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Chapter
304, ZONING
[HISTORY: Adopted by the
Mayor and Council of the Borough of Matawan
ARTICLE I, Title, Purpose
and Definitions
304-1. Title.
This chapter may be cited and referred to as
the "Matawan Borough Zoning Ordinance of 1977."
304-2. Purpose.
Pursuant to Chapter 291 of the Laws of the
State of
A. Encourage municipal action to guide the appropriate use and
development of lands in the borough in a manner which will promote the public
health, safety, morals and general welfare.
B. Secure safety from fire, flood, panic and other natural and
man-made disasters.
C. Provide adequate light, air and open space.
D. Ensure that the development of Matawan Borough does not
conflict with the development and general welfare of its neighboring
municipalities, the
E. Promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment.
F. Encourage the appropriate and efficient expenditure of
public funds by the coordination of public development with land use policies.
G. Provide sufficient space in appropriate locations for a
variety of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all citizens.
H. Encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging location of such
facilities and routes which result in congestion or blight.
I. Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
J. Promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper use of land.
K. Encourage planned development which incorporates the best
features of design and relates the type, design and layout of residential,
commercial and recreational development to the particular site.
L. Encourage senior citizen community housing construction.
M. Encourage coordination of the various public and private
procedures and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land.
304-3. Definitions.
A. Word usage. The term "shall" indicates a mandatory
requirement, and the term "may" indicates a permissive action.
B. For the purposes of this chapter, the following words and
phrases shall have the meanings ascribed to them in this section unless the
context otherwise requires:
ACCESSORY USE OR STRUCTURE
-- A use or structure subordinate of the principal use of a building or
structure on the same zone lot and serving a purpose customarily incidental to
the use of the principal building. Where an accessory building is attached in a
substantial manner by a wall or roof to a principal building or structure, it
shall be considered a part of the principal structure or roof.
ADMINISTRATIVE OFFICER --
The Borough Clerk, unless a different borough official or officials is
designated by the chapter as defined elsewhere or by state statute.
ADULT ENTERTAINMENT USES
[Added
(1) ADULT BOOKSTORE -- An establishment having
as a substantial or significant portion of its stock in trade books, magazines,
other periodicals or any tangible items and objects, not necessarily of a
reading or photographic nature, which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas, as defined below, or an establishment
with a segment or section devoted to the sale or display of such material.
(2) ADULT MOTION PICTURE THEATER -- An enclosed
building with a capacity of 50 or more persons used for presenting material
distinguished or characterized by an emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas, as
defined below, for observation by patrons therein.
(3) ADULT MINI MOTION PICTURE THEATER -- An
enclosed building with a capacity for less than 50 persons used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas, as defined below, for observation by patrons therein.
(4) SPECIFIED SEXUAL ACTIVITIES -- Human
genitals in a state of sexual stimulation or arousal; acts of human
masturbation, sexual intercourse or sodomy; and fondling or other erotic
touching of human genitals, pubic region, buttock or female breasts.
(5) SPECIFIED ANATOMICAL AREAS -- Less than
completely and opaquely covered human genitals, pubic region, buttock or female
breast, below a point immediately above the top of the areola, and human male
genitals in a discernibly phallic state, even if completely and opaquely
covered.
(6) CABARET -- An establishment which
features go-go dancers, exotic dancers, strippers or similar entertainers.
ALLEY -- A right-of-way
other than a street, road, crosswalk or easement designated for access or
special accommodation of the property it reaches.
ALTERATION, STRUCTURAL:
(1) Any change in the supporting members of a
building, such as bearing walls, column, beams or girders, except such change
as may be required for safety, or any substantial change in the roof or in the
exterior walls, not including, however, changes in doors or windows or
alterations which affect primarily the appearance and not the life of the
structure.
(2) Any addition to a building, any change in
use from that of one zoning classification to another or moving a building from
one site, location or position to another.
APPLICANT -- A developer
submitting an application for development.
APPLICATION FOR DEVELOPMENT
-- 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 this
chapter.
APPROVING AUTHORITY -- The
Planning Board of the borough, unless a different agency is designated by this
chapter when acting pursuant to the authority of this chapter.
AUTOMOTIVE SERVICE STATION
or GASOLINE STATION -- A place gasoline, kerosene or any other motor fuel or
lubricating oil or grease for operating motor vehicles is offered for sale to
the public, and deliveries are made directly into motor vehicles, including
sale of accessories, greasing, oiling and light motor service on the premises.
BASEMENT:
(1) With reference to occupancy or use and to
regulate the height and bulk of buildings, the portion of a building in which
the ceiling averages less than four feet above the finished grade where such
grade meets the outside walls of the building, and which shall not be
considered a story and habitable.
(2) If the ceiling height averages more than
four feet above such grade and has a clear height of seven feet or more, such
space shall be considered a story and habitable.
BUFFER STRIP OR SCREEN -- A
combination of lawn and a landscape screen or densely planted (or having
equivalent natural growth) evergreen shrubs or trees at least four feet high at
the time of planting of a type that will form a year-round dense screen at least
six feet high, which shall be maintained in good condition at all times. Where
required in the district regulations, a screen shall be installed along or
within the lines of a lot as a protection to adjoining or nearby properties.
BUILDING
-- A combination of materials to form a construction adapted to permanent,
temporary or continuous occupancy and having a roof.
BUILDING
COVERAGE -- That area of a lot which is occupied by a building or structure,
but not including uncovered walkways, steps, patios or a parking lot or area or
any similar improvements thereto.
BUILDING HEIGHT -- The
vertical distance measured from the mean elevation of the finished grade along
the front of the building to the highest point of the roof for flat roofs, to
the mean height level (between the eaves and ridge) for gable and hipped roofs
and to the deck line for mansard roofs.
CAPITAL IMPROVEMENT -- A
governmental acquisition of real property or a major construction project.
CARPORT -- A roofed
structure providing space for the parking of motor vehicles and enclosed on not
more than three sides.
CELLAR -- A story partly
underground and having more than ˝ of its clear height below the mean elevation
of the finished lot grade at the front building line.
CHANNEL -- A watercourse
with a definite bed and banks which confine and conduct continuously or
intermittently flowing water.
CHURCH, CATHEDRAL or OTHER
PLACE OF WORSHIP -- One or more of the following: church, manse, house, temple,
synagogue, rectory, convent, parish or similar building incidental to the
particular use; school for religious education, convents, teachers,
communicants and domestic or maintenance employees; but not including business
offices, except administrative offices incidental to the operation of the particular
use, rescue missions or the occasional use for religious purposes or properties
not regularly so used.
CIRCULATION -- Systems,
structures and physical improvements for the movement of people, goods, water,
air, sewage or power by such means as streets, highways, 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.
COMMON OPEN SPACE -- 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.
COMPLETE APPLICATION -- The
form prescribed by the borough which is designated "Application for
Development," completely filled out and signed by the applicant,
accompanied by all required documents and information in form and content as
prescribed by the applicable sections of this chapter with sufficient copies of
each to comply with this chapter and accompanied by payment of the requisite
fees.
CONDITIONAL USE -- 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 of such use as contained in the this chapter and upon the
issuance of an authorization therefor by the Planning
Board.
CONSTRUCTION OFFICIAL -- A
qualified person appointed by the municipal appointing authority or the
Commissioner pursuant to the Act and the regulations to enforce and administer
the regulations within the jurisdiction of the enforcing agency.
CONVENTIONAL -- Development
other than planned development.
COURT -- Any open,
unoccupied area which is bounded by three or more attached building walls.
CRITICAL AREA -- Any area
which is environmentally sensitive, or which if disturbed during construction
would adversely affect the environment, including but not limited to stream
corridors, flood hazard areas, slopes greater than 20%, highly acidic or highly
erodible soils, area of high water table and mature
stands of native vegetation.
CUL-DE-SAC or DEAD-END
STREET --
DAYS --
Calendar days.
DEVELOPER -- 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 to purchase
or any other person having an enforceable proprietary interest in such land.
DEVELOPMENT -- The division
of a parcel of land into two 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 or
change in the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION -- A
zoning ordinance, subdivision ordinance, site plan ordinance, official map
ordinance or other municipal regulation of the use and development of land, or
amendment thereto, adopted and filed pursuant to this chapter.
DISTURBANCE -- Any activity
involving the clearing, excavating, storing, grading, filling or transporting
of soil or any other activity which causes soil to be exposed to the danger of
erosion.
DIVERSION -- A channel, with
or without a supporting ridge on the lower side, constructed across or at the
bottom of a slope.
DRAINAGE -- 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
or alleviation of flooding.
DRIVE-IN RESTAURANT -- A
building where food and/or beverages are sold in a form ready for consumption
and where a portion of the consumption of same takes place or is designed to
take place outside of the confines of the building but on the building lot.
DWELLING -- A building or
portion thereof designed for and used exclusively for residential occupancy,
including one-family, two-family and multiple-family dwellings, and not
including apartment hotels, hospital hotels, boardinghouses, multiple homes,
residential clubs, rooming houses, tourist courts, trailers and the like.
DWELLING,
ONE-FAMILY -- A detached building containing only one dwelling unit for
exclusive use by one family.
DWELLING
UNIT -- One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family. The dwelling unit shall be self-contained and shall not require passing
through another dwelling unit or other indirect route(s) to get to any other
portion of the dwelling unit, nor shall there be
shared facilities with another family. [Amended
ENVIRONMENTAL COMMISSION --
A municipal advisory body created pursuant to P.L. 1968, c 245.
EROSION -- The detachment
and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILY -- One or more
persons occupying a dwelling unit who prove by clear and convincing evidence
that the dwelling unit is occupied as a single nonprofit housekeeping unit.
[Amended
FENCE or WALL -- A
constructed barrier of wood, masonry, stone, wire, metal or any other nonvegetative material, or combination of such materials,
erected for the enclosure or screening of yard area or other areas on a lot.
FINAL APPROVAL -- The
official action of the Planning Board taken on a preliminarily 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 guaranties properly posted for their completion, or an
approval conditioned upon the posting of such guaranties.
FLOOD
DAMAGE POTENTIAL -- The susceptibility of a specific land use at a particular
location to damage by flooding and the potential of the specific land use to
increase off-site flooding or flood-related damages.
FLOOD-FRINGE AREA -- That
portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA -- The
floodplain or the total area inundated during the flood of record, or the area
delineated by the Department of Environmental Protection, by Housing and Urban
Development, or by analysis of soil condition characteristics of floodplains,
whichever is greater.
FLOOD HAZARD DESIGN
ELEVATION -- The highest elevation, expressed in feet above sea level, of the
flood of record or as determined by the criteria set forth in "flood
hazard area" above.
FLOOD MAP -- A map prepared
by the Department of Environmental Protection showing the channel, floodway and
fringe area, or, in the event such map has not been prepared, maps showing the
flood hazard area.
FLOOD OF RECORD -- The
greatest flood in a given area for which accurate records are available or the
flood hazard area, whichever is greater.
FLOODPLAIN -- Same as the
"flood hazard area."
FLOODWAY -- The portions of
the floodplain adjoining the channel which are reasonably required to carry and
discharge the floodwater or flood flow of any natural stream. The floodway
shall be delineated by the Department of Environmental Protection.
FLOOR AREA, FIRST --
Measured by using the outside dimensions of a residential portion of a
building, excluding the area of an attached garage. For a split-level or a
tri-level dwelling, the area shall be considered to be the sum of the areas of
two largest adjoining levels.
FLOOR AREA, GROSS -- The sum
of the gross horizontal areas of the several floors of the building or
buildings measured from the exterior facing of exterior walls, or from the
center line of walls separating two buildings. In addition, for retail and
commercial uses, gross floor area is the area used or intended to be used for
service to the public as customers, patrons, clients or tenants, including
areas occupied by fixtures and equipment, and used for the display or sale of
merchandise, but not including storage area. [Amended
GARAGE, PRIVATE -- A
detached accessory building or portion of a main building for the parking or
temporary storage of automobiles of occupants of the main building, and wherein
not more than one space is rented to persons not residents of the lot, or not
more than one commercial vehicle not to exceed one ton rated capacity or four
wheels may be parked.
GARAGE, PUBLIC -- A building
or part thereof, other than a private garage, used for the storage, care or
repair of motor vehicles for profit, or where any such vehicles are kept for
hire.
GARDEN APARTMENT -- A structure
housing more than two dwelling units and in which each unit shares certain
service facilities, including but not all inclusive of utility services,
parking areas, walkways, open areas, laundry and the like.
GAZEBO -- A pavilion or
belvedere, a structure, such as a summerhouse or an open-roofed gallery.
GENERAL OFFICE -- A room or
group of rooms used for conducting the affairs of a business, service, industry
or government. [Amended
GOVERNING
BODY -- The Mayor and Council of the Borough of Matawan.
GRADE, ESTABLISHED -- The
elevation of the center line of streets as officially established by the
township, county or state authorities.
GRADE, FINISHED -- The
completed surfaces of lawns, walks and roads brought to grades as shown on
official plans or designs related thereto.
HISTORIC SITE -- Any real
property, man-made structure, natural object or configuration or any portion or
group of the foregoing of historical, archaeological, cultural, scenic or
architectural significance.
HOME
OCCUPATION -- A physician, surgeon, dentist, lawyer, bookkeeper, accountant,
auditor, architect, engineer, seamstress, artist, tutor, broker or member of a
design profession. The sale of
goods or merchandise not produced on the premises shall not be considered a
home occupation.
HOTEL, MOTOR HOTEL or MOTEL
-- A building designed for occupancy as a temporary residence of one or more
persons who are lodged with or without meals.
INTERESTED PARTY:
(1) In a criminal or quasi-criminal
proceeding, any citizen of the State of
(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 right to use,
acquire or enjoy property is or may be affected by any action taken under this
chapter or whose rights to use, acquire or enjoy property under this chapter or
under any other law of this state or of the United States have been denied,
violated or infringed by an action or a failure to act under this chapter.
JUNKYARD -- Any area or
structure used or intended to be used for the conducting and operating of the
business of selling, buying, storing or trading in used or discarded metal,
glass, paper, cordage or any used or disabled fixtures, vehicles or equipment
of any kind.
LAND -- Includes
improvements and fixtures on, above or below the surface.
LOADING SPACE -- An
off-street space or berth abutting upon a street or other appropriate means of
access intended for the temporary parking of a commercial vehicle while loading
or unloading merchandise or materials.
LOT LINE, FRONT -- In the
case of an interior lot, a line separating the lot from the street, and in the
case of a corner lot, a line separating the narrowest street frontage of the
lot from the street.
LOT LINE, REAR -- A lot line
which is opposite and most distant from the front lot line, and in the case of
an irregular shaped lot, the line which is most nearly parallel to and at the
greatest average distance from the street line.
MAINTENANCE GUARANTY -- Any
security which may be accepted by a municipality for the maintenance of any
improvements required by this chapter, including but not limited to surety
bonds, letters of credit under the circumstances specified in Section 16 of
P.L. 1991, c. 256 (N.J.S.A. 30:55D-53.3) and cash.
MAJOR SUBDIVISION -- Any
subdivision not classified as a minor subdivision.
MASTER PLAN -- A composite
of one or more written or graphic proposals for the development of the
municipality adopted pursuant to this chapter.
MAYOR -- The chief executive
of Matawan Borough.
MINOR
SUBDIVISION -- A subdivision of land that does not result in more than two lots
or involve a planned development, any new street or the extension of any
off-tract improvement.
MULCHING -- The application
of plant or other suitable materials on the soil surface to conserve moisture,
hold soil in place and aid in establishing plant cover.
MUNICIPAL AGENCY -- The
Planning Board, Board of Adjustment or governing body or any agency created by
or responsible to the municipality when acting pursuant to this chapter.
MUNICIPALITY
-- The Borough of Matawan.
NONCONFORMING
NONCONFORMING STRUCTURE -- A
structure the size, dimensions and location of which were lawful prior to the
adoption, revision or amendment of this chapter, but that fails to conform to
the requirements of the zoning district in which it is located by reason of
such adoption, revision or amendment.
NONCONFORMING USE -- A use
or activity that was lawful prior to the adoption, revision or amendment of
this chapter, but that fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision or
amendment.
NUISANCE -- An offensive,
annoying, unpleasant or obnoxious thing or practice, a cause or source of
annoyance, especially a continuing or repeating invasion or disturbance of
another's rights, including the actual or potential emanation of any physical
characteristics or activity or use across a property line which can be
perceived by or affects a human being, or the generation of an excessive or
concentrated movement of people or things, such as but not limited to:
(1) Noise.
(2) Dust.
(3) Smoke.
(4) Fumes.
(5) Odor.
(6) Glare.
(7) Flashes.
(8) Vibrations.
(9) Shock waves.
(10) Heat.
(11) Electronic or atomic radiation.
(12) Objectionable effluent.
(13) Noise of congregation of people, especially
at night.
(14) Passenger traffic.
(15) Transportation of things by truck, rail or
other means.
(16) Invasion of nonabutting
street frontage by parking.
(17) The obscuring or marking of adjacent or
nearby property by projecting signs, marquees or canopies.
(18) Any adverse effect on value or desirability
of nearby property caused by such matters as incongruous appearance, exposed
storage of inoperable automobiles, junk, materials and neglect.
NURSERY SCHOOL -- A school
designed to provide daytime care or instruction for two or more children from
two to six years of age, inclusive, and operated on a regular basis.
NURSING HOME -- A building
providing shelter and/or supplemental health care for the elderly or infirm and
meeting the standards of the New Jersey State Department of Institutions and
Agencies to operate as a nursing home.
OBSTRUCTION -- Including but
not limited to any structure, fill, excavation, channel modification, rock,
gravel, refuse or matter in, along, across or projecting into any channel,
watercourse or flood area which may impede, retard or change the direction of
the flow of water either in itself or by catching or collecting debris carried
by such water or that is placed where the flow of water might carry the same downstream
to pose a danger to life or property.
OFFICIAL MAP -- The Official
Map, with changes and additions therein, adopted pursuant to this chapter.
OFF-SITE -- Located outside
the lot lines of the lot in question but within the property (of which the lot
is a part) that is the subject of a development application or within a
contiguous portion of a street or right-of-way.
OFF-TRACT -- Located neither
on the property that is in the subject of a development application nor on a
contiguous portion of a street or right-of-way.
ON-SITE -- Located on the lot
in question.
ON-TRACT -- Located on the
property that is the subject of a development application or on a contiguous
portion of a street or right-of-way.
OPEN SPACE -- 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 off-street parking and other improvements that are
designed to be incidental to the natural openness of the land.
OWNER -- An individual,
firm, association, syndicate, copartnership or
corporation having sufficient proprietary interest in the land sought to be
subdivided to commence and maintain proceedings to develop the same under this
chapter.
PARKING AREA -- An area
other than a street, used for the parking of motor vehicles.
PARKING STALL -- A space in
a garage or parking area reserved for the parking of only one automobile. This
space is exclusive of driveways, ramps, columns, office
and work area. [Amended
PERFORMANCE GUARANTY -- Any
security which may be accepted by a municipality, including but not limited to
surety bonds, letters of credit under the circumstances specified in Section 16
of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5) and cash.
PERMITTED
USE -- Any use which shall be allowed subject to the provisions of this
chapter.
PLANNING BOARD -- The
Planning Board of the Borough of Matawan, which shall have the authority to
exercise the powers of a zoning board. [Amended
PLAT -- A map or maps of a
subdivision or site plan.
PLAY
HOUSE, FORT or PLAY PLATFORMEN -- A children's temporary structure.
(1) A play house, fort or play platform
cannot be used for storage of any material.
(2) A play house, fort or play platform
cannot be used for sleeping quarters.
(3) A play house, fort or play platform
cannot be placed in the front yard.
(4) A play housed, fort or play platform
cannot be placed on the property where it would cause deprivation of a
neighbor's privacy.
PRELIMINARY APPROVAL -- The
conferral of certain rights as to site plans and major subdivision prior to
final approval and after specific elements of a development plan have been
agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND
ELEVATIONS -- Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form its scope,
scale and relationship to its site and immediate environs.
PROFESSIONAL OFFICE -- The
office of a recognized profession, including architects, artists, authors,
dentists, doctors or physicians, landscape architects, lawyers, ministers,
optometrists, professional engineers and such other professional occupations
which may be so designated by the Board of Adjustment upon finding by such
Board that such occupation is truly professional in character by virtue of the
need of similar training, and especially as a condition for the practice
thereof. The issuance of a state or local license for regulation of any gainful
occupation need not be deemed indicative of professional standing.
PROHIBITED USE -- Any use
which shall not be allowed under any circumstances.
PUBLIC AREAS -- Public
parks, playgrounds, trails, paths and other recreational areas and public open
spaces, scenic and historic sites and sites for schools and other public
buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
-- A master plan, capital improvement program or other proposal for land
development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY -- 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 nonpoint pollution.
PUBLIC OPEN SPACE -- An open
space area conveyed or otherwise dedicated to the municipality, a municipal
agency, the regional Board of Education, a state or county agency or any other
public body for recreational or conservational uses.
QUORUM -- The majority of
the full authorized membership of a municipal agency.
RESIDENTIAL CLUSTER -- An
area to be developed as a single entity according to a plan containing
residential housing units which have a common or public open space area as an
appurtenance.
RESIDENTIAL
DENSITY -- The number of dwelling units per gross acre of residential land
area, including streets, easements and open space portions of a development.
RESUBDIVISION -- 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 the alteration of
any streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law. Not included are
conveyances merely combining existing lots by deed or other instrument.
SCREENHOUSE -- A temporary
structure capable of being stored, a movable device, especially a framed
construction designed to keep out insects, usually with a canvas roof.
SEDIMENT -- Solid material,
both mineral and organic, that is in suspension, is being transported or has
been removed from its site or origin by air, water or gravity as a product of
erosion.
SEDIMENTATION -- The deposit
of soil that has been transported from its site of origin by water, ice, wind,
gravity or other natural means as a product of erosion.
SHEDEN -- A storage
building, either freestanding or attached to a larger structure, where
supplies, household articles, lawn equipment or odds and ends may be stored.
The maximum door(s) width may not exceed six feet. The maximum size of the
floor area will not exceed 160 square feet. The maximum height will not exceed
12 feet, or 165 square feet, outside dimensions.
(1) Any structure larger than 165 square feet
outside dimension will be an accessory building.
(2) A shed can be installed in an R-100, R-75
or R-50 Zone.
(3) A shed may be installed no closer than
one foot from the rear or side lot line.
(4) Only one shed will be permitted on a lot;
a second shed on the same lot will be considered an accessory building and must
meet all the requirements of an accessory building for that zone.
(5) A shed cannot be used as a sleeping
quarters.
(6) A shed cannot be used for storage of
contractor equipment.
(7) A shed cannot be placed in the front
yard.
(8) A shed must meet all the requirements of
front yard setbacks of an accessory building.
(9) No shed will have sanitary facilities.
(10) No business can be conducted from a shed.
(11) A building permit must be taken out to
install a shed.
SHOPPING CENTER -- A group
of commercial establishments planned, constructed and managed as a unit with
customer and employee off-street parking, truck loading and unloading
facilities, landscaping, pedestrian walkways, utilities and sanitary facilities
provided on the property. The integrated development, planned as an architectural
unit, shall be related in location, size and type of shops to the trade area
which the unit serves and may include such uses as retail stores and shops,
personal services establishments, professional and business offices, banks,
post offices, restaurants, theaters and auditoriums housed in an enclosed
building or buildings.
SIGN -- Any device for
visual communication that is used for the purpose of bringing the subject
thereof to the attention of the public.
SIGN, ADVERTISING -- A sign
which directs attention to a business, commodity, service or other facility
conducted, sold or offered elsewhere than on the premises where the sign is
located.
SIGN, BUSINESS -- A sign
which directs attention to a business, commodity, service or other facility
conducted, sold or offered upon the premises where such sign is located or to
which it is affixed.
SIGN, FLASHING -- A sign in
which the artificial light is not maintained constant in intensity, color or
frequency at all times when such sign is in use.
SIGN,
GROSS ADVERTISING AREA OF -- The entire space within a single continuous
perimeter enclosing the extreme limits of a sign.
SITE PLAN -- A development
plan of one 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 and screening devices.
(3) Any other information that may be
reasonably required in order to make an informed determination pursuant to this
chapter.
SOIL -- All unconsolidated
mineral and organic material of whatever origin that overlies bedrock.
SOIL EROSION AND
SEDIMENTATION CONTROL PLAN -- A plan developed in accordance with the broad
principles contained in this chapter, based on the specific standards and
specifications of the latest edition of Standards for Soil Erosion and Sediment
Control in
SPECIAL PERMIT -- A permit
directed to be issued pursuant to N.J.S.A. 40:55D-76 for a building or
structure in the bed of a mapped street or public drainageway
or flood control basin or public area, or for the erection of a building or
structure on a lot that does not abut a street.
STANDARDS OF PERFORMANCE --
Standards:
(1) Adopted by this chapter regulating noise
levels, glare, earth-borne 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 similar matters as may be reasonably required by the
borough; or
(2) Required by applicable federal or state
laws or municipal ordinances.
STORMWATER DETENTION -- Any storm drainage technique
which retards or detains runoff, such as a detention or retention basin,
parking lot storage, rooftop storage, porous pavement, dry wells or any
combination thereof.
STORY -- That portion of a
building included between the surface of any floor and the surface of the floor
next above it, or if there be no floor above it, then the space between the
floor and the ceiling next above it.
STORY, HALF -- A partial
story under a gable, hip or gambrel roof, the wall plates of which on at least
two opposite exterior walls are not more than four feet above the floor of such
story.
STREAM ENCROACHMENT PERMIT
-- A permit issued by the department under the provisions of N.J.S.A.
58:16A-55.
STREET -- Any street,
avenue, boulevard, road, parkway, viaduct, drive or other way:
(1) Which is an existing state, county 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 this chapter; 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 the granting to such Board of the power to review
plats; and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulder, gutters, curbs, sidewalks,
parking areas and other areas within the street lines. For purposes of this
chapter, streets are hereby classified as follows:
(a) Controlled access highways are those that
are used by heavy-duty traffic and which permit no access from abutting
property.
(b) Major thoroughfares are those which are
used primarily for heavy and through traffic.
(c) Collector streets are those which carry
traffic from minor streets to the major thoroughfares, including the principal
entrance streets of a residential development and streets for circulation
within such a development.
(d) Minor streets are those which are used
primarily for access to the abutting properties.
(e) Marginal service streets are those which
are parallel or adjacent to controlled access highways or major thoroughfares
and which provide access to abutting properties and protection from through
traffic.
STREET
LINE -- 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.
STRUCTURE -- 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.
SUBDIVISION [Added 12-2-1980
by Ord. No. 80-20] -- The division of a lot, tract or
parcel of land into two 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 acres or larger in
size.
(2) Divisions of property upon court order,
including but not limited to judgments of foreclosure.
(3) Divisions of property by testamentary or
intestate provisions.
(4) Consolidation of existing lots by deed or
other recorded instrument.
(5) The conveyance of one 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 this chapter and are shown and designated as separate lots,
tracts or parcels on the Tax Map of the borough. The term
"subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE -- A
committee of at least three Planning Board members appointed by the Chairman of
the Board for the purpose of reviewing subdivisions in accordance with the provisions
of this chapter and such duties relating to land subdivision which may be
conferred on this Committee by the Board.
USE -- The specific purpose
for which land or a building is designed, arranged, intended or for which it is
or may be occupied or maintained. The term "permitted use" or its
equivalent shall not be deemed to include any nonconforming use.
VARIANCE -- Permission to
depart from the literal requirements of this chapter.
YARD -- An
open space which lies between the principal or accessory building or buildings
and the nearest lot line, unoccupied and unobstructed from the ground upward
except as herein permitted.
YARD, FRONT -- An open space
extending the full width of the lot, measured from and at right angles to the
front lot line, unoccupied and unobstructed from the ground upward.
YARD, REAR -- A yard
extending across the full width of the lot measured from and at right angles to
the rear lot line, unoccupied and unobstructed from the ground upward except as
may be specified in this chapter.
YARD, SIDE -- An open,
unoccupied space measured from and at right angles to the side lot line of the
lot and extending from the minimum front yard to the minimum rear yard, except
as may be specified elsewhere in this chapter.
ARTICLE II, Enforcement and Administration
304-4. Enforcement.
It shall be the duty of the Construction
Official to administer and enforce the provisions of this chapter.
304-5. Duties of Construction Official.
A. It shall be the duty of the Construction Official to receive
and maintain a record of all applications for permits and a record of all
permits issued with notation 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 other borough officials. The Construction Official shall
not issue a permit for the construction of any building or for the use of any
property unless such building or use conforms to the provisions of this chapter
and all other ordinances of the borough; provided, however, that nothing herein
contained shall require any change in plans, construction or designated use of
a building for which a building permit has been heretofore issued and the
construction of which shall have been diligently prosecuted within three months
of the date of such permit and the ground story framework of which shall have
been completed within six months of the date of the permit and which entire
building shall be completed according to such plans as filed within one year
from the date of this chapter.
B. The Construction Official shall prepare a monthly report for
the Borough Council, summarizing for the period since his last previous report
all zoning permits issued and certificates countersigned by him 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 Tax Assessor, Planning
Board and Board of Adjustment at the same time it is filed with the Borough
Council.
C. Should the Construction Official be in doubt as to the
meaning or intent of any provision of this chapter or as to the location of a
zone boundary line on the Zoning Map, or as to the propriety of issuing a
zoning or building permit or occupancy permit in a particular case, he shall appeal
the matter to the Board of Adjustment for interpretation and decision.
304-6. Zoning permits.
Zoning permits shall be secured from the
Construction Official prior to construction, erection or alteration of any
building or part of the building involving a construction or value in excess of
$100 and for any change in the use of land. All requests for zoning permits
shall be made in writing by the owner or his authorized agent on a form to be
supplied by the Construction Official and shall include a statement of the use
or intended use of the building or land and shall be accompanied by a plan
which shall be prepared and submitted in accordance with the standards
established by Article III, Site Plan Review, of this chapter. Zoning permits
shall be issued within 45 days of application and shall have a one-year life.
These may be renewed annually with approval by the Board of Adjustment and
without the payment of additional fees for a period not to exceed three years.
304-7. Occupancy permits.
A. No land shall be occupied or used, in whole or in part, and
no building hereinafter constructed, erected or altered shall be occupied or
used, in whole or in part, for any use whatsoever, until an occupancy permit
has been issued by the Construction Official certifying that the use and
building, if any, comply with the provisions of this chapter. In addition, no
land shall be reoccupied or reused, in whole or in part, and no building shall
be reoccupied or reused, in whole or in part, for any use whatsoever until an
occupancy permit has been issued by the Construction Official certifying that
the proposed use complies with the provisions of this chapter.
B. Occupancy permits shall be granted or denied within 10 days
from date of written application therefor.
C. An occupancy permit issued in accordance with the Building CodeEN shall satisfy also the purposes of this chapter.
D. Upon receiving an application for an occupancy permit, the
Construction Official shall refer the application to the Board of Health or an
officer designated by it where sanitary sewers and/or public water is not
available and to the Fire Official and shall not issue the requested occupancy
permit until he has received certification from the Board of Health or an
officer designated by it, where required, that the use and building, if any,
comply with all ordinances and regulations of the Board of Health and a
certification from the Fire Department that the use and building, if any,
comply with the Fire Prevention Code of the borough.
E. An occupancy permit shall be required whenever a use variance
is granted.
304-8. Application fees. [Amended
The developer shall, at the time of
application, pay the following nonrefundable fees to the Borough of Matawan by
cash, certified check, bank money order or other form of security approved by
the Borough Attorney in accordance with the following schedule. The fee for
proposals requiring a combination of approvals, such as subdivision, site plan
and/or a variance, shall be the sum of the fees for each element.
A. Zoning permits:
(1) Residential dwelling: $25 per unit.
(2) Nonresidential construction: $50.
(3) Fences or walls: $10.
B. Certificates of occupancy: See Ch. 136, Construction Codes,
Uniform.
C. Demolition permit: See Ch. 136, Construction Codes, Uniform
D. Permit to move and relocate structure: See Ch. 136,
Construction Codes, Uniform.
E. Site plan review:
(1) Conceptual site plan: $100.
(2) Preliminary approval: $200 for each acre
or portion thereof.
(3) Final approval: ˝ of the preliminary site
plan fee.
(4) Resubmission of revised plan: 1/3 of the
original submission fee.
F. Subdivisions:
(1) Sketch plans or minor subdivision: $50.
(2) Preliminary approval of major
subdivision: $100, plus $50 per lot.
(3) Final approval of major subdivision:
$100, plus $25 per lot.
G. Variances/appeals:
(1) Hear and decide appeals: $50.
(2) Interpretation of zoning regulations:
$50.
(3) Hardship or bulk variances: $50 per
variance.
(4) Use variance: $250.
(5) Building permit for lot not related to a
street: $100.
H. Conditional use permit: $200.
I. Sign permits: See Ch. 136, Construction Codes, Uniform.
J. Informal submissions: $50 per hearing.
K. Inspection fees for on-site and off-site improvements.
(1) When any development proposal approved by
the Planning Board or Board of Adjustment includes the construction of on-site
or off-site improvements, the developer, owner or applicant shall post with the
Borough Clerk a performance bond in the amount estimated by the Planning Board
Engineer. Said bond shall be for 120% of the estimated cost of the
improvements. The developer, owner or applicant shall also post with the Clerk
cash or a certified check in the amount of 10% of the estimated cost of
improvements. Said moneys shall be placed in an escrow account to be drawn
against by the Borough Engineer for his required construction, administration
and inspection fees. The required performance bond, cash bond and inspection
fees shall be posted with the Borough Clerk prior to the issuance of any
building permits or the commencement of any construction. Any inspection fee
escrow account residual shall be returned to the developer at the time of the
maintenance bond release.
(2) The minimum inspection fee shall be $300.
304-9. Escrow deposits. [Amended
A. Escrow fees are required to be deposited in an escrow account
in accordance with the provisions of this section. Such escrow fees shall be
utilized to pay the cost of any professional fees incurred for review of and/or
testimony concerning an application for development. Subject to provisions of
Subsection A(3) of this section, each applicant shall, prior to the application
being ruled complete pursuant to the provisions of the Municipal Land Use Law,
submit the following sum(s) to be held in escrow in accordance with the
provisions hereof:
(1) Variances:
(a) Bulk
variance not requiring site plan or subdivision approval: $100.
(b) Use
variance: $250.
(2) Site
plan applications. Fees shall be in addition to any fees for required
variances.
(a) Residential
site plan:
[1] Preliminary
approvals:
Number
of Dwelling Units Fee
1
to 9 $1,500
10
to 25 3,000
26
to 50 4,500
51
to 100 6,000
Over
100 7,500
[2] Final approval: 20% of preliminary
approval escrow fee or a minimum of $1,000, whichever is greater.
(b) Nonresidential site plan:
[1] With principal building at least 1,000
square feet of gross floor area:
Square Feet Gross Floor Area Fee
1,000 to 2,500 $1,500
2,501 to
5,000 2,500
5,001 to
10,000 4,000
10,001
to 15,000 6,000
15,001
to 20,000 8,000
20,001
to 25,000 10,000
Over
25,000 12,500
[2] With principal building less than 1,000
square feet gross floor area:
(acres) Fee
Up to one $1,500
1 to 5 2,500
5 to 10 4,000
Over 10 5,000
[3] Final approval: 20% of preliminary approval's escrow fee or a
minimum of $1,000, whichever is greater.
(3) Subdivision
applications. Fees shall be in addition to any required variances.
(a) Minor subdivisions: $2,000. [Amended
(b) Preliminary subdivisions:
Number of Lots Fee
3 to 10 $ 2,000
11 to 25 3,000
26 to 100
5,000
More than 100
10,000
(c) Final subdivisions:
Number of Lots Fee
3 to 25 $1,000
26 to 100
2,000
More than 100 3,000
(4) Request
for rezoning. Any applicant seeking a rezoning of property shall deposit a
$1,000 escrow fee.
B. Within 45 days after the filing of an application for
development, the Planning Board may review said application to determine
whether the escrow amount set forth above is adequate. In conducting such
review, the Board shall consider the following criteria:
(1) The presence or absence of public water
and/or sewer servicing the site.
(2) Environmental considerations, including
but not limited to geological hydrological and ecological factors.
(3) Traffic impact of the proposed
development.
(4) Impact of the proposed development on
existing aquifer and/or water quality.
C. Upon completion of said review and with said forty-five-day
period, the Board shall adopt a resolution specifying whether the escrow amount
specified above is sufficient, excessive or insufficient. In the event that the
Board shall determine that said amount is excessive, it shall in the
resolution, specify the amount that shall be deemed sufficient, including a
specification, if appropriate, that no escrow be posted. In the event the Board
shall determine the amount specified above insufficient, it shall so specify
and shall further set forth the amount required to be posted in light of the
criteria specified herein.
D. Where an escrow deposit is required, no application for
development shall be deemed complete until the applicant has posted with the
borough the escrow deposit amount determined in accordance with the provisions
above.
E. All such escrow funds shall be utilized by the Board to pay
the cost of any professional fees incurred by the Board for review and/or
testimony in connection with the particular application for development. All
sums not actually so expended shall be refunded to the applicant within 60 days
after the final determination by the appropriate Board with respect to the
application.
F. The escrow deposit shall be deposited by the borough in an
interest-bearing account pending completion and review of the application. In
the event that a refund is to be made to the applicant, interest earned shall
be included in the refund.
G. Findings. The Borough Council (the Council) of the Borough of
Matawan (the borough) finds that applications for development require that the
various borough professionals review such applications. The Council also finds
that the developer should bear the responsibility of such costs and not the
borough. Further, the Council finds that a lien should be placed on the
property which is the subject of the development to provide for any deficiency.
H. Regulation.
(1) General requirements.
(a) In addition to the submission of
application filing fees, which are charged to cover general borough
administrative costs, as set forth hereinabove, development applications which
meet the criteria established herein shall be accompanied by a deposit of
escrow funds in accordance with the provisions of this section and the
execution by the applicant and owner of the real property which is the subject
of the development of a consent to and a waiver of any defenses to the
placement of a lien or a municipal lien for the cost of any professional and
nonprofessional services herein described and not fully provided for by the
escrow deposit.
(b) Said escrow funds shall be utilized to cover
the municipal costs of professional and nonprofessional services incurred
during the development review process. Professional and nonprofessional fees
and salaries incurred in connection with review of plans, consultation, site
inspections, written report and resolution preparation, meeting attendance,
general preparation, research, testimony and other work performed by the Board
Planner, Board Attorney, Municipal Engineer and other professional consulting
services as may be required due to the nature of the applications shall be paid
from escrow funds. Escrow fees shall not be utilized to pay inspection costs
required during the construction process.
(2) Procedural requirements.
(a) An applicant appearing before the
Planning Board, Site Plan Committee or other review committees shall deposit
all escrow funds, and the applicant and owner of the
subject real property shall execute the consent and waiver, both as previously
described herein, before the applicant's appearances before that committee. No
meeting or hearing with the applicant shall be held by said boards or
committees until all escrow funds, required fees, consents and waivers have
been deposited and executed, respectively, in accordance with this section. The
escrow sums must be in the form of cash, certified check or money order. All
deposits of escrow funds shall be made to the borough administrative official.
(b) Additional escrow funds may be required
when the escrow has been depleted to 20% of the original escrow amount. The
borough shall notify the appropriate board when escrow funds have been so
depleted. Professionals and nonprofessionals being paid from escrow funds shall
notify the Board or other review committee as to additional costs anticipated
to be incurred. The Board or other review committee shall not take any further
action on the application until adequate additional fees have been deposited by
the applicant with the borough.
(c) Escrow deposits shall be placed in an
interest-bearing account and the same shall be administered in accordance with
the requirements of P.L. 1985, c. 3l5 (N.J.S.A. 40:55D-53.1).
(d) All disbursements to consulting
professionals and applicable charges from borough-employed professionals and
nonprofessionals for services involved in processing an application which
requires the deposit of escrow funds shall be charged against the escrow
account.
(e) All bills submitted by consulting
professionals, relative to said applications shall specify the services
performed for individual applications and the time expended relative thereto.
The bills shall also set forth the hourly billing amount which will be the
amount charged to the borough pursuant to the consultant's contract.
(f) All charges by borough-employed
professionals and nonprofessionals enumerated hereinbelow
shall specify the services performed for individual applications and the time
expended relative thereto. The hourly billing rate for the borough-employed
professionals and nonprofessionals shall be 1/35 of their weekly compensation,
plus 30% to reimburse the borough for the benefits supplied to the said
employee.
(g) The borough shall provide the applicant
with an accounting of escrow funds within 90 days after the Board has taken
action on the application.
(h) All sums not actually expended shall be
refunded to the applicant within 90 days after the Board has taken action on
the application.
(i) No
resolution approving any development application which is subject hereto shall
be passed by the Planning Board until all fees and escrow sums required
hereunder have been paid in full.
(j) Any charges or fees for consulting
professionals or borough-employed professionals and nonprofessionals enumerated
above which remain unpaid shall be assessed against and become a lien on the
subject property pursuant to N.J.S.A. 54:5-7 and 54:5-8 and/or N.J.S.A.
2A:44-66 and shall be enforced pursuant to the provisions of N.J.S.A. 54:5-18.6
and/or N.J.S.A. 2A:44-97 and 2A:44-98.
ARTICLE III, Site Plan Review
304-10. Requirement.
No development shall take place within the
borough nor shall any land be cleared or altered nor shall any watercourse be
diverted or its channel or floodplain dredged or filled, nor shall any parking
areas, accessory or otherwise, be constructed, installed or enlarged nor shall
any building permit, zoning permit, certificate of occupancy or other required
permit be issued with respect to any such structure, land or parking area,
except in accordance with an approval of such development granted pursuant to
this article, unless exempted in accordance with 304-11.
304-11. Exemptions.
A. Single-family residential structures and structures and uses
incidental thereto permitted as of right under applicable zoning regulations
are exempt from the requirements of this article, unless the property has
characteristics which may result in environmental problems.
B. The following additional developments are also exempt from
the requirements of this article:
(1) The construction of a parking area for
less than three vehicles.
(2) Any structure or use for which a site
plan review application was made to the Planning Board prior to the effective
date of this chapter under municipal ordinances and regulations then in effect
and superseded by this chapter and that is developed in accordance with an approval
of such application heretofore or hereafter given by the Planning Board
pursuant to such prior ordinances and regulations.
304-12. Interpretation; variances.
The rules, regulations and standards set
forth in this article shall be considered the minimum requirements for the
protection of the pubic health safety and welfare of the citizens of the
borough. Any action taken by the Planning Board under the terms of this article
shall give primary consideration to such matters and to the welfare of the
entire community. However, if the applicant clearly demonstrates that, because
of peculiar conditions pertaining to his land, the literal enforcement of this
chapter is impracticable or will exact undue hardship, the Planning Board may
permit such variances as may be reasonable, within the general purpose and
intent of the rules, regulations and standards established by this article.
304-13.
Waiver of requirements.
The Planning Board may waive the requirements
of this chapter if the proposed development:
A. Involves normal maintenance or repair or replacement, such as
a new roof, painting, new siding or similar activity; or
B. Does not affect existing circulation, drainage, building
arrangements, landscaping, buffering, lighting and
other considerations of site plan review.
304-14. Reservations of public areas.
A. If the Master Plan or the Official Map provides for the
reservation of designated streets, public drainageways,
flood-control basins, parks or other public areas within the proposed development,
before approving a site plan the Planning Board may further require that such
streets, ways, basins or areas be shown on the plan in locations and sizes
suitable to their intended uses. The Planning Board may reserve the location
and extent of such streets, ways, basins or areas shown on the plan for a
period of one year after the approval of the final plan or within such further
time as may be agreed to by the developer. Unless during such period or
extension thereof the borough shall have entered into a contract to purchase or
institute condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas, the
developer shall not be bound by such reservations shown on the plan and may proceed
to use such land for private use in accordance with applicable development
regulations. The provisions of this section shall not apply to the streets and
roads, flood-control basins or public drainageways necessitated
by the land development and required for final approval.
B. The developer shall be entitled to just compensation for
actual loss found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been mutually
agreed upon, just compensation shall be deemed to be the fair market value of
an option to purchase the land reserved for the period of reservation, provided
that determination of such fair market value shall include but not be limited
to consideration of the real property taxes apportioned to the land reserved
and prorated for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining site plan approval caused by the
reservation.
304-15. Site plan requirements.
The site plan shall be prepared by a
professional engineer, land surveyor, architect, landscape architect or
professional planner at a scale not smaller than one inch equals 50 feet. The
site plan shall be based on the latest Tax Map information and shall be
consistent with the size permitted under the New Jersey Map Filing Act. The
site plan shall contain the following information:
A. The name and address of the applicant and the owner and the
name, address and title of the person preparing the plan, maps, including
appropriate map titles and accompanying data.
B. The Tax Map lot and block numbers of the lot or lots, tax
sheet number and key location map of the site with reference to surrounding
areas and existing street locations.
C. An appropriate place for the signatures of the Secretary of
the Planning Board or Zoning Board of Adjustment EN as the case may be, and
where applicable, the County Engineer, County Planning Board Secretary and
County Planning Director.
D, A date,
scale, including a graphic scale, and North arrow on any map.
E. The zone district in which the lot or lots are located.
F. Lot line dimensions.
G. Location of all buildings and structures, streets, easements,
driveways, entrances and exits on the site and within 100 feet thereof.
H. Proposed location and dimensions of proposed buildings and
structures, roads, driveways, parking areas, etc.
I. Building setback, side line and rear yard distance.
J. All existing physical features on the site and within 200
feet thereof, including streams, watercourses, existing woodlands, trees over
six inches in diameter and significant sod and hydrological conditions, such as
swamp, rock and water flows.
K. Topography showing existing and proposed contours at a
maximum of two-foot contour intervals where slopes are less than 10% and at a
maximum of five-foot contour intervals where slopes are greater than 10%.
L. Parking, loading and unloading areas indicating dimensions, traffic
patterns, access aisles and curb radii.
M. Improvements, such as roads, curbs, bumpers and sidewalks,
indicated with cross sections, design details and dimensions.
N. Location and design of existing and proposed stormwater systems, sanitary waste disposal systems,
potable water supply and methods of solid waste storage and disposal.
O. Landscaping and buffering plan showing what will remain and
what will be planted, indicating botanical and common names of plants, trees
and dimensions, approximate time of planting and maintenance plans.
P. Lighting details indicating type of standards, location,
radius of light and intensity in footcandles.
Q. Location, dimensions and details of signs.
R. Any and all other information and data necessary to meet any
of the requirements of this chapter not listed above.
S. Signature and seal of the licensed professional responsible
for the preparation of the site and construction plans.
T. For all site plan applications involving 25 or more
multifamily residential dwelling units, or any commercial or industrial
developments, provision for the collection, disposition and recycling of
recyclable materials consistent with the requirements of the Article I,
Recycling, of Chapter 254. [Amended 2-6-1990 by Ord.
No. 90-1; 2-18-1992 by Ord. No. 92-1]
U. An applicant proposing a site plan application for commercial
and industrial developments that utilizes 1,000 square feet or more of land
shall provide the Planning Board with estimates of the quantity of mandated
recyclable materials, including but not limited to newspaper, glass bottles,
aluminum cans, tin and bimetal 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 one to four weeks of accumulated
recyclable materials. The Planning Board may require the location of one or
more common storage areas at convenient locations within the development.
[Amended
304-16. Other information.
The Planning Board may require other
information and data for specific site plans. These data may include but are
not limited to geologic information, water yields, flood data, other
environmental information, traffic counts, road capacities, market information,
economic data and similar exhibits.
304-17. Waiver of requirements.
The Planning Board may waive submission of
any required exhibits in appropriate cases and for specific site plans.
304-18. Procedure for site plan approval.
A. Filing and referral. The Clerk of the Planning Board shall,
after an applicant for preliminary or final approval has submitted an
application in proper form with 12 copies and the required fees, notify the
applicant of the hearing date so that he can comply with the notice
requirements and refer the site plan and exhibits to the Borough Planning Board
and County Planning Board. The Planning Board may also designate other local,
county, state or other governmental officials or agencies to receive copies of
any application for review and recommendation.
B. Planning Board action. The Planning Board shall review the
application within 30 days after receipt. In the event an application is found
to be incomplete or in violation of any applicable codes and ordinances, the
applicant shall be notified within 30 days of submission by the Planning Board
by certified mail as to the items omitted or ordinances violated.
C. Sketch site plan review. Applicants for preliminary approval
shall be encouraged to submit for review by the Planning Board sketch site
plans for informal discussions and recommendations. The sketch site plans shall
be used as a basis for changes and redesign and to avoid undue expense and
delay in preparing more detailed plans and specifications. The Planning Board
shall not be governed by any statutory time limits in its review of sketch site
plans, and it is expressly understood that compliance with the recommendations
shall not bind the Planning Board in subsequent deliberations.
D. Preliminary approval. The Planning Board shall grant or deny
preliminary approval within 45 days of the date of submission of completed
application for a site plan for 10 acres of land or less and within 95 days of
the date of submission of a completed application for a site plan of more than
10 acres. Otherwise, the Planning Board shall be deemed to have granted
preliminary approval of the site plan. Public notice of applications shall be
required for all site plans in excess of four acres and all site plans
requiring a variance by the Planning Board.
E. Effect of preliminary approval. Preliminary approval of a
site plan shall, except as provided in Subsection F of this section below,
confer upon the applicant the following rights for a three-year period from the
date of the preliminary approval:
(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 size; yard dimensions and on-site and off-tract improvements;
and any requirements peculiar to the specific site plan. The borough may modify
by ordinance such general terms and conditions of a preliminary approval as
they may relate to public health and safety, provided that such modifications
are in accord with amendments adopted by ordinance subsequent to approval.
(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 site plan.
F. Extensions of preliminary approval.
(1) The applicant may apply for and the
Planning Board may grant extensions on such preliminary approval for additional
periods of at least one year, but not to exceed total extension of two years,
provided that if the design standards have been revised by ordinance, such
revised standards may govern.
(2) Site plans for areas of 50 acres or more.
(a) In the case of a site plan for an area of
50 acres or more, the Planning Board may grant the rights referred to above for
such period of time, longer than three years, as shall be determined by the
Planning Board to be reasonable taking into consideration the number of
dwelling units and nonresidential floor area permissible under preliminary
approval, economic conditions and the comprehensiveness of the development.
(b) 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 the number of dwelling units
and nonresidential floor area permissible under preliminary approval, the
potential number of dwelling units and nonresidential floor area of the section
or sections awaiting final approval, economic conditions and the
comprehensiveness of the development, provided that if the design standards
have been revised, such revised standards may govern.
(3) Whenever the Planning Board grants an
extension of preliminary approval pursuant to this Subsections F(1) and F(2) of this section 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.
(4) The Planning Board shall grant an
extension of preliminary approval for a period determined by the Board but not
exceeding one 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
governmental entities and that the developer applied promptly for and
diligently pursued the required approvals. A developer shall apply for the
extension before what would otherwise be the expiration date of preliminary
approval or the 91st day after the developer receives the last legally required
approval from 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 Subsections F(1) and
F(2) of this section.
G. Variances; Planning Board review in lieu of Board of
Adjustment. The Planning Board may, when exercising its powers pursuant to this
section, grant variances as provided in Section 47 of P.L. 1975, c. 291
(N.J.S.A.40:55D-60).
H. Planning Board action on final site plan approval. The
Planning Board shall, within 45 days after submission of a complete
application, approve the application for final site plan approval with or
without conditions, provided that the following requirements are met:
(1) That the detailed drawings and
specifications meet all applicable codes and ordinances.
(2) That the final plans are substantially
the same as the approved preliminary site plans.
(3) That all improvements have been installed
or bonds posted to ensure the installation of improvements.
(4) That the applicant agrees in writing to
all conditions of final approval.
(5) That proof has been submitted that all
taxes and assessments for local improvements on the property have been paid.
I. Effect of final approval.
(1) Final approval of a site plan shall
terminate the time period of preliminary approval for the section granted final
approval and shall guarantee the applicant that the zoning requirements
applicable to the preliminary approval and all other rights conferred upon the
applicant as part of preliminary approval shall not be changed for a period of
two years from the date of final approval unless the applicant has secured a
building permit to commence construction. The Planning Board may extend final
approval and the protection offered under Subsection E(1)
of this section above for one year. Up to three such extensions may be granted.
Applicants shall be required as a condition of any extension to reestimate improvement costs and to resubmit revised bonds
in accordance therewith.
(2) Planned units of residential development,
residential clusters of 50 acres or conventional site plans for 150 acres or
more.
(a) In the case of a site plan for a planned
unit residential development, or residential cluster of 50 acres, or
conventional site plan for 150 acres or more, the Planning Board may extend the
rights granted under final approval for such period of time, longer than two
years, as shall be determined by the Planning Board to be reasonable taking
into consideration the number of dwelling units and nonresidential floor area permissible
under final approval, economic conditions and the comprehensiveness of the
development.
(b) The developer may apply for thereafter,
and the Planning Board may thereafter grant, an extension of final approval for
such additional period of time as shall be determined by the Planning Board to
be reasonable taking into consideration the number of dwelling units and
nonresidential floor area permissible under final approval, the number of
dwelling units and nonresidential floor area remaining to be developed,
economic conditions and the comprehensiveness of the development.
J. Conditions
of final approval. The Planning Board may, as a condition of final approval:
(1) Grant final approval only for designated
geographic sections of the development.
(2) Grant final approval for certain work but
require resubmission for final approval for designated elements, such as but
not limited to landscaping, signs, street furniture, etc., and require approval
of these elements as a prerequisite for a certificate of occupancy or zoning
permit.
(3) Condition the granting of a certificate
of occupancy or zoning permit subject to the applicant or developer or
subsequent heirs or assignees meeting certain requirements within a designated
period of time, not to exceed one year, from the date of issuance of the
certificate of occupancy or zoning permit. This may include but is not limited
to the installation of landscaping, erection of signs, installation of
improvements, reevaluation of circulation patterns, etc.
304-19. Planning Board review.
The Planning Board shall review the site plan
and proposed development to determine that the plan and development will
compare favorably with borough standards, other neighborhood improvements and
the properly intended and planned appearance throughout any neighborhood or
along any street. In making such determination, the Planning Board shall
consider:
A. The height, bulk and area of buildings.
B. The setback distances from all property lines and spacing of
buildings on the site.
C. The size, location and type of signs.
D. The size, location, construction and proposed improvement of
all buffer strips, screening and areas to be landscaped.
E. The size, location and arrangement of all off-street parking
areas and loading areas.
F. The relation of the proposed development to the existing
buildings and structures in the general vicinity and area.
G. The lighting of buildings, signs and grounds.
H. All provisions of this chapter not mentioned specifically
above and the relationship of the proposed project to the health, safety and
general welfare of the public, and specifically the relationship of the
proposed development for overall conformance with the Borough Master Plan and
with applicable borough ordinances.
304-20. Required performance
guaranty.
The Planning Board may require as a condition
of site plan approval that the applicant post with the borough suitable
performance guaranties covering the installation of required improvements.
304-21. Site Plan Review Committee.
The Planning Board may appoint a Site Plan
Review Committee, consisting of three of its members, to review any site plans
submitted to the Planning Board. The Committee shall exercise all of the powers
granted to the Planning Board relating to site plan review for structures
containing less than 10,000 square feet in floor area and, when the decision of
the members of the Committee on any site plan referred to the Committee is
unanimous, the action of the Committee shall be deemed the final action of the Planning
Board, unless the applicant requests that the action of the Committee be
reviewed by the Planning Board. If the decision of the members of the Committee
is not unanimous, the site plan shall be reviewed by the Planning Board.
ARTICLE IV, Subdivisions
304-22. Interpretation; variances.
The rules, regulations and standards set
forth in this article shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens of the
borough. Any action taken by the Planning Board under the terms of this article
shall give primary consideration to such matters and to the welfare of the
entire community. However, if the applicant can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal enforcement
of this chapter is impracticable or will exact undue hardship, the Planning
Board may permit such variances as may be reasonable, within the general
purpose and intent of the rules, regulations and standards established by this
article.
304-23. Prior to issuance of
permit or certificate.
No zoning permit or certificate of occupancy
shall be issued unless all improvements required by this article have been
installed, except as noted in § 304-24.
304-24. Permit or certificate issuance.
A. A zoning permit or certificate of occupancy may be issued if
all improvements have been installed except the finish course of the road and
the Borough Engineer warrants that completion of the road is in the borough's
interest after the subdivider has completed
construction of dwellings and structures. The maintenance guaranty required
hereafter shall not begin until the finish course has been installed.
B. The Planning Board may also authorize the issuance of a
temporary certificate or permit if the following improvements have been bonded
but not yet installed: landscaping, sidewalks or other similar improvements.
Prior to the issuance of more than 50% of the certificates of occupancy for a
subdivision, all improvements shall have been constructed or installed.
304-25. Procedure for subdivision approval.
A. Any applicant wishing to subdivide or resubdivide
land within the borough shall apply for and obtain the approval of the Planning
Board in accordance with the following procedure. The applicant or his agent
shall appear at all regular meetings of the Planning Board whenever the
application is being considered. Failure to appear shall give the Planning
Board the right to postpone action on the application for that particular
meeting if applicant or his agent's absence deprives the Planning Board of
information necessary to make a decision.
(1) Preapplication
conference. Applicants for subdivision approval are encouraged to attend a preapplication conference prior to submitting any application
for subdivision. The conference shall be designed to assist applicants in the
expeditious processing of all applications and to provide for a mutual exchange
of information. Applicants shall be informed of special problems or proposals
relating to a particular site.
(2) Submission of sketch plat. An applicant
for the subdivision of land shall submit to the Construction Official an
application for subdivision, the required application fee as specified herein
and sufficient copies of a sketch plat containing the information required at
least two weeks prior to a regular meeting of the Planning Board. The
Construction Official shall determine if the application is complete and, if
not, inform the applicant of any deficiencies. If complete, the application shall
be referred to the Subdivision Committee.
(3) Classification. The Subdivision Committee
shall review the plat prior to the Planning Board meeting and classify it as a
minor or major subdivision. Subdivisions failing to receive a unanimous vote as
a minor exempt subdivision shall be considered a major subdivision. No plat
shall be classified as a minor if it results in any remaining lands capable of
being resubdivided into one or more building lots.
(4) Distribution of plats.
(a) If
classified as a minor subdivision, two copies of the plat shall be forwarded to
the following for review and comment:
[1] Borough Engineer.
[2] County Planning Board.
[3] Borough Health Officer.
[4] Borough Construction Official.
[5] Borough Tax Assessor.
[6] Environmental Commission.
[7] Fire Official.
[8] Other agencies as may be determined by
the Planning Board.
(b) The applicant shall be responsible for
forwarding copies of all plats and required exhibits to the County Planning
Board and should furnish a receipt indicating the delivery to the Borough
Planning Board.
(5) Action. The Subdivision Committee shall
act within 45 days on a minor subdivision of complete application to the
Construction Official. The Committee shall not approve or conditionally approve
the minor subdivision prior to receipt of comments by the above agencies or
officials, or after 30 days has elapsed from referral without any comments. If
approved, a notation to that effect shall be made on the plat and it shall be
signed by the Planning Board Chairman and the Planning Board Secretary and
returned to the subdivider within one week following
the next regular meeting of the Planning Board. If rejected, the reasons for
rejection shall be noted on all copies of the application form, one of which
shall be returned to the applicant. The Subdivision Committee may attach
conditions of approval to any minor subdivision.
(6) Filing with county recording officer. If
approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of
the Laws of 1960EN or a deed stamped with the date of the Planning Board
approval shall be filed with the county recording officer within 190 days from
the date of approval. Failure to file within 190 days shall void subdivision
approval.
(7) Lands resulting from minor subdivisions.
Any lands, lots or parcels resulting from a minor subdivision shall not be
resubmitted as a minor subdivision.
(8) Approved minor subdivisions distribution.
Before the Planning Board Clerk returns any approved minor subdivision to the subdivider, the applicant shall provide the Clerk with a
certificate of filing from the County Clerk's office. The Clerk shall
distribute copies of the approved subdivision to each of the following:
(a) Borough Clerk.
(b) Borough Engineer.
(c) Borough Construction Official.
(d) Borough Tax Assessor.
(e) Fire Official.
(9) Effect of minor subdivision approval. The
granting of minor subdivision approval shall guarantee that the zoning
requirements and general terms and conditions, whether conditional or
otherwise, upon which minor subdivision approval was granted shall not be
changed for a period of two years after the date of minor subdivision approval,
provided that the approved minor subdivision shall have been duly recorded as
provided herein.
(10) Submission of major subdivision for
preliminary approval. If classified as a major subdivision, applicant shall
submit at least 12 prints of the plat containing all data required herein
together with three completed applications for preliminary approval and all
appropriate fees as required herein to the Planning Board Clerk at least three
weeks prior to the regular Planning Board meeting at which it is to be
considered.
(11) Exhibits required with the preliminary
plat. The following exhibits shall be filed with all preliminary plats:
(a) Two copies of an affidavit of ownership
or letter from owner authorizing submission of the plat.
(b) Two copies of a letter of intent stating
the following information if known:
[1] Type of structure(s) to be erected.
[2] Approximate date of start of
construction.
[3] A tentative section plan for the entire
subdivision indicating all facilities, including the estimated number of lots
on which final approval will be requested for the first section.
(c) For all subdivisions involving 50 or
more single-family lots, provisions for the collection, disposition, and
recycling of recyclable materials consistent with the requirements of the
Matawan Borough Mandatory Recycling Ordinance. [Amended
(12) Distribution. Copies of the preliminary
plan and exhibits shall be forwarded upon receipt to the following persons or
agencies:
(a) Borough Engineer.
(b) Borough Health Officer.
(c) Borough Construction Official.
(d) County Planning Board.
(e) Environmental Commission.
(f) Borough Fire Official.
(g) Any other official or agency which may be
affected by the proposed subdivision or required to be notified by law. The
applicant shall be responsible for forwarding all preliminary plans and
exhibits to the County Planning Board and other required agencies required
hereunder.
(13) Review. The officials and agencies cited
shall forward their views and recommendations in writing to the Planning Board
within 30 days from the receipt of the plat. The preliminary plat shall be
referred to the Subdivision Committee for review and recommendations. The
Subdivision Committee may recommend certain changes based on their review and
the comments of other officials and agencies. A full report of all meetings,
recommendations and discussions shall be forwarded to the Planning Board within
30 days after receipt of the plat by the Committee. If the application is found
to be deficient, the applicant shall be notified within 45 days of submission,
and such notification shall constitute a rejection of the application.
(14) Notice of public hearing. After all
comments have been received, or after 30 days have elapsed, and after the
applicant has revised the plat to meet required changes, the Planning Board
shall, after a review of the plat, and if all requirements are met and the
application is complete, set the date for the public hearing and shall notify
the applicant of such date.
(15) Exhibits required prior to public hearing.
The following shall be submitted to the Planning Board by the applicant:
(a) Notice and proof of publication.
(b) Affidavit of notice of public hearing to
persons and agencies served giving a list of the names, addresses and lot and
block number of owners so notified, how served, date of service and a copy of
the notice and mail receipt.
(c) Water supplier. If appropriate, a letter
from the water supplier stating that the water system as proposed is adequate
for the development and all future extensions thereof. The letter shall state
the present safe daily yield of the system, the expected demand by the
development on the system and the remaining safe daily yield of the system.
(d) Fire Official. If appropriate, a letter
from the Fire Official, stating that the proposed water lines and fire hydrants
are adequate for protection from fire in the proposed development and that the
type of hydrant to be installed has been approved.
(e) Health Officer. A letter from the Borough
Health Officer or appropriate municipal authority approving the proposed
individual sewage disposal facility and individual water supply systems.
(16) Time limitation; resubmitting plat.
(a) The Planning Board shall act on the plat
within the applicable time period set forth in this section. Failure of the
Planning Board to act within the applicable time periods or within a time
extension mutually agreed upon shall be considered an approval. If the Planning
Board disapproves a plat, the reasons for the disapproval shall be communicated
in writing to the applicant within 10 days of the date of the decision and
advertised as required by this article. No action shall be taken until receipt
of County Planning Board review or until 30 days have elapsed from date of
referral to the county.
(b) If substantial changes or amendments are
required, such as changes to the drainage and circulation pattern, lot
configuration or number of lots, as a result of the public hearing or of the
Planning Board deliberations, the applicant may be required to resubmit the plat
for preliminary approval.
(17) Planning Board action.
(a) The Planning Board shall approve,
conditionally approve or reject the application. Approval or conditional
approval confers upon the applicant the following rights for a three-year
period from the date of approval or conditional approval:
[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 size; yard dimensions and off-tract improvements; except that
nothing therein shall be construed to prevent the borough from modifying by
ordinance such general terms and conditions of preliminary approval as relate
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 plat.
(b) If either the Planning Board or County
Planning Board disapproves a plat, the reasons for disapproval shall be
remedied prior to further consideration. If approval is required by any other
officer or public body, the same procedure as applies to submission and
approval by the County Planning Board shall apply. The Planning Board may grant
conditional approval subject to the subsequent approval of other officers or
public bodies.
(18) Extension.
(a) The applicant may apply for and the
Planning Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance such
revised standards may govern.
(b) In the case of a subdivision for an area
of 50 acres or more, the Planning Board may grant the rights referred to in
Subsection A(17) of this section for such period of
time, longer than three years, as shall be determined by the Planning Board to
be reasonable taking into consideration the number of dwelling units and
nonresidential floor area permissible under preliminary approval, economic
conditions and the comprehensiveness of the development.
(c) 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 the above factors,
provided that if the design standards have been revised, such revised standards
may be required by the Planning Board.
(19) Submission of final plat of major
subdivision.
(a) The final plat shall be submitted for
final approval within three years from the date of preliminary plan approval or
within such extension as provided herein. One original tracing, one translucent
cloth copy, two cloth prints and 10 black-and-white prints as required herein
shall be submitted to the Borough Clerk at least two weeks prior to the regular
meeting of the Planning Board.
(b) Unless the preliminary plat was approved
without changes, the final plat shall have incorporated all changes or
modifications required by the Planning Board, including conditions or
preliminary approval. The applicant shall submit an affidavit indicating no
changes or those changes noted.
(20) Exhibits required prior to final approval.
The following exhibits shall accompany the application for final approval, in
addition to any other exhibits that may have been required by the Board as a
condition of final approval:
(a) Borough Engineer. A letter from the
Borough Engineer indicating:
[1] That the engineer is in receipt of a map
showing all utilities in exact location and elevation, identifying those
portions already installed and those to be installed.
[2] That the subdivider
has either completed the installation of all improvements in accordance with
the requirements of this chapter or posted with the Borough Clerk a performance
guaranty in an amount sufficient to cover the cost of all improvements herein,
or uncompleted portions thereof, as estimated by the Borough Engineer, and
assuring the installation of such improvements on or before an agreed date.
[3] All items and amounts required for the
corporate surety maintenance guaranty.
[4] That the final plat conforms to the
preliminary plat as submitted and approved.
(b) Tax Collector. That all
taxes have been paid to date on the property.
(c) Clerk.
[1] A letter from the Borough Clerk
indicating that the amount, form and content of the maintenance guaranty has been accepted by the governing body.
[2] A letter from the Borough Clerk, where
appropriate, pursuant to this chapter, that moneys as
provided therein have been paid the borough as reimbursed for engineering
inspection costs of improvement construction or installation incurred since
preliminary approval.
(21) Distribution. Copies of the final plat
shall be distributed to the following:
(a) Borough Clerk.
(b) Borough Engineer.
(c) Borough Construction Official.
(d) Borough Tax Assessor.
(e) County Planning Board.
(f) Borough Fire Official.
(g) Borough Health Officer.
(h) Other municipal, county, agencies or
authorities as may be required.
(22) Review. No action shall be taken until such
time as the above officials review said plat or 30 days has elapsed from date
of referral.
(23) Time limitation. The Planning Board shall
act within the applicable time period set forth in this chapter computed from
the date of submission of a completed application at a regular meeting or
within such further time as may be mutually agreed upon. If the Planning Board
approves the final plat, a notation to that effect shall be made on each plat
and signed by the Chairman and Secretary of the Planning Board. Failure of the
Planning Board to act within the allotted time or a mutually agreed upon
extension shall be deemed to be favorable approval, and the Borough Clerk shall
issue a certificate to that effect.
(24) County Planning Board. Any plat which
requires County Planning Board approval, pursuant to N.J.S.A. 40:27-6.2, shall be forwarded to the County Planning Board for its
action. The Planning Board may grant final approval subject to approval by the
County Planning Board.
(25) Filing. The final plat approval shall be
filed by the subdivider with the county recording
officer within 95 days from the date of such approval. If any final plat is not
filed within that period, the approval shall expire. For good cause, the
Planning Board may extend the time for the filing of the plat for an additional
period not to exceed 95 days. No plat shall be accepted for filing by the Clerk
of the
(26) Effect of final approval. The granting of
final approval shall confer upon the applicant that the zoning requirements applicable
to the preliminary approval first granted and all other rights conferred upon
the developer, whether conditionally or otherwise, shall not be changed for a
period of two years after the date of final approval, provided that these
rights shall expire if the plat has not been duly recorded within the
prescribed time period.
(27) Extensions. If the developer has followed
the standards prescribed for final approval and has duly recorded the plat as
required by this chapter, the Planning Board may extend such period of
protection for extensions of one year but not to exceed three extensions.
Notwithstanding any other provisions of this chapter, the granting of final
approval terminates the time period of preliminary approval for the section
granted final approval.
304-26. Plat details.
A. Sketch plats. All plats shall be based on accurate
information at a scale of not less than one inch equals 100 feet and shall show
or include the following information, except that the Planning Board may waive
any requirement or request additional information where it is clearly
appropriate to the particular application:
(1) Location and key map. The entire tract to
be subdivided, giving the accurate location of all existing and proposed
property and street lines and including a key map at a scale where one inch
equals not more than 1,000 feet showing the entire subdivision and its relation
to all features shown on the Official Map and Master Plan and located within ˝
mile of the extreme limits of the subdivision and the zoning classification of
the proposed subdivision and of adjacent land.
(2) Structures, wooded areas and topography.
The location of existing houses, buildings and other structures with accurate
dimensions from all existing and proposed lot lines, wooded areas and isolated
trees more than 10 inches in diameter and topography within the portion to be
subdivided and within 200 feet thereof at ten-foot contours.
(3) Owners. The name of the
owner, all adjoining property owners and those across existing or proposed
streets as disclosed by the most recent municipal tax records.
(4) Identify. The Tax Map
sheet, date of revision, block and lot numbers and zone district.
(5) Streets, easements, watercourses,
rights-of-way. The location of existing or proposed streets, roads, easements,
public rights-of-way, streams, bridges, culverts, drainage ditches and natural
watercourses in and within 500 feet of the subdivision.
(6) Lots. The original and proposed lot
layout, lot dimensions, all required setback lines and lot area of each lot in
square feet and acreage.
(7) Percolation tests. If individual sewerage
disposal systems are proposed, the plat shall show the location of all
percolation tests and test results, including those that failed, and soil logs.
(8) Other information required. Date of
original preparation and date of revision, if any, of plat, as well as old name
if submitted previously under different title.
(9) Information required for minor
subdivision plats. If the sketch plat is being submitted for minor subdivision
approval, it shall contain the information required under this section and
shall be a certified survey map drawn by a licensed New Jersey land surveyor.
The plat shall provide for endorsement by the Chairman and Planning Board
Secretary. If the plat is to be filed it shall meet the requirements of the Map
Filing Law.
B. Plat submitted for preliminary approval. The preliminary plat
shall be clearly and legibly drawn or reproduced at a scale of not less than
one inch equals 100 feet. Preliminary plats shall be drawn by a licensed New
Jersey professional engineer or land surveyor. Contour maps and preliminary
construction plans, including road profiles and utility plans, shall be
submitted as part of the preliminary plat. Separate maps may be required by the
Board of topography, utilities and road details. A soil
erosion and sedimentation control plan and a grading plan shall be included.
The plat shall be designed in compliance with the provisions of this chapter
and shall show or be accompanied by the following information:
(1) Location and key map. The entire tract to
be subdivided giving the accurate location of all existing and proposed
property and street lines and including a key map at a scale where one inch
equals not more than 1,000 feet showing the entire subdivision and its relation
to all features shown on the Official Map and Master Plan and located within ˝
mile of the extreme limits of the subdivision and the zoning classification of
the proposed subdivision and of adjacent land.
(2) Lots. Lot layout, lot dimensions, all
required setback lines and individual lot areas in square feet and acreage.
Lots shall be designated by consecutive numbers until given an official lot
number designated by the borough.
(3) Other contents. The tract name, Tax Map
sheet and date or revision, block and lot numbers, date of plat preparation,
reference meridian, scale, graphic scale and the following names and addresses:
(a) Record owner or owners of property to be
subdivided; if other an individual, the corporate officers or partners or other
statutory agent.
(b) Subdivider.
(c) Person who prepared map, official seal
and license numbers.
(d) Owners of property within 200 feet of
entire tract being subdivided.
(4) Acreage. Acreage of
tract to be subdivided.
(5) Elevations and contours. Sufficient
elevations and contours at five-foot vertical intervals for slopes averaging
10% or greater and at two-foot vertical intervals for land of lesser slope to
determine the general slope and natural drainage of the land and the high and
low points for a distance of 200 feet around the entire tract boundary.
(6) Existing and proposed locations. The
location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes, sanitary sewers, water
mains, gas mains, power lines and any natural features, such as wooded areas,
large trees over 10 inches in diameter and rock formations. This data shall be
determined by field and/or photogrammetric survey.
(7) Streets. Preliminary plans and profiles
at a scale of not less than one inch equals 50 feet horizontally and one inch
equals five feet vertically, including cross sections every 50 feet or as
specified by the Borough Engineer, of all proposed streets, curbs and gutters
within the subdivision and proposed connection with existing or future
continuing streets. The distances and radii of all curves along all street
lines shall be shown.
(8) Utilities. Preliminary plans and profiles
of proposed utility layouts shall be at a scale of not less than one inch
equals 50 feet horizontally and one inch equals five feet vertically (water,
storm and sanitary sewers) showing connections to existing or proposed utility
systems. The applicant shall indicate the general location of the gas,
telephone and electrical lines.
(9) Sewers, drains, ditches. Preliminary
plans and profiles at a scale of one inch equals 50 feet horizontally and one
inch equals five feet vertically of all proposed and existing sanitary sewers,
storm drains, drainage ditches and streams within the subdivision, together
with the locations, sizes, elevations, grades and capacities of any existing
sanitary sewer, storm drain, drainage ditch or stream or watercourse to which
the proposed facility shall be connected. When brook or stream channel
improvements are proposed or required, the plans for such improvement shall be
approved by the State Department of Environmental Protection or the Monmouth
County Planning Board where applicable.
(10) Percolation tests and soil logs. When an
individual sewage disposal system is proposed the following requirements shall
be met:
(a) Percolation tests shall be made on each
lot to determine the ability of the soil to absorb effluent. Such tests shall
be made as directed by the Borough Health Officer. The percolation test shall
be approved by the Borough Health Officer. No lot shall be approved as a
building lot unless a passing percolation test has been secured.
(b) If the percolation rate meets the borough
requirements, the Health Officer shall prescribe the type and extent of the
disposal system in accordance with borough health ordinances.
(c) In areas of questionable percolation,
the Health Officer may establish the conditions under which the percolation
tests may be undertaken, including the month of the year and locations.
(d) The Planning Board may require, in areas
of questionable suitability for individual sewage disposal systems, soil logs
to be undertaken under the direction of the Board of Health.
(11) Private sewage disposal. Plans for a
typical individual or package sewage disposal system where same is proposed.
The plans shall be approved by the appropriate local and/or state agency.
(12) Off-site improvements. When the development
of the subdivision or improvements within the subdivision are contingent upon
improvements outside the boundaries of the subdivision, information shall be
supplied by the subdivider prior to Planning Board
consideration for preliminary approval that the improvements outside the subdivisions
are installed and will be available to the subdivider.
(13) Setback lines. All front, rear and side
yard lines shall be shown for all lots.
(14) Deed restrictions. A copy of any protective
covenants or deed restrictions applying to the land being subdivided shall be
submitted with the preliminary plat.
(15) Open space. Any open spaces proposed to be
dedicated for public use of playgrounds or other public purpose and the
location and use of all such property shall be shown on the plat.
(16) Support capability. When deemed necessary
to determine the suitability of the soil to support new construction, the
Planning Board shall require test holes or borings to be made by a
(17) Conservation plans. Plans showing measures
designed to minimize soil erosion and sedimentation, such as berms, siltation ponds, sediment
traps, detention and retention basins, landscaping, natural cover, energy dissipators and rip-rap. Plans may also include:
(a) A storm drainage schedule, including a
description of all temporary and permanent structures, negative measures and
other techniques for the control of stormwaters,
together with a time table for the construction or installation of such
structures, negative measures or other techniques.
(b) A schedule containing the timing of and
description of temporary and permanent soil stabilization measures, including
tracking, scarification, serration of slopes, roughening, mulching, silting,
chemical binders and other suitable methods of soil stabilization.
(c) The location and description of water
interception and diversion measures, such as diversion ditches, dikes, barriers
and disposal structures such as flexible or sectional downdrains,
flumes, lineal spreaders and the like.
C. Final plat. The final plat and all final plans and profiles
of improvements and other original exhibits shall be filed with the Borough
Clerk at least two weeks prior to the regular meeting of the Planning Board
when the plat is to considered. The plat shall be drawn in compliance with the
provisions of the Map Filing Law. The final plat shall show or be accompanied
by the following:
(1) Identification. Date, name and key map of
the subdivision, name of owner, scale, graphic scale and reference meridian.
The final plat shall be drawn at a scale of not more than one inch equals 100
feet.
(2) Other contents. Tract boundary lines,
rights-of-way lines of streets, street names, easements and other
rights-of-way, land to be reserved or dedicated to pubic use, all lot lines
with accurate dimensions, hearings, distances, arc lengths, central angles,
tangents and radii of all curves and areas of each lot in square feet.
(3) Public use. The purpose of any easement
or land reserved or dedicated for any use shall be indicated, and the proposed
use of sites other than residential shall be noted.
(4) Blocks and lots. All block, lot and house
numbers shall be approved by the Borough Engineer and the Tax Assessor and
shall be related to existing block and lot numbers as shown on the Official Tax
Map of the Borough.
(5) Monuments. Location and description of
all monuments shall be shown.
(6) Consent of owner. Certification
that the applicant is agent or owner of the land or that the owner has given
consent to file the map.
(7) Approval. When approval
of a plat is required by any officer or body, whether municipal, county or
state, approval shall be certified on the plat.
(8) Certifications. The
following certifications shall appear on the final plat:
(a) I hereby certify that this map and the survey have been made
under my immediate supervision and comply with the provisions of the Map Filing
Law (include the following if applicable). I do further certify that the
monuments as designed and shown hereon have been set.
Licensed Land Surveyor (Affix Seal)
_________________________ Date
(If monuments are to be set
at a later date, the following endorsement shall be shown on the map.)
I certify that a bond has
been given to the Borough of Matawan guaranteeing the future setting of the
monuments shown on this map and so designated.
_____________________________
Borough Clerk
_____________________________
Date
(b) I hereby certify that all of the requirements of the Borough
of Matawan Department of Health have been complied with.
______________________
Health Officer
______________________ Date
(c) I have carefully examined this map and find it conforms with
the provisions of the Map Filing Law and the municipal ordinances and
requirements applicable thereto.
(d) This application No. ________ is approved by the Borough of
Matawan Planning Board as a major subdivision.
______________________
Chairman
______________________ Date
______________________
Secretary
______________________ Date
(9) Affidavit. An affidavit signed and sworn to by the applicant
that the final plat is drawn and presented exactly the same as the preliminary
plat approved by the Planning Board, and, if there be any, changes shall be set
forth in the affidavit as exceptions to the general statement. The affidavit
shall be submitted in an original and two copies.
304-27. Design standards.
The subdivider
shall observe the following requirements and principles of land subdivision in
the design of each subdivision or portion thereof.
A. Development pattern. The subdivision plat shall conform to
design standards that will encourage the most appropriate development pattern
within the borough.
B. Reservation of public areas.
(1) If the Master Plan or the Official Map
provides for the reservation of designated streets, public drainageways,
flood control basins, bikeways, walkways or public areas within the proposed
development, before approving a subdivision or site plan the Planning Board may
further require that such streets, ways, basins or areas be shown on the plat
in locations and sizes suitable to their intended uses. The Planning Board may
reserve the location and extent of such streets, ways, basins or areas shown on
the plat for a period of one year after the approval of the final plat or
within such further time as may be agreed to by the developer. Unless during
such period or extension thereof the borough shall have entered into a contract
to purchase or institute condemnation proceedings according to law for the fee
or a lesser interest in the land comprising such streets, ways, basins or
areas, the developer shall not be bound by such reservations shown on the plat
and may proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this subsection shall not apply to
the streets and roads, flood control basins or public drainageways
necessitated by the subdivision or land development and required for final
approval.
(2) The developer shall be entitled to just
compensation for actual loss found to be caused by such temporary reservation
and deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be the fair
market value of an option to purchase the land reserved for the period of
reservation, provided that determination of such fair market value shall
include but not be limited to consideration of the real property taxes
apportioned to the land reserved and prorated for the period of reservation.
The developer shall be compensated for the reasonable increased cost of legal,
engineering or other professional services incurred in connection with
obtaining subdivision approval or site plan approval, as the case may be,
caused by the reservation.
C. Streets.
(1) General. The arrangement of streets not
shown on the Master Plan or Official Map shall be such as to provide for the
appropriate extension of existing streets, and where necessary in order to
promote the orderly flow of traffic and for the safety, welfare and convenience
of the public, shall be such as to provide for appropriate extensions to
adjoining properties.
(2) Right-of-way and pavement widths. The
right-of-way and pavement widths shall be measured from abutting lot line to
abutting lot line and shall not be less than the following:
(a) Arterial and primary road right-of-way:
as required by state or county.
(b) Secondary roads right-of-way: as required
by state or county.
(c) Collector streets.
[1] Right-of-way: 50 to 60 feet.
[2] Pavement: 20 feet to 40 feet.
(d) Minor and marginal access streets.
[1] Right-of-way: 50 feet.
[2] Pavement: 20 feet to 30 feet.
(e) Cul-de-sac or dead-end turnarounds.
Cul-de-sacs or dead-end turnarounds shall have a minimum radius of 40 feet on
the curb, right-of-way minimum of 50 feet and pavement width of 18 feet to 24
feet. Landscaped islands shall be provided where required by the Planning
Board.
(f) Internal or service roads. The
right-of-way and pavement widths for internal roads in multifamily, commercial
and industrial developments shall be determined by the Planning Board on an
individual basis and shall in all cases be of sufficient width and design to safely
accommodate the maximum traffic, parking, loading and access for emergency
equipment, but in no case shall the pavement be less than 20 feet in width for
two-way traffic.
D. Widening existing streets.
(1) Subdivisions that include existing
streets which do not conform to pavement and/or right-of-way widths, as shown
on the Master Plan or Official Map, shall be dedicated and improved to borough
specifications the additional width from the center line of the road abutting
the property being subdivided. If the subdivision adjoins one side of an
existing road which does not meet standards, only ˝ of the required extra width
shall be dedicated and improved to borough specifications.
(2) When, in the interests of traffic safety,
health, convenience and good planning, a postponement of the installation or
construction of a widened roadway is desirable, the Planning Board may
authorize such postponement, provided that the developer shall deposit with the
borough the cost of the improvement in lieu of actually constructing or
installing same in the same manner as required in this chapter.
E. Street design standards.
(1) Grades. Grades of arterial, primary and
secondary roads shall be determined by the state or county. Collector streets
shall not exceed 8%. Grades on other streets shall not exceed 10%.
(2) Intersections. Street intersections shall
be laid out as nearly at right angles as possible and in no case shall be less
than 60°. The block corners at intersections shall be rounded at the
right-of-way line with a twenty-five-foot radius curve and at the curbline with a curve having a radius of not less than 35
feet.
(3) Jogs. Street jogs with center-line
offsets of less than 125 feet shall be prohibited.
(4) Reverse curves. A tangent at least 100
feet long shall be introduced between reverse curves on arterial and collector
streets.
(5) Connecting streets. When connecting
street lines deflect from each other at any one point by more than 10° and not more
than 45°, they shall be connected by a curve with a center-line radius of not
less than 300 feet for minor streets and 600 feet for arterial and collector
streets.
(6) Dead-end streets. Dead-end streets shall
not be longer than 1,000 feet unless approved by the Planning Board. They shall
have a turnaround installed with a curb radius of 40 feet and shall be tangent
wherever possible to the right side of the street, The dead-end street should
extend to the adjoining property line to permit its extension to serve adjacent
properties with adequate provision made for the future extension of the street
to meet borough standards. Wherever a turnaround is proposed on any street, the
front yard setback line shall be measured so as to maintain the front yard setback
of adjacent properties.
(7) Names. Streets shall not have a name
which will duplicate or so nearly duplicate as to be confused with the names of
existing streets. The continuation of an existing street shall have the same
name. All street names shall be approved by the Planning Board.
F. Lots.
(1) Side lines. Insofar as is practical, side
lot lines shall be at right angles to streets and radial to curved streets.
(2) Frontage. Each lot must front upon a
street and the frontage shall not be less than required by this chapter as
measured along the building setback line and street right-of-way line. The
minimum frontage along a cul-de-sac shall be measured at minimum required
building setback line.
(3) Setbacks. Where land has been dedicated
for a widening of existing streets, lots shall begin at such new street line as
may have been established, and all setbacks shall be measured from such line.
(4) Substandard suitability. Where there is a
question of the suitability of a lot or lots for their intended use due to
factors, such as rock formations, flood conditions, high water table, sewage
disposal, excessive topographic slope or similar circumstances, the Planning
Board may, after adequate investigation, with professional assistance, if
deemed necessary, withhold approval of such lots.
(5) Driveways. Driveways shall not have a
grade in excess of 15% over the entire length. On arterials, the grade shall
not be more than 5% for the first 25 feet from the road unless otherwise
approved by the Planning Board. Driveways shall not be located where visibility
is limited because of curves or topography.
(6) Lots on arterial or collector streets.
Lots fronting on arterial or collector roads shall, at the discretion of the
Planning Board, be serviced by a marginal access road or reverse frontage or be
required to provide driveways with turnarounds.
G. Public use, service areas and utility placement.
(1) Utility easements. In any major
subdivision, or where unusual circumstances warrant as determined by the
Planning Board, easements may be required for utility installations. Such
easements shall be at least 20 feet wide and located after consultation with
the utility companies or borough agencies concerned.
(2) Drainage and conservation easements.
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, or where it is desirable to preserve other areas within a
subdivision because of soil conditions, rock outcroppings, tree masses,
wildlife habitat, vistas or other significant horticultural, environmental or
natural features, there shall be provided a drainage and/or conservation
easement of sufficient area and width to protect and preserve the
aforementioned features. The extent of such easements shall be determined by
the Environmental Commission, and the easements shall be deeded to the borough
prior to final subdivision approval and carry the following limitations:
(a) No trees or shrubs shall be removed or
destroyed on lands in the easement, except in accordance with approved forest
management practices.
(b) No topsoil, sand, gravel or minerals
shall be excavated or removed except as may be required to build a pond and
then only if the borough approves the design and structure of the pond, it
being the intent to preserve the natural function of the floodplain.
(c) No buildings of any description shall be
erected.
(d) No fill of any kind shall be permitted
except as may be required to build a road and then only after the borough
approves the design.
(3) Underground utilities.
(a) In all subdivisions, all utility
distribution lines or mains and all services shall be installed underground. In
all such subdivisions, the applicant shall arrange with the serving utility for
underground installation of the utilities distribution supply lines, in
accordance with the provisions of the applicable standard terms and conditions
incorporated as a part of its tariff, as the same are then on file with the
State of New Jersey Board of Public Utility Commissioners, and shall submit to
the Planning Board prior to the granting of final approval a written instrument
from each serving utility which shall evidence full compliance with the
provisions of this paragraph; except, however, that lots which, in such
subdivisions, abut existing streets where overhead electric or telephone
distribution supply lines have heretofore been installed on any portion of the
street involved 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.
(b) In any particular situation where the
applicant can clearly demonstrate that because of unusual topographic
conditions or other unusual conditions having to do with the land, the
installation of such utilities underground is impractical or otherwise not
feasible due to such conditions, then the Planning
Board, in its discretion, may waive this requirement for underground
installation.
(4) Street lights. Street lights shall be
installed as required by the Planning Board.
H. Conservation, erosion and sediment control. Measures used to
control erosion and reduce sediment shall as a minimum meet the standards,
specifications and recommendations of the Monmouth County Soil Conservation
District and Matawan Borough. The following measures shall be included where
applicable in the soil erosion and sedimentation control plan:
(1) Stripping of vegetation, regrading or other development shall be done in such a way
as to minimize erosion.
(2) Development shall preserve salient
natural features, keeping cut-fill operations to a minimum, and ensure
conformity with topography so as to create the least erosion potential and
adequately handle the volume and velocity of surface water runoff.
(3) When feasible, natural vegetation shall
be retained, protected and supplemented.
(4) The disturbed area and the duration of
exposure shall be kept to a practical minimum.
(5) Disturbed soils shall be stabilized as
quickly as practical.
(6) Temporary vegetation or mulching shall be
used to protect exposed critical areas during development.
(7) The permanent (final) vegetation and
mechanical erosion control measures shall be installed as soon as practical in
the development.
(8) Provisions shall be made to effectively
accommodate the increased runoff caused by changed soil and surface conditions
during and after development. Where necessary the rate of surface water runoff
will be mechanically retarded.
(9) Whenever sedimentation is caused by
stripping vegetation, regrading or other development,
it shall be the responsibility of the developer causing such sedimentation to
remove it from all adjoining surfaces, drainage systems and watercourses and to
repair any damage at his expense as quickly as possible.
(10) Maintenance of all drainage facilities and
watercourses within any major subdivision is the responsibility of the
developer until they are accepted by the borough or other approving agency.
(11) It is the responsibility of any person
doing any act on or across a communal stream, watercourse or swale or upon the
floodway or right-of-way thereof to maintain as nearly as possible in its
present state the stream, watercourse, swale, floodway or right-of-way during
the duration of such activity and to return it to its original or equal
condition after such activity is completed.
(12) Maintenance of drainage facilities or
watercourses originating and completely on private property is the
responsibility of the owner to the point of open discharge at the property line
or at a communal watercourse within the property.
(13) No person shall block, divert, disturb,
impede the flow of, alter or construct any structure or deposit any material or
thing or commit any act which will affect normal or flood flow in any communal
stream or watercourse without having obtained prior approval from the borough
and the New Jersey Department of Environmental Protection, Division of Water
Resources.
(14) Rights-of-way or easements, having a
minimum width of 20 feet, shall be provided for all drainage facilities and
watercourses which are proposed for acceptance by the borough or other official
agency.
(15) Each person who makes any surface changes
shall be required to:
(a) Collect on-site surface runoff and
dispose of it into the common natural watercourse of the drainage area.
(b) Handle existing off-site runoff through
his development by designing the stormwater system to
adequately handle storm runoff from a fully developed area upstream.
ARTICLE V, Provisions Applicable to Both Site Plans
and Subdivisions
304-28. Improvement guaranties. [Amended
A. Before recording of final subdivision plats or as a condition
of site plan approval or as a condition to the issuance of a zoning permit
pursuant to Subsection d of Section 52 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-65), the approving authority may require and shall accept in accordance
with the standards adopted by ordinance for the purpose of assuring the
installation and maintenance of on-tract improvements:
(1) The furnishing of a performance guaranty
in favor of the municipality in an amount not to exceed 120% of the cost of
installation, which cost shall be determined by the Municipal Engineer
according to the method of calculation set forth in Section 15 of P.L.1991, c.
256 (N.J.S.A. 40:55D-53.4), for improvements which the approving authority may
deem necessary or appropriate including: streets, grading, pavement, gutters,
curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown
on the final map and required by the Map Filing Law, P.L. 1960, c. 141
(N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary
sewers or other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space and, in
the case of site plans only, other on-site improvements and landscaping. The
Municipal Engineer shall prepare an itemized cost estimate of the improvements
covered by the performance guaranty, which itemized cost estimate shall be
appended to each performance guaranty posted by the obligor.
(2) Provision for a maintenance guaranty to
be posted with the governing body for a period not to exceed two years after
final acceptance of the improvement in an amount not to exceed 15% of the cost
of the improvement, which cost shall be determined by the Municipal Engineer
according to the method of calculation set forth in Section 15 of P.L.1991, c.
256 (N.J.S.A. 40:55D-53.4). In the event that other governmental agencies or
public utilities automatically will own the utilities to be installed or the
improvements are covered by a performance or maintenance guaranty to another
governmental agency, no performance or maintenance guaranty, as the case may
be, shall be required by the municipality for such utilities or improvements.
B. The time allowed for installation of the improvements for
which the performance guaranty has been provided may be extended by the
governing body by resolution. As a condition or as part of any such extension,
the amount of any performance guaranty shall be increased or reduced, as the
case may be, to an amount not to exceed 120% of the cost of the installation,
which cost shall be determined by the Municipal Engineer according to the
method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A.
40:55D-53.4) as of the time of the passage of the resolution.
C. If the required improvements are not completed or corrected
in accordance with the performance guaranty, the obligor and surety, if any,
shall be liable thereon to the municipality for the reasonable cost of the
improvements not completed or corrected and the municipality may either prior
to or after the receipt of the proceeds thereof complete such improvements.
Such completion or correction of improvements shall be subject to the public
bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A.
40A:11-1 et seq.).
D. Incomplete improvements.
(1) Upon substantial completion of all
required street improvements (except for the top course) and appurtenant
utility improvements, and the connection of same to the public system, the
obligor 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 guaranty pursuant to Subsection A 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. Thereupon the Municipal Engineer shall inspect all improvements
covered by obligor's request and shall file a detailed list and report, in
writing, with the governing body, and shall simultaneously send a copy thereof
to the obligor not later than 45 days after receipt of the obligor's request.
(2) 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
guaranty relating to the completed and satisfactory improvement, in accordance,
with the itemized cost estimate prepared by the Municipal Engineer and appended
to the performance guaranty pursuant to Subsection A of this section.
E. Approval or rejection of improvements.
(1) 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 cause for rejection, and shall approve and
authorize the amount of reduction to be made in the performance guaranty
relating to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guaranty pursuant to Subsection A of this section. This resolution shall be
adopted not later than 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
guaranty, with respect to those approved improvements except for that portion
adequately sufficient to secure completion or correction of the improvements
not yet approved, provided that 30% of the amount of the performance guaranty
posted may be retained to ensure completion and acceptability of all
improvements.
(2) Failure to act.
(a) If the Municipal Engineer fails to send
or provide the list and report as requested by the obligor pursuant to
Subsection D of this section within 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.
(b) 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 guaranty for the complete and
satisfactory improvements within 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
guaranty for the approvable complete and satisfactory improvements in
accordance with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guaranty pursuant to Subsection A of this section,
and the cost of applying to the court, including reasonable attorney's fees,
may be awarded to the prevailing party.
(3) In the event that the obligor has made a
cash deposit with the municipality or approving authority as part of the
performance guaranty, then any partial reduction granted in the performance
guaranty 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 guaranty.
F. 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 $500 or 5% of the cost of
improvements, which cost shall be determined pursuant to Section 15 of P.L.
1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments for which the
reasonably anticipated fees are less than $10,000, fees may, at the option of
the developer, be paid in two installments. The initial amount deposited by a
developer shall be 50% of the reasonably anticipated fees. When the balance on
deposit drops to 10% 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 50% of the
anticipated inspection fees. For those developments for which the reasonably
anticipated fees are $10,000 or greater, fees may, at the option of the
developer, be paid in four installments. The initial amount deposited by a
developer shall be 25% of the reasonably anticipated fees. When the balance on
deposit drops to 10% 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 make additional deposits of 25% 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.
I. In the event that final approval is by stages or sections
of development pursuant to Subsection a of Section 29
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall
be applied by stage or section.
J. To the extent that any of the improvements have been
dedicated to the municipality on the subdivision plat or site plan, the
municipal governing body shall be deemed, upon the release of any performance
guaranty required pursuant to Subsection A of this section, to accept
dedication for public use of streets or roads and any other improvements made
thereon according to site plans and subdivision plats approved by the approving
authority, provided that such improvements have been inspected and have
received final approval by the Municipal Engineer.
304-29. Off-tract improvements.
A. Required. Developers shall be required, as a condition for
approval of a subdivision or site plan, to pay their pro-rata share of the cost
of providing reasonable and necessary street improvements and water, sewerage
and drainage facilities, and easements therefor,
located outside the property limits of the subdivision but necessitated or
required by construction or improvements within the subdivision. The following
criteria shall be utilized in determining a developers
proportionate or pro-rata share of necessary off-tract improvements.
B. Improvements to be constructed at the sole expense of the
developer. In cases where the reasonable and necessary need for an off-tract
improvement or improvements is necessitated or required by the proposed
development application and where no other property owners receive a special
benefit thereby, the applicant may be required, as a condition of approval, at
the applicant's sole expense, to provide for and construct such improvements as
if such were an on-tract improvement in the manner provided hereafter and
otherwise provided by law.
C. Other improvements. In cases where the need for any off-tract
improvements is necessitated by the proposed development application and where
it is determined that properties outside of the development will also be
benefited by the improvement, the following criteria shall be utilized in
determining the proportionate share of such improvements to the developer:
(1) Sanitary sewers. Distribution facilities,
including the installation, relocation or replacement of collector, trunk and
interceptor sewers, and the installation, relocation or replacement of other
appurtenances associated therewith, the applicant's proportionate share shall
be computed as follows:
(a) The capacity and the design of the
sanitary sewer system shall be based on Rules and Regulations for the
Preparation and Submission of Plans for Sewerage Systems, New Jersey Department
of Environmental Protection and all Matawan Borough Sewer Design standards,
including infiltration standards, and all other borough stormwater
drain standards.
(b) Capacity of existing system.
[1] The capacity of the existing system to
service the entire improved drainage area shall be computed. If the system is
able to carry the total developed drainage basin, no improvement or enlargement
cost will be assigned to the developer.
[a] If the
existing system does not have adequate capacity for the total developed
drainage basin, the prorated enlargement or improvement share shall be computed
as follows:
Total enlargement Total tributary gallons
or improved cost per
day
__________________ = ___________________
Developer's cost Development
gallons
per day
[b] If it is necessary to construct a new
system in order to develop the subdivision, the prorated enlargement share to
the developer shall be computed as follows:
Total tributary gallons
Total project cost
per day to new system
__________________ = ____________________
Developer's cost
Development tributary
gallons per day
[2] The plans for the improved system or
extended system shall be prepared by developer's engineer. All work shall be
calculated by the developer and approved by the Borough Engineer.
(2) Roadways. For street widening, alignment,
channelization of intersections, construction of
barriers, new or improved traffic signalization, signs, curbs, sidewalks,
trees, utility improvement uncovered elsewhere, the construction or
reconstruction of new or existing streets and other associated streets or
traffic improvements, the applicant's proportionate cost shall be as follows:
(a) The Borough Engineer shall provide the
applicant's engineer with the existing and anticipated peak hour flows for the
off-tract improvement.
(b) The applicant shall furnish a plan for
the proposed off-tract improvement which shall include the estimated peak hour
traffic generated by the proposed development. The ratio of the peak hour
traffic generated by the proposed development to the future peak hour traffic
shall form the basis of the proportionate share. The prorated share shall be
computed as follows:
Total cost of the roadway
improvement and/or
extension Future peak hour traffic
___________________________ = _____________________
Developer's
cost Future peak
hour traffic
generated by the
developer
(3) Drainage improvements. For stormwater and drainage improvements, including the
installation, relocation or replacement of storm drains, culverts, catch
basins, manholes, rip-rap or improved drainage ditches and appurtenances
thereto and relocation or replacement of other storm drainage facilities or appurtenances
associated therewith, the applicant's proportionate share shall be determined
as follows:
(a) The capacity and the design of the
drainage system to accommodate stormwater runoff
shall be based on a method described in Urban Hydrology for Small Watershed
Technical Release 55, Soil Conservation Service United States Department of
Agriculture, January 1975, as amended, computed by the developer's engineer and
approved by the Borough Engineer.
(b) 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 Borough Engineer. The plans for
the improved system shall be prepared by the developer's engineer, and the
estimated cost of the enlarged system calculated by the Borough Engineer. The
prorated share for the proposed improvement shall be computed as follows:
Total enlargement or
improvement cost of Total tributary cubic
drainage facilities
feet per second
______________________ = _____________________
Developer's cost
Development cubic feet
per second
D. Escrow accounts. Where the proposed off-tract improvement is
to be undertaken at some future date, the moneys required for the improvement
shall be deposited 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 10 years of deposit, all moneys and interest shall be returned
to the applicant.
E. Computation of pro-rata share. In any case in which an
applicant shall not provide the approving authority with the estimates of a
traffic consultant and/or consulting engineer with regard to estimated
improvement costs and all other information necessary to proportion costs, the
approving authority may rely on the estimates of the Borough Engineer.
ARTICLE VI, Performance and
Design Standards
304-30. Applicability of regulations. [Amended
A. No building shall hereafter be erected nor shall any existing
building be moved, structurally altered, rebuilt, added to or enlarged, nor
shall any land be designed or used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter and
meeting the requirements set forth in Schedule A made a part of this chapter.
B. Nor shall any open space contiguous to any building be
encroached upon or reduced in any manner, except in conformity to the yard, lot
area, building, location, percentage of lot coverage, off-street parking
requirements and such other regulations designated in Schedule A and in this
chapter for the zone district in which such building or space is located. In
the event of any such unlawful encroachment or reduction, such building shall
be deemed to be in violation of this chapter, and the certificate of occupancy
shall become void.
C. Expansion of residential uses. A nonconforming residential
use or structure may be expanded to provide additional living space, provided
that the expansion does not increase the maximum number of dwelling units
permitted in the zone and does not infringe further upon any nonconforming
side, front or rear yard. However, no additional building exteriors shall be closer
than five feet to any side lot line.
304-31. Accessory buildings.
A. An accessory building attached to a principal building shall
comply in all respects with the yard requirements of this chapter for the
principal building. Detached accessory buildings shall be located to the rear
of the front building line of the principal building and, if located in a side
yard area, shall conform to the yard requirements of the zone district in which
it is located.
B. For the purpose of regulating the locations of accessory
buildings on corner lots, and on lots extending through between two parallel
streets, all portions of a corner lot or a through lot which fronts on a public
street shall be subject to the front yard requirements of the zone district in
which the corner lot or through lot is located.
304-32. Frontage on a public street.
Every principal building shall be built upon
a lot with frontage upon a street, and the frontage shall not be less than
required by this chapter, as measured along the building setback line and
street right-of-way line.
304-33. Yards and yard measurement.
A. Yards facing public streets. 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 it is located.
B. Corner lots. Corner lots shall provide the minimum front yard
requirements for the prospective zone for both intersection streets for both
principal and accessory buildings.
C. Yards facing on proposed right-of-way widening. Where a
building lot has frontage on a street which the Master Plan or the Official Map
of the borough indicates is proposed for right-of-way widening, the required
front yard area shall be measured from such proposed right-of-way line.
D. Fire escapes in yards. Open fireproof fire escapes or
stairways may project not more than eight feet into any side or rear yard.
E. Storage in front yards. No front yard shall be used for open
storage of boats, vehicles or any other equipment except for permitted
vehicular off-street parking or vehicular parking on driveways. All open
storage areas shall be properly landscaped.
F. Front yard depth. The depth of a front yard shall be
measured between the street line established by the intended ultimate
right-of-way of the street(s) on which the lot fronts and the nearest point of
the principal building on the lot. The depth of a front yard shall be measured
perpendicular to the street line.
G. Side yard. A side yard shall be measured parallel to the
street line, and the dimension of a side yard shall be the distance between the
side lot line and the nearest point of the building or structure for which the
side yard is being measured to that side lot line.
H. Rear yard. A rear yard shall be measured perpendicular to the
street line, and the dimension of a rear yard shall be the distance between the
rear lot line and the nearest point of the building or structure for which the
rear yard is being measured to the rear lot line.
304-34. Obstruction of vision at intersection.
At an intersection there shall be no
obstruction of vision between a height of two feet and 10 feet above the
center-line grade of the street within the triangle defined by the first 75
feet of each of the intersection street lines for local streets. The distance
shall be increased to 100 feet if either of the streets is a collector street
or increased to 150 feet if either of the streets is an arterial street. Such
triangles shall be graded as necessary and kept clear of any building, planting
or other obstruction.
304-35. Preservation of natural features.
A. Earth removal and topsoil. No topsoil shall be removed from
the site or used as spoil unless approved by the Borough Engineer. If soil is
removed from the borough, approval from the Borough Council is mandatory. At
least six inches of topsoil shall be provided within 25 feet of the structure
or paved areas and appropriately landscaped. All nonhard-surfaced
areas of the lot or those portions without structures shall be stabilized by
seeding or planting to prevent soil erosion. Areas where vegetation has been
removed or the surface has been disturbed and which constitute a potential soil
erosion problem shall be appropriately stabilized to the satisfaction of the
Borough Engineer.
B. Changes in elevation. No change shall be made in the
elevation or contour of any lot or site by the removal of earth to another lot
or site other than as shown on an approved preliminary plat. Minimal changes in
elevations or contours necessitated by field conditions may be made only after
approval by the Borough Engineer. All changes necessitated by field conditions
shall be shown on the final plat and indicated as a change from the
preliminary, or if final approval has been granted, the changes shall be shown
on the as-built plans.
C. Stream setback requirements. No use, other than an
agricultural use of land, otherwise permitted by this chapter, shall be
established upon land or fill having an elevation lower than the highest
elevation of any known floodplain which affects the property, and no building
shall be constructed so as to have any floor level less than one foot above the
highest elevation of any adjacent known floodplain. Additionally, no structure
shall be constructed closer than 100 feet to the bank of any stream as
determined at normal flow, unless the Borough Engineer certifies and indicates
a lesser requirement is permissible based upon hydraulic and topographic
considerations.
D. Retention of natural features. Existing natural features,
such as trees, brooks, drainage channels and views, shall be retained. Wherever
such features interfere with the proposed use of such property, a retention of the maximum amount of such features
consistent with the use of the property shall be required. No construction or
disturbance shall be permitted upon lands with slopes 15% or greater. [Amended
E. Temporary improvements. Prior to or during construction, the
Borough
Engineer may require the
installation or construction of improvements to prevent or correct temporary
conditions on the site which could cause personal injury, damage to property or
constitute a health hazard. These conditions may result from erosion and
landslide, flooding, heavy construction, traffic, creation of steep grades and
pollution. Improvements may include berms, mulching,
sediment traps, detention and retention basins, grading, plantings, retaining
walls, culverts, pipes, guard rails, temporary roads and others appropriate to
the specific condition. All temporary improvements shall remain in place and in
operation until otherwise directed by the Borough Engineer.
304-36. Sewage disposal and water supply.
All buildings or uses shall be served by a
public sanitary sewerage facility, and a public water supply shall be required
wherever practicable. A statement from the appropriate agency controlling
sanitary sewer and public water connections shall be required in any case where
such service is not practicable. In cases where water is supplied by driven
well and/or sanitary sewerage is treated by septic tank installations, such
installations shall conform to the standard requirements of the Borough and
State Boards of Health or other authority having jurisdiction thereof.
304-37. New lots on which there
are existing buildings.
When a new lot is formed as to include within
its boundaries any part of a former lot on which there is an existing building
or use, the subdivision must be carried out in such a manner as will not
infringe upon any provisions of this chapter whether with respect to any
existing structures or use or any proposed structures or use.
304-38. Business displays and vending machines.
Business structures or uses shall not display
goods for sale purposes or coin-operated vending machines of any type in any
location which would infringe upon the required front yard areas specified in
this chapter.
304-39. Parking commercial vehicles in residential
zones.
In any residential zone within Matawan
Borough, no commercial vehicle weighing more than 8,000 pounds shall be parked
out-of-doors overnight. Not more than one commercial vehicle, weighing 8,000
pounds or less, shall be permitted to be parked overnight in conjunction with a
residential property in a residential zone.
304-40. Exposed storage of inoperable autos or junk
materials. [Added
The exposed storage of inoperable autos or
junk materials shall be prohibited in all zones, excepting where gasoline or
other motor fuel service stations or garages are permitted as a conditional
use, in which case, the amount of exposed storage of inoperable autos shall be
determined by the Planning Board on a case-by-case basis.
304-41. Buffer strips. [Amended 2-18-1992 by Ord.
No. 92-1]
A. Required. When any business, commercial, industrial or
institutional buildings or uses, including but not limited to off-street
parking areas, occupy a lot in any district as permitted by this chapter and
such lot abuts upon a residential district or use, that portion specified hereinbelow of the yard or yards immediately adjacent to,
and along the entire length of such lot adjoining the residence district or
use, shall be considered a buffer strip, which buffer strip shall be regulated
as follows, provided that nothing in this section shall prevent the
reconstruction, repair or rebuilding without the enlargement of any
nonconforming building existing at the effective date of this chapter.
B. Location. The buffer strip shall be located within the
required yard area of the property used for nonresidential purposes, and the
structures and planting required by this section shall be provided and properly
maintained by the owner of the nonresidential property. No part of any buffer
strip shall be occupied by a sign or by any structure or use, except as is
specifically permitted in this article.
C. Type. If the buffer strip area is substantially screened by
natural trees and growth, the same shall be left in its natural state. If the
area is not substantially screened in its natural state, it shall be planted
with shrubs and trees as specified in § 304-3 so as to provide an adequate
screen from the residential properties. Any portion of a buffer strip not
planted with shrubbery or trees shall be graded and planted with grass seed,
sod, rocks or mulch and be attractively maintained and kept free of all debris
and rubbish.
D. Height.
(1) For planted buffer strips or buffer
strips with natural landscape screens, the landscape screen shall consist of
massed evergreen and deciduous trees and shrubs of such species and size as
will produce, within two growing seasons, a screen at least six feet in height
and of such density as will effectively and substantially obscure the light of
automobiles' headlamps emitted from the premises.
(2) Adjacent to parking areas, the required
height of the landscape screen shall be measured in relation to the elevation
of the edge of such parking area. In the event that the ground elevation of the
location at which the screen is to be planted is less than that of the edge of
the adjacent parking area, the required height of screen shall be increased in
an amount equal to this difference in elevation. In the event that the ground
elevation of the location at which the screen is to be planted is greater than
that of the edge of the adjacent parking area, the required height of the
screen may be reduced in an amount equal to the difference in elevation,
provided that in no case shall a required height be reduced to less than two
feet.
E. Width. The minimum width of buffer strips shall be as
follows:
(1) General business districts: at least
eight feet wide.
(2) Special business districts: at least 15
feet wide.
(3) Highway improvement districts subject to 304-70:
at least 10 feet wide.
(4) Any industrial district: at least 25 feet
wide.
(5) Any school: at least 10 feet wide.
(6) Hospitals: at least 15 feet width, plus
five additional feet width for each ten-foot interval or fraction thereof of
the height of the principal building exceeding 35 feet.
F. Walls or fences. A freestanding wall or a fence which shall
be not more than four feet in height in all nonresidential districts, except as
specified in the HI district, may be erected on either side of a buffer strip.
In residential districts, a freestanding fence, not exceeding six feet in
height, shall be erected along the property boundary adjacent to any active
recreation area of any school.
G. Off-street parking areas. In the case of off-street parking
areas, whether on separate lots or within the yard of the building to which
such parking areas are appurtenant, a solid wall or a substantial, tight, neat
fence, four feet in height above the grade of the land in the abutting
residence district, shall be constructed along the entire length of the buffer
strip. Such wall or fence may be located within the buffer strip but shall be
distant at least five feet from the abutting residence district. In addition,
for the uses specified in this subsection, the planting specified in Subsection
C of this section shall be located in the buffer strip on the residential side
of such wall or fence. This requirement shall not preclude planting on the
nonresidential portion of the buffer.
H. Waivers for public recreation areas. When the buffer strip is
sufficiently wide and is reserved by agreement, approved by the Planning Board
and the Borough Attorney, subjecting its control to the borough for public
recreation purposes, the Planning Board or Board of Adjustment,EN as the case may be, may waive the required screen
planting in the portion of the buffer strip so reserved.
I. Waivers due to hardships. When there are exceptional
hardships in the way of carrying out the strict letter of the provisions of
this section, the Planning Board or Board of AdjustmentEN,
as the case may be, may, after public notice and hearing, waive or vary the
foregoing requirements, subject to such conditions as it may prescribe in the
public interest.
J. 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.
K. Disclaimer. The requirements in this section shall apply to
all districts, except as specifically provided in the highway improvement
district.
304-42. Walls and fences.
[Amended
A. Maximum height. Except as otherwise provided for buffer
strips in 304-41 above, a wall or fence, which shall not be more than 48 inches
in height, may be erected within any required yard or court.
B. Retaining walls. A retaining wall, when approved by the
Construction Official, may be taller than 48 inches, but such retaining wall
shall not extend in height for more than one foot above the natural or approved
finished grade at its top, unless proper surface drainage requires a greater
height. Such requirement shall be determined by the Borough Engineer.
C. Permit required. Any fence or wall taller than 48 inches
shall be subject to the Construction Official's issuance of a zoning permit or
his approving notation upon a previously issued and still valid zoning permit
for the premises.
D. Prohibited fences. The following fences and fencing materials
are prohibited:
(1) Barbed wire.
(2) Fabric.
(3) Electrically-charged wire.
(4) Broken glass surmounting a fence.
E. Farm and temporary fences excepted. Farm fencing and walls, temporary snow fencing and
other types of temporary fencing (not to stand more than one year) are excepted from the foregoing regulations.
F. Maintenance. Every fence shall be maintained in a safe,
sound, upright condition and shall be erected with the framework or supporting
structure facing the inside of the lot. If the Construction Official determines
that any fence or portion of any fence is not being maintained in a safe,
sound, upright condition, he shall notify the owner of such fence in writing of
his findings and order such fence or portion thereof repaired or removed within
30 days of the date of the written notice.
304-43. Off-street parking and loading; driveways. [Amended
A. Off-street parking. In all zones in connection with every
industrial, business, institutional, recreational, residential
or any other use, there shall be provided, at the time any building or
structure is erected or is enlarged or increased in capacity, off-street
parking for automotive and other vehicles in accordance with the requirements
set forth herein. Such facilities shall be completed prior to the issuance of a
certificate of occupancy. Applicant shall also meet the requirements of P.L. 1975
c. 221,EN requiring parking spaces for the
handicapped.
B. Parking area design standards.
(1) Size of stalls. Each off-street parking
space shall have an area of not less than 162 square feet, exclusive of access
drives or aisles, and shall measure nine feet in width by 18 feet in length.
These conditions shall not apply to parallel curb parking spaces, which shall
measure not less than eight feet in width and 24 feet in length, and spaces for
the physically handicapped, which shall measure not less than 12 feet in width
and 20 feet in length.
(2) Number of spaces. The number of
off-street parking spaces required shall be as set forth in the following
table, in accordance with the indicated standards for the minimum space
requirements for particular uses:
Use Minimum
Space Requirement
Automobile sales At
least 1 space per employee,
establishments plus 1 space for every
200
square feet of the areas devoted
to retailing
Bank and savings 1
space for each 300 square feet
institutions of
gross floor area
Barber and beauty shops 2
spaces per chair, plus 1
additional space for each
employee
Bowling lanes 4
spaces for each lane
Churches, synagogues 1
for each 3 seats, or 1 for each
or other places of
worship 72
inches of seating space when
benches rather than seats are
used
Community buildings, 1
for each 2 seats, except where
social halls and places a specific amount of seating is
of
public assembly undetermined, then 1
space shall be required for each 75 square
feet of assemblage area
Educational institutions, At
least 1 space for each
public or private employee,
including teachers and
administrators; sufficient
off-street parking space for the
safe and convenient loading and
unloading
of students; additional
use shall be in addition to these requirements.
Eleemosynary or At
least 1 space for each 2
philanthropic institutions employees, plus such additional
facilities for
residents and visitors as shall be deemed necessary.
Flower or plant nurseries 1
per employee, plus 1 per each
200
square feet of retail area
exclusive of areas devoted
exclusively to storage
Funeral homes, mortuaries 10
spaces, plus 1 space for each
50
square feet of gross floor
area
Hospitals At
least 1 space for each 2
patient beds, excluding
bassinets, plus 1 additional
space for each medical staff
member or visiting doctor, based
on the average number of such
persons serving the hospital,
plus 1 additional space for each
2
employees, including nurses
Hotels At least 1 space for each
employee on the maximum work
shift, plus 1 space for each
sleeping room, whichever is
greater
Industrial or 1
space for each 300 square feet
manufacturing establishments of
gross floor area exclusive of
storage space
Laboratory and research uses 1 space for every 400 square feet
of gross floor area
Laundromats 1
space for every 2 washing
machines
Medical or dental clinics 1
space for each 200 square feet
or offices gross
floor area
Motels, auto courts, 1
space for each rental unit and,
motor lodges in
addition, compliance with the
requirements for each particular
additional use located on the
property, such as restaurants,
eating and drinking
establishments, retail stores and
meeting rooms
Nursing homes 1˝
spaces for each bed or 1
space for each room, whichever is
greater, plus 1 space for each
employee
Offices, general and 1
for each 250 square feet of
professional (other
than gross floor area
medical and dental)
Railroad or bus stations At
least 1 space for each 100
square feet of waiting room
space, including concession and
dining areas
Recreation establishments, At least 1 space for each 100
commercial (other
than square feet of nonstorage
theaters or bowling) gross
floor area
establishments,
auditoriums
or stadiums
Residential dwellings:
One- and two-family 2 parking spaces
for each
dwelling unit. In addition, all
new residential homes shall
contain a garage for the parking
of at least one automobile.
Garden apartments At
least 2 spaces for each
dwelling unit
Restaurants 1
for each 2˝ seats
Retail stores, store
groups, 1 for each 150 square feet of
shops, etc. gross floor area where the floor
area does not exceed 2,000 square
feet; 1 for each 175 square feet
of gross floor area where the
floor area exceeds 2,000 square
feet
Swimming pools and clubs 1
space for each 30 square feet
of pool area
Tennis courts 6
for each court
Theaters 1
for each 3 seats
Wholesale establishments, 1
for each 500 square feet of
warehouses, furniture
stores floor area
(3) Off-street parking requirements for a
combination of uses. The parking requirement for each use shall be computed
separately and then added together to compute the total number of required
parking areas. In all questionable or doubtful cases, or for uses not
enumerated, the Planning Board shall determine the required number of spaces,
utilizing as a standard the requirements for the uses which are specifically
enumerated.
(4) Access. There shall be adequate provision
for ingress and egress to all parking spaces. The width of access drives or
driveways shall be determined as part of site plan review depending on use,
topography and similar considerations.
(5) Size of aisles. The width of all aisles
providing direct access to individual parking stalls shall be in accordance
with the requirements set forth below. Only one-way traffic shall be permitted
in aisles serving single-row parking spaces placed at an angle other than 90°.
Aisle
Width
Degrees (feet)
0
(parallel) 12
30 12
45 13
60 18
90 (perpendicular)
25
(6) Location. No off-street parking or
loading area shall be located in a minimum required front yard, except as
provided in 304-7D(1).
(7) Sidewalks and curbing. Sidewalks between
parking areas and principal structures, along aisles and driveways and wherever
pedestrian traffic shall occur, shall be provided with a minimum width of four
feet of passable area and shall be raised six inches or more above the parking
area, except when crossing streets or driveways. Guardrails and wheel stops
permanently anchored to the ground shall be provided in appropriate locations.
Parked vehicles shall not overhang or extend over sidewalk areas, unless an
additional sidewalk width of 2˝ feet is provided to accommodate such overhang.
C. Off-street loading. The minimum requirements for off-street
loading space shall be as follows:
(1) Industrial and wholesale operations with
a gross floor area of less than 10,000 square feet shall be sufficient to permit
the transfer of goods and products in an area other than the public streets,
employee and customer parking areas or access driveways.
(2) Industrial and wholesale operations with
a gross floor area of 10,000 square feet or over shall provide one space for
each 10,000 square feet.
(3) Office buildings or hotels with a gross
usable floor area of 100,000 square feet or more devoted to such purposes shall
provide one loading berth for every 100,000 square feet of floor area.
(4) Retail operation, and all first floor
nonresidential uses, with a gross floor area of more than 3,000 square feet and
less than 20,000 square feet and all wholesale and light industrial operations
with a gross floor area of less than 10,000 square feet shall provide one
loading space.
(5) Retail operation, including restaurant
and dining facilities within hotels and office buildings, with a gross usable
floor area of 20,000 square feet or more devoted to such purpose shall provide
one loading berth for every 20,000 square feet of floor area.
304-44. Signs. [Amended
A. All signs within the borough shall be erected, constructed or
maintained in accordance with the provisions of this section. No existing sign
shall be enlarged, rebuilt, structurally altered or relocated except in
accordance with the provisions of this chapter and until a permit has been
issued by the Construction Official. The issuance of a permit shall not relieve
the owner or lessee of the premises from the duty of maintaining such structures
safely. No sign of any description shall be installed, erected, constructed or
maintained in such manner as to obstruct any fire escape or any window or door,
nor shall any sign be attached in any manner to a fire escape. Every sign
constructed or maintained shall be plainly marked with the name of the person,
firm or corporation erecting or maintaining such sign.
B. Traffic safety. No signs shall be erected in the borough
that:
(1) Obstruct the sight distance at an
intersection along a public right-of-way.
(2) Would tend by its location, color, shape,
message or nature to be confused with or obstruct the view of traffic signs or
traffic signals by motorists or pedestrians. No red, green or yellow
illuminated sign shall be permitted within 300 feet of any traffic signal.
(3) Use admonitions, such as
"Stop," "Go," "Slow," "Danger," etc.
which might be confused with traffic directional signs.
(4) No sign, other than official traffic
control devices or street signs, shall be erected within, or encroach upon, the
right-of-way lines of any street unless specifically authorized by other
ordinances or regulations of the borough.
C. Fire, safety, light and air. No sign shall be erected or
constructed that will violate any of the borough regulations as to health,
required light, safety or air, as defined in the Building Code of the borough.
D. Maintenance. Whenever a sign becomes structurally unsafe or
endangers the public safety, the Construction Official shall order that such
sign be made safe or removed. Such order shall be complied with within 10 days
of the receipt thereof by the person, firm or corporation owning or using the
sign, or the owner of the building or premises on which the sign is located, or
the owner of the building or premises on which unsafe sign is affixed or
erected. Failure to obey such orders shall be a violation of this chapter.
E. Shielding of signs. Any sign in a nonresidential district
that is located within 100 feet of any residential district, measured along the
street frontage on the same street or directly across a street, shall not
contain flashers, animators or mechanical movement or contrivances of any kind,
excepting clocks.
F. Illumination. Illumination devices, such as but not limited
to flood- or spotlights, shall be so placed and so shielded as to prevent the
rays of illumination thereof from being cast into neighboring dwellings and
approaching vehicles.
G. Signs over pedestrian walks. No portion of any sign shall be
located within or suspended over a pedestrian walk within a ten-foot clearance.
H. Computing sign area. The area of a permitted sign shall be
determined by multiplying the greatest horizontal dimension by the greatest
vertical dimension, including the background structure or other decoration or
addition which is an integral part of the sign. Sign supports shall be excluded
in determining the area of a sign.
I. Historical site or monument. No sign shall be permitted
within 100 feet of the property line of any historical site or monument.
J. Setback from residential district. Signs shall be set back
not less than 10 feet from the district boundary line of any residential
district and shall be screened from the adjoining residential district by
shrubbery, a wall or other suitable device.
K. Nonconforming signs. Any sign, billboard, signboard or
advertising device existing at the time of the passage of this chapter that
does not conform in use, location, height or size with the regulations of the
district in which such sign is located shall be considered a nonconforming use
and may continue in such use in its present location until replacement or
rebuilding becomes necessary, at which time a permit will be required and the
sign brought into conformity with this chapter.
L. Movable signs. No sign or device in the nature of an
advertisement or announcement so constructed as to be movable, or which shall
be placed on a standard sitting upon the ground, shall be placed or permitted
to remain on any part of any street, sidewalk, parkway, curb or other public
place.
M. Administration, filing procedure.
(1) Administration. The Construction Official
shall only issue a permit for the erection or construction of a sign which
meets the requirements of this section. Any aggrieved person may appeal the
decision of the Construction Official by filing such appeal with the Board of
Adjustment.
(2) Filing procedure. Application for permits
to erect, stand or place a sign shall be submitted on forms obtainable from the
Construction Official. Each application shall be accompanied by plans showing
the area of the sign, size and character, method of illumination (if any), the
exact location proposed for such sign, and, in the case of a projecting sign,
the proposed method of fastening such sign to the building structure, the vertical
distance between such sign and the finished grade and the horizontal distance
between such sign and the curb and also between such sign and the right-of-way
line.
(3) Additional information. Each applicant
shall upon the request of the Construction Official submit any additional
information deemed necessary by the Construction Official.
N. Signs which do not require a permit. The following signs may
be erected, constructed, placed and maintained without a permit from the
Construction Official:
(1) Any sign not exceeding three square feet
in area. Such sign, if illuminated, shall be of an enclosed lamp design, nonflashing and containing no color illumination. Such
sign, if not attached to a building, shall be set back at least five feet from
the nearest road right-of-way line. Reflector type signs may also be used. All
such signs shall be designed so as not to shine or reflect light upon adjacent
residential dwellings. Not more than one such sign shall be erected for each
permitted use or dwelling unit.
(2) Any temporary real estate sign. Such sign
shall not be illuminated nor exceed 12 square feet.
(3) Any incidental sign advertising the sale
of farm produce grown or produced on the premises in any zoning district
wherein an agricultural use is permitted, provided that such sign shall not
exceed 12 square feet in area and shall be at least 100 feet from the nearest
intersection of a street, road or highway, and at least five feet from the
nearest property line. Such sign shall not be illuminated.
(4) Any temporary construction site sign
erected on the site during the period of construction to announce the name of
the owner or developer, contractor, architect, landscape architect or engineer.
Such signs shall not be illuminated.
(5) Any temporary sign of mechanics, painters
and other artisans, provided that such signs shall be erected only on the
property where such work is being performed, does not exceed 12 square feet and
shall be removed promptly upon completion of the work.
(6) Signs incident to the legal process of
law and necessary to the public welfare.
(7) Customary warning, trespassing and posted
signs or sign indicating the private nature of a driveway or property, provided
that the size of the sign does not exceed three square feet.
(8) Directional or informational signs of a
public or semipublic nature, not exceeding eight square feet in area. Not more
than one such sign shall be placed on each property unless such property fronts
on more than one street, in which case one such sign may be erected on each
street frontage. Such signs shall only be used for the purpose of stating or
calling attention to:
(a) The name or location of a hospital,
community center, public or private school, church, synagogue or other place of
worship.
(b) The name or place of meeting of an
official or civic body, such as a chamber of commerce or service club.
(c) An event of public interest, such as
public or general election; church or public meeting; local, county and state
fair; volunteer fire department fair; and other similar community activities
and campaigns.
(d) Soil conservation, 4-H and similar
projects.
(9) Signs or displays on or within store
windows relating to the business conducted within.
O. Signs which require permits. No sign, except those listed in
Subsection N of this section, shall be erected, placed, maintained or
structurally altered without a permit from the Construction Official.
P. Temporary signs. Except for temporary real estate signs, a
temporary sign shall not remain in place for a period exceeding six months. A
temporary sign shall be removed by the person, firm or corporation owning such
signs or structure or by the owner of the buildings or premises on which such
sign is affixed or erected within 10 calendar days following expiration of the
time allowed for maintenance of said sign.
Q. Signs in residential districts. The following types of signs
shall be permitted in all residential districts.
(1) Signs specified in Subsection N of this
section.
(2) Signs advertising the sale or development
of the premises when erected in connection with the development of the premises
by a builder, developer, contractor or other person interested in such sale or
development as per Subsection N(4), provided that:
(a) The size of such sign is not in excess of
32 square feet.
(b) The sign shall be 25 feet from a street
or property line.
(c) Not more than one such sign shall be
placed on any property unless the property fronts on more than one street in
which event not more than one may be erected on each street frontage.
(d) The sign is removed when a certificate of
occupancy is issued for the last dwelling unit.
(3) Signs identifying home occupations or the
offices of a member of a recognized profession who is in residence on the lot,
provided that:
(a) The sign is self-illuminating, nonflashing and does not exceed four square feet in area.
(b) Only one such sign per dwelling unit
shall be permitted, except in the case of corner lots where two such signs (one
facing each street) shall be permitted for each dwelling unit.
(c) The information on the sign shall be
limited to the occupant's name, business or profession and house number.
(4) Any freestanding sign permitted in any
residential district shall be placed at a reasonable setback from the street
line so as not to impair the vision of drivers entering or exiting on-site or
off-site driveways or side streets. In addition, such signs shall be located no
closer than 10 feet from the nearest property line.
R. Signs permitted in the business districts. The following
types of signs shall be permitted in general business, special business and
highway improvement districts:
(1) Signs permitted in Subsection N of this
section.
(2) Signs advertising the sale or development
of the premises when erected in connection with the development of premises by
a builder, developer, contractor or other person interested in such sale or
development as per Subsection N(4), provided that:
(a) The size of such sign is not in excess of
32 square feet, and the sign shall be 25 feet from a street or property line.
(b) Not more than one such sign shall be
placed on any property, unless the property fronts on more than one street, in
which event not more than one sign may be erected on each street frontage.
(c) The sign is removed when a certificate
of occupancy is issued for the last tenant or owner.
(3) A sign attached to the main building
advertising a business conducted on the premises shall be subject to the
following regulations:
(a) Such signs shall not exceed two square
feet in area for each one-foot width of building facade which is devoted to the
business and to which it is attached and in no case shall such sign exceed 200
square feet in area on one side.
(b) Such sign shall not project more than 12
inches from the building facade to which it is attached, provided that the
bottom of the sign shall not be closer than 10 feet from the ground level of
the sign.
(c) Such sign shall not have a vertical
dimension in excess of five feet.
(4) Freestanding signs shall be subject to
the following regulations:
(a) Such signs shall not exceed a height of
25 feet measured from the ground level to the topmost portion of the structure;
provided, however, that the height does not exceed the minimum setback as per
Subsection R(4)(c), minus five feet. Supporting frames for all such signs shall
be of permanent materials, such as steel, concrete or masonry.
(b) The area of any freestanding sign shall
not exceed 50 square feet on any one surface.
(c) The minimum setback for freestanding
signs that are at least 10 feet in height shall be the maximum height of the
proposed sign, as measured by the topmost portion of the structure, plus an
additional five feet. No sign shall be closer than five feet from the street
line.
(d) Not more than one freestanding sign per
business premises shall be permitted an any one street
frontage.
(e) Such sign may be interior lighted with nonglaring lights or may be illuminated by shielded
floodlights. No lights of intermittent or flashing type shall be permitted.
(5) Automobile and gasoline service stations
may display the following signs which are deemed customary and necessary to
their respective business:
(a) One freestanding or pylon sign
advertising the name of the station or garage and the principal products sold
on the premises, including any special company or brand name, insignia or
emblem, provided that each such sign shall not exceed 35 square feet in area on
a side and shall be hung within the property line not more than 20 feet above
the ground.
(b) Two temporary signs located inside the
property line along each such street frontage and specifically advertising
special seasonal servicing of automobiles, provided that such sign does not
exceed three feet in height and 2˝ feet in width.
(6) Shopping centers, where permitted only,
may display the following signs:
(a) Each permitted use may have a sign
located on or attached to the principal facade of the use. Such sign shall not
project more than 18 inches beyond the building or structure line and shall not
exceed an area equal to 10% of the front wall area or 50 square feet, whichever
is smaller.
(b) Each shopping center may have one
freestanding or pylon sign for
each
street frontage, provided that such sign shall not exceed 100 square feet in
area on any one side, shall not exceed 30 feet in height, shall not be placed
closer than 25 feet from a side line of the street line and 50 feet from all
other property lines and shall be within the property line of the premises to
which it relates.
(c) Supporting frames for all such signs
shall be of permanent materials, such as steel or concrete.
(d) Freestanding or pylon sign may be
interior lighted with nonglaring lights or may be
illuminated by shielded hood or spot lights. No lights of intermittent or
flashing type shall be permitted.
S. Signs
permitted in the industrial districts. The following types of signs shall be
permitted in the industrial districts:
(1) Signs permitted in Subsection N of this
section.
(2) Signs permitted in Subsection R(2).
(3) A freestanding sign advertising a
permitted use within the district shall be subject to the following
regulations:
(a) Such sign shall not exceed a height of 15
feet measured from the ground line and shall not be erected within 50 feet of a
street, highway or residential district boundary line.
(b) Supporting frames shall be of permanent
materials, such as steel, concrete or masonry.
(c) The area of such sign shall not exceed
100 square feet.
(d) No more than one sign shall be permitted
on any one street frontage.
(e) Such sign may be interior lighted with nonglaring lights or may be illuminated by shielded flood-
or spotlights. No lights of intermittent or flashing type shall be permitted.
(4) A sign attached to a main building shall
be restricted in area to 15% of the wall area or 100 square feet, whichever is
smaller, including windows and doors, of the wall upon which such sign is
attached or affixed.
304-45. Performance requirements.
A. Performance requirements for industrial and light industrial
districts. Uses permitted in the industrial and limited industrial districts
shall conform with the performance requirements listed
below. Upon applying to the Planing Board for site
plan approval pursuant to Article III, Site Plan Review, the
applicant shall furnish such evidence and documentation as may be required by
the Planning Board to establish that the proposed use will comply with the
performance requirements. In the case of a structure being built for future
lease, in whole or in part, the Planning Board may waive this requirement and
direct that a building permit be issued; provided, however, that no certificate
of occupancy shall be issued until the applicant establishes that the proposed
occupant comply with the performance requirements.
B. Noise.
(1) Any noise produced on the premises shall
not be in excess of the standards listed below when measured at any property
line on the lot on which the use is located.
Frequency Band Cycles Sound Pressure Level
(per second) Decibels re 0.0002 dyne/cm2
20 to 75 69
75 to
150 54
300 to
600 41
600 to
1,200 37
1200 to
2,400 34
2400 to
4,800 31
4800 to
10,000 28
(2) If the noise is not smooth and continuous
but is of an impulsive or periodic character, the decibel levels indicated
above shall be reduced by 5%. Noise shall be measured with a sound level meter
meeting the standards of the American National Standards Institute American
Standards Specification for General Purpose Sound Level Meters.
C. Smoke. Any smoke emitted from any source on the lot shall not
be of a density described as No. 1 on the Ringelmann
Chart, as published by the United States Bureau of Mines, or shall comply with
standards promulgated pursuant to state statute, whichever shall be more
stringent.
D. Dust and odors. No visible fly ash and no dust, fumes,
vapors, odors or other forms of air pollution shall be transmitted beyond the
property lines of the lot on which the use is located.
E. Heat or glare. No activity shall be maintained on the lot
which will produce heat or glare beyond any lot line.
F. Vibration. No machinery or operation shall be permitted
which shall cause perceptible earthshaking vibration beyond the property lines
of the lot on which the use is located.
G. Open burning. No open burning shall be permitted except where
it may be allowed by the New Jersey Air Pollution Control Code.
H. Open storage. No open storage or accumulation of junk, solid
wastes or other objectionable materials shall be permitted.
304-46. Interceptors. [Added
A. General.
(1) Required. Interceptors, including grease,
oil and sand interceptors, etc., shall be provided when in the opinion of
either the Borough Engineer, Construction Code Official, Plumbing Official,
Property Maintenance Official or Board of Health, here and after known as
"borough official," necessary for the proper handling of liquid
wastes containing grease, flammable wastes, sand, solids and other ingredients
harmful to the building drainage system, the public sewer or sewage treatment
plant or process.
(2) Design. The size and type of each
interceptor shall be approved by the borough official. No wastes other than
those requiring treatment or separation shall be discharged into any
interceptor.
(3) Approved type. Interceptors shall comply,
in all respects, with the type or model of each size thereof approved by the
borough official.
(4) Separation of liquids. A mixture of light
and heavy liquids having various specific gravities may be treated and then
separated in a receptor as approved by the borough official.
(5) Venting. Interceptors shall be so
designed that they will not become air-bound if tight covers are used. Each
interceptor shall be properly vented if loss of trap seal is possible.
(6) Accessibility. Each interceptor shall be
so installed that it is readily accessible for removal of cover, servicing and
maintenance. Need for use of ladders or moving of bulky objects in order to
service interceptors shall constitute a violation of accessibility.
(7) Maintenance. Interceptors shall be
maintained in efficient operating condition by periodic removal of accumulated
grease, scum, oil or other floating substances and solids deposited in the
interceptor.
(8) Discharge. The waste from oil and sand
interceptors shall discharge into the storm sewer, or as otherwise approved by
the borough official.
B. Grease interceptors.
(1) Food grinders. Food waste grinders shall
not discharge to the building drainage system through a grease interceptor.
(2) Water-cooled interceptors. The
installation of water-cooled grease interceptors shall be prohibited.
(3) Capacity. Grease interceptors, if
installed, shall have a grease retention capacity of not less than two pounds
for each gallon per minute of flow. However, a minimum of a one-hundred-pound
grease interceptor will be required for all establishments when, in the opinion
of the borough official, necessary for the proper handling of liquid wastes
containing grease.
(4) Rate of flow controls. Grease
interceptors shall be equipped with devices to control the rate of water flow
through the interceptors so that it does not exceed the rated flow of the
interceptors.
(5) Not required. A grease interceptor shall
not be required for individual dwelling units or any private living quarters.
C. Oil and flammable liquids interceptor.
(1) Required. All required garages, gasoline
stations with grease racks, grease pits or wash racks, all motor vehicle
laundries and all factories which have oily and/or flammable wastes as a result
of manufacturing, storage, maintenance, repair or testing process shall be
provided with all necessary floor drains, sand interceptors, catch basins and
oil interceptors, properly vented through the roof on the sewer side of the
interceptor. The waste shall not be less than three inches in diameter with a
full size cleanout to grade and the vent pipe not less than two inches. The oil
interceptor shall be provided with an overflow line to a waste oil tank,
Underwriters' Laboratories approved, of adequate size, minimum capacity 550
gallons, and such tank shall be vented with a minimum one-and-one-half-inch
vent terminating in the open air or an approved location at least 12 feet above
grade and with a two-inch pump out opening at grade.
(2) Design.
(a) Oil interceptors shall have a depth of
not less than two feet below the invert of the discharge drain. The outlet
opening of the interceptor shall have not less than an eighteen-inch water
seal.
(b) Motor vehicle garages. On each floor of
garage where not more than three motor vehicles are served and stored,
interceptors shall have a minimum capacity of six cubic feet, and one cubic
foot capacity shall be added for each vehicle up to 10 vehicles. Above 10
vehicles the borough official shall determine the size of the interceptors
required.
(c) Service stations and repair shops. Where
vehicles are serviced only and not stored, interceptor capacity shall be based
on a net capacity of one cubic foot for each 100 square feet of surface to be
drained into the interceptor with a minimum of six cubic feet.
(3) Vapor venting. Oil interceptors shall
have a minimum size two-inch vapor vent extending from the top of the
interceptor and terminating in the open air at an approved location at least 12
feet above grade.
(4) Combination oil-and-sand interceptor. A
combination oil-and-sand interceptor may be installed when the design is
approved in writing by the borough official.
D. Sand interceptors.
(1) Where required.
(a) Wherever a floor drain discharges through
an oil interceptor, it shall first discharge through a sand interceptor.
Multiple floor drains may discharge into one sand interceptor.
(b) When the discharge of a floor drain may
contain solids or semisolids that would be harmful to a drainage system or tend
to obstruct the system, the discharge shall be through a sand interceptor.
(2) Construction and size.
(a) Sand interceptors shall be built of brick
or concrete and be watertight. The interceptor shall have an interior baffle
for the full separation of the interceptor into two sections. The outlet pipe
shall be the same size as the inlet size of the oil interceptor, the minimum
being three inches, and the baffle shall have two openings of the same diameter
as the outlet pipe and at the same invert as the outlet pipe. These openings
shall be staggered so that there cannot be a straight line of flow between any
inlet pipe and the outlet pipe. The invert of the inlet pipes shall be no lower
than the invert of the outlet pipe.
(b) The same interceptor shall have a minimum
dimension of two feet square for the net free opening of the inlet section and
a minimum depth under the invert of the outlet pipe of two feet.
(c) For each five gallons per minute flow or
fraction thereof over 20 gallons per minute, the area of the sand interceptor
inlet sections is to be increased by one square foot. The outlet section shall
at all times have a minimum area of 50% of the inlet section.
(d) The outlet section must be covered by a
solid removable cover set flush with the finished floor, and the inlet section
shall have an open grating set flush with the finished floor and suitable for
the traffic in which it is located.
(3) Separate use. When a sand interceptor is
used by itself without also discharging through an oil interceptor, the outlet
pipe must be turned down inside the interceptor under the water level to
provide a six-inch water seal. A cleanout shall be installed to provide access
to the outlet line.
(4) Alternate design. Alternate designs for
construction or baffling of sand interceptors complying with the intent of this
chapter may be submitted to the borough official for approval.
E. Special use installations.
(1) Laundries. Commercial laundries shall be
equipped with an interceptor having a wire basket or similar device, removable
for cleaning, that will prevent passage into the drainage system of solids ˝
inch or larger in size, string, rags, buttons or other materials detrimental to
the public sewerage system.
(2) Bottling establishments. Bottling plants
shall discharge their process wastes into an interceptor which will provide for
the separation of broken glass or other solids before discharging liquid wastes
into the drainage system.
ARTICLE VII, Permitted Modifications
304-47. Height modifications.
A. The height limitations of this chapter shall not apply to
silos, church spires, belfries, cupolas and domes not used for human occupancy.
B. Chimneys, ventilators, skylights, water tanks, television and
radio antenna and similar features and necessary mechanical appurtenances
usually carried on and above the roof level may exceed the height limitations
of this chapter by not more than 10 feet.
C. The provisions of this chapter shall not apply to prevent the
erection of a parapet wall or cornice for ornament, extending above the height
limits of this chapter by not more than five feet. Public and quasi-public
buildings, schools, churches and other similar permitted uses shall increase
the front, rear and side yards by one foot for each foot by which such
buildings exceed the height limit herein established for such zone in which it
is located.
D. When Federal Aviation Authority or other regulations which
are promulgated to protect the health, safety and welfare and which are more
restrictive than the height limitations of this chapter, such regulations shall
supersede this chapter.
304-48. Topography exceptions for private garages.
Where the topography is such that, as
determined by the Construction Official, access to a private garage built back
of the front building line as required by this chapter is impracticable, it
shall be permissible to place such building, not exceeding 12 feet in height,
within the front yard space but not closer to the side line of the street or
the road than 18 feet.
ARTICLE VIII, Nonconforming Uses and Structures [Amended
304-49. Continuation of use.
A use, building or structure, lawfully in
existence at the effective day of this chapter, which shall be made
nonconforming at the passage of this chapter or any applicable amendment
thereto, may be continued except as otherwise provided in this article.
304-50. Changes.
No existing building or premises devoted to a
nonconforming use shall be enlarged, extended, reconstructed, substituted or
structurally altered except when changed to a conforming use when required to do
so by law or as permitted in 304-56.
304-51. Partial destruction.
Any nonconforming use or structure partially
damaged by fire, casualty or act of God may be repaired, restored,
reconstructed or used as before, provided that the area of such use, building
or structure shall not exceed the area which existed prior to such damage. All
repairs shall be commenced within two years after damage occurs and shall be
completed within four years of such date or such use shall not be rebuilt
except as a conforming use. In the event total destruction occurs, then the
provisions of 304-52 below shall apply.
304-52. Damage beyond repair.
When a nonconforming structure or use is
destroyed or damaged by fire or other casualty or an act of God beyond repair,
the nonconforming structure or use may be rebuilt. The Planning Board shall
approve a site plan for the rebuilding. The new building shall have substantially
the same floor area as the one destroyed. The Planning Board may approve
changes in location on the site if it increases side or front yard dimensions,
reduces nuisance characteristics or assists in carrying out the objectives of
this chapter.
304-53.
Normal maintenance and repair of a
nonconforming structure or use is permitted, provided that it does not extend
or expand the nonconformance.
304-54. Termination.
A nonconforming nonseasonal
use not used for six consecutive months and/or the change of use to a more
restricted or conforming use for any period of time shall be considered a
termination of the nonconforming use, and such nonconforming use shall not
thereafter be reviewed.
304-55. Nonconforming buildings lawfully under
construction.
Any nonconforming structure or use lawfully
under construction on the effective date of this chapter pursuant to plans
filed with the Construction Official, and approved by him and all other
municipal boards and agencies as required under law, may be completed and may
be used for the nonconforming use for which it was designed to the same extent
as if such building has been completed and was in use on the effective date of
this chapter.
304-56. Additional regulations.
See 304-30 for additional regulations
pertaining to nonconforming uses.
ARTICLE IX, Establishment of Zone Districts and
Zoning Map
304-57. Zone districts.
In accordance with the purpose and intent of
this chapter, the Borough of Matawan is hereby divided into the following zone
districts:
Designation Description
R-100 Single-Family Residential District
R-75 Single-Family
Residential District
R-50 I Single-Family
Residential District
R-M Multifamily
Residential District
SC Senior Citizen
Residential District
SB Special
Business District
DPD Downtown
Preservation District
HI Highway
Improvement District
RID Railroad
Improvement District
304-58. Zoning Map.
The boundaries of all zone districts set
forth in this chapter shall be shown on a map bearing date of adoption. The map
shall be filed in the office of the Borough Clerk and shall hereafter be the
Official Zoning Map of the borough. Such map is hereby declared a part of this
chapter and shall be duly certified by the Borough Clerk.
304-59. District boundaries.
A. Conformity to street or lot lines. Except where referenced on
the Official Zoning Map to a street line or other designated line by dimensions
shown on the map, the district boundary lines are intended to follow lot lines,
the center lines of streets or railroad rights-of-way lines or the center of
rivers or streams as they existed at the time of enactment of this chapter, or
extensions of same.
B. Division of lots of single ownership. Where a district
boundary line as established in this section or as shown on the Official Zoning
Map divides a lot, the use authorized on, and the other district regulations
applying to, the least restricted portion of such lot under this chapter shall
be construed as extending to as much of the more restricted portion of such lot
as is entirely within 35 feet of the dividing district boundary line.
304-60. Schedule.
The schedule of area, lot, yard, building
height, lot coverage and minimum floor area requirements is made a part of this
chapter, codified as Schedule A.EN The regulations
included in the schedule are hereby established as minimum regulations of this
chapter. Borough facilities deemed necessary and appropriate by the Borough Council
are exempted from these regulations.
ARTICLE X, Prohibited Uses
304-61. Adult entertainment use. [Added
An adult entertainment use shall be
prohibited in any residential zone and in the downtown preservation district.
In addition, an adult entertainment use shall be prohibited in any zone
consistent with the following:
A. Within 300 feet of any residence, residential use and/or
residential zone; or
B. Within 300 feet of the following uses:
(1) Churches, monasteries, chapels,
synagogues, convents, rectories, religious article or religious apparel stores
or any religious use.
(2) Schools, both public and private, up to
and including the 12th grade, and their adjunct play
area.
(3) Public playgrounds, public swimming pools,
public parks and public libraries.
ARTICLE XI, Zone District Regulations
304-62. R-100 Residential District.
A. Permitted principal uses.
(1) Single-family detached dwellings.
(2) The offices of a member of a recognized
profession who is in residence on the lot and provided that not more than 25%
of the habitable floor area is in office space.
(3) Public parks, playgrounds and
recreational facilities, including incidental parking areas.
(4) Such municipal buildings, schools or
other municipal facilities deemed necessary and appropriate by the governing
body.
B. Permitted accessory uses.
(1) Private garages.
(2) Private swimming pools for residential
use.
(3) Any use or structure customarily
incidental to a principal permitted use.
C. Conditional uses. [Amended
(1) Eleemosynary, charitable and
philanthropic institutions as per 304-81.
(2) Houses of worship as per 304-76.
(3) Parochial and private schools as per 304-79.
(4) Private membership clubs being limited to
organizations catering exclusively to members and their guests, or premises and
buildings for recreational or athletic purposes which are not conducted
primarily for gain, provided that there are not conducted any vending stands,
merchandising or commercial activities, except as required generally for the
membership and purposes of such club.
(5) Necessary public utilities and services
as per 304-77.
(6) Cluster development as per 304-75.
D. Off-street parking. See 304-43.
E. Signs. See 304-44.
F. Lot area and yard requirements. See 304-60.
§ 304-63. R-75
Residential District.
A. Permitted principal uses: all uses permitted in 304-62A.
B. Permitted accessory uses: all uses permitted in 304-62B
C. Conditional uses. [Amended
(1) Eleemosynary, charitable and
philanthropic institutions as per 304-81.
(2) Houses of worship as per 304-76.
(3) Parochial and private schools as per 304-79.
(4) Private membership clubs or premises and
buildings for recreational or athletic purposes under the same conditions for
such uses as required in the R-100 District [See 304-62C(4).]
(5) Necessary public utilities and services
as per 304-77.
D. Off-street parking. See 304-43.
E. Signs. See 304-44. In addition, signs for residential uses
shall be subject to 304-44Q and signs for business uses, excepting home
occupations, shall be subject to subsection 304-44R. [Amended
F. Lot area and yard requirements. See 304-60.
304-64. R-50 I Residential
District.
A. Permitted principal uses: all uses permitted in 304-62A.
B. Permitted accessory uses: all uses permitted in 304-62B.
C. Conditional uses: all uses permitted in 304-62C.
D. Off-street parking. See 304-43.
E. Signs. See § 304-44.
F. Lot area and yard requirements. See 304-60.
304-65. R-M Multifamily Residential District.
A. Permitted principal uses.
(1) All uses permitted in the Residential
R-100 District under the same conditions and requirements as specified for the
R-100 Residential District.
(2) A garden apartment development, as
defined in this chapter, under the following conditions:
(a) A site plan in accordance with Article
III, Site Plan Review, of this chapter shall be submitted to the Planning Board
for approval.
(b) In evaluating the site plan, the
following requirements shall be met:
[1] There shall be a minimum lot area
requirement of not less than three acres, calculated between property lines.
All lot area requirements are for sound, usable land.
[2]
[3] The number of apartments per net usable
acre shall not exceed 14.
[4] A maximum of 16 families shall be
contained in one grouping of units. However, when front and rear entrances are
provided for all apartments, a maximum of 32 families may be contained in one
such grouping of units.
[5] The height of the habitable portion of
the apartments shall not exceed two stories, and total heights shall not exceed
2˝ stories. No building shall be erected to a height in excess of 35 feet.
[6] Accessory structures shall not exceed 1˝
stories of 15 feet in height and shall meet the same
setback, side yard and rear yard requirements as main apartment buildings.
[7] Apartment buildings and accessory
buildings shall be of colonial or contemporary type architecture with A or hip
roof, with exterior surface walls of brick and wood or other acceptable
materials, subject to final aesthetic approval of the Planning Board.
[8] Exterior surface walls of wood or other
acceptable construction other than brick may not exceed 20% of the total
exterior of each unit.
[9] Every apartment house shall be designed
to provide not less than two exterior wall exposures for each dwelling unit,
such walls to be pierced by windows so as to provide either through ventilation
or corner-ventilation. In the event such apartment house is designed to provide
air conditioning for all dwelling units therein, only single wall exterior
window exposure shall be required for each dwelling unit.
[10] Minimum yard requirements shall be 75 feet
for front yards (setback) on existing borough streets and 35 feet on interior
streets, 35 feet for side yards, except 30 feet on a corner lot, and 25 feet
for rear yards, except 100 feet if facing an exterior street.
[11] No outside area or equipment shall be
provided for the hanging of laundry or for the outside airing of laundry in any
manner. Sufficient area and equipment suitably located shall be made available
within the project for the laundering and artificial drying of laundry of the
occupants of the apartments.
[12] All electric and telephone utility service
connections from existing streets or nearest points of access outside the
premises shall be installed underground, and prior to the granting of final
approval by the Planning Board, applicant shall submit a written instrument
from each serving utility evidencing compliance with the provisions of this
subsection.
[13] Each multifamily apartment project shall
provide a playground area or areas at a rate of 50 square feet per each
dwelling unit.
[14] The entire area of any multifamily
apartment project shall be attractively landscaped and seeded.
[15] Each apartment shall have individual
kitchen and bathroom facilities, living room, dining area and one or two
bedrooms as provided in Subsection A(2)(b)[16] which follows.
[16] A maximum of 20% of all apartments may
have two bedrooms. Minimum floor area for apartments will be as follows:
[a] One-bedroom
apartments shall have a minimum of 700 square feet of habitable floor area.
[b] Two-bedroom apartments shall have a
minimum of 900 square feet of habitable floor area.
[17] No part of any accessory building shall be
used for living purposes.
[18] Connecting arteries must be of suitable
size to accommodate traffic flow generated.
[19] Interior roads shall be paved 30 feet
between curbs, exclusive of parking.
[20] A maximum of one garage per unit shall be
permitted. The minimum number of parking spaces to be provided in garages or
open parking areas shall be for 1˝ cars for each
dwelling unit. An open parking space for one passenger automobile shall have a
minimum width of nine feet, a minimum length of 20 feet and a minimum area of
180 square feet, exclusive of driveways and maneuvering areas. Maneuvering
areas in open parking areas shall have a minimum of 25 feet in width. Garages
shall be a minimum of 10 feet clear in width and a minimum of 20 feet clear in
length. Maneuvering areas in front of garages shall have a minimum of 30 feet
in width. Parking areas shall not be constructed any closer than 10 feet to a
property line. Each group of attached garages shall have a joint capacity of
not more than 10 automobiles arranged in a row and there shall be a minimum
distance of 10 feet between such structures. Suitable screening shall be
provided where needed.
[21] The occupancy shall be entirely
residential and only noncommercial facilities for recreation or social
activities may be provided solely for the residents of the project, same not to
be operated for profit.
[22] Any garden apartment project must be
connected with the water and sewer system of the borough and an opinion will be
required of the Borough Engineer indicating that the water and sewer facilities
are adequate to accommodate the project.
[23] In the layout of garden apartment houses
on a tract or lot of land, the following minimum distances shall be maintained:
[a] Between all
main buildings and detached accessory buildings: 35 feet.
[b] Between ends of all buildings where
walls are parallel to each other: 30 feet.
[c] Between ends
of all
buildings where walls are parallel to each other and driveways occur: 35 feet.
[d] From the front facade of a building to
the front facade of an opposite building: 75 feet.
[e] From the rear facade of a building to
the rear facade of an opposite budding: 75 feet.
[f] From the front facade of a building to
the side wall of an adjoining building: 20 feet.
[g] The front facade of a building shall not
overlap the side wall of an opposite building by more than eight feet, unless
the buildings are joined together. In no case shall windows in any wall be
obstructed by any abutting walls.
[h] The requirements set forth in Subsection
A(2)(b)[23][a] through [h] may be varied by an amount
not to exceed 20% in order to accommodate aesthetic and topographical conditions
and circumstances.
B. Signs. See 304-44.
304-66. Senior Citizen Residential District.
A. Permitted principal use. The permitted principal use shall be
housing for persons at least 62 years of age, provided that the housing is
constructed with a density of not more than 12 units per acre, which units
shall be computed and located with reference to the entire tract and not on the
basis of each individual acre; the housing is constructed on plots at least
nine contiguous acres; and provided further that a site plan in accordance with
Article III, Site Plan Review, of this chapter be submitted to the Planning
Board for approval, which site plan shall contain and be bound by the same
additional information and requirements as required in § 304-65A(2), except
that Subsections A(2)(b)[1] through [3] shall not be applicable, and Subsection
A(2)(b)[5] shall be limited to not more than two stories.
B. Permitted accessory uses.
(1) Other uses and structures customarily
incident to the principal permitted use.
(2) Private parking.
C. Off-street parking. Off-street parking requirements shall be
the same as those set forth in 304-65A(2)(b)[20].
D. Signs. See § 304-44.
304-67. GB General Business District.
A. Permitted principal uses.
(1) All uses generally considered of a
commercial, retail or business character but not including manufacturing as
herein defined. Such permitted uses may include but are not limited to:
(a) Retail sales to a widely distributed
clientele, such as antique or gift shops; new motor vehicle sales agencies and
show rooms, associated repair shop and new motor vehicle lot, including
accessory outdoor display of used motor vehicles, provided that the used motor
vehicle lot shall be located on the same premises with the principal use; baked
goods for retail sales only; drugs and pharmaceuticals, groceries, hardware;
and meat and poultry, provided that no slaughtering of animals is performed on
the premises.
(b) Professional offices, banks, commercial
schools and clerical occupations of all kinds.
(c) Recreation and amusement facilities
operated for private profit, such as bowling lanes, skating rinks and theaters.
(d) Services and service agencies, such as:
[1] Barber and beauty shops.
[2] Custom tailoring and dressmaking.
[3] Dry-cleaning services, provided that no
bulk processing shall be done on the premises and that not more than five
gallons of flammable fluid is stored on the premises.
[4] Funeral homes and undertaking
establishments.
[5] Garages and auto repair shops, provided
that not more than two vehicles which are incapable of operation, use or repair
are stored on the premises.
[6] Laundries and laundromats.
[7] Offices of contractors in the building
trades, provided that no bulk storage of materials or equipment is permitted.
[8] Electrical repair establishments.
[9] Restaurants and diners of the sit-down
type, which shall be defined to mean an establishment at which food is sold for
consumption by patrons seated at tables within the premises within an enclosed
area and served on china or comparable reusable tableware and reusable
implements. The short order or quick service food operations serving primarily
hamburgers, hot dogs, fried chicken, fried seafood, ice cream dishes or similar
foods shall be prohibited. The serving of alcoholic beverages shall be
permitted only in conjunction with and accessory to a permitted use.
[10] Shoe repairing.
[11] New motor vehicle, motorized or utility
trailer or motorcycle sales agency and show rooms, associated repair shop and new
motor vehicle, motorized or utility trailer or motorcycle lot, including
accessory outdoor display or used motor vehicles, motorized or utility trailers
or motorcycles, provided that the used motor vehicle, motorized or utility
trailer or motorcycle lot shall be located on the same premises with the
principal use.
B. Permitted accessory uses.
(1) Other
uses and structures customarily incident to a principal permitted use.
(2) Public and
private parking.
C. Conditional uses.
(1) Gasoline or other motor fuel service or
filling stations subject to the conditions specified in 304-78.
D. Off-street parking. See 304-43.
E. Signs. See 304-44.
F. Lot area and yard requirements. See 304-60.
304-68. SB Special Business District. [Amended
A. Permitted principal uses.
(1) All uses permitted in § 304-67A.
(2) Motels and nursing or convalescent homes.
B. Permitted accessory uses. Permitted accessory uses shall be
the same as those set forth in 304-67B.
C. Off-street parking. See 304-43.
D. Signs. See 304-44.
E. Lot area and yard requirements. See 304-60.
304-69. DPD Downtown Preservation District.
A. Purpose. The purpose of the Downtown Preservation District is
to promote the educational, cultural, economic and general welfare of the
borough pursuant to the provisions of Chapter 291 of the Laws of the State of
New Jersey, 1975.EN The Downtown Preservation District gives special
recognition to the unique characteristics of the designated area as they
reflect the eighteenth- and nineteenth-century history, architecture, land use
relationships and small village way of life. The creation of this district is
an attempt to retain and preserve any structures and sites of historic
significance whose age and character, both individually and collectively,
create the tone and character of the designated area. These regulations are
intended to prevent any construction, demolition or exterior alteration which
would injure, depreciate or conflict with the tone and character of the district.
B. Permitted principal uses. Professional offices as defined in
304-3 of this chapter and single-family dwellings.
C. Permitted accessory uses.
(1) Other uses and structures customarily
incident to a principal permitted use.
(2) Public and private parking.
D. Off-street parking See 304-43.
E. Signs. See 304-44.
F. Lot area and yard requirements. See 304-60.
G. Architectural review; requirements.
(1) Any new building or structure or any
extension, addition or alteration or any demolition within the Downtown
Preservation District shall require that all architectural design features are
in keeping with the existing historic village atmosphere. The Board shall
utilize an advisory committee of historians, architects or other disciplines in
reaching a decision and shall also be empowered to engage experts as deemed
necessary and as permitted by budgetary considerations. The Planning Board and
its advisory committee shall give consideration to the following:
(a) The historical or architectural value and
significance of the building or structure and its relationship to the historic
value of the surrounding area.
(b) The general compatibility of exterior
design, arrangement and materials proposed to be used.
(c) Any other factor, including aesthetics,
which it deems pertinent.
(2) The Planning Board shall not disapprove
applications pursuant to this section except in regard to the considerations as
set forth in Subsections G(1), (2) and (3) above. It
is the intent of this section that alterations or repairs on, and additions to
historic and architecturally significant buildings and structures be made in the spirit of their architectural style. Criteria
for evaluation of historic buildings and structures shall be those developed by
the National Trust for Historic Preservation.
H. No conversion from a residential use to an office use shall
be permitted unless the applicant can clearly demonstrate that off-street
parking will be provided as required in 304-43.
304-70. HI Highway Improvement District.
A. Permitted principal uses.
(1) Retail business establishments limited to
the following: hardware, paint, glass and wallpaper stores; department stores
and variety stores; dry goods stores; food stores, dairy stores and retail
stores; apparel and accessories stores; furniture, home furnishings and
equipment stores; radio, television and music stores; restaurants and taverns,
but not including drive-in refreshment stands where food, drink and confections
are served outside of the buildings or where food is intended to be consumed in
cars parking on the premise; drug stores; liquor stores; antique stores; book
and stationery stores; sporting goods, bicycle and hobby stores; jewelry
stores; cigar stores and news dealers; camera and art stores; luggage and
leather goods stores; franchised new motor vehicle dealers which provide not
less than 2,000 square feet of interior floor space devoted to display of new
motor vehicles and appropriate space for service, parts and office facilities;
and farm and garden supply stores, provided that no merchandise is displayed or
stored outside of a fully enclosed building.
(2) Personal service establishments limited
to the following: banks and fiduciary establishments; credit agencies, security
and commodity brokers; real estate and insurance offices; holding and
investment company offices; laundry and dry cleaning pick up stores;
photographic stores; barber and beauty shops, shoe repair shops; garment
pressing, alterations and repair shops; miscellaneous repair shops other than automotive;
motion picture theater other than outdoor; dance studios and schools; medical
and health services, excluding veterinarian services; legal services;
engineering and architectural services; accounting and bookkeeping offices;
business offices; funeral homes; electrical supply stores; nonprofit clubs,
lodges and fraternal, civil service or charitable organizations; and order
centers or stores.
(3) Public or quasi-public areas, such as
municipal parks, playgrounds, buildings and uses deemed appropriate and
necessary by the Borough Council, and churches, synagogues and other religious
buildings and uses for worship but excluding schools and auditoriums.
B. Permitted accessory uses.
(1) Other uses and structures customarily
incident to a principal permitted use.
(2) Public and private parking.
C. Conditional and prohibited uses. [Amended
(1) Conditional uses.
(a) Necessary public utilities and services
as per 304-77.
(b) Hospitals as per 304-80.
(c) Eleemosynary, charitable and
philanthropic institutions as per 304-81.
(2) Prohibited uses.
(a) Correctional or detention centers.
D. Off-street parking. In addition to the provisions of 304-43,
the following provisions shall be adopted as the required Highway Improvement
District parking regulations of the borough.
(1) Parking facilities may be located in any
required yard space but shall not be less than 10 feet from any street line.
Ingress and egress to the parking area shall be a minimum of 15 feet and a
maximum of 30 feet in width and shall not cause a hazardous condition to exist.
The area shall be illuminated during operating hours if they occur after
sunset. The illumination shall be shielded from streets and adjoining
residential properties, if any.
(2) All parking spaces provided for business
uses in this section may be located on a lot within 400 feet of the public
entrances of the building they are intended to serve, but only if it is
determined by the Planning Board that it is impractical to provide the required
parking spaces on the same lot with the building they are intended to serve.
(3) Nothing in this chapter shall be
construed to prevent collective provision of off-street parking facilities by
two or more buildings or uses located on adjacent lots, provided that the total
of such off-street parking facilities shall not be less than the sum of the
requirements for the various individual uses computed separately in accordance
with the standards contained in 304-43.
(4) All off-street parking areas shall be
hard-surfaced with a bituminous concrete or concrete pavement and graded and
drained as approved by the Borough Engineer.
(5) Parking shall be subject to Planning
Board site plan review as stated elsewhere in this chapter.
E. Landscaping and buffer.
(1) Landscaping, consisting of attractive
trees, shrubs, plants, natural or synthetic grass lawns and decorative stone or
rock gardens within the Highway Improvement Districts, shall be shown on site
plans and shall be maintained as required in this chapter.
(2) Wherever a parking plan in the Highway
Improvement District has a capacity of 100 or more cars, a landscaping plan
shall be submitted with the site plan to the Planning Board indicating a
minimum of 5% of the total land area for parking maintained in decorative
landscaping, such as planting islands or focal points.
(3) Wherever a use permitted in the Highway
Improvement District abuts a residential zone, a solid and continuous landscape
screen shall be required as per § 304-41. In addition, the following buffer
requirements shall apply in the HI District:
(a) In the event that the width of the parcel
at the building line exceeds 100 feet and adjoins a residential property, the
buffer area shall be increased by 10% of the footage exceeding the initial 100
feet at the building line to a maximum buffer of 50 feet.
(b) In the event that the average depth of
the parcel exceeds 200 feet and adjoins a residential property, the buffer area
shall be increased by 10% or the average depth exceeding the initial 200 feet
to a maximum buffer area of 50 feet.
(c) In addition to such buffer planting, the
applicant or owner shall erect on the buffer area a fence six feet in height
for the purpose of protecting the residential property from litter, debris,
light glare and other such nuisances that would disturb the enjoyment and
peaceful possession of the residential property. Such fence shall not be less
than 75% solid and shall be located only as shown on the site plan approved by
the Planning Board.
(4) Guaranties.
(a) Whenever landscaping seeding and/or
buffer area planting is required under this subsection, or any section of this
chapter or by an approval of the Planning Board, Board of Adjustment or Borough
Council, as the case may be, the same shall be planted prior to the issuance of
the certificate of occupancy for the use on the property; provided, however,
that when the season or weather conditions do not permit such plantings to
coincide with the completion of the buildings or structures, same shall be accomplished
with a time to be specified in the issuance of such certificate of occupancy,
based upon the season of the year when issued.
(b) No certificate of occupancy shall be
issued for any use requiring landscaping, seeding and/or planted buffer area under
this chapter, or as a condition of any approval under this chapter, unless the
owner shall have filed with the borough the performance guaranties herein
required, sufficient in amount to cover the costs of such required plantings,
including replacement thereof and maintenance thereof for a two-year period.
(c) Ten percent of the total estimated costs
of all such plantings, as aforesaid, shall be deposited in cash or equivalent
with the Borough Treasurer, conditioned upon the proper planting and seeding
(where such has not already taken place) and maintenance for a period of two
years, and/or assurance that the same will survive two growing seasons or be
replaced if same should die within such time. Such deposit, or any portion
thereof in an amount as certified by the Borough Engineer and approved by the
Borough Council may be expended by the borough if the owner shall fail within
30 days after written notice to make such plantings, or replace dead or dying
trees or shrubs, as the case may be, or to provide additional plantings which
are deemed necessary to meet the requirements of such approval. The borough
shall be obligated to return only the unexpended portion of the deposit to the
applicant upon the completion of all required plantings and survival through
two growing seasons, as aforesaid.
(d) The balance of the performance guaranty
may be in the form of a performance bond, which shall be issued by a bonding or
surety company approved by the Borough Council, a certified check or cash
deposit or any other type of surety acceptable to the Borough Council and
approved as to form by the Borough Attorney.
(e) The posting of a performance guaranty as
set forth above shall not relieve the owner from the obligation to perform nor
shall such guaranty preclude the borough from revocation of the certificate of
occupancy where the owner fails to perform.
(5) In the event of a discrepancy between the
buffer requirements of this section and 304-41, the more stringent regulation
shall apply.
F. Fences.
(1) Where fences are to be installed as part
of an initial application involving a building or other structures, the same
shall be shown on the site plan, and the nature of the proposed fence shall be
described.
(2) Barbed wire and electricity charged
fences are specifically prohibited, however, barbed
wire may be permitted to be installed above a height of six feet on customary
security type fences, if permission therefor is
specifically granted by the appropriate authorities.
(3) All fences must be erected within the
property lines, and no fences shall be erected so as to encroach upon a public
right-of-way.
(4) Every fence shall be maintained in a
safe, sound, upright condition.
(5) Spite fences are specifically prohibited,
as are fences made from used or discarded materials not usually associated with
fences, such as but not limited to doors, old lumber and the like.
G. Signs. See 304-44.
H. Driveways. The following standards shall apply for driveways
within the Highway Improvement District.
(1) Driveways shall enter the road system as
nearly as possible to 90°.
(2) The number of driveways provided for the
site directly to any road shall be as follows:
(a) For a length of site frontage of less
than 300 feet, there shall be no more than two driveways.
(b) For a length of site frontage 300 feet or
more, the number of driveways shall be specified by the Borough Planning Board,
upon receipt of advice of the Borough Engineer.
(3) All entrance and exit driveways to the
road shall be located to afford maximum safety to traffic on the road.
(4) Where a site occupies a corner of two
intersecting roads, no driveway entrance or exit may be located within 50 feet
of the intersection of the curb lines when extended.
(5) No part of any driveway may be located
within five feet of a side property line. However, upon application to the
Planning Board and upon approval of the design by the Borough Engineer, the
Planning Board may permit a driveway serving two or more adjacent sites to be
located on or within five feet of a side property line between the adjacent site.
(6) Where two or more driveways connect a
single site to any one road, a minimum clear distance of 25 feet measured along
the right-of-way line shall separate the closest edges of any two such
driveways.
(7) For a driveway having a two-way
operation, the driveway will intersect the road at an angle as near 90° as site
conditions will permit, and in no case will be less than 60°.
I. Buffer.
(1) There shall be a twenty-foot buffer area
along any side line or rear line which abuts the residential zone. If the area
is substantially screened by natural trees and growth, the same shall be left
in its natural state. If the area is not substantially screened in its natural
state, it shall be planted with shrubs and trees so as to provide an adequate
screen from the residential properties.
(2) In the event the width of the parcel at
the building line exceeds 100 feet and adjoins a residential property, the
buffer area shall be increased by 10% of the footage exceeding the initial 100
feet at the building line to a maximum buffer of 50 feet.
(3) In the event the average depth of the
parcel exceeds 200 feet and adjoins a residential property, the buffer area
shall be increased by 10% or the average depth exceeding the initial 200 feet
to a maximum buffer area of 50 feet.
J. Lot area and yard requirements. See 304-60.
K. Abandonment.
(1) If a nonconforming use of land, premises,
building or structure, or any part or portion thereof, has been terminated or
discontinued for a period of two years, such nonconforming use shall not
thereafter be reestablished, and all future use shall be in conformity with the
provisions of this chapter. Such termination or discontinuance of the active
and continuous operation of such nonconforming use, or a part or portion
thereof, for such period of two years shall be presumed to be an abandonment of
such nonconforming use, regardless of any reservation of an
intent not to abandon same or of an intent to resume active operations.
(2) If actual abandonment in fact is
evidenced by the substantial removal of buildings, structures, machinery,
equipment and other evidences of such nonconforming use of the land and
premises, the abandonment shall be construed and considered to be completed
within a period of less than two years, and all rights to reestablish or
continue such nonconforming use shall thereupon terminate.
304-71. IND Industrial District.
A. Permitted principal uses.
(1) All business and commercial uses
permitted in the GB General Business District.
(2) Public utility and service activities of
an industrial character, such as repair and maintenance yards, storage
facilities, depots and stations, classification yards or roundhouses.
(3) Activities of an industrial nature which
may include the fabrication, processing or assembly of goods and materials or
the storage of bulk goods and materials, provided that no nuisance or hazard
may occur beyond the limits of the lot occupied by such activity from fire or
explosion, toxic or corrosive fumes, gas, smoke, odors, flashes or
objectionable effluent. Such permitted uses may include:
(a) Public garages, automotive repair shops,
truck terminals and used car lots and sales.
(b) Storage warehouses and lumber yards.
(c) Laundry, cleaning and dyeing work and
carpet and rug cleaning.
(d) The manufacture, compounding, processing,
packaging or treatment of consumable products, such as beverages, food, candy,
cosmetics, dairy products, drugs, ice, perfumes, pharmaceuticals, toilet
supplies and similar products.
(e) The finishing or assembling of articles
made from previously prepared or refined materials, such as wood, metal,
plastics, glass, leather or shell.
(f) Blacksmith shop, metal-working or
machine and welding shops or heavy machinery.
(g) Research laboratories.
(h) Office and clerical activities.
B. Permitted accessory uses.
(1) Other uses and structures customarily
incident to a principal permitted use.
(2) Public and private parking.
(3) Off-street parking and loading. See
304-43.
(4) Signs. See 304-44.
(5) Lot area and requirements. See 304-60.
(6) Performance standards. See 304-45.
304-72. RID Railroad Improvement District.
A. Permitted principal uses.
(1) All business and commercial uses
permitted in the GB General Business District.
(2) Business, professional and industrial
offices.
(3) Restaurants, not including fast-food
restaurants.
(4) Single or multilevel commercial parking
lots.
B. Permitted accessory uses.
(1) Other uses and structures customarily
incident to a principal permitted use.
C. Off-street parking and loading. See 304-43.
D. Signs. See 304-44.
E. Lot area and yard requirements. See 304-60.
304-73. GO
General Office District. [Amended
A. Permitted principal uses.
(1) Professional offices.
(2) Administrative, executive and editorial
offices.
(3) Medical and dental offices.
(4) Banks and financial institutions.
(5) Real estate and other general business
offices.
B. Permitted accessory uses.
(1) Other uses and structures customarily
incident to a principal permitted use.
C. Off-street parking and loading. See 304-43.
D. Signs. See 304-44.
E. Area and yard requirements.
Regulation Requirement
Minimum lot size 3
acres
Minimum width 200
feet
Minimum depth 300
feet
Minimum front yard 60
feet
Minimum rear yard 50
feet
Minimum side yard 25
feet
Maximum lot coverage 30%
Maximum height 2
stories
30
feet
ARTICLE XII, Conditional Uses
304-74. Application.
A. General uses listed as a conditional
use in a particular district may be permitted by the Planning Board, only after
it has determined that the development proposal complies with the conditions
and standards set forth in this article for the location and operation of such
use.
B. The Planning Board shall grant or deny any application for a
conditional use within 95 days of submission for a complete application by a
developer to the Construction Official, or within such further time as may be consented to by the applicant.
C. The review by the Planning Board of a conditional use shall
include any required site plan review pursuant to Article III, Site Plan
Review, of this chapter. Failure of the Planning Board to act within the ninety-five-day
time period shall constitute approval of the application and a certificate of
the Construction Official 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.
D. Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A.
40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285
(N.J.S.A. 40:27-6.6) in the case of a site plan, the municipal Planning Board
shall condition any approval that it grants upon timely receipt of a favorable
report on the application by the Monmouth County Planning Board or approval by
the Monmouth County Planning Board by its failure to report thereon within the
required time period.
304-75. Cluster development.
A. The purpose of this section is to provide a method of
development of residential land which will preserve desirable, usable open
spaces for public purposes by permitting the reduction of lot sizes without
increasing the number of lots in a subdivision. The Planning Board shall review
such proposal and may attach whatever restrictions it deems fit. Such proposal
shall be subject to approval by the Mayor and Council. A proposal shall be
accompanied by a sketch plan of the proposed development.
B. Residential developments utilizing cluster provisions for
single-family dwellings may be permitted only in the Residential R-100
District.
C. The proposed development shall follow all applicable
procedures, standards and requirements of this chapter. No building permit
shall be issued until a final plat of the proposed development or part thereof
is approved and recorded.
D. The Planning Board shall, prior to reaching its decision,
solicit the desires of other municipal agencies to determine if they have any
proposal for use of such land. Municipal agencies shall make known their
requests and desires for the use of the proposed parcel to the Planning Board
in writing. Thereafter the Planning Board shall consider the proposal and
decide whether to accept or reject the proposal.
E. The maximum number of dwelling units permitted shall not
exceed the number which could be developed under the regular R-100 zoning
provisions. A plat shall be filed showing the number of homes which are to be
allowed in accordance with density provisions.
F. The minimum tract size for cluster development is five
contiguous acres.
G. Lands designated for open space and public purposes shall be
developed by the developer, in accordance with a site plan approved by the
Planning Board, and acceptable for dedication to the
borough by the governing body.
H. The land area to be donated to the borough shall be
determined by the following standards:
(1) It must equal at least 20% of the total
tract area.
(2) It must be at least a single usable
one-acre parcel located within or contiguous to the tract to be developed.
(3) Open drainage watercourses and measurable
floodplain areas which are incorporated into a landscaped plan may be credited
at a 50% ratio in the open space area.
304-76. Houses of worship.
A. Houses of worship shall be permitted in all districts. In
reviewing the site plan for houses of worship, the Planning Board shall make
particular note of ancillary uses, such as social events, recreational
activities, convocations and similar activities. Reasonable requirements shall
be established to minimize any adverse impact on surrounding areas.
B. Minimum lot area. No lot shall be less than the minimum
required in any district.
C. Minimum yards. The minimum yards for the zone where the
houses of worship are proposed to be located shall be maintained, except that
where the uses abut a residence use, the minimum required side yard shall be
doubled.
304-77. Necessary public utilities and services.
A. Essential services shall be permitted in all zones. Because
of the wide range of uses which constitute essential services, no specific
regulations are contained in this chapter. Each use shall be evaluated by the
Planning Board and standards imposed based on the following:
(1) Degree and intensity of nuisance
characteristics.
(2) Probable traffic impact.
(3) Character of surrounding existing and
future development.
B. The Planning Board may require alternate siting
arrangements and provisions for parking and loading spaces, screening, fencing,
buffers and lighting.
304-78. Gasoline or service stations; garages.
A. No gasoline or other motor fuel service or filling station,
public garage or commercial garage shall be erected, constructed, established,
maintained or operated within 500 feet of any of the following: a public school
or playground or lands owned by the Board of Education for school or playground
purposes; a duly organized school giving regular instruction at least five days
a week (holidays excepted) for eight or more months a year; hospital; church;
orphan asylum, nursing or rest home; public library; theater or opera house or
other building used for theatrical or operatic purposes or for public
entertainment; municipal building housing the public offices of the
municipality; or any public playground or athletic field.
B. No gasoline or other motor fuel service or filling station,
public garage or commercial garage shall be erected, constructed, established,
maintained or operated within 1,000 feet of any other such gasoline or other
motor fuel service or filling station, public garage or commercial garage.
C. No gasoline or other motor fuel filling appliance shall be
located within 10 feet of a street line or within five feet of any adjacent
property line.
D. No existing gasoline or other motor fuel service or filling
station, public garage or commercial garage shall be deemed to become a
nonconforming use through the existence at the present time of aforesaid such
school or schools, hospital, church, orphan asylum, nursing or rest home,
public library, theater or opera house or other building used for theatrical or
operatic purposes or for public entertainment, a municipal building or any
public playground or athletic field, as set forth above, or any other gasoline
or other motor fuel service or filling station, public garage or commercial
garage within the aforesaid prescribed area for each or through the subsequent
erection of aforesaid such school or schools, hospital, church, orphan asylum,
nursing or rest home, public library, theater or opera house or other building
used for theatrical or operatic purposes or for public entertainment, a
municipal building or any public playground or athletic field within the
aforesaid prescribed area, and nothing hereinabove contained shall be construed
to prevent or bar the reconstruction or alteration of any such previously
existing gasoline or other motor fuel service or filling station, public garage
or commercial garage.
304-79. Parochial and private schools. [Added
A. The minimum lot size for any school shall be two acres in
size.
B. The school shall be connected to public water and sewer.
C. The site shall include or be in close proximity to open space
which can be used for active recreation.
D. All areas designed for potentially noisy activities shall be
sufficiently sound-insulated or separated from adjacent residential structures
so as to avoid any noise nuisance.
E. The buffer requirements as per § 304-41 shall be met for any
school. Active recreation areas shall not constitute required buffer areas.
304-80. Hospitals. [Added
Hospitals shall be permitted upon
authorization by the Planning Board in accordance with the following standards
and site plan review:
A. Said use will have direct access to a major thoroughfare or
major collector street as defined in this chapter.
B. Minimum lot size shall be five acres.
C. Minimum lot width shall be 200 feet.
D. Maximum percent lot coverage shall be 25%.
E. Maximum building height shall be four stories or 50 feet.
F. Maximum front, rear and side yard areas shall be 100 feet.
G. The buffer requirements as per § 304-41 shall be met for any
hospital.
304-81. Eleemosynary, charitable and philanthropic
institutions. [Added
Approval of eleemosynary, charitable and
philanthropic institutions shall be determined at the discretion of the
Planning Board on a case-by-case basis. However, unless specifically waived or
modified by the Planning Board, the bulk and yard requirements of the zone in
which the proposed use is to be located shall apply.
304-82. Residences for developmentally disabled and
community shelters for victims of domestic violence. [Added
A. In accordance with N.J.S.A. 40:55D-66.1, no community
residence for the developmentally disabled and no community shelter for victims
of domestic violence shall house more than six persons, excluding resident
staff, unless a conditional use permit has been issued by the Planning Board
for the use or conversion to use of a dwelling unit to such a community
residence or shelter.
B. An applicant for a conditional use permit shall file an
application for development which shall be the subject of a public hearing at
the Planning Board following the required notice and service requirements for
an application for development as more particularly set forth in § 47-23 of of Chapter 47, Land Use Procedures. In each case, the
decision of the Planning Board shall be reasonably related to the health,
safety and welfare of the residents of the zoning district in which the
proposed use is to be located. Before granting such a conditional use permit,
the Planning Board shall make specific findings of fact including, but not
limited to the following:
(1) The proposed area shall be sufficient for
the intended purpose.
(2) Adequate parking facilities shall be
provided.
(3) Means of ingress and egress shall be
adequate to prevent traffic hazard, congestion or excessive interference with
normal traffic movement on adjacent public streets and thoroughfares.
(4) The building and use shall be
appropriately located and designed and will meet a community need without
adversely affecting the neighborhood.
(5) In accordance with N.J.S.A. 40:55D-66.2,
no more than 15 persons other than resident staff shall be permitted in the
residence.
(6) The applicant shall satisfy the Planning
Board as to the adequacy of all items required in an application for site plan
approval, including but not limited to drainage, illumination, sewerage,
landscaping and all other items required for site plan approval.
(7) The Planning Board shall consider
appropriate buffering of the property.
ARTICLE XIII, Stormwater
Control
304-83. Requirements.
No application for development shall be
approved unless the Borough Engineer has certified to the approving authority
in writing that:
A. The applicant has provided the Borough Engineer with
sufficient information for it to determine whether or not the proposed
development will conform with the borough runoff
control details and stormwater detention facility
design criteria.
B. In the judgment of the Borough Engineer, the proposed
development will substantially conform with these
standards and design criteria set forth in this article.
304-84. Runoff standards.
No land area in the borough shall be
developed so that:
A. The rate of stormwater runoff
occurring at the area is increased over what occurs there under existing
conditions.
B. The drainage of adjacent areas is adversely affected.
C. Soil erosion during and after development is increased over
what naturally occurs there.
D. Soil absorption and groundwater recharge capacity of the area
is decreased below what occurs under existing conditions.
E. The natural drainage pattern of the area is significantly
altered.
304-85. Runoff control details.
In order to duplicate as nearly as possible
natural drainage conditions, regulation and control of stormwater
runoff and erosion for any land area to be developed shall be through on-site
water detention and/or ground absorption systems which include but are not
limited to the following:
A. Detention areas which may be depressions in parking areas,
excavated basins, basins created through use of curbs, stabilized earth berms or dikes, or any other form of grading which serves
to temporarily impound and store water.
B. Rooftop storage through temporary impoundment and storage of stormwater on flat or slightly pitched building rooftops by
use of drain outlets which restrict the stormwater
runoff from the roof surface.
C. Dry wells or leaching basins which control stormwater runoff through ground absorption and temporary
storage.
D. Porous asphaltic pavement which
preserves the natural ground absorption capacity of a site and provides a
subsurface reservoir for temporary storage of stormwater.
E. Any system of porous media, such as gravel trenches drained
by porous wall or perforated pipe, which temporarily store and dissipate stormwater through ground absorption.
F. Any combination of the above-mentioned techniques which
serve to limit stormwater runoff from a given site to
what presently occurs there.
G. Preservation of natural vegetation.
304-86. Design of stormwater
detention facilities.
A. Stormwater detention facilities
shall be designed to contain an amount equal to the increase in volume of
runoff which would result from development of any site. The volume of runoff
shall be computed on the basis of the total rainfall which produced the flood
of record for the area involved and shall be equivalent to the rainfall excess,
as previously defined. The total rainfall which produced the flood of record
shall be determined from accurate local records of the United States Department
of Commerce, National Weather Service or by calculations using accepted engineering
design techniques.
B. Runoff coefficients.
(1) The rainfall excess shall be computed for
each site using accepted, published runoff coefficients, such as those found in
Urban Hydrology for Small Watersheds, Technical Release No. 55, Engineering
Division, Soil Conservation Service, U. S. Department of Agriculture, January
1955, and as may be modified by the Borough Engineer.
(2) The range of coefficients for each land
use and surface type reflects differences in land slope, intensity of development,
amount of impervious surface and degree of ground saturation due to antecedent
precipitation.
(3) The runoff coefficients shall be
determined for each site for both existing and proposed conditions, and the
difference in the two shall be used to compute the volume of rainfall excess
for design of stormwater detention facilities. The
volume for design is equal to the depth of the rainfall excess multiplied by
the area of the site. If any such facility will contain water under normal
conditions, the amount so contained shall not be counted in calculating the
capacity required for the detention of water for the design storm. Rainfall
intensity shall be as recommended by the Borough Engineer.
C. In the case of detention facilities utilizing porous media
for ground absorption, such as dry well, porous pavement or the like, the
volume of the porous media shall be large enough to contain the total volume or
rainfall excess within the voids. Ground absorption systems shall be used only
where the infiltration rate of the receiving soil is acceptable as determined
by percolation tests and soil borings or as determined by the Borough Engineer.
Provisions shall be made to contain overflow of such systems on-site or to
surface drain the overflow in such a way as not to adversely affect any other
property.
D. If detention facilities utilizing surface impoundment, such
as detention basins or rooftop storage, are used, sufficient volume to fully
contain the total volume of rainfall excess shall be provided. The outlets of
such facilities shall be designed to limit the maximum discharge rate of stormwater runoff to what occurs at the site under existing
conditions and shall discharge in such a way as not to adversely affect any
other property. If rooftop storage is proposed, the weight of the impounded
water on the roof shall be accounted for in the structural design of the
building and the roof shall be designed to provide maximum protection against
leakage. If berms or dikes are used to create the
impounding area, they shall be adequately stabilized and the slopes protected
with vegetative cover, paving or rip-rap to protect against failure or
breaching.
E. If a combination of different stormwater
detention techniques is used, combined volume of the systems shall be large
enough to fully contain the total volume of rainfall excess.
F. Stormwater detention facilities
shall be constantly maintained by the owner to ensure continual functioning of
the systems at design capacity and to prevent the health hazards associated
with debris buildup and stagnant water. In no case shall water be allowed to
remain in any facility long enough to constitute a mosquito breeding, disease
or any other type of health problem, unless approved as a multifunction
facility include water, such as a pond. If the land or stormwater
detention facility or facilities are proposed to be dedicated to the borough
and the dedication is accepted by the Borough Council, the procedures for the
construction, dedication and acceptance and maintenance of such facilities set
forth in the subdivision regulations, including but not limited to performance
and maintenance bonds, inspections, etc., shall govern.
G. Detention and sediment and erosion control facilities shall
be designed in conformance with the Standards for Soil Erosion and Sediment
Control in New Jersey of the New Jersey State Soil Conservation Committee as
approved by the Borough Engineer or the Monmouth Soil Conservation District
under agreement, except where the Borough Engineer has determined that
conditions peculiar to a certain site warrant exception.
H. Sediment and erosion control measures shall be installed
prior to any other site development, shall apply to all aspects of the proposed
development and shall be in operation during all stages of development.
Increased runoff and sediment, resulting from modified soil and surface
conditions caused by the proposed development, shall be minimized and, where
possible, retained on-site.
ARTICLE XIV, Floodplain Regulations
304-87. Site plan data.
A. In addition to the site plan approval requirements contained
in this chapter, no building or structure shall hereafter be erected, enlarged,
expanded, externally altered or modified nor any paving, fill excavation or
improvement be permitted within any floodplain area unless a site plan shall
have been submitted to the Borough Planning Board for its review and approval.
B. The site plan shall be drawn to a scale not less than one
inch equals 50 feet and shall show in addition to the information required
elsewhere the following information:
(1) Existing and proposed building and
structures.
(2) Proposed finished grade elevations at the
corners of any structure or structures.
(3) Existing topography and proposed grading
at contour intervals of at least two feet.
(4) The lowest elevation within any proposed
structure after its completion.
(5) The location, type and size of all
existing and proposed storm drainage facilities and other utilities servicing
or proposed to service the premises in question.
(6) The location, size and nature of all
existing and proposed drainage rights-of-way or easements and the location,
size and description of any lands to be dedicated to the municipality, county
or state.
(7) The layout and size of existing and
proposed public or private streets.
(8) The elevation of any existing or proposed
pumping facilities.
(9) The nature and extent of any construction
alterations or repairs.
(10) The location, size and nature of the entire
lot or lots in question and any contiguous lots owned by the applicant or in
which the applicant has a direct or indirect interest.
(11) Proof of stream encroachment lines obtained
from the Department of Environmental Protection.
(12) The extent of any previous or proposed
filling of the land, if any.
(13) The location, type and size of all existing
and proposed erosion and siltation control measures,
such as slope protection, soil stabilization, sedimentation basins, sediment
traps headwalls, aprons and the like.
(14) Any and all other information and data
necessary to meet any of the requirements of this chapter.
C. In addition, where required by the Planning Board the
developer shall furnish information relating to subsurface conditions, based on
percolation tests and soil boring or probes. Test boring or probes shall be
performed by a licensed professional engineer with proven competency in the
field of soils engineering and shall be in accordance with acceptable
engineering standards and practices. Written notification of intention to conduct
such tests shall be forwarded to and received by the Borough Engineer at least
48 hours prior to testing. Tests shall be conducted in accordance with a plan
approved by the Borough Engineer. A detailed report of the test shall be
submitted to the Planning Board and Borough Engineer for review.
D. The Planning Board shall act upon any site plan provided for
above within 60 days of the date of filing thereof or the date of approval,
when required, by the State Department of Environmental Protection, whichever
is later, or other extension of time agreed to by the applicant. Failure of the
Planning Board to act within the time limit or limits shall be deemed a denial
of any site plan submitted hereunder. Planning Board disapproval shall include
written findings upon any site plan element found contrary to the provisions or
intent of this chapter.
304-88. Permit; approvals.
No person or persons shall engage in
development within a delineated floodplain until a stream encroachment permit
has been issued by the Department of Environmental Protection where appropriate
and all necessary approvals have been obtained from the borough.
304-89. Conditions.
The Planning Board may impose such conditions
on permitted uses as it deems appropriate to promote the public safety, health
and welfare, to protect public and private property, wildlife and fisheries and
to preserve, protect and enhance the natural environment of the floodplain. No
certificate of occupancy shall be issued unless all conditions of approval have
been complied with.
304-90. Performance standards.
In reviewing any proposed construction or
development, the Planning Board shall be reasonably assured upon evidence
submitted by the applicant that any structure, when built or altered, can be
occupied without peril to the health or safety of the occupant and that the
proposed land use:
A. Has an inherent low flood damage
potential.
B. Either acting alone or in combination with existing or future
use, does not obstruct flood flows or increase flood heights and/or velocities
or reduce ground absorption of stormwater.
C. Does not affect adversely the water-carrying or storage
capacity of any channel floodway or flood-fringe area.
D. Does not increase local runoff and erosion.
E. Does not unduly stress or degrade the natural environment of
the floodplain or degrade the quality of surface water or the quality and
quantity of groundwaters.
F. Does not require channel modification or relocation.
ortion of the
floodplain where proposed.
H. Is not a prohibited use in that portion of the floodplain
where proposed.
304-91. Permitted uses in channels.
Within any channel, structures may be
erected, enlarged, expanded or externally altered and fill, excavation or other
improvements or changes may be permitted only in connection with stream
improvements or stabilization, which improvements or changes shall have the
specific approval of the State Department of Environmental Protection, the
Monmouth County Planning Board and the Borough Planning Board.
304-92. Permitted uses in floodways.
A. Within any floodway, structures may be erected, enlarged,
expanded or externally altered, and fill, excavation or other improvements or
changes may be permitted only in connection with stream improvement or
stabilization, which improvement or changes shall have the specific approval of
the State Department of Environmental Protection, the Monmouth County Planning
Board and the Borough Planning Board.
B. The accepted practices of soil husbandry and farming, as well
as recreational uses in the nature of parks, wildlife preserves, playgrounds,
picnic areas, golf courses and boat landings, shall be permitted in accordance
with the issuance of a permit as provided by § 304-88. Any proposed use
involving the removal of trees shall be undertaken only in accordance with an
approved forest management plan. No material, equipment or vehicles shall be
parked or stored in the floodway, even in conjunction with a permitted use.
304-93. Permitted uses in flood-fringe areas.
Within any flood-fringe area, structures may
be constructed, erected, enlarged, expanded externally altered or modified and
fill, excavation and other improvements may be permitted only after issuance of
a permit as provided in 304-88 for a use allowed by the zoning
district regulations and further subject to the conditions set forth in this
article.
304-94. Applications for development in flood-fringe
area.
Upon application for such a permit, the
Planning Board shall notify the general public, Borough Environmental
Commission and the governing bodies and environmental commissions of other
municipalities which may be affected by the proposed use. Such notifications
shall include the name and address of the applicant, the location of the
proposed use and abbreviated description of the proposed use, an announcement
as to where and at what times the complete application may be reviewed and to
whom and by what date interested parties may communicate their positions
concerning the application and any data that they may have developed in
reference to the effects of the proposed use. The Planning Board shall review
the application and all information received under 304-87 through 304-89.
304-95. Criteria for approval of development in
flood-fringe area.
In reviewing the application and arriving at
findings, the Planning Board shall consult with the Borough Engineer and other
experts and consider the following criteria which the applicant shall document
in addition to those set forth in 304-87 through 304-89.
A. The danger to life and property to increased flood heights or
velocities caused by encroachments.
B. The danger that materials may be swept onto other lands or
downstream to the injury of others.
C. The proposed water supply and sanitation systems and the insulation
of these systems from disease, contamination and unsanitary conditions
resulting from flooding.
D. The susceptibility of the proposed use to flood damage and
the effects of such damage.
E. The need for a location on a stream, river or other waterway.
F. The availability of alternate locations not subject to
flooding.
G. The duration, rate of rise and sediment transport of
floodwaters expected at the site.
H. The safety of access to the property in time of flood for
ordinary and emergency vehicles.
I. The extent to which the hydraulic capacity of the floodway
will be disrupted.
J. The degree to which the proposed use serves the general
public's health, safety and welfare.
K. The degree to which any aspect of food chain or plant,
animal, fish or human life processes are affected adversely within or beyond
the proposed use area.
L. The degree to which the proposed activity alters natural
water flow or water temperature.
M. The degree to which the proposed use provides facilities for
the proper handling of litter, trash, refuse and sanitary and industrial waste.
N. The degree to which archaeological or historic sites and
structures, endangered or rare species of animals or plants, high quality
wildlife habitants, scarce vegetation types and other irreplaceable land types
would be degraded or destroyed.
O. The degree to which the natural, scenic and aesthetic values
at the proposed activity site can be retained.
P. The degree to which materials not subject to major damage by
floods are firmly anchored to prevent flotation and/or are readily removable
from the area within the time available after flood warning.
304-96. Burden of proof.
No application for development within the
flood-fringe area shall be approved unless it is affirmatively established that
the proposed development is compatible with the public safety, health and
welfare and that it will not endanger public and private property, wildlife and
fisheries or the natural environment of the floodplain.
304-97. Conditions of approval for permitted uses.
The Planning Board shall impose such
conditions to approval as it deems necessary to promote the public safety,
health and welfare, to protect public and private property, wildlife and
fisheries, and to preserve, protect and enhance the natural environment of the
floodplain.
A. General conditions. These conditions may include but are not
limited to the following:
(1) Modification of waste disposal and water
supply facilities.
(2) Imposition of operational controls,
sureties, deed restrictions, and maintenance bonds.
(3) Requirements for construction of stormwater detention facilities, channel modifications,
dikes, levees and other protective measures.
(4) Installation of an adequate flood warning
system.
(5) Postponement of development until such
time as protective measures are installed.
B. Specific conditions. Where applicable, the Planning Board
shall condition approval as follows:
(1) Fill shall be no lower than one foot
above the flood hazard design elevation and shall extend at such height for a
distance of at least 15 feet beyond the limits of any structure erected
thereon.
(2) Structures on fill shall be built so that
the basement or, in the event there is no basement, the lowest floor level, is
at a minimum of one foot above the flood hazard design elevation.
(3) Structures not placed on fill shall be
otherwise elevated so that the first floor is at a minimum of one foot above
the flood hazard design elevation or shall be floodproofed
as set forth in Subsection B(4) below. Floodproofing
alone shall not be adequate for residences, hospitals, nursing homes, schools,
day-care centers, food and drinking establishments, places of public
accommodations and similar uses.
(4) Floodproofing
measures shall be consistent with the flood protection elevation for the
particular area, flood velocities, durations, rates of
rise, hydrostatic and hydrodynamic forces and other similar factors. The
Planning Board shall require the applicant to submit a plan or document
certified by a registered professional engineer that the floodproofing
measures are consistent with the flood hazard design elevation and associated
flood factors. Any or all of the following proven measures may be required:
(a)
(b) Installation of watertight doors,
bulkheads, and shutters or similar devices.
(c) Reinforced walls to resist water
pressures.
(d) Use of paints, membranes or mortars to
reduce seepage of water through walls.
(e) Addition of weight to structures to
resist flotation.
(f) Installation of pumps to lower water
levels in structures.
(g) Construction of water supply and waste
treatment systems in a manner which prevents the entrance of floodwaters.
(h) Pumping facilities, or comparable
measures, for the subsurface drainage systems of buildings to relieve external
foundation wall and basement flood pressures.
(i) Construction
that resists rupture or collapse caused by water pressure or floating debris.
(j) Installation of valves or controls on
sanitary and storm drains which will permit the drains to be closed to prevent
backup of sewerage or stormwaters into the structure.
Gravity drainage of basements may be eliminated by mechanical devices.
(k) Location of all electrical equipment,
circuits and installed electrical appliances in a manner which will assure they
are not subject to inundation and flooding.
(l) Storage facilities for chemicals,
explosives, buoyant materials, flammable liquids or other toxic or hazardous
materials shall be situated above the flood hazard design elevation and shall
be floodproofed to prevent flotation of storage
containers or damage to storage containers which could result in the escape of
toxic materials into the floodwaters.
(m) Use of construction materials which are resistant
to water damage.
304-98. Prohibited uses in channels, floodways and
flood-fringe areas.
No person shall hereafter engage in, cause or
permit other persons to engage in prohibited uses within a delineated
floodplain. The following uses shall be prohibited:
A. Placing, depositing or dumping any vehicles, solid waste,
garbage, refuse, trash, rubbish or debris.
B. Dumping or discharging untreated domestic sewerage or
industrial wastes, either solid or liquid.
C. The storage or disposal of pesticides.
D. The storage or processing of materials that
are in time of flooding buoyant, flammable or explosive.
E. The storage or processing of hazardous materials that could
be injurious in time of flooding to human, animal or plant life.
304-99. Preexisting nonconforming structures and
uses.
A. Existing structures or uses.
(1) Structures or land uses in any flood
plain which existed on or before the effective date of this chapter may be
permitted to continue subject to the following conditions:
(a) If any preexisting structure is destroyed
by any means, including floods, to an extent of 50% or more of its replacement
cost at time of destruction, it shall not be reconstructed, except in
conformity with the provisions of this chapter.
(b) No preexisting structure shall be moved,
expanded or enlarged unless the provisions of this chapter are complied with.
This provision does not apply to routine maintenance and repair, provided that
such maintenance and repair does not increase the flood damage potential of the
structure.
(2) In any portion of the floodplain, an
existing nonconforming use or structure may be altered or expanded, provided
that such alteration or expansion does not increase its ground coverage or
flood damage potential.
B. If actual construction of a structure is underway on or
before the effective date of this chapter, then such construction may be
completed. Actual construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner. The provisions of Subsection A above shall
apply to such structures upon completion of construction.
C. Structures in the floodway abandoned for six consecutive
months or longer and structures abandoned for 12 consecutive months or longer
in the flood-fringe area after the effective date of this chapter shall not
qualify as preexisting uses.
304-100. Flood insurance.
Flood insurance, in accordance with the
National Flood Insurance Program of the United States Department of Housing and
Urban Development, shall be required for all development in the floodplain.
ARTICLE XV, Miscellaneous
304-101. Repealer.
The Revised Zoning Ordinance of the Borough
of Matawan adopted
304-102. Interpretation.
In applying and interpreting the provisions
of this chapter, all provisions shall be held to minimum requirements adopted
for the promotion of public health, safety, morals, convenience and general
welfare.
304-103. Construction in progress.
Any building or structure, the erection of
which has been authorized by a building permit issued by the Construction
Official prior to the passage of this chapter, may be completed in accordance
with the provisions of the zoning ordinance in effect at the time when such
permit was granted and may be used for the purpose designated in the plans and
in such building permit.
304-104. Violations and penalties.
For every violation of the provisions of this
chapter, the owner, contractor or other person or persons interested as lessee,
tenant or otherwise, in any building or premises where such violation has been
committed or shall exist, and who refuses to abate the violation within five
days after written notice has been served upon him, either by certified mail or
by personal service, shall for each and every violation, be subject to a fine
of not more than $1,000, or imprisonment in the county jail for a term of not
exceeding six months, or a period of community service not exceeding 90 days,
or any combination thereof, at the discretion of the court or judicial officer
before whom a conviction may be had. Each and every day that such violation
continues after such notice shall be considered a separate and distinct
violation of this chapter.
