.

       2. All portable on-demand storage units shall be placed in driveways unless otherwise approved by the Code Enforcement Officer.

       3. An application fee of twenty-five ($25.00) dollars shall accompany the form requesting such permission. Failure to obtain permission for placement of such temporary structure shall result in the issuance of an after-the-fact permit with a fee set at ten (10) times the amount of a permit issued prior to erection of such structure, two hundred fifty ($250.00) dollars.

       d. Length of time structures may be on property; extensions. A portable on-demand storage structure may be located as a temporary structure on property within the Borough for a period not exceeding thirty (30) days in duration from time of delivery to time of removal in circumstances where a construction permit for the property has not been issued. Where exceptional circumstances exist, the Code Enforcement Office may alter the permit to extend the time where these structures may be permitted on property.

       In such circumstances where a construction permit has been issued for the property, the portable on-demand storage structure may be located as a temporary structure on property for a period not exceeding ninety (90) days, with the right to three (3) thirty (30) day extensions if deemed necessary and appropriate by the Code Enforcement Office. In no event may a portable on-demand storage structure be located on property for a period in excess of one hundred eighty (180) days in any twelve (12) month period. Extensions beyond the one hundred eighty (180) days may be granted by the Borough Council. The property owner seeking the extension must apply to the Council at the time that the last thirty (30) day extension is applied for.

       e. No more than two (2) portable on-demand storage structures may be located on a specific piece of property within the Borough at one (1) time; such structures shall be individually limited for the duration time period established herein.

       f. No portable on-demand storage structure located within the Borough shall contain toxic or hazardous materials. (Ord. No. 2007-2 § 2; 16.28.140; Ord. No. 2007-6; Ord. No. 2008-03; Ord. No. 2008-18)

       30-7.16 Outdoor Display of Goods.

       a. Except during garage, estate or auction sales conducted pursuant to a permit issued by the Borough, no goods shall be displayed for sale in any residential zone district.

       b. Business uses shall not permanently display goods for sale, including motor vehicles, outdoors except where the goods displayed are the merchandise of a business included within a structure located on the site and the display is in accordance with a site plan approved by the Municipal Agency.

       c. Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five (5) such sales per year nor shall any one (1) sale exceed one (1) week in duration.

       d. Uses such as flea markets where two (2) or more concessionaires, proprietors or businesses display goods out of doors shall not be permitted in any zoning district within the Borough except temporary sales operated by nonprofit or charitable groups may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than two (2) such sales per year nor shall any one (1) sale exceed four (4) days in duration.

       e. Goods for sale, displayed or stored outdoors, in accordance with an approved site plan, shall not be located closer than twenty-five (25) feet to any street right-of-way or fifteen (15) feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.

       f. Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and on developed sites occupied by nonprofit or charitable groups. Such sales shall be in accordance with a permit issued by the Zoning Officer. No permit shall be issued unless adequate off-street stopping space or maneuvering space for vehicles of customers can be provided and it can be demonstrated that the temporary use will not interfere with other uses on the site. Each such use shall be permitted to have one (1) freestanding sign, no larger than twelve (12) square feet in area, no closer to any property than ten (10) feet, and not extending eight (8) feet in height. Such signs shall be temporary and shall be removed from the property on which the sales are being conducted no later than December 31.

       g. In the event an application for a restaurant is before the Zoning Board of Adjustment or Planning Board for site plan, subdivision or variance approval where a sidewalk cafe or outdoor dining is proposed, the reviewing Board will not have jurisdiction to approve the sidewalk cafe or outdoor dining but may make a recommendation to the Governing Body for review of a license pursuant to Section 4-2. (2002 Code § 16.28.150; Ord. No. 2013-07)

       30-7.17 Home Occupations.

       a. Home occupations, as defined in these regulations, are permitted as an accessory use in the zones specified provided that within any residential district, no building or lot with a home occupation will be constructed or altered so as to be inharmonious to the residential character of adjacent structures or to be inconsistent with the residential character of the dwelling unit.

       b. The types of construction not considered to be residential in character include, but are not limited to, store front type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), unfinished concrete blocks or cinder block wall surfaces, metal panels, elimination of porches and wall surfaces without doors and/or windows.

       c. The home occupation shall be clearly subordinate to the use of the dwelling for residential purposes and no external modifications shall be made that detract from the residential appearance of the dwelling unit. Any signs shall be limited to signs permitted in residential zones pursuant to subsection 30-7.24 of this chapter. A maximum of twenty-five (25) percent of the ground floor area of the dwelling may be used in the home occupation.

       d. All activities related to the home occupation shall be conducted within the dwelling. No outdoor display, repair, fabrication, processing, or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted.

       e. Not more than one (1) person who is not a member of the household in residence shall be employed in the home occupation.

       f. No equipment or process shall be used that creates noise, vibration, glare, fames, odor, or electrical or electronic interference detectable by neighbors.

       g. There shall be no use, storage, or disposal of any grouping or classification of materials that the Federal Secretary of Transportation or the State or the municipal Governing Body designates as a hazardous material.

       h. There shall be no appreciable increase in traffic or trips within the neighborhood as a result of the home occupation.

       1. Prior to the commencement of a home occupation, except for those occupations which are restricted to telecommuting, a zoning permit for the occupation must be obtained from the Borough Zoning Officer. The applicant shall specify the occupation to be engaged in, the area of the dwelling to be used in the occupation, any alterations to be made to the dwelling, and such other information as may be required by the Zoning Officer in order to make an informed determination that the use of the property will conform to the applicable regulations. (2002 Code § 16.28.160) (2002 Code § 16.12.140; Ord. No. 2007-13 § II; Ord. No. 2007-16 § II; Ord. No. 2008-3; Ord. No. 2008-18; Ord. No. 2010-06; Ord. No. 2010-20)

       30-7.18 Storage of Boats and Recreational Vehicles.

       a. Boats and boat trailers or parts, sections, pieces or appurtenances of boats or boat trailers shall not be placed or stored in any front or side yard on any lot situated in a residential zone, except:

       1. During the boating season (May 1 to November 1 of each year, unless the boat is operated in conjunction with a valid State of New Jersey Hunting, Fishing or Shellfish License in which case during the season for which the license has been issued), boats under twenty-one (21) feet in length, and if more than one (1) boat is parked or stored the combined length of all such boats shall not exceed forty-five (45) feet, may be parked or stored on any lot in a residential zone subject however to the following restrictions:

       (a) All boats parked or stored under this section of the ordinance shall be properly registered, if required, with New Jersey Motor Vehicle Commission or otherwise required by law.

       (b) Any boat placed or stored on a lot must be the property of the resident owner or resident tenant of the lot.

       (c) No boat may be placed or stored in any portion of the front or side yard with the exception of a concrete, brick, asphalt, or aggregate driveway.

       (d) A trailer may only be parked or stored in the front or side yard if it has a boat placed on it.

       2. A boat house located in accordance with the prescribed setbacks (see subsection 30-7.8e.) is permitted as an accessory building on a lot with direct access to navigable waterway.

       3. Nothing herein shall be construed to prohibit or restrict the storage of boats or boat trailers within the rear yards of properties within the residential zone.

       b. Boats or boat trailers or parts, sections, pieces or appurtenances of boats or boat trailers may not be placed or stored on any lot situated in the B-1 or B-2 Zone Districts except in accordance with a site plan approved by the Municipal Agency or, for lots occupied by only residential uses, in accordance with paragraph a. of this section.

       c. Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles shall not be parked overnight, stored or placed on any lot situated in a residential zone, except:

       1. Not more than one (1) recreational vehicle may be parked overnight, stored or placed on any lot in a residential zone.

       2. In residential zones, a recreational vehicle may be parked overnight, stored or placed only on a rear yard no closer than ten (10) feet to any property line.

       3. On a riverfront property the parking and storing of a recreational vehicle shall be permitted upon that yard (rear, front or side) which abuts the river or at some other part of the property totally screened from the road and in no case nearer than ten (10) feet from any property line other than the shoreline.

       d. Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles may not be parked overnight, stored or placed on any lot in the B-1 or B-2 Zone Districts except in accordance with a site plan approved by the Municipal Agency or, for lots occupied by only residential uses in accordance with paragraph c. of this section. (2002 Code § 16.28.170; Ord. No. 2009-12 § II; Ord. No. 2011-06)

       30-7.19 Commercial Vehicle Storage.

       a. No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of eight thousand (8,000) 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 eight thousand (8,000) 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. (2002 Code § 16.28.180)

       30-7.20 Wetlands Permit.

       No building, structure or use shall be permitted within areas defined as wetlands or wetlands transition areas by the New Jersey Wetlands Act of 1970 or the New Jersey Freshwater Wetlands Protection Act of 1987 except in accordance with a permit issued under the Act. (2002 Code § 16.28.190)

       30-7.21 Radio and Television Antennas.

       a. The provisions of this subsection shall apply to all radio and television antennas, including dish antennas for satellite television reception, herein referred to as dish antennas, except that these provisions shall not be deemed to permit towers and antennas for cellular telephone and personal communication services.

       b. A freestanding antenna shall be a permitted accessory use in all zones, provided that the lot on which it is located contains a principal structure.

       c. Freestanding antennas shall not be placed in the front yard, and shall meet side and rear yard setback standards for an accessory building for the zone in which the antenna is located.

       d. Procedure. Any property owner shall, prior to the placement of a freestanding antenna not attached to a building, submit to the Construction Code Official a plan showing the size of the antenna, the proposed location of same on the subject premises, and any other information as may be required herein.

       e. Plan Details. The plan shall be drawn on a map to a scale not smaller than one (1) inch equals ten (10) feet and include and show the following information:

       1. The name and address of the applicant and the name and address of the property owner; the name, address and title of the person preparing the plan; the date of preparation and the dates of each plan revision;

       

       2. An appropriate place for the signature of the Construction Code Official;

       3. The lot and block number(s) from the Borough tax map; the length and bearings of the lot lines; and the location of the proposed project;

       4. All existing buildings and structures and all accessory buildings and structures on the lot and location of the proposed project;

       5. Existing and proposed screening;

       6. Any and all other information necessary to meet any other requirements of this subsection not listed below.

       f. Regulations.

       1. Dish antenna of a diameter of twenty-four (24) inches or less may be mounted on any side of a roof of a structure provided the side of the roof does not front a public street and provided the top of dish antenna does not extend above the top line of the roof. A dish antenna of a diameter of more than twenty-four (24) inches shall be freestanding ground-mounted only.

       2. Power control and signal cables from freestanding, ground-mounted antenna to the served principal structure shall be buried underground and installed in accordance with the applicable electrical and building codes.

       3. Freestanding, ground-mounted antennas shall be screened to minimize visibility from the street and adjacent properties.

       g. Design Standards.

       1. The diameter of a dish antenna shall not exceed twelve (12) feet.

       2. A dish antenna shall be erected on a secured ground-mounted foundation in accordance with the appropriate building codes.

       3. The overall height from the ground level to the highest point of a dish antenna, including support structures; shall not exceed twelve (12) feet. (2002 Code § 16.28.200)

       30-7.22 Performance Standards.

       a. General Provisions. 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 with 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 be installed, or that specific operating 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.

       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. In the event 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. 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 subsection have been met.

       b. Applicability and Enforcement of Performance Standards.

       1. Applicability.

       (a) Prior to Construction and Operation. Any application for 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 the 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 the ordinance codified in 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 chapter, they are empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this subsection 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 incorporated by reference without being set forth in full with regard to this subsection.

       (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) Continuous airborne sound which has a sound level in excess of fifty (50) dBA; or

       (2) 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:

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       ; or

       (3) Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels;

       (4) The provisions of this subsection shall not apply to:

       1. Agriculture,

       ii. Bells, chimes or carillons while being used in conjunction with religious services,

       iii. Commercial motor vehicle operations,

       iv. Emergency energy release devices,

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

       vi. 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,

       vii. Noise of aircraft flight operations,

       viii. Public celebrations,

       ix. Public roadways,

       x. Stationary emergency signaling devices,

       xi. The unamplified human voice,

       xii. Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the 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.

       3. 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 of fuel burning equipment, provided, however, that smoke emitted during the cleaning of a fire box or a 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.

       4. Solid Particles.

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

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

       (c) In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.

       (d) No open burning shall be permitted in any zone.

       (e) All incinerators shall be approved by the State Department of Environmental Protection.

       (f) 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.

       5. Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be 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 I (Odor Thresholds in Air) in Part I (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted October, 1968, by the Manufacturing Chemists Association, Inc., Washington D.C., shall be used as a guide in determining quantities of offensive odors.

       6. Liquid Waste. No liquid waste shall be discharged into any water course, 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 Municipal Engineer, and where required by the New Jersey Department of Environmental Protection.

       7.Solid Waste. All uses in the municipality shall:

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

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

       (c) Comply with all provisions 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 municipal codes and ordinances.

       (f) Radiation. All use 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 et seq., as amended, whichever is more stringent.

       8. Fire and Explosion Hazards. All activities shall be carried on only in buildings, classified as fireproof by the State Uniform Construction Code 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 Fire Department.

       9. 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 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula 6.28F, where F is the frequency of the vibration in cycles per second. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this section, 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.

       10. 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 that

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

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

       12. Fire Resistant Construction. All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction Code.

       13. Glare. There shall be no direct or sky-reflected glare exceeding one and one-half (1.5) 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 0.1 footcandle in residential districts.

       14. 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 (0.5) one-half footcandles 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. (2002 Code § 16.28.210)

       30-7.23 Reserved.

       Former subsection 30-7.23, Property Maintenance, previously codified herein and containing portions of 2009 Code § 30-7.23 was repealed in its entirety by Ordinance No. 2013-14. See Chapter XIV for Property Maintenance Code.

       30-7.24 Signs.

       a. Purpose. The regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services, and facilities in Fair Haven without difficulty and confusion, to encourage the general attractiveness of the community, and to protect property values therein. Accordingly, it is the intention of this section to establish regulations governing the display of signs which will:

       1. Promote and protect public safety, comfort, convenience and aesthetics;

       2. Enhance the economy and the business of the Borough by promoting the reasonable, orderly and effective display of signs, and thereby encourage increased communication with the public;

       3. Restrict signs and lights which overload the public's capacity to receive information or which increase the probability of traffic congestion and accidents by distracting attention or obstructing vision.

       b. General Provisions.

       1. All signs shall conform to the requirements of the New Jersey Uniform Construction Code as adopted by the Borough and conform to generally accepted standards of workmanship.

       2. All signs to be erected, inscribed, installed, replaced or altered shall require a sign permit, except permitted signs for private residences and permitted temporary signs. All sign applications shall be submitted to the Construction Official.

       The application fee for such permit shall be twenty-five ($25.00) dollars. The application shall be approved or denied by the Construction Official within fifteen (15) working days after the application is received. Denial requires a written report from the Construction Official stating the reason the application has been denied. Denials may be appealed to the Zoning Board of Adjustment for a variance in accordance with N.J.S.A. 40:55D-70.

       3. The maximum height for freestanding or projecting signs, unless otherwise provided, shall not exceed twelve (12) feet above ground level. (See special restriction for signs in the historic district).

       4. All signs shall be located within the building line of the property, unless otherwise specifically provided.

       5. No permanent marquees or canopies shall extend into the front yard set back or over a public walk.

       6. Official signs erected by the Borough, County, State or Federal government shall be permitted in all districts.

       

       7. One (1) freestanding sign for identification shall be permitted for schools, churches, hospitals or similar institutions, and for permitted clubs and lodges, provided that the area shall not exceed thirty-five (35) square feet in total area.

       8. Floodlights shall not be located more than twelve (12) feet above ground level and shall be so placed and shielded as to prevent any glare or blinding effect upon any lane of moving traffic or into any residential property. No illumination shall be permitted on any sign from 11:00 p.m. until 6:00 a.m.

       9. No sign shall be located in such a manner as to materially impede the view of any street or intersection.

       10. Signage, lettering, messages, logos and similar words located on permitted architectural features, such as awnings, shall be included in the overall sign area. The area shall be defined by a geometrical shape that most accurately outlines the sign.

       11. Signs placed in windows are permitted subject to the following provisions. Except for "For Sale" and "For Rent" signs, any temporary signs or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall relate to products or services provided by the owner or tenant of the premises or to communications or announcements of charitable, civic or community organizations displayed with permission of an owner or tenant of the premises. The total area of all such temporary sign or signs shall not exceed twenty-five (25%) percent of the area of the window to which the sign or signs are attached or otherwise exposed to public view.

       12. The bottom of all projecting signs shall be at least eight (8) feet above ground level. The top of projecting signs shall be at right angles to the building and the outermost point of the sign shall not exceed more than three (3) feet from the side of the building.

       13. Only such signs as are specifically authorized by this chapter shall be permitted uses.

       14. Nonconforming Signs.

       (a) Any nonconforming sign structure existing at the time of the passage of this subsection may be continued until abandoned, destroyed or the termination of the business shall be more than partially destroyed, then the structure may not be rebuilt, restored, or repaired except in conformity to this chapter. Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged sign structure shall be prima facie evidence that the sign structure has been more than partially destroyed. Nothing in this chapter shall prevent the strengthening or restoring of any portion of a sign structure which has been declared unsafe by the Construction Official.

       (b) Maintenance. If the Construction Official shall find that the sign is unsafe, unsecured or in need of repair, or is not maintained in proper painted condition, the Construction Official shall give written notice to the permittee thereof. If the permittee fails to repair or remove it within thirty (30) days after such notice, such sign may be removed in order to comply, by the Construction Official at the expense of the permittee or owner of the property on which it is located.

       

       (c) Prohibited Signs.

       (1) No rotation beam, flashing illumination, or internal illumination shall be used in connection with any sign.

       (2) Signs with any lighting or control mechanism which may cause radio or television interference.

       (3) Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, door opening used as means of egress or ingress, or for firefighting purposes, or placed so as to interfere with any opening for ventilation required by law.

       (4) Signs utilizing the colors red or green in their illumination when the signs are placed within fifty (50) feet of a street intersection.

       (5) Any sign which is such a form, character or shape as to confuse or dangerously distract the attention of the driver of a motor vehicle.

       (6) Any advertisement that uses a series of two (2) or more signs or units, placed in a line parallel to the street, or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.

       (7) Signs which in any way simulate official, directional or waning signs erected or maintained by the State of New Jersey, Monmouth County, the Borough, or by railroad, or public utility or similar agency concerned with the protection of the public health or safety.

       (8) Pennants or streamers except during a fourteen (14) day period following the commencement of a new business or change of business ownership.

       (9) Signs which rotate or move or which have rotating or moving parts.

       (10) Signs which extend above the parapet of a building.

       (11) Signs which are attached to utility poles or trees.

       (12) Banners except for special events which are covered under paragraph b,14(f) of this subsection.

       (13) Signs of contractors, tradesmen and professionals located on the premises of job sites.

       (14) Signs on fencing advertising the company responsible for the fencing installation.

       (d) Permitted Signs in Residential Zones.

       (1) A sign to identify a permitted professional use or the occupant of a residence, a sign indicating the private nature of a driveway premises, and of similar nature, providing that the area on one (1) side of any such sign shall not exceed two (2) square feet, shall be situated within the property lines of the premises it identifies and if freestanding shall not exceed four (4) feet in height above existing ground level.

       (2) One (1) nonilluminated temporary sign advertising the prospective sale or rental of the premises upon which it is maintained, provided that the area on one (1) side of any such sign shall not exceed four (4) square feet, shall not exceed three (3) feet in height above ground level and that it shall be removed within three (3) days after consumption of a lease or sale transaction.

       (3) One (1) freestanding sign for each major subdivision, provided such sign shall not exceed twenty (20) square feet in area on each side and shall not exceed eight (8) feet in height. It shall be removed when the subdivision is completed.

       (4) One (1) decorative flag on the residential premises.

       (e) Permitted Signs in Business Zones.

       (1) Each business use may have:

       1. One (1) wall sign on the front of the building, not exceeding a total of ten (10%) percent of the front building face area and not exceeding thirty (30) square feet in area.

       ii. One (1) permanent window sign painted on the window. The sign shall only identify the business and shall not exceed fifty (15%) percent of the gross window area or ten (10) square feet, whichever is greater.

       iii. Advertising signs and material in the windows but the total area of all materials shall not exceed twenty-five (25%) percent of the window area.

       (2) Each commercial building may have:

       1. One (1) projecting sign not exceeding five (5%) percent of the front building face area, with a maximum sign area of twenty (20) square feet; or

       ii. One (1) freestanding sign not exceeding a sign area of twenty-five (25) square feet on one (1) side;

       iii. One (1) decorative flag per building.

       (3) The overall sign area of all signs shall not exceed fifteen (15%) percent of the front building face area.

       (4) Where a business structure is located in the intersection of two (2) streets, or a street and a parking lot, an additional wall sign may be erected or inscribed upon the side wall, provided that such wall sign does not exceed five (5%) percent of the face area of the front of the building. (This is included in the fifteen (15%) percent of the face of the building).

       (5) Where the rear of the business structure adjoins a parking area or public access to a street, a wall sign not exceeding five (5) square feet may be erected or inscribed, provided the total sign area of the premises does not exceed fifteen (15%) percent of the building face area. However, where a public entrance exists at the rear of the business structure, a wall sign not exceeding two (2) square feet and stating the name of the premises only may be erected or inscribed, which shall not be counted toward the fifteen (15%) percent of building face area limitation imposed in this section.

       (6) One (1) temporary sign advertising the sale or rental of real estate on which it is located shall be permitted, provided that the area on one (1) side of such sign shall not exceed an area of ten (10) square feet.

       (7) Directional signs may be permitted on the premises, however, no such sign shall exceed four (4) square feet in area.

       (8) No freestanding sign shall be erected, installed or maintained nearer than ten (10) feet from the boundary of any residential zone. The illumination, if any, of such signs shall be of such intensity and so directed as not to cause light to flow on to the adjacent residential property.

       (9) Service stations shall be permitted to have up to three (3) freestanding portable signs. No more than one (1) sign shall be permitted at a property line. The signs shall not exceed fifteen (15) square feet in area on each side.

       (10) Service stations may have one (1) freestanding internally illuminated sign with a maximum area of thirty-five (35) square feet on one (1) side and a maximum height of eighteen (18) feet above existing grade.

       (f) Special Event Signs.

       (1) Civic groups or service organizations may erect a temporary sign prior to a special event provided that permission is granted by the Mayor and Council.

       (2) Any business or professional user shall be allowed to erect special event advertising material. Special event advertising material may be either one (1) banner or one (1) portable sign. The banner or portable sign shall not exceed fifteen (15) square feet in area on one (1) side.

       (3) Provided a garage sale permit has been obtained, signs advertising a garage sale may not exceed two (2) square feet in area. The signs may only contain the term "garage sale," "yard sale," "estate sale" or language similar in nature and the address of the property where the sale is to be held. One (1) garage sale sign may be posted on the property where the sale is to be held and not more than two (2) additional signs may be posted on private property within the Borough, but not on public property or utility poles. The sign posted on the property where the sale is to be held may be displayed up to five (5) days prior to the sale and must be removed immediately following the sale. The signs posted within the Borough, but not on the property where the sale is to be held, may only be posted on the day of the sale and must be removed on the day that the sale is concluded.

       (g) Historic District.

       (1) The Fair Haven Historic Commission may erect or cause to be erected on public property within the historic district informational signs or plaques conveying historic information. No permit fees will be charged for such signs.

       

       (2) With the approval of the Historic Commission, brass plaques, not to exceed one and one-half (1 1/2) square feet, containing historic data on the structure, may be affixed on the front of the buildings within the historic district.

       (3) Businesses located within the historic district may erect signs which shall be in accordance with the standards set forth in the guidelines established by the Historic Preservation Commission (see the Building Code Official for a copy of the guidelines published by the Historic Preservation Commission and approved by Council). In addition, special provision for signs within the historic districts are:

       1. The height from the ground to the top of an authorized freestanding sign shall not exceed ten (10) feet.

       ii. The setback from the edge of the sidewalk furthest from the curbing to the edge of a sign shall be a minimum of two (2) feet.

       iii. The size of each sign erected on a building with more than one (1) business occupying the building shall be a maximum of ten (10) square feet, with the total square footage for all signs erected on the building being a maximum of thirty-five (35) square feet.

       iv. A freestanding sign on business premises which accommodate a single business entity shall not exceed twenty (20) square feet.

       v. All signs and posts to display signs shall be constructed of wood or materials which simulate wood in appearance.

       vi. All posts shall be finished with paint or opaque stain. All other provisions of this subsection remain in effect with respect to the historic district.

       (h) Temporary Real Estate Directional Signs.

       Temporary real estate directional signs are permitted in residential and business zones under the following circumstances:

       (1) "Temporary real estate directional signs" shall be defined as removable, freestanding signs, to be placed in or on the ground, not to exceed 18 inches in height, 24 inches in width and no higher than 30 inches above existing grade and shall only indicate the location or directions to a residential property in the Borough to announce an open house utilized in connection with the marketing of that property.

       (2) No more than one temporary real estate directional sign shall be located on any one lot for each open house. The maximum number of temporary real estate directional signs shall be limited to two for any one open house.

       (3) A temporary real estate directional sign may only be installed during the hours from 11:00 a.m. to 5:00 p.m. on the day the open house is being conducted. All temporary real estate directional signs shall be removed no later than 6:00 p.m. of the day of the open house.

       (4) A temporary real estate directional sign, as defined herein, shall not include any illumination, nor shall there be affixed thereon any balloon, streamer or any other decorative accessory. (2002 Code § 16.28.030; Ord. No. 2009-16; Ord. No. 2010-04; Ord. No. 2011-04; Ord. No. 2015-04)

       SIGNS MASTER MATRIX PLAN

       (Subsection 30-7.24)

       This matrix is for guidance. The text of the section prevails.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Code

       P.= Permitted

       WPL = Within property line

       NP = Not Permitted

       * from bottom of sign

       Note: Total area of all signs for one (1) structure in the business zone shall not exceed fifteen (15%) percent of the building face area. (2002 Code Table 16.28.030)

       30-7.25 Fences and Walls.

       a. No fence shall be constructed on any property unless a fence permit for such fence has been issued. An application for a fence permit shall be submitted to the Construction Official accompanied by an application fee of ten ($10.00) dollars and shall be accompanied by a plan showing the height, type, and location of the proposed fence in relation to lot lines, the street, buildings and other structures. The application shall be acted upon by the Construction Official within fifteen (15) days of submission. Decorative and animal control fences for use around gardens, shrubs, etc., shall be exempt from the permitting process, but must comply with all height and type requirements.

       b. No fence shall exceed six (6) feet in height except as follows:

       1. On park, recreation or school properties, open wire fences not exceeding eight (8) feet in height may be erected in the rear or side yard areas and behind the building setback line.

       2. Fences specifically required or approved by the Borough Planning Board, Board of Adjustment, Borough Council or required by other provisions of this chapter or other municipal and State regulations.

       c. No fence exceeding forty-two (42) inches in height shall be erected within a front yard, or within fifty (50) feet of any river, lagoon, or other body of water. Residents living adjacent to public property used for waterfront access may have the height requirement waived after application to the Construction Official. For fence posts only, when designed with an ornamental or decorative cap moulding or trim or a newel cap, are permitted to have a maximum height of forty-eight (48) inches.

       d. Fences constructed of stone, block, brick or other masonry construction shall not exceed thirty (30) inches in height. Freestanding pillars shall be exempt from the height requirement. Any fence constructed of concrete or concrete block shall have a decorative finish surface of stucco or shall be constructed of concrete masonry units having a decorative finish surface such as a split face, fluted or ribbed or scored block.

       e. Fences located within a front yard or within fifty (50) feet of any river, lagoon, or other body of water shall be open fences as defined in this chapter.

       f. Chain link, open wire, or wire mesh fence shall not be located in a front yard.

       g. In any business zone, a chain link, open wire, or wire mesh fence not exceeding six (6) feet in height may be erected in the rear or side yard of a multi-family or nonresidential use in accordance with a site plan approved by the Municipal Agency.

       h. All fences must be erected within the property lines and no fence shall be erected as to encroach upon a public right-of-way.

       1. Fences or walls with pointed or sharpened metal elements or with angular embedded glass or ceramic elements or with barbed wire, razor wire or electric elements or with a design or element which, in the opinion of the Code Enforcement Officer, is otherwise hazardous or dangerous are prohibited in all zones.

       j. Canvas or cloth fence and fencing construction is prohibited in all zones.

       k. All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

       l. Tennis court fences, baseball and softball backstops and spectator protective fencing located within a public park or public recreation area of the Borough are exempt from the requirements of this subsection. In all other locations such fencing is exempt from the requirements of this subsection provided it is not located within a required yard area. Located outside of any required yard area, such fencing is subject to the height limitations of the particular zone district.

       m. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or damaged to create ponding.

       n. Any fence erected within the historic district shall adhere to the "Design Guidelines of the Fair Haven Historic District" adopted by the Fair Haven Historic Preservation Commission provided these guidelines have been approved by the Borough Council.

       0. Any sign or label identifying a fence manufacturer or contractor shall be re moved at the time of installation of the fence.

       p. Fences specifically required by law shall be exempt from the fence standards of this subsection but only to the extent of meeting the minimum requirements of the law and such fences shall remain subject to the requirement for the issuance of a fence permit. (2002 Code § 16.28.240)

       30-7.26 Garages.

       a. A private garage accessory to a principal building is permitted in any zone district.

       b. On any lot in any R-40, R-30, R-20, or R-15 Zone, private garage space may be provided for not more than three (3) motor vehicles. In any R-10A, R-10B, R-10, R-7.5, and R-5 Zone, private garage space may be provided for not more than two (2) motor vehicles; and no public garage is permitted in a single-family residential zone.

       c. No part of any garage shall be used for residential purposes.

       d. In any R-40 or R-30 Zone, a garage for the storage of at least two (2) automobiles shall be provided for each detached dwelling unit. In any of the aforementioned zones or in any residential zone where a garage exists, and such garage is needed to meet the off-street parking requirements, the garage shall not be enclosed and/or converted into another use without the property owner constructing a conforming replacement garage.

       e. Except as provided by subsection 30-7.19 of this section, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone, provided however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.

       f. No detached garage shall exceed one (1) story in height.

       g. A one-story detached garage may be located not less than five (5) feet from any side or rear lot line provided it is at least fifty (50) feet from any principal dwelling located on any adjoining lot. (2002 Code § 16.28.250)

       30-7.27 Soil Removal and Fill.

       No fill in excess of ten (10) cubic yards shall be placed on any property within the Borough nor shall any soil be removed from any property within the Borough without the prior approval of the Borough. Approval of a site plan or subdivision showing such filling or removal or approval of grading plan by the Construction Official and/or the Planning Board or Borough Engineer shall constitute such prior approval of the Borough. (2002 Code § 16.28.260)

       30-7.28 Tennis Courts, Platform Tennis, and Residential Recreational Lighting.

       Tennis courts and platform tennis courts are permitted as an accessory in the zones specified on single-family residential properties of sixty thousand (60,000) square feet or larger subject to the following requirements:

       a. No lighting of tennis courts or paddle tennis courts shall be permitted in any residential zone district.

       b. Only one (1) court of regulation size is permitted and may be enclosed by a chain link fence not more than twelve (12) feet high.

       c. The court, inclusive of fence, shall be set back thirty-five (35) feet from side and fifty (50) feet from rear property lines and shall not be used for play after dark.

       d. A grading and drainage plan for the court shall be submitted to the Borough Engineer for review and approval. The plan shall be designed to control surface waters in a manner that will not adversely affect the subject property or abutting plans. An engineering fee of two hundred ($200.00) dollars shall be paid by the applicant for the initial review and a review fee of one hundred ($100.00) dollars shall be paid for each review of a revised plan. (2002 Code § 16.28.270)

       30-7.29 Relocation of a Building.

       Prior to the moving and relocation of any building from the existing foundation to a site within the Borough, the foundation at the proposed site shall have been completed. Work to secure the relocated building on the new foundation shall be pursued immediately and the building shall not be placed in any temporary location except during the twenty-four (24) period when the work of moving is done. (2002 Code § 16.28.280)

       30-7.30 Hours of Operation.

       No business, office or commercial activity which invites or permits customer or public use, visitation or occupancy shall operate between the hours of 11:00 p.m. and 6:00 a.m. except: (1) Those businesses (such as establishments licensed to serve alcoholic beverages) which have their hours regulated by government law, regulation or ordinance, or (2) in accordance with specific site plan approval by the Municipal Agency. (2002 Code § 16.28.290)

       30-7.31 Lots Bordering on a River.

       These provisions apply to lot fronting on a river or other navigable waterway:

       a. The yard bordering on a river or other navigable waterway may be designed as a front yard if the water frontage conforms to the minimum lot frontage of the zone district.

       b. If the yard is so designated then the minimum required lot frontage on an improved street shall be provided as specified in subsection 30-7.6 of this section for a lot fronting on a river. In any subdivision, the road frontage reduction permitted by this provision may only be applied to one (1) lot.

       c. Accessory buildings shall conform to subsection 30-7.8 of this section.

       

       d. Yard restrictions shall be subject to subsection 30-7.7b of this section.

       e. The minimum setback from a river, except for accessory structures provided for in subsection 30-7.8e of this section, and docks and bulkheads, shall be the greater of fifty (50) feet or the average of the existing setback of structures on the abutting river front property. However, in no event shall the required setback be more than seventy-five (75) feet.

       f. In all zones fronting on a river, the height of hedges, screen plantings, walls or fences between residential properties shall in no event exceed three (3) feet within the required river setback; provided, however, this section shall not be construed to prohibit the planting of shade or ornamental trees either individually or in small groupings. (2002 Code § 16.28.300

       30-7.32 Reserved.

       Former subsection 30-7.32, Riparian Buffers, previously codified herein and containing portions of Ordinance Nos. 9-26-05C and 2010-19, was repealed in its entirety by Ordinance No. 2013-17. See Section 30-13 for Riparian Buffers.

       30-7.33 Reserved.

       Former subsection 30-7.33, Stormwater Management and Control, previously codified herein and containing portions of Ordinance No. 2008-11, was repealed in its entirety by Ordinance No. 2013-17. See Section 30-14 for Stormwater Management and Control.

       30-7.34 Reserved.

       Former subsection 30-7.34, Tree Preservation, previously codified herein and containing portions of Ordinance Nos. 7-10-06, 2007-12, 2008-7 was repealed by Ordinance No. 2013-12. See Section 14-8 for Tree Preservation.

       30-8 DESIGN GUIDELINES AND STANDARDS FOR SUBDIVISIONS AND SITE PLANS.

       30-8.1 Purpose.

       The purpose of good subdivision and site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a project will be an asset to a community.

       This section presents design guidelines and standards which are differentiated as follows: design guidelines (subsection 30-8.2) provide a framework for sound planning; design standards (subsections 39-8.3 through 30-8.5) set forth specific improvement requirements.

       The developer shall only be permitted to build the maximum density, intensity of development, and floor area ratio permitted by the zone district requirements schedule where it is demonstrated that the development adheres to all applicable ordinances, including the design standards and guidelines set forth herein and creates no exceptional adverse impacts. Deviations from the standards and guidelines of this section will only be permitted when authorized by the Municipal Agency through the issuance of a design waiver.

       The purposes of the guidelines and standards is to ensure that the design of new development gives appropriate consideration to the scale and character of the existing neighborhood in which a development is to be located. (2002 Code § 16.32.010)

       30-8.2 Design Guidelines.

       In project design and in reviewing project applications, the following principles of subdivision and site design shall apply:

       a. Data Gathering and Site Analysis.

       1. Assess site characteristics, such as general site context and surrounding land uses; geology and soil; topography; climate; ecology; existing vegetation, structures, and road networks; visual features; and past and present use of the site.

       b. Subdivision and Site Design.

       1. Base the design of the development on the site analysis. Locate development to the maximum extent practical to preserve the natural features of the site, to preserve areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features and to create an appropriate design relationship to surrounding uses.

       2. Design and arrange streets, lots, parking areas, buildings, and units to reduce unnecessary impervious cover, and to mitigate adverse effects of shadow, noise, odor, traffic, transportation, drainage, and utilities on neighboring properties.

       3. Consider all existing local and regional plans for the surrounding community.

       4. Design storm drainage facilities as an integral part of the development, and arrange the design to use as much of the natural drainage as possible.

       5.Design lots and sites to reduce cut and fill, and to avoid flooding and adversely affecting groundwater and aquifer recharge; and provide for sewage disposal and adequate access.

       c. Residential Development Design.

       1. Residential developments may be arranged as permitted by the zone district regulations. Consider topography, privacy, building heights, orientation, drainage, and aesthetics in placement of units. Provide units with private outdoor space where appropriate and practical.

       2. Space buildings so that adequate privacy is provided for units.

       d. Nonresidential Development Design.

       1. Design nonresidential and industrial developments according to the same principles governing design of residential developments; locate buildings based on topography; avoid to the maximum extent practical environmentally sensitive areas; consider factors such as drainage, noise, odor and surrounding land uses in citing buildings; buffer where adverse impacts exist.

       e. Circulation System Design.

       1. Design the street system to permit the safe, efficient, and orderly movement of traffic.

       2. In addition, design the street system to meet the following objectives: to meet but not exceed the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape.

       3. Design streets in a hierarchical system (see Section 30-9 of this chapter).

       4. Locate pedestrian walkways parallel to the street, but permit exceptions to preserve topographical or natural features, or to provide visual interest or for ease of circulation.

       5. Where separate bicycle paths are required by the master plan, design those for commuters so that they are reasonably direct. Design recreational paths to follow scenic routes, with points of interest highlighted.

       6. Within commercial areas cross connections and cross easements among properties should be provided to allow for ease of vehicular and pedestrian access.

       f. Landscape Design.

       1. Provide landscaping in public areas, on recreation sites, and adjacent to buildings to screen parking areas, mitigate adverse impacts, and provide windbreaks for winter winds and summer cooling for buildings, streets, and parking.

       2. Select the plant or other landscaping material that will best serve the intended function, and use landscaping materials, appropriate for local soil conditions, water availability, and environment.

       3. Vary the type and amount of landscaping with type of development, and accent site entrance with special landscaping treatment.

       4. Consider massing trees at critical points rather than in a straight line at predetermined intervals along streets.

       5. Consider the impact of any proposed landscaping plan at various time intervals. Shrubs may grow and eventually block sight distances. Foundation plants may block out building windows.

       g. Building Design.

       1. Building design should enhance the visual pattern of the surrounding community by promoting visual harmony and utilizing transitions between new and older buildings.

       

       2. New buildings should strength particular design features of the area by, for example, framing views, enclosing open space, or continuing particular design features or statements.

       3. The height and bulk of new buildings should be compatible with the planned scale of surrounding development. (2002 Code § 16.32.020)

       30-8.3 Design Standards-General Site Design.

       a. In subdivision and site design, the following areas shall be preserved as undeveloped open space:

       1. Wetlands (as defined in Section 404, Federal Water Pollution Control Act Amendments of 1972 and delineated on wetlands maps prepared by the United States Fish and Wildlife Service, and/or N.J.A.C. 7:7A, the New Jersey Freshwater Protection Act Rules, field verified by an on-site inspection);

       2. Significant trees, (defined as the largest known individual trees of each species in New Jersey as listed by the New Jersey Department of Environmental Protection (NJDEP) Bureau of Forestry; large trees approaching the diameter of the known largest tree; and/or species that are rare to that area or of particular horticultural or landscape value);

       3. Lands in the floodplain (as defined by N.J.D.E.P. in its Stream Encroachment Manual) or identified as "A" or "V" zones on the current Borough Flood Insurance Rate Map;

       4. Steep slopes (in excess of fifteen (15%) percent as measured over a ten (10) foot interval unless appropriate engineering measures concerning slope stability, erosion and resident safety are taken); and

       5. Habitats of endangered wildlife (as identified on Federal or State lists).

       b. Residential lots shall front on local streets to the extent possible.

       c. Every lot shall have access to it that is sufficient to afford a reasonable means of ingress or egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.

       d. The road system for residential subdivisions shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.

       e. To the extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.

       f. Every proposed lot shall be suitable for its intended use. Every lot created hereafter shall provide sufficient developable area within the building envelope as delineated by the required setbacks for the placement of the principal building(s), parking, loading, circulation, useable open space, and other improvements. The developable area within the building envelope shall be reasonably free of and unconstrained by wetlands, steep slopes with a gradient of fifteen (15%) percent or greater, and easements or other limiting features. An applicant may be required to submit alternative designs to ensure that each lot is suitable to the intended use and the Municipal Agency may withhold approval of any lot which it determines to be unsuitable. (2002 Code § 16.32.030)

       30-8.4 Design Standards; Landscaping.

       a. Purpose.

       1. Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

       2. Landscaping may include plant materials such as trees, shrubs, ground cover, perennial, and annuals and other materials such as rocks, water, sculpture, art, walls, fences, and building and paving materials.

       b. Landscape Plan. A landscape plan prepared by a certified landscape architect shall be submitted with each subdivision or site plan application, unless an exception is granted pursuant to subsection 30-3.4a, 1(f) of this chapter. The plan shall identify existing wooded areas and existing trees, six (6) inches or greater caliper, and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.

       c. Site Protection and General Planting Requirements.

       1. Topsoil Preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces. At least four (4) inches of even cover shall be provided to all disturbed areas of the development and shall be stabilized by seeding or planting. If excess topsoil remains, the thickness shall be increased. If additional is required, the developer shall provide it. Removal of excess topsoil shall only be permitted in accordance with a plan approval by the Municipal Agency.

       2. Removal of Debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead dying trees, standing or fallen, shall be removed from the site. If trees and limbs reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall permitted to dispose of site-generated new construction wastes on-site as long as conditions set forth in N.J.A.C. 7:26-1 are met.

       3. Protection of Existing Plantings Maximum effort should be made to save fine specimens (because of size or relative rarity). The Municipal Agency may require submittal of a plan for the conservation of existing trees and shrubs. Such plans shall indicate which trees and shrubs are to be cleared and which shall be retained. All Dogwood (Cornus florida) and America in Holly (Ilex opaca) having a trunk of one (1) inch or greater at breast height, and all native Laurel shrubs (Kalmia latifolia). No material or temporary soil deposits shall be placed within four (4) feet of shrubs or ten (10) feet of trees designated to retained on the preliminary and/or final plat. Protective barriers or tree wells shall installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four (4) feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

       4. On major applications, a tree save plan shall be submitted for approval by the Municipal Agency. The plan shall include:

       (a) Slope Plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one (1) foot vertically to three (3) feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

       (b) Additional Landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy, or for aesthetic reasons in accordance with a planting plan approved by the Municipal Agency. In nonresidential developments, all areas of the site not occupied by building and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of a site plan approved by the Planning Board.

       At a minimum, the equivalent of at least two (2) shrubs and one (1) shade or ornamental tree of two and one-half (2 1/2) inch caliper or greater shall be provided for each one thousand five hundred (1,500) square feet of area of a residential development not covered by buildings or improvements and for each one thousand (1,000) square feet of nonresidential development. Existing healthy specimen trees may be included in satisfying these requirements. These plantings shall be in addition to any other landscaping requirements including landscaping of off-street parking areas and buffer areas.

       (c)Planting Specifications. Deciduous trees shall have a least a two (2) inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting seasons.

       (d) Plant Species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.

       d. Street Trees.

       1. Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or street lights. Tree location, landscaping design, and spacing plan shall be approved by the Planning Board as part of the landscape plan.

       2. Tree Type. Tree type may vary depending on overall effect desired, but as a general rule, all trees shall be the same kind on a street except to achieve special effects. Selection of tree type shall be approved by the Municipal Agency.

       3. Planting Specifications. All trees shall have a caliper of two and one-half (2 1/2) inches and they shall be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.

       e. Buffering and Screening.

       1. Function and Materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. If may consist of fencing, evergreens, berms, rocks, boulders, mounds, or combinations to achieve the stated objectives.

       2. When Required. All uses, other than single-family detached and two-family detached dwellings and their accessory uses, shall provide buffers along side and rear property lines which abut areas zoned residentially or used for residential purposes. Buffering shall also be required when topographical or other barriers do not provide reasonable screening and when the Municipal Agency determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, glaring light, and traffic. In dense developments, when building design and siting do not provide privacy, the Municipal Agency may require landscaping, fences, or walls to ensure privacy and screen dwelling units.

       Where required, buffers shall be measured from property lines.

       (a) Buffer strips shall be twenty-five (25) feet wide but need not exceed ten (10%) percent of the lot area. Where a twenty-five (25) foot wide buffer is infeasible because of established development patterns, the Board may consider alternative designs that would create an effective buffer.

       (b) In addition to any required buffer, parking area, garbage collection, utility areas and loading and unloading areas should be screened around their perimeter by a strip a minimum of five (5) feet wide. This screening strip may be omitted when areas cited as adjacent to a twenty-five (25) foot wide buffer.

       (c) It is preferred that residential lots abut and have access from local streets. When they must abut higher-order streets, a landscaped buffer area shall be provided along the property line abutting the road. The buffer shall have a minimum width equal to the required front yard setback of the lot. The portion of the lot within the buffer strip shall not be included in determining minimum lot area. Yard setbacks shall be measured from the buffer strip limit.

       3. Design. Arrangement of planting in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, or broken rows. If planted berms are used, the minimum top width shall be four (4) feet, and the maximum side slope shall be 2:1.

       4. Planting Specifications. Plant materials shall be sufficiently large and planted in

       such a fashion that a screen at least eight (8) feet high, occupying fifty (50%) percent of the width of the buffer strip, shall be produced within three (3) growing seasons. All plantings shall be installed according to accepted horticultural standards.

       5. Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.

       f. Parking Lot Landscaping.

       1. Amount Required. In parking lots, at least five (5%) percent of the interior parking area shall be landscaped with plantings, and one (1) tree for each ten (10) spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five (5) feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for street trees.

       2. Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays, or in diamonds between parking stalls. All landscaping in parking areas and on the street parking lot is exclusive of other planting requirements, such as for street trees.

       3. Plant Type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted; the area between trees shall be planted with shrubs or ground cover or covered with mulch.

       g. Paving Materials and Walls and Fences.

       1. Paving Materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors; cost, maintenance, use, climate, characteristics of users, appearance, availability with surroundings, decorative quality, and aesthetic appeal. Acceptable materials shall include, but are not limited to, concrete, brick, cement pavers, asphalt and stone.

       2. Walls and fences shall be erected where required for privacy, screening, separation, security, or to serve other necessary functions.

       (a) Design and materials shall be functional, they shall complement the character of the site and type of building, and they shall be suited to the nature of the project.

       (b) No fence or walk shall be so constructed or installed so as to constitute a hazard to traffic or safety.

       h. Street Furniture.

       1. Street furniture such as, but not limited to, trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional needs.

       2. Street furniture elements shall be compatible in form, material, and finish. Style shall be coordinated with that of the existing or proposed site architecture.

       3.Selection of street furniture shall consider durability, maintenance, and long-term cost. (2002 Code § 16.32.040)

       30-8.5 Design Standards; Recycling and Solid Waste.

       In order to ensure that future development is designed to accommodate the recycling of solid waste, site plan, subdivision applications shall adhere to the following:

       a. Materials designated in Section 30-7 of this Code shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:

       1. For major applications, each single- or two-family dwelling, all provide a storage area of at least twelve (12) square feet within each dwelling unit to accommodate a four (4) week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

       2. For major applications, each multi-family unit shall provide a storage area of at least three (3) square feet within each dwelling unit to accommodate a one (1) week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one (1) or more common storage areas must also be provided at convenient locations within the development.

       3. Each application for a nonresidential use which utilizes one thousand (1,000) square feet or more of land shall provide the Municipal Agency with estimates of the quantity of mandated recyclable materials (including but not limited to: 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 be provided to accommodate a one (1) to four (4) weeks' accumulation of recyclable material. The Municipal Agency may require the location of one (1) or more common storage areas at convenient locations within the development.

       b. Common storage or holding areas shall be designed to accommodate truck access and shall be suitably screened as required by subsection 30-8.4e,2 of this section. It is preferred that solid waste collection areas be adjacent to but separate from recyclable storage areas.

       c. The applicant shall submit sufficient details of the solid waste and recyclables to be generated by any application to allow the Municipal Agency to reach an affirmative conclusion that proposed provisions are sufficient.

       

       d. The Municipal Agency, in the interpretation/enforcement of this section, may seek and rely upon the opinions of the Director of Public Works and/or the Municipal Recycling Coordinator. (2002 Code § 16.32.050)

       30-9 IMPROVEMENT STANDARDS, SPECIFIC CRITERIA AND CONSTRUCTION SPECIFICATIONS.

       30-9.1 Purpose.

       a. The purpose of this section is to set forth improvement standards and construction specifications for developments. Where a standard in Section 30-7 is referenced as a requirement by Section 30-5, Zoning District Regulations, or by Section 30-6, Conditional Uses, or by Section 30-7, General Zoning Provisions, then a deviation from the specified standard shall only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70. In all other cases, relief may only be authorized as an exception to subdivision or site plan regulations pursuant to N.J.S.A. 40:55D-51.

       A.subdivision and/or site plan shall conform to standards that will result in a well-planned community, protect the health and safety of the residents, and provide a desirable living environment. The following improvements shall be required: streets and circulation, off-street parking, water supply, sanitary sewers, and stormwater management.

       The requirements and standards of this section shall apply to all land development within the Borough except that with respect to development applications for residential subdivision or residential site plan approval, the residential site improvement standards of Article 3, Chapter 21 of the New Jersey Administrative Code shall govern, but only with respect to the particular standards or particular requirements, which are operative and have been validly adopted by the New Jersey Commissioner of Community Affairs pursuant to N.J.S.A. 40:55D40.1 et seq. If with respect to a particular standard or matter, no Statewide standard has been validly adopted by the Commissioner of Community Affairs, the requirements and standards of the development regulations of the Borough shall govern in such respect. In the event of future amendments of the residential site improvements of the Residential Site Improvement Act, N.J.S.A. 40:55D40.1 et seq., then only those specific sections of the development regulations of the Borough which are covered by the Act shall be superseded by the Statewide residential site improvement standards then in effect, and all other standards of the development regulations of the Borough shall be applicable to all land development applications in every case. (2002 Code § 16.36.010)

       With respect to a particular standard or matter, no Statewide standard has been validly adopted by the Commissioner of Community Affairs, the requirements and standards of the development regulations of the Borough shall govern in such respect. In the event of future amendments of the residential site improvements of the Residential Site Improvement Act, N.J.S.A. 40:55D40.1 et seq., then only those specific sections of the development regulations of the Borough which are covered by the Act shall be superseded by the Statewide residential site improvement standards then in effect, and all other standards of the development regulations of the Borough shall be applicable to all land development applications in every case. (2002 Code § 16.36.010)

       b. Payment in Lieu of Installation of Improvements Required under the Improvement Standards. In lieu of installing sidewalks, curbs, gutters or drywells, a property owner or applicant may seek permission from the Borough Engineer to make a payment to the Borough in an amount equal to the cost of the required improvement by demonstrating to the Borough Engineer that one or more of these improvements is not practicable under the circumstances. The decision of the Borough Engineer shall be binding on the property owner or applicant. The amount of the required payment shall be determined by the Borough Engineer after reviewing estimates prepared by the property owner or applicant or its engineer. The payment shall be deposited by the Borough into a dedicated account designated as "The Borough of Fair Haven Sidewalk Bank Account." Any funds deposited into the account shall be utilized by the Borough for the express purpose of installing or repairing curbs or sidewalks on Borough sites and locations to be determined by the Borough Engineer, upon proper authorization from the Governing Body. (Ord. No. 2015-07) (2002 Code § 16.36.010; Ord. No. 2015-07)

       30-9.2 Improvement Standards.

       a. Streets.

       1. General.

       (a) The arrangement of streets shall conform to the master plan.

       (b) For streets not shown on the master plan or official map, the arrangement shall provide for the appropriate extension of existing streets.

       (c) Streets shall be arranged so as to discourage through traffic and provide for maximum privacy.

       2. Street Hierarchy.

       (a) Streets shall be classified in a street hierarchy system with design tailored to function.

       (b) The street hierarchy system shall be defined by road function and traffic. The following classification shall be utilized in the Borough and each proposed street shall be classified and designed for its entire length to meet the described standards.

       (1) Collector streets collect traffic from local streets and channel it into the system or arterial highways. The right-of-way width for collector streets within the jurisdiction of the Borough is sixty (60) feet. The right-of-way shall have a cartway width of at least thirty-six (36) feet to allow for two (2) ten (10) foot moving lanes and two (2) eight (8) foot wide parking lanes. In addition, the right-of-way width shall allow for curb, sidewalk utility, and shade tree installation.

       (2) Local streets provide frontage for access to lots and carry traffic having destination or origin on the street itself. The minimum right-of-way width for local streets shall be fifty (50) feet. The right-of-way shall have a cartway width of at least thirty (30) feet. In addition, the right-of-way width shall allow for curb, sidewalk utility, and shade tree installation. Any street not designated as a collector street is a local street.

       3. Cartway Width. The determination as to cartway width shall also consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs. The Municipal Agency may require increases or decreases in cartway width where appropriate.

       4. Curbs and Gutters.

       (a) Curbing shall be required for drainage purposes, safety, and delineation and protection of pavement edge.

       (b) Curbs shall be constructed according to the specifications set forth in the construction specifications.

       (c) Curbing shall be designed to provide a ramp for bicycle and/or wheel chairs as required.

       (d) Curbing shall be provided along both sides of subdivision streets, and adjacent to the edge of all aisles, drives and off-street parking areas.

       5. Shoulders.

       (a) Shoulders and/or drainage swales shall be required instead of curbs when: (1) shoulders are required by CAFRA, (2) soil and/or topography make the use of shoulders and/or drainage swales preferable, and/or (3) it is in the best interest of the community to preserve its character by using shoulders and/or drainage swales instead of curbs.

       (b) Shoulder requirements shall vary according to street hierarchy and intensity of development.

       (c) Shoulders may consist of reduced pavement section or after construction approved by the Municipal Agency.

       6. Sidewalks.

       (a) Sidewalks shall be placed in the right-of-way, parallel to the street within the right-of-way, unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation. In commercial and more intensely developed residential areas, sidewalks may abut the curb.

       (b) Pedestrian way easements a minimum of ten (10) feet wide may be required by the Planning Board through the center of blocks more than six hundred (600) feet long to provide circulation or access to schools, playgrounds, shopping, or other community facilities.

       (c) Sidewalk width shall be four (4) feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six (6) feet.

       (d) Sidewalks and graded areas shall be constructed according to the specifications set forth in the construction specifications.

       (e) Sidewalks shall be provided on both sides of all streets and throughout site development for ease of pedestrian access.

       7. Bikeways.

       (a) Separate bicycle paths shall be required only if such paths have been specified as part of a municipality's adopted master plan.

       (b) Bicycle lanes, where required, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.

       (c) Bikeways shall be constructed according to the specifications set forth in the construction specifications.

       8. Utility and Shade Tree Areas.

       (a) Utilities and shade trees shall generally be located within an easement area outside the right-of-way on both sides of and parallel to the street right-of-way.

       (b) Utility and shade tree areas shall be planted with grass, ground cover, or treated with other suitable cover material.

       (c) Utility and shade tree easements of at least ten (10) feet wide on both sides of the street shall be provided.

       9. Right-of-way.

       (a) The right-of-way shall be measured from lot line to lot line and shall be sufficiently wide to contain the cartway, curbs, shoulders, sidewalks, graded areas, utilities and shade trees (see paragraph a,2 of this subsection).

       (b) The right-of-way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than the existing street.

       (e) The right-of-way shall reflect future development as indicated by the master plan.

       10. Street Grade and Intersections.

       (a) Street grade and intersection design shall be according to the standards and specifications set forth in this subsection.

       11. Pavement.

       (a) Street pavement thickness shall vary by street hierarchy, subgrade conditions and pavement type as set forth in this subsection.

       

       12. Lighting.

       (a) Lighting shall be provided in accordance with a plan designed by the utility company, or using as a guideline the standards set forth by IES Lighting Handbook shown in the construction specifications.

       (b) Lighting for safety shall be provided at intersections, along walkways, at entryways, between buildings, and in parking areas.

       (c) Spacing of standards shall be equal to approximately four (4) times the height of the standard.

       (d) The maximum height of standards shall not exceed the maximum building height permitted, or twenty-five (25) feet, whichever is less.

       (e) The height and shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents, and the design of lighting standards shall be of a type appropriate to the development and the municipality.

       (f) Spotlights, if used, shall be placed on standards pointing toward the buildings and positioned so as not to blind the residents, rather than on the buildings and directed outward which creates dark shadows adjacent to the buildings.

       13. Underground Wiring.

       (a) All electric, telephone, television, and other communication facilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public right-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

       (b) Lots which abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have hereto before been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening, or an extension of service, or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.

       (c) Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines as follows: alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through treed areas shall be avoided by selective cutting and a staggered alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear lot lines and other alignments.

       (d) Year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, shall be required.

       

       14. Traffic Signs.

       (a) Design and placement of traffic signs shall follow the requirements specified in Manuals on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation.

       (b) At least two (2) street name signs shall be placed at each four-way street intersection and one (1) at each "T" intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs should be consistent, of a style appropriate to the community, of a uniform size and color, and erected in accordance with local standards.

       (c) Site information signs shall follow a design theme related and complementary to other elements of the overall site design.

       b. Off-Street Parking.

       1. Number of Spaces.

       (a) Off-street parking spaces shall be required in all developments to accommodate residents and visitors.

       (b) For residential developments, off-street parking shall be provided as set forth in Exhibit A of this subsection, set out at the end of this section.

       (c) For nonresidential developments, the parking standards shown in Exhibit B of this subsection set out at the end of this section shall be used as a guideline.

       (d) Alternative off-street parking standards shall be accepted only if the applicant demonstrates that these standards better reflect local conditions.

       (e) The Municipal Agency may require the use of alternative standards if it determines that the title standards are insufficient or a particular development has unique parking requirement. The basis for such a determination shall be documented by the Municipal Agency in its minutes.

       (f) All required residential parking shall be located behind the front yard setback line. A garage shall only be counted as off-street parking where the access driveway is at least thirty (30) feet long or where the Municipal Agency agrees to accept such garage space as meeting requirements.

       (g) Where the total number of off-street parking spaces required may not be immediately required for a particular use, a staged development plan may be permitted which requires that only a portion of the parking area, but not less than sixty-five (65%) percent of the required spaces be completed initially, subject to the following regulations:

       (1) The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required.

       (2) The site plan shall provide for adequate drainage of both the partial and total parking areas.

       (3) The portion of the parking area not to be paved initially shall be landscaped in accordance with subsection 30-8.4 of this chapter.

       (4) The applicant shall post separate performance guarantees, in addition to the performance guarantees required under Section 30-10 of this chapter which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.

       (5) In lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a period of two (2) years. Prior to the expiration of the two-year period, the applicant may either install the additional parking spaces shown on the site plan and apply for issuance of a permanent certificate of occupancy or apply to the Planning Board after the use has been in operation a minimum of eighteen (18) months for a determination as to whether or not the initial parking area provided is adequate. If the Planning Board determines that the parking facility is adequate as originally constructed, the performance guarantees shall be released and a permanent certificate of occupancy issued. If, however, the Planning Board determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent certificate of occupancy.

       (6) Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site shall require submission of a new site plan.

       (h) For nonresidential developments, an applicant that obtains variance or waiver relief for parking spaces less than that required in paragraph (c) above, a payment shall be made to the Borough in the amount of two thousand five hundred ($2,500.00) dollars for each parking space in which said relief has been granted. Notwithstanding the aforesaid, in an application to expand or change in use of an existing developed property, no payment will be required for the deficiency in pre-existing parking spaces. The fee required under this paragraph (h) shall only apply to new deficiencies in parking spaces associated with the application to expand or change the use. The said payment shall be deposited by the Borough into a dedicated account designated as ""The Borough of Fair Haven Parking Account."" The payment shall be due prior to issuance of a building permit. Any funds deposited into said account shall be utilized by the Borough for the express purpose of installing, replacing or repairing parking spaces or parking lots on site lots or locations to be determined by the Borough Engineer, upon proper authorization from the Governing Board. An applicant may request of the Governing Body a waiver or modification of the above payment upon showing of good cause.

       2. Size of Spaces. Each off-street parking space shall measure at least nine (9) feet in width by eighteen (18) feet in length. Parking spaces for the physically handicapped shall be twelve (12) feet wide and twenty (20) feet long. Striping of handicapped spaces shall conform to the detail provided in Exhibit C of this subsection, set out at the end of this section.

       3. Parking Areas.

       (a) Off-street parking areas shall be oriented to and within a reasonable walking distance of the buildings they are designed to serve. This distance shall be a maximum of seven hundred (700) feet for employee parking; four hundred (400) feet for shoppers; two hundred fifty (250) feet for nonelderly residents; one hundred fifty (150) feet for elderly residents; and three hundred (300) feet for guests.

       (b) Access to parking lots shall be designed as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians.

       (c) The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than ninety (90) degrees.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       It may be necessary to adjust aisle width and/or space length to provide minimum parking bay width. Parking angles less than forty-five (45) degrees are not encouraged.

       (d) Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two (2) feet of sidewalk width are provided in order to accommodate such overhang.

       (e) Parking areas shall be suitably landscaped to minimize glare and other nuisance characteristics as well as to enhance the environment and ecology of the site and surrounding area. Parking lots containing more than one hundred (100) spaces shall be broken down into sections of smaller lots of fifty (50) spaces separated from other sections by landscaped dividing strips, berms, and similar elements.

       (f) For all multiple dwellings and nonresidential uses, the perimeter of all parking areas, internal islands, and planting areas shall have continuous cast in place concrete curbing in accordance with the construction specifications. All parking areas, aisles, and accessways for multiple dwellings and nonresidential uses shall be surfaced with a properly designed all weather pavement in accordance with the construction specifications.

       4. Handicapped Parking Spaces. In accordance with N.J.A.C. 5:23-7 et seq. every parking lot or parking garage shall have at least the number of accessible parking spaces for the handicapped as set forth below:

       ACCESSIBLE PARKING SPACES

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Typical arrangement of handicapped spaces is shown in Exhibit C of this subsection, set out at the end of this section. Other arrangements are possible which will conform to handicapped parking standards and good design goals.

       5. Location of Parking.

       (a) Parking is only permitted in parking areas and drives intended for that purpose. Parking is not permitted in lawns or other unimproved areas.

       (b) Parking areas for all uses other than single-family and two-family dwellings shall be set back at least ten (10) feet from any front lot line and shall be set back from side and rear lot lines in accordance with the minimum yard requirements for accessory buildings and structures.

       (c) Required parking may be located in garages provided there is a driveway at least twenty-five (25) feet long to each garage. If the drive is less than twenty-five (25) feet long, the garage shall be counted as one-half (.5) of space.

       6. Driveways. All entrance and exit driveways to streets shall be located to afford maximum safety to traffic on the street. Each off-street parking, loading, or service area shall be connected to the street right-of-way by a driveway constructed in accordance with the minimum standards prescribed by the Borough Engineer. Within commercial areas, cross-connections and cross-easements among properties should be provided to allow for ease of access between vehicle and pedestrian areas.

       (a) Driveways shall be designed with regard to profile, grading, and location to provide adequate site distance in each direction along the street based upon the permitted speed on the street.

       (b) For single-family and two-family dwellings, a driveway exclusive of curb return shall not be less than ten (10) feet in width nor more than twenty-four (24) feet in width. The maximum curb depression or opening width at the street shall be the driveway width plus four (4) but not more than twenty-eight (28) feet.

       (c) For all other uses, a driveway exclusive of curb return shall not be less than twelve (12) feet in width nor more than thirty-six (36) feet in width. The maximum curb depression or opening width at the street shall be based upon the recommendation of the Borough Engineer.

       (d) The number of driveways provided from a site to any one (1) street shall be as follows:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (e) Driveways used in a one-way direction of travel (right turn only) shall not form angles smaller than forty-five (45) degrees with the street, unless acceleration and deceleration lanes are provided.

       (f) Driveways used for two-way operation will intersect the street at any angle as near ninety (90) degrees as site conditions will permit, and in no case shall it be less than sixty (60) degrees.

       (g) Parking areas for twenty-five (25) or more cars shall provide curbed return radii of not less than fifteen (15) feet on street entrance and exit drives.

       (h) Driveway connections to the street shall be constructed to the specification of the Borough Engineer and shall be designed and surfaced to prevent soil or dirt from being carried onto the street.

       c. Off-Street Loading.

       1. For every building, structure or group of buildings or structures constituting a coordinated development, having over ten thousand (10,000) square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one (1) truck standing, loading and unloading space on the premises not less than twelve (12) feet in width, thirty-five (35) feet in length and with a minimum vertical clearance of fourteen (14) feet. Buildings or groups of buildings that contain in excess of fifteen thousand (15,000) square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the Municipal Agency during site plan review.

       2. Access to truck standing, loading and unloading areas may be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.

       3. Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.

       4. Loading areas, as required under this subsection, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.

       5. Off-street loading and unloading areas shall conform, as applicable, to all design and location standards set forth for off-street parking.

       d. Water Supply.

       1. Water Supply System.

       (a) All installations shall be properly connected with an approved functioning public community water system, regulated by the Board of Public Utilities prior to the issuance of a certificate of occupancy.

       (b) The water supply system shall be adequate to handle the necessary flow based on complete development.

       (c) Fire protection facilities shall be furnished for all developments.

       (d) Minimum fire flows shall be based on recommendations by the American Insurance Association and the National Board of Fire Underwriters, as indicated in Exhibits D and E of this subsection and set out at the end of this section.

       (e) The water system shall be designed to carry peak-hour flows and be capable of delivering the peak hourly demands indicated in Exhibit E of this subsection set out at the end of this section.

       (f) For developments of one- and two-family dwellings, not exceeding two (2) stories in height, the short method indicated in Exhibit F of this subsection, set out at the end of this section, may be used.

       2. System Design and Placement. System design and placement shall comply with the construction specifications and with the requirements of the New Jersey American Water Company.

       3. Fire Hydrants.

       (a) Hydrants shall be spaced to provide necessary fire flow, and the average area per hydrant typically should not exceed one hundred twenty thousand (120,000) square feet. In addition, hydrants shall be spaced so that each residence shall be within five hundred (500) feet of a hydrant.

       (b) A hydrant shall be located at all low points and at all high points with adequate means of drainage provided.

       (c) Hydrants shall be located at the ends of lines, and valves of full line size shall be provided after hydrants tees at the ends of all dead lines and lines which may be extended in the future.

       (d) Size, type, and installation of hydrants shall conform to the specifications as set forth in the construction specifications or to the requirements of the New Jersey American Water Company.

       e. Sanitary Sewers.

       1. Sanitary Sewer System.

       (a) All installations shall be properly connected with an approved and functioning sanitary sewer system prior to the issuance of a certificate of occupancy.

       (b) Subdivisions shall be connected to the existing public sewer system.

       2. System Planning, Design and Placement.

       (a) The planning, design, construction, installation, modification, and operation of any treatment works shall be in accordance with the applicable N.J.D.E.P. regulations implementing the New Jersey Water Pollution Control Act (N.J.S.A. 58: 10a-1 et seq.) and the New Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.).

       (b) All sanitary sewers, including outfalls, shall be designed to carry at least twice the estimated average design flow when flowing half full. In the case of large interceptor sewer systems, consideration may be given to modified designs.

       (c) Average daily residential sewer flow shall be calculated as shown in Exhibit G of this subsection the end of this section.

       (d) System design and placement shall comply with the specifications set forth in the construction specifications and with the rules, regulations and requirements of the Borough Sewer Utility and the Northeast Monmouth County Regional Sewerage Authority.

       f. Stormwater Management.

       1. Purpose.

       (a) It is determined that the waterways within the Borough are at times subjected to flooding; that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the Borough, the County and the State; that development tends to accentuate flooding by increasing stormwater runoff, due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contributes increased quantities of waterborne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion, and increased pollution constitutes deterioration of the water resources of the Borough, the County and the State; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of stormwater runoff from such development. It is therefore determined that it is in the public interest to regulate the development of real property and to establish standards to regulate the additional discharge of stormwater runoff from such developments as provided in this chapter.

       (b) The stormwater management plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the municipal master plan and applicable County, regional and State storm drainage control program, any County mosquito commission control standards, and shall be based on environmentally sound site planning, engineering and architectural techniques.

       (c) Development shall use the best available technology to minimize off-site stormwater runoff, increase on-site infiltration, simulate natural drainage systems and minimize off-site discharge of pollutants to ground and surface water and encourage natural filtration functions. Best available technology may include measures such as retention basins, recharge trenches, porous paving and piping, contour terraces and swales.

       2. System Strategy and Design. Stormwater management system strategy and design shall comply with the specifications set forth in the construction specifications.

       3. Detention--When Required. Detention will be provided, when recommended by the Borough Engineer, for all major subdivisions and all major site plans resulting in more than ten thousand (10,000) square feet of impervious surface such that after development the peak rate of flow from the site will not exceed the corresponding flow which would have been created by similar storms prior to development. (2002 Code § 16.36.020; Ord. No. 2007-27; Ord. No. 2009-01 §§ II; Ord. No. 2014-16; Ord. No. 2014-27; Ord. No. 2015-06)

       30-9.2(A)Exhibit A OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL LAND USES

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.020)

       30-9.2(B) Exhibit B GUIDELINES FOR OFF-STREET PARKING REQUIREMENTS FOR NONRESIDENTIAL LAND USES*

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       GFA = Gross floor area

       

       Notes:

       *In computing the number of required parking spaces, the following shall apply:

       (1) Where fractional spaces result, the required number shall be construed to be the next highest whole number.

       (2) The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Municipal Agency.

       (3) If there is not use enumerated herein having sufficient similarity to the use proposed to enable the Municipal Agency to establish rational parking requirements, the Municipal Agency may, in its discretion, direct the applicant to furnish the Municipal Agency with such data as may be necessary to enable the Municipal Agency to establish rational parking requirements.

       **Bar, restaurant, or similar uses shall be calculated separately.

       *** A building of mixed office uses may include a maximum of one-third (1/3) medical or dental floor area. If medical or dental uses exceed one-third (1/3) of the gross floor area, their parking requirement shall be computed separately.

       * * * * If more than twenty-five (25) percent of the total floor area is occupied by a nonretail use which has off-street parking requirements greater than those required for a shopping center, then off-street parking for the center shall be the same as the required minimum for the nonretail use plus the required minimum for the balance of the shopping center floor area. (2002 Code § Exhibit 16.36.020; Ord. No. 2014-27)

       

       30-9.2(C) Exhibit C HANDICAPPED PARKING AND SIGN DETAIL

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.020C)

       30-9.2(D)Exhibit D FIRE FLOWS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Notes:

       * GPM - Gallons per minute

       (2002 Code § Exhibit 16.36.030D)

       

       

       30-9.2(E) Exhibit E DESIGN STANDARDS FOR PEAK HOUR FLOW

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.020E)

       30-9.2(F) Exhibit F SHORT METHOD FOR CALCULATING FIRE FLOWS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Notes:

       * For contiguous buildings (attached dwelling units of two (2) or more two-family units and/or multi-family units), a minimum of two thousand five hundred (2,500) GPM may be used. (2002 Code § Exhibit 16.36.020F)

       

       30-9.2(G)Exhibit G WATER AND SEWER DEMAND/GENERATION BY TYPE/SIZE OR HOUSING UNIT

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Notes:

       a Based on one hundred (100) gallons per day (gpd) per person for single-family detached units.

       b Based on sixty-five (65) gpd per person (rounded). Note: These figures do not include allowance for infiltration/inflow. Determination of infiltration/inflow should be made and added to the sewer flow figures shown in this exhibit.

       c Based on four (4) times daily sewer flow (rounded). (2002 Code § Exhibit 16.36.020G)

       30-9.3 Construction Specifications.

       Where there is a question as to a specific requirement, the Standard Specifications of NJDOT Road and Bridge Construction shall apply.

       a. Curbs.

       1. The standard curb section used shall be twenty(20) feet in length. All concrete used

       for curbs shall be prepared in accordance with the requirements by class concrete of the New Jersey Department of Transportation, Standard Specifications for Road and Bridge Construction (latest edition). The twenty-eight (28) ay comprehensive strength of the concrete used shall be not less than the following:

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       2. Curbs and/or combination curbs and gutters shall be constructed of Class B concrete, air-entrained (five thousand (5,000) p.s.i.).

       3. Where drainage inlets are constructed, but curbs are not required, curbing must be provided at least ten (10) feet on each side of the inlet, set back one (1) foot from the extension of the pavement edge.

       4.Open joints shall be provided every ten (10) feet. One-half (1/2) inch bituminous expansion joints shall be provided every twenty (20) feet.

       b. Sidewalks and Bikeways.

       1. Sidewalks and Graded Areas.

       (a) Sidewalks shall be four (4) inches thick except at points of vehicular crossing where they shall be at least six (6) inches thick. AT vehicular crossings, sidewalks shall be reinforced with welded wire fabric mesh or an equivalent.

       (b) Concrete sidewalks shall be Class C concrete, having a twenty-eight (28) day compressive strength of four thousand five hundred (4,500) p.s.i. Other paving materials may be permitted depending on the design of the development.

       (c) Graded areas shall be planted with grass or treated with other suitable ground cover and their width shall correspond to that of sidewalks.

       2. Bikeways.

       (a) Bicycle Paths. Dimensions and construction specifications of bicycle paths shall be determined by the number and type of users and the location and purpose of the bicycle path. A minimum eight-foot paved width should be provided for two-way bicycle traffic and a five-foot width for one-way traffic.

       (1) Choice of surface materials, including bituminous mixes, concrete, gravel, soil cement, stabilized earth and wood planking, shall depend on use and users of the path.

       (2) Gradients of bike paths should generally not exceed a grade of five (5%) percent, except for short distances.

       (b) Bicycle Lanes. Lanes shall be four (4) feet wide, or wide enough to allow safe passage of bicycles and motorists.

       (c)Bicycle-safe drainage grates shall be used in the construction of all residential streets.

       c. Street Grade, Intersections, Pavement, and Lighting. 1.Street Grade.

       

       (a) Minimum street grade permitted for all streets shall be one-half (0.5%) percent; but streets constructed at this grade shall be closely monitored and strict attention paid to construction techniques to avoid ponding. Where topographical conditions permit, a minimum grade of three-quarters (0.75%) percent shall be used.

       (b) Maximum street grade shall be eight (8%) percent.

       2. Intersections.

       (a) Minimum Intersection Angle. Street intersections shall be as nearly at right angles as possible and in no case shall be less than seventy-five (75) degrees.

       (b) Minimum Centerline Offset of Adjacent Intersections. New intersections along one (1) side of an existing street shall, if possible, coincide with any existing intersections on the opposite side of each street. Use of "T" intersections in subdivisions shall be encouraged. To avoid corner-cutting when inadequate offsets exist between adjacent intersections, offsets shall be at least between one hundred seventy-five (175) to two hundred (200) feet between centerlines.

       (c) Minimum Curb Radius. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as shown in Exhibit A, set out at the end of this subsection, determining the minimum standard for all curblines.

       (d) Grade. Intersections shall be designed with a flat grade wherever practical. Maximum grade within intersections shall be five (5%) percent except for collectors which shall be three (3%) percent.

       (e) Minimum Centerline Radius-Minimum Tangent Length Between Reverse Curves and Curb Radii. Requirements shall be as shown in Exhibit A, set out at the end of this subsection.

       (f) Sight Triangles. Sight triangle easements shall be required and shall include the area on each street corner is bounded by the line which connects the sight of "connecting" points located on each of the right-of-way lines of the intersecting street. The planting of trees or other plantings or the location of structures exceeding thirty (30) inches in height that would obstruct the clear sight across the area of the easements shall be prohibited; and a public right-of-entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight.

       The distances shown in Exhibit B, set out at the end of this subsection, between the connecting points and the intersection of the right-of-way lines shall be required.

       3. Pavement.

       (a) Pavement design for local and collector streets and parking areas shall adhere to the specifications for their full paved area as shown on Exhibit C, set out at the end of this subsection.

       4. Lighting. Lighting shall be designed in accordance with a plan designed by the utility company; or the standards recommended in the IES Lighting Handbook, shown in Exhibit D, set out at the end of this subsection, shall be used as a guideline.

       d. Water Supply-System Design and Placement.

       1. System design and placement shall comply with all applicable New Jersey American Water Company, NJDEP, and AWWA standards, with the strictest standards governing.

       2. Fire Hydrants.

       (a) Size, type, and installation of hydrants shall be in accordance with local practice, or shall conform to the American Water Works Association standard for dry barrel fire hydrants (AWWA C-502). Hydrants shall have at least three (3) outlets; one (1) outlet shall be a bumper outlet and other outlets shall be a least two and one-half (2.5) inch nominal size. Street main connections should be not less than six (6) inches in diameter. Hose threads on outlets shall conform to national standard dimensions. A valve shall be provided on connections between hydrants and street mains. All pipe, fittings, and appurtenances supplying fire hydrants shall be AWWA- or ASTM-approved.

       (b) All fire hydrants shall conform to the color code system as shown in Exhibit E set out at the end of this subsection.

       e. Sanitary Sewers-System Design and Placement.

       1. Plans for sanitary systems shall reflect New Jersey State regulations and guidelines which implement the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.).

       2. The most desirable location for sanitary sewer mains shall be within the municipal right-of-way at or near the centerline of the paved cartway. The minimum size shall be eight (8) inches in diameter.

       3. Curved sewers shall be approved by the engineer only under special conditions. The minimum diameter shall be eight (8) inches; the minimum radius of curvature shall be one hundred (100) feet; and manhole spacing shall not exceed three hundred (300) feet. Approval shall be limited to areas where curved streets comprise the general layout, or where the use of curved sewers would permit substantial savings in cost, or avoid very deep cuts, rock or obstructions of a serious nature.

       4. Easements, which shall be in a form approved by the Municipal Engineer and Attorney, shall be required for all sanitary sewer lines which are not within a public right-of-way. Easements shall be a minimum of twenty (20) feet wide for sanitary sewers up to fifteen (15) feet deep; for sewers more than fifteen (15) feet deep, easements shall be thirty (30) feet wide. (Depth of sewer shall be measured from the design invert of the pipe to the surface of the proposed final grading.)

       5. Minimum Slope.

       (a) All sewers shall be designed to meet NJDEP slope standards as shown in Exhibit F, set out at the end of this subsection.

       (b) All sewers shall be designed to flow with a minimum velocity of two (2) feet per second and a maximum velocity of ten (10) feet per second at full flow based on Manning's formula with n = 0.013. When PVC pipe is used, an n factor of 0.010 may be used. Inverted siphons shall be designed for minimum velocity of six (6) feet per second.

       6. Pipe Materials.

       (a) The applicant shall submit details of the planned pipes, joints, fittings, etc. for approval. All materials used for sanitary sewer systems shall be manufactured in the United States, wherever available, as governed by Chapter 107, Laws 1982 of the State of New Jersey, effective date October 3, 1982. Specifications referred to below, such as ASA, ASTM, AWWA, etc., shall be the latest revision.

       (b) Materials used in the construction of sewers, force mains, and outfalls shall be as follows:

       Gravity sewers shall be constructed of reinforced concrete, ductile iron, polyvinyl chloride (PVC), or acrylonitrile-butadienestyrene (ABS) plastic pipe. Reinforced concrete pipe shall be used only in sizes twenty-four (24) inches and larger. The type of pipe selected shall be suitable for any manual design or installation conditions. Other pipe types may be required if compatibility with the existing system is an important consideration. The applicant shall obtain the Municipal Engineer's approval of the type of pipe to be used.

       (c) Inverted siphons, force mains, and outfalls shall be constructed of ductile iron pipe unless otherwise permitted by the municipality. Inverted siphons shall consist of two (2) pipes with provisions for flushing. Flow control gates shall be provided in the chambers.

       (d) Any sewer within one hundred (100) feet of a water supply well or a below-grade reservoir shall be of steel, reinforced concrete, cast iron or other suitable material shall be properly protected by completely watertight construction and shall be tested for watertightness after installation.

       (e) Reinforced concrete pipe shall meet all the requirements of ASTM Specification C-76. All pipe should be Class IV strength except where stronger pipe is required.

       (1) For depths less than three (3) feet, measured from the top of the pipe installed under traffic areas, Marston Class V pipe shall be required.

       (2) The trench depths shown in Exhibit G, set out at the end of this subsection, shall be maximum for the pipe classes noted, installed when site conditions allow with Class C, ordinary bedding.

       (3) The existence of clay soils and other unusual loading conditions should be given special consideration.

       (4) All concrete sewer pipes will utilize rubber O-ring joints suitable for sewer service and conforming to ASTM C-443 and ASTM C-361.

       (f) Polyvinyl chloride sewer pipe (PVC) shall have bell and spigot ends and O-ring rubber gasketed joints. PVC pipe and fittings shall conform to ASTM D-3034, with a minimum wall thickness designation of SDR 35. Thicker walls shall be provided if directed by the Municipal Engineer.

       (1) The plastic material from which the pipe and fittings are extruded shall be impact types of PVC, unplasticized, having high mechanical strength and maximum chemical resistance conforming to Type I, Grade 1, of the specification for rigid polyvinyl chloride compounds, ASTM D-1784.

       (2) Pipe shall be free from defects, bubbles, and other imperfections in accordance with accepted commercial practice. The adequacy of the pipe shall be demonstrated, if required, by a test at the manufacturing plant in accordance with ASTM D-2444 for impact and ASTM C-2412 for deflection and pipe stiffness, latest revisions.

       (3) Joints shall conform to ASTM D-3212. Rubber ring gaskets shall conform to ASDTM F-477. The gasket shall be the sole element depended upon to make the joint watertight.

       (4) The pipe shall be installed as specified in ASTM D-2321, latest revision. In no case shall less than a Class III material be used for bedding and haunching material unless approved in writing by the Municipal Engineer. Particular attention shall be given to the special requirements for installing pipe in unstable soil or excessive ground-water. Any additional cost for materials used under these trench conditions shall be borne by the applicant.

       (5) Plastic riser pip[e for cleanouts shall be polyvinyl chloride sewer pipe (PVC) as above specified, or acrylonitrile-butadiene-styrene (ABS). All joints shall have flexible elastomeric seals.

       (g) Ductile iron pipe shall be centrifugally cast in metal or sand-lined molds to AWWA C151. The joint shall be of a type that employs a single elongated grooved gasket to effect the joint seal, such as United States Cast Iron Pipe Company's Tyton Joint, James B. Clow and Songs, Inc., "Bell-Tite," or approved equal. Pipe should be furnished with flanges where connections to flange fittings are required. Pipe shall be Class 52 (minimum). The outside of the pipe shall be coated with a uniform thickness of hot applied coal-tar coating and the inside lined with cement in accordance with AWWA C104. Ductile iron pipe shall be installed with Class C, ordinary bedding, when site conditions allow.

       (h) Acrylonitrile-butadiene-styrene (ABS) pipe and fittings shall conform to ASTM D-2751 and be installed in accordance with ASTM D-2321 as herein modified. All joints shall be made in accordance with ASTM D3212 using flexible rubber gaskets conforming to ASTM F-477.

       7.Pipe Bedding.

       (a) Pipe bedding shall be provided as specified in Design and Construction of Sanitary and Storm Sewers, ASCE Manuals and Reports on Engineering Practice No. 37, prepared by A Joint Committee of the American Society of Civil Engineers and the Water Pollution Control Federation, New York, 1969.

       8. Manholes.

       (a) Manholes shall be provided at ends of sewer lines, at intersections, and at changes of grade or alignment.

       (b) Spacing intervals between manholes shall not exceed four hundred (400) feet for eighteen (18) inch pipe or less or five hundred (500) feet for larger pipe sizes.

       (c) Where sewers enter manholes and the difference in crown elevation between the incoming and outgoing pipes is equal to or greater than two (2) feet, exterior drop pipes shall be provided.

       (d) Manholes can be precast concrete or concrete block coated with two (2) coats of portland cement mortar and a seal coating of an acceptable waterproofing tar, asphalt or polyplastic alloy, with enough time allowed for proper bond between seal coats. All manholes shall be set on twelve (12) inch thick Class I stone bedding.

       (e) If precast manhole barrels and cones are used, they shall conform to ASTM specification C-478, with round rubber gasketed joints, conforming to ASTM specification C-923. Maximum absorption shall be nine (9%) percent in accordance with ASTM specification C-478, method A. The entire outside surface of the manhole shall be coated with a bituminous waterproofing material acceptable to the Municipal Engineer. Cracked manholes shall not be used. The top riser section of precast manholes shall terminate less than one (1) foot below the finished grade to provide for proper adjustment.

       (f) Manhole frames and covers shall be of cast iron conforming to specification ASTM A-48 Class 30 and be suitable for H-20 loading capacity. All manhole covers in unpaved rights-of-way or in remote areas shall be provided with a locking device. In order to allow the municipality to plan better for system management, the name of the municipality, and the word "SEWER' shall be cast integrally in the cover. Manhole frames and grates shall be Campbell Foundry Pattern No. 1203B or approved equal.

       (g) Watercraft and low-profile frames and covers shall be utilized where applicable and should conform to the applicable ASTM specifications.

       (h) Manholes shall be supplied with suitable adapters (inserts or gaskets) for the various pipe materials used.

       9.Laterals/Cleanouts.

       (a) The house connection or lateral from the street main to the cleanout shall be considered an integral part of the sanitary sewer system. The type of material used for the house connection shall be the material used for the main line sewer construction and may be as follows:

       (1) Four (4) inch cast iron soil pipe, extra heavy;

       (2) PVC plastic pipe, Schedule 40;

       (3) ABS plastic pipe, SDR 35.

       (b) Unless connection is made to an existing sewer main utilizing a saddle, wye connections shall be the same as the material used at the junction of the house connection and the sewer main.

       (c) Bends in house connection lines shall be made using standard fittings. A riser with a cleanout at grade shall be used at the point terminating municipal jurisdiction. This inspection cleanout or observation tee shall be fitted with a metallic cap (brass) placed two (2) feet from the outside face of the curb between the curb and sidewalk if installed. If curbs are not required, the cleanout shall be placed one (1) foot beyond the property line in the municipal right-of-way.

       (d) Connections beyond the cleanout are under the jurisdiction of the Borough through the Sanitary Sewer Department, the Construction Official and/or the Plumbing Subcode Official and the pipe size and specifications shall meet their regulations and requirements.

       f. Stormwater Management-System Demand, Strategy, and Design.

       1. Stormwater Management-System Demand.

       (a) Watershed stormwater management requires the determination of two (2) runoff parameters: runoff peak rates of discharge and runoff volume. Both parameters shall be used in the comparison of predevelopment and post-development conditions.

       (b) Peak rates of discharge calculations shall be used to determine the configurations and sizes of pipes, channels, and other routing or flow control structures. Runoff volume calculations shall be used to determine the necessity for, and sizing of, detention and retention facilities.

       (c) Runoff Peak Rate of Discharge Calculation. The peak rate of runoff for areas of up to one-half (.5) of a square mile shall be calculated by the rational method or derivatives. The equation of the rational method is:

       Qp = CIA

       Where

       Qp = the peak runoff rate in the cubic feet per second (CFS)

       C.= the runoff coefficient

       I.= the average rainfall intensity in inches per hour (in./hr.), occurring at the time of concentration tc (minutes)

       tc = the time of concentration in minutes (min.)

       A.= the size of the drainage area

       (1) Typical C values for storms of five (5) to ten (10) years between periods are provided in Exhibit H, set out at the end of this subsection. Runoff coefficients in the following sources may also be used: United States Department of Commerce, Bureau of Public Roads, May 1965, Design of Roadside Channels-Hydraulic Design Series No. 4 as supplemented or amended; and Department of Transportation, Federal Aviation Administration, July 1970, AC 150/5320-5B, Airport Drainage, as supplemented or amended.

       (2) The time of concentration (tc) shall be estimated from Exhibit I, set out at the end of this subsection. The analysis shall also consider the procedure outlined in Sections 3.12(c) for Technical Release (TR) No. 55, Urban Hydrology for Small Watersheds, United States Department of Agriculture, Soil Conservation Series, as supplemented and amended (SCS method).

       (3) Rainfall intensity as a function of duration and storm recurrence frequency shall be based upon geographically appropriate data as depicted in the plates in Technical Paper No. 25, Rainfall Intensity Duration-Frequency Curves, United States Department of Commerce, Weather Bureau, as supplemented and amended. Rainfall intensity values may also be estimated from Exhibit J, set out at the end of this subsection. Intensity curves may be based on local rainfall frequency data, where available. In all instances, a minimum time of concentration of five (5) minutes should be used. For storm sewer design, use the following:

       1. Ten (10) years up to twenty-one (21) inches.

       ii. Twenty-five (25) years over twenty-one (21) inches.

       iii. Fifty (50) years over forty-eight (48) inches.

       iv. Fifty (50) years from low points (SAGS).

       v. Fifty (50) years for culverts.

       (4) The size of the drainage area shall include on-site and off-site lands contributing to the design point.

       (5) Computer software adaptations of the rational method calculations are acceptable provided that their data and graphic printout allow review and evaluation.

       (6) The peak rate of runoff for areas greater than one-half (.5) square mile shall be calculated by the hydrograph analysis method as outlined in TR No. 55 (SCS method), as supplemented and amended.

       (d) Runoff Volume Calculation.

       (1) Runoff volume shall be calculated by the hydrograph analysis method as outlined in TR No. 55 (SCS method). This method shall be used for watersheds with drainage areas of less than five (5) square miles. For drainage areas of less than twenty (20) acres, the universal rational method hydrograph approximation may be used as an alternative.

       (2) Runoff volume for drainage areas of greater than five (5) square miles shall be calculated by Special Report No. 38, Magnitude and Frequency of Floods in New Jersey with Effects of Urbanization, State of New Jersey, Department of Environmental Protection, Division of Water Resources (Stankowski method).

       (3) Computer software adaptations of these runoff value calculations are acceptable provided that their data and graphic printout allow review and evaluation.

       2. Stormwater Management-System Strategy.

       (a) A system emphasizing a natural as opposed to an engineered drainage strategy shall be encouraged.

       (b) The applicability of a natural approach depends on such factors as site storage capacity, open channel hydraulic capacity, and maintenance needs and resources.

       (c) Hydraulic capacity for open channel or closed conduit flow shall be determined by the Manning equation, or charts/monographs based on the Manning equation. The hydraulic capacity is termed Q and is expressed as discharge in cubic feet per second. The Manning equation is as follows:

       Q.= (1.486/n) AR 2/3 S1/2 where

       n = Manning's roughness coefficient

       A.= Cross-sectional area of flow in square feet

       R.= Hydraulic radius in feet (R = A/P, where P is equal to the wetted perimeter)

       S.= Slope of conduit in feet per foot

       The Manning roughness coefficients to be utilized are shown in Exhibit K, set out at the end of this subsection.

       (d) Velocities in open channels at design flow shall not be less than five-tenths (.5) foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. Permissible velocities for swales, open channels and ditches are shown in Exhibit L, set out at the end of this subsection.

       (e)Velocities in closed conduits at design flow shall be at least two (2) feet per second but not more than the velocity which will cause erosion damage to the conduit.

       3. Stormwater Management-System Design-Pipe Capacity, Materials, and Placement.

       (a) Pipe size shall be dictated by design runoff and hydraulic capacity.

       (b) Hydraulic capacity shall be determined by the Manning equation, except where appropriate capacity shall be based on tailwater analysis and one-year high tide.

       (c) In general, no pipe size in the storm drainage system shall be less than fifteen (15) inch diameter. A twelve (12) inch diameter pipe will be permitted as a cross-drain to a single inlet.

       (d) All discharge pipes shall terminate with a precast concrete or corrugated metal and section or a cast-in-place concrete headwall with or without wingwalls as conditions require. In normal circumstances, a cast-in-place concrete headwall is preferred. Use of other types shall be justified by the designer and approved by the Borough Engineer.

       (e) Materials used in the construction of stormsewers shall be constructed of reinforced concrete, ductile iron, corrugated aluminum, or corrugated steel. In normal circumstances, reinforced concrete pipe is preferred. Use of other types shall be justified by the designer and approved by the Borough Engineer. Specifications referred to, such as ASA, ASTM, AWWA, etc., should be the latest revision.

       (1) Reinforced Concrete Pipe.

       1. Circular reinforced concrete pipe and fittings shall meet the requirements of ASTM C-76.

       ii. Elliptical reinforced concrete pipe shall meet the requirements of ASTM C-507.

       iii. Joint design and joint material for circular pipe shall conform to ASTM C-443.

       iv. Joints for elliptical pipe shall be bell and spigot or tongue and groove sealed with butyl, rubber tape, or external sealing bands conforming to ASTM C-877.

       v. All pipe shall be Class II unless a stronger pipe (i.e., higher class) is indicated to be necessary.

       vi. The minimum depth of cover over the concrete pipe shall be designated by the American Concrete Pipe Association, as follows:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2) Ductile iron pipe shall be centrifugally cast in metal or sand-lined molds to ANSI A21.51-1976 (AWWA C151-76). The joints shall conform to AWWA C111. Pipe shall be furnished with flanges where connections to flange fittings are required. Pipe should be Class 50 (minimum). The outside of the pipe should be coated with a uniform thickness of hot applied coal tar coating and the inside lined cement in accordance with AWWA C104. Ductile iron pipe shall be installed with Class C, ordinary bedding.

       (3) Corrugated Aluminum Pipe. Within the public right-of-way and where severe topographic conditions or the desire to minimize the destruction of trees and vegetation exists, corrugated aluminum pipe, pipe arch or helical corrugated pipe may be used. The material used shall comply with the standard specifications for corrugated aluminum alloy culvert and under drains AASHTO designation M196 or the standard specification for aluminum alloy helical pipe AASHTO designation M-211. The minimum thickness of the aluminum pipe to be used shall be: less than twenty-four (24) inch diameter or equivalent, seventy-five thousands inch (fourteen (14) gauge); twenty-four (24) inch diameter and less than forty-eight (48) inch diameter or equivalent, one hundred five thousandths inch (twelve (12) gauge); forty-eight (48) inch but less than seventy-two (72) inch diameter or equivalent, one hundred thirty-five thousandths inch (ten (10) gauge); and seventy-two (72) inch diameter or equivalent and larger, one hundred sixty-four thousands inch (eight (8) gauge).

       (4) Corrugated steel pipe may be used in place of corrugated aluminum and shall meet the requirements of AASHTO Specification M-36. Coupling bands and special sections shall also conform to AASHTO M-36. All corrugated steel pipe shall be bituminous coated in accordance with AASHTO M-190, Type A minimum.

       (f) Pipe bedding shall be provided as specified in Design and Construction of Sanitary and Storm Sewers, ASCE Manuals and Reports on Engineering Practice No. 37, prepared by A Joint Committee of the Society of Civil Engineers and the Water Pollution Control Federation, New York, 1969.

       (g) Maintenance easements shall be provided around stormwater facilities where such facilities are located outside of the public right-of-way. The size of the easement shall be dictated by working needs.

       4. Stormwater Management-System Design-Inlets, Catch Basins, and Manholes.

       (a) Inlets, catch basins and manholes shall be designed in accordance with New Jersey Department of Transportation Standard Plans and Specifications. Frame and grates shall be one of the following Campbell Foundry Company Patterns or equal, as approved by the engineer:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (b)Inlet spacing shall be designed to limit gutter flow width to six (6) feet but shall not be more than four hundred (400) feet.

       (c) Manhole spacing shall be increased with pipe size.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (d) Manholes shall be precast concrete, brick or concrete block coated with two (2) coats of portland cement mortar.

       (e) If precast manhole barrels and cones are used, they shall conform to ASTM Specification C-473 with round rubber gaskets joints, conforming to ASTM Specification C-923. Maximum absorption shall be eight (8%) percent in accordance with ASTM Specification C-478, Method A.

       (f) If precast manholes are utilized, the top riser section shall terminate less than one

       (1) foot below the finished grade and the manhole cover shall be flush with the finished grade.

       (g) Manhole frames and covers shall be of cast iron conforming to ASTM Specification A-48 Class 30 and be suitable for H-20 loading capacity. All manhole covers in rights-of-way or in remote areas shall be provided with a locking device. The letters "Year 20" and the words "FAIR HAVEN STORM SEWER" shall be cast integrally in the cover.

       5. Stormwater Management-System Design-Detention Facilities.

       (a) Development shall use the best available technology to accommodate stormwater management by natural drainage strategies as indicated in this chapter.

       (b) Nonstructural management practices, such as open space acquisition, stream encroachment and flood hazard controls shall be coordinated with detention requirements. Changes in land use can often reduce the scope and cost of detention provisions required by means of appropriate change in runoff coefficients.

       (c) Detention and all other stormwater management facilities shall conform to the standards under the New Jersey Stormwater Management Act, N.J.S.A. 40:55D-1 et seq.

       (d) Where detention facilities are deemed necessary, they shall accommodate site runoff generated from two (2) year, ten (10) year, and one hundred (100) year storms considered individually, unless the detention basin is classified as a dam, in which case the facility must also comply with the dam safety standards, N.J.A.C. 7:20. These design storms shall be defined as either a twenty-four (24) hour storm using the rainfall distribution recommended by the U.S. Soil Conservation Service when using Soil Conservation Service procedures (such as United States Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release No. 55) or as the estimated maximum rainfall for the estimated time of concentration of runoff at the site when using a design method such as the rational method. Runoff greater than that occurring from the one hundred (100) year, twenty-four (24) hour storm will be passed over an emergency spillway. Detention will be provided such that after development the peak rate of flow from the site will not exceed the corresponding flow which would have been created by similar storms prior to development. For purposes of computing runoff, lands in the site shall be assumed, prior to development, to be in good condition (if the lands are pastures, lawns or parks), with good cover (if the lands are woods), or with conservation treatment (if the land is cultivated), regardless of conditions existing at the time of computation.

       (e) In calculating the site runoff to be accommodated by a detention facility, the method to be used is a tabular hydrograph method as presented in TR No. 55 (SCS method) as supplemented and amended.

       (f) Detention facilities shall be located as far horizontally from surface water and as far vertically from groundwater as is practicable.

       (g) Detention facilities shall not intercept the post-development groundwater table, where practicable.

       (h) The following list of general structural criteria shall be used to design stormwater detention basins. Due to the uniqueness of each stormwater detention basin and the variability of soil and other site conditions, these criteria may be modified or appended at the discretion of the Municipal Engineer if reasons for the variance are indicated in writing.

       6. Detention Components-Principal Outlets (Quantity Control).

       (a) To minimize the chance of clogging and to facilitate cleaning, outlet pipes shall be at least six (6) inches in diameter. Similarly, riser pipes, if utilized, shall be at least eight (8) inches in diameter. All pipe joints are to be watertight, reinforced concrete pipe. In addition, trash racks and/or anti-vortex devices shall be required where necessary.

       (b) Eight-inch thick anti-seep collars are to be installed along outlet pipes. Reinforcement steel shall be No. 5 bars at twelve (12) inches both ways with two (2) inches of cover on both faces (minimum).

       (c) Where necessary, a concrete cradle shall be provided for outlet pipes.

       (d) All principal outlet structures shall be concrete block or reinforced concrete. All construction joints are to be watertight.

       (e) Suitable lining shall be placed upstream and downstream of principal outlets as necessary to prevent scour and erosion. Such lining shall conform to the criteria contained in Hydraulic Engineering Circular No. 15, Design of Stable Channels with Flexible Linings, published by the Federal Highway Administration of the United States Department of Transportation or Standards for Soil Erosion and Sediment Control in New Jersey, published by the New Jersey State Soil Conservation Committee.

       7. Detention Components-Principal Outlets (Quality Control).

       (a) Based upon the requirement limiting the size of the outlet to a minimum of six (6) inches in diameter, water quality control shall be maintained by providing an amount of storage equal to the total amount of runoff which will be produced by the one-inch frequency SCS Type III twenty-four (24) hour storm, or a 1.25-inch, two-hour rainfall at the bottom of the proposed detention basin along with a minimum three-inch diameter outlet.

       (b) The invert(s) of the principal outlet(s) used to control the larger storms for flood control purposes would then be located at the resultant water surface elevation required to produce this storage volume. Therefore, the principal outlets would only be utilized for storms in excess of 1.25-inch, two-hour event which, in turn, would be completely controlled by the lower, three (3) inch outlet. If the above requirements would result in a pipe smaller than three (3) inches in diameter, the period of retention shall be waived so that that three (3) inches will be the minimum pipe size used. It should be remembered that, in all cases, the basin should be considered initially empty (i.e., the storage provided for the quality requirements and the discharge capacity of its outlet should be utilized during the routing of the larger flood control storms).

       8. Detention Components-Emergency Spillways.

       (a) Vegetated emergency spillways shall have side slopes not exceeding three (3) horizontal to one (1) vertical.

       (b) Emergency spillways not excavated from non-compacted soil, shall be suitably lined and shall comply with criteria contained in Hydraulic Circular No. 15 or Standards for Soil Erosion and Sediment Control.

       (c) Maximum velocities in emergency spillways shall be checked based on the velocity of the peak flow in the spillway resulting from the routed emergency spillway hydrograph. Where maximum velocities exceed those contained in Exhibit L, set out at the end of this subsection, suitable lining shall be provided.

       9. Detention Components-Dams and Embankments.

       (a) The minimum top widths of all dams and embankments are listed below. These values have been adopted from the Standards for Soil Erosion and Sediment Control in New Jersey published by the New Jersey State Soil Conservation Committee.

       MINIMUM TOP WIDTHS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (b) The design top elevation of all dams and embankments after all settlement has taken place, shall be equal to or greater than the maximum water surface elevation in the basin resulting from the routed freeboard hydrograph. Therefore, the design height of the dam or embankment, defined as the vertical distance from the top down to the bottom of the deepest cu~ shall be increased by the amount needed to insure that the design top elevation will be maintained following all settlement. This increase shall not be less than five (5%) percent. Where necessary, the Borough Engineer shall require consolidation tests of the undisturbed foundation soil to more accurately determine the necessary increase.

       (c) Maximum side slopes for all dams and embankments are three (3) horizontal to one (1) vertical.

       (d) All earth filled shall be free from brush roots and other organic material subject to decomposition.

       (e) Cutoff trenches are to be excavated along the dam or embankment centerline to impervious subsoil or bedrock.

       (f) Safety ledges shall be constructed on the side slopes of all detention basins having a permanent pool of water. The ledges shall be four (4) to six (6) feet in width and located approximately two and one-half (2.5) to three (3) feet below and one (1) to one and one-half (1 1/2) feet above the permanent water surface.

       (g) The fill material in all earth dams and embankments shall be compacted to at least ninety-five (95%) percent of the maximum density obtained from compaction tests performed by the appropriate method in ASTM D698.

       10. Detention Facilities in Flood Hazard Areas.

       (a) There will be no detention basins in the floodway except for those on-stream.

       (b) Whenever practicable, developments and their stormwater detention facilities should be beyond the extent of the flood hazard area of a stream. When that is not feasible and detention facilities are proposed to be located partially or wholly within the flood hazard area (as defined by the New Jersey Division of Water Resources), or other areas which are frequently flooded, some storm conditions will make the facility ineffective at providing retention of site runoff. This will happen if the stream is already overflowing its banks and the detention basin, causing the basin to be filled prior to the time it is needed. In such cases, the standards established in these regulations will be modified in order to give only partial credit to detention capabilities located within a flood hazard area. The credit will vary in a ratio intended to reflect the probability that storage in a detention basin will be available at the time a storm occurs at the site.

       (c) In addition, detention development must be in compliance with all applicable regulations under the Flood Hazard Area Control Act, N.J.S.A. 58:15A-50 et seq.

       (d) Detention storage provided below the elevation of the edge of the flood hazard area will be credited as effective storage at a reduced proportion as indicated in the table below:

       SIZE OF STORAGE AREA*

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Notes:

       * Area contributing floodwaters to the flood hazard area at the site in question. This effective detention storage will be required to provide for drainage of the developed land in accordance with the criteria already established in these regulations. However, the gross storage considered for crediting will not exceed that which would be filled by runoff of a one hundred (100) year storm from the site.

       (e) As an alternative to the approach outlined in paragraph f,2(b) of this subsection. if the developer can demonstrate that the detention provided would be effective, during runoff from the one hundred (100) year, twenty-four (24) hour Type 11 storm, peaking simultaneously at the site and on the flood hazard area, the developer's plan will be accepted as complying with the provisions of paragraph f,2(b) of this subsection.

       (f) In making computations under paragraph f,2(b) or f,2(e) of this subsection, the volume of net fill added to the flood hazard area portion of the project's site will be subtracted from the capacity of effective detention storage provided. Net fill is defined as the total amount of fill created by the project less than the amount of material excavated during the construction of the project, both measured below the excavation of the one hundred (100) year flood but above the elevation of low water in the stream.

       (g) Where detention basins are proposed to be located in areas which are frequently flooded but have not been mapped as flood hazard areas, the provisions of either paragraph f,2(b) or f,3(e) of this subsection will be applied substituting the elevation of a computed one hundred (100) year flood for the elevation of the flood hazard area in paragraph f,2(b) of this subsection.

       11. Detention Facilities-Maintenance and Repair.

       (a) Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property with permanent arrangements that it shall pass to any successive owner, unless assumed by a governmental agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the responsible person.

       

       (b) Prior to granting approval to any project subject to review under this chapter, the applicant shall enter into an agreement with the municipality (or County) to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the Municipal Attorney, and may include, but may not necessarily be limited to, personal guarantees, deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

       (c) In the event that the detention facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify in writing the responsible person. From that notice, the responsible person shall have fourteen (14) days to effect such maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person.

       12. Stormwater Management-System Design-Protecting Water Quality.

       (a) In addition to addressing water quantity generated by development, a stormwater management system shall also enhance the water quality of stormwater runoff.

       (b) In order to enhance the water quality of stormwater runoff, stormwater management shall provide for the control of a water quality design storm. The water quality design storm shall be defined as the one-year frequency SCS Type III twenty-four (24) hour storm or a 1.25-inch two-hour rainfall.

       (c) The water quality design storm shall be controlled by best management practices. These include but are not limited to the following.

       (1) In "dry" detention basins, provisions shall be made to ensure that the runoff from the water quality design storm is retained such that not more than ninety (90%) percent will be evacuated prior to thirty-six (36) hours for all nonresidential projects or eighteen (18) hours for all residential projects. The retention time shall be considered a brim-drawdown time, and therefore shall begin at the time of peak storage. The retention time shall be reduced in any case which would require an outlet size diameter of three (3) or less. Therefore, three (3) inch diameter orifices shall be the minimum allowed.

       (2) In permanent ponds or wet" basins, the water quality requirements of this chapter shall be satisfied where the volume of permanent water is at least three (3) times the volume of runoff produced by the water quality design storm.

       (3) Infiltration practices such as dry wells, infiltration basins, infiltration trenches, buffer strips, etc., are encouraged as supplements to a positive outlet system. They may not be used alone unless there is no feasible alternative and, if used they must produce zero runoff from the water quality design storm and allow for complete infiltration within seventy-two (72) hours. The normally required storage volume must be doubled.

       (4) Other suitable best management practices, contained in New Jersey Stormwater Quantity/Quality Management Manual (State of New Jersey, Department of Environmental Protection, February 1981) shall be consulted. (2002 Code § 16.36.030)

       30-9.3(A) Exhibit A INTERSECTION STANDARDS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.030A)

       30-9.3(B) Exhibit B SIGHT TRIANGLES

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.030B)

       

       30-9.3(C)Exhibit C PAVEMENT SPECIFICATIONS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Notes:

       (1)Bituminous stabilized base course may be substituted for gravel base course on a one inch to three inch ratio.

       (2)If subgrade is approved as adequate by the engineer, gravel base course may be completely eliminated and bituminous stabilized base course may be substituted on a one inch to three inch ratio.

       (3)Gravel base course may be reduced to three inch minimum if subbase is provided. (4)Subbase may be required depending on subgrade soils, ground water elevations and other variables.

       (5)Portions of parking areas and aisles likely to be subjected to significant heavy truck traffic shall meet the standards for local streets. (2002 Code § Exhibit 16.36.030C)

       30-9.3(D)Exhibit D ILLUMINATION GUIDELINES FOR STREET, PARKING, AND PEDESTRIAN AREAS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       IES Lighting Handbook definitions:

       1. Area Classification.

       a. Commercial. That portion of a municipality in a business development where ordinarily there are large numbers of pedestrians during business hours.

       b. Intermediate. That portion of a municipality often characterized by a moderately heavy nighttime pedestrian activity such as in blocks having libraries, community recreation centers, large apartment buildings or neighborhood retail stores.

       c. Residential. A residential development, or a mixture of residential and commercial establishments, characterized by a few pedestrians at night. This definition includes areas with single-family homes, townhouses and/or small apartment buildings.

       2. Activity Level.

       a. High Activity. Major league athletic events, cultural or civic events, and major regional shopping centers.

       b. Medium Activity. Fast food facilities, area shopping centers, hospital parking areas, transportation parking (airports, etc.), cultural, civic or recreational events, and residential complex parking.

       c. Low Activity. Local merchant parking, industrial employee parking, educational facility parking.

       3. Bikeway Classification.

       a. Type A Bikeway. A strip within or adjacent to a public roadway or shoulder, used for bicycle travel.

       b. Type B Bikeway. An improved strip identified for public bicycle travel and located away from a roadway or its adjacent sidewalk system. (2002 Code § Exhibit 16.36.030D)

       30-9.3(E) Exhibit E COLOR CODE SYSTEM FOR FIRE HYDRANTS

       Class "A" - 1,000 gpm or greater and water mains of 10" and greater-green caps and bonnets

       Class "B" - Greater than 500 gpm but less than 1,000 gpm and water mains of at least 8" but less than 10"-orange caps and bonnets

       Class "C" - 500 gpm or less and water mains of at least 6" but less than 8"-red caps and bonnets

       Barrels - All fire hydrants shall be chrome yellow or equivalent, and all yellow paint shall be of "traffic yellow" (2002 Code § Exhibit 16.36.030E)

       

       30-9.3(F) Exhibit F MINIMUM SLOPES FOR SEWER SIZE BY PIPE DIAMETER

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.030F)

       30-9.3(G)Exhibit G MAXIMUM TRENCH DEPTH-PIPE CLASS REQUIREMENTS FOR REINFORCED CONCRETE PIPE

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.030G)

       

       30-9.3(H)Exhibit H RUNOFF COEFFICIENTS AMC II

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § 16.36.030H)

       30-9.3(I) Exhibit I NOMOGRAPH FOR THE DETERMINATION OF TIME OF CONCENTRATION

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.030I)

       

       30-9.3(J) Exhibit J RAINFALL INTENSITY CURVES (SAMPLES)

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.030J)

       

       30-9.3(K)Exhibit K MANNING'S ROUGHNESS COEFFICIENTS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.030K)

       

       

       30-9.3(L) Exhibit L PERMISSION VELOCITIES FOR SWALES, OPEN CHANNELS, AND DITCHES WITH UNIFORM STANDS OF VARIOUS WELL-MAINTAINED GRASS COVERS

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § Exhibit 16.36.030L)

       30-10 GUARANTEES AND INSPECTIONS.

       30-10.1 Purpose.

       Improvement guarantees shall be provided prior to the recording of final subdivision plats or as a condition of final site plan approval to ensure the municipality of the proper installation and maintenance of on-site and on-tract improvements. (2002 Code § 16.40.010)

       30-10.2 Performance Guarantees.

       a. Before the signing and recording of final subdivision plats, the applicant shall have installed under the inspection of the Borough Engineer all improvements required unless the applicant has posted and the Governing Body accepted, a performance guarantee providing for such installation. The amount of the guarantee shall be determined by the Borough Engineer, not to exceed one hundred twenty (120%) percent of the estimated cost of constructing the improvement including: streets, curbs, grading, pavement, gutters, sidewalks, street lighting, shade trees, surveyors monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, soil erosion and sediment control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.

       b. Performance guarantees shall be submitted in the following form:

       1. A minimum of ten (10%) percent of the performance guarantee must be posted in cash.

       2. The remaining ninety (90%) percent of the performance guarantee amount may be posted in cash, certified check, irrevocable standby letter of credit or surety bond issued by an insurance company licensed to do business in the State of New Jersey and acceptable to the Borough Attorney in the favor of the Borough.

       3.If the applicant elects to post an irrevocable standby letter of credit, it must be written in the following form:

       IRREVOCABLE STANDBY LETTER OF CREDIT

       LETTER OF CREDIT NUMBER:

       DATE:

       BENEFICIARY: Borough of Fair Haven, N.J. (from now on referred to as "Borough')

       AMOUNT: $

       INITIAL EXPIRATION DATE:

       DEVELOPER:

       (from now on referred as "Developer")

       ISSUING FINANCIAL INSTITUTION AND ADDRESS: (from now on referred as "Bank")

       The Bank submits to the Borough this Irrevocable Standby Letter of Credit (from now on referred to as "Letter of Credit") in the amount of $ ________________, representing the cash performance guarantee required under the provisions of the Land Use Ordinances of the Borough of ____________, to guarantee installation and completion of the improvements required by the Borough Planning Board or Zoning Board of Adjustments (from now on referred to in either case as the "Board") in connection with the following development:

       The improvements required to be completed are set forth in the Borough Engineer's estimates dated , 20_____, attached to this Letter of Credit and incorporated herein.

       The Bank hereby agrees with respect to this Letter of Credit as follows:

       1. If:

       a)The improvements required by the Board have not been installed in accordance with the development and approval and the attached Engineer's estimates, and

       b) The improvements have not been accepted by the Borough by a duly adopted Resolution releasing this Letter of Credit, or

       c) The Developer has failed to perform as required by the Developer's Agreement entered into between the Developer and the Borough, which Agreement shall be deemed incorporated herein and a part of this Letter of Credit;

       Then, the Bank shall release funds under this Letter of Credit to the Borough, pursuant to Paragraph 3. hereafter, for:

       a) All costs of having the improvements installed, and upon receipt of the proceeds under this Letter of Credit, the Borough shall install or have such improvements installed as may be required, and/or

       b) All costs and/or damages resulting from the Developer not having complied with the Developer's Agreement, and/or

       c)All Borough costs (including reasonable attorney's fees and expert witness' fees) of any litigation brought as a result of the Developer's failure to have the improvements installed and approved or as a result of Developer having failed to perform pursuant to the Developer's Agreement.

       

       It is expressly understood that the liability of the Bank is limited to the draw down requirements as explained in this Letter of Credit hereafter.

       2. This Letter of Credit shall be valid for a period commencing on the date set forth above and expiring on the initial expiration date set forth above, except as that initial expiration date may be extended as explained hereafter. If the required improvements have not been completed, approved and accepted at least sixty (60) days before the initial expiration date set forth above, then the Borough shall have the right to draw any amount which is then due to the full amount of this Letter of Credit. This Letter of Credit shall be automatically extended, without amendment, for periods of one (1) year each from the initial, or any future expiration date, unless sixty (60) days prior to the expiration date, the Bank notifies the Borough Clerk and the Borough Attorney by certified mail, return receipt requested, that the Bank elects not to extend. Upon receipt of such notice, the Borough may draw under this Letter of Credit by stating in writing that the Letter has not been renewed or extended and by the Borough complying with the provisions of Paragraph 3. hereafter.

       The Developer, until a replacement Irrevocable Standby Letter of Credit in this form has been deposited with the Borough, will cease and desist any and all work on the development, unless the required improvements under the approval, this Letter of Credit and the Developer's Agreement have been completed and approved by the Borough Engineer and Borough Council. In the event any occupancy is taking place in any improvements in the development, such occupancy shall then be deemed illegal, shall cease and desist. The provisions of this paragraph apply only to the Developer.

       3. In all circumstances, the release of money to the Borough under this Letter of Credit (sometimes referred to as a "draw" or "draw down") shall be accomplished by a written demand setting forth the Developer's failure to perform and signed by one (1) of the following:

       a) Borough Engineer

       b) Borough Clerk

       c) Mayor

       d) Official authorized by written Resolution, duly adopted by the Borough Council, to act in the place of the Borough Engineer, Borough Clerk or Mayor

       In addition to the written demand, the Borough shall present:

       a) This original Letter of Credit if demand is made for the full amount, or a copy of this Letter of Credit if the demand is for less than the full amount, and

       b) A certified true copy of the appointing Resolution if the demand is executed by a Borough official other than the Borough Engineer, Borough Clerk or Borough Administrator.

       The written demand and any required accompanying documents shall be served on the Bank by either of the following two (2) methods:

       a) Certified Mail, Return Receipt Requested, to the Bank at the address indicated on this Letter of Credit by depositing the documents in the United States mails, postage prepaid, no later than three (3) days before the expiration date, either initial or as extended, of this Letter of Credit;

       b) Personal presentation of the documents by any Borough representative at the Bank at the address indicated on this Letter of Credit on or before the expiration date, either initial or as extended.

       4. The Bank and Developer hereby irrevocably bind themselves, their heirs, successors, assigns and representatives to the full and faithful performance of the obligations contained in this Letter of Credit until all conditions for release as provided in this Letter of Credit are complied with. It is expressly understood that the obligation of the Bank shall terminate upon full release of this Letter of Credit by the Borough.

       5.The use, i.e. draw down, of all or part of this Letter of Credit shall in no way be deemed to constitute a waiver of any other right in the Borough may have under law or other documents delivered to the Borough by the undersigned Developer. It is expressly understood that the provisions of this paragraph shall not apply to the Bank.

       DEVELOPER:

       ATTEST: (Affix Seal)

       ______________________________

       Secretary

       DATED:

       BY:

       ______________________________

       President

       DATED:

       FINANCIAL INSTITUTION:

       ATTEST: (Affix Seal)

       ______________________________

       Secretary

       DATED:

       BY:

       ______________________________

       President

       

       DATED:

       STATE OF NEW JERSEY:

       ss

       COUNTY OF :

       I.certify that on _________________, 20 ______, ____________________ personally came before me and this person acknowledge under oath, to my satisfaction, that:

       (a) This person is the secretary of the financial institution in the attached documents:

       (b) This person is the attesting witness to the signing of this document by the proper corporate officer who is ____________________________, the President of the Financial institutions;

       (c) This document was signed and delivered by the corporation as its voluntary act duly authorized by a proper Resolution of its Board of Directions;

       (d) This person knows the proper seal of the corporation which was affixed to this document; and

       (e)This person signed this proof to attest to the truth of these facts.

       ___________________________

       Secretary

       Sworn and Subscribed to before me this _____ day of _________________, 20 _____.

       ___________________________

       NOTARY PUBLIC OF NEW JERSEY

       My Commission Expires

       ___________________________

       (Impress Seal)

       IF CORPORATE DEVELOPER

       STATE OF NEW JERSEY:

       ss

       COUNTY OF :

       I.certify that on _____________. 20 ____, __________________personally came before me and this person acknowledged under oath, to my satisfaction, that:

       

       (a) This person is the secretary of the Developer named in the attached document;

       (b) This person is the attesting witness to the signing of this document by the proper corporate officer who is the President of the Developer;

       (c) This document was signed and delivered by the corporation as its voluntary act duly authorized by a proper resolution of its Board of Directions;

       (d) This person knows the proper seal of the corporation which was affixed to this document; and

       (e) This person signed this proof to attest to the truth of these facts.

       __________________________

       Secretary

       Sworn and Subscribed to before me this _____ day of _______________, 20 ______.

       ______________________________________

       NOTARY PUBLIC OF NEW JERSEY

       My Commission Expires on

       ______________________________________

       (Impress Seal)

       IF INDIVIDUAL DEVELOPER STATE OF NEW JERSEY:

       ss COUNTY OF :

       I.certify that on __________________, 20 ____, ___________________ personally came before me and this person acknowledged under oath, to my satisfaction, that:

       (a) This person is named in and personally signed this document; and

       (b) This person signed, sealed and delivered this document as his act and deed.

       Sworn and Subscribed to before me this ______ day of _______________, 20 ____.

       NOTARY PUBLIC OF NEW JERSEY

       My Commission Expires on

       ______________________________________

       (Impress Seal)

       6. All guarantees shall provide for construction of the required improvements within two (2) years of the date of their posting or such other time as determined by the Municipal Agency. This time period may be extended by the Governing Body, in the form of a resolution granting such extension provided the Municipal Agency has, if necessary, extended the period of protection pursuant to N.J.S.A. 40:55D-52a. As a condition of this extension the guarantee amount may be adjusted to one hundred twenty (120%) percent of the estimated cost to construct the improvements at that time and additional inspection fees deemed necessary by the Municipal Agency shall be paid.

       7. All performance guarantees shall remain in effect until formally released by the Governing Body by a resolution and receipt of an approved maintenance guarantee as required.

       8. All guarantees, sureties, and landing institutions are subject to the approval of the Municipal Attorney and the Governing Body. (2002 Code § 16.40.020)

       30-10.3 Inspections.

       a. All site improvements shall be inspected during the time of their installation under the supervision of the Borough Engineer. Prior to the start of construction of any improvements, the applicant shall deposit by cash or certified check with the Borough Clerk the applicable inspection fee required by Section 30-3 of this chapter.

       b. In no case shall installation of underground facilities or any paving work be conducted without permission from the Borough Engineer.

       c. The Borough Engineer's office shall be notified two (2) working days prior to commencement of each of the following phases to construction so that the Borough Engineer or a qualified representative may be present to inspect the work:

       1. Site clearing and grading;

       2. Road subgrade;

       3. Curb and gutter forms;

       4. Curbs and gutters;

       5. Road paving;

       6. Sidewalk forms;

       7.Sidewalks;

       8. Drainage pipes and other drainage construction;

       9. Street name signs;

       10. Monuments;

       11. Sanitary sewers;

       12. Detention and/or retention basins;

       13. Topsoil seeding, planting, shade trees.

       d. Any improvement installed contrary to the plan or plat approval by the Borough shall constitute just cause to void the municipal approval.

       e. any improvements installed without notice for inspection shall constitute just cause for:

       1. The issuance of a "stop work" order by the Municipal Engineer pending the resolution of any dispute;

       2. Removal of the uninspected improvements.

       3. The payment by the developer of any costs of material testing;

       4. The restoration by the developer of any costs for material testing.

       f. Inspection by the Borough of installation of improvements and utilities shall not operate to subject the Borough to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owners and his contractor, if any. (2002 Code § 16.40.030)

       30-10.4 Developers Agreement.

       a. Prior to the signing and recording of final major subdivision plats and as a condition of final site plan approval in the case of a site plan, the developer shall enter into the agreement with the Governing Body if so required by the Municipal Agency. This agreement shall be of a form that is acceptable to the Municipal Attorney and one in which the developer agrees to abide by the terms and condition of approval, construct the required improvements in accordance with the approved plans, agree to maintain the constructed improvements including but not limited to, payment of street lighting charges, snow removal, maintenance of storm drainage, sewer and water facilities. The developer also shall agree that in the event the improvements are not maintained, the Borough can utilize the cash portions of the performance guarantees to immediately attend to items presenting a safety hazard.

       b. The developer shall reimburse the Borough for the cost and expense of the developer's agreement and filing of the developer's agreement with the County Clerk in accordance with the applicable professional contract, prior to execution of same. (2002 Code § 16.40.040)

       30-10.5 Release of Guarantees.

       a. Upon substantial completion of all required street improvements (except for top course), and appurtenant utility improvements, and the connection of same to the public system, the obligator may request of the Governing Body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to subsection 30-10.2a of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Concurrent with this notice the obligor shall forward a set of as-built plans for the following:

       1. Roads (plan and profiles);

       2. Surface and stormwater drainage (plans and profiles) for facilities in roads and easements;

       3. Sanitary sewers including individual lot connections and cleanouts (plans and profiles) for facilities in roads and easements;

       4. Water mains, gas mains and underground electric, telephone and community antenna television (CATV) conduits (plans and profiles) for facilities in roads and easements.

       Upon acceptance of the as-built plan information by the Borough Engineer, two (2) mylar and four (4) paper copies of the as-built plan shall be submitted to the Borough.

       Thereupon the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed list and report, in writing, with the Governing Body and shall simultaneously send a copy to the obligor not later than forty-five (45) days after receipt of the obligor's request.

       The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to' subsection 30-10.2a of this section.

       b. The Governing Body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of the cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to subsection 20-10.2a of this section. This resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the Governing Body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved improvements except for the portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that thirty (30%) percent of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.

       c. If the Municipal Engineer falls to send or provide the list and report as requested by the obligor pursuant to paragraph a. of this subsection within forty-five (45) days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

       If the Governing Body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within forty-five (45) days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to subsection 30-10.2a of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

       d. In the event that the obligor has made a cash deposit with the municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

       e. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.

       g. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Governing body or the Municipal Engineer.

       h. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of five hundred ($500.00) dollars or five (5%) percent of the cost of improvements estimated pursuant to the Municipal Land Use Law. For those developments for which the reasonably anticipated fees are less than ten thousand ($10,000,00) dollars. fees may, at the option of the developer, be paid in two (2) installments. The initial amount deposited by a developer shall be fifty (50%) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10%) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining fifty (50%) percent of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are ten thousand ($10,000.00) dollars or greater, fees may at the option of the developer, be paid in four (4) installments. The initial amount deposited by a developer shall be twenty-five (25%) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10%) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall file additional deposits of twenty-five (25%) percent of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit nor shall the developer proceed with any work for which an inspection is required until sufficient funds are on deposit.

       1. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this subsection shall be applied by stage or section.

       j. Any release of performance guarantees will be conditioned upon the provision of a maintenance guarantee to be posted with the Governing Body, in an amount equal to fifteen (15%) percent of the performance guarantee amount. The term of the maintenance guarantee shall be two (2) years.

       k. No performance guarantees shall be released if the developer shall be in default of its developer's agreement in the payment of escrow fees or payment of taxes. (2002 Code § 16.40.050)

       30-10.6 Development and Construction Prior to Final Subdivision Approval.

       The installation of any subdivision improvements or the commencement of any clearing and grading subsequent to preliminary approval shall not be undertaken unless the following has been done:

       a. If at any time of preliminary approval but prior to the commencement of final approval, the subdivider elects to proceed with the installation of improvements required under this chapter the subdivider shall furnish the Borough with the final construction drawings and details.

       b. The Municipal Agency having jurisdiction over the subdivision (Planning Board or Board of Adjustment) in consultation with the Borough Engineer shall review the final construction plans to determine that the clearing, grading and/or installation of improvements will not hinder future developments or create physical or aesthetic problems in the event that further development of the site is not undertaken.

       c. The required construction, inspection, engineering, and administration fees have been paid, and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or further development of the site is not undertaken.

       Such performance guarantees shall include, but are not limited to, the cost of the Borough providing stabilization of the site, drainage facilities necessary to protect off-tract areas from flooding, screening, or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.

       d. Prior to any disturbance of the site or commencement of any construction, the developer shall enter into an agreement with the Governing Body. This agreement shall be of a form that is acceptable to the Municipal Attorney and one in which the developer agrees to abide by the terms and conditions of approval, construct the required improvements in accordance with the approved plans, agrees to maintain the site and the constructed improvements. The developer also shall agree that in the event that the site and improvements are not maintained, the Borough can utilize the cash portions of the performance guarantee to immediately attend to items presenting a safety hazard.

       e. No development permit shall be issued nor any work commenced on site until compliance with this section and notice of intention to commence construction of such improvements shall be furnished to the Borough Engineer,

       f. At least two (2) weeks prior to the start of any construction the developer shall notify the Borough Engineer of his intention to start work so that a preconstruction meting can be arranged between the developer and the Borough Engineer.

       g. The Borough Engineer must be notified at least forty-eight (48) hours in advance of any on-site development. (2002 Code § 16.40.060)

       30-11 OFF-TRACT IMPROVEMENTS.

       30-11.1 Purpose.

       This section is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development. (2002 Code § 16.44.0 10)

       30-11.2 Definition and Principles.

       As a condition of final subdivision or site plan approval, the Municipal Agency may require an applicant to pay the pro rata share of the cost of providing reasonable and necessary circulation improvements, and water, sewerage, and drainage facilities, including land and easements, located off-tract of the property limits of the subdivision or development but necessitated or required by the development. 'Necessary" improvements are those clearly, directly, and substantially related to the development in question. The Municipal Agency shall provide in its resolution of approval the basis of the required improvements. The proportionate or pro rata amount of the cost of such facilities within a related or common area shall be based on the following criteria. (2002 Code § 16.44.020)

       30-11.3 Cost Allocation.

       a. Full Allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owner(s) receive(s) a special benefit thereby or where neither the Borough nor any other government entity has planned or programmed or accepted the responsibility for any portion of the cost of the improvements, the applicant may be required at the applicant's sole expense and as a condition of approval, to provide and install such improvements.

       b. Proportionate Allocation.

       1. Where it is determined that properties outside the development will also be benefited by the off-tract improvements, and where either the Borough or any other government entity has planned or programmed or accepted the responsibility for any portion of the cost of the improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.

       2. Nothing herein shall be construed to prevent the Municipal Agency and the developer from agreeing to use a different method to allocate cost.

       3. Allocation Formula.

       (a)Sanitary Sewers. The applicant's proportionate share of distribution facilities including the installation, relocation or replacement of collector, trunk and interceptor sewers, and appurtenances associated therewith, shall be computed as follows:

       (1) The capacity and the design of the sanitary sewer system shall be based on the

       standards specified in Section 30-9 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer.

       (2) The Municipal Engineer or planner shall provide the applicant with the existing and reasonably anticipated peak hour flows as well as capacity limits of the affected sewer system.

       (3) If the required system does not exist or the existing system does not have adequate capacity to accommodate the applicant's flow given existing and reasonably anticipated peak hour flows, the pro rate share shall be computed to be the larger of:

       1. The partial cost of a shared improvement where none now exists:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       , or

       ii. The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically possible, or

       iii. The partial cost of a shared improvement where the existing improvement has insufficient capacity:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (b) Roadways. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements shall be as follows:

       (1) The Municipal Engineer or planner shall provide the applicant with the existing and reasonably anticipated future peak hour volumes for the off-tract improvements.

       (2) The applicant shall furnish, for approval by the Municipal Engineer, the

       estimated peak hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement.

       (3) If the required improvements do not exist or if the existing system does not have adequate capacity to accommodate reasonably anticipated volumes, the pro-rata share shall be the larger of:

       1. The partial cost of a shared improvement where none now exists

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       , or

       ii. The total cost of an improvement designed to accommodate only the development traffic volume if such an alternative is technically possible, or

       iii. The partial cost of a shared improvement where the existing improvement has insufficient capacity:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (c) Drainage Improvements. The applicant's proportionate share of stormwater and drainage improvements including the installation, relocation and replacement of storm drains, bridges, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and relocation or replacement of other storm drainage facilities or appurtenances associated therewith, shall be determined as follows:

       (1) The capacity and the design of the drainage to accommodate stormwater runoff shall be based on the standards specified in Section 30-9 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer. The effect of on-site detention, if any, is not to be neglected.

       (2) The capacity of the enlarged, extended, or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to approval of the Municipal Engineer. The plans for the improved system may be prepared by the developer's engineer or the Municipal Engineer at the developer's expense and the estimated cost of the enlarged system calculated by the Municipal Engineer.

       (3) If the required improvements do not exist or if the existing system does not have adequate capacity to accommodate reasonably anticipated volumes, the pro-rata share shall be the larger of:

       1. The partial cost of a shared improvement where none now exists:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       , or

       ii. The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically possible, or

       ii. The partial cost of a shared improvement where the existing improvement has insufficient capacity:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       (d) Water Supply. The applicant's proportionate share of water distribution facilities including the installation, relocation, or replacement of water mains, hydrants, valves, and appurtenances associated therewith shall normally be computed in accordance with the rules of the serving water utility. If allocation of cost is to be made under the jurisdiction of the Borough procedures similar to those described for sanitary sewers, roadway and drainage improvements shall be used. (2002 Code § 16.44.030)

       30-11.4 Costs Included.

       The cost of an improvement shall be construed to encompass all costs including, but not limited to planning, feasibility studies, surveys, property and easement acquisition, design and construction. Such costs shall also include all legal, accounting, surveying, engineering, and other professional costs. Such costs may also include the cost of eminent domain proceedings, reasonable contingencies and costs of financing during construction. (2002 Code § 16.44.040)

       30-11.5 Escrow Accounts.

       Where the proposed off-tract improvement is to be undertaken at a future date, the moneys required for the improvement shall be deposited in an interest-bearing account to the credit of the Borough in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within the period from the time of deposit as specified by law, all moneys and interest shall be returned to the applicant. (2002 Code § 16.44.050)

       30-12 SPECIFICATIONS OF DOCUMENTS TO BE SUBMITTED.

       30-12.1 Purpose.

       The documents to be submitted are intended to provide the Municipal Agency with sufficient information and data to assure compliance with all municipal codes and specifications and to ensure that the proposed development meets the design and improvement requirements of this chapter. The specification of documents is based on the of development and particular stage of development application. (2002 Code § 16.48.010)

       30-12.2 Requirements.

       a. The documents to be submitted are shown in the Schedule of Required Documents and are indicated by the letter "X." In specific cases and for documented reasons, the Borough may waive the submission of a particular document or require the submission of additional documents. The reasons for the waiver shall be indicated in the minutes of the Municipal Agency. (2002 Code § 16.48.020; Ord. No. 2014-18)

       Borough of Fair Haven

       Land Development Application Checklist

       Name of Application: ____________________________________ Date: _________

       

       Block: _______________ Lot(s): _______________ Address: __________________

       Individual Completing Checklist: ____________________ Title: _________________

       An application shall not be considered complete until all the materials and information specified below has been submitted, unless upon receipt of a written waiver request from the applicant, a specified requirement is waived by the municipal agency. The waiver request shall be granted or denied within 45 days of receipt of said request. If an item is considered by the applicant to be "Not Applicable", a waiver request should be made.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (2002 Code § 16.48.020; Ord. No. 2014-18)

       30-13 RIPARIAN BUFFERS.

       a. Purpose and Authority. The purpose of this section is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of Borough of Fair Haven and to comply with N.J.A.C. 7:15-5.25(g)3, which requires municipalities to adopt an ordinance that prevents new disturbance for projects or activities in riparian zones as described herein. Compliance with the riparian zone requirements of this subsection does not constitute compliance with the riparian zone or buffer requirements imposed under any other Federal, State or local statute, regulation or ordinance.

       b. Definitions.

       

ACID PRODUCING SOILS shall mean soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower.

       Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices.

APPLICANT shall mean a person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated riparian zone.

CATEGORY ONE WATERS OR C1 WATERS shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.

DISTURBANCE shall mean the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

INTERMITTENT STREAM shall mean a surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.

LAKE, POND, OR RESERVOIR shall mean any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C 1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.

PERENNIAL STREAM shall mean a surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.

RIPARIAN ZONE shall mean the land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C 1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any manmade lagoon or oceanfront barrier island, spit or peninsula.

SPECIAL WATER RESOURCE PROTECTION AREA OR SWRPA shall mean a three hundred (300) foot area provided on each side of a surface water body designated as a C 1 water or tributary to a C 1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).

SURFACE WATER BODY(IES) shall mean any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State open waters identified in a Letter of Interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.

THREATENED OR ENDANGERED SPECIES shall mean a species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.

TROUT MAINTENANCE WATER shall mean a section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.

TROUT PRODUCTION WATER shall mean a section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.

CAFRA CENTERS, CORES OR NODES shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

CAFRA PLANNING MAP shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

COMPACTION shall mean the increase in soil bulk density.

       

CORE shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance (s). The county review agency may either be:

       A.County planning agency; or

       A.County water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT shall mean the New Jersey Department of Environmental Protection.

       

DESIGN ENGINEER shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act , N.J.S.A 4:1C-1 et seq.

DRAINAGE AREA shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

EMPOWERMENT NEIGHBORHOOD shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.

ENVIRONMENTALLY CRITICAL AREAS shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

       

EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

IMPERVIOUS SURFACE shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION shall mean the process by which water seeps into the soil from precipitation.

       

MAJOR DEVELOPMENT shall mean any "development" that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MUNICIPALITY shall mean any city, borough, town, township, or village.

       

NODE shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON shall mean any individual, corporation, company, partnership, firm, association, Borough of Fair Haven, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

SEDIMENT shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE shall mean the lot or lots upon which a major development is to occur or has occurred.

       

SOIL shall mean all unconsolidated mineral and organic material of any origin.

       

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BASIN shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

STORMWATER RUNOFF shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES shall mean a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA shall mean previously developed portions of areas:

       

       a. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

       b. Designated as CAFRA Centers, Cores or Nodes;

       c. Designated as Urban Enterprise Zones; and

       d. Designated as Urban Coordinating Council Empowerment Neighbor-hoods.

WATERS OF THE STATE shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. (Ord. No. 2013-18)