HomeMy Public PortalAbout98:04No.
Councilman Presents the following Ordinance Seconded by Councilman
/t. HH~l:l~ AND RI~OD~ CHAFI'ER 160 OF THE OODE
OF THE BOROi.IGH OF CAffl'12zEr, I~ITYDFr} "LA~ DEVELOP'
ARTICLE I
GENERAL PROVISIONS
Section 160-3. Definitions.
Amend Section 160-3A as follows:
The definitions set forth in the Municipal Land Use Law (N.J.S.A. 40:55D-3 thru 40:55D-7)
are incorporated herein by reference and shall prevail unless the context clearly indicates a
different meaning. For the purposes of this chapter, additional definitions pertinent to
specific subject matters are as follows:
Amend Section 160-3A by inserting the following additional definitions and amending or replacing
existing definitions as follows:
ADULT BOOKSTORE - A commercial establishment that, as one of its principal business
purposes, offers for sale or rental, books, magazines, photographs, newspapers, pictures,
tapes or films that are distinguished or characterized by their emphasis on matter depicting,
describing or relating to sexual activities or anatomical genital areas.
ADULT ENTERTAINMENT ESTABLISHMENT - A commercial establishment, with or
without a liquor license, that features topless dancers, go-go dancers, strippers or similar
entertainers for viewing by patrons. Food and beverages may be prepared or dispensed as an
accessory use to the principal use.
ADULT NOVELTY SHOP - Any business that offers for sale or rent, devises, implements,
and other sexual paraphernalia which is designed to sexually stimulate.
BUILDING PERMIT - The permit issued by the Construction Code official to insure that
the structure complies with the Uniform Construction code, this chapter, and other state,
county and local ordinances applicable to the construction itself, upon payment of the fees
required by borough ordinances.
BUFFER AREA - Amend the existing definition by adding the following: Such area may
contain fences, underground utilities and earth berms but shall not include any principal or
accessory building or use, parking areas and aisles or storage areas, except that driveways
providing access from the street onto the site and which extend through a front yard buffer
may be included. Approved signs may also be placed in a required buffer.
CHILD CARE CENTER - An institution offering the provision of supplemental parental
care and supervision for Unrelated children, on a regular basis during part or all of the day,
under license by the New Jersey Department of Human Services. The term "child-care
center", as used herein, includes the terms "infant-care center", "day nursery", "day-care
center", "nursery school, or s'milar.
COIVIPLETE APPLICATION - An application form completed as specified by ordinance and
the rules a~.d regulations of the Planning Board or Zoning Board of Adjustment, and all
accompanying documents required by ordinance for approval of the application for
development.
," PAGE~2 _
NC. ~8-4
DETENTION BASiN - Those areas which exist or are created for the temporary storage of
stormwater and controlled discharge of this water to a receiving drainage system.
DISTRICT OR ZONE - Any portion of the territory of the Borough of Carteret within which
certain uniform regulations and requirements, or various combinations thereof, apply under
the provisions of this chapter.
DWELLiNG, TWO-FAMILY - Replace the existing definition with the following: A
building occupied or intended for occupancy as separate living quarters for not more than
two (2) families, with separate access, cooking, sleeping and sanitary facilities for the
exclusive use of the occupants of each unit, which units are separated from each other by
vertical walls to the underside of the roof or by horizontal floors; also referred to as "duplex
DWELLING, TOWNHOUSE - Replace the existing definition of "townhouse" with the
following definition: A one-family dwelling in a row of units in which each unit has its own
front and rear access to the outside, no unit is located over another unit, and each unit is
separated from any other unit by one (1) or more common fire-resistant walls.
DWELLING, GARDEN APARTMENT - Replace the existing definition of "garden
apartments" with the following definition: One (1) or more multiple-family buildings with
dwelling anits located one above the other, but not to include more than two (2) such units
and side-to-side units, containing off-street parking, landscaped areas and other appurtenant
facilities as more fully required herein.
DWELLING, MULTI-FAMILY - A building containing three or more dwelling units,
including units that are located one over the other.
DWELLING UNIT - Replace the existing definition with the following: One (1) or more
moms occupied or intended for occupancy as separate living quarters by one (1) family or
household, provided that access is directly from the outside or through a common hall and
that cooking, sleeping and sanitary facilities are provided within the dwelling for the
exclusive use of the occupants.
ELEEMOSYNARY AND CHARITABLE INSTITUTIONS - The same as philanthropic
ESSENTIAL SERVICES - The erection, construction, alteration or maintenance, by public
utilities, or a municipal or other government agency, of electrical, gas, water transmission
or distribution systems or collection, communication, water supply or sewage treatment and
collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and
other similar equipment and accessories in collection therewith, reasonably necessary for the
furnishing of adequate services by such public utilities or municipal or other governmental
agencies for the public health, safety or general welfare, but not including buildings.
FAMILY - Replace the existing definition with the following: Any number of persons
related by blood, marriage or adoption or living together as a single housekeeping unit.
FLOOD HAZARD AREA - Replace the existing definition with the following: The rivers
or other watercourses and adjacent land areas subject to inundation, as defined by the New
Jersey Department of Environmental Protection and Energy, in the case of the design flood.
These areas include but are not necessarily limited to the floodway and flood fringe areas as
delineated on the Flood Insurance Study for the Borough of Carteret, with accompanying
Flood Insurance Rate Maps and Flood Boundary Maps prepared by the Federal Emergency
Management Agency.
HOME OCCUPATION- Add the following to the definition:
(4) (e) A home occupation may be open to the public between 8:00 A.M. and
8:00 P.M. but shall not be open on Sundays and legal holidays.
(5) Includes the following and other clearly similar type uses:
(a) Musical, voice, dance, acting, art, and tutoring limited to one pupil at
a time.
(b) Studio art, painting, graphics and drafting.
(c) Typing resume service and other related services.
(d) Newspaper routes.
(e) Home office of resident of premises.
NO. 98-4 PAGE__ 3
(6) Prohibits the following and ~ther clearly similar type uses:
...._ (a) Medical and dental offices.
Co) Barber shops and beauty parlors.
(c) Catering and delivering services.
(d) Fomme telling parlors.
(e) Boarding homes, bed and breakfast or tourist homes offering lodging
on a temporary basis.
(i) Music and dancing schools.
(g) Motor vehicle and lawn motor repairs.
IMPERVIOUS COVERAGE - Any material which reduces or prevents absorption of
stormwater into land and which reduces percolation to a rate slower than one hundred twenty
(120) minutes per inch.
IMPROVED LOT COVERAGE - The percentage of lot area which is improved with
principal and accessory buildings, structures and uses, and including but not limited to
driveways, tennis courts, parking areas, garages, walkways, patios, loading areas, hard
surfaces or other man-made improvements. Detention or retention basins shall be excluded
from such calculations, provided that the same is constructed of natural materials.
LOADING SPACE or LOADING AREA - An off-street space or berth on the same lot with
a building or a group of buildings, for temporary parking of a commercial vehicle while
loading or unloading materials or equipment.
LOT - Replace the existing definition with the following: A designated parcel, tract or area
of land established by a plat or otherwise, as permitted by law, and to be used, developed or
built upon as a unit.
PATIO - A level, landscaped, and/or surfaced area directly adjacent to a principal building,
which will be no more than one (1) step up, as defined by BOCA, at its maximum distance
from the finished grade. Such structures which axe more than one (1) step up, as defined by
BOCA, shall be considered a deck.
PERFORMANCE STANDARD - A criterion established to control noise, odor, smoke, toxic
or nontoxic matter, vibration, fire and explosion hazards, glare or heat generated by or
inherent in uses of land or buildings.
RETAIL TRADE - An establishment engaged in selling goods or merchandise to the general
public and rendering services incidental to the sale of such goods.
RETENTION BASIN - Those areas which exist or are created for the storage of stormwater
and absorption of this water into the ground.
,..,. RESEARCH, EXPERIMENTAL AND TESTING LABORATORIES - An establishment
or other facility for copying or investigation in the natural, physical or social sciences, or
engineering, and development as an extension of investigation with the objective of creating
end products.
RETAIL SHOPPING CENTERS - Integrated commercial developments consisting of such
uses as retail stores and shops, personal service establishments, department stores,
professional and business offices, banks, post offices, restaurants, theaters, and auditoriums
housed in an enclosed building or buildings and utilizing such common facilities as customer
parking areas, pedestrian walks, truck loading and unloading space, utilities and sanitary
facilities and other necessary and appropriate accessory uses, subject to and in conformance
with the regulations cited herein.
SATELLITE DISH ANTENNA - A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving radio waves.
PAGE
NO. c~'8-/4 __
SERVICE ESTABLISHMENTS - Service establishments shall include the following:
(1) BUSINESS SERVICES - Establishments primarily engaged in rendering
services to business establishments on a fee or contract basis, such as
advertising and mailing, employment services, management and consulting
services, development and testing, photo-finishing, copying and supply
services.
(2) PERSONAL AND HOUSEHOLD SERVICES - Establishments primarily
engaged in providing personal/household services, including photographic
studios, beauty shops, barbershops, shoe repair, clothing repair and rental
shops; on-premisses repair of small household appliances; and instructional
classes limited to dance, karate and similar activities, music and ceramic
classes; provided, however, that mortuary services and dry-cleaning
establishments are specifically excluded.
WAREHOUSE - A building used primarily for the storage of goods and/or materials.
WETLANDS - Those areas that are inundated by surface or ground water with a frequency
sufficient to support and, under normal circumstances, that do or would support a prevalence
of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for
growth and reproduction. "Wetlands" include but are not limited to swamps, marshes, bogs
and similar areas such as slough, potholes, wet meadows, river overflows, mud fiats and
natural ponds. "Wetlands" shall include but not limited to, those shown on the United States
Department of Interior wetlands maps or similar maps published by the New Jersey
Department of Environmental Protection.
YARD, FRONT - Amend paragraph (1) as follows:
(1) In any required "front yard," except in industrial zones~ no ~'ence or wall shall be
permitted which materially impedes vision across such yard abo~,e the height of three
(3) feet and no hedge or other vegetation shall be permitted which materially impedes
vision across such front yard.
ARTICLE III
ZONING BOARD OF ADJUSTMENT
Section 160-26. Expiration of variances.
The existing paragraph in S. 160-26 should be designated as S. 160-26A. Its reference to a nine month
expiration date for a variance should be amended to a one (1) year period.
The following paragraph is inserted as a new S.160-26B:
The Board of Adjustment may exercise its power to extend the time within which the use
may be commenced upon a showing of good cause after a hearing held upon notice to all
parties who would have been entitled to notice of the original application.
ARTICLE V
APPEALS
Section 160-40. Appeals from Planning Board to Governing Body.
Delete this section in its entirety.
Section 160-41. Appeals from Zoning Board of Adjustment to Governing body.
This section is amended to read as follows:
An appeal from any decision of the Zoning Board of Adjustment granting a use variance
pursuant to the provisions of N.J.S.A. 40:55D-17 may be taken to the Governing Body,
provided that such appeal shall be made within ten (10) days of the date of publication of
such final decision of the Zoning Board of Adjustment.
' ¢8-4 PAGE__
NO.
ARTICLE VII
SUBDIVISION REGULATIONS
Section 160-49. Final Plat.
S.160-49B is amended to require the submittal of "an original tracing and fifteen copies ora final
plat..."
ARTICLE VIII
SITE PLAN REVIEW
Section 160-51. Sketch Site Plan.
S. 160-51A is amended to indicate that a total of fifteen copies of a sketch plan shall be submitted
together with three (3) copies of the site p an application form.
S.160-51E is amended to indicate that two (2) copies of the signed and approved site plan shall be
forwarded to the applicant within ten (10) days of approval of said application.
Section 160-52. Preliminary Site Plan.
Section 160-52A is amended to indicate that a total of fifteen copies of a preliminary site plan shall
be submitted with an application for preliminary approval.
Section 160-53. Final Site Plan.
Section 160-53B is amended to indicate that a total of fifteen copies of a final site plan shall be
submitted with an application for final site approval.
Section 160-54. Exemptions
Delete existing Section 160-54E and insert new Section 160-54E as follows:
Site plan review shall not be required for accessory uses to single-family or two-family
dwellings, such as a private garage, tool-house, garden and private green houses, swimming
pools and other similar uses or other similar improvements as accessory uses to a principal
use. The exceptions listed herein shall not be applicable to planned development groups.
Section 160-54F is to be replaced with the following:
F. Site plan approval shall also not be required where:
(1) Minor repairs to the interior of a building do not involve a structural change
or enlargement of the building, as determined by the Construction Official;
(2) Renovations or alterations to the exterior design of a building or structure do
not involve any enlargement of the building or major structural change, as
determined by the Construction official.
Insert a new Section 160-54G as follows:
G. Site plan review shall be required for all other uses, including use of a vacant parcel.
Insert a new Section 160-54H as follows:
H. The Construction Official, at his discretion, may refer any application for a building
permit to the approving authority for site plan approval, Subsection F(1) and F(2) of
this section notwithstanding, where, in the Official's judgement, the construction
reconstruction, alterations or change of use or occupancy will affect intensity-of-use,
circulation, water supply, sewage disposal, garbage compactors, drainage,
landscaping, signs, lighting, off-street parking or loading or the lack of any or all of
these factors, environmental factors, and other considerations as specified in this
chapter.
Insert a new Section 160-54I as follows:
I. Except as provided in Subsection FI~I) and F(2) of this section, all construction,
reconstruction, alteration or enlargement o fa building, structure or use or a change
of nsc or occupancy on or in a nonconforming structure, use or lot shall require site
plan approval.
' N~. '~'8-4 PAGE--6
ARTICLE 1X
CONDITIONAL USES
Section 160-56. Criteria For Review.
Insert a new Section 160-56D as follows:
D. The conditions applicable to indivldual permitted conditional uses are set forth in
Article XV herein.
Section 160-58. Consideration of Public Convenience.
Delete this section in its entirety.
Section 160-59. Time Limit For Implementation Of Approval.
Delete this section in its entirety.
ARTICLE XI
GUARANTIES AND INSPECTIONS
Section 160-63. Installation of Improvements.
Section 160-63 is replaced in its entirety with the following:
A. Installation of imvrovements prior tO final subdivision aporoval.
(1) Prior to the filing of an application for final subdivision approval, the
applicant shall have installed the improvements required herein under the
supervision and inspection of the Borough Engineer, except that the Borough
Council may accept a performance guaranty to assure the installation of the
final bituminous concrete street surface course, monuments, shade trees,
sidewalks, stop signs, topsoil, seeding, fertilizing and mulch.
(2) No performance guaranty shall be considered filed or accepted for filing with
the Borough Clerk unless and until the following conditions are met:
(a) Final construction plans and an estimate of the cost of construction
have been filed with the Borough Council.
Co) The Board Engineer shall have certified in writing to the Planning
Board that the amount thereof is sufficient to assure the completion
of the improvements and compliance with the tree protection and
removal plan and the soil erosion and sediment control plan.
(c) The Borough Attorney shall have approved the sufficiency of the
form and execution of said performance guaranty.
(d) The Borough Council shall have approved the qualifications of the
surety and stipulated the duration of said guaranty.
B. Installation of imvrovements prior to final site vlan anproval. Prior to the filing of
an application for final site plan approval, the applicant ~hall have installed any
public on-tract improvements described herein as may be required in connection with
the site development; provided, however, that the Borough Council may accept
performance guaranties for the later installation of improvements. Also, prior to the
filing of an application for final site plan approval, the applicant shall have installed
any on-site improvements specified herein as the Planning Board may determine are
necessary prior to building constructmn.
~ '98-4 PAGE_ 7
NO.
C. lll~tallation in Accordance with Preliminary Plat or Site Plan. All improvements shall
be installed in accordance with the approved preliminary plat or site plan, except that
the Board Engineer may, prior to construction, approve minor variations which site
~ conditions may require. If major revisions are involved, a revised preliminary plat or
plan shall be submitted to and approved by the Planing Board prior to
commencement of construction.
D. Off-tract improvements. Also prior to the filing of an application for final subdivision
or site plan approval, the applicant shall have paid his pro-rata share of the cost of
any off-tract improvements necessitated by his development as determined in
accordance with the requirements set forth herein.
E. Requirements for as-built plans.
(1) Prior to the acceptance by the Borough of any improvements installed for any
subdivisions, the subdivider shall furnish to the Board Engineer as-built plans
for the following drawn on translucent cloth or its equivalent on sheets not
larger than twenty-four by thirty six (24 X 36) inches, at a minimum scale of
one (1) inch equals fifty (50) feet horizontal and one (1) inch equals five (5)
feet verticah
(a) Roads (plans and profiles showing design elevations and center-line
gradients and as-built elevations along road center line at fifty-foot
stations and as-built center-line gradients).
(b) Surface and storm water drainage (plans and profiles for facilities in
roads and easements and showing pipe sizes, invert elevations, top or
rim elevations and pipe gradients).
(c) Sanitary sewers (plans and profiles for facilities in roads and
easements and showing pipe sizes, invert elevations, top or rim
elevations and pipe gradients).
(d) Water mains, gas mains, underground electric conduits and
underground telephone conduits (plans and profiles for facilities in
roads and easements).
(2) All of the foregoing improvements and utilities may be shown on the same
location plan with appropriate legends.
.- F. Inspection. All of the improvements listed herein shall be subject to inspection and
approved by the Board Engineer, who shall be notified by the developer at least
seventy-two (72) hours prior to the sta~ of construction. No underground installation
shall be covered until inspected and approved by said Engineer. The agreement shall
provide that the applicant shall reimburse the borough for all reasonable inspection
fees paid to the Engineer for the inspection of any improvements and construction.
G. goad opening and acceptance.
(1) No person, firm or corporation shall clear or improve any land for a street
right-of-way, road or avenue which has or may be dedicated to public use and
which is not an accepted street until a permit has been previously obtained
from the Borough Council authorizing such clearing or improvement.
(2) The approval of any plan by the Planning Board shall in no way be
considered as an acceptance of any street, nor shall such approval obligate the
governing body to maintain or exercise jurisdiction over such street, road,
right-of-way or avenue.
NO. ~8-~ PAGE~ --
(3) Before the acceptance of any road, street or avenue by the Borough Council:
(a) As-built plans of all road improvements shall be filed with the
Borough Clerk.
(b) An affidavit shall be made by the developer or owner certifying that
all the costs incurred in construction of the completed road have been
paid in full.
(c) All deeds of ownership or easement and all other instruments
required as a condition shall be submitted in proper from to the
Borough of Carteret and approved by the Borough Attorney.
(d) Payment of the road acceptance fee as set forth herein shall be made
to the Borough of Carteret.
(4) No certificate of occupancy shall be issued for the occupancy of any building
in any development for which subdivision approval has been obtained from
the Planning Board unless and until all improvements required to be made
have been installed, including gas and electric service, water, sewer and
paved roads; provided, however, that such certificate of occupancy may be
issued i fall the aforesaid improvements have been made with the exception
of the final bituminous concrete surface course of the road on which the
building or structure faces.
Section 160-64. Guaranties.
Section 160-64 is to be replaced in its entirety with the following:
A. Performance euarantee.
(1) The performance guaranty shall be in favor of the Borough of Carteret in an
mount equal to one hundred twenty percent (120%) of the cost of such
improvements. At least ten percent (10%) of the performance guaranty shall
be in the form of cash or a certified check made payable to the Borough of
Carteret.
(2) The performance guaranty shall be approved by the Borough Attorney as to
form, sufficiency and execution. The performance guaranty shall enumerate
all required improvements in detail, setting forth the amount, quantity and
specification of all items. Such performance guaranty shall run for a period
to be determined by the Borough Council.
(3) Any cash or certified check furnished as a performance guaranty in favor of
the Borough shall be held in escrow by the Borough Treasurer and deposited
or invested in the manner prescribed by law for municipal funds, the principal
amount to be refunded to the obligor upon release fi.om liability or reduction
in the amount of the performance guaranty.
(4) If the required improvements have not been installed in accordance with the
performance guaranty, the obligor and surety shall be liable thereon to the
borough for the reasonable cost of the improvements not installed or
improperly installed, and, upon receipt of the proceeds thereof, the Borough
shall install such improvements. The cost of such improvements shall first be
paid from the certified check required above.
B. Time of ~uaranW. The performance guaranty shall run for a term not to exceed
eighteen (18) months from the date of final approval. With the consent of the
principal, the performance guaranty may be extended by the goveming body after the
recormnendation by the Planning Board by resolution for an additional period, not
exceeding eighteen (18) months.
C. Extension of time. The time allowed for installation of the improvements for which
the performance guaranty has been provided may be extended by the Borough
Council by resolution. As a condition or as part of any such extension, the amount
of:my performance guaranty shall be increased or reduced, as the case may be, to an
amount not to exceed one hundred twenty percent (120%) of the cost of the
installation as determined as of the time of the passage of the resolution.
9B-4 PAGE 9
NO.
D. ComoletionX)f morovements: re~Lg~lign of t~efformance guaranty.
(1) Upon substantial completion of all required appurtenant utility improvements
~ and the connection of the same to the public system, the obligor may notify
the Borough Council in writing, by certified mail, addressed in care of the
Municipal Clerk, of the completion or substantial completion of
improvementS and shall send a copy thereof to the Borough Engineer.
Thereupon, the Borough Engineer shall inspect all improvements of which
such notice has been given and shall file a detailed report, in writing, with the
Borough Council indicating either approval, partial approval or rejection of
such improvements, and a statement of the improvements as approved or
rejected shall be set forth.
(2) The Borough Council shall either approve, partially approve or reject the
improvements on the basis of the report of the Borough Engineer and shall
notify the obligor in writing, by certified mail, of the contents of said report
and the action of the Borough Council with relation thereto not later than
sixty-five (65) days after receipt of the notice from the obligor of the
completion of the improvements. Where partial approval is granted, the
obligor shall be released from all liability pursuant to its performance
guaranty, except for that portion adequately sufficient to secure provision of
the improvements not yet approved, provided that thirty percent (30%) of the
amount of the performance guaranty posted may be retained to ensure
completion of all improvements. Failure of the governing body to send or
provide such notification to the obligor within sixty-five (65) days shall be
deemed to constitute approval of the improvements, and the obligor and
surety, if any, shall be released from all liability pursuant to such performance
guaranty for such improver~ents.
E. Developer's avreement. Prior to any construction and coincident with the furnishing
of the performance guaranty by the developer, there shall be drafted an agreement
between the developer and the Borough of Carteret incorporating all of the terms and
conditions of approval imposed by the Planning Board. The developer's agreement
shall be drawn by the Borough of Cartaret and shall be executed by the owner and the
developer.
F. ~. Prior to the release of the performance guaranty or in the event
that all improvements are installed by the developer in lieu of posting a performance
guaranty prior to final approval, the developer shall post with the Borough of Carteret
a maintenance bond in accordance with borough specifications, in a form acceptable
to the Board Attorney. The maintenance bond shall amount to fifteen percent (15%)
of the cost of installing all improvements and completion of all plans within the
development as determined by the Board Engineer. Said maintenance bond shall mn
for two (2) years after the acceptance of said street, road or avenue by the Borough
'~ Council; provided, however, that in the case of developments on private roads as
permitted and related heroin, said maintenance bond shall nm for two (2) years after
the completion of installing all improvements and after final approval.
ARTICLE XIII
PLAT AND SITE PLAN DETAIL REQUIREMENTS
Section 160-68. Sketch Plat.
Insert the following subsection as follows:
Y. A letter from the Tax Collector stating that all taxes and assessments for local
improvements on the property are paid to date.
N~). 9'8-4 PAGE
Section 160-69. Preliminary Plat.
Amend Section 160-69.O as follows:
O. The drainage runoff direction on each proposed lot, indicated by arrows; a
preliminary grading plan showing final contours superimposed over existing
conditions.
Amend Section 160-69R as follows:
R. Plans and profiles of proposed utility layouts (sanitar3, sewers, storm drains, water,
gas, and electricity) showing connection to existing or any proposed utility systems,
including sizes and types of materials.
Amend Section 160-69X as follows:
X. The zone district(s), with a listing of minimum bulk requirements, and required
building setback lines.
Amend Section 160-69 to include the following two additional submittal items, as subsections AA
and BB:
AA. Environmental Impact Statement: The preliminary plat shall be accompanied by an
environmental impact statement in accordance with Article XVII1 and shall include
the following:
(1) Topography
(a) A topographic map showing two foot contours and reflecting the
following ranges of slope: 0 to 8%; 8 to 15%; 15 to 25%; 25% and
over.
(b) Said topographic information shall be based on actual field survey or
other equally reliable source.
(2) All flood hazard areas, lakes, ponds, marshes, swamps and streams.
(3) Soil data from the Soil Survey of Middlesex County, as follows: a map
showing each soil type and soil symbol; maps, charts or tables reflecting
interpretations of each soil type as contained in the Soil Survey of Middlesex
County for depth to bedrock, depth to seasonal high water table, limitations
for foundations for dwellings with basements andIor without basements,
septic tank absorption field limitations, and limitations for local roads, streets
and parking lots.
BB. A letter from the Tax Collector stating that all taxes and assessments for local
improvements on the property are paid to date.
Section 160-70. Final Plat.
Amend Sections 160-70C and D as follows:
C. The date of the original drawing and date of all revisions.
D. A key map showing the entire subdivision in relation to the surrounding one-fourth
mile radius, at a scale of not less than 1"= 1000'.
Section 160-73. Preliminary Site Plan.
Amend Section 160-73A to include the following required submittal items, to be enumerated as
Sections. 160-73A 14 thru 18:
14. Block and Lot numbers of site;
15. Name and address of owner and applicant;
Zone district(s) and applicable area and bulk requirements and submittal's level of
16. compliance, and zone districts of surrounding area;
17. A letter from the Tax Collector stating that all taxes and assessments for local
improvements on the property are paid to date;
18. Elevations at comers of all buildings.
NO. _~:~- PAGE_
Amend Section 160-73 with the addition of new Section 160-73F as follows:
F. Environmental Impact Statement. The preliminary site plan shall be accompanied
by an environmental impact statement in accordance with Article XVIII and shall
include all of the information as set forth therein and in Section 160-69AA.
ARTICLE XIV
DESIGN AND PERFORMANCE STANDARDS
Section 160-77. Buffers.
The fourth sentence in this section shall be amended as fcdows:
No structure, activity, storage of materials or parking of vehicles shall be permitted in a
buffer area, except as provided herein.
Section 160-81.1. Fences.
Amend the first sentence in Section 160-81.1B to read as follows:
B. Intersections. At the intersection of two (2) or more streets, no wall, fence, hedge or
other structure shall be erected to a height in excess of 30 inches above curb level,
nor shall any other obstruction to vision be permitted within the triangular area
formed by the intersecting street lines at points which are twenty-five(25) feet distant
from the point of intersection, measured along said street line.
Amend the first sentence in Section 160-81.1C to read as follows:
C. Height. On any lot in any residence district, no wall, fence or hedge shall be erected
or altered so that said wall or fence shall be over three (3) feet in height in the front
yard or over six (6) feet in height in the side or rear yards, except that tennis courl
fences may have a maximum height of twelve (12) feet.
In Section 160-81.1 F, change the reference from Construction Official to Zoning Officer.
Insert the following sentence at the end of Section 160-81.1 G:
See the BOCA Code for additional requirements.
Section 160-84. Lighting.
The following sentence is to be inserted at the end of this section:
Freestanding and wall mounted lights shall not exceed a height of 25 feet above grade.
Section 160-94. Streets.
The table in Section 160-94E, setting forth the design standards for roadways, shall be amended as
follows:
A primary local street shall have a right of way width of 50 feet.
Add a new Section 160-94P Street Jogs, as follows:
P. Street jogs shall have center line offsets of not less than 125 feet.
Section 160-97.1. Recyclable Requirements.
A new Section 160-97.1 Recyclable Requirements is to be inserted as follows:
A minimum 6 x 8 foot enclosed area shall be provided to accommodate three receptacles for
recyclables, as set forth in the Borough Recycling Ordinance. The area for recyclables shall
not be permitted in any front yard. Containers shall be required as per Borough recycling
ordinance.
12
98-4 PAGE_
NO.___
ARTICLE XV
MISCELLANEOUS PROVISIONS
Section 160-98. Accessory Buildings.
This section shall be amended as follows:
A. No accessory building or structure shall have a ground floor area greater than one
half the ground floor area of the main building or structure on the same lot;
B. No accessory building or structure shall exceed a height of 14 feet;
C. No accessory building or structure shall be permitted in any required front yard;
D. All accessory buildings or structures shall be located a distance from any main
building situated on the same lot, and from side and rear lot lines, equivalent to the
height of the accessory structure;
E. Accessory buildings or structures on comer lots shall not be erected nearer to any
street sideline than the front yard setback required on the lot adjacent to the rear line
of the lot upon whicb the accessory building is located.
F. Satellite Dish Antennas. A satellite dish antemaa with a diameter greater than two (2)
feet may not be mounted on any building or structure, but must be mounted at ground
level in the rear yard of the lot and must meet the setback requirements for accessory
structures as set forth herein. All satellite dish antennas with a diameter in excess of
five (5) feet must be screened with a solid wall or fence at least six (6) feet in height.
Section 160-99. Apartments and Townhouses.
The following sections are added to Section 160-99:
O. Apartments shall meet all of the area and bulk requirements for R-M(G), as set forth
in the Bulk Schedule at the end of this Ordinance.
H. Town.houses shall meet all of the area and bulk requirements for R-M(T), as set forth
in the Bulk Schedule at the end of this Ordinance, and the following:
(1) MinimUm gross lot area: two acres;
(2) Minimum Lot Width: 250 feet;
(3) Minimum Lot Depth: 250 feet;
(4) Maximum Coverage: 40 pement.
Section 160-106. Nursing homes, philanthropic or charitable uses.
Section 160-106A is amended as follows:
A. Nursing homes, etc. shall be required to submit all of the data as required for
preliminary/final site plan submittal.
Section 160-106C is amended as follows:
C. Off-street parking shall be provided at a ratio of one parking space per 0.75 beds for
nursing homes and similar uses, and one space per 400 square feet of flour space for
philanthropic or charitable uses.
Section 160-106D is amended as follows:
D. All off-street parking areas shall be bound by a 10 foot buffer area within which a
visual screen shall be provided consisting of a staggered row of dense plantings.
PAGE_ t3
Section 160-107. Off-street parking and loading.
Section 160-107C is amended with the addition of the following sentence at the end of the section:
A minimum ten foot buffer planted strip shall separate parking areas from the street right of
way line.
Amend Section 160-107D(1) as follows:
(1) All off-street parking areas containing six (6) or more spaces and all off-street
loading areas shall have concrete or Belgian block curbing around the perimeter of
the parking and loading areas and to separate major interior driveways to separate
them from the parking and loading spaces.
Amend the title of Section 160-107E(1) to read: "Dimensions and Requirements for Conventional
and Handicapped Parking."
Replace the first sentence of Section 160-107E(I ) with the following:
Off-stxeet parking spaces shall be 9xl 8 feet in dimension, and the width, of the aisles serving
these spaces shall be as provided in the accompanying table.
Delete the last two columns of the table in Section 160-107E(I).
Amend Section 160-107J as follows:
J. Minimum Parking RequirementS. The minimum parking and loading standards in the
borough are as follows:
sP cEs
Assembly operations I for each 800 square feet of floor area.
kutomobile service stations 4 for each bay.
Banks and saving institutions for each 300 square feet of floor area or 5 for each teller window,
whichever is greater.
Bowling lanes (alleys) 4 for each lane.
Churches and other places of for every 3 seats.
worship
Community buildings, social I for every 3 seats, except where a specific amount of seating is
halls and places of public undetermined, then 1 shall be required for each 150 square feet of
assembly assemblage area.
Funeral homes and mortuaries 15 for each parlor.
Garden apartment~ and multi-family 2.0 for each dwelling unit plus I for every 6 units for visitors parking.
Hospitals 1 for each staff member plus 1 for each 6 beds for visitors parking.
Industrial and manufacturing uses 1 for each 800 square feet.
Laboratories and research uses 1 for every 300 square feet of floor area.
Medical or dental clinics I for each 165 square feet of floor area.
Mixed uses In the same building, parking shall be calculated as the sum of individual
1 space for every day shift employee and staffmembers plus I space for
Nursing homes/convalescent
centers each 5 patient beds.
Offices, other than Medical or dental:
Under 49,999 sq. ft. 4.5 per 1,000 square feet floor area.
50,000 - 99,999 sq. fl. ~,.0 per 1,000 square feet of floor area
100,000 or greater sq.ft. 3.5 per 1,000 square feet floor area.
Residential single-family detached 2.0 for each dwelling
dwellings
Restaurants/night clubs I for every 3 seats and 1 for every employee in the maximum work shift~
14
PAGE.
'NO._ 98-/4
Retail ~lores ~d p,rsonal I for eveU 200 squ~e feet of floor space.
se~ice esublishmenU
Schools, elemen~ I per staff member.
per staffmember, plus I for eve~ 20 smdenu.
Schools, high school
2.0 for each dwelling unit plus I for eveu 6 uni~ for visitors p~king.
1 for eveU 5,000 squ~e feet of floor ~ea.
W~ehouse
O~er uses not provided here~ to be dete~ined by Approv~g Agency.
Add a new Section 106-107-I Off-Street Loading Requirements, as follows:
I. Off-street loading requirements.
Indusu-ial, manufacturing 5,000 40,000
Laboratory, research, 5,000 40,000
commercial
Retail 5,000 20,000
Service establishments 5.000 40,000
Commercial recreation 5,000 100,000
Restaurant 3,000 25,000
Office buildings 5,000 100,000
Funeral home 10,000 I00,000
Residential apartment building 30 dwellings
Institutional, public schools 10,000 I 100,000
Hospital, nursing homes 10,000 I 100,000
Auditoriums, arenas 10,000 100,000
*An additional berth shall be required for each additional amount of square feet as
indicated as required between the need for one and two-berth intervals.
Amend Section 160-107K(2) as follows:
(2) No parking spaces shall be located in any required buffer area or in a required front
yard, and no loading space shall be permitted in a required buffer area or in any front
yard, except for one and two-family dwellings.
Add a new Section 160-107K(5) as follows:
(5) Off-street parking for residential shall not be located closer than ten feet to a front lot
line, nor within five feet of a side or rear line.
NO. 98-4 PAGE 15
Add a new Section 160-107L as follows:
L. Dimensions of Loading Spaces. Loading spaces shall be minimally 12x25 feet in
dimension.
Section 160-113. Signs.
Delete the entire section and insert a new Section 160-i 13 as follows:
A. Definitions
Area of Sign - The area included within the frame or edge of a sign, including the
frame. Where the sign has no such frame or edge, the area shall be computed as
specified by 160-113C herein.
Awning - Any structure made of cloth or metal with a metal frame attached to a
building, projecting over a thoroughfare and so erected as to permit its being raised
to a position fiat against the building when not in use.
Banner - Any temporary sign applied to paper, plastic or fabric of any kind, which
shall be permitted by the Mayor and Council by permit, above a public right-of-way.
Billboard - Any sign erected or maintained for the purpose of displaying outdoor
advertising for products or services provided off-premises.
Canopy - Any structure, other than an awning, made of cloth or metal with metal
frames attached to a building, projecting over a thoroughfare and carried by a frame
supported by the ground or sidewalk.
Erect - To build, construct, attach, hang, place, suspend or affix; also includes the
painting of wall signs.
Facing or Surface - The surface of the sign upon, against or through which the
message is displayed or illuminated on the sign.
Freestanding Sign - Any sign supported by structures or supports that are placed on,
or anchored in, the ground and that are independent from any building or other
structure.
Illuminated Sign - Any sign which has characters, letters, figures, designs or outline
illuminated by electric lights or luminous tubes as a part of the sign proper.
Maintenance - Includes replacement, without substantial change, of any pans or
support of any sign, and the painting, without change of text, design or size of any
sign, without removal of the sign from the wall or structure supporting it.
Marquee - Any hood or awning of permanent construction projecting from the wall
of a building above an entrance and extending over a thoroughfare, including signs
attached thereto, the supports of which are an integral part of the original structure
and which is not retractable.
Pennant - Any lightweight plastic, fabric, or other material, whether or not containing
a message of any kind, suspended from a rope, wire, or string, usually in series,
designed to move in the wind.
Portable Sign - Any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including but not limited to signs
designed to be transported by means of wheels; signs converted to A- or T-frames;
menu and sandwich board signs; balloons used as signs; umbrellas used for
advertising; and signs atlached to or painted on vehicles parked and visible from the
public right-of-way, unless said vehicle is used in the normal day-to-day operations
of the business.
Projecting Sign - Any sign affixed to a building or wall in such a manner that its
leading edge extends more than six inches beyond the surface of such building or
wall.
Roof Sign - Any sign erected, constructed and maintained wholly upon or over the
roof of any building, with the principal support on the roof structure.
NO. 98-4 PAGE 16
Sign - Includes any device, either freestanding or attached to a building or structure
or erected, painted, represented or reproduced upon or in (to the extent provided
herein) any building or structure, which displays, reproduces or includes any letter,
word, name, number, model, insignia, emblem, design, device or representation used
for one or more of the following purposes: to identify the premises or occupant or
owner of the premises; to advertise any trade, business, profession, industry, service
or other activity; to advertise any product or item; to advertise the sale or rental or
use of ali or part of the premises, including that upon which it is displayed; to direct
vehicular or pedestrian traffic, other than state, county or municipal highway and
roadway markers; and shall include any announcement, declaration, demonstration,
display, illustration, insignia or any representation used to advertise or intended to
advertise or promote the interests of any person. In no event shall the word "sign"
be construed to mean any sign in the interior of any structure except as specifically
set forth in this ordinance.
Temporary Sign - Any sign that is not permanently mounted as specifically permitted
by this Article.
Wall Sign - All flat signs of solid-face construction which are placed against a
building or other structure and attached to the exterior front, rear or sidewall of any
building or other structure so that the display surface is parallel with the plane of the
wall. Signs painted on an exterior or a wall shall be deemed to be "wall signs"
subject to this chapter.
Window - Includes any opening in the exterior wall or roof of any structure for the
purpose of admitting air or light, whether or not covered with glass, plastic or other
covering.
Window Space - Includes the aggregate square footage of all windows on any given
side and any given story of any structure, regardless of the angle or angles at which
they are set. In computing window space there shall be included all portions of any
door which contains a window. Window space shall be included in the calculation
of the area of a front facade for the purposes of determining the permitted area for
wall signs.
B. Permit Required; Issuance of Permit; Fees
(1) Application
(a) No sign shall be erected, altered, located or relocated within the
municipality except upon application and the issuance of a permit as
hereinafter provided.
1. Application for a permit for residential signs. Application for
-- a permit for a sign for premises used for residential purposes
shall be made in writing to the Zoning Officer and presented
together with the appropriate filing fee. Such application
shall be sufficient to describe the premises and the location at
which the sign is to be affixed, together with a rendering of
the sign, inclusive of its dimensions, design and color. There
shall also be provided a statement as to the means by which
said sign shall be constructed on the premises. The Zoning
Officer shall act upon such application within fifteen (15)
dass of the receipt thereof.
' '98-4
NO. PAGE 17
2. Application for a permit for nonresidential signs. Application
for a permit for a permitted nonresidential sign conforming
~ to the regulations set forth herein shall be made in writing to
the Zoning Officer. Such application shall be sufficient to
describe the premises and location at which the sign is to be
affixed and shall include at minimum the following items:
[a] The name and address of the applicant;
[b] The name and address of the owner of the premises;
[c] A statement as to whether the owner has consented to
the application, if the applicant is other than the
owner;
[dj A rendering to scale of the sign, reflecting its
composition, colors, dimensions, elevation from grade
level and lighting; the address of the premises;
specification and location of all existing signs; the
sight distances, in the case of freestanding signs, with
relation to access ways to the premises on which such
sign is to be located and adjacent premises; the
information to be stated on sign, and the method by
which said sign shall be secured.
3. Application for a permit for sign which does not comply with
the provisions of this Article shall be submitted to the
appropriate approving authority. Such application shall be in
writing and, upon notice and a public hearing where the same
is required by law, submitted at least twenty-one (21) days
next preceding the succeeding public meeting date of the
appropriate authority, together with a filing fee as hereinafter
set forth. Such application shall be in triplicate and
accompanied by no less than fifteen (15) sketch plats in the
case of an application for a free standing sign, and fifteen (15)
building elevations where the application is for other than a
freestanding sign, each of which shall be drawn to scale and
reflect the sign location and designation. In addition, on such
drawing or separate sheet, the information set forth in 160-
I 13B(l)(b) shall be provided:
(2) Issuance of Permit
(a) A permit shall be issued by the Zoning Officer upon the favorable
action of the approving authority, subject to any other applicable
governmental regulations, or as otherwise provided herein.
(b) A permit for the replacement of an existing sign may be issued by the
Zoning Officer without the necessity of Board approval only upon
satisfaction of all of the following conditions:
1. There is no physical alteration or expansion to the existing
sign beyond the limits permitted herein;
2. The sign conforms in all respects to the ordinance provisions
specified herein;
3. No other signage is proposed to be added to the premises
beyond that which is permitted herein.
NO. 9'8-4 PAGE 18
(3) Exceptions
,~- (a) The provisions and regulations of this Section concerning permits
and fees shall not apply to the following signs:
1. Real estate signs not exceeding twelve (12) square feet in area
which advertise the sale, rental or lease of the premises upon
which said signs are located only;
2. Residential nameplates identifying a single-family residence
and/or street address, not to exceed one (1) square foot in
area;
3. Professional nameplates not exceeding one (1) square foot in
area for lawful occupants of the premises under the Zoning
Ordinance;
4. Bulletin boards or signs not over sixteen (16) square feet in
area for public, charitable or religious institutions when same
are located on the premises of said institutions;
5. A sign identifying the architect, engineer or contractor, when
placed upon a work site under construction, not to exceed
sixteen (16) square feet in area, provided the sign is set back
-- at least fifteen (15) feet from the curb, and further provided
that same are removed within twenty-four (24) hours after
final certificate of occupancy is issued;
6. Memorial signs or tablets, names of buildings and date of
erection when cut into any masonry surface or when
constructed of bronze or other non-combustible materials;
7. Traffic or other municipal signs, legal notices, railroad
crossing signs, danger signs and such temporary, emergency
or non-advertising signs, or signs of any governmental agency
deemed necessary to the public welfare;
8. Flags of the United States, State of New Jersey or other
governmental or quasi-public agencies;
9. Holiday decorations and lights on residential premises;
10. Signs erected to control the movement of traffic on a
premises, provided these signs shall provide traffic directions
only and shall not be used for any advertising purpose. These
'~' signs shall not exceed four (4) square feet in area and shall
have been approved by the appropriate approving agency;
11. Election or political signs provided that said signs are placed
entirely on private property and do not exceed twelve (12)
square feet in area.
(4) Fees. Every applicant before being granted a permit hereunder shall pay to the
Borough of Carteret the permit fee for each such sign or other advertising
structure regulated by this chapter as established in the current schedule of
fees for the Borough of Caneret.
C. Computation Of Sign Area And Sign Height
(1) The following principles shall control the computation of sign area and
height.
NO. 98 -4. PAGE. 1 9
(a) Computation of Area of Individual Signs. The area of a sign face
shall be computed by drawing a square or rectangle that will
-- encompass the extreme limits of the writing, representation, emblem,
or other display, together with the sign frame and any material or
color forming an integral part of the background of the display or
used to differentiate the sign from the backdrop or structure against
which it is placed; or, by delineating the area established by reason of
distinctive variation in background color or by borders, whichever is
greater.
(b) Computation of Area of Multifaced Signs. The sign area for a sign
with more than one face shall be computed by adding together the
area of ail sign faces visible from any one point. When two identical
sign faces are placed back to back, so that both faces cannot be
viewed from any point at the same time, and when such sign faces are
part of the same sign structure and are not more than 42 inches apart
at any point, the sign area shall be computed by the measurement of
one of the faces.
(c) Computation of Height. The height of a sign shall be computed as
the distance from the base of the sign at grade to the top of the highest
attached component of the sign.
(d) Neon signs shall be permitted '/., the size noted above.
D. Regulations Governing Nonresidential Signs
(I) Freestanding Signs
(a) Freestanding signs shall comply to the following:
1. No freestanding sign shall exceed an area of twenty-four (24)
square feet excem as st~ecified in 6160-113J(I);
2. The maximum height of a freestanding sign shall be twenty
feet;
· 3. Freestanding signs shall have an open area not less than three
feet between the base line of said sign and the ground level.
This open space may be filled in with a platform or decorative
latticework which does not close off more than one-half of
any square foot of such open space.
4. Freestanding signs shall be setback minimally ten feet from
the street right-of-way line and ten feet from side lot lines;
5. Only one (1) freestanding sign shall be permitted for any
single development or lot, as the case may be;
6. Except for billboards as reeulated herein, freestanding signs
shall advertise only the permitted use, products or service
located on the premise on which they are placed.
98-4 PAGE 20
(2) Wall Signs
(a) Wall mounted signs shall comply to the following:
1. Wall signs shall advertise only the permitted use, products or
service on the premises on which they are displayed;
2. Each business shall be entitled to only one wall mounted sign
except that, where a building has street frontage on more than
one street, one additiooal sign may be permitted;
3. No wall sign shall cover wholly or partially any wall opening
nor project beyond the eods or top of the wall to which it is
attached;
4. No wall sign shall be permitted to project forward more than
six (6) inches from thc building nor be attached to a wall at a
height of less than eight (8) feet above the sidewalk or
ground;
5. No wall sign shall be erected, relocated or maintained so as to
prevent free ingress to or egress from any door, window or
fire escape;
6. Size and design.
[a] Each commemial use in a building in the Business
Zones shall be entitled to a walI sign, but in no event
shall the total square footage of all wall signs exceed
ten percent of the square footage of the front facade
includin~ windows;
[bi Wall signs shall not exceed two square feet of signage
for every linear foot of the front facade of the portion
of the building occupied by the use being advertise.
[c} The horizontal linear dimensions of wall mounted
signs in the Industrial Zone shall not exceed thirty
percent (30%) of the width of the building wall to
which it is to be affixed. The maximum height of
such sign shall not exceed two (2) feet if the building
wall is forty (40) feet or less in width; two and
one-half feet if the building wall is more than forty
(40) feet but less than eighty (80) feet in width; and
three (3) feet if the building wall is eighty (80) feet or
more in width.
(b) In addition to any sign or signs permitted pursuant to this section, a
sign(s) limited to indicate membership in a retail or professional
organization or credit card or credit association, to show
manufacturers' or required licenses, or advertisements referable to
sales within, shall be permitted to be attached to windows on the
interior of the business use provided that the aggregate area employed
for such purpose shall not exceed twenty percent (20%) of the total
window area on which it is located.
E. Regulations Governing Residential Signs
Residential signs, including name and address plates, professional nameplates, real
estate signs and contractor signs as provided herein, are permitted in accordance with
the size limitations as set forth in 160-I 13B.3. Signs not otherwise in compliance
with these provisions, or as permitted and regulated in 160-113F are prohibited.
F. Temporary Signs
(1) Temporary signs shall comply to the following:
(a) All temporary signage, except as specifically exempted under this
Article, shall require a permit. Said pen'nit shall be valid for a period
not to exceed thirty (30) days from the issuance thereof and may be
renewed for a period oot to exceed sixty (60) days.
NO. '9'8-4 PAGE 21
(b) No temporary sign shall exceed an area of twelve (12) square feet,
provided that temporary signs such as banners which are permitted by
permit by the Mayor and Council within the public right-of-way may
exceed twelve (12) square feet in size.
(c) Insurance for temporary signs may be required by the Mayor and
Council. Any person obtaining a permit for the erection of a
temporary sign, where the Mayor and Council requires insurance,
shall provide proof to the satisfaction of the Building Inspector that
the person, finn or corporation actually doing the erection shall have
in force a public liability insurance policy with limits of no less than
one hundred thousand dollars ($ 100,000.) for property damage and
three hundred thousand dollars ($300,000.) for bodily injury per
occurrence.
(d) Nothing contained herein shall be deemed to permit the erection or
installation of any political signs upon any pole or tree located on
public property or within the public right-of-way within the Borough
of Carteret, and their erection or installation is hereby specifically
prohibited. This section shall not be deemed to prohibit temporary
lawn signs or street bam~ers as set forth elsewhere in this ordinance.
(e) Streamers of flags or pennants and banners shall be permitted as
temporary signs in accordance wilh the permit requirements and time
restrictions set forth in 160-113 F(1)(a).
G. Illumination
(1) No sign shall be an illuminated sign except as provided herein.
(2) No sign shall be illuminated externally by more than one (1) floodlight per
surface of said sign. Such lighting shall be at grade and properly directed and
shielded so as not to produce glare or offensive light offthe property.
(3) Flashing signs, highly reflective glass or fluorescent paint (red or green) and
illuminated tubing outlining roofs, doors, windows or wall edges of a
building are prohibited.
(4) No sign shall be artificially illuminated after 11:00 pm or before 7:00 am
unless said premises are occupied and attended.
~ H. General Regulations For Signs
(1) No sign otherwise lawful under this ordinance shall be prohibited because of
this section.
(2) No sign shall be placed or located or displayed upon any sidewalk or area
between sidewalk and curb, nor shall they project on or over a sidewalk.
(3) No roof sign, often known also as a "sky sign", shall be permitted.
(4) No signs shall be erected or painted or composed of fluorescent or
phosphorescent or similar material.
(5) No sign shall be, in whole or part, moving, mobile or revolving.
(6) No sign shall have more than two (2) colors, inclusive of its background,
frame and decorative parts. For the purposes of this ordinance, black and
white shall be considered colors. Notwithstanding anything herein to the
contrary, in such instance where black or white shall be used in the formation
of a sign as aforesaid, then in such instance either of such may be used as a
third color.
NO, 9~-4 PA6~ 22
(7) Canopies, awnings and marquees with signage embossed upon them shall be
considered to be a business sign
(8) No sign shall be erected, relocated or maintained so as to prevent free ingress
to or egress from any door, window or fire escape. No sign of any kind shall
be attached to a standpipe or fire escape.
(9) No sign or other advertising structure, as regulated by this chapter shall be
erected at the intersection of any streets in such a manner as to obstruct free
and clear vision, or at any location where, by reason of the position, shape
or color, it may interfere with, obstruct the view of, cause an optical illusion
or be confused with any authorized traffic sign, signal or device, or which
makes use of words, phrases, symbols, or characters in such manner as to
interfere with, mislead or confuse traffic.
(10) In order to preserve the basically residential character of this community and
to facilitate the improvement of its commercial and induslrial areas in a safe
and orderly manner, no commercial outdoor advertising signs, billboards or
other signs which are not expressly and directly related to the business being
conducted on the premises and which do not conform to the applicable
requirements and standards set forth in other sections of this chapter shall be
permitted, and all other such commercial outdoor advertising signs,
_ billboards and other nonconforming signs are specifically prohibited. It shall
be unlawful for any person to display upon any sign or other advertising
structure any obscene, indecent or immoral matter.
(1 I) All signs shall be constructed in accordance with the requirements of the
BOCA Code. If the Zoning Officer shall find that any sign is unsafe or
insecure, the Zoning Officer shall give written notice to the owner, agent or
person having the beneficial use of the premises upon which such sign may
be erected. If such owner, agent of person fails to remove or alter the sign so
as to comply with the standards herein set forth within ten (10) days after
such notice, such sign or other advertising structure may be removed or
altered to comply, by the Zoning Officer, at the expense of the owner, agent
or person having the beneficial use of the premises upon which such sign may
be erected. The Zoning Officer may cause any sign or other advertising
structure which is an immediate peril to persons or property to be removed
summarily and without notice.
I. Nonconforming Signs
(1) Any signs existing at the time of the passage of this ordinance and which
violate any provisions thereof shall be deemed a nonconforming use and may
~ be continued, maintained and repaired upon the present premises or location;
provided, however, that such sign was lawful under any prior ordinance. Any
sign unlawful under any prior ordinance shall remain unlawful unless it
complies with the provisions of this ordinance and there is issued by the
Zoning Officer a sign-erection permit therefore.
(2) Any sign which has been damaged to the extent that the cost of repairs shall
exceed fifty percent (50%) of the cun'ent value of said sign shall be deemed
as destroyed, and the owner thereof shall not be permitted to erect or restore
said sign except in accordance with this ordinance.
NO. 98-4 PAGE 23
J. Service Station And Garage Signs
(1) In accordance with the regulations specified in this Section, one (1)
freestanding pylon sign bearing the brand, trade name or trademark of the
gasoline or other products sold on the premises, not exceeding thirty-five (35)
square feet in area; and one (1) sign bearing unit prices, not exceeding fifteen
(15) square feet in area, shall be pem~itted provided their aggregate area shall
not exceed forty-five (45) square feet. The lowest point shall not be less than
six (6) feet above the average grade elevations below. Such signs shall be set
back 10 feet from all lot lines.
(2) In addition to the pylon sign, one (1) sign bearing the brand, trade name or
trademark, not exceeding twelve (12) square feet in area may be affixed to the
face of the building.
(3) In the event there is a canopy that is located over the pump island area, one
(1) sign, limited to bearing the brand, trade name or trademark of the station
may be permitted per canopy side, provided that each sign does not exceed
an area of ten percent (I 0%) of the canop) lace.
K. Awnings and Canopies
(1) All awnings and canopies attached to the ground or to a building shall be
thoroughly and rigidly secured and shall be repaired and maintained as
necessary to keep them secure, safe and free from causing any danger or
damage to persons or property.
(2) No awning or canopy shall be erected or maintained so as to obstruct access
to any fire escape, window, door, exit or standpipe, or obstruct passage by
either vehicular or pedestrian traffic on any public or quasi-public right of
(3) All canopies and awnings shall have a minimum clearance of 7.5 feet,
measured from the bottom of canopy or awning, and shall not project more
than either (18) inches in front of the building facade.
(4) A maximum one (1) awning may be placed upon the front facade of the
building.
(5) A maximum of one (1) cauopy may be placed over the principal entrance to
the building, provided that no awning is placed upon the front facade of said
building.
L. Billboards.
Billboards shall be permitted as a conditional use within any Industrial or
Cornrnercial Zoning District in the Borough subject to the following conditions:
(I) No part of any billboard advertising sign shall be located within 1,000 feet of
a single-family residential district or within 650 feet of a multi-family
residential district, nor within 500 feet of another billboard advertising sign,
said 500 feet to be measured along the side of the roadway as the proposed
billboard advertising sign.
(2) No part of any billboard advmntising sign shall be located more than 300 feet
from the edge of the right of way of the New Jersey Turnpike or within 300
feet of an entrance or exit ramp of the New Jersey Turnpike. The spacing
requirements with respect to billboards set forth in the Federal Highway
Beautification Act, New Jersey N.J.A.C. 16:41C-I et. seq., as well as the
New Jersey Turnpike rules and regulations set forth under New Jersey AC
Chapter 19, togther with Roadside Sign Control and Outdoor Advertising
Act, N.J.S.A. 27:5-5 et. seq. are adopted herein by reference with the
provisions contained thereunder with regard to outdoor advertising billboards
incorporated herein.
NO. 98-4 PAGE_ 24
(3) With respect to each sign structure, no more than two sign faces, one on each
side of any sign structure (double sided) shall be pertained; with the
measurements of the billboard not to exceed 20 feet by 50 feet on one side for
a total 1,000 square feet of advertising space per side or a total maximum
permitted advertising space of 2,000 square feet for both spaces.
(4) No part of any billboard advertising sign shall be higher above grade of the
roadway than the maximum height of a principal structure in the zone in
which the proposed sign is to be located. When adjacent to the New Jersey
Turnpike, no part of the billboard shall be higher than 60 feet above the
elevation of adjacent Turnpike travel lanes, exclusive of any ramp elevation.
(5) The lighting standard for billboards shall require shielded lighting displayed
directly on the face of the sign.
(6) The specific requirements contained in N.J.A.C. 16:41C-8.7 off premises
signs are hereby incorporated by reference and made a part hereof so that any
applicant must comply with tile general standards contained, therein.
(7) Any billboards that are to be constructed adjacent or contiguous to a State
highway, Federal highway or Interstate Highway shall require as a condition
of final approval appropriate permits, licenses from all applicable State and
federal agencies.
Section 160-119.1 Certificate of Continued Use or Occupancy
Add a new Section 160-119.1, as follows:
A. Certificate Required For All Uses.
(1) Change of occupancy required. Continued certificates of occupancy are
required upon change of occupancy of all real property in the Borough. It
shall be the responsibility of the Zoning Officer to receive and review
applications for continued certificates of occupancy. The Zoning Officer,
afrer his review of the application and determination from the records of the
Borough that the existing use is a permitted use as set forth, shall issue the
continued certificate of occupancy. The Borough shall charge a fee for such
application as specified by ordinance.
(2) Change of tanancy of commercial, industrial and office usages.
(a) Continued certificates of occupancy are required upon a change of
tenancy of commercial, industrial and office usages in the Borough.
It shall be the responsibility of the Zoning Officer to receive and
review such applications. The review shall include, but not be limited
to, a description of tile proposed use, the hours of operation, the
number of employees, the parking requirements, the nature of
deliveries or shipments, etc. The fee for a certificate of occupancy
under this section is twenty-five dollars.
(b) A certificate of occupancy shall not be issued for a change of tenancy
until the new tenant has registered with the Fire Prevention Bureau
and has met the requirements of the New Jersey Uniform Fire Code.
B. Denial of certificate. In the event that the Zoning Officer denies issuance of a
certificate of continued occupancy, said denial shall be prepared in writing, outlining
the basis of determination for said denial. A copy of the denial shall be forwarded
to the applicant. The appeal ora denial is to the Zoning Board of Adjustment.
C. Record to be kept. A record of al! certificates shall be kept on file by the Zoning
Officer, and copies shall be furnished to any person having a proprietmy or tenancy
interest in the building or site in question.
' ~ PAGE_ 25
N<~. 98 -4
Section 160-119.2 Auto Sale and Auto Repair
· -- Insert the following as a new Section 160-119.2:
A. No parking of vehicles shall be permitted within 40 feet of a street line or within 10
feet of side or rear lot lines.
B. There shall be a minimum of two access driveways serving an auto dealership, and
such driveways shall be separated by a minimum 100 feet as measured at the
centerline of each driveway.
C. Maximum impervious coverage of 75 percent shall be permitted.
D. Alt exterior lighting shall be downshielded so as to minimize disturbance to adjacent
properties and passing motorists.
E. All repair work, other than occasional minor repair, shall take place entirely within
the building.
F. There shall be no outdoor storage of supplies, materials or parts, exclusive of
automobiles for sale.
G. A maximum of five motor vehicles may be parked over night on the premises of an
auto repair facility. This parking area shall be screened by buffer plantings to
~-- minimize its view from public rights of way and adjoining properties.
Section 160-119.3. Drive-In Bank~
Insert the following as a new section 160-119.3:
A. A stacking area in the drive-up aisle for minimally ten vehicle parking spaces shall
be provided.
B. No drive-up window shall be located within 25 feet of a street line.
ARTICLE XVI
ZONING
Section 160-120. Enumeration of Zones.
The list of zone districts is amended as follows:
R-25 One- and Two-Family Residential, one-family with 5,000 sq fl per unit and two-family
with 2,500 square feet per unit.
The references to the Neighborhood Comanercial and Highway Commercial Zones is revised
to GB and liB, respectively.
Section 160-128 R-50. Residential Zone regulations.
Delete Section 160-128A(2), multiple dwelling groups, as a permitted use in the zone, and add
multiple family dwellings by creating 160-130A(4), D & F.
Insert a new Section 160-128A(2) as follows:
(2) Commurdty residences for the developmentally disabled and commurJty shelters for
victims of domestic violence, subject to the following:
(a) A community residence or shelter shall fully comply with all zoning and
health regulations applicable to single-family residences in the zone district
in which it is located;
(b) A community residence or shelter ma3' not be occupied by more than six
residences excluding resident staff.
PAGE 26
No. 98-4
Revise Section 160-125B(3) as follows:
~" (3) Fences, walls, and hedges, see Section 160-81.1.
Amend the reference to the amount of habitable floor area in Section 160-128C(1) from forty-nine
percent (49°/~) to twenty-five percent (25%) in order to conform with the definition for professional
office/home.
Replace Section 160-128E with the following:
E. Permitted signs, see Section 160-113.
Replace Section 160-128F with the following:
F. Parking, see Section 160-107.
Section 160-129 R-25. Residential Zone regulations.
Delete Section 160-129A(3), multiple dwelling groups, as a permitted use in the zone.
Add the following sentence to Section 160-129D:
The R-25 Zone area and bulk requirements for one-family dwellings is the same as single
family dwellings in the R-50 Zone.
Replace Section 160-129E as follows:
E. Permitted signs, see Section 160-113.
Replace Section 160-129F as follows:
F. parking, see Section 160-107.
Section 160-130. R-M Residential Zone Regulations.
Amend Section 160-130A(1) to read as follows:
(1) Garden apartment multi-family structures as regulated in the R-M(G) Zone.
Amend Section 160-130A(2) to read as follows:
(2) Townhouse single-family dwellings as regulated in the R-M(T) Zone.
Insert Section 160-130A(4):
(4) Multi-family dwellings as regulated in R-M (G) Zone.
Insert Section 160-130C(2):
(2) Nursing Homes, per the regulations in Section 160-106.
Replace Section 160-130E as follows:
E. Permitted signs, see Section 160-113.
NO. 98-4 PAGE 27
Replace Section 160-130F as follows:
F. Parking, see Section 160-107.
Section 160-132. Neighborhood Commercial Zone Regulations.
1. Insert a new Section 160-132A(6) as follows:
(6) Child-care centers shall be a permitted use in all commercial districts, subject to the
following:
(a) Outdoor space requirements shall be as follows: For children in attendance
for three (3) or more consecutive ours, the center shall provide a minimum
of one hundred fifty (150) square feet of net outdoor space. When more than
five (5) children are asing such a space at one time, there shall be thirty (30)
square feet of net outdoor space for each additional child in addition to the
required minimum of one hundred fifty (150) square feet.
(b) The proposed outdoor area shall be designed wilh sufficient dimensions and
orientation to enable its conversion to a parking area which would serve the
building if it were occupied for an alternative permitted use. An applicant for
a day care facility shall be required to submit a sketch layout indicating the
prospective conversion of play area to parking use, including the location of
access aisles, stall dimensions, location of parking spaces, and provision of
an area for perimeter landscaping, as provided by Ordinance.
(c) One (1) off-street parkiog space shall be provided for every five (5) children
for which the center is designed to accommodate.
(d) Such facility shall comply with ail applicable governmental requirements and
shall be licensed by the New Jersey Deparlment of Human Services.
(e) A child cam facility may be permitted to occupy an entire building, or a
portion of an existing building which is partially occupied by other uses,
irrespective of any other ordinance limitations on the number of principal
permitted uses allowed on a lot.
Amend Section 160-132C(1)(e) to read as follows:
(e) Inns, hotels, cabarets, nightclubs, auditoriums or theaters.
Delete Section 160-132C(1)(j) in its entirety and replace with a new (j) as follows:
(j) Billboards
Amend the first sentence in Section i60-132C(2) to read as follows:
Any application for development for a conditional use, as set forth above, shall be reviewed
by the Planning Board for compliance with those specific conditions hereinafter set forth.
Amend the introductory paragraph in Section 160-132C(5) to read as follows:
The conditions hereinafter set forth shall, in addition to those conditions specified in
Subsection C(3), be applicable to inns. hotels, bars, cabarets, nightclubs, auditoriums or
theaters, dance halls, and other places of assembly, defined as type A-2 in the BOCA code:
Amend Section 160-132C(5)(c) to read as follows:
(c) Signs shall be limited to one (1) sign not to exceed twelve (12) square feet,
containing the word "cabaret." No other signs or advertising shall be permitted on
the premises.
NO. 98-6- P^GE 28
Amend the introductory paragraph in Section 160-132C(6) to read as follows:
The conditions hereinafter set forth shall, in addition to those conditions specified in
Subsection C(3), be applicable to bowling alleys and billiard parlors:
Amend Section 160-132C(6)(d) to read as follows:
(d) Parking areas shall be provided Ibr bicycles in addition to parking required for
automobiles as set forth in {3160-107.
Amend Section 160-132C(6)(e) to read as follows:
(e) The required parking for any building or site containing more than one (1) use shall
be calculated as the sum of the individual uses pursuant to the requirements set forth
in §160-107J.
Replace Section 160-132E as follows:
E. Permitted signs, see Section 160- I 13.
Replace Section 160-132F as follows:
F. Parking, see Section 160-107.
Amend Section 160-t32G(2) to read as follows:
(2) Signs painted upon the exterior side or rear walls of any principal or accessory
building or structure.
Section 160-133. Highway Commercial Zone regulations.
Insert Nursing homes as a conditional use, in Section 160-133C(1 ).
Amend Section 160-133C(1)(e) to read as follows:
(e) Inns, hotels, cabarets, nightclubs, auditoriums or theaters.
Delete Section 160-133C(I)(j) in its entirety and replace with a new (j) as follows:
(j) Billboards
Amend the first sentence in Section 160-133C(2) to read as follows:
(2) Any application for development for a conditional use. as set forth above, shall be
reviewed by the Planning Board for compliance with those specific conditions
hereafter set forth.
Amend the introductory paragraph in Section 160-133C(5) to read as follows:
The conditions hereinafter set forth shall, in addition to those conditions specified in
Subsection C(3), be applicable to irms. hotels, bars, cabarets, nightclubs, auditoriums or
theaters, dance halls, and other places of assembly, defined as type A-2 in the BOCA code:
Amend Section 160-133C(5)(c) to read as foIlox~ s:
(c) Signs shall be limited to one (1) sign not to exceed twelve (12) square feet,
containing the word "cabaret." No other signs or advertising shall be permitted on
the premises.
Amend the introductory paragraph in Section 160-133C(6) to read as tbllows:
The conditions hereinafter set forth shall, in addition to those conditions specified in
Subsection C(3), be applicable to bowling alleys and billiard parlors:
NO. 98-4 PAGE~ 29
Amend Section 160-133C(6)(d) to read as follox~s:
(d) Parking areas shall be provided for bicycles in addition to parking required for
automobiles as set forth in § 160- I 07.
Amend Section 160-133C(6)(e) to read as follows:
(e) The required parking for any building or site containing more than one (1) use shall
be calculated as the sum of the individual uses pursuant to the requirements set forth
in §160-107J.
Replace Section 160-133E as follows:
E. Permitted signs, see Section 160-113.
Replace Section 160-133F as follows:
F. Parking, see Section 160-107.
Section 160-135. Light Industrial Zone regulations.
Delete Section 160-135A(6) Multiple dwelling units.
Insert the following as a new conditional use under Section 160-135C as follows:
(2) Adult bookstores, adult entertainment establishments and adult novelty shops
pursuant to the following conditions:
(a) Location. No such use shall be located within one thousand feet of a lot
containing a school, church, borough operated facility or any residential use
or district, or within 500 lket of another adult bookstore, adult entertainment
establishment, adult novehy shop or other similar use.
(b) Screening. A 100 percent impervious screen including fencing and
landscaping with evergrecn trees shall be provided along the perimeter of the
site.
(c) Minimum Lot Area. 1.0 acre.
(d) Maximum Lot Coverage. 50 percent.
(e) Maximum Building Covcrage. 10 percent.
(0 Parking.
1. Adult book stores and novelty shops. One space per 200 square feet
of floor space.
2. Adult entertainmcm establishments. One space for every three seats
and one for every employee in the maximum work shift.
3. All other parking and loading standards shall be in accordance with
Section 160-107 o f this ordinance.
(g) Signage.
1. Signage shall be limited to one freestanding or wall sign.
2. The permitted sign shall comply with the provisions of Section 160-
113 of this ordinance.
NO, 98-4 PAGE 3.0
Insert a new Section 160-135C(2) as follows:
(2) Billboards
Replace Section 160-135E as follows:
E. Permitted signs, see Section 160- I 13.
Replace Section I60-135F as follows:
F. Parking, see Section 160-107.
Amend Section 160-135G(5) to read as follows:
(5) Painted exterior wall signs.
Section 160-137. HI-B Heavy Industrial Zone regulations.
Delete Section 160-137A(4) Multiple dwelling units.
Insert a new Section 160-137C(2) as follows:
(2) Billboards
Replace Section 160-137E as follows:
E. Permitted signs, see Section 160-113.
Revise Section 160-137F as follows:
F. Parking, see Section 160-107.
Delete the word "storage" in Section 160-137G( 1 ).
Amend Section 160-137G(2) to read as follows:
(2) Painted exterior wall signs.
Section 160-138. HI-A Heavy Industrial Zone regulations.
Revise Section 160-138D as follows:
D. Permitted signs, see Section 160- I 13.
Revise Section 160-138E as follows:
E. Parking, see Section 160-107.
Replace existing Section 160-138F with the following:
F. Prohibited uses shall be as follows:
(1) All nonindustrial uses except those conditional uses as provided in §160-
138G.
(2) Junk:yards.
(3) Liquid natural gas (LNG) production, transfer, processing, storage or
distr/bution.
(4) The manufacture, process or storage of explosives or liquid inflammables and
combustibles, such as but not limited to TNT, nitroglycerin, rocket fuels,
gasoline or butane oil, shall not be permitted within one thousand two
hundred (1,200) feet of a public school, private school, public housing project
or institutional facility.
(5) The sale, rental leasing of any used car, truck or vehicle.
98-4 PAOE .~1
(6) Massage parlors, tattoo shops, adult book stores and adult-oriented
entertainment facilities such as go-go bars and striptease clubs.
(7) Any storage or dfsplay of merchandise outside the confines of a building
except for the sale of garden supplies or nursery stock associated v,4th the
primary use of the building or for retail sales accessory to fi~e primary use and
limited to 10 percent of thc floor area of the primary use of the building. Any
outside storage or display shall be fully screened with walls or fencing.
($) Any use not permitted as a either a pemritted or conditional use is prohibited.
Insert a new Section §160-1380 as follows:
Conditional uses shall be permitted upon application and approval of the plarming
board as follows:
(1) Regional Mall
(a) Definition. A regional mall is a building or group of buildings
developed as an imcgrated entity on a s~ngle tract for the purpose of
providing retail sales, services and entertainment opportunities on a
regional basis. A ~cgional mall may contain one or more principal
anchor stores and may also contain ancillary retail stores, personal
service establisNnems and entertainment establishments pursuant to
the limitations specified herein.
(b) ln~ter~t and Puroosc_' It is the intant of this section of the ordinance to
provide for the dex clopment of regional malls in association with the
implementation of the Landfill Reclamation and Improvement
District established ia the borough pursuant to P.L. 1995, c. 173 and
the borough's Urban Enterprise Zone. A regional mall is intended to
be developed pursuant to a comprehensive development plan that is
designed to minimi/.es traffic impacts on the borough's local road
network by proxiding direct access to the regional and interstate
highway network through arterial roads. A regional mall shall be
designed to enhance the aesthetic character of the borough through
the use of site design standards established herein, pedestrian
amenities and extensive landscaping and buffer areas.
(c) permitled Principal :\nchor Stores. A regional retail mall may contain
the following prinopal anchor stores:
1. Retail sales and outlet stores.
~ 2. Department stores.
3. Theaters and auditoriums.
4. Hotels including accessory uses such as restaurants, meeting
and conference rooms, bars, nightclubs, git~ shops, newspaper
stands, barber shops, beauty parlors, pools, gymnasiums and
health clubs. Hotels shall conform to the requirements of
§160-103.
(d) Permitted Ancillary Uses. The following ancillary retail stores,
personal service cslablishinents and entertainment astabliskments
may be provided as part cfa regional mall provided that in aggregate
such uses shall occupy no more than 30 percent of the total floor area
of the developmenl
1. Retail and personal service establishments.
2. Banks, including banks with drive-in tellers
3. Restauranls and drive-in restaurants
4. Health ck~bs
5. Entertalmncnt establishments including arcades, bowling
alleys, billiard parlors, batting cages and miniature golf
courses provided that in aggregate entertainment
establishn~cnts may occupy no more than 15 percent of the
total floor area of the development.
98-4 PAGE 37
NO,
(e) The following conditions shall apply to regional malls:
1. The minimum tract area shall be 65 acres.
2. No individual use shall occupy less than 3,000 square feet of
floor area
3. Maximum bnilding coverage shall not exceed 30 percent.
4. Maximum impervious coverage shall not exceed 75 percent.
5. Minimun~ open space shall be 25 percent.
6. Ingress and egress shall be provided to an arterial street.
7. The nfinimum distance bet;~een buildings shall be 50 feet.
(f') ]3ulk and Yard Standards. The bulk and yard requirements applicable
to regional mall shall be in accordance 1o the requirements of the HI-
A zone except as modified by § 160-138 G( I )(e) above.
(g) Parkine. Parking shall be provided in accordance with §160-107.
_ Parking may be provided as surface parking or may be provided in
parking decks attached to principal buildings. Parking decks may be
excluded from thc bailding coverage calculation. Parking areas is
distributed around the principal buildings to shorten pedestrian
walking distances and reduce the ox erall scale of the paved surfaces
surrounding the building.
(h) Landscat>ine.
1. A landscape plan shall be prepared by a certified landscape
architect thal includes the number of plants, scientific name,
common name, size of plant, root condition, spacing and
mulch material. Installation details shall be provided for trees,
shrubs, shrtd~ beds, and any unique equipment or materials
(e.g. foonlains or pools). Installation notes shall be provided
as needed lo adequately clarify the design construction
methods. The soil erosion and sedinaentation control plan
shall be in c~mformance with tile landscape plan.
2. Those pomons of the site that are not used for roads,
circulation ~isles, off-street parking, buildings, or pedestrian
~ walkwa3 s shall be attractively planted and maintained with
trees, shrub~, lawns, ground covers and flowers pursuant to
the landscape plan. Wetlands and transition area buffers that
are required to be maintained ill their natural vegetative state
pursuant lo fi~e regulations of the New Jersey Department of
Environmental Protection {DEP) are exempt from this
requirenlcnl
3. Within every parking lot landscaped are~ shall be included
at a minimum tatio of one (1) squa~ foot of landscal:~:i
for ,very fifteen (15) ~quare feet of paved parking al'ca
including pr, akf.ng stalls and circulation aisles, lntemal roads.
fu-e lanes, and parking decl~ are not to be counted a~ p~u'kint,
areas for the purpose of this calculation.
4. A perimeter hull'er ar~a of 3 $ f~:l ,hail be pre','id~t along ~c
bomldary of ~he tract and along the frontages with all local
streets and arterial roads. No buildings, stmcnucs or pm'king
area~ ,he. Il be located within the buffer except for entrance
reads. The purpose of thc buffer is to provide ~cr~ening and
buff:ring of the regional inK6. devel,~pment bcyend thc lot and
~ to provide s:rcening and i~ulTering of ,.lew~ of adJaccnl ann
nearby industrial uses from within the uact. The buffer shrill
be attractively planted a.nd maintained with trees,
la,.vns, 8ro,.~d covers and flowers and inolud~ b~rms in
are, aa where addltional acrccning is warrtmtcd such as acer
loafltng docks, truck parlclng and adjacent tndusutal uses. '~.e
buffer shall be deigned pumm~ to the rcquimmenls of § 160-
77, except thet the distance requirements specified in §160-
77B sh~ll not apply.
33
98-4 PAGE
NO.
.5. A l~¥x;d area v,'i~h a mir..imm:'~ width of 15 feet shall be
provided hew;CCh ~,ny perim¢lcr access road m~.d parking area.,
and buildirtgs located within the perimeter road. This area
shall be attraeliwly pl~ted ~nd nmima~ed w/th trees, shrubs,
ll~wn$, ground covers ~d flowers. Lighting fixtures may be
loca'..ed within this area. No buildings, s~actures or parking
are,,~ shall b~ located wil. hh:t the la,ndmaped area except for
enWance road mid sidewalks.
6. Are~ for lre~h collection mad compaction, kmdlng md truck
parking sl~l be adequately screened.
(i] Pedesman Circu!ation and Amenities.
1. pedem'ian walk-ways ~hall corm¢*t focal point~ of pedestrian
;ctivity such as, 'out not lhnilcd lo, transit stops, streel and
circulation ~/sle crossings, building and ~ore ent~ points and
sh~ll hmlude adjoining landscal~d are~ that include trees
shrubs, b~aches flower bed~, ground co~ers, or other
ma~rlals fo~: no 10;; than 50 percet~t of its length.
2. Sidewalks ~.hall be provided along any facade featuring a
customer cmrance and along any facade abutting public
~ parking arca~. Such sidewalks shall be located at least six (6)
feet fi-om th, facade of the building to provide planting beds
for foundali~m landscaping, except where features such as
arcades or cmranceways arc part of the facade.
3. Internal pedestrian walkwass shall be distinguished from
driving snl I.tces through thc use of pavers, bricks or scored
concrete to enhance pedestrian safety and comfort, as well as
the attractix chess of the walkways. Signage and other traffic
calming dot ices shall be provided at major pedestrian
crossings :~nd near mall emranceways to reduce vehicular
speeds and enhance pedestrian safety.
4. On-site pedestrian walkways shall be provided with weather
protection li:3tures such as ax,, nings or arcades within 25 feet
of all cust,m ~cr entrances.
0) Distinctive Desi,.n~_j cau,n'¢. Each regional mall shall include at least
one area or distincfi, c design feature xx hich includes at least three of
the following conap, nents: patio or seating area. pedestrian plaza with
benches, transpor~i ~m center including public transportation pick-up
.,~ and drop-offarca, xx ndoxx shopping x~alkx~ ay, playground area, kiosk
area, water feature., ~ock tower or other such focal feature or amenity.
Any such area sh:tl hate direct access to the on-site pedestrian
walkway network
(k) ~.
1. Each princip:d building on thc site shall have clearly defined,
highly visib!c customer entrances featuring no less than three
of the fo]lox, ing features: canopies or porticos, overhangs,
arcades, rai>cd corniced parapets over the door, peaked roof
forms, arch~ ,. outdoor patios, display windows, architectural
details suc~ .ts tile work and moldings which are integrated
into the buil !ing structure and design, planters or wing walls
that incorp~~' ate landscaped areas and/ur places for sitting.
34
·, PAGE~
98-4
--
2. Each buihling shall be provided with multiple customer
entrances to reduce walking distances and facilitate access to
ancillary ~ctail, personal service and entertainment
establishments. All sides of a bnilding facing a public street,
arterial road or interstate higbxxay shall include at least one
customer c~nrance. Where a principal building directly faces
more tban txx o streets, this requirement shall apply to no more
than two sides oflhe building.
(1) ~verfront Desie~t~[~ve~ and Amenities.
1. Regional t~mlls located on Iracls with fl-ontage on rivers or
other bodies of water shall include design elements ~at
include view s of these nam'al feat~es and e~ce
access to these areas from lhe retail ~d ente~ment ~es on
the site. Thcse design features shall include at leal ~ee of
the folloxx lng components: overlooks, piers, patio or seating
areas, pedcsu'ian plazas boardwalks xxith benches, window
shopping xx alkxxays and pcdcsu'ian arcades. A potion or all
of these N. alu~cs nlay bc located above ~d cross over
pel'inleler ::cccss roads. Rcslaurants and other entenaiment
facililies max be located in this area of the site to provide
additional '. i~xx s of the rix cr and natural features.
2. Access to ~hc rix erfi'oot design tkature shall be provided via
elltrancexx ::x s lo the anchor Mores or ancillaU uses. This area
shall also I~:we direct access/o the on-site pedes~ walkway
network. Rixerfront design lkalures and amenities may be
incm?oratcd xxith or co~ect to lhe distinctive design feature
of the site.
Bulk Schedule
Replace the eni~.ir, g Bu!k $~hedui¢ wl,.h ~he following:
" 98-4 PAGE_ ,35.--
NO.
ARTICLE XVIII
ENVIRONMENTAL QUALITY REVIEW
Insert this article as a new Article XVIII in its cmirety, as follox~ s:
160-143 Purpose.
A. The purpose of this Article is to p~ ovide for enviromnental safeguards by requiring
the submission of an environmental impact statement prior to issuance of certain
construction permits, soil remox al and road opening permits, tree removal permits
and prior to site plan approval or prelin'finary approval of a major or minor
subdivisions.
B. An environmental impact statement is required by the Borough of Carteret to assess
the impact of the proposed project upon the environment, especially with respect to
water and air resources, pollution o fall kinds, drainage, waste disposal, the landscape
or any other pertinent environmc~ml factors.
160-144 Interpretation.
The provisions and requirements of this A~ticle shall be held paramount to any corresponding
or similar, but less restrictive, provision:, m3d requirements of any existing law, ordinance,
rule, regulation, deed or private covemm~ affecting lands :lnd premi,,es in the Borough of
Carteret.
160-145 When Environmental Impact Statcmcnt Required.
An environmental impact statement is herchy required for all preliminary major subdivisions
and for preliminary site plans. A single environmental impact statement shall satisfy the
requirements of this chapter if more than one (1) of the above t3pes of applications is
involved, so long as the subject matter o l each type of application is covered by the single
environmental impact statement.
160-146 Filing Requirements.
This Article covers the most complex c:l>cs, and the entire contents may not be applicable
to less complex projects. Therefore. an oulline discussion shall be submitted to the Planning
Board on forms available from the Secretary of the Board. prior to the preparation of an
environmental impact statement. The oulli ne will address briefly the items described below
and discuss which of these items are enx inmmentally significant with regard to the proposed
project. The applicant shall describe thc depth of study Ibr these items and how their
environmental impact will be evaluated. \dditionally those items upon which the proposed
project will have insignificant or no enx ironmental impact shall also be described; these
items need not be addressed in the enx i~,nmental impact statement The approval of the
outline does not relieve the applicant fi'om including additional items of environmental
impact which may be revealed during thc conduct of the impact statement, nor does it
prevent the Planning Board from including additional items as necessary at a later date.
160-147 Construction permits.
No construction permit shall be issued until receipt ora resolution from the Planning Board
indicating its approval or establishing con~litinns of approval.
·" PAGE__3fi
NO. 98-6
160-148 Contents of Statement
The environmental impact statement sh~dl include the following:
A. Plan and description of development. A project description, complete with maps and
drawings, which shall spccif;, xxhat is to be done and how il is to be done during
construction and operation, shall bc provided. The description shall include, but not
be limited to, contours, buildings. ,',,ads, paved areas, grading and regrading, adjacent
natural stearns, stream encroachment boundaries, the project's relation to surrounding
property and utility lines and bu fl;:r zones.
B. InventoU of existing enxironmcntal conditions. An inventory of existing
environmental conditions at tbc ~woject site and itl the afl;.'cted region shall be
provided, which shall describe ~ewer facilities, water supply, water quality,
hydrology, air quality, traffic, no~c. light characteristics and levels, demography,
critical areas, geology, topograpbs, slope, soils and properties thereof, including
capabilities and limitations, veget:nion, wildlife, wildlife habitat, aquatic organisms,
land use, aesthetics, historical silos and archeological features. Air and water quality
shall be described with reference to standards promulgated by the Department of
Environmental Protection of the State of New Jersey as amended, and soils shall be
described with reference to thc Middlesex County Soil Conservation District
Standards and Specifications. as amended.
C. Assessment of the anticipated impact of project. An assessment of the environmental
impact of the project shall be prox ided. The assessment shall include an analysis of
the public costs, including but not limited to the costs pertaining to schools, roads,
police, fire protection, water suppl3, sewerage disposal and other similar direct and
indirect costs of the project, including tile effect on recreational facilities, open space
and other similar municipal services. When possible, the assessment shall describe
the anticipated impacts with reference to standards as may be determined by federal,
state and local statutes. The assessment shall also address:
(1) Sewerage facilities
(a) Show the average daily number of gallons of sewage wastes to be
produced by the project.
(b) If project is an expansion of an existing development, provide
information of existing flows and disposal methods.
(o) Show that seweragc can be disposed of through facilities adequate to
preclude air and xx ater pollution, and:
1. If disposa! is on-site, show data on underlying geology; water
table; soils latysis: soil strat graphy, percolation tests for
everx sew age disposal site; topograph3: location and depth of
aquii'ers: dcpth, capacity and type of construction of all wells
xxithin fix c hundred (500) feet of site; and any other pertinent
data: or i~' ncatment is on-site and the project is to include
trean~ent fitcilities discharging into a steam or watercourse,
shoxx location of treatment facilities reccMng stream and data
on stream classification, water quality and seven-day low flow
al ten-3 ear frequency; description of treatment facilities and
proposed effluent quality; and evaluation of initial and future
deleterious effects on use of strean~ for water supply,
recreation and aquatic and terrestrial wildlife. Evaluation shall
include effcct of nutrients on downstream ponds and lakes.
2. If disposal is off-site, a plan for disposal with a detailed
description of expected quantity and classification of sewage
effluent and acceptance in writing by court, if required, and
the receixing facility.
3. Compliance with all state and local sewage and health
regulations.
(2) Solid waste disposal.
(a) Show a plan fol' disposal by means of a facility operating in
compliance with the State Sanitary Code. including suitable
(b) If project is an expansion of an existing development, describe
existing disposal.
(c) Describe compliance with state and federal regulations.
(3) Chemical and hazardous ~ aste disposal.
(a) Show identification and satisfactory provisions for disposal of
chemical wastes and hazardous materials defhled by the State of New
Jersey, as amended.
(b) If project is an exl3ansion of an existing development, identify and
describe existiug uses of chenricals and hazardous waster disposal.
(c) Describe complia~cc x~ittl all state and federal regulations for
handling and dispo,al of these wastes.
(4) Water supply.
(a) Show the amount ot: xx ater required by the project in average gallons
per day.
(b) If project is au e×pansion of an existing development, describe
existing water supply and water use.
(c) Show that au adequate potable water supply is available and not
threatened by nearby use of other land, and:
1. If supply is fi-om public facilities off site, including private
water companies, show the amount of diversion granted by
the Dixision of Water Resources. maximum gallons of water
pumped dnring the past twenty-four (24) months and
diversions expected fi'om other approved subdivisions which
are dependcnt upon the present diversions granted by the
Division of Water Resources: or if supply is from on-site
sources, pt-ox ide location and depth of all private and public
water st~ppl.x wells within five hundred (500) feet of the realty
improx cmcnt and location, depth and adequacy of proposed
private or pnblic water supplies to serve tile proposed realty
improxcmcnt and geologic description of subsurface
conditions, including expected groundwater yields, including
the same I~ublished geologic reports or report by a geologist;
aud
2. Complizmcc xx ith all state and local regulations.
(5) Drainage. Describe the measures which will be taken to minimize the rate,
volume and velocit5 o1' stormwater runoff; to minimize any effects of
drainage on adjacent areas, to minimize soil erosioo during and after
development; and to decrease to the east degree possible soil absorpti.on and
groundwater recharge: and that the natoral drainage pattern is not
significantly altered, aod:
(a) Volume aud peak Ilow rates of stormwater runoff expected from
undeveloped site and to be generated by nexx improvements.
(b) Data on landscapiu~, x egetation map. tree and ground cover existing
(c) Changes of runofl', l':lles and volumes to be cansed by changes land
use and the time ol conceutration.
Plans for disposi[ion of stonnwater, whether by retention, on-site, or
(d)
means ofchanuelling so as to protect downsn'eam property.
98-4 PAGE ~38
NO.
(6) Floodplain. Include a description of potential flood damages, including a
,,,....- summary of flood stages fi'~m~ state and federal sources.
(7) Air quality. Include a statement of anticipated effects on air quality.
(8) Noise. Include a stalemenl t~I' anticipated effects on noise levels, magnitude
and characteristics related io on-site activities and proposed method(s) of
control.
(9) Traffic, pedestrian and xcl~icular. Include an inventory of existing traffic
volumes and a statemcnl t,I the projected effect of anticipated traffic on all
internal, access and bordc~ ing roads.
(10) Demography. lucludc a stalement of the on-site and off-site effect on the
utilization of pubic facilities, such as schools, police and lire protection, road
maintenance and the tike because of changes in popdlation density.
(11) Critical areas, hrcludc a statement of the impact on critical areas, including
stream corridors, sire:rms, wetlands, estuaries, slopes greater than fifteen
percent (15%), highly crodiblc soils, areas of high water table, mature stands
of native vegetation, aquiIkr recharge and discharge areas and other
environmentally sensitive lkatures, areas or conditions.
(12) Artificial light, lnclude a statement of anticipated effects on light, magnitude
and characteristics related to on-site activities and proposed method(s) of
control with particular attention to the control of sky glow.
D. General. The Planning Board may request an assessment of the anticipated impact
on conditions mentioned in SubsecIion B above, but not specifically covered in
Subsection C above or on other conditions as may be appropriate to meet the intent
of this chapter.
E. Alternatives. Alternatives to minimize adverse cnxironmental impacts during
construction and operation, both at thc project site and itl tire surrounding region, are
to be identified as a part of thc envirnnnrental impact statement.
F. Licenses, pern~its, etc. A Iisi of all licenses, permits, and other approval required by
municipal, county, state or federal laxx.
160-149 Review and approval.
In reviewing an environmental impact statement, the Planning Board shall take into
consideration the effect of the applicant's proposal upon all aspects of tile environment. They
shall submit the environmental impact statement for review and comment to the
Environmental Committee and to such other governmental bodies and to such consultants
as they may deem appropriate. These bodies shall be given thirty (30) days in which to
review the statement as to its adequacy and to make comment if the statement is deemed
adequate. If the official bodies and/or their consultants determine that the environmental
impact statement is incomplete, the applicunt will be so notified as per the submission
completeness requirements of this ordinance. The Planning Board shall approve an
environmental impact statement only it' it is dcterlnined that the proposed development has
been designed with adequate safeguards as needed to protect tile environment.
· ~ PAGE
'NO. 98-4
A. Conditions. The steps to be taken to nthtimize adverse environnrental impacts during
construction and operation wlfich may be approved by tile Planning Board shall
constitute conditions of the approval of the enviromnental impact statement, together
with such other conditions as the Planning Board may impose. All work may be
stopped by the ConsUuction Official if specified construction restraints are not
followed. No certificate of eccupancy shall be issued until compliance shall have
been made with all conditions
B. Waiver. The Planing Board may waixe the requiremeat of an eavironmental impact
statement in whole or in par~ if sufficient evidence is submitted itl writing to support
a conclusion that a complete environmental impact statement need not be prepared
in order to evaluate adequately the enviromnental impact of a project.
160-150 Preparation.
The aforementioned environmental impact statement, shall be prepared by a person or firm
having expertise in the environmental field, by virtue of training, experience or education.
The person or firm shall demonstrate their qualifications to the satisfaction of the Planing
Board. In addition, the environnlental impact statement shale be signed by the applicant or
chief executive officer, in the case of a corporation or public agency, affirming that the
environmental impact statement contains an accurate description of the project.
Revised through November 12, 1997
t)o ~qo'r usu S~ACe ~mLOW 'rms t.~,~:
i~,ECOi~,i) ()lr cOUNCIl, VOTE
FAILACE ~
x - tmlicate Vote AB - Absc.I NV - Mot Voli~g X()R - [mllcmcs V.Ic lo Overndc Vcm S j
-~ FEBRUARY 5~ 1998
Ad{~pled on firs~ reading nE the Cuuncd ol the llm'ough o[ Crate e , ~.J., on
Adopted no second reading ar~er heming on_ FEBRUARY_I 9, 1998